Provides that a pharmacy is obligated 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6758
SPONSOR: Simone (MS) TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill will protect patients receiving drugs at a pharmacy from being
denied service based on the ethical, moral or religious beliefs of an
employee of the pharmacy.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 6808 of the education law as it
relates to requiring owners of a pharmacy to properly dispense or refill
prescription or non-prescription drugs regardless of an employee's
ethical, moral' or religious beliefs.
Section two of the bill amends section 6810 of the education law as it
relates to requiring licensed pharmacists to properly dispense or refill
prescription or non-prescription drugs regardless of their ethical,
moral or religious beliefs unless the pharmacist's employer has made a
reasonable accommodation of their beliefs which does not create an undue
hardship on the employer or patient.
Section three of the bill relates to the effective date.
JUSTIFICATION:
This bill will ensure that pharmacy customers will receive their
prescription or non-prescription drugs without delay if a pharmacist or
pharmacy employee has ethical, moral or religious objections to a
specific drug. There have been recent examples where pharmacists
objected to dispensing a drug to a customer based on their personal
beliefs causing unnecessary delays in getting the medication. In some
cases, the customer was asked to visit another pharmacy location to
receive the medication.
A pharmacy customer should not be burdened by the objections of pharmacy
employees in getting their medications. Pharmacies serve a vital role in
delivering healthcare to patients by providing quick and efficient
access to drugs and medical devices. A customer should not be told to go
to another pharmacy or have unnecessary delays due to an employee's
personal beliefs. This bill requires pharmacies and pharmacists to
provide unfettered access to their prescription or nonprescription drugs
regardless of the beliefs of the pharmacy's employees.
LEGISLATIVE HISTORY:
A.2997 of 2023-24,
A.6801 of 2021-22,
A.2891 of 2019-20,
A.11305 of 2017-18.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6758
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraph e of subdivision 2 of section 6808 of the educa-
2 tion law, as amended by chapter 62 of the laws of 1989, is amended to
3 read as follows:
4 e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
5 the strength, quality, purity and the labeling thereof of all drugs,
6 toxic substances, devices and cosmetics, dispensed or sold, subject to
7 the guaranty provisions of this article and the public health law. Every
8 owner of a pharmacy or every pharmacist in charge of a pharmacy shall be
9 responsible for the proper conduct of this pharmacy. Every pharmacy
10 shall be under the immediate supervision and management of a licensed
11 pharmacist at all hours when open. No pharmacist shall have personal
12 supervision of more than one pharmacy at the same time. Every pharmacy
13 has a responsibility to properly dispense or refill a prescription for a
14 drug or device, or a non-prescription drug or device regardless of the
15 ethical, moral or religious beliefs of any employee of such pharmacy. A
16 pharmacy may provide a reasonable accommodation for any employee who
17 holds an ethical, moral or religious belief that would prevent the
18 dispensing or refilling of prescription or non-prescription drugs or
19 devices as long as it does not create an undue hardship for the employer
20 or patient. The employee shall notify the pharmacy in writing of their
21 beliefs and which drugs or devices they cannot dispense or refill based
22 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
1 pursuant to this subdivision, the employer shall establish a procedure
2 that ensures the timely dispensing of a drug or device to the patient.
3 Such procedure shall not impose any unnecessary delay in the dispensing
4 or refilling of the drug or device, or require the patient to visit
5 another pharmacy if such drug or device is available.
6 § 2. Section 6810 of the education law is amended by adding a new
7 subdivision 16 to read as follows:
8 16. (a) No pharmacist shall refuse to dispense or refill a
9 prescription for a drug or device, or a non-prescription drug or device
10 on the grounds that dispensing such drug or device would be against
11 their ethical, moral or religious beliefs unless:
12 (i) the pharmacist has previously notified, in writing, their employer
13 of the drugs or devices in which they cannot dispense or refill based on
14 their ethical, moral or religious beliefs; and
15 (ii) the employer provides a reasonable accommodation of the
16 pharmacist's beliefs which does not create an undue hardship for either
17 the employer or patient; and
18 (b) If an employer provides a reasonable accommodation pursuant to
19 this subdivision, the employer shall establish a procedure that ensures
20 the timely dispensing of a drug or device to the patient. Such procedure
21 shall not impose any unnecessary delay in the dispensing or refilling of
22 the drug or device, or require the patient to visit another pharmacy if
23 such drug or device is available.
24 § 3. This act shall take effect immediately. Effective immediately the
25 addition, amendment and/or repeal of any rule or regulation necessary
26 for the implementation of this act on its effective date are authorized
27 to be made and completed on or before such date.
