Bill Text: IA SF297 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the protection of religious beliefs and moral convictions of health care providers and health care facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-11 - Subcommittee: J. Taylor, Schultz, and Weiner. S.J. 96. [SF297 Detail]
Download: Iowa-2023-SF297-Introduced.html
Senate
File
297
-
Introduced
SENATE
FILE
297
BY
J.
TAYLOR
A
BILL
FOR
An
Act
relating
to
the
protection
of
religious
beliefs
and
1
moral
convictions
of
health
care
providers
and
health
care
2
facilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
146.1,
Code
2023,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
146.1
Protection
of
religious
beliefs
and
moral
convictions
3
of
health
care
providers
and
health
care
facilities.
4
1.
For
the
purposes
of
this
section:
5
a.
“Health
care
facility”
or
“facility”
means
a
public
6
or
private
hospital,
clinic,
center,
medical
school,
medical
7
training
institution,
health
care
business,
physician
office,
8
infirmary,
dispensary,
ambulatory
surgical
center,
or
other
9
institution
or
location
or
business
wherein
medical
care
or
10
pharmaceuticals
are
provided
to
any
person.
11
b.
“Health
care
provider”
means
a
person
who
is
licensed,
12
certified,
or
otherwise
authorized
or
permitted
by
the
law
of
13
this
state
to
administer
health
care
in
the
ordinary
course
of
14
business
or
in
the
practice
of
a
profession.
15
c.
“Person”
means
the
same
as
defined
in
section
4.1.
16
d.
“Religious
beliefs
and
moral
convictions”
means
the
17
religious,
moral,
ethical,
or
philosophical
beliefs
or
18
principles
held
by
a
person.
If
the
person
is
other
than
an
19
individual,
“religious
beliefs
and
moral
convictions”
means
20
religious
beliefs
and
moral
convictions
as
determined
by
21
reference
to
that
person’s
governing
documents,
including
but
22
not
limited
to
any
published
religious,
moral,
ethical,
or
23
philosophical
guidelines
or
directives;
mission
statements;
24
constitutions;
articles
of
incorporation;
bylaws;
policies;
or
25
regulations.
26
2.
It
is
the
public
policy
of
the
state
to
protect
the
27
religious
beliefs
and
moral
convictions
of
health
care
28
providers
as
a
necessary
prerequisite
to
health
care
providers
29
acting
in
good
faith
to
fulfill
their
professional
obligation
30
to
do
no
harm.
31
3.
A
health
care
provider
who
may
lawfully
perform,
32
assist,
or
participate
in,
or
provide
a
referral
for,
any
33
medical
procedure,
surgery,
treatment,
counseling,
or
34
prescribing
in
this
state,
regardless
of
whether
the
health
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care
provider’s
place
of
employment
is
private
or
public,
has
1
the
right
to
refuse
to
perform,
assist,
or
participate
in,
2
or
provide
a
referral
for
the
medical
procedure,
surgery,
3
treatment,
counseling,
or
prescribing,
if
to
do
so
would
4
violate
that
health
care
provider’s
religious
beliefs
and
5
moral
convictions.
A
person
shall
not
discriminate
against
6
any
health
care
provider
in
any
way,
including
but
not
limited
7
to
employment,
promotion,
advancement,
transfer,
licensing,
8
education,
training,
or
the
granting
of
hospital
privileges
9
or
staff
appointments,
because
of
the
health
care
provider’s
10
performance,
assistance,
participation
in,
or
provision
of
a
11
referral
for,
or
refusal
to
perform,
assist,
participate
in,
12
or
provide
a
referral
for,
any
medical
procedure,
treatment,
13
counseling,
prescribing,
or
surgery
due
to
the
person’s
14
religious
beliefs
and
moral
convictions.
15
4.
a.
A
health
care
facility
that
is
not
controlled,
16
maintained,
and
supported
by
a
public
authority
shall
not
17
be
required
to
provide
a
referral
for
or
permit
any
medical
18
procedure,
surgery,
treatment,
counseling,
or
prescribing
if
to
19
do
so
would
violate
the
facility’s
religious
beliefs
and
moral
20
convictions.
21
b.
This
section
shall
not
be
construed
to
require
a
facility
22
to
accept
a
patient
for
any
procedure,
surgery,
treatment,
23
counseling,
or
prescribing
that
would
violate
the
facility’s
24
religious
beliefs
and
moral
convictions.
25
c.
The
refusal
to
provide
a
referral
for
or
permit
a
medical
26
procedure,
surgery,
treatment,
counseling,
or
prescribing
27
that
would
violate
the
facility’s
religious
beliefs
and
moral
28
convictions
shall
not
be
grounds
for
civil
liability
nor
a
29
basis
for
any
disciplinary
or
other
recriminatory
action
30
against
a
health
care
provider
or
a
health
care
facility.
31
5.
This
section
shall
not
be
construed
to
allow
any
person
32
to
deny
visitation,
to
deny
recognition
of
a
designated
33
representative
for
health
care
decision
making,
or
to
deny
34
emergency
medical
examination
or
treatment
as
required
by
law
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pursuant
to
the
Emergency
Medical
Treatment
and
Active
Labor
1
Act,
42
U.S.C.
§1395dd.
2
6.
A
civil
action
for
damages,
injunctive
relief,
or
any
3
other
appropriate
relief
may
be
brought
by
any
health
care
4
provider
or
health
care
facility
protected
by
this
section
for
5
a
violation
of
this
section.
This
section
may
be
used
as
a
6
defense
in
any
action
related
to
or
arising
out
of
the
exercise
7
of
rights
protected
under
this
section.
8
7.
If
any
provision
of
this
section
or
its
application
to
9
any
person
or
circumstance
is
held
invalid,
the
invalidity
does
10
not
affect
other
provisions
or
applications
of
this
section
11
which
can
be
given
effect
without
the
invalid
provision
or
12
application,
and
to
this
end
the
provisions
of
this
section
are
13
severable.
14
Sec.
2.
Section
146D.1,
subsection
4,
paragraph
a,
Code
15
2023,
is
amended
to
read
as
follows:
16
a.
“Abortion”
means
as
defined
in
section
146.1
the
17
termination
of
a
human
pregnancy
with
the
intent
other
than
to
18
produce
a
live
birth
or
to
remove
a
dead
fetus.
Abortion
does
19
not
include
medical
care
which
has
as
its
primary
purpose
the
20
treatment
of
a
serious
physical
condition
requiring
emergency
21
medical
treatment
necessary
to
save
the
life
of
a
mother
.
22
Sec.
3.
Section
707.8A,
subsection
1,
paragraph
a,
Code
23
2023,
is
amended
to
read
as
follows:
24
a.
“Abortion”
means
abortion
as
defined
in
section
146.1
the
25
termination
of
a
human
pregnancy
with
the
intent
other
than
to
26
produce
a
live
birth
or
to
remove
a
dead
fetus.
Abortion
does
27
not
include
medical
care
which
has
as
its
primary
purpose
the
28
treatment
of
a
serious
physical
condition
requiring
emergency
29
medical
treatment
necessary
to
save
the
life
of
a
mother
.
30
Sec.
4.
REPEAL.
Section
146.2,
Code
2023,
is
repealed.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
the
protection
of
religious
beliefs
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and
moral
convictions
of
health
care
providers
and
health
care
1
facilities.
2
The
bill
replaces
Code
section
146.1
(liability
of
persons
3
relating
to
performance
of
abortions)
with
a
new
Code
section
4
146.1
(protection
of
religious
beliefs
and
moral
convictions
of
5
health
care
providers
and
health
care
facilities).
6
The
bill
provides
definitions
for
the
purposes
of
the
new
7
Code
section,
including
“health
care
facility”
or
“facility”,
8
“health
care
provider”,
“person”,
and
“religious
beliefs
and
9
moral
convictions”.
10
The
bill
provides
that
it
is
the
public
policy
of
the
11
state
to
protect
the
religious
beliefs
and
moral
convictions
12
of
health
care
providers
as
a
necessary
prerequisite
to
13
health
care
providers
acting
in
good
faith
to
fulfill
their
14
professional
obligation
to
do
no
harm.
15
The
bill
provides
that
a
health
care
provider
who
may
16
lawfully
perform,
assist,
participate
in,
or
provide
a
referral
17
for,
any
medical
procedure,
surgery,
treatment,
counseling,
or
18
prescribing
in
this
state,
regardless
of
whether
the
health
19
care
provider’s
place
of
employment
is
private
or
public,
20
has
the
right
to
refuse
to
perform,
assist,
or
participate
21
in,
or
provide
a
referral
for,
the
medical
procedure,
22
surgery,
treatment,
counseling,
or
prescribing,
if
to
do
so
23
would
violate
that
health
care
provider’s
religious
beliefs
24
and
moral
convictions.
The
bill
prohibits
a
person
from
25
discriminating
against
any
health
care
provider
in
any
way
26
because
of
the
health
care
provider’s
performance,
assistance,
27
or
participation
in,
or
provision
of
a
referral
for,
or
refusal
28
to
perform,
assist,
or
participate
in,
or
provide
a
referral
29
for,
any
medical
procedure,
treatment,
counseling,
prescribing,
30
or
surgery
due
to
the
person’s
religious
beliefs
and
moral
31
convictions.
32
Under
the
bill,
a
health
care
facility
that
is
not
33
controlled,
maintained,
and
supported
by
a
public
authority
34
shall
not
be
required
to
provide
a
referral
for
or
permit
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any
medical
procedure,
surgery,
treatment,
counseling,
or
1
prescribing
if
to
do
so
would
violate
the
facility’s
religious
2
beliefs
and
moral
convictions.
The
bill
is
not
to
be
construed
3
to
require
a
facility
to
accept
a
patient
for
any
procedure,
4
surgery,
treatment,
counseling,
or
prescribing
that
would
5
violate
the
facility’s
religious
beliefs
and
moral
convictions.
6
The
refusal
to
provide
a
referral
for
or
permit
a
medical
7
procedure,
surgery,
treatment,
counseling,
or
prescribing
8
that
would
violate
the
facility’s
religious
beliefs
and
moral
9
convictions
shall
not
be
grounds
for
civil
liability
nor
a
10
basis
for
any
disciplinary
or
other
recriminatory
action
11
against
a
health
care
provider
or
a
health
care
facility.
12
The
bill
is
not
to
be
construed
to
allow
any
person
to
deny
13
visitation,
to
deny
recognition
of
a
designated
representative
14
for
health
care
decision
making,
or
to
deny
emergency
medical
15
examination
or
treatment
as
required
by
the
federal
Emergency
16
Medical
Treatment
and
Active
Labor
Act.
17
A
health
care
provider
or
health
care
facility
may
bring
18
a
civil
action
for
damages,
injunctive
relief,
or
any
other
19
appropriate
relief
for
a
violation
of
the
bill.
The
bill
may
20
be
used
as
a
defense
in
any
action
related
to
or
arising
out
of
21
the
exercise
of
rights
protected
under
the
bill.
22
The
bill
includes
a
severability
clause
and
makes
other
23
conforming
changes
in
the
Code
to
harmonize
the
provisions
of
24
the
bill.
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