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. (a) No employer or other person shall require a physician,
a registered nurse, a licensed vocational nurse, or any other person
employed or with staff privileges at a hospital, facility, or clinic
to directly participate in the induction or performance of an
abortion, if the employee or other person has filed a written
statement with the employer or the hospital, facility, or clinic
indicating a moral, ethical, or religious basis for refusal to
participate in the abortion.
No such employee or person with staff privileges in a hospital,
facility, or clinic shall be subject to any penalty or discipline by
reason of his or her refusal to participate in an abortion. No such
employee of a hospital, facility, or clinic that does not permit the
performance of abortions, or person with staff privileges therein,
shall be subject to any penalty or discipline on account of the
person's participation in the performance of an abortion in other
than the hospital, facility, or clinic.
No employer shall refuse to employ any person because of the
person's refusal for moral, ethical, or religious reasons to
participate in an abortion, unless the person would be assigned in
the normal course of business of any hospital, facility, or clinic to
work in those parts of the hospital, facility, or clinic where
abortion patients are cared for. No provision of this article
prohibits any hospital, facility, or clinic that permits the
performance of abortions from inquiring whether an employee or
prospective employee would advance a moral, ethical, or religious
basis for refusal to participate in an abortion before hiring or
assigning that person to that part of a hospital, facility, or clinic
where abortion patients are cared for.
The refusal of a physician, nurse, or any other person to
participate or aid in the induction or performance of an abortion
pursuant to this subdivision shall not form the basis of any claim
for damages.
(b) No medical school or other facility for the education or
training of physicians, nurses, or other medical personnel shall
refuse admission to a person or penalize the person in any way
because of the person's unwillingness to participate in the
performance of an abortion for moral, ethical, or religious reasons.
No hospital, facility, or clinic shall refuse staff privileges to a
physician because of the physician's refusal to participate in the
performance of abortion for moral, ethical, or religious reasons.
(c) Nothing in this article shall require a nonprofit hospital or
other facility or clinic that is organized or operated by a religious
corporation or other religious organization and licensed pursuant to
Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing
with Section 1250) of Division 2, or any administrative officer,
employee, agent, or member of the governing board thereof, to perform
or to permit the performance of an abortion in the facility or
clinic or to provide abortion services. No such nonprofit facility or
clinic organized or operated by a religious corporation or other
religious organization, nor its administrative officers, employees,
agents, or members of its governing board shall be liable,
individually or collectively, for failure or refusal to participate
in any such act. The failure or refusal of any such corporation,
unincorporated association or individual person to perform or to
permit the performance of such medical procedures shall not be the
basis for any disciplinary or other recriminatory action against such
corporations, unincorporated associations, or individuals. Any such
facility or clinic that does not permit the performance of abortions
on its premises shall post notice of that proscription in an area of
the facility or clinic that is open to patients and prospective
admittees.
(d) This section shall not apply to medical emergency situations
and spontaneous abortions.
Any violation of this section is a misdemeanor.