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Protection of Conscience Project

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Service, not Servitude

Revised Statutes of Arizona

Title 36: Public Health and Safety

Title 41: State Government


Title 36: Public Health and Safety

Chapter 11.2 - Prohibition on discrimination against health care entities

36-1321. Definitions

In this article, unless the context otherwise requires:

1. "Discriminate" means taking or threatening any adverse action, including any of the following:

(a) Termination of employment.

(b) Transfer from current position.

(c) Demotion from current position.

(d) Adverse administrative action.

(e) Reassignment to a different shift or job title.

(f) Increased administrative duties.

(g) Refusal of staff privileges.

(h) Refusal of board certification.

(i) Reduction of wages, benefits or privileges.

(j) Refusal to award a grant, contract or other benefit.

(k) Refusal to provide residency training opportunities.

(l) Denial, suspension or revocation of a license.

(m) Impediments to creating, expanding or improving a health care entity.

(n) Impediments to acquiring or associating or merging with any other health care entity.

(o) Any other penalty or disciplinary or retaliatory action.

2. "Health care entity" means any of the following or an employee of any of the following:

(a) A health care institution as defined in section 36-401.

(b) A health professional as defined in section 32-3201.

(c) A health care services organization as defined in section 20-1051.

(d) A hospital service corporation or medical service corporation as defined in section 20-822.

(e) An accountable health plan as defined in section 20-2301.

3. "Person" includes this state and any agency or political subdivision of this state.

36-1322. Discrimination prohibited; immunity

A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, such as by assisted suicide, euthanasia or mercy killing.

B. A health care entity is not liable in any civil, criminal or administrative action for declining to provide any health care item or service for the purpose of causing or assisting in causing the death of any individual as specified in subsection A of this section.

C. This section does not apply to the withholding of cardiopulmonary resuscitation for a patient with a valid prehospital medical directive as provided in section 36-3251 or a similar medical order to withhold cardiopulmonary resuscitation issued by a licensed health care provider.

36-1323. Civil action; damages; injunctive relief; attorney fees

A. A health care entity may bring a civil action in superior court for a violation of section 36-1322.

B. An additional burden or expense on another health care entity arising from the exercise of rights pursuant to section 36-1322 is not a defense in any civil action under this section.

C. If the superior court finds that discrimination in violation of section 36-1322 occurred, the court may award any of the following:

1. Actual and compensatory damages, including damages for emotional distress.

2. Court costs and attorney fees.

3. Preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for a violation of section 36-1322.


Chapter 20 - Abortion

36-2154.  Right to refuse to participate in abortion, abortion medication or emergency contraception

A. A hospital is not required to admit any patient for the purpose of performing an abortion. A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital, doctor, clinic or other medical or surgical facility in which an abortion has been authorized, who states in writing an objection to the abortion on moral or religious grounds is not required to facilitate or participate in the medical or surgical procedures that will result in the abortion.

B. A pharmacy, hospital or health professional, or any employee of a pharmacy, hospital or health professional, who states in writing an objection to abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum on moral or religious grounds is not required to facilitate or participate in the provision of an abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum.  The pharmacy, hospital or health professional, or an employee of the pharmacy, hospital or health professional, shall return to the patient the patient's written prescription order.


Chapter 32 - Living wills and health care directives

36-3205 . Health care providers; immunity from liability; conditions

C. A health care provider is not subject to criminal or civil liability or professional discipline for any of the following:

1. Failing to comply with a decision or a direction that violates the provider's conscience if the provider promptly makes known the provider's unwillingness and promptly transfers the responsibility for the patient's care to another provider who is willing to act in accordance with the agent's direction.


Title 41: State Government

Chapter 9 - Civil Rights

41-1493.04. Free exercise of religion; professional or occupational license; certificate or registration; appointments to governmental offices; definition

A. Government shall not deny, revoke or suspend a person's professional or occupational license, certificate or registration for any of the following and the following are not unprofessional conduct:

1. Declining to provide or participate in providing any service that violates the person's sincerely held religious beliefs except performing the duties of a peace officer.

2. Refusing to affirm a statement or oath that is contrary to the person's sincerely held religious beliefs.

3. Expressing sincerely held religious beliefs in any context, including a professional context as long as the services provided otherwise meet the current standard of care or practice for the profession.

4. Providing faith-based services that otherwise meet the current standard of care or practice for the profession.

5. Making business related decisions in accordance with sincerely held religious beliefs such as:

(a) Employment decisions, unless otherwise prohibited by state or federal law.

(b) Client selection decisions.

(c) Financial decisions.

B. Government shall not deny a person an appointment to public office or a position on a board, commission or committee based on the person's exercise of religion.

C. This section is not a defense to and does not authorize any person to engage in sexual misconduct or any criminal conduct.

D. This section does not authorize any person to engage in conduct that is prohibited under the Constitution of the United States or of this state or section 15-535.

E. This section does not authorize any person to engage in conduct that violates the emergency medical treatment and active labor act (P.L. 99-272; 100 Stat. 164; 42 United States Code section 1395dd) or the religious land use and institutionalized persons act (P.L. 106-274; 114 Stat. 803; 42 United States Code section 2000CC-1) as of the effective date of this section.

F. For the purposes of this section, "government" includes all courts and administrative bodies or entities under the jurisdiction of the Arizona supreme court.


Chapter 34 - Charitable choice in contracts for goods and services

41-3751. Contracts for goods and services; religious organizations; definitions

A. Notwithstanding any other law or executive order, and in accordance with this section, all public bodies shall contract for goods and services provided pursuant to title 8, 36 or 46 or title 31, chapter 2, article 6 without discrimination against religious organizations, including discrimination because of their religious beliefs or exercise of religion and shall provide beneficiaries of assistance under the programs established by law with certificates, vouchers or other forms of disbursement that are redeemable with these organizations that are awarded a contract. The public bodies may use any state, federal, local or other monies available for these purposes.

B. The public bodies shall allow contracts with religious organizations to provide goods and services provided pursuant to title 8, 36 or 46 or title 31, chapter 2, article 6 and to accept certificates, vouchers or other forms of disbursement under any program established on the same basis as any other nongovernmental provider without impairing the religious character of these organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under these programs. The programs shall be implemented consistent with the first amendment of the United States Constitution. The public bodies shall not discriminate against an organization that is or applies to be a contractor to provide assistance or that accepts certificates, vouchers or other forms of disbursement on the basis that the organization has a religious character.

C. A religious organization with a contract described in this section shall retain its independence from federal, state and local governments, including the religious organization's control over the definition, development, practice and expression of its religious beliefs. Public bodies shall not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible to contract to provide assistance or to accept certificates, vouchers or other forms of disbursement funded under any program or public contract.

D. If a person who applies for or receives goods, services or disbursements objects to the religious character of the organization or institution from which the person receives or would receive assistance funded under any program, the public body shall provide the person, within a reasonable period of time after the date of the objection, with assistance from an alternative provider that is accessible to the person if an alternative provider is available and the value of which is not less than the value of assistance that the person would have received from the religious organization. Organizations shall provide notice to people receiving assistance of the right to object pursuant to this subsection.

E. A religious organization's exemption provided under section 702 of the civil rights act of 1964 (P.L. 88-352; 78 Stat. 255; 42 United States Code section 2000e-1a) regarding employment practices is not affected by its participation in or receipt of monies from programs described in this section. Nothing in this section allows religious organizations to discriminate in employment practices on the basis of race, age, color, sex or national origin.

F. Except as otherwise provided by law, a religious organization shall not discriminate against a person in regard to rendering assistance funded under any program described in this section on the basis of religion, a religious belief or refusal to participate in a religious practice, or on the basis of race, age, color, sex or national origin.

G. Except as provided in subsection H, any religious organization that contracts to provide goods, services or assistance funded under any program is subject to the same rules as other contractors to account in accordance with generally accepted auditing principles for the use of the monies provided under the program.

H. If a religious organization segregates public monies provided under these programs into separate accounts, only the programs funded by financial assistance provided with these monies are subject to financial and performance audits.

I. Appeals from the decisions of the head of a state agency, board or commission may be made to the director of the department of administration in accordance with the rules of procedure adopted by the director pursuant to chapter 23, article 9 of this title to resolve bid protests.

J. A religious organization whose rights have been violated under this section may assert that violation as a claim or defense in an administrative proceeding or a judicial proceeding once all administrative remedies have been exhausted and obtain appropriate relief, including injunctive relief and compensatory damages. A religious organization that prevails in an action to enforce this section may seek to recover attorney fees and costs pursuant to section 12-348.

K. No monies provided directly to institutions or organizations to provide services and administer programs under this section may be spent for sectarian worship, instruction or proselytization. This subsection does not apply to the contracting for the services of chaplains by a public body.

L. For the purposes of this section:

1. "Exercise of religion" has the same meaning prescribed in section 41-1493.

2. "Public body" means state agencies, boards and commissions and political subdivisions of this state.