What This Bill Does
This bill amends the Public Health Service Act to ban government discrimination against certain health care workers who refuse to store, fill or refer prescriptions for drugs that cause abortion. The bill says the federal government and anyone receiving federal money cannot punish or treat unfairly a health care provider based on their objection to abortion drugs.
Who It Affects
Pharmacists, pharmacy technicians, pharmacies and pharmacy owners with moral, religious or conscience objections to abortion. The federal government and any state, local government, or private organization that receives federal grants, contracts or financial assistance.
Key Provisions
• The federal government, states, and any person or organization receiving federal money cannot penalize, treat adversely or discriminate against a health care provider who refuses to store or fill abortion drugs or make a referral for them (Sec. 245A(a))
• A person harmed by a violation can sue in court for damages, and the U.S. Attorney General can also bring a lawsuit (Sec. 245A(b))
• The bill defines "specified health care provider" to include pharmacists, pharmacy technicians, pharmacies and pharmacy owners with objections to abortion on moral, religious or conscience grounds (Sec. 245A(c)(1))
• The bill does not require health care providers to prescribe, fill, refer or stock any drugs or devices (Sec. 245A(d)(1))
What Changes
If this becomes law, the federal government cannot punish health care workers for refusing to handle abortion drugs. Anyone receiving federal money cannot take action against them for this refusal. People harmed by violations can sue in court for damages.
Important Definitions
"Specified health care provider" means a pharmacist, pharmacy technician, pharmacy or pharmacy owner that has an objection to any abortion or all abortions on moral, religious, conscience or medical judgment grounds (Sec. 245A(c)(1)).
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 279
To amend the Public Health Service Act to prohibit governmental discrimina-
tion against certain health care providers with certain objections to
abortion.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 11, 2023
Mr. CARTER of Georgia (for himself, Mrs. HARSHBARGER, Mr. MOORE of
Utah, Mr. ADERHOLT, Mr. DUNCAN, Mr. BALDERSON, Mr. CLYDE, Mr.
ELLZEY, Mr. WEBSTER of Florida, Mr. WENSTRUP, Mr. WILLIAMS of
Texas, and Mr. FEENSTRA) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to prohibit govern-
mental discrimination against certain health care pro-
viders with certain objections to abortion.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Pharmacist Conscience
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Protection Act’’.
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•HR 279 IH
SEC. 2. PROHIBITING DISCRIMINATION AGAINST CERTAIN
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HEALTH CARE PROVIDERS WITH CERTAIN
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OBJECTIONS TO ABORTION.
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Title II of the Public Health Service Act (42 U.S.C.
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202 et seq.) is amended by inserting after section 245 the
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following:
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‘‘SEC. 245A. PROHIBITING DISCRIMINATION AGAINST CER-
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TAIN HEALTH CARE PROVIDERS WITH CER-
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TAIN OBJECTIONS TO ABORTION.
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‘‘(a) IN GENERAL.—Notwithstanding any other pro-
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vision of law, the Federal Government, and any person
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or entity that receives Federal grants, contracts, or finan-
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cial assistance, including any State or local government,
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may not penalize, treat adversely, retaliate against, or oth-
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erwise discriminate against a specified health care pro-
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vider, or take any action that has such effect, on the basis
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that the specified health care provider does not or declines
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to store or fill a prescription, or make a referral, for a
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drug that is approved by the Food and Drug Administra-
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tion to cause an abortion or that the specified health care
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provider in good faith believes may be used to cause an
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abortion.
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‘‘(b) PRIVATE RIGHT OF ACTION.—
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‘‘(1) IN GENERAL.—A qualified party may, in a
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civil action, obtain appropriate relief, including dam-
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•HR 279 IH
ages, with regard to a violation of subsection (a) or
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threat made in violation of subsection (a).
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‘‘(2) QUALIFIED PARTY.—The term ‘qualified
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party’ means, with respect to a violation of sub-
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section (a) or threat made in violation of such sub-
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section—
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‘‘(A) the Attorney General of the United
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States; or
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‘‘(B) any person or entity adversely af-
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fected by such violation or threat without re-
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gard to whether such person or entity is a
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health care provider.
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‘‘(c) DEFINITIONS.—For purposes of this section:
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‘‘(1) SPECIFIED
HEALTH
CARE
PROVIDER.—
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The term ‘specified health care provider’ includes a
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pharmacist, pharmacy technician, pharmacy, or
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owner of a pharmacy that has an objection to any
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abortion or all abortions on moral, religious, con-
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science, or medical judgment grounds.
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‘‘(2) STATE
OR
LOCAL
GOVERNMENT.—The
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term ‘State or local government’ includes every
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agency and other governmental unit and subdivision
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of a State or local government.
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‘‘(3) STATE.—The term ‘State’ means any of
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the 50 States and the District of Columbia and in-
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•HR 279 IH
cludes Puerto Rico, the Virgin Islands, Guam,
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American Samoa, and the Northern Mariana Is-
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lands.
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‘‘(d) RULES OF CONSTRUCTION.—Nothing in this
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section shall be construed to—
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‘‘(1) require a specified health care provider to
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prescribe, fill, refer, or stock any drugs or devices;
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or
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‘‘(2) limit any State or Federal laws equally or
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more protective of conscience or religious freedom.’’.
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Æ
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