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APHA Scientific Session and Event Listing

Whose choice is it anway? The politics of expanding 'conscience clause' legislation to include pharmacists

Jessica A. Taubner, MPH candidate and Eugene Declercq, PhD. Maternal and Child Health, Boston University School of Public Health, 715 Albany Street, Boston, MA 02118, 508-981-3537, jtaubner@bu.edu

Background: Since 1998, twelve states have passed legislation to increase access to emergency contraception (EC). A growing number of states are considering legislation to expand the ‘conscience clause' to include pharmacists' rights to refuse to fill prescriptions for EC. This research will analyze the process by which the issue of EC and later the development of “conscience clause” legislation came to the agenda of decision makers. Of particular interest are the ways in which the issues have been framed by their respective advocates. Methods: The research will be based on an analysis of documentary evidence, media and news coverage, and key informant interviews with state legislators, staff, and advocacy groups. The votes in state legislatures that have passed EC legislation and conscience clause bills will be analyzed by party affiliation and gender. Results: As of February, 2006, four states have conscience clause legislation or regulations. In 2005 eleven states considered bills to protect pharmacists' rights to refuse while four states considered legislation to ensure pharmacy access. Analysis of major newspapers, showed that reporting of this issue emerged in 1997, with limited coverage until 2005 when 25 stories were printed. Polling data demonstrate that majority of those surveyed oppose a pharmacist's right to choose while a majority of pharmacists believe they should have the right to refuse. Conclusion: “Conscience laws” are rapidly emerging as a significant issue in the political battle over reproductive health rights with each side striving to frame the issue as a matter of individual choice.

Learning Objectives: At the conclusion of the session, the participants in this session will be able to

Keywords: Reproductive Health, Policy/Policy Development

Presenting author's disclosure statement:

Not Answered

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The 134th Annual Meeting & Exposition (November 4-8, 2006) of APHA