Texas House Bill HB2878

Texas 2017 - 85th Regular

Caption

Relating to the right of conscientious refusal of a health care service.

Impact

The passage of HB 2878 significantly impacts legal interpretations of conscience within health care services in Texas. By amending the Health and Safety Code, the bill stipulates protections against civil and criminal liability for health care providers who refuse to provide services that they deem to be morally objectionable. It also bans discriminatory practices related to hiring, employment, and the provision of benefits based on an individual's conscience-related refusals. These provisions can lead to potential conflicts in health care settings, especially where patient needs and provider beliefs may not align.

Summary

House Bill 2878, known as the Texas Health Care Right of Conscience Act, aims to protect the rights of individuals and health care providers who refuse to participate in certain health care services based on their moral or religious beliefs. The bill asserts the public policy of Texas in respecting individuals' rights to decline medical services that conflict with their conscience and ensures that those who do so are not subject to discrimination, coercion, or liability. The legislation also mandates timely access to information and medically appropriate care for patients impacted by such refusals, affirming that patients' health must not be jeopardized by a provider's conscientious refusal.

Contention

This legislation has provoked considerable debate among stakeholders in the health care community. Supporters argue that HB 2878 is essential for safeguarding personal beliefs and ensuring that health care providers are not forced to compromise their values, which they believe can lead to better adherence to their ethical standards. However, critics contend that such legislation may undermine patient access to care, particularly for services such as reproductive health and end-of-life care. Opponents express concern that allowing broad exemptions for conscientious refusal could impede timely medical interventions and potentially leave vulnerable patients without necessary care.