76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action.
(1) As used in this section: "Conscience" means the same as that term is defined in Section. 63G-33-301 "Health care facility" means the same as that term is defined in Section. 26B-2-201 "Health care provider" means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.
(2) A health care provider may, on the grounds of religious belief or conscience, refuse to perform or participate in any way, in: an abortion; a procedure that is intended to, or likely to, result in the termination of a pregnancy; or the disposal of remains resulting from an abortion or a procedure described in Subsection. (2)(b)
(3) Except as otherwise required by law, a health care facility may refuse, on the grounds of religious belief or conscience, to: admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.
(4) A health care provider's refusal under Subsectionor a health care facility's refusal under Subsectionmay not be the basis for civil liability or other recriminatory action. (2) (3)
(5) A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection, or for bringing or threatening to bring an action described in Subsection, including: (2) (6) dismissal; demotion; suspension; discipline; discrimination; harassment; retaliation; adverse change in status; termination of, adverse alteration of, or refusal to renew an association or agreement; or refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.
(6) A person who is adversely impacted by conduct prohibited in Subsectionmay bring a civil action for equitable relief, including reinstatement, and for damages. (5) A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.