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SB 657 - This act provides medical freedom of conscience protection for medical professionals and health care institutions with respect to the provision and participation of certain medical services. "Medical service" is defined as any phase of patient medical care, treatment, or procedure that includes, but is not limited to, abortion, contraception, sterilization, artificial insemination, assisted reproduction, human cloning, human embryonic stem cell research, human somatic cell nuclear transfer, fetal tissue research, fetal experimentation and the withdrawal of nutrition or hydration. The definition for health care institution is in the act as well as a full list of medical professionals covered under these protections including any individual who may be asked to participate in any way in a medical service. No medical professional or health care institution shall be civilly, criminally, or administratively liable for declining to participate in or provide a medical service that violates the professional's or institution's conscience. However, a health care institution shall provide a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide such medical service. "Conscience" is defined as religious, moral or ethical principles. For purposes of this act, a health care institution's conscience shall be determined by reference to its existing or proposed religious, moral, or ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations, or other relevant documents. It shall be unlawful for a medical professional or health care institution to be discriminated against in any manner based on the professional or institution declining to participate in a medical service that violates the professional's or institution's conscience. The act prescribes the list of prohibited discrimination against a medical professional or institution including denying, depriving or disqualifying with respect to licensure, benefits, or staff privileges as well as denying any form of aid, assistance, grants or benefits, privilege or authorization to the professional or institution. A cause of action for damages or injunctive relief, or both, may be brought for the violation of any provision of this act. It shall not be a defense to any claim arising out of the violation of this act that such violation was necessary to prevent additional burden or expense on any other medical professional, health care institution, individual or patient. Upon a finding of a violation of this act, the aggrieved party shall be entitled to treble damages, including pain and suffering, the costs of the action and reasonable attorney's fees. In no case shall recovery be less than five thousand dollars for each violation in addition to the costs of the action and reasonable attorney's fees. The General Assembly may, by concurrent resolution, appoint one or more of its members who sponsored or co-sponsored this act in his or her official capacity, to intervene as a matter of right in any case in which the constitutionality of this law is challenged. This act contains a severability clause. ADRIANE CROUSE
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