Analysis of HB 293 mandating pharmacists dispense and hospitals provide abortifacient emergency abortion pills

When you have the chance to read the bill HB 293, you'll find some scary stuff for pharmacists.

Ohio HB 293:

1. "Access to contraceptives in pharmacies" (RC 4729.43(A) to (D)

"If a customer of a pharmacy requests a contraceptive that is in stock, the bill requires the pharmacy to ensure that the contraceptive is provided to the customer without delay." (Goes on to describe what this means, and what they should do if they don't have it, etc.)

2. "Remedies and enforcement" (RC 4729.16 and 4729.44)

If a "violation" has occurred, persons are permitted to file a complaint with the State Board of Pharmacy. NLT 30 days after the complaint is received, the Board must investigate. If violation occurred, pharmacist may be fined not more than $5,000 for each violation.

The bill also permits civil action against the pharmacist by the "injured" person.

The Ohio Attorney General also can bring action against the pharmacist, which may "include compensatory damages and punitive damages not exceeding $5,000 for each violation."

"[Ohio] State Board of Pharmacy disciplinary actions: If a pharmacist or pharmacy intern fails to comply with the bill's provisions on access to contraceptives in pharmacies, the bill permits the Board to use its existing authority to take disciplinary actions relative to the individual's license to practice pharmacy. As specified in existing law, the Board may revoke, suspend, limit, place on probation, or impose a monet6ary penalty or forfeiture..."

"Emergency Contraception" (RC 3727.60 and 3727.601(A), (B), and (D)(1)

Hospital must provide victims of sexual offenses with "medically and factually accurate, unbiased, and clear and concise [sic] written and oral information about emergency contraception. Bill specifies that the information must explain several points, including:

"That emergency contraception does not cause an abortion and studies have shown that it does not interrupt an established pregnancy."

This bill will not only affect pharmacists, but pro-life physicians.

Here's a bill analysis link: "H.B. 293, 128th General Assembly, As introduced, sponsors: Yates, Yuko, Boyd, and many more."

It's companion bill, SB 176, is available here.

Kristine Severyn, PhD, RPh
Pharmacist and Doctorate in Biopharmaceutics

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