Louisiana § RS 40:1061.20 - Conscience in health care protection; definitions

§ RS 40:1061.20. Conscience in health care protection; definitions

            A.(1) Any person has the right not to participate in, and no person shall be required to participate in any health care service that violates his conscience to the extent that patient access to health care is not compromised. No person shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged for declining to participate in any health care service that violates his conscience.

            (2) This Section shall not prevent an inquiry by an employer or patient regarding whether a person declines to participate in any health care service that violates its conscience. When a patient requests health care services, a person shall identify, in writing, as soon as practicable, his declination to provide a service in accordance with the provisions of this Section. All persons who have a sincerely held religious belief or moral conviction and who seek employment at a health care facility shall notify the prospective employer of the existence of any sincerely held religious belief or moral conviction. Any health care facility that employs a person with a sincerely held religious belief or moral conviction shall ensure that the health care facility has sufficient staff to provide patient care in the event an employee declines to participate in any health care service that violates his conscience.

            (3) The provisions of this Section shall not be construed to relieve any health care provider from providing emergency care as required by state or federal law.

            (4) A person shall notify his employer in writing as soon as practicable of any health care service that violates his conscience. A person shall notify any patient before such person provides any consultation or service to the patient of the existence of a health care service that he will decline to provide because the health care service violates his conscience.

            B. For purposes of this Section:

            (1) "Conscience" means sincerely held religious belief or moral conviction.

            (2) "Health care service" is limited to abortion, dispensation of abortifacient drugs, human embryonic stem cell research, human embryo cloning, euthanasia, or physician-assisted suicide.

            C. A suit alleging a violation of this Section shall be brought in a district court in accordance with R.S. 23:303.

            D. The provisions of R.S. 40:1061.1 shall apply to this Section.

            Acts 2009, No. 372, §1; Redesignated from R.S. 40:1299.35.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.