§ 22-21B-4 — Participation in a Health Care Service That Violates the Conscience of Health Care Provider; Written Objection; Liability

Alabama § 22-21B-4

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 21B: Health Care Rights of Conscience Act

Text

(a) A health care provider has the right not to participate, and no health care provider shall be required to participate, in a health care service that violates his or her conscience when the health care provider has objected in writing prior to being asked to provide such health care services.
(b) When objecting in writing in accordance with this chapter, no health care provider shall be civilly, criminally, or administratively liable for declining to participate in a health care service that violates his or her conscience except when failure to do so would immediately endanger the life of a patient.
(c) It shall be unlawful for any person, health care provider, health care institution, public or private institution, public official, or any board which certifies competency in medical or health care specialties to discriminate against any health care provider in any manner based on his or her declining to participate in a health care service that violates his or her conscience, where the health care provider has made his or her objections known in writing. Provided further, students may be evaluated based on their understanding of course materials, but no student shall be required to perform a health care service or be penalized because he or she subscribes to a particular position on health care services.
(d) Notwithstanding any other provision in this chapter, in a life-threatening situation where no other health care provider is available or capable of providing or participating in a health care or medical service, a health care provider shall provide and participate in diagnosis, medical treatment, medical care, and medical procedures until an alternate health care provider capable of providing or participating in the emergency medical treatment, medical care, or medical procedures is found or otherwise becomes available.
(e) Except as otherwise provided in this section, a hospital, as defined in Section 22-21-20, or other health care entity, and any employee, physician, member, or person associated with the hospital or other health care entity is immune from criminal and civil liability for any damage caused by the refusal of a health care provider to participate in a health care service as defined in this chapter at a facility owned, operated, or controlled by the hospital or other health care entity.

Legislative History

(Act 2017-189, §4.)