Text of AK SB 14 (2011)
Protect Health Care Provider Conscience
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As introduced
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SENATE BILL NO. 14
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-SEVENTH LEGISLATURE - FIRST SESSION
BY SENATORS DYSON AND COGHILL
Introduced: 1/19/11
Referred: Health and Social Services, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act providing for the protection and reasonable accommodation of a health care
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provider's expression of conscience pertaining to a health care service; and providing
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for immunity, an exception, and prohibition of discrimination for an expression of
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conscience by a health care provider."
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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* Section 1. AS 18.95 is amended by adding a new section to read:
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Sec. 18.95.015. Protection, reasonable accommodation, and notice of
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conscience objection by health care provider. (a) Except as provided in (c) of this
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section, an employer who receives a notice of objection described in (b) of this section
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shall make reasonable accommodations for the employee providing the notice and
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may not discriminate against an employee who provides the notice.
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(b) A person who is employed as a health care provider may provide advance
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written notice to the person's employer of an objection to providing health care
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services. A health care provider is not required to provide a written explanation of the
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reason for the objection, but the objection must be related to the provider's conscience.
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The objection may not be based on a patient's race, religion, sex, age, disability, or
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national origin.
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(c) An employer is not required to accommodate an employee who has
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provided notice under (b) of this section if the employer demonstrates that the
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accommodation poses an undue hardship on the employer or the objecting employee is
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the only health care provider available to assist in the provision of health care services
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in a life-threatening circumstance.
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(d) Notwithstanding the provision of a written notice of objection under (b) of
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this section, a health care provider may not refuse to provide treatment or care to a
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patient seeking health care services in a life-threatening circumstance until an alternate
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health care provider is available.
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(e) A person who refuses to provide health care services in compliance with
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this section may not be held civilly or criminally liable for consequences resulting
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from the compliance.
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(f) This section shall be construed in a manner consistent with 42 U.S.C.
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2000e - 2000e-17 (Title VII, Civil Rights Act of 1964), as amended.
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(g) In this section,
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(1) "health care provider" means a person licensed, certified, or
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registered in the state who provides health care services; in this paragraph, "provide"
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means to counsel, advise, perform, dispense, assist, or refer;
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(2) "health care services" means treatment, management, and research
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of illness and health;
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(3) "life-threatening circumstance" means a situation that poses an
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immediate risk to a person's life or long-term health.
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