Guam Code §31.22 Refusal to Participate in Abortion.
(a) No employer or other person shall require a physician, a registered
nurse, a licensed vocational nurse, or any person employed or with staff
privileges at a hospital, facility or clinic to directly participate in the
induction or performance of an abortion, if such employee or other person
has filed a written statement with the employer or the hospital, facility or
clinic indicating a moral, ethical or religious basis for refusal to
participate in the abortion.
No such employee or other person with staff privileges in a hospital,
facility, or clinic shall be subject to any penalty or discipline by reason
of his refusal to participate in an abortion. No such employee of a
hospital, facility or clinic which does not permit the performance of
abortions, or person with staff privileges therein, shall be subject to any
penalty or discipline on account of such person_s participation in the
performance of an abortion in other than such hospital, facility or clinic.
No employer shall refuse to employ any person because of such person_s
refusal for moral, ethical or religious reasons to participate in an
abortion, unless such person would be assigned in the normal course of
business of any hospital, facility or clinic to work in those parts of the
hospital, facility or clinic where abortion patients are cared for.
No provision of this Chapter prohibits any hospital, facility or clinic
which permits the performance of abortions from inquiring whether the
employee or prospective employee would advance a moral, ethical or religious
basis for refusal to participate in an abortion before hiring or assigning
such a person to that part of a hospital, facility or clinic where abortion
patients are cared for.
The refusal of a physician, nurse, or any other person to participate or
aid in the induction or performance of an abortion pursuant to this
subsection shall not form the basis of any claim for damages.
(b) No hospital, facility, or clinic shall refuse staff privileges to a
physician because of such physician's refusal to participate in the
performance of an abortion for moral, ethical, or religious reasons.
(c) Nothing in this Chapter shall require a non-profit hospital or other
facility or clinic which is operated by a religious corporation or other
religious organization or any administrative officer, employee, agent, or
member of the governing board thereof, to perform or permit the performance
of an abortion in such facility or clinic or to provide abortion services.
No such non-profit facility or clinic organized or operated by a religious
corporation or other religious organization, nor its administrative
officers, employees, agents, or members of its governing board shall be
liable, individually or collectively, for failure or refusal to participate
in any such act.
The failure or refusal of any such corporation, unincorporated
association or individual person to perform or to permit the performance of
such medical procedures shall not be the basis for any disciplinaryor other
recriminatory action against such corporations, unincorporated associations,
or individuals. Any such facility or clinic which does not permit the
performance of abortions on its premises shall post notice of such
proscription in an area of such facility or clinic which is open to patients
and prospective admittees.
(d) This section shall not apply to medical emergency situations and
spontaneous abortions. Any violation of this section is a misdemeanor.
SOURCE: Added by P.L. 14-122 (4/19/78).