SB 123 Text

President Majority Leader Members Committees District Maps Audio Senate Clerk Senate Rules

Speaker Members Committees District Maps Audio House Clerk House Rules

Interim Committees Budget & Fiscal Affairs Court of Claims Crime Victims LASD Legislative Services PERD Post Audit Public Information Rule-Making Review Special Investigations Joint Rules Staff Only

Bill Status

Bill Status Bill Tracking

WV Code

WV Code WV Constitution US Constitution

Audits/ Reports

State Agency Grant Awards State Agency Reports Legislative Audit Reports Post Audit Reports

Educational

Citizen’s Guide Internship Program Page Program Back to School Program Publications Capitol Photo Gallery Capitol History How a Bill Becomes Law

Contact

Senate Roster House Roster Public Information Webmaster Helpful Links

Introduced Version Senate Bill 123 History

DOWNLOAD wpd |

sb123 intr Senate Bill No. 123
(By Senator Weeks)
____________
[Introduced February 9, 2005; referred to the Committee
on the Judiciary.]
____________

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.