States and Territories
Three states have no protection of conscience laws: Alabama, New Hampshire and Vermont.
Ohio
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.
Oklahoma
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.
Oregon
Oregon Revised Statutes (Death With Dignity Act ) 127.885 s.4.01.
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.
Oregon Revised Statutes (Family planning & abortion)
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]
Insurance Code
(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
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
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
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
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
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;
Texas
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.