[Pflienews] PharmFacts E-News Update: MI 6049 is Anti-conscience Bill....MUST be stopped NOW

Mon May 26 10:05:19 MDT 2008

*PharmFacts E-News Update -- 26 May 2008 AD
*

*Pharmacist Conscience Coalition** (PCC)*

*Dedicated to defending for all pharmacists their First Amendment right 
to the free exercise of their conscience in all of their professional 
activities.*

The most blatant attack on pharmacist's First Amendment rights of the year.

Help Protect Religious Freedom in Michigan

Opposition Needed to Pharmacist Anti-Conscience Bill

Legislation has now surfaced in Michigan, and has since passed the House 
Judiciary Committee, that would prohibit pharmacists and pharmacies from 
exercising their first amendment right to conscience protection in the 
distribution of prescription medications. This bill, House Bill 6049, is 
written specifically to prohibit pharmacists and pharmacies from 
exercising their constitutional right to religious freedom. Religious 
freedom of conscience has been a fundamental principle of our state and 
nation for more than 200 years.  Our nation was founded on the principle 
that those choosing to live by religious faith do so free from 
unwarranted intrusion of government.

*HOUSE BILL No. 6049*

May 6, 2008, Introduced by Reps. Alma Smith, Warren, Meadows, Miller, 
Donigan,

Condino, Gonzales, Kathleen Law, Tobocman, Hopgood, Farrah, Virgil 
Smith, Accavitti,

Byrnes, Bieda, Bauer, Vagnozzi, Leland, Clack, Meisner, Hammel, Robert 
Jones,

Lindberg and Hammon and referred to the Committee on Judiciary.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763),

as amended by 2006 PA 672.

*THE PEOPLE OF THE STATE OF MICHIGAN ENACT:*

Sec. 17751. (1) A *1 *pharmacist shall not dispense a drug

*2 *requiring a prescription under the federal act or a law of this

*3 *state except under authority of an original prescription or an

*4 *equivalent record of an original prescription approved by the

*5 *board.

*6 *(2) A pharmacist may dispense a prescription written and

*7 *signed or transmitted by facsimile, electronic transmission, or

*8 *other means of communication by a physician prescriber in a state

*9 *other than Michigan, but not including a prescription for a

2

controlled substance as defined *1 *in section 7104 except under

*2 *circumstances described in section 17763(e), only if the pharmacist

*3 *in the exercise of his or her professional judgment determines all

*4 *of the following:

*5 *(a) That the prescription was issued pursuant to an existing

*6 *physician-patient relationship.

*7 *(b) That the prescription is authentic.

*8 *(c) That the prescribed drug is appropriate and necessary for

*9 *the treatment of an acute, chronic, or recurrent condition.

*10 *(3) A pharmacist or a prescriber shall dispense a prescription

*11 *only if the prescription falls within the scope of practice of the

*12 *prescriber.

*13 *(4) A pharmacist shall not knowingly dispense a prescription

*14 *after the death of the prescriber or patient.

*15 (5) A PHARMACIST SHALL NOT REFUSE TO DISPENSE OR TRANSFER A*

*16 PRESCRIPTION BASED SOLELY ON HIS OR HER ETHICAL, MORAL, OR*

*17 RELIGIOUS BELIEFS.*

*18 *Sec. 17763. In addition to the grounds set forth in part 161,

*19 *the disciplinary subcommittee may fine, reprimand, or place a

*20 *pharmacist licensee on probation, or deny, limit, suspend, or

*21 *revoke the license of a pharmacist or order restitution or

*22 *community service for a violation or abetting in a violation of

*23 *this part or rules promulgated under this part, or for 1 or more of

*24 *the following grounds:

*25 *(a) Permitting the dispensing of prescriptions by an

*26 *individual who is not a pharmacist, pharmacist intern, or

*27 *dispensing prescriber.

3

1 b) Permitting the dispensingof prescriptions by a pharmacist

*2 *intern, except in the presence and under the personal charge of a

*3 *pharmacist.

*4 *(c) Selling at auction drugs in bulk or in open packages

*5 *unless the sale has been approved in accordance with rules of the

*6 *board.

*7 *(d) Promoting a prescription drug to the public in any manner.

*8 *(e) In addition to the prohibition contained in section

*9 *7405(1)(e), dispensing a prescription for a controlled substance as

*10 *defined in section 7104 that is written and signed or transmitted

*11 *by facsimile, electronic transmission, or other means of

*12 *communication by a physician prescriber in a state other than

*13 *Michigan, unless the prescription is issued by a physician

*14 *prescriber who resides adjacent to the land border between this

*15 *state and an adjoining state or resides in Illinois or Minnesota

*16 *and who is authorized under the laws of that state to practice

*17 *medicine or osteopathic medicine and surgery and to prescribe

*18 *controlled substances and whose practice may extend into this

*19 *state, but who does not maintain an office or designate a place to

*20 *meet patients or receive calls in this state.

*21 (F) REFUSING TO DISPENSE OR TRANSFER A PRESCRIPTION BASED*

*22 SOLELY ON HIS OR HER ETHICAL, MORAL, OR RELIGIOUS BELIEFS.*

* *

SUBMITTED BY C.J. Kahler, R.Ph.

------------------------------------------------------------------------

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PFLI supports pharmacist rights of conscience NOT to be forced to 
dispense or counsel for chemicals which violate their sincerely held 
religious, moral or ethical beliefs.  For more info see:
http://www.pfli.org/main.php?pfli=conscienceclausefaq

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