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To: Sthitch
No, no more than a doctor can refuse to treat an emergency patient who has committed a crime, is an unlawful drug user, or is in a profession or occupation the doctor finds abhorent or with which he/she might otherwise disagree. The Rx seller can no more do that than can a lawyer refuse a court appointment to represent an indigent person charged with a crime--absent some legal vis-a-vis moral objection (eg: such as a legally recognizable conflict of interest or direct financial interest in the matter or the possibility that the lawyer may become a fact witness). Persons who obtain a professional status in postitions that are subject to governmental regulation (ie: doctor, pharmacist, lawyer,nurse, etc) agree by the obtaining of their license to cede certain of their subjective determinations to serve an identifiable segment of the population.

The licensed professions receive that ticket to practice as a matter of grace from the state only upon a showing having completed the academic and apptitude to serve the public. These types of licenses are difficult to obtain and subjects to holder to all reasonable regulatory impositions of the state.

It is not the same as a plumber or carpenter or any other honorable vocation or occupation paying a revenue raising tax in order to pursue their occupations. Any one of these latter persons engaged in these honorable occupations may choose to serve or not serve any would-be customer for any reason sufficient unto themselves--or for no reason at all.

For example, a physician cannot refuse to treat a person because of race, religion or politics. The same applies by analogy to this pharmacist, he cannot subjectively choose to refuse filling a lawful prescription presented to him solely because he disagrees with the diagnostic or theraputic use for which the physician prescribed the drug. If he is holding himself out to the public with the state's blessing that he is a qualified person to dispense controlled medication upon the presentation of a lawful order of a licensed physician, he can choose either one of the following options: he can not carry the objectionable Rx as part of his inventory, or in the alternative, he can surrender his license and find another vocation. But, he cannot carry the objectionable drug and refuse to perform his obligation to serve the public.

109 posted on 04/02/2005 11:51:05 AM PST by middie
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To: middie
Don't you imagine the background issue is really one of liability? Illinois has a real problem. Doctors are actually fleeing the state. Pharmacists might well be electing to not dispense any drug which has a certain death or injury rate, which is a problem with some of the "morning after" concoctions.

The Governor of Illinois has demonstrated repeatedly that he does not wish to disturb the medical liability lawsuit situation.

It's not likely that he's going to be able to get around it with the issuance of Executive Orders.

121 posted on 04/02/2005 1:34:48 PM PST by muawiyah
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