Sen. Giuda, Dist 2
Sen. Avard, Dist 12
Sen. Birdsell, Dist 19
May 4, 2022
2022-1950s
05/10
Floor Amendment to HB 1080
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Health Care Freedom of Conscience. Amend RSA by inserting after chapter 126-DD the following new chapter:
CHAPTER 126-EE
HEALTH CARE FREEDOM OF CONSCIENCE
126-EE: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. “Conscientiously object” or “conscientious objection" means to object because of a religious belief or moral conviction.
III. "Discriminate" means to take any adverse action against, or communicate any threat of adverse action to, any health care professional as a result of his or her conscientious objection to directly participating in, or physically delivering a pharmaceutical substance to a pharmaceutical patron to induce, an abortion. Discrimination includes, but is not limited to, termination of employment; transfer from current position other than to temporarily accommodate the health care institution and health care provide during the actual abortion procedure; demotion; reduction of wages, benefits, or privileges; involuntary reassignment to a different shift or job title; denial of staff privileges or board certification; denial of graduation; refusal to provide residency training opportunities; and denial or disqualification of licensure.
IV. "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 other entity engaged in the performance of abortions.
V. "Health care professional" means any individual who, as part of his or her employment, may be expected to directly participate in the actual medical abortion procedure or physically deliver an abortifacient prescription to a pharmacy patron.
VI. "Participate” means to perform, medically assist with, or directly take part in physically preparing a patient for performing an abortion; or physically delivering an abortifacient prescription to a pharmacy patron.
126-EE:2 Health Care Professional's Right to Conscientiously Object.
I. A health care professional has the right to conscientiously object to participate in an abortion or physically delivering an abortifacient prescription to a pharmacy patron.
II. A health care professional who conscientiously objects to participating in an abortion shall not thereby be administratively, civilly, or criminally liable to any person, estate, public or private entity, or public official.
III. It shall be unlawful for any health care professional or health care institution, or any board which certifies competency in medical specialties, to discriminate against any health care professional based on his or her conscientious objection to participating in an abortion or physically delivering an abortifacient prescription to a pharmacy patron.
126-EE:3 Notice Requirement. Health care institutions shall inform all affected health care professionals of the provisions of this chapter in writing, or by email if the health care professional has an email address on file with the health care institution.
126-EE: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-EE:2. It shall not be a defense to any such claim that a violation was necessary to prevent additional burden or expense on any other health care professional, health care institution, individual, or patient.
II. Upon a finding by a court of competent jurisdiction or mediation process that a violation of RSA 126-EE:2 has occurred, the health care professional shall be entitled to restoration to the position held at the time the violation occurred, plus compensation of lost pay and/or benefits as the result of any change in duties, plus the costs of the civil action and reasonable attorney’s fees. The court or mediator may award injunctive relief including reinstatement of a health care professional to his or her prior job or position.
III. If terminated by the health care institution, the health care professional shall be paid an amount equal to one-third of their annual wages or salary, plus one-third of the health care institution’s cost of benefits in effect at the time of termination.
IV. These remedies shall not be exclusive of any other remedies afforded under state or federal law.
126-EE:5 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid, the invalidity does not affect those other provisions or applications of the chapter which can remain in effect without the invalid provisions or applications.
2 Effective Date. This act shall take effect 90 days after passage.
2022-1950s
AMENDED ANALYSIS
This bill provides that health care providers have a right to conscientiously object to participating in providing abortion services. The bill requires health care institutions to notify health care professionals of this right and establishes civil remedies, including fines, for its violation.
| Date | Body | Type |
|---|---|---|
| Feb. 15, 2022 | House | Hearing |
| March 7, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 13, 2022 | Senate | Hearing |
May 5, 2022: Refer to Interim Study, RC 14Y-10N, MA; 05/05/2022; SJ 11
April 27, 2022: Committee Report: Referred to Interim Study, 05/05/2022; SC 18
April 7, 2022: Hearing: 04/13/2022, Room 100, SH, 08:50 am; SC 15
March 22, 2022: Introduced 03/17/2022 and Referred to Health and Human Services; SJ 6
March 20, 2022: Ought to Pass: MA RC 175-165 03/16/2022 HJ 7
March 9, 2022: Minority Committee Report: Inexpedient to Legislate
March 9, 2022: Majority Committee Report: Ought to Pass (Vote 11-10; RC)
March 1, 2022: Executive Session: 03/08/2022 09:30 am LOB 210-211
Feb. 3, 2022: Public Hearing: 02/15/2022 01:00 pm LOB 210-211
Nov. 2, 2021: To Be Introduced 01/05/2022 and referred to Health, Human Services and Elderly Affairs
: To Be Introduced and referred to Health, Human Services and Elderly Affairs