This website uses cookies to ensure you have the best experience. Learn more

Refusal Clauses Essay

746 words - 3 pages

Carina Smith
Rosemont College
Week 6 paper

Abstract

The broad structure of this case is whether a pharmacist has the right to refuse a prescription if the pharmacist is morally opposed to a possible outcome of the use of that prescription or whether a patient has the right to have that prescription filled without the pharmacist opinion of whether the use of that medication is either ethical or moral.

In America we have access to all types of things that others don’t have access to; For instance, Twitter, Facebook, weed delivery services, supermarkets bigger than the Comcast building. But yet, when a women get prescribe legitimate medication from her doctor for either HIV, ...view middle of the document...

But, in that sense, it’s for the sake of aiding the patient, preventing harm to them, not fulfilling some judgmental opinion on behalf of the pharmacist.
Therefore, Regardless of how the ethical issue should be resolved, it is clear that both sides of the issue are meritorious. A patient has a legitimate interest in having a prescription filled and that a pharmacist has a legitimate interest in not providing medication that he finds ethically offensive. There are several solutions that can protect one or both of those interests. The first option is for the state licensing board to require pharmacists to fill prescriptions without regard to their moral or ethical objections. The second option is for the state to permit pharmacists to refuse to fill prescriptions, but to allow employers to compel pharmacists to fill all prescriptions as a condition of employment.
So should a pharmacists be allowed to deny prescriptions on grounds of Conscience? An individual who objects on grounds of conscience or religious belief to entertain a certain act has a considerable amount of rights. To force someone to perform an act against his/her religion would be a violation of their human rights. In which this case the young lady would be protected under U.S. Law. Many cases...

Other Papers Like Refusal Clauses

Euthanasia Is Legally, Morally And Ethically Unacceptable. Discuss. Foundation In Nursing Essay For Law/Ethics Module

2827 words - 12 pages does not serve to clarify the position of nurses in respect to either passive of active euthanasia. According to the Code of Professional Conduct clauses 1 & 2, nurses should"act always in such a manner as to promote and safeguard the interests and well-being of patients and clients" UKCC (1992)and"ensure that no action or omission on your part, or within your sphere of responsibility, is detrimental to the interests, condition or safety of

How Children Learn Language Essay

1109 words - 5 pages : At around 18 months children start to produce them. Tend to express ideas of quantity, possession, negation, attribute. (eg. “More milk”). The purposes may be: request, warning, answer, question refusal, inform, or even bragging. At this stage the child understands much more than (s)he can produce. The utterances mainly consist of Ns, Vs, adjectives (the content classes), lacking function words such as articles, prepositions, auxiliaries

Implications Of The Various Paris Peace Treaties

1037 words - 5 pages . * France also wanted an independent Rhineland state which would weaken German economically. * France also wanted Saar as a compensation for war. French dissatisfaction with Treaty of Versailles * Georges Clemenceau, Prime Minister of France, did not get everything he wanted out of the Treaty. He was satisfied with Clause 231 (which blamed Germany for the war), the disarmament clauses of the treaty, getting back Alsace-Lorraine, and

Labour Relations

2233 words - 9 pages exercise its right to lock out the bargaining unit members. -strike: the temporary refusal by bargaining unit members to continue working for the employer -strike vote: legally required in some jurisdictions, it is a vote seeking authorization from bargaining unit members to strike if necessary. A favourable vote does not mean that the strike is inevitable. -vote helps union negotiating team determine their relative strength

Articles of Asso

2219 words - 9 pages -how and the founders' agreement and penalties for disclosure * ------------------------------------------------- first right of refusal - purchase rights and counter-bid by a founder. 26. ARTICLES PRESCRIBING REGULATIONS There may in the case of a public company limited by shares, and there shall in the case of an unlimited company or a company limited by guarantee or a private company limited by shares, be registered with the memorandum

Obgerfell vs Hodges

1619 words - 7 pages to marry is a fundamental right inherent in the liberty of the person. Same-sex couples may not be deprived of that right and that liberty under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The State laws challenged by the plaintiffs in these cases are held invalid insofar as they deny same-sex couples the rights to marriage that are enjoyed by opposite-sex couples. The Ideology of marriage gas been the same for

Private Prisons

3504 words - 15 pages must abide by state laws, regulations, and policies and are held accountable for fulfilling these obligations. If the state is dissatisfied, it can refuse to renew the contract. Some states, such as New Mexico and Tennessee, also include termination clauses within contracts in the event a contractor provides inadequate service. In addition, contractors are watched very closely by the courts, the press, civil-rights groups, and prison-reform

Parental Rights Versus State Needs

3205 words - 13 pages function of any bodily member or organ. Serious mental injury: A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of treatment, that (1) renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened; or (2) seriously interferes with a child’s ability to accomplish age-appropriate

Franchising Conflict

5144 words - 21 pages ACCC also notes that either party may need to consider litigation where urgent issues arise. The Franchising Code directs parties to mediation if direct negotiations do not result in agreement. If requested by either party, both parties must attend the mediation and try to resolve the dispute. Refusal to attend the mediation and/or make a genuine attempt to resolve the dispute will constitute a breach of the code and thereby a breach of the Act

Franchising

5444 words - 22 pages explicitly, but will usually give the franchisor arbitrary and discretionary power. Fifth, the contract will have a termination clause. The termination clause will heavily favour the franchisor who can practically end at will. The franchisee, on the other hand, also can terminate, but at unfavourable terms, usually incurring a heavy penalty. Finally, the contract will contain miscellaneous clauses dealing with sale of the franchise, rights of heirs

International Economies Theory

4241 words - 17 pages pass-through to differ, and why? During the passage of the U.S. fiscal stimulus bill of February 2009, many members of Congress demanded “buy American” clauses, which would have prevented the government from spending money on imported goods. According to the analysis of this chapter, would U.S. government spending constrained by “buy American” restrictions have had a bigger effect on U.S. output than unconstrained U.S. government spending? Why or

Related Essays

Arbitration Act Review Bangladesh Compiled

1636 words - 7 pages not awarded to the winning party, although there is no law preventing the tribunal from doing so. 08 Bangladesh January 2010 Arbitration in Asia Pacific Norton Rose Group Bangladesh 13 Are split clauses valid and enforceable? There is no prohibition under the Act against split clauses, which allow one or more parties to elect arbitration or litigation after the dispute arises. The fact that an international arbitration award was obtained pursuant to a split clause does not constitute a ground for refusal of enforcement of such an award in Bangladesh under the Act. I Norton Rose Group Arbitration in Asia Pacific January 2010 Bangladesh 09

Case C 426/11: Mark Alemo Herron And Others V. Parkwood Leisure Ltd

1555 words - 7 pages April 2004 to April 2007. Among other reasons, Parkwood declared that he had not participated in the NJC, and would, in any event, be unable to do so, since it is a private sector undertaking and not a public authority. After Parkwood’s refusal the employees brought a claim in an employment tribunal, which was dismissed in 2008. That tribunal pointed out that the judgment of the Court of Justice in 'Werhof' ruled out the possibility of any

Apple Essay

1060 words - 5 pages contract. Anticipatory repudiation - repudiation made in advance of the time for the performance of the contract obligations. * To constitute such repudiation, there must be a clear, absolute, unequivocal refusal to perform the contract according to its terms. * When they say they’re not gonna do what they were gonna do and they’re not gonna get it done on the day they said. * * A refusal to perform a contract that is made before

Hsa 515 Assignment 1

1628 words - 7 pages also in cases where there is genuine divergence of medical opinions, a second opinion from another physician may be sought or the patient may choose to go to another physician. Determine how contract principle and breach of warranty apply to the health care setting. One form of contractual provision in the health care setting that has been consistently repudiated by the courts is the exculpatory clause. Such clauses are an effort by health care