Personal Injury Law

Broader medical refusal rule may go far beyond abortion

By Edward Bills

In a story written by David G. Savage of the Washington bureau of the LA Times, he reports that the Bush administration plans a new ‘right of conscience’ rule that would allow more workers to refuse more procedures. Critics say it could apply to artificial insemination and birth control and that the outgoing Bush administration is planning to announce its broad new “right of conscience” rule permitting medical facilities, doctors, nurses, pharmacists and other healthcare workers to refuse to participate in any procedure they find morally objectionable, including abortion and possibly even artificial insemination and birth control.

For more than 30 years, federal law has dictated that doctors and nurses may refuse to perform abortions. The new rule would go further by making clear that healthcare workers also may refuse to provide information or advice to patients who might want an abortion.

It also seeks to cover more employees. For example, in addition to a surgeon and a nurse in an operating room, the rule would extend to “an employee whose task it is to clean the instruments,” the draft rule said.

The “conscience” rule could set the stage for an abortion controversy in the early months of Barack Obama’s administration.

During the campaign, President-elect Obama sought to find a middle ground on the issue. He said there is a “moral dimension to abortion” that cannot be ignored, but he also promised to protect the rights of women who seek abortion.

While the rule could eventually be overturned by the new administration, the process might open a wound that could take months of wrangling to close again.

Health and Human Services Department officials said the rule would apply to “any entity” that receives federal funds. It estimated 584,000 entities could be covered, including 4,800 hospitals, 234,000 doctor’s offices and 58,000 pharmacies.

Proponents, including the Christian Medical Assn. and the U.S. Conference of Catholic Bishops, say the rule is not limited to abortion. It will protect doctors who do not wish to prescribe birth control or to provide artificial insemination, said Dr. David Stevens, president of CMA.

“The real battle line is the morning-after pill,” he said. “This prevents the embryo from implanting. This involves moral complicity. Doctors should not be required to dispense a medication they have a moral objection to.”

Critics of the rule say it will sacrifice patients’ health to the religious beliefs of providers.

The American Medical Assn. and the American Hospital Assn. in October urged HHS to drop the regulation. The Planned Parenthood Foundation and other backers of abortion rights condemned the rule as a last-gasp effort by the Bush administration to please social conservatives.

Full post as published by Bodily Injury Blog on December 02, 2008 (boomark / email).