belief or conscience -- Limitations and alternatives -- Advance notice of exercise of right of religious belief or conscience. (1) Except as provided in Subsections (3)(a) through (c), or Subsection (8), a health care provider: (a) may refuse to participate in or provide a health care service that violates the health care provider's religious beliefs or conscience; and (b) is not, and may not be held, civilly, criminally, or administratively liable for exercising the health care provider's right of religious belief or conscience. (2) (a) Except as provided in Subsection (2)(b), a health care institution is not, and may not be held, civilly, criminally, or administratively liable for any claim related to, or arising out of, the exercise of the right of religious belief or conscience by a health care provider employed, contracted, or granted admitting privileges by the health care institution. (b) Subsection (2)(a) does not apply to liability that arises from an act or omission of the health care institution. (3) (a) This part: (i) does not override the requirement to provide a medical screening examination and stabilizing treatment to a patient under the Emergency Medical Treatment and Labor Act, 42 U.S.C. Sec. 1395dd, or any other federal law or regulation; and (ii) does not permit a health care provider to fail to provide a medical screening examination and stabilizing treatment to a patient while the patient is in the emergency department. (b) Exercise of the right of religious belief or conscience is limited to objections to a particular health care service based on a person's religious belief or conscience. (c) This part does not waive or modify a duty of a health care provider to provide other medical services that do not violate the health care provider's religious beliefs or conscience. (d) A health care provider that, due to the right of religious belief or conscience, refuses to participate in or provide a health care service shall prominently post the following statement on the health care provider's website, and in any reception area where the health care provider provides health care services: "ACCESS TO HEALTH CARE SERVICES Based on religious belief or conscience, this health care provider does not provide the following services: [list the services] If you are seeking these services, you may view a list of health care providers that provide these services at the following website operated by the Department of Health and Human Services: [insert the website address provided by the Department of Health and Human Services] If you are unable to access the website, you may contact the Department of Health and Human Services at [insert a phone number provided by the Department of Health and Human Services] to obtain information on health care providers that provide the service." (e) A health care provider described in Subsection 63G-33-301(8)(a) shall disclose to the Department of Health and Human Services the health care services that the health care provider does not provide due to exercise of the right of religious belief or conscience. (f) The Department of Health and Human Services shall: (i) for each health care service that a health care provider does not provide, due to exercise of the right of religious belief or conscience, maintain information on health care providers that provide the service; (ii) post the information described in Subsection (3)(f)(i) on a website operated by the Department of Health and Human Services; and (iii) designate a phone number that an individual who cannot access the website described in Subsection (3)(f)(ii) may call, during regular business hours, for assistance in obtaining the information described in Subsection (3)(f)(i). (4) A health care provider who refuses, under the right of religious belief or conscience, to participate in a health care service shall provide advance notice to the health care provider's employer, the health care institution where the health care service is to be performed, or both, as applicable: (a) of the health care service in which the health care provider refuses to participate; and (b) that, subject to Subsection (3)(a), the health care provider refuses to participate in the health care service because the health care service violates the health care provider's right of religious belief or conscience. (5) An employer or health care institution that receives the advance notice described in Subsection (4) shall, to the extent reasonably practicable, schedule staffing in a manner that avoids placing the health care provider in a circumstance where the health care provider may be called upon to perform a health care service that violates the health care provider's religious beliefs or conscience. (6) A health care provider's refusal to participate in a health care service that violates the health care provider's religious beliefs or conscience is not, by itself, evidence that the health care provider engaged in unlawful discrimination based on a protected class. (7) This part: (a) cannot be used to cancel or interfere with a term of an existing contract; and (b) shall be applied in a manner that does not conflict with: (i) the Church Amendments, 42 U.S.C. Sec. 300a-7; (ii) the Coats-Snowe Amendment, 42 U.S.C. Sec. 238n; (iii) the Consolidated Appropriations Act, 2023, Public Law 117-328, Div. H, Title V, General Provisions, Sec. 507(d)(1); (iv) Safeguarding the Rights of Conscience as Protected by Federal Statutes, 89 C.F.R. Sec. 2078; or (v) any other provision of federal law. (8) A health care provider that is employed at, has admitting privileges at, or otherwise provides health care services at, or for, a belief-based health care institution may not use this part, or any provision of this part, to: (a) refuse to provide a health care service at, or for, the belief-based health care institution that the health care provider is contractually required to provide at, or for, the belief-based health care institution; (b) refuse to provide a health care service at, or for, the belief-based health care institution in a manner that the health care provider is contractually required to use when providing the health care service at, or for, the belief-based health care institution; (c) provide a health care service at, or for, the belief-based health care institution that the health care provider is contractually prohibited from providing at, or for, the belief-based health care institution; or (d) provide a health care service at, or for, the belief-based health care institution in a manner that the health care provider is contractually prohibited from using when providing the health care service at, or for, the belief-based health care institution.
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