S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11305
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1. Paragraph e of subdivision 2 of section 6808 of the educa-
 tion law, as amended by chapter 62 of the laws of 1989,  is  amended  to
 read as follows:
   e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
 the  strength,  quality,  purity  and the labeling thereof of all drugs,
 toxic substances, devices and cosmetics, dispensed or sold,  subject  to
 the guaranty provisions of this article and the public health law. Every
 owner of a pharmacy or every pharmacist in charge of a pharmacy shall be
 responsible  for  the  proper  conduct  of this pharmacy. Every pharmacy
 shall be under the immediate supervision and management  of  a  licensed
 pharmacist  at  all  hours  when open. No pharmacist shall have personal
 supervision of more than one pharmacy at the same time.  EVERY  PHARMACY
 HAS A RESPONSIBILITY 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.  A
 PHARMACY  MAY  PROVIDE  A  REASONABLE ACCOMMODATION FOR ANY EMPLOYEE WHO
 HOLDS AN ETHICAL, MORAL OR  RELIGIOUS  BELIEF  THAT  WOULD  PREVENT  THE
 DISPENSING  OR  REFILLING  OF  PRESCRIPTION OR NON-PRESCRIPTION DRUGS OR
 DEVICES AS LONG AS IT DOES NOT CREATE AN UNDUE HARDSHIP FOR THE EMPLOYER
 OR PATIENT. THE EMPLOYEE SHALL NOTIFY THE PHARMACY IN WRITING  OF  THEIR
 BELIEFS  AND WHICH DRUGS OR DEVICES THEY CANNOT DISPENSE OR REFILL BASED
 ON SUCH BELIEFS. IF AN  EMPLOYER  PROVIDES  A  REASONABLE  ACCOMMODATION
 PURSUANT  TO  THIS SUBDIVISION, THE EMPLOYER SHALL ESTABLISH A PROCEDURE
 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
 
 SUCH  PROCEDURE SHALL NOT IMPOSE ANY UNNECESSARY DELAY IN THE DISPENSING
 OR REFILLING OF THE DRUG OR DEVICE, OR  REQUIRE  THE  PATIENT  TO  VISIT
 ANOTHER PHARMACY IF SUCH DRUG OR DEVICE IS AVAILABLE.
   §  2.  Section  6810  of  the education law is amended by adding a new
 subdivision 16 to read as follows:
   16.  (A)  NO  PHARMACIST  SHALL  REFUSE  TO  DISPENSE  OR   REFILL   A
 PRESCRIPTION  FOR A DRUG OR DEVICE, OR A NON-PRESCRIPTION DRUG OR DEVICE
 ON THE GROUNDS THAT DISPENSING SUCH DRUG  OR  DEVICE  WOULD  BE  AGAINST
 THEIR ETHICAL, MORAL OR RELIGIOUS BELIEFS UNLESS:
   (I)  THE  PHARMACIST  HAS  PREVIOUSLY NOTIFIED, IN WRITING, HIS OR HER
 EMPLOYER OF THE DRUGS OR DEVICES IN WHICH THEY CANNOT DISPENSE OR REFILL
 BASED ON THEIR ETHICAL, MORAL OR RELIGIOUS BELIEFS; AND
   (II)  THE  EMPLOYER  PROVIDES  A  REASONABLE  ACCOMMODATION   OF   THE
 PHARMACIST'S  BELIEFS WHICH DOES NOT CREATE AN UNDUE HARDSHIP FOR EITHER
 THE EMPLOYER OR PATIENT; AND
   (B) IF AN EMPLOYER PROVIDES A  REASONABLE  ACCOMMODATION  PURSUANT  TO
 THIS  SUBDIVISION, THE EMPLOYER SHALL ESTABLISH A PROCEDURE THAT ENSURES
 THE TIMELY DISPENSING OF A DRUG OR DEVICE TO THE PATIENT. SUCH PROCEDURE
 SHALL NOT IMPOSE ANY UNNECESSARY DELAY IN THE DISPENSING OR REFILLING OF
 THE DRUG OR DEVICE, OR REQUIRE THE PATIENT TO VISIT ANOTHER PHARMACY  IF
 SUCH DRUG OR DEVICE IS AVAILABLE.
   § 3. This act shall take effect immediately. Effective immediately the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made on or before such date.