Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Nebraska allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Individuals, hospitals, institutions, or other facilities.

What does the refusal clause allow? No person may be required to participate in an abortion. The refusal of a person to participate may not be a basis for civil liability or discrimination. A person who has been discriminated against because of a refusal to participate may bring an action for damages, injunctive relief, costs, and attorneys' fees.

No hospital, institution, or other facility may be required to admit a woman for the purpose of performing an abortion or to allow the performance of abortion. The refusal of a hospital, institution, or facility to perform or allow an abortion may not be a basis for a cause of action.

Does the law require the refusing entity to notify the persons affected? Yes. A hospital, institution, or facility must inform the woman of its policy not to participate.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Neb. Rev. Stat. §§ 28-337 to -341 (Enacted 1977).