Reply #126: There's the question really. [View All]

[DefenseLawyer]

Filling emergency contraceptive prescriptions is a small part of the pharmacist's job, but it is a component of his primary job, that of filling valid prescriptions, not a separate and distinct task. While delivering babies and performing abortions are distinct tasks, I would argue that filling valid prescriptions is ONE task, that the act of filling each particular prescription isn't a separate job. Can one perform the job if he refuses to fill certain prescriptions that he has arbitrarily determined he will not fill? By your argument it is the percentage of prescriptions that he refuses to fill that makes the difference. So another guy who refuses to fill any prescription that contains opiates (presumably a larger percentage)would get less protection? Or if a pharmacy was the only one to carry emergency contraceptives within a large geographical area, the percentage of such prescriptions there might be a larger percentage of their total. Would that change the analysis?