Bill Text: NY A02997 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A02997 Detail]

Download: New_York-2023-A02997-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2997

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI,  STIRPE,  DINOWITZ, FAHY, DAVILA,
          WEPRIN, DICKENS, BURDICK, CRUZ, SILLITTI, GLICK, SIMON  --  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.
                                                                   LBD07497-01-3
        A. 2997                             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,  his  or  her
    13  employer of the drugs or devices in which they cannot dispense or refill
    14  based on 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.