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AR HB1289

Bill

Status

Failed

4/24/2019

Primary Sponsor

Brandt Smith

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

HB1289 Summary

  • Creates the Medical Conscience Protection Act, establishing a right for healthcare practitioners and institutions to decline participation in healthcare services that violate their deeply held religious, moral, ethical, or philosophical beliefs without facing discrimination, termination, or retaliation.

  • Defines "healthcare service" broadly to include patient referral, counseling, therapy, testing, research, diagnosis, prescribing medications, surgery, and other care, but explicitly excludes emergency medical care necessary to save a patient's life.

  • Prohibits employers and healthcare institutions from discriminating against practitioners through termination, denial of staff privileges, board certification, demotion, wage reduction, or any other adverse action based on conscience-based objections to healthcare services.

  • Requires healthcare institutions to post an 8.5" x 11" notice of conscience rights in visible locations and inform all personnel of these rights upon employment, with violations subject to civil fines up to $10,000 per incident.

  • Establishes civil remedies allowing healthcare practitioners or institutions to sue for damages, including treble damages with a minimum of $5,000 per violation plus attorney's fees and court costs, with burden of proof requiring demonstration that a conscience exists and reasonable accommodation was not offered.

Legislative Description

To Create The Medical Conscience Protection Act.

Last Action

Died on House Calendar at Sine Die Adjournment

4/24/2019

Committee Referrals

Public Health, Welfare and Labor1/29/2019

Full Bill Text

No bill text available