Amends TCA Title 33; Title 63 and Title 68.

This bill provides that a medical practitioner, healthcare institution, or healthcare payer has the right not to participate in or pay for any medical procedure or service which violates the conscience of the medical practitioner, healthcare institution, or healthcare payer, as long as the exercise of this right does not impair the obligations, duties, or responsibilities required of the practitioner, institution, or payer under an existing contract. However, this right is limited to objections to a particular medical procedure or service on the basis of conscience. This bill does not waive or modify any duty a medical practitioner, healthcare institution, or healthcare payer may have to provide other medical procedures or services that do not violate the practitioner's, institution's, or payer's conscience. This bill provides that a medical practitioner, healthcare institution, or healthcare payer is not civilly, criminally, or administratively liable for exercising the right of conscience granted in this bill. Further, a healthcare institution is not civilly, criminally, or administratively liable for the exercise of conscience rights not to participate in a medical procedure or service by a medical practitioner employed, contracted, or granted admitting privileges by the healthcare institution. This bill prohibits a medical practitioner, healthcare institution, or healthcare payer from being discriminated against for declining to participate in or pay for a medical procedure or service on the basis of conscience. A religious medical practitioner, healthcare institution, or healthcare payer that holds itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs, has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with its religious beliefs, if such practitioner, institution, or payer is considered a religious corporation, association, educational institution, or society pursuant to federal law, and otherwise in compliance with the federal civil rights act. However, this bill does not override the requirement to provide emergency medical treatment to all patients set forth in federal law. WHISTLEBLOWER PROTECTION This bill prohibits a medical practitioner from being discriminated against in any manner because the medical practitioner does the following: (1) Provided, caused to be provided, or is about to provide or cause to be provided to the practitioner's employer; the attorney general of this state; any state agency charged with protecting healthcare rights of conscience; the U.S. department of health and human services, including the office of civil rights; or another federal agency charged with protecting healthcare rights of conscience information relating to any violation of, or any act or omission the medical practitioner reasonably believes to be a violation of this bill; (2) Testified or is about to testify in a proceeding concerning such violation; or (3) Assisted or participated, or is about to assist or participate, in such a proceeding. Unless the disclosure is specifically prohibited by law, this bill also prohibits a medical practitioner from being discriminated against in any manner because the medical practitioner disclosed information that the medical practitioner reasonably believes demonstrates (i) a violation of a law or rule; (ii) a violation of an ethical guideline for the provision of a medical procedure or service; or (iii) gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety. This bill prohibits a department, agency, or other entity of this state from reprimanding, sanctioning, or revoking or threatening to revoke a license, certification, or registration of a medical practitioner for engaging in speech or expressive activity that is protected from government interference by the first amendment to the U.S. Constitution, unless the department, agency, or other entity demonstrates beyond a reasonable doubt that the practitioner's speech was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the three years immediately preceding the incident of physical harm. This bill requires a department, agency, or other entity of this state to provide a medical practitioner with any complaints it has received which may result in the revocation of the medical practitioner's license, certification, or registration, within 14 days after receipt of the complaint. If the complaint is not provided to the medical practitioner within the 14-day period, then the department, agency, or other entity of this state must pay the medical practitioner an administrative penalty of $500 for each day after the 14-day period that the complaint is not provided to the medical practitioner. CIVIL REMEDIES This bill authorizes a civil action for damages or injunctive relief, or both, to be brought by any medical practitioner, healthcare institution, or healthcare payer for a violation of this bill. It is not a defense to any claim arising out of the violation that such violation was necessary to prevent additional burden or expense on any other healthcare provider, healthcare institution, individual, or patient. However, a civil action must not be brought against an individual who declines to use or purchase a medical procedure or service from a specific medical practitioner, healthcare institution, or healthcare payer for exercising the rights in this bill. This bill further authorizes any individual, association, corporation, entity, or healthcare institution injured by conduct prohibited by this bill to commence a civil action and is entitled, upon the finding of a violation, to recover treble actual damages sustained; however, in no case must recovery be less than $5,000 for each violation, along with the costs of the action and reasonable attorney's fees. Damages are cumulative and are not limited by other remedies which may be available under federal, state, or municipal law. A court considering such civil action may also award injunctive relief.