124th General Assembly
Regular Session
2001-2002
Representatives Faber, Brinkman, DeWine, Driehaus, Callender, Collier,
Flowers, Grendell, Hagan, Husted, Jerse, Krupinski, Reidelbach, Schaffer,
Seaver, Seitz, Setzer, Willamowski, Wolpert, Womer Benjamin.
A BILL
To amend section 4729.16 and to enact section
4729.162 of the Revised Code to provide that a pharmacist may refuse to
dispense a drug on the basis of ethical or religious principles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4729.16 be amended and section 4729.162 of the
Revised Code be enacted to read as follows:
Sec. 4729.16.
(A) The state board of pharmacy, after notice and hearing in accordance with
Chapter 119. of the Revised Code, may revoke, suspend, limit, place on
probation, or refuse to grant or renew an identification card, or may impose
a monetary penalty or forfeiture not to exceed in severity any fine
designated under the Revised Code for a similar offense, or in the case of a
violation of a section of the Revised Code that does not bear a penalty, a
monetary penalty or forfeiture of not more than five hundred dollars, if the
board finds a pharmacist or pharmacy intern:
(1) Guilty of a felony or gross immorality;
(2) Guilty of dishonesty or unprofessional conduct in the practice of
pharmacy;
(3) Addicted to or abusing liquor or drugs or impaired physically or
mentally to such a degree as to render the pharmacist or pharmacy intern
unfit to practice pharmacy;
(4) Has been convicted of a misdemeanor related to, or committed in,
the practice of pharmacy;
(5) Guilty of willfully violating, conspiring to violate, attempting
to violate, or aiding and abetting the violation of any of the
provisions of this chapter, sections 3715.52 to 3715.72 of the Revised
Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by
the board under those provisions;
(6) Guilty of permitting anyone other than a pharmacist or pharmacy
intern to practice pharmacy;
(7) Guilty of knowingly lending the pharmacist's or pharmacy intern's
name to an illegal practitioner of pharmacy or having professional
connection with an illegal practitioner of pharmacy;
(8) Guilty of dividing or agreeing to divide remuneration made in the
practice of pharmacy with any other individual, including, but not
limited to, any licensed health professional authorized to prescribe
drugs or any owner, manager, or employee of a health care facility,
residential care facility, or nursing home;
(9) Has Except as provided in division (C)(2) of this section, has
violated the terms of a consult agreement entered into pursuant to
section 4729.39 of the Revised Code;
(10) Has committed fraud, misrepresentation, or deception in applying
for or securing a license or identification card issued by the board
under this chapter or under Chapter 3715. or 3719. of the Revised Code.
(B) Any individual whose identification card is revoked, suspended, or
refused, shall return the identification card and license to the offices of
the state board of pharmacy within ten days after receipt of notice of such
action.
(C) The board may not take action under division (A) of this section
against a pharmacist for doing either of the following in accordance with
section 4729.162 of the Revised Code:
(1) Refusing to dispense a drug;
(2) Terminating a consult agreement.
(D) As used in this section:
"Unprofessional conduct in the practice of pharmacy" includes any of the
following:
(1) Advertising or displaying signs that promote dangerous drugs to
the public in a manner that is false or misleading;
(2) Except as provided in section 4729.281 of the Revised Code, the
sale of any drug for which a prescription is required, without having
received a prescription for the drug;
(3) Knowingly dispensing medication pursuant to false or forged
prescriptions;
(4) Knowingly failing to maintain complete and accurate records of
all dangerous drugs received or dispensed in compliance with federal
laws and regulations and state laws and rules;
(5) Obtaining any remuneration by fraud, misrepresentation, or
deception.
(D)(E) The board may suspend a license or identification card under
division (B) of section 3719.121 of the Revised Code by utilizing a
telephone conference call to review the allegations and take a vote.
(E)(F) If, pursuant to an adjudication under Chapter 119. of the Revised
Code, the board has reasonable cause to believe that a pharmacist or
pharmacy intern is physically or mentally impaired, the board may require
the pharmacist or pharmacy intern to submit to a physical or mental
examination, or both.
Sec. 4729.162.
A pharmacist may refuse to dispense a drug if doing so would violate the
pharmacist's ethical or religious principles. A pharmacist who has entered
into a consult agreement under section 4729.39 of the Revised Code shall
terminate the agreement in accordance with that section if the pharmacist
refuses to dispense a drug prescribed for the individual who consented to
treatment under the agreement.
Unless self-employed, a pharmacist who intends to refuse to dispense a
drug for ethical or religious reasons shall provide to the pharmacist's
employer a written statement of the basis for the refusal before receiving a
request to fill a prescription for the drug. If such a written statement has
been provided, the pharmacist's employer shall not discharge, discipline,
discriminate against, or retaliate against or deny employment or promotion
to the pharmacist solely on the basis of refusal to dispense the drug.
A pharmacist who refuses, in accordance with this section, to dispense a
drug and the pharmacist's employer are not liable in damages for harm
resulting from the refusal.
A pharmacist or employer may not be denied public funds on the basis of a
pharmacist's refusal, in accordance with this section, to dispense a drug.
Section 2. That existing section 4729.16 of the Revised Code is hereby
repealed.