Abortion Reform Act 2019
Full Text
3. Interpretation
. . . "relevant professional" means a person who, for the time being
falls within paragraph (a) or (d) of the definition of "health care
professional" in section 3 of the
Health Care Professionals Act 2014. . .1
8. Conscientious objection
(1) Subject to subsections (2) to (4), no relevant professional or
pharmacist shall be under any legal duty, whether arising by contract or any
statutory or other legal requirement, to participate in any treatment or
counselling authorised by this Act if that person has a conscientious
objection to participating in such treatment or counselling.
(2) The Department must not terminate the employment of a person who
refuses to participate in treatment or counselling authorised by this Act in
reliance upon subsection (1).
(3) In any legal proceedings, a
statement in writing and on oath or affirmation by a person that he or she
has a conscientious objection to participating in any treatment or
counselling authorised under this Act is conclusive evidence of that
objection.
(4) Subsection (1) does not affect any duty to participate
in a treatment which is necessary
(a) to save the life of a pregnant
woman; or
(b) to prevent grave permanent injury to the health of a
pregnant woman.
(5) A relevant professional or pharmacist who has a
conscientious objection referred to in subsection (1) must
(a) inform
the pregnant woman who requests abortion services that she has a right to
see another relevant professional or pharmacist (as the case requires); and
(b) ensure she has sufficient information to enable her to exercise the
right mentioned in paragraph (a).
(6) Any relevant professional or
pharmacist whose failure to act in accordance with subsection (4) or (5)
results in the woman suffering injury or the loss of her life (or both)
commits an offence.
Maximum penalty
(a) on information a fine or 2
years’ custody; or
(b) (summary) 12 months’ custody or a level 5 fine
Project Notes
1. Which includes "a registered medical
practitioner" and "a member of the profession of nursing or midwifery who is
a registrant."