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NOESEN v. DEPT. OF REG., PHARM., EXAM. BD.

No. 2006AP1110.

751 N.W.2d 385 (2008)

2008 WI App 52

Neil NOESEN, Petitioner-Appellant, v. STATE of Wisconsin DEPARTMENT OF REGULATION AND LICENSING, PHARMACY EXAMINING BOARD, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed March 25, 2008.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Robert T. Ruth of Ruth Law Office, Madison; Paul Benjamin Linton of Thomas More Society, Northbrook, IL; and Thomas Brejcha and Christopher Henning of Thomas More Society, Chicago, IL.

On behalf of the respondent-respondent, the cause was submitted on the brief of Bruce A. Olsen, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

A nonparty brief was filed by Nicole M. Safar, Chris Taylor, and Jeralyn B. Wendelberger of Madison for Planned Parent-hood of Wisconsin, Inc. and Planned Parenthood Advocates of Wisconsin, Inc.; and Kelda Helen Roys of Madison, for NARAL Pro-Choice Wisconsin Foundation and NARAL Pro-Choice Wisconsin.

A nonparty brief was filed by Jacqueline E. Boynton of Milwaukee, for American Civil Liberties Union of Wisconsin Foundation and American Civil Liberties Union Foundation; Laurence J. Dupuis of Milwaukee for American Civil Liberties Union of Wisconsin Foundation; and Sondra Goldschein of New York City, for American Civil Liberties Union Foundation.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 HOOVER, P.J.

Neil Noesen appeals an order affirming the Pharmacy Examining Board's decision reprimanding him and placing practice conditions on his license. The Board concluded Noesen violated the standard of care applicable to pharmacists when he refused to fill or transfer a patient's prescription for an oral contraceptive. Noesen asserts he was not given proper notice of the standard of care, the discipline violates his state constitutional right of conscience...

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