Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs

BILL NUMBER:S1336

Title of bill

An act to amend the education law, in relation to establishing certain duties for pharmacies when pharmacists employed by the pharmacies refuse to fill prescriptions on the basis of personal beliefs

Purpose

To insure that an individual's right to religious beliefs and worship cannot impede an individual's legal access to legal prescriptions, including contraception.

Summary of provisions

Section One is the Legislative Intent.

Section Two amends the education law by adding a new section 6810-a requiring that a pharmacy receiving and filling prescriptions shall maintain compliance with the following provisions:

(a) if a product is in stock and a pharmacist employed by a pharmacy refuses on the basis of a personal belief to fill a valid prescription for such product, the pharmacy ensures, subject to the consent of the individual presenting the prescription in any case in which the individual has reason to know of the refusal, that the prescription is, without delay, filled by another pharmacist employed by such pharmacy; or

(b) if the product is not in stock:

(i) Inform individual that product is not in stock but the pharmacy may order it;

(ii) subject to consent of individual, product is ordered without delay

A pharmacy may not employ any pharmacist who engages in conduct with intent to prevent or deter an individual from filling a valid prescription.

A pharmacy may not refuse to return a prescription form to an individual after refusing to fill the prescription or order the product.

The refusal to transfer prescription information to another pharmacy for refill dispensing is lawful, if the individual requests such transfer;

A pharmacist may not subject an individual to humiliation or otherwise harassing the individual.

A pharmacist may not breach medical confidentiality with respect to the prescription or threaten to breach such confidentiality.

Any pharmacy in violation of this provision shall be subject to a civil penalty of not more than $5,000 dollars per day of violation,

not to exceed $500,000 dollars for all violations adjudicated in a single proceeding.

An individual may pursue a civil cause of action against a pharmacy for any violation of this section.

Justification

It is incomprehensible that in the 21st century, we are living in a time where women are having to fight for their right to obtain birth control pills. Something must be done to address the growing numbers of women who can not get their birth control prescriptions fined because of individual pharmacist's personal objections.

This bill requires a pharmacy to ensure that if a pharmacist has a personal objection to filling a legal prescription for a drug or device, the pharmacy will ensure that the prescription is filled without delay by another pharmacist who does not have a personal objection. This act also ensures that if a prescription drug is not in stock, and it is a type of drug that the pharmacy routinely carries, such a drug will be ordered without delay.

Legislative history

2011-12: S.1285/A.4650 - Died in Higher Education 2010: S.1521/A.8949 (Died in Senate Higher Ed./Died in Assembly Higher Ed.) 2009: S.1521/A.8949 (Died in Senate Higher Ed./Died in Assembly Higher Ed.)

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

EFFECTIVE DATE:; This act shall take effect on the one hundred eightieth day after it shall have become law.