CHAPTER 226

(HB 1244)

Pharmacists may refuse to dispense drugs that may cause abortions.

         ENTITLED, An Act  to revise certain provisions relating to the practice of pharmacy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:

             (1)    Cause an abortion; or

             (2)    Destroy an unborn child as defined in subdivision 22-1-2(50A); or

             (3)    Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.

     No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist.

     Signed March 13, 1998.

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