S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4659

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced by M. of A. LIFTON, JAFFEE, CASTRO, PAULIN -- Multi-Sponsored
  by  --  M.  of A. BING, GLICK, WEISENBERG -- 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:

  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.
  S  2.  The  education law is amended by adding a new section 6810-a to
read as follows:
  S 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.
                                                           LBD01130-01-1
              

A. 4659                             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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.