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Pharmacists refusing to dispense certain prescriptionsbirth control
HF 3032 would allow pharmacists to refuse to dispense birth control or emergency contraceptives if the pharmacist finds doing so to be "morally objectionable." A companion bill is SF2647.
It received a second reading in the Senate but was not enacted or voted upon. In the House, it received the blessing of one committee and then died.
It received a second reading in the Senate but was not enacted or voted upon. In the House, it received the blessing of one committee and then died.
SORT VOTES BY: Name | District | Party | Vote Health and Family Security Committee approval
April 4, 2006 (SF 2647)
The bill specifies that a pharmacist may refuse based on the pharmacist's professional training and judgment that dispensing the drug would adversely affect the patient's condition or if the drug or device is not in stock. In addition, the bill specifies that a pharmacist may refuse on a sincerely held religious belief. In such an instance, the bill specifies that the pharmacist may only refuse if the pharmacist's objection can be reasonably accommodated without imposing undue hardship on the patient or the employer and the pharmacy has established protocols ensuring timely access to the prescribed drug or device. The bill goes on to specify the factors to be considered when determining whether reasonable accommodations can be made. Under the bill, the factors include whether the proposed accommodation ensures timely access to the drug or device, the employer's financial costs in implementing the accommodation and the potential impact on the pharmacy's reputation due to failure to timely prescription services. The measure also allows a pharmacy to require employees or potential employees to notify the pharmacy in writing of the categories or types of prescriptions the pharmacist refuses to dispense. (Senate E-Briefly) Approval sent the measure to the Senate floor.
Result: Passed
House Health Policy and Finance Committee approval
March 8, 2006 (HF3032)
The House Health Policy and Finance Committee approved HF3032, which would prohibit pharmacists from refusing to provide a prescribed drug or device except in specific instances, and sent it to the full House. Rep. Tom Emmer (R-Delano) is the sponsor. The circumstances under which a pharmacist can refuse a prescription would be: if a pharmacist determines – based on their training and judgment -- a drug would cause medical problems, the drug or device is out of stock (in which the pharmacist would offer alternatives to the patient), if the pharmacist has an objection -- ethical, moral or religious -- to the prescribed drug or device, and if no payment is received, according to the public information office of the House of Representatives. A pharmacist may decline to dispense a prescription drug or device on this basis only if the employer has previously been notified by the pharmacist, in writing, of the drug or class of drugs to which the pharmacist objects, and the pharmacist's employer can, without creating undue hardship, provide a reasonable accommodation of the pharmacist's objection. The pharmacist's employer would be required to establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the pharmacist's refusal to dispense the prescription or order, according to the bill.
Result: Passed
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