Text of CO HB 1255 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0800.01 Brita Darling x2241 HOUSE BILL 25-1255 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING PROTECTING A HEALTH-CARE PROVIDER'S RIGHT TO 101 EXERCISE THEIR CONSCIENCE IN PROVIDING HEALTH CARE. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates the "Medical Ethics Defense Act" (act). The act recognizes that a health-care professional, health-care institution, and health-care payer (health-care provider) has a right of conscience. The act: ! Defines "conscience" to mean the ethical, moral, or religious beliefs or principles held by a health-care provider HOUSE SPONSORSHIP Luck, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. and recognizes institutional entities or corporate bodies as also having a conscience as determined by reference to the governing documents of the entity or body; and ! Allows a health-care provider to refuse to participate in or pay for a medical procedure, treatment, or service that violates the health-care provider's conscience. The right of conscience is limited to a particular medical procedure, treatment, or service. Further, a health-care payer is prohibited from refusing to pay for services that are specified in the health-care payer's contract. The act shall not be construed to conflict with the requirement to provide emergency medical treatment. A health-care provider: ! Shall not be discriminated against in any manner as a result of the health-care provider exercising its right of conscience; and ! Is immune from civil, criminal, or administrative liability for exercising its right of conscience. The act authorizes a religious health-care provider to make employment staffing, contracting, and administrative decisions consistent with its religious beliefs if it holds itself out to the public as religious and has internal operating procedures that implement its religious purpose or mission. The act provides protection against discrimination to a health-care provider that provides information about a violation of the act or other law to an employer or a state or federal agency or official or that testifies or participates in proceedings relating to the violation. Additionally, the act prohibits: ! Administrative agencies from denying or revoking a license, certification, or registration, or threatening to do so, based upon an individual health-care professional engaging in free speech under the United States constitution (constitution) or section 10 of article II of the state constitution; or ! The state from contracting with, recognizing, approving, or requiring an individual to obtain certifications or credentials from a specialty board or other recognizing agency that refuses to certify or revokes credentials based upon an individual's engagement in free speech under the constitution. A state entity that regulates the provision of medical treatments, procedures, or services shall promptly notify a health-care provider of any complaint received by the entity that is based on an exercise of free speech and that may result in revocation of the health-care provider's license, certification, or registration. A party aggrieved by a violation of the act may commence a civil action and, if a violation has occurred, is entitled to injunctive and HB25-1255 -2- declaratory relief and an award of monetary damages and attorney fees. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add article 60 to title 2 25 as follows: 3 ARTICLE 60 4 Medical Ethics Defense Act 5 25-60-101. Short title. THE SHORT TITLE OF THIS ARTICLE 60 IS 6 THE "MEDICAL ETHICS DEFENSE ACT". 7 25-60-102. Legislative declaration - purpose. (1) THE GENERAL 8 ASSEMBLY FINDS AND DETERMINES THAT: 9 (a) THE RIGHT OF CONSCIENCE IS A FUNDAMENTAL AND 10 UNALIENABLE RIGHT CENTRAL TO THE FOUNDING OF THE UNITED STATES 11 AND HAS BEEN DEEPLY ROOTED IN THE NATION'S HISTORY AND TRADITION 12 FOR CENTURIES; 13 (b) THROUGH THE HIPPOCRATIC OATH, WHICH IS A SWORN 14 AGREEMENT BY PHYSICIANS TO DO NO HARM, THE RIGHT OF CONSCIENCE 15 HAS BEEN ENSHRINED IN THE PRACTICE OF MEDICINE FOR MILLENNIA; 16 (c) HOWEVER, DESPITE ITS PREEMINENT IMPORTANCE, THREATS TO 17 THE RIGHT OF CONSCIENCE OF HEALTH-CARE PROFESSIONALS, 18 HEALTH-CARE INSTITUTIONS, AND HEALTH-CARE PAYERS HAVE BECOME 19 INCREASINGLY COMMON AND SEVERE IN RECENT YEARS; AND 20 (d) THE SWIFT PACE OF SCIENTIFIC ADVANCEMENT AND THE 21 EXPANSION OF MEDICAL CAPABILITIES, ALONG WITH THE CREATION OF 22 NEW RIGHTS FOR PATIENTS TO ACCESS CERTAIN PROCEDURES AND THE 23 MISTAKEN NOTION THAT HEALTH-CARE PROFESSIONALS, HEALTH-CARE 24 INSTITUTIONS, AND HEALTH-CARE PAYERS ARE MERE PUBLIC UTILITIES, 25 HB25-1255 -3- PROMISES TO MAKE THE CURRENT CRISIS WORSE, UNLESS SOMETHING IS 1 DONE TO SECURE THE RIGHT OF CONSCIENCE. 2 (2) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT: 3 (a) IT IS THE PUBLIC POLICY OF THE STATE TO PROTECT THE RIGHT 4 OF CONSCIENCE FOR HEALTH-CARE PROFESSIONALS, HEALTH-CARE 5 INSTITUTIONS, AND HEALTH-CARE PAYERS; 6 (b) AS THE CONSCIENCE IS FUNDAMENTAL, A HEALTH-CARE 7 PROFESSIONAL, HEALTH-CARE INSTITUTION, OR HEALTH-CARE PAYER 8 SHALL NOT BE REQUIRED TO PARTICIPATE IN NOR PAY FOR ANY MEDICAL 9 PROCEDURE, TREATMENT, OR SERVICE, OR PRESCRIBE OR PAY FOR ANY 10 MEDICATION TO WHICH THEY OBJECT ON THE BASIS OF CONSCIENCE, 11 WHETHER SUCH CONSCIENCE IS INFORMED BY RELIGIOUS, MORAL, OR 12 ETHICAL BELIEFS OR PRINCIPLES; AND 13 (c) IT IS THE PURPOSE OF THIS ARTICLE 60 TO PROTECT 14 HEALTH-CARE PROFESSIONALS, HEALTH-CARE INSTITUTIONS, AND 15 HEALTH-CARE PAYERS FROM DISCRIMINATION, PUNISHMENT, AND 16 RETALIATION AS A RESULT OF ANY INSTANCE OF ENGAGING IN 17 CONSCIENTIOUS MEDICAL OBJECTION. 18 25-60-103. Definitions. AS USED IN THIS ARTICLE 60, UNLESS THE 19 CONTEXT OTHERWISE REQUIRES: 20 (1) (a) "CONSCIENCE" MEANS THE ETHICAL, MORAL, OR RELIGIOUS 21 BELIEFS OR PRINCIPLES HELD BY A HEALTH-CARE PROVIDER. 22 (b) WITH RESPECT TO INSTITUTIONAL ENTITIES OR CORPORATE 23 BODIES, AS OPPOSED TO INDIVIDUALS, "CONSCIENCE" IS DETERMINED BY 24 REFERENCE TO THE GOVERNING DOCUMENTS OF THE ENTITY OR BODY, 25 INCLUDING ANY ETHICAL, MORAL, OR RELIGIOUS GUIDELINES, DIRECTIVES, 26 MISSION STATEMENTS, CONSTITUTIONS, ARTICLES OF INCORPORATION, 27 HB25-1255 -4- BYLAWS, POLICIES, OR REGULATIONS. 1 (2) (a) "DISCRIMINATION" OR "DISCRIMINATED AGAINST" MEANS 2 ANY ADVERSE ACTION TAKEN AGAINST, OR THREAT OF ADVERSE ACTION 3 COMMUNICATED TO, A HEALTH-CARE PROVIDER AS A RESULT OF THE 4 HEALTH-CARE PROVIDER EXERCISING THEIR RIGHT PROTECTED IN SECTION 5 25-60-104. 6 (b) "DISCRIMINATION" INCLUDES ANY PENALTY, DISCIPLINARY, OR 7 RETALIATORY ACTION, WHETHER EXECUTED OR THREATENED. 8 (c) "DISCRIMINATION" DOES NOT INCLUDE THE NEGOTIATION OR 9 PURCHASE OF, OR THE REFUSAL TO USE OR PURCHASE, INSURANCE OR 10 MEDICAL PROCEDURES, TREATMENTS, OR SERVICES BY AN INDIVIDUAL OR 11 NONGOVERNMENTAL ENTITY OR GOOD FAITH EFFORTS TO ACCOMMODATE 12 CONSCIENTIOUS OBJECTIONS OF A HEALTH-CARE PROVIDER. 13 (3) (a) "HEALTH-CARE INSTITUTION" MEANS ANY ORGANIZATION, 14 CORPORATION, PARTNERSHIP, ASSOCIATION, AGENCY, NETWORK, SOLE 15 PROPRIETORSHIP, JOINT VENTURE, OR OTHER ENTITY THAT PROVIDES 16 MEDICAL PROCEDURES, TREATMENTS, OR SERVICES. 17 (b) "HEALTH-CARE INSTITUTION" INCLUDES A HOSPITAL OR 18 HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO SECTION 19 25-1.5-103 (1), ARTICLE 3 OF THIS TITLE 25, OR BOTH. 20 (4) "HEALTH-CARE PAYER" MEANS AN EMPLOYER, A HEALTH 21 BENEFIT PLAN, A HEALTH MAINTENANCE ORGANIZATION, AN INSURANCE 22 COMPANY, A MANAGEMENT SERVICES ORGANIZATION, OR ANY OTHER 23 ENTITY THAT PAYS FOR A MEDICAL PROCEDURE, TREATMENT, OR SERVICE 24 PROVIDED TO A PATIENT OR CLIENT, INCLUDING TO CONTRACT FOR, 25 ARRANGE FOR PAYMENT OF, REIMBURSE, OR REMUNERATE, WHETHER 26 PAYMENT IS MADE IN WHOLE OR IN PART. 27 HB25-1255 -5- (5) "HEALTH-CARE PROFESSIONAL" MEANS AN INDIVIDUAL WHO IS 1 AUTHORIZED TO PARTICIPATE IN ANY WAY IN A MEDICAL PROCEDURE, 2 TREATMENT, OR SERVICE, INCLUDING AN INDIVIDUAL LICENSED, 3 CERTIFIED, OR REGISTERED PURSUANT TO ARTICLES 200 TO 310 OF TITLE 4 12; AN EMPLOYEE OF A HOSPITAL, CLINIC, NURSING HOME, OR PHARMACY; 5 FACULTY AND STUDENTS OF A MEDICAL SCHOOL, NURSING SCHOOL, OR 6 SCHOOL OF PSYCHOLOGY OR COUNSELING; MEDICAL RESEARCHERS; AND 7 LABORATORY TECHNICIANS. 8 (6) "HEALTH-CARE PROVIDER" MEANS A HEALTH-CARE 9 PROFESSIONAL, HEALTH-CARE INSITITUTION, OR HEALTH-CARE PAYER. 10 (7) "MEDICAL PROCEDURE, TREATMENT, OR SERVICE" MEANS 11 MEDICAL RESEARCH OR HEALTH-CARE SERVICES PROVIDED TO A PATIENT 12 OR CLIENT AT ANY TIME OVER THE COURSE OF THE PROCEDURE, 13 TREATMENT, OR SERVICE AND INCLUDES TESTING; DIAGNOSING; 14 RECORD-MAKING; REFERRING; PRESCRIBING, DISPENSING, OR 15 ADMINISTERING A DRUG, MEDICATION, OR DEVICE; THERAPY OR 16 COUNSELING; OR PREPARING, ARRANGING, OR PERFORMING A SURGICAL 17 PROCEDURE. 18 (8) "PARTICIPATE" MEANS, WITH RESPECT TO A MEDICAL 19 PROCEDURE, TREATMENT, OR SERVICE, TO PROVIDE, PERFORM, ASSIST 20 WITH, FACILITATE, REFER FOR, COUNSEL FOR, ADVISE WITH REGARD TO, OR 21 ADMIT FOR THE PURPOSES OF PROVIDING OR TAKING PART IN ANY WAY IN 22 PROVIDING A MEDICAL PROCEDURE, TREATMENT, OR SERVICE. 23 25-60-104. Right of conscience of health-care providers. 24 (1) Right of conscience. A HEALTH-CARE PROVIDER SHALL NOT BE 25 REQUIRED TO PARTICIPATE IN OR PAY FOR A MEDICAL PROCEDURE, 26 TREATMENT, OR SERVICE THAT VIOLATES THE HEALTH-CARE PROVIDER'S 27 HB25-1255 -6- CONSCIENCE. 1 (2) Limited to specific medical procedures, treatments, or 2 services or when contractually obligated to pay. THE RIGHT OF 3 CONSCIENCE PROTECTED UNDER THIS SECTION: 4 (a) IS LIMITED TO A PARTICULAR MEDICAL PROCEDURE, 5 TREATMENT, OR SERVICE THAT VIOLATES THE CONSCIENCE OF THE 6 HEALTH-CARE PROVIDER; 7 (b) DOES NOT WAIVE OR MODIFY A DUTY THAT A HEALTH-CARE 8 PROVIDER HAS TO PROVIDE OR PAY FOR MEDICAL PROCEDURES, 9 TREATMENTS, OR SERVICES THAT DO NOT VIOLATE THE HEALTH-CARE 10 PROVIDER'S CONSCIENCE; AND 11 (c) DOES NOT ALLOW A HEALTH-CARE PAYER TO DECLINE 12 PAYMENT FOR A MEDICAL PROCEDURE, TREATMENT, OR SERVICE THAT THE 13 HEALTH-CARE PAYER IS CONTRACTUALLY OBLIGATED TO PAY FOR UNDER 14 THE TERMS OF A CONTRACT WITH AN INSURED PARTY. 15 (3) Discrimination prohibited. A HEALTH-CARE PROVIDER SHALL 16 NOT BE DISCRIMINATED AGAINST IN ANY MANNER AS A RESULT OF THE 17 HEALTH-CARE PROVIDER EXERCISING THE HEALTH-CARE PROVIDER'S 18 RIGHT OF CONSCIENCE. 19 (4) (a) Immunity from liability for right of conscience. A 20 HEALTH-CARE PROVIDER IS NOT CIVILLY, CRIMINALLY, OR 21 ADMINISTRATIVELY LIABLE FOR EXERCISING THE HEALTH-CARE 22 PROVIDER'S RIGHT OF CONSCIENCE DESCRIBED IN THIS SECTION. 23 (b) A HEALTH-CARE INSTITUTION IS NOT CIVILLY, CRIMINALLY, OR 24 ADMINISTRATIVELY LIABLE FOR THE EXERCISE OF THE RIGHT OF 25 CONSCIENCE BY A HEALTH-CARE PROFESSIONAL EMPLOYED BY, 26 CONTRACTED WITH, OR GRANTED ADMITTING PRIVILEGES BY THE 27 HB25-1255 -7- HEALTH-CARE INSTITUTION. 1 (5) (a) THIS ARTICLE 60 SHALL NOT BE INTERPRETED TO 2 UNDERMINE THE RIGHT OF A RELIGIOUS HEALTH-CARE PROVIDER TO MAKE 3 EMPLOYMENT STAFFING, CONTRACTING, ADMINISTRATIVE, AND 4 ADMITTING PRIVILEGE DECISIONS CONSISTENT WITH ITS RELIGIOUS BELIEFS 5 IF THE RELIGIOUS HEALTH-CARE PROVIDER: 6 (I) HOLDS ITSELF OUT TO THE PUBLIC AS RELIGIOUS; AND 7 (II) HAS INTERNAL OPERATING POLICIES OR PROCEDURES THAT 8 IMPLEMENT ITS RELIGIOUS PURPOSE OR MISSION. 9 (b) THIS ARTICLE 60 SHALL NOT BE CONSTRUED TO CONFLICT WITH 10 THE REQUIREMENTS OF THE FEDERAL "EMERGENCY MEDICAL TREATMENT 11 AND LABOR ACT", 42 U.S.C. SEC. 1395dd. 12 25-60-105. Whistleblower protections. (1) A HEALTH-CARE 13 PROVIDER SHALL NOT BE DISCRIMINATED AGAINST BECAUSE THE 14 HEALTH-CARE PROVIDER: 15 (a) PROVIDED, CAUSED TO BE PROVIDED, OR IS ABOUT TO PROVIDE 16 OR CAUSE TO BE PROVIDED INFORMATION RELATING TO AN ACT OR 17 OMISSION THAT THE HEALTH-CARE PROVIDER REASONABLY BELIEVES TO 18 BE A VIOLATION OF THIS ARTICLE 60 TO: 19 (I) THE HEALTH-CARE PROVIDER'S EMPLOYER; 20 (II) THE ATTORNEY GENERAL; 21 (III) A STATE AGENCY CHARGED WITH PROTECTING THE RIGHT OF 22 CONSCIENCE UNDER THIS ARTICLE 60; 23 (IV) THE OFFICE FOR CIVIL RIGHTS IN THE FEDERAL DEPARTMENT 24 OF HEALTH AND HUMAN SERVICES; OR 25 (V) ANY OTHER FEDERAL AGENCY CHARGED WITH PROTECTING 26 THE RIGHT OF CONSCIENCE; OR 27 HB25-1255 -8- (b) TESTIFIED, ASSISTED, OR PARTICIPATED IN OR IS PREPARING TO 1 TESTIFY, ASSIST, OR PARTICIPATE IN A PROCEEDING CONCERNING A 2 VIOLATION OF THIS ARTICLE 60. 3 (2) (a) UNLESS DISCLOSURE IS SPECIFICALLY PROHIBITED BY LAW, 4 A HEALTH-CARE PROVIDER SHALL NOT BE DISCRIMINATED AGAINST 5 BECAUSE THE HEALTH-CARE PROVIDER DISCLOSED INFORMATION, BY 6 FORMAL OR INFORMAL COMMUNICATION, TRANSMISSION, OR DISCUSSION, 7 THAT THE HEALTH-CARE PROVIDER REASONABLY BELIEVES 8 DEMONSTRATES: 9 (I) A VIOLATION OF A LAW, RULE, OR REGULATION; 10 (II) A VIOLATION OF AN ETHICAL GUIDELINE FOR THE PROVISION 11 OF MEDICAL TREATMENT; OR 12 (III) GROSS MISMANAGEMENT, GROSS WASTE OF FUNDS, AN ABUSE 13 OF AUTHORITY, A PRACTICE OR METHOD OF TREATMENT THAT MAY PUT 14 PATIENT HEALTH AT RISK, OR A SUBSTANTIAL AND SPECIFIC DANGER TO 15 PUBLIC HEALTH OR SAFETY. 16 (b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, THE 17 WHISTLEBLOWER PROTECTION DESCRIBED IN SUBSECTION (2)(a) OF THIS 18 SECTION DOES NOT APPLY IF THE DISCLOSURE CONCERNS THE LAWFUL 19 EXERCISE OF DISCRETIONARY DECISION-MAKING AUTHORITY, UNLESS THE 20 HEALTH-CARE PROVIDER REASONABLY BELIEVES THAT THE DISCLOSURE 21 DEMONSTRATES A VIOLATION OR MISCONDUCT LISTED IN SUBSECTIONS 22 (2)(a)(I) TO (2)(a)(III) OF THIS SECTION. 23 25-60-106. Free speech protections. (1) Free speech protected 24 from state violation. A STATE SUBDIVISION, AGENCY, DEPARTMENT, OR 25 BOARD CREATED IN ARTICLES 200 TO 310 OF TITLE 12 THAT REGULATES 26 THE PRACTICE OF MEDICAL TREATMENT SHALL NOT REPRIMAND OR 27 HB25-1255 -9- SANCTION, DENY OR REVOKE, OR THREATEN TO DENY OR REVOKE THE 1 LICENSE, CERTIFICATION, OR REGISTRATION OF, OR OTHERWISE 2 DISCRIMINATE AGAINST, A HEALTH-CARE PROVIDER FOR ENGAGING IN 3 SPEECH, EXPRESSION, OR ASSOCIATION THAT IS PROTECTED FROM 4 GOVERNMENT INTERFERENCE BY THE FIRST AMENDMENT TO THE UNITED 5 STATES CONSTITUTION OR SECTION 10 OF ARTICLE II OF THE STATE 6 CONSTITUTION, UNLESS THE SUBDIVISION, AGENCY, DEPARTMENT, OR 7 BOARD DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT THE 8 HEALTH-CARE PROVIDER'S SPEECH, EXPRESSION, OR ASSOCIATION WAS THE 9 DIRECT CAUSE OF PHYSICAL HARM TO AN INDIVIDUAL WITH WHOM THE 10 HEALTH-CARE PROVIDER HAD A PRACTITIONER-PATIENT RELATIONSHIP 11 WITHIN THE THREE YEARS IMMEDIATELY PRECEDING THE INCIDENT OF 12 PHYSICAL HARM. 13 (2) State protection from specialty board free speech 14 violations. A STATE SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD 15 SHALL NOT CONTRACT WITH, RECOGNIZE, APPROVE, OR REQUIRE AN 16 INDIVIDUAL TO OBTAIN CERTIFICATIONS OR CREDENTIALS ISSUED OR 17 APPROVED BY A SPECIALTY BOARD OR OTHER RECOGNIZING AGENCY THAT 18 REVOKES THE CERTIFICATION OF OR REFUSES TO ISSUE CERTIFICATION TO 19 AN INDIVIDUAL BECAUSE THE INDIVIDUAL HAS ENGAGED IN FREE SPEECH, 20 EXPRESSION, OR ASSOCIATION THAT IS PROTECTED FROM GOVERNMENT 21 INTERFERENCE BY THE FIRST AMENDMENT TO THE UNITED STATES 22 CONSTITUTION OR SECTION 10 OF ARTICLE II OF THE STATE CONSTITUTION, 23 WHERE THE INDIVIDUAL'S ENGAGEMENT IN FREE SPEECH WAS NOT IN THE 24 CONTEXT OF PROVIDING MEDICAL ADVICE OR TREATMENT TO A SPECIFIC 25 PATIENT. 26 (3) Notice of speech-based complaints. (a) A STATE 27 HB25-1255 -10- SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD THAT REGULATES THE 1 PROVISION OF MEDICAL TREATMENTS, PROCEDURES, OR SERVICES, OR A 2 SPECIALITY DEPARTMENT OR BOARD APPROVED OR RECOGNIZED BY ANY 3 STATE SUBDIVISION, SHALL GIVE TO A HEALTH-CARE PROVIDER, WITHIN 4 TWENTY-ONE DAYS AFTER RECEIPT, ANY COMPLAINTS RECEIVED 5 CONCERNING THE HEALTH-CARE PROVIDER THAT: 6 (I) ARE BASED ON SPEECH, EXPRESSION, OR ASSOCIATION THAT IS 7 PROTECTED FROM GOVERNMENT INTERFERENCE BY THE FIRST AMENDMENT 8 TO THE UNITED STATES CONSTITUTION OR SECTION 10 OF ARTICLE II OF 9 THE STATE CONSTITUTION; AND 10 (II) MAY RESULT IN THE REVOCATION OF A LICENSE, 11 CERTIFICATION, OR REGISTRATION. 12 (b) THE STATE SUBDIVISION, AGENCY, DEPARTMENT, OR BOARD, 13 OR SPECIALITY DEPARTMENT OR BOARD, SHALL PAY TO THE HEALTH-CARE 14 PROVIDER AN ADMINISTRATIVE PENALTY OF FIVE HUNDRED DOLLARS FOR 15 EACH DAY IN WHICH A COMPLAINT IS NOT GIVEN TO THE HEALTH-CARE 16 PROVIDER AFTER THE TWENTY-ONE-DAY DEADLINE SET FORTH IN 17 SUBSECTION (3)(a) OF THIS SECTION. 18 25-60-107. Civil remedies. (1) Civil action for a violation of 19 right of conscience. (a) ANY PARTY AGGRIEVED BY A VIOLATION OF THIS 20 ARTICLE 60, UPON LEARNING OF THE VIOLATION, MAY COMMENCE A CIVIL 21 ACTION AND, UPON THE FINDING OF A VIOLATION, IS ENTITLED TO: 22 (I) INJUNCTIVE AND DECLARATORY RELIEF; AND 23 (II) MONETARY DAMAGES, ALONG WITH COSTS TO BRING THE 24 ACTION AND REASONABLE ATTORNEY FEES. 25 (b) DAMAGES SOUGHT OR AWARDED PURSUANT TO SUBSECTION 26 (1)(a)(II) OF THIS SECTION ARE CUMULATIVE AND NOT LIMITED BY ANY 27 HB25-1255 -11- OTHER REMEDIES AVAILABLE UNDER ANOTHER FEDERAL, STATE, OR 1 MUNICIPAL LAW. 2 (2) ADDITIONAL BURDEN OR EXPENSE ON ANOTHER HEALTH-CARE 3 PROVIDER ARISING FROM THE EXERCISE OF THE RIGHT OF CONSCIENCE 4 PROTECTED UNDER THIS ARTICLE 60 IS NOT A DEFENSE TO A VIOLATION OF 5 THIS ARTICLE 60. 6 (3) A CIVIL ACTION SHALL NOT BE BROUGHT AGAINST AN 7 INDIVIDUAL WHO DECLINES TO USE OR PURCHASE A MEDICAL PROCEDURE, 8 TREATMENT, OR SERVICE FROM A SPECIFIC HEALTH-CARE PROVIDER BASED 9 ON THE HEALTH-CARE PROVIDER EXERCISING THE HEALTH-CARE 10 PROVIDER'S RIGHT OF CONSCIENCE GRANTED UNDER THIS ARTICLE 60. 11 25-60-108. Severability. IF ANY PROVISION OF THIS ARTICLE 60 OR 12 THE APPLICATION OF THIS ARTICLE 60 TO ANY PERSON OR CIRCUMSTANCE 13 IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR 14 APPLICATIONS OF THIS ARTICLE 60 THAT CAN BE GIVEN EFFECT WITHOUT 15 THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE 16 PROVISIONS OF THIS ARTICLE 60 ARE DECLARED TO BE SEVERABLE. 17 SECTION 2. Act subject to petition - effective date - 18 applicability. (1) This act takes effect at 12:01 a.m. on the day following 19 the expiration of the ninety-day period after final adjournment of the 20 general assembly; except that, if a referendum petition is filed pursuant 21 to section 1 (3) of article V of the state constitution against this act or an 22 item, section, or part of this act within such period, then the act, item, 23 section, or part will not take effect unless approved by the people at the 24 general election to be held in November 2026 and, in such case, will take 25 effect on the date of the official declaration of the vote thereon by the 26 governor. 27 HB25-1255 -12- (2) This act applies to conduct occurring on or after the applicable 1 effective date of this act. 2 HB25-1255 -13-