Pharmacist Conscience Protection Act

Pharmacist Conscience Protection Act

This bill prohibits the federal government and federally funded entities from discriminating or otherwise taking adverse action against a pharmacist, pharmacy owner, or pharmacy technician who declines to store, fill prescriptions for, or make referrals for drugs that cause abortions (or that the individual provider believes in good faith cause abortions). Individuals or the Department of Justice may bring civil actions for violations of this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8820 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8820

    To amend the Public Health Service Act to prohibit governmental 
   discrimination against certain health care providers with certain 
                        objections to abortion.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2022

  Mr. Carter of Georgia (for himself, Mrs. Harshbarger, Mr. Moore of 
Utah, Mr. Smith of New Jersey, Mr. Mann, Mr. Lamborn, Mr. McKinley, Mr. 
  Buck, Mr. Gooden of Texas, Mr. Ellzey, Mrs. Cammack, Mrs. Miller of 
Illinois, Mr. Norman, Mr. Posey, Mr. Steube, Mr. Balderson, Mr. Babin, 
Mr. Webster of Florida, Mr. Duncan, Mr. Weber of Texas, Mr. Mullin, Mr. 
Wenstrup, Mr. Aderholt, Mr. Bacon, Mr. Latta, and Mr. Clyde) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Public Health Service Act to prohibit governmental 
   discrimination against certain health care providers with certain 
                        objections to abortion.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pharmacist Conscience Protection 
Act''.

SEC. 2. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE 
              PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.

    Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) 
is amended by inserting after section 245 the following:

``SEC. 245A. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE 
              PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Federal Government, and any person or entity that receives Federal 
grants, contracts, or financial assistance, including any State or 
local government, may not penalize, treat adversely, retaliate against, 
or otherwise discriminate against a specified health care provider, or 
take any action that has such effect, on the basis that the specified 
health care provider does not or declines to store or fill a 
prescription, or make a referral, for a drug that is approved by the 
Food and Drug Administration to cause an abortion or that the specified 
health care provider in good faith believes may be used to cause an 
abortion.
    ``(b) Private Right of Action.--
            ``(1) In general.--A qualified party may, in a civil 
        action, obtain appropriate relief, including damages, with 
        regard to a violation of subsection (a) or threat made in 
        violation of subsection (a).
            ``(2) Qualified party.--The term `qualified party' means, 
        with respect to a violation of subsection (a) or threat made in 
        violation of such subsection--
                    ``(A) the Attorney General of the United States; or
                    ``(B) any person or entity adversely affected by 
                such violation or threat without regard to whether such 
                person or entity is a health care provider.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Specified health care provider.--The term `specified 
        health care provider' includes a pharmacist, pharmacy 
        technician, pharmacy, or owner of a pharmacy that has an 
        objection to any abortion or all abortions on moral, religious, 
        conscience, or medical judgment grounds.
            ``(2) State or local government.--The term `State or local 
        government' includes every agency and other governmental unit 
        and subdivision of a State or local government.
            ``(3) State.--The term `State' means any of the 50 States 
        and the District of Columbia and includes Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the Northern Mariana 
        Islands.
    ``(d) Rules of Construction.--Nothing in this section shall be 
construed to--
            ``(1) require a specified health care provider to 
        prescribe, fill, refer, or stock any drugs or devices; or
            ``(2) limit any State or Federal laws equally or more 
        protective of conscience or religious freedom.''.
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