Bill > HB1153

This bill establishes protections for healthcare providers, defining "conscience" as ethical, moral, or religious beliefs and "healthcare provider" broadly to include individuals and entities involved in providing or paying for medical services, which encompass a wide range of healthcare-related activities. It stipulates that healthcare providers cannot be compelled to participate in or fund medical services that violate their conscience, though this right is limited and does not override contractual obligations to pay for services or duties to provide care that doesn't violate conscience. Furthermore, the bill prohibits discrimination against healthcare providers for exercising their conscience rights, engaging in protected speech, or reporting potential violations of the chapter, with exceptions for good-faith efforts to accommodate conscience rights or when undue hardship is demonstrated. State agencies regulating medical services are also restricted from sanctioning providers for constitutionally protected speech unless it directly harms a patient, and they cannot approve credentialing bodies that penalize providers for such conduct, with penalties for delayed complaint disclosure. Religious healthcare providers are protected in making decisions consistent with their religious beliefs if they are publicly identified as religious and have governing documents reflecting this purpose. The bill clarifies that these provisions do not conflict with the Emergency Medical Treatment and Labor Act (EMTALA), a federal law ensuring emergency medical care, and that healthcare providers are not liable for exercising their conscience rights or for the exercise of these rights by other contracted providers. Finally, individuals harmed by violations of this chapter can pursue civil action for damages and other relief, and any additional burden on other providers due to conscience rights is not a defense against such claims.

Health and Social Services

https://sdlegislature.gov/#/Session/Bill/26812