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42 U.S.C. § 300a–7Sterilization or abortion

submitted 53 years ago by Pub. L. 93-45 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 755 words · no verdicts yet

in plain englishAI-generated · not legal advice

Health providers who get certain federal grants or loans don't have to perform, help with, or provide facilities or staff for sterilizations or abortions if that conflicts with their religious or moral beliefs. Recipients also can't discriminate against staff or applicants based on their willingness — or refusal — to take part in these procedures for religious or moral reasons.

(a) Omitted — this part of the section has been removed from the code. (b) Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions: Receiving a grant, contract, loan, or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act, or the Developmental Disabilities Services and Facilities Construction Act does not let any court or public official force: (1) a person to perform or help with a sterilization or abortion, if doing so would go against that person's religious beliefs or moral convictions; or (2) an organization to (A) make its facilities available for a sterilization or abortion, if the organization bans that procedure there for religious or moral reasons, or (B) provide staff to perform or help with a sterilization or abortion, if that would go against that staff member's religious beliefs or moral convictions. (c) Discrimination prohibition: (1) An organization that receives a grant, contract, loan, or loan guarantee under those same three laws, after June 18, 1973, cannot: (A) discriminate in hiring, promoting, or firing a physician or other health worker, or (B) discriminate in giving that person staff privileges, because that person performed or helped with a lawful sterilization or abortion, refused to for religious or moral reasons, or simply holds religious or moral views about sterilization or abortion. (2) An organization that receives a biomedical or behavioral research grant or contract from any program the Secretary of Health and Human Services runs, after July 12, 1974, cannot: (A) discriminate in hiring, promoting, or firing, or (B) discriminate in giving staff privileges, to a physician or other health worker because that person performed or helped with a lawful health service or research activity, refused to for religious or moral reasons, or holds religious or moral views about it. (d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions: No one has to perform or help with any part of a health service program or research activity — funded even partly by a program the Secretary of Health and Human Services runs — if doing so would go against that person's religious beliefs or moral convictions. (e) Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds: An organization that receives, after September 29, 1979, a grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act, the Community Mental Health Centers Act, or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 cannot deny admission to, or otherwise discriminate against, an applicant for training or study — including internship and residency applicants — because that applicant is willing, or unwilling, to counsel, suggest, recommend, assist with, or take part in abortions or sterilizations, whether that willingness or unwillingness comes from the applicant's religious beliefs or moral convictions.
the actual law source: uscode.house.gov ↗public domain
(a) Omitted

(b) Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions

The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require—

(1)

such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or

(2)

such entity to—

(A)

make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or

(B)

provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedures or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.

(c) Discrimination prohibition
(1)

No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] after June 18, 1973, may—

(A)

discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or

(B)

discriminate in the extension of staff or other privileges to any physician or other health care personnel,

because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions.

(2)

No entity which receives after July 12, 1974, a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health and Human Services may—

(A)

discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or

(B)

discriminate in the extension of staff or other privileges to any physician or other health care personnel,

because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.

(d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions

No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.

(e) Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds

No entity which receives, after September 29, 1979, any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.] may deny admission or otherwise discriminate against any applicant (including applicants for internships and residencies) for training or study because of the applicant’s reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant’s religious beliefs or moral convictions.

Source credit: (Pub. L. 93–45, title IV, § 401, June 18, 1973, 87 Stat. 95; Pub. L. 93–348, title II, § 214, July 12, 1974, 88 Stat. 353; Pub. L. 96–76, title II, § 208, Sept. 29, 1979, 93 Stat. 583; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 106–402, title IV, § 401(b)(5), Oct. 30, 2000, 114 Stat. 1738.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-45 · 87 Stat. 95
  • 1974Amended · Pub. L. 93-348 · 88 Stat. 353
  • 1979Amended · Pub. L. 96-76 · 93 Stat. 583
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 2000Amended · Pub. L. 106-402 · 114 Stat. 1738

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-45 on 1973-06-18.

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