79R1027 YDB-D

By:  Corte                                                        H.B. No. 16 



A BILL TO BE ENTITLED

AN ACT

relating to the right to object to participation in an abortion 
procedure or to the dispensing of an emergency contraceptive.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 103, Occupations Code, is amended to 
read as follows:    

CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN ABORTION PROCEDURE 
OR DISPENSING OF EMERGENCY CONTRACEPTIVE
	Sec. 103.001.  DEFINITION. In this chapter, "emergency 
contraceptive" means a prescription drug containing an elevated 
dose of hormones that is used to prevent pregnancy.
	Sec. 103.002. RIGHT TO OBJECT. A physician, pharmacist,
nurse, staff member, or employee of a hospital, [or other] health 
care facility, or pharmacy who objects to directly or indirectly 
performing or participating in an abortion procedure or dispensing 
an emergency contraceptive may not be required to directly or 
indirectly:
		(1)  perform or participate in the procedure; or                
		(2)  dispense or participate in the dispensing of the 
contraceptive. 
	Sec. 103.003 [103.002]. DISCRIMINATION PROHIBITED. (a) A 
hospital, [or] health care facility, or pharmacy may not 
discriminate against a physician, pharmacist, nurse, staff member, 
or employee, or an applicant for one of those positions, who refuses 
to:
		(1)  perform or participate in an abortion procedure; 
or      
		(2)  dispense or participate in the dispensing of an 
emergency contraceptive.
	(b)  A hospital, [or] health care facility, or pharmacy may 
not discriminate against a physician, pharmacist, nurse, staff 
member, or employee because of the person's willingness to 
participate in an abortion procedure or the dispensing of an 
emergency contraceptive at another facility or pharmacy.
	(c)  An educational institution may not discriminate against 
an applicant for admission or employment as a student, intern, or 
resident because of the applicant's attitude concerning abortion or 
emergency contraceptives.
	Sec. 103.004 [103.003]. REMEDIES. A person whose rights under 
this chapter are violated may sue a hospital, health care facility, 
pharmacy, or educational institution in district court in the 
county where the hospital, facility, pharmacy, or institution is 
located for:
		(1)  an injunction against any further violation;                             
		(2)  appropriate affirmative relief, including 
admission or reinstatement of employment with back pay plus 10 
percent interest;  and
		(3)  any other relief necessary to ensure compliance 
with this chapter.     
	Sec. 103.005 [103.004].  DUTY OF CERTAIN PRIVATE ENTITIES TO 
MAKE FACILITIES AVAILABLE.  A private hospital or private health 
care facility is not required to make its facilities available for 
the performance of an abortion unless a physician determines that 
the life of the mother is immediately endangered.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.