Text of LA HB 1121 (2026)

HLS 26RS-1118 ORIGINAL 2026 Regular Session HOUSE BILL NO. 1121 BY REPRESENTATIVE VENTRELLA HEALTH CARE/PROVIDERS: Authorizes certain healthcare entities to refuse to provide healthcare services under certain circumstances 1 AN ACT 2 To enact R.S. 40:1300.81, relative to the provision of health care; to authorize healthcare 3 institutions, healthcare payors, and licensed healthcare professionals to refuse to 4 provide healthcare services in certain circumstances; to provide for moral objection 5 to certain healthcare services; to prohibit adverse actions; to provide for liability; to 6 provide for definitions; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 40:1300.81 is hereby enacted to read as follows: 9 §1300.81. Exercise of conscience for healthcare institutions, healthcare payors, and 10 licensed healthcare professionals 11 A. As used in this Section, the following terms have the following meanings: 12 (1) "Adverse action" includes but is not limited to all of the following: 13 (a) Termination, suspension, demotion, or reduction in compensation. 14 (b) Revocation, suspension, or restriction of professional licensure. 15 (c) Placement on unpaid leave. 16 (d) Material alteration of employment terms. 17 (e) Retaliatory investigation or disciplinary proceedings. 18 (2) "Conscience" means the ethical, moral, or religious beliefs or principles 19 held by a licensed healthcare professional, healthcare institution, or healthcare payor. 20 With respect to persons who are institutions, corporations, or other legal entities, Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1118 ORIGINAL HB NO. 1121 1 "conscience" is determined by reference to that entity’s governing documents 2 including but not limited to published ethical, moral, or religious guidelines or 3 directives, mission statements, constitutions, articles of incorporation, bylaws, 4 policies, or regulations. 5 (3) "Discrimination" means an adverse action, including but not limited to 6 any penalty, disciplinary, or retaliatory action taken against, or a threat of adverse 7 action communicated to, a licensed healthcare professional, healthcare institution, 8 or healthcare payor as a result of the refusal of the licensed healthcare professional, 9 healthcare institution, or healthcare payor to participate in a healthcare service on the 10 basis of conscience. "Discrimination" does not include the negotiation or purchase 11 of insurance or a healthcare service by a nongovernmental entity or individual, the 12 refusal to use or purchase insurance or a healthcare service by a nongovernmental 13 entity or individual, or a healthcare institution’s good faith effort to accommodate 14 a licensed healthcare professional’s, healthcare institution’s, or healthcare payor’s 15 exercise of conscience. 16 (4) "Healthcare institution" means an organization, corporation, partnership, 17 association, agency, network, sole proprietorship, joint venture, or other entity that 18 provides a healthcare service. 19 (5) "Healthcare payor" means an employer; a health plan; a management 20 services organization; any entity, including a healthcare service corporation, health 21 maintenance organization, or similar corporation or organization, or an employer 22 offering self-insurance, that provides a health benefit plan; or any other entity that 23 pays for or arranges for payment for, in whole or in part, a healthcare service. 24 (6) "Healthcare service" means medical research and medical care provided 25 to a patient or client at any time during the patient’s or client’s course of treatment 26 including but not limited to testing; diagnosis; record making; referral; prescribing, 27 dispensing, or administering any drug, medication, or device; therapy or counseling; 28 and preparation or arrangement for a surgical procedure. Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1118 ORIGINAL HB NO. 1121 1 (7) "Licensed healthcare professional" means a person who facilitates or 2 participates or who is asked to facilitate or participate in a healthcare service, 3 including but not limited to a health-related professional licensed by a board, and any 4 other person licensed, certified, or otherwise authorized or permitted by the laws of 5 this state to administer a healthcare service in the ordinary course of business or in 6 the practice of a profession. "Licensed healthcare professional" includes any student 7 enrolled in an educational institution who is a prospective licensed healthcare 8 professional. 9 (8) "Participate in a healthcare service" means to provide, perform, assist 10 with, facilitate, refer for, provide counseling for, advise with regard to, admit for the 11 purposes of providing, or take part in a healthcare service in any way. 12 B.(1)(a) A licensed healthcare professional, healthcare institution, or 13 healthcare payor has the right not to participate in or pay for a healthcare service that 14 violates the licensed healthcare professional’s, healthcare institution’s, or healthcare 15 payor’s conscience. This Paragraph shall not be construed to waive or modify a duty 16 a licensed healthcare professional, healthcare institution, or healthcare payor may 17 have to participate in or pay for a healthcare service that does not violate the licensed 18 healthcare professional’s conscience. 19 (b) A licensed healthcare professional, healthcare institution, or healthcare 20 payor who refuses to participate in a healthcare service in accordance with this 21 Section shall not be discriminated against for the licensed healthcare professional’s, 22 healthcare institution’s, or healthcare payor’s exercise of conscience. 23 (2) A healthcare payor shall not decline to pay for a healthcare service due 24 to a licensed healthcare professional’s, healthcare institution’s, or healthcare payor’s 25 refusal to participate in a healthcare service in accordance with this Section if the 26 healthcare payor is contractually obligated to pay for the healthcare service. 27 (3) This Section shall not be construed to relieve a healthcare institution of 28 the requirement to provide emergency medical services to individuals as required in 29 accordance with 42 U.S.C. 1395dd. Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1118 ORIGINAL HB NO. 1121 1 (4) Notwithstanding any other provision of this Section to the contrary, a 2 licensed healthcare professional, healthcare institution, or healthcare payor that holds 3 itself out to the public as religion-based, states in the entity’s governing documents 4 that the entity has a religious purpose or mission, and that has internal operating 5 policies or procedures that implement the entity’s religious beliefs has the right to 6 make employment, staffing, contracting, and admitting privilege decisions consistent 7 with the entity’s religious beliefs. 8 C.(1) A licensed healthcare professional, healthcare institution, or healthcare 9 payor shall not be civilly, criminally, or administratively liable for the licensed 10 healthcare professional’s, healthcare institution’s, or healthcare payor’s exercise of 11 conscience. 12 (2) A healthcare institution shall not be civilly, criminally, or 13 administratively liable for the exercise of conscience by a licensed healthcare 14 professional employed, contracted, or granted admitting privileges by the healthcare 15 institution. 16 D.(1) No employer of a licensed healthcare professional shall take adverse 17 action against the healthcare professional solely for providing a healthcare treatment, 18 procedure, or product with the informed consent of the patient and within the scope 19 of the professional’s lawful practice. 20 (2) The provisions of this Subsection apply regardless of whether the 21 treatment, procedure, or product is approved by a governmental or medical authority 22 provided the healthcare professional acts in accordance with applicable standards of 23 care, state, and federal law. 24 E.(1) No employer, healthcare professional licensing board, healthcare 25 payor, or state governmental entity shall take adverse action against a licensed 26 healthcare professional for expressing, in a private or public capacity, a professional 27 opinion related to healthcare if the opinion is made in good faith and within the 28 scope of the professional’s competence. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1118 ORIGINAL HB NO. 1121 1 (2) Nothing in this Section shall be construed to prohibit a licensing board 2 from regulating fraudulent, knowingly false, or grossly negligent statements in 3 accordance with state and federal law. 4 F.(1) A healthcare licensing board or regulatory agency shall not impose 5 disciplinary action against a licensed healthcare professional solely for expressing 6 a professional opinion or furnishing supporting medical literature if such conduct 7 does not constitute fraud or gross negligence. 8 (2) Prior to imposing disciplinary action based upon a professional statement 9 or treatment decision, the licensing board shall provide notice and an opportunity for 10 the healthcare professional to respond in accordance with administrative procedures 11 and due process requirements. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 1121 Original 2026 Regular Session Ventrella Abstract: Authorizes healthcare institutions, healthcare payors, and health professionals to object to providing healthcare services in circumstances where the entity or professional opposes for ethical, moral, or religious reasons. Proposed law provides for definitions. Proposed law grants licensed healthcare professionals, healthcare institutions, and healthcare payors the right to decline participation in or payment for a healthcare service that violates his conscience. Proposed law prohibits discrimination against a healthcare professional, healthcare institution, or healthcare payor for exercising conscience rights under the proposed law. Proposed law provides that a healthcare payor shall not refuse payment for a healthcare service when contractually obligated to pay for the service due to another party’s refusal to participate based on conscience. Proposed law clarifies that healthcare institutions remain subject to federal requirements to provide emergency medical services. Proposed law allows religion-based healthcare entities to make employment, staffing, contracting, and admitting privilege decisions consistent with their religious beliefs. Proposed law provides that healthcare professionals, healthcare institutions, and healthcare payors are not subject to civil, criminal, or administrative liability for exercising conscience rights. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1118 ORIGINAL HB NO. 1121 Proposed law provides that healthcare institutions are not liable for a healthcare professional’s exercise of conscience. Proposed law prohibits employers from taking adverse action against a healthcare professional solely for providing lawful healthcare treatment with a patient’s informed consent and within the professional’s scope of practice. Proposed law applies these protections when the healthcare professional acts in accordance with applicable standards of care, state, and federal law. Proposed law prohibits employers, licensing boards, healthcare payors, and state agencies from taking adverse action against a healthcare professional for expressing a good-faith professional opinion related to healthcare within the professional’s competence. Proposed law allows licensing boards to continue to regulate fraudulent, knowingly false, or grossly negligent statements. Proposed law prohibits licensing boards or regulatory agencies from disciplining a healthcare professional solely for expressing a professional opinion or providing supporting medical literature unless the conduct constitutes fraud or gross negligence. Proposed law requires licensing boards to provide notice and an opportunity to respond before imposing disciplinary action related to a professional statement or treatment decision. (Adds R.S. 40:1300.81) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.