SECTIONS 123420-123450 - California Statutes

HEALTH AND SAFETY CODE

SECTION 123420-123450

123420. (a) No employer or other person shall require a physician,
a registered nurse, a licensed vocational nurse, or any other person
employed or with staff privileges at a hospital, facility, or clinic
to directly participate in the induction or performance of an
abortion, if the employee or other person has filed a written
statement with the employer or the hospital, facility, or clinic
indicating a moral, ethical, or religious basis for refusal to
participate in the abortion.
No such employee or person with staff privileges in a hospital,
facility, or clinic shall be subject to any penalty or discipline by
reason of his or her refusal to participate in an abortion. No such
employee of a hospital, facility, or clinic that does not permit the
performance of abortions, or person with staff privileges therein,
shall be subject to any penalty or discipline on account of the
person's participation in the performance of an abortion in other
than the hospital, facility, or clinic.
No employer shall refuse to employ any person because of the
person's refusal for moral, ethical, or religious reasons to
participate in an abortion, unless the person would be assigned in
the normal course of business of any hospital, facility, or clinic to
work in those parts of the hospital, facility, or clinic where
abortion patients are cared for. No provision of this article
prohibits any hospital, facility, or clinic that permits the
performance of abortions from inquiring whether an employee or
prospective employee would advance a moral, ethical, or religious
basis for refusal to participate in an abortion before hiring or
assigning that person to that part of a hospital, facility, or clinic
where abortion patients are cared for.
The refusal of a physician, nurse, or any other person to
participate or aid in the induction or performance of an abortion
pursuant to this subdivision shall not form the basis of any claim
for damages.
(b) No medical school or other facility for the education or
training of physicians, nurses, or other medical personnel shall
refuse admission to a person or penalize the person in any way
because of the person's unwillingness to participate in the
performance of an abortion for moral, ethical, or religious reasons.
No hospital, facility, or clinic shall refuse staff privileges to a
physician because of the physician's refusal to participate in the
performance of abortion for moral, ethical, or religious reasons.
(c) Nothing in this article shall require a nonprofit hospital or
other facility or clinic that is organized or operated by a religious
corporation or other religious organization and licensed pursuant to
Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing
with Section 1250) of Division 2, or any administrative officer,
employee, agent, or member of the governing board thereof, to perform
or to permit the performance of an abortion in the facility or
clinic or to provide abortion services. No such nonprofit facility or
clinic organized or operated by a religious corporation or other
religious organization, nor its administrative officers, employees,
agents, or members of its governing board shall be liable,
individually or collectively, for failure or refusal to participate
in any such act. The failure or refusal of any such corporation,
unincorporated association or individual person to perform or to
permit the performance of such medical procedures shall not be the
basis for any disciplinary or other recriminatory action against such
corporations, unincorporated associations, or individuals. Any such
facility or clinic that does not permit the performance of abortions
on its premises shall post notice of that proscription in an area of
the facility or clinic that is open to patients and prospective
admittees.
(d) This section shall not apply to medical emergency situations
and spontaneous abortions.
Any violation of this section is a misdemeanor.

123425. The refusal of any person to submit to an abortion or
surgical sterilization or to give consent therefor shall not be
grounds for loss of any privileges or immunities to which the person
would otherwise be entitled, nor shall submission to an abortion or
surgical sterilization or the granting of consent therefor be a
condition precedent to the receipt of any public benefits. The
decision of any person to submit to an abortion or surgical
sterilization or to give consent therefor shall not be grounds for
loss of any privileges or immunities to which the person would
otherwise be entitled, nor shall the refusal to submit to an abortion
or surgical sterilization or to give consent therefor be a condition
precedent to the receipt of any public benefits.

123435. The rights to medical treatment of an infant prematurely
born alive in the course of an abortion shall be the same as the
rights of an infant of similar medical status prematurely born
spontaneously.

123440. (a) It is unlawful for any person to use any aborted
product of human conception, other than fetal remains, for any type
of scientific or laboratory research or for any other kind of
experimentation or study, except to protect or preserve the life and
health of the fetus. "Fetal remains," as used in this section, means
a lifeless product of conception regardless of the duration of
pregnancy. A fetus shall not be deemed to be lifeless for the
purposes of this section, unless there is an absence of a discernible
heartbeat.
(b) In addition to any other criminal or civil liability that may
be imposed by law, any violation of this section constitutes
unprofessional conduct within the meaning of the Medical Practice
Act, Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code.

123445. (a) Except as provided in subdivision (b), at the
conclusion of any scientific or laboratory research or any other kind
of experimentation or study upon fetal remains, the fetal remains
shall be promptly interred or disposed of by incineration.
Storage of the fetal remains prior to the completion of the
research, experimentation, or study shall be in a place not open to
the public, and the method of storage shall prevent any deterioration
of the fetal remains that would create a health hazard.
(b) Subdivision (a) shall not apply to public or private
educational institutions.
Any violation of this section is a misdemeanor.

123450. (a) Except in a medical emergency requiring immediate
medical action, no abortion shall be performed upon an unemancipated
minor unless she first has given her written consent to the abortion
and also has obtained the written consent of one of her parents or
legal guardian.
(b) If one or both of an unemancipated, pregnant minor's parents
or her guardian refuse to consent to the performance of an abortion,
or if the minor elects not to seek the consent of one or both of her
parents or her guardian, an unemancipated pregnant minor may file a
petition with the juvenile court. If, pursuant to this subdivision, a
minor seeks a petition, the court shall assist the minor or person
designated by the minor in preparing the petition and notices
required pursuant to this section. The petition shall set forth with
specificity the minor's reasons for the request. The court shall
ensure that the minor's identity is confidential. The minor may file
the petition using only her initials or a pseudonym. An unemancipated
pregnant minor may participate in the proceedings in juvenile court
on her own behalf, and the court may appoint a guardian ad litem for
her. The court shall, however, advise her that she has a right to
court-appointed counsel upon request. The hearing shall be set within
three days of the filing of the petition. A notice shall be given to
the minor of the date, time, and place of the hearing on the
petition.
(c) At the hearing on a minor's petition brought pursuant to
subdivision (b) for the authorization of an abortion, the court shall
consider all evidence duly presented, and order either of the
following:
(1) If the court finds that the minor is sufficiently mature and
sufficiently informed to make the decision on her own regarding an
abortion, and that the minor has, on that basis, consented thereto,
the court shall grant the petition.
(2) If the court finds that the minor is not sufficiently mature
and sufficiently informed to make the decision on her own regarding
an abortion, the court shall then consider whether performance of the
abortion would be in the best interest of the minor. In the event
that the court finds that the performance of the abortion would be in
the minor's best interest, the court shall grant the petition
ordering the performance of the abortion without consent of, or
notice to, the parents or guardian. In the event that the court finds
that the performance of the abortion is not in the best interest of
the minor, the court shall deny the petition.
Judgment shall be entered within one court day of submission of
the matter.
(d) The minor may appeal the judgment of the juvenile court by
filing a written notice of appeal at any time after the entry of the
judgment. The Judicial Council shall prescribe, by rule, the practice
and procedure on appeal and the time and manner in which any record
on appeal shall be prepared and filed. These procedures shall require
that the notice of the date, time, and place of hearing, which shall
be set within five court days of the filing of notice of appeal,
shall be mailed to the parties by the clerk of the court. The
appellate court shall ensure that the minor's identity is
confidential. The minor may file the petition using only her initials
or a pseudonym. Judgment on appeal shall be entered within one court
day of submission of the matter.
(e) No fees or costs incurred in connection with the procedures
required by this section shall be chargeable to the minor or her
parents, or either of them, or to her legal guardian.
(f) It is a misdemeanor, punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the county jail of
up to 30 days, or both, for any person to knowingly perform an
abortion on an unmarried or unemancipated minor without complying
with the requirements of this section.