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SENATE BILL 347
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gabriel Ramos and David M. Gallegos and Larry R. Scott
and Anthony L. Thornton and Nicholas A. Paul
AN ACT
RELATING TO HEALTH CARE; ENACTING THE HEALTH CARE WORKERS
CONSCIENCE PROTECTION ACT; PROVIDING PROTECTIONS FOR HEALTH
CARE WORKERS WHO DECLINE TO PARTICIPATE IN ABORTION OR
ABORTION-RELATED SERVICES; PROVIDING NOTICE REQUIREMENTS;
DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Health Care Workers Conscience Protection Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Health Care Workers Conscience Protection Act:
A. "abortion" means the intentional termination of
a person's pregnancy by a person who knows the person is
pregnant, including the provision of information about
abortion, provision of a referral to another health care worker
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that provides abortion, prescription of abortifacient drugs or
performance of an abortion;
B. "conscience-based" means based on an ethical,
philosophical, moral or religious belief or principle;
C. "health care institution" means an organization,
a corporation, a partnership, an association, an agency, a
network, a sole proprietorship, a joint venture or other entity
that provides an abortion or abortion-related service,
including a: public or private hospital; health clinic;
medical center; physician organization; professional
association; ambulatory surgical center; private physician's
office; pharmacy; nursing home; medical or nursing school;
medical training facility; or other entity that provides an
abortion or abortion-related service;
D. "health care payer" means an employer, a health
plan, a health maintenance organization, an insurance company,
a management services organization or other entity that pays
for or arranges for the payment of any portion of an abortion
or abortion-related service;
E. "health care worker" means a person who is
involved in the delivery of an abortion or abortion-related
service, including a: doctor; nurse practitioner; physician
assistant; nurse; nurse's assistant; allied health
professional; medical assistant; hospital employee; health
clinic employee; nursing home employee; pharmacist; pharmacy
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technician; pharmacy employee; medical school, nursing school,
psychology or counseling faculty member; medical, nursing,
psychology or counseling student; medical researcher; medical
laboratory technician; counselor; social worker; or any other
person who takes part in the provision of an abortion or
abortion-related service; and
F. "participate" means, with respect to delivery of
an abortion or abortion-related service, to:
(1) provide, perform, facilitate, take part in
or assist to any degree with an abortion or abortion-related
service;
(2) provide to a patient a referral for or
counsel or advice with regard to an abortion or abortion-
related service; and
(3) admit a patient to receive an abortion or
abortion-related service.
SECTION 3. [NEW MATERIAL] PROTECTIONS FOR CONSCIENCE-
BASED DECISIONS.--
A. A person shall not be subject to criminal
liability, sanctions related to professional licensure or
professional or employment disciplinary action for refusing,
for a conscience-based reason, to participate in an abortion or
abortion-related service.
B. A health care entity, health care payer, managed
care organization or health care provider shall not impose upon
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a person, for the person's refusal to participate in an
abortion or abortion-related service for a conscience-based
reason, a penalty, censure, discipline or suspension or the
loss or denial of a license, credential, privilege or
membership.
C. A health care worker who objects to or refuses
to, for reasons of conscience, participate in an abortion or
abortion-related service shall not be required to participate
in that abortion or abortion-related service. If a person that
seeks an abortion or abortion-related service changes health
care workers, the health care worker who objected or refused to
participate shall transfer, upon request, a copy of the
person's medical records to the new health care worker.
D. A health care worker's refusal to participate in
an abortion or abortion-related service for a conscience-based
reason shall not be the basis for a report of the worker's
unprofessional conduct, disciplinary investigation or
discipline.
E. Adverse action shall not be taken in any form
against a health care worker, health care institution or health
care payer because of the health care worker's, health care
institution's or health care payer's decision to decline to
participate in or pay for an abortion or abortion-related
service for a conscience-based reason.
F. Determination that a health care institution
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took an action for a conscience-based reason may be supported
by reference to that entity or body's governing documents;
published religious, moral, ethical or philosophical guidelines
or directives; mission statement; constitution; articles of
incorporation; bylaws; policies; and regulations.
SECTION 4. [NEW MATERIAL] NOTICE AND POSTING
REQUIREMENT.--
A. Within thirty days of the effective date of the
Health Care Workers Conscience Protection Act, and at any time
upon request thereafter, a health care institution shall
provide all health care workers currently affiliated with the
institution a copy of that act.
B. Within fourteen business days of hiring a health
care worker, a health care institution shall provide the health
care worker with a copy of the Health Care Workers Conscience
Protection Act.
C. Every health care institution shall
conspicuously post on the institution's premises a sign that
summarizes the provisions of the Health Care Workers Conscience
Protection Act.
SECTION 5. SEVERABILITY.--If any part or application of
the Health Care Workers Conscience Protection Act is held
invalid, the remainder or its application to other situations
or persons shall not be affected.
SECTION 6. EMERGENCY.--It is necessary for the public
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peace, health and safety that this act take effect immediately.
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