[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 279 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 279
To amend the Public Health Service Act to prohibit governmental
discrimination 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 referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to prohibit governmental
discrimination against certain health care providers with certain
objections to abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacist Conscience Protection
Act''.
SEC. 2. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE
PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by inserting after section 245 the following:
``SEC. 245A. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE
PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.
``(a) In General.--Notwithstanding any other provision of law, the
Federal Government, and any person or entity that receives Federal
grants, contracts, or financial assistance, including any State or
local government, may not penalize, treat adversely, retaliate against,
or otherwise discriminate against a specified health care provider, or
take any action that has such effect, on the basis that the specified
health care provider does not or declines to store or fill a
prescription, or make a referral, for a drug that is approved by the
Food and Drug Administration to cause an abortion or that the specified
health care provider in good faith believes may be used to cause an
abortion.
``(b) Private Right of Action.--
``(1) In general.--A qualified party may, in a civil
action, obtain appropriate relief, including damages, with
regard to a violation of subsection (a) or threat made in
violation of subsection (a).
``(2) Qualified party.--The term `qualified party' means,
with respect to a violation of subsection (a) or threat made in
violation of such subsection--
``(A) the Attorney General of the United States; or
``(B) any person or entity adversely affected by
such violation or threat without regard to whether such
person or entity is a health care provider.
``(c) Definitions.--For purposes of this section:
``(1) Specified health care provider.--The term `specified
health care provider' includes a pharmacist, pharmacy
technician, pharmacy, or owner of a pharmacy that has an
objection to any abortion or all abortions on moral, religious,
conscience, or medical judgment grounds.
``(2) State or local government.--The term `State or local
government' includes every agency and other governmental unit
and subdivision of a State or local government.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia and includes Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(d) Rules of Construction.--Nothing in this section shall be
construed to--
``(1) require a specified health care provider to
prescribe, fill, refer, or stock any drugs or devices; or
``(2) limit any State or Federal laws equally or more
protective of conscience or religious freedom.''.
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