Senate Bill 1986 (2021) — Medical Ethics and Diversity Act
SB 1986
Florida Bills
Florida Senate - 2021 SB 1986 By Senator Baxley 12-01299A-21 20211986__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Medical Ethics and Diversity 2 Act; creating ch. 762, F.S., entitled “Right of 3 Conscience”; creating s. 762.101, F.S.; providing a 4
short title; creating s. 762.102, F.S.; defining 5 terms; creating s. 762.103, F.S.; providing 6 legislative findings and intent; creating s. 762.104, 7 F.S.; establishing the right of health care 8 practitioners, health care institutions, and health 9 care payors to refuse to participate in or pay for 10 health care services they find objectionable to their 11 conscience; providing such entities immunity from 12 liability for exercising their right of conscience; 13 providing health care institutions immunity from 14 liability if a health care practitioner employed by, 15 under contract with, or granted admitting privileges 16 by the health care institution exercises his or her 17 right of conscience; prohibiting discrimination 18 against health care practitioners, institutions, or 19 payors for refusing to participate in or pay for 20 health care services they find objectionable to their 21 conscience; authorizing certain health care 22 practitioners, institutions, and payors to make 23 decisions about employment, staffing, contracting, and 24 admitting privileges consistent with their religious 25 beliefs under certain circumstances; providing 26 construction; creating s. 762.105, F.S.; prohibiting 27 discrimination against health care practitioners for 28 reporting violations to certain entities or for 29
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. testifying, assisting, or participating in related 30 proceedings; prohibiting discrimination against a 31 health care practitioner for disclosing certain 32 information under certain circumstances, with an 33 exception; creating s. 762.106, F.S.; providing a 34 cause of action for health care practitioners, 35 institutions, and payers to seek damages or injunctive 36 relief for certain violations; authorizing aggrieved 37 parties to commence a civil action for violations of 38 this act; providing for damages and attorney fees; 39 authorizing courts to provide certain injunctive 40 relief; creating s. 762.107, F.S.; providing 41 severability; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45
Section 1.
Chapter 762, Florida Statutes, consisting of 46 sections 762.101-762.107, Florida Statutes, entitled “Right of 47 Conscience,” is created. 48
Section
Section 762.101, Florida Statutes, is created to 49 read: 50 762.101
Short title.—This
chapter may be cited as the 51 “Medical Ethics and Diversity Act.” 52
Section
Section 762.102, Florida Statutes, is created to 53 read: 54 762.102
Definitions.—As used in this chapter, the term: 55 (1) “Conscience” means the personal religious, moral, 56 ethical, or philosophical beliefs or principles of a health care 57 practitioner, health care institution, or health care payor. 58
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions.
With respect to health care institutions and health care payors, 59 the term is defined by the entity’s governing documents, 60 including, but not limited to, any published religious, moral, 61 ethical, or philosophical guidelines or directives, mission 62 statements, constitutions, articles of incorporation, bylaws, 63 policies, or regulations. 64 (2) “Disclosure” means a formal or informal communication 65 or transmission but does not include a communication or 66 transmission concerning policy decisions that lawfully exercise 67 discretionary authority, unless the health care practitioner 68 providing the disclosure or transmission reasonably believes the 69 disclosure or transmission demonstrates any of the following: 70 (
a) A violation of any state or federal law or rule. 71 (
b) A violation of any standard of care or other ethical 72 guidelines related to the provision of a health care service. 73 (
c) Gross mismanagement, a gross waste of funds, an abuse 74 of authority, or a substantial and specific danger to public 75 health or safety. 76 (3) “Discrimination” means any adverse action taken 77 against, or any threat of adverse action communicated to, a 78 health care practitioner, institution, or payor as a result of 79 his, her, or its decision to decline to participate in a health 80 care service on the basis of conscience.
The term includes, but 81 is not limited to, termination of employment; transfer from a 82 current position; demotion from a current position; adverse 83 administrative action; reassignment to a different shift or job 84 title; increased administrative duties; refusal of staff 85 privileges; refusal of board certification; loss of career 86 specialty; reduction of wages, benefits, or privileges; refusal 87
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. to award a grant, contract, or other program; refusal to provide 88 residency training opportunities; denial, deprivation, or 89 disqualification of licensure; withholding or disqualifying from 90 financial aid and other assistance; impediments to creating any 91 health care institution or payor or expanding or improving said 92 health care institution or payor; impediments to acquiring, 93 associating with, or merging with any other health care 94 institution or payor; the threat thereof with regard to any of 95 the preceding; or any other penalty, disciplinary, or 96 retaliatory action, whether executed or threatened. 97 (4) “Health care institution” means any public or private 98 hospital, clinic, medical center, physician organization, 99 professional association, ambulatory surgical center, private 100 physician’s office, pharmacy, nursing home, medical school, 101 nursing school, medical training facility, or any other entity 102 or location in which health care services are provided.
The term 103 includes, but is not limited to, organizations, corporations, 104 partnerships, associations, agencies, networks, sole 105 proprietorships, joint ventures, or any other entity that 106 provides health care services. 107 (5) “Health care payor” means any employer, health plan, 108 health maintenance organization, insurance company, management 109 services organization, or any other entity that pays for or 110 arranges for the payment of any health care service provided to 111 a patient, whether that payment is made in whole or in part. 112 (6) “Health care practitioner” has the same meaning as 113 provided in s. 456.001. 114 (7) “Health care service” means any medical care provided 115 to a patient at any point during the entire course of treatment. 116
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions.
The term includes, but is not limited to, initial examination; 117 testing; diagnosis; referral; prescribing, dispensing, or 118 administering any drug, medication, or device; making and 119 retaining treatment notes and other patient records; 120 preparations for a surgery or procedure; psychological therapy 121 or counseling; research; prognosis; therapy; and any other care 122 or necessary services performed or provided by a health care 123 practitioner or employees of a health care institution. 124 (8) “Participate in,” with respect to a health care 125 service, means to provide, perform, assist with, facilitate, 126 refer for, prescribe, counsel on, advise with regard to, admit 127 for the purpose of providing, or take
part in any other way in 128 providing the health care service or any form of such service. 129 (9) “Pay for,” with respect to a health care service, means 130 to provide reimbursement for, contract for, or arrange for the 131 payment of, in whole or in part, the health care service. 132
Section
Section 762.103, Florida Statutes, is created to 133 read: 134 762.103 Legislative findings and intent.—The Legislature 135 finds that every competent adult has the fundamental and 136 inalienable right of conscience, including the right of a health 137 care practitioner, institution, or payor to refuse to 138 participate in or pay for a health care service that is 139 objectionable to his or her conscience. It is the intent of the 140 Legislature to protect health care practitioners, institutions, 141 and payors from discrimination, punishment, or retaliation for 142 exercising their right of conscience. 143
Section
Section 762.104, Florida Statutes, is created to 144 read: 145
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. 762.104 Right of conscience.— 146
(1) A health care practitioner, institution, or payor has 147 the right not to participate in or pay for any health care 148 service that is objectionable to his, her, or its conscience. 149
(2) A health care practitioner, institution, or payor may 150 not be held civilly, criminally, or administratively liable for 151 exercising the right of conscience not to participate in or pay 152 for a health care service. A health care institution may not be 153 held civilly, criminally, or administratively liable for any 154 claim related to a health care practitioner employed by, under 155 contract with, or granted admitting privileges by the health 156 care institution solely on the basis that the health care 157 practitioner exercised his or her right of conscience. 158
(3) A person or entity may not discriminate against a 159 health care practitioner, institution, or payor for refusing to 160 participate in or pay for a health care service on the basis of 161 conscience. 162
(4) Notwithstanding any other law to the contrary, health 163 care practitioners, institutions, or payors that hold themselves 164 out to the public as religious, that state in their governing 165 documents that they have a religious purpose or mission, and 166 that have internal operating policies or procedures that 167 implement their religious beliefs have the right to make 168 employment, staffing, contracting, and admitting privilege 169 decisions consistent with their religious beliefs. 170
(5) This
section may not be construed to waive or modify 171 the duty to provide emergency medical treatment to all patients 172 as required by s. 395.1041 or 42 U.S.C. s. 1395dd. 173
Section
Section 762.105, Florida Statutes, is created to 174
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. read: 175 762.105 Whistleblower protection.— 176
(1) A person or an entity may not discriminate against a 177 health care practitioner in any manner solely because he or she: 178 (
a) Provided, caused to be provided, or is about to provide 179 or cause to be provided information relating to a violation of, 180 or
an act or omission the health care practitioner reasonably 181 believes to be a violation of, any provision of this
chapter to 182 his or her employer, the Attorney General, the United States 183 Department of Health and Human Services, the Office of Civil 184 Rights, or any other federal agency charged with protecting 185 health care rights of conscience; 186 (
b) Testified or is about to testify in a proceeding 187 concerning such violation; or 188 (
c) Assisted or participated, or is about to assist or 189 participate, in such a proceeding. 190
(2) Unless the disclosure is prohibited by law, a person or 191 an entity may not discriminate against a health care 192 practitioner in any manner because the health care practitioner 193 disclosed information that he or she reasonably believes 194 demonstrates any of the following: 195 (
a) A violation of any state or federal law or rule. 196 (
b) A violation of any standard of care or other ethical 197 guidelines related to the provision of a health care service. 198 (
c) Gross mismanagement, a gross waste of funds, an abuse 199 of authority, or a substantial and specific danger to public 200 health or safety. 201
Section
Section 762.106, Florida Statutes, is created to 202 read: 203
Florida Senate - 2021 SB 1986 12-01299A-21 20211986__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. 762.106 Civil remedies.— 204
(1) A health care practitioner, institution, or payor may 205 bring a civil action for damages or injunctive relief for a 206 violation of this chapter. A person or an entity may not use as 207 a defense in such actions the fact that the exercise of the 208 right of conscience by a health care practitioner, institution, 209 or payor caused an additional burden or expense on another 210 health care practitioner, institution, or payor. 211
(2) Any party aggrieved by a violation of this
chapter may 212 commence a civil action and, upon a finding of a violation, is 213 entitled to recover three times the actual damages sustained, 214 along with the costs of the action and reasonable attorney fees. 215 Such damages shall be cumulative and in no way limited by any 216 other remedies available under any other federal, state, or 217 local law. A court considering such civil action may also award 218 injunctive relief, which may include, but is not limited to, 219 reinstatement of a health care practitioner to his or her 220 previous position, reinstatement of board certification, or 221 reinstatement of licensure. 222
Section
Section 762.107, Florida Statutes, is created to 223 read: 224 762.107 Severability.—If any provision of this
chapter or 225 its application is held invalid with respect to any person or 226 circumstance, the invalidity does not affect other provisions or 227 applications of the
chapter which can be given effect without 228 the invalid provision or application, and to this end the 229 provisions of this
chapter are severable. 230