[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

_______________________________________________________________________

                                 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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