Text of MO SB 1141 (2026)
Creates provisions relating to the right to refuse to participate in certain medical treatment
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As introduced
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SECOND REGULAR SESSION
SENATE BILL NO. 1141
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
4462S.02I
KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 191, RSMo, by adding thereto one new section relating to the right to refuse to
participate in certain medical treatments.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto
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one new section, to be known as section 191.1705, to read as
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follows:
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191.1705. 1. As used in this section, the following
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terms mean:
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(1) "Health care institution", any public or private
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hospital, outpatient center for primary care, medical
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center, physician organization, health care professional
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association, outpatient center for surgical services,
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private physician's office, pharmacy, long-term care
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facility, medical school, nursing school, medical training
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facility, or other entity or location in which health care
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services are performed;
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(2) "Health care professional", any physician; nurse
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practitioner or other nurse; physician assistant; nurse's
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aide; allied health professional; medical assistant;
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employee of a hospital, outpatient center for primary care,
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outpatient center for surgical services, long-term care
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facility, or pharmacy; pharmacist; pharmacy technician;
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medical school faculty member or student; nursing school
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faculty member or student; psychology or counseling faculty
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member or student; medical researcher; laboratory
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technician; counselor; social worker; or other person who
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facilitates or participates in a health care service;
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(3) "Sex reassignment or gender identity
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transitioning", the process in which a person transitions
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from identifying with and living as a gender that
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corresponds to his or her biological sex to identifying with
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and living as a gender different from his or her biological
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sex and may involve social, legal, or physical changes.
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2. No health care institution or any health care
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professional or other person shall be required to perform,
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assist, or participate in medical procedures, treatments,
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counseling, prescriptions, or surgeries related to sex
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reassignment or gender identity transitioning if such
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procedures, treatments, counseling, prescriptions, or
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surgeries are contrary to the established policy of, or the
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moral, ethical, or religious beliefs of, such health care
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institution, health care professional, or other person.
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3. No person or institution shall be:
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(1) Denied or discriminated against in the receipt of
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any public benefit, assistance, or privilege whatsoever; or
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(2) Denied or discriminated against in any public or
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private employment by any means including, but not limited
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to, any adverse action related to hiring, promotion,
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advancement, transfer, licensing, education, training, or
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granting of hospital privileges or staff appointments on the
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grounds that the person or institution refuses to perform,
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assist, or participate in medical procedures, treatments,
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counseling, prescriptions, or surgeries related to sex
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reassignment or gender identity transitioning.
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4. No cause of action shall accrue against any such
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health care institution, health care professional, or other
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person on account of such refusal to perform, assist, or
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participate in medical procedures, treatments, counseling,
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prescriptions, or surgeries related to sex reassignment or
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gender identity transitioning. This section may be used as
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a defense in any purported action related to or arising out
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of the exercise of the rights protected by this section. A
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health care institution, health care professional, or other
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person protected by this section who is aggrieved by a
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violation of the protections afforded under this section may
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commence a civil action at law, or in equity, for damages
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and injunctive or other appropriate relief. A prevailing
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party who establishes a violation of the rights protected by
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this section shall be awarded reasonable attorney's fees.
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5. Nothing in this section shall be construed to allow
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any person to deny visitation, recognition of a designated
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representative for health care decision-making, or emergency
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medical treatment necessary to cure an illness or injury as
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required by law in accordance with the Emergency Medical
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Treatment and Labor Act, 42 U.S.C. Section 1395dd, in effect
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on January 1, 2026.
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