Lawmakers are advancing a bill that grants health care providers the ability to refuse to perform services based on “conscience.”
The House Health and Human Services Committee supported the bill despite opposition from health care systems and lobbyists in the industry.
House Bill 1153 provides protections for health care providers against discrimination for protected speech and the right to refuse any medical service that goes against their conscience.
Rep. Leslie Heinemann is the bill’s prime sponsor.
“Well, you may think, ‘This doesn’t happen in South Dakota,’” Heinemann said. “Well, I’m here to tell you that it does, and it is happening as we speak.”
Heinemann continued, explaining why he brought the bill.
“Why is this med act required or needed?" Heinemannn asked. It protects diversity of belief within the medical profession and benefits patients by protecting the supply of physicians and other medical providers within the health care system.”
While complaints and lawsuits have been brought on this basis around the country, nobody in testimony provided evidence of complaints in South Dakota.
Many who spoke in favor of HB 1153 say it would allow providers to refuse performing, among other things, abortions — which are already banned in the state — and transgender surgeries. They also made mention of vaccinations, pointing to the COVID-19 pandemic.
Rep. Taylor Rehfeldt opposed the bill and pushed back on supporter claims.
“No one is forcing providers to do things like those extreme examples that go against their beliefs,” Rehfeldt said.
She went on, arguing the bill is focused on the wrong people.
“What this bill does do is gives permission to providers, people who have gone into a profession where their number one priority should be patients, patients not themselves," Rehfeldt said. "I didn’t go into healthcare to think about myself. And if you go into healthcare and you’re going to assume that you can just not care for a patient because of this or that, you shouldn’t have gone into health care.”
She expressed concern the bill’s broad language could apply to politics and create complications for patients.
The bill will receive a hearing on the House floor following committee approval in an 8-5 vote Thursday.
