§ 300a–7. Sterilization or abortion

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The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [ 42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [ 42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [ 42 U.S.C. 6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require— 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 such entity to— 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 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 procedures or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.

No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act [ 42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [ 42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [ 42 U.S.C. 6000 et seq.] after June 18, 1973 , may— discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or 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.

No entity which receives after July 12, 1974 , a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health and Human Services may— discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or 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.

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 and Human Services 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. No entity which receives, after September 29, 1979 , any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act [ 42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [ 42 U.S.C. 2689 et seq.], or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [ 42 U.S.C. 15001 et seq.] 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.

( Pub. L. 93–45, title IV, § 401 , June 18, 1973 , 87 Stat. 95 ; Pub. L. 93–348, title II, § 214 , July 12, 1974 , 88 Stat. 353 ; Pub. L. 96–76, title II, § 208 , Sept. 29, 1979 , 93 Stat. 583 ; Pub. L. 96–88, title V, § 509(b) , Oct. 17, 1979 , 93 Stat. 695 ; Pub. L. 106–402, title IV, § 401(b)(5) , Oct. 30, 2000 , 114 Stat. 1738 .)

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