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Protection of Conscience Project

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Kentucky

Senate Bill 109 (2002)

Check the status of this bill at the Kentucky Legislature.

Introduction
This bill includes amendments that offer protection of conscience to pharmacists. Only those sections of the bill are reproduced here. The amended wording is italicized and highlighted.

AN ACT relating to reproductive health care.


Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 311.720 is amended to read as follows:

As used in KRS 311.710 to 311.820, and laws of the Commonwealth unless the context otherwise requires:

(1) "Abortion" shall mean the use of any means whatsoever, including the prescription or other use of an abortifacient, including but not limited to Mifepristone, also known as RU-486, to terminate the pregnancy of a woman known to be pregnant with intent to cause fetal death;

SECTION 3. A NEW SECTION OF KRS CHAPTER 315 IS CREATED TO READ AS FOLLOWS:

(1) No pharmacist, who states in writing, based on moral, religious, or professional grounds, his or her objection to the dispensing of medication or devices prescribed for the purpose of terminating a pregnancy, shall be required to or be held liable for refusal to perform or participate in the dispensing of medications or devices that may terminate a pregnancy.

(2) It shall be an unlawful discriminatory practice for:

(a) Any person to impose penalties, take disciplinary action against, or deny or limit public funds, licenses and certification degrees, or other approvals or documents of qualification to any pharmacist for his or her refusal, based on objections of moral, religious, or professional grounds to participate and cooperate in the dispensing of any medication or device that may terminate a pregnancy; and

(b) Any public or private agency, institution, person, including a medical, nursing, or other school, or hospital to deny admission to, impose any burdens in terms of conditions of employment upon, or otherwise discriminate against any applicant for admission thereto or any pharmacist on account of his or her willingness or refusal to dispense or distribute medication or devices that may terminate pregnancy, where the refusal is based on moral, religious, or professional grounds.

 

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