A group of House GOP members has introduced legislation that would give pharmacists the power to refuse to provide abortion-inducing drugs, undermining recent guidance from the Biden administration warning that pharmacists who do not provide the medications could face legal and financial penalties.
The Pharmacist Conscience Protection Act, introduced by Reps. Buddy Carter (R-GA), Diana Harshbarger (R-TN), and Blake Moore (R-UT), aims to protect healthcare providers from any repercussions or consequences if they decide not to fill a prescription or make a referral for a drug to terminate a pregnancy.
"Your First Amendment rights don’t go away when you put on a white coat," said Rep. Buddy Carter. "This legislation will ensure that pharmacists are able to make the medical decisions that are best for the health of the mother, the life of the child, and the integrity of their practice without threats from non-medically trained bureaucrats. Medical decisions should be made between doctors, pharmacists, and patients — not the federal government.”
The Department of Health and Human Services Office of Civil Rights recently updated its guidance, clarifying that a pharmacy's refusal to fill a prescription for an abortion-inducing drug, including mifepristone, may qualify as sex-based discrimination. The guidance did specify that there are exemptions granted on a case-by-case basis, as health providers can refuse to perform or assist in abortions due to their religious beliefs or moral convictions and refer the patient to another provider instead.
The bill, co-sponsored by 26 House Republicans, is unlikely to pass, as Democrats hold majorities in both the House of Representatives and Senate, though it could be reintroduced later if Republicans regain control after the midterm elections.