Abstract
The analysis of a dispute can focus on either interests, rights, or power. Commentators often frame the conflict over conscience in clinical practice as a dispute between a patient’s right to legally available medical treatment and a clinician’s right to refuse to provide interventions the clinician finds morally objectionable. Multiple sources of unresolvable moral disagreement make resolution in these terms unlikely. One should instead focus on the parties’ interests and the different ways in which the health care delivery system can accommodate them. In the specific case of pharmacists refusing to dispense emergency contraception, alternative systems such as advanced prescription, pharmacist provision, and over-the-counter sales may better reconcile the client’s interest in preventing unintended pregnancy and the pharmacist’s interest in not contravening his or her conscience. Within such an analysis, the ethicist’s role becomes identifying and clarifying the parties’ morally relevant interests.
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Notes
Women can use several drugs or devices after un- or under-protected intercourse to prevent unintended pregnancy. Under-protected intercourse includes when a condom slips or breaks or a woman misses two or more of the first seven oral contraceptive pills. I will focus on the use of oral contraceptive pills or pharmacologically equivalent dedicated products for this purpose. Women can also use copper-containing intrauterine devices (IUDs) for emergency contraception but this is more logistically difficult because a trained provider must place them. I will also not discuss the use of mifepristone (RU-486) because, unlike oral contraceptive pills, it can interrupt an established pregnancy and, at higher doses, can cause a medical abortion. The Food and Drug Administration has also not approved its lower, emergency contraceptive dose [3].
The literature also refers to emergency contraception as postcoital contraception and the morning after pill. Experts criticize the term morning after pill as misleading individuals to believe treatment must wait until or is ineffective after the next morning and prefer the term emergency contraception, in part, because it conveys that it is not intended for ongoing use [4, p. 44].
Commentators should carefully distinguish differences about the scope of morality from disagreements about the facts. Some advocates of access to emergency contraception, for example, argue that it is not abortifacient because it does not prevent the interruption of an established pregnancy. They cite definitions of pregnancy and abortion offered by medical organizations and the U.S. government [17, p. 847]. This is a terminological disagreement based on differing evaluations of the moral status of the embryo rather than a dispute regarding the facts. Groups that consider some or all uses of emergency contraception to be immoral do not contend that it causes the expulsion of a fertilized egg after implantation. Rather, they believe that the fertilized egg has full moral status and use the term abortifacient to include drugs and devices that prevent implantation.
References
McClain, Carla. 2005. Rape victim: ‘Morning after’ pill denied. Arizona Daily Star, 23 October.
Vander Bleek, Luke D. Email to Mark Pettinger et al. 6 June 2005. Exhibit A.1-2, Verified Complaint for Declaratory and Injunctive Relief, Morris-Fitz v. Rod R. Blagojevich, Fernando E. Grillo, Daniel E. Bluthardt, and State Board of Pharmacy, Case No. 05-MR47, Circuit Court of the Fourteenth Judicial Circuit, Whiteside County, IL.
Westhoff, Carolyn. 2003. Clinical practice. Emergency contraception. New England Journal of Medicine 349: 1830–1835.
Ellertson, Charlotte. 1996. History and efficacy of emergency contraception: Beyond Coca-Cola. Family Planning Perspectives 28: 44–48.
Jones, Charisse. 2004. Druggists refuse to give out pill. USA Today, 8 November.
Ury, William L., Jeanne M. Brett, and Stephen B. Goldberg. 1988. Getting disputes resolved: Designing systems to cut the costs of conflict. San Francisco: Jossey-Bass Publishers.
Fisher, Roger, William Ury, and Bruce Patton. 1991. Getting to yes: Negotiating agreement without giving in, 2nd ed. Boston: Houghton Mifflin.
Robertson, John A. 1994. Children of choice: Freedom and the new reproductive technologies. Princeton: Princeton University Press.
Monastersky, Nicole, and Sharon Cohen Landau. 2006. Future of emergency contraception lies in pharmacists’ hands. Journal of the American Pharmacists Association 46: 84–88.
Americans United for Life. 2008. Healthcare rights of conscience: Model legislation & policy guide. Chicago: Americans United for Life.
Savulescu, Julian. 2006. Conscientious objection in medicine. BMJ 332: 294–297.
Gert, Bernard, Charles Culver, and K. Danner Clouser. 2006. Bioethics: A systematic approach, 2nd ed. Oxford: Oxford University Press.
Pontifical Academy for Life. 2000. Statement on the so-called “morning-after pill.” http://www.vatican.va/roman_curia/pontifical_academies/acdlife/documents/rc_pa_acdlife_doc_20001031_pillola-giorno-dopo_en.html. Accessed 4 July 2008.
Austriaco, Nicanor Pier Giorgio. 2007. Is Plan B an abortifacient? A critical look at the scientific evidence. The National Catholic Bioethics Quarterly 7: 703–707.
Davidoff, Frank. 2006. Sex, politics, and morality at the FDA: Reflections on the Plan B decision. Hastings Center Report 36(2): 20–25.
Polis, Chelsea B., Kate Schaffer, Kelly Blanchard, Anna Glasier, Cynthia C. Harper, and David A. Grimes. 2007. Advance provision of emergency contraception for pregnancy prevention: A meta-analysis. Obstetrics & Gynecology 110: 1379–1388.
Grimes, David A. 2002. Switching emergency contraception to over-the-counter status. New England Journal of Medicine 347: 846–849.
Childress, James F. 1979. Appeals to conscience. Ethics 89: 315–335.
Wicclair, Mark R. 2000. Conscientious objection in medicine. Bioethics 14: 205–227.
Sulmasy, Daniel P. 2008. What is conscience and why is respect for it so important? Theoretical Medicine and Bioethics. doi:10.1007/s11017-008-9072 .
Grisez, Germain. 1997. Difficult moral questions, vol. 3, The way of the Lord Jesus. Quincy, IL: Franciscan Press.
Wynn, L.L., and James Trussell. 2006. Images of American sexuality in debates over nonprescription access to emergency contraceptive pills. Obstetrics & Gynecology 108: 1272–1276.
Trussell, James, Jessica Bull, Jacqueline Koenig, Marie Bass, Amy Allina, and Vanessa Northington Gamble. 1998. Call 1-888-NOT-2-LATE: Promoting emergency contraception in the United States. Journal of the American Medical Women’s Association 53(Supplement 2): 247–250.
Raymond, Elizabeth G., Alan Spruyt, Karen Bley, Janet Colm, Shaina Gross, and Leigh Ann Robbins. 2004. The North Carolina DIAL EC project: Increasing access to emergency contraceptive pills by telephone. Contraception 69: 367–372.
Soon, Judith A., Marc Levine, Mary H.H. Ensom, Jacqueline S. Garden, Hilary M. Edmonsdson, and David W. Fielding. 2002. The developing role of pharmacists in patient access to emergency contraception. Disease Management & Health Outcomes 10: 601–611.
Karasz, Alison, Nicole T. Kirchen, and Marji Gold. 2004. The visit before the morning after: Barriers to preprescribing emergency contraception. Annals of Family Medicine 2: 345–350.
Brass, Eric P. 2001. Changing the status of drugs from prescription to over-the-counter availability. New England Journal of Medicine 345: 810–816.
Wells, Elisa S., Jane Hutchings, Jacqueline S. Gardner, Jennifer L. Winkler, Timothy S. Fuller, Don Downing, and Rod Shafer. 1998. Using pharmacies in Washington State to expand access to emergency contraception. Family Planning Perspectives 30: 288–290.
State policies in brief: Emergency contraception. 2008. New York: Guttmacher Institute.
Grimes, David A., Elizabeth G. Raymond, and Bonnie Scott Jones. 2001. Emergency contraception over-the-counter: The medical and legal imperatives. Obstetrics & Gynecology 98: 151–155.
Galson, Steven. Letter to Duramed Research, Inc. 24 August 2006. http://www.fda.gov/cder/foi/appletter/2006/021045s011ltr.pdf. Accessed 22 September 2008.
Acknowledgements
I would especially like to thank Lainie Freidman Ross for her encouragement; the Conscience in Clinical Practice organizers and participants; and Tess Jones, Michelle Hawes, Grace Chung, Ryan Lawrence, and Farr Curlin for their constructive criticisms of this manuscript.
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Antommaria, A.H.M. Adjudicating rights or analyzing interests: ethicists’ role in the debate over conscience in clinical practice. Theor Med Bioeth 29, 201–212 (2008). https://doi.org/10.1007/s11017-008-9077-x
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DOI: https://doi.org/10.1007/s11017-008-9077-x