MEDICAL ETHICS DEFENSE (MED) ACT.

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View NCGA Bill Details2023-2024 Session
House Bill 819 (Public) Filed Tuesday, April 18, 2023
AN ACT TO PROTECT THE RIGHT OF CONSCIENCE OF MEDICAL PRACTITIONERS, HEALTH CARE INSTITUTIONS, AND HEALTH CARE PAYERS.
Intro. by White, Arp, Paré.

Status: Re-ref Com On Judiciary 1 (House action) (Apr 27 2023)
H 819

Bill Summaries:

  • Summary date: Apr 19 2023 - View Summary

    Identical to S 641, filed 4/5/23.

    Contains whereas clauses. Amends GS Chapter 90 by adding new Article 1M, the Medical Ethics Defense Act. Defines the following terms: conscience, disclosure, discrimination, health care institution, health care payer, health care service, medical practitioner, participation in a health care service, and pay or payment.

    Specifies that it is unlawful for any person to discriminate against any medical practitioner, health care institution, or health care payer that refuses to participate in or pay for a health care service on the basis of conscience under Article 1M. Protects these persons from civil, criminal, or administrative liability for exercising their right of conscience not to participate in or pay for a health care service. Protects the health care institution that employs, contracts, or grants admitting privileges to these persons from any civil, criminal, or administrative liability arising from these persons exercising their right of conscience not to participate in or pay for a health care service. 

    Specifies that any medical practitioner, health care  institution, or health care payer that holds itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs has the right to make  employment, staffing, contracting, and admitting privilege decisions consistent with its religious belief. Specifies that a health care practitioner may not be scheduled for, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the health care practitioner affirmatively consents in writing prior to performing, facilitating, referring, or participating in the abortion. Contains rules governing the construction of Article 1M. Provides for a  civil remedy brought by any medical  practitioner, health care institution, or health care payer for any violation of any provision of Article 1M. Provides for treble damages, attorneys’ fees and costs, and injunctive relief. Bars a civil action from being brought against a person who declines to use or purchase health care services from a health care practitioner exercising the rights under Article 1M. Bars retaliation.

    Contains severability clause.

    Effective October 1, 2023.