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Protection of Conscience Project

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Indiana

Senate Bill 297 (2001)

Check the status of this bill at the Indiana General Assembly

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.

Sponsor: Riegsecker

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

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


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.

 

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