PROHIBIT PHARMACISTS FROM REFUSING

TO FILL PRESCRIPTIONS BASED ON BELIEFS

House Bill 5164

Sponsor:  Rep. Lisa Brown

Committee:  Judiciary

Complete to 9-8-09

A SUMMARY OF HOUSE BILL 5164 AS INTRODUCED 6-25-09

The bill would prohibit a pharmacist from refusing to fill any prescription based on ethical, moral, or religious beliefs and subject a pharmacist so refusing to administrative sanctions. 

House Bill 5164 would amend the Public Health Code to prohibit a pharmacist from refusing to dispense or transfer a prescription based solely on ethical, moral, or religious beliefs.  The bill would also allow the disciplinary subcommittee to impose administrative sanctions (such as a fine, reprimand, or license sanction, including suspension or revocation) on any pharmacist who refused to dispense or transfer a prescription based on ethical, moral, or religious beliefs.

MCL 333.17751 and 333.17763

FISCAL IMPACT:

House Bill 5164 as introduced has no fiscal implications to the state, except in the case of a violation which may include the collection of a fine from the violating pharmacist.

BACKGROUND INFORMATION:

The bill is identical to House Bill 6049 as introduced in the 2007-2008 legislative session.  That bill was reported by committee as an H-1 substitute, but failed to see floor action.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Susan Frey

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.