Conscientious Objectors Behind the Counter: Statutory Defenses to Tort Liability for Failure to Dispense Contraceptives

Jennifer E. Spreng

Journal of Health Law & Policy
Journal of Health Law & Policy

Extract
Conclusion

Pharmacists are already involved in litigation over conscience clauses; it is probably only a matter of time before a woman sues a pharmacist for wrongful conception. Changes in the pharmacy profession and correlative tort duties mean a common law or statutory duty to dispense or sell emergency or daily oral contraceptives is not outside the realm of possibility. Many religious pharmacists have compelling reasons to refuse to sell, but federal Free Exercise protections are currently uncertain. State statutory conscience clauses offer some protection and do not violate the Establishment Clause. Therefore, more states should not hesitate to provide
this protection to all healthcare providers.


Spreng JE. Conscientious Objectors Behind the Counter: Statutory Defenses to Tort Liability for Failure to Dispense Contraceptives. 1 St. Louis U. J. Health L. & Pol’y 337, 337-40 (2008)

(New) “Abortion pill” use

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
Three years after the US government approved mifepristone (Mifeprex or RU-486), use of the so-called “abortion pill” has increased 70%. . . . Mifepristone, a progesterone blocker, induces abortion in women who are up to 8 weeks pregnant.


Sibbald B. “Abortion pill” use. Can Med Assoc J. 2004 Sep 28;171(7):718.

(News) “Abortion pill” use doubles

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
Two years after the US government approved the use of mifepristone (RU-486), the “abortion pill’s” popularity has nearly doubled. . . . Mifepristone, a progesterone blocker, induces abortion in women who are up to 8 weeks’ pregnant.


Sibbald B. News@a glance: “Abortion pill” use doubles. Can Med Assoc J. 2003 Aug 19;169(4):330.

(News) Popularity of “abortion pill” grows in US

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
The number of prescriptions issued for mifepristone (RU-486), the “abortion pill” introduced in the US 2 years ago, is increasing more rapidly than expected, the Planned Parenthood Federation of America (PPFA) says. . . The PPFA says the success of the new method is important because “the lack of abortion providers is an acute problem in the United States.”.


Sibbald B. Popularity of “abortion pill” grows in US. Can Med Assoc J. 2003 Jan 21;168(2):211.

Effect of mifepristone and levonorgestrel on expression of steroid receptors in the human Fallopian tube

A Christow, X Sun, K Gemzell-Danielsson

Molecular Human Reproduction
Molecular Human Reproduction

Abstract
It is likely that mifepristone or levonorgestrel in the future will find extended use for contraceptive purposes. It is therefore essential to characterize the modes of action of these compounds. To assess the effect on the human Fallopian tube, 24 women with regular menstrual cycles and proven fertility, admitted to the hospital for voluntary sterilization by laparoscopic technique, were randomly allocated to a control or one of two treatment groups. Treatments were given with either a single dose of 200 mg mifepristone or 0.75 mg levonorgestrel in two doses 12 h apart, on day LH2. Surgery was performed on day LH4 to LH6. Steroid receptor expression was analysed by immunohistochemistry, Western blot and RT-PCR. In the controls, there was a higher concentration of progesterone receptors in the stromal cells in the isthmic region than in those in the ampullar region. Treatment with mifepristone increased the progesterone receptor concentration in epithelial and stromal cells and increased the estrogen receptor concentration in epithelial cells. No effect on steroid receptor concentration was found following levonorgestrel. The contraceptive effect of post-ovulatory mifepristone has previously been considered to be dependent on an effect on the endometrium. However an effect on the Fallopian tube could contribute to alter the peri-implantation milieu influencing fertilization and embryo development.


Christow A, Sun X, Gemzell-Danielsson K. Effect of mifepristone and levonorgestrel on expression of steroid receptors in the human Fallopian tube. Mol Hum Reprod. 2002 April 01;8(4):333-340.

(News) Will Canada follow US lead on RU486?

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
After 17 years of debate, mifepristone (RU 486), the controversial pill that induces early abortion, is for sale in the US. The drug’s Canadian proponents hope this country will soon follow suit. . . . The SOGC passed a resolution in 1992 supporting the “legal availability” of antiprogesterone steroids such as mifepristone in order to give “Canadian women access to treatment of proven efficacy.” Lalonde says withholding approval is an “insult to women — they’re being treated like babies, being refused access to this and that when it comes to their health.” Not everyone is as enthusiastic. Mary Ellen Douglas, national organizer for Canada’s Campaign Life Coalition (www.lifesite.net), told CMAJ: “The result of taking this pill is a dead baby, and that’s certainly not a drug we need here.”


Sibbald B. Will Canada follow US lead on RU486?. Can Med Assoc J. 2001 Jan 09;164(1):82.

(News) FDA considering restricted access to “abortion pill”

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
Mifepristone, the controversial “abortion pill,” may soon be available in the US, but the distribution rules may be so strict that they “hurt access.”. . . Mifepristone has been available to women in many European countries for more than a decade. More than 500 000 women worldwide have used it, with few complications reported. When taken with misoprostol, which has already been approved in Canada, mifepristone causes abortion – in essence a miscarriage – in 95% of women who are no more than 49 days pregnant.


Sibbald B. FDA considering restricted access to “abortion pill”. Can Med Assoc J. 2000 Sep 5;163(5):586.