Protection of Conscience Project
Proposed Legislation
United States (States & Territories)

HF2891

SF2919

HF3032

SF2647

H.F No. 65

A bill for an act relating to health; providing for the protection of conscience and religious liberty in health care; proposing coding for new law in Minnesota Statutes, chapters 62Q; and 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [62Q.125] [HEALTH CARE CONSCIENCE PROTECTION.]
Subdivision 1. [POLICY.]
It is the policy of the state to recognize the free exercise of conscience and religious liberty in matters of health and the provision of health care.

Subd. 2. [REQUIREMENT.]
If a health plan company does not provide certain services or coverage on moral or religious grounds, the health plan company must inform the enrollee in the member handbook, subscriber contract, or certificate of coverage of the restrictions imposed. The health plan company must ensure that the enrollee is able to exercise the enrollee's own conscience and has access to the full range of legal medical services. At a minimum, the health plan company must refer the enrollee to a provider that provides the denied services.

Subd. 3. [CAUSE OF ACTION.]
An enrollee injured by violation of this section may bring an action against the health plan company for compensatory damages, injunctive or other equitable relief, attorney fees, and costs.

Sec. 2. [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.]
Subdivision 1. [POLICY.]
It is the policy of the state to recognize the free exercise of conscience and religious liberty in matters of health and the provision of health care.

Subd. 2. [REQUIREMENT.]
If a provider, as defined in section 144.335, subdivision 1, paragraph (b), does not provide certain services on moral or religious grounds, the provider must inform the patient of the restrictions imposed. The provider must ensure that the patient is able to exercise the patient's own conscience and has access to the full range of legal medical services. At a minimum, the provider must refer the patient to a provider that provides the denied services.

Subd. 3. [CAUSE OF ACTION.]
A patient injured by violation of this section may bring an action against the provider for compensatory damages, injunctive or other equitable relief, attorney fees, and costs.

SF2919

HF3032

SF2647

H.F No. 2891

As Introduced:
 83rd Legislative Session (2003-2004)
Posted on Mar 10, 2004

A bill for an act relating to health; providing for the protection of conscience and religious liberty in health care; proposing coding for new law in 
Minnesota Statutes,chapters 62Q; 145.   

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.  [62Q.675] [HEALTH CARE CONSCIENCE PROTECTION.] 
Subdivision 1.  [REQUIREMENT.] 
If a health plan company does not provide certain services or coverage on moral or insured or enrollee in the certificate of coverage or member
 contract of the restrictions imposed.  The health plan company must ensure that insureds or enrollees are able to exercise their own conscience 
and have access to the full range of legal medical services.  At a minimum, the health plan company must refer an insured 
or enrollee to a provider that provides the denied services. 

Subd. 2.  [CAUSE OF ACTION.] 
An insured or enrollee injured by violation of this section may bring an action against the health plan company for compensatory damages, 
injunctive or other equitable relief, attorney fees, and costs. 

Sec. 2.  [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.] 
Subdivision 1.  [REQUIREMENT.] 
If a provider, as defined in section 144.335, subdivision 1, paragraph (b), does not provide certain services on moral or religious grounds, the 
provider must inform the patient of the restrictions imposed.  The provider must ensure that patients are able to exercise their own conscience
 and have access to the full range of legal medical services.  At a minimum, the provider must refer a patient to a provider that provides the denied
 services. 

HF2891

HF3032

SF2647

S.F No. 2919

A bill for an act relating to health; providing for the protection of conscience and religious liberty in health care; proposing coding for new law in 
Minnesota Statutes,chapters 62Q; 145.   

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.  [62Q.675] [HEALTH CARE CONSCIENCE PROTECTION.] 
Subdivision 1.  [REQUIREMENT.] 
If a health plan company does not provide certain services or coverage on moral or insured or enrollee in the certificate of coverage or member
 contract of the restrictions imposed.  The health plan company must ensure that insureds or enrollees are able to exercise their own conscience 
and have access to the full range of legal medical services.  At a minimum, the health plan company must refer an insured 
or enrollee to a provider that provides the denied services. 

Subd. 2.  [CAUSE OF ACTION.] 
An insured or enrollee injured by violation of this section may bring an action against the health plan company for compensatory damages, 
injunctive or other equitable relief, attorney fees, and costs. 

Sec. 2.  [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.] 
Subdivision 1.  [REQUIREMENT.] 
If a provider, as defined in section 144.335, subdivision 1, paragraph (b), does not provide certain services on moral or religious grounds, the 
provider must inform the patient of the restrictions imposed.  The provider must ensure that patients are able to exercise their own conscience
 and have access to the full range of legal medical services.  At a minimum, the provider must refer a patient to a provider that provides the denied
 services. 

2.6      Subd. 2.  [CAUSE OF ACTION.] 
A patient injured by violation of this section may bring an action against the provider for  compensatory damages, injunctive or other equitable relief, 
attorney fees, and costs.

HF2891

HF2919

SF2647

H.F No. 3032
1st Engrossment
 - 84th Legislative Session (2005-2006)  
Posted on Mar 09, 2006

A bill for an act relating to health; prohibiting a pharmacist from refusing to dispense a  prescription drug or device except under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [151.415] PROHIBITION AGAINST REFUSING TO DISPENSE A LEGEND DRUG OR DEVICE.

Subdivision 1. Intent. It is the intent of the legislature that pharmacists dispense legend drugs and devices in a timely way or provide appropriate referrals for patients to obtain the necessary legend drugs and devices, despite the pharmacist's objection to dispensing the drugs or devices on ethical, moral, or religious grounds.

Subd. 2. Prohibition.
(a) No pharmacist shall obstruct a patient in obtaining a legend drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the pharmacist and shall subject the pharmacist to disciplinary or administrative action by the Board of Pharmacy.

(b) Notwithstanding any other provision of law, a pharmacist shall dispense drugs and devices, as described in section 151.01, subdivision 30, pursuant to a lawful order or prescription unless one of the following circumstances exists:

(1) based solely on the pharmacist's professional training and judgment dispensing pursuant to the order or the prescription is contrary to law, or the pharmacist determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient's medical condition;

(2) the legend drug or device is not in stock. If an order or prescription cannot be dispensed because the drug or device is not in stock, the pharmacist shall take one of the following actions:

(i) immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner;

(ii) promptly transfer the prescription to another pharmacy known to stock the legend drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device; or

(iii) return the prescription to the patient and refer the patient. The pharmacist shall make a reasonable effort to refer the patient to a pharmacy that stocks the legend drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device; or

(3) the pharmacist refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A pharmacist may decline to dispense a prescription drug or device on this basis only if the employer has previously been notified by the pharmacist, in writing, of the drug or class of drugs to which the pharmacist objects, and the pharmacist's employer can, without creating undue hardship, provide a reasonable accommodation of the pharmacist's objection. The pharmacist's employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the pharmacist's refusal to dispense the prescription or order.

(c) For the purposes of this section, "legend drug or device" has the same meaning as the definition in section 151.01, subdivision 17.

(d) This section imposes no duty on a pharmacist to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the pharmacist or payment of any required co-payment by the patient.

HF2891

HF2919

HF3032

S.F. No. 2647
 1st Engrossment - 84th Legislative Session (2005-2006)  
Posted on Apr 10, 2006

A bill for an act relating to health; prohibiting a pharmacist from refusing to dispense a prescription drug or device except under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [151.415] PROHIBITION AGAINST REFUSING TO DISPENSE A LEGEND DRUG OR DEVICE.

Subdivision 1. Prohibition.
(a) No pharmacist shall refuse to dispense or obstruct a  patient in obtaining a legend drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the pharmacist and shall subject the pharmacist to disciplinary action by the Board of Pharmacy.

(b) Notwithstanding any other provision of law, a pharmacist shall dispense drugs and devices pursuant to a lawful order or prescription unless one of the following circumstances exists:

(1) based solely on the pharmacist's professional training and judgment, dispensing the drug or device pursuant to the prescription or order would adversely affect the known medical condition of the patient for whom the prescription or order was prescribed due to therapeutic duplications, drug-disease contraindications, drug interactions, including serious interactions with other prescription and over-the-counter medications, incorrect    dosage or duration of drug treatment, drug allergy interactions, or drug abuse or misuse;

(2) the legend drug or device is not in stock. If an order or prescription cannot be dispensed because the drug or device is not in stock, the pharmacist shall take one of the following actions:

(i) immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner;
(ii) promptly transfer the prescription to another pharmacy known to stock the drug or device that is near enough to the site from which the prescription or order is transferred to ensure the patient has timely access to the drug or device; or
(iii) return the prescription to the patient and refer the patient to a pharmacy that stocks the prescribed drug or device to ensure that the patient has timely access to the drug or device; or

(3) the pharmacist refuses on sincerely held religious beliefs as defined in United States Code, title 42, section 2000e(j), to dispense a drug or device pursuant to an order or  prescription. A pharmacist may object to dispensing a drug or device on this basis only if the pharmacist's objection can be reasonably accommodated by the same pharmacy without imposing an undue hardship on the patient or the employer and the pharmacy has   established protocols that ensure that the patient has timely access to the prescribed drug or device by the same pharmacy despite the pharmacist's refusal to dispense the order or prescription. A pharmacy may require employees and prospective employees to notify the pharmacy in writing of the categories or types of prescriptions that the pharmacist refuses to dispense due to one of the above-stated grounds. In determining whether reasonable accommodation can be made without imposing an undue hardship on the patient or the employer, the following factors may be considered:

(i) whether the proposed accommodation ensures that the patient has timely access to the drug or device as dictated by the patient's needs or known medical condition;
(ii) the employer's financial costs in implementing the accommodation; and
(iii) the potential impact on the pharmacy's reputation or good will in the community due to failure to provide timely prescription services.

Subd. 2. Payment limitation. This section imposes no duty on a pharmacist to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the pharmacist or payment of any required co-payment by the patient.