Senate Bill No. 38
(By Senators Sypolt, Deem and Barnes)
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[Introduced February 11, 2009; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-31, relating to
allowing pharmacists and other individuals involved in
dispensing medicines to refuse to fill prescriptions or
dispense any substance that can be used as an abortifacient or
that can be used as part of an abortion-related procedure;
providing employee protection; and providing criminal penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-5-31, to read as
follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-31. Refusal to dispense abortion-related medicines allowed;
discipline prohibited; criminal penalty; liability.
(a) Pharmacists licensed in the State of West Virginia are not
required to fill any prescription or dispense any substance that
can be used as an abortifacient or that can be used as part of an
abortion-related procedure.
(b) A pharmacist refusing to fill a prescription for, or
dispense, a substance that can be used as an abortifacient or that
can be used as part of an abortion-related procedure is not subject
to any form of discipline, penalty or punishment because of the
exercise of his or her conscience in that instance.
(c) This section extends to all persons involved in dispensing
medicine in the State of West Virginia.
(d) A business, institution or employer who takes action
against a person in violation of subsection (b) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $500.
(e) A business, institution or employer who takes action
against a person in violation of subsection (b) of this section is
liable for all back pay and benefits owed to the disciplined
employee as a result of the violation.
NOTE: The purpose of this bill is to allow pharmacists and
other individuals involved in dispensing medicines to refuse to
fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related
procedure.
This section is new; therefore, strike-throughs and
underscoring have been omitted.