Alabama
Senate Bill 185 (2017)
Health Care Rights of Conscience Act
Check on the status of this bill at the
Alabama Legislature.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
This act may be known and cited as the Health Care Rights
of Conscience Act.
Section 2.
The Legislature finds and declares:
(1) It is
the public policy of the State of Alabama to respect and protect
the fundamental right of conscience of individuals who provide
health care services.
(2) Without comprehensive protection, health care rights of
conscience may be violated in various ways, such as harassment,
demotion, salary reduction, termination, loss of privileges,
denial of aid or benefits, and refusal to license, or refusal to
certify.
(3) It is the purpose of this act to protect religious or
ethical rights of all health care providers to decline to
provide, perform, assist, or participate in providing or
performing certain health care services that violate their
consciences, where they have made their objections known in
writing in advance.
(4) It is the purpose of this act to prohibit discrimination,
disqualification, or coercion upon such health care providers who
decline to perform any health care service that violates their
conscience and who object in writing as soon as practicable prior
to being asked to perform such health care services.
Section 3.
The following words and terms shall have the
meanings ascribed to them in this section, unless otherwise
required by their respective context:
(1) CONSCIENCE. The religious, moral, or ethical principles
held by a health care provider.
(2) DISCRIMINATION. Discrimination includes, but is not
limited to: Hiring, termination, refusal of staff privileges,
refusal of board certification, demotion, loss of career
specialty, reduction of wages or benefits, adverse treatment in
the terms and conditions of employment, refusal to award any
grant, contract, or other program, or refusal to provide
residency training opportunities.
(3) HEALTH CARE PROVIDER. Any individual who may be asked to
participate in any way in a health care service, including, but
not limited to: A physician, physician's assistant, nurse,
nurse's aide, medical assistant, hospital employee, clinic
employee, nursing home employee, pharmacist, researcher, medical
or nursing school faculty, student, or employee, counselor,
social worker, or any professional, paraprofessional, or any
other person who furnishes or assists in the furnishing of health
care services.
(4) HEALTH CARE SERVICE. Patient medical care, treatment or
procedure that is limited to abortion, human cloning, human
embryonic stem cell research, and sterilization, and is related
to: Testing, diagnosis or prognosis, research, instruction,
prescribing, dispensing or administering any device, drug, or
medication, surgery, or any other care or treatment rendered or
provided by health care providers. Health care service does not
include notifying a member of a health care institution's
management of a patient inquiry about obtaining a health care
service that a health care provider believes may violate his or
her conscience.
(5) OBJECT IN WRITING. To provide advance notice in a signed
written paper document to an authorized agent of his or her
employer, board, or other oversight agency of a particular health
care provider. The notice shall be provided within a reasonable
time, but in no case less than twenty-four (24) hours prior to
any service or procedure objected to under this act by the health
care provider.
(6) PARTICIPATE. To perform, assist in, refer for, admit for
purposes of providing, or participate in providing, any health
care service or any form of such service. Participate does not
include compliance with a health care institution's policy and
procedure which states that a health care provider must notify a
member of the health care institution's management of a patient's
inquiry about obtaining a health care service that the health
care provider believes may violate his or her conscience.
Section 4.
(a) A health care provider has the right not to
participate, and no health care provider shall be required to
participate, in a health care service that violates his or her
conscience when the health care provider has objected in writing
prior to being asked to provide such health care services.
(b) When objecting in writing in accordance with this act, no
health care provider shall be civilly, criminally, or
administratively liable for declining to participate in a health
care service that violates his or her conscience except when
failure to do so would immediately endanger the life of a
patient.
(c) It shall be unlawful for any person, health care provider,
health care institution, public or private institution, public
official, or any board which certifies competency in medical or
health care specialties to discriminate against any health care
provider in any manner based on his or her declining to
participate in a health care service that violates his or her
conscience, where the health care provider has made his or her
objections known in writing. Provided further, students may be
evaluated based on their understanding of course materials, but
no student shall be required to perform a health care service or
be penalized because he or she subscribes to a particular
position on health care services.
(d) Notwithstanding any other provision in this act, in a
life-threatening situation where no other health care provider is
available or capable of providing or participating in a health
care or medical service, a health care provider shall provide and
participate in diagnosis, medical treatment, medical care, and
medical procedures until an alternate health care provider
capable of providing or participating in the emergency medical
treatment, medical care, or medical procedures is found or
otherwise becomes available.
(e) Except as otherwise provided in this section, a hospital,
as defined in Section 22-21-20, Code of Alabama 1975, or other
health care entity, and any employee, physician, member, or
person associated with the hospital or other health care entity
is immune from criminal and civil liability for any damage caused
by the refusal of a health care provider to participate in a
health care service as defined in this act at a facility owned,
operated, or controlled by the hospital or other health care
entity.
Section 5.
(a) An action for injunctive relief may be brought
for the violation of any provision of this act.
(b) The court in such action may award injunctive relief,
including ordering reinstatement of a health care provider to his
or her prior job position, back pay and costs of the action.
Section 6.
Nothing in this act shall be construed to permit or
require the violation of any Alabama statute, regulation, or
other provision of law that regulates or provides rights, duties,
obligations, or limitations related in any way to abortion.
Section 7.
The provisions of this act shall not apply to
health care institutions or employers who are licensed by the
State of Board of Health as abortion clinics. Further, nothing in
this act shall modify, amend, repeal, or supersede any provision
of Section 6-5-333 of the Code of Alabama 1975, or the "Alabama
Medical Liability Act of 1987" commencing with Section 6-5-540,
Code of Alabama 1975, et seq., or the Alabama Medical Liability
Act of 1996, commencing with Section 6-5-548, Code of Alabama
1975, et seq., or any amendment to any of the foregoing, or any
judicial interpretation of any of the foregoing.
Section 8.
If any part, section, or subsection of this act or
the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect parts, sections or
subsections or applications of this act which can be given effect
without the invalid part, section, or subsection or application
and to this end, such invalid portions of this act are declared
severable.
Section 9.
This act shall become effective on the first day of
the third month following its passage and approval by the
Governor, or its otherwise becoming law.