70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3649

                         House Bill 2010

Sponsored by Representative WILSON; Representatives ATKINSON,
  BACKLUND, BEYER, BUTLER, CLOSE, KNOPP, KRUMMEL, KRUSE, SIMMONS,
  SUNSERI, WITT, Senator STARR


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows pharmacist, pharmacy owner or pharmacy operator to
refuse to fill particular type of prescription on ethical or
religious grounds.

                        A BILL FOR AN ACT
Relating to refusal to fill prescriptions in practice of
  pharmacy.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 689. + }
  SECTION 2.  { + (1) A pharmacist who objects to filling a
particular type of prescription on the grounds that to do so
would violate the pharmacist's ethical or religious principles
and who has stated this conscientious objection in writing to the
pharmacist's supervisor, shall not be required to fill such a
prescription and may not be disciplined by any administrative
authority for refusing to fill the prescription.
  (2) If an owner or operator of a pharmacy objects to filling a
particular type of prescription on the grounds that to do so
would violate the owner's or operator's ethical or religious
principles, the owner or operator is not required to fill the
prescription and the refusal to do so may not be the basis for
disciplinary action by any administrative authority.
  (3) If a pharmacist refuses to fill, or states the intention to
refuse to fill, a particular type of prescription on the grounds
that to do so would violate the pharmacist's ethical or religious
principles and has stated this conscientious objection in
writing, the employer of the pharmacist may not discharge,
discipline, discriminate or retaliate against or deny employment
or promotion to the pharmacist.
  (4) A pharmacist who refuses to fill a particular type of
prescription under subsection (1) of this section and the owner
and the operator of the pharmacy at which the pharmacist
practices are immune from liability for any harm resulting from
the refusal.
  (5) A pharmacist, pharmacy owner or pharmacy operator may not
be denied public funds for which they would otherwise be eligible
on the basis of a pharmacist refusing to fill a particular type
of prescription under this section. + }
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