S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2891
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, DenDEKKER, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01568-01-9

 A. 2891                             2
 
 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.
   § 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.