Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that authorizes denial of healthcare on the basis of religious principles.

Highlights:

• Defines “discrimination” as taking adverse action against, or communicating a threat of any adverse action to any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare payer to decline to participate in a healthcare service based on the conscience of a medical practitioner, healthcare institution, or healthcare payer (Sec. 1).

• Defines “conscience” as the religious, moral, ethical, or philosophical beliefs or principles of a medical practitioner, healthcare, institution, or healthcare payer (Sec. 1).

• Defines “healthcare institution” as a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity involved in providing healthcare services, including, but not limited to (Sec. 1):

• A hospital, clinic, pharmacy, or medical center;

• An ambulatory surgical center, or private physicians office;

• A nursing home or medical training facility;

• An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and

• Any other institution or location where healthcare services are provided to an individual.

• Defines “healthcare payer” as an employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any healthcare service provided to a patient, whether the payment is made as whole or in part (Sec. 1).

• Defines “healthcare service” as any medical care provided to a patient at any time over the entire course of treatment, including, but not limited to (Sec. 1):

• Initial examination or patient referral;

• Therapy, counseling, or psychological therapy;

• Testing or research;

• Diagnosis, prognosis, or instruction;

• Dispensing or administering any drug, medication, or device;

• Set up or performance of a surgery or other procedure;

• Record keeping and record-making procedures and notes related to treatment; and

• Other care or services provided by a medical practitioner or healthcare institution.

• Defines “medical practitioner” as the following, including, but not limited to (Sec. 1):

• A physician, physician assistant, or medical assistant;

• A healthcare institution employee, pharmacist, or pharmacy employee;

• A medical researcher, counselor, or social worker;

• A student, employee, or faculty member of a medical or nursing school;

• An allied health professional, laboratory technician, or healthcare provider; and

• Any professional, paraprofessional, or other.

• Specifies that this act shall protect all medical practitioners, healthcare institutions, and healthcare payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection (Sec. 1).

• Specifies that the aforementioned definition of discrimination shall include the following, including, but not limited to (Sec. 1):

• Termination, demotion, loss of career specialty, or reassignment to a different shift or job title;

• Refusal of staff privileges or board certification;

• Adverse administrative or disciplinary action;

• Reduction of wages, benefits, or privileges; and

• Refusal to award any grant, contract, or another program;

• Refusal to provide residency training opportunities;

• Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution;

• Denial, deprivation, or disqualification of licensure;

• Disqualification from or withholding of financial aid or other financial assistance; and

• Any other penalty or disciplinary retaliatory action, whether executed or threatened.

• Establishes that a medical practitioner, healthcare institution, or healthcare payer is not required to participate in a healthcare service that violates their conscience and is not civilly, criminally, or administratively liable for refusing (Sec. 1).

• Specifies that a medical practitioner, healthcare institution, or healthcare payer that holds themselves out to the public as religious, has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with their religious beliefs (Sec. 1).

• Requires a healthcare payer to file their conscience policies annually with the state insurance department (Sec. 1).

• Specifies that the aforementioned right of conscience does not include the right to deny emergency medical care as required by federal law governing emergency medical treatment (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes denial of healthcare on the basis of religious principles.

Highlights:

• Defines “discrimination” as taking adverse action against, or communicating a threat of any adverse action to any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare payer to decline to participate in a healthcare service based on the conscience of a medical practitioner, healthcare institution, or healthcare payer (Sec. 1).

• Defines “conscience” as the religious, moral, ethical, or philosophical beliefs or principles of a medical practitioner, healthcare, institution, or healthcare payer (Sec. 1).

• Defines “healthcare institution” as a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity involved in providing healthcare services, including, but not limited to (Sec. 1):

• A hospital, clinic, pharmacy, or medical center;

• An ambulatory surgical center, or private physicians office;

• A nursing home or medical training facility;

• An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and

• Any other institution or location where healthcare services are provided to an individual.

• Defines “healthcare payer” as an employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any healthcare service provided to a patient, whether the payment is made as whole or in part (Sec. 1).

• Defines “healthcare service” as any medical care provided to a patient at any time over the entire course of treatment, including, but not limited to (Sec. 1):

• Initial examination or patient referral;

• Therapy, counseling, or psychological therapy;

• Testing or research;

• Diagnosis, prognosis, or instruction;

• Dispensing or administering any drug, medication, or device;

• Set up or performance of a surgery or other procedure;

• Record keeping and record-making procedures and notes related to treatment; and

• Other care or services provided by a medical practitioner or healthcare institution.

• Defines “medical practitioner” as the following, including, but not limited to (Sec. 1):

• A physician, physician assistant, or medical assistant;

• A healthcare institution employee, pharmacist, or pharmacy employee;

• A medical researcher, counselor, or social worker;

• A student, employee, or faculty member of a medical or nursing school;

• An allied health professional, laboratory technician, or healthcare provider; and

• Any professional, paraprofessional, or other.

• Specifies that this act shall protect all medical practitioners, healthcare institutions, and healthcare payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection (Sec. 1).

• Specifies that the aforementioned definition of discrimination shall include the following, including, but not limited to (Sec. 1):

• Termination, demotion, loss of career specialty, or reassignment to a different shift or job title;

• Refusal of staff privileges or board certification;

• Adverse administrative or disciplinary action;

• Reduction of wages, benefits, or privileges; and

• Refusal to award any grant, contract, or another program;

• Refusal to provide residency training opportunities;

• Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution;

• Denial, deprivation, or disqualification of licensure;

• Disqualification from or withholding of financial aid or other financial assistance; and

• Any other penalty or disciplinary retaliatory action, whether executed or threatened.

• Establishes that a medical practitioner, healthcare institution, or healthcare payer is not required to participate in a healthcare service that violates their conscience and is not civilly, criminally, or administratively liable for refusing (Sec. 1).

• Specifies that a medical practitioner, healthcare institution, or healthcare payer that holds themselves out to the public as religious, has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with their religious beliefs (Sec. 1).

• Requires a healthcare payer to file their conscience policies annually with the state insurance department (Sec. 1).

• Specifies that the aforementioned right of conscience does not include the right to deny emergency medical care as required by federal law governing emergency medical treatment (Sec. 1).

Full Bill Text