STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by
Assemblyman SEAN T. KEAN, District 11
(Monmouth)
Synopsis
Permits health care professionals to refuse to perform or assist in health
care services that violate their religious, moral, or ethical convictions.
Current Version of Text
As introduced.
An Act concerning health care professionals and
amending P.L.1974, c.111.
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. Section 1 of P.L.1974, c.111 (C.2A:65A-1)
is amended to read as follows:
1. [No person] a. A health care professional
shall not be required to counsel, advise, provide or assist in providing,
perform or assist in [the performance of] performing, refer or admit for:
(1) an abortion or sterilization; or
(2) any health care service with respect to
which the health care professional states that counseling, advising,
providing or assisting in providing, performing or assisting in performing,
referring, or admitting for that health care service would violate that
person's religious, moral, or ethical convictions.
b. As used in this section:
"Health care professional" means a person
licensed or otherwise authorized pursuant to Title 45 or Title 52 of the
Revised Statutes to practice a health care profession that is regulated by
the Director of the Division of Consumer Affairs or by one of the following
boards: the State Board of Medical Examiners, the New Jersey Board of
Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board
of Optometrists, the New Jersey State Board of Pharmacy, the State Board of
Chiropractic Examiners, the Acupuncture Examining Board, the State Board of
Physical Therapy, the State Board of Respiratory Care, the Orthotics and
Prosthetics Board of Examiners, the State Board of Psychological Examiners,
the State Board of Social Work Examiners, the State Board of Veterinary
Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and
Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory
Committee, the State Board of Marriage and Family Therapy Examiners, the
Occupational Therapy Advisory Council, and the Certified Psychoanalysts
Advisory Committee.
"Health care service" means any phase of
medical or other health care, treatment, or procedure, including: patient
referral or counseling; therapy; testing, diagnosis, or prognosis; research
or instruction; prescribing, dispensing, or administering a device or
prescription drug; surgery; or any other care or treatment rendered by
health care professionals within or outside of a licensed health care
facility.
(cf: P.L.1974, c.111, s.1)
2. Section 3 of P.L.1974, c.111 (C.2A:65A-3)
is amended to read as follows:
3. a. The refusal by a health care
professional to counsel, advise, provide or assist in providing, perform or
assist in [the performance of, or provide] performing, refer, or admit for
abortion services [or], sterilization procedures, or any health care service
as defined in section 1 of P.L.1974, c.111 (C.2A:65A-1) with respect to
which the health care professional states that counseling, advising,
providing or assisting in providing, performing or assisting in performing,
referring, or admitting for that health care service would violate that
person's religious, moral, or ethical convictions, shall not constitute
grounds for civil or criminal liability, disciplinary action, or
discriminatory treatment.
b. A health care professional who is aggrieved
as a result of a violation of the provisions of subsection a. of this
section may commence a civil action against the person or entity who
committed the violation to obtain appropriate relief, including actual
damages, equitable relief, and reasonable attorney's fees and court costs.
The court may award punitive damages when the violation evidences
intentionally malicious conduct by the person or entity who committed the
violation.
(cf: P.L.1974, c.111, s.3)
3. This act shall take effect on the 180th day
after the date of enactment.