Wisconsin pharmacist faces charges for following his conscience
News Release
11 October, 2004
Wisconsin, USA
Christian Legal Society
Hearing Today on Charges Against Pharmacist
Who Declined to Fill Birth Control Prescription
MADISON, WI - The Wisconsin Pharmacy Examining Board will hear charges
today against Neil Noesen, a Roman Catholic pharmacist who declined to fill
a prescription for birth control pills. The Wisconsin Department of
Regulation and Licensing charged Noesen with "engaging in a pharmacy
practice which constitutes a danger to the health, welfare or safety of a
patient." Christian Legal Society's Center for Law & Religious Freedom is
participating in Noesen's defense at today's hearing in Madison.
Neil Noesen is a licensed pharmacist practicing in the State of Wisconsin
and a devout Roman Catholic. Early in 2002, Noesen began working as an
independent contractor for RPh on the Go USA, Inc., a pharmacist placement
company. RPh on the Go found Noesen a position as an interim pharmacist with
the K-Mart Pharmacy in Menomonie, Wisconsin. When he started the assignment,
Noesen notified K-Mart's Managing Pharmacist Ken Jordanby that he could not
participate in filling contraception prescriptions without violating his
religious beliefs. K-Mart agreed that Noesen would not have to fill
prescription orders for contraceptives, and Jordanby worked out an
arrangement whereby he would process orders for contraceptives at the end of
each day.
On Saturday, July 6, 2002, a patient requested a refill of her prescription
for a birth control medication. Noesen was the only pharmacist on duty that
day. Pursuant to his arrangement with Jordanby, Noesen informed the patient
that his religious convictions prevented him from filling the prescription.
The patient called the K-Mart store manager, who told her that Jordanby
would come in the next day and fill the prescription. However, Jordanby did
not appear, and Noesen was again unable to fill the prescription. The
prescription was filled the next day.
The patient filed a complaint against Noesen with the Wisconsin Department
of Regulation and Licensing on July 17, 2002. Medical experts will testify
at today's hearing that the delay in filling the prescription in no way
adversely affected the patient, who did not become pregnant. On October 23,
2003, the Department notified Noesen that it had instituted disciplinary
proceedings against him before the Pharmacy Examining Board. The Department
charged Noesen with engaging in a pharmacy practice "which constitutes a
danger to the health welfare, or safety of patient or public," reasoning
that Noesen's adherence to his religious conscience constitutes a threat to
patients and the public.
"Noesen believes he cannot fill prescriptions for contraceptives without
violating his duties before God. The state should respect that, especially
when a patient will not be harmed," said Center Director Gregory S. Baylor,
Esq.
CLS Center Chief Litigation Counsel Steven H. Aden is assisting lead
counsel Krystal Williams-Oby in Noesen's defense. The Alliance Defense Fund
is generously supporting the Center's work on this
case.
CONTACT: GREGORY S. BAYLOR, at Christian Legal Society's Center for Law
and Religious Freedom, 703-642-1070 x3502