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

HB1445

06 LC 33 1371S (SCS)
Senate Bill 123

AS PASSED SENATE

AN ACT

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

"16-12-142.

(b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed."

All laws and parts of laws in conflict with this Act are repealed.

HB1445
 
 

05 LC 33 0702
House Bill 566

A BILL TO BE ENTITLED
AN ACT

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
 

SECTION 1.

49-7-2.
As used in this chapter, the term:

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(3) 'Family-planning services' means counseling and interviews with trained personnel regarding birth control, infertility, and family-planning methods and procedures; and distribution of literature relating to birth control, infertility, and family planning; referral to licensed physicians or local health departments for consultation, examination, tests, medical treatment, and prescriptions for the purposes of birth control, infertility, and family planning; and, to the extent prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices, and similar products used for birth control and family planning.

(4) 'Medical referral services' means referral to licensed physicians or local health departments for consultation, examination, tests, medical treatment, and prescriptions for the purposes of birth control, infertility, and family planning.

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SECTION 3.

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The refusal of any person to accept family-planning services or medical referral services shall in no way affect the right of such person to receive public assistance or public health services or to avail himself or herself of any other public benefit. The employees of the agencies engaged in the administration of this chapter shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual; and nothing in this chapter shall in any way abridge such individual right, nor shall any individual be required to state his or her reason for refusing the offer of family-planning services or medical referral services.

49-7-6
Any employee of the agencies engaged in the administration of this chapter may refuse to accept the duty of offering family-planning services or medical referral services to the extent that such duty is contrary to such employee's personal religious beliefs; and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his or her employment, for suspension from employment, or for any loss in pay or other benefits. The directors or supervisors of such agencies shall be authorized, however, to reassign the duties of any such employees in order to carry out this chapter effectively.

SECTION 4.

HB566
 

The House Committee on Regulated Industries offers the following substitute to HB 1445:

To amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the pharmacist believes the drug would have the effect or possible effect of terminating a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes.

SECTION 1

16-12-142.
(a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed.

(b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is believed by the pharmacist to have the effect or possible effect of terminating a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person or his or her employer; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed.

SECTION 2