Protection of Conscience Project
Protection of Conscience Project
Service, not Servitude

Service, not Servitude
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2023 Texas Statutes | Occupations Code | Title 3 - Health Professions | Subtitle A - Provisions Applying to Health Professions Generally | Chapter 103 - Right to Object to Participation in Abortion Procedure


Section 103.001. Right to Object

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

Section 103.002. Discrimination Prohibited

(a) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee, or an applicant for one of those positions, who refuses to perform or participate in an abortion procedure.

(b) A hospital or health care facility may not discriminate against a physician, nurse, staff member, or employee because of the person's willingness to participate in an abortion procedure at another facility.

(c) An educational institution may not discriminate against an applicant for admission or employment as a student, intern, or resident because of the applicant's attitude concerning abortion.

Section 103.003. Remedies

A person whose rights under this chapter 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 for:

(1) an injunction against any further violation;

(2) appropriate affirmative relief, including admission or reinstatement of employment with back pay plus 10 percent interest; and

(3) any other relief necessary to ensure compliance with this chapter.

Section 103.004. Duty of Certain Private Entities to Make Facilities Available

A private hospital or private health care facility is not 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.