| Summary |
The bill creates the Medical Ethics Defense Act (act). The act
recognizes that a health-care professional, health-care institution, and
health-care payer (health-care provider) has a right of conscience. The
act:
•
Defines conscience to mean the ethical, moral, or
religious beliefs or principles held by a health-care provider
and recognizes institutional entities or corporate bodies as
also having a conscience as determined by reference to the
governing documents of the entity or body; and
•
Allows a health-care provider to refuse to participate in or
pay for a medical procedure, treatment, or service that
violates the health-care provider's conscience.
The right of conscience is limited to a particular medical procedure,
treatment, or service. Further, a health-care payer is prohibited from
refusing to pay for services that are specified in the health-care payer's
contract. The act shall not be construed to conflict with the requirement
to provide emergency medical treatment.
A health-care provider:
•
Shall not be discriminated against in any manner as a result
of the health-care provider exercising its right of
conscience; and
•
Is immune from civil, criminal, or administrative liability
for exercising its right of conscience.
The act authorizes a religious health-care provider to make
employment staffing, contracting, and administrative decisions consistent
with its religious beliefs if it holds itself out to the public as religious and
has internal operating procedures that implement its religious purpose or
mission. The act provides protection against discrimination to a
health-care provider that provides information about a violation of the act
or other law to an employer or a state or federal agency or official or that
testifies or participates in proceedings relating to the violation.
Additionally, the act prohibits:
•
Administrative agencies from denying or revoking a
license, certification, or registration, or threatening to do
so, based upon an individual health-care professional
engaging in free speech under the United States
constitution (constitution) or section 10 of article II of the
state constitution; or
•
The state from contracting with, recognizing, approving, or
requiring an individual to obtain certifications or
credentials from a specialty board or other recognizing
agency that refuses to certify or revokes credentials based
upon an individual's engagement in free speech under the
constitution.
A state entity that regulates the provision of medical treatments,
procedures, or services shall promptly notify a health-care provider of any
complaint received by the entity that is based on an exercise of free
speech and that may result in revocation of the health-care provider's
license, certification, or registration.
A party aggrieved by a violation of the act may commence a civil
action and, if a violation has occurred, is entitled to injunctive and
declaratory relief and an award of monetary damages and attorney fees.
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