Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3283
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\nbd\11026ac07.doc
Introduced in the House on January 17, 2007
Currently residing in the House Committee on Judiciary
Summary: Health Care Freedom of Conscience Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/17/2007 House Introduced and read first time HJ-12 1/17/2007 House Referred to Committee on Judiciary HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 41, TITLE 44 OF THE 1976 CODE BY ADDING ARTICLE 5 SO AS TO ENACT THE "HEALTH CARE FREEDOM OF CONSCIENCE ACT" TO PROVIDE THAT HEALTH CARE PROVIDERS, HEALTH CARE INSTITUTIONS, AND HEALTH CARE PAYERS HAVE THE RIGHT NOT TO PARTICIPATE IN OR PAY FOR A HEALTH CARE SERVICE THAT VIOLATES THEIR CONSCIENCE, TO PROHIBIT DISCRIMINATION AGAINST A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, OR HEALTH CARE PAYER FOR DECLINING TO PARTICIPATE IN OR PAY FOR HEALTH CARE SERVICES THAT VIOLATE THEIR CONSCIENCE, TO PROVIDE IMMUNITY FROM LIABILITY BY REASON OF THE HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, OR HEALTH CARE PAYER DECLINING TO PARTICIPATE IN OR PAY FOR A HEALTH CARE SERVICE, AND TO CREATE A CIVIL CAUSE OF ACTION FOR VIOLATIONS AND A MINIMUM AWARD FOR DAMAGES.
Whereas, it is the public policy of this State to respect and protect the fundamental right of conscience of all individuals who provide health care services; and
Whereas, without comprehensive protection, health care rights of conscience may be violated in various ways, such as harassment, demotion, salary reduction, transfer, termination, loss of staffing privileges, denial of aid or benefits, and refusal to license or certify; and
Whereas, it is the purpose of this act to protect as a basic civil right, the right of all health care providers, institutions, and payers to decline to counsel, advise, provide, perform, assist, or participate in providing or performing health care services or to pay for health care services that violate their consciences. Such health care services may include, but are not limited to, abortion, artificial birth control, artificial insemination, assisted reproduction, human cloning, euthanasia, human embryonic stem cell research, fetal experimentation, physician-assisted suicide, and sterilization; and
Whereas, accordingly, it is the purpose of this act to prohibit all forms of discrimination, disqualification, coercion, disability, or liability upon such health care providers, institutions, and payers that decline to perform any health care service that violates their conscience. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Health Care Freedom of Conscience Act".
SECTION 2. Chapter 41, Title 44 of the 1976 Code is amended by adding:
Section 44-41-510. As used in this article:
(1) 'Conscience' means the religious, moral, or ethical principles held by a health care provider, a health care institution, or health care payer. For purposes of this article, a health care institution or health care payer's conscience must be determined by reference to its existing or proposed religious, moral, or ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations, or other relevant documents.
(2) 'Employer' means an individual or entity that pays for or provides health benefits or health insurance coverage as a benefit to its employees, whether through a third party, a health maintenance organization, a program of self insurance, or some other means.
(3) 'Health care institution' means a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in providing health care services including, but not limited to, hospitals, clinics, medical centers, ambulatory surgical centers, private physician's offices, pharmacies, nursing homes, university medical schools and nursing schools, medical training facilities, or other institutions or locations wherein health care services are provided to any person.
(4) 'Health care payer' means an entity or employer that contracts for, pays for, or arranges for the payment of, in whole or in part, any health care service or product including, but not limited to, health maintenance organizations, health plans, insurance companies, or management services organizations.
(5) 'Health care provider' means an 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, nurses' aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist, pharmacy employee, 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.
(6) 'Health care service' means any phase of patient medical care, treatment or procedure including, but not limited to, patient referral, 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 by a health care provider or a health care institution.
(7) 'Participate in a health care service' means to counsel, advise, provide, perform, assist in, refer, admit for purposes of providing, or participate in providing any health care service or any form of such service.
(8) 'Pay' or 'payment' means pay, contract for, or otherwise arrange for the payment of, in whole or in part.
Section 44-41-520. (A) A health care provider has the right not to participate, and no health care provider may be required to participate, in a health care service that violates his or her conscience.
(B) A health care provider is immune from civil, criminal, or administrative liability for declining to participate in a health care service that violates his or her conscience.
(C) It is unlawful for a person, health care provider, health care institution, public or private institution, public official, or any board that certifies competency in medical specialties to discriminate against a 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. For purposes of this article, discrimination includes, but is not limited to, termination, transfer, refusal of staff privileges, refusal of board certification, adverse administrative action, demotion, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to award any grant, contract, or other program, refusal to provide residency training opportunities, or any other penalty or disciplinary or retaliatory action.
Section 44-41-530. (A) A health care institution has the right not to participate, and no health care institution may be required to participate, in a health care service that violates its conscience.
(B) A health care institution that declines to provide or participate in a health care service that violates its conscience is immune from civil, criminal, or administrative liability if the institution provides a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide or participate in health care services that violate its conscience.
(C) It is unlawful for a person, public or private institution, or public official to discriminate against any health care institution, or any person, association, corporation, or other entity attempting to establish a new health care institution or operating an existing health care institution, in any manner including, but not limited to, any denial, deprivation or disqualification with respect to licensure, any aid assistance, benefit or privilege, including staff privileges, or any authorization, including authorization to create, expand, improve, acquire, or affiliate or merge with any health care institution, because such health care institution, or person, association, or corporation planning, proposing, or operating a health care institution, declines to participate in a health care service that violates the health care institution's conscience.
(D) It is unlawful for a public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits or in any other manner to coerce, disqualify, or discriminate against any person, association, corporation, or other entity attempting to establish a new health care institution or operating an existing health care institution because the existing or proposed health care institution declines to participate in a health care service contrary to the health care institution's conscience.
Section 44-41-540. (A) A health care payer has the right to decline to pay, and no health care payer may be required to pay for or arrange for the payment of any health care service or product that violates its conscience.
(B) A health care payer and any person, association, corporation, or other entity that owns, operates, supervises, or manages a health care payer is immune from civil or criminal liability by reason of the health care payer declining to pay for or arrange for the payment of any health care service that violates its conscience.
(C) It is unlawful for a person, public or private institution, or public official to discriminate against a health care payer or any person, association, corporation, or other entity attempting to establish a new health care payer or operating an existing health care payer, in any manner including, but not limited to, any denial, deprivation, or disqualification with respect to licensure, aid, assistance, benefit, privilege, or authorization including, but not limited to, any authorization to create, expand, improve, acquire, or affiliate or merge with, any health care payer, because a health care payer or a person, association, corporation, or other entity planning, proposing, or operating a health care payer declines to pay for or arrange for the payment of any health care service that violates its conscience.
(D) It is unlawful for a public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits or in any other manner to coerce, disqualify, or discriminate against any health care payer or any person, association, corporation, or other entity attempting to establish a new health care payer or operating an existing health care payer because the existing or proposed health care payer declines to pay for or arrange for the payment of any health care service that is contrary to its conscience.
Section 44-41-550. (A) A civil action for damages or injunctive relief, or both, may be brought for a violation of any provision of this article. It is not a defense to any claim arising out of the violation of this article that the violation was necessary to prevent additional burden or expense on any other health care provider, health care institution, individual, or patient.
(B) An individual, association, corporation, entity, or health care institution injured by any public or private individual, association, agency, entity, or corporation by reason of any conduct prohibited by this article may commence a civil action. Upon a finding of a violation of this article, the aggrieved party is entitled to recover threefold the actual damages, including pain and suffering, sustained by the individual, association, corporation, entity, or health care institution, the costs of the action, and reasonable attorney's fees. However, the amount recovered may not be less than five thousand dollars for each violation in addition to costs of the action and reasonable attorney's fees. These damages are cumulative and not exclusive of other remedies afforded under any other state or federal law.
(C) The court in such civil actions may award injunctive relief including, but not limited to, ordering reinstatement of a health care provider to his or her prior job position."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:33 P.M.