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TO AMEND CHAPTER 41, TITLE 44 OF THE 1976 CODE, RELATING TO ABORTIONS, BY ADDING SECTION 44-41-55, TO PROVIDE THAT A PHARMACIST MAY REFUSE TO FILL PRESCRIPTIONS FOR A DRUG, CLASS OF DRUGS OR DEVICE ON ETHICAL, MORAL, OR RELIGIOUS GROUNDS, TO PROVIDE THAT NOTICE MUST BE POSTED IN THE PHARMACY IDENTIFYING THE PHARMACIST AND THE DRUGS, CLASS OF DRUGS, OR DEVICES THAT THE PHARMACIST WILL NOT DISPENSE, TO PROVIDE THAT AN EMPLOYER MAY NOT TAKE AN ADVERSE EMPLOYMENT ACTION AGAINST A PHARMACIST REFUSING TO FILL A PRESCRIPTION PURSUANT TO THIS ACT, TO PROVIDE THAT A PHARMACIST REFUSING TO FILL A PRESCRIPTION PURSUANT TO THIS ACT MAY NOT INCUR CRIMINAL OR CIVIL LIABILITY, AND TO PROVIDE THAT A PHARMACIST WHOSE EMPLOYMENT HAS BEEN ALTERED IN VIOLATION OF THIS ACT MAY FILE A CIVIL ACTION FOR DAMAGES OR REINSTATEMENT OF EMPLOYMENT, OR BOTH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 41, Title 44 is amended by adding:
"Section 44-41-55. (A) A pharmacist may refuse to fill prescriptions for a drug, class of drugs, or device on ethical, moral, or religious grounds if the pharmacist has previously notified his employer, in writing, of the drug, class of drugs, or device to which he objects.
(B) A pharmacy employing a pharmacist refusing to dispense a drug, class of drugs, or device pursuant to this section must prominently post a notice in a place conspicuous to and readable by prescription drug consumers identifying the pharmacist and the drugs, class of drugs, or device that the pharmacist will not dispense.
(C) A pharmacist refusing to fill a prescription pursuant to this section may not, because of his refusal:
(1) be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by his employer; or
(2) incur any civil or criminal liability.
(D) A civil action for damages or reinstatement of employment, or both, may be prosecuted by a pharmacist whose employment has been altered or terminated in violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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