States and Territories
Three
states have no protection of conscience laws: Alabama, New
Hampshire and Vermont.
Illinois
745 ILCS 30/0.01 Abortion Performance Refusal Act
Sec. 0.01. Short title.
This Act may be cited as
the Abortion Performance Refusal Act.
(Source: P.A. 86-1324.) (745 ILCS 30/1)
Sec. 1.
(a) No physician, nurse or other person who refuses to
recommend, perform or assist in the performance
of an abortion, whether such abortion be a crime or not, shall be liable to
any person for damages allegedly arising from such refusal.
(b) No hospital that refuses to
permit the performance of an abortion upon its premises, whether such abortion
be a crime or not, shall be liable to any person
for damages allegedly arising from such refusal.
(c) Any person, association, partnership
or corporation that discriminates against another
person in any way, including, but not limited to, hiring,
promotion, advancement, transfer, licensing, granting of hospital privileges, or staff appointments, because of that person's
refusal to recommend, perform or assist in the performance of an
abortion, whether such abortion be a crime
or not, shall be answerable in civil damages equal to 3
times the amount of proved damages, but in no case less than
$2,000.
(d) The license of any hospital, doctor, nurse or any other medical
personnel shall not be revoked or suspended because of a
refusal to permit, recommend, perform or assist in the performance of an abortion.
(Source: P. A. 78-228.)
745 ILCS 70/1 Health Care Right of Conscience Act.
Sec. 1. Short title.
This Act may be cited as the Health Care Right of Conscience Act.
(Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/2)
Sec. 2. Findings and policy.
The General Assembly finds and declares that people and organizations hold
different beliefs about whether certain health care services are morally
acceptable. It is the public policy of the State of Illinois to respect
and protect the right of conscience of all persons who refuse to obtain,
receive or accept, or who are engaged in, the delivery of, arrangement
for, or payment of health care services and medical care whether acting
individually, corporately, or in association with other persons; and to
prohibit all forms of discrimination, disqualification, coercion,
disability or imposition of liability upon such persons or entities by
reason of their refusing to act contrary to their conscience or
conscientious convictions in refusing to obtain, receive, accept, deliver,
pay for, or arrange for the payment of health care services and medical
care. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/3)
Sec. 3. Definitions.
As
used in this Act, unless the context clearly otherwise requires:
(a) "Health care"
means any phase of patient care, including but not limited to, testing;
diagnosis; prognosis; ancillary research; instructions; family planning,
counselling, referrals, or any other advice in connection with the use or
procurement of contraceptives and sterilization or abortion procedures;
medication; or surgery or other care or treatment rendered by a physician
or physicians, nurses, paraprofessionals or health care facility, intended
for the physical, emotional, and mental well-being of persons;
(b) "Physician"
means any person who is licensed by the State of Illinois under the
Medical Practice Act of 1987;
(c) "Health care
personnel" means any nurse, nurses' aide, medical school student,
professional, paraprofessional or any other person who furnishes, or
assists in the furnishing of, health care services;
(d) "Health care
facility" means any public or private hospital, clinic, center,
medical school, medical training institution, laboratory or diagnostic
facility, physician's office, infirmary, dispensary, ambulatory surgical
treatment center or other institution or location wherein health care
services are provided to any person, including physician organizations and
associations, networks, joint ventures, and all other combinations of
those organizations;
(e) "Conscience"
means a sincerely held set of moral convictions arising from belief in and
relation to God, or which, though not so derived, arises from a place in
the life of its possessor parallel to that filled by God among adherents
to religious faiths; and
(f) "Health care
payer" means a health maintenance organization, insurance
company, management services organization, or any other entity that pays
for or arranges for the payment of any health care or medical care
service, procedure, or product. The above definitions include not only the
traditional combinations and forms of these persons and organizations but
also all new and emerging forms and combinations of these persons and
organizations. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/4)
Sec. 4. Liability.
No physician or health care personnel shall be civilly or criminally
liable to any person, estate, public or private entity or public official
by reason of his or her refusal to perform, assist, counsel, suggest,
recommend, refer or participate in any way in any particular form of
health care service which is contrary to the conscience of such physician
or health care personnel. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS
70/5)
Sec. 5. Discrimination.
It
shall be unlawful for any person, public or private institution, or public
official to discriminate against any person in any manner, including but
not limited to, licensing, hiring, promotion, transfer, staff appointment,
hospital, managed care entity, or any other privileges, because of such
person's conscientious refusal to receive, obtain, accept, perform,
assist, counsel, suggest, recommend, refer or participate in any way in
any particular form of health care services contrary to his or her
conscience. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/6)
Sec. 6. Duty of physicians and
other health care personnel.
Nothing in this Act shall relieve a physician from any duty, which may
exist under any laws concerning current standards, of normal medical
practices and procedures, to inform his or her patient of the patient's
condition, prognosis and risks, provided, however, that such physician
shall be under no duty to perform, assist, counsel, suggest, recommend,
refer or participate in any way in any form of medical practice or health
care service that is contrary to his or her conscience. Nothing in this
Act shall be construed so as to relieve a physician or other health care
personnel from obligations under the law of providing emergency medical
care. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/7)
Sec. 7. Discrimination by
employers or institutions.
It shall be unlawful for any public or private employer, entity, agency,
institution, official or person, including but not limited to, a medical,
nursing or other medical training institution, to deny admission because
of, to place any reference in its application form concerning, to orally
question about, to impose any burdens in terms or conditions of employment
on, or to otherwise discriminate against, any applicant, in terms of
employment, admission to or participation in any programs for which the
applicant is eligible, or to discriminate in relation thereto, in any
other manner, on account of the applicant's refusal to receive, obtain,
accept, perform, counsel, suggest, recommend, refer, assist or participate
in any way in any forms of health care services contrary to his or her
conscience. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/8)
Sec. 8. Denial of aid or benefits.
It shall be unlawful for any public official, guardian, agency,
institution or entity to deny any form of aid, assistance or benefits, or
to condition the reception in any way of any form of aid, assistance or
benefits, or in any other manner to coerce, disqualify or discriminate
against any person, otherwise entitled to such aid, assistance or
benefits, because that person refuses to obtain, receive, accept, perform,
assist, counsel, suggest, recommend, refer or participate in any way in
any form of health care services contrary to his or her conscience.
(Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/9)
Sec. 9. Liability.
No person, association, or corporation, which owns, operates, supervises,
or manages a health care facility shall be civilly or criminally liable to
any person, estate, or public or private entity by reason of refusal of
the health care facility to permit or provide any particular form of
health care service which violates the facility's conscience as documented
in its ethical guidelines, mission statement, constitution, bylaws,
articles of incorporation, regulations, or other governing documents.
Nothing in this act shall be construed so as to relieve a physician or
other health care personnel from obligations under the law of providing
emergency medical care. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS
70/10)
Sec. 10. Discrimination against
facility.
It shall be
unlawful for any person, public or private institution or public official
to discriminate against any person, association or corporation attempting
to establish a new health care facility or operating an existing health
care facility, in any manner, including but not limited to, denial,
deprivation or disqualification in licensing, granting of authorizations,
aids, assistance, benefits, medical staff or any other privileges, and
granting authorization to expand, improve, or create any health care
facility, by reason of the refusal of such person, association or
corporation planning, proposing or operating a health care facility, to
permit or perform any particular form of health care service which
violates the health care facility's conscience as documented in its
existing or proposed ethical guidelines, mission statement, constitution,
bylaws, articles of incorporation, regulations, or other governing
documents. (Source: P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/11)
Sec. 11. Denial of aid or benefit
to a facility.
It shall
be unlawful for any public official, agency, institution or entity to deny
any form of aid, assistance, grants or benefits; or in any other manner to
coerce, disqualify or discriminate against any person, association or
corporation attempting to establish a new health care facility or
operating an existing health care facility which otherwise would be
entitled to the aid, assistance, grant or benefit because the existing or
proposed health care facility refuses to perform, assist, counsel,
suggest, recommend, refer or participate in any way in any form of health
care services contrary to the health care facility's conscience as
documented in its existing or proposed ethical guidelines, mission
statement, constitution, bylaws, articles of incorporation, regulations,
or other governing documents. (Source: P.A. 90-246, eff. 1-1-98.) (745
ILCS 70/11.2)
Sec. 11.2. Liability of health
care payer.
No health
care payer and no person, association, or corporation that owns, operates,
supervises, or manages a health care payer shall be civilly or criminally
liable to any person, estate, or public or private entity by reason of
refusal of the health care payer to pay for or arrange for the payment of
any particular form of health care services that violate the health care
payer's conscience as documented in its ethical guidelines, mission
statement, constitution, bylaws, articles of incorporation, regulations,
or other governing documents. (Source: P.A. 90-246, eff. 1-1-98.) (745
ILCS 70/11.3)
Sec. 11.3. Discrimination against
health care payer in licensing.
It shall be unlawful for any person, public or private institution, or
public official to discriminate against any person, association, or
corporation
(i) attempting to establish a new
health care payer or
(ii) operating an existing health
care payer, in any manner, including but not limited to, denial,
deprivation, or disqualification in licensing; granting of authorizations,
aids, assistance, benefits, or any other privileges; and granting
authorization to expand, improve, or create any health care payer, because
the person, association, or corporation planning, proposing, or operating
a health care payer refuses to pay for or arrange for the payment of any
particular form of health care services that violates the health care
payer's conscience as documented in the existing or proposed ethical
guidelines, mission statement, constitution, bylaws, articles of
incorporation, regulations or other governing documents. (Source: P.A.
90-246, eff. 1-1-98.) (745 ILCS 70/11.4)
Sec. 11.4. Denial of aid or
benefits to health care payer for refusal to participate in certain health
care.
It shall be
unlawful for any public official, agency, institution, or entity to deny
any form of aid, assistance, grants, or benefits; or in any other manner
to coerce, disqualify, or discriminate against any person, association, or
corporation attempting to establish a new health care payer or operating
an existing health care payer that otherwise would be entitled to the aid,
assistance, grant, or benefit because the existing or proposed health care
payer refuses to pay for, arrange for the payment of, or participate in
any way in any form of health care services contrary to the health care
payer's conscience as documented in its existing or proposed ethical
guidelines, mission statement, constitution, bylaws, articles of
incorporation, regulations, or other governing documents. (Source: P.A.
90-246, eff. 1-1-98.) (745 ILCS 70/12)
Sec. 12. Actions; damages.
Any person, association, corporation, entity or health care facility
injured by any public or private person, association, agency, entity or
corporation by reason of any action prohibited by this Act may commence a
suit therefor, and shall recover threefold the actual damages, including
pain and suffering, sustained by such person, association, corporation,
entity or health care facility, the costs of the suit and reasonable
attorney's fees; but in no case shall recovery be less than $2,500 for
each violation in addition to costs of the suit and reasonable attorney's
fees. These damage remedies shall be cumulative, and not exclusive of
other remedies afforded under any other state or federal law. (Source:
P.A. 90-246, eff. 1-1-98.) (745 ILCS 70/13)
Sec. 13. Liability for refusal to
provide certain health care.
Nothing in this Act shall be construed as excusing any person, public or
private institution, or public official from liability for refusal to
permit or provide a particular form of health care service if:
(a) the person, public or private
institution or public official has entered into a contract specifically to
provide that particular form of health care service; or
(b) the person, public or private
institution or public official has accepted federal or state funds for the
sole purpose of, and specifically conditioned upon, permitting or
providing that particular form of health care service. (Source: P.A.
90-246, eff. 1-1-98.) (745 ILCS 70/14)
Sec. 14. Supersedes other Acts.
This Act shall supersede all other Acts or parts of Acts to the extent
that any Acts or parts of Acts are inconsistent with the terms or
operation of this Act. (Source: P.A. 90-246, eff. 1-1-98.)
Indiana Code Article 34.Abortion
IC16-34-1-3
Sec. 3. No private or denominational hospital shall be required to permit its facilities
to be utilized for the performance of abortions. As added by P.L.2-1993, SEC.17.
IC16-34-1-4
Sec. 4. No: (1) physician; or (2) employee or member of the staff of a hospital or other
facility in which an abortion may be performed; shall be required to perform an
abortion or to assist or participate in the medical procedures resulting in or intended to
result in an abortion, if that individual objects to such procedures on ethical, moral, or
religious grounds. As added by P.L.2-1993, SEC.17.
IC16-34-1-5
Sec. 5. No person shall be required, as a condition of training, employment, pay,
promotion, or privileges, to agree to perform or participate in the performing of
abortions. As added by P.L.2-1993, SEC.17.
IC16-34-1-6
Sec. 6. No hospital or other person shall discriminate against or discipline a person
because of the person's moral beliefs concerning abortion. As added by P.L.2-1993, SEC.17.
IC16-34-1-7
Sec. 7. A civil action for damages or reinstatement of employment, or
both, may be brought for any violation of sections 4 through 6 of this
chapter.
Iowa Code
146.1 Liability of persons relating to performance of abortions.
An individual who may lawfully perform, assist, or participate in medical procedures
which will result in an abortion shall not be required against that individual's religious
beliefs or moral convictions to perform, assist, or participate in such procedures. A
person shall not discriminate against any individual in any way, including but not limited
to employment, promotion, advancement, transfer, licensing, education, training or the
granting of hospital privileges or staff appointments, because of the individual's
participation in or refusal to participate in recommending, performing or assisting in an
abortion procedure. For the purposes of this chapter, "abortion" means the
termination of a human pregnancy with the intent other than to produce a live birth or to
remove a dead fetus. Abortion does not include medical care which has as its primary
purpose the treatment of a serious physical condition requiring emergency medical treatment necessary to save
the life of a mother.
146.2 Liability of hospitals refusing to
perform abortions.
A hospital, which is not controlled, maintained and supported by a
public authority, shall not be required to permit the performance of an
abortion. 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 the hospital.
Chapter 65.--Public Health
Article 4.--Hospitals and Other Facilities
65-443. Termination of human
pregnancy; performance or participation in medical procedures not required.
No person shall be required to perform or participate in medical procedures which result
in the termination of a pregnancy, and the refusal of any person to perform or participate
in those medical procedures shall not be a basis for civil liability to any person. No
hospital, hospital administrator or governing board of any hospital shall terminate the
employment of, prevent or impair the practice or occupation of or impose any other
sanction on any person because of such person's refusal to perform or participate in the
termination of any human pregnancy.
History: L. 1969, ch. 182, § 1; L. 1975, ch. 313, § 1; July 1.
Kentucky Revised Statutes
311.800 Abortions in publicly owned hospital or health care facility prohibited --Exception -- Injunction to enforce compliance -- Abortions in private hospital
or health care facility -- Unlawful discriminatory practices.
(3) No private hospital or private health care facility shall be required to, or held
liable for refusal to, perform or permit the performance of abortion contrary to its
stated ethical policy.
(4) No physician, nurse staff member or employee of a public or private hospital or
employee of a public or private health care facility, who shall state in writing to such
hospital or health care facility his objection to performing, participating in, or
cooperating in, abortion on moral, religious or professional grounds, be required to, or
held liable for refusal to, perform, participate in, or cooperate in such abortion.
(5) It shall be an unlawful discriminatory practice for the following:
(a) Any person to impose penalties or take disciplinary action against, or to deny or
limit public funds, licenses, certifications, degrees, or other approvals or documents of
qualification to, any hospital or other health care facility due to the refusal of such
hospital or health care facility to perform or permit to be performed, participate in, or
cooperate in, abortion by reason of objection thereto on moral, religious or professional
grounds, or because of any statement or other manifestation of attitude by such hospital
or health care facility with respect to abortion; or,
(b) Any person to impose penalties or take disciplinary action against, or to deny or
limit public funds, licenses, certifications, degrees, or other approvals or documents of
qualification to any physician, nurse or staff member or employee of any hospital or
health care facility, due to the willingness or refusal of such physician, nurse or staff member or employee to perform or participate in
abortion by reason of objection thereto on moral, religious or professional grounds, or
because of any statement or other manifestation of attitude by such physician, nurse or
staff member or employee with respect to abortion; or,
(c) Any public or private agency, institution or person, including a medical, nursing or
other school, to deny admission to, impose any burdens in terms of conditions of
employment upon, or otherwise discriminate against any applicant for admission thereto or
any physician, nurse, staff member, student or employee thereof, on account of the
willingness or refusal of such applicant, physician, nurse, staff member, student or
employee to perform or participate in abortion or sterilization by reason of objection
thereto on moral, religious or professional grounds, or because of any statement or other
manifestation of attitude by such person with respect to abortion or sterilization if that
health care facility is not operated exclusively for the purposes of performing abortions
or sterilizations.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 225, sec. 1, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 255, sec. 11.
311.810 Discrimination for refusal to submit to abortion prohibited.
No woman may be denied governmental assistance or be otherwise discriminated against
or otherwise subjected to coercion in any way for accepting or refusing to accept or
submit to an abortion, which she
may do or not do for any reason without explanation. History: Created 1974 Ky. Acts ch. 255, sec. 12.
La. Rev. Stat. Ann. tit. 40, § 1299.31.
No . . . person or corporation shall be held civilly . . . liable,
discriminated against, . . . or in any way prejudiced or damaged because
of his refusal for any reason to recommend, counsel, perform, assist with
or accommodate an abortion.
La. Rev. Stat. Ann. tit. 40, § 1299.32.
No hospital, clinic or other facility or institution of any kind shall be
held civilly. . . liable, discriminated against, or in any way prejudiced
or damaged because of any refusal to permit or accommodate the performance
of any abortion in said facility or under its auspices.
La. Rev. Stat. Ann. tit. 40, § 1299.33.
No hospital, clinic, or other medical or health facility, whether public
or private, shall ever be denied governmental assistance or be otherwise
discriminated against or otherwise be pressured in any way for refusing to
permit its facilities, staff or employees to be used in any way for the
purpose of performing any abortion.
Maine Revised Statutes
Title 22
Subtitle 2: Health
Part 3: Public Health (Heading: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: Abortions
§ 1591. Immunity and employment protection
No physician, nurse or other person who refuses to perform or assist in the
performance of an abortion, and no hospital or health care facility that refuses to permit
the performance of an abortion upon its premises, shall be liable to any person, firm,
association or corporation for damages allegedly arising from the refusal, nor shall such
refusal constitute a basis for any civil liability to any physician, nurse or other
person, hospital or health care facility nor a basis for any disciplinary or other
recriminatory action against them or any of them by the State or any person. [1977, c.
696, § 186 (new).]
No physician, nurse or other person, who refuses to perform or assist in the performance
of an abortion, shall, because of that refusal, be dismissed, suspended, demoted or
otherwise prejudiced or damaged by a hospital, health care facility, firm, association,
professional association, corporation or educational institution with which he or she is
affiliated or requests to be affiliated or by which he or she is employed, nor shall such
refusal constitute grounds for loss of any privileges or immunities to which such
physician, nurse or other person would otherwise be entitled nor shall submission to an
abortion or the granting of consent therefor be a condition precedent to the receipt of
any public benefits. [1977, c. 696, § 186 (new).]
§ 1592. Discrimination for refusal
No person, hospital, health care facility, firm, association, corporation or
educational institution, directly or indirectly, by himself or another, shall discriminate
against any physician, nurse or other person by refusing or withholding employment from or
denying admittance, when such physician, nurse or other person refuses to perform, or
assist in the performance of an abortion, nor shall such refusal constitute grounds for
loss of any privileges or immunities to which such physician, nurse or other person would
otherwise be entitled. [1977, c. 696, § 186 (new).]
§1903. Authority and policy
4. Objections.
No private institution or physician or no agent or employee of such
institution or physician shall be prohibited from refusing to
provide family planning services when such refusal is based upon
religious or conscientious objection. [ 1973, c. 624, §1 (NEW)]
Maryland Statutes
§ 20-214.
Health - General
(a) (1) A person may not be required to perform or participate in, or refer to any
source for, any medical procedure that results in artificial insemination, sterilization,
or termination of pregnancy.
(2) The refusal of a person to perform or participate in, or refer to a source for, these
medical procedures may not be a basis for:
(i) Civil liability to another person; or
(ii) Disciplinary or other recriminatory action against the person.
(b)(1) A licensed hospital, hospital director, or hospital governing board may not be
required:
(i) To permit, within the hospital, the performance of any medical procedure that results
in artificial insemination, sterilization, or termination of pregnancy; or
(ii) To refer to any source for these medical procedures.
(2) The refusal to permit or to refer to a source for these procedures may not be grounds
for:
(i) Civil liability to another person; or
(ii) Disciplinary or other recriminatory action against the person by this State or any
person.
(d) Notwithstanding any other provision of
this section, a health care provider, a licensed hospital, a hospital director, or a
hospital governing board is not immune from civil damages, if available at law, or from
disciplinary or other recriminatory action, if the failure to refer a patient to a source
for any medical procedure that results in sterilization or termination of pregnancy would
reasonably be determined as:
(1) The cause of death or serious physical injury or serious long-lasting injury to the
patient; and
(2) Otherwise contrary to the standards of medical care.
General Laws of Massachusetts
Chapter 112: Section 12I. Abortion or
sterilization procedures; refusal of hospital or health facility staff members or
employees to participate.
Section 12I. A physician or any other person who is a member of or associated with the
medical staff of a hospital or other health facility or any employee of a hospital or
other health facility in which an abortion or any sterilization procedure is scheduled and
who shall state in writing an objection to such abortion or sterilization procedure on
moral or religious grounds, shall not be required to participate in the medical procedures
which result in such abortion or sterilization, and the refusal of any such person to
participate therein shall not form the basis for any claim of damages on account of such
refusal or for any disciplinary or recriminatory action against such person. The refusal
of any person who has made application to a medical, premedical, nursing, social work, or
psychology program in the commonwealth to agree to counsel, suggest, recommend, assist, or
in any way participate in the performance of an abortion or sterilization contrary to his
religious beliefs or moral convictions shall not form the basis for any discriminatory
action against such person. Conscientious objection to abortion shall not be grounds for
dismissal, suspension, demotion, failure to promote, discrimination in hiring, withholding
of pay or refusal to grant financial assistance under any state aided project, or used in
any way to the detriment of the individual in any hospital, clinic, medical, premedical,
nursing, social work, or psychology school or state aided program or institution which is
supported in whole or in part by the commonwealth.
Chapter 272: Section 21B. Privately controlled hospital or health facility not required
to perform abortion or sterilization procedures, or to furnish contraceptive devices or
information or family planning services.
Section 21B. No privately controlled hospital or other health facility shall be
required to admit any patient for the purpose of performing an abortion, performing any
sterilization procedure, or receiving contraceptive devices or information.
No privately controlled hospital or other privately controlled health facility shall be
required to permit any patient to have an abortion, or any sterilization procedure
performed in said hospital or other health facility, or to furnish contraceptive devices
or information to such patient, nor shall such a hospital or other health facility be
required to furnish any family planning services within or through said hospital or other
health facility or to make referrals to any other hospital or health facility for such
services when said services or referrals are contrary to the religious or moral principles
of said hospital or said health facility as expressed in its charter, by-laws or code of
ethics, or vote of its governing body.
Any such hospital or other health facility exercising the rights granted in this section
shall not on account of the exercise thereof, be disciplined or discriminated against in
any manner or suffer any adverse determination by any person, firm, corporation, or other
entity, including but in no way limited to any political subdivision, board, commission,
department, authority, or agency of the commonwealth.
333.20181 Abortion ; admitting patient not
required; refusal to perform, participate in, or allow; immunity. [M.S.A. 14.15(20181)]
Sec. 20181. A hospital, clinic, institution, teaching institution, or
other health facility is not required to admit a patient for the purpose of performing an
abortion . A hospital, clinic, institution, teaching institution, or other health facility
or a physician, member, or associate of the staff, or other person connected therewith,
may refuse to perform, participate in, or allow to be performed on its premises an
abortion . The refusal shall be with immunity from any civil or criminal liability or
penalty.
History: 1978, Act 368, Eff. Sept. 30, 1978
333.20182 Abortion ; objection; participation in medical procedures not required;
immunity. [M.S.A. 14.15(20182)]
Sec. 20182. A physician, or other individual who is a member of or
associated with a hospital, clinic, institution, teaching institution, or other health
facility, or a nurse, medical student, student nurse, or other employee of a hospital,
clinic, institution, teaching institution, or other health facility in which an abortion
is performed, who states an objection to abortion on professional, ethical, moral, or
religious grounds, is not required to participate in the medical procedures which will
result in abortion . The refusal by the individual to participate does not create a
liability for damages on account of the refusal or for any disciplinary or discriminatory
action by the patient, hospital, clinic, institution, teaching institution, or other
health facility against the individual.
History: 1978, Act 368, Eff. Sept. 30, 1978
333.20183 Abortion ; refusal to give advice; refusal to participate in; immunity.
[M.S.A. 14.15(20183)]
Sec. 20183. (1) A physician who informs a patient that he or she refuses to give
advice concerning, or participate in, an abortion is not liable to the hospital, clinic,
institution, teaching institution, health facility, or patient for the refusal.
(2) A civil action for negligence or malpractice or a disciplinary or discriminatory
action may not be maintained against a person refusing to give advice as to, or
participating in, an abortion based on the refusal. History: 1978, Act 368, Eff. Sept. 30, 1978