Health care providers could abstain from some procedures

The Judiciary Committee heard testimony March 9 on a bill that could prevent a health care employee from having to conduct procedures that violate his or her moral or religious beliefs.

LB461, introduced by Sen. Pete Pirsch of Omaha, would prohibit a health care facility from discriminating against an employee by refusing to accommodate their religious observance — unless the facility can demonstrate that the accommodation would pose an undue hardship on the facility.

Health care facilities would be required to accommodate an employee request not to participate in a procedure or experiment that would:
• perform an abortion, unless the patient suffers from a physical disorder, injury or illness which, as certified by a physician, causes her to be in imminent danger of death unless an abortion is immediately performed and no other personnel are available;
• destroy an in vitro human embryo or use cells or tissue derived from the destruction of an in vitro human embryo;
• use an in vitro human embryo that is not related to the beneficial treatment of the in vitro human embryo;
• use a developing child in an artificial or natural womb, at any stage of development, that is not related to the beneficial treatment of the developing child;
• use fetal tissue or organs that come from a source other than a stillbirth or miscarriage, including a transplant procedure; or
• intentionally cause the death of an individual.

LB461 would allow employees to bring a civil action against an employer who violates the bill’s provisions. Any person or facility found in violation would be required to pay attorney fees.

Dr. Edward DeSimone, who was a pharmacist for 39 years, testified in support of the bill.

Pharmacists have been fired for exercising their right of conscience and refusing to sell abortifacients, DeSimone said, which has resulted in significant litigation expenses. Lawsuits could be avoided if an employee’s religious beliefs were accommodated, he said.

Tracy Durbin, director of quality and risk management for Planned Parenthood of the Heartland, testified in opposition to the bill, saying it could pose health risks.

Women seeking abortion services should not have to place a provider’s moral objections above their own health interests, she said.

The committee took no immediate action on the bill.