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Protection of Conscience Project

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Michigan

House Bill 5290 (2000)

The bill was introduced on February 3, 2000, by Reps. Ehardt, Shackleton, Garcia, Richardville, O'Neil, Gilbert, Hager, Mortimer, Pappageorge, DeRossett, Vear and Birkholz and referred to the Committee on Health Policy. This bill died in committee and has been superseded by HB 5158.

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20199 (MCL 333.20199) and by adding sections 16282 and 20185.


THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16282.
(1) Pursuant to this section, a health care provider may assert, on a professional, ethical, moral, or religious ground, a conscientious objection to participating in a health care service.

(2) A health care provider shall notify his or her employer in writing of a conscientious objection described in subsection (1) that the individual has to participating in a health care service upon learning that he or she may have to participate in that health care service or at any other time that the health care provider considers necessary to submit an objection.

(3) A health care provider's written conscientious objection filed under subsection (2) shall be retained by the health care provider's employer and is valid for the duration of the health care provider's employment or until rescinded by the health care provider in writing.

(4) If a health care provider has not submitted a written conscientious objection under subsection (2) before being asked to participate in a health care service, the health care provider shall notify the employer in writing if he or she has a conscientious objection to participating in the health care service at least 24 hours before the health care service is scheduled. If a health care provider does not notify the employer at least 24 hours before the health care service is scheduled, the employer shall make a reasonable effort to exclude the health care provider from participating or find a replacement for the health care provider if the health care provider still claims to have, either orally or in writing, a conscientious objection to participation.

(5) A health care provider's conscientious objection to participating in a health care service shall not be the basis for 1 or more of the following:

(A) civil liability to another person.

(B) criminal action.

(C) refusal of staff privileges at a health facility or agency.

(D) administrative or licensure action.

(E) an involuntary change in terms or conditions of employment or other disciplinary action by the health care provider's employer.(6) As used in this section, "health care provider", "health care service", and "participate or participating" mean those terms as defined in section 20185.

Sec. 20185.

(1) Pursuant to this section, a health facility may assert, on a professional, ethical, moral, or religious ground, a conscientious objection to a health care service.

(2) A health facility shall provide notice of a conscientious objection described in subsection (1) to a health care service through written notice, written postings, or in writing at the time an individual seeks to obtain that health care service from the health facility.

(3) A health facility's conscientious objection to a health care service shall not be a basis for 1 or more of the following:

(A) civil, criminal, or administrative liability.

(B) eligibility discrimination against the health facility in a grant, contract, or program, where providing the objectionable health care service is not expressly required as a condition of eligibility for the grant, contract, or program.

(4) A person including, but not limited to, a governmental agency shall not refuse employment or staff privileges to a health care provider who has previously asserted, or is presently asserting, a conscientious objection to participating in a health care service under section 16282, unless participation in that health care service is indicated as a part of the normal course of duties in the posting of the availability of the position for employment or staff privileges.

(5) A medical school or other institution for the education or training of a health care provider shall not refuse admission to an individual or penalize that individual because the individual has filed a conscientious objection to participating in a health care service under section 16282.

(6) A civil action for damages or reinstatement of employment, or both, may be brought against a person including, but not limited to, a governmental agency for penalizing or discriminating against a health care provider, including, but not limited to, penalizing or discriminating in hiring, promotion, transfer, a term or condition of employment, licensing, or granting of staff privileges or appointments, because that health care provider has filed a conscientious objection to participating in a health care service. Civil damages may be awarded equal to 3 times the amount of proven damages and attorney fees. A civil action may include a petition for injunctive relief against a person including, but not limited to, a governmental agency alleged to have penalized or discriminated against a health care provider as described in this subsection.

(7) As used in this section and section 16282:

(A) "health facility" means a health facility or agency as defined in section 20106, a private physician office, or a public or private institution, teaching institution, pharmacy, corporation, partnership, or sole proprietorship that provides a health care service to an individual.

(B) "health care provider" means a person licensed or registered under article 15, a student of a health facility, or other person employed by a health care institution who either directly or indirectly participates in a health care service.

(C) "health care service" means an action intended to maintain, improve, or restore the health or physical comfort of an individual.

(D) "participate or participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research, prepare, or provide material or physical assistance in a health care service.

Sec. 20199.
(1) Except as provided in subsection (2) or section 20142, a person who violates this article or a rule promulgated or an order issued under this article is guilty of a misdemeanor, punishable by fine of not more than $1,000.00 for each day the violation continues or, in case of a violation of sections 20551 to 20554, a fine of not more than $1,000.00 for each occurrence.

(2) A person who violates sections 20181 to 20185 is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $2,000.00, or both.


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