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Introduced by Arizona Senator
Nancy Barto (R) District 15, SB 1439 protects health care entities, which
includes physicians and other health care workers, from discrimination if they choose
not to participate in medical treatments or procedures that could end a
patient’s life. Proponents of the bill feel
health care providers should be free to opt out of these treatments based on
their beliefs without adverse consequences.
Opponents of the bill feel a person should be allowed to make end of
life decisions when faced with a terminal illness, and that health care
directives should be followed by health care entities. Pursuant to SB 1439, “discriminate” means
taking or threatening any adverse action including, but not limited to,
termination of employment, transfer or demotion from current position, and
adverse administrative action.
Arizona law already provides
health care providers protection from criminal or civil liability for declining
to follow an advanced directive or the decisions of a surrogate decision maker
(A.R.S. § 36-3205(C)), as well as disallows the revocation, denial, or
suspension of the professional license of a health care provider for acting
according to their religious beliefs.
(A.R.S. § 41-1493.04.) SB 1439
would provide further protection for health care entities by ensuring they are
not retaliated against in less overt ways for following their conscience when
treating patients.
SB 1439 also creates a civil
cause of action for health care entities who have been discriminated against.
You can read the text of SB
1439 at the following link.
