SB 174 — Exercise of Religious Beliefs and Conscience Amendments

Free Exercise of Religious Beliefs or Conscience 63G-33-301 .

3.As used in this part:

Free(1)(a) Exercise"Adverse ofaction" Religiousmeans: Beliefs or Conscience As used in this part:

(1)(i) (1){(a)}termination "Adverseof action"employment; means:

(a){(i)}(ii) terminationa ofdemotion; employment;

(b){(ii)}(iii) aan demotion;adverse administrative action;

(c){(iii)}(iv) anincreased adverse administrative action;duties;

(d){(iv)}(v) increasedrefusal administrativeof duties;staff privileges;

(e){(v)}(vi) refusal of staffboard privileges;certification;

(f){(vi)}(vii) refusalloss of boardcareer certification;specialty;

(g){(vii)}(viii) lossreduction of careerwages, specialty;benefits, or privileges;

(h){(viii)}(ix) reductionrefusal ofto wages,award benefits,a grant, contract, or privileges;other program;

(i){(ix)}- refusal7 to- awardS.B. a grant, contract, or other program;

(j){(x)}174 Enrolled Copy (x) refusal to provide residency training opportunities;

(k){(xi)}(xi) denial, deprivation, or disqualification of licensure;

(l){(xii)}(xii) withholding or disqualifying from financial aid or other assistance;

(m){(xiii)}(xiii) an impediment to creating, expanding, or improving, a health care institutioninstitution; {or health care payer} ;

(n){(xiv)}(xiv) an impediment to acquiring, associating with, or merging with another health care institutioninstitution; {or health care payer} ;

or (o){(xv)}(xv) another penalty, disciplinary action, or retaliatory action.

{(2) {"Conscience" means:} } (b) "Adverse action" does not include:

(A) the health care services that the health care provider, based on the right orof religious belief or conscience, refuses to participate in or provide are so numerous that the refusal will subject the - 8 - SB0174 compared with SB0174S04 employer to undue hardship that cannot be avoided by less adverse means, including scheduling or other accommodations;

or (B) the health care services that the health care provider, based on the right orof religious belief or conscience, refuses to participate in or provide are the primary or essential functions which the individual was hired to perform.

(a){(b)}(b) states in the {religious, moral, or ethical beliefs or principles held by an individual who is a } health care {provider, } institution's governing documents that the health care institution{,institution } has a religious or conscience based purpose or {health care payer} mission;

{or} and {(b)(c) {thehas religious,internal moral,operating orpolicies ethical beliefs or principlesprocedures held by an entity that isimplement athe health care provider,institution's healthreligious carebeliefs institution, or healthconscience. care payer, as determined by reference to the entity's governing documents, including:} } {(i) {published religious, moral, or ethical guidelines or directives;} } {(ii) {a mission statement;} } {(iii) {a constitution;} } {(iv) {articles of incorporation;

or} } {(v) {bylaws, policies, or regulations.} } (c) has internal operating policies or procedures that implement the health care institution's religious beliefs or conscience.

(3){(4)}(4) "Discriminate{""Discriminate," } ," when used in relation to a health care provider, means taking an adverse action, or threatening to take an adverse action, against {a } the health care provider{,provider health care institution, or health care payer } as a result oftheof the health care provider:

or (b)- reporting,8 or- threateningEnrolled toCopy report,S.B. a violation of this part.

(4){(5)}174 "Division(b) ofreporting, Professionalor Licensing"threatening meansto thereport, Divisiona violation of Professionalthis Licensing,part. created in Section 58-1-103.

(5) "Division of Professional Licensing" means the Division of Professional Licensing, created in Section 58-1-103.

-(7) 9 - SB0174 compared with SB0174S04 (5){(7)} "Health care institution" means a person licensed, certified, or regulated under Title 26B, Chapter 2, Licensing and Certifications.

{(6)(8) {"Health"Health care payer"provider" meansmeans: an employer, a health plan as defined in 45 C.F.R.

Sec.(a) an individual licensed, certified, or regulated under:

160.103, a health maintenance organization as defined in Section 31A-8-101, an insurance company, a management services organization, or another person that:} } {(a) } {(i) {is a health care sharing ministry as defined in 26 U.S.C.

Section 5000A(d)(2)(B)(ii);

or} } {(ii) } {(A) {holds itself out to the public as religious;} } {(B) {states in the person's governing documents that the person has a religious purpose or mission;

and} } {(C) {has internal operating policies or procedures that implement the person's religious beliefs;

and} } {(b) {pays, in whole or in part for, or arranges for the payment, in whole or in part of, a health care service provided to a patient.} } (7){(8)} "Health care provider" means:

(a) {a person } an individual licensed, certified, or regulated under:

- 10 - SB0174 compared with SB0174S04 (xvi) Title 58, Chapter 44a, Nurse Midwife Practice Act;

{(xix)(xix) {Title 58, Chapter 60, Mental Health Professional Practice Act;} } {(xx) {Title 58, Chapter 60a, Counseling Compact;} } {(xxi) {Title 58, Chapter 60b, Social Work Licensure Compact;} } {(xxii) {Title 58, Chapter 61, Psychologist Licensing Act;} } {(xxiii) {Title 58, Chapter 61b, Psychology Interjurisdictional Compact;} } (xxiv){(xix)} Title 58, Chapter 67, Utah Medical Practice Act;

(xxv){(xx)}(xx) Title 58, Chapter 67b, Interstate Medical Licensure Compact;

(xxvi){(xxi)}(xxi) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(xxvii){(xxii)}(xxii) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;

(xxviii){(xxiii)}(xxiii) Title 58, Chapter 70a, Utah Physician Assistant Act;

(xxix){(xxiv)}- Title9 58,- ChapterS.B. 70b, Anesthesiologist Assistant Licensing Act;

(xxx){(xxv)}174 Enrolled Copy (xxiv) Title 58, Chapter 70c,70b, PAAnesthesiologist LicensureAssistant Compact;Licensing Act;

(xxxi){(xxvi)}(xxv) Title 58, Chapter 71,70c, NaturopathicPA PhysicianLicensure PracticeCompact; Act;

(xxxii){(xxvii)}(xxvi) Title 58, Chapter 73,71, ChiropracticNaturopathic Physician Practice Act;

(xxxiii){(xxviii)}(xxvii) Title 58, Chapter 75,73, GeneticChiropractic CounselorsPhysician LicensingPractice Act;

(xxxiv){(xxix)}(xxviii) Title 58, Chapter 77,75, Direct-EntryGenetic MidwifeCounselors Licensing Act;

(xxxv){(xxx)}(xxix) Title 58, Chapter 80a,77, MedicalDirect-Entry LanguageMidwife Interpreter Act;

(xxxvi){(xxxi)}(xxx) Title 58, Chapter 81,80a, RetiredMedical VolunteerLanguage HealthInterpreter Care Practitioner Act;

{and}(xxxi) or (xxxvii){(xxxii)} Title 58, Chapter 88,81, GeneralRetired Volunteer Health Professions;Care Practitioner Act;

or (xxxii) Title 58, Chapter 88, General Health Professions;

(i) a person described in Subsection {(7)(a)} (8)(a);

or (ii) a health care {facility} institution.

(8){(9)}(9)(a) (a) "Health care service" means medical care provided to a patient at a single time or over a period of time.

- 11 - SB0174 compared with SB0174S04 (ii) testing;

{(v)(v) {psychological therapy or counseling;} } (vi){(v)} research;

(vii){(vi)}(vi) prognosis;

(viii){(vii)}(vii) therapy;

(ix){(viii)}(viii) giving medical advice or taking action based on medical advice;

{(x)(ix) {otherthe carewithholding or serviceswithdrawal providedof bylife-sustaining a health care provider;or treatment;

or} } (xi){(ix)} the withholding or withdrawal of life-sustaining care or treatment{.} ;

or (9){(xiv)}(xiv) {"Religious based" means that } other care or services provided by a health care provider{,provider health care institution, } or health care {payer:} institution.

{(a)(c) {holds"Health itselfcare outservice" todoes thenot publicinclude asmedical religious based;} } {(b) {states in the health care provider's,provided healthto carean institution's,individual during, or healthbefore, caretransport payer'sof governing documents that the healthindividual careto provider,a health care institution,facility. or health care payer has a religious purpose or mission;

and}(10) }"Right (c)of {hasreligious internalbelief operating policies or proceduresconscience" thatmeans implement the healthright }described "Healthin careSubsection {provider's,63G-33-302(1)(a). health care institution's} service" does not include medical care provided to an individual during, or before, transport of the individual to a health care {payer's religious beliefs} facility.

(10)- "Right10 of- religiousEnrolled beliefCopy orS.B. conscience" means the right described in Subsection 63G-33-302(1) (a).

174 Section 3.

Section 363G-33-302 is enacted to read:

63G-33-302.63G-33-302 .

Right to refuse participation in certain matters due to a violation of religious belief or conscience -- Limitations and alternatives -- {Disclosure } Advance notice of exercise of right {to } of religious belief or conscience.

(1) Except as provided in Subsections (3)(a) through (c), or Subsection {(2)} (8), a health care provider{,provider: health care institution, or health care payer} :

- 12 - SB0174 compared with SB0174S04 (a) may refuse to participate in{, or pay in whole } or {in part for, } provide a health care service that violates the health care provider's{,provider's health care institution's, } religious beliefs or {health care payer's } conscience;

and (b) is not, and may not be held, civilly, criminally, or administratively liable for exercising the health care provider's{,provider's health care institution's, or health care payer's } right of religious belief or conscience.

{(2)(2)(a) {The right of conscience does not include refusal of, and may not be used to refuse, a health care service based on an individual's race.} } (2) (3){(a)} {A } Except as provided in Subsection (2)(b), a health care institution is not, and may not be held, civilly, criminally, or administratively liable for any claim related to, or arising out of, the exercise of the right of religious belief or conscience by a health care provider employed, contracted, or granted admitting privileges by the health care institution.

{(4) {A religious based health care provider, health care institution, or health care payer may make employment, staffing, contracting, and admitting privilege decisions consistent with the health care provider's, health care institution's, or health care payer's religious beliefs.} } {(5) } (b) Subsection (2)(a) does not apply to liability that arises from an act or omission of the health care institution.

(3)(3)(a) (a) This part:

(a){(i)}(i) {This part } does not override the requirement to provide {emergency medical } a medical screening examination and stabilizing treatment to {all patients } a patient under the Emergency Medical Treatment and Labor Act, 42 U.S.C.

1395dd1395dd, , or any other federal law or regulation{.}regulation; ;

(b) Exercise of the right of religious belief or conscience is limited to {conscience-based } objections to a particular health care servicebasedservice based on a person's religious belief or conscience.

- 13 - SB0174 compared with SB0174S04 (c) This part does not waive or modify a duty of a health care provider{,provider health care institution, or health care payer } to provide other medical services that do not violate the health care provider's{,provider's health care institution's, or health care payer's } religious beliefs or conscience.

(d) A health care provider {orthat, health care institution } that {exercises } , due to the right of {conscience may, at the health care provider's or health care institution's sole discretion, if requested by the patient } religious belief or {a legal representative of the patient, refer the patient to} conscience, {transfer the patient } refuses to{,to } participate in or provide {information to the patient about, other } a health care {providers or health care institutions that } service shall prominently post the {referring health care provider or } following statement on the health care {institution reasonably believes may offer } provider's website, and in any reception area where the health care {service that the medical practitioner or } provider provides health care {institution refuses, under the right of conscience, to provide.} services:

(e)"ACCESS ATO healthHEALTH careCARE providerSERVICES described- in11 Subsection- 63G-33-301(8)(a)S.B. shall disclose to the Department of Health and Human Services the health care services that the health care provider does not provide due to exercise of the right of religious belief or conscience.

174 Enrolled Copy Based on religious belief or conscience, this health care provider does not provide the following services:

[list the services] If you are seeking these services, you may view a list of health care providers that provide these services at the following website operated by the Department of Health and Human Services:

[insert the website address provided by the Department of Health and Human Services] If you are unable to access the website, you may contact the Department of Health and Human Services at [insert a phone number provided by the Department of Health and Human Services] to obtain information on health care providers that provide the service." (e) A health care provider described in Subsection 63G-33-301(8)(a) shall disclose to the Department of Health and Human Services the health care services that the health care provider does not provide due to exercise of the right of religious belief or conscience.

(6){(4)}(4) A {medical practitioner } health care provider who refuses, under the right of religious belief or conscience, to participate in a health care service shallprovideshall provide advance notice to the health care provider's employer, the health care institution where the health care service is to be performed, or both, as applicable:

(a) {disclose to } of the {medical practitioner's employer and to } health care service in which the health care {institution where the medical procedure is } provider refuses to {be performed:} participate;

and -(b) 14that, -subject SB0174to comparedSubsection with(3)(a), SB0174S04the {(i)health {thecare medicalprovider procedure;refuses to participate in the health care service because the health care service violates the health care provider's right of religious belief or conscience.

and}(5) }An (ii){(b)}employer thator {the medical practitioner } , subject to Subsection (3)(a), the health care providerinstitution refusesthat toreceives participate in the {medicaladvance procedurenotice }described healthin careSubsection service(4) becauseshall, to the {medicalextent procedurereasonably }practicable, healthschedule carestaffing servicein violatesa themanner {medical- practitioner's12 }- healthEnrolled careCopy provider'sS.B. right of religious belief or conscience{;

and}174 .that avoids placing the health care provider in a circumstance where the health care provider may be called upon to perform a health care service that violates the health care provider's religious beliefs or conscience.

{(b) {make the disclosure described in Subsection (6)(a) within a reasonable amount of time after the medical practitioner becomes aware, or should have been aware, that the medical procedure is to be performed.} } (7){(5)} An employer {and a } or health care institution that receives the advance notice described in Subsection {(6) shall make every reasonable effort to properly document } (4) shall, to the {objection status of } extent reasonably practicable, schedule staffing in a {medical practitioner that makes } manner that avoids placing the health care provider in a {disclosure described in Subsection (6)} circumstance where the health care provider may be called upon to perform a health care service that violates the health care provider's religious beliefs or conscience.

- 15 - SB0174 compared with SB0174S04 (a) refuse to provide a health care service at, or for, the belief-based health care institution that the health care provider is contractually required to provide at, or for, the belief-based health care institution;

Section 463G-33-303 is enacted to read:

63G-33-303.63G-33-303 .

(1)- A13 person- mayS.B. not discriminate against a health care provider{, health care institution, or health care payer} :

(a)174 asEnrolled aCopy {primary(1) }A resultperson ofmay thenot healthdiscriminate careagainst provider's{,a health care institution's,provider: or health care payer's } exercise of the right of religious belief or conscience;

or(a) (b)as becausea theresult personof believes that the health care provider{,provider's healthexercise careof institution,the orright healthof carereligious payer}belief :or conscience;

or (b) because the person believes that the health care provider:

(2) Subsection (1) does not permit a health care provider{,provider health care institution, or health care payer } to disclose information in violation of a provision of law.

Section 563G-33-304 is enacted to read:

63G-33-304.63G-33-304 .

{Health care payer -- Documentation and notice requirements} Administrative enforcement -- Court action.

-(1)(a) 16A - SB0174 compared with SB0174S04 {(1) {Except as provided in Subsection (2), a contract, policy, or other document executed between a person and a health care payerprovider thatmay requiresfile thea healthcomplaint carewith payer to pay for, or arrange for the paymentDivision of,of aProfessional healthLicensing carealleging service provided to the person shall contain a statement,violation inof boldthis type:}part } {(a) {stating that some health care services may not be provided, paid for, or arranged for payment, by theanother health care payerprovider. because the provision of those services violates the health care payer's conscience as defined in Section 63G-33-301;

and} } {(b) {listing, or disclosing a location on the internet that lists, the health care services the health care payer will not provide, pay for, or arrange payment for under Subsection (1).} } (1) (2){(a)} {Subsection (1) does not apply to a } A health care {payer that will not refuse to pay for, or refuse to arrange } provider may file a complaint with the {payment } Division of Professional Licensing alleging a violation of{, any } this part by another health care {service} provider.

(c) If the Division of Professional Licensing does not investigate and take action under Subsection (1)(1)(b), (b), the health care provider that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.

(d) If the Division of Professional Licensing brings a legal action under Subsection (2)(b),(1)(c), or a health care provider brings a legal action under Subsection (2)(c),(1)(c), the person who brings the action:

(2)(2)(a) (a) A health care provider may file a complaint with the Department of Health and Human Services alleging a violation of this part by a health care institution.

(b) The Department of Health and Human Services shall investigate a complaint described in Subsection (1)(a) and take action, under Title 26B, Chapter 2, Licensing and Certifications, against - 1714 - SB0174Enrolled comparedCopy withS.B. SB0174S04 a health care institution that violates this part, or may bring a legal action in a court with jurisdiction against a health care institution that violates this part, to:

174 described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing and Certifications, against a health care institution that violates this part, or may bring a legal action in a court with jurisdiction against a health care institution that violates this part, to:

Section 663G-33-305 is enacted to read:

63G-33-305.63G-33-305 .

{Administrative enforcement -- Court action} Effect upon related provisions of law.

{(1) } {(a) {A health care provider, health care institution, or health care payer may file a complaint with the Division of Professional Licensing alleging a violation of this part by a health care provider.} } {(b) {The Division of Professional Licensing shall investigate a complaint described in Subsection (1)(a) and take action, under Title 58, Occupations and Professions, against a health care provider that violates this part, or may bring a legal action in a court with jurisdiction against a health care provider that violates this part, to:} } (i) {enforce the } The provisions of this part{;

and} are applicable and available in addition to, and not in lieu of, {(ii) {if applicable, impose a penalty for the violation.} } {(c) {If the Division of Professional Licensing fails to investigate and take action under Subsection (1) (b), the health care provider, health care institution, or health care payer that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.} } {(d) {If the Division of Professional Licensing brings a legal action under Subsection (2)(b), or a health care provider, health care institution, or health care payer brings a legal action under Subsection (2) (c), the person who brings the action:} } {(i) {may seek, as a remedy for the alleged violation of this part, injunctive relief or damages;

and} } - 18 - SB0174 compared with SB0174S04 {(ii) {if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.} } {(2) } {(a) {A health care provider, health care institution, or health care payer may file a complaint with the Department of Health and Human Services alleging a violation of this part by a health care institution.} } {(b) {The Department of Health and Human Services shall investigate a complaint described in Subsection (1)(a) and take action, under Title 26B, Chapter 2, Licensing and Certifications, against a health care institution that violates this part, or may bring a legal action in a court with jurisdiction against a health care institution that violates this part, to:} } (i) {enforce } the provisions of {this part;

and} Section 76-7-306, relating to abortion, the termination of a pregnancy, or the {(ii) {if applicable, impose a penalty for the violation.} } {(c) {If the Department of Health and Human Services fails to investigate and take action under Subsection (2)(b), the health care provider, health care institution, or health care payer that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.} } {(d) {If the Department of Health and Human Services brings a legal action under Subsection (2)(b), or a health care provider, health care institution, or health care payer brings a legal action under Subsection (2)(c), the person who brings the action:} } {(i) {may seek, as a remedy for the alleged violation of this part, injunctive relief or damages;

and} } {(ii) {if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.} } {(3) } {(a) {A health care provider, health care institution, or health care payer may file a complaint alleging a violation of this part by a health care payer to the state entity that regulates the health care payer.} } {(b) {The state entity that regulates the health care payer shall investigate a complaint described in Subsection (3)(a) and take administrative action against a health care payer that violates this part, or may bring a legal action in a court with jurisdiction against a health care payer that violates this part, to:} } {(i) {enforce the provisions of this part;

and} } {(ii) {if applicable, impose a penalty for the violation.} } - 19 - SB0174 compared with SB0174S04 {(c) {If the state entity that regulates the health care payer fails to investigate and take action under Subsection (3)(b), the health care provider, health care institution, or health care payer that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.} } {(d) {If the state entity that regulates the health care payer brings a legal action under Subsection (3) (b), or a health care provider, health care institution, or health care payer brings a legal action under Subsection (3)(c), the person who brings the action:} } {(i) {may seek, as a remedy for the alleged violation of this part, injunctive relief or damages;

and} } {(ii) {if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.} } disposal of remains.

Section 6.

Section 6 is enacted to read:

63G-33-306.

76-7-306.76-7-306 .

or- (c)15 the- disposalS.B. of remains resulting from an abortion or a procedure described in Subsection (2)(b).

174 Enrolled Copy or (c) the disposal of remains resulting from an abortion or a procedure described in Subsection (2)(b).

- 20 - SB0174 compared with SB0174S04 (a) admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy;

(6)(6)(a) (a) A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages.

Effective date.

2-25-26 4:52 PM - 2116 -