Noesen v. Pharmacy Examining Board

2008

Venue: Wis. Ct. App.

Facts: Pharmacist declines to provide contraceptives, and gets reprimanded.

Posture: Appeal from pharmacy board's decision

Issue: Did Noesen depart from the standard of care ordinarily exercised by a pharmacise in a way that harmed or could have harmed the patient?

Holding: Yes.

Rule: The standard of care is clear, and was known to him.

Reasoning: There is an exception for the right of conscience (4-part test articulated in case), but he didn't fulfil his part of it, so we don't need to consider the rest.

Dicta: