FIFTY-SIXTH LEGISLATURE

FIRST SESSION, 2023

 

February 8, 2023

 

 

 

Mr. Speaker:

 

    Your JUDICIARY COMMITTEE, to whom has been referred

 

HOUSE BILL 7

 

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

 

     1. On page 3, line 2, strike "agent" and insert in lieu thereof "an entity or individual acting on behalf of or within the scope of the authority".

 

     2. On page 3, line 4, after "care", insert "or gender-affirming health care".

 

     3. On page 3, line 5, strike "agent" and insert in lieu thereof "an entity or individual acting on behalf of or within the scope of the authority".

 

     4. On page 3, line 10, strike "agent" and insert in lieu thereof "an entity or individual acting on behalf of or within the scope of the authority".

 

     5. On page 3, line 12, strike "right" and insert in lieu thereof "ability".

 

     6. On page 3, line 15, strike "agent" and insert in lieu thereof "an entity or individual acting on behalf of or within the scope of the authority".

 

     7. On page 3, line 18, strike the closing quotation mark and between lines 18 and 19, insert the following new subsection:

 

          "E. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require any health care provider or entity to provide care:

 

                (1) that the health care provider or entity does not otherwise provide or have a duty to provide under state or federal law;

 

                (2) when the provision of service is against the medical judgment of the treating health care provider while acting within the standard of care; or

 

                (3) when an individual does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay."".

+

     8. On page 4, line 14, strike the closing quotation mark.

 

     9. On page 4, between lines 14 and 15, insert the following new subsection:

 

          "D. Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body. Claims arising from the acts or omissions of individual employees and agents of the public body or entities may be brought against the public body or entity, but not against the individuals."".

 

     10. On page 5, line 8, strike the closing quotation mark.

 

     11. On page 5, between lines 8 and 9, insert the following new subsection:

 

          "D. Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body. Claims arising from the acts or omissions of individual employees and agents of the public body or entities may be brought against the public body or entity, but not against the individuals."".

 

 

 

 

                             

                             Respectfully submitted,

 

 

 

                                                                 

Christine Chandler, Chair

 

 

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

 

Date

 

 

The roll call vote was 7 For 4 Against

Yes:      7

No:       Lane, Nibert, Reeb, Rehm

Excused:  None

Absent:   None

 

.224934.2

 

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