50-20-111. Right to refuse participation in abortion.
(1) No private hospital or health care facility shall be required
contrary to the religious or moral tenets or the stated religious beliefs or
moral convictions of its staff or governing board to admit any person for
the purpose of abortion or to permit the use of its facilities for such
purpose. Such refusal shall not give rise to liability of such hospital or
health care facility or any personnel or agent or governing board thereof to
any person for damages allegedly arising from such refusal or be the basis
for any discriminatory, disciplinary, or other recriminatory action against
such hospital or health care facility or any personnel, agent, or governing
(2) All persons shall have the right to refuse to advise concerning,
perform, assist, or participate in abortion because of religious beliefs or
moral convictions. If requested by any hospital or health care facility or
person desiring an abortion, such refusal shall be in writing signed by the
person refusing, but may refer generally to the grounds of "religious
beliefs and moral convictions". The refusal of any person to advise
concerning, perform, assist, or participate in abortion shall not be a
consideration in respect of staff privileges of any hospital or health care
facility or a basis for any discriminatory, disciplinary, or other
recriminatory action against such person, nor shall such person be liable to
any person for damages allegedly arising from refusal.
(3) It shall be unlawful to interfere or attempt to interfere with the
right of refusal authorized by this section. The person injured thereby
shall be entitled to injunctive relief, when appropriate, and shall further
be entitled to monetary damages for injuries suffered.
(4) Such refusal by any hospital or health care facility or person shall
not be grounds for loss of any privileges or immunities to which the
granting of consent may otherwise be a condition precedent or for the loss
of any public benefits.
(5) As used in this section, the term "person" includes one or more
individuals, partnerships, associations, and corporations.