SB 955

This bill enacts the "Medical Ethics Defense Act, as described below. CONSCIENCE PROTECTION FOR HEALTHCARE PROVIDERS This bill prohibits a healthcare provider from being required to participate in, or pay for, a healthcare procedure, treatment, or service that violates the conscience of the healthcare provider. This right is limited to a particular healthcare procedure, treatment, or servic e, and does not waive or modify any duty a healthcare provider may have to provide or pay for healthcare procedures, treatments, or services that do not violate the healthcare provider's conscience and this right does not permit a healthcare payer to decli n e payment for a healthcare procedure, treatment, or service it is contractually obligated to pay for under the terms of a contract with an insured party. The exercise of this right must not be used as the basis for a civil cause of action, a criminal pro s ecution, or a discriminatory action. However, this bill clarifies that the provisions above do not apply to (i) procedures, treatments, or services governed by federal law, including the Emergency Medical Treatment and Active Labor Act or (ii) the rig ht of a religious healthcare provider to make employment, staffing, contracting, administrative, and admitting privilege decisions consistent with its religious beliefs if it holds itself out to the public as religious and has internal operating policies o r procedures that implement its religious purpose or mission. WHISTLEBLOWER PROTECTIONS This bill prohibits a healthcare provider from being discriminated against because the healthcare provider (i) provided, caused to be provided, or is about to provid e or cause to be provided information relating to an act or omission the healthcare provider reasonably believes to be a violation of this bill to the healthcare provider's employer, the attorney general, a state agency charged with protecting healthcare r ights of conscience, the United States department of health and human services' office of civil rights, or another federal agency charged with protecting healthcare rights of conscience or (ii) testified, assisted, or participated, or is about to testify, assist, or participate, in a proceeding concerning such violation. Unless the disclosure is specifically prohibited by law, this bill prohibits a healthcare provider from being discriminated against because the healthcare provider discloses information, including through a formal or informal communication, transmission, or discussion, that the healthcare provider reasonably believes evinces (i) a violation of any law, rule, or regulation, (ii) a violation of an ethical guideline for the provision of a me d ical procedure, treatment, or service, or (iii) gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety. FRE E SPEECH PROTECTION This bill prohibits a political subdivision of this state that regulates the practice of a healthcare procedure, treatment, or service in this state from reprimanding or sanctioning a healthcare provider, or denying or revoking, or th reatening to deny or revoke, a license, certification, or registration of a healthcare provider for engaging in speech, expression, or association that is protected from government interference by the First Amendment to the United States Constitution, unl e ss the political subdivision demonstrates by clear and convincing evidence that the healthcare provider's speech, expression, or association was the direct cause of physical harm to a person with whom the healthcare provider had a practitioner-patient rel a tionship within the three years immediately preceding the incident of physical harm. This bill prohibits a political subdivision of this state from refusing to issue certification to an individual because the individual has engaged in speech, expression, or association that is protected from government interference by the First Amendment to the United States Constitution, as long as the individual was not providing medical advice or treatment to a specific patient. This bill requires a political subdiv ision of this state, including the department of health and the board of medical examiners, or another department or board regulating the practice of a medical healthcare procedure, treatment, or service in this state, and any specialty board or other rec o gnizing agency approved or recognized by a political subdivision of this state, to provide a healthcare provider with any complaints the political subdivision has received that are based on speech, expression, or association that is protected from governm e nt interference by the First Amendment to the United States Constitution and may result in the revocation of the healthcare provider's license, certification, or registration, within 21 days after receipt of the complaint. The political subdivision, spec i alty board, or recognizing agency must pay the healthcare provider an administrative penalty of $500 for each day the complaint is not provided to the healthcare provider after 21 days. REMEDY This bill authorizes a party aggrieved by a violation of this bill to commence a civil action in a court of competent jurisdiction, and, upon the finding of a violation, provides that such party is entitled to an award of injunctive and declaratory relief and to recover damages sustained, along with the costs of the action and reasonable attorney fees. Such damages are cumulative and are in no way limited by other remedies which may be available under another federal, state, or municipal law. This bill provides that any additional burden or expense on another healthcare provider arising from the exercise of the right of conscience protected in this bill is not a defense to a violation of this bill. ON MARCH 6, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 955, AS AMENDED. AMENDMENT #1 makes the following revisions:  Adds that the provisions relative to the right of a healthcare provider not to participate in, or pay for, a healthcare procedure, treatment, or service that violates the conscience of the healthcare provider do not apply to a healthcare professional or healthcare institution when performing healthcare procedures, treatments, or services for an individual who is in imminent danger of harming themselves or others.  Removes the provision requiring a political subdivision of this state, including the department of health and the board of medical examiners, or another department or board regulating the practice of a medical healthcare procedure, treatment, or service in this state, and any specialty board or other recognizing agency approved or recognized by a political subdivision of this state, to provide a healthcare provider with any complaints the political subdivision has received that are based on speech, expression, or association that is protected from government interference by the First Amendment to the United States Constitution and may result in the revocation of the healthcare provider's license, certification, or registration, within 21 days after receipt of the complaint.  Removes the provision requiring such political subdivision, specialty board, or recognizing agency to pay the healthcare provider an administrative penalty of $500 for each day the complaint is not provided to the healthcare provider after 21 days. ON APRIL 7, 2025, THE HOUSE SUBSTITUTED SENATE BILL 955 FOR HOUSE BILL 1044, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 955, AS AMENDED. AMENDMENT #1 applies the provisions under the free speech protection heading in the summary to, in addition to a political subdivision of the state, any branch, department, agency, commission, or instrumentality of state government and any official or other person acting under color of state law ."