senate Bill S1285

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to higher education
Jan 06, 2011 referred to higher education

S1285 - Details

See Assembly Version of this Bill:
A4659
Law Section:
Education Law
Laws Affected:
Add ยง6810-a, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1521, A8949

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

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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