Planned Parenthood of Wisconsin

FACT SHEET

 

Neil Noesen Disciplinary Hearing

 

Planned Parenthood of Wisconsin applauds the independent decision by an Administrative Law Judge’s (ALJ) in the Neil Noesen’s disciplinary hearing. 

 

The ALJ found that Noesen violated his legal and ethical duties to a patient by refusing to fill or transfer her valid prescription for birth control pills.

 

·         The ALJ determined that Noesen substantially departed from the recognized standard of care when he refused to fill a legal prescription for birth control pills.

 

·         The ALJ found that this departure from ordinary care could have resulted in harm to the patient and that Noesen failed to consider the risks to the patient as a result of his refusal to fill her prescription.

 

·         Refusing to fill a prescription is a form of patient abandonment that is unacceptable in the delivery of medical services.   This decision recognizes the patient-centered approach to health care that we should expect from our providers. 

 

 

The Noesen decision supports a patient’s right to access legally prescribed medications.

 

 

Planned Parenthood opposes two bills that are currently circulating in the state legislature, which would legalize the type of patient abandonment Noesen demonstrated. 

 

·         The Patient Abandonment Bill, introduced last session as AB 67, allows health care providers, including pharmacists, to deny women access to health care based on their own personal objections.  This bill:

 

o        Protects health care professionals who refuse to provide patients certain medical information, refuse to participate in certain activities, or refuse to provide any assistance to patients in accessing medical care;

 

o        Allows health care providers to elevate personal beliefs above patient care, which endangers patient health; and

 

o        Intends to deny women access to birth control.  We know that denial of birth control will be a consequence of this bill because Noesen testified at his hearing that the basis of his refusal to dispense birth control pills was this legislation (then AB 67).

 

·         The Prescription Denial Bill allows a pharmacist to refuse to dispense any legally prescribed medication that he or she believes would be used to 1) cause an abortion; or 2) cause the death of any person.  This bill would:

 

o                  Protect a pharmacist like Noesen who refuses to fill legally prescribed medication based on a personal objection; 

 

o                  Support pharmacists who abandon their patients and leave them with no access to legally prescribed medications, even in life or death situations.

 

Planned Parenthood supports legislation called the Patient Protection Act, which would explicitly codify a pharmacist’s duty to dispense legally prescribed medications. 

 

·         The Patient Protection Act ensures that the delivery of health care services will not be compromised by the discrimination that occurs when pharmacists refuse to dispense legally prescribed medications based on a personal objection to the prescription.

 

·         The Patient Protection Act strengthens existing Wisconsin patient protection law and ensures that patients will not be abandoned by pharmacists seeking to elevate personal beliefs above patient care.