SB46 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Cam Ward
Republican
Session: Regular Session 2011
Title: Health Care Rights of Conscience Act, health care providers, institutions, and payers right to decline to perform services that violate their consciences, injunctive relief
Summary: SB46 would let health care providers, institutions, and payers in Alabama decline to provide or pay for services that go against their conscience, with legal protections and remedies if they are penalized.
What This Bill Does
Gives health care providers, institutions, and payers the authority to refuse to perform or participate in certain health care services that violate their conscience. Shields these parties from civil, criminal, or administrative liability for refusals. Prohibits discrimination or disciplinary actions, such as termination or loss of staff privileges, against those who decline. Allows injunctive relief and back pay for violations, and establishes definitions and enforcement mechanisms.

Who It Affects
Health care providers (e.g., doctors, nurses, pharmacists, etc.) can decline to participate in services that violate their conscience and would receive immunity from liability and protection from discriminatory actions when they do so.
Health care institutions (e.g., hospitals, clinics, nursing homes) and health care payers (e.g., insurers, HMOs) can decline to provide or pay for such services and receive protections against liability and discriminatory actions; institutions may require consent forms and are protected in licensure-related decisions and aid or benefits decisions.

Key Provisions
Declares Health Care Rights of Conscience and protects conscience-based refusals by providers, institutions, and payers.
Defines key terms: conscience, health care provider, health care institution, health care payer, health care service, participate, and pay.
Section 4: Providers have the right not to participate; immunity from liability; protected from discrimination for refusals.
Section 5: Health care institutions have the right not to participate; may require patient consent forms; protections against discrimination in licensure, aid, or benefits for institutions declining to participate.
Section 6: Health care payers have the right to decline to pay for services; immunity from liability; protections against discrimination in licensure or aid for payers declining to cover such services.
Section 7: Allows injunctive relief and recovery of costs and attorney's fees for violations; court can order remedies including back pay; Legislature can intervene in constitutional challenges.
Section 9: Specifies the act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Health Care Providers