I 

109TH CONGRESS 

1ST SESSION H. R. 1539

To amend the Public Health Service Act with respect to the responsibilities 

of a pharmacy when a pharmacist employed by the pharmacy refuses 

to fill a valid prescription for a drug on the basis of religious beliefs 

or moral convictions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2005

Mrs. MCCARTHY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL

To amend the Public Health Service Act with respect to 

the responsibilities of a pharmacy when a pharmacist 

employed by the pharmacy refuses to fill a valid prescription for a drug on the basis of religious beliefs or moral 

convictions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. RESPONSIBILITIES OF PHARMACY REGARDING 

2 REFUSAL OF PHARMACIST TO FILL VALID 

3 PRESCRIPTION. 

4 (a) IN GENERAL.—Part B of title II of the Public 

5 Health Service Act (42 U.S.C. 238 et seq.) is amended 

6 by adding at the end the following section: 

7 ‘‘SEC. 249. RESPONSIBILITIES OF PHARMACY REGARDING 

8 REFUSAL OF PHARMACIST TO FILL VALID 

9 PRESCRIPTION. 

10 ‘‘(a) IN GENERAL.—A pharmacy may not receive any 

11 prescription drug in interstate commerce unless the phar12 macy maintains compliance with the following require13 ments: 

14 ‘‘(1) If a pharmacist employed by the pharmacy 

15 refuses to fill a valid prescription for a drug on the 

16 basis of religious beliefs or moral convictions, the 

17 pharmacy ensures that the prescription is promptly 

18 filled by another pharmacist employed by the phar19 macy, not to exceed four hours after such refusal. 

20 ‘‘(2) The pharmacy does not employ any phar21 macist who—

22 ‘‘(A) with the intent to prevent a patient 

23 from filling a valid prescription for a drug, re24 fuses to return an unfilled prescription to the 

25 patient, or to transfer an unfilled prescription 
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1 to another pharmacy at the request of that 

2 pharmacy; or 

3 ‘‘(B) engages in any other conduct with 

4 such intent, other than the conduct described in 

5 paragraph (1). 

6 ‘‘(b) EMPLOYMENT AUTHORITY OF PHARMACY.—

7 Subsection (a)(1) does not affect the authority of a phar8 macy to employ a pharmacist or to terminate the employ9 ment of a pharmacist. 

10 ‘‘(c) ENFORCEMENT.—

11 ‘‘(1) CIVIL PENALTY.—A pharmacy that vio12 lates a requirement of subsection (a) is liable to the 

13 United States for a civil penalty in an amount not 

14 exceeding $100,000 for all violations litigated in a 

15 single civil action. 

16 ‘‘(2) PRIVATE CAUSE OF ACTION.—A person 

17 aggrieved as a result of a violation of a requirement 

18 of subsection (a) may, in any court of competent ju19 risdiction, commence a civil action against the phar20 macy involved to obtain appropriate relief, including 

21 actual and punitive damages, injunctive relief, and a 

22 reasonable attorney’s fee and cost. 

23 ‘‘(3) LIMITATIONS.—A civil action under para24 graph (1) or (2) may not be commenced against a 

25 pharmacy after the expiration of the five-year period 
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1 beginning on the date on which the pharmacy alleg2 edly engaged in the violation involved. 

3 ‘‘(d) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) The term ‘pharmacist’ means a person li5 censed by a State to practice pharmacy, including 

6 the dispensing and selling of prescription drugs. 

7 ‘‘(2) The term ‘pharmacy’ means a person 

8 who—

9 ‘‘(A) is licensed by a State to engage in the 

10 business of selling prescription drugs at retail; 

11 and 

12 ‘‘(B) employs one or more pharmacists. 

13 ‘‘(3) The term ‘prescription drug’ means a drug 

14 that is subject to section 503(b)(1) of the Federal 

15 Food, Drug, and Cosmetic Act. 

16 ‘‘(4) The term ‘valid’, with respect to a pre17 scription, means a prescription within the meaning 

18 of section 503(b)(1) of the Federal Food, Drug, and 

19 Cosmetic Act that is in compliance with applicable 

20 law, including, in the case of a prescription for a 

21 drug that is a controlled substance, compliance with 

22 regulations under section 309 of the Controlled Sub23 stances Act (part 1306 of title 21, Code of Federal 

24 Regulations, or successor regulations).’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) takes effect upon the expiration of 30 days 

3 after the date of the enactment of this Act, without regard 

4 to whether the Secretary of Health and Human Services 

5 has issued any guidance or final rule regarding such 

6 amendment.

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