HB 412 -- IMMUNITY FROM LIABILITY FOR PHARMACIES

SPONSOR:  Emery

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Small Business by a vote of 6 to 2 with 1 present.

This bill specifies that pharmacies will be immune from liability
and license denial, revocation, or suspension for refusing to
perform, assist, recommend, refer to, or participate in any act
or service in connection with any drug or device that causes a
pregnancy to end prematurely resulting in an abortion.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill offers protection for
pharmacies against lawsuits and from being penalized by state
government for refusing to dispense drugs that cause abortions.
The bill focuses on abortifacient drugs and not contraceptives.
It does not make the drugs illegal, so the customer can go to
another pharmacy willing to fill the prescription.  There can be
serious side effects associated with abortifacient drugs.  The
bill allows a pharmacy the right to make a business decision to
choose what to stock and sell just like a hardware store.

Testifying for the bill were Representatives Emery and Sater;
Missouri Right to Life; Missouri Family Network; Missouri Baptist
Convention, Christian Life Commission; and Missouri Pharmacy
Association.

OPPONENTS:  Those who oppose the bill say that a business entity
does not have a conscience and, therefore, should not be given
the right to refuse to fill a class of prescriptions for women.
The bill violates the public accommodations part of the Missouri
Human Rights Act and the Supremacy Clause of the federal
Constitution.  Most of the pharmacies that refuse to stock and
sell the drugs don't understand how the chemicals work.  The
legislation is poorly drafted and risks litigation under the
consumer protection laws of the Federal Trade Commission Act.
The bill is poor public policy and imposes one more stumbling
block to prevent an unwanted pregnancy.

Testifying against the bill were NARAL Pro-Choice Missouri;
Planned Parenthood of Kansas and Mid-Missouri; American Civil
Liberties Union of Eastern Missouri; Missouri Women's Network;
and Becky Turnen, Missouri Religious Coalition for Reproductive
Choice.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am