Repression of Conscience
 

SENATE, No. 2178
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED JANUARY 11, 2005

Senator FRED MADDEN: District 4 (Camden and Gloucester)

SYNOPSIS:  
Prohibits pharmacist from refusing to dispense medication solely for philosophical, moral or religious reasons

As introduced.

An Act concerning the dispensing of medications and amending P.L.2003, c.280.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 27 of P.L.2003, c.280 (C.45:14-66) is amended to read as follows:

27. a. A pharmacist shall conduct a drug utilization review before each new medication is dispensed or delivered to a patient

b. A pharmacist shall conduct a prospective drug utilization review in accordance with the provisions of this section before refilling a prescription or medication order to the extent he deems appropriate in his professional judgment.

c. A pharmacist shall exercise independent professional judgment as to whether or not to dispense or refill a prescription or medication order. In determining to dispense or refill a prescription or medication order, the decision of the pharmacist shall not be arbitrary but shall be based on professional experience, knowledge or available reference materials. A pharmacist shall not refuse to dispense or refill a prescription or medication order solely on the grounds that to dispense or refill the prescription or medication order would contravene the pharmacist's philosophical, moral or religious beliefs.

(cf: P.L.2003, c.280, s.27)

2. This act shall take effect immediately.

STATEMENT
This bill amends the "New Jersey Pharmacy Practice Act" (N.J.S.A.45:14-40 et seq.) to provide an explicit statutory prohibition against a pharmacist refusing to dispense or refill a prescription or medication order solely on the grounds that the dispensing or refill of the prescription or medication order would contravene the pharmacist's philosophical, moral or religious beliefs.