2006 SESSION

06-2730 08/01

SENATE BILL 343

COMMITTEE: Health and Human Services

ANALYSIS

This bill requires parents or legal guardians to give consent before pharmacists may dispense emergency contraceptives to minors.

This bill also establishes a pharmacist conscience clause which shields pharmacists refusing to fill emergency contraceptive prescriptions from civil liability and disciplinary action by the pharmacy board.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2730

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Parental Consent. RSA 318:47-e, VI is repealed and reenacted to read as follows:

VI.(a) Except as provided in subparagraph (b), a pharmacist shall not dispense emergency contraception to a child less than 18 years of age without the written consent of one of the child’s parents or a legal guardian of the child.

(b) Parental consent shall be waived if:

(1) The minor is the victim of rape or incest, provided charges have been filed with the local authorities.

(2) The health care professional prescribing emergency contraception determines and submits documentation with the prescription stating that compliance with the parental consent requirement of this section may have an adverse effect on the welfare of the pregnant minor.

(3) The health care professional prescribing emergency contraception determines and submits documentation with the prescription stating that the pregnancy endangers the health or life of the pregnant minor in such a way that the requirement of parental consent may cause an untimely delay in the administration of emergency contraception, further endangering the health or life of the pregnant minor.

(c) A pharmacist dispensing emergency contraception to a child less than 18 years of age shall be guilty of a misdemeanor and shall be liable civilly to a parent or guardian who did not provide consent and for whom consent could not be waived in accordance with this section. A pharmacist shall not be held liable under this section if the pharmacist establishes by written evidence that the pharmacist relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant minor regarding information necessary to comply with this section are bone fide and true.

2 New Paragraph; Pharmacist Conscience Clause. Amend RSA 318:47-e by inserting after paragraph VI the following new paragraph:

VII. Any pharmacist who states in writing an objection to emergency contraception on moral or religious grounds shall not be required to fill a prescription for a drug used as an emergency contraceptive. The refusal of the pharmacist to fill such prescription shall not form the basis of any claim for damages because of such refusal or for any disciplinary action under RSA 318. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed.

3 Effective Date. This act shall take effect January 1, 2007.