BILL NUMBER:S2492

TITLE OF BILL:

An act to amend the education law, in relation to prohibiting
pharmacists from refusing to dispense medication solely for
philosophical, moral, or religious reasons

PURPOSE:

To prohibit a pharmacist from refusing to dispense or refill a
Prescription or non-prescription drug approved by the U.S. Food and
Drug Administration solely on the grounds that the dispensing or
refill of the prescription or non-prescription would contravene the
pharmacist's philosophical, moral or religious beliefs.

SUMMARY OF PROVISIONS:

Section 1 amends § 6810 of the Education Law to provide that no
pharmacist may refuse to dispense or refill a prescription or
non-prescription drug approved by the U.S. Food and Drug
administration solely based on the pharmacist's philosophical, moral
or religious beliefs.

§ 2 is the effective date.

              

EXISTING LAW:

New York State law does not currently have any statutory prohibition
on so-called "pharmacist refusals."

JUSTIFICATION:

As part of a broadening anti-choice strategy, an increasing number of
physicians are refusing to write prescriptions for contraception and
more pharmacists are refusing to dispense birth control, including
emergency contraception (formerly known as the "morning-after pill").
Some states (Arkansas, Georgia, Mississippi and South Dakota) have
enacted statutes that explicitly permit pharmacists to refuse to
furnish contraceptives, or any prescription based on his or her moral
beliefs. No state has enacted a statutory ban on "pharmacist
refusals," although Massachusetts, Illinois and Wisconsin have taken
administrative actions to prohibit the practice.

Prescription refusal is a disturbing trend that can jeopardize woman's
reproductive health. Denying women their rights to timely access to
health care is an act of discrimination that could lead to an
increased number of unintended pregnancies.

Some pharmacists even go so far as to lecture women, humiliate them in
public, or refuse to hand back the prescription after they refuse to
fill it.

Illinois was the first state to issue a statewide regulation to
address this growing problem. In April 2005, the Governor issued an
emergency rule that requires pharmacies that stock emergency
contraception to accept and fill prescriptions for contraceptives


without delay. The Governor acted in response to complaints from two
women who said that a Chicago pharmacist had refused to fill their
prescriptions for emergency contraception.

Although the total number of pharmacist refusal incidents is unknown,
reports of pharmacist refusal date back to 1990. An April, 2005 New
York Times editorial cites some 180 reports of refusals in a six-month
period last year. Planned Parenthood has documented incidents in
Georgia, Texas, Wisconsin, Illinois (Chicago), and New Hampshire. To
date, there have not been any reported incidents in New York.

The moral or religious beliefs of a person's health care provider
should not limit their access to basic health care. The refusal to
fill a lawfully issued prescription is an indefensible abuse of power
by pharmacists and an act of discrimination against women. Health care
providers such as pharmacists have no business forcing their own moral
or ethical views onto customers who may not share them, and those who
cannot dispense medicines lawfully prescribed should seek other
employment.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Takes effect on the first of November next succeeding the date it
shall have become law.