Senate Health Services Committee advances medical conscience bill

Senate Health Services Committee advances medical conscience bill March 3, 2025

Sen. Donald Douglas, R-Nicholasville, speaks about Senate Bill 132 during Monday’s Senate Health Services Committee meeting. The bill would prohibit discrimination against health care professionals who decline to perform procedures that violate their conscience. With Douglas is Dr. Bill Wehrman. A high-resolution photo can be found here.

FRANKFORT — Lawmakers on the Senate Health Services Committee advanced a bill Monday that would prohibit discrimination against health care professionals who decline to perform procedures that violate their consciences.

Sen. Donald Douglas, R-Nicholasville, called Senate Bill 132 “commonsense,” and said the bill would strengthen health care providers’ rights and also set up civil remedies for people who feel they’ve been wronged.

“This bill is not a challenge to the social structure. It is not a policy bill. It is not a get out of jail free bill for those who decide that they don’t want to fulfill their duties. What this bill is, it is a recruitment tool. It’s an economic development tool,” he said.

Douglas said the pressure on Kentucky’s health care system and those who work in it are tremendous. He said if the health care professionals don’t have a choice regarding their sincerely held beliefs, it makes it more difficult for medical facilities to recruit competent health care providers in Kentucky.

“It is a tool that basically says welcome to the commonwealth. We really look forward to your business, and even though we expect the highest level of professionalism from you, we will honor your moral conscience as we do for all Kentuckians,” he said.

Douglas said there are some medical professionals who don’t mind violating their own consciences when they want to complete procedures, but there are those who have strong beliefs. He also said institutions are protected at the federal level, but not individuals.

The legislation would give health care professionals the right to refuse to participate in any service that violates their conscience, and it would stipulate that professionals cannot be held, civilly, criminally or administratively liable in those circumstances. It also would prohibit discrimination against such professionals in hiring or licensing.

SB 132 includes some exceptions, including instances in which health care professionals are required to provide emergency medical treatment or conduct examinations related to sexual assaults.

The bill sparked some lengthy debate during Monday’s hearing.

Sen. Keturah Herron, D-Louisville, voted against the bill, and said it would lead to discrimination against patients.

“I know that we continue to hear the words individual civil rights and religious ethical beliefs. It’s just very concerning to me that we continue to pass policy to say that people have individual civil rights basically to discriminate against folks and that we use words ‘religious’ and ‘ethical beliefs’ to allow that, so I’m going to be a no on this,” she said.

But Senate Majority Caucus Chair Robby Mills, R-Henderson, voted for the measure, arguing that it specifically points out objections to procedures or particular health care services.

Likewise, Sen. Michael J. Nemes, R-Shepherdsville, voted for SB 132.

“The way it was described, it’s the medical procedure that you can object to, not any person or their belief or what they did to get there,” he said.

Sen. Steve Rawlings, R-Burlington, concurred with Mills and Nemes.

“In the seven or so states that have this on the books, patients have not been turned away. So, it’s so much more important to look at track records rather than theoreticals,” he said.

Several health care professionals and advocates also testified on the bill, including Dr. Miranda Bencomo, a pediatrician who said she strongly opposes the measure.

“While I do appreciate the goal of trying to recruit more providers, I fear that this bill does not actually add anything to achieve that goal. Instead, I feel that it opens the door to substandard care by allowing health professionals to deny services based on personal beliefs without accountability,” she said.

Representatives from the Fairness Campaign and Planned Parenthood Alliance Advocates also raised concerns about discrimination in health care settings and exacerbating a shortage of obstetricians and gynecologists.

However, one supporter, Paris physician Dr. Bill Wehrman, said patients would continue to get care if the bill is passed. He said Kentucky lacks specialists, paramedics and other health care workers and that the proposed legislation would provide a boost in attracting professionals to the state.

Registered nurse Lindsey Cox testified that her career has been affected by a lack of protection of her beliefs.

“As a nurse, when I was deciding what field of specialty I wanted to work in, I changed the direction due to ethical concerns about being forced to participate or being coerced to participate in procedures that would violate my conscience,” she said.

The measure cleared the committee with an 8-1 vote and one pass. It now heads to the full Senate for consideration.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#SB132-030425