Pharmacists' Right to Refuse to Dispense Prescriptions Based on Moral Grounds: A Summary of State Laws and Regulations

Abstract

Although most states have laws that explicitly allow physicians to refuse to provide certain medical services, the policies pertaining to pharmacists are less clear. The purpose of this report is to determine which states have laws or regulations that address a pharmacist's right to refuse to dispense prescriptions based on moral grounds. Fifty Boards of Pharmacy were contacted via phone or E-mail regarding regulations as well as active or pending legislation. Information was also solicited from various state Governors' legislative offices and Web sites. Typically, individual state practice codes allow pharmacists to refuse to fill a prescription if in their professional judgment the prescription is outside the scope of practice of the prescriber; if the validity of the prescription is in question; or to protect the health and welfare of the patient. Only five states have a “conscience clause” that allows a pharmacist to refuse to fill or refill certain prescriptions, which he or she finds morally objectionable: Arkansas (contraceptives only), California, Georgia, Mississippi, and South Dakota (abortifacients and assisted suicide only). In contrast, Illinois, Massachusetts, North Carolina, and Pennsylvania have an emergency rule or regulation, which states or implies that all legal prescriptions must be dispensed or transferred. Seventeen states considered proposed bills during their respective 2005 legislative session The rights of pharmacists to refuse to dispense certain prescriptions vary widely from state to state. The protection provided to an individual pharmacist may be very broad or very specific depending on the wording of the statute or regulation.

Conscientious Objection: A Review of State Pharmacy Laws and Regulations

“…A 2006 summary published in Hospital Pharmacy cited only 5 states had conscience clauses with many others, at the time, considering its incorporation. 3 Professional organizations within pharmacy support conscientious objection. The American Society of Health System Pharmacists (ASHP) "recognizes the right of pharmacists, as health care providers, and other pharmacy employees to decline to participate in therapies they consider to be morally, religiously, or ethically troubling [and] supports the proactive establishment of timely and convenient systems by pharmacists and their employers that protect the patient's right to obtain legally prescribed and medically indicated treatments while reasonably accommodating in a nonpunitive manner the right of conscience."…”

“…A 2006 summary published in Hospital Pharmacy cited only 5 states had conscience clauses with many others, at the time, considering its incorporation. 3…”