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The Pharmaceutical Journal Vol 266 No 7148 p675-678
May 19, 2001

Letters

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Letters to the Editor

Code of Ethics

Disclosure of conscientious objection

From “A Concerned Pharmacist”

Bill Darling, in his introduction to the proposed new Code of Ethics (PJ, April 28, p589), writes that “Protection against discrimination in employment [for those pharmacists who have a conscientious objection, eg, to supplying Schering PC4 or Levonelle] is provided for in employment legislation”. However, the Society's Professional Standards Directorate has told me that “short of a test case or existing case law that we do not know about, I cannot give clear advice ...” whether protection against discrimination in employment in the Human Rights legislation will apply to pharmacists who have a conscientious objection to supplying such products.

I would be interested to know what protection from discrimination Mr Darling is referring to. As it stands, the revised “conscience clause” requires pharmacists with such a conscientious objection to tell current and potential employers and risk discrimination, without any protection from the Society and with no guarantee of protection in law.

I write this as a pharmacist who has been told by a potential employer that he would not employ me if I did not supply Schering PC4.

“A Concerned Pharmacist” (297/19)

 
   
 

BILL DARLING replies:

In my introduction to the Code the reference to discrimination legislation was not related specifically to refusal to supply emergency hormonal contraception. The provision in the revised Code, A1(k) applies to any factors affecting a pharmacist's ability to provide services.

Employment legislation protects employees from being unfairly dismissed; legislation outlawing racial discrimination can include in some circumstances that based upon religious customs or beliefs. If a person's beliefs were such as to prevent him from performing a particular job, it would not be discriminatory to refuse to employ him for that job. In the case of dismissal it would be a question whether unwillingness to supply certain pharmaceutical services was so fundamental in nature as to justify the action.

One of the key responsibilities of the code is probity; another is competence. It is inconceivable that a profession that values honesty and integrity should accept that pharmacists should not disclose to a potential employer relevant factors such as their inability to supply certain services, whether this derives from lack of knowledge or from moral persuasion. Whether it is extemporaneous preparation, dispensing for addicts, specific medicines information services, or other aspects of pharmacy services in primary or secondary care, it is essential that pharmacists are upfront about what they can or cannot, will or will not, do.

 

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