Utah law lets covered health care providers refuse some services for religious or conscience reasons, while requiring emergency care and advance notice.
A covered provider may refuse a particular service that conflicts with the provider’s religious beliefs or conscience. Emergency screening and stabilizing care are still required.
Providers must give advance notice when refusing a service. They must post and report which services they do not offer, and the state must help patients find providers who do offer them.
People may not retaliate against providers for using this right or reporting possible violations. Providers may seek state action or, if the agency does not act, bring a court case.
A covered health care provider may refuse to provide or take part in a service that conflicts with the provider’s religious beliefs or conscience. Covered providers include licensed health workers and people employed or supervised by covered providers or health care institutions. The refusal must concern a particular service and be based on the provider’s religious beliefs or conscience. Providers must still provide emergency screening and stabilizing treatment, and other services that do not conflict with their beliefs. Providers working at a belief-based health care institution may not use this right to violate their contract with that institution.
A provider who refuses a service for religious or conscience reasons must give advance notice to the employer, the institution where the service is planned, or both, as applicable. The advance notice goes to the provider’s employer, the institution where the service is to be performed, or both, as applicable. Providers must post a notice listing the services they do not offer on their website and in each reception area where they provide care. Covered providers must tell the state which services they do not offer; the state must publish information about providers who do offer them and provide a phone number for help finding that information. Employers and institutions must schedule staff to avoid these conflicts when reasonably practicable.
People may not retaliate against providers for using the refusal right or reporting or helping investigate a possible violation. These protections cover providers who exercise the refusal right or report, share information about, or take part in proceedings about a possible violation. A provider may complain to the state about a provider or institution. If the agency does not investigate and act, the provider who complained may bring a court case. A person who wins such a case may recover reasonable legal fees and costs. A refusal alone is not evidence that the provider unlawfully discriminated based on a protected class.
No hearings or votes scheduled.