Freedom of Conscience Protected in Virginia

American Center for Law and Justice

Edward White

The American Center for Law & Justice (ACLJ) recently represented a pharmacist in Virginia who was the subject of a formal complaint and investigation owing to her refusal to fill prescriptions for oral contraceptives due to their abortifacient properties. We are glad to report that the investigation has been resolved in her favor.

While oral contraceptives are intended to prevent ovulation, they also have a secondary mechanism of action that attempts to end pregnancy after fertilization occurs. Many individuals, including many pharmacists, believe that this post-fertilization action is immoral because it intentionally ends a human life, and also believe that its morally impermissible to personally facilitate such activity.

Earlier this year, an individual contacted our client to request a refill for oral contraceptives. The pharmacist said that the individual could have the prescription filled two days later by someone else, but she was not comfortable dispensing it herself due to the drug’s abortifacient properties (acting post-fertilization). The pharmacist felt that it was her professional obligation to make sure that the individual was aware of how the prescribed drug works in light of the fact that many women object on religious or moral grounds to taking it once they understand how it works.

Shortly thereafter on the same day, the individual’s father called our client and angrily questioned her about her refusal to fill the prescription. He also claimed that oral contraceptives never act post-fertilization and warned her that he was going to make her life “a living hell.” . . . [Full Text]

Customers claim Walgreens refuses to fill legitimate prescriptions

wftv.com

Several Walgreens customers contacted Action 9, claiming that the pharmacy chain refuses to fill their pain prescriptions.

Walgreens has a policy to curb narcotics abuse, but Action 9’s Todd Ulrich found that the company won’t reveal its guidelines, and its secret policy can punish legitimate customers, too.

Manuel Rabell’s back pain was so bad that his doctor prescribed the potent painkiller hydrocodone. But at Walgreens, the pharmacist refused to fill it, saying that it didn’t fit their policy guidelines. [Full text]

 

Top nursing group backs Navy nurse who wouldn’t force-feed at Guantánamo

Miami Herald

Carol Rosenberg

GUANTANAMO BAY NAVY BASE, Cuba

One of America’s leading nursing organizations is trying to save the U.S. Navy career of an officer, a nurse like them, who refused to force-feed hunger strikers this summer.

In a private letter, the American Nurses Association wrote Secretary of Defense Chuck Hagel last month arguing that the nurse should not be punished for making an independent ethical decision. The Physicians for Human Rights set up a conference call for Wednesday with the Navy nurse’s attorney and the advocacy group’s president to disclose the letter, which has been obtained by the Miami Herald.

It says: “These actions are resulting from the nurse’s expressing an ethical objection to participating in the force-feeding of detainees who are engaging in a form of protest at Guantánamo Bay Detention Camp.” The Pentagon has not responded.

The Miami Herald disclosed the crisis of conscience over the summer after a Syrian hunger striker heard the lieutenant declare he could no longer force-feed, told his lawyer about it, and the prison confirmed it happened.

Commanders cut short the deployment of the male nurse — who has never been publicly identified — and returned him to his base in New England. His boss ordered that a Board of Inquiry be formed to consider whether to discharge him from military service. . . [Full Text]

Navy Nurse Should Not be Punished for Declining to Force-Feed Guantánamo Detainees

PHR Welcomes American Nurses Association’s (ANA) Statement Supporting Nurses’ Professional Autonomy

Physicians for Human Rights

New York, NY – 11/19/2014

Physicians for Human Rights (PHR) today welcomed the American Nurses Association’s (ANA) statement supporting a nurse who refused to force-feed Guantánamo detainees based on his professional ethical obligations. PHR urged the U.S. Navy to end any disciplinary actions against the nurse, who has been charged with misconduct and faces potential discharge from the military.

“Nurses, like physicians, have professional duties to respect the autonomous decisions of their patients and never participate in ill-treatment or torture,” said Dr. Vincent Iacopino, PHR’s senior medical advisor. “This nurse has shown exemplary commitment to his profession’s ethics by refusing to comply with a military policy that has no clinical justification and is inherently harmful. The Navy should not punish him for refusing to compromise established ethical principles.”

Today’s statement represents the first time the ANA has spoken publicly about force-feeding at Guantánamo, signaling the wider nursing community’s interest in the nurse’s situation and the military’s treatment of medical professionals. The ANA also released communications it had with top defense officials urging them not to punish the nurse for exercising his professional rights and duties. PHR emphasized that the codes of conduct for nurses and physicians mandate respect for patient autonomy and the principle of doing no harm, and that military clinicians are legally and ethically bound to comply.

The Navy is considering holding an administrative trial that could lead to the nurse’s discharge from the Navy, in which he has served for 18 years. His decision not to participate in force-feeding was revealed through Abu Wa’el Dhiab, a Guantánamo detainee challenging his force-feeding in federal court. Dhiab’s case has shed light on the cruel and unnecessary methods used at Guantánamo, including the use of five-point restraint chairs and forced cell extractions.

“All physicians and nurses share a duty to put their patients first and act in their best interests, no matter the circumstances,” said Widney Brown, PHR’s director of programs. “Punishing this nurse for upholding the humane treatment of his patients sends a message that medical professionalism is not respected at Guantánamo.”

The World Medical Association and the American Medical Association are among the leading medical groups that prohibit force-feeding of competent adults. PHR said that health professionals should never take part, and pointed out that the main purpose of the Department of Defense’s force-feeding policy is to keep detainees from protesting over a decade of indefinite detention without charge. In response to criticism of these practices, the U.S. government has applied secrecy rules to any information regarding its treatment of hunger strikers.

PHR calls on the U.S. government to:

  • Immediately end the practice of force-feeding hunger strikers and institute policies and procedures consistent with the World Medical Association’s Declaration of Tokyo and Declaration of Malta on Hunger Strikers;
  • Ensure that no health professionals are compelled to participate in force-feeding, and that those who refuse do not face disciplinary or retaliatory actions for complying with their professional obligations; and
  • Commit to full transparency around hunger strikes at Guantánamo and medical management policies and protocols, including the release of Dhiab’s force-feeding videotapes.

Physicians for Human Rights (PHR) is a New York-based advocacy organization that uses science and medicine to stop mass atrocities and severe human rights violations. Learn more here.

Media Contact:

Vesna Jaksic Lowe, MS
Deputy Director of Communications, New York
vjaksiclowe [at] phrusa [dot] org

American Nurses’ Association supports conscientious objection by U.S. Navy nurse

ANA Statement on the Rights of Navy Nurse to Refuse to Participate in the Force-feeding of Detainees at Guantanamo Bay

Statement attributable to ANA President Pamela F. Cipriano, PhD, RN, NEA-BC, FAAN:

ANA has been actively monitoring the force-feeding of detainees at Guantanamo Bay for more than two years, and we support the registered nurses in the military who have to make very difficult decisions related to either moving forward with or questioning any activity within a plan of care.

Professional registered nurses operate under a Code of Ethics that emphasizes the right to make independent, ethical judgments regardless of the setting in which nursing care is provided—even if this causes a nurse to experience conflict arising from competing loyalties.

The rights of registered nurses to honor their professional ethical obligations regarding force-feeding and other sensitive issues are absolutely protected and should be exercised without fear of retaliation.

We urge military leaders and health providers to uphold the ethical code of conduct to which all professional registered nurses are accountable and to be receptive to concerns raised by nurses or any other health care professional who is compelled, by an ethical commitment, to question any activity within the plan of care.

We do not believe this nurse should have to show cause for remaining in the Navy.