First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0800.01 Brita Darling x2241
HOUSE BILL 25-1255
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROTECTING A HEALTH -CARE PROVIDER'S RIGHT TO101
EXERCISE THEIR CONSCIENCE IN PROVIDING HEALTH CARE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the "Medical Ethics Defense Act" (act). The act
recognizes that a health-care professional, health-care institution, and
health-care payer (health-care provider) has a right of conscience. The
act:
! Defines "conscience" to mean the ethical, moral, or
religious beliefs or principles held by a health-care provider
HOUSE SPONSORSHIP
Luck,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. and recognizes institutional entities or corporate bodies as
also having a conscience as determined by reference to the
governing documents of the entity or body; and
! Allows a health-care provider to refuse to participate in or
pay for a medical procedure, treatment, or service that
violates the health-care provider's conscience.
The right of conscience is limited to a particular medical procedure,
treatment, or service. Further, a health-care payer is prohibited from
refusing to pay for services that are specified in the health-care payer's
contract. The act shall not be construed to conflict with the requirement
to provide emergency medical treatment.
A health-care provider:
! Shall not be discriminated against in any manner as a result
of the health-care provider exercising its right of
conscience; and
! Is immune from civil, criminal, or administrative liability
for exercising its right of conscience.
The act authorizes a religious health-care provider to make
employment staffing, contracting, and administrative decisions consistent
with its religious beliefs if it holds itself out to the public as religious and
has internal operating procedures that implement its religious purpose or
mission. The act provides protection against discrimination to a
health-care provider that provides information about a violation of the act
or other law to an employer or a state or federal agency or official or that
testifies or participates in proceedings relating to the violation.
Additionally, the act prohibits:
! Administrative agencies from denying or revoking a
license, certification, or registration, or threatening to do
so, based upon an individual health-care professional
engaging in free speech under the United States
constitution (constitution) or section 10 of article II of the
state constitution; or
! The state from contracting with, recognizing, approving, or
requiring an individual to obtain certifications or
credentials from a specialty board or other recognizing
agency that refuses to certify or revokes credentials based
upon an individual's engagement in free speech under the
constitution.
A state entity that regulates the provision of medical treatments,
procedures, or services shall promptly notify a health-care provider of any
complaint received by the entity that is based on an exercise of free
speech and that may result in revocation of the health-care provider's
license, certification, or registration.
A party aggrieved by a violation of the act may commence a civil
action and, if a violation has occurred, is entitled to injunctive and
HB25-1255
-2- declaratory relief and an award of monetary damages and attorney fees.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 60 to title2
25 as follows:3
ARTICLE 604
Medical Ethics Defense Act5
25-60-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 60 IS6
THE "MEDICAL ETHICS DEFENSE ACT".7
25-60-102. Legislative declaration - purpose. (1) T
HE GENERAL8
ASSEMBLY FINDS AND DETERMINES THAT :9
(a) T
HE RIGHT OF CONSCIENCE IS A FUNDAMENTAL AND10
UNALIENABLE RIGHT CENTRAL TO THE FOUNDING OF THE UNITED STATES11
AND HAS BEEN DEEPLY ROOTED IN THE NATION 'S HISTORY AND TRADITION12
FOR CENTURIES;13
(b) T
HROUGH THE HIPPOCRATIC OATH, WHICH IS A SWORN14
AGREEMENT BY PHYSICIANS TO DO NO HARM , THE RIGHT OF CONSCIENCE15
HAS BEEN ENSHRINED IN THE PRACTICE OF MEDICINE FOR MILLENNIA ;16
(c) H
OWEVER, DESPITE ITS PREEMINENT IMPORTANCE, THREATS TO17
THE RIGHT OF CONSCIENCE OF HEALTH -CARE PROFESSIONALS ,18
HEALTH-CARE INSTITUTIONS, AND HEALTH-CARE PAYERS HAVE BECOME19
INCREASINGLY COMMON AND SEVERE IN RECENT YEARS ; AND20
(d) T
HE SWIFT PACE OF SCIENTIFIC ADVANCEMENT AND THE21
EXPANSION OF MEDICAL CAPABILITIES , ALONG WITH THE CREATION OF22
NEW RIGHTS FOR PATIENTS TO ACCESS CERTAIN PROCEDURES AND THE23
MISTAKEN NOTION THAT HEALTH -CARE PROFESSIONALS, HEALTH-CARE24
INSTITUTIONS, AND HEALTH-CARE PAYERS ARE MERE PUBLIC UTILITIES ,25
HB25-1255-3- PROMISES TO MAKE THE CURRENT CRISIS WORSE , UNLESS SOMETHING IS1
DONE TO SECURE THE RIGHT OF CONSCIENCE .2
(2) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT :3
(a) I
T IS THE PUBLIC POLICY OF THE STATE TO PROTECT THE RIGHT4
OF CONSCIENCE FOR HEALTH -CARE PROFESSIONALS, HEALTH-CARE5
INSTITUTIONS, AND HEALTH-CARE PAYERS;6
(b) A
S THE CONSCIENCE IS FUNDAMENTAL , A HEALTH-CARE7
PROFESSIONAL, HEALTH-CARE INSTITUTION, OR HEALTH-CARE PAYER8
SHALL NOT BE REQUIRED TO PARTICIPATE IN NOR PAY FOR ANY MEDICAL9
PROCEDURE, TREATMENT, OR SERVICE, OR PRESCRIBE OR PAY FOR ANY10
MEDICATION TO WHICH THEY OBJECT ON THE BASIS OF CONSCIENCE ,11
WHETHER SUCH CONSCIENCE IS INFORMED BY RELIGIOUS , MORAL, OR12
ETHICAL BELIEFS OR PRINCIPLES; AND13
(c) I
T IS THE PURPOSE OF THIS ARTICLE 60 TO PROTECT14
HEALTH-CARE PROFESSIONALS , HEALTH-CARE INSTITUTIONS, AND15
HEALTH-CARE PAYERS FROM DISCRIMINATION , PUNISHMENT, AND16
RETALIATION AS A RESULT OF ANY INSTANCE OF ENGAGING IN17
CONSCIENTIOUS MEDICAL OBJECTION .18
25-60-103. Definitions. A
S USED IN THIS ARTICLE 60, UNLESS THE19
CONTEXT OTHERWISE REQUIRES :20
(1) (a) "C
ONSCIENCE" MEANS THE ETHICAL, MORAL, OR RELIGIOUS21
BELIEFS OR PRINCIPLES HELD BY A HEALTH-CARE PROVIDER.22
(b) W
ITH RESPECT TO INSTITUTIONAL ENTITIES OR CORPORATE23
BODIES, AS OPPOSED TO INDIVIDUALS, "CONSCIENCE" IS DETERMINED BY24
REFERENCE TO THE GOVERNING DOCUMENTS OF THE ENTITY OR BODY ,25
INCLUDING ANY ETHICAL, MORAL, OR RELIGIOUS GUIDELINES, DIRECTIVES,26
MISSION STATEMENTS, CONSTITUTIONS, ARTICLES OF INCORPORATION ,27
HB25-1255
-4- BYLAWS, POLICIES, OR REGULATIONS.1
(2) (a) "D
ISCRIMINATION" OR "DISCRIMINATED AGAINST" MEANS2
ANY ADVERSE ACTION TAKEN AGAINST , OR THREAT OF ADVERSE ACTION3
COMMUNICATED TO , A HEALTH-CARE PROVIDER AS A RESULT OF THE4
HEALTH-CARE PROVIDER EXERCISING THEIR RIGHT PROTECTED IN SECTION5
25-60-104.6
(b) "D
ISCRIMINATION" INCLUDES ANY PENALTY, DISCIPLINARY, OR7
RETALIATORY ACTION, WHETHER EXECUTED OR THREATENED .8
(c) "D
ISCRIMINATION" DOES NOT INCLUDE THE NEGOTIATION OR9
PURCHASE OF, OR THE REFUSAL TO USE OR PURCHASE , INSURANCE OR10
MEDICAL PROCEDURES, TREATMENTS, OR SERVICES BY AN INDIVIDUAL OR11
NONGOVERNMENTAL ENTITY OR GOOD FAITH EFFORTS TO ACCOMMODATE12
CONSCIENTIOUS OBJECTIONS OF A HEALTH -CARE PROVIDER.13
(3) (a) "H
EALTH-CARE INSTITUTION" MEANS ANY ORGANIZATION,14
CORPORATION, PARTNERSHIP, ASSOCIATION, AGENCY, NETWORK, SOLE15
PROPRIETORSHIP, JOINT VENTURE, OR OTHER ENTITY THAT PROVIDES16
MEDICAL PROCEDURES, TREATMENTS, OR SERVICES.17
(b) "H
EALTH-CARE INSTITUTION" INCLUDES A HOSPITAL OR18
HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO SECTION19
25-1.5-103
(1), ARTICLE 3 OF THIS TITLE 25, OR BOTH.20
(4) "H
EALTH-CARE PAYER" MEANS AN EMPLOYER , A HEALTH21
BENEFIT PLAN, A HEALTH MAINTENANCE ORGANIZATION , AN INSURANCE22
COMPANY, A MANAGEMENT SERVICES ORGANIZATION , OR ANY OTHER23
ENTITY THAT PAYS FOR A MEDICAL PROCEDURE , TREATMENT, OR SERVICE24
PROVIDED TO A PATIENT OR CLIENT , INCLUDING TO CONTRACT FOR ,25
ARRANGE FOR PAYMENT OF , REIMBURSE, OR REMUNERATE, WHETHER26
PAYMENT IS MADE IN WHOLE OR IN PART .27
HB25-1255
-5- (5) "HEALTH-CARE PROFESSIONAL" MEANS AN INDIVIDUAL WHO IS1
AUTHORIZED TO PARTICIPATE IN ANY WAY IN A MEDICAL PROCEDURE ,2
TREATMENT, OR SERVICE, INCLUDING AN INDIVIDUAL LICENSED ,3
CERTIFIED, OR REGISTERED PURSUANT TO ARTICLES 200 TO 310 OF TITLE4
12;
AN EMPLOYEE OF A HOSPITAL, CLINIC, NURSING HOME, OR PHARMACY;5
FACULTY AND STUDENTS OF A MEDICAL SCHOOL , NURSING SCHOOL, OR6
SCHOOL OF PSYCHOLOGY OR COUNSELING ; MEDICAL RESEARCHERS; AND7
LABORATORY TECHNICIANS .8
(6) "H
EALTH-CARE PROVIDER" MEANS A HEALTH -CARE9
PROFESSIONAL, HEALTH-CARE INSITITUTION, OR HEALTH-CARE PAYER.10
(7) "M
EDICAL PROCEDURE, TREATMENT, OR SERVICE" MEANS11
MEDICAL RESEARCH OR HEALTH -CARE SERVICES PROVIDED TO A PATIENT12
OR CLIENT AT ANY TIME OVER THE COURSE OF THE PROCEDURE ,13
TREATMENT, OR SERVICE AND INCLUDES TESTING ; DIAGNOSING;14
RECORD-MAKING; REFERRING; PRESCRIBING, DISPENSING, OR15
ADMINISTERING A DRUG , MEDICATION, OR DEVICE; THERAPY OR16
COUNSELING; OR PREPARING, ARRANGING, OR PERFORMING A SURGICAL17
PROCEDURE.18
(8) "P
ARTICIPATE" MEANS, WITH RESPECT TO A MEDICAL19
PROCEDURE, TREATMENT, OR SERVICE, TO PROVIDE, PERFORM, ASSIST20
WITH, FACILITATE, REFER FOR, COUNSEL FOR, ADVISE WITH REGARD TO, OR21
ADMIT FOR THE PURPOSES OF PROVIDING OR TAKING PART IN ANY WAY IN22
PROVIDING A MEDICAL PROCEDURE , TREATMENT, OR SERVICE.23
25-60-104. Right of conscience of health-care providers.24
(1) Right of conscience. A
HEALTH-CARE PROVIDER SHALL NOT BE25
REQUIRED TO PARTICIPATE IN OR PAY FOR A MEDICAL PROCEDURE ,26
TREATMENT, OR SERVICE THAT VIOLATES THE HEALTH-CARE PROVIDER'S27
HB25-1255
-6- CONSCIENCE.1
(2) Limited to specific medical procedures, treatments, or2
services or when contractually obligated to pay. T
HE RIGHT OF3
CONSCIENCE PROTECTED UNDER THIS SECTION :4
(a) I
S LIMITED TO A PARTICULAR MEDICAL PROCEDURE ,5
TREATMENT, OR SERVICE THAT VIOLATES THE CONSCIENCE OF THE6
HEALTH-CARE PROVIDER;7
(b) D
OES NOT WAIVE OR MODIFY A DUTY THAT A HEALTH -CARE8
PROVIDER HAS TO PROVIDE OR PAY FOR MEDICAL PROCEDURES ,9
TREATMENTS, OR SERVICES THAT DO NOT VIOLATE THE HEALTH -CARE10
PROVIDER'S CONSCIENCE; AND11
(c) D
OES NOT ALLOW A HEALTH -CARE PAYER TO DECLINE12
PAYMENT FOR A MEDICAL PROCEDURE , TREATMENT, OR SERVICE THAT THE13
HEALTH-CARE PAYER IS CONTRACTUALLY OBLIGATED TO PAY FOR UNDER14
THE TERMS OF A CONTRACT WITH AN INSURED PARTY .15
(3) Discrimination prohibited. A
HEALTH-CARE PROVIDER SHALL16
NOT BE DISCRIMINATED AGAINST IN ANY MANNER AS A RESULT OF THE17
HEALTH-CARE PROVIDER EXERCISING THE HEALTH -CARE PROVIDER'S18
RIGHT OF CONSCIENCE.19
(4) (a) Immunity from liability for right of conscience. A20
HEALTH-CARE PROVIDER IS NOT CIVILLY , CRIMINALLY, OR21
ADMINISTRATIVELY LIABLE FOR EXERCISING THE HEALTH -CARE22
PROVIDER'S RIGHT OF CONSCIENCE DESCRIBED IN THIS SECTION.23
(b) A
HEALTH-CARE INSTITUTION IS NOT CIVILLY, CRIMINALLY, OR24
ADMINISTRATIVELY LIABLE FOR THE EXERCISE OF THE RIGHT OF25
CONSCIENCE BY A HEALTH -CARE PROFESSIONAL EMPLOYED BY ,26
CONTRACTED WITH , OR GRANTED ADMITTING PRIVILEGES BY THE27
HB25-1255
-7- HEALTH-CARE INSTITUTION.1
(5) (a) T
HIS ARTICLE 60 SHALL NOT BE INTERPRETED TO2
UNDERMINE THE RIGHT OF A RELIGIOUS HEALTH -CARE PROVIDER TO MAKE3
EMPLOYMENT STAFFING , CONTRACTING, ADMINISTRATIVE, AND4
ADMITTING PRIVILEGE DECISIONS CONSISTENT WITH ITS RELIGIOUS BELIEFS5
IF THE RELIGIOUS HEALTH-CARE PROVIDER:6
(I) H
OLDS ITSELF OUT TO THE PUBLIC AS RELIGIOUS; AND7
(II) H
AS INTERNAL OPERATING POLICIES OR PROCEDURES THAT8
IMPLEMENT ITS RELIGIOUS PURPOSE OR MISSION .9
(b) T
HIS ARTICLE 60 SHALL NOT BE CONSTRUED TO CONFLICT WITH10
THE REQUIREMENTS OF THE FEDERAL "EMERGENCY MEDICAL TREATMENT11
AND LABOR ACT", 42 U.S.C. SEC. 1395dd.12
25-60-105. Whistleblower protections. (1) A
HEALTH-CARE13
PROVIDER SHALL NOT BE DISCRIMINATED AGAINST BECAUSE THE14
HEALTH-CARE PROVIDER:15
(a) P
ROVIDED, CAUSED TO BE PROVIDED, OR IS ABOUT TO PROVIDE16
OR CAUSE TO BE PROVIDED INFORMATION RELATING TO AN ACT OR17
OMISSION THAT THE HEALTH-CARE PROVIDER REASONABLY BELIEVES TO18
BE A VIOLATION OF THIS ARTICLE 60 TO:19
(I) T
HE HEALTH-CARE PROVIDER'S EMPLOYER;20
(II) T
HE ATTORNEY GENERAL;21
(III) A
STATE AGENCY CHARGED WITH PROTECTING THE RIGHT OF22
CONSCIENCE UNDER THIS ARTICLE 60;23
(IV) T
HE OFFICE FOR CIVIL RIGHTS IN THE FEDERAL DEPARTMENT24
OF HEALTH AND HUMAN SERVICES ; OR25
(V) A
NY OTHER FEDERAL AGENCY CHARGED WITH PROTECTING26
THE RIGHT OF CONSCIENCE; OR27
HB25-1255
-8- (b) TESTIFIED, ASSISTED, OR PARTICIPATED IN OR IS PREPARING TO1
TESTIFY, ASSIST, OR PARTICIPATE IN A PROCEEDING CONCERNING A2
VIOLATION OF THIS ARTICLE 60.3
(2) (a) U
NLESS DISCLOSURE IS SPECIFICALLY PROHIBITED BY LAW ,4
A HEALTH-CARE PROVIDER SHALL NOT BE DISCRIMINATED AGAINST5
BECAUSE THE HEALTH -CARE PROVIDER DISCLOSED INFORMATION , BY6
FORMAL OR INFORMAL COMMUNICATION , TRANSMISSION, OR DISCUSSION,7
THAT THE HEALTH -CARE PROVIDER REASONABLY BELIEVES8
DEMONSTRATES:9
(I) A
VIOLATION OF A LAW, RULE, OR REGULATION;10
(II) A
VIOLATION OF AN ETHICAL GUIDELINE FOR THE PROVISION11
OF MEDICAL TREATMENT; OR12
(III) G
ROSS MISMANAGEMENT , GROSS WASTE OF FUNDS, AN ABUSE13
OF AUTHORITY, A PRACTICE OR METHOD OF TREATMENT THAT MAY PUT14
PATIENT HEALTH AT RISK, OR A SUBSTANTIAL AND SPECIFIC DANGER TO15
PUBLIC HEALTH OR SAFETY.16
(b) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, THE17
WHISTLEBLOWER PROTECTION DESCRIBED IN SUBSECTION (2)(a) OF THIS18
SECTION DOES NOT APPLY IF THE DISCLOSURE CONCERNS THE LAWFUL19
EXERCISE OF DISCRETIONARY DECISION-MAKING AUTHORITY, UNLESS THE20
HEALTH-CARE PROVIDER REASONABLY BELIEVES THAT THE DISCLOSURE21
DEMONSTRATES A VIOLATION OR MISCONDUCT LISTED IN SUBSECTIONS22
(2)(a)(I)
TO (2)(a)(III) OF THIS SECTION.23
25-60-106. Free speech protections. (1) Free speech protected24
from state violation. A
STATE SUBDIVISION, AGENCY, DEPARTMENT, OR25
BOARD CREATED IN ARTICLES 200 TO 310 OF TITLE 12 THAT REGULATES26
THE PRACTICE OF MEDICAL TREATMENT SHALL NOT REPRIMAND OR27
HB25-1255
-9- SANCTION, DENY OR REVOKE, OR THREATEN TO DENY OR REVOKE THE1
LICENSE, CERTIFICATION, OR REGISTRATION OF , OR OTHERWISE2
DISCRIMINATE AGAINST, A HEALTH-CARE PROVIDER FOR ENGAGING IN3
SPEECH, EXPRESSION, OR ASSOCIATION THAT IS PROTECTED FROM4
GOVERNMENT INTERFERENCE BY THE FIRST AMENDMENT TO THE UNITED5
S
TATES CONSTITUTION OR SECTION 10 OF ARTICLE II OF THE STATE6
CONSTITUTION, UNLESS THE SUBDIVISION, AGENCY, DEPARTMENT, OR7
BOARD DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT THE8
HEALTH-CARE PROVIDER'S SPEECH, EXPRESSION, OR ASSOCIATION WAS THE9
DIRECT CAUSE OF PHYSICAL HARM TO AN INDIVIDUAL WITH WHOM THE10
HEALTH-CARE PROVIDER HAD A PRACTITIONER -PATIENT RELATIONSHIP11
WITHIN THE THREE YEARS IMMEDIATELY PRECEDING THE INCIDENT OF12
PHYSICAL HARM.13
(2) State protection from specialty board free speech14
violations. A
STATE SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD15
SHALL NOT CONTRACT WITH , RECOGNIZE, APPROVE, OR REQUIRE AN16
INDIVIDUAL TO OBTAIN CERTIFICATIONS OR CREDENTIALS ISSUED OR17
APPROVED BY A SPECIALTY BOARD OR OTHER RECOGNIZING AGENCY THAT18
REVOKES THE CERTIFICATION OF OR REFUSES TO ISSUE CERTIFICATION TO19
AN INDIVIDUAL BECAUSE THE INDIVIDUAL HAS ENGAGED IN FREE SPEECH ,20
EXPRESSION, OR ASSOCIATION THAT IS PROTECTED FROM GOVERNMENT21
INTERFERENCE BY THE FIRST AMENDMENT TO THE UNITED STATES22
CONSTITUTION OR SECTION 10 OF ARTICLE II OF THE STATE CONSTITUTION,23
WHERE THE INDIVIDUAL'S ENGAGEMENT IN FREE SPEECH WAS NOT IN THE24
CONTEXT OF PROVIDING MEDICAL ADVICE OR TREATMENT TO A SPECIFIC25
PATIENT.26
(3) Notice of speech-based complaints. (a) A
STATE27
HB25-1255
-10- SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD THAT REGULATES THE1
PROVISION OF MEDICAL TREATMENTS , PROCEDURES, OR SERVICES, OR A2
SPECIALITY DEPARTMENT OR BOARD APPROVED OR RECOGNIZED BY ANY3
STATE SUBDIVISION, SHALL GIVE TO A HEALTH-CARE PROVIDER, WITHIN4
TWENTY-ONE DAYS AFTER RECEIPT , ANY COMPLAINTS RECEIVED5
CONCERNING THE HEALTH-CARE PROVIDER THAT:6
(I) A
RE BASED ON SPEECH, EXPRESSION, OR ASSOCIATION THAT IS7
PROTECTED FROM GOVERNMENT INTERFERENCE BY THE FIRST AMENDMENT8
TO THE UNITED STATES CONSTITUTION OR SECTION 10 OF ARTICLE II OF9
THE STATE CONSTITUTION; AND10
(II) M
AY RESULT IN THE REVOCATION OF A LICENSE ,11
CERTIFICATION, OR REGISTRATION.12
(b) T
HE STATE SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD,13
OR SPECIALITY DEPARTMENT OR BOARD , SHALL PAY TO THE HEALTH-CARE14
PROVIDER AN ADMINISTRATIVE PENALTY OF FIVE HUNDRED DOLLARS FOR15
EACH DAY IN WHICH A COMPLAINT IS NOT GIVEN TO THE HEALTH -CARE16
PROVIDER AFTER THE TWENTY -ONE-DAY DEADLINE SET FORTH IN17
SUBSECTION (3)(a) OF THIS SECTION.18
25-60-107. Civil remedies. (1) Civil action for a violation of19
right of conscience. (a) A
NY PARTY AGGRIEVED BY A VIOLATION OF THIS20
ARTICLE 60, UPON LEARNING OF THE VIOLATION, MAY COMMENCE A CIVIL21
ACTION AND, UPON THE FINDING OF A VIOLATION, IS ENTITLED TO:22
(I) I
NJUNCTIVE AND DECLARATORY RELIEF ; AND23
(II) M
ONETARY DAMAGES , ALONG WITH COSTS TO BRING THE24
ACTION AND REASONABLE ATTORNEY FEES .25
(b) D
AMAGES SOUGHT OR AWARDED PURSUANT TO SUBSECTION26
(1)(a)(II)
OF THIS SECTION ARE CUMULATIVE AND NOT LIMITED BY ANY27
HB25-1255
-11- OTHER REMEDIES AVAILABLE UNDER ANOTHER FEDERAL , STATE, OR1
MUNICIPAL LAW.2
(2) A
DDITIONAL BURDEN OR EXPENSE ON ANOTHER HEALTH -CARE3
PROVIDER ARISING FROM THE EXERCISE OF THE RIGHT OF CONSCIENCE4
PROTECTED UNDER THIS ARTICLE 60 IS NOT A DEFENSE TO A VIOLATION OF5
THIS ARTICLE 60.6
(3) A
CIVIL ACTION SHALL NOT BE BROUGHT AGAINST AN7
INDIVIDUAL WHO DECLINES TO USE OR PURCHASE A MEDICAL PROCEDURE ,8
TREATMENT, OR SERVICE FROM A SPECIFIC HEALTH-CARE PROVIDER BASED9
ON THE HEALTH -CARE PROVIDER EXERCISING THE HEALTH -CARE10
PROVIDER'S RIGHT OF CONSCIENCE GRANTED UNDER THIS ARTICLE 60.11
25-60-108. Severability. I
F ANY PROVISION OF THIS ARTICLE 60 OR12
THE APPLICATION OF THIS ARTICLE 60 TO ANY PERSON OR CIRCUMSTANCE13
IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR14
APPLICATIONS OF THIS ARTICLE 60 THAT CAN BE GIVEN EFFECT WITHOUT15
THE INVALID PROVISION OR APPLICATION , AND TO THIS END THE16
PROVISIONS OF THIS ARTICLE 60 ARE DECLARED TO BE SEVERABLE.17
SECTION 2. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2026 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
HB25-1255
-12- (2) This act applies to conduct occurring on or after the applicable1
effective date of this act.2
HB25-1255
-13-