About Conscience Clauses

Continuing this conversation, here is a list of Conscience Clauses- laws and proposed legislation based on a pharmacists moral objections to various family planning methods (Plan B and birth control the chief issues).

Ohio is not listed as currently legislating Conscience Clauses- yet. I guess we’re lucky?

Some rules for and against moral objections.

  • California
    - pharmacists have a duty to dispense prescriptions and can only refuse to dispense a prescription, including contraceptives, when their employer approves the refusal and the woman can still access her prescription in a timely manner. [Law]
  • Georgia
    - provides that a pharmacist shall not be required to fill a prescription for an emergency contraceptive drug; provides that such refusal shall not be the basis for any claim for damages; provides for the duration of the effectiveness of the written objection; provides for related matters; repeals conflicting laws. [Admin. Code Code § 480-5-.03]
  • Mississippi
    - permits health care providers, including pharmacists or other pharmacy employees, counselors, social workers, health insures and health care facilities to refuse to provide [any] medical services, including counseling and referral, on religious or ethical grounds. [Code Ann. § 41-41-215]
  • Texas
    - Would allow a pharmacist to refuse, for moral or ethical reasons, to dispense a prescription drug if the pharmacist follows the policies and procedures established by the pharmacy in which the pharmacist practices to ensure a patient has reasonable access to a valid prescription at that pharmacy or another pharmacy. [Proposed. Still in committee.
  • New York
    - Would prohibit pharmacists from refusing to dispense medication solely for philosophical, moral, or religious reasons. [Proposed. Still in committee.]
    - Would establish duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs. [Proposed. Still in committee.]

This is a list of the states from where most of my regular commenters hail. If yours isn’t listed follow the link to see if pharmacists and other health care personnel are allowed to refuse to provide you with contraceptives and/or “family planning” services.1

This is just another way for me to illustrate that this isn’t just about Roe vs. Wade anymore. Even if you’re a woman that has never had or will never have an abortion, your right to proper reproductive health care is at risk (unless you live in California, in which case pffft).

A lot of states just have bills and recommendations sitting around with nothing really happening with them. However, that could change with the redefining of the meaning of “birth control” proposed by King George. It’s a little nerve wracking to know that there are so few outside of the rad fem blogosphere and legislative offices that even realize this kind of uterine invasion is happening. It’s really not just about abortion anymore.

Popularity: 46% [?]

Sphere: Related Content

  1. Please don’t fail to let me know if I’ve misinterpreted something. It’s kind of late in Jinxverse right now. []

Related posts:

  1. Next up…Antibiotics
  2. McCain: Warrior against Women
  3. An update and some old stuff
  4. Caring for Your Uterus…for You
  5. Yahoo! News – Commandments cases may hinge on 1 high court justice
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5 Comments

  1. Vince (20 comments.)
    Posted August 16, 2008 at 1:32 pm | Permalink

    The Conservative Right has been getting very creative lately to circumvent RvW. What they never really do is treat the causes instead of attacking the symptoms. Because if we get rid of abortion and birth control, young kids won’t have sex any more and all babies will be wanted.

    They know this because Santa Clause and the Easter Bunny told them.

  2. Anonymous
    Posted August 18, 2008 at 5:25 pm | Permalink

    What a bunch of stupid bullshit.

    As a woman who was adopted, and not that I wanted my mother to abort me, I appreciate the fact that she had the choice to do so if she wanted to. Not every child is as lucky as I was to end up in a wonderful home with a loving mother.

    To FORCE a woman to have a child she doesn’t want is ridiculous. Are they so stupid to not realize that girls these days, even with the option are still hiding their pregnancies and putting babies in dumpsters?

    Come the fuck on… it’s 2008. It’s time we act like it.

  3. Monique (39 comments.)
    Posted August 18, 2008 at 5:26 pm | Permalink

    Ooops. I was so pissed I forgot to add my personal info.

    The above was ME!

  4. Posted August 19, 2008 at 8:13 am | Permalink

    You have been given The Boot

  5. Jules (2 comments.)
    Posted August 19, 2008 at 3:57 pm | Permalink

    I didn’t know these things had such varied (and in most cases unfair) local interpretation. I am really lost for words to describe how I feel about this. I guess Vince’s comment sums it up really well.

    You mention Plan B and birth control being the chief issues, and I am wondering whether or not the FDA ruling that approved over-the-counter sales of plan B in late 2006 eliminated the effect of Conscience Clauses on that particular pill? My understanding is that the Clauses apply to prescription medication only, or am I getting that one wrong? Plan B is over-the-counter yet it is required to be kept behind the counter and sold upon verification of ID (one has to be 18). Does that mean that the pharmacist can still refuse to sell it citing the Conscience Clause in their state? I’m not sure if I am making sense here because I am confusing myself right now :) I’ve been trying to find answers online but not very successfully so far.

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