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Protection of Conscience Project

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Idaho

House Bill 216 (2009)

Check the status of this bill at the Idaho Legislature

Note: This bill includes a number of provisions. The sections pertaining to freedom of conscience are reproduced below, with a link to the full text of the bill.

LEGISLATURE OF THE STATE OF IDAHO
Sixtieth Legislature First Regular Session 2009
IN THE HOUSE OF REPRESENTATIVES

AN ACT RELATING TO PHARMACISTS AND PHARMACIES; AMENDING SECTION 3 373201, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE;  AMENDING SECTION 541705, IDAHO CODE, TO PROVIDE A DEFINITION OF "CONSCIENCE";  AMENDING CHAPTER 17, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 541718A,IDAHO CODE, TO
PROVIDE FREEDOM OF CONSCIENCE FOR PHARMACISTS OR EMPLOYER OF THE PHARMACIST, TO PROVIDE IMMUNITY FROM LIABILITY, TO PROHIBIT DISCRIMINATION AND TO PROVIDE EXCEPTIONS; AMENDING SECTIONS 544702 AND 545110, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AND PROVIDING SEVERABILITY.


Be It Enacted by the Legislature of the State of Idaho:

. . . [Full Text]

SECTION 2. That Section 541705, Idaho Code, be, and the same is hereby amended to read as follows:

541705.
DEFINITIONS. In this chapter:

(1) "Board of pharmacy" or "board" means the Idaho state board of pharmacy.

(2) "Conscience" means the religious, moral or ethical principles held by any person. . .

(56) "Dispense" or "dispensing" means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled
for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

(67) "Distribute" means the delivery of a drug other than by administering or dispensing.

(78) "Drug" means:

(a) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendia or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animal;

(c) Articles, other than food, intended to affect the structure or any function of the body of man or other animals; and

(d) Articles intended for use as a component of any articles specified in paragraph (a), (b) or (c) of this subsection.

(201) "Person" means an individual, corporation, partnership, association or any other legal entity.

(212) "Pharmaceutical care" means drug therapy and other pharmaceutical patient care services intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process as defined in the rules of the board.

(223) "Pharmacist" means an individual licensed by this state to engage in the practice of pharmacy.

(234) "Pharmacy" means any facility, department or other place where prescriptions are filled or compounded and are sold, dispensed, offered or displayed for sale, which has, as its
principal purpose, the dispensing of drug and health supplies intended for the general health, welfare and safety of the public. . . .

SECTION 3. That Chapter 17, Title 54, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 541718A,
Idaho Code, and to read as follows:

541718A.
FREEDOM OF CONSCIENCE FOR PHARMACISTS.

(1) No pharmacist shall be required to provide for any pharmaceutical care or drug that violates his or her conscience.

(2) No pharmacist or employer of the pharmacist shall be civilly, criminally or administratively liable for the pharmacist declining to dispense or distribute pharmaceutical care or a drug or drugs that violate his or her conscience.

(3) It shall be unlawful to discriminate against any person based upon his or her declining to dispense or distribute pharmaceutical care or a drug or drugs that violate his or her conscience.

(4) The provisions of this section do not allow a pharmacist or employer of the pharmacist to refuse to provide pharmaceutical care or a drug because of the patient's race, color, religion, sex or national origin.

. . . SECTION 6. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

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