58th Legislature
2003 Regular Session
By Senators Prentice, Deccio, Mulliken, Parlette, Rasmussen and Stevens
Read first time 02/18/2003. Referred to Committee on Health & Long-Term
Care.
AN ACT Relating to conscience clauses; adding a new
section to chapter 48.43 RCW; adding a new section to chapter 70.47 RCW; and
creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +}
Sec. 1. The legislature finds that the first amendment to the United
States Constitution and Article I, section 11 of the Washington state
Constitution guarantee and protect freedom of religion. In the twenty-first
century, biomedical technology has made many research, pharmaceutical, and
treatment options available or technologically possible. However, not all of
the options created by medical science are morally acceptable, according to
the doctrinal beliefs of some religions. Human cloning, euthanasia,
contraception, and abortion may be profoundly morally unacceptable to some
individuals, health care providers, religious organizations, and employers.
Biotechnology may create new objectionable medical options in the future.
The legislature finds that state law has long recognized the right of
health care providers and religious organizations to conscientious objection
to certain biomedical treatment, procedures, or provision of
pharmaceuticals, regardless of their secular legality or availability. Such
"conscience clauses" serve to guarantee to individuals and religious
organizations the fundamental constitutional right to the exercise of
religious belief.
The legislature intends to strengthen and enhance the reliability of
conscience clauses for the protection of the constitutional first amendment
rights of persons and religious organizations.
{+ NEW SECTION. +}
Sec. 2. A new section is added to chapter 48.43 RCW to read as follows:
(1) Notwithstanding any other provision of law, no
person may be required to pay for or otherwise provide, directly or
indirectly, any biomedical treatment, service, procedure, pharmaceutical, or
technology to which that person has a bona fide doctrinal religious
objection.
(2) This section shall be broadly construed to
provide enhanced reliance upon conscience clauses in the protection of the
constitutional right of free exercise of religion.
(3) The definitions in this subsection apply
throughout this section.
(a) "Person" includes natural persons, licensed
health care providers, pharmacists, religious organizations, and religious
employers.
(b) "Religious employer" means an employer that is a
church or other entity exempt from taxation under internal revenue code
section 501(c)(3).
{+ NEW SECTION. +}
Sec. 3. A new section is added to chapter 70.47 RCW to read as follows:
(1) Notwithstanding any other provision of law, no
person may be required to pay for or otherwise provide, directly or
indirectly, any biomedical treatment, service, procedure, pharmaceutical, or
technology to which that person has a bona fide doctrinal religious
objection.
(2) This section shall be broadly construed to
provide enhanced reliance upon conscience clauses in the protection of the
constitutional right of free exercise of religion.
(3) The definitions in this subsection apply
throughout this section.
(a) "Person" includes natural persons, licensed
health care providers, pharmacists, religious organizations, and religious
employers.
(b) "Religious employer" means an employer that is a
church or qualified church-controlled organization as defined in 26 U.S.C.
Sec. 3121.