Bill Text: WV HB4884 | 2024 | Regular Session | Introduced
Bill Title: Allowing healthcare workers to refuse to perform procedures related to sex reassignment or gender identity transitioning for religious or conscientious objection
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-18 - To House Health and Human Resources [HB4884 Detail]
Download: West_Virginia-2024-HB4884-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
House Bill 4884
By Delegate Pinson
[Introduced January 18, 2024; Referred
to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1D-1, §16-1D-2, §16-1D-3, and §16-1D-4, all relating to creating a healthcare provider right to object to certain procedures act; definitions; treatments or patients that may be objected to; construction of article; right to file civil action for damages and injunctive relief; action by Attorney General
Be it enacted by the Legislature of West Virginia:
Article 1D. Healthcare Provider Right to Object to Certain Procedures Act.
§16-1D-1. Definitions.
For the purposes of this article:
"Biological Sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience or gender.
"Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to the person's biological sex to identifying with and living as a gender different from the person biological sex and may involve social, legal, or physical changes.
"Healthcare provider" include, but is not limited to: any public or private hospital, outpatient center for primary care, medical center, physician organization, professional association, outpatient center for surgical services, private physician's office, pharmacy, long-term care facility, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed; as well as any physician, nurse practitioner, physician assistant, nurse, nurse aide, allied health professional, medical assistant, hospital employee, employee of an outpatient center for primary care, outpatient center for surgical services, or long-term care facility, pharmacist, pharmacy technician, pharmacy employee, medical school faculty and student, nursing school faculty and student, psychology and counseling faculty and student, medical researcher, laboratory technician, counselor, social worker, or any other person who facilitates or participates in a health care service.
"Religious or conscientious objection" means the ethical, moral, or religious beliefs or principles held by a healthcare provider, or other person covered by this article. With respect to institutional or corporate persons, as opposed to individual persons, the term is determined by reference to that entity or body's governing documents, including but not limited to published ethical, moral, or religious guidelines or directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.
§16-1D-2. Healthcare provider may object and refuse to participate in certain treatments.
(a) No healthcare provider, may be required to:
(1) Perform, assist, or participate in medical procedures, treatments, counseling, prescriptions or surgeries related to sex reassignment or gender identity transitioning, where to do so would be contrary to the person's religious or conscientious objection, or
(2) Accept a patient for purposes of medical procedures, treatments, counseling, prescriptions or surgeries related to sex reassignment or gender identity transitioning, where to do so would be contrary to the person's religious or conscientious objection.
(b) Refusal by a healthcare provider, to perform, assist, participate in, or accept a patient for purposes of, medical procedures, treatments, counseling, prescriptions or surgeries related to sex reassignment or gender identity transitioning, where to do so would be contrary to the person's religious or conscientious objection, is not grounds for civil liability. Nor is it a basis for disciplinary or other recriminatory action, including but not limited to adverse action related to, employment, promotion, advancement transfer, licensing, education, training, the granting of hospital privileges or staff appointments, or access to public benefits.
§16-1D-3. Construction of article.
This article may not be construed to allow the denial of visitation, recognition of a designated representative for health care decision-making, or emergency medical treatment necessary to cure an illness or injury as required by law, pursuant to the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, in effect January 1, 2023.
§16-1D-4. Civil action for damages and injunctive relief; action by Attorney General.
(a) A civil action for compensatory damages, injunctive relief, or any other appropriate relief may be brought by any healthcare provider injured by a violation of any provision of this article. Additionally, the court shall award court costs and reasonable attorney fees to a prevailing party who establishes a violation of this article.
(b) The Attorney General may bring an action to enforce compliance with this article.
NOTE: The purpose of this bill is to create a healthcare provider right to object to certain procedures act with definitions; defining treatments or patients that may be objected to; and providing right to file civil action for damages and injunctive relief and action by the Attorney General.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
