1Providing for freedom of conscience of health care providers and
2health care institutions.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Conscientious
7Objection Act.

8Section 2. Legislative findings and purpose.

9(a) Findings.--The General Assembly finds as follows:

10(1) It is the public policy of the Commonwealth to
11respect and protect the fundamental right of conscience of
12individuals who and institutions which provide health care
13services.

14(2) Without comprehensive protection, rights of
15conscience of health care providers or institutions may be
16violated in various ways, such as harassment, demotion,
17salary reduction, transfer, termination, loss of staffing

1privileges, denial of aid or benefits and refusal to license
2or refusal to certify.

3(3) It is the purpose of this act to protect, as a basic
4civil right, the right of all health care providers and
5institutions to decline to counsel, advise, provide, perform,
6assist or participate in providing or performing health care
7services that violate their consciences.

8(b) Purpose.--It is the purpose of this act to prohibit all
9forms of discrimination, disqualification, coercion, disability
10or liability upon such health care providers and institutions
11that decline to perform any health care service that violates
12their conscience.

13Section 3. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Conscience." The religious, moral or ethical principles 
18held by a health care provider or a health care institution. A 
19health care institution's religious, moral or ethical principles 
20shall be stated in the institution's mission statement, 
21constitution, bylaws, articles of incorporation, regulations, 
22directives or other relevant documents or guidelines under which 
23it operates.

24"Health care institution." A public or private organization, 
25corporation, partnership, sole proprietorship, association, 
26unincorporated association, agency, network, joint venture or 
27other entity that is involved in providing health care services, 
28including, but not limited to, hospitals, clinics, medical 
29centers, ambulatory surgical centers, private physicians' 
30offices, pharmacies, nursing homes, university medical schools 

1and nursing schools, medical training facilities or other 
2institutions or locations wherein health care services are 
3provided to any person.

4"Health care provider." An individual who may be asked or 
5assigned to participate in any way in a health care service, 
6including, but not limited to, a physician, physician assistant, 
7nurse, nurses' aide, medical assistant, hospital employee, 
8clinic employee, nursing home employee, pharmacist, pharmacy 
9employee, researcher, medical or nursing school faculty, student 
10or employee, counselor, social worker or any professional or 
11paraprofessional, or any other person who furnishes or assists 
12in the furnishing of health care services.

13"Health care service." Any phase of patient medical care, 
14treatment or procedure relating to abortion, artificial birth 
15control, artificial insemination, assisted reproduction, 
16emergency contraception, human cloning, human embryonic stem-
17cell research, fetal experimentation and sterilization and 
18including, but not limited to, patient referral, counseling, 
19therapy, testing, diagnosis, prognosis, research, instruction, 
20prescribing, dispensing or administering a device, drug, or 
21medication, surgery, or any other care or treatment rendered by 
22health care providers or health care institutions.

23"Participate." To counsel, advise, provide, perform, assist 
24in, refer or admit for purposes of providing, transfer or 
25participate in providing, a health care service or a form of 
26such service.

27Section 4. Freedom of conscience of health care providers.

28(a) Freedom of conscience.--A health care provider has the
29right not to participate, and no health care provider may be
30required to participate, in a health care service that violates

1the health care provider's conscience.

2(b) Immunity from liability.--There shall be no cause of
3action against a health care provider for declining to
4participate in a health care service that violates the health
5care provider's conscience. A health care provider that declines
6to provide or participate in a health care service that violates
7the health care provider's conscience may not be civilly,
8criminally, professionally or administratively liable.

9(c) Discrimination.--It shall be unlawful for a person,
10health care provider, health care institution, public service
11institution, professional organization, public official or board
12that certifies competency in medical specialties to discriminate
13against a health care provider in any manner based on the health
14care provider's declining to participate in a health care
15service that violates the health care provider's conscience.
16Types of discrimination include, but are not limited to,
17termination, transfer or refusal of staff privileges, refusal of
18board certification, adverse administrative action, demotion,
19loss of career specialty, reassignment to a different shift,
20reduction of wages or benefits, refusal to award a grant,
21contract or other program, refusal to provide residency training
22opportunities, denial, deprivation, suspension or
23disqualification with respect to licensure or government
24certification or any other penalty, disciplinary or retaliatory
25action.

26Section 5. Freedom of conscience of health care institutions.

27(a) Freedom of conscience.--A health care institution has
28the right not to participate, and no health care institution may
29be required to participate, in a health care service that
30violates its conscience.

1(b) Immunity from liability.--There shall be no cause of
2action against a health care institution for declining to
3participate in a health care service that violates its
4conscience if the institution has a notice clearly posted
5stating it reserves the right to decline to provide or
6participate in health care services that violate its conscience.
7A health care institution that declines to provide or
8participate in a health care service that violates its
9conscience may not be civilly, criminally or administratively
10liable.

11(c) Discrimination.--It shall be unlawful for a person,
12public or private institution or public official to discriminate
13against a health care institution, or a person, association,
14corporation or other entity attempting to establish a new health
15care institution or operating an existing health care
16institution, in any manner including, but not limited to, any
17denial, deprivation or disqualification with respect to
18licensure, any aid assistance, benefit or privilege, including
19staff privileges, or any authorization, including authorization
20to create, expand, improve, acquire, affiliate or merge with a
21health care institution, because the health care institution, or
22person, association or corporation planning, proposing or
23operating a health care institution, declines to participate in
24a health care service that violates the health care
25institution's conscience.

26(d) Denial of aid or benefit.--It shall be unlawful for a
27public official, agency, institution or entity to deny any
28payments, reimbursements for services or any form of aid,
29assistance, funding, grants or benefits or in any other manner
30to coerce, disqualify or discriminate against a person,

1association, corporation or other entity attempting to establish
2a new health care institution or operating an existing health
3care institution because the existing or proposed health care
4institution declines to participate in a health care service
5contrary to the health care institution's conscience.

6Section 6. Effect on informed consent requirements.

7Nothing in this act may exempt a health care provider or
8health care institution from complying with informed consent
9requirements mandated by statute regarding the provision of a
10health care service.

11Section 7. Severability.

12The provisions of this act are declared to be severable, and
13if any provision, word, phrase or clause of this act or the
14application thereof to any person shall be held invalid, such
15invalidity shall not affect the validity of the remaining
16portions of this act.

17Section 8. Effective date.

18This act shall take effect in 60 days.