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New Mexico ‘Health Care Freedom of Conscience Act’ (HB 525)

This law was last updated on May 2, 2019


This law is Anti–Choice Anti–LGBTQ

State

New Mexico

Number

HB 525

Status

Failed to Pass

Proposed

Feb 8, 2019

Topics

Anti-Transgender, Conscience and Refusal Clauses, LGBTQ, Religious Freedom

Full Bill Text

www.nmlegis.gov

HB 525 would allow health-care providers and institutions to refuse to participate in a health-care service that violates the conscience of the practitioner or institution. The bill would also allow health-care payers to to decline to pay for a health-care service that violates the conscience of the health-care payer.

The bill defines “healthcare services” to mean a phase of patient medical care, treatment, or procedure, including:

  • Patient referral;
  • Counseling;
  • Therapy;
  • Testing;
  • Research;
  • Instruction;
  • Prescribing, dispensing, or administering of any drug, medication, or device;
  • Surgery; or
  • Other care of treatment provided by a health-care provider or institution.

The bill would prohibit a health-care provider from being held civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates the provider’s conscience.

The bill would prohibit a person, public institution, private institution, or public official and others from discriminating against a health-care provider, institution, or payer in any manner based upon their refusal to participate or pay for a health-care service.

The bill would require health-care payers to file its conscience policies annually with the state, including any and all products, services, and procedures that the health-care payer will not make payment for reasons of conscience.

The bill clarifies that the right of conscience would not apply to withholding appropriate provision of health-care services or life-sustaining treatment to patients.


Related Legislation

Based on model legislation drafted by Americans United for Life (AUL).

Similar to HB 608 and a provision found in HB 600.


Latest Action

2/8/19 – Introduced.


People

Primary Sponsor

Organizations