Texas Senate Bill SB34

Texas 2021 - 87th 2nd C.S.

Caption

Relating to protection of individuals from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.

Impact

This bill introduces significant amendments to the Health and Safety Code, particularly surrounding the rights of health care providers and the relationship between these providers and the health care facilities they work in. By formalizing the right of providers to refuse services that contravene their consciences, the bill could shape how health care is delivered in Texas, allowing individual providers more autonomy in their professional practices. Additionally, the bill calls for health care facilities to create detailed protocols to ensure patients can still access necessary health care services without undue delay, despite any refusal by providers based on conscience.

Summary

Senate Bill 34, titled the Texas Health Care Conscience Protection Act, aims to secure the rights of health care providers who decline to participate in specific medical services due to their moral or ethical convictions. The legislation emphasizes the protection of the conscience of all health care providers, asserting that individuals should not be compelled to participate in services that they find morally unacceptable. The bill outlines protective measures that prevent health care providers from facing adverse actions when they exercise their right to decline participation based on conscience, and it establishes protocols for health care facilities that must be adhered to in such cases.

Contention

Critics may argue that the implementation of SB 34 could result in potential barriers to patient access to care, particularly in emergency situations. The bill specifically prohibits health care providers from declining participation in life-sustaining treatment or emergency care, but concerns have been raised about how effectively this balance will be maintained in practice. There could be scrutiny about the bill's provisions related to disciplinary actions against violating providers, as well as the requirement for health care facilities to navigate complex moral dilemmas while ensuring patient care isn't compromised. The broader implications of codifying such conscience protections may also ignite discussions around health care equality and access.