SB 174

Enrolled Copy  S.B. 174
1Exercise of Religious Beliefs and Conscience Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                   Chief Sponsor: Keven J. Stratton
                                   House Sponsor: Karianne Lisonbee
2
3  LONG TITLE
4  General Description:
5      This bill addresses the right of a person to refuse to participate in certain activities relating
6  to a health care service that violates the person's religious beliefs or conscience.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms;
10      ▸ provides that a health care provider has a right of religious belief or conscience that
11  permits the health care provider to refuse to provide or participate in a health care
12  service that violates the health care provider's religious beliefs or conscience;
13      ▸ protects a person who exercises the person's right of religious belief or conscience from
14  being held civilly, criminally, or administratively liable for exercising the right;
15      ▸ requires a health care provider who refuses, under the right of religious belief or
16  conscience, to participate in a health care service, to provide advance notice to the health
17  care institution where the service is provided;
18      ▸ prohibits discrimination or adverse action against a person in retaliation for the person
19  exercising the person's right of religious belief or conscience;
20      ▸ provides for certain government entities to investigate and take administrative action
21  against a person regulated by the government entity who violates the provisions of this
22  bill relating to the exercise of the right of religious belief or conscience;
23      ▸ permits legal action, under certain circumstances, against a person who violates the
24  provisions of this bill relating to the exercise of the right of religious belief or
25  conscience;
26      ▸ permits a health care provider, on the grounds of religious belief or conscience, to refuse
27  to perform or participate in the disposal of remains from the termination of a pregnancy;
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28   and
29▸ makes technical changes.
30   Money Appropriated in this Bill:
31None
32   Other Special Clauses:
33None
34   Utah Code Sections Affected:
35   AMENDS:
3658-1-501, as last amended by Laws of Utah 2025, Chapter 138
3776-7-306, as last amended by Laws of Utah 2023, Chapter 330
38   ENACTS:
3963G-33-301, Utah Code Annotated 1953
4063G-33-302, Utah Code Annotated 1953
4163G-33-303, Utah Code Annotated 1953
4263G-33-304, Utah Code Annotated 1953
4363G-33-305, Utah Code Annotated 1953
44
45   Be it enacted by the Legislature of the state of Utah:
46Section 1. Section 58-1-501 is amended to read:
4758-1-501 . Unlawful and unprofessional conduct.
48   (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under
49this title and includes:
50(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
51attempting to practice or engage in any profession requiring licensure under this title,
52except the behavioral health technician under Chapter 60, Part 6, Behavioral Health
53Coach and Technician Licensing Act, if the person is:
54(i) not licensed to do so or not exempted from licensure under this title; or
55(ii) restricted from doing so by a suspended, revoked, restricted, temporary,
56probationary, or inactive license;
57(b)(i) impersonating another licensee or practicing a profession under a false or
58assumed name, except as permitted by law; or
59(ii) for a licensee who has had a license under this title reinstated following
60disciplinary action, practicing the same profession using a different name than the
61name used before the disciplinary action, except as permitted by law and after
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62notice to, and approval by, the division;
63      (c) knowingly employing any other person to practice or engage in or attempt to practice
64or engage in any profession licensed under this title if the employee is not licensed to
65do so under this title;
66      (d) knowingly permitting the person's authority to practice or engage in any profession
67licensed under this title to be used by another, except as permitted by law;
68      (e) obtaining a passing score on a licensure examination, applying for or obtaining a
69license, or otherwise dealing with the division or a licensing board through the use of
70fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission;
71      (f)(i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
72drug or device to a person located in this state:
73(A) without prescriptive authority conferred by a license issued under this title, or
74by an exemption to licensure under this title; or
75(B) with prescriptive authority conferred by an exception issued under this title or
76a multistate practice privilege recognized under this title, if the prescription
77was issued without first obtaining information, in the usual course of
78professional practice, that is sufficient to establish a diagnosis, to identify
79underlying conditions, and to identify contraindications to the proposed
80treatment; and
81(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
82or cross coverage situation, provided that the person who issues the prescription
83has prescriptive authority conferred by a license under this title, or is exempt from
84licensure under this title; or
85      (g) aiding or abetting any other person to violate any statute, rule, or order regulating a
86profession under this title.
87  (2)(a) "Unprofessional conduct" means conduct, by a licensee or applicant, that is
88      defined as unprofessional conduct under this title or under any rule adopted under
89      this title and includes:
90(i) violating any statute, rule, or order regulating an a profession under this title;
91(ii) violating, or aiding or abetting any other person to violate, any generally accepted
92professional or ethical standard applicable to an occupation or profession
93regulated under this title;
94(iii) subject to the provisions of Subsection (4), engaging in conduct that results in
95conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
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96held in abeyance pending the successful completion of probation with respect to a
97crime that, when considered with the functions and duties of the profession for
98which the license was issued or is to be issued, bears a substantial relationship to
99the licensee's or applicant's ability to safely or competently practice the profession;
100(iv) engaging in conduct that results in disciplinary action, including reprimand,
101censure, diversion, probation, suspension, or revocation, by any other licensing or
102regulatory authority having jurisdiction over the licensee or applicant in the same
103profession if the conduct would, in this state, constitute grounds for denial of
104licensure or disciplinary proceedings under Section 58-1-401;
105(v) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
106chemicals, to the extent that the conduct does, or might reasonably be considered
107to, impair the ability of the licensee or applicant to safely engage in the profession;
108(vi) practicing or attempting to practice a profession regulated under this title despite
109being physically or mentally unfit to do so;
110(vii) practicing or attempting to practice a or profession regulated under this title
111through gross incompetence, gross negligence, or a pattern of incompetency or
112negligence;
113(viii) practicing or attempting to practice a profession requiring licensure under this
114title by any form of action or communication which is false, misleading,
115deceptive, or fraudulent;
116(ix) practicing or attempting to practice a profession regulated under this title beyond
117the scope of the licensee's competency, abilities, or education;
118(x) practicing or attempting to practice a profession regulated under this title beyond
119the scope of the licensee's license;
120(xi) verbally, physically, mentally, or sexually abusing or exploiting any person
121through conduct connected with the licensee's practice under this title or otherwise
122facilitated by the licensee's license;
123(xii) acting as a supervisor without meeting the qualification requirements for that
124position that are defined by statute or rule;
125(xiii) issuing, or aiding and abetting in the issuance of, an order or prescription for a
126drug or device:
127(A) without first obtaining information in the usual course of professional
128practice, that is sufficient to establish a diagnosis, to identify conditions, and to
129identify contraindications to the proposed treatment; or
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130(B) with prescriptive authority conferred by an exception issued under this title, or
131a multi-state practice privilege recognized under this title, if the prescription
132was issued without first obtaining information, in the usual course of
133professional practice, that is sufficient to establish a diagnosis, to identify
134underlying conditions, and to identify contraindications to the proposed
135treatment;
136(xiv) violating a provision of Section 58-1-501.5;
137(xv) violating the terms of an order governing a license;[ or]
138(xvi) violating Section 58-1-511[.] ; or
139(xvii) a violation of a provision of Title 63G, Chapter 33, Part 3, Free Exercise of
140Religious Beliefs or Conscience, by a health care provider, as defined in Section
14163G-33-301.
142      (b) "Unprofessional conduct" does not include:
143(i) a health care provider, as defined in Section 78B-3-403 and who is licensed under
144this title, deviating from medical norms or established practices if the conditions
145described in Subsection (5) are met; and
146(ii) notwithstanding Section 58-1-501.6, a health care provider advertising that the
147health care provider deviates from medical norms or established practices,
148including the maladies the health care provider treats, if the health care provider:
149(A) does not guarantee any results regarding any health care service;
150(B) fully discloses on the health care provider's website that the health care
151provider deviates from medical norms or established practices with a
152conspicuous statement; and
153(C) includes the health care provider's contact information on the website.
154  (3) Unless otherwise specified by statute or administrative rule, in a civil or administrative
155      proceeding commenced by the division under this title, a person subject to any of the
156      unlawful and unprofessional conduct provisions of this title is strictly liable for each
157      violation.
158  (4) The following are not evidence of engaging in unprofessional conduct under Subsection
159      (2)(a)(iii):
160      (a) an arrest not followed by a conviction; or
161      (b) a conviction for which an individual's incarceration has ended more than five years
162before the date of the division's consideration, unless:
163(i) after the incarceration the individual has engaged in additional conduct that results
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164in another conviction, a plea of nolo contendere, or a plea of guilty or nolo
165contendere that is held in abeyance pending the successful completion of
166probation; or
167(ii) the conviction was for:
168(A) a violent felony as defined in Section 76-3-203.5;
169(B) a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4,
170Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act;
171(C) a felony related to criminal fraud or embezzlement, including a felony under
172Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft; or
173(D) a crime or a pattern of crimes that demonstrates a substantial potential to harm
174Utah patients or consumers, as may be determined by the director in a process
175defined by rule made in accordance with Title 63G, Chapter 3, Utah
176Administrative Rulemaking Act.
177   (5) In accordance with Subsection (2)(b)(i), a health care provider may deviate from
178medical norms or established practices if:
179(a) the health care provider does not deviate outside of the health care provider's scope
180of practice and possesses the education, training, and experience to competently and
181safely administer the alternative health care service;
182(b) the health care provider does not provide an alternative health care service that is
183otherwise contrary to any state or federal law;
184(c) the alternative health care service has reasonable potential to be of benefit to the
185patient to whom the alternative health care service is to be given;
186(d) the potential benefit of the alternative health care service outweighs the known
187harms or side effects of the alternative health care service;
188(e) the alternative health care service is reasonably justified under the totality of the
189circumstances;
190(f) after diagnosis but before providing the alternative health care service:
191(i) the health care provider educates the patient on the health care services that are
192within the medical norms and established practices;
193(ii) the health care provider discloses to the patient that the health care provider is
194recommending an alternative health care service that deviates from medical norms
195and established practices;
196(iii) the health care provider discusses the rationale for deviating from medical norms
197and established practices with the patient;
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198(iv) the health care provider discloses any potential risks associated with deviation
199from medical norms and established practices; and
200(v) the patient signs and acknowledges a notice of deviation; and
201      (g) before providing an alternative health care service, the health care provider discloses
202to the patient that the patient may enter into an agreement describing what would
203constitute the health care provider's negligence related to deviation.
204  (6) As used in this section, "notice of deviation" means a written notice provided by a
205      health care provider to a patient that:
206      (a) is specific to the patient;
207      (b) indicates that the health care provider is deviating from medical norms or established
208practices in the health care provider's recommendation for the patient's treatment;
209      (c) describes how the alternative health care service deviates from medical norms or
210established practices;
211      (d) describes the potential risks and benefits associated with the alternative health care
212service;
213      (e) describes the health care provider's reasonably justified rationale regarding the
214reason for the deviation; and
215      (f) provides clear and unequivocal notice to the patient that the patient is agreeing to
216receive the alternative health care service which is outside medical norms and
217established practices.
218Section 2. Section 63G-33-301 is enacted to read:
219Part 3. Free Exercise of Religious Beliefs or Conscience
22063G-33-301 . Definitions.
221     As used in this part:
222  (1)(a) "Adverse action" means:
223(i) termination of employment;
224(ii) a demotion;
225(iii) an adverse administrative action;
226(iv) increased administrative duties;
227(v) refusal of staff privileges;
228(vi) refusal of board certification;
229(vii) loss of career specialty;
230(viii) reduction of wages, benefits, or privileges;
231(ix) refusal to award a grant, contract, or other program;
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232(x) refusal to provide residency training opportunities;
233(xi) denial, deprivation, or disqualification of licensure;
234(xii) withholding or disqualifying from financial aid or other assistance;
235(xiii) an impediment to creating, expanding, or improving, a health care institution;
236(xiv) an impediment to acquiring, associating with, or merging with another health
237care institution; or
238(xv) another penalty, disciplinary action, or retaliatory action.
239(b) "Adverse action" does not include:
240(i) reassigning an individual to a position of reasonably equal pay, opportunity, and
241circumstance, based on principles of sound business operation, unless the
242reassignment constitutes retaliation or punishment of the individual for exercising
243the individual's right of religious belief or conscience; or
244(ii) transfer, demotion, or termination of employment of a health care provider, if:
245(A) the health care services that the health care provider, based on the right of
246religious belief or conscience, refuses to participate in or provide are so
247numerous that the refusal will subject the employer to undue hardship that
248cannot be avoided by less adverse means, including scheduling or other
249accommodations; or
250(B) the health care services that the health care provider, based on the right of
251religious belief or conscience, refuses to participate in or provide are the
252primary or essential functions which the individual was hired to perform.
253   (2) "Belief-based health care institution" means a health care institution that:
254(a) holds itself out to the public as religious based or conscience based;
255(b) states in the health care institution's governing documents that the health care
256institution has a religious or conscience based purpose or mission; and
257(c) has internal operating policies or procedures that implement the health care
258institution's religious beliefs or conscience.
259   (3) "Conscience" means a sincerely held belief as to the rightness or wrongness of an action
260or inaction.
261   (4) "Discriminate," when used in relation to a health care provider, means taking an adverse
262action, or threatening to take an adverse action, against the health care provider as a
263result of the health care provider:
264(a) deciding to not participate in a health care service on the basis of religious belief or
265conscience; or
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266      (b) reporting, or threatening to report, a violation of this part.
267  (5) "Division of Professional Licensing" means the Division of Professional Licensing,
268      created in Section 58-1-103.
269  (6) "Emergency department" means the area of a hospital in which emergency services are
270      provided 24 hours a day.
271  (7) "Health care institution" means a person licensed, certified, or regulated under Title
272      26B, Chapter 2, Licensing and Certifications.
273  (8) "Health care provider" means:
274      (a) an individual licensed, certified, or regulated under:
275(i) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
276(ii) Title 58, Chapter 15, Health Facility Administrator Act;
277(iii) Title 58, Chapter 16a, Utah Optometry Practice Act;
278(iv) Title 58, Chapter 17b, Pharmacy Practice Act;
279(v) Title 58, Chapter 24b, Physical Therapy Practice Act;
280(vi) Title 58, Chapter 24c, Physical Therapy Licensure Compact;
281(vii) Title 58, Chapter 31b, Nurse Practice Act;
282(viii) Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact;
283(ix) Title 58, Chapter 31e, Nurse Licensure Compact - Revised;
284(x) Title 58, Chapter 40, Recreational Therapy Practice Act;
285(xi) Title 58, Chapter 40a, Athletic Trainer Licensing Act;
286(xii) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
287(xiii) Title 58, Chapter 41a, Audiology and Speech-language Pathology Interstate
288Compact;
289(xiv) Title 58, Chapter 42a, Occupational Therapy Practice Act;
290(xv) Title 58, Chapter 42b, Occupational Therapy Licensure Compact;
291(xvi) Title 58, Chapter 44a, Nurse Midwife Practice Act;
292(xvii) Title 58, Chapter 54, Radiologic Technologist, Radiologist Assistant, and
293Radiology Practical Technician Licensing Act;
294(xviii) Title 58, Chapter 57, Respiratory Care Practices Act;
295(xix) Title 58, Chapter 67, Utah Medical Practice Act;
296(xx) Title 58, Chapter 67b, Interstate Medical Licensure Compact;
297(xxi) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
298(xxii) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
299(xxiii) Title 58, Chapter 70a, Utah Physician Assistant Act;
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300(xxiv) Title 58, Chapter 70b, Anesthesiologist Assistant Licensing Act;
301(xxv) Title 58, Chapter 70c, PA Licensure Compact;
302(xxvi) Title 58, Chapter 71, Naturopathic Physician Practice Act;
303(xxvii) Title 58, Chapter 73, Chiropractic Physician Practice Act;
304(xxviii) Title 58, Chapter 75, Genetic Counselors Licensing Act;
305(xxix) Title 58, Chapter 77, Direct-Entry Midwife Act;
306(xxx) Title 58, Chapter 80a, Medical Language Interpreter Act;
307(xxxi) Title 58, Chapter 81, Retired Volunteer Health Care Practitioner Act; or
308(xxxii) Title 58, Chapter 88, General Health Professions; or
309(b) an individual employed or supervised by:
310(i) a person described in Subsection (8)(a); or
311(ii) a health care institution.
312   (9)(a) "Health care service" means medical care provided to a patient at a single time or
313over a period of time.
314(b) "Health care service" includes:
315(i) examination;
316(ii) testing;
317(iii) diagnosis;
318(iv) dispensing or administering a drug, medication, or device;
319(v) research;
320(vi) prognosis;
321(vii) therapy;
322(viii) giving medical advice or taking action based on medical advice;
323(ix) the withholding or withdrawal of life-sustaining care or treatment;
324(x) the termination of a pregnancy;
325(xi) artificial insemination;
326(xii) gender transition;
327(xiii) contraception; or
328(xiv) other care or services provided by a health care provider or health care
329institution.
330(c) "Health care service" does not include medical care provided to an individual during,
331or before, transport of the individual to a health care facility.
332   (10) "Right of religious belief or conscience" means the right described in Subsection
33363G-33-302(1)(a).
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334Section 3. Section 63G-33-302 is enacted to read:
33563G-33-302 . Right to refuse participation in certain matters due to a violation of
336  religious belief or conscience -- Limitations and alternatives -- Advance notice of exercise
337  of right of religious belief or conscience.
338  (1) Except as provided in Subsections (3)(a) through (c), or Subsection (8), a health care
339      provider:
340      (a) may refuse to participate in or provide a health care service that violates the health
341care provider's religious beliefs or conscience; and
342      (b) is not, and may not be held, civilly, criminally, or administratively liable for
343exercising the health care provider's right of religious belief or conscience.
344  (2)(a) Except as provided in Subsection (2)(b), a health care institution is not, and may
345      not be held, civilly, criminally, or administratively liable for any claim related to, or
346      arising out of, the exercise of the right of religious belief or conscience by a health
347      care provider employed, contracted, or granted admitting privileges by the health care
348      institution.
349      (b) Subsection (2)(a) does not apply to liability that arises from an act or omission of the
350health care institution.
351  (3)(a) This part:
352(i) does not override the requirement to provide a medical screening examination and
353stabilizing treatment to a patient under the Emergency Medical Treatment and
354Labor Act, 42 U.S.C. Sec. 1395dd, or any other federal law or regulation; and
355(ii) does not permit a health care provider to fail to provide a medical screening
356examination and stabilizing treatment to a patient while the patient is in the
357emergency department.
358      (b) Exercise of the right of religious belief or conscience is limited to objections to a
359particular health care service based on a person's religious belief or conscience.
360      (c) This part does not waive or modify a duty of a health care provider to provide other
361medical services that do not violate the health care provider's religious beliefs or
362conscience.
363      (d) A health care provider that, due to the right of religious belief or conscience, refuses
364to participate in or provide a health care service shall prominently post the following
365statement on the health care provider's website, and in any reception area where the
366health care provider provides health care services:
367"ACCESS TO HEALTH CARE SERVICES
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368Based on religious belief or conscience, this health care provider does not provide
369the following services:
370[list the services]
371If you are seeking these services, you may view a list of health care providers that
372provide these services at the following website operated by the Department of Health
373and Human Services: [insert the website address provided by the Department of
374Health and Human Services]
375If you are unable to access the website, you may contact the Department of Health
376and Human Services at [insert a phone number provided by the Department of Health
377and Human Services] to obtain information on health care providers that provide the
378service."
379(e) A health care provider described in Subsection 63G-33-301(8)(a) shall disclose to the
380Department of Health and Human Services the health care services that the health
381care provider does not provide due to exercise of the right of religious belief or
382conscience.
383(f) The Department of Health and Human Services shall:
384(i) for each health care service that a health care provider does not provide, due to
385exercise of the right of religious belief or conscience, maintain information on
386health care providers that provide the service;
387(ii) post the information described in Subsection (3)(f)(i) on a website operated by the
388Department of Health and Human Services; and
389(iii) designate a phone number that an individual who cannot access the website
390described in Subsection (3)(f)(ii) may call, during regular business hours, for
391assistance in obtaining the information described in Subsection (3)(f)(i).
392   (4) A health care provider who refuses, under the right of religious belief or conscience, to
393participate in a health care service shall provide advance notice to the health care
394provider's employer, the health care institution where the health care service is to be
395performed, or both, as applicable:
396(a) of the health care service in which the health care provider refuses to participate; and
397(b) that, subject to Subsection (3)(a), the health care provider refuses to participate in the
398health care service because the health care service violates the health care provider's
399right of religious belief or conscience.
400   (5) An employer or health care institution that receives the advance notice described in
401Subsection (4) shall, to the extent reasonably practicable, schedule staffing in a manner
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402      that avoids placing the health care provider in a circumstance where the health care
403      provider may be called upon to perform a health care service that violates the health care
404      provider's religious beliefs or conscience.
405  (6) A health care provider's refusal to participate in a health care service that violates the
406      health care provider's religious beliefs or conscience is not, by itself, evidence that the
407      health care provider engaged in unlawful discrimination based on a protected class.
408  (7) This part:
409      (a) cannot be used to cancel or interfere with a term of an existing contract; and
410      (b) shall be applied in a manner that does not conflict with:
411(i) the Church Amendments, 42 U.S.C. Sec. 300a-7;
412(ii) the Coats-Snowe Amendment, 42 U.S.C. Sec. 238n;
413(iii) the Consolidated Appropriations Act, 2023, Public Law 117-328, Div. H, Title
414V, General Provisions, Sec. 507(d)(1);
415(iv) Safeguarding the Rights of Conscience as Protected by Federal Statutes, 89
416C.F.R. Sec. 2078; or
417(v) any other provision of federal law.
418  (8) A health care provider that is employed at, has admitting privileges at, or otherwise
419      provides health care services at, or for, a belief-based health care institution may not use
420      this part, or any provision of this part, to:
421      (a) refuse to provide a health care service at, or for, the belief-based health care
422institution that the health care provider is contractually required to provide at, or for,
423the belief-based health care institution;
424      (b) refuse to provide a health care service at, or for, the belief-based health care
425institution in a manner that the health care provider is contractually required to use
426when providing the health care service at, or for, the belief-based health care
427institution;
428      (c) provide a health care service at, or for, the belief-based health care institution that the
429health care provider is contractually prohibited from providing at, or for, the
430belief-based health care institution; or
431      (d) provide a health care service at, or for, the belief-based health care institution in a
432manner that the health care provider is contractually prohibited from using when
433providing the health care service at, or for, the belief-based health care institution.
434Section 4. Section 63G-33-303 is enacted to read:
43563G-33-303 . Discrimination prohibited.
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436   (1) A person may not discriminate against a health care provider:
437(a) as a result of the health care provider's exercise of the right of religious belief or
438conscience; or
439(b) because the person believes that the health care provider:
440(i) alleged, or may allege, a violation of this part;
441(ii) provided, caused to be provided, or may provide or cause to be provided,
442information relating to a potential violation of this part; or
443(iii) testified, assisted, or participated in, or may testify, assist, or participate in, an
444investigation or proceeding regarding a potential violation of this part.
445   (2) Subsection (1) does not permit a health care provider to disclose information in
446violation of a provision of law.
447Section 5. Section 63G-33-304 is enacted to read:
44863G-33-304 . Administrative enforcement -- Court action.
449   (1)(a) A health care provider may file a complaint with the Division of Professional
450Licensing alleging a violation of this part by another health care provider.
451(b) The Division of Professional Licensing may:
452(i) investigate a complaint described in Subsection (1)(a);
453(ii) take action, as provided in Section 58-1-501, against a health care provider who
454violates a provision of this part; or
455(iii) bring a legal action in a court with jurisdiction against a health care provider who
456violates a provision of this part.
457(c) If the Division of Professional Licensing does not investigate and take action under
458Subsection (1)(b), the health care provider that filed the complaint may bring an
459action in a court with jurisdiction for the alleged violation of this part.
460(d) If the Division of Professional Licensing brings a legal action under Subsection
461(1)(c), or a health care provider brings a legal action under Subsection (1)(c), the
462person who brings the action:
463(i) may seek, as a remedy for the alleged violation of this part, injunctive relief or
464damages; and
465(ii) if the person prevails in the action, is entitled to an award for reasonable attorney
466fees and costs.
467   (2)(a) A health care provider may file a complaint with the Department of Health and
468Human Services alleging a violation of this part by a health care institution.
469(b) The Department of Health and Human Services shall investigate a complaint
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470described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing
471and Certifications, against a health care institution that violates this part, or may bring
472a legal action in a court with jurisdiction against a health care institution that violates
473this part, to:
474(i) enforce the provisions of this part; and
475(ii) if applicable, impose a penalty for the violation.
476      (c) If the Department of Health and Human Services fails to investigate and take action
477under Subsection (2)(b), the health care provider that filed the complaint may bring
478an action in a court with jurisdiction for the alleged violation of this part.
479      (d) If the Department of Health and Human Services brings a legal action under
480Subsection (2)(b), or a health care provider brings a legal action under Subsection
481(2)(c), the person who brings the action:
482(i) may seek, as a remedy for the alleged violation of this part, injunctive relief or
483damages; and
484(ii) if the person prevails in the action, is entitled to an award for reasonable attorney
485fees and costs.
486Section 6. Section 63G-33-305 is enacted to read:
48763G-33-305 . Effect upon related provisions of law.
488     The provisions of this part are applicable and available in addition to, and not in lieu of,
489  the provisions of Section 76-7-306, relating to abortion, the termination of a pregnancy, or the
490  disposal of remains.
491Section 7. Section 76-7-306 is amended to read:
49276-7-306 . Refusal to participate, admit, or treat for abortion based on religious
493  or moral grounds -- Cause of action.
494  (1) As used in this section:
495      (a) "Conscience" means the same as that term is defined in Section 63G-33-301.
496      [(a)] (b) "Health care facility" [is as] means the same as that term is defined in Section
49726B-2-201.
498      [(b)] (c) "Health care provider" means an individual who is an employee of, has practice
499privileges at, or is otherwise associated with a health care facility.
500  (2) A health care provider may, on [religious or moral grounds] the grounds of religious
501      belief or conscience, refuse to perform or participate in any way, in:
502      (a) an abortion;[ or]
503      (b) a procedure that is intended to, or likely to, result in the termination of a pregnancy[.] ;
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504or
505(c) the disposal of remains resulting from an abortion or a procedure described in
506Subsection (2)(b).
507   (3) Except as otherwise required by law, a health care facility may refuse, on [religious or
508moral grounds] the grounds of religious belief or conscience, to:
509(a) admit a patient for an abortion procedure or another procedure that is intended to, or
510likely to, result in the termination of a pregnancy; or
511(b) perform for a patient an abortion procedure or another procedure that is intended to,
512or likely to, result in the termination of a pregnancy.
513   (4) A health care provider's refusal under Subsection (2) [and] or a health care facility's
514refusal under Subsection (3) may not be the basis for civil liability or other recriminatory
515action.
516   (5) A health care facility, employer, or other person may not take an adverse action against
517a health care provider for exercising the health care provider's right of refusal described
518in Subsection (2), or for bringing or threatening to bring an action described in
519Subsection (6), including:
520(a) dismissal;
521(b) demotion;
522(c) suspension;
523(d) discipline;
524(e) discrimination;
525(f) harassment;
526(g) retaliation;
527(h) adverse change in status;
528(i) termination of, adverse alteration of, or refusal to renew an association or agreement;
529or
530(j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status
531that the health care provider would have otherwise received.
532   (6)(a) A person who is adversely impacted by conduct prohibited in Subsection (5) may
533bring a civil action for equitable relief, including reinstatement, and for damages.
534(b) A person who brings an action under this section must commence the action within
535three years after the day on which the cause of action arises.
536Section 8. Effective Date.
537   This bill takes effect on May 6, 2026.
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