§ 50-4-1103 — Right Of Conscience For Medical Practitioners -- Affirmative Consent For Abortion Services -- Immunity -- Exceptions

50-4-1103 . Right of conscience for medical practitioners -- affirmative consent for abortion services -- immunity -- exceptions. (1) A medical practitioner has the right not to participate in a health care service that violates the medical practitioner's conscience. A health care institution may not be held liable for the exercise of conscience not to participate in a health care service by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution.
(2) A health care institution may require the exercise of conscience as a basis for not participating in a health care service to be made in writing and signed by the medical practitioner objecting. A writing made under this subsection may refer only generally to the grounds of "conscience".
(3) A medical practitioner's refusal to participate in a health care service based on an exercise of conscience may not be a consideration with respect to staff privileges of a health care institution or a basis for discrimination, discipline, or other recriminatory action against the medical practitioner.
(4) A medical practitioner may not be scheduled for, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the medical practitioner first affirmatively consents in writing as provided in 50-20-111 .
(5) Except as provided under Article II, section 18, of the Montana constitution, a medical practitioner may not be held liable for damages allegedly arising from the exercise of conscience not to participate in a health care service.
(6) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111 .

Legislative History

En. Sec. 3, Ch. 376, L. 2023.