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

HB 1734

SB 297

Citations Affected: IC 25-26-13-16.1.

Synopsis: Pharmacist's conscience clause. Provides that a pharmacist is not required to perform an act or to refrain from performing an act that the pharmacist objects to on the basis of: (1) professional duty; or (2) a matter of conscience on ethical, moral, or religious grounds. Provides that a pharmacist's refusal to act or to refrain from performing an act may not be used as the basis for the following: (1) A claim for damages against the pharmacist or the pharmacy where the pharmacist works. (2) A disciplinary, recriminatory, or discriminatory action against the pharmacist.

Effective: July 1, 1999.

Sponsor:  Riegsecker

First Reading:  January 6, 1999.  Referred to Committee on Health and Provider Services.

Introduced:  First Regular Session 111th General Assembly (1999)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1998 General Assembly.

SENATE BILL No. 147

 A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

SECTION 1. IC 25-26-13-16.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]:
Sec. 16.1. (a) A pharmacist is not required to perform or refrain from performing any act in the normal course of the practice of pharmacy if performing the act or refraining from performing the act would cause the pharmacist to object on the basis of:
        (1) professional duty; or
        (2) a matter of conscience on ethical, moral, or religious grounds.
    (b) A refusal to act or to refrain from performing an act under this section may not be used as the basis for any of the following:
        (1) A claim for damages against:
            (A) the pharmacist; or
            (B) the pharmacy where the pharmacist works.
        (2) A disciplinary, recriminatory, or discriminatory action against the pharmacist.
 

HB 1734

SB 147

DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-26-13-16.

Synopsis: Pharmacist's refusal to honor a prescription. Provides that a pharmacist is immune from criminal prosecution or civil liability if the pharmacist, in good faith, refuses to honor a prescription because the prescription is against the pharmacist's religious beliefs or moral convictions.

Effective: July 1, 2001.

First Reading: January 11, 2001, and referred to Committee on Corrections, Criminal and Civil Procedures.

Introduced :First Regular Session 112th General Assembly (2001)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.

Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 25-26-13-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:

Sec. 16. (a) A pharmacist shall exercise his professional judgment in the best interest of the patient's health when engaging in the practice of pharmacy.

(b) A pharmacist has a duty to honor all prescriptions from a practitioner or from a physician, podiatrist, dentist, or veterinarian licensed under the laws of another state. Before honoring a prescription, the pharmacist shall take reasonable steps to determine whether the prescription has been issued in compliance with the laws of the state where it originated. The pharmacist is immune from criminal prosecution or civil liability if he the pharmacist, in good faith, refuses to honor a prescription because, in his the pharmacist's professional judgment, the honoring of the prescription would:

(1) be contrary to law;

(2) be against the best interest of the patient;

(3) aid or abet an addiction or habit; or

(4) be contrary to the health and safety of the patient; or

(5) be against the pharmacist's religious beliefs or moral convictions.