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This entry was published on 2014-09-22
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SECTION 2994-N
Conscience objections
Public Health (PBH) CHAPTER 45, ARTICLE 29-CC
§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this
article shall be construed to require a private hospital to honor a
health care decision made pursuant to this article if:

(a) The decision is contrary to a formally adopted policy of the
hospital that is expressly based on sincerely held religious beliefs or
sincerely held moral convictions central to the facility's operating
principles;

(b) The hospital has informed the patient, family, or surrogate of
such policy prior to or upon admission, if reasonably possible; and

(c) The patient is transferred promptly to another hospital that is
reasonably accessible under the circumstances and willing to honor the
decision and pending transfer the hospital complies with subdivision
three of section twenty-nine hundred ninety-four-f of this article. If
the patient's family or surrogate is unable or unwilling to arrange such
a transfer, the hospital may intervene to facilitate such a transfer. If
such a transfer is not effected, the hospital shall seek judicial relief
in accordance with section twenty-nine hundred ninety-four-r of this
article or honor the decision.

2. Individual health care providers. Nothing in this article shall be
construed to require an individual as a health care provider to honor a
health care decision made pursuant to this article if:

(a) the decision is contrary to the individual's sincerely held
religious beliefs or sincerely held moral conviction; and

(b) the individual health care provider promptly informs the person
who made the decision and the hospital of his or her refusal to honor
the decision. In such event, the hospital shall promptly transfer
responsibility for the patient to another individual health care
provider willing to honor the decision. The individual health care
provider shall cooperate in facilitating such transfer and comply with
subdivision three of section twenty-nine hundred ninety-four-f of this
article.