Legislation

* § 2899-m. Permissible refusals and prohibitions. 1. (a) A physician,
nurse, pharmacist, other health care provider or other person shall not
be under any duty, by law or contract, to participate in the provision
of medication to a patient under this article.

(b) If a health care provider is unable or unwilling to participate in
the provision of medication to a patient under this article and the
patient transfers care to a new health care provider, the prior health
care provider shall transfer or arrange for the transfer, upon request,
of a copy of the patient's relevant medical records to the new health
care provider.

2. (a) A private health care facility may prohibit the prescribing,
dispensing, ordering or self-administering of medication under this
article while the patient is being treated in the health care facility
or in an affiliated facility that is majority-owned, operated, or
controlled by the same corporate entity as the health care facility, or
while the patient is residing in the health care facility if:

(i) the prescribing, dispensing, ordering or self-administering is
contrary to a formally adopted policy of the health care facility that
is expressly based on sincerely held religious beliefs or moral
convictions central to the health care facility's operating principles;
and

(ii) the health care facility has informed the patient of such policy
prior to admission or as soon as reasonably possible.

(b) Where a health care facility has adopted a prohibition under this
subdivision, if a patient who wishes to use medication under this
article requests, the patient shall be transferred promptly to another
health care facility that is reasonably accessible under the
circumstances and willing to permit the prescribing, dispensing,
ordering and self-administering of medication under this article with
respect to the patient.

(b-1) A health care facility or an affiliated facility that is
majority-owned, operated, or controlled by the same corporate entity as
the health care facility that has adopted a prohibition under this
subdivision may restrict any employee from participating in the
provision of medication under this article.

(c) Where a health care facility has adopted a prohibition under this
subdivision, any health care provider or employee or independent
contractor of the health care facility or any facility that is
majority-owned, operated, or controlled by the same corporate entity as
the health care facility who violates the prohibition may be subject to
sanctions otherwise available to the health care facility, provided the
health care facility has previously notified the health care provider,
employee or independent contractor of the prohibition in writing.

3. Nothing in this section shall be construed to restrict a patient at
home from accessing care under this article.

* NB Effective August 5, 2026