Bill Text: AZ SB1362 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Abortion; refusal to assist
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-03-11 - House read second time [SB1362 Detail]
Download: Arizona-2021-SB1362-Engrossed.html
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Senate Engrossed
abortion; refusal to assist |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1362 |
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AN ACT
Amending sections 36-1321, 36-1322 and 36-2154, Arizona Revised Statutes; relating to abortion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-1321, Arizona Revised Statutes, is amended to read:
36-1321. Definitions
In this article, unless the context otherwise requires:
1. "Discriminate" means taking or threatening any adverse action, including any of the following:
(a) Termination of employment.
(b) Transfer from current position.
(c) Demotion from current position.
(d) Adverse administrative action.
(e) Reassignment to a different shift or job title.
(f) Increased administrative duties.
(g) Refusal of staff privileges.
(h) Refusal of board certification.
(i) Reduction of wages, benefits or privileges.
(j) Refusal to award a grant, contract or other benefit.
(k) Refusal to provide residency training opportunities.
(l) Denial, suspension or revocation of a license.
(m) Impediments to creating, expanding or improving a health care entity.
(n) Impediments to acquiring or associating or merging with any other health care entity.
(o) Any other penalty or disciplinary or retaliatory action.
2. "Health care entity" means any of the following or an employee or student of any of the following:
(a) A health care institution as defined in section 36-401.
(b) A health professional as defined in section 32-3201.
(c) A health care services organization as defined in section 20-1051.
(d) A hospital service corporation or medical service corporation as defined in section 20-822.
(e) An accountable health plan as defined in section 20-2301.
3. "Person" includes this state and any agency or political subdivision of this state.
Sec. 2. Section 36-1322, Arizona Revised Statutes, is amended to read:
36-1322. Discrimination prohibited; immunity
A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, such as by means of abortion, emergency contraception, assisted suicide, euthanasia or mercy killing.
B. A health care entity is not liable in any civil, criminal or administrative action for declining to provide any health care item or service for the purpose of causing or assisting in causing the death of any individual as specified in subsection A of this section.
C. This section does not apply to the withholding of cardiopulmonary resuscitation for a patient with a valid prehospital medical care directive as provided in section 36-3251 or a similar medical order to withhold cardiopulmonary resuscitation issued by a licensed health care provider.
Sec. 3. Section 36-2154, Arizona Revised Statutes, is amended to read:
36-2154. Right to refuse to participate in abortion; abortion medication or emergency contraception
A. A hospital is not required to admit any patient for the purpose of performing an abortion. A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee or student of a hospital, doctor, clinic or other medical or surgical facility in which an abortion has been authorized, who states in writing an objection to the abortion on moral, ethical or religious grounds is not required to facilitate or participate in the medical or surgical procedures that will result in the abortion.
B. A pharmacy, hospital, or health professional, school or student or any employee of a pharmacy, hospital or health professional, who states in writing an objection to abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum on moral, ethical or religious grounds is not required to facilitate or participate in the provision of an abortion, abortion medication, emergency contraception or any medication or device intended to inhibit or prevent implantation of a fertilized ovum. The pharmacy, hospital, or health professional, school or student, or an employee of the pharmacy, hospital or health professional, shall return to the patient the patient's written prescription order.
