76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action.

413 words·~2 min read·/ut/title-76/chapter-7/76-7-306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Conscience" means the same as that term is defined in Section 63G-33-301 .

(b)"Health care facility" means the same as that term is defined in Section 26B-2-201 .

(c)"Health care provider" means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.

(2)A health care provider may, on the grounds of religious belief or conscience, refuse to perform or participate in any way, in:

(a)an abortion;

(b)a procedure that is intended to, or likely to, result in the termination of a pregnancy; or

(c)the disposal of remains resulting from an abortion or a procedure described in Subsection (2)(b) .

(3)Except as otherwise required by law, a health care facility may refuse, on the grounds of religious belief or conscience, to:

(a)admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or

(b)perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.

(4)A health care provider's refusal under Subsection

(2)or a health care facility's refusal under Subsection

(3)may not be the basis for civil liability or other recriminatory action.

(5)A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection

(2), or for bringing or threatening to bring an action described in Subsection

(6), including:

(a)dismissal;

(b)demotion;

(c)suspension;

(d)discipline;

(e)discrimination;

(f)harassment;

(g)retaliation;

(h)adverse change in status;

(i)termination of, adverse alteration of, or refusal to renew an association or agreement; or

(j)refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.

(a)A person who is adversely impacted by conduct prohibited in Subsection

(5)may bring a civil action for equitable relief, including reinstatement, and for damages.

(b)A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.

Amended by Chapter 429 , 2026 General Session