Should Pharmacists' Moral Codes Trump Professional Duties?

May 3, 2005 — -- Every pharmacist in the U.S. takes an oath to make "the welfare of humanity and relief of human suffering" their primary concern. Apparently, the "welfare of humanity" has different meanings to different pharmacists.

In several recent incidents, pharmacists have refused to fill prescriptions for birth control pills or "morning-after" pills, citing conflicts with their religious beliefs. Now, legal wrangling at the state and federal level is focused on the question of whether pharmacists' personal moral codes should trump their professional duties.

In the most recent example, two Illinois pharmacists have a preliminary court hearing today in an attempt to halt an emergency rule by Gov. Rod Blagojevich requiring pharmacies that stock the morning-after pill to dispense it "without delay."

Their lawyer says the issue is one of religious freedom.

"Prior to the rule, their employer respected their choice not to dispense medications that violate their religious beliefs," said Frank Manion of the American Center for Law and Justice, a conservative legal group. "There's nothing in this rule that allows employers to accommodate employees' religious beliefs."

The controversy leaves pharmacists defending their need for autonomy and places them at the center of the abortion debate.

While many agree that legally prescribed and clinically viable prescriptions should be filled regardless of personal religious stances, they are wary of laws that would require them to dispense. To some, a legal mandate would turn them into nothing more than prescription vending machines.

"You don't need a pharmacist at all if you're going to just require them to dispense medications. That takes away their clinical role," said Susan Winckler, vice president of policy and communications for the America Pharmacists Association, which counts about 200,000 pharmacists as members.

The pharmacy industry does not police ethical behavior, and state agencies enforce legal infractions. The consequences for refusing to dispense medicine are often murky, and many states are trying to clarify the issue.