Stormans and the Pharmacists: Where Have All the Conscientious Rx Gone?
Jason R. Mau, 114 Penn St. L. Rev. 293 (2009)
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This Comment will focus on the current debate and current state of protection for a pharmacist’s right of conscience when dealing with emergency contraceptives. Initially, this Comment will provide a backdrop for the current debate, describing court findings in the recent cases. This Comment will also introduce the drafting of the proposed rule, and filing of the final rule, by the Department of Health and Human Resources. Next, this Comment will analyze the current situation, looking at the current positions of both those opposed to, and in support of, a pharmacist’s right of conscience, and the protections afforded by the current proceedings. Included in the analysis will be an examination of the Department of Health and Human Resources’ criticisms. Finally, the Comment will consider whether the recent regulation will provide any additional protection to the federal case law currently recognizing a pharmacist’s right of conscience.
