S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6758
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- Multi-Sponsored by -- M. of A. BURDICK,
   CRUZ,  DAVILA, DINOWITZ, GLICK, SIMON, STIRPE, WEPRIN -- read once and
   referred to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to the  obligation  of  a
   pharmacy  to  properly dispense or refill a prescription for a drug or
   device, or  a  non-prescription  drug  or  device  regardless  of  the
   ethical, moral or religious beliefs of any employee of such pharmacy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph e of subdivision 2 of section 6808 of the  educa-
 tion  law,  as  amended by chapter 62 of the laws of 1989, is amended to
 read as follows:
   e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
 the strength, quality, purity and the labeling  thereof  of  all  drugs,
 toxic  substances,  devices and cosmetics, dispensed or sold, subject to
 the guaranty provisions of this article and the public health law. Every
 owner of a pharmacy or every pharmacist in charge of a pharmacy shall be
 responsible for the proper conduct  of  this  pharmacy.  Every  pharmacy
 shall  be  under  the immediate supervision and management of a licensed
 pharmacist at all hours when open. No  pharmacist  shall  have  personal
 supervision  of more than one pharmacy at the same time.  EVERY PHARMACY
 HAS A RESPONSIBILITY TO PROPERLY DISPENSE OR REFILL A PRESCRIPTION FOR A
 DRUG OR DEVICE, OR A NON-PRESCRIPTION DRUG OR DEVICE REGARDLESS  OF  THE
 ETHICAL,  MORAL OR RELIGIOUS BELIEFS OF ANY EMPLOYEE OF SUCH PHARMACY. A
 PHARMACY MAY PROVIDE A REASONABLE ACCOMMODATION  FOR  ANY  EMPLOYEE  WHO
 HOLDS  AN  ETHICAL,  MORAL  OR  RELIGIOUS  BELIEF THAT WOULD PREVENT THE
 DISPENSING OR REFILLING OF PRESCRIPTION  OR  NON-PRESCRIPTION  DRUGS  OR
 DEVICES AS LONG AS IT DOES NOT CREATE AN UNDUE HARDSHIP FOR THE EMPLOYER
 OR  PATIENT.  THE EMPLOYEE SHALL NOTIFY THE PHARMACY IN WRITING OF THEIR
 BELIEFS AND WHICH DRUGS OR DEVICES THEY CANNOT DISPENSE OR REFILL  BASED
 ON  SUCH  BELIEFS.  IF  AN  EMPLOYER PROVIDES A REASONABLE ACCOMMODATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08821-01-5
              

 A. 6758                             2
 
 PURSUANT TO THIS SUBDIVISION, THE EMPLOYER SHALL ESTABLISH  A  PROCEDURE
 THAT  ENSURES  THE TIMELY DISPENSING OF A DRUG OR DEVICE TO THE PATIENT.
 SUCH PROCEDURE SHALL NOT IMPOSE ANY UNNECESSARY DELAY IN THE  DISPENSING
 OR  REFILLING  OF  THE  DRUG  OR DEVICE, OR REQUIRE THE PATIENT TO VISIT
 ANOTHER PHARMACY IF SUCH DRUG OR DEVICE IS AVAILABLE.
   § 2. Section 6810 of the education law is  amended  by  adding  a  new
 subdivision 16 to read as follows:
   16.   (A)   NO  PHARMACIST  SHALL  REFUSE  TO  DISPENSE  OR  REFILL  A
 PRESCRIPTION FOR A DRUG OR DEVICE, OR A NON-PRESCRIPTION DRUG OR  DEVICE
 ON  THE  GROUNDS  THAT  DISPENSING  SUCH DRUG OR DEVICE WOULD BE AGAINST
 THEIR ETHICAL, MORAL OR RELIGIOUS BELIEFS UNLESS:
   (I) THE PHARMACIST HAS PREVIOUSLY NOTIFIED, IN WRITING, THEIR EMPLOYER
 OF THE DRUGS OR DEVICES IN WHICH THEY CANNOT DISPENSE OR REFILL BASED ON
 THEIR ETHICAL, MORAL OR RELIGIOUS BELIEFS; AND
   (II)  THE  EMPLOYER  PROVIDES  A  REASONABLE  ACCOMMODATION   OF   THE
 PHARMACIST'S  BELIEFS WHICH DOES NOT CREATE AN UNDUE HARDSHIP FOR EITHER
 THE EMPLOYER OR PATIENT; AND
   (B) IF AN EMPLOYER PROVIDES A  REASONABLE  ACCOMMODATION  PURSUANT  TO
 THIS  SUBDIVISION, THE EMPLOYER SHALL ESTABLISH A PROCEDURE THAT ENSURES
 THE TIMELY DISPENSING OF A DRUG OR DEVICE TO THE PATIENT. SUCH PROCEDURE
 SHALL NOT IMPOSE ANY UNNECESSARY DELAY IN THE DISPENSING OR REFILLING OF
 THE DRUG OR DEVICE, OR REQUIRE THE PATIENT TO VISIT ANOTHER PHARMACY  IF
 SUCH DRUG OR DEVICE IS AVAILABLE.
   § 3. This act shall take effect immediately. Effective immediately the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.