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 PHARMACIESÍ¾ AMENDING SECTION 3 373201, IDAHO CODE, TO PROVIDE
A CORRECT CODE REFERENCEÍ¾
AMENDING SECTION 541705, IDAHO CODE, TO PROVIDE A
DEFINITION OF "CONSCIENCE"Í¾ 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
EXCEPTIONSÍ¾ AMENDING SECTIONS 544702 AND 545110, IDAHO CODE,
TO PROVIDE CORRECT CODE REFERENCESÍ¾ AND PROVIDING
Be It Enacted by the Legislature of the
State of Idaho:
. . . [Full
SECTION 2. That Section 541705,
Idaho Code, be, and the same is hereby amended to
read as follows:
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
(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 themÍ¾
(b) Articles intended for use in the
diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animalÍ¾
(c) Articles, other than food, intended to
affect the structure or any function of the body
of man or other animalsÍ¾ 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
(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:
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
. . . 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.