Relating to protections for medical practitioners and health care institutions, including those related to the exercise of conscience, whistleblower activities, and free speech, and providing penalties

This bill relates to protections for medical practitioners (practitioner), health care institutions (institution), and health care payors (payor), involving exercise of conscience, whistleblower activities, and free speech. The bill provides definitions for “conscience”, “discrimination”, “health care institution”, “health care payor”, “health care services”, “medical practitioner”, and “participate in a health care service”. The bill provides that a practitioner, institution, or payor has the right not to participate in or pay for a health care service (service) that violates the practitioner’s, institution’s, or payor’s conscience. A practitioner, institution, or payor who refuses to participate in a service due to exercise of conscience shall not be discriminated against for refusing to participate. The bill is not to be construed to relieve a practitioner, institution, or payor of the requirement under federal law to provide emergency medical services to certain individuals. The bill provides that a practitioner, institution, or payor that holds itself out to the public as religion-based, as described in the bill, shall have the right to make employment, staffing, contracting, and admitting privilege decisions consistent with the entity’s religious beliefs. The bill provides that a practitioner, institution, or payor shall not be civilly, criminally, or administratively liable for the practitioner’s, institution’s, or payor’s exercise of conscience. An institution shall not be civilly, criminally, or administratively liable for the excise of conscience by a practitioner employed, contracted, or granted admitting privileges by the institution. The bill provides whistleblower protections by providing that a practitioner, institution, or payor shall not be discriminated against because the practitioner, institution, or payor takes certain actions, as described in the bill, relating to a suspected violation of the bill. The bill prohibits discrimination against a practitioner, institution, or payor because the practitioner, institution, or payor discloses information as described in the bill. The bill is not to be construed to exempt a person from the requirements of the federal Health Insurance Portability and Accountability Act. The bill also provides that the department of health and human services (HHS), a health professional licensing board, or any other state licensing or certifying entity of a practitioner, institution, or payor shall not reprimand, sanction, or revoke or threaten to revoke a license or certification of a practitioner, institution, or payor for engaging in speech, expressive activity (activity), or association protected under the first amendment unless HHS, the licensing board, or other licensing or certifying entity demonstrates by clear and convincing evidence that the speech, activity, or association was the direct cause of physical harm to a person with whom the practitioner, institution, or payor had a medical practitioner-patient or medical practitioner-client relationship within the three years immediately preceding the incident of physical harm. Within days of receiving a complaint alleging a violation of speech, activity, or association as described in the bill, HHS, a licensing board, or other licensing or certifying entity shall provide the practitioner, institution, or payor with a copy of the complaint. If HHS, a licensing board, or other licensing or certifying entity fails to provide the complaint within days, HHS, the licensing board, or other certifying entity shall pay the practitioner, institution, or payor an administrative penalty of $500 for each day of noncompliance. If HHS, a licensing board, or other licensing or certifying entity revokes or refuses to issue a certification or credential to a practitioner, institution, or payor who is in compliance with the bill and did not provide medical advice or treatment to a patient or client, the state shall not contract with, recognize, approve, or require the certification or credential issued or approved by HHS, the licensing board, or other licensing or certifying entity. The bill provides that it is unlawful for a person to interfere or attempt to interfere with the right not to participate in or pay for a service, or with the whistleblower or free speech rights and protections authorized under the bill. An institution, payor, or practitioner injured by unlawful interference under the bill is entitled to bring a civil action that, if successful, may result in relief as detailed in the bill. The bill shall not be construed to deny, abrogate, or impair a common law or statutory right, remedy, or prohibition. An additional burden or expense arising from another practitioner’s, institution’s, or payor’s exercise of conscience is not a defense to a violation of the bill. The bill prohibits a person from bringing a civil action against a person who declines to use or purchase a service from a practitioner, institution, or payor exercising their conscience. The bill includes a severability clause.