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; requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.
STATE OF NEW YORK
________________________________________________________________________
9487
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred 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:
1 Section 1. Legislative findings. The legislature finds that an indi-
2 vidual's right to religious beliefs and worship is a protected, funda-
3 mental right in the state of New York and that an individual's right to
4 access legal contraception is a protected, fundamental right in the
5 state of New York. The legislature thereby recognizes that an individ-
6 ual's right to religious belief and worship cannot impede an individ-
7 ual's access to legal prescriptions, including contraception.
8 § 2. The education law is amended by adding a new section 6810-a to
9 read as follows:
10 § 6810-a. Duties of a pharmacy; filling valid prescriptions. 1. A
11 pharmacy receiving and filling prescriptions shall maintain compliance
12 with the following conditions:
13 (a) if a product is in stock and a pharmacist employed by a pharmacy
14 refuses on the basis of a personal belief to fill a valid prescription
15 for such product, the pharmacy ensures, subject to the consent of the
16 individual presenting the prescription in any case in which the individ-
17 ual has reason to know of the refusal, that the prescription is, without
18 delay, filled by another pharmacist employed by such pharmacy; or
19 (b) subject to the provisions of subparagraph (ii) of this paragraph,
20 if a product is not in stock and a pharmacist employed by the pharmacy
21 refuses on the basis of a personal belief or on the basis of pharmacy
22 policy to order or to offer to order the product when presented with a
23 valid prescription for the product, the pharmacy shall ensure:
24 (i) that the individual presenting the prescription is immediately
25 informed that the product is not in stock but may be ordered by the
26 pharmacy; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06416-01-3
A. 9487 2
1 (ii) subject to the consent of the individual, that the product is,
2 without delay, ordered by another pharmacist employed by such pharmacy.
3 2. The pharmacy shall not employ any pharmacist who engages in any
4 conduct with the intent to prevent or deter an individual from filling a
5 valid prescription for a product or from ordering such product, other
6 than the specific conduct described in subdivision one of this section,
7 including:
8 (a) the refusal to return a prescription form to the individual after
9 refusing to fill the prescription or order the product, if the individ-
10 ual requests the return of such form;
11 (b) the refusal to transfer prescription information to another phar-
12 macy for refill dispensing when such a transfer is lawful, if the indi-
13 vidual requests such transfer;
14 (c) subjecting the individual to humiliation or otherwise harassing
15 the individual; or
16 (d) breaching medical confidentiality with respect to the prescription
17 or threatening to breach such confidentiality.
18 3. Products that are not ordinarily stocked shall apply only with
19 respect to a pharmacy ordering a particular product for an individual
20 presenting a valid prescription for the product, and does not require
21 the pharmacy to keep such product in stock; provided, however, that the
22 provisions of this subdivision have no applicability with respect to a
23 product for a health condition if the pharmacy does not keep in stock
24 any product for such condition.
25 4. Any pharmacy in violation of the provisions of this section shall
26 be subject to a civil penalty of not more than five thousand dollars per
27 day of violation, not to exceed five hundred thousand dollars for all
28 violations adjudicated in a single proceeding.
29 5. Any person aggrieved as a result of a violation of a requirement of
30 subdivision one of this section may, in any court of competent jurisdic-
31 tion, commence a civil action against the pharmacy involved to obtain
32 appropriate relief, including actual and punitive damages, injunctive
33 relief, and a reasonable attorney's fee and cost.
34 6. A civil action pursued under the provisions of subdivision four or
35 five of this section may not be commenced against a pharmacy after the
36 expiration of the five-year period beginning on the date on which the
37 pharmacy allegedly engaged in the violation involved.
38 7. For the purposes of this section, the following terms shall have
39 the following meanings:
40 (a) The term "employ", with respect to the services of a pharmacist,
41 includes entering into a contract for the provisions of such services;
42 (b) The term "without delay", with respect to a pharmacy filling a
43 prescription for a product or ordering the product, means within the
44 usual and customary timeframe at the pharmacy for filling prescriptions
45 for products for the health condition involved or for ordering such
46 products, respectively.
47 § 3. This act shall take effect on the one hundred eightieth day after
48 it shall have become a law.
