STATE OF NEW YORK
        ________________________________________________________________________
                                          11305
                   IN ASSEMBLY
                                     August 15, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski,
          DenDekker,  Pellegrino,  Stirpe,  Niou,  Dinowitz,  Fahy,   Fernandez,
          D'Urso, Davila, Gottfried, Abinanti, Weprin, Dickens) -- 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
    23  pursuant  to  this subdivision, the employer shall establish a procedure
    24  that ensures the timely dispensing of a drug or device to  the  patient.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16400-01-8

        A. 11305                            2
     1  Such  procedure shall not impose any unnecessary delay in the dispensing
     2  or refilling of the drug or device, or  require  the  patient  to  visit
     3  another pharmacy if such drug or device is available.
     4    §  2.  Section  6810  of  the education law is amended by adding a new
     5  subdivision 16 to read as follows:
     6    16.  (a)  No  pharmacist  shall  refuse  to  dispense  or   refill   a
     7  prescription  for a drug or device, or a non-prescription drug or device
     8  on the grounds that dispensing such drug  or  device  would  be  against
     9  their ethical, moral or religious beliefs unless:
    10    (i)  the  pharmacist  has  previously notified, in writing, his or her
    11  employer of the drugs or devices in which they cannot dispense or refill
    12  based on their ethical, moral or religious beliefs; and
    13    (ii)  the  employer  provides  a  reasonable  accommodation   of   the
    14  pharmacist's  beliefs which does not create an undue hardship for either
    15  the employer or patient; and
    16    (b) If an employer provides a  reasonable  accommodation  pursuant  to
    17  this  subdivision, the employer shall establish a procedure that ensures
    18  the timely dispensing of a drug or device to the patient. Such procedure
    19  shall not impose any unnecessary delay in the dispensing or refilling of
    20  the drug or device, or require the patient to visit another pharmacy  if
    21  such drug or device is available.
    22    § 3. This act shall take effect immediately. Effective immediately the
    23  addition,  amendment  and/or  repeal of any rule or regulation necessary
    24  for the implementation of this act on its effective date are  authorized
    25  to be made on or before such date.