S T A T E   O F   N E W   Y O R K
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                                  8949

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by M. of A. LIFTON, JAFFEE, CASTRO, STIRPE, PAULIN -- Multi-
  Sponsored by -- M. of A. BING, GLICK, JOHN, WEISENBERG  --  read  once
  and referred to the Committee on Higher Education

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature finds that  an  indi-
vidual's  right  to religious beliefs and worship is a protected, funda-
mental right in the state of New York and that an individual's right  to
access  legal  contraception  is  a  protected, fundamental right in the
state of New York. The legislature thereby recognizes that  an  individ-
ual's  right  to  religious belief and worship cannot impede an individ-
ual's access to legal prescriptions, including contraception.
  S 2. The education law is amended by adding a new  section  6810-a  to
read as follows:
  S  6810-A.  DUTIES  OF  A PHARMACY; FILLING VALID PRESCRIPTIONS. 1.  A
PHARMACY RECEIVING AND FILLING PRESCRIPTIONS SHALL  MAINTAIN  COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
  (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 INDIVID-
UAL HAS REASON TO KNOW OF THE REFUSAL, THAT THE PRESCRIPTION IS, WITHOUT
DELAY, FILLED BY ANOTHER PHARMACIST EMPLOYED BY SUCH PHARMACY; OR
  (B) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS  PARAGRAPH,
IF  A  PRODUCT IS NOT IN STOCK AND A PHARMACIST EMPLOYED BY THE PHARMACY
REFUSES ON THE BASIS OF A PERSONAL BELIEF OR ON THE  BASIS  OF  PHARMACY
POLICY  TO  ORDER OR TO OFFER TO ORDER THE PRODUCT WHEN PRESENTED WITH A
VALID PRESCRIPTION FOR THE PRODUCT, THE PHARMACY SHALL ENSURE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01332-01-9
              

A. 8949                             2

  (I) THAT THE INDIVIDUAL PRESENTING  THE  PRESCRIPTION  IS  IMMEDIATELY
INFORMED  THAT  THE  PRODUCT  IS  NOT IN STOCK BUT MAY BE ORDERED BY THE
PHARMACY; AND
  (II)  SUBJECT  TO  THE CONSENT OF THE INDIVIDUAL, THAT THE PRODUCT IS,
WITHOUT DELAY, ORDERED BY ANOTHER PHARMACIST EMPLOYED BY SUCH PHARMACY.
  2. THE PHARMACY SHALL NOT EMPLOY ANY PHARMACIST  WHO  ENGAGES  IN  ANY
CONDUCT WITH THE INTENT TO PREVENT OR DETER AN INDIVIDUAL FROM FILLING A
VALID  PRESCRIPTION  FOR  A PRODUCT OR FROM ORDERING SUCH PRODUCT, OTHER
THAN THE SPECIFIC CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION,
INCLUDING:
  (A)  THE REFUSAL TO RETURN A PRESCRIPTION FORM TO THE INDIVIDUAL AFTER
REFUSING TO FILL THE PRESCRIPTION OR ORDER THE PRODUCT, IF THE  INDIVID-
UAL REQUESTS THE RETURN OF SUCH FORM;
  (B)  THE REFUSAL TO TRANSFER PRESCRIPTION INFORMATION TO ANOTHER PHAR-
MACY FOR REFILL DISPENSING WHEN SUCH A TRANSFER IS LAWFUL, IF THE  INDI-
VIDUAL REQUESTS SUCH TRANSFER;
  (C)  SUBJECTING  THE  INDIVIDUAL TO HUMILIATION OR OTHERWISE HARASSING
THE INDIVIDUAL; OR
  (D) BREACHING MEDICAL CONFIDENTIALITY WITH RESPECT TO THE PRESCRIPTION
OR THREATENING TO BREACH SUCH CONFIDENTIALITY.
  3. PRODUCTS THAT ARE NOT ORDINARILY  STOCKED  SHALL  APPLY  ONLY  WITH
RESPECT  TO  A  PHARMACY ORDERING A PARTICULAR PRODUCT FOR AN INDIVIDUAL
PRESENTING A VALID PRESCRIPTION FOR THE PRODUCT, AND  DOES  NOT  REQUIRE
THE  PHARMACY TO KEEP SUCH PRODUCT IN STOCK; PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION HAVE NO APPLICABILITY WITH RESPECT  TO  A
PRODUCT  FOR  A  HEALTH CONDITION IF THE PHARMACY DOES NOT KEEP IN STOCK
ANY PRODUCT FOR SUCH CONDITION.
  4. ANY PHARMACY IN VIOLATION OF THE PROVISIONS OF THIS  SECTION  SHALL
BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS PER
DAY  OF  VIOLATION,  NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS FOR ALL
VIOLATIONS ADJUDICATED IN A SINGLE PROCEEDING.
  5. ANY PERSON AGGRIEVED AS A RESULT OF A VIOLATION OF A REQUIREMENT OF
SUBDIVISION ONE OF THIS SECTION MAY, IN ANY COURT OF COMPETENT JURISDIC-
TION, COMMENCE A CIVIL ACTION AGAINST THE PHARMACY  INVOLVED  TO  OBTAIN
APPROPRIATE  RELIEF,  INCLUDING  ACTUAL AND PUNITIVE DAMAGES, INJUNCTIVE
RELIEF, AND A REASONABLE ATTORNEY'S FEE AND COST.
  6. A CIVIL ACTION PURSUED UNDER THE PROVISIONS OF SUBDIVISION FOUR  OR
FIVE  OF  THIS SECTION MAY NOT BE COMMENCED AGAINST A PHARMACY AFTER THE
EXPIRATION OF THE FIVE-YEAR PERIOD BEGINNING ON THE DATE  ON  WHICH  THE
PHARMACY ALLEGEDLY ENGAGED IN THE VIOLATION INVOLVED.
  7.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) THE TERM "EMPLOY", WITH RESPECT TO THE SERVICES OF  A  PHARMACIST,
INCLUDES ENTERING INTO A CONTRACT FOR THE PROVISIONS OF SUCH SERVICES;
  (B)  THE  TERM  "WITHOUT  DELAY", WITH RESPECT TO A PHARMACY FILLING A
PRESCRIPTION FOR A PRODUCT OR ORDERING THE  PRODUCT,  MEANS  WITHIN  THE
USUAL  AND CUSTOMARY TIMEFRAME AT THE PHARMACY FOR FILLING PRESCRIPTIONS
FOR PRODUCTS FOR THE HEALTH CONDITION  INVOLVED  OR  FOR  ORDERING  SUCH
PRODUCTS, RESPECTIVELY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.