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AR HB1289
Bill
Status
4/24/2019
Primary Sponsor
Brandt Smith
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AI Summary
HB1289 Summary
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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.
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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.
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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.
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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.
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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