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SB 14: "An Act providing for the protection and reasonable accommodation of a health care provider's expression of conscience pertaining to a health care service; and providing for immunity, an exception, and prohibition of discrimination for an expression of conscience by a health care provider."

00                             SENATE BILL NO. 14                                                                          
01 "An Act providing for the protection and reasonable accommodation of a health care                                      
02 provider's expression of conscience pertaining to a health care service; and providing                                  
03 for immunity, an exception, and prohibition of discrimination for an expression of                                      
04 conscience by a health care provider."                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 18.95 is amended by adding a new section to read:                                                  
07            Sec. 18.95.015. Protection, reasonable accommodation, and notice of                                        
08       conscience objection by health care provider. (a) Except as provided in (c) of this                             
09       section, an employer who receives a notice of objection described in (b) of this section                          
10       shall make reasonable accommodations for the employee providing the notice and                                    
11       may not discriminate against an employee who provides the notice.                                                 
12            (b)  A person who is employed as a health care provider may provide advance                                  
13       written notice to the person's employer of an objection to providing health care                                  
14       services. A health care provider is not required to provide a written explanation of the                          
01       reason for the objection, but the objection must be related to the provider's conscience.                         
02       The objection may not be based on a patient's race, religion, sex, age, disability, or                            
03       national origin.                                                                                                  
04            (c)  An employer is not required to accommodate an employee who has                                          
05       provided notice under (b) of this section if the employer demonstrates that the                                   
06       accommodation poses an undue hardship on the employer or the objecting employee is                                
07       the only health care provider available to assist in the provision of health care services                        
08       in a life-threatening circumstance.                                                                               
09            (d)  Notwithstanding the provision of a written notice of objection under (b) of                             
10       this section, a health care provider may not refuse to provide treatment or care to a                             
11       patient seeking health care services in a life-threatening circumstance until an alternate                        
12       health care provider is available.                                                                                
13            (e)  A person who refuses to provide health care services in compliance with                                 
14       this section may not be held civilly or criminally liable for consequences resulting                              
15       from the compliance.                                                                                              
16            (f)  This section shall be construed in a manner consistent with 42 U.S.C.                                   
17       2000e - 2000e-17 (Title VII, Civil Rights Act of 1964), as amended.                                               
18            (g)  In this section,                                                                                        
19                 (1)  "health care provider" means a person licensed, certified, or                                      
20       registered in the state who provides health care services; in this paragraph, "provide"                           
21       means to counsel, advise, perform, dispense, assist, or refer;                                                    
22                 (2)  "health care services" means treatment, management, and research                                   
23       of illness and health;                                                                                            
24                 (3)  "life-threatening circumstance" means a situation that poses an                                    
25       immediate risk to a person's life or long-term health.