New Jersey Senators Attack Freedom of Conscience for Pharmacists
New Jersey, USA (January, 2005)
SENATE, No. 2178
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED JANUARY 11, 2005
Sponsored by:
Senator FRED MADDEN: District 4
(Camden and Gloucester)
Senator JOSEPH F. VITALE: District 19 (Middlesex)
SYNOPSIS:
Prohibits pharmacist from refusing to dispense
medication solely for philosophical, moral or
religious reasons
As introduced.
(Sponsorship Updated As Of: 2/8/2005)
An Act
concerning the dispensing of
medications and amending P.L.2003, c.280.
Be It Enacted by the Senate and General
Assembly of the State of New Jersey:
1. Section 27 of P.L.2003, c.280 (C.45:14-66) is
amended to read as follows:
27. a. A pharmacist shall conduct a drug
utilization review before each new medication is
dispensed or delivered to a patient
b. A pharmacist shall conduct a prospective drug
utilization review in accordance with the provisions
of this section before refilling a prescription or
medication order to the extent he deems appropriate
in his professional judgment.
c. A pharmacist shall exercise independent
professional judgment as to whether or not to
dispense or refill a prescription or medication
order. In determining to dispense or refill a
prescription or medication order, the decision of
the pharmacist shall not be arbitrary but shall be
based on professional experience, knowledge or
available reference materials.A
pharmacist shall not refuse to dispense or refill a
prescription or medication order solely on the
grounds that to dispense or refill the prescription
or medication orderwould contravene the pharmacist's
philosophical, moral or religious beliefs.
(cf: P.L.2003, c.280, s.27)
2. This act shall take effect immediately.
STATEMENT
This bill amends the "New Jersey Pharmacy Practice
Act" (N.J.S.A.45:14-40 et seq.) to provide an
explicit statutory prohibition against a pharmacist
refusing to dispense or refill a prescription or
medication order solely on the grounds that the
dispensing or refill of the prescription or
medication order would contravene the pharmacist's
philosophical, moral or religious beliefs.