II 

109TH CONGRESS 

1ST SESSION S. 809 

To establish certain duties for pharmacies when pharmacists employed by 

the pharmacies refuse to fill valid prescriptions for drugs or devices 

on the basis of personal beliefs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005 

Mr. LAUTENBERG (for himself, Mr. CORZINE, and Mrs. BOXER) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To establish certain duties for pharmacies when pharmacists 

employed by the pharmacies refuse to fill valid prescriptions for drugs or devices on the basis of personal beliefs, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Legal Phar5 maceuticals Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 
2 

•S 809 IS

1 (1) An individual’s right to religious belief and 

2 worship is a protected, fundamental right in the 

3 United States. 

4 (2) An individual’s right to access legal contra5 ception is a protected, fundamental right in the 

6 United States. 

7 (3) An individual’s right to religious belief and 

8 worship cannot impede an individual’s access to legal 

9 prescriptions, including contraception. 

10 SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO RE11 FUSAL OF PHARMACISTS TO FILL VALID PRE12 SCRIPTIONS. 

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

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

15 by adding at the end the following section: 

16 ‘‘SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO RE17 FUSAL OF PHARMACISTS TO FILL VALID PRE18 SCRIPTIONS. 

19 ‘‘(a) IN GENERAL.—A pharmacy that receives pre20 scription drugs or prescription devices in interstate com21 merce shall maintain compliance with the following condi22 tions: 

23 ‘‘(1) If a product is in stock and a pharmacist 

24 employed by the pharmacy refuses on the basis of a 

25 personal belief to fill a valid prescription for the 
3 

•S 809 IS

1 product, the pharmacy ensures, subject to the con2 sent of the individual presenting the prescription in 

3 any case in which the individual has reason to know 

4 of the refusal, that the prescription is, without delay, 

5 filled by another pharmacist employed by the phar6 macy. 

7 ‘‘(2) Subject to subsection (b), if a product is 

8 not in stock and a pharmacist employed by the phar9 macy refuses on the basis of a personal belief or on 

10 the basis of pharmacy policy to order or to offer to 

11 order the product when presented a valid prescrip12 tion for the product— 

13 ‘‘(A) the pharmacy ensures that the indi14 vidual presenting the prescription is imme15 diately informed that the product is not in 

16 stock but can be ordered by the pharmacy; and 

17 ‘‘(B) the pharmacy ensures, subject to the 

18 consent of the individual, that the product is, 

19 without delay, ordered by another pharmacist 

20 employed by the pharmacy. 

21 ‘‘(3) The pharmacy does not employ any phar22 macist who engages in any conduct with the intent 

23 to prevent or deter an individual from filling a valid 

24 prescription for a product or from ordering the prod-
4 

•S 809 IS

1 uct (other than the specific conduct described in 

2 paragraph (1) or (2)), including— 

3 ‘‘(A) the refusal to return a prescription 

4 form to the individual after refusing to fill the 

5 prescription or order the product, if the indi6 vidual requests the return of such form; 

7 ‘‘(B) the refusal to transfer prescription 

8 information to another pharmacy for refill dis9 pensing when such a transfer is lawful, if the 

10 individual requests such transfer; 

11 ‘‘(C) subjecting the individual to humilia12 tion or otherwise harassing the individual; or 

13 ‘‘(D) breaching medical confidentiality with 

14 respect to the prescription or threatening to 

15 breach such confidentiality. 

16 ‘‘(b) PRODUCTS NOT ORDINARILY STOCKED.—Sub17 section (a)(2) applies only with respect to a pharmacy or18 dering a particular product for an individual presenting 

19 a valid prescription for the product, and does not require 

20 the pharmacy to keep such product in stock, except that 

21 such subsection has no applicability with respect to a prod22 uct for a health condition if the pharmacy does not keep 

23 in stock any product for such condition. 

24 ‘‘(c) ENFORCEMENT.— 
5 

•S 809 IS

1 ‘‘(1) CIVIL PENALTY.—A pharmacy that vio2 lates a requirement of subsection (a) is liable to the 

3 United States for a civil penalty in an amount not 

4 exceeding $5,000 per day of violation, and not to ex5 ceed $500,000 for all violations adjudicated in a sin6 gle proceeding. 

7 ‘‘(2) PRIVATE CAUSE OF ACTION.—Any person 

8 aggrieved as a result of a violation of a requirement 

9 of subsection (a) may, in any court of competent ju10 risdiction, commence a civil action against the phar11 macy involved to obtain appropriate relief, including 

12 actual and punitive damages, injunctive relief, and a 

13 reasonable attorney’s fee and cost. 

14 ‘‘(3) LIMITATIONS.—A civil action under para15 graph (1) or (2) may not be commenced against a 

16 pharmacy after the expiration of the five-year period 

17 beginning on the date on which the pharmacy alleg18 edly engaged in the violation involved. 

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

20 ‘‘(1) The term ‘employ’, with respect to the 

21 services of a pharmacist, includes entering into a 

22 contract for the provision of such services. 

23 ‘‘(2) The term ‘pharmacist’ means a person au24 thorized by a State to practice pharmacy, including 

25 the dispensing and selling of prescription drugs. 
6 

•S 809 IS

1 ‘‘(3) The term ‘pharmacy’ means a person 

2 who— 

3 ‘‘(A) is authorized by a State to engage in 

4 the business of selling prescription drugs at re5 tail; and 

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

7 ‘‘(4) The term ‘prescription device’ means a de8 vice whose sale at retail is restricted under section 

9 520(e)(1) of the Federal Food, Drug, and Cosmetic 

10 Act. 

11 ‘‘(5) The term ‘prescription drug’ means a drug 

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

13 Food, Drug, and Cosmetic Act. 

14 ‘‘(6) The term ‘product’ means a prescription 

15 drug or a prescription device. 

16 ‘‘(7) The term ‘valid’, with respect to a pre17 scription, means— 

18 ‘‘(A) in the case of a drug, a prescription 

19 within the meaning of section 503(b)(1) of the 

20 Federal Food, Drug, and Cosmetic Act that is 

21 in compliance with applicable law, including, in 

22 the case of a prescription for a drug that is a 

23 controlled substance, compliance with part 1306 

24 of title 21, Code of Federal Regulations, or suc25 cessor regulations; and 
7 

•S 809 IS

1 ‘‘(B) in the case of a device, an authoriza2 tion of a practitioner within the meaning of sec3 tion 520(e)(1) of such Act that is in compliance 

4 with applicable law. 

5 ‘‘(8) The term ‘without delay’, with respect to 

6 a pharmacy filling a prescription for a product or or7 dering the product, means within the usual and cus8 tomary timeframe at the pharmacy for filling pre9 scriptions for products for the health condition in10 volved or for ordering such products, respectively.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

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

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

14 to whether the Secretary of Health and Human Services 

15 has issued any guidance or final rule regarding such 

16 amendment. 

Æ