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Muslim pharmacist denies "morning after" pill from woman
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10-17-2006, 06:03 AM
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Patgaepx
Join Date
Oct 2005
Posts
419
Senior Member
I don't think there is a place in Cali, in which a person is 12hrs or 72hrs away from a chain pharmacy or another pharmacy that is willing to sell the MAP. Course I've never been to Cali, so im just speculating.
Anyway, isn't the MAP about to become OTC.
If I found the right law, it isn't severe as it seems:
SECTION 1. Section 733 of the Business and Professions Code is
amended to read:
733. (a) No licentiate shall obstruct a patient in obtaining a
prescription drug or device that has been legally prescribed or
ordered for that patient. A violation of this section constitutes
unprofessional conduct by the licentiate and shall subject the
licentiate to disciplinary or administrative action by his or her
licensing agency.
(b) Notwithstanding any other provision of law, a licentiate shall
dispense drugs and devices, as described in subdivision (a) of
Section 4024, pursuant to a lawful order or prescription unless one
of the following circumstances exists:
(1) Based solely on the licentiate's professional training and
judgment, dispensing pursuant to the order or the prescription is
contrary to law, or the licentiate determines that the prescribed
drug or device would cause a harmful drug interaction or would
otherwise adversely affect the patient's medical condition.
(2) The prescription drug or device is not in stock. If an order,
other than an order described in Section 4019, or prescription cannot
be dispensed because the drug or device is not in stock, the
licentiate shall take one of the following actions:
(A) Immediately notify the patient and arrange for the drug or
device to be delivered to the site or directly to the patient in a
timely manner.
(B) Promptly transfer the prescription to another pharmacy known
to stock the prescription drug or device that is near enough to the
site from which the prescription or order is transferred, to ensure
the patient has timely access to the drug or device.
(C) Return the prescription to the patient and refer the patient.
The licentiate shall make a reasonable effort to refer the patient to
a pharmacy that stocks the prescription drug or device that is near
enough to the referring site to ensure that the patient has timely
access to the drug or device.
(3) The licentiate refuses on ethical, moral, or religious grounds
to dispense a drug or device pursuant to an order or prescription. A
licentiate may decline to dispense a prescription drug or device on
this basis only if the licentiate has previously notified his or her
employer, in writing, of the drug or class of drugs to which he or
she objects, and the licentiate's employer can, without creating
undue hardship, provide a reasonable accommodation of the licentiate'
s objection. The licentiate's employer shall establish protocols that
ensure that the patient has timely access to the prescribed drug or
device despite the licentiate's refusal to dispense the prescription
or order. For purposes of this section, "reasonable accommodation"
and "undue hardship" shall have the same meaning as applied to those
terms pursuant to subdivision (l) of Section 12940 of the Government
Code. So the pharmacy can just transfer the prescription to another pharmacy if it is close enough and just has to notify his/her employer that they refuse to sell the pill.
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