SENATE BILL 347
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Gabriel Ramos and David M. Gallegos and Larry R. Scott
and Anthony L. Thornton and Nicholas A. Paul
AN ACT
RELATING TO HEALTH CARE; ENACTING THE HEALTH CARE WORKERS CONSCIENCE PROTECTION ACT; PROVIDING PROTECTIONS FOR HEALTH CARE WORKERS WHO DECLINE TO PARTICIPATE IN ABORTION OR ABORTION-RELATED SERVICES; PROVIDING NOTICE REQUIREMENTS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Health Care Workers Conscience Protection Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Health Care Workers Conscience Protection Act:
A. "abortion" means the intentional termination of a person's pregnancy by a person who knows the person is pregnant, including the provision of information about abortion, provision of a referral to another health care worker that provides abortion, prescription of abortifacient drugs or performance of an abortion;
B. "conscience-based" means based on an ethical, philosophical, moral or religious belief or principle; C. "health care institution" means an organization, a corporation, a partnership, an association, an agency, a network, a sole proprietorship, a joint venture or other entity that provides an abortion or abortion-related service, including a: public or private hospital; health clinic; medical center; physician organization; professional association; ambulatory surgical center; private physician's office; pharmacy; nursing home; medical or nursing school; medical training facility; or other entity that provides an abortion or abortion-related service;
D. "health care payer" means an employer, a health plan, a health maintenance organization, an insurance company, a management services organization or other entity that pays for or arranges for the payment of any portion of an abortion or abortion-related service;
E. "health care worker" means a person who is involved in the delivery of an abortion or abortion-related service, including a: doctor; nurse practitioner; physician assistant; nurse; nurse's assistant; allied health professional; medical assistant; hospital employee; health clinic employee; nursing home employee; pharmacist; pharmacy technician; pharmacy employee; medical school, nursing school, psychology or counseling faculty member; medical, nursing, psychology or counseling student; medical researcher; medical laboratory technician; counselor; social worker; or any other person who takes part in the provision of an abortion or abortion-related service; and
F. "participate" means, with respect to delivery of an abortion or abortion-related service, to:
(1) provide, perform, facilitate, take part in or assist to any degree with an abortion or abortion-related service;
(2) provide to a patient a referral for or counsel or advice with regard to an abortion or abortion-related service; and
(3) admit a patient to receive an abortion or abortion-related service.
SECTION 3. [NEW MATERIAL] PROTECTIONS FOR CONSCIENCE- BASED DECISIONS.--
A. A person shall not be subject to criminal liability, sanctions related to professional licensure or professional or employment disciplinary action for refusing, for a conscience-based reason, to participate in an abortion or abortion-related service.
B. A health care entity, health care payer, managed care organization or health care provider shall not impose upon a person, for the person's refusal to participate in an abortion or abortion-related service for a conscience-based reason, a penalty, censure, discipline or suspension or the loss or denial of a license, credential, privilege or membership.
C. A health care worker who objects to or refuses to, for reasons of conscience, participate in an abortion or abortion-related service shall not be required to participate in that abortion or abortion-related service. If a person that seeks an abortion or abortion-related service changes health care workers, the health care worker who objected or refused to participate shall transfer, upon request, a copy of the person's medical records to the new health care worker.
D. A health care worker's refusal to participate in an abortion or abortion-related service for a conscience-based reason shall not be the basis for a report of the worker's unprofessional conduct, disciplinary investigation or discipline.
E. Adverse action shall not be taken in any form against a health care worker, health care institution or health care payer because of the health care worker's, health care institution's or health care payer's decision to decline to participate in or pay for an abortion or abortion-related service for a conscience-based reason.
F. Determination that a health care institution took an action for a conscience-based reason may be supported by reference to that entity or body's governing documents; published religious, moral, ethical or philosophical guidelines or directives; mission statement; constitution; articles of incorporation; bylaws; policies; and regulations.
SECTION 4. [NEW MATERIAL] NOTICE AND POSTING REQUIREMENT.--
A. Within thirty days of the effective date of the Health Care Workers Conscience Protection Act, and at any time upon request thereafter, a health care institution shall provide all health care workers currently affiliated with the institution a copy of that act.
B. Within fourteen business days of hiring a health care worker, a health care institution shall provide the health care worker with a copy of the Health Care Workers Conscience Protection Act.
C. Every health care institution shall conspicuously post on the institution's premises a sign that summarizes the provisions of the Health Care Workers Conscience Protection Act.
SECTION 5. SEVERABILITY.--If any part or application of the Health Care Workers Conscience Protection Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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