| 42 | | - | |
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| 43 | | - | |
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| 44 | | - | An Act relating to health care; defining terms; |
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| 45 | | - | granting certain protections to health care |
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| 46 | | - | institutions and health care payors; requiring |
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| 47 | | - | certain disclosure; providing certain immunity from |
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| 48 | | - | civil actions; providing certain construction; |
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| 49 | | - | providing exception; conferring certain rights on |
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| 50 | | - | medical practitioners, health care institutions, and |
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| 51 | | - | health care payors; authorizing certain requirement |
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| 52 | | - | by health care institution; prohibiting certain |
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| 53 | | - | discrimination against medical practitioner s and |
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| 54 | | - | health care institutions; granting certain immunities |
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| 55 | | - | to medical practitioners and health care |
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| 56 | | - | institutions; granting additional protections; |
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| 57 | | - | prohibiting certain disciplinary actions by |
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| 58 | | - | professional licensing board or state agency; |
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| 59 | | - | requiring certain provision of complaint; providing |
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| 60 | | - | remedy for failure to notify; making certain |
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| 61 | | - | interference unlawful; providing remedies for |
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| 62 | | - | unlawful interference; directing promulgation of |
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| 63 | | - | certain rules; providing certain construction; |
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| 49 | + | An Act relating to freedom of conscience; creating |
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| 50 | + | the Medical Ethics Defense Act; prov iding short |
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| 51 | + | title; defining terms; granting certain rights to |
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| 52 | + | certain medical practitioner s, health care |
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| 53 | + | institutions, or health care payers; limiting |
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| 54 | + | exercise of certain rights; granting certain |
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| 55 | + | immunities; prohibiting certain discrimination; |
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| 56 | + | requiring opt-in for abortion; providing certain |
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| 57 | + | construction; prohibiting and requiring certain |
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| 58 | + | actions by licensing board under certain c onditions; |
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| 59 | + | authorizing and prohibiting certain civil action s; |
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| 60 | + | prohibiting certain defense; providing for recovery |
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| 61 | + | of damages and other relief; providing severability; |
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| 100 | | - | As used in this act, unless the context requires otherwise: |
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| 101 | | - | 1. “Conscience” means the ethical, moral, or religious beliefs |
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| 102 | | - | or principles held by a me dical practitioner, health care |
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| 103 | | - | institution, or health care payor. With respect to institut ional or |
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| 104 | | - | corporate persons, as oppos ed to individual persons, the term is |
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| 105 | | - | determined by reference to that en tity’s or body’s governing |
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| 106 | | - | documents, including but not limited to published ethical, moral, or |
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| 107 | | - | religious guidelines or directives, mission statements, |
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| 108 | | - | constitutions, articles of incor poration, bylaws, policies, or |
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| 109 | | - | regulations; |
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| 110 | | - | 2. a. “Discrimination” means an adverse action taken |
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| 111 | | - | against, or a threat of adverse acti on communicated |
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| 112 | | - | to, a medical practitioner, health care ins titution, |
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| 113 | | - | or health care payor as a result of the medical |
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| 114 | | - | practitioner, health care institution, or health care |
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| 115 | | - | payor’s refusal to participate in a health care |
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| 116 | | - | service on the basis of conscience, including but not |
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| 117 | | - | limited to termination of employment ; transfer from |
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| 118 | | - | current position; demotion from current position ; |
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| 119 | | - | adverse administrative action; reassignment to a |
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| 120 | | - | different shift or job titl e; increased administrative |
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| 103 | + | 1. "Conscience" means the ethical, moral, or religious belie fs |
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| 104 | + | or principles held by any medical practitioner, healthcare |
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| 105 | + | institution, or healthcare payer. Conscience with respect to |
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| 106 | + | institutional entities or corporate bodies, as opposed to individual |
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| 107 | + | persons, is determined by reference to that entity or body 's |
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| 108 | + | governing documents, including but not limited to any published |
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| 109 | + | ethical, moral, or religious guidelines or dire ctives; mission |
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| 110 | + | statements; constitutions; articles of incorporation; bylaws; |
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| 111 | + | policies; or regulations; |
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| 112 | + | 2. "Disclosure" means a formal or informal communication or |
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| 113 | + | transmission, but does not include a communicat ion or transmission |
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| 114 | + | concerning policy decisi ons that lawfully exercise discretionary |
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| 115 | + | authority unless the medical practitioner provid ing the disclosure |
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| 116 | + | or transmission reasonably believes tha t the disclosure or |
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| 117 | + | transmission evinces: |
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| 118 | + | a. any violation of any law, rule, or regulation , |
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| 119 | + | b. any violation of any ethical guidelines for the |
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| 120 | + | provision of any medical procedure or service , or |
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| 147 | | - | duties; denial of staff privilege s; denial of board |
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| 148 | | - | certification; loss of career specialty ; reduction of |
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| 149 | | - | wages, benefits, or privileges; refusal to award a |
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| 150 | | - | grant, contract, or other program; refusal to provide |
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| 151 | | - | residency training opportunities; denial, deprivation, |
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| 152 | | - | or disqualification of licensure ; withholding or |
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| 153 | | - | disqualifying from financial aid and other assistance ; |
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| 154 | | - | impediment of the creation or improvement of a health |
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| 155 | | - | care institution or health care payor; impediment of |
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| 156 | | - | the acquisition or merger of a health care institution |
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| 157 | | - | or health care payor; the threat of any of the |
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| 158 | | - | preceding actions; or any other penalty, disciplinar y, |
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| 159 | | - | or retaliatory action, whether exe cuted or threatened. |
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| 160 | | - | b. The term does not include the negotiation or purchase |
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| 161 | | - | of insurance by a nongovernment entity; |
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| 162 | | - | 3. “Health care institution ” means a public or private |
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| 163 | | - | hospital, outpatient center for primary care, medical center, |
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| 164 | | - | physician organizati on, professional association, outpatient center |
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| 165 | | - | for surgical services, p rivate physician’s office, pharmacy, long- |
|---|
| 166 | | - | term care facility, medical school, nursing school, medical training |
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| 167 | | - | facility, or any other entity or loc ation in which health care |
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| 168 | | - | services are performed. The term includes but is not limited to |
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| 169 | | - | organizations, corporations, partnerships, associations, agencies, |
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| 170 | | - | networks, sole proprietorships, or joint ventures ; |
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| 148 | + | c. gross mismanagement, a gross waste of funds, an abuse |
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| 149 | + | of authority, practices or methods of treatment that |
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| 150 | + | may put patient health at risk, or a substantial and |
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| 151 | + | specific danger to public health or safety ; |
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| 152 | + | 3. "Discrimination" means any adverse action taken ag ainst, or |
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| 153 | + | any threat of adverse action communicated to, an y medical |
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| 154 | + | practitioner, healthcare institution, or healthcare pay er as a |
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| 155 | + | result of his, her, or its decision to decline to participate in a |
|---|
| 156 | + | medical procedure or service on the basis of conscience. |
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| 157 | + | Discrimination includes, but is not limited to, terminatio n of |
|---|
| 158 | + | employment; transfer fro m current position; demotion from cu rrent |
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| 159 | + | position; adverse administrative actio n; reassignment to a different |
|---|
| 160 | + | shift or job title; increased administrative duties; refusa l of |
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| 161 | + | staff privileges; refusal of board certification; lo ss of career |
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| 162 | + | specialty; reduction of wages, benefits, or privileg es; refusal to |
|---|
| 163 | + | award a grant, contract, or o ther program; refusal to provide |
|---|
| 164 | + | residency training opportunities; denial, deprivation, or |
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| 165 | + | disqualification of licensure; withholding or disqualify ing from |
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| 166 | + | financial aid and ot her assistance; impediments to creat ing any |
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| 167 | + | healthcare institution or payer or e xpanding or improving such |
|---|
| 168 | + | healthcare institution or payer; impediments to acquiring, |
|---|
| 169 | + | associating with, or merging with any other healthcare instit ution |
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| 170 | + | or payer; the threat th ereof with regard to any of the prec eding; or |
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| 171 | + | any other penalty, disciplinary, o r retaliatory action, whether |
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| 197 | | - | 4. “Health care payor” means an employer, health plan, health |
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| 199 | + | executed or threatened. However, discrimination excludes th e |
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| 200 | + | negotiation or purchase of insurance by a non -government entity; |
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| 201 | + | 4. "Medical procedure or service" means medical care p rovided |
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| 202 | + | to any patient at any time over the entire course of treatment, or |
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| 203 | + | medical research. This includes, but is not limited to, te sting; |
|---|
| 204 | + | diagnosis; referral; dispensing and/or administeri ng any drug, |
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| 205 | + | medication, or device; psychological therapy or coun seling; |
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| 206 | + | research; prognosis; therapy; record making procedures; notes |
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| 207 | + | related to treatment; set up or performance of a surgery or |
|---|
| 208 | + | procedure; or any other care or service performed or provided by any |
|---|
| 209 | + | medical practitioner including, but not limited to, physi cians, |
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| 210 | + | nurses, allied health professionals, paraprofessionals, contractors, |
|---|
| 211 | + | or employees of healthcare institutions ; |
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| 212 | + | 5. "Healthcare institution" means any organization, |
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| 213 | + | corporation, partners hip, association, agency, ne twork, sole |
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| 214 | + | proprietorship, joint ven ture, or other entity that provides medical |
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| 215 | + | procedures or services. The term includes, but is not limited to, |
|---|
| 216 | + | any public or private h ospital, clinic, medical center, physician |
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| 217 | + | organization, professional association, am bulatory surgical center, |
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| 218 | + | private physician's office, pharmacy, nursing home, med ical school, |
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| 219 | + | nursing school, medical training facility, or any other entity or |
|---|
| 220 | + | location in which medical procedures or services are performed ; |
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| 221 | + | 6. "Healthcare payer" means any employer, health plan, health |
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| 199 | | - | organization, or another en tity that pays for or arranges for |
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| 200 | | - | payment for a health care service, in whole or i n part; |
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| 201 | | - | 5. “Health care service” means medical research or medi cal care |
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| 202 | | - | provided to a patient or client at any time during the patient’s or |
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| 203 | | - | client’s course of treatment, in cluding but not limited to initial |
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| 204 | | - | examination; testing; diagnosis; referral; dispensing or |
|---|
| 205 | | - | administration of a drug, medication, or device ; psychological |
|---|
| 206 | | - | therapy or counseling ; research; prognosis; therapy; record-making |
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| 207 | | - | procedures; notes related to treatment, set up, or performance of a |
|---|
| 208 | | - | surgery or procedure; or any other care or servic e performed or |
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| 209 | | - | provided by a medical practitioner; |
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| 210 | | - | 6. “Medical practitioner ” means a person who is or may be asked |
|---|
| 211 | | - | to participate in a health care service. The term includes but is |
|---|
| 212 | | - | not limited to physicians; physician assistants ; nurses including |
|---|
| 213 | | - | but not limited to Advanced Practice Registered Nurses; nurse aides; |
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| 214 | | - | allied health professionals ; medical assistants; hospital employees; |
|---|
| 215 | | - | employees of an outpatient center for primary care, outpatient |
|---|
| 216 | | - | center for surgical services, or long -term care facility; |
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| 217 | | - | pharmacists; pharmacy technicians; pharmacy employees; medical |
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| 218 | | - | school faculty and students; nursing school faculty and students; |
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| 219 | | - | psychology and counseling faculty and students ; medical researchers; |
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| 246 | | - | laboratory technicians; counselors; social workers; or any other |
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| 247 | | - | person who facilitates or participates in a he alth care service; |
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| 248 | | - | 7. “Participate in a health care service” means to provide, |
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| 249 | | - | perform, assist with, facilitate, refer for, counsel for, advise |
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| 250 | | - | with regard to, admit for the purposes of providing, or take p art in |
|---|
| 251 | | - | any way in providing a health care service ; and |
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| 252 | | - | 8. “Person” means one or more individuals, partnerships, |
|---|
| 253 | | - | associations, or corporations. |
|---|
| 254 | | - | SECTION 2. NEW LAW A new section of law to be codified |
|---|
| 255 | | - | in the Oklahoma Statutes as Section 1-728h of Title 63, unless there |
|---|
| 256 | | - | is created a duplication i n numbering, reads as follows: |
|---|
| 257 | | - | A. 1. A health care institution or health care payor may not |
|---|
| 258 | | - | be required to participate in or pay for a health care service that |
|---|
| 259 | | - | violates the health care institu tion’s or health care payor’s |
|---|
| 260 | | - | conscience, including by permitting the use of its facil ities. |
|---|
| 261 | | - | 2. A health care payor, other than an employer or other entity |
|---|
| 262 | | - | whose health plan is not subject to the jurisdiction of the |
|---|
| 263 | | - | Insurance Commissioner, shall list any health care service that it |
|---|
| 264 | | - | may refuse to pay for on the basis of conscience in the applicable |
|---|
| 265 | | - | policy. |
|---|
| 266 | | - | B. Except as provided in subsection D of this section, refusal |
|---|
| 267 | | - | to participate in or pay for a health care service under this |
|---|
| 268 | | - | section may not give rise to liability o f the health care |
|---|
| 269 | | - | institution or health care payor for damages allegedly arising from |
|---|
| 250 | + | organization, or any other entity that pays for , or arranges for the |
|---|
| 251 | + | payment of, any medical procedure or service provided to any |
|---|
| 252 | + | patient, whether that payment is made in whole or in part ; |
|---|
| 253 | + | 7. "Medical practitioner" means any person or indiv idual who |
|---|
| 254 | + | may be or is asked to participate in any way in any medical |
|---|
| 255 | + | procedure or service. This includes, but is not limited to, |
|---|
| 256 | + | doctors, nurse practitioners, physician 's assistants, nurses, |
|---|
| 257 | + | nurses' aides, allied health professionals, medical assistants, |
|---|
| 258 | + | hospital employees, clinic employees, nursing home employees, |
|---|
| 259 | + | pharmacists, pharmacy technician s and employees, medical school |
|---|
| 260 | + | faculty and students , nursing school faculty and s tudents, |
|---|
| 261 | + | psychology and counseling faculty and students, medical researchers, |
|---|
| 262 | + | laboratory technicians, psychologists, psychiatrists, counselors, |
|---|
| 263 | + | mental health professionals, s ocial workers, or any other person who |
|---|
| 264 | + | facilitates or participates in the provisio n of a medical procedure |
|---|
| 265 | + | or service; |
|---|
| 266 | + | 8. "Participate" in a medical procedure o r service means to |
|---|
| 267 | + | provide, perform, assist with, facilitate, refer for, counsel for, |
|---|
| 268 | + | advise with regard to, admit for the purposes of providing, o r take |
|---|
| 269 | + | part in any way in prov iding any medical procedure or serv ice, or |
|---|
| 270 | + | any form of such service ; and |
|---|
| 271 | + | 9. "Pay" or "payment" means to pay for, contract for, arrange |
|---|
| 272 | + | for the payment of (whether in whole or in part), reimburse, or |
|---|
| 273 | + | remunerate. |
|---|
| 296 | | - | the refusal or be the basis for any discriminat ion, discipline, or |
|---|
| 297 | | - | other recriminatory action against the health care institution, |
|---|
| 298 | | - | health care payor, or any personnel, agent, or governing board. |
|---|
| 299 | | - | C. Nothing in this section may be construed to relieve a healt h |
|---|
| 300 | | - | care institution of the requirement to provide emergency medical |
|---|
| 301 | | - | treatment to all patients set forth in the federal Emergency Medical |
|---|
| 302 | | - | Treatment and Labor Act, 42 U.S.C., Section 1395dd. |
|---|
| 303 | | - | D. The immunity provisions of this section do not apply to a |
|---|
| 304 | | - | health care institution or health care payor owned or operated by |
|---|
| 305 | | - | this state or a political subdivision of the state. |
|---|
| 306 | | - | E. Notwithstanding any other provision of this act to the |
|---|
| 307 | | - | contrary, a religious medical practitioner, health care institution, |
|---|
| 308 | | - | or health care payor that holds itself out to the public as |
|---|
| 309 | | - | religious, states in its gov erning documents that it has a religious |
|---|
| 310 | | - | purpose or mission, and has internal o perating policies or |
|---|
| 311 | | - | procedures that implement its religious beliefs, shall have the |
|---|
| 312 | | - | right to make employ ment, staffing, contracting, and admitting |
|---|
| 313 | | - | privilege decisions c onsistent with its religious beliefs. |
|---|
| 317 | | - | A. A medical practitioner has the right not to participate in a |
|---|
| 318 | | - | health care service that violates t he medical practitioner ’s |
|---|
| 319 | | - | conscience. A health care institution may not be held liable for |
|---|
| 304 | + | A. A medical practitioner, healthcare institution, or |
|---|
| 305 | + | healthcare payer has the right not to participate in or pa y for any |
|---|
| 306 | + | medical procedure or service which violat es his, her, or its |
|---|
| 307 | + | conscience. |
|---|
| 308 | + | B. The exercise of the right of conscience is limited to |
|---|
| 309 | + | conscience-based objections to a particular medical procedure o r |
|---|
| 310 | + | service. This section may not be co nstrued to waive or modify any |
|---|
| 311 | + | duty a health care practitioner, health care institution, or health |
|---|
| 312 | + | care payer may have to provide other medical procedures or services |
|---|
| 313 | + | that do not violate the practitioner 's, institution's, or payer's |
|---|
| 314 | + | conscience. |
|---|
| 315 | + | C. No medical practitioner, health care institution, or health |
|---|
| 316 | + | care payer shall be ci villy, criminally, or administratively liable |
|---|
| 317 | + | for exercising his, her, or it s right of conscienc e not to |
|---|
| 318 | + | participate in or pay for a medical proced ure or service. No health |
|---|
| 319 | + | care institution shall be civilly, criminally, or administratively |
|---|
| 320 | + | liable for the exercise of conscience rights not to participate in a |
|---|
| 321 | + | medical procedure or ser vice by a medical practitioner employed, |
|---|
| 322 | + | contracted, or granted admit ting privileges by the health care |
|---|
| 323 | + | institution. |
|---|
| 346 | | - | the exercise of conscience not to participate in a health care |
|---|
| 347 | | - | service by a medical practitioner employed, contracted, or granted |
|---|
| 348 | | - | admitting privileges by the health care institution. |
|---|
| 349 | | - | B. A health care institution may require the exercise of |
|---|
| 350 | | - | conscience as a basis for no t participating in a health care service |
|---|
| 351 | | - | to be made in writing and signe d by the medical practitioner |
|---|
| 352 | | - | objecting. A writing made under this subsection may refer only |
|---|
| 353 | | - | generally to the grounds of conscience. |
|---|
| 354 | | - | C. A medical practitioner ’s refusal to particip ate in a health |
|---|
| 355 | | - | care service based on an exercise of conscience may not be a basis |
|---|
| 356 | | - | for discrimination, discipline, or other recrimina tory action |
|---|
| 357 | | - | against the medical practitioner. |
|---|
| 358 | | - | D. A medical practitioner may not be held liable for damages |
|---|
| 359 | | - | allegedly arising from the exercise of conscience not to participate |
|---|
| 360 | | - | in a health care service. |
|---|
| 361 | | - | SECTION 4. NEW LAW A new section of law to be codified |
|---|
| 362 | | - | in the Oklahoma Statutes as Section 1-728j of Title 63, unless there |
|---|
| 363 | | - | is created a duplication in numbering, reads as follows: |
|---|
| 364 | | - | The exercise of conscience not to p articipate in a health care |
|---|
| 365 | | - | service by a medical practitioner, health care institution, or |
|---|
| 366 | | - | health care payor may not be grounds for loss of any privileges or |
|---|
| 367 | | - | immunities or for the loss of any public benefits. |
|---|
| 351 | + | D. No medical practitioner, health care institution, or heal th |
|---|
| 352 | + | care payer shall be discriminated against in any manner as a result |
|---|
| 353 | + | of his, her, or its decis ion to decline to participate in or pay for |
|---|
| 354 | + | a medical procedure or service on the basis of conscien ce. |
|---|
| 355 | + | E. Notwithstanding any other provision of this act to the |
|---|
| 356 | + | contrary, a religious medical practitioner, health care institution, |
|---|
| 357 | + | or health care payer that holds itself out to the public as |
|---|
| 358 | + | religious, states in its governing documents that it h as a religious |
|---|
| 359 | + | purpose or mission, and has internal operating policies or |
|---|
| 360 | + | procedures that implement its religious beliefs, sh all have the |
|---|
| 361 | + | right to make employment, sta ffing, contracting, and admitting |
|---|
| 362 | + | privilege decisions consistent with its religious belie fs. |
|---|
| 363 | + | F. A health care practitioner may not be scheduled for, |
|---|
| 364 | + | assigned, or requested to directly or indirect ly perform, |
|---|
| 365 | + | facilitate, refer for, or part icipate in an abortion unless the |
|---|
| 366 | + | practitioner first affirmatively co nsents in writing to perform, |
|---|
| 367 | + | facilitate, refer for, or participa te in the abortion. This |
|---|
| 368 | + | subsection does not establish a right to participate in an abo rtion |
|---|
| 369 | + | otherwise prohibited by law. |
|---|
| 370 | + | G. Nothing herein shall be construed to override the |
|---|
| 371 | + | requirement to provide emergency medical treatment to a ll patients |
|---|
| 372 | + | set forth in 42 U.S.C. Section 1395dd. Medical emergencies shall be |
|---|
| 373 | + | subject to the definitions and requirements of Section 1 -731.4 of |
|---|
| 374 | + | Title 63 of the Oklahoma Statutes. |
|---|
| 397 | | - | A. A medical practitioner or heal th care institution may not be |
|---|
| 398 | | - | discriminated against because the medical practitioner or health |
|---|
| 399 | | - | care institution: |
|---|
| 400 | | - | 1. Provides, causes to be provided, or intends to provide or |
|---|
| 401 | | - | cause to be provided information relating to a suspected violation |
|---|
| 402 | | - | of this act to the medical practitioner or health care institution ’s |
|---|
| 403 | | - | employer, the Attorney General, the United States Department of |
|---|
| 404 | | - | Health and Human Services, or any state or federal agency charged |
|---|
| 405 | | - | with protecting health care rights of conscience ; or |
|---|
| 406 | | - | 2. Testifies, assists, participates, or intends to testify , |
|---|
| 407 | | - | assist, or participa te in a proceeding concerning a violation of |
|---|
| 408 | | - | this act. |
|---|
| 409 | | - | B. Except as provided in subsection C of this section, it is |
|---|
| 410 | | - | unlawful to discriminate against a medical practitioner because the |
|---|
| 411 | | - | medical practitioner discloses information that the medical |
|---|
| 412 | | - | practitioner reasonably believes evidences: |
|---|
| 413 | | - | 1. A violation of any law, rule, or regulation; |
|---|
| 414 | | - | 2. A violation of any standard of care or ethical guideli nes |
|---|
| 415 | | - | for the provision of any health care service; or |
|---|
| 416 | | - | 3. Gross mismanagement, a gross waste of funds, an abuse of |
|---|
| 417 | | - | authority, practices or methods of treatment that may put patient |
|---|
| 405 | + | A. No medical practitioner shall be discriminated against in |
|---|
| 406 | + | any manner because the medical practitioner: |
|---|
| 407 | + | 1. Provided, caused to be provided, or is about to provide or |
|---|
| 408 | + | cause to be provided to his or her employer, the Attorney General, |
|---|
| 409 | + | any state agency charged with protecting health care rights of |
|---|
| 410 | + | conscience, the U.S. Departme nt of Health and Human Services, Office |
|---|
| 411 | + | of Civil Rights, or any other federa l agency charged with protecting |
|---|
| 412 | + | health care rights of conscience informati on relating to any |
|---|
| 413 | + | violation of, or any act or omissio n the medical practitioner |
|---|
| 414 | + | reasonably believes to b e a violation of, any provision of this act; |
|---|
| 415 | + | 2. Testified or is about to te stify in a proceeding concerning |
|---|
| 416 | + | such violation; or |
|---|
| 417 | + | 3. Assisted or participated, or is about to assist or |
|---|
| 418 | + | participate, in such a proceeding. |
|---|
| 419 | + | B. Unless the disclosure is specifica lly prohibited by law, no |
|---|
| 420 | + | medical practitioner shall be discriminated agains t in any manner |
|---|
| 421 | + | because the medical practiti oner disclosed any information that the |
|---|
| 422 | + | medical practitioner re asonably believes evin ces: |
|---|
| 423 | + | 1. Any violation of any law, rule, or regulat ion; |
|---|
| 424 | + | 2. Any violation of any ethical guidelines for the provision of |
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| 425 | + | any medical procedure or service; or |
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| 446 | | - | C. Nothing in this section may be construed to exempt a person |
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| 447 | | - | from any applicable state or federal confidentiality and patient |
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| 448 | | - | privacy requirements including but not limited to the federal Health |
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| 449 | | - | Insurance Portability and Accountability Act of 1996, 42 U.S.C., |
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| 450 | | - | Section 1320d et seq. |
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| 451 | | - | SECTION 6. NEW LAW A new section of law to be codified |
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| 452 | | - | in the Oklahoma Statutes as Section 1-728l of Title 63, unless there |
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| 457 | + | C. A licensing board may not reprimand, sanction, or revoke or |
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| 458 | + | threaten to revoke a license , certificate, or registration o f a |
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| 459 | + | health care practitioner for engaging in speech or expressive |
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| 460 | + | activity protected under the First Amendment to the United States |
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| 461 | + | Constitution, unless the licensing board demonstrates beyond a |
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| 462 | + | reasonable doubt that the practitioner 's speech was the direct cause |
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| 463 | + | of physical harm to a person with whom the health care practitioner |
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| 464 | + | had a practitioner-patient relationship within the three (3) years |
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| 465 | + | immediately preceding the in cident of physical har m. |
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| 466 | + | 1. The licensing board must provide a medical practitioner with |
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| 467 | + | any complaints it has rece ived which may result in the revocation of |
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| 468 | + | the medical practitioner's license, certification, or registration, |
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| 469 | + | within seven (7) days after receipt of the complain t. |
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| 470 | + | 2. The licensing board must pay the medical practitioner an |
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| 471 | + | administrative penalty of Five Hundred Dollars ($500.00) for each |
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| 472 | + | day the complaint is not provided to the medical practitioner after |
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| 473 | + | the specified seven (7) days. |
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| 474 | + | SECTION 5. NEW LAW A new section of law to be codified |
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| 475 | + | in the Oklahoma Statutes as Section 1-728k of Title 63, unless there |
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| 454 | | - | A. A professional licensing board or other state agency that |
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| 455 | | - | grants licensure or certification may not reprimand, sanction, or |
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| 456 | | - | revoke or threaten to revoke a license, certificate, or registration |
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| 457 | | - | of a medical practition er who is licensed or certified by the board |
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| 458 | | - | or agency for engaging in speech or expressive activity prot ected |
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| 459 | | - | under the First Amendment to the United States Constitution, unless |
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| 460 | | - | the board or agency demonstrates by clear and convincing ev idence |
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| 461 | | - | that the medical practitioner ’s speech was the direct cau se of |
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| 462 | | - | physical harm to a person with whom the medical pract itioner had a |
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| 463 | | - | practitioner-patient relationship within the two (2) years |
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| 464 | | - | immediately preceding the incident of physical harm. |
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| 465 | | - | B. 1. Within fourteen (14) calendar days of receiving a |
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| 466 | | - | complaint that may result in revocation of a medic al practitioner’s |
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| 493 | | - | license, certificate, or registration, the board or agency shall |
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| 494 | | - | provide the medical practitioner with a copy of the complaint. |
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| 495 | | - | 2. If the board or agency fails to provide the complaint within |
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| 496 | | - | fourteen (14) calendar days of receipt, the board or agency shall |
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| 497 | | - | pay the medical practitioner an administrative penalty of Five |
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| 498 | | - | Hundred Dollars ($500.00) for each week of noncompliance. |
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| 499 | | - | SECTION 7. NEW LAW A new section of law to be codified |
|---|
| 500 | | - | in the Oklahoma Statutes as Section 1-728m of Title 63, unless there |
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| 501 | | - | is created a duplication in numbering, reads as foll ows: |
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| 502 | | - | A. It is unlawful to interfere or attempt to interfere with the |
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| 503 | | - | right not to participate in a health care service or the |
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| 504 | | - | whistleblower and free speech rights and protections authorized b y |
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| 505 | | - | this act, whether by duress, coercion, or any other means. |
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| 506 | | - | B. A medical practitioner, health care institution, or health |
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| 507 | | - | care payor injured by unlawful interference is entitled to: |
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| 508 | | - | 1. Injunctive relief, wh en appropriate, including but not |
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| 509 | | - | limited to reinstatement of a medical practitioner to the medical |
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| 510 | | - | practitioner’s previous position, reinstatement of board |
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| 511 | | - | certification, and reli censure of a health care institution or |
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| 512 | | - | health care payor; |
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| 513 | | - | 2. Monetary damages for injuries suffered; and |
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| 514 | | - | 3. Reasonable costs and attorney fees. |
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| 504 | + | A. A civil action for damages or i njunctive relief, or both, |
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| 505 | + | may be brought by any medical practitioner, health care institution, |
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| 506 | + | or health care payer for any violation of any provision of this act. |
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| 507 | + | Any additional burden or expense on another medical practitioner, |
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| 508 | + | health care institution, or health care payer arising fro m the |
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| 509 | + | exercise of the right of conscience shall not be a defens e to any |
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| 510 | + | violation of this act. However, no civil action may be brought |
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| 511 | + | against an individual who declines to use or purchase medical |
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| 512 | + | procedure or services fro m a specific medical practition er, health |
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| 513 | + | care institution, or health care payer for exercising th e rights |
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| 514 | + | granted in subsection A of Section 3 of this act . |
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| 515 | + | B. Any party aggrieved by any vio lation of this act may |
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| 516 | + | commence a civil action and shall be entit led, upon the finding of a |
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| 517 | + | violation, to recover threefold his, her, or its actual damages |
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| 518 | + | sustained, along with the costs of the action and reasonable |
|---|
| 519 | + | attorney fees. Such damages shall be c umulative and in no way |
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| 520 | + | limited by any other remedies which may b e available under any other |
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| 521 | + | federal, state, or municipal law. A court considering such civil |
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| 522 | + | action may also award injunctive relief, which may include, bu t is |
|---|
| 523 | + | not limited to, reinstatement of a medical practitioner to his or |
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| 524 | + | her previous position, reinstatement of board certification, and re - |
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| 525 | + | licensure of a health care institution or hea lth care payer. |
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| 544 | | - | The Insurance Commissioner shall promulgate reasonable and |
|---|
| 545 | | - | necessary rules concerning the i mplementation of this act relating |
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| 546 | | - | to those insurers under its jurisdiction. |
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| 547 | | - | SECTION 9. NEW LAW A new section of law to be codified |
|---|
| 548 | | - | in the Oklahoma Statutes as Section 1-728o of Title 63, unless there |
|---|
| 549 | | - | is created a duplication in numbe ring, reads as follows: |
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| 550 | | - | This act is supplemental to and may not be construed as |
|---|
| 551 | | - | modifying or limiting the rights and remedies provided in the |
|---|
| 552 | | - | Freedom of Conscience Ac t, Section 1-728a et seq. of Title 63 of the |
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| 553 | | - | Oklahoma Statutes. |
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| 554 | | - | SECTION 10. This act shall become effective November 1, 2024. |
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| 555 | | - | Passed the House of Representatives the 14th day of March, 2024. |
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| 556 | + | Any provision of this act held to be invalid or unenforcea ble by |
|---|
| 557 | + | its terms, or as applied to any person or ci rcumstance, shall be |
|---|
| 558 | + | construed so as to give it the maximum effect permitted by law, |
|---|
| 559 | + | unless such holding shall be one of utter invalidity or |
|---|
| 560 | + | unenforceability, in which event such prov ision shall be deemed |
|---|
| 561 | + | severable here from and shall not affect the remainder hereof or the |
|---|
| 562 | + | application of such provision to other persons not similarly |
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| 563 | + | situated or to other, dissimilar circumstances. |
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| 564 | + | SECTION 7. This act shall become effective November 1, 2024. |
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