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Protection of Conscience Project

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Georgia

House Bill 1445 (2005)

Check the status of this bill at the Georgia General Assembly

 

Introduction
This bill continues to permit conscientious objection to abortion by physicians and hospitals under the existing statute.
  • However, it permits conscientious objection by pharmacists only if the objector facilitates the abortion by referring a patient elsewhere. [Administrator]

06 LC 37 0115S

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

A BILL TO BE ENTITLED
AN ACT

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.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

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, is amended by striking such Code section and inserting in its place the following:

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

All laws and parts of laws in conflict with this Act are repealed.

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