Bill > HB5440

This bill, titled the "Medical Ethics Defense Act," establishes protections for healthcare providers, institutions, and payers in West Virginia based on their conscience, which can be informed by religious, moral, or ethical beliefs. It explicitly states that no healthcare provider can be forced to participate in or pay for any medical procedure, treatment, or service that violates their conscience, with specific exceptions for religious institutions and emergency medical treatments. The bill defines "conscience" broadly and protects "healthcare providers" (including professionals, institutions, and payers) from discrimination, punishment, or retaliation for exercising this right. It also includes whistleblower protections for those who report violations of the Act and safeguards free speech for healthcare providers, preventing state entities from sanctioning them for protected speech unless it directly causes physical harm to a patient. Furthermore, the Act allows for civil action to remedy violations and ensures that any additional burden on other providers due to these conscientious objections does not serve as a defense against such violations.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5440&year=2026&sessiontype=RS&btype=bill