§ 50-20-111 — Right To Refuse Participation In Abortion -- Affirmative Consent Required

50-20-111 . Right to refuse participation in abortion -- affirmative consent required. (1) No private hospital or health care facility shall be required contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of its staff or governing board to admit any person for the purpose of abortion or to permit the use of its facilities for such purpose. Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.
(2) A person may not be scheduled, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the person first affirmatively consents in writing to perform, facilitate, refer for, or participate in the abortion.
(3) (a) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in abortion because of religious beliefs or moral convictions.
(b) If requested by any hospital or health care facility or person desiring an abortion, a refusal shall be in writing signed by the person refusing, but may refer generally to the grounds of "religious beliefs and moral convictions". The refusal of any person to advise concerning, perform, assist, or participate in abortion shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.
(4) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this section. The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.
(5) Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.
(6) As used in this section, the term "person" includes one or more individuals, partnerships, associations, and corporations.

Legislative History

En. 94-5-620 by Sec. 8, Ch. 284, L. 1974; R.C.M. 1947, 94-5-620 ; amd. Sec. 9, Ch. 376, L. 2023.