HB95 Alabama 2017 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2017

Title

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

Summary

HB95 creates a Health Care Rights of Conscience Act that lets health care providers decline to perform certain services that violate their conscience and protects them from some liability and discrimination.

What This Bill Does

The bill allows health care providers to refuse to perform or participate in certain health care services if they object in writing in advance. It provides immunity from civil, criminal, or administrative liability for refusals, except in life-threatening emergencies where no other provider is available. It forbids discrimination against providers who decline to participate, and it authorizes injunctive relief and back pay if those rights are violated. It also defines key terms and sets rules for how and when objections must be made, with some limits and exceptions.

Who It Affects

• Health care providers (doctors, nurses, pharmacists, etc.) who object in writing to providing or participating in specific services and would not be required to do so.
• Health care institutions and employers who may be involved in supporting or employing providers and would gain liability protections and must avoid discrimination against objecting providers.
• Patients and standard of care recipients who may need to seek alternative providers when a given provider objects, with life-saving care still required in emergencies.
• Medical students and trainees who are protected from penalties or discriminatory treatment for holding a conscience position, while still being evaluated on course material.
• Abortion clinics and related entities, which are explicitly excluded from applying the act.
• Public officials and boards involved in licensing or certifying health care specialties, which are protected from discriminatory actions against objecting providers.

Key Provisions

• Right to object in writing before being asked to provide a service and to declining to participate in that service.
• Immunity from civil, criminal, and administrative liability for refusals, with an exception only if failing to act would immediately endanger a patient’s life.
• Prohibition of discrimination against providers who decline to participate, when objections are made in writing.
• Allowance of injunctive relief, back pay, and potential reinstatement for violations of the act.
• Definitions of key terms: conscience, health care service (including abortion, cloning, embryonic stem cell research, sterilization, and related activities), health care provider, participate, and Object in Writing.
• Requirement that objections be communicated in writing at least 24 hours before the service is requested, with rules around notifying management of inquiries.
• Emergency provision requiring providers to continue life-saving care if no other capable provider is available, until an alternate provider is found.
• Immunity for hospitals and health care entities and their employees for damages caused by refusals to participate, within defined limits.
• Notable exclusions and limits: does not override abortion laws, and abortion clinics licensed by the State Board of Health are not covered; several existing liability acts and provisions remain in effect.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health Care Providers