Denial of Care Laws

Often misleadingly called “freedom of conscience” laws, these provisions may effectively supersede rules of professional ethics, medical best practices, and protections against medical negligence in order to privilege the religious beliefs of providers.

Image by Rena Schild / Shutterstock.com

Quick Facts

42 states allow private healthcare providers to refuse abortion services

33 states allow any institution to refuse to provide abortion services

17 states allow refusals related to contraception and 21 states allow refusals related to sterilization

Our Position

American Atheists opposes any effort to permit doctors, nurses, pharmacists, insurance companies, or other health professionals to deny medical treatment to patients on the basis of their own religion.

Background

Sometimes called “freedom of conscience” laws or “religious refusals,” these laws effectively supersede rules of professional ethics, medical best practices, and protections against medical negligence in order to privilege the religious beliefs of providers.

These laws most often allow providers to refuse services relating to abortion, contraception, and sterilization, but some states have even broader exemptions.

While many denial of care laws echo existing exemptions at the federal level, states may pass laws that apply exemptions more broadly or extend them to additional types of institutions, including those that do not receive federal funding.

Many states have laws that specifically allow various types of institutions to refuse to provide abortion services. States may also have laws that allow at least some health care providers to refuse to provide contraception and/or sterilization services.

Some states specifically allow health care providers to receive licensure or accreditation, or to be treated as if they were licensed or accredited, if they are initially denied licensure or accreditation for a reason that conflicts with their religious beliefs.

For example, if a professional accrediting organization prohibits discrimination against LGBTQ patients, a health care provider might still be considered accredited if they discriminate against these patients because of their religious beliefs.

Recent Developments

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