Pharmacist appeals Wisconsin Pharmacy Examining Board's Final
Disciplinary Decision
NEWS RELEASE
FOR IMMEDIATE RELEASE
4 November, 2005
William Goodman
Neil Noesen, the Wisconsin pharmacist disciplined earlier this year
by the Wisconsin State Pharmacy Examining Board has filed an opposing
brief November 1st in Barron County Circuit Court.
The brief argues that Noesen fulfilled the standard of care in his
fair disclosure to his employer and in his professional service to the
patient's health, safety, and well-being. Furthermore, it is argued that
Board's standard of care is unconstitutional and that the Board made a
critical omission of law in failing to prudently examine Wisconsin State
Statute Chapter 941.
In July 2002, Noesen conscientiously objected to cooperate with the
filling of an order for a patient to use Loestrin FE 1/20 as a
contraceptive agent. The Board admits that Loestrin FE 1/20 may decrease
the likelihood of implantation.
Implantation is when an embryo bonds to the endometrium, the wall of the
uterus.
Noesen states in this new brief that this decreased likelihood of
implantation constitutes unlawful reckless endangerment of the safety of
an unborn child, "under circumstances which show utter disregard for
human life" according to Wisconsin Stat. ยง 941.30(1).
"The standard of care set forth by the Board is not in accordance with
the timeless philosophy of our profession to care for the sick and the
suffering. As privileged servants to the health of the public we have a
duty to defend the values that ennoble man." Noesen states.
The State Attorney General's office will have until December 1, 2005
to reply to Noesen's appeal.
Contact: William Goodman Phone: (715) 341-4034