Posted on 07/09/2009 1:42:00 PM PDT by wagglebee
A federal case involving a pharmacy refusing to dispense Plan B–aka the “morning after pill”–based on religious objection also has disturbing implications for assisted suicide in that state. A three panel Court of Appeals panel reversed an injunction and sent the case back to the trial court for further consideration. But in finding that Washington regulations requiring pharmacists to carry and dispense all legal drugs and medications is a rule of general applicability–thus precluding religious conscience-based exemptions–it also means that all pharmacists in the state must dispense death to terminally ill patients in Washington who receive lethal prescriptions. From the case Stormans v. Salecky:
The new rules do not aim to suppress, target, or single out in any way the practice of any religion because of its religious content. Though the procedural posture presents a sparse record, that record sufficiently reflects that the object of the rules was to ensure safe and timely patient access to lawful and lawfully prescribed medications…
That the new rules prohibit all improper reasons for refusal to dispense medication—permitting only refusals for reasons enumerated in the narrow class of exemptions—suggests that the purpose of the new rules was not to eliminate religious objections to delivery of lawful medicines, but to eliminate all objections that do not ensure patient health, safety, and access to medication. Thus, the rules do not target practices because of their religious motivation.
Ah, you say, “But Wesley: Under the Washington assisted suicide law, “providers” are not required to “participate.” True, but the law does a tricky thing. It narrowly defines the meaning of participation so that it does not include dispensing the drugs. From 2(d)(ii) of RCW 70.245.190, the immunities section of the assisted suicide law:
“Participate in chapter 1, Laws of 2009″ means to perform the duties of an attending physician under RCW 70.245.040, the consulting physician function under RCW 70.245.050, or the counseling function under RCW 70.245.060.
Oops. That very narrow definition trickily takes away the non participation protection from pharmacists, since to “participate” only means to perform the duties of the attending (prescribing) physician, the consulting physician, or the mental health professional who consults in the case. It does not mean dispensing the lethal prescription or filling out the forms required of pharmacists.
Thus, under the reasoning of the court ruling, not only will pharmacists in WA have to dispense an overdose to patients knowing it is intended for use in suicide, even if they have a religious objection, but they will also have to perform the required bureaucratic functions. Ironically, one professional role pharmacists are supposed to play–which is why they do far more than merely count pills into bottles–is to protect patients from receiving prescriptions that could conflict with other prescribed drugs, resulting in their deaths.
No one should have to participate in the intentional killing of a human being. The law must be changed to exempt pharmacists from participating in assisted suicide–in essence a conscience clause. Otherwise, pharmacists who don’t want the figurative blood of suicidal patients on their own hands will be forced to leave the profession, or at least, leave the state. Of course, that is precisely what assisted suicide advocates would like.
Zero and the culture of death simply don't care.
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So much for a “conscience clause”. Our black-gowned masters have spoken.
Is there no one left to slap these people back to reality? One by one, day by day, case by case we see our beliefs being taken apart by a federal judiciary that has grown far too big for its britches. Is it because I am getting old and impatient or are they really just running rough shod over us with the attitude that there’s nothing we can do about it?
The ninth circus rides again. They are the Ku Ku Klan of courts.
These are the same idiots who presided over the moratorium on the death penalty because it was cruel and “unusual” punishment. Go figure.
Druggists have telephones, haven’t they? Call around and refuse!
“are they really just running rough shod over us with the attitude that there’s nothing we can do about it?”
Yes.
What if pharmacists priced the pill at, say, 10,000 per dose? Pharmacies can still charge what they want, right? (at least for now) Morning after mommies would then just go to a democrat pharmacy. They aren’t obligated to file insurance which would provide a standard reimbursement. Am I off base here?
what a stupid rule... how about pizza hut sell Diet Dr.Pepper or go out of business...
I heard that a court in Canada told a preacher to stop giving his opinion on homosexuality FOREVER....
But there could be another group of "masters" to be heard from.And that group disagrees with the group from the 9th Circus with gratifying regularity.
Pharmacists should be protected under the provisions of the same state law,
Section 010
http://apps.leg.wa.gov/RCW/default.aspx?cite=70.245.010
and
Section 190
http://apps.leg.wa.gov/RCW/default.aspx?cite=70.245.190
Don't worry. That's coming.
Washington State Ping
Pharmacists don’t really dispense assisted suicide, anyway. All they do is fill prescriptions for narcotics that are ordered by a doctor. Someone who is on their death bed, waiting to be killed, is not going down to the local pharmacy for the medication.
I was afraid that was what it was. You know, we've tried all sorts of things from tea parties to jamming their phone lines, mail boxes and email servers but we don't seem to be getting their attention. It's time for a different tact. Like maybe going all out to make Sarah our leader pro tempore and really give ‘em something to fret about.
In every military campaign there comes a time when one side or the other pulls out all the stops and goes after the other side full bore. I have the feeling that's where we are in the liberals (socialists) war to take America away from its founding principles. I convinced more than ever that with Obama we see only the tip of the iceberg. I honestly think he is a useful idiot, his strings being pulled by those behind the scenes using him to accomplish their goals. His huge ego would make him easy prey for those who want to use him to facilitate their take over. Whether by chance or design they have managed to line up those who follow him in the order of succession a couple of people who would have absolutely no idea how to run the country.
A pharmacist will be involved in these suicides. Not a Walgreens or CVS, but a pharmacist, nonetheless. And he should have a right to refuse to help kill someone intentionally.
A bar can be sued if a bartender serves one too many drinks to a customer who then gets involved in an accident.
A pharmacist can be sued if they refuse to fulfill a prescription that will kill their customer.
Gotta love this country.
The 9th Jerkit Court of Schlemiels strikes again.
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