Protection of Conscience Project
Proposed Legislation
United States (States & Territories)

HB 5158

HB 5290

HB5006

HB 6326

HB 5277

HB 5278

SB 894

SB 895

SB 896

A bill to provide standards for personnel policies to protect the right of conscience of health care providers who conscientiously object to providing or participating in certain health care services under certain circumstances; to provide for protection from certain liability; and to provide for penalties and remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 

Sec. 1.  This act shall be known and may be cited as the "conscientious objector policy act".

Sec. 3.  As used in this act:

(a) "Health facility" means a health facility or agency as defined in section 20106 of the public health code, 1978 PA 368,  MCL 333.20106, a private physician office, or a public or private institution, teaching institution, pharmacy, corporation, partnership, or sole proprietorship that provides a health care service to an individual.

(b) "Health care provider" means a person licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, a student of a health facility, or another person who is employed by or under contract to a  health facility and directly participates in the provision of a health care service.

(c) "Health care service" means the provision or withdrawal of, or research or experimentation involving, a medical treatment, procedure, device, medication, drug, or other  substance intended to affect the physical or mental condition of an individual.

(d) "Medical director" mean that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(e) "Participate" or "participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research,  prepare, or provide material or physical assistance in a health care services.

Sec. 5. 
(1) A health care provider may assert as a matter of conscience an objection to providing or participating in a health care service that conflicts with his or her sincerely held   religious or moral beliefs.

(2) A health care provider shall notify his or her employer in writing of a conscientious objection described in subsection (1).

(3) A health care provider may assert his or her conscientious objection under any of the following conditions:

(a) Upon being offered employment.

(b) At the time the health care provider adopts a religious or moral belief system that conflicts with participation in a health care service.  

(c) At any other time the health care provider considers it necessary to assert a conscientious objection.   

(d) Within 24 hours after receiving notice that he or she may  be asked or scheduled to participate in a health care service to which he or she conscientiously objects.  If the health care provider is given less than 24 hours' notice that he or she has been scheduled to participate in an objectionable health care service, the health care provider shall assert an objection, either orally or in writing, as soon as it is practicable.  

Sec. 7. 
(1) An employer shall retain a health care provider's written objection filed under section 5 for the duration of the health care provider's employment.  The written objection is valid for the duration of the health care provider's employment or until rescinded by the health care provider in  writing. 

(2) After receiving a written objection pursuant to section 5, an employer shall not require the objecting health care provider to provide or participate in the objectionable healthcare service.  

(3) If a health care provider asserts an objection under section 5 less than 24 hours prior to the scheduled health care service, the employer shall make a reasonable effort to exclude the health care provider from participating in the health care service or find a replacement for the health care provider.  

(4) An employer shall not refuse employment or staff privileges to a health care provider who has exercised his or her right to assert an objection to providing or participating in a  health care service under section 5, unless participation in that health care service is indicated as a part of the normal course of duties in the posting of the availability of the position for  employment or staff privileges.

(5) A medical school or other institution for the education or training of a health care provider shall not refuse admission to an individual or penalize that individual because the individual has filed in writing with the medical school or other institution a conscientious objection to participating in a health care service under this act. 

Sec. 9. 
Except as provided in section 11, a health care provider's objection to providing or participating in a health care service as described in section 5 shall not be the basis for 1 or more of the following:

(a) Civil liability to another person.

(b) Criminal action.

(c) Administrative or licensure action. 

(d) Termination of employment or refusal of staff privileges at a health facility. 

(e) An involuntary change in terms or conditions of employment or other disciplinary action, including, but not limited to, termination of employment, by the health care provider's employer.

Sec. 11. 
(1) The protections afforded to a health care provider under this act do not apply under any of the following circumstances:  

(a) A health care provider shall not assert an objection to a health care service if a patient's condition, in the reasonable medical judgment of an attending physician or medical director, requires immediate action to prevent the death of that patient.

(b) A health care provider shall not assert an objection to providing or participating in a health care service based on the classification of a patient or group of patients protected under the Elliot-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, or based on a disease or other medical condition.  

(c) A health care provider shall not make an objection known to or in the presence of a patient who is or may be the subject of the health care service to which the health care provider is objecting.   

(2) If a health care provider asserts an objection to a health care service that at the time the objection is asserted constitutes a regular or substantial portion of the health care provider's current and defined position, the employer may give the health care provider not less than 6 months' notice of the termination of his or her employment.  As used in this section,  "regular or substantial portion" means that 10% or more of the health care provider's daily or weekly hours of duty consist of  providing or participating in that health care service. 

(3) This act does not relieve a health care provider from a duty that exists under another statute or other law pertaining to current standards of acceptable health care practice and procedure to inform a patient of the patient's condition, prognosis, and risks or receiving health care services for the condition.  However, this subsection does not impose a duty on a  health care provider to counsel, recommend, or refer a health care service to which the health care provider has asserted an  objection as described in section 5. 

Sec. 13.
(1) A civil action for damages or reinstatement of employment, or both, may be brought against a person, including, but not limited to, a governmental agency, health facility, or other employer, for penalizing or discriminating against a health care provider, including, but not limited to, penalizing or discriminating in hiring, promotion, transfer, a term or  condition of employment, licensing, or granting of staff privileges or appointments, because that health care provider has  asserted an objection to participating in a health care service     under section 5.  Civil damages may be awarded equal to 3 times the amount of proven damages and attorney fees.  A civil action filed under this subsection may include a petition for injunctive relief against a person alleged to have penalized or discriminated against a health care provider as described in this subsection.

(2) A person who violates this act is responsible for a state civil infraction and may be ordered to pay a fine of not more than $1,000.00 for each day the violation continues or a fine of  not more than $1,000.00 for each occurrence.  

HB5290

HB6336

HB 6326

HB 5277

HB 5278

SB 895

SB 896

SB 972

Senate Bill 894

Sponsors  Tony Stamas - (primary)
Mike Bishop ,  Jason Allen ,  Jim Barcia ,  Wayne Kuipers ,  Dennis Olshove ,  Bill Hardiman ,  Cameron Brown

Referred to the Committee on Health Policy.

A bill to allow certain health facilities to object toCatholic providing or participating in certain procedures under certain circumstances; to provide for protection from certain liability; and to provide for remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:Catholic

Sec. 1.  As used in this act:

(a) "Health facility" means a health facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106, a private physician office, or a public or privateCatholic institution, teaching institution, pharmacy, corporation, partnership, or sole proprietorship that provides a health care service to an individual.

(b) "Health care service" means the provision or withdrawal of, or research or experimentation involving, a medical treatment, procedure, device, medication, drug, or other Catholicsubstance intended to affect the physical or mental condition of an individual.Catholic

(c)Catholic "Health profession" means a vocation, calling, occupation, or employment performed by individuals acting pursuant to a license or registration issued under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.   

(d) "Participate or participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research, prepare, or provide material or physical assistance in a health care service.  

Sec. 2.  (1) Notwithstanding any other provision of the law, a health facility may refuse to provide or participate in a health care service that violates an ethical, moral, or religious principle reflected in its articles of incorporation, bylaws, or an adopted mission statement.  

(2) A health facility shall not assert an objection described in subsection (1) under any of the following circumstances:   

(a) The objection is to a health care service the healthCatholicfacility routinely provides or participates in and is based on a  disagreement with a member of a health profession employed by,  under contract to, or granted privileges by the health facility regarding the medical appropriateness of a health care serviceCatholic for a specific patient if the patient has consented to the provision of the health care service.

(b) The objection excludes an entire health profession.

(3) A health facility shall provide notice of an objection described in subsection (1) to providing a health care service through written public notice or personally in writing at the time an individual seeks to obtain that health care service from Catholicthe health facility.

(4) A health facility's objection as described in subsection (1) to providing or participating in a health care service shall not be a basis for 1 or more of the following:   

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health facility in a grant, contract, or program, where providing or participatingCatholicin the health care service is not expressly required as a condition of eligibility for the grant, contract, or program.

HB5290

HB6336

HB 6326

HB 5277

HB 5278

SB 894

SB 896

SB 972

Senate Bill 895

Sponsors  Bill Hardiman - (primary)
Tony Stamas ,  Wayne Kuipers ,  Jim Barcia ,  Jason Allen ,  Mike Bishop ,  Cameron Brown

Referred to the Committee on Health Policy.

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act,"  (MCL 550.1101 to 550.1704) by adding section 409a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 409a.  (1) Notwithstanding any other provision of law, a health care corporation may refuse to offer or provide a health care benefit that violates an ethical, moral, or religious  principle reflected in its articles of incorporation or bylaws or an adopted mission statement.

(2) A health care corporation shall not refuse to offer or provide a health care benefit under subsection (1) if the benefit is specifically covered under the certificate.  

(3) A health care corporation's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:  

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health care corporation in providing a certificate where offering or providing the health care benefit is not expressly required as a condition of eligibility.              

HB5290

HB6336

HB 6326

HB 5277

HB 5278

SB 894

SB 895

SB 972

Senate Bill 896

Sponsors  Bill Hardiman - (primary)
Tony Stamas ,  Wayne Kuipers ,  Jim Barcia ,  Jason Allen ,  Mike Bishop ,  Cameron Brown

Referred to the Committee on Health Policy.
 

A bill to amend 1956 PA 218, entitled "The insurance code of 1956,"  (MCL 500.100 to 500.8302) by adding section 3406r.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3406r.  (1) Notwithstanding any other provision of law, a health maintenance organization and a health insurer may refuse to offer or provide a health care benefit that violates an ethical, moral, or religious principle reflected in its articles of incorporation, bylaws, or an adopted mission statement.

(2) A health maintenance organization and a health insurer shall not refuse to offer or provide a health care benefit under  subsection (1) if the benefit is specifically covered under the contract, policy, or certificate.

(3) A health maintenance organization and a health insurer's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.  

(b) Eligibility discrimination against the health maintenance organization or health insurer in providing a contract, policy, or certificate where offering or providing the health care benefit is not expressly required as a condition of eligibility.