Senate Bill S894A

                                BILL NUMBER:S894A

TITLE OF BILL:

An act
to amend the education law, in relation to prohibiting pharmacists from
refusing to dispense medication solely for philosophical, moral, or
religious reasons

PURPOSE:

To prohibit a pharmacist from refusing to dispense or refill a
prescription or non-prescription drug approved by the U.S. Food and
Drug Administration solely on the grounds that the dispensing or
refill of the prescription or non-prescription would contravene the
pharmacist's philosophical, moral or religious beliefs.

SUMMARY OF PROVISIONS:

Section 1 amends § 6810 of the Education Law to provide that no
pharmacist may refuse to dispense or refill a prescription or
non-prescription drug approved by the U.S. Food and Drug
administration solely based on the pharmacist's philosophical, moral
or religious beliefs.

§ 2 is the effective date.
              

EXISTING LAW:

New York State law does not currently have any statutory prohibition
on so-called "pharmacist refusals."

JUSTIFICATION:

As part of a broadening anti-choice strategy, an increasing number of
physicians are refusing to write prescriptions for contraception and
more pharmacists are refusing to dispense birth control, including
emergency contraception (formerly known as the "morning-after
pill"). Some states (Arkansas, Georgia, Mississippi and South Dakota)
have enacted statutes that explicitly permit pharmacists to refuse to
furnish contraceptives, or any prescription based on his or her moral
beliefs. No state has enacted a statutory ban on "pharmacist
refusals," although Massachusetts, Illinois and Wisconsin have taken
administrative actions to prohibit the practice.

Prescription refusal is a disturbing trend that can jeopardize woman's
reproductive health. Denying women their rights to timely access to
health care is an act of discrimination that could lead to an
increased number of unintended pregnancies.

Some pharmacists even go so far as to lecture women, humiliate them in
public, or refuse to hand back the prescription after they refuse to
fill it.

Illinois was the first state to issue a statewide regulation to
address this growing problem. In April 2005, the Governor issued an


emergency rule that requires pharmacies that stock emergency
contraception to accept and fill prescriptions for contraceptives
without delay. The Governor acted in response to complaints from two
women who said that a Chicago pharmacist had refused to fill their
prescriptions for emergency contraception.

Although the total number of pharmacist refusal incidents is unknown,
reports of pharmacist refusal date back to 1990. An April, 2005 New
York Times editorial cites some 180 reports of refusals in a
six-month period last year. Planned Parenthood has documented
incidents in Georgia, Texas, Wisconsin, Illinois (Chicago), and New
Hampshire. To date, there have not been any reported incidents in New
York.

The moral or religious beliefs of a person's health care provider
should not limit their access to basic health care. The refusal to
fill a lawfully issued prescription is an indefensible abuse of power
by pharmacists and an act of discrimination against women. Health
care providers such as pharmacists have no business forcing their own
moral or ethical views onto customers who may not share them, and
those who cannot dispense medicines lawfully prescribed should seek
other employment.

LEGISLATIVE HISTORY:

2007:    Referred to Higher Education
2008;    Referred to Higher Education
2009-10: S.2979 Schneiderman

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Takes effect on the first of November next succeeding the date it
shall have become law.