S T A T E O F N E W Y O R K
________________________________________________________________________
8949
2009-2010 Regular Sessions
I N A S S E M B L Y
June 16, 2009
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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.