CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN ABORTION PROCEDURE
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN ABORTION
PROCEDURE
Sec. 103.001. RIGHT TO OBJECT. A physician, nurse, staff
member, or employee of a hospital or other health care facility
who objects to directly or indirectly performing or participating
in an abortion procedure may not be required to directly or
indirectly perform or participate in the procedure.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 103.002. DISCRIMINATION PROHIBITED. (a) A hospital or
health care facility may not discriminate against a physician,
nurse, staff member, or employee, or an applicant for one of
those positions, who refuses to perform or participate in an
abortion procedure.
(b) A hospital or health care facility may not discriminate
against a physician, nurse, staff member, or employee because of
the person's willingness to participate in an abortion procedure
at another facility.
(c) An educational institution may not discriminate against an
applicant for admission or employment as a student, intern, or
resident because of the applicant's attitude concerning abortion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 103.003. REMEDIES. A person whose rights under this
chapter are violated may sue a hospital, health care facility, or
educational institution in district court in the county where the
hospital, facility, or institution is located for:
(1) an injunction against any further violation;
(2) appropriate affirmative relief, including admission or
reinstatement of employment with back pay plus 10 percent
interest; and
(3) any other relief necessary to ensure compliance with this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 103.004. DUTY OF CERTAIN PRIVATE ENTITIES TO MAKE
FACILITIES AVAILABLE. A private hospital or private health care
facility is not required to make its facilities available for the
performance of an abortion unless a physician determines that the
life of the mother is immediately endangered.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.