Current through Register 2021 Notice Reg. No. 52, December 24, 2021
(a) No hospital shall discriminate against
any person based on sex, race, color, religion, ancestry, national origin,
sexual orientation, disability, medical condition, marital status, or
registered domestic partner status, except as provided herein. This provision
shall apply to the appointment of the medical staff, hiring of hospital
employees and the admission, housing or treatment of patients.
(b) Any bona fide nonprofit religious,
fraternal or charitable organization, which can demonstrate to the satisfaction
of the Department that its primary or substantial purpose is not to evade this
section, may establish admission policies limiting or giving preference to its
own members or adherents. Such policies shall not be construed as a violation
of the first paragraph of this section. Any admission of nonmembers or
nonadherents shall be subject to the first paragraph of this section.
(c) No hospital which permits sterilization
operations for contraceptive purposes nor any member of its medical staff shall
require of the patient any special nonmedical qualifications which are not
imposed upon individuals seeking other types of operations. Prohibited
nonmedical qualifications shall include, but not be limited to, age, marital
status and number of natural children. This prohibition does not affect
requirements relating to the physical or mental condition of the patient,
physician counseling of the patient or existing law pertaining to individuals
below the age of majority.