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Maine Health-Care Provider Refusal Clause

This law was last updated on Dec 6, 2016


This law is Anti–Choice

State

Maine

Number

Me. Rev. Stat. Ann. tit. 18-A, § 5-807

Status

Current

Topics

Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

legislature.maine.gov

Maine law allows a health-care provider to decline to comply with an individual instruction or health-care decision if the instruction or decision appears not to be in compliance with the Uniform Health-Care Decisions Act or for reasons of conscience.

A health-care institution may decline to comply with an individual instruction or health-care decision if the instruction or decision appears not to be in compliance with the Uniform Health-Care Decisions Act or if the instruction or decision is contrary to a policy of the institution that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care decisions for the patient.

A health-care provider or institution that declines to comply must do the following:

  • Promptly inform the patient and any other person authorized to make their health-care decisions;
  • Provide continuing care to the patient until a transfer can be effected or a court of competent jurisdiction issues a final order regarding the decision; and
  • Immediately make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision.

The law, enacted in 1995, does not require refusing entities to provide referrals to patients seeking specific health-care services.