HB 1787-FN - AS INTRODUCED
HOUSE BILL 1787-FN
AN ACT relative to the rights of conscience for medical professionals.
SPONSORS: Rep. Souza, Hills. 43; Rep. Notter, Hills. 21; Rep. Gould, Hills. 7; Rep. Wuelper, Straf. 3; Rep. Seidel, Hills. 28; Rep. Itse, Rock. 10; Rep. J. Edwards, Rock. 4; Rep. M. Pearson, Rock. 34; Rep. Spillane, Rock. 2; Rep. Baldasaro, Rock. 5
COMMITTEE: Health, Human Services and Elderly Affairs
This bill prohibits discrimination against health care providers who conscientiously object to participating in certain medical procedures.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. It is the purpose of this act to protect as a basic civil right the freedom of all health care providers to decline to counsel, advise, provide, perform, assist, or participate in providing or performing abortions, sterilizations, or artificial contraception. Protecting the freedom of health care providers to decline to provide or participate in the provision of services that violate their religious, moral, or ethical convictions safeguards the dignity of individual health care providers and ensures that the citizens of New Hampshire have access to quality health care.
HEALTH CARE FREEDOM OF CONSCIENCE
126-AA:1 Definitions. In this chapter:
I. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.
II. "Artificial contraception or contraception" means the use of a medicine, drug, substance, device, or surgical procedure to intentionally prevent ovulation, fertilization of a human egg cell, or implantation of a fertilized human egg in the uterine wall.
III. Conscientiously object or conscientious objection" means to object because of a religious belief or a moral or ethical conviction.
IV. "Discriminate against or discrimination" means any adverse action taken against, or any threat of adverse action communicated to, any health care provider as a result of his or her conscientious objection to participating in an abortion, sterilization, or the prescription or provision of artificial contraception. Discrimination includes, but is not limited to: termination of employment; transfer from current position; demotion from current position; adverse administrative action; reassignment to a different shift or job title; increased administrative duties; refusal of staff privileges; refusal of board certification; loss of career specialty; reduction of wages, benefits, or privileges; refusal to award a grant, contract, or other program; refusal to graduate; refusal to provide residency training opportunities; denial, deprivation, or disqualification of licensure; the threat of any of the administrative, disciplinary, or other adverse proceeding; or any other penalty, disciplinary, or retaliatory action, whether executed or threatened.
V. "Health care institution" means any public or private hospital, clinic, medical center, physician organization, professional association, ambulatory surgical center, private physician's office, pharmacy, nursing home, medical school, nursing school, medical training facility, or any other entity or location in which an abortion or sterilization or the prescription or provision of artificial contraception are performed on or provided to any person. "Health care institutions" may include, but are not limited to: organizations, corporations, partnerships, associations, agencies, networks, sole proprietorships, joint ventures, or any other entity that provides abortions, sterilizations, or artificial contraception.
VI. "Health care provider" means any individual who may be asked to participate in any way in an abortion or sterilization or the prescription or provision of artificial contraception including, but not limited to: a physician, physician's assistant, nurse, nurse's aide, medical assistant, hospital or clinic employee, pharmacist, pharmacy employee, medical school student, medical school employee, or any professional, paraprofessional, or any other person who furnishes, or assist in the furnishing of an abortion, sterilization, or artificial contraception.
VII "Participate or participating in" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing an abortion, sterilization, or artificial contraception.
VIII. "Prescription or provision of" means to make available or arrange for any medicine, drug, substance, device, or medical procedure.
IX. "Sterilization" means any medical technique or procedure intended to leave a person unable to reproduce.
126-AA:2 Health Care Provider's Right to Conscientiously Object.
I. A health care provider has the right to conscientiously object to participating in an abortion, sterilization, or the prescription or provision of artificial contraception.
II. A health care provider who conscientiously objects to participating in an abortion, sterilization, or the prescription or provision of artificial contraception shall not be administratively, civilly, or criminally liable to any person, estate, public or private entity, or public official.
III. It shall be unlawful for any person, health care provider, health care institution, public or private institution, public official, national licensing board which licenses health care providers, or national certifying board which certifies competency in medical specialties to discriminate against any health care provider in any manner based on his or her conscientious objection to participating in an abortion, sterilization, or the prescription or provision of artificial contraception.
126-AA:3 Notice Requirement.
I. A health care institution shall prominently post a notice, not less than 81/2 x 11 inches in size, entitled "Freedom of Conscience for Health Care Providers," in a location where other such notices are normally posted, or if such notices are not so normally posted, in a location in which health care providers are likely to see such a notice. The purpose of this notice is to fully inform health care providers of their right to decline to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing an abortion, sterilization, or artificial contraception.
II. A health care institution shall also ensure that every health care provider is informed of his or her right to decline to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing an abortion, sterilization, or artificial contraception.
126-AA:4 Civil Remedies.
I. A civil action for damages, injunctive relief, or both, may be brought for the violation of any provision of RSA 126-AA:2. It shall not be a defense to any claim arising out of the violation of RSA 126-AA:2 that such violation was necessary to prevent additional burden or expense on any other health care provider, health care institution, individual, or patient.
II. Any health care provider discriminated against or injured by any person, health care provider, health care institution, public or private institution, public official, medical licensing board which licenses health care providers, or medical certifying board with competency in medical specialties, by reason of any conduct prohibited by RSA 126-AA:2 may commence a civil action. Upon finding a violation of RSA 126-AA:2, the health care provider shall be entitled to recover threefold the actual damages including pain and suffering sustained by the health care provider, the costs of the civil action, and reasonable attorney's fees. In no case shall recovery be less than $10,000 for each violation, in addition to costs of the civil action and reasonable attorney's fees. These damage remedies shall be cumulative and not exclusive of other remedies afforded under any other state or federal law.
III. The court in a civil action for a violation of RSA 126-AA:2 may award injunctive relief including, but not limited to, ordering reinstatement of a health care provider to his or her prior job or position.
IV. Any violation of or failure to comply with the requirements of RSA 126-AA:3 shall subject the health care institution to a civil fine of up to $10,000 per occurrence.
126-AA:5 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
126-AA:6 Right of Intervention. The New Hampshire house of representatives, through one or more sponsors of this legislation, duly appointed by resolution of the house of representatives, may intervene as a matter of right in any case in which the constitutionality of this chapter is challenged.
HB 1787-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
The Department of Administrative Services indicates the State Employee and Retiree Health Benefit Plan’s third party medical administrator and third party pharmacy benefits manager could be directly or indirectly subject to the terms of this bill. The Department states the fiscal impact to the State is indeterminable.
The Community College System of New Hampshire (CCSNH) indicates this bill may have an indeterminable impact on state expenditures funded by the general fund and tuition and fee revenue. The CCSNH makes the following assumptions concerning the fiscal impact of the bill:
The University System of New Hampshire is not able to anticipate the number of claims that could be brought as a result of this bill, what the resulting civil judgments could be, or the cost to provide alternative personnel to perform services not done by those who conscientiously object to performing certain services. To the extent the language is interpreted to apply to students in health programs there may be an impact on clinical placements and educational programs.
The Insurance Department assumes that this bill would have no impact on the insurance premium tax or on the Department’s revenues and expenditures.
The Department of Health and Human Services indicates this bill would have no fiscal impact on the Department.
The Office of Professional Licensure and Certification states this bill would have no fiscal impact on the Office or any of the health care related boards supported by the office.
Departments of Administrative Services and Health and Human Services, Insurance Department, Office of Professional Licensure and Certification, Community College System of New Hampshire, and University System of New Hampshire
|Jan. 31, 2018||House||Hearing|
|Feb. 20, 2018||House||Hearing|
|Feb. 27, 2018||House||Exec Session|
|March 6, 2018||House||Floor Vote|
|March 15, 2018||House||Floor Vote|
March 15, 2018: Inexpedient to Legislate: MA RC 218-109 03/15/2018 HJ 8 P. 13
: Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 6, 2018: Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
: Minority Committee Report: Ought to Pass
: Majority Committee Report: Inexpedient to Legislate (Vote 14-1; RC)
March 6, 2018: Majority Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 14-4; RC) HC 9 P. 59
Feb. 27, 2018: Executive Session: 02/27/2018 LOB 208
Feb. 20, 2018: Public Hearing: 02/20/2018 10:00 AM LOB 208
Feb. 8, 2018: Vacated and Referred to Judiciary (Rep. Kotowski): MA VV 02/08/2018 HJ 3 P. 45
Jan. 31, 2018: ==CANCELLED== Public Hearing: 01/31/2018 01:15 PM LOB 205
Jan. 3, 2018: Introduced 01/03/2018 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 23