HB 1121

HLS 26RS-1118  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 1121
 BY REPRESENTATIVE VENTRELLA
 HEALTH CARE/PROVIDERS: Authorizes certain healthcare entities to refuse to provide
  healthcare services under certain circumstances
1AN ACT
2 To enact R.S. 40:1300.81, relative to the provision of health care; to authorize healthcare
3institutions, healthcare payors, and licensed healthcare professionals to refuse to
4provide healthcare services in certain circumstances; to provide for moral objection
5to certain healthcare services; to prohibit adverse actions; to provide for liability; to
6provide for definitions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. R.S. 40:1300.81 is hereby enacted to read as follows:
9§1300.81. Exercise of conscience for healthcare institutions, healthcare payors, and
10licensed healthcare professionals
11A. As used in this Section, the following terms have the following meanings:
12(1) "Adverse action" includes but is not limited to all of the following:
13(a) Termination, suspension, demotion, or reduction in compensation.
14(b) Revocation, suspension, or restriction of professional licensure.
15(c) Placement on unpaid leave.
16(d) Material alteration of employment terms.
17(e) Retaliatory investigation or disciplinary proceedings.
18(2) "Conscience" means the ethical, moral, or religious beliefs or principles
19held by a licensed healthcare professional, healthcare institution, or healthcare payor.
20With respect to persons who are institutions, corporations, or other legal entities,
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 HLS 26RS-1118  ORIGINAL
  HB NO. 1121
1"conscience" is determined by reference to that entity’s governing documents
2including but not limited to published ethical, moral, or religious guidelines or
3directives, mission statements, constitutions, articles of incorporation, bylaws,
4policies, or regulations.
5(3) "Discrimination" means an adverse action, including but not limited to
6any penalty, disciplinary, or retaliatory action taken against, or a threat of adverse
7action communicated to, a licensed healthcare professional, healthcare institution,
8or healthcare payor as a result of the refusal of the licensed healthcare professional,
9healthcare institution, or healthcare payor to participate in a healthcare service on the
10basis of conscience. "Discrimination" does not include the negotiation or purchase
11of insurance or a healthcare service by a nongovernmental entity or individual, the
12refusal to use or purchase insurance or a healthcare service by a nongovernmental
13entity or individual, or a healthcare institution’s good faith effort to accommodate
14a licensed healthcare professional’s, healthcare institution’s, or healthcare payor’s
15exercise of conscience.
16(4) "Healthcare institution" means an organization, corporation, partnership,
17association, agency, network, sole proprietorship, joint venture, or other entity that
18provides a healthcare service.
19(5) "Healthcare payor" means an employer; a health plan; a management
20services organization; any entity, including a healthcare service corporation, health
21maintenance organization, or similar corporation or organization, or an employer
22offering self-insurance, that provides a health benefit plan; or any other entity that
23pays for or arranges for payment for, in whole or in part, a healthcare service.
24(6) "Healthcare service" means medical research and medical care provided
25to a patient or client at any time during the patient’s or client’s course of treatment
26including but not limited to testing; diagnosis; record making; referral; prescribing,
27dispensing, or administering any drug, medication, or device; therapy or counseling;
28and preparation or arrangement for a surgical procedure.
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  HB NO. 1121
1(7) "Licensed healthcare professional" means a person who facilitates or
2participates or who is asked to facilitate or participate in a healthcare service,
3including but not limited to a health-related professional licensed by a board, and any
4other person licensed, certified, or otherwise authorized or permitted by the laws of
5this state to administer a healthcare service in the ordinary course of business or in
6the practice of a profession. "Licensed healthcare professional" includes any student
7enrolled in an educational institution who is a prospective licensed healthcare
8professional.
9(8) "Participate in a healthcare service" means to provide, perform, assist
10with, facilitate, refer for, provide counseling for, advise with regard to, admit for the
11purposes of providing, or take part in a healthcare service in any way.
12B.(1)(a)   A licensed healthcare professional, healthcare institution, or
13healthcare payor has the right not to participate in or pay for a healthcare service that
14violates the licensed healthcare professional’s, healthcare institution’s, or healthcare
15payor’s conscience. This Paragraph shall not be construed to waive or modify a duty
16a licensed healthcare professional, healthcare institution, or healthcare payor may
17have to participate in or pay for a healthcare service that does not violate the licensed
18healthcare professional’s conscience.
19(b) A licensed healthcare professional, healthcare institution, or healthcare
20payor who refuses to participate in a healthcare service in accordance with this
21Section shall not be discriminated against for the licensed healthcare professional’s,
22healthcare institution’s, or healthcare payor’s exercise of conscience.
23(2) A healthcare payor shall not decline to pay for a healthcare service due
24to a licensed healthcare professional’s, healthcare institution’s, or healthcare payor’s
25refusal to participate in a healthcare service in accordance with this Section if the
26healthcare payor is contractually obligated to pay for the healthcare service.
27(3) This Section shall not be construed to relieve a healthcare institution of
28the requirement to provide emergency medical services to individuals as required in
29accordance with 42 U.S.C. 1395dd.
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  HB NO. 1121
1(4) Notwithstanding any other provision of this Section to the contrary, a
2licensed healthcare professional, healthcare institution, or healthcare payor that holds
3itself out to the public as religion-based, states in the entity’s governing documents
4that the entity has a religious purpose or mission, and that has internal operating
5policies or procedures that implement the entity’s religious beliefs has the right to
6make employment, staffing, contracting, and admitting privilege decisions consistent
7with the entity’s religious beliefs.
8C.(1) A licensed healthcare professional, healthcare institution, or healthcare
9payor shall not be civilly, criminally, or administratively liable for the licensed
10healthcare professional’s, healthcare institution’s, or healthcare payor’s exercise of
11conscience.
12(2)    A healthcare institution shall not be civilly, criminally, or
13administratively liable for the exercise of conscience by a licensed healthcare
14professional employed, contracted, or granted admitting privileges by the healthcare
15institution.
16D.(1) No employer of a licensed healthcare professional shall take adverse
17action against the healthcare professional solely for providing a healthcare treatment,
18procedure, or product with the informed consent of the patient and within the scope
19of the professional’s lawful practice.
20(2) The provisions of this Subsection apply regardless of whether the
21treatment, procedure, or product is approved by a governmental or medical authority
22provided the healthcare professional acts in accordance with applicable standards of
23care, state, and federal law.
24E.(1) No employer, healthcare professional licensing board, healthcare
25payor, or state governmental entity shall take adverse action against a licensed
26healthcare professional for expressing, in a private or public capacity, a professional
27opinion related to healthcare if the opinion is made in good faith and within the
28scope of the professional’s competence.
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  HB NO. 1121
1(2) Nothing in this Section shall be construed to prohibit a licensing board
2from regulating fraudulent, knowingly false, or grossly negligent statements in
3accordance with state and federal law.
4F.(1) A healthcare licensing board or regulatory agency shall not impose
5disciplinary action against a licensed healthcare professional solely for expressing
6a professional opinion or furnishing supporting medical literature if such conduct
7does not constitute fraud or gross negligence.
8(2) Prior to imposing disciplinary action based upon a professional statement
9or treatment decision, the licensing board shall provide notice and an opportunity for
10the healthcare professional to respond in accordance with administrative procedures
11and due process requirements.
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 1121 Original  2026 Regular Session  Ventrella
 Abstract: Authorizes healthcare institutions, healthcare payors, and health professionals
  to object to providing healthcare services in circumstances where the entity or
  professional opposes for ethical, moral, or religious reasons.
 Proposed law provides for definitions.
 Proposed law grants licensed healthcare professionals, healthcare institutions, and healthcare
 payors the right to decline participation in or payment for a healthcare service that violates
 his conscience.
 Proposed law prohibits discrimination against a healthcare professional, healthcare
 institution, or healthcare payor for exercising conscience rights under the proposed law.
 Proposed law provides that a healthcare payor shall not refuse payment for a healthcare
 service when contractually obligated to pay for the service due to another party’s refusal to
 participate based on conscience.
 Proposed law clarifies that healthcare institutions remain subject to federal requirements to
 provide emergency medical services.
 Proposed law allows religion-based healthcare entities to make employment, staffing,
 contracting, and admitting privilege decisions consistent with their religious beliefs.
 Proposed law provides that healthcare professionals, healthcare institutions, and healthcare
 payors are not subject to civil, criminal, or administrative liability for exercising conscience
 rights.
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HLS 26RS-1118  ORIGINAL
  HB NO. 1121
Proposed law provides that healthcare institutions are not liable for a healthcare
professional’s exercise of conscience.
Proposed law prohibits employers from taking adverse action against a healthcare
professional solely for providing lawful healthcare treatment with a patient’s informed
consent and within the professional’s scope of practice.
Proposed law applies these protections when the healthcare professional acts in accordance
with applicable standards of care, state, and federal law.
Proposed law prohibits employers, licensing boards, healthcare payors, and state agencies
from taking adverse action against a healthcare professional for expressing a good-faith
professional opinion related to healthcare within the professional’s competence.
Proposed law allows licensing boards to continue to regulate fraudulent, knowingly false,
or grossly negligent statements.
Proposed law prohibits licensing boards or regulatory agencies from disciplining a
healthcare professional solely for expressing a professional opinion or providing supporting
medical literature unless the conduct constitutes fraud or gross negligence.
Proposed law requires licensing boards to provide notice and an opportunity to respond
before imposing disciplinary action related to a professional statement or treatment decision.
(Adds R.S. 40:1300.81)
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