Guam § 31 - Refusal to Participate in Abortion.

§ 31. Refusal to Participate in Abortion.

(a) (1) No employer or other person shall require a physician,

a registered nurse, a licensed vocational nurse, or any person

employed or with staff privileges at a hospital, facility or

clinic to directly participate in the induction or performance

of an abortion, if such employee or other person has filed a

written statement with the employer or the hospital, facility

or clinic indicating a moral, ethical or religious basis for

refusal to participate in the abortion.

(2) No such employee or other person with staff

privileges in a hospital, facility, or clinic shall be subject to

any penalty or discipline by reason of his refusal to

participate in an abortion. No such employee of a hospital,

facility or clinic which does not permit the performance of

abortions, or person with staff privileges therein, shall be

subject to any penalty or discipline on account of such

person’s participation in the performance of an abortion in

other than such hospital, facility or clinic.

(3) No employer shall refuse to employ any person

because of such person’s refusal for moral, ethical or

religious reasons to participate in an abortion, unless such

person would be assigned in the normal course of business of

any hospital, facility or clinic to work in those parts of the

hospital, facility or clinic where abortion patients are cared

for. No provision of this Chapter prohibits any hospital,

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facility or clinic which permits the performance of abortions

from inquiring whether the employee or prospective

employee would advance a moral, ethical or religious basis

for refusal to participate in an abortion before hiring or

assigning such a person to that part of a hospital, facility or

clinic where abortion patients are cared for.

(4) The refusal of a physician, nurse, or any other person

to participate or aid in the induction or performance of an

abortion pursuant to this subsection shall not form the basis

of any claim for damages.

(b) No hospital, facility, or clinic shall refuse staff privileges

to a physician because of such physician’s refusal to participate in

the performance of an abortion for moral, ethical, or religious

reasons.

(c) (1) Nothing in this Chapter shall require a non-profit

hospital or other facility or clinic which is operated by a

religious corporation or other religious organization or any

administrative officer, employee, agent, or member of the

governing board thereof, to perform or permit the

performance of an abortion in such facility or clinic or to

provide abortion services. No such non-profit facility or

clinic organized or operated by a religious corporation or

other religious organization, nor its administrative officers,

employees, agents, or members of its governing board shall

be liable, individually or collectively, for failure or refusal to

participate in any such act.

(2) The failure or refusal of any such corporation,

unincorporated association or individual person to perform

or to permit the performance of such medical procedures

shall not be the basis for any disciplinary or other

recriminatory action against such corporations,

unincorporated associations, or individuals. Any such facility

or clinic which does not permit the performance of abortions

on its premises shall post notice of such proscription in an

area of such facility or clinic which is open to patients and

prospective admittees.

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(d) (1) This section shall not apply to medical emergency

situations and spontaneous abortions.

(2) Any violation of this section is a misdemeanor.