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This document includes House Floor Amendments incorporated into the bill on Mon, Mar 7, 2011 at 12:25 PM by lerror. --> 1
7 LONG TITLE
8 General Description:
9 This bill amends the portion of the Utah Criminal Code relating to abortion by
10 replacing Utah's freedom of conscience law with a new and expanded freedom of
11 conscience law.
12 Highlighted Provisions:
13 This bill:
14 . defines H. [
15 . provides that a health care provider may, on religious or moral grounds, refuse to
16 perform or participate in any way in an abortion;
17 . provides that, except as otherwise required by law, a
17a H. [
18 religious or moral grounds, to admit a patient for an abortion procedure or perform
19 an abortion procedure for a patient;
20 . provides that a health care provider's or a H. [
20a refusal, described in the
21 preceding paragraphs, may not be the basis for civil liability or other recriminatory
23 . provides that a H. [
23a not take any adverse action
24 against a health care provider for exercising the health care provider's right of
25 refusal described in this bill;
26 . provides that a person who is adversely impacted by conduct prohibited by this bill
27 may bring a civil action for equitable relief, including reinstatement, and for
28 damages; and
29 . provides that a person who brings an action under this bill must commence the
30 action within three years after the day on which the cause of action arises.
31 Money Appropriated in this Bill:
33 Other Special Clauses:
35 Utah Code Sections Affected:
36 REPEALS AND REENACTS:
37 76-7-306, as last amended by Laws of Utah 1995, Chapter 20
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 76-7-306 is repealed and reenacted to read:
41 76-7-306. Refusal to participate, admit, or treat for abortion based on religious or
42 moral grounds -- Cause of action.
43 (1) As used in this section H. [
43a (a) "Health care facility" is as defined in Section 26-21-2.
43b (b) .H " H. [
44 employee of, has practice privileges at, or is otherwise associated with a H. [
44a facility .H .
45 (2) A health care provider may, on religious or moral grounds, refuse to perform or
46 participate in any way, in:
47 (a) an abortion; or
48 (b) a procedure that is intended to, or likely to, result in the termination of a pregnancy.
49 (3) Except as otherwise required by law, a H. [
49a refuse, on religious or moral
50 grounds, to:
51 (a) admit a patient for an abortion procedure or another procedure that is intended to, or
52 likely to, result in the termination of a pregnancy; or
53 (b) perform for a patient an abortion procedure or another procedure that is intended to,
54 or likely to, result in the termination of a pregnancy.
55 (4) A health care provider's refusal under Subsection (2) and a H. [
55a facility's .H refusal under
56 Subsection (3) may not be the basis for civil liability or other recriminatory action.
57 (5) A H. [
57a adverse action against a
58 health care provider for exercising the health care provider's right of refusal described in
59 Subsection (2), or for bringing or threatening to bring an action described in Subsection (6),
61 (a) dismissal;
62 (b) demotion;
63 (c) suspension;
64 (d) discipline;
65 (e) discrimination;
66 (f) harassment;
67 (g) retaliation;
68 (h) adverse change in status;
69 (i) termination of, adverse alteration of, or refusal to renew an association or
70 agreement; or
71 (j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status
72 that the health care provider would have otherwise received.
73 (6) A person who is adversely impacted by conduct prohibited in Subsection (5) may
74 bring a civil action for equitable relief, including reinstatement, and for damages. A person
75 who brings an action under this section must commence the action within three years after the
76 day on which the cause of action arises.
Legislative Review Note
as of 2-11-11 1:27 PM