H.R. 8820 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8820 IN THE HOUSE OF REPRESENTATIVES September 14, 2022Mr. Carter of Georgia (for himself, Mrs. Harshbarger, Mr. Moore of Utah, Mr. Smith of New Jersey, Mr. Mann, Mr. Lamborn, Mr. McKinley, Mr. Buck, Mr. Gooden of Texas, Mr. Ellzey, Mrs. Cammack, Mrs. Miller of Illinois, Mr. Norman, Mr. Posey, Mr. Steube, Mr. Balderson, Mr. Babin, Mr. Webster of Florida, Mr. Duncan, Mr. Weber of Texas, Mr. Mullin, Mr. Wenstrup, Mr. Aderholt, Mr. Bacon, Mr. Latta, and Mr. Clyde) 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. 1. Short title This Act may be cited as the Pharmacist Conscience Protection Act. 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: 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. .