New York 2025-2026 Regular Session

New York Senate Bill S04253

Introduced
2/3/25  
Refer
2/3/25  

Caption

Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock; requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.

Summary

Bill S04253 amends the education law to establish specific duties for pharmacies when pharmacists refuse to fill prescriptions based on personal beliefs. It mandates that if a pharmacist declines to fill a valid prescription, the pharmacy must ensure that another pharmacist fills it without delay, provided the individual consents. Additionally, if a product is not in stock, the pharmacy must inform the individual and ensure that the product is ordered by another pharmacist without delay. The bill also prohibits certain obstructive behaviors by pharmacists and outlines penalties for pharmacies that violate these provisions.

Impact

The bill impacts state laws by reinforcing the rights of individuals to access legal prescriptions, including contraception, without interference from pharmacists' personal beliefs. It establishes clear obligations for pharmacies to ensure that valid prescriptions are filled promptly and outlines penalties for non-compliance, thereby enhancing consumer protection in healthcare access. This legislation may also lead to changes in pharmacy operations and policies regarding prescription fulfillment.

Sentiment

The general sentiment around the bill appears to be supportive among advocates for reproductive rights and healthcare access, as it seeks to eliminate barriers imposed by personal beliefs of pharmacists. However, it may face opposition from those who argue for the rights of pharmacists to refuse service based on their personal or religious beliefs, indicating a potential divide between healthcare access and individual conscience rights.

Contention

Notable points of contention include the balance between a pharmacist's right to refuse service based on personal beliefs and the obligation to ensure that individuals can access their prescribed medications. Supporters argue that access to contraception and other medications should not be hindered by personal beliefs, while opponents may assert that the bill infringes on the rights of pharmacists to act according to their conscience. This debate highlights the tension between healthcare access and religious or personal freedom.

Companion Bills

NY A07230

Same As Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock; requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.

Previously Filed As

NY A07230

Establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock; requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions.

NY HB2208

Pharmacists; pharmacies; reimbursement costs; appeals

NY HB2196

pharmacists; pharmacies; reimbursement costs; appeals

NY HB1675

Pharmacies; require to maintain not more than a certain ratio of pharmacy technicians to licensed pharmacists.

NY SB2552

Pharmacy technician-to-pharmacist ratio requirements; establish for licensed pharmacies.

NY SB1309

pharmacists; care standard; prescriptions

NY SB1236

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

NY HB3317

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

NY SB493

Relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits.

NY SB1354

Relating to the minimum reimbursement amount for prescription drugs and devices to health benefit plan network pharmacists and pharmacies.

Similar Bills

HI HB2225

Relating To Health.

IA SF383

A bill for an act relating to pharmacy benefits managers, pharmacies, prescription drugs, and pharmacy services administrative organizations, and including applicability provisions. (Formerly SSB 1074.) Effective date: 07/01/2025. Applicability date: 07/01/2025.

IA HSB99

A bill for an act relating to pharmacy benefits managers, pharmacies, and prescription drugs and including applicability provisions.(See HF 852.)

IA SSB1074

A bill for an act relating to pharmacy benefits managers, pharmacies, and prescription drugs and including applicability provisions.(See SF 383.)

IA HF852

A bill for an act relating to pharmacy benefits managers, pharmacies, and prescription drugs and including applicability provisions.(Formerly HSB 99.)

CA AB577

Health care coverage: antisteering.

AZ SB1102

Pharmacy benefits; prescribing; exemption

TX SB493

Relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits.