§ 19a-567 — Adverse credentialing or privileging action based on provision of reproductive health care services prohibited.

(a) As used in this section, (1) “credentialing” means the process of assessing and validating the qualifications of a health care provider applying to be approved to provide treatment, care or services in or for an institution, (2) “health care provider” means a person licensed pursuant to title 20 who provides reproductive health care services, (3) “institution” has the same meaning as provided in section 19a-490, (4) “privileging” means the process of authorizing a health care provider to provide specific treatment, care or services at an institution, and (5) “reproductive health care services” has the same meaning as provided in section 52-571m. (b) An institution shall not revoke, suspend, reprimand, penalize, refuse to issue or renew credentials or privileges or take any other adverse action against a health care provider with respect to credentialing or privileging based solely on the alleged provision of, receipt of, assistance in provision or receipt of, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, reproductive health care services that (1) are permitted under the laws of this state, (2) were provided in accordance with the standard of care applicable to such services, and (3) were provided by the health care provider (A) before the date on which the health care provider entered an employment relationship with the institution, or (B) outside the scope of the health care provider's employment with the institution, regardless of whether the patient receiving such services was a resident of this state. (c) An institution shall not revoke, suspend, reprimand, penalize, refuse to issue or renew credentials or privileges or take any other adverse action against a health care provider based on pending disciplinary action, an unresolved complaint or the imposition of disciplinary action against the applicant by a duly authorized professional disciplinary agency of another state, the District of Columbia, or a commonwealth, territory or possession of the United States that is based solely on the alleged provision of, receipt of, assistance in provision or receipt of, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, reproductive health care services that (1) are permitted under the laws of this state, (2) were provided in accordance with the standard of care applicable to such services, and (3) were provided by the health care provider (A) before the date on which the health care provider entered an employment relationship with the institution, or (B) outside the scope of the health care provider's employment with the institution, regardless of whether the patient receiving such services was a resident of this state. (d) The provisions of this section shall not be construed to prevent an institution from taking any of the actions described in subsections (b) and (c) of this section against a health care provider for conduct that (1) does not conform to the standards of care for the provider's profession, (2) is illegal under the laws of this state, or (3) violates policies or rules of the institution that define the scope of services provided by the institution if (A) such conduct occurs within the scope of the health care provider's employment with, or delivery of care at, the institution, and (B) the institution's enforcement of such policies or rules is not otherwise prohibited by law or regulation.

Legislative History

(P.A. 23-128, S. 3.) History: P.A. 23-31 effective June 7, 2023.