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Bill > HB0353


UT HB0353

UT HB0353
Abortion Freedom of Conscience


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2011 General Session

Bill Summary

This bill: defines terms; provides that a health care provider may, on religious or moral grounds, refuse to perform or participate in any way in an abortion; provides that, except as otherwise required by law, a health care facility may refuse, on religious or moral grounds, to admit a patient for an abortion procedure or perform an abortion procedure for a patient; provides that a health care provider's or a health care facility's refusal, described in the preceding paragraphs, may not be the basis for civil liability or other recriminatory action; provides that a health care facility, employer, or other person may not take any adverse action against a health care provider for exercising the health care provider's right of refusal described in this bill; provides that a person who is adversely impacted by conduct prohibited by this bill may bring a civil action for equitable relief, including reinstatement, and for damages; and provides that a person who brings an action under this bill must commence the action within three years after the day on which the cause of action arises.

AI Summary

This bill amends existing law to establish a broader "freedom of conscience" for healthcare providers and facilities regarding abortions. It defines "health care provider" as an individual associated with a healthcare facility and "health care facility" as defined elsewhere in law. The bill allows any healthcare provider to refuse, on religious or moral grounds, to perform or participate in an abortion or any procedure intended to terminate a pregnancy. Similarly, healthcare facilities can refuse, on religious or moral grounds, to admit patients for such procedures or to perform them, unless otherwise legally required. Crucially, these refusals cannot lead to civil lawsuits or any retaliatory actions against the provider or facility. Furthermore, employers or other entities are prohibited from taking any negative action, such as firing, demoting, or discriminating against a healthcare provider for exercising this right to refuse or for seeking legal recourse. Individuals harmed by such prohibited actions can sue for remedies like reinstatement and damages, with a three-year statute of limitations for filing such lawsuits.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

House/ to Governor in EGOV (on 03/17/2011)

bill text


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