
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(b)(5)]
[CITE: 42USC300a-7]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER VIII--POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING 
                                PROGRAMS
 
Sec. 300a-7. Sterilization or abortion


(a) Omitted

(b) Prohibition of public officials and public authorities from 
        imposition of certain requirements contrary to religious beliefs 
        or moral convictions

    The receipt of any grant, contract, loan, or loan guarantee under 
the Public Health Service Act [42 U.S.C. 201 et seq.], the Community 
Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental 
Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et 
seq.] by any individual or entity does not authorize any court or any 
public official or other public authority to require--
        (1) such individual to perform or assist in the performance of 
    any sterilization procedure or abortion if his performance or 
    assistance in the performance of such procedure or abortion would be 
    contrary to his religious beliefs or moral convictions; or
        (2) such entity to--
            (A) make its facilities available for the performance of any 
        sterilization procedure or abortion if the performance of such 
        procedure or abortion in such facilities is prohibited by the 
        entity on the basis of religious beliefs or moral convictions, 
        or
            (B) provide any personnel for the performance or assistance 
        in the performance of any sterilization procedure or abortion if 
        the performance or assistance in the performance of such 
        procedures or abortion by such personnel would be contrary to 
        the religious beliefs or moral convictions of such personnel.

(c) Discrimination prohibition

    (1) No entity which receives a grant, contract, loan, or loan 
guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], 
the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the 
Developmental Disabilities Services and Facilities Construction Act [42 
U.S.C. 6000 et seq.] after June 18, 1973, may--
        (A) discriminate in the employment, promotion, or termination of 
    employment of any physician or other health care personnel, or
        (B) discriminate in the extension of staff or other privileges 
    to any physician or other health care personnel,

because he performed or assisted in the performance of a lawful 
sterilization procedure or abortion, because he refused to perform or 
assist in the performance of such a procedure or abortion on the grounds 
that his performance or assistance in the performance of the procedure 
or abortion would be contrary to his religious beliefs or moral 
convictions, or because of his religious beliefs or moral convictions 
respecting sterilization procedures or abortions.
    (2) No entity which receives after July 12, 1974, a grant or 
contract for biomedical or behavioral research under any program 
administered by the Secretary of Health and Human Services may--
        (A) discriminate in the employment, promotion, or termination of 
    employment of any physician or other health care personnel, or
        (B) discriminate in the extension of staff or other privileges 
    to any physician or other health care personnel,

because he performed or assisted in the performance of any lawful health 
service or research activity, because he refused to perform or assist in 
the performance of any such service or activity on the grounds that his 
performance or assistance in the performance of such service or activity 
would be contrary to his religious beliefs or moral convictions, or 
because of his religious beliefs or moral convictions respecting any 
such service or activity.

(d) Individual rights respecting certain requirements contrary to 
        religious beliefs or moral convictions

    No individual shall be required to perform or assist in the 
performance of any part of a health service program or research activity 
funded in whole or in part under a program administered by the Secretary 
of Health and Human Services if his performance or assistance in the 
performance of such part of such program or activity would be contrary 
to his religious beliefs or moral convictions.

(e) Prohibition on entities receiving Federal grant, etc., from 
        discriminating against applicants for training or study because 
        of refusal of applicant to participate on religious or moral 
        grounds

    No entity which receives, after September 29, 1979, any grant, 
contract, loan, loan guarantee, or interest subsidy under the Public 
Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health 
Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities 
Assistance and Bill of Rights Act [42 U.S.C. 6000 et seq.] may deny 
admission or otherwise discriminate against any applicant (including 
applicants for internships and residencies) for training or study 
because of the applicant's reluctance, or willingness, to counsel, 
suggest, recommend, assist, or in any way participate in the performance 
of abortions or sterilizations contrary to or consistent with the 
applicant's religious beliefs or moral convictions.

(Pub. L. 93-45, title IV, Sec. 401, June 18, 1973, 87 Stat. 95; Pub. L. 
93-348, title II, Sec. 214, July 12, 1974, 88 Stat. 353; Pub. L. 96-76, 
title II, Sec. 208, Sept. 29, 1979, 93 Stat. 583; Pub. L. 96-88, title 
V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       References in Text

    The Public Health Service Act, referred to in subsecs. (b), (c)(1), 
and (e), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which 
is classified generally to this chapter (Sec. 201 et seq.). For complete 
classification of this Act to the Code, see Short Title note set out 
under section 201 of this title and Tables.
    The Community Mental Health Centers Act, referred to in subsecs. 
(b), (c)(1), and (e), is title II of Pub. L. 88-164, as added Pub. L. 
94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended, 
which was classified principally to subchapter III (Sec. 2689 et seq.) 
of chapter 33 of this title prior to its repeal by Pub. L. 97-35, title 
IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.
    The Developmental Disabilities Services and Facilities Construction 
Act, referred to in subsecs. (b) and (c)(1), is title I of Pub. L. 88-
164, as added by Pub. L. 94-103, Oct. 4, 1975, 89 Stat. 496, and 
amended. Title I of Pub. L. 88-164, as amended generally by Pub. L. 98-
527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662, is known as the Developmental 
Disabilities Assistance and Bill of Rights Act and is classified 
generally to chapter 75 (Sec. 6000 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6000 of this title and Tables.
    The Developmental Disabilities Assistance and Bill of Rights Act, 
referred to in subsec. (e), is title I of Pub. L. 88-164, as added by 
Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662, which is 
classified generally to chapter 75 (Sec. 6000 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6000 of this title and Tables.

                          Codification

    Section was enacted as part of Health Programs Extension Act of 
1973, and not as part of Public Health Services Act which comprises this 
chapter.
    Subsec. (a) of this section amended section 601 of Pub. L. 91-296, 
which is set out as an Availability of Appropriations note under section 
201 of this title.


                               Amendments

    1979--Subsec. (e). Pub. L. 96-76 added subsec. (e).
    1974--Subsec. (c). Pub. L. 93-348, Sec. 214, designated existing 
provisions as par. (1), redesignated pars. (1) and (2) of such 
provisions as subpars. (A) and (B), and added par. (2).
    Subsec. (d). Pub. L. 93-348, Sec. 214(b), added subsec. (d).

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsecs. (c)(2) and 
(d), pursuant to section 509(b) of Pub. L. 96-88 which is classified to 
section 3508(b) of Title 20, Education.
