Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude
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Indiana

House Bill 1734 (1999)

Check the status of this bill at the Indiana General Assembly

DIGEST OF INTRODUCED BILL

Citations Affected:IC 25-26-13-16.1.

Synopsis: Pharmacist's conscience clause. Provides that a pharmacist is not required to perform an act or to refrain from performing an act that the pharmacist objects to on the basis of: (1) professional duty; or (2) a matter of conscience on ethical, moral, or religious grounds. Provides that a pharmacist's refusal to act or to refrain from performing an act may not be used as the basis for the following: (1) A claim for damages against the pharmacist or the pharmacy where the pharmacist works. (2) A disciplinary, recriminatory, or discriminatory action against the pharmacist.

Effective: July 1, 1999.

Sponsors: Welch, Atterholt, Dobis, Thompson

First Reading: January 26, 1999. Referred to Committee on Public Policy, Ethics and Veterans Affairs.

Introduced: First Regular Session 111th General Assembly (1999)

A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.


Be it enacted by the General Assembly of the State of Indiana:

SECTION 1.IC 25-26-13-16.1IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]:

Sec. 16.1. (a) A pharmacist is not required to perform or refrain from performing any act in the normal course of the practice of pharmacy if performing the act or refraining from performing the act would cause the pharmacist to object on the basis of:

(1) professional duty; or

(2) a matter of conscience on ethical, moral, or religious grounds.

(b) A refusal to act or to refrain from performing an act under this section may not be used as the basis for any of the following:

(1) A claim for damages against:

(A) the pharmacist; or

(B) the pharmacy where the pharmacist works.

(2) A disciplinary, recriminatory, or discriminatory action against the pharmacist.