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House Engrossed
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State of Arizona
House of Representatives
Forty-seventh
Legislature
First Regular Session
2005
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HOUSE BILL 2541
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AN ACT
AMENDING TITLE 32, CHAPTER 18, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1973; AMENDING TITLE 32, CHAPTER 32, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-3210; AMENDING TITLE 36, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-414; RELATING TO HEALTH CARE PROVIDERS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1973, to read:
32-1973. Right to refuse to participate in certain activities; liability
A. A PHARMACY THAT STATES IN WRITING AN OBJECTION TO PARTICIPATING IN ANY OF THE FOLLOWING ACTIVITIES ON MORAL OR RELIGIOUS GROUNDS IS NOT REQUIRED TO PARTICIPATE IN THAT ACTIVITY BY PROVIDING DRUGS OR DEVICES THAT ARE PRESCRIBED TO ACCOMPLISH THAT ACTIVITY:
1. AN ABORTION.
2. EMERGENCY CONTRACEPTION.
B. A PERSON OR PHARMACY THAT ACTS IN GOOD FAITH PURSUANT TO THIS SECTION IS NOT SUBJECT TO CIVIL LIABILITY. FOR THE PURPOSES OF THIS SUBSECTION, "PHARMACY" INCLUDES THE BUSINESS ENTITY THAT OWNS, CONTROLS OR OPERATES THE PHARMACY.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3210, to read:
32-3210. Right to refuse to participate in certain activities
A HEALTH PROFESSIONAL OR AN EMPLOYEE OF A HEALTH PROFESSIONAL WHO STATES IN WRITING AN OBJECTION TO PARTICIPATING IN ANY OF THE FOLLOWING ACTIVITIES ON MORAL OR RELIGIOUS GROUNDS IS NOT REQUIRED TO PARTICIPATE IN THAT ACTIVITY AND IS NOT SUBJECT TO DISCIPLINARY ACTION FOR NOT PARTICIPATING IN THAT ACTIVITY:
1. AN ABORTION.
2. EMERGENCY CONTRACEPTION.
Sec. 3. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-414, to read:
36-414. Right to refuse to participate in certain activities
A. A HEALTH CARE INSTITUTION THAT STATES IN WRITING AN OBJECTION TO PARTICIPATING IN ANY OF THE FOLLOWING ACTIVITIES ON MORAL OR RELIGIOUS GROUNDS IS NOT REQUIRED TO ADMIT OR TREAT ANY PATIENT FOR THE PURPOSE OF PROVIDING OR PERFORMING:
1. AN ABORTION.
2. EMERGENCY CONTRACEPTION.
B. A PHYSICIAN, A PERSON WHO IS A MEMBER OF OR ASSOCIATED WITH THE STAFF OF A HOSPITAL OR AN EMPLOYEE OF A PHYSICIAN OR HOSPITAL IN WHICH ANY ACTIVITY DESCRIBED IN SUBSECTION A IS AUTHORIZED, WHO STATES IN WRITING AN OBJECTION TO PARTICIPATING IN THAT ACTIVITY ON MORAL OR RELIGIOUS GROUNDS, IS NOT REQUIRED TO PARTICIPATE IN THAT ACTIVITY.