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Protection of Conscience Project

Service, not Servitude

Vernon's Civil Statutes Art. 4512.7. Right not to perform abortions.

Sec. 1. Personnel Not Required to Participate in Abortion Procedures.

A physician, nurse, staff member, or employee of a hospital or other health care facility who objects to performing or participating, directly or indirectly, in an abortion procedure may not be required to perform or participate, directly or indirectly, in an abortion procedure.

Sec. 2. Private Hospitals Not Required to Make Facilities Available.

A private hospital or private health care facility may not be required to make its facilities available for the performance of an abortion unless a physician determines that the life of the mother is immediately endangered.

Sec. 3. Discrimination Prohibited.

A hospital or health care facility may not discriminate in any manner against a physician, nurse, staff member, or employee or against an applicant for such positions, who refuses to perform or participate in an abortion procedure. No physician, nurse, staff person, or employee shall be discriminated against for their willingness to participate in abortion procedures at other facilities. An educational institution may not discriminate against applicants for admission or employment as students, interns, or residents because of their attitudes concerning abortion.

Sec. 4. Remedies.

A person whose rights under this Act are violated may sue a hospital, health care facility, or educational institution in district court in the county where the hospital, facility, or institution is located to enjoin further violations of this Act and for such affirmative relief as may be appropriate, including, but not limited to, admission or reinstatement of employment with back pay plus 10 percent interest, and any other relief necessary to ensure compliance with the provisions of this Act.

Acts 1977, 65th Leg., p. 1870, ch. 745, eff. Aug. 29, 1977.