States and Territories
Three states have no protection of conscience laws: Alabama, New Hampshire and Vermont.
Minnesota
Chapter Title: PUBLIC HEALTH PROVISIONS
Section: 145.42
145.42 Abortions; nonliability for refusal to perform.
Subdivision 1. Damages. No physician, nurse, or other person
who refuses to perform or assist in the performance of an abortion,
and no hospital that refuses to permit the performance of an abortion
upon its premises, shall be liable to any person for damages allegedly
arising from the refusal.
Subd. 2. Related actions. 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 with which the person is
affiliated or by which the person is employed.
HIST: 1971 c 693 s 1,2; 1986 c 444
Section: 145.414
145.414 Abortion not mandatory.
(a) No person and no hospital or institution shall be coerced, held
liable or discriminated against in any manner because of a refusal to
perform, accommodate, assist or submit to an abortion for any reason. (b) It is the policy of the state of Minnesota that no health plan company as defined under section 62Q.01, subdivision 4, or health care cooperative as defined under section 62R.04, subdivision 2, shall be required to provide or provide coverage for an abortion. No provision of this chapter; of chapter 62A, 62C, 62D, 62H, 62L, 62M, 62N, 62R, 64B, or of any other chapter; of Minnesota Rules; or of Laws 1995, chapter 234, shall be construed as requiring a health plan company as defined under section 62Q.01, subdivision 4, or a health care cooperative as defined under section 62R.04, subdivision 2, to provide or provide coverage for an abortion.
(c) This section supersedes any provision of Laws 1995, chapter 234, or any act enacted prior to enactment of Laws 1995, chapter 234, that in any way limits or is inconsistent with this section. No provision of any act enacted subsequent to Laws 1995, chapter 234 shall be construed as in any way limiting or being inconsistent with this section, unless the act amends this section or expressly provides that it is intended to limit or be inconsistent with this section.
HIST: 1974 c 177 s 4; 1995 c 234 art 2 s 30
Section: 145.424
145.424 Prohibition of tort actions.
Subdivision 1. Wrongful life action prohibited.
No person shall maintain a cause of action or receive an award of damages on behalf of that person based on the claim that but for the negligent conduct of another, the person would have been aborted.Subd. 2. Wrongful birth action prohibited.
No person shall maintain a cause of action or receive an award of damages on the claim that but for the negligent conduct of another, a child would have been aborted.Subd. 3. Failure or refusal to prevent a live birth.
Nothing in this section shall be construed to preclude a cause of action for intentional or negligent malpractice or any other action arising in tort based on the failure of a contraceptive method or sterilization procedure or on a claim that, but for the negligent conduct of another, tests or treatment would have been provided or would have been provided properly which would have made possible the prevention, cure, or amelioration of any disease, defect, deficiency, or handicap; provided, however, that abortion shall not have been deemed to prevent, cure, or ameliorate any disease, defect, deficiency, or handicap. The failure or refusal of any person to perform or have an abortion shall not be a defense in any action, nor shall that failure or refusal be considered in awarding damages or in imposing a penalty in any action.HIST: 1982 c 521 s 1; 1986 c 444
Mississippi
Mississippi Code Ann. Chapter 107
Health Care Right of Conscience
§ 41-107-1. Title
This chapter may be known and cited as the "Mississippi Health Care
Rights of Conscience Act."
§ 41-107-3. Definitions.
As used in this chapter:(a) "Health care service" means any phase of patient medical care, treatment or procedure, including, but not limited to, the following: patient referral, counseling, therapy, testing, diagnosis or prognosis, research, instruction, prescribing, dispensing or administering any device, drug, or medication, surgery, or any other care or treatment rendered by health care providers or health care institutions.
(b) "Health care provider" means any individual who may be asked to participate in any way in a health care service, including, but not limited to: a physician, physician's assistant, nurse, nurses' aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist, pharmacy employee, researcher, medical or nursing school faculty, student or employee, counselor, social worker or any professional, paraprofessional, or any other person who furnishes, or assists in the furnishing of, a health care procedure.
(c) "Health care institution" means any public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in providing health care services, including, but not limited to: hospitals, clinics, medical centers, ambulatory surgical centers, private physician's offices, pharmacies, nursing homes, university medical schools and nursing schools, medical training facilities, or other institutions or locations where health care procedures are provided to any person.
(d) "Health care payer" means any entity or employer that contracts for, pays for, or arranges for the payment of, in whole or in part, a health care service, including, but not limited to, health maintenance organizations, health plans, insurance companies or management services organizations.
(e) "Employer" means any individual or entity that pays for or provides health benefits or health insurance coverage as a benefit to its employees, whether through a third party, a health maintenance organization, a program of self-insurance, or some other means.
(f) "Participate" in a health care service means to counsel, advise, provide, perform, assist in, refer for, admit for purposes of providing, or participate in providing, any health care service or any form of such service.
(g) "Pay" or "payment" means pay, contract for, or otherwise arrange for the payment of, in whole or in part.
(h) "Conscience" means the religious, moral or ethical principles held by a health care provider, the health care institution or health care payer. For purposes of this chapter, a health care institution or health care payer's conscience shall be determined by reference to its existing or proposed religious, moral or ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations or other relevant documents.
§ 41-107-5. Rights of Conscience of Health Care Providers.
(1) Rights of Conscience. A health care provider has the right not to participate, and no health care provider shall be required to participate in a health care service that violates his or her conscience. However, this subsection does not allow a health care provider to refuse to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. No health care provider shall be civilly, criminally, or administratively liable for declining to participate in a health care service that violates his or her conscience. However, this subsection does not exempt a health care provider from liability for refusing to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(3) Discrimination. It shall be unlawful for any person, health care provider, health care institution, public or private institution, public official, or any board which certifies competency in medical specialties to discriminate against any health care provider in any manner based on his or her declining to participate in a health care service that violates his or her conscience. For purposes of this chapter, discrimination includes, but is not limited to: termination, transfer, refusal of staff privileges, refusal of board certification, adverse administrative action, demotion, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to award any grant, contract, or other program, refusal to provide residency training opportunities, or any other penalty, disciplinary or retaliatory action.
§ 41-107-7. Rights of Conscience of Health Care Institutions
(1) Rights of Conscience. A health care institution has the right not to participate, and no health care institution shall be required to participate in a health care service that violates its conscience. However, this subsection does not allow a health care institution to refuse to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. A health care institution that declines to provide or participate in a health care service that violates its conscience shall not be civilly, criminally or administratively liable if the institution provides a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide or participate in a health care service that violates its conscience. However, this subsection does not exempt a health care institution from liability for refusing to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(3) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any health care institution, or any person, association, corporation, or other entity attempting to establish a new health care institution or operating an existing health care institution, in any manner, including, but not limited to, any denial, deprivation or disqualification with respect to licensure, any aid assistance, benefit or privilege, including staff privileges, or any authorization, including authorization to create, expand, improve, acquire, or affiliate or merge with any health care institution, because such health care institution, or person, association, or corporation planning, proposing, or operating a health care institution, declines to participate in a health care service which violates the health care institution's conscience.
(4) Denial of Aid or Benefit. 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, corporation or other entity attempting to establish a new health care institution or operating an existing health care institution because the existing or proposed health care institution declines to participate in a health care service contrary to the health care institution's conscience.
§ 41-107-9. Rights of conscience of health care payers.
(1) Rights of Conscience. A health care payer has the right to decline to pay, and no health care payer shall be required to pay for or arrange for the payment of a health care service that violates its conscience. However, this subsection does not allow a health care payer to decline to pay or arrange for the payment of a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. No health care payer and no person, association, corporation or other entity that owns, operates, supervises or manages a health care payer shall be civilly or criminally liable by reason of the health care payer's declining to pay for or arrange for the payment of a health care service that violates its conscience. However, this subsection does not exempt from liability a health care payer, or the owner, operator, supervisor or manager of a health care payer, for declining to pay or arranging for the payment of a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(3) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any health care payer, or any person, association, corporation, or other entity (a) attempting to establish a new health care payer, or (b) operating an existing health care payer, in any manner, including, but not limited to, any denial, deprivation, or disqualification with respect to licensure, aid, assistance, benefit, privilege or authorization, including, but not limited to, any authorization to create, expand, improve, acquire, affiliate or merge with any health care payer, because a health care payer, or a person, association, corporation or other entity planning, proposing or operating a health care payer declines to pay for or arrange for the payment of any health care service that violates its conscience.
(4) Denial of Aid or Benefits. 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 coerce, disqualify or discriminate against any health care payer, or any person, association, corporation or other entity attempting to establish a new health care payer or operating an existing health care payer because the existing or proposed health care payer declines to pay for, or arrange for the payment of, any health care service that is contrary to its conscience.
§ 41-107-11. Civil remedies
(1) A civil action for damages or injunctive relief, or both, may be brought for the violation of any provision of this chapter. It shall not be a defense to any claim arising out of the violation of this chapter that such violation was necessary to prevent additional burden or expense on any other health care provider, health care institution, individual or patient.
(2) Damage Remedies. Any individual, association, corporation, entity or health care institution injured by any public or private individual, association, agency, entity or corporation by reason of any conduct prohibited by this chapter may commence a civil action. Upon finding a violation of this chapter, the aggrieved party shall be entitled to recover threefold the actual damages, including pain and suffering, sustained by such individual, association, corporation, entity or health care institution, the costs of the action, and reasonable attorney's fees; but in no case shall recovery be less than Five Thousand Dollars ($5,000.00) for each violation in addition to costs of the action 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.
(3) Injunctive Remedies. The court in such civil action may award injunctive relief, including, but not limited to, ordering reinstatement of a health care provider to his or her prior job position.
§ 41-107-13. Severability.
The provisions of this chapter are declared to be severable, and if any provision, word, phrase or clause of this chapter or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this chapter.
Missouri
Chapter 188 Regulation of Abortions
Section 188.105
Discrimination by employer prohibited because of failure of employee to
participate in abortion--exceptions.
188.105. 1. It shall be unlawful: (1) For an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's refusal to participate in abortion;
(b) To limit, segregate, or classify his, her, or its employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's refusal to participate in abortion;
(c) To discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under sections 188.100 to 188.120 or because he or she has filed a complaint, testified, or assisted in any legal proceeding under sections 188.100 to 188.120;
(2) For any person, whether an employer or employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under sections 188.100 to 188.120, or to attempt to do so.
2. Notwithstanding any other provision of sections 188.100 to 188.120, the acts proscribed in subsection 1 of this section shall not be unlawful if there can be demonstrated an inability to reasonably accommodate an individual's refusal to participate in abortion without undue hardship on the conduct of that particular business or enterprise, or in those certain instances where participation in abortion is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
3. Nothing contained in sections 188.100 to 188.120 shall be interpreted to require any employer to grant preferential treatment to any individual because of such individual's refusal to participate in abortion.
(L. 1986 H.B. 1596)
Section 188.110
Discrimination by colleges, universities and hospitals prohibited-- no
requirement to pay fees, when.
188.110. 1. No public or private college, university or hospital shall
discriminate against any person for refusal to participate in abortion. 2. No applicant, student, teacher, or employee of any school shall be required to pay any fees that would in whole or in part fund an abortion for any other applicant, student, teacher, or employee of that school, if the individual required to pay the fee gives written notice to the proper school authorities that it would be in violation of his or her conscience or beliefs to pay for or fund abortions. The school may require the individual to pay that part of the fees not funding abortions, if the school makes reasonable precautions and gives reasonable assurance that the fees that are paid are segregated from any fund for the payment of abortions.
(L. 1986 H.B. 1596)
Chapter 197 Medical Treatment Facility Licenses
Section 197.032
Hospitals and medical personnel may refuse abortions--no denial of public
benefits for such refusal--civil action, when.
197.032. 1. No physician or surgeon, registered nurse, practical nurse,
midwife or hospital, public or private, shall be required to treat or admit
for treatment any woman for the purpose of abortion if such treatment or
admission for treatment is contrary to the established policy of, or the
moral, ethical or religious beliefs of, such physician, surgeon, registered
nurse, midwife, practical nurse or hospital. No cause of action shall accrue
against any such physician, surgeon, registered nurse, midwife, practical
nurse or hospital on account of such refusal to treat or admit for treatment
any woman for abortion purposes. 2. No person or institution shall be denied or discriminated against in the reception of any public benefit, assistance or privilege whatsoever or in any employment, public or private, on the grounds that they refuse to undergo an abortion, to advise, consent to, assist in or perform an abortion.
3. Any person who shall deny or discriminate against another for refusal to perform or participate in an abortion shall be liable to the party injured in an action at law, suit in equity or other redress.
(L. 1973 H.B. 731 & 793 §§ 1, 2, 3)
Coverage for certain obstetrical/gynecological services--exclusion of contraceptive coverage permitted, when--rulemaking authority.
376.1199. 1. Each health carrier or health benefit plan that offers or issues health benefit plans providing obstetrical/gynecological benefits and pharmaceutical coverage, which are delivered, issued for delivery, continued or renewed in this state on or after January 1, 2002, shall:(1) . . . Nothing in this subsection shall be construed to require a health carrier to perform, induce, pay for, reimburse, guarantee, arrange, provide any resources for or refer a patient for an abortion, as defined in section 188.015, RSMo, other than a spontaneous abortion or to prevent the death of the female upon whom the abortion is performed, or to supersede or conflict with section 376.805 . . .
4. Notwithstanding the provisions of subdivision (4) of subsection 1 of this section to the contrary:
(1) Any health carrier may issue to any person or entity purchasing a health benefit plan, a health benefit plan that excludes coverage for contraceptives if the use or provision of such contraceptives is contrary to the moral, ethical or religious beliefs or tenets of such person or entity;
(2) Upon request of an enrollee who is a member of a group health benefit plan and who states that the use or provision of contraceptives is contrary to his or her moral, ethical or religious beliefs, any health carrier shall issue to or on behalf of such enrollee a policy form that excludes coverage for contraceptives. Any administrative costs to a group health benefit plan associated with such exclusion of coverage not offset by the decreased costs of providing coverage shall be borne by the group policyholder or group plan holder;
(3) Any health carrier which is owned, operated or controlled in substantial part by an entity that is operated pursuant to moral, ethical or religious tenets that are contrary to the use or provision of contraceptives shall be exempt from the provisions of subdivision (4) of subsection 1 of this section.
For purposes of this subsection, if new premiums are charged for a contract, plan or policy, it shall be determined to be a new contract, plan or policy.
5. Except for a health carrier that is exempted from providing coverage for contraceptives pursuant to this section, a health carrier shall allow enrollees in a health benefit plan that excludes coverage for contraceptives pursuant to subsection 4 of this section to purchase a health benefit plan that includes coverage for contraceptives.
6. Any health benefit plan issued pursuant to subsection 1 of this section shall provide clear and conspicuous written notice on the enrollment form or any accompanying materials to the enrollment form and the group health benefit plan contract:
7. Health carriers shall not disclose to the person or entity who purchased the health benefit plan the names of enrollees who exclude coverage for contraceptives in the health benefit plan or who purchase a health benefit plan that includes coverage for contraceptives. Health carriers and the person or entity who purchased the health benefit plan shall not discriminate against an enrollee because the enrollee excluded coverage for contraceptives in the health benefit plan or purchased a health benefit plan that includes coverage for contraceptives.(1) Whether coverage for contraceptives is or is not included;
(2) That an enrollee who is a member of a group health benefit plan with coverage for contraceptives has the right to exclude coverage for contraceptives if such coverage is contrary to his or her moral, ethical or religious beliefs; and
(3) That an enrollee who is a member of a group health benefit plan without coverage for contraceptives has the right to purchase coverage for contraceptives.
Chapter 404- Durable Powers of Attorney for Health Care
Physician, health care facility, may refuse decision of attorney in
fact, when--transfer from facility allowed.
404.830. 1. No physician, nurse, or other individual who is a health care
provider or an employee of a health care facility shall be required to honor
a health care decision of an attorney in fact if that decision is contrary
to the individual's religious beliefs, or sincerely held moral convictions.
2. No hospital, nursing facility, residential care facility, or other health care facility shall be required to honor a health care decision of an attorney in fact if that decision is contrary to the hospital's or facility's institutional policy based on religious beliefs or sincerely held moral convictions unless the hospital or facility received a copy of the durable power of attorney for health care prior to commencing the current series of treatments or current confinement.
3. Any health care provider or facility which, pursuant to subsection 1 or 2 of this section, refuses to honor a health care decision of an attorney in fact shall not impede the attorney in fact from transferring the patient to another health care provider or facility.
Refusal to honor health care decision, discrimination prohibited, when.
404.872. No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be discharged or otherwise discriminated against in his employment or employment application for refusing to honor a health care decision withholding or withdrawing life-sustaining treatment if such refusal is based upon the individual's religious beliefs, or sincerely held moral convictions.
Montana
50-20-111. Right to refuse participation in abortion.
(1) No private hospital or health care facility shall be required contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of its staff or governing board to admit any person for the purpose of abortion or to permit the use of its facilities for such purpose. Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.(2) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in abortion because of religious beliefs or moral convictions. If requested by any hospital or health care facility or person desiring an abortion, such refusal shall be in writing signed by the person refusing, but may refer generally to the grounds of "religious beliefs and moral convictions". The refusal of any person to advise concerning, perform, assist, or participate in abortion shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.
(3) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this section. The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.
(4) Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.
(5) As used in this section, the term "person" includes one or more individuals, partnerships, associations, and corporations.
Nebraska
Chapter 28. Crimes and Punishments.
LAW 28-337. Hospital, clinic, institution; not required to admit patient
for abortion
No hospital, clinic, institution, or other facility in this state shall
be required to admit any patient for the purpose of performing an abortion
nor required to allow the performance of an abortion therein, but the
hospital, clinic, institution, or other facility shall inform the patient of
its policy not to participate in abortion procedures. No cause of action
shall arise against any hospital, clinic, institution, or other facility for
refusing to perform or allow an abortion.
LAW 28-338. No person required to perform an abortion; no
liability for refusal.
No person shall be required to perform or participate in any abortion,
and the refusal of any person to participate in an abortion shall not be a
basis for civil liability to any person. No hospital, governing board, or
any other person, firm, association, or group shall terminate the employment
or alter the position of, prevent or impair the practice or occupation of,
or impose any other sanction or otherwise discriminate against any person
who refuses to participate in an abortion.LAW 28-339 Discrimination against person refusing to participate in an abortion; violation; penalty.
Any violation of section 28-338 is a Class II misdemeanor.LAW 28-340 Discrimination against person refusing to participate in an abortion; damages.
Any person whose employment or position has been in any way altered, impaired, or terminated in violation of sections 28-325 to 28-345 may sue in the district court for all consequential damages, lost wages, reasonable attorney's fees incurred, and the cost of litigation.
LAW 28-341 Discrimination against person refusing to participate in an
abortion; injunctive relief.
Any person whose employment or position has in any way been altered,
impaired, or terminated because of his refusal to participate in an abortion
shall have the right to injunctive relief, including temporary relief,
pending trial upon showing of an emergency, in the district court, in
accordance with the statutes, rules, and practices applicable in other
similar cases.
Nevada
Nevada revised Statutes
NRS 632.475 Unlawful to require participation in abortion.
1. An employer shall not require a registered nurse, a licensed practical
nurse, a nursing assistant or any other person employed to furnish direct
personal health service to a patient to participate directly in the
induction or performance of an abortion if the employee has filed a written
statement with the employer indicating a moral, ethical or religious basis
for refusal to participate in the abortion.2. If the statement provided for in subsection 1 is filed with the employer, the employer shall not penalize or discipline the employee for declining to participate directly in the induction or performance of an abortion.
3. The provisions of subsections 1 and 2 do not apply to medical emergency situations.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1973, 898, 1639; A 1989, 2017)
New Jersey
2A:65A-1. Requirement of person to perform; prohibition
No person shall be required to perform or assist in the performance of an abortion or sterilization.L.1974, c. 111, s. 1, eff. Oct. 2, 1974.
2A:65A-2. Requirement of hospital or other health care facility to provide services or procedures; prohibition
No hospital or other health care facility shall be required to provide abortion or sterilization services or procedures.L.1974, c. 111, s. 2, eff. Oct. 2, 1974.
2A:65A-3. Refusal to perform or provide services or procedures; nonliability
The refusal to perform, assist in the performance of, or provide abortion services or sterilization procedures shall not constitute grounds for civil or criminal liability, disciplinary action or discriminatory treatment.L.1974, c. 111, s. 3, eff. Oct. 2, 1974.
New Mexico
New Mexico Statutes Unannotated
Chapter 30 Criminal Offenses
Chapter 30, Article 5 Abortion
30-5-2 Persons and institutions exempt (1994 Repl.)
This article does not require a hospital to admit any patient for the
purposes of performing an abortion, nor is any hospital required to
create a special hospital board. 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 objects to
the justified medical termination on moral or religious grounds shall not be
required to participate in medical procedures which will result in the
termination of pregnancy, and the refusal of any such person to participate
shall not form the basis of any disciplinary or other recriminatory action
against such person. History: 1953 Comp., § 40A-5-2, enacted by Laws 1969, ch. 67, § 2.
New York
New York Civil Rights Law
s.79-i (Consol.1989) Discrimination against person who refuses to perform certain act prohibited.
1. When the performing of an abortion on a human being or assisting thereat is contrary to the conscience or religious beliefs of any person, he may refuse to perform or assist in such abortion by filing a prior written refusal setting forth the reasons therefor with the appropriate and responsible hospital, person, firm, corporation or association, and no such hospital, person, firm, corporation or association shall discriminate against the person so refusing to act. A violation of the provisions of this section shall constitute a misdemeanor.2. No civil action for negligence or malpractice shall be maintained against a person so refusing to act based on such refusal.
North Carolina
General Statutes
CHAPTER 14. Criminal Law
§ 14-45.1. When abortion not unlawful
(e) Nothing in this section shall require a physician licensed to
practice medicine in North Carolina or any nurse who shall state an
objection to abortion on moral, ethical, or religious grounds, to perform or
participate in medical procedures which result in an abortion. The refusal
of such physician to perform or participate in these medical procedures
shall not be a basis for damages for such refusal, or for any disciplinary
or any other recriminatory action against such physician.(f) Nothing in this section shall require a hospital or other health care institution to perform an abortion or to provide abortion services. (1967, c. 367, s. 2; 1971, c. 383, ss. 1, 11/2; 1973, c. 139; c. 476, s. 128; c. 711; 1997-443, s. 11A.118(a).)
North
Dakota
Century Code
Title 23 Health and Safety
23-16-14. Participation in abortion - Not mandatory.
No hospital, physician, nurse, hospital employee, nor any other person is under any duty, by law or contract, nor may suchhospital or person in any circumstances be required to participate in the performance of an abortion, if such hospital or person objects to such abortion. No such person or institution may be discriminated against because he or they so object.