HB 1209 - AS INTRODUCED 2001 SESSION
01-2194 01/09
HOUSE BILL 1209
AN ACT relative to a civil rights act for health care
providers.
SPONSORS: Rep. Souza, Hills 40; Rep. Hopper, Hills 5; Rep. Albert,
Straf 17; Rep.
Balboni, Hills 27; Rep. Palermo, Rock 21
COMMITTEE: Health, Human Services & Elderly Affairs
ANALYSIS This bill establishes the "Health Care Providers
Civil Rights Act."
Under this bill, health care providers would have a right to conscientiously
object to participating in a health care service.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears
in
regular type.
01-2194 01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to a civil rights act for health care providers.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1 Statement of Purpose.
I. The general court of the state of
New Hampshire finds that:
(a) Every individual
has a fundamental right to exercise his or her religious
beliefs and conscience.
(b) As a matter of
religious belief and conscience, some individuals and
religions object to certain health care procedures, including, but not
limited to, abortion, artificial insemination, artificial contraception,
cloning, human stem cell and fetal experimentation, withdrawal of
nutrition and hydration, physician-assisted suicide and euthanasia
under some or all circumstances. Individual and institutional health
care providers have a right to object to participating in health care
procedures for moral, religious, or philosophical reasons.
(c) If an institution
chooses to perform legal but morally objectionable
services, the institution shall do so in a manner that has no adverse
effect on the right of an employee to exercise his or her conscience
and to continue employment in his or her chosen career.
(d) Health care institutions
that choose to perform legal health care
services that may be morally objectionable have a duty to provide
standard care to their patients but not at the cost of their employee's
right of conscience.
(e) Without a comprehensive
civil rights act for health care providers,
religious beliefs and rights of conscience may be violated in various
ways such as: harassment, demotion, salary reduction, transfer,
termination, loss of staffing privileges, denial of aid or benefits, and
refusal to license, or refusal to certify.
II. Therefore, based on the findings
in paragraph I, it is the purpose of this
act to:
(a) Ensure that all
individuals' and health care institutions' religious
beliefs or rights of conscience are protected.
(b) Allow all health
care providers and health care institutions to refuse
to participate in any manner with health care services to which they
object based on their religious, philosophical, or moral convictions.
(c) Protect all health
care providers and health care institutions that
conscientiously object to participating in health care services from
any adverse action taken against them as a result of their conscientious
objection.
2 New Chapter; Health Care Providers Civil Rights Act.
Amend RSA by
inserting after chapter
332-I the following new chapter:
CHAPTER 332-J
HEALTH CARE PROVIDERS CIVIL RIGHTS ACT
332-J:1 Definitions. In this chapter:
I. "Conscientiously object or conscientious
objection" means to object
because of a religious belief,
or a moral, ethical or philosophical conviction.
II. "Health care institution" means any
public or private organization,
corporation, partnership, sole proprietorship, association, agency,
network, joint venture or other legal entity that is involved in providing
health care services, including but not limited to: hospitals, clinics,
medical centers, ambulatory surgical centers, private physician's offices,
pharmacies, nursing homes, university medical schools and nursing
schools, medical training facilities, or other institutions or locations
wherein health care services are provided to any person.
III. "Health care payer" means a health
maintenance organization, insurance
company, management services
organization, or any other entity that pays
for or arranges for the
payment of any health care service, procedure, or
product.
IV. "Health care provider" means any
individual who may be asked to
participate in any way in
a health care service, including but not limited
to: physician, physician's
assistant, nurse, nurses' aide, medical assistant,
hospital employee, clinic
employee, nursing home employee, pharmacist,
pharmacy employee, medical
school student, medical school employee, or
any professional, paraprofessional,
or any other person who furnishes, or
assists in the furnishing
of, health care services.
V. "Health care service" means the provision
of any phase of patient
medical care or treatment,
including, but not limited to, the following:
patient referrals, patient
counseling, patient testing, patient diagnosis
or prognosis, research,
instruction, the prescription or administration
of any device, drug or medication,
or any combination of drugs or
medications, performing
surgery, or providing any other care or treatment
rendered by health care
providers or health care institutions, intended for
the patient's physical,
emotional, or mental well-being.
332-J:2 Health Care Provider's Right to Conscientiously
Object.
I. A health care provider has the right
to conscientiously object to
participating in a health
care service.
II. A health care provider who conscientiously
objects to participating in
any way in a health care
service shall not be civilly or criminally liable to
any person, estate, public
or private entity, or public official.
III. It shall be unlawful for any person,
health care provider, health care
institution, public or private
institution, public official, or national certifying
board which certifies competency
in medical specialties to discriminate
against any health care
provider in any manner based on his or her
conscientious objection
to participating in a health care service, including,
but not limited to: termination,
transfer, refusal of staff privileges at a health
care institution, refusal
of board certification, administrative action, refusal
to provide standard residency
training opportunities, or any other
disciplinary action.
IV. A health care provider may express
his or her conscientious objection
verbally upon being asked
to participate in a health care service that
contravenes his or her religious
belief, or moral, ethical or philosophical
conviction. Within 10 business
days of making a verbal conscientious
objection, a health care
provider shall send a letter by registered mail,
return-receipt requested,
to the chairperson of the department or equivalent
supervising personnel, setting
forth any conscientious objection which he
or she has to participating
in a health care service. The written conscientious
objection shall be retained
in the health care provider's personnel or other
similar record, and shall
serve as a valid continuing conscientious objection
as long as that health care
provider is employed by, or enrolled as a student
in, the health care institution.
Failure to send a written confirmation letter of
a prior verbal conscientious
objection shall not negate the right to
conscientiously object;
however, such failure shall limit the remedy available
under RSA 332-J:5 to injunctive
relief only.
V.(a) Within 30 days of the effective
date of this chapter, all health care
institutions shall post
the following notice in a location that is conspicuous
to health care providers.
Notice of Health Care Provider's Right to Conscientiously Object
State law permits any health care provider to refuse to participate in
any
type of health service based on his or her religious belief, or moral,
ethical
or philosophical conviction.
Any
health care provider may express his or her conscientious objection
verbally upon being asked to participate in a health care service that
contravenes his or her religious belief, or moral, ethical or philosophical
conviction. Within 10 business days of making a verbal conscientious
objection, a health care provider shall send a letter by registered mail,
return-receipt requested, to the chairperson of the department or equivalent
supervising personnel setting forth any conscientious objection which he
or she has to participating in a health care service.
It
shall be unlawful for any health care institution to discriminate against,
discipline, or take any other retaliatory action against any individual
that
exercises his or her right to conscientiously object, and state law provides
specific civil remedies for the violation of the "Health Care Provider's
Civil
Rights Act", RSA 332-J.
"Health
care provider" as defined in state law means 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, nurses' aide,
medical
assistant, hospital employee, clinic employee, nursing home employee,
pharmacist, pharmacy employee, medical school student, medical school
employee, or any professional, paraprofessional, or any other person who
furnishes, or assists in the furnishing of, health care services.
(b) Failure to post such notice shall
be a violation.
332-J:3 Health Care Institution's Right to Conscientiously
Object.
I. A health care institution has the
right to conscientiously object to providing
a health care service.
II. It shall be unlawful for any person,
public or private institution, or public
official to discriminate
against any person, association, or corporation
attempting to establish
a new health care institution or operating an
existing health care institution,
in any manner, including but not limited
to, denial, deprivation
or disqualification in licensing, granting of
authorizations, aids, assistance,
benefits, medical staff or any other
privileges, and granting
authorization to expand, improve, or create any
health care institution,
by reason of the refusal of such person, association,
or corporation planning,
proposing or operating a health care institution,
to permit or perform any
particular form of health care service which violates
the health care institution's
conscience as documented in its existing or
proposed ethical guidelines,
mission statement, constitution, bylaws,
articles of incorporation,
regulations, or other governing documents.
III. It shall be unlawful for any public
official, agency, institution, or entity
to deny any form of aid,
assistance, grants or benefits, or in any other
manner to coerce, disqualify,
or discriminate against any person, association,
or corporation attempting
to establish a new health care institution or
operating an existing health
care institution which otherwise would be
entitled to the aid, assistance,
grant, or benefit because the existing or
proposed health care institution
refuses to perform, assist, counsel,
suggest, recommend, refer,
or participate in any way in any form of health
care services contrary to
the health care institution's conscience as
documented in its existing
or proposed ethical guidelines, mission
statement, constitution,
bylaws, articles of incorporation, regulations,
or other governing documents.
IV. A health care institution may provide
public notification of its
conscientious objection
to providing health care services by posting
signs in the admissions
area that indicate its conscientious objections.
V. A health care institution's conscientious
objection to a health care
service shall not be a basis
for any civil, criminal, or administrative liability,
nor for any retaliation
against the health care institution in any grant,
contract, or program.
332-J:4 Health Care Payer's Right to Conscientiously Object.
I. A health care payer has the right
to conscientiously object to paying for
or arranging for the payment
of a health care service.
II. No health care payer and no person,
association, or corporation that owns,
operates, supervises, or
manages a health care payer shall be civilly or
criminally liable to any
person, estate, or public or private entity by reason
of refusal of the health
care payer to pay for or arrange for the payment of
any particular form of health
care services that violate the health care
payer's conscience as documented
in its ethical guidelines, mission
statement, constitution,
bylaws, articles of incorporation, regulations, or
other governing documents.
III. It shall be unlawful for any person,
public or private institution, or public
official to discriminate
against any person, association, or corporation
attempting to establish
a new health care payer or operating an existing
health care payer, in any
manner, including but not limited to, denial,
deprivation, or disqualification
in licensing; granting of authorizations,
aids, assistance, benefits,
or any other privileges; and granting authorization
to expand, improve, or create
any health care payer, because the person,
association, or corporation
planning, proposing, or operating a health care
payer refuses to pay for
or arrange for the payment of any particular form
of health care services
that violates the health care payer's conscience as
documented in the existing
or proposed ethical guidelines, mission
statement, constitution,
bylaws, articles of incorporation, regulations, or
other governing documents.
IV. It shall be unlawful for any public
official, agency, institution, or entity
to deny any form of aid,
assistance, grants, or benefits, or in any other
manner to coerce, disqualify,
or discriminate against any person, association,
or corporation attempting
to establish a new health care payer or operating
an existing health care
payer that otherwise would be entitled to the aid,
assistance, grant, or benefit,
because the existing or proposed health care
payer refuses to pay for,
arrange for the payment of, or participate in any
way in any form of health
care services contrary to the health care payer's
conscience as documented
in its existing or proposed ethical guidelines,
mission statement, constitution,
bylaws, articles of incorporation, regulations,
or other governing documents.
332-J:5 Civil Remedies.
I. A civil action for damages or injunctive
relief, or both, may be brought for
the violation of this chapter.
II. Any person, association, corporation,
entity, or health care institution
injured by any public or
private person, association, agency, entity, or
corporation by reason of
any conduct prohibited by this chapter may
commence a civil action
therefor. Upon finding a violation of this chapter,
the aggrieved party shall
be entitled to recover threefold the actual
damages, including pain
and suffering, sustained by such person,
association, corporation,
entity or health care institution, the costs of
the action and reasonable
attorney's fees; but in no case shall recovery
be less than $5,000 for
each violation in addition to costs of the action
and reasonable attorney's
fees. These damage remedies shall be
cumulative, and not exclusive
of other remedies afforded under any other
state or federal law.
III. The court in such civil action may
award injunctive relief, including,
but not limited to, ordering
reinstatement of a health care provider to his
or her position.
332-J:6 Severability. If any provision of this chapter
or the application thereof
to any person or circumstance
is held invalid, the invalidity does not affect
other provisions or applications
of the chapter which can be given effect
without the invalid provisions
or applications, and to this end the provisions
of this chapter are severable.
3 Effective Date. This act shall take effect January 1,
2003.
