Senate
Study
Bill
3006
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
protections
for
health
care
institutions,
1
health
care
payors,
and
medical
practitioners
including
2
those
related
to
the
exercise
of
a
right
of
conscience,
3
whistleblower
activities,
and
free
speech,
and
providing
4
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
135S.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Adverse
action”
includes
termination
of
employment;
4
transfer
or
demotion
from
a
current
position;
an
adverse
5
administrative
action;
reassignment
to
a
different
shift
or
6
job
title;
increased
administrative
duties;
denial
of
staff
7
privileges;
denial
of
board
certification;
loss
of
career
8
specialty;
reduction
of
wages,
benefits,
or
privileges;
refusal
9
to
award
a
grant,
contract,
or
other
funding
opportunity;
10
refusal
to
provide
residency
training
opportunities;
denial,
11
deprivation,
or
disqualification
of
licensure;
withholding
12
or
disqualifying
from
financial
aid
and
other
assistance;
13
impediment
of
the
establishment
or
improvement
of
a
health
care
14
institution
or
health
care
payor;
impediment
of
the
acquisition
15
or
merger
of
a
health
care
institution
or
health
care
payor;
or
16
any
other
penalty,
discipline,
or
retaliatory
action.
17
2.
a.
“Conscience”
means
the
ethical,
moral,
or
religious
18
beliefs
or
principles
held
by
a
medical
practitioner,
health
19
care
institution,
or
health
care
payor.
20
b.
With
respect
to
persons
who
are
institutions,
21
corporations,
or
other
legal
entities,
“conscience”
is
22
determined
by
reference
to
that
entity’s
governing
documents
23
including
but
not
limited
to
published
ethical,
moral,
or
24
religious
guidelines
or
directives,
mission
statements,
25
constitutions,
articles
of
incorporation,
bylaws,
policies,
or
26
regulations.
27
3.
“Discrimination”
means
an
adverse
action
taken
against,
28
or
a
threat
of
adverse
action
communicated
to,
a
medical
29
practitioner,
health
care
institution,
or
health
care
payor
as
30
a
result
of
the
refusal
of
the
medical
practitioner,
health
31
care
institution,
or
health
care
payor
to
participate
in
a
32
health
care
service
on
the
basis
of
conscience.
33
4.
“Health
care
institution”
means
a
hospital,
an
34
outpatient
primary
care
location,
a
medical
center,
a
physician
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organization,
a
professional
association,
an
ambulatory
1
surgical
center,
a
private
office
of
a
medical
practitioner,
a
2
pharmacy,
a
health
care
facility,
a
medical
or
nursing
school,
3
a
medical
training
facility,
or
any
other
entity
or
location
4
in
which
health
care
services
are
performed.
“Health
care
5
institution”
includes
but
is
not
limited
to
organizations,
6
corporations,
partnerships,
associations,
agencies,
networks,
7
sole
proprietorships,
and
joint
ventures.
8
5.
“Health
care
payor”
means
an
employer,
a
health
plan,
9
an
insurer,
a
management
services
organization,
or
any
other
10
entity
that
pays
for
or
arranges
for
payment,
in
whole
or
in
11
part,
for
a
health
care
service.
12
6.
“Health
care
service”
means
medical
care
provided
to
a
13
patient
at
any
time
during
the
patient’s
course
of
treatment,
14
including
but
not
limited
to
initial
examination,
testing,
15
diagnosis,
or
referral;
dispensing
or
administration
of
a
drug,
16
medication,
or
device;
psychological
therapy
or
counseling;
17
research,
prognosis,
therapy,
recordmaking,
notes
related
to
18
treatment,
set
up,
or
performance
of
a
surgery
or
procedure;
or
19
any
other
care
or
service
performed
or
provided
by
a
medical
20
practitioner.
21
7.
“Insurer”
means
any
entity,
including
a
health
22
service
corporation,
health
maintenance
organization,
or
any
23
similar
corporation
or
organization,
or
an
employer
offering
24
self-insurance,
that
provides
a
health
benefit
plan,
but
does
25
not
include
an
entity
that
provides
public
coverage.
26
8.
“Medical
practitioner”
means
a
person
who
facilitates
27
or
participates,
or
who
is
asked
to
facilitate
or
participate
28
in
a
health
care
service,
including
but
not
limited
to
a
29
health-related
professional
licensed
by
a
board
designated
in
30
section
147.13,
and
any
other
person
licensed,
certified,
or
31
otherwise
authorized
or
permitted
by
the
laws
of
this
state
32
to
administer
a
health
care
service
in
the
ordinary
course
of
33
business
or
in
the
practice
of
a
profession.
34
9.
“Participate
in
a
health
care
service”
means
to
provide,
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perform,
assist
with,
facilitate,
refer
for,
provide
counseling
1
for,
advise
with
regard
to,
admit
for
the
purposes
of
2
providing,
or
take
part
in
a
health
care
service
in
any
way.
3
10.
“Person”
means
the
same
as
defined
in
section
4.1.
4
Sec.
2.
NEW
SECTION
.
135S.2
Exercise
of
conscience
for
5
health
care
institutions,
health
care
payors,
and
medical
6
practitioners
——
immunity
——
exception.
7
1.
a.
A
health
care
institution
or
health
care
payor
shall
8
not
be
required
to
participate
in
or
pay
for
a
health
care
9
service
that
violates
the
health
care
institution’s
or
health
10
care
payor’s
conscience,
including
by
permitting
the
use
of
the
11
health
care
institution’s
or
health
care
payor’s
facilities.
12
b.
A
health
care
payor
shall
list
any
health
care
service
13
the
health
care
payor
refuses
to
pay
for
on
the
basis
of
their
14
right
of
conscience
in
the
health
care
payor’s
policies,
plans,
15
contracts,
or
other
agreements.
16
c.
Except
as
provided
in
subsection
4,
a
health
care
17
institution
or
health
care
payor
that
refuses
to
participate
in
18
or
pay
for
a
health
care
service
under
this
section
is
immune
19
from
liability
for
damages
allegedly
arising
from
the
refusal,
20
and
such
refusal
shall
not
be
the
basis
for
any
discrimination
21
against
the
health
care
institution
or
health
care
payor.
22
2.
a.
A
medical
practitioner
has
the
right
not
to
23
participate
in
a
health
care
service
that
violates
the
medical
24
practitioner’s
conscience.
25
b.
A
health
care
institution
may
require
a
medical
26
practitioner
who
is
employed,
contracted,
or
granted
admitting
27
privileges
by
the
health
care
institution
and
who
is
seeking
to
28
exercise
their
conscience
by
not
participating
in
a
health
care
29
service,
to
submit
to
the
health
care
institution
a
written
30
refusal
signed
by
the
medical
practitioner.
A
written
refusal
31
made
under
this
paragraph
shall
refer
only
generally
to
the
32
grounds
of
conscience.
Except
as
provided
in
subsection
4,
33
a
health
care
institution
is
immune
from
liability
for
the
34
exercise
of
conscience
by
a
medical
practitioner.
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c.
A
medical
practitioner
who
refuses
to
participate
in
a
1
health
care
service
under
this
section
is
immune
from
liability
2
for
damages
allegedly
arising
from
the
refusal,
and
such
3
refusal
shall
not
be
the
basis
for
any
discrimination
against
4
the
medical
practitioner.
5
3.
This
section
shall
not
be
construed
to
relieve
a
health
6
care
institution
of
the
requirement
to
provide
emergency
7
medical
services
to
all
patients
as
required
under
42
U.S.C.
8
§1395dd.
9
4.
The
immunity
provisions
of
this
section
shall
not
apply
10
to
a
health
care
institution
or
a
health
care
payor
owned
or
11
operated
by
the
state
or
a
political
subdivision
of
the
state.
12
Sec.
3.
NEW
SECTION
.
135S.3
Exercise
of
conscience
not
13
grounds
for
loss
of
privileges,
immunities,
or
public
benefits.
14
The
exercise
of
conscience
by
a
health
care
institution,
15
health
care
payor,
or
medical
practitioner
not
to
participate
16
in
a
health
care
service
shall
not
be
grounds
for
loss
of
any
17
privileges,
immunities,
or
public
benefits
under
state
law.
18
Sec.
4.
NEW
SECTION
.
135S.4
Whistleblower
protections.
19
1.
A
medical
practitioner
or
health
care
institution
shall
20
not
be
discriminated
against
because
the
medical
practitioner
21
or
health
care
institution
does
any
of
the
following:
22
a.
Provides,
causes
to
be
provided,
or
intends
to
provide
23
or
cause
to
be
provided
information
relating
to
a
suspected
24
violation
of
this
chapter
to
the
medical
practitioner
or
health
25
care
institution’s
employer,
the
attorney
general,
any
agency
26
charged
with
protecting
health
care
rights
of
conscience,
27
the
United
States
department
of
health
and
human
services,
28
the
United
States
commission
on
civil
rights,
or
any
other
29
federal
agency
charged
with
protecting
health
care
rights
of
30
conscience.
31
b.
Testifies
or
intends
to
testify
in
a
proceeding
32
concerning
a
violation
of
this
chapter.
33
c.
Assists
or
participates,
or
intends
to
assist
or
34
participate,
in
a
proceeding
under
this
chapter.
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2.
It
shall
be
unlawful
to
discriminate
against
a
medical
1
practitioner
because
the
medical
practitioner
discloses
2
information
to
appropriate
government,
regulatory,
or
law
3
enforcement
entities
that
the
medical
practitioner
reasonably
4
believes
evidences
any
of
the
following:
5
a.
A
violation
of
any
law
or
rule.
6
b.
A
violation
of
any
standard
of
care
or
ethical
guidelines
7
for
the
provision
of
any
health
care
service.
8
c.
Gross
mismanagement,
a
gross
waste
of
funds,
an
abuse
9
of
authority,
practices,
or
methods
of
treatment
that
may
put
10
patient
health
at
risk,
or
a
substantial
and
specific
danger
to
11
public
health
or
safety.
12
3.
This
section
shall
not
be
construed
to
exempt
a
13
person
from
the
requirements
of
the
federal
Health
Insurance
14
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
15
104-191,
including
amendments
thereto
and
regulations
16
promulgated
thereunder,
or
any
other
applicable
confidentiality
17
and
patient
privacy
requirements.
18
Sec.
5.
NEW
SECTION
.
135S.5
Free
speech
protections
——
19
notification
of
complaints
——
penalty.
20
1.
The
department
of
health
and
human
services,
a
licensing
21
board
designated
under
chapter
147,
or
any
other
licensing
22
or
certifying
entity
of
a
medical
practitioner
shall
not
23
reprimand,
sanction,
or
revoke
or
threaten
to
revoke
a
license
24
or
certification
of
a
medical
practitioner
who
is
licensed
25
or
certified
by
the
department,
licensing
board,
or
other
26
licensing
or
certifying
entity
for
engaging
in
speech
or
27
expressive
activity
protected
under
the
first
amendment
to
28
the
Constitution
of
the
United
States,
unless
the
department,
29
licensing
board,
or
other
licensing
or
certifying
entity
30
demonstrates
beyond
a
reasonable
doubt
that
the
medical
31
practitioner’s
speech
was
the
direct
cause
of
physical
harm
32
to
a
person
with
whom
the
medical
practitioner
had
a
medical
33
practitioner-patient
relationship
within
the
three
years
34
immediately
preceding
the
incident
of
physical
harm.
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2.
a.
Within
fourteen
days
of
receiving
a
complaint
that
1
alleges
a
medical
practitioner’s
speech
was
the
direct
cause
of
2
physical
harm
to
a
person
with
whom
the
medical
practitioner
3
had
a
medical
practitioner-patient
relationship
that
may
4
result
in
revocation
of
a
medical
practitioner’s
license,
the
5
department,
licensing
board,
or
other
licensing
or
certifying
6
entity
shall
provide
the
medical
practitioner
with
a
copy
of
7
the
complaint.
8
b.
If
the
department,
licensing
board,
or
other
licensing
or
9
certifying
entity
fails
to
provide
a
copy
of
the
complaint
to
10
the
medical
practitioner
within
fourteen
days
of
receipt,
the
11
department,
licensing
board,
or
other
certifying
entity
shall
12
pay
the
medical
practitioner
an
administrative
penalty
of
five
13
hundred
dollars
for
each
week
of
noncompliance.
14
Sec.
6.
NEW
SECTION
.
135S.6
Unlawful
interference
——
15
relief.
16
1.
It
is
unlawful
for
a
person
to
interfere
or
attempt
to
17
interfere
with
the
exercise
of
conscience
not
to
participate
in
18
a
health
care
service,
or
in
the
whistleblower
or
free
speech
19
rights
and
protections
under
this
chapter,
whether
by
duress,
20
coercion,
or
any
other
means.
21
2.
A
health
care
institution,
health
care
payor,
or
medical
22
practitioner
that
alleges
injury
by
unlawful
interference
23
by
a
person
under
this
chapter
may
bring
a
civil
action
in
24
a
court
of
competent
jurisdiction.
If
a
court
of
competent
25
jurisdiction
finds
a
person
liable
under
this
section,
the
26
court
may
order
any
of
the
following:
27
a.
Injunctive
relief,
when
appropriate,
including
but
not
28
limited
to
reinstatement
of
a
medical
practitioner
to
the
29
medical
practitioner’s
previous
position,
or
reinstatement
30
or
reactivation
of
licensure
or
certification
of
a
medical
31
practitioner,
or
reactivation
or
reinstatement
of
licensure
of
32
a
health
care
institution
or
a
health
care
payor.
33
b.
Monetary
damages
for
injuries
suffered.
34
c.
Reasonable
costs
and
attorney
fees.
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Sec.
7.
NEW
SECTION
.
135S.7
Relationship
to
rights
and
1
remedies
relating
to
abortion.
2
This
chapter
shall
not
be
construed
to
modify
or
limit
the
3
rights
and
remedies
provided
under
chapter
146.
4
Sec.
8.
Section
146.1,
Code
2024,
is
amended
to
read
as
5
follows:
6
146.1
Liability
of
persons
relating
to
performance
of
7
abortions
——
written
affirmative
consent
required
.
8
1.
An
individual
who
may
lawfully
perform,
facilitate,
9
assist,
refer
for,
or
otherwise
participate
in
medical
10
procedures
which
will
result
in
an
abortion
shall
not
be
11
required
against
that
individual’s
religious
beliefs
or
moral
12
convictions
to
perform,
facilitate,
assist,
refer
for,
or
13
otherwise
participate
in
such
procedures.
14
2.
A
person
shall
not
discriminate
against
any
individual
in
15
any
way,
including
but
not
limited
to
employment,
promotion,
16
advancement,
transfer,
licensing,
education,
training
or
the
17
granting
of
hospital
privileges
or
staff
appointments,
because
18
of
the
individual’s
participation
in
or
refusal
to
participate
19
in
recommending,
performing,
or
assisting
in
an
abortion
20
procedure
as
described
in
subsection
1
.
21
3.
An
individual
shall
not
be
scheduled,
assigned,
or
22
requested
to
directly
or
indirectly
perform,
facilitate,
23
assist,
refer
for,
or
otherwise
participate
in
an
abortion
24
unless
the
individual
first
affirmatively
consents
in
writing
25
to
perform,
facilitate,
refer
for,
or
otherwise
participate
in
26
the
abortion.
27
4.
For
the
purposes
of
this
chapter
,
“abortion”
means
the
28
termination
of
a
human
pregnancy
with
the
intent
other
than
to
29
produce
a
live
birth
or
to
remove
a
dead
fetus.
Abortion
does
30
not
include
medical
care
which
has
as
its
primary
purpose
the
31
treatment
of
a
serious
physical
condition
requiring
emergency
32
medical
treatment
necessary
to
save
the
life
of
a
mother.
33
Sec.
9.
APPLICABILITY.
This
Act
applies
to
a
health
care
34
payor
policy,
contract,
plan,
or
other
agreement
delivered,
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issued
for
delivery,
continued,
or
renewed
in
this
state
on
or
1
after
January
1,
2025.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
protections
for
health
care
6
institutions,
health
care
payors,
and
medical
practitioners
7
involving
a
right
of
conscience,
whistleblower
activities,
and
8
free
speech.
9
The
bill
provides
definitions
used
in
the
bill
including
for
10
“conscience”,
“health
care
institution”,
“health
care
payor”,
11
“health
care
service”,
and
“medical
practitioner”.
12
The
bill
provides
that
a
health
care
institution
or
health
13
care
payor
shall
not
be
required
to
participate
in
or
pay
for
a
14
health
care
service
that
violates
the
health
care
institution’s
15
or
health
care
payor’s
conscience.
A
health
care
payor
shall
16
list
any
health
care
service
the
health
care
payor
refuses
to
17
pay
for
on
the
basis
of
their
conscience
in
the
health
care
18
payor’s
policies,
plans,
contracts,
or
other
agreements.
19
A
health
care
institution
or
health
care
payor
that
refuses
20
to
participate
in
or
pay
for
a
health
care
service
is
immune
21
from
liability
for
damages
allegedly
arising
from
the
refusal,
22
and
such
refusal
shall
not
be
the
basis
for
any
discrimination
23
against
the
health
care
institution
or
health
care
payor.
24
The
bill
also
provides
that
a
medical
practitioner
has
25
the
right
not
to
participate
in
a
health
care
service
that
26
violates
the
medical
practitioner’s
conscience.
A
health
care
27
institution
may
require
a
medical
practitioner
who
is
employed,
28
contracted,
or
granted
admitting
privileges
by
the
health
care
29
institution
and
who
is
seeking
to
exercise
their
conscience
30
by
not
participating
in
a
health
care
service,
to
submit
to
31
the
health
care
institution
a
written
refusal
signed
by
the
32
medical
practitioner.
A
health
care
institution
is
immune
from
33
liability
for
the
exercise
of
conscience
not
to
participate
in
34
a
health
care
service
by
a
medical
practitioner.
A
medical
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practitioner
who
refuses
to
participate
in
a
health
care
1
service
due
to
exercise
of
conscience
is
immune
from
liability
2
for
damages
allegedly
arising
from
the
refusal,
and
such
3
refusal
shall
not
be
the
basis
for
any
discrimination
against
4
the
medical
practitioner.
5
These
provisions
are
not
to
be
construed
to
relieve
a
6
health
care
institution
of
the
requirement
under
federal
law
7
to
provide
emergency
medical
services
to
all
patients.
The
8
immunity
provisions
do
not
apply
to
a
health
care
institution
9
or
health
care
payor
owned
or
operated
by
the
state
or
a
10
political
subdivision
of
the
state.
11
The
bill
provides
that
a
medical
practitioner’s,
health
care
12
institution’s,
or
health
care
payor’s
exercise
of
conscience
13
not
to
participate
in
a
health
care
service
shall
not
be
14
grounds
for
loss
of
any
privileges,
immunities,
or
public
15
benefits
under
state
law.
16
The
bill
provides
whistleblower
protections
by
providing
17
that
a
medical
practitioner
or
health
care
institution
shall
18
not
be
discriminated
against
because
the
medical
practitioner
19
or
health
care
institution:
provides,
causes
to
be
provided,
20
or
intends
to
provide
or
cause
to
be
provided
information
21
relating
to
a
suspected
violation
of
the
bill
to
the
medical
22
practitioner
or
health
care
institution’s
employer
or
various
23
other
entities
specified
in
the
bill;
testifies
or
intends
to
24
testify
in
a
proceeding
concerning
a
violation
of
the
bill;
or
25
assists
or
participates,
or
intends
to
assist
or
participate,
26
in
a
proceeding
under
the
bill.
It
is
also
unlawful
under
the
27
bill
to
discriminate
against
a
medical
practitioner
because
28
the
medical
practitioner
discloses
information
to
appropriate
29
government,
regulation,
or
law
enforcement
entities
that
the
30
medical
practitioner
reasonably
believes
evidences
a
violation
31
of
any
law
or
rule;
a
violation
of
any
standard
of
care
or
32
ethical
guidelines
for
the
provision
of
any
health
care
33
service;
or
gross
mismanagement,
a
gross
waste
of
funds,
an
34
abuse
of
authority,
practices,
or
methods
of
treatment
that
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may
put
patient
health
at
risk,
or
a
substantial
and
specific
1
danger
to
public
health
or
safety.
These
provisions
are
not
to
2
be
construed
to
exempt
a
person
from
the
requirements
of
the
3
federal
Health
Insurance
Portability
and
Accountability
Act.
4
The
bill
also
provides
that
the
department
of
health
and
5
human
services
(HHS),
a
health
professional
licensing
board,
6
or
any
other
licensing
or
certifying
entity
of
a
medical
7
practitioner
shall
not
reprimand,
sanction,
or
revoke
or
8
threaten
to
revoke
a
license
or
certification
of
a
medical
9
practitioner
for
engaging
in
speech
or
expressive
activity
10
protected
under
the
first
amendment
to
the
Constitution
of
11
the
United
States,
unless
HHS,
a
licensing
board,
or
other
12
licensing
or
certifying
entity
demonstrates
beyond
a
reasonable
13
doubt
that
the
medical
practitioner’s
speech
was
the
direct
14
cause
of
physical
harm
to
a
person
with
whom
the
medical
15
practitioner
had
a
medical
practitioner-patient
relationship
16
within
the
three
years
immediately
preceding
the
incident
17
of
physical
harm.
Within
14
days
of
receiving
a
complaint
18
alleging
a
medical
practitioner’s
speech
was
the
direct
cause
19
of
physical
harm
to
a
person
with
whom
the
medical
practitioner
20
had
a
medical
practitioner-patient
relationship
that
may
result
21
in
revocation
of
a
medical
practitioner’s
license,
HHS,
a
22
licensing
board,
or
other
licensing
or
certifying
entity
shall
23
provide
the
medical
practitioner
with
a
copy
of
the
complaint.
24
If
HHS,
a
licensing
board,
or
other
licensing
or
certifying
25
entity
fails
to
provide
the
complaint
within
14
days
of
26
receipt,
HHS,
the
licensing
board,
or
other
certifying
entity
27
shall
pay
the
medical
practitioner
an
administrative
penalty
of
28
$500
for
each
week
of
noncompliance.
29
The
bill
provides
that
it
is
unlawful
for
a
person
to
30
interfere
or
attempt
to
interfere
with
the
exercise
of
31
conscience
not
to
participate
in
a
health
care
service
or
the
32
whistleblower
or
free
speech
rights
and
protections
authorized
33
under
the
bill.
A
health
care
institution,
health
care
payor,
34
or
medical
practitioner
injured
by
unlawful
interference
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under
the
bill
is
entitled
to
bring
a
civil
action
that,
if
1
successful,
may
result
in
injunctive
relief,
monetary
damages
2
for
injuries
suffered,
and
reasonable
costs
and
attorney
fees.
3
The
provisions
of
the
bill
shall
not
be
construed
as
4
modifying
or
limiting
the
rights
and
remedies
provided
under
5
Code
chapter
146
(abortions
——
refusal
to
perform).
6
The
bill
also
amends
Code
chapter
146
to
provide
that
an
7
individual
shall
not
be
scheduled,
assigned,
or
requested
to
8
directly
or
indirectly
perform,
facilitate,
refer
for,
or
9
otherwise
participate
in
an
abortion
unless
the
individual
10
first
affirmatively
consents
in
writing
to
perform,
facilitate,
11
refer
for,
or
otherwise
participate
in
the
abortion.
12
The
bill
applies
to
a
health
care
payor
policy,
contract,
13
plan,
or
other
agreement
delivered,
issued
for
delivery,
14
continued,
or
renewed
in
the
state
on
or
after
January
1,
2025.
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