Alabama
	Senate Bill 105 (2012)
	Health Care Rights of Conscience Act
					
				
				
    
    
    BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	Section 1. 
	This act may be known and cited as the Health 
							Care Rights of Conscience Act.
	Section 2. 
	The Legislature finds and declares:
	(1) It is the public policy of the State of 
							Alabama to respect and protect the fundamental right 
							of conscience of individuals who provide health care 
							services.
	(2) Without comprehensive protection, health care 
							rights of conscience may be violated in various 
							ways, such as harassment, demotion, salary 
							reduction, termination, loss of privileges, denial 
							of aid or benefits, and refusal to license, or 
							refusal to certify.
	(3) It is the purpose of this act to protect 
							religious or ethical rights of all health care 
							providers to decline to counsel, advise, provide, 
							perform, assist, or participate in providing or 
							performing certain health care services that violate 
							their consciences, where they have made their 
							objections known in writing.
	(4) It is the purpose of this act to prohibit 
							discrimination, disqualification, or coercion upon 
							such health care providers who decline to perform 
							any health care service that violates their 
							conscience and who object in writing prior to being 
							asked to perform such health care services.
	Section 3. 
	The following words and terms shall have the 
							meanings ascribed to them in this section, unless 
							otherwise required by their respective context:
	(1) CONSCIENCE. The religious, 
							moral, or ethical principles held by a health care 
							provider.
	(2) DISCRIMINATION. 
							Discrimination includes, but is not limited to: 
							Hiring, termination, refusal of staff privileges, 
							refusal of board certification, demotion, loss of 
							career specialty, reduction of wages or benefits, 
							adverse treatment in the terms and conditions of 
							employment, refusal to award any grant, contract, or 
							other program, or refusal to provide residency 
							training opportunities.
	(3) HEALTH CARE PROVIDER. 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, nurse's aide, medical assistant, hospital 
							employee, clinic employee, nursing home employee, 
							pharmacist, researcher, medical or nursing school 
							faculty, student, or employee, counselor, social 
							worker, or any professional, paraprofessional, or 
							any other person who furnishes or assists in the 
							furnishing of health care services.
	(4) HEALTH CARE SERVICE. Any 
							phase of patient medical care, treatment or 
							procedure, related to: Patient referrals, 
							counseling, therapy, testing, diagnosis or 
							prognosis, research, instruction, prescribing, 
							dispensing or administering any device, drug, or 
							medication, surgery, or any other care or treatment 
							rendered or provided by health care providers for 
							abortion, human cloning, human embroyonic stem cell 
							research, and sterilization. Health care service 
							does not include notifying a member of a health care 
							institution's management of a patient inquiry about 
							obtaining a health care service that a health care 
							provider believes may violate his or her conscience.
	(5) OBJECT IN WRITING. To 
							provide advance notice in a signed written document 
							to an authorized agent of his or her employer, 
							board, or other oversight agency of a particular 
							health care provider.
	(6) PARTICIPATE. To counsel, 
							advise, provide, perform, assist in, refer for, 
							admit for purposes of providing, or participate in 
							providing, any health care service or any form of 
							such service. Participate does not include 
							compliance with a health care institution's policy 
							and procedure which states that a health care 
							provider must notify a member of the health care 
							institution's management of a patient's inquiry 
							about obtaining a health care service that the 
							health care provider believes may violate his or her 
							conscience.
	Section 4. 
	(a) A health care provider has the right not to 
							participate, and no health care provider shall be 
							required to participate, in a health care service 
							that violates his or her conscience when the health 
							care provider has objected in writing prior to being 
							asked to provide such health care services.
	(b) No health care provider shall be civilly, 
							criminally, or administratively liable for declining 
							to participate in a health care service that 
							violates his or her conscience except when failure 
							to do would immediately endanger the life of a 
							patient.
	(c) No limitation of liability or exception in 
							this act shall apply when any health care provider 
							declines to participate in any health care service 
							if the denial of the health care service will result 
							in or hasten the death of the patient on the basis 
							that extending the life of an elderly, disabled, or 
							terminally ill patient is of less value than 
							extending the life of a patient who is younger, not 
							disabled, or not terminally ill.
	(d) It shall be unlawful for any person, health 
							care provider, health care institution, public or 
							private institution, public official, or any board 
							which certifies competency in medical specialties to 
							discriminate against any health care provider in any 
							manner based on his or her declining to participate 
							in a health care service that violates his or her 
							conscience, where the health care provider has made 
							his or her objections known in writing.
	Section 5. 
	(a) An action for injunctive relief may be 
							brought for the violation of any provision of this 
							act. It shall not be a defense to any claim arising 
							out of the violation of this act that such violation 
							was necessary to prevent additional burden or 
							expense on any other health care provider or health 
							care institution.
	(b) The court in such action may award injunctive 
							relief, including ordering reinstatement of a health 
							care provider to his or her prior job position, back 
							pay and costs of the action.
	Section 6. 
	(a) The provisions of this act shall not apply to 
							health care institutions or employers who are 
							licensed by the State of Board of Health as abortion 
							clinics. Further, nothing in this act shall modify, 
							amend, repeal, or supersede any provision of Section 
							6-5-333 of the Code of Alabama 1975, or any judicial 
							interpretation thereof.
	(b) This act shall not apply to a licensed 
							professional counselor licensed by the Board of 
							Examiners in Counseling, or an associate licensed 
							counselor or a counselor in training, or a school 
							counselor certified by the State Board of Education, 
							providing counseling is in accordance with the codes 
							of ethics of the respective licensing or certifying 
							entity and the standards of care reflected in the 
							appropriate codes of ethics.
	Section 7. 
	If any part of this act or the application 
							thereof to any person or circumstances is held 
							invalid, such invalidity shall not affect parts or 
							applications of this act which can be given effect 
							without the invalid part or application and to this 
							end, such invalid portions of this act are declared 
							severable.
	Section 8. 
	This act shall become effective on the first day 
							of the third month following its passage and 
							approval by the Governor, or its otherwise becoming 
							law.