Establishing the protecting professional freedom of conscience from government discrimination Act, and including effective date provisions

The bill provides that notwithstanding any law to the contrary, the state shall not take any discriminatory or adverse action against a person holding a license, certification, or registration granted by the state, wholly or partially on the basis that such person takes certain actions, as specified in the bill, based upon the sincerely held religious beliefs and moral convictions protected by the bill. The bill specifies the discriminatory or adverse actions prohibited by the state against a person protected under the bill and provides that a person may assert an actual or threatened violation of the bill as a cause of action in any judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. A person may bring an action to assert a claim under the bill no later than two years after the date the person knew or should have known that a discriminatory or adverse action was taken against the person. Standing to assert a claim or defense under the bill is governed by the general rules of standing under the laws of this state. Notwithstanding any provision of law to the contrary, an action under the bill may be commenced, and relief may be granted, in a court of this state without regard to whether the person commencing the action has sought or exhausted available administrative remedies. A prevailing party in an action under the bill who establishes a violation of the bill is entitled to recover reasonable attorney fees and costs. The office of the attorney general may also bring an action for injunctive or declaratory relief against this state to enforce compliance with the bill. The bill is not to be construed to deny, impair, or otherwise affect any right or authority of the office of the attorney general or the state, acting under any law other than the bill, to institute or intervene in any proceeding. The bill is to be construed in favor of a broad protection of the free exercise of sincerely held religious beliefs and moral convictions, to the maximum extent permitted by the terms of the bill and the Constitutions of the State of Iowa and of the United States. The bill is not to be construed to prevent the state from providing any benefit or service authorized under state law. The bill is also not to be construed to authorize a medical provider, hospital, clinic, hospice program, or health care facility to deny visitation, to refuse to recognize an attorney in fact under a durable power of attorney for health care pursuant to Code chapter 144B, or to refuse to provide lifesaving or emergency medical treatment necessary to cure illness or disease. The protection of the free exercise of sincerely held religious beliefs and moral convictions afforded by the bill is in addition to the protections provided under federal law, state law, and the Constitutions of the State of Iowa and of the United States, and the bill is not to be construed to preempt or repeal any state or local law that is equally or more protective of the free exercise of sincerely held religious beliefs or moral convictions or to narrow the meaning or application of any state or local law protecting the free exercise of sincerely held religious beliefs or moral convictions. The bill applies to, and in case of conflict supersedes, any state law that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by the bill, unless a conflicting state law is expressly made exempt from the application of the bill. The bill also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of state authority that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by the bill. The bill includes a Code editor directive to create subchapters in Code chapter 272C and make revisions in Code chapter 272C as a consequence of creating such subchapters. The provisions of the bill are severable. The bill takes effect days after enactment.