Pharmacists lose right to conscientious objection
Slovenian pharmacists will no longer be able to invoke conscientious objection under legislative amendments passed after a pharmacist refused to issue birth control pills to a woman because of their religious belief.
The case of the pharmacist invoking conscientious objection in Lendava grabbed headlines in October, putting women's rights in spotlight and triggering debate about conscientious objection in medicine and calls to protect patients' rights.
The Health Ministry then put forward amendments to the Pharmacy Practice Act, primarily designed to alleviate staff shortages at pharmacies and tighten rules for concessionaires, but also inserting a provision granting pharmacists explicit conscientious objection.
This provoked an outcry among the three parties that make up Slovenia's liberal ruling coalition, and it turned out the provision was added after the wording of the amendments had been cleared by the coalition.
Pharmacists have so far been covered by a milder provision on conscientious objection in the Health Services Act, where health institutions must respect the employee's conscientious objection but ensure that patients get their medicines regardless.
The ministry wanted to change that so that if a pharmacist refused to issue medication out of religious or other legitimate reasons, the patient could be referred to another pharmacist, to another pharmacy or even receive the medication later unless the delay had a significant impact on their health. The Pharmacy Chamber spoke out against the proposal, arguing the exiting legislation was just fine.
The ministry's proposal did little more than provoke backlash as the coalition backed an amendment on 19 December that explicitly says pharmacists do not have a right to conscientious objection at all.
Other than the case of the Lendava pharmacist who refused to issue birth control, some MPs expressed fear that conscientious objection could spread uncontrollably to other drugs individual pharmacists may not be comfortable with, including life saving medicine.
The bill was passed with coalition votes. In the opposition's ranks, the Democratic Party (SDS) walked out, whereas the Christian democratic New Slovenia (NSi) voted against.
The NSi argued stripping pharmacists of the right to conscientious objection puts them in an unequal position with other health workers, who continue to enjoy this right under the provision of the Health Services Act.