An Essential Prescription: Why Pharmacist-Inclusive Conscience Clauses are Necessary

Brian P Knestout

Journal of Contemporary Health Law and Policy
Journal of Contemporary Health Law and Policy

Extract
Conclusion

. . . The only solution to this dilemma may be the solution that the APhA suggested, namely, to endorse a conscience clause, but simultaneously require pharmacists to refer a valid prescription to another service provider. Those members of the profession who bear the burden of this course of action are those who believe that a referral is equivalent to the act itself. However, such a view safeguards most of the ethical goals of pharmacists while simultaneously serving the public need for effective provision of legally prescribed drugs.


Knestout BP. An Essential Prescription: Why Pharmacist-Inclusive Conscience Clauses are Necessary. J Contemp Health Law Pol. 2006 Spring;22(2):349-382.

(Editorial) The sacred and the secular: the life and death of Terri Schiavo

CMAJ

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
. . . In medical and legal opinion, Terri Schiavo’s cognizance of her self and her life ended in 1990, when she suffered a cardiac arrhythmia and massive cerebral cortical encephalopathy that left her in a persistent vegetative state. Her facial expressions, along with a seemingly “normal” sleep–wake cycle, constituted but one dimension of the cruelty of this condition. . .

. . .More than one commentator has viewed the “right- to-life” fight to prolong Schiavo’s pitiable existence as an anti-abortion campaign “by other means.” . . .

. . . there seems little doubt that, in North America, ideology and religion have begun to seriously distort the type of consensus-building that is the proper business of democratic politics . . .

Where do physicians find themselves in such debates? Medicine is a secular and scientific profession that, for all that, must still contend with the sacred matters of birth, life and death. In practice, physicians must set aside their own beliefs in deference to the moral autonomy of each patient — or else transfer that patient’s care to someone who can meet this secular ethic. . .

. . .The emotionalism and rancour that swirled around the Schiavo case underscores a wider societal duty borne by the medical and scientific community. This is to remain alert to political and legislative tendencies that impose imprecise moral generalizations on the majority, at the expense of reason, scientific understanding and, not infrequently, compassion.


CMAJ. (Editorial) The sacred and the secular: the life and death of Terri Schiavo. Can. Med. Assoc. J.. 2005 Apr 26;172(9):1151.

Ecumenism and Abortion: A Case Study of Pluralism, Privatization and Public Conscience

James Kelly

Review of Religious Research
Review of Religious Research

Abstract
This paper uses the Churches’ responses to the controversy over abortion as a measure of the internalization of ecumenism. The data used in the essay include interviews with ecumenical officers and the minutes of the American Bishops Pro-life Committee. The main conclusion is that during the controversy “mainstream” Protestantism and Roman Catholicism reverted to post-Reformation and pre-Vatican II ideological roles, with Catholicism opposing under the banner of objective moral truth the legalization of abortion and liberal Protestantism under the banner of subjective conscience providing a belated religious justification to the legalization promoted first by secularist activists. This reversal to historic ideological roles actually distorted the more nuanced positions of these Churches in the controversy, but the lack of an ecumenical context obscured these shared tensions and prevented the Churches from contributing to a better public structuring of the moral ambiguities most Americans felt and still experience about abortion and the extent of its legalization. The essay concludes that only in an ecumenical context can religious pluralism lead to more inclusive moral commitments rather than to a further privatization of religion.


Kelly J. Ecumenism and Abortion: A Case Study of Pluralism, Privatization and Public Conscience. Rev Relig Res. 1989 Mar;30(3):225-235.