States and Territories
Three
states have no protection of conscience laws: Alabama, New
Hampshire and Vermont.
Ohio Revised Code
Section 4731.91
(A) No private hospital, private hospital director, or governing board of a private
hospital is required to permit an abortion.
(B) No public hospital, public hospital director, or governing board of a public hospital
is required to permit an abortion.
(C) Refusal to permit an abortion is not grounds for civil liability nor a basis for
disciplinary or other recriminatory action.
(D) No person is required to perform or participate in medical procedures which result in
abortion, and refusal to perform or participate in the medical procedures is not grounds
for civil liability nor a basis for disciplinary or other recriminatory action.
(E) Whoever violates division (D) of this section is liable in civil
damages.
1998 Oklahoma State Statutes
§63-1-741.
A. No private hospital, hospital
director or governing board of a private hospital in Oklahoma, is required to permit
abortions to be performed or induced in such hospital. Refusal to permit an
abortion, in accordance with a standard policy, is not grounds for civil liability nor a
basis for disciplinary or other recriminatory action.
B. No person may be required to perform, induce or participate in medical procedures
which result in an abortion which are in preparation for an abortion or which involve
aftercare of an abortion patient, except when the aftercare involves emergency medical
procedures which are necessary to protect the life of the patient, and refusal to perform
or participate in such medical procedures is not grounds for civil liability nor a basis
for disciplinary or other recriminatory action.
C. The rights and immunities granted by this section shall not include medical
procedures in which a woman
is in the process of the spontaneous, inevitable abortion of an unborn child, the death of
thechild is imminent, and the procedures are necessary to prevent the death of the mother.
Immunities; basis for prohibiting health care provider from participation;
notification; permissible sanctions.
Except as provided in ORS
127.890:
(1) No person shall be subject to civil or criminal liability or
professional disciplinary action for participating in good faith compliance
with ORS 127.800 to 127.897. This includes being present when a qualified
patient takes the prescribed medication to end his or her life in a humane
and dignified manner.
(2) No professional organization or association, or health care provider,
may subject a person to censure, discipline, suspension, loss of license,
loss of privileges, loss of membership or other penalty for participating or
refusing to participate in good faith compliance with ORS 127.800 to
127.897.
(3) No request by a patient for or provision by an attending physician of
medication in good faith compliance with the provisions of ORS 127.800 to
127.897 shall constitute neglect for any purpose of law or provide the sole
basis for the appointment of a guardian or conservator.
(4) No health care provider shall be under any duty, whether by contract, by
statute or by any other legal requirement to participate in the provision to
a qualified patient of medication to end his or her life in a humane and
dignified manner. If a health care provider is unable or unwilling to carry
out a patient's request under ORS 127.800 to 127.897, and the patient
transfers his or her care to a new health care provider, the prior health
care provider shall transfer, upon request, a copy of the patient's relevant
medical records to the new health care provider.
(5)(a) Notwithstanding any other provision of law, a health care provider
may prohibit another health care provider from participating in ORS 127.800
to 127.897 on the premises of the prohibiting provider if the prohibiting
provider has notified the health care provider of the prohibiting provider's
policy regarding participating in ORS 127.800 to 127.897. Nothing in this
paragraph prevents a health care provider from providing health care
services to a patient that do not constitute participation in ORS 127.800 to
127.897.
(b) Notwithstanding the provisions of subsections (1) to (4) of this
section, a health care provider may subject another health care provider to
the sanctions stated in this paragraph if the sanctioning health care
provider has notified the sanctioned provider prior to participation in ORS
127.800 to 127.897 that it prohibits participation in ORS 127.800 to
127.897:
(A) Loss of privileges, loss of membership or other sanction provided
pursuant to the medical staff bylaws, policies and procedures of the
sanctioning health care provider if the sanctioned provider is a member
of the sanctioning provider's medical staff and participates in ORS
127.800 to 127.897 while on the health care facility premises, as
defined in ORS 442.015, of the sanctioning health care provider, but not
including the private medical office of a physician or other provider;
(B) Termination of lease or other property contract or other nonmonetary
remedies provided by lease contract, not including loss or restriction
of medical staff privileges or exclusion from a provider panel, if the
sanctioned provider participates in ORS 127.800 to 127.897 while on the
premises of the sanctioning health care provider or on property that is
owned by or under the direct control of the sanctioning health care
provider; or
(C) Termination of contract or other nonmonetary remedies provided by
contract if the sanctioned provider participates in ORS 127.800 to
127.897 while acting in the course and scope of the sanctioned
provider's capacity as an employee or independent contractor of the
sanctioning health care provider. Nothing in this subparagraph shall be
construed to prevent:
(i) A health care provider from participating in ORS 127.800 to
127.897 while acting outside the course and scope of the provider's
capacity as an employee or independent contractor; or
(ii) A patient from contracting with his or her attending physician
and consulting physician to act outside the course and scope of the
provider's capacity as an employee or independent contractor of the
sanctioning health care provider.
(c) A health care provider that imposes sanctions pursuant to paragraph
(b) of this subsection must follow all due process and other procedures the
sanctioning health care provider may have that are related to the imposition
of sanctions on another health care provider.
(d) For purposes of this subsection:
(A) "Notify" means a separate statement in writing to the health care
provider specifically informing the health care provider prior to the
provider's participation in ORS 127.800 to 127.897 of the sanctioning
health care provider's policy about participation in activities covered
by ORS 127.800 to 127.897.
(B) "Participate in ORS 127.800 to 127.897" means to perform the duties
of an attending physician pursuant to ORS 127.815, the consulting
physician function pursuant to ORS 127.820 or the counseling function
pursuant to ORS 127.825. "Participate in ORS 127.800 to 127.897" does
not include:
(i) Making an initial determination that a patient has a terminal
disease and informing the patient of the medical prognosis;
(ii) Providing information about the Oregon Death with Dignity Act
to a patient upon the request of the patient;
(iii) Providing a patient, upon the request of the patient, with a
referral to another physician; or
(iv) A patient contracting with his or her attending physician and
consulting physician to act outside of the course and scope of the
provider's capacity as an employee or independent contractor of the
sanctioning health care provider.
(6) Suspension or termination of staff membership or privileges under
subsection (5) of this section is not reportable under ORS 441.820. Action
taken pursuant to ORS 127.810, 127.815, 127.820 or 127.825 shall not be the
sole basis for a report of unprofessional or dishonorable conduct under ORS
677.415 (2) or (3).
(7) No provision of ORS 127.800 to 127.897 shall be construed to allow a
lower standard of care for patients in the community where the patient is
treated or a similar community. [1995 c.3 s.4.01; 1999 c.423 s.10]
Note: As originally enacted by the people, the leadline to section
4.01 read "Immunities." The remainder of the leadline was added by editorial
action.
435.215 Right to refuse services protected.
The refusal of any person to accept family planning and birth control services shall in no
way affect the right of such person to receive public assistance or any other public
benefit and every person to whom such services are offered shall be so advised initially
both orally and in writing. Employees engaged in the administration of ORS 435.205 to
435.235 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 ORS 435.205
to 435.235 shall in any way abridge such individual right, nor shall any individual be
required to state the reason for refusing the offer of family planning and birth control
services. [1967 c.491 s.3; 1971 c.779 s.66; 1987 c.158 s.81]
435.225 Refusal by employee to offer services.
Any employee of the Adult and Family Services Division may refuse to accept the duty of
offering family planning and birth control services to the extent that such duty is
contrary to the personal or religious beliefs of the employee. However, such employee
shall notify the immediate supervisor in writing of such refusal in order that
arrangements may be made for eligible persons to obtain such information and services from
another employee. Such refusal shall not be grounds for any disciplinary action, for
dismissal, for any interdepartmental transfer, for any other discrimination in employment,
or for suspension from employment, or for any loss in pay or other benefits. [1967 c.491
s.4; 1971 c.779 s.67]
435.235 Construction of ORS 435.205 to 435.235.
ORS 435.205 to 435.235 shall be liberally construed to protect the rights of all
individuals to pursue their religious beliefs, to follow the dictates of their own
consciences, to prevent the imposition upon any individual of practices offensive to the
individual's moral standards, to respect the right of every individual to
self-determination in the procreation of children, and to insure a complete freedom of
choice in pursuance of constitutional rights. [1967 c.491 s.5]
435.435 Effect of refusal to consent to termination.
The refusal of any person to
consent to a termination of pregnancy or to submit thereto shall not be grounds for loss
of any privilege or immunity to which the person is otherwise entitled nor shall consent
to or submission to a termination of pregnancy be imposed as a condition to the receipt of
any public benefits. [1969 c.684 ss.7,12; 1983 c.470 s.5]
435.475 Refusal to admit patient for termination.
(1) Except as provided in subsection (3) of this section, no hospital is required to admit
any patient for the purpose of terminating a pregnancy. No hospital is liable for its
failure or refusal to participate in such termination if the hospital has adopted a policy
not to admit patients for the purposes of terminating pregnancies. However, the hospital
must notify the person seeking admission to the hospital of its policy.
(2) All hospitals that have not adopted a policy not to admit patients seeking termination
of a pregnancy shall admit patients seeking such termination in the same manner and
subject to the same conditions as imposed on any other patient seeking admission to the
hospital.
(3) No hospital operated by this state or by a political subdivision in this state is
authorized to adopt a policy of excluding or denying admission to any person seeking
termination of a pregnancy. [1969 c.684 s.9; 1983 c.470 s.2]
435.485 Medical personnel not required to participate in termination.
(1) No physician is required to give advice with respect to or participate in any
termination of a pregnancy if the refusal to do so is based on an election not to give
such advice or to participate in such terminations and the physician so advises the
patient.
(2) No hospital employee or member of the hospital medical staff is
required to participate in any termination of a pregnancy if the
employee or staff member notifies the hospital of the election not to
participate in such terminations. [1969 c.684 ss.10,11; 1983 c.470 s.3]
(The following provisions from HB 2700, 9 March, 2007, have been incorporated into the Oregon Revised
Statutes, 750.055 and 750.333. The bill was signed by the Governor on
31 May, 2007)
(1) A prescription drug benefit
program, or a prescription drug benefit offered under a health benefit plan
as defined in ORS 743.730 or under a student health insurance policy, must
provide payment, coverage or reimbursement for:
(a) Prescription contraceptives; and
(b) If covered for other drug benefits under the program, plan or
policy, outpatient consultations, examinations, procedures and medical
services that are necessary to prescribe, dispense, deliver, distribute,
administer or remove a prescription contraceptive.
(2) The coverage required by subsection (1) of this section may be
subject to provisions of the program, plan or policy that apply equally to
other prescription drugs covered by the program, plan or policy, including
but not limited to required copayments, deductibles and coinsurance.
(3) As used in this section, 'contraceptive' means a drug or device
approved by the United States Food and Drug Administration to prevent
pregnancy.
(4) A religious employer is exempt from the requirements of this section
with respect to a prescription drug benefit program or a health benefit plan
it provides to its employees. A 'religious employer' is an employer:
(a) Whose purpose is the inculcation of religious values;
(b) That primarily employs persons who share the religious tenets of the
employer;
(c) That primarily serves persons who share the religious tenets of the
employer; and
(d) That is a nonprofit organization under section 6033(a)(2)(A)(i) or
(iii) of the Internal Revenue Code
Pennsylvania Statutes
Chapter 32 Abortion
§ 3213. Prohibited acts.
(d) Participation in abortion.--Except for a facility devoted exclusively to the
performance of abortions, no medical personnel or medical facility, nor any employee,
agent or student thereof, shall be required against his or its conscience to aid, abet or
facilitate performance of an abortion or dispensing of an abortifacient and failure or
refusal to do so shall not be a basis for any civil, criminal, administrative or disciplinary action, penalty or
proceeding, nor may it be the basis for refusing to hire or admit anyone. Nothing herein
shall be construed to limit the provisions of the act of October 27, 1955 (P.L.744,
No.222), known as the "Pennsylvania Human Relations Act." Any person who
knowingly violates the provisions of this subsection shall be civilly liable to the person
thereby injured and, in addition, shall be liable to that person for punitive damages in
the amount of $5,000.
Rhode Island General Laws
23-17-11
Title 23 Health and Safety
Chapter 23-17
Licensing of Health Care Facilities
Section 23-17-11
§ 23-17-11
Abortion and sterilization -- Protection for
nonparticipation -- Procedure. --
A physician or any other person who is a member of or associated with
the medical staff of a health care facility or any employee of a health
care facility in which an abortion or any sterilization procedure is
scheduled, and who shall state in writing an objection to the abortion
or sterilization procedure on moral or religious grounds, shall not be
required to participate in the medical procedures which result in the
abortion or sterilization, and the refusal of the person to participate
therein shall not form the basis for any claim of damages on account of
the refusal or for any disciplinary or recriminatory action against the
person.
South Carolina Code of Laws
Title 44 - Health
Chapter 41. Abortions
Section 44-41-40. Certain hospitals or
clinics may refuse to perform abortions
No private or nongovernmental hospital or clinic shall be required to admit any
patient for the purpose of terminating a pregnancy, nor shall such institutions be
required to permit their facilities to be utilized for the performance of abortions.
No cause of action shall arise against any such hospital or clinic for refusal to
perform or to allow the performance of an abortion if the institution has adopted a policy
not to admit patients for the purpose of terminating pregnancies; provided, that no
hospital or clinic shall refuse an emergency admittance.
SECTION 44-41-50. Medical employees shall not be required to aid in
abortions; providing necessary aftercare following abortion.
(a) No physician, nurse, technician or other employee of a hospital, clinic or
physician shall be required to recommend, perform or assist in the performance of an
abortion if he advises the hospital, clinic or employing physician in writing that he
objects to performing, assisting or otherwise participating in such procedures. Such
notice will suffice without specification of the reason therefor.
(b) No physician, nurse, technician or other person who refuses to perform or assist in
the performance of an abortion shall be liable to any person for damages allegedly arising
from such refusal.
(c) No physician, nurse, technician 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 disciplined or discriminated against by the hospital or clinic with
which he is affiliated or by which he is employed. A civil action for damages or
reinstatement of employment, or both, may be prosecuted by any person whose employment or
affiliation with a hospital or clinic has been altered or terminated in violation of this
chapter.
South Dakota Codified Law
34-23A-11. Counselor or social worker
not liable for arranging abortion -- Retaliation from employer prohibited.
No counselor, social worker or anyone else who may be in such a position where the
abortion question may appear as a part of their workday routine, shall be liable to any
person for damages allegedly arising from advising or helping to arrange for or for
refusal to arrange or encourage abortion, and there shall be no retaliation from any
agency or institution with which such person may be affiliated or by which he may be
employed.
34-23A-12. No liability for refusal to perform abortion.
No physician, nurse or other person who refuses to perform or assist in the performance of
an abortion shall be liable
to any person for damages arising from that refusal.
34-23A-13. Medical facility not to
discriminate for performance or refusal to perform abortion.
No physician, nurse or other person who performs or refuses to perform or assist in
the performance of an abortion shall, because of that performance or refusal, be
dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital or other
medical facility with which he is affiliated or by which he is employed.
34-23A-14. Hospital not required to perform abortions -- No liability for refusal
of abortion as policy.
No hospital licensed pursuant to the provisions of chapter 34-12 is required to admit any
patient for the purpose of terminating a pregnancy pursuant to the provisions of this
chapter. No hospital is liable for its failure or refusal to participate in such
termination if the hospital has adopted a policy not to admit patients for the purpose of
terminating pregnancies as provided in this chapter.
36-11-70. Refusal to dispense medication.
No pharmacist may be required to dispense medication if there is reason to believe that
the medication would be used to:
(1) Cause an abortion; or
(2) Destroy an unborn child as defined in subdivision 22-1-2(50A); or
(3) Cause the death of any person by means of an assisted suicide, euthanasia, or mercy
killing.
No such refusal to dispense medication pursuant to this section may be the basis for
any claim for damages against the pharmacist or the pharmacy of the pharmacist or the
basis for any disciplinary, recriminatory, or discriminatory action against the
pharmacist.
Tennessee Code
39-15-204. Right to refuse to
perform abortions.
No physician shall be
required to perform an abortion and no person shall be required to
participate in the performance of an abortion. No hospital shall be required
to permit abortions to be performed therein. [Acts 1989, ch. 591, § 1.]
39-15-205. Right of hospitals to refuse to accept abortion patients.
No section of this part shall be construed to force a hospital to accept a
patient for an abortion.
[Acts 1989, ch. 591, § 1.]
68-34-104. Contraceptives —
Availability — Information — Religious belief. —
(5) 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;
Vernon's Civil Statutes
Art. 4512.7. Right not to perform abortions.
Sec. 1. Personnel Not Required to Participate in Abortion Procedures.
A physician, nurse, staff member, or employee of a hospital or other health care
facility who objects to performing or participating, directly or indirectly, in an
abortion procedure may not be required to perform or participate, directly or indirectly,
in an abortion procedure.
Sec. 2. Private Hospitals Not Required to Make Facilities Available.
A private hospital or private health care facility may not be required to make its
facilities available for the performance of an abortion unless a physician determines that
the life of the mother is immediately endangered.
Sec. 3. Discrimination Prohibited.
A hospital or health care facility may not discriminate in any manner against a physician,
nurse, staff member, or employee or against an applicant for such positions, who refuses
to perform or participate in an abortion procedure. No physician, nurse, staff
person, or employee shall be discriminated against for their willingness to participate in
abortion procedures at other facilities. An educational institution may not
discriminate against applicants for admission or employment as students, interns, or
residents because of their attitudes concerning abortion.
Sec. 4. Remedies.
A person whose rights under this Act are violated may sue a hospital, health care
facility, or educational institution in district court in the county where the hospital,
facility, or institution is located to enjoin further violations of this Act and for such
affirmative relief as may be appropriate, including, but not limited to, admission or
reinstatement of employment with back pay plus 10 percent interest, and any other relief
necessary to ensure compliance with the provisions of this Act.
Acts 1977, 65th Leg., p. 1870, ch. 745, eff. Aug. 29, 1977.