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superseded by HB 5158.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provider's employment or until rescinded by the health care provider in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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