Text of UT SB 174 (2026)

01-21 12:58 S.B. 174 1 Exercise of Religious Beliefs and Conscience Amendments 2026 GENERAL SESSION STATE OF UTAH Chief Sponsor: Keven J. Stratton House Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill addresses the right of a person to refuse to participate in certain activities relating 6 to a health care service that violates the person's conscience. 7 Highlighted Provisions: 8 This bill: 9 ▸ defines terms; 10 ▸ provides that a health care provider, health care institution, or health care payer has a right 11 of conscience that permits the provider, institution, or payer to refuse to provide, 12 participate in, pay for, or arrange payment for a health care service that violates the 13 person's conscience; 14 ▸ protects a person who exercises the person's right of conscience from being held civilly, 15 criminally, or administratively liable for exercising the right; 16 ▸ requires a medical practitioner who refuses, under the right of conscience, to participate in 17 a health care service, to provide notice to the health care institution where the service is 18 provided; 19 ▸ prohibits discrimination or adverse action against a person in retaliation to the person 20 exercising the person's right of conscience; 21 ▸ requires a health care payer agreement to disclose the health care services that the health 22 care payer does not pay for due to the exercise of the right of conscience; 23 ▸ requires certain government entities to investigate and take administrative action against a 24 person, regulated by the government entity, who violates the provisions of this bill 25 relating to the exercise of the right of conscience; 26 ▸ permits legal action, under certain circumstances, against a person who violates the 27 provisions of this bill relating to the exercise of a right of conscience; 28 ▸ permits a health care provider, on religious or moral grounds, to refuse to perform or 29 participate in the disposal of remains from the termination of a pregnancy; and 30 ▸ makes technical changes. S.B. 174 S.B. 174 01-21 12:58 31 Money Appropriated in this Bill: 32 None 33 Other Special Clauses: 34 None 35 Utah Code Sections Affected: 36 AMENDS: 37 76-7-306, as last amended by Laws of Utah 2023, Chapter 330 38 ENACTS: 39 63G-33-301, Utah Code Annotated 1953 40 63G-33-302, Utah Code Annotated 1953 41 63G-33-303, Utah Code Annotated 1953 42 63G-33-304, Utah Code Annotated 1953 43 63G-33-305, Utah Code Annotated 1953 44 63G-33-306, Utah Code Annotated 1953 45 46 Be it enacted by the Legislature of the state of Utah: 47 Section 1. Section 63G-33-301 is enacted to read: 48 Part 3. Free Exercise of Conscience 49 63G-33-301 . Definitions. 50 As used in this part: 51 (1) "Adverse action" means: 52 (a) termination of employment; 53 (b) a demotion; 54 (c) an adverse administrative action; 55 (d) increased administrative duties; 56 (e) refusal of staff privileges; 57 (f) refusal of board certification; 58 (g) loss of career specialty; 59 (h) reduction of wages, benefits, or privileges; 60 (i) refusal to award a grant, contract, or other program; 61 (j) refusal to provide residency training opportunities; 62 (k) denial, deprivation, or disqualification of licensure; 63 (l) withholding or disqualifying from financial aid or other assistance; 64 (m) an impediment to creating, expanding, or improving, a health care institution or - 2 - 01-21 12:58 S.B. 174 65 health care payer; 66 (n) an impediment to acquiring, associating with, or merging with another health care 67 institution or health care payer; or 68 (o) another penalty, disciplinary action, or retaliatory action. 69 (2) "Conscience" means: 70 (a) the religious, moral, or ethical beliefs or principles held by an individual who is a 71 health care provider, health care institution, or health care payer; or 72 (b) the religious, moral, or ethical beliefs or principles held by an entity that is a health 73 care provider, health care institution, or health care payer, as determined by reference 74 to the entity's governing documents, including: 75 (i) published religious, moral, or ethical guidelines or directives; 76 (ii) a mission statement; 77 (iii) a constitution; 78 (iv) articles of incorporation; or 79 (v) bylaws, policies, or regulations. 80 (3) "Discriminate" means taking an adverse action, or threatening to take an adverse action, 81 against a health care provider, health care institution, or health care payer as a result of: 82 (a) deciding to not participate in a health care service on the basis of conscience; or 83 (b) reporting, or threatening to report, a violation of this part. 84 (4) "Division of Professional Licensing" means the Division of Professional Licensing, 85 created in Section 58-1-103. 86 (5) "Health care institution" means a person licensed, certified, or regulated under Title 87 26B, Chapter 2, Licensing and Certifications. 88 (6) "Health care payer" means an employer, a health plan as defined in 45 C.F.R. Sec. 89 160.103, a health maintenance organization as defined in Section 31A-8-101, an 90 insurance company, a management services organization, or another person that: 91 (a)(i) is a health care sharing ministry as defined in 26 U.S.C. Section 92 5000A(d)(2)(B)(ii); or 93 (ii)(A) holds itself out to the public as religious; 94 (B) states in the person's governing documents that the person has a religious 95 purpose or mission; and 96 (C) has internal operating policies or procedures that implement the person's 97 religious beliefs; and 98 (b) pays, in whole or in part for, or arranges for the payment, in whole or in part of, a - 3 - S.B. 174 01-21 12:58 99 health care service provided to a patient. 100 (7) "Health care provider" means: 101 (a) a person licensed, certified, or regulated under: 102 (i) Title 58, Chapter 5a, Podiatric Physician Licensing Act; 103 (ii) Title 58, Chapter 15, Health Facility Administrator Act; 104 (iii) Title 58, Chapter 16a, Utah Optometry Practice Act; 105 (iv) Title 58, Chapter 17b, Pharmacy Practice Act; 106 (v) Title 58, Chapter 24b, Physical Therapy Practice Act; 107 (vi) Title 58, Chapter 24c, Physical Therapy Licensure Compact; 108 (vii) Title 58, Chapter 31b, Nurse Practice Act; 109 (viii) Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact; 110 (ix) Title 58, Chapter 31e, Nurse Licensure Compact - Revised; 111 (x) Title 58, Chapter 40, Recreational Therapy Practice Act; 112 (xi) Title 58, Chapter 40a, Athletic Trainer Licensing Act; 113 (xii) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; 114 (xiii) Title 58, Chapter 41a, Audiology and Speech-language Pathology Interstate 115 Compact; 116 (xiv) Title 58, Chapter 42a, Occupational Therapy Practice Act; 117 (xv) Title 58, Chapter 42b, Occupational Therapy Licensure Compact; 118 (xvi) Title 58, Chapter 44a, Nurse Midwife Practice Act; 119 (xvii) Title 58, Chapter 54, Radiologic Technologist, Radiologist Assistant, and 120 Radiology Practical Technician Licensing Act; 121 (xviii) Title 58, Chapter 57, Respiratory Care Practices Act; 122 (xix) Title 58, Chapter 60, Mental Health Professional Practice Act; 123 (xx) Title 58, Chapter 60a, Counseling Compact; 124 (xxi) Title 58, Chapter 60b, Social Work Licensure Compact; 125 (xxii) Title 58, Chapter 61, Psychologist Licensing Act; 126 (xxiii) Title 58, Chapter 61b, Psychology Interjurisdictional Compact; 127 (xxiv) Title 58, Chapter 67, Utah Medical Practice Act; 128 (xxv) Title 58, Chapter 67b, Interstate Medical Licensure Compact; 129 (xxvi) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; 130 (xxvii) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; 131 (xxviii) Title 58, Chapter 70a, Utah Physician Assistant Act; 132 (xxix) Title 58, Chapter 70b, Anesthesiologist Assistant Licensing Act; - 4 - 01-21 12:58 S.B. 174 133 (xxx) Title 58, Chapter 70c, PA Licensure Compact; 134 (xxxi) Title 58, Chapter 71, Naturopathic Physician Practice Act; 135 (xxxii) Title 58, Chapter 73, Chiropractic Physician Practice Act; 136 (xxxiii) Title 58, Chapter 75, Genetic Counselors Licensing Act; 137 (xxxiv) Title 58, Chapter 77, Direct-Entry Midwife Act; 138 (xxxv) Title 58, Chapter 80a, Medical Language Interpreter Act; 139 (xxxvi) Title 58, Chapter 81, Retired Volunteer Health Care Practitioner Act; and 140 (xxxvii) Title 58, Chapter 88, General Health Professions; or 141 (b) an individual employed or supervised by: 142 (i) a person described in Subsection (7)(a); or 143 (ii) a health care facility. 144 (8)(a) "Health care service" means medical care provided to a patient at a single time or 145 over a period of time. 146 (b) "Health care service" includes: 147 (i) examination; 148 (ii) testing; 149 (iii) diagnosis; 150 (iv) dispensing or administering a drug, medication, or device; 151 (v) psychological therapy or counseling; 152 (vi) research; 153 (vii) prognosis; 154 (viii) therapy; 155 (ix) giving medical advice or taking action based on medical advice; 156 (x) other care or services provided by a health care provider; or 157 (xi) the withholding or withdrawal of life-sustaining care or treatment. 158 (9) "Religious based" means that a health care provider, health care institution, or health 159 care payer: 160 (a) holds itself out to the public as religious based; 161 (b) states in the health care provider's, health care institution's, or health care payer's 162 governing documents that the health care provider, health care institution, or health 163 care payer has a religious purpose or mission; and 164 (c) has internal operating policies or procedures that implement the health care 165 provider's, health care institution's, or health care payer's religious beliefs. 166 (10) "Right of conscience" means the right described in Subsection 63G-33-302(1)(a). - 5 - S.B. 174 01-21 12:58 167 Section 2. Section 63G-33-302 is enacted to read: 168 63G-33-302 . Right to refuse participation in certain matters due to a violation of 169 conscience -- Limitations and alternatives -- Disclosure of exercise of right to conscience. 170 (1) Except as provided in Subsection (2), a health care provider, health care institution, or 171 health care payer: 172 (a) may refuse to participate in, or pay in whole or in part for, a health care service that 173 violates the health care provider's, health care institution's, or health care payer's 174 conscience; and 175 (b) is not, and may not be held, civilly, criminally, or administratively liable for 176 exercising the health care provider's, health care institution's, or health care payer's 177 right of conscience. 178 (2) The right of conscience does not include refusal of, and may not be used to refuse, a 179 health care service based on an individual's race. 180 (3) A health care institution is not, and may not be held, civilly, criminally, or 181 administratively liable for any claim related to, or arising out of, the exercise of the right 182 of conscience by a health care provider employed, contracted, or granted admitting 183 privileges by the health care institution. 184 (4) A religious based health care provider, health care institution, or health care payer may 185 make employment, staffing, contracting, and admitting privilege decisions consistent 186 with the health care provider's, health care institution's, or health care payer's religious 187 beliefs. 188 (5)(a) This part does not override the requirement to provide emergency medical 189 treatment to all patients under 42 U.S.C. Sec. 1395dd or any other federal law or 190 regulation. 191 (b) Exercise of the right of conscience is limited to conscience-based objections to a 192 particular health care service. 193 (c) This part does not waive or modify a duty of a health care provider, health care 194 institution, or health care payer to provide other medical services that do not violate 195 the health care provider's, health care institution's, or health care payer's conscience. 196 (d) A health care provider or health care institution that exercises the right of conscience 197 may, at the health care provider's or health care institution's sole discretion, if 198 requested by the patient or a legal representative of the patient, refer the patient to, 199 transfer the patient to, or provide information to the patient about, other health care 200 providers or health care institutions that the referring health care provider or health - 6 - 01-21 12:58 S.B. 174 201 care institution reasonably believes may offer the health care service that the medical 202 practitioner or health care institution refuses, under the right of conscience, to 203 provide. 204 (6) A medical practitioner who refuses, under the right of conscience, to participate in a 205 health care service shall: 206 (a) disclose to the medical practitioner's employer and to the health care institution 207 where the medical procedure is to be performed: 208 (i) the medical procedure; and 209 (ii) that the medical practitioner refuses to participate in the medical procedure 210 because the medical procedure violates the medical practitioner's conscience; and 211 (b) make the disclosure described in Subsection (6)(a) within a reasonable amount of 212 time after the medical practitioner becomes aware, or should have been aware, that 213 the medical procedure is to be performed. 214 (7) An employer and a health care institution described in Subsection (6) shall make every 215 reasonable effort to properly document the objection status of a medical practitioner that 216 makes a disclosure described in Subsection (6). 217 Section 3. Section 63G-33-303 is enacted to read: 218 63G-33-303 . Discrimination prohibited. 219 (1) A person may not discriminate against a health care provider, health care institution, or 220 health care payer: 221 (a) as a primary result of the health care provider's, health care institution's, or health 222 care payer's exercise of the right of conscience; or 223 (b) because the person believes that the health care provider, health care institution, or 224 health care payer: 225 (i) alleged, or may allege, a violation of this part; 226 (ii) provided, caused to be provided, or may provide or cause to be provided, 227 information relating to a potential violation of this part; or 228 (iii) testified, assisted, or participated in, or may testify, assist, or participate in, an 229 investigation or proceeding regarding a potential violation of this part. 230 (2) Subsection (1) does not permit a health care provider, health care institution, or health 231 care payer to disclose information in violation of a provision of law. 232 Section 4. Section 63G-33-304 is enacted to read: 233 63G-33-304 . Health care payer -- Documentation and notice requirements. 234 (1) Except as provided in Subsection (2), a contract, policy, or other document executed - 7 - S.B. 174 01-21 12:58 235 between a person and a health care payer that requires the health care payer to pay for, 236 or arrange for the payment of, a health care service provided to the person shall contain a 237 statement, in bold type: 238 (a) stating that some health care services may not be provided, paid for, or arranged for 239 payment, by the health care payer because the provision of those services violates the 240 health care payer's conscience as defined in Section 63G-33-301; and 241 (b) listing, or disclosing a location on the internet that lists, the health care services the 242 health care payer will not provide, pay for, or arrange payment for under Subsection 243 (1). 244 (2) Subsection (1) does not apply to a health care payer that will not refuse to pay for, or 245 refuse to arrange the payment of, any health care service. 246 Section 5. Section 63G-33-305 is enacted to read: 247 63G-33-305 . Administrative enforcement -- Court action. 248 (1)(a) A health care provider, health care institution, or health care payer may file a 249 complaint with the Division of Professional Licensing alleging a violation of this part 250 by a health care provider. 251 (b) The Division of Professional Licensing shall investigate a complaint described in 252 Subsection (1)(a) and take action, under Title 58, Occupations and Professions, 253 against a health care provider that violates this part, or may bring a legal action in a 254 court with jurisdiction against a health care provider that violates this part, to: 255 (i) enforce the provisions of this part; and 256 (ii) if applicable, impose a penalty for the violation. 257 (c) If the Division of Professional Licensing fails to investigate and take action under 258 Subsection (1)(b), the health care provider, health care institution, or health care 259 payer that filed the complaint may bring an action in a court with jurisdiction for the 260 alleged violation of this part. 261 (d) If the Division of Professional Licensing brings a legal action under Subsection (2)(b), 262 or a health care provider, health care institution, or health care payer brings a legal 263 action under Subsection (2)(c), the person who brings the action: 264 (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or 265 damages; and 266 (ii) if the person prevails in the action, is entitled to an award for reasonable attorney 267 fees and costs. 268 (2)(a) A health care provider, health care institution, or health care payer may file a - 8 - 01-21 12:58 S.B. 174 269 complaint with the Department of Health and Human Services alleging a violation of 270 this part by a health care institution. 271 (b) The Department of Health and Human Services shall investigate a complaint 272 described in Subsection (1)(a) and take action, under Title 26B, Chapter 2, Licensing 273 and Certifications, against a health care institution that violates this part, or may bring 274 a legal action in a court with jurisdiction against a health care institution that violates 275 this part, to: 276 (i) enforce the provisions of this part; and 277 (ii) if applicable, impose a penalty for the violation. 278 (c) If the Department of Health and Human Services fails to investigate and take action 279 under Subsection (2)(b), the health care provider, health care institution, or health 280 care payer that filed the complaint may bring an action in a court with jurisdiction for 281 the alleged violation of this part. 282 (d) If the Department of Health and Human Services brings a legal action under 283 Subsection (2)(b), or a health care provider, health care institution, or health care 284 payer brings a legal action under Subsection (2)(c), the person who brings the action: 285 (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or 286 damages; and 287 (ii) if the person prevails in the action, is entitled to an award for reasonable attorney 288 fees and costs. 289 (3)(a) A health care provider, health care institution, or health care payer may file a 290 complaint alleging a violation of this part by a health care payer to the state entity 291 that regulates the health care payer. 292 (b) The state entity that regulates the health care payer shall investigate a complaint 293 described in Subsection (3)(a) and take administrative action against a health care 294 payer that violates this part, or may bring a legal action in a court with jurisdiction 295 against a health care payer that violates this part, to: 296 (i) enforce the provisions of this part; and 297 (ii) if applicable, impose a penalty for the violation. 298 (c) If the state entity that regulates the health care payer fails to investigate and take 299 action under Subsection (3)(b), the health care provider, health care institution, or 300 health care payer that filed the complaint may bring an action in a court with 301 jurisdiction for the alleged violation of this part. 302 (d) If the state entity that regulates the health care payer brings a legal action under - 9 - S.B. 174 01-21 12:58 303 Subsection (3)(b), or a health care provider, health care institution, or health care 304 payer brings a legal action under Subsection (3)(c), the person who brings the action: 305 (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or 306 damages; and 307 (ii) if the person prevails in the action, is entitled to an award for reasonable attorney 308 fees and costs. 309 Section 6. Section 63G-33-306 is enacted to read: 310 63G-33-306 . Effect upon related provisions of law. 311 The provisions of this part are applicable and available in addition to, and not in lieu of, 312 the provisions of Section 76-7-306, relating to abortion, the termination of a pregnancy, or the 313 disposal of remains. 314 Section 7. Section 76-7-306 is amended to read: 315 76-7-306 . Refusal to participate, admit, or treat for abortion based on religious 316 or moral grounds -- Cause of action. 317 (1) As used in this section: 318 (a) "Health care facility" [is as] means the same as that term is defined in Section 319 26B-2-201. 320 (b) "Health care provider" means an individual who is an employee of, has practice 321 privileges at, or is otherwise associated with a health care facility. 322 (2) A health care provider may, on religious or moral grounds, refuse to perform or 323 participate in any way, in: 324 (a) an abortion;[ or] 325 (b) a procedure that is intended to, or likely to, result in the termination of a pregnancy[.] ; 326 or 327 (c) the disposal of remains resulting from an abortion or a procedure described in 328 Subsection (2)(b). 329 (3) Except as otherwise required by law, a health care facility may refuse, on religious or 330 moral grounds, to: 331 (a) admit a patient for an abortion procedure or another procedure that is intended to, or 332 likely to, result in the termination of a pregnancy; or 333 (b) perform for a patient an abortion procedure or another procedure that is intended to, 334 or likely to, result in the termination of a pregnancy. 335 (4) A health care provider's refusal under Subsection (2) [and] or a health care facility's 336 refusal under Subsection (3) may not be the basis for civil liability or other recriminatory - 10 - 01-21 12:58 S.B. 174 337 action. 338 (5) A health care facility, employer, or other person may not take an adverse action against 339 a health care provider for exercising the health care provider's right of refusal described 340 in Subsection (2), or for bringing or threatening to bring an action described in 341 Subsection (6), including: 342 (a) dismissal; 343 (b) demotion; 344 (c) suspension; 345 (d) discipline; 346 (e) discrimination; 347 (f) harassment; 348 (g) retaliation; 349 (h) adverse change in status; 350 (i) termination of, adverse alteration of, or refusal to renew an association or agreement; 351 or 352 (j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status 353 that the health care provider would have otherwise received. 354 (6)(a) A person who is adversely impacted by conduct prohibited in Subsection (5) may 355 bring a civil action for equitable relief, including reinstatement, and for damages. 356 (b) A person who brings an action under this section must commence the action within 357 three years after the day on which the cause of action arises. 358 Section 8. Effective Date. 359 This bill takes effect on May 6, 2026. - 11 -

Enrolled Copy S.B. 174 1 Exercise of Religious Beliefs and Conscience Amendments 2026 GENERAL SESSION STATE OF UTAH Chief Sponsor: Keven J. Stratton House Sponsor: Karianne Lisonbee 2 3 LONG TITLE 4 General Description: 5 This bill addresses the right of a person to refuse to participate in certain activities relating 6 to a health care service that violates the person's religious beliefs or conscience. 7 Highlighted Provisions: 8 This bill: 9 ▸ defines terms; 10 ▸ provides that a health care provider has a right of religious belief or conscience that 11 permits the health care provider to refuse to provide or participate in a health care 12 service that violates the health care provider's religious beliefs or conscience; 13 ▸ protects a person who exercises the person's right of religious belief or conscience from 14 being held civilly, criminally, or administratively liable for exercising the right; 15 ▸ requires a health care provider who refuses, under the right of religious belief or 16 conscience, to participate in a health care service, to provide advance notice to the health 17 care institution where the service is provided; 18 ▸ prohibits discrimination or adverse action against a person in retaliation for the person 19 exercising the person's right of religious belief or conscience; 20 ▸ provides for certain government entities to investigate and take administrative action 21 against a person regulated by the government entity who violates the provisions of this 22 bill relating to the exercise of the right of religious belief or conscience; 23 ▸ permits legal action, under certain circumstances, against a person who violates the 24 provisions of this bill relating to the exercise of the right of religious belief or 25 conscience; 26 ▸ permits a health care provider, on the grounds of religious belief or conscience, to refuse 27 to perform or participate in the disposal of remains from the termination of a pregnancy; S.B. 174 Enrolled Copy 28 and 29 ▸ makes technical changes. 30 Money Appropriated in this Bill: 31 None 32 Other Special Clauses: 33 None 34 Utah Code Sections Affected: 35 AMENDS: 36 58-1-501, as last amended by Laws of Utah 2025, Chapter 138 37 76-7-306, as last amended by Laws of Utah 2023, Chapter 330 38 ENACTS: 39 63G-33-301, Utah Code Annotated 1953 40 63G-33-302, Utah Code Annotated 1953 41 63G-33-303, Utah Code Annotated 1953 42 63G-33-304, Utah Code Annotated 1953 43 63G-33-305, Utah Code Annotated 1953 44 45 Be it enacted by the Legislature of the state of Utah: 46 Section 1. Section 58-1-501 is amended to read: 47 58-1-501 . Unlawful and unprofessional conduct. 48 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under 49 this title and includes: 50 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or 51 attempting to practice or engage in any profession requiring licensure under this title, 52 except the behavioral health technician under Chapter 60, Part 6, Behavioral Health 53 Coach and Technician Licensing Act, if the person is: 54 (i) not licensed to do so or not exempted from licensure under this title; or 55 (ii) restricted from doing so by a suspended, revoked, restricted, temporary, 56 probationary, or inactive license; 57 (b)(i) impersonating another licensee or practicing a profession under a false or 58 assumed name, except as permitted by law; or 59 (ii) for a licensee who has had a license under this title reinstated following 60 disciplinary action, practicing the same profession using a different name than the 61 name used before the disciplinary action, except as permitted by law and after - 2 - Enrolled Copy S.B. 174 62 notice to, and approval by, the division; 63 (c) knowingly employing any other person to practice or engage in or attempt to practice 64 or engage in any profession licensed under this title if the employee is not licensed to 65 do so under this title; 66 (d) knowingly permitting the person's authority to practice or engage in any profession 67 licensed under this title to be used by another, except as permitted by law; 68 (e) obtaining a passing score on a licensure examination, applying for or obtaining a 69 license, or otherwise dealing with the division or a licensing board through the use of 70 fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission; 71 (f)(i) issuing, or aiding and abetting in the issuance of, an order or prescription for a 72 drug or device to a person located in this state: 73 (A) without prescriptive authority conferred by a license issued under this title, or 74 by an exemption to licensure under this title; or 75 (B) with prescriptive authority conferred by an exception issued under this title or 76 a multistate practice privilege recognized under this title, if the prescription 77 was issued without first obtaining information, in the usual course of 78 professional practice, that is sufficient to establish a diagnosis, to identify 79 underlying conditions, and to identify contraindications to the proposed 80 treatment; and 81 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call 82 or cross coverage situation, provided that the person who issues the prescription 83 has prescriptive authority conferred by a license under this title, or is exempt from 84 licensure under this title; or 85 (g) aiding or abetting any other person to violate any statute, rule, or order regulating a 86 profession under this title. 87 (2)(a) "Unprofessional conduct" means conduct, by a licensee or applicant, that is 88 defined as unprofessional conduct under this title or under any rule adopted under 89 this title and includes: 90 (i) violating any statute, rule, or order regulating an a profession under this title; 91 (ii) violating, or aiding or abetting any other person to violate, any generally accepted 92 professional or ethical standard applicable to an occupation or profession 93 regulated under this title; 94 (iii) subject to the provisions of Subsection (4), engaging in conduct that results in 95 conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is - 3 - S.B. 174 Enrolled Copy 96 held in abeyance pending the successful completion of probation with respect to a 97 crime that, when considered with the functions and duties of the profession for 98 which the license was issued or is to be issued, bears a substantial relationship to 99 the licensee's or applicant's ability to safely or competently practice the profession; 100 (iv) engaging in conduct that results in disciplinary action, including reprimand, 101 censure, diversion, probation, suspension, or revocation, by any other licensing or 102 regulatory authority having jurisdiction over the licensee or applicant in the same 103 profession if the conduct would, in this state, constitute grounds for denial of 104 licensure or disciplinary proceedings under Section 58-1-401; 105 (v) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar 106 chemicals, to the extent that the conduct does, or might reasonably be considered 107 to, impair the ability of the licensee or applicant to safely engage in the profession; 108 (vi) practicing or attempting to practice a profession regulated under this title despite 109 being physically or mentally unfit to do so; 110 (vii) practicing or attempting to practice a or profession regulated under this title 111 through gross incompetence, gross negligence, or a pattern of incompetency or 112 negligence; 113 (viii) practicing or attempting to practice a profession requiring licensure under this 114 title by any form of action or communication which is false, misleading, 115 deceptive, or fraudulent; 116 (ix) practicing or attempting to practice a profession regulated under this title beyond 117 the scope of the licensee's competency, abilities, or education; 118 (x) practicing or attempting to practice a profession regulated under this title beyond 119 the scope of the licensee's license; 120 (xi) verbally, physically, mentally, or sexually abusing or exploiting any person 121 through conduct connected with the licensee's practice under this title or otherwise 122 facilitated by the licensee's license; 123 (xii) acting as a supervisor without meeting the qualification requirements for that 124 position that are defined by statute or rule; 125 (xiii) issuing, or aiding and abetting in the issuance of, an order or prescription for a 126 drug or device: 127 (A) without first obtaining information in the usual course of professional 128 practice, that is sufficient to establish a diagnosis, to identify conditions, and to 129 identify contraindications to the proposed treatment; or - 4 - Enrolled Copy S.B. 174 130 (B) with prescriptive authority conferred by an exception issued under this title, or 131 a multi-state practice privilege recognized under this title, if the prescription 132 was issued without first obtaining information, in the usual course of 133 professional practice, that is sufficient to establish a diagnosis, to identify 134 underlying conditions, and to identify contraindications to the proposed 135 treatment; 136 (xiv) violating a provision of Section 58-1-501.5; 137 (xv) violating the terms of an order governing a license;[ or] 138 (xvi) violating Section 58-1-511[.] ; or 139 (xvii) a violation of a provision of Title 63G, Chapter 33, Part 3, Free Exercise of 140 Religious Beliefs or Conscience, by a health care provider, as defined in Section 141 63G-33-301. 142 (b) "Unprofessional conduct" does not include: 143 (i) a health care provider, as defined in Section 78B-3-403 and who is licensed under 144 this title, deviating from medical norms or established practices if the conditions 145 described in Subsection (5) are met; and 146 (ii) notwithstanding Section 58-1-501.6, a health care provider advertising that the 147 health care provider deviates from medical norms or established practices, 148 including the maladies the health care provider treats, if the health care provider: 149 (A) does not guarantee any results regarding any health care service; 150 (B) fully discloses on the health care provider's website that the health care 151 provider deviates from medical norms or established practices with a 152 conspicuous statement; and 153 (C) includes the health care provider's contact information on the website. 154 (3) Unless otherwise specified by statute or administrative rule, in a civil or administrative 155 proceeding commenced by the division under this title, a person subject to any of the 156 unlawful and unprofessional conduct provisions of this title is strictly liable for each 157 violation. 158 (4) The following are not evidence of engaging in unprofessional conduct under Subsection 159 (2)(a)(iii): 160 (a) an arrest not followed by a conviction; or 161 (b) a conviction for which an individual's incarceration has ended more than five years 162 before the date of the division's consideration, unless: 163 (i) after the incarceration the individual has engaged in additional conduct that results - 5 - S.B. 174 Enrolled Copy 164 in another conviction, a plea of nolo contendere, or a plea of guilty or nolo 165 contendere that is held in abeyance pending the successful completion of 166 probation; or 167 (ii) the conviction was for: 168 (A) a violent felony as defined in Section 76-3-203.5; 169 (B) a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4, 170 Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; 171 (C) a felony related to criminal fraud or embezzlement, including a felony under 172 Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft; or 173 (D) a crime or a pattern of crimes that demonstrates a substantial potential to harm 174 Utah patients or consumers, as may be determined by the director in a process 175 defined by rule made in accordance with Title 63G, Chapter 3, Utah 176 Administrative Rulemaking Act. 177 (5) In accordance with Subsection (2)(b)(i), a health care provider may deviate from 178 medical norms or established practices if: 179 (a) the health care provider does not deviate outside of the health care provider's scope 180 of practice and possesses the education, training, and experience to competently and 181 safely administer the alternative health care service; 182 (b) the health care provider does not provide an alternative health care service that is 183 otherwise contrary to any state or federal law; 184 (c) the alternative health care service has reasonable potential to be of benefit to the 185 patient to whom the alternative health care service is to be given; 186 (d) the potential benefit of the alternative health care service outweighs the known 187 harms or side effects of the alternative health care service; 188 (e) the alternative health care service is reasonably justified under the totality of the 189 circumstances; 190 (f) after diagnosis but before providing the alternative health care service: 191 (i) the health care provider educates the patient on the health care services that are 192 within the medical norms and established practices; 193 (ii) the health care provider discloses to the patient that the health care provider is 194 recommending an alternative health care service that deviates from medical norms 195 and established practices; 196 (iii) the health care provider discusses the rationale for deviating from medical norms 197 and established practices with the patient; - 6 - Enrolled Copy S.B. 174 198 (iv) the health care provider discloses any potential risks associated with deviation 199 from medical norms and established practices; and 200 (v) the patient signs and acknowledges a notice of deviation; and 201 (g) before providing an alternative health care service, the health care provider discloses 202 to the patient that the patient may enter into an agreement describing what would 203 constitute the health care provider's negligence related to deviation. 204 (6) As used in this section, "notice of deviation" means a written notice provided by a 205 health care provider to a patient that: 206 (a) is specific to the patient; 207 (b) indicates that the health care provider is deviating from medical norms or established 208 practices in the health care provider's recommendation for the patient's treatment; 209 (c) describes how the alternative health care service deviates from medical norms or 210 established practices; 211 (d) describes the potential risks and benefits associated with the alternative health care 212 service; 213 (e) describes the health care provider's reasonably justified rationale regarding the 214 reason for the deviation; and 215 (f) provides clear and unequivocal notice to the patient that the patient is agreeing to 216 receive the alternative health care service which is outside medical norms and 217 established practices. 218 Section 2. Section 63G-33-301 is enacted to read: 219 Part 3. Free Exercise of Religious Beliefs or Conscience 220 63G-33-301 . Definitions. 221 As used in this part: 222 (1)(a) "Adverse action" means: 223 (i) termination of employment; 224 (ii) a demotion; 225 (iii) an adverse administrative action; 226 (iv) increased administrative duties; 227 (v) refusal of staff privileges; 228 (vi) refusal of board certification; 229 (vii) loss of career specialty; 230 (viii) reduction of wages, benefits, or privileges; 231 (ix) refusal to award a grant, contract, or other program; - 7 - S.B. 174 Enrolled Copy 232 (x) refusal to provide residency training opportunities; 233 (xi) denial, deprivation, or disqualification of licensure; 234 (xii) withholding or disqualifying from financial aid or other assistance; 235 (xiii) an impediment to creating, expanding, or improving, a health care institution; 236 (xiv) an impediment to acquiring, associating with, or merging with another health 237 care institution; or 238 (xv) another penalty, disciplinary action, or retaliatory action. 239 (b) "Adverse action" does not include: 240 (i) reassigning an individual to a position of reasonably equal pay, opportunity, and 241 circumstance, based on principles of sound business operation, unless the 242 reassignment constitutes retaliation or punishment of the individual for exercising 243 the individual's right of religious belief or conscience; or 244 (ii) transfer, demotion, or termination of employment of a health care provider, if: 245 (A) the health care services that the health care provider, based on the right of 246 religious belief or conscience, refuses to participate in or provide are so 247 numerous that the refusal will subject the employer to undue hardship that 248 cannot be avoided by less adverse means, including scheduling or other 249 accommodations; or 250 (B) the health care services that the health care provider, based on the right of 251 religious belief or conscience, refuses to participate in or provide are the 252 primary or essential functions which the individual was hired to perform. 253 (2) "Belief-based health care institution" means a health care institution that: 254 (a) holds itself out to the public as religious based or conscience based; 255 (b) states in the health care institution's governing documents that the health care 256 institution has a religious or conscience based purpose or mission; and 257 (c) has internal operating policies or procedures that implement the health care 258 institution's religious beliefs or conscience. 259 (3) "Conscience" means a sincerely held belief as to the rightness or wrongness of an action 260 or inaction. 261 (4) "Discriminate," when used in relation to a health care provider, means taking an adverse 262 action, or threatening to take an adverse action, against the health care provider as a 263 result of the health care provider: 264 (a) deciding to not participate in a health care service on the basis of religious belief or 265 conscience; or - 8 - Enrolled Copy S.B. 174 266 (b) reporting, or threatening to report, a violation of this part. 267 (5) "Division of Professional Licensing" means the Division of Professional Licensing, 268 created in Section 58-1-103. 269 (6) "Emergency department" means the area of a hospital in which emergency services are 270 provided 24 hours a day. 271 (7) "Health care institution" means a person licensed, certified, or regulated under Title 272 26B, Chapter 2, Licensing and Certifications. 273 (8) "Health care provider" means: 274 (a) an individual licensed, certified, or regulated under: 275 (i) Title 58, Chapter 5a, Podiatric Physician Licensing Act; 276 (ii) Title 58, Chapter 15, Health Facility Administrator Act; 277 (iii) Title 58, Chapter 16a, Utah Optometry Practice Act; 278 (iv) Title 58, Chapter 17b, Pharmacy Practice Act; 279 (v) Title 58, Chapter 24b, Physical Therapy Practice Act; 280 (vi) Title 58, Chapter 24c, Physical Therapy Licensure Compact; 281 (vii) Title 58, Chapter 31b, Nurse Practice Act; 282 (viii) Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact; 283 (ix) Title 58, Chapter 31e, Nurse Licensure Compact - Revised; 284 (x) Title 58, Chapter 40, Recreational Therapy Practice Act; 285 (xi) Title 58, Chapter 40a, Athletic Trainer Licensing Act; 286 (xii) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; 287 (xiii) Title 58, Chapter 41a, Audiology and Speech-language Pathology Interstate 288 Compact; 289 (xiv) Title 58, Chapter 42a, Occupational Therapy Practice Act; 290 (xv) Title 58, Chapter 42b, Occupational Therapy Licensure Compact; 291 (xvi) Title 58, Chapter 44a, Nurse Midwife Practice Act; 292 (xvii) Title 58, Chapter 54, Radiologic Technologist, Radiologist Assistant, and 293 Radiology Practical Technician Licensing Act; 294 (xviii) Title 58, Chapter 57, Respiratory Care Practices Act; 295 (xix) Title 58, Chapter 67, Utah Medical Practice Act; 296 (xx) Title 58, Chapter 67b, Interstate Medical Licensure Compact; 297 (xxi) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; 298 (xxii) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; 299 (xxiii) Title 58, Chapter 70a, Utah Physician Assistant Act; - 9 - S.B. 174 Enrolled Copy 300 (xxiv) Title 58, Chapter 70b, Anesthesiologist Assistant Licensing Act; 301 (xxv) Title 58, Chapter 70c, PA Licensure Compact; 302 (xxvi) Title 58, Chapter 71, Naturopathic Physician Practice Act; 303 (xxvii) Title 58, Chapter 73, Chiropractic Physician Practice Act; 304 (xxviii) Title 58, Chapter 75, Genetic Counselors Licensing Act; 305 (xxix) Title 58, Chapter 77, Direct-Entry Midwife Act; 306 (xxx) Title 58, Chapter 80a, Medical Language Interpreter Act; 307 (xxxi) Title 58, Chapter 81, Retired Volunteer Health Care Practitioner Act; or 308 (xxxii) Title 58, Chapter 88, General Health Professions; or 309 (b) an individual employed or supervised by: 310 (i) a person described in Subsection (8)(a); or 311 (ii) a health care institution. 312 (9)(a) "Health care service" means medical care provided to a patient at a single time or 313 over a period of time. 314 (b) "Health care service" includes: 315 (i) examination; 316 (ii) testing; 317 (iii) diagnosis; 318 (iv) dispensing or administering a drug, medication, or device; 319 (v) research; 320 (vi) prognosis; 321 (vii) therapy; 322 (viii) giving medical advice or taking action based on medical advice; 323 (ix) the withholding or withdrawal of life-sustaining care or treatment; 324 (x) the termination of a pregnancy; 325 (xi) artificial insemination; 326 (xii) gender transition; 327 (xiii) contraception; or 328 (xiv) other care or services provided by a health care provider or health care 329 institution. 330 (c) "Health care service" does not include medical care provided to an individual during, 331 or before, transport of the individual to a health care facility. 332 (10) "Right of religious belief or conscience" means the right described in Subsection 333 63G-33-302(1)(a). - 10 - Enrolled Copy S.B. 174 334 Section 3. Section 63G-33-302 is enacted to read: 335 63G-33-302 . Right to refuse participation in certain matters due to a violation of 336 religious belief or conscience -- Limitations and alternatives -- Advance notice of exercise 337 of right of religious belief or conscience. 338 (1) Except as provided in Subsections (3)(a) through (c), or Subsection (8), a health care 339 provider: 340 (a) may refuse to participate in or provide a health care service that violates the health 341 care provider's religious beliefs or conscience; and 342 (b) is not, and may not be held, civilly, criminally, or administratively liable for 343 exercising the health care provider's right of religious belief or conscience. 344 (2)(a) Except as provided in Subsection (2)(b), a health care institution is not, and may 345 not be held, civilly, criminally, or administratively liable for any claim related to, or 346 arising out of, the exercise of the right of religious belief or conscience by a health 347 care provider employed, contracted, or granted admitting privileges by the health care 348 institution. 349 (b) Subsection (2)(a) does not apply to liability that arises from an act or omission of the 350 health care institution. 351 (3)(a) This part: 352 (i) does not override the requirement to provide a medical screening examination and 353 stabilizing treatment to a patient under the Emergency Medical Treatment and 354 Labor Act, 42 U.S.C. Sec. 1395dd, or any other federal law or regulation; and 355 (ii) does not permit a health care provider to fail to provide a medical screening 356 examination and stabilizing treatment to a patient while the patient is in the 357 emergency department. 358 (b) Exercise of the right of religious belief or conscience is limited to objections to a 359 particular health care service based on a person's religious belief or conscience. 360 (c) This part does not waive or modify a duty of a health care provider to provide other 361 medical services that do not violate the health care provider's religious beliefs or 362 conscience. 363 (d) A health care provider that, due to the right of religious belief or conscience, refuses 364 to participate in or provide a health care service shall prominently post the following 365 statement on the health care provider's website, and in any reception area where the 366 health care provider provides health care services: 367 "ACCESS TO HEALTH CARE SERVICES - 11 - S.B. 174 Enrolled Copy 368 Based on religious belief or conscience, this health care provider does not provide 369 the following services: 370 [list the services] 371 If you are seeking these services, you may view a list of health care providers that 372 provide these services at the following website operated by the Department of Health 373 and Human Services: [insert the website address provided by the Department of 374 Health and Human Services] 375 If you are unable to access the website, you may contact the Department of Health 376 and Human Services at [insert a phone number provided by the Department of Health 377 and Human Services] to obtain information on health care providers that provide the 378 service." 379 (e) A health care provider described in Subsection 63G-33-301(8)(a) shall disclose to the 380 Department of Health and Human Services the health care services that the health 381 care provider does not provide due to exercise of the right of religious belief or 382 conscience. 383 (f) The Department of Health and Human Services shall: 384 (i) for each health care service that a health care provider does not provide, due to 385 exercise of the right of religious belief or conscience, maintain information on 386 health care providers that provide the service; 387 (ii) post the information described in Subsection (3)(f)(i) on a website operated by the 388 Department of Health and Human Services; and 389 (iii) designate a phone number that an individual who cannot access the website 390 described in Subsection (3)(f)(ii) may call, during regular business hours, for 391 assistance in obtaining the information described in Subsection (3)(f)(i). 392 (4) A health care provider who refuses, under the right of religious belief or conscience, to 393 participate in a health care service shall provide advance notice to the health care 394 provider's employer, the health care institution where the health care service is to be 395 performed, or both, as applicable: 396 (a) of the health care service in which the health care provider refuses to participate; and 397 (b) that, subject to Subsection (3)(a), the health care provider refuses to participate in the 398 health care service because the health care service violates the health care provider's 399 right of religious belief or conscience. 400 (5) An employer or health care institution that receives the advance notice described in 401 Subsection (4) shall, to the extent reasonably practicable, schedule staffing in a manner - 12 - Enrolled Copy S.B. 174 402 that avoids placing the health care provider in a circumstance where the health care 403 provider may be called upon to perform a health care service that violates the health care 404 provider's religious beliefs or conscience. 405 (6) A health care provider's refusal to participate in a health care service that violates the 406 health care provider's religious beliefs or conscience is not, by itself, evidence that the 407 health care provider engaged in unlawful discrimination based on a protected class. 408 (7) This part: 409 (a) cannot be used to cancel or interfere with a term of an existing contract; and 410 (b) shall be applied in a manner that does not conflict with: 411 (i) the Church Amendments, 42 U.S.C. Sec. 300a-7; 412 (ii) the Coats-Snowe Amendment, 42 U.S.C. Sec. 238n; 413 (iii) the Consolidated Appropriations Act, 2023, Public Law 117-328, Div. H, Title 414 V, General Provisions, Sec. 507(d)(1); 415 (iv) Safeguarding the Rights of Conscience as Protected by Federal Statutes, 89 416 C.F.R. Sec. 2078; or 417 (v) any other provision of federal law. 418 (8) A health care provider that is employed at, has admitting privileges at, or otherwise 419 provides health care services at, or for, a belief-based health care institution may not use 420 this part, or any provision of this part, to: 421 (a) refuse to provide a health care service at, or for, the belief-based health care 422 institution that the health care provider is contractually required to provide at, or for, 423 the belief-based health care institution; 424 (b) refuse to provide a health care service at, or for, the belief-based health care 425 institution in a manner that the health care provider is contractually required to use 426 when providing the health care service at, or for, the belief-based health care 427 institution; 428 (c) provide a health care service at, or for, the belief-based health care institution that the 429 health care provider is contractually prohibited from providing at, or for, the 430 belief-based health care institution; or 431 (d) provide a health care service at, or for, the belief-based health care institution in a 432 manner that the health care provider is contractually prohibited from using when 433 providing the health care service at, or for, the belief-based health care institution. 434 Section 4. Section 63G-33-303 is enacted to read: 435 63G-33-303 . Discrimination prohibited. - 13 - S.B. 174 Enrolled Copy 436 (1) A person may not discriminate against a health care provider: 437 (a) as a result of the health care provider's exercise of the right of religious belief or 438 conscience; or 439 (b) because the person believes that the health care provider: 440 (i) alleged, or may allege, a violation of this part; 441 (ii) provided, caused to be provided, or may provide or cause to be provided, 442 information relating to a potential violation of this part; or 443 (iii) testified, assisted, or participated in, or may testify, assist, or participate in, an 444 investigation or proceeding regarding a potential violation of this part. 445 (2) Subsection (1) does not permit a health care provider to disclose information in 446 violation of a provision of law. 447 Section 5. Section 63G-33-304 is enacted to read: 448 63G-33-304 . Administrative enforcement -- Court action. 449 (1)(a) A health care provider may file a complaint with the Division of Professional 450 Licensing alleging a violation of this part by another health care provider. 451 (b) The Division of Professional Licensing may: 452 (i) investigate a complaint described in Subsection (1)(a); 453 (ii) take action, as provided in Section 58-1-501, against a health care provider who 454 violates a provision of this part; or 455 (iii) bring a legal action in a court with jurisdiction against a health care provider who 456 violates a provision of this part. 457 (c) If the Division of Professional Licensing does not investigate and take action under 458 Subsection (1)(b), the health care provider that filed the complaint may bring an 459 action in a court with jurisdiction for the alleged violation of this part. 460 (d) If the Division of Professional Licensing brings a legal action under Subsection 461 (1)(c), or a health care provider brings a legal action under Subsection (1)(c), the 462 person who brings the action: 463 (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or 464 damages; and 465 (ii) if the person prevails in the action, is entitled to an award for reasonable attorney 466 fees and costs. 467 (2)(a) A health care provider may file a complaint with the Department of Health and 468 Human Services alleging a violation of this part by a health care institution. 469 (b) The Department of Health and Human Services shall investigate a complaint - 14 - Enrolled Copy S.B. 174 470 described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing 471 and Certifications, against a health care institution that violates this part, or may bring 472 a legal action in a court with jurisdiction against a health care institution that violates 473 this part, to: 474 (i) enforce the provisions of this part; and 475 (ii) if applicable, impose a penalty for the violation. 476 (c) If the Department of Health and Human Services fails to investigate and take action 477 under Subsection (2)(b), the health care provider that filed the complaint may bring 478 an action in a court with jurisdiction for the alleged violation of this part. 479 (d) If the Department of Health and Human Services brings a legal action under 480 Subsection (2)(b), or a health care provider brings a legal action under Subsection 481 (2)(c), the person who brings the action: 482 (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or 483 damages; and 484 (ii) if the person prevails in the action, is entitled to an award for reasonable attorney 485 fees and costs. 486 Section 6. Section 63G-33-305 is enacted to read: 487 63G-33-305 . Effect upon related provisions of law. 488 The provisions of this part are applicable and available in addition to, and not in lieu of, 489 the provisions of Section 76-7-306, relating to abortion, the termination of a pregnancy, or the 490 disposal of remains. 491 Section 7. Section 76-7-306 is amended to read: 492 76-7-306 . Refusal to participate, admit, or treat for abortion based on religious 493 or moral grounds -- Cause of action. 494 (1) As used in this section: 495 (a) "Conscience" means the same as that term is defined in Section 63G-33-301. 496 [(a)] (b) "Health care facility" [is as] means the same as that term is defined in Section 497 26B-2-201. 498 [(b)] (c) "Health care provider" means an individual who is an employee of, has practice 499 privileges at, or is otherwise associated with a health care facility. 500 (2) A health care provider may, on [religious or moral grounds] the grounds of religious 501 belief or conscience, refuse to perform or participate in any way, in: 502 (a) an abortion;[ or] 503 (b) a procedure that is intended to, or likely to, result in the termination of a pregnancy[.] ; - 15 - S.B. 174 Enrolled Copy 504 or 505 (c) the disposal of remains resulting from an abortion or a procedure described in 506 Subsection (2)(b). 507 (3) Except as otherwise required by law, a health care facility may refuse, on [religious or 508 moral grounds] the grounds of religious belief or conscience, to: 509 (a) admit a patient for an abortion procedure or another procedure that is intended to, or 510 likely to, result in the termination of a pregnancy; or 511 (b) perform for a patient an abortion procedure or another procedure that is intended to, 512 or likely to, result in the termination of a pregnancy. 513 (4) A health care provider's refusal under Subsection (2) [and] or a health care facility's 514 refusal under Subsection (3) may not be the basis for civil liability or other recriminatory 515 action. 516 (5) A health care facility, employer, or other person may not take an adverse action against 517 a health care provider for exercising the health care provider's right of refusal described 518 in Subsection (2), or for bringing or threatening to bring an action described in 519 Subsection (6), including: 520 (a) dismissal; 521 (b) demotion; 522 (c) suspension; 523 (d) discipline; 524 (e) discrimination; 525 (f) harassment; 526 (g) retaliation; 527 (h) adverse change in status; 528 (i) termination of, adverse alteration of, or refusal to renew an association or agreement; 529 or 530 (j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status 531 that the health care provider would have otherwise received. 532 (6)(a) A person who is adversely impacted by conduct prohibited in Subsection (5) may 533 bring a civil action for equitable relief, including reinstatement, and for damages. 534 (b) A person who brings an action under this section must commence the action within 535 three years after the day on which the cause of action arises. 536 Section 8. Effective Date. 537 This bill takes effect on May 6, 2026. - 16 -