Sec. 401. miscellaneous
677 words·~3 min read·
/statute-compilations/comps-1773/sec-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 401 miscellaneous **[**[42 U.S.C. 300a–7](/us/usc/t42/s300a–7)**]** ###
(a)* * * ###
(b)The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act, or the Development Disabilities Services and Facilities Construction Act by any individual or entity does not authorize any court or any public official or other public authority to require— 142 U.S.C. 300a–7. ####
(1)such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or ####
(2)such entity to— #####
(A)make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or #####
(B)provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedure or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel. ###
(c)####
(1)No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act, or the Development Disabilities Services and Facilities Construction Act after the date of enactment of this Act may— #####
(A)discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or #####
(B)discriminate in the extension of staff or other privileges to any physician or other health care personnel, because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions. ####
(2)No entity which receives after the date of enactment of this paragraph a grant or contract for biomedical or behavorial research under any program administered by the Secretary of Health, Education, and Welfare may— #####
(A)discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or #####
(B)discriminate in the extension of staff or other privileges to any physician or other health care personnel, because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity. ###
(d)No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health, Education, and Welfare if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions. ###
(e)No entity which receives, after the date of enactment of this paragraph, any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act, the Community Mental Health Centers Act, or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 may deny admission or otherwise discriminate against any applicant (including applicants for internships and residencies) for training or study because of the applicant's reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant's religious beliefs or moral convictions.
Connections2 off-index
2 references not yet in our index
- 42 USC 300a–7
- 142 USC 300a–7
Citation graph
cites case law
Sec. 401
miscellaneous
Cite42 USC 300a–7
Cite142 USC 300a–7
Cites 2Cited by 0 across 0 sources