SB105 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2012

Title

Health care providers authorized to decline to perform services that violate their consciences, exceptions, Health Care Rights of Conscience Act

Summary

SB105 would let health care providers decline to perform or participate in services that violate their conscience, with liability protections and anti-discrimination safeguards, plus certain carve-outs.

What This Bill Does

If passed, health care providers could refuse to perform or participate in health care services they object to in writing before being asked. They would be shielded from civil, criminal, or administrative liability for refusals, except if not performing would immediately endanger a patient’s life. The bill also makes it unlawful to discriminate against providers for declining to participate. It authorizes courts to grant injunctive relief and back pay to correct violations.

Who It Affects

• Health care providers (doctors, nurses, pharmacists, etc.) who object in writing to providing certain services would be allowed to decline and would receive liability immunity and potential remedies if discriminated against.
• Health care institutions, employers, licensing boards, and other oversight or certification bodies, which must respect written conscientious objections and could be subject to injunctive relief, reinstatement, or back pay if they retaliate.

Key Provisions

• Right to decline: a health care provider may refuse to participate in any health care service that violates their conscience if they object in writing before being asked.
• Liability immunity: providers are not civilly, criminally, or administratively liable for refusals, except where failure to act would immediately endanger a patient's life.
• Discrimination prohibition: it is unlawful to discriminate against providers who decline to participate, based on conscience, if objections were in writing.
• Remedies for violations: courts may grant injunctive relief, reinstatement, back pay, and costs of the action.
• Definitions: conscience, health care service, health care provider, participate, object in writing, and discrimination are defined to specify scope.
• Scope and exclusions: health care services include abortion, cloning, human embryonic stem cell research, and sterilization; the act does not apply to abortion clinics licensed by the Board of Health and does not modify certain existing laws; it does not apply to licensed counselors in specified contexts.
• Effective date and severability: the act becomes effective on the first day of the third month after passage; invalid parts can be severed without harming the rest.

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