[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1539 Introduced in House (IH)]
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
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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 prescription 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 Representatives 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 pharmacy maintains compliance with
the following requirements:
``(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 pharmacy, not to exceed four hours after such refusal.
``(2) The pharmacy does not employ any pharmacist who--
``(A) with the intent to prevent a patient from
filling a valid prescription for a drug, refuses 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 pharmacy to employ a pharmacist or to
terminate the employment of a pharmacist.
``(c) Enforcement.--
``(1) Civil penalty.--A pharmacy that violates 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 jurisdiction, commence a civil action
against the pharmacy 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 paragraph (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 allegedly engaged in the violation involved.
``(d) Definitions.--For purposes of this section:
``(1) The term `pharmacist' means a person licensed 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 prescription,
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 Substances 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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