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Introduced Version Senate Bill 123 History

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sb123 intr
Senate Bill No. 123

(By Senator Weeks)

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[Introduced February 9, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §16-39-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting discrimination or retaliation against a health care worker who refuses to participate in treatment of a patient based upon good faith belief that the treatment is contrary to religious or moral beliefs or conscience of the health care worker.

Be it enacted by the Legislature of West Virginia:
That §16-39-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 39. PATIENT SAFETY ACT.
§16-39-4. Prohibition against discrimination or retaliation.
(a) No person may retaliate or discriminate in any manner against any health care worker because the worker, or any person acting on behalf of the worker:
(1) Makes a good faith report, or is about to report, verbally or in writing, to the health care entity or appropriate authority an instance of wrongdoing or waste.
(2) Advocated on behalf of a patient or patients with respect to the care, services or conditions of a health care entity;
(3) Initiated, cooperated or otherwise participated in any investigation or proceeding of any governmental entity relating to the care, services or conditions of a health care entity;
(4) Refuses to participate in the treatment of a patient based on good faith belief of the health care worker that the treatment is contrary to the religious or moral beliefs or conscience of the health care worker.
(b) A health care worker with respect to the conduct described is acting in good faith if the health care worker reasonably believes:
(1) That the information is true; and
(2) Constitutes waste or wrongdoing as defined in section three of this article.


NOTE: The purpose of this bill is to prohibit discrimination or retaliation against a health care worker who refuses to participate in treatment of a patient based upon good faith belief that the treatment is contrary to religious or moral beliefs or conscience of the health care worker.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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