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Saturday, February 25, 2012

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Comments

Bill Fleming

Don't we already have a law like this in SD?

Ken Blanchard

Bill:

36-11-70. Refusal to dispense medication. No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:
(1) Cause an abortion; or
(2) Destroy an unborn child as defined in subdivision 22-1-2(50A); or
(3) Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.
No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist.

Source: SL 1998, ch 226, § 1.

Mark Anderson

I would just hope the doctor treating me at an emergency clinic after an accident wouldn't be a Jehovah's Witness. How far do you want to go with all this religious crap, Ken? Especially if you live in a rural area as you do. After all Reagan was lucky his doctor was Republican.

Ken Blanchard

Mark: I would go at least as far as James Madison. He wanted to protect the liberty even of persons that Mark Anderson despises.

As for your scenario, I dearly hope you don't need emergency care any time soon; but if you do, I rather hope you aren't there for an abortion.

larry kurtz

Liberty includes self-medication: the greatest problem for christian pharmics. South Dakota is already a chemical toilet for obese white people. Let them eat Skelaxin.

Dave

I have a moral and religious objection to people who accept jobs they are unwilling to do...

These folks work for CVS and Walgreens! Should a Boing employee have the same exemption from work because they are building bombers? How 'bout a Scientologist health care worker?

Ken Blanchard

Dave: you confuse public with private obligations. A pharmacy can refuse to hire or maintain a worker if he fails to obey company policy in these matters, as can Boeing. No one is saying otherwise.

The issue here is whether government can allow a pharmacy or pharmacist to refuse to stock or dispense a legal medicine for virtually any reason except a conscientious religious objection. Government cannot do that, without falling afoul of the Free Exercise Clause.

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