States and Territories
Three states have no protection of conscience laws: Alabama, New Hampshire and Vermont.
Alaska
Title 18. Health, Safety and Housing
Chapter 18.16. Regulation of Abortions
Sec. 18.16.010. Abortions.
(b) Nothing in this section requires a hospital or person to participate in an
abortion, nor is a hospital or person liable for refusing to participate in an abortion
under this section.
Arizona
36-2151 . Right to refuse to participate in abortion
No hospital is required to admit any patient for the purpose of performing an abortion. A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital, doctor, clinic, or other medical or surgical facility in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical or surgical procedures which will result in the abortion.36-3205 . Health care providers; immunity from liability; conditions
C. A health care provider is not subject to criminal or civil liability or professional discipline for any of the following:1. Failing to comply with a decision or a direction that violates the provider's conscience if the provider promptly makes known the provider's unwillingness and promptly transfers the responsibility for the patient's care to another provider who is willing to act in accordance with the agent's direction.
Arkansas
Arkansas Code
20-16-304.
Public policy – Availability of Procedures, Supplies, and
Information –Exceptions.
(5) No private institution or physician, nor any agent
or employee of such institution or physician, nor any employee of a
public institution acting under directions of a physician, shall be
prohibited from refusing to provide contraceptive procedures, supplies,
and information when the refusal is based upon religious or
conscientious objection. No such institution, employee, agent, or
physician shall be held liable for the refusal.History. Acts 1973, No.235, §4.
§ 20-16-601. Refusal to perform, participate, consent, or submit
(a) No person shall be required to perform or participate in medical procedures
which result in the termination of pregnancy. The refusal of any person to perform or
participate in these medical procedures shall not be a basis for civil liability to any
person nor a basis for any disciplinary or any other recriminatory action against him.
(b) No hospital, hospital director, or governing board shall be required to permit
the termination of human pregnancies within its institution, and the refusal to permit the
procedures shall not be grounds for civil liability to any person nor a basis for any
disciplinary or other recriminatory action against it by the state or any person.
(c) The refusal of any person to submit to an abortion or to give consent for an
abortion shall not be grounds for loss of any privileges or immunities to which the person
would otherwise be entitled, nor shall submission to an abortion or the granting of
consent for an abortion be a condition precedent to the receipt of any public benefits.
History. Acts 1969, No. 61, § 8; A.S.A. 1947, § 41-2560.
California
California Codes
Health and Safety Code
Section 123400-123450 Therapeutic Abortion Act.
123400. This article shall be known
and may be cited as the Therapeutic Abortion Act.123420. (a) No employer or other person shall require a physician, a registered nurse, a licensed vocational nurse, or any other person employed or with staff privileges at a hospital, facility, or clinic
to directly participate in the induction or performance of an abortion, if the employee or other person has filed a written statement with the employer or the hospital, facility, or clinic indicating a moral, ethical, or religious basis for refusal to participate in the abortion.
No such employee or person with staff privileges in a hospital, facility, or clinic shall be subject to any penalty or discipline by reason of his or her refusal to participate in an abortion.
No such employee of a hospital, facility, or clinic that does not permit the performance of abortions, or person with staff privileges therein, shall be subject to any penalty or discipline on account of the person's participation in the performance of an abortion in other than the hospital, facility, or clinic.
No employer shall refuse to employ any person because of the person's refusal for moral, ethical, or religious reasons to participate in an abortion, unless the person would be assigned in the normal course of business of any hospital, facility, or clinic to work in those parts of the hospital, facility, or clinic where abortion patients are cared for.
No provision of this article prohibits any hospital, facility, or clinic that permits the performance of abortions from inquiring whether an employee or prospective employee would advance a moral, ethical, or religious basis for refusal to participate in an abortion before hiring or assigning that person to that part of a hospital, facility, or clinic where abortion patients are cared for.
The refusal of a physician, nurse, or any other person to participate or aid in the induction or performance of an abortion pursuant to this subdivision shall not form the basis of any claim for damages.
(b) No medical school or other facility for the education or training of physicians, nurses, or other medical personnel shall refuse admission to a person or penalize the person in any way because of the person's unwillingness to participate in the performance of an abortion for moral, ethical, or religious reasons.
No hospital, facility, or clinic shall refuse staff privileges to a physician because of the physician's refusal to participate in the performance of abortion for moral, ethical, or religious reasons.
(c) Nothing in this article shall require a nonprofit hospital or other facility or clinic that is organized or operated by a religious corporation or other religious organization and licensed pursuant to Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing with Section 1250) of Division 2, or any administrative officer, employee, agent, or member of the governing board thereof, to perform or to permit the performance of an abortion in the facility or clinic or to provide abortion services.
No such nonprofit facility or clinic organized or operated by a religious corporation or other religious organization, nor its administrative officers, employees, agents, or members of its governing board shall be liable, individually or collectively, for failure or refusal to participate in any such act. The failure or refusal of any such corporation, unincorporated association or individual person to perform or to permit the performance of such medical procedures shall not be the basis for any disciplinary or other recriminatory action against such corporations, unincorporated associations, or individuals. Any such facility or clinic that does not permit the performance of abortions on its premises shall post notice of that proscription in an area of the facility or clinic that is open to patients and prospective admittees.
(d) This section shall not apply to medical emergency situations and spontaneous abortions. Any violation of this section is a misdemeanor.
Colorado
18-6-104 - Failure to comply.
Nothing in sections 18-6-101 to 18-6-104 requires a hospital to admit any patient under said sections for the purposes of performing an abortion, nor is any hospital required to appoint a special hospital board as defined in section 18-6-101 (4). A person who is a member of or associated with the staff of a hospital or any employee of a hospital in which a justified medical termination has been authorized and who states in writing an objection to the termination on moral or religious grounds is not required to participate in the medical procedures which result in the termination of a pregnancy, and the refusal of any such person to participate does not form the basis for any disciplinary or other recriminatory action against the person.25-3-110
(2) Notwithstanding any other provision of law to the contrary, all health care facilities that are licensed pursuant to this Part I and provide emergency care to sexual assault survivors shall amend their evidence collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the survivor on the proper use of emergency contraception and the appropriate follow-up care.(3) Nothing in this section shall be interpreted to require:
(a) a health care professional who is employed by a health care facility that provides emergency care to a sexual assault survivor to inform the survivor of the availability of emergency contraception if the professional refuses to provide the information on the basis of religious or moral beliefs; or
(b) a health care facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the assault.
(4) If any licensed pharmacy does not have non-prescription emergency contraception in stock, the pharmacy shall place a conspicuous notice in the area where customers obtain prescription drugs that states "Plan B emergency contraception not available."
25-6-102. Policy,
authority, and prohibitions against restrictions.
(9) No private institution or physician, nor any agent or employee of
such institution or physician, shall be prohibited from refusing to
provide contraceptive procedures, supplies, and information when such
refusal is based upon religious or conscientious objection, and no such
institution, employee, agent, or physician shall be held liable for such
refusal.
Connecticut
Title 19 Health and Safety
The Public Health Code of the State of Connecticut
§§ 19-13-D54 (2001)
Sec. 19-13-D54. Abortions
(f) No person shall be required to participate in any phase of an abortion
that violates his or her judgment, philosophical, moral or religious
beliefs . .
Delaware
§ 1791. Refusal to perform or submit to medical procedures.
(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy; and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against the person.(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against it by the State or any person.
(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent be a condition precedent to the receipt of any public benefits.
(24 Del. C. 1953, § 1791; 57 Del. Laws, c. 145, § 2; 70 Del. Laws, c. 186, § 1.)
Florida
381.0051 Family planning
(6) Refusal for Religious or Medical Reasons.
--The
provisions of this section shall not be interpreted so as to prevent a
physician or other person from refusing to furnish any contraceptive or
family planning service, supplies, or information for medical or
religious reasons; and the physician or other person shall not be held
liable for such refusal.
Chapter 390
Termination of Pregnancies
390.0111 Termination of pregnancies.--
(8)
Refusal to participate in termination procedure
Nothing in this section shall require any hospital or any person to
participate in the termination of a pregnancy, nor shall any hospital or any person be
liable for such refusal. No person who is a member of, or associated with, the staff of a
hospital, nor any employee of a hospital or physician in which or by whom the termination
of a pregnancy has been authorized or performed, who shall state an objection to such
procedure on moral or religious grounds shall be required to participate in the procedure
which will result in the termination of pregnancy. The refusal of any such person or
employee to participate shall not form the basis
for any disciplinary or other recriminatory action against such person.
Georgia
Official Code 16-12-142 G
*** Code Section *** 12/31/98
16-12-142.
Nothing in this article shall require a hospital or other medical facility or
physician to admit any patient under the provisions of this article for the purpose
of performing an abortion. In addition, any person who states in writing an
objection to any abortion or all abortions on moral or religious grounds shall not
be required to participate in procedures which will result in such abortion;
and the refusal of the person to participate therein shall not form the basis
of any claim for damages on account of such refusal or for any disciplinary or
recriminatory action against the person. The written objection shall remain in
effect until the person revokes it or terminates his association with the facility
with which it is filed.Official Code 49-7-5.
The refusal of any person to accept family-planning services shall in no way affect the right of such person to receive public assistance or public health services or to avail himself of any other public benefit. The employees of the agencies engaged in the administration of this chapter shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual; and nothing in this chapter shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family-planning services.Official Code 49-7-6.
Any employee of the agencies engaged in the administration of this chapter may refuse to accept the duty of offering family-planning services to the extent that such duty is contrary to such employee´s personal religious beliefs; and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his employment, for suspension from employment, or for any loss in pay or other benefits. The directors or supervisors of such agencies shall be authorized, however, to reassign the duties of any such employees in order to carry out this chapter effectively.
Hawaii
[§453-16]
(d) Nothing in this section shall require any hospital or any person to participate in such abortion nor shall any hospital or any person be liable for such refusal. [L 1970, c 1, §2]
Idaho
Title 5
Proceedings in Civil Actions in Courts of Record
Chapter 3 -
Parties to Actions
5-334. Act or Omission Preventing Abortion Not Actionable
(1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.(2) The provisions of this section shall not preclude causes of action based on claims that, but for a wrongful act or omission, fertilization would not have occurred, maternal death would not have occurred or handicap, disease, defect or deficiency of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of the affected individual.
Title 18
Crimes and Punishments
Chapter 6
Abortion and Contraceptives
18-612. Refusal to Perform Abortions- - Physicians and Hospitals Not
Liable [Effective contingent on Governor's Proclamation]
Nothing in this act shall be deemed to
require any hospital to furnish facilities or admit any patient for any abortion if, upon
determination by its governing board, it elects not to do so. Neither shall any physician
be required to perform or assist in any abortion, nor shall any nurse, technician or other
employee of any physician or hospital be required by law or otherwise to assist or
participate in the performance or provision of any abortion if he or she, for personal,
moral or religious reasons, objects thereto. Any such person in the employ or under the
control of a hospital shall be deemed to have sufficiently objected to participation in
such procedures only if he or she has advised such hospital in writing that he or she
generally or specifically objects to assisting or otherwise participating in such procedures. Such notice will suffice
without specification of the reason therefor. No refusal to accept a patient for abortion
or to perform, assist or participate in any such abortion as herein provided shall form
the basis of any claim for damages or recriminatory action against the declining person,
agency or institution.