|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to higher education|
|Jan 06, 2011||referred to higher education|
senate Bill S1285
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1285 - Details
S1285 - Summary
Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock and requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.
S1285 - Sponsor Memo
BILL NUMBER:S1285 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
S1285 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1285 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed 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. LBD01130-01-1
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