SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR CAUTHORN.
Read 1st time January 21, 2004, and ordered printed.
AN ACT
To amend chapter 338, RSMo, by adding thereto four new sections relating
to protecting conscience rights of pharmaceutical professionals.
Be it enacted by the General Assembly of the State of Missouri, as
follows:
Section A. Chapter 338, RSMo, is amended by adding thereto four new
sections, to be known as sections 338.600, 338.603, 338.606, and 338.610, to
read as follows:
338.600. For the purposes of sections
338.600 to 338.610, the following terms shall mean:
(1) "Employee",
any party whose services are engaged in connection with the practice of
pharmacy;
(2) "Employer",
any party which engages the services of a pharmaceutical professional in
connection with the practice of pharmacy;
(3) "Health care
facility", any public or private
hospital, clinic, center, medical school, medical training institution,
laboratory, or diagnostic facility, physician's office, infirmary,
dispensary, ambulatory surgical center, physician organization or
association, network, joint venture, and any other institution or location
where health care services are provided to any person;
(4) "Pharmaceutical
professional", any pharmacist,
pharmacy, person under the supervision of a pharmacist, owner of a pharmacy,
employee of a pharmacy, or employee of an owner of a pharmacy.
338.603. 1. No pharmaceutical
professional shall be required to perform, assist, recommend, refer for or
participate in any act or service in connection with a drug or device that
is contrary to a good faith belief of the pharmaceutical professional that
such drug or device may contribute to the death of a human being by abortion
or otherwise, except to the extent that there can be demonstrated an
inability to reasonably accommodate such refusal without undue hardship on
the operations of the pharmacy or health care facility that is involved.
2. No civil or criminal cause of action
shall accrue against a pharmaceutical professional because of a refusal to
perform, assist, recommend, refer for or participate in any act or service
in the circumstances described in subsection 1 of this section.
3. No board, commission, or other
agency or instrumentality of this state shall deny, revoke, or suspend the
license of a pharmaceutical professional, nor shall it impose any other
conditions of operation or discipline because of a refusal to perform,
assist, recommend, refer for or participate in any act or service in the
circumstances described in subsection 1 of this section.
4. No pharmaceutical professional shall
be denied or discriminated against in eligibility for or the reception of
any public benefit, assistance, or privilege whatsoever, or in any
employment, public or private, because of a refusal to perform, assist,
recommend, refer for or participate in any act or service in the
circumstances described in subsection 1 of this section.
338.606. 1. It shall be unlawful for an
employer to:
(1) Fail or refuse to engage or hire
any person as a pharmaceutical professional because such person indicates
that he or she may exercise the right to refuse to perform, assist,
recommend, refer for or participate in any act or service in connection with
a drug or device that is contrary to a good faith belief of the
pharmaceutical professional that such drug or device may contribute to the
death of a human being by abortion or otherwise;
(2) Discharge any individual or
otherwise to discriminate against any individual with respect to the terms,
conditions, or privileges of engagement or employment because of a refusal
to perform, assist, recommend, refer for or participate in any act or
service in connection with a drug or device that is contrary to a good faith
belief of the pharmaceutical professional that such drug or device may
contribute to the death of a human being by abortion or otherwise;
(3) Limit, segregate, or classify
employees or applicants for engagement or employment in any way which would
deprive or tend to deprive any individual of opportunities to be engaged or
employed, or which would otherwise tend to affect adversely an individual's
status with the employer, because of the individual's refusal to perform,
assist, recommend, refer for or participate in any act or service in
connection with a drug or device that is contrary to a good faith belief of
the pharmaceutical professional that such drug or device may contribute to
the death of a human being by abortion or otherwise; or
(4) Terminate, discharge, expel, or
otherwise discriminate against any pharmaceutical professional because the
pharmaceutical professional has expressed opposition to any act or service
in connection with a drug or device because the pharmaceutical professional
holds a good faith belief that such drug or device may contribute to the
death of a human being by abortion or otherwise, or because the individual
has filed a complaint, testified, or assisted in any legal or administrative
proceeding in connection with such act or service or a refusal to perform,
assist, recommend, refer for or participate therein.
2. It shall be unlawful for a college,
university, teaching hospital, or other educational institution to:
(1) Discriminate against any person
because of such person's refusal to participate in any act, service, or
training in connection with a drug or device that is contrary to a good
faith belief of such person that such drug or device may contribute to the
death of a human being by abortion or otherwise; or
(2) Require an applicant, student,
teacher, or employee thereof to pay any fees that would in whole or in part
fund any activity or training in connection with a drug or device that is
contrary to a good faith belief of such applicant, student, teacher, or
employee that such drug or device may contribute to the death of a human
being by abortion or otherwise.
338.610. Any person or entity who is
injured by any unlawful act described in sections 338.603 and 338.606 may
commence a civil cause of action for damages against the appropriate parties
and shall recover treble damages, including damages for pain, suffering, and
emotional distress, and shall further recover the costs of suit and
reasonable attorney's fees.