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Judge Upholds Pharmacist’s Fine, Sanction for Failing to Fill Birth-Control Prescription

Ordered to pay $20,000 to pharmacy board towards costs of proceedings

By Terry Vanderheyden

BARRON, Wisconsin, February 9, 2006 (LifeSiteNews.com) – A Wisconsin pharmacist who contested sanctions and a fine he received in 2004 for failing to dispense the abortifacient birth-control-pill has had the sanction against him upheld by a local judge.

Barron County Circuit Judge James Babler upheld a state Pharmacy Examining Board fine and sanctions imposed on pharmacist Neil Noesen, who in 2002 refused to fill a prescription for oral contraceptives on the grounds that to do so was in violation of his religious principles. Noesen, who worked at a K-Mart pharmacy in Menomonie, was fined $250 by his board, which also set limits on his license to practice as a pharmacist.

Noesen had appealed the ruling that ordered him to attend ethics classes, but which allowed him to retain his license with the condition that he forewarns all employers in writing that he will refuse to dispense the pill. The conditions also ordered Noesen to outline steps he would take to ensure patients have access to the abortifacient.

Noesen was also ordered to pay $20,000 to the pharmacy board towards the costs of the proceedings.

LifeSiteNews.com reported in May 2004 that a woman had filed a complaint of unprofessional conduct against Noesen with the Wisconsin Department of Regulation and Licensing. Noesen refused to accept a settlement fine of US $250 and contested the charge.

Kmart has a history of firing conscientious pharmacists for refusing to dispense abortifacients. Karen L. Brauer, a Cincinnati area pharmacist was fired by Kmart in 1996 for the same reason.

In 2003, Wisconsin bill 63 was introduced to protect against, “employment discrimination based on creed and exemption from liability and discipline for pharmacists who refuse to dispense for abortions, assisted suicides, and euthanasia.” Noesen testified in the Wisconsin legislature, “We first have the duty to do no harm. Then, the duty to do good. It (is) unethical to force (medical) practitioners to participate in cooperation with abortions, assisted suicides, and euthanasia.”

See related LifeSiteNews.com coverage:
Pharmacist Charged for Failing to Fill Prescription for Abortifacient Birth-Control Pill
http://www.lifesitenews.com/ldn/2004/oct/04101304.html
Christian Pharmacist Still Fighting Charge of Unprofessional Conduct over Contraceptives
http://www.lifesitenews.com/ldn/2004/sep/04092904.html
Wisconsin Files Complaint Against Pharmacist For Refusing Abortifacient Prescription
http://www.lifesitenews.com/ldn/2004/mar/04031608.html
Wisconsin Judge Wants Punishment for Catholic Pharmacist
http://www.lifesitenews.com/ldn/2005/mar/05030209.html

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