I 
109TH CONGRESS 
1ST SESSION H. R. 1652 
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 HOUSE OF REPRESENTATIVES 
APRIL 14, 2005 
Mrs. MALONEY (for herself, Mr. BROWN of Ohio, Mr. DEFAZIO, Ms. 
WASSERMAN SCHULTZ, Mrs. JONES of Ohio, Mr. SHAYS, Mr. GEORGE 
MILLER of California, Mr. GUTIERREZ, Ms. BALDWIN, Mr. MORAN of 
Virginia, Mr. CROWLEY, Mr. KENNEDY of Rhode Island, Mrs. CAPPS, 
Mr. MCGOVERN, Ms. CARSON, Mrs. DAVIS of California, Mr. BRADY of 
Pennsylvania, and Ms. ZOE LOFGREN of California) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To establish certain duties for pharmacies when pharmacists 
employed by the pharmacies refuse to fill valid prescrip-
tions for drugs or devices on the basis of personal beliefs, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Legal Phar-
maceuticals Act’’.
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) An individual’s right to religious belief and 
worship is a protected, fundamental right in the 
United States. 
(2) An individual’s right to access legal contra-
ception is a protected, fundamental right in the 
United States. 
(3) An individual’s right to religious belief and 
worship cannot impede an individual’s access to legal 
prescriptions, including contraception. 
SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO RE-
FUSAL OF PHARMACISTS TO FILL VALID PRE-
SCRIPTIONS. 
(a) IN GENERAL.—Part B of title II of the Public 
Health Service Act (42 U.S.C. 238 et seq.) is amended 
by adding at the end the following section: 
‘‘SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO RE-
FUSAL OF PHARMACISTS TO FILL VALID PRE-
SCRIPTIONS. 
‘‘(a) IN GENERAL.—A pharmacy that receives pre-
scription drugs or prescription devices in interstate com-
merce shall maintain compliance with the following condi-
tions: 
‘‘(1) If a product is in stock and a pharmacist 
employed by the pharmacy refuses on the basis of a
personal belief to fill a valid prescription for the 
product, the pharmacy ensures, subject to the con-
sent of the individual presenting the prescription in 
any case in which the individual has reason to know 
of the refusal, that the prescription is, without delay, 
filled by another pharmacist employed by the phar-
macy. 
‘‘(2) Subject to subsection (b), if a product is 
not in stock and a pharmacist employed by the phar-
macy refuses on the basis of a personal belief or on 
the basis of pharmacy policy to order or to offer to 
order the product when presented a valid prescrip-
tion for the product— 
‘‘(A) the pharmacy ensures that the indi-
vidual presenting the prescription is imme-
diately informed that the product is not in 
stock but can be ordered by the pharmacy; and 
‘‘(B) the pharmacy ensures, subject to the 
consent of the individual, that the product is, 
without delay, ordered by another pharmacist 
employed by the pharmacy. 
‘‘(3) The pharmacy does not employ any phar-
macist who engages in any conduct with the intent 
to prevent or deter an individual from filling a valid 
prescription for a product or from ordering the prod-
uct (other than the specific conduct described in 
paragraph (1) or (2)), including— 
‘‘(A) the refusal to return a prescription 
form to the individual after refusing to fill the 
prescription or order the product, if the indi-
vidual requests the return of such form; 
‘‘(B) the refusal to transfer prescription 
information to another pharmacy for refill dis-
pensing when such a transfer is lawful, if the 
individual requests such transfer; 
‘‘(C) subjecting the individual to humilia-
tion or otherwise harassing the individual; or 
‘‘(D) breaching medical confidentiality with 
respect to the prescription or threatening to 
breach such confidentiality. 
‘‘(b) PRODUCTS NOT ORDINARILY STOCKED.—Sub-
section (a)(2) applies only with respect to a pharmacy or-
dering a particular product for an individual presenting 
a valid prescription for the product, and does not require 
the pharmacy to keep such product in stock, except that 
such subsection has no applicability with respect to a prod-
uct for a health condition if the pharmacy does not keep 
in stock any product for such condition. 
‘‘(c) ENFORCEMENT.—
‘‘(1) CIVIL PENALTY.—A pharmacy that vio-
lates a requirement of subsection (a) is liable to the 
United States for a civil penalty in an amount not 
exceeding $5,000 per day of violation, not to exceed 
$500,000 for all violations adjudicated in a single 
proceeding. 
‘‘(2) PRIVATE CAUSE OF ACTION.—Any person 
aggrieved as a result of a violation of a requirement 
of subsection (a) may, in any court of competent ju-
risdiction, commence a civil action against the phar-
macy involved to obtain appropriate relief, including 
actual and punitive damages, injunctive relief, and a 
reasonable attorney’s fee and cost. 
‘‘(3) LIMITATIONS.—A civil action under para-
graph (1) or (2) may not be commenced against a 
pharmacy after the expiration of the five-year period 
beginning on the date on which the pharmacy alleg-
edly engaged in the violation involved. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘employ’, with respect to the 
services of a pharmacist, includes entering into a 
contract for the provision of such services. 
‘‘(2) The term ‘pharmacist’ means a person au-
thorized by a State to practice pharmacy, including 
the dispensing and selling of prescription drugs.