S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6384
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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.
   §  2.  The  education law is amended by adding a new section 6810-a to
 read as follows:
   § 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.
                                                            LBD06416-01-3
 S. 6384                             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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.