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And I think that the reasonable court decision will be that there is no need to compel every pharmacy to provide medicines which the pharmacy owner or operator has a moral conviction against, but that the pharmacist must make the medical community as well as his customers aware of his decision not to provide certain medications (he shouldn't have to explain why), and that it will then be up to the medical providers or the community to find a way to meet the needs of the citizens.
This is also a reasonable outcome.
Quote:
Originally Posted by DC at the Ridge
If that means that the community passes ordinances compelling the pharmacist then it will be up to the pharmacist to adapt or move on.
This will lead to court challenges all the way up to the Supreme Court and the likelihood of a favorable Supreme Court decision for the community is slim to none.
Then I would support the company if they fired the pharmacist. Actually, I will take it one further by saying that the company should have had a second pharmacist working alongside that has no objections to dispensing the birth control if they knew of the other pharmacists convictions. Either way, they shouldn't have hired him in the first place and he should know that if he does want to work there, he will have to do it by the company's rules.
I agree with you 100% there. If there are 2 people available to fill the script, and one declines, yet there is someone else there who can, I have no problem at all with that. As long as a woman is not denied access to the medication - no issue with someone stepping aside due to personal beliefs (as long as they keep it to themselves)
I do not need the medications being specifically mentioned here. But, I have encountered a couple of small, non "chain" related pharmacies that do not carry each and every medication available - it simply is not financially feasible to do so.
What they have done though, is to find other pharmacies in their area that do carry those medications and, if a customer comes in needing one of them, they will refer the customer to the other pharmacy - often calling the other pharmacy to give them a "heads up" that this customer is coming over and what they need.
I do not need the medications being specifically mentioned here. But, I have encountered a couple of small, non "chain" related pharmacies that do not carry each and every medication available - it simply is not financially feasible to do so.
What they have done though, is to find other pharmacies in their area that do carry those medications and, if a customer comes in needing one of them, they will refer the customer to the other pharmacy - often calling the other pharmacy to give them a "heads up" that this customer is coming over and what they need.
Simple. Easy. Customer Service provided.
Yes, I remember when my dd needed a special type of formula (non dairy, non soy based) my local Walgreens didn't have it. They called around until they found one that did and had it in stock.
It was a pain, as I had a screaming four week old in the car with me at the time ---- perhaps I should have sued.
I do not need the medications being specifically mentioned here. But, I have encountered a couple of small, non "chain" related pharmacies that do not carry each and every medication available - it simply is not financially feasible to do so.
What they have done though, is to find other pharmacies in their area that do carry those medications and, if a customer comes in needing one of them, they will refer the customer to the other pharmacy - often calling the other pharmacy to give them a "heads up" that this customer is coming over and what they need.
Simple. Easy. Customer Service provided.
Agreed. I would add that if a state or federal agency were to go to the time and expense of compiling a thorough list of which pharmacies sell which particular medicines, I think it would be reasonable to require pharmacies to keep that information on hand for customers.
My big sticking point is any sort of government regulation that requires a certain business owner to engage in any kind of behavior that can be accounted for in terms of dollars and cents. Requiring pharmacies to provide such information or to inform the community of what they do and do not carry cannot be considered such.
This will lead to court challenges all the way up to the Supreme Court and the likelihood of a favorable Supreme Court decision for the community is slim to none.
That's assuming the Supreme Court is willing to hear it. And I don't think that the current court would be that unfavorable to leaving resolution of situations like these in the hands of the local community.
Agreed. I would add that if a state or federal agency were to go to the time and expense of compiling a thorough list of which pharmacies sell which particular medicines, I think it would be reasonable to require pharmacies to keep that information on hand for customers.
Inasmuch as they, the pharmacies, stock controlled substances, the "list" you suggest, is already done.
That's assuming the Supreme Court is willing to hear it. And I don't think that the current court would be that unfavorable to leaving resolution of situations like these in the hands of the local community.
I guess it would depend on which courts below them heard the case, what the decisions were and how good the lawyers are for each side.
Most of them have access to other pharmacies, but not all. I know a woman who lives on my block, 2 kids, no car, no phone, certainly no computer or internet in her home. She walks to the two minimum-wage jobs she has to make ends meet. Do you think if the pharmacist in town (only one pharmacist, town only has a population of 2300) decides not to provide her with her prescriptions that she should hitchhike between shifts to the nearest town to get her medicine?
In a town of 2300 she knows noone with a car?
I am surrounded by small towns. Almost everyone I know grew up in a small town. Cars are everywhere. Small town kids go to the nearest bigger town/city to party, shop, see movies etc. Small town kids will not go the local privately owned pharmacy ala the one in "Its a Wonderful Life" to get their bc pills or condoms and certainly not plan B --- because to do so will alert the whole town of their business (not that the whole town doesn't know anyway, but..).
I'm sorry, it would be a pain. But it is not impossible. Not even for a single mom of two working two part time jobs with no car.
I guess it would depend on which courts below them heard the case, what the decisions were and how good the lawyers are for each side.
You're right, and it should be noted that the courts, especially the lower courts, reflect their constituency's social views. Courts in conservative areas tend to rule on the conservative side, courts in more liberal states tend to decide in favor of more liberal arguments. But my scenario is also that there isn't any reasonable alternative for the customer to get their prescription filled elsewhere. And as Greatday and several others have pointed out, that's a rare circumstance.
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