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 Freedom of
7Conscience in Health Care Services 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,

1salary reduction, transfer, termination, loss of staffing
2privileges, denial of aid or benefits and refusal to license
3or refusal to certify.

4(3) It is the purpose of this act to protect the right
5of all health care providers and institutions to decline to
6counsel, advise, provide, perform, assist or participate in
7providing or performing health care services that violate
8their consciences.

9(b) Purpose.--It is the purpose of this act to prohibit all
10forms of discrimination, disqualification, coercion, disability
11or liability upon such health care providers and institutions
12that decline to perform any health care service that violates
13their conscience.

14Section 3. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Conscience." The religious, moral or ethical principles 
19held by a health care provider or a health care institution. A 
20health care institution's religious, moral or ethical principles 
21shall be stated in the institution's mission statement, 
22constitution, bylaws, articles of incorporation, regulations, 
23directives or other relevant documents or guidelines under which 
24it operates.

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

1physicians' offices, pharmacies, nursing homes, university 
2medical schools and nursing schools, medical training facilities 
3or other institutions or locations wherein health care services 
4are provided to any person.

5"Health care provider." Any individual who may be asked or 
6assigned to participate in any way in a health care service, 
7including, but not limited to, a physician, physician assistant, 
8nurse, nurses' aide, medical assistant, hospital employee, 
9clinic employee, nursing home employee, pharmacist, pharmacy 
10employee, researcher, medical or nursing school faculty, student 
11or employee, counselor, social worker or any professional or 
12paraprofessional, or any other person who furnishes or assists 
13in the furnishing of health care services.

14"Health care service." Any phase of patient medical care, 
15treatment or procedure relating to abortion, artificial birth 
16control, artificial insemination, assisted reproduction, 
17emergency contraception, human cloning, human embryonic stem-
18cell research, fetal experimentation and sterilization and 
19including, but not limited to, patient referral, counseling, 
20therapy, testing, diagnosis, prognosis, research, instruction, 
21prescribing, dispensing or administering any device, drug, or 
22medication, surgery, or any other care or treatment rendered by 
23health care providers or health care institutions.

24"Participate." To counsel, advise, provide, perform, assist 
25in, refer or admit for purposes of providing, transfer or 
26participate in providing, any health care service or any form of 
27such service.

28Section 4. Freedom of conscience of health care providers.

29(a) Freedom of conscience.--A health care provider has the
30right not to participate, and no health care provider shall be

1required to participate, in a health care service that violates
2his or her conscience.

3(b) Immunity from liability.--There shall be no cause of
4action against a health care provider for declining to
5participate in a health care service that violates the health
6care provider's conscience.

7(c) Discrimination.--It shall be unlawful for any person,
8health care provider, health care institution, public service
9institution, professional organization, public official or any
10board which certifies competency in medical specialties to
11discriminate against any health care provider in any manner
12based on the health care provider's declining to participate in
13a health care service that violates the health care provider's
14conscience. This shall include, but is not limited to,
15termination, transfer or refusal of staff privileges, refusal of
16board certification, adverse administrative action, demotion,
17loss of career specialty, reassignment to a different shift,
18reduction of wages or benefits, refusal to award any grant,
19contract or other program, refusal to provide residency training
20opportunities, denial, deprivation, suspension or
21disqualification with respect to licensure or government
22certification or any other penalty, disciplinary or retaliatory
23action.

24Section 5. Freedom of conscience of health care institutions.

25(a) Freedom of conscience.--A health care institution has
26the right not to participate, and no health care institution
27shall be required to participate, in a health care service that
28violates its conscience.

29(b) Immunity from liability.--

30(1) There shall be no cause of action against a health

1care institution for declining to participate in a health
2care service that violates its conscience if the institution
3has a notice clearly posted stating it reserves the right to
4decline to provide or participate in health care services
5that violate its conscience.

6(2) A health care institution that declines to provide
7or participate in a health care service that violates its
8conscience shall not be civilly, criminally or
9administratively liable.

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

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

1a new health care institution or operating an existing health
2care institution because the existing or proposed health care
3institution declines to participate in a health care service
4contrary to the health care institution's conscience.

5Section 6. Effect on informed consent requirements.

6Nothing in this act shall be construed to exempt a health
7care provider or health care institution from complying with
8informed consent requirements mandated by statute regarding the
9provision of a health care service.

10Section 7. Severability.

11The provisions of this act are severable. If any provision of
12this act or its application to any person or circumstance is
13held invalid, the invalidity shall not affect other provisions
14or applications of this act which can be given effect without
15the invalid provision or application.

16Section 8. Effective date.

17This act shall take effect in 60 days.