CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN ABORTION PROCEDURE - Texas Statutes

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN ABORTION

PROCEDURE

Sec. 103.001. RIGHT TO OBJECT. A physician, nurse, staff

member, or employee of a hospital or other health care facility

who objects to directly or indirectly performing or participating

in an abortion procedure may not be required to directly or

indirectly perform or participate in the procedure.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 103.002. DISCRIMINATION PROHIBITED. (a) A hospital or

health care facility may not discriminate against a physician,

nurse, staff member, or employee, or an applicant for one of

those positions, who refuses to perform or participate in an

abortion procedure.

(b) A hospital or health care facility may not discriminate

against a physician, nurse, staff member, or employee because of

the person's willingness to participate in an abortion procedure

at another facility.

(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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 103.003. REMEDIES. A person whose rights under this

chapter are violated may sue a hospital, health care facility, or

educational institution in district court in the county where the

hospital, facility, 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.