Exercise of Religious Beliefs and Conscience Amendments

20
58-1-501
63G-33-301
63G-33-302
63G-33-303
63G-33-304
63G-33-305
76-7-306
4
Exercise of Religious Beliefs and Conscience Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor: Karianne Lisonbee
LONG TITLE
General Description:
This bill addresses the right of a person to refuse to participate in certain activities relating
to a health care service that violates the person's
religious beliefs or conscience.
Highlighted Provisions:
This bill:
defines terms;
provides that a health care provider has a right of religious belief or conscience that
permits the health care provider to refuse to provide or participate in a health care
service that violates the health care provider's religious beliefs or conscience;
protects a person who exercises the person's right of religious belief or conscience from
being held civilly, criminally, or administratively liable for exercising the right;
requires a health care provider who refuses, under the right of religious belief or
conscience, to participate in a health care service, to provide advance notice to the health
care institution where the service is provided;
prohibits discrimination or adverse action against a person in retaliation for the person
exercising the person's right of religious belief or conscience;
provides for certain government entities to investigate and take administrative action
against a person regulated by the government entity who violates the provisions of this
bill relating to the exercise of the right of religious belief or conscience;
permits legal action, under certain circumstances, against a person who violates the
provisions of this bill relating to the exercise of the right of religious belief or
conscience;
permits a health care provider, on the grounds of religious belief or conscience, to refuse
to perform or participate in the disposal of remains from the termination of a pregnancy;
and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-501
, as last amended by Laws of Utah 2025, Chapter 138
76-7-306
, as last amended by Laws of Utah 2023, Chapter 330
ENACTS:
63G-33-301
, Utah Code Annotated 1953
63G-33-302
, Utah Code Annotated 1953
63G-33-303
, Utah Code Annotated 1953
63G-33-304
, Utah Code Annotated 1953
63G-33-305
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-1-501
is amended to read:
58-1-501
. Unlawful and unprofessional conduct.
(1)
"Unlawful conduct" means conduct, by any person, that is defined as unlawful under
this title and includes:
(a)
practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any profession requiring licensure under this title,
except the behavioral health technician under Chapter 60, Part 6, Behavioral Health
Coach and Technician Licensing Act, if the person is:
(i)
not licensed to do so or not exempted from licensure under this title; or
(ii)
restricted from doing so by a suspended, revoked, restricted, temporary,
probationary, or inactive license;
(b)
(i)
impersonating another licensee or practicing a profession under a false or
assumed name, except as permitted by law; or
(ii)
for a licensee who has had a license under this title reinstated following
disciplinary action, practicing the same profession using a different name than the
name used before the disciplinary action, except as permitted by law and after
notice to, and approval by, the division;
(c)
knowingly employing any other person to practice or engage in or attempt to practice
or engage in any profession licensed under this title if the employee is not licensed to
do so under this title;
(d)
knowingly permitting the person's authority to practice or engage in any profession
licensed under this title to be used by another, except as permitted by law;
(e)
obtaining a passing score on a licensure examination, applying for or obtaining a
license, or otherwise dealing with the division or a licensing board through the use of
fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission;
(f)
(i)
issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device to a person located in this state:
(A)
without prescriptive authority conferred by a license issued under this title, or
by an exemption to licensure under this title; or
(B)
with prescriptive authority conferred by an exception issued under this title or
a multistate practice privilege recognized under this title, if the prescription
was issued without first obtaining information, in the usual course of
professional practice, that is sufficient to establish a diagnosis, to identify
underlying conditions, and to identify contraindications to the proposed
treatment; and
(ii)
Subsection
(1)(f)(i)
does not apply to treatment rendered in an emergency, on-call
or cross coverage situation, provided that the person who issues the prescription
has prescriptive authority conferred by a license under this title, or is exempt from
licensure under this title; or
(g)
aiding or abetting any other person to violate any statute, rule, or order regulating a
profession under this title.
(2)
(a)
"Unprofessional conduct" means conduct, by a licensee or applicant, that is
defined as unprofessional conduct under this title or under any rule adopted under
this title and includes:
(i)
violating any statute, rule, or order regulating an a profession under this title;
(ii)
violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to an occupation or profession
regulated under this title;
(iii)
subject to the provisions of Subsection
(4)
, engaging in conduct that results in
conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
held in abeyance pending the successful completion of probation with respect to a
crime that, when considered with the functions and duties of the profession for
which the license was issued or is to be issued, bears a substantial relationship to
the licensee's or applicant's ability to safely or competently practice the profession;
(iv)
engaging in conduct that results in disciplinary action, including reprimand,
censure, diversion, probation, suspension, or revocation, by any other licensing or
regulatory authority having jurisdiction over the licensee or applicant in the same
profession if the conduct would, in this state, constitute grounds for denial of
licensure or disciplinary proceedings under Section
58-1-401
;
(v)
engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or might reasonably be considered
to, impair the ability of the licensee or applicant to safely engage in the profession;
(vi)
practicing or attempting to practice a profession regulated under this title despite
being physically or mentally unfit to do so;
(vii)
practicing or attempting to practice a or profession regulated under this title
through gross incompetence, gross negligence, or a pattern of incompetency or
negligence;
(viii)
practicing or attempting to practice a profession requiring licensure under this
title by any form of action or communication which is false, misleading,
deceptive, or fraudulent;
(ix)
practicing or attempting to practice a profession regulated under this title beyond
the scope of the licensee's competency, abilities, or education;
(x)
practicing or attempting to practice a profession regulated under this title beyond
the scope of the licensee's license;
(xi)
verbally, physically, mentally, or sexually abusing or exploiting any person
through conduct connected with the licensee's practice under this title or otherwise
facilitated by the licensee's license;
(xii)
acting as a supervisor without meeting the qualification requirements for that
position that are defined by statute or rule;
(xiii)
issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device:
(A)
without first obtaining information in the usual course of professional
practice, that is sufficient to establish a diagnosis, to identify conditions, and to
identify contraindications to the proposed treatment; or
(B)
with prescriptive authority conferred by an exception issued under this title, or
a multi-state practice privilege recognized under this title, if the prescription
was issued without first obtaining information, in the usual course of
professional practice, that is sufficient to establish a diagnosis, to identify
underlying conditions, and to identify contraindications to the proposed
treatment;
(xiv)
violating a provision of Section
58-1-501.5
;
(xv)
violating the terms of an order governing a license;
or
(xvi)
violating Section
58-1-511
.
; or
(xvii)
a violation of a provision of Title 63G, Chapter 33, Part 3, Free Exercise of
Religious Beliefs or Conscience, by a health care provider, as defined in Section
63G-33-301
.
(b)
"Unprofessional conduct" does not include:
(i)
a health care provider, as defined in Section
78B-3-403
and who is licensed under
this title, deviating from medical norms or established practices if the conditions
described in Subsection
(5)
are met; and
(ii)
notwithstanding Section
58-1-501.6
, a health care provider advertising that the
health care provider deviates from medical norms or established practices,
including the maladies the health care provider treats, if the health care provider:
(A)
does not guarantee any results regarding any health care service;
(B)
fully discloses on the health care provider's website that the health care
provider deviates from medical norms or established practices with a
conspicuous statement; and
(C)
includes the health care provider's contact information on the website.
(3)
Unless otherwise specified by statute or administrative rule, in a civil or administrative
proceeding commenced by the division under this title, a person subject to any of the
unlawful and unprofessional conduct provisions of this title is strictly liable for each
violation.
(4)
The following are not evidence of engaging in unprofessional conduct under Subsection
(2)(a)(iii)
:
(a)
an arrest not followed by a conviction; or
(b)
a conviction for which an individual's incarceration has ended more than five years
before the date of the division's consideration, unless:
(i)
after the incarceration the individual has engaged in additional conduct that results
in another conviction, a plea of nolo contendere, or a plea of guilty or nolo
contendere that is held in abeyance pending the successful completion of
probation; or
(ii)
the conviction was for:
(A)
a violent felony as defined in Section
76-3-203.5
;
(B)
a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4,
Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act;
(C)
a felony related to criminal fraud or embezzlement, including a felony under
Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft; or
(D)
a crime or a pattern of crimes that demonstrates a substantial potential to harm
Utah patients or consumers, as may be determined by the director in a process
defined by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(5)
In accordance with Subsection
(2)(b)(i)
, a health care provider may deviate from
medical norms or established practices if:
(a)
the health care provider does not deviate outside of the health care provider's scope
of practice and possesses the education, training, and experience to competently and
safely administer the alternative health care service;
(b)
the health care provider does not provide an alternative health care service that is
otherwise contrary to any state or federal law;
(c)
the alternative health care service has reasonable potential to be of benefit to the
patient to whom the alternative health care service is to be given;
(d)
the potential benefit of the alternative health care service outweighs the known
harms or side effects of the alternative health care service;
(e)
the alternative health care service is reasonably justified under the totality of the
circumstances;
(f)
after diagnosis but before providing the alternative health care service:
(i)
the health care provider educates the patient on the health care services that are
within the medical norms and established practices;
(ii)
the health care provider discloses to the patient that the health care provider is
recommending an alternative health care service that deviates from medical norms
and established practices;
(iii)
the health care provider discusses the rationale for deviating from medical norms
and established practices with the patient;
(iv)
the health care provider discloses any potential risks associated with deviation
from medical norms and established practices; and
(v)
the patient signs and acknowledges a notice of deviation; and
(g)
before providing an alternative health care service, the health care provider discloses
to the patient that the patient may enter into an agreement describing what would
constitute the health care provider's negligence related to deviation.
(6)
As used in this section, "notice of deviation" means a written notice provided by a
health care provider to a patient that:
(a)
is specific to the patient;
(b)
indicates that the health care provider is deviating from medical norms or established
practices in the health care provider's recommendation for the patient's treatment;
(c)
describes how the alternative health care service deviates from medical norms or
established practices;
(d)
describes the potential risks and benefits associated with the alternative health care
service;
(e)
describes the health care provider's reasonably justified rationale regarding the
reason for the deviation; and
(f)
provides clear and unequivocal notice to the patient that the patient is agreeing to
receive the alternative health care service which is outside medical norms and
established practices.
Section 2. Section
63G-33-301
is enacted to read:
3. Free Exercise of Religious Beliefs or Conscience
63G-33-301
. Definitions.
As used in this part:
(1)
(a)
"Adverse action" means:
(i)
termination of employment;
(ii)
a demotion;
(iii)
an adverse administrative action;
(iv)
increased administrative duties;
(v)
refusal of staff privileges;
(vi)
refusal of board certification;
(vii)
loss of career specialty;
(viii)
reduction of wages, benefits, or privileges;
(ix)
refusal to award a grant, contract, or other program;
(x)
refusal to provide residency training opportunities;
(xi)
denial, deprivation, or disqualification of licensure;
(xii)
withholding or disqualifying from financial aid or other assistance;
(xiii)
an impediment to creating, expanding, or improving, a health care institution;
(xiv)
an impediment to acquiring, associating with, or merging with another health
care institution; or
(xv)
another penalty, disciplinary action, or retaliatory action.
(b)
"Adverse action" does not include:
(i)
reassigning an individual to a position of reasonably equal pay, opportunity, and
circumstance, based on principles of sound business operation, unless the
reassignment constitutes retaliation or punishment of the individual for exercising
the individual's right of religious belief or conscience; or
(ii)
transfer, demotion, or termination of employment of a health care provider, if:
(A)
the health care services that the health care provider, based on the right of
religious belief or conscience, refuses to participate in or provide are so
numerous that the refusal will subject the employer to undue hardship that
cannot be avoided by less adverse means, including scheduling or other
accommodations; or
(B)
the health care services that the health care provider, based on the right of
religious belief or conscience, refuses to participate in or provide are the
primary or essential functions which the individual was hired to perform.
(2)
"Belief-based health care institution" means a health care institution that:
(a)
holds itself out to the public as religious based or conscience based;
(b)
states in the health care institution's governing documents that the health care
institution has a religious or conscience based purpose or mission; and
(c)
has internal operating policies or procedures that implement the health care
institution's religious beliefs or conscience.
(3)
"Conscience" means a sincerely held belief as to the rightness or wrongness of an action
or inaction.
(4)
"Discriminate," when used in relation to a health care provider, means taking an adverse
action, or threatening to take an adverse action, against the health care provider as a
result of the health care provider:
(a)
deciding to not participate in a health care service on the basis of religious belief or
conscience; or
(b)
reporting, or threatening to report, a violation of this part.
(5)
"Division of Professional Licensing" means the Division of Professional Licensing,
created in Section
58-1-103
.
(6)
"Emergency department" means the area of a hospital in which emergency services are
provided 24 hours a day.
(7)
"Health care institution" means a person licensed, certified, or regulated under Title
26B, Chapter 2, Licensing and Certifications.
(8)
"Health care provider" means:
(a)
an individual licensed, certified, or regulated under:
(i)
Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii)
Title 58, Chapter 15, Health Facility Administrator Act;
(iii)
Title 58, Chapter 16a, Utah Optometry Practice Act;
(iv)
Title 58, Chapter 17b, Pharmacy Practice Act;
(v)
Title 58, Chapter 24b, Physical Therapy Practice Act;
(vi)
Title 58, Chapter 24c, Physical Therapy Licensure Compact;
(vii)
Title 58, Chapter 31b, Nurse Practice Act;
(viii)
Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact;
(ix)
Title 58, Chapter 31e, Nurse Licensure Compact - Revised;
(x)
Title 58, Chapter 40, Recreational Therapy Practice Act;
(xi)
Title 58, Chapter 40a, Athletic Trainer Licensing Act;
(xii)
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(xiii)
Title 58, Chapter 41a, Audiology and Speech-language Pathology Interstate
Compact;
(xiv)
Title 58, Chapter 42a, Occupational Therapy Practice Act;
(xv)
Title 58, Chapter 42b, Occupational Therapy Licensure Compact;
(xvi)
Title 58, Chapter 44a, Nurse Midwife Practice Act;
(xvii)
Title 58, Chapter 54, Radiologic Technologist, Radiologist Assistant, and
Radiology Practical Technician Licensing Act;
(xviii)
Title 58, Chapter 57, Respiratory Care Practices Act;
(xix)
Title 58, Chapter 67, Utah Medical Practice Act;
(xx)
Title 58, Chapter 67b, Interstate Medical Licensure Compact;
(xxi)
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(xxii)
Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
(xxiii)
Title 58, Chapter 70a, Utah Physician Assistant Act;
(xxiv)
Title 58, Chapter 70b, Anesthesiologist Assistant Licensing Act;
(xxv)
Title 58, Chapter 70c, PA Licensure Compact;
(xxvi)
Title 58, Chapter 71, Naturopathic Physician Practice Act;
(xxvii)
Title 58, Chapter 73, Chiropractic Physician Practice Act;
(xxviii)
Title 58, Chapter 75, Genetic Counselors Licensing Act;
(xxix)
Title 58, Chapter 77, Direct-Entry Midwife Act;
(xxx)
Title 58, Chapter 80a, Medical Language Interpreter Act;
(xxxi)
Title 58, Chapter 81, Retired Volunteer Health Care Practitioner Act; or
(xxxii)
Title 58, Chapter 88, General Health Professions; or
(b)
an individual employed or supervised by:
(i)
a person described in Subsection
(8)(a)
; or
(ii)
a health care institution.
(9)
(a)
"Health care service" means medical care provided to a patient at a single time or
over a period of time.
(b)
"Health care service" includes:
(i)
examination;
(ii)
testing;
(iii)
diagnosis;
(iv)
dispensing or administering a drug, medication, or device;
(v)
research;
(vi)
prognosis;
(vii)
therapy;
(viii)
giving medical advice or taking action based on medical advice;
(ix)
the withholding or withdrawal of life-sustaining care or treatment;
(x)
the termination of a pregnancy;
(xi)
artificial insemination;
(xii)
gender transition;
(xiii)
contraception; or
(xiv)
other care or services provided by a health care provider or health care
institution.
(c)
"Health care service" does not include medical care provided to an individual during,
or before, transport of the individual to a health care facility.
(10)
"Right of religious belief or conscience" means the right described in Subsection
63G-33-302(1)(a)
.
Section 3. Section
63G-33-302
is enacted to read:
63G-33-302
. Right to refuse participation in certain matters due to a violation of
religious belief or conscience -- Limitations and alternatives -- Advance notice of exercise
of right of religious belief or conscience.
(1)
Except as provided in Subsections
(3)(a)
through
(c)
, or Subsection
(8)
, a health care
provider:
(a)
may refuse to participate in or provide a health care service that violates the health
care provider's religious beliefs or conscience; and
(b)
is not, and may not be held, civilly, criminally, or administratively liable for
exercising the health care provider's right of religious belief or conscience.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a health care institution is not, and may
not be held, civilly, criminally, or administratively liable for any claim related to, or
arising out of, the exercise of the right of religious belief or conscience by a health
care provider employed, contracted, or granted admitting privileges by the health care
institution.
(b)
Subsection
(2)(a)
does not apply to liability that arises from an act or omission of the
health care institution.
(3)
(a)
This part:
(i)
does not override the requirement to provide a medical screening examination and
stabilizing treatment to a patient under the Emergency Medical Treatment and
Labor Act, 42 U.S.C. Sec. 1395dd, or any other federal law or regulation; and
(ii)
does not permit a health care provider to fail to provide a medical screening
examination and stabilizing treatment to a patient while the patient is in the
emergency department.
(b)
Exercise of the right of religious belief or conscience is limited to objections to a
particular health care service based on a person's religious belief or conscience.
(c)
This part does not waive or modify a duty of a health care provider to provide other
medical services that do not violate the health care provider's religious beliefs or
conscience.
(d)
A health care provider that, due to the right of religious belief or conscience, refuses
to participate in or provide a health care service shall prominently post the following
statement on the health care provider's website, and in any reception area where the
health care provider provides health care services:
"ACCESS TO HEALTH CARE SERVICES
Based on religious belief or conscience, this health care provider does not provide
the following services:
[list the services]
If you are seeking these services, you may view a list of health care providers that
provide these services at the following website operated by the Department of Health
and Human Services: [insert the website address provided by the Department of
Health and Human Services]
If you are unable to access the website, you may contact the Department of Health
and Human Services at [insert a phone number provided by the Department of Health
and Human Services] to obtain information on health care providers that provide the
service."
(e)
A health care provider described in Subsection
63G-33-301(8)(a)
shall disclose to the
Department of Health and Human Services the health care services that the health
care provider does not provide due to exercise of the right of religious belief or
conscience.
(f)
The Department of Health and Human Services shall:
(i)
for each health care service that a health care provider does not provide, due to
exercise of the right of religious belief or conscience, maintain information on
health care providers that provide the service;
(ii)
post the information described in Subsection
(3)(f)(i)
on a website operated by the
Department of Health and Human Services; and
(iii)
designate a phone number that an individual who cannot access the website
described in Subsection
(3)(f)(ii)
may call, during regular business hours, for
assistance in obtaining the information described in Subsection
(3)(f)(i)
.
(4)
A health care provider who refuses, under the right of religious belief or conscience, to
participate in a health care service shall provide advance notice to the health care
provider's employer, the health care institution where the health care service is to be
performed, or both, as applicable:
(a)
of the health care service in which the health care provider refuses to participate; and
(b)
that, subject to Subsection
(3)(a)
, the health care provider refuses to participate in the
health care service because the health care service violates the health care provider's
right of religious belief or conscience.
(5)
An employer or health care institution that receives the advance notice described in
Subsection
(4)
shall, to the extent reasonably practicable, schedule staffing in a manner
that avoids placing the health care provider in a circumstance where the health care
provider may be called upon to perform a health care service that violates the health care
provider's religious beliefs or conscience.
(6)
A health care provider's refusal to participate in a health care service that violates the
health care provider's religious beliefs or conscience is not, by itself, evidence that the
health care provider engaged in unlawful discrimination based on a protected class.
(7)
This part:
(a)
cannot be used to cancel or interfere with a term of an existing contract; and
(b)
shall be applied in a manner that does not conflict with:
(i)
the Church Amendments, 42 U.S.C. Sec. 300a-7;
(ii)
the Coats-Snowe Amendment, 42 U.S.C. Sec. 238n;
(iii)
the Consolidated Appropriations Act, 2023, Public Law 117-328, Div. H, Title
V, General Provisions, Sec. 507(d)(1);
(iv)
Safeguarding the Rights of Conscience as Protected by Federal Statutes, 89
C.F.R. Sec. 2078; or
(v)
any other provision of federal law.
(8)
A health care provider that is employed at, has admitting privileges at, or otherwise
provides health care services at, or for, a belief-based health care institution may not use
this part, or any provision of this part, to:
(a)
refuse to provide a health care service at, or for, the belief-based health care
institution that the health care provider is contractually required to provide at, or for,
the belief-based health care institution;
(b)
refuse to provide a health care service at, or for, the belief-based health care
institution in a manner that the health care provider is contractually required to use
when providing the health care service at, or for, the belief-based health care
institution;
(c)
provide a health care service at, or for, the belief-based health care institution that the
health care provider is contractually prohibited from providing at, or for, the
belief-based health care institution; or
(d)
provide a health care service at, or for, the belief-based health care institution in a
manner that the health care provider is contractually prohibited from using when
providing the health care service at, or for, the belief-based health care institution.
Section 4. Section
63G-33-303
is enacted to read:
63G-33-303
. Discrimination prohibited.
(1)
A person may not discriminate against a health care provider:
(a)
as a result of the health care provider's exercise of the right of religious belief or
conscience; or
(b)
because the person believes that the health care provider:
(i)
alleged, or may allege, a violation of this part;
(ii)
provided, caused to be provided, or may provide or cause to be provided,
information relating to a potential violation of this part; or
(iii)
testified, assisted, or participated in, or may testify, assist, or participate in, an
investigation or proceeding regarding a potential violation of this part.
(2)
Subsection
(1)
does not permit a health care provider to disclose information in
violation of a provision of law.
Section 5. Section
63G-33-304
is enacted to read:
63G-33-304
. Administrative enforcement -- Court action.
(1)
(a)
A health care provider may file a complaint with the Division of Professional
Licensing alleging a violation of this part by another health care provider.
(b)
The Division of Professional Licensing may:
(i)
investigate a complaint described in Subsection
(1)(a)
;
(ii)
take action, as provided in Section
58-1-501
, against a health care provider who
violates a provision of this part; or
(iii)
bring a legal action in a court with jurisdiction against a health care provider who
violates a provision of this part.
(c)
If the Division of Professional Licensing does not investigate and take action under
Subsection
(1)(b)
, the health care provider that filed the complaint may bring an
action in a court with jurisdiction for the alleged violation of this part.
(d)
If the Division of Professional Licensing brings a legal action under Subsection
(1)(c), or a health care provider brings a legal action under Subsection (1)(c), the
person who brings the action:
(i)
may seek, as a remedy for the alleged violation of this part, injunctive relief or
damages; and
(ii)
if the person prevails in the action, is entitled to an award for reasonable attorney
fees and costs.
(2)
(a)
A health care provider may file a complaint with the Department of Health and
Human Services alleging a violation of this part by a health care institution.
(b)
The Department of Health and Human Services shall investigate a complaint
described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing
and Certifications, against a health care institution that violates this part, or may bring
a legal action in a court with jurisdiction against a health care institution that violates
this part, to:
(i)
enforce the provisions of this part; and
(ii)
if applicable, impose a penalty for the violation.
(c)
If the Department of Health and Human Services fails to investigate and take action
under Subsection
(2)(b)
, the health care provider that filed the complaint may bring
an action in a court with jurisdiction for the alleged violation of this part.
(d)
If the Department of Health and Human Services brings a legal action under
Subsection
(2)(b)
, or a health care provider brings a legal action under Subsection
(2)(c)
, the person who brings the action:
(i)
may seek, as a remedy for the alleged violation of this part, injunctive relief or
damages; and
(ii)
if the person prevails in the action, is entitled to an award for reasonable attorney
fees and costs.
Section 6. Section
63G-33-305
is enacted to read:
63G-33-305
. Effect upon related provisions of law.
The provisions of this part are applicable and available in addition to, and not in lieu of,
the provisions of Section
76-7-306
, relating to abortion, the termination of a pregnancy, or the
disposal of remains.
Section 7. Section
76-7-306
is amended to read:
76-7-306
. Refusal to participate, admit, or treat for abortion based on religious
or moral grounds -- Cause of action.
(1)
As used in this section:
(a)
"Conscience" means the same as that term is defined in Section
63G-33-301
.
(a)
(b)
"Health care facility"
is as
means the same as that term is
defined in Section
26B-2-201
.
(b)
(c)
"Health care provider" means an individual who is an employee of, has practice
privileges at, or is otherwise associated with a health care facility.
(2)
A health care provider may, on
religious or moral grounds
the grounds of religious
belief or conscience
, refuse to perform or participate in any way, in:
(a)
an abortion;
or
(b)
a procedure that is intended to, or likely to, result in the termination of a pregnancy
.
;
or
(c)
the disposal of remains resulting from an abortion or a procedure described in
Subsection
(2)(b)
.
(3)
Except as otherwise required by law, a health care facility may refuse, on
religious or
moral grounds
the grounds of religious belief or conscience
, to:
(a)
admit a patient for an abortion procedure or another procedure that is intended to, or
likely to, result in the termination of a pregnancy; or
(b)
perform for a patient an abortion procedure or another procedure that is intended to,
or likely to, result in the termination of a pregnancy.
(4)
A health care provider's refusal under Subsection
(2)

and
or
a health care facility's
refusal under Subsection
(3)
may not be the basis for civil liability or other recriminatory
action.
(5)
A health care facility, employer, or other person may not take an adverse action against
a health care provider for exercising the health care provider's right of refusal described
in Subsection
(2)
, or for bringing or threatening to bring an action described in
Subsection
(6)
, including:
(a)
dismissal;
(b)
demotion;
(c)
suspension;
(d)
discipline;
(e)
discrimination;
(f)
harassment;
(g)
retaliation;
(h)
adverse change in status;
(i)
termination of, adverse alteration of, or refusal to renew an association or agreement;
or
(j)
refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status
that the health care provider would have otherwise received.
(6)
(a)
A person who is adversely impacted by conduct prohibited in Subsection
(5)
may
bring a civil action for equitable relief, including reinstatement, and for damages.
(b)
A person who brings an action under this section must commence the action within
three years after the day on which the cause of action arises.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 1:34 PM