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 prescrip-
tion for a drug on the basis of religious beliefs or moral 
convictions, 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. RESPONSIBILITIES OF PHARMACY REGARDING 
REFUSAL OF PHARMACIST TO FILL VALID 
PRESCRIPTION. 
(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. RESPONSIBILITIES OF PHARMACY REGARDING 
REFUSAL OF PHARMACIST TO FILL VALID 
PRESCRIPTION. 
‘‘(a) IN GENERAL.—A pharmacy may not receive any 
prescription drug in interstate commerce unless the phar-
macy maintains compliance with the following require-
ments: 
‘‘(1) If a pharmacist employed by the pharmacy 
refuses to fill a valid prescription for a drug on the 
basis of religious beliefs or moral convictions, the 
pharmacy ensures that the prescription is promptly 
filled by another pharmacist employed by the phar-
macy, not to exceed four hours after such refusal. 
‘‘(2) The pharmacy does not employ any phar-
macist who—
‘‘(A) with the intent to prevent a patient 
from filling a valid prescription for a drug, re-
fuses to return an unfilled prescription to the 
patient, or to transfer an unfilled prescription
to another pharmacy at the request of that 
pharmacy; or 
‘‘(B) engages in any other conduct with 
such intent, other than the conduct described in 
paragraph (1). 
‘‘(b) EMPLOYMENT AUTHORITY
OF PHARMACY.—
Subsection (a)(1) does not affect the authority of a phar-
macy to employ a pharmacist or to terminate the employ-
ment of a pharmacist. 
‘‘(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 $100,000 for all violations litigated in a 
single civil action. 
‘‘(2) PRIVATE
CAUSE
OF
ACTION.—A 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 ‘pharmacist’ means a person li-
censed by a State to practice pharmacy, including 
the dispensing and selling of prescription drugs. 
‘‘(2) The term ‘pharmacy’ means a person 
who—
‘‘(A) is licensed by a State to engage in the 
business of selling prescription drugs at retail; 
and 
‘‘(B) employs one or more pharmacists. 
‘‘(3) The term ‘prescription drug’ means a drug 
that is subject to section 503(b)(1) of the Federal 
Food, Drug, and Cosmetic Act. 
‘‘(4) The term ‘valid’, with respect to a pre-
scription, means a prescription within the meaning 
of section 503(b)(1) of the Federal Food, Drug, and 
Cosmetic Act that is in compliance with applicable 
law, including, in the case of a prescription for a 
drug that is a controlled substance, compliance with 
regulations under section 309 of the Controlled Sub-
stances Act (part 1306 of title 21, Code of Federal 
Regulations, or successor regulations).’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) takes effect upon the expiration of 30 days 
after the date of the enactment of this Act, without regard 
to whether the Secretary of Health and Human Services 
has issued any guidance or final rule regarding such 
amendment.
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