Text of AR HB 1983 (2011)

Stricken language would be deleted from and underlined language would be added to present law. *MGF315* 03-03-2011 17:20:14 MGF315 State of Arkansas 1 88th General Assembly A Bill 2 Regular Session, 2011 HOUSE BILL 1983 3 4 By: Representative D. Meeks 5 6 For An Act To Be Entitled 7 AN ACT TO CREATE THE HEALTHCARE FREEDOM OF CONSCIENCE 8 ACT; AND FOR OTHER PURPOSES. 9 10 11 Subtitle 12 AN ACT TO CREATE THE HEALTHCARE FREEDOM 13 OF CONSCIENCE ACT. 14 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 SECTION 1. Arkansas Code Title 20 is amended to add an additional 19 chapter to read as follows: 20 21 CHAPTER 3 22 HEALTHCARE FREEDOM OF CONSCIENCE ACT 23 24 20-3-101. Title. 25 This chapter shall be known and may be cited as the “Healthcare Freedom 26 of Conscience Act”. 27 28 20-3-102. Legislative findings — Purposes. 29 (a) The General Assembly finds that: 30 (1) It is the public policy of Arkansas to respect and protect 31 the fundamental right of conscience of all individuals who provide healthcare 32 services; and 33 (2) Without comprehensive protection, healthcare rights of 34 conscience may be violated in various ways, such as harassment, demotion, 35 salary reduction, transfer, termination, loss of staffing privileges, denial 36 HB1983 2 03-03-2011 17:20:14 MGF315 of aid or benefits, and refusal to license or refusal to certify. 1 (b)(1) It is the purpose of this chapter to protect as a basic civil 2 right the right of all healthcare providers, healthcare institutions, and 3 healthcare payers to decline to counsel, advise, pay for, provide, perform, 4 assist, or participate in providing or performing healthcare services that 5 violate their consciences. 6 (2) Healthcare services may include without limitation abortion, 7 artificial birth control, artificial insemination, assisted reproduction, 8 human cloning, euthanasia, human embryonic stem-cell research, fetal 9 experimentation, assisted suicide, and sterilization. 10 (c) It is the purpose of this chapter to prohibit all forms of 11 discrimination, disqualification, coercion, disability, or liability upon 12 such healthcare providers, healthcare institutions, and healthcare payers 13 that decline to perform any healthcare service that violates their 14 consciences. 15 16 20-3-103. Definitions. 17 As used in this chapter: 18 (1)(A) “Conscience” means the religious, moral, or ethical 19 principles held by a healthcare provider, healthcare institution, or 20 healthcare payer. 21 (B) For purposes of this chapter, a healthcare 22 institution's or a healthcare payer’s conscience shall be determined by 23 reference to its existing or proposed religious, moral, or ethical 24 guidelines, mission statement, constitution, bylaws, articles of 25 incorporation, regulations, or other relevant documents; 26 (2) “Employer” means an individual or entity that pays for or 27 provides health benefits or health insurance coverage as a benefit to its 28 employees, whether through a third party, a health maintenance organization, 29 a program of self insurance, or some other means; 30 (3) “Healthcare institution” means a public or private 31 organization, corporation, partnership, sole proprietorship, association, 32 agency, network, joint venture, or other entity that is involved in providing 33 healthcare services, including without limitation: 34 (A) An ambulatory surgical center; 35 (B) A clinic; 36 HB1983 3 03-03-2011 17:20:14 MGF315 (C) A hospital; 1 (D) A medical center; 2 (E) A medical training facility; 3 (F) A nursing home; 4 (G) A nursing school; 5 (H) A pharmacy; 6 (I) A private physician’s office; 7 (J) A university medical school; and 8 (K) Other institutions or locations in which healthcare 9 services are provided; 10 (4) “Healthcare payer” means any entity or employer that 11 contracts for, pays for, or arranges for the payment of, in whole or in part, 12 any healthcare service or product, including without limitation: 13 (A) A health maintenance organization; 14 (B) A health plan; 15 (C) An insurance company; and 16 (D) A management services organization; 17 (5) “Healthcare provider” means any individual who may be asked 18 to participate in any way in a healthcare service, including without 19 limitation: 20 (A) A clinic employee; 21 (B) A counselor; 22 (C) A hospital employee; 23 (D) A medical assistant; 24 (E) A nurse; 25 (F) A nurse's aide; 26 (G) A nursing home employee; 27 (H) A pharmacist; 28 (I) A pharmacy employee; 29 (J) A physician; 30 (K) A physician’s assistant; 31 (L) A researcher; 32 (M) A social worker; 33 (N) A student; 34 (O) An applicant to a school of health care; 35 (P) Medical or nursing school faculty; or 36 HB1983 4 03-03-2011 17:20:14 MGF315 (Q) Any other person who furnishes or assists in the 1 furnishing of healthcare services; 2 (6) “Healthcare service” means any phase of patient medical 3 care, treatment, or procedure, including without limitation: 4 (A) Conducting research; 5 (B) Counseling; 6 (C) Diagnosing or providing prognoses; 7 (D) Dispensing or administering any device, drug, or 8 medication; 9 (E) Instructing; 10 (F) Performing surgery; 11 (G) Performing therapy; 12 (H) Prescribing; 13 (I) Referring patients; 14 (J) Testing; or 15 (K) Other care or treatment rendered by healthcare 16 providers or healthcare institutions; 17 (7) “Participate” means to counsel, advise, provide, perform, 18 assist in, refer for, admit for purposes of providing, or participate in 19 providing any healthcare service or any form of such service; and 20 (8) “Payment” means to pay, contract for, or otherwise arrange 21 for the payment of in whole or in part. 22 23 20-3-104. Prohibition. 24 A person, an institution, a corporation, or a government entity shall 25 not discriminate, disqualify, coerce, or cause a disability or liability upon 26 a healthcare provider, healthcare institution, or healthcare payer that 27 declines to perform a healthcare service that violates the conscience of the 28 healthcare provider, healthcare institution, or healthcare payer. 29 30 20-3-105. Civil remedies. 31 (a) A civil action for damages or injunctive relief, or both, may be 32 brought for a violation of this subchapter. 33 (b)(1) A person, an individual, an association, an agency, a 34 corporation, an entity, or a health care institution injured by a public or 35 private person, individual, association, agency, corporation, or entity by 36 HB1983 5 03-03-2011 17:20:14 MGF315 reason of conduct prohibited by this subchapter may bring a civil action. 1 (2) A court of competent jurisdiction may order injunctive 2 relief in a civil action under this subchapter. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36