New York A 7230: Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs

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A07230 Summary:

BILL NOA07230 

&nbsp

SAME ASSAME AS S04253

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §6810-a, Ed L

&nbsp

Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock; requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.

Go to top A07230 Actions:

BILL NOA07230 

&nbsp

03/21/2025referred to higher education

01/07/2026referred to higher education

Go to topA07230 Committee&nbspVotes:

Go to topA07230 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07230 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7230

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 21, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
 the Committee on Higher Education

 AN ACT to amend the education law, in relation to establishing certain
 duties for pharmacies when pharmacists employed by the pharmacies
 refuse to fill prescriptions on the basis of personal beliefs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. The legislature finds that an indi-
 2 vidual's right to religious beliefs and worship is a protected, funda-
 3 mental right in the state of New York and that an individual's right to
 4 access legal contraception is a protected, fundamental right in the
 5 state of New York. The legislature thereby recognizes that an individ-
 6 ual's right to religious belief and worship cannot impede an individ-
 7 ual's access to legal prescriptions, including contraception.
 8 § 2. The education law is amended by adding a new section 6810-a to
 9 read as follows:
 10 § 6810-a. Duties of a pharmacy; filling valid prescriptions. 1. A
 11 pharmacy receiving and filling prescriptions shall maintain compliance
 12 with the following conditions:
 13 (a) if a product is in stock and a pharmacist employed by a pharmacy
 14 refuses on the basis of a personal belief to fill a valid prescription
 15 for such product, the pharmacy ensures, subject to the consent of the
 16 individual presenting the prescription in any case in which the individ-
 17 ual has reason to know of the refusal, that the prescription is, without
 18 delay, filled by another pharmacist employed by such pharmacy; or
 19 (b) subject to the provisions of subparagraph (ii) of this paragraph,
 20 if a product is not in stock and a pharmacist employed by the pharmacy
 21 refuses on the basis of a personal belief or on the basis of pharmacy
 22 policy to order or to offer to order the product when presented with a
 23 valid prescription for the product, the pharmacy shall ensure:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07948-01-5

 A. 7230 2

 1 (i) that the individual presenting the prescription is immediately
 2 informed that the product is not in stock but may be ordered by the
 3 pharmacy; and
 4 (ii) subject to the consent of the individual, that the product is,
 5 without delay, ordered by another pharmacist employed by such pharmacy.
 6 2. The pharmacy shall not employ any pharmacist who engages in any
 7 conduct with the intent to prevent or deter an individual from filling a
 8 valid prescription for a product or from ordering such product, other
 9 than the specific conduct described in subdivision one of this section,
 10 including:
 11 (a) the refusal to return a prescription form to the individual after
 12 refusing to fill the prescription or order the product, if the individ-
 13 ual requests the return of such form;
 14 (b) the refusal to transfer prescription information to another phar-
 15 macy for refill dispensing when such a transfer is lawful, if the indi-
 16 vidual requests such transfer;
 17 (c) subjecting the individual to humiliation or otherwise harassing
 18 the individual; or
 19 (d) breaching medical confidentiality with respect to the prescription
 20 or threatening to breach such