The Medical Ethics Defense Act (referred to as "the act") establishes legal protections for healthcare providers (individuals or institutions) who exercise their "right of conscience" when it comes to participating in certain medical procedures, treatments, or services that conflict with their ethical, moral, or religious beliefs.
Key Provisions of the Act:
Right of Conscience:
Conscience refers to a healthcare provider’s ethical, moral, or religious beliefs that guide their decisions. The act recognizes that these beliefs can apply to individuals (healthcare professionals) as well as institutions (like hospitals).
A healthcare provider may refuse to participate in or pay for a medical procedure or treatment that goes against their conscience. This could include issues related to abortion, euthanasia, contraception, or other medical practices that conflict with the provider’s values.
This right of conscience is limited to specific procedures, treatments, or services but does not apply in emergency medical situations, where emergency treatment must still be provided.
Protections for Providers:
Discrimination is prohibited against a healthcare provider who exercises their conscience rights.
Healthcare providers are immune from civil, criminal, or administrative liability for exercising their right of conscience.
Religious Healthcare Providers:
A religious healthcare provider can make decisions (hiring, contracting, etc.) based on its religious beliefs, as long as the provider is publicly identified as religious and its policies align with its religious mission.
Free Speech and Employment Protections:
The act protects healthcare providers from being discriminated against for expressing views about medical procedures or services that align with their conscience, whether in free speech or while testifying or reporting violations.
The act prohibits administrative agencies from revoking or denying a healthcare professional’s license or certification based on their exercise of free speech (such as expressing a belief or moral stance).
State and Licensing Protections:
State agencies cannot punish healthcare providers by revoking licenses or certifications based on their free speech or conscience-related views.
If a healthcare provider's license or certification is at risk due to free speech or conscience, the provider must be notified promptly of any complaint received.
Civil Actions and Remedies:
If a violation of the act occurs, a healthcare provider can file a civil lawsuit. If they win, they are entitled to injunctive relief, monetary damages, and attorney fees.
This bill establishes a legal framework that allows healthcare providers to refuse certain medical procedures or actions based on their conscience, protecting them from discrimination, liability, and ensuring their right to free speech is upheld. It also strengthens protections for religious healthcare providers and offers legal recourse for providers if their conscience rights are violated.
Summary
The bill creates the Medical Ethics Defense Act (act). The act
recognizes that a health-care professional, health-care institution, and health-care payer (health-care provider) has a right of conscience. The act:
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Defines conscience to mean the ethical, moral, or religious beliefs or principles held by a health-care provider and recognizes institutional entities or corporate bodies as also having a conscience as determined by reference to the governing documents of the entity or body; and
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Allows a health-care provider to refuse to participate in or pay for a medical procedure, treatment, or service that violates the health-care provider's conscience.
The right of conscience is limited to a particular medical procedure, treatment, or service. Further, a health-care payer is prohibited from refusing to pay for services that are specified in the health-care payer's contract. The act shall not be construed to conflict with the requirement to provide emergency medical treatment.
A health-care provider: •
Shall not be discriminated against in any manner as a result of the health-care provider exercising its right of conscience; and
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Is immune from civil, criminal, or administrative liability for exercising its right of conscience.
The act authorizes a religious health-care provider to make
employment staffing, contracting, and administrative decisions consistent with its religious beliefs if it holds itself out to the public as religious and has internal operating procedures that implement its religious purpose or mission. The act provides protection against discrimination to a health-care provider that provides information about a violation of the act or other law to an employer or a state or federal agency or official or that testifies or participates in proceedings relating to the violation.
Additionally, the act prohibits: •
Administrative agencies from denying or revoking a license, certification, or registration, or threatening to do so, based upon an individual health-care professional engaging in free speech under the United States constitution (constitution) or section 10 of article II of the state constitution; or
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The state from contracting with, recognizing, approving, or requiring an individual to obtain certifications or credentials from a specialty board or other recognizing agency that refuses to certify or revokes credentials based upon an individual's engagement in free speech under the constitution.
A state entity that regulates the provision of medical treatments,
procedures, or services shall promptly notify a health-care provider of any complaint received by the entity that is based on an exercise of free speech and that may result in revocation of the health-care provider's license, certification, or registration.
A party aggrieved by a violation of the act may commence a civil
action and, if a violation has occurred, is entitled to injunctive and declaratory relief and an award of monetary damages and attorney fees.
