2003 House Bill 5276

Authorize "conscientious objector" status for health care providers

Introduced in the House

Nov. 6, 2003

Introduced by Rep. John Gleason (D-48)

To establish in statute the right of a health facility to assert as a matter of conscience, on ethical, moral, or religious grounds, an objection to providing or participating in a health care procedure (such as abortion). A facility claiming this “conscientious objector” status could not be subjected to civil, criminal, or administrative liability for refusing to perform the objectionable procedure, or discriminated against in the awarding of grants, contracts, etc. which do not require the procedure. (Note: State law already prohibits using tax dollars for abortions.) This immunity would not apply in cases involving a disagreement with a health care professional about the medical appropriateness of a certain procedure which is routinely done by the facility.

Referred to the Committee on Health Policy

March 30, 2004

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

April 21, 2004

Substitute offered

To replace the previous version of the bill with one containing technical changes that do not affect its substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Randy Richardville (R-56)

To strike out a provision authorizing conscientious objector status based on "professional" grounds, rather than on ethical, moral, or religious grounds.

The amendment passed by voice vote

Amendment offered by Rep. Paul Condino (D-35)

To clarify tha the bill does not authorize withholding treatement needed immediately to avert serious injury, harm, impairment, or death.

The amendment passed by voice vote

Amendment offered by Rep. Steve Bieda (D-25)

To clarify that the bill does not relieve a health care facility from a duty that exists under law requiring acceptable health care practice and procedures.

The amendment passed by voice vote

Passed in the House 72 to 32 (details)

Received in the Senate

April 22, 2004

Referred to the Committee on Health Policy