H. B. 4644
(By Mr. Speaker, (Mr. Kiss), (By Request))
[Introduced February 20, 2006; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-12a relating to
providing pharmacists may exercise moral discretion without
legal consequence to refuse to fill a prescription for "the
morning after pill."
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 §30-5-12a, to read as
follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-12a. Pharmacists right to refuse to fill prescription for
"morning after pill."
Notwithstanding any provision of this code to the contrary, a duly licensed pharmacist may, based upon his or her moral
conscience, refuse to fill any prescription for any emergency
contraceptive pill commonly referred to as a "morning after pill."
For purposes of this section, "emergency contraceptive pill" means
a pill, capsule or other device which may be administered orally
containing a drug comprised of high doses of hormones
, including a
combination of estrogen and progesterone or solely progesterone
levonorgestrel, which when taken after unprotected sexual
intercourse, may prevent pregnancy from occurring.
No legal cause of action against a pharmacist for refusing to
fill a prescription for any emergency contraceptive pill may be
prosecuted or maintained at law or equity in any court in this
state.
NOTE: The purpose of this bill is to
provide pharmacists may
exercise moral discretion without legal consequence to refuse to
fill a prescription for "the morning after pill."
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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