Assembly Bill No. 144–Committee on Commerce and Labor

 

February 14, 2003

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Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits employer of pharmacist from disciplining pharmacist for refusing to fill or refill prescription under certain circumstances. (BDR 54‑210)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to pharmacy; prohibiting an employer of a pharmacist from disciplining the pharmacist for refusing to fill or refill a prescription under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 639 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The employer of a pharmacist shall not discipline the

1-4  pharmacist for refusing to fill or refill a prescription if:

1-5  (a) Filling or refilling the prescription would require the

1-6  pharmacist to violate a genuine principle or tenet of good

1-7  conscience held by the pharmacist; or

1-8  (b) The pharmacist reasonably believes that the prescription

1-9  was obtained by fraud or was not issued for a legitimate medical

1-10  purpose.

1-11      2.  A pharmacist who, in good faith, refuses to fill or refill a

1-12  prescription pursuant to paragraph (a) of subsection 1:

1-13      (a) Shall, as soon as practicable but not later than 12 hours

1-14  after refusing to fill or refill the prescription:

1-15          (1) Notify his supervisor of his reasons for not filling or

1-16  refilling the prescription; and

2-1       (2) Arrange, within 24 hours after the refusal, to have the

2-2  prescription filled or refilled by another pharmacist at the

2-3  pharmacy or by a pharmacist at another pharmacy; and

2-4  (b) Shall not, when counseling the patient for any referred

2-5  service, discuss in detail the genuine principle or tenet of good

2-6  conscience held by the pharmacist that is the basis for his refusal

2-7  to fill or refill the prescription.

 

2-8  H