BlackShanglan
Silver-Tongued Papist
- Joined
- Jul 7, 2004
- Posts
- 16,888
Norajane said:The difference is that committing murder isn't legal. Prescription drugs are.
This is, I would point out, an opinion rather than a fact.
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Norajane said:The difference is that committing murder isn't legal. Prescription drugs are.
zeb1094 said:But the point is just as Colly says, the pharmacist is making the call. Whether the pharmacy desides to carry the pill(s) is another question that is not at issue here.
Does a Licensed Pharmacist have the right, even though the owner of the Pharmacy decides to stock the pill(s) in question and tells the Pharmacist to dispense said pill(s), too disregard a legally obtained prescription from a client of the Pharmacy?
SeaCat said:Damn but I hate this question. It raises too many flags for anyone to be comfortable with it.
We did have an interesting conversation on this in work not too long ago. The best comment about this was made by one of our doctors. He questioned the ethics of anyone who is liscenced to care for another person, (As are Pharmacists.) to with hold care or medication from another because of their moral values. Licensed Profesionals should not push their views or values on those under their care. That is not their job.
I can use Oncology as an example. If a woman shows up at the hospital in crises due to her Sickle Cell Anemia, (Yes this does for some reason fall under the heading of Oncology.) the doctors can't stop treatment for her crisies because she is pregnant. They may not like the fact that she is pregnant. (Many don't because of the possibility of transmitting the Sickle Cell Gene to another generation.) They may not like the fact that they will now have to use heavy pain killers, (Narcotics) when she is pregnant, and they will counsel her on this. But they still have to treat her or refer her to another doctor. They can't with hold treatment! (And yes Sickle Cell Crises does require Narcotics, as well as Blood Transfusions.)
In the same vein a doctor can't force a person who is not allowed by their religion to receive blood or blood pruducts to have a transfusion. Even if that is what is required to save their life. ( I have seen this on several occasions, one in which both the mother and the fetus died because of this.)
Cat
BlackShanglan said:This is, I would point out, an opinion rather than a fact.
BlackShanglan said:My point is that requiring all pharmacies to stock the drug would involve you enforcing your morals on someone else. Why would that be more right?
To the objecting pharmacist, you can substitute "right not to commit murder" for "right to have this drug," and all of the same complaints are valid. I'm not arguing that the buyer has no rights - only that requiring all pharmacies to stock this drug creates a conflict of rights situation, not a straightforward "one person exercising his/her rights without affecting anyone else" issue. I'm not saying that the buyer doesn't have rights, but forcing a pharmacy to stock the medicine involves someone else who also has rights.
Actually, that person was me! And I may have been mistaken. I do believe the FDA does say what they can stock but doesn't require them to stock anything.BlackShanglan said:Right, and I think I'm going to have to add this to each of my posts to clarify. Back in the early days of this thread, I said that I had no problem with sacking a pharmacist who did not do his/her job. I then went on to state that that situation would be fine to me so long as the pharmacy as a whole had the option not the stock the drug. Someone - who, I now forget - stated that s/he felt that was not an option. That's the issue I'm talking about - not the pharamacist being required to dispense the drugs his/her employer requires, but the possibility of the pharmacy as a whole being required to stock and dispense it.
Huckleman2000 said:Not really. A 'person' is pretty well defined in legal terms, even if abortion opponents keep trying to expand the definition.
Colleen Thomas said:No Shang, it's not the same. I cannot get my drugs on my own. I HAVE to go through a pahramcist. He or she is there by volition. If he or she dosen't like giving out a drug, they can go somewhere else. I, if I am poor and in a town like this one, have to hike over 30 miles to get to another pahrmacist. And where he or she chooses to be in the profession, I don't have any choice but to go to them if I need the drugs.
GWB can't force his morals on me without the approval of congess, and judical review. Your telling me my pharmacist can enforce his view on me without even having to stand for election?
zeb1094 said:Actually, that person was me! And I may have been mistaken. I do believe the FDA does say what they can stock but doesn't require them to stock anything.
It all depends on the Pharmacy whether they are going to stock the item.
BlackShanglan said:It is in fact quite the same. If a pharmacist who wishes not to supply the drug lives in a small town, s/he is as much at the mercy of the employer as you are, and faces the loss of his or her livelihood should that employer choose to supply the drug. That's the nature of individual rights. When they conflict, someone generally can't have his or her right. We can call it denying someone else's right, enforcing his or hers, or simply what it is: the inabilty of two rights to be exercised at the same time.
Again: the same argument works precisely as well for the other side. This is my point. When individual rights inflict, which they inevitably will, "I have a right to this" is not enough of an argument, because both sides are making it and making it with good reason.
Colleen Thomas said:You keep ignoring the fact that his or her right to oppose abortion is still his or her right. Outside their job, they can do whatever they like. Their job, however, is causing them the problem and they have the option of getting another job and or working somewhere else. I don't have any option to get my medicine.
If an army is encamped in a safe area and weapons and ammunition are stored in the armory and the unit is attacked, the soldiers have no choice, but to go to the armory to get the means to fight. If the guy behind the door at the armory happens to be a concientious objectorand refuses to open the door and distribute guns and ammunition, what happens? He enforces his morals and everybody dies.
It's the same deal. His job is to issue guns and ammo to the troops. If he can't bring himself to do that do to his religious or ethical views, he shouldn't be the guy with the keys to the armory. But the soldiers getting cut down for his beliefs didn't put him there, they are just paying the price so he can feel good about himself.
A truly moral or ethical person, wouldn't accept a job where the job description entails violating their moral or ethical code. that's the case here. This isn't s asurprise, they know full well when they choose to be Pharmacists that their job description is to dispense drugs. The risk is there that you might have to give posions to a Chemo patient, The 50 count of percoct you fill might be used by the patron to commit suicide, you might have to give out birth control pills, or morning after pills, Viagra. It's your job.
You are making his poor career choice my bad luck. And that's wrong Shang. You are giving him absolute power over my medial decisions, a power he has no expertise or authority to assume. In basis, you are minking his ethics my law. Because lawfully, I have to go through him to get my medication.
BlackShanglan said:Apologies in advance if this doesn't end up making much sense. It's been a long day, and looks to be a long night. But I think we're closer to agreeing with each other than might initially be clear, so I'll have a go at this.
I wasn't attempting to ignore the facts you state, but I think we've somehow missed each other on what I was talking about. I agreed earlier in the thread that no one should take a job that s/he doesn't want to do, and agreed that any pharmacist employed by a pharmacy that dispensed the drug needed to dispense it or find another job. In that we wholly agree. My argument, which is in an earlier post, but which I probably should have restated more frequently, is not that individual pharmacists should not have to do the jobs for which they were hired. They should. It was that an owner of the establishment - the person who stocks the drugs and decides what to sell - should not be compelled by the government to stock the drug, which someone else had suggested might be the case. That person, Zeb I believe, posted later to say that actually the government doesn't seem to require that. Given that it doesn't appear to be required, I have no objections to what appears to be the current situation. People who want to stick to their convictions can either open their own pharmacy or not be pharmacists; people who want the drug can go to a pharmacy that sells it, which the large chains are certain to.
Yes. Wholly in agreement here. My only point was that - as the government in fact recognizes - it's not right for the government to force someone to violate a principle as central and sacred as not killing. I'm given to understand - but I am certain that here you know better than I do - that the government recognizes this by placing drafted conscientious objectors in non-combat positions, although I gather that they scrutinize such claims fairly closely in times of war. That's all I'm saying here - that the fairest way to deal with this to say that if someone volunteers to be in that position, s/he should do the job, but that it's best for the government not to force someone into that position if it's avoidable.
I agree that this would be very wrong, but I promise sincerely that it's not what I'm saying. My point was not that an individual pharmacist should not be required to do his/her job, but that the owner of an establishment should not be required by the government to stock the drug. While I recognize that that could theoretically lead to similar conflicts in a one-store town, I'd suggest that that's unlikely given that the big chains own nearly all of the small-town stores. Yes, it's conceivable that there are towns where they don't, and that in one of those towns someone might choose not to stock the drug. However, I think that by that point we're at a conflict of rights in which the only fair compromise is the one generally enacted by the capitalist marketplace; I'm free to sell and you're free not to buy, and I'm free to buy and you're free not to sell. We all have basic requirements - food, shelter, clothing - but there is no law compelling any owner of a business to sell us those things, and that I think is as it should be.
Shanglan
Hey, I live there!SelenaKittyn said:just an aside... Illinois is very conservative about a LOT of things... between this and their homeschooling and homebirthing laws, you couldn't pay me to live there...![]()
Colleen Thomas said:Okies. I see what you are saying now. I would agree no one should be forced into stocking a drug at their drug store.
I thought you were saying a pharmacist should have the right not to fill my script, despite having the drug on hand, because it conflicted with their morals.
Mea Cupla for not carefully back reading. the misinterpretation was no fault of your own, that one is all on me.
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BlackShanglan said:Interesting addendum. Evidently the right of the pharamacist to choose what to stock is in legal limbo:
http://www.cnn.com/2006/LAW/02/01/walmart.contraception.ap/index.html
And as the Wally world spokesman said, once the attorney general provides an interpitation of the law, they will comply if required.Colleen Thomas said:I know it's not exactly the same, but Kroger food stores are unionized. Mississippi is a right tow rok state. When Kroger came tomississippi, they tried to enforce a closed shop. The state courts decided rather swiftly that their corporate policy was not protection from state law and they eithr had to get rid of their closed shop policy or cese operations in the state.
If Mass. Law requires you to stock something, I don't think your corporate policy is going to be much of a shield.
zeb1094 said:And as the Wally world spokesman said, once the attorney general provides an interpitation of the law, they will comply if required.
Not even a judge, Colly, butColleen Thomas said:Yeppers. I suppose in this case, it's all going to come down to what the judge finds to be commonly prescribed and for the general use of the community.
He added that Wal-Mart would formally request clarification of the state regulation from Massachusetts Attorney General Tom Reilly or the state's Board of Pharmacy.
Colleen Thomas said:I know it's not exactly the same, but Kroger food stores are unionized. Mississippi is a right tow rok state. When Kroger came tomississippi, they tried to enforce a closed shop. The state courts decided rather swiftly that their corporate policy was not protection from state law and they eithr had to get rid of their closed shop policy or cese operations in the state.
If Mass. Law requires you to stock something, I don't think your corporate policy is going to be much of a shield.
amicus said:Not that it matters...but I am uncertain as to the necessity of Pharmacists at all.
Since I believe government has no 'right' to determine some substances are banned, restricted, controlled, et cetera.
I tend to see Pharmacists as I did the Railroad Unions keeping Brakemen and Coal Shovelers on trains just to preserve their jobs when the work was no longer needed.
Someone mentioned a Compounding Pharmacist, but I mainly see them counting tablets from a large container to a small one.
I think this concept also widens into the area of socialized medicine, aka, Canada, where government determines not only what medical procedures will be performed by doctors, but they also dictate which medicines can be prescribed and payed for by the plan.
Politics and abortion aside, can anyone offer justification for the existence of Pharmacists? Or is it just that the law requires prescriptions to be filled by a trained person? And if that is the case, why can it not be done on a large scale basis at the manufacturer?
In other words, I am saying that I think it is possible that Pharmacists are just un needed middle men that raise the cost of prescription medicines.
amicus...