Relating to the protection of religious beliefs and moral convictions of health care providers and health care facilities

This bill relates to the protection of religious beliefs and moral convictions of health care providers and health care facilities.1 (protection of religious beliefs and moral convictions of health care providers and health care facilities). The bill provides definitions for the purposes of the new Code section, including “health care facility” or “facility”, “health care provider”, “person”, and “religious beliefs and moral convictions”. The bill provides that it is the public policy of the state to protect the religious beliefs and moral convictions of health care providers as a necessary prerequisite to health care providers acting in good faith to fulfill their professional obligation to do no harm. The bill provides that a health care provider who may lawfully perform, assist, participate in, or provide a referral for, any medical procedure, surgery, treatment, counseling, or prescribing in this state, regardless of whether the health care provider’s place of employment is private or public, has the right to refuse to perform, assist, or participate in, or provide a referral for, the medical procedure, surgery, treatment, counseling, or prescribing, if to do so would violate that health care provider’s religious beliefs and moral convictions. The bill prohibits a person from discriminating against any health care provider in any way because of the health care provider’s performance, assistance, or participation in, or provision of a referral for, or refusal to perform, assist, or participate in, or provide a referral for, any medical procedure, treatment, counseling, prescribing, or surgery due to the person’s religious beliefs and moral convictions. Under the bill, a health care facility that is not controlled, maintained, and supported by a public authority shall not be required to provide a referral for or permit any medical procedure, surgery, treatment, counseling, or prescribing if to do so would violate the facility’s religious beliefs and moral convictions. The bill is not to be construed to require a facility to accept a patient for any procedure, surgery, treatment, counseling, or prescribing that would violate the facility’s religious beliefs and moral convictions. The refusal to provide a referral for or permit a medical procedure, surgery, treatment, counseling, or prescribing that would violate the facility’s religious beliefs and moral convictions shall not be grounds for civil liability nor a basis for any disciplinary or other recriminatory action against a health care provider or a health care facility. The bill is not to be construed to allow any person to deny visitation, to deny recognition of a designated representative for health care decision making, or to deny emergency medical examination or treatment as required by the federal Emergency Medical Treatment and Active Labor Act. A health care provider or health care facility may bring a civil action for damages, injunctive relief, or any other appropriate relief for a violation of the bill. The bill may be used as a defense in any action related to or arising out of the exercise of rights protected under the bill. The bill includes a severability clause and makes other conforming changes in the Code to harmonize the provisions of the bill.