Ron DeSantis. Photo via DeSantis’ Facebook.
The Florida House passed SB 1580 (HB 1403), the so-called “Protections of Medical Conscience” on May 2, sending the measure to Florida Republican Governor Ron DeSantis for his signature. The bill allows healthcare providers and insurers to deny a patient care on the basis of religious, moral or ethical beliefs.
LGBTQ+ advocacy and civil rights groups say that it creates a license to discriminate by allowing healthcare providers and insurers the right to deny medical services to patients on the basis of moral, religious, and ethical beliefs.
Employers would be prohibited from punishing healthcare workers who cite a “conscience-based objection” in refusing to treat a patient. The law would be enforced by the Florida Attorney General’s office, which could fine violators and seek injunctions to demand compliance.
Florida Politics reported that a number of Democratic lawmakers who spoke against the bill on final passage echoed those concerns.
“I’m old enough, I am Black enough, and I’m queer enough, and I’m woman enough to know that the impact of the bill — and I would argue the very intent of this bill — is to discriminate against folks,” said Democratic Rep. Michele Rayner.
The ACLU of Florida’s senior policy counsel, Kara Gross, in an interview with the Miami New Times, cautioned the bill’s language could be used to deny essential medical services. She also warns that it will disproportionately affect LGBTQ people, minorities, and other marginalized communities who could be denied service on a whim.
“So what if there’s a healthcare provider that thinks that it’s unethical to bring a child into the world given overpopulation and climate change? Can that healthcare provider refuse to provide prenatal care to the pregnant person? Under this bill, yes, they can. Can they refuse to assist in labor and delivery? Apparently, under this bill, they can if they have a moral or ethical opposition to it,” Gross said.
The bill’s sponsor, Senator Jay Trumbull, who represents Panama City and several counties in the Panhandle, alleges that a provision is included to ensure the law will not be used to deny emergency medical services. He and other Republicans insist it will protect medical workers who want to opt out of participating in abortions or transgender care.
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