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Docs Can Refuse Abortions, Says Health and Human Services
AP Online
August 23, 2008
WASHINGTON — The Bush administration on Thursday proposed stronger job protections for doctors and other health care workers who refuse to participate in abortions because of religious or moral objections.
Health and Human Services Secretary Michael Leavitt said that health care professionals should not face retaliation from employers or from medical societies because they object to abortion.
“Freedom of conscience is not to be surrendered upon issuance of a medical degree,” said Leavitt. “This nation was built on a foundation of free speech. The first principle of free speech is protected conscience.”
The proposed rule, which applies to institutions receiving government money, would require as many as 584,000 employers ranging from major hospitals to doctors’ offices and nursing homes to certify in writing that they are complying with several federal laws that protect the conscience rights of health care workers. Violations could lead to a loss of government funding and legal action to recoup federal money already paid.
Abortion foes called it a victory for the First Amendment, but abortion rights supporters said they feared the rule could stretch the definition of abortion to include birth control, and served notice that they intend to challenge the administration.
“Women’s ability to manage their own health care is at risk of being compromised by politics and ideology,” Cecile Richards, president of the Planned Parenthood Federation of America, said in a statement.
Abortion rights groups had complained that earlier drafts contained vague language that might block access to birth control, and they said the latest version has not addressed all of their concerns.
The rule “fails to give assurances that current laws about abortion will not be stretched to cover birth control,” said Nancy Keenan, president of NARAL Pro-Choice America.
But Tony Perkins, president of the conservative Family Research Council, said it upholds basic constitutional freedoms.
“This proposal ensures that doctors and other medical personnel will retain the constitutional right to listen to their own conscience when it comes to performing or participating in an abortion,” Perkins said. “These regulations will ensure that pro-life medical personnel will not be forced to engage in the unconscionable killing of innocent human life.”
Leavitt said the regulation was intended to protect practitioners who have moral objections to abortion and sterilization, and would not interfere with patients’ ability to get birth control or any legal medical procedure.
“Nothing in the new regulation in any way changes a patient’s right to any legal procedure,” he said, noting that a patient could go to another provider.
“This regulation is not about contraception,” Leavitt added. “It’s about abortion and conscience. It is very closely focused on abortion and physician’s conscience.”
The 42-page rule seeks to set up a system for enforcing conscience protections in three separate federal laws, the earliest of which dates to the 1970s. In some cases, the laws aim to protect both providers who refuse to take part in abortions and those who do.
The regulation is written to apply to a broad swath of the health care work force, not doctors alone. Accordingly, an employee whose task it is to clean the instruments used in a particular procedure would be covered. Also covered would be volunteers and trainees.
The underlying laws deal mainly with abortion and sterilization, but both the laws and the language of the rule seem to recognize that objections on conscience grounds could involve other types of services.
“This regulation does not limit patient access to health care, but rather protects any individual health care provider or institution from being compelled to participate in, or from being punished for refusal to participate in, a service that, for example, violates their conscience,” the rule said.
Planned Parenthood attorney Roger Evans said that a key legal problem with the rule is that it fails to define what constitutes an abortion, and thereby could be stretched to cover other types of services. But Leavitt said existing laws adequately define abortion.
The regulation now faces a 30-day public comment period.
(c) YellowBrix 2008
mscott55321
5 days ago
2 comments
"Just because a male/female has functionning reproductive organs does not qualify them to be a father/mother to another human being." Tweety, just because they have reproductive organs doesn't mean they're mature enough to have sex either. There are precautions they can choose to take BEFORE they have sexual relations. Birth control is a choice. Childbirth for a pregnant women should not be. We're not talking about a liver transplant. We're talking about a human life. Once conception happens there should be no further choice but to deliver the baby at term. After the birth, there are options. But that's not even what this is about. This is about forcing a physician or a nurse to participate in a medical procedure which violates their ethical, moral and/or religious rights. You can't force a physician to go to a prison and give a lethal injection to a death row inmate. Why should you be able to force him/her to take the life of an innocent baby?
jane_0126
8 days ago
936 comments
This is such a wonderful news! I'm glad to hear that doctors still have respect for life and human dignity. Abortion is fine if it follows the principles in Bioethics. Like the Principle of Double Effect, if it endangers the life of the mother as well. But having an abortion for other reasons out of these principles are simply morally wrong!!!
kstiltner1
about 1 month ago
1326 comments
I think everyone has a right to choose what they wise to do.
angels_CCC
2 months ago
20 comments
I think that physicians have the right to choose. There is more than one doctor to seek an abortion from. Abortion probably is abused and done for the wrong reasons a lot of the time. I think that by giving both women and health care providers the right to choose what they want to do is fair. Why should a physician have to provide a service that goes against their values, beliefs/religion?!?!? That doesn't seem right to me. This isn't a life-saving procedure, and isn't something that needs to be done immediately, so women would be able to find another health care provider willing to do it.
IRENEB
2 months ago
2 comments
YOURE WRONG SENIOR TWEETY
GOD IS A DOCTOR... AND A HEALER, A KEEPER, A FRIEND, A FATHER, A KING, A COMFORTER, A LAWYER...ALL THESE THINGS AND SO MUCH MORE. YOUR CYNICISM IS
IS REMARKABLE AND THE SCENARIOS YOU USED AS EXAMPLES HAVE ABSOLUTELY NOTHING TO DO WITH THE PRESIDENTS PUSH FOR MEDICAL PERSONNELL TO HAVE THE SAME RIGHT TO CHOOSE IN MATTERS OF THEIR CONSCIENCE. FOR ALL THE SO-CALLED PRO CHOICE ADVOCATES OUT THERE, PLEASE EXPLAINE TO ME WHY A PERSON WHO IS PRO-LIFE NOT ALLOWED TO EXCERCISE THEIR RIGHT TO CHOOSE WITHOUT BEING PERSECUTED AND CALLED JUDGEMENTAL.
leng
2 months ago
868 comments
it all depends on the circumstances surrounding the reason for abortion. if it may mean endangering the life of the mother, it can be a choice, but if its done only for the reason of being irresponsible, i think the person herself should be responsible enough to face whatever consequences it will have on her.
bawall
2 months ago
92 comments
I think this is an interesting topic. I agree that healthcare providers shouldn't have to participate in something they don't believe to be consciencely or morally right. I hope that they would work in an environment that didn't provide these services. I can say that abortion availability has caused the loss of many children. I got married young and I am not proud to say it but I considered abortion for selfish reasons and because my husband and I were having a difficult time. I would have made the worst mistake of my life and missed out a great daughter and not have either daughter. I know choosing to have any abortion would have ended my marriage.My daughters don't know but I guess if they come across this site they will. I discussed it with my mom before I made my decision. I didn't want to be divorced and stuck taking care of a child alone. The marriage was very rocky. I believed it would end in divorce. It didn't but it would have I believe if I had aborted my oldest daughter and there would have never been my youngest daughter. I would have missed out on two wonderful and unique people.
Kristinaveale
2 months ago
44 comments
I think that everyone is entitled to their own opinions on the issue of abortion. And I think it is a good idea for the physicians to be able to express their opinions as well as and as easily as the patient.
DaMomb
2 months ago
1250 comments
seniortweety - patients have the right to REFUSE (lifesaving) medical treatment on the basis of religious beliefs, why should it be wrong for doctors to do the same?! Are they not human too? gtw said it best, 'there will always be physicians who have no moral problem with the issue of abortion.' I myself have difficulty promoting the prochoice option when it has become so widely abused.
gtw
2 months ago
6 comments
I think that Physicians should absolutely have the option to not perform elective abortions. If the law (Roe v Wade) gives a woman the right to choose to terminate her pregnancy and to safely do so, generally involves a doctor’s participation, then why shouldn’t the doctor have a choice as well? I think there will always be Physicians who have no moral problem with issue of abortion.
eyedocjones
2 months ago
4 comments
seniortweety and others seem to view pro-life nurses as "judgemental" and "pressing their religious beliefs on others" and "preaching" at their patients. What I see happening with pro-life nurses is far from these characterizations. It has been my experience that often patients who present for an induced abortion have not been give the options. i.e. an anaecephalic may live for some time and become an organ donor, thereby giving life to a couple of other human beings; adoption for the rare rape victim; support during the pregnancy as well as counseling after the delivery and even post-abortion counseling. They should be told that studies have shown that artifically interrupting a pregnancy, particularly in primips places them at greater risk for developing breast cancer. They are rarely informed of the emotional consequences of undergoing this procedure, and referrals for counseling are non-exsistant. As part of our role as nurses, we should educate our patients regarding the options they have although they may involve carrying a pregnancy to term in order to permit the fetus to live and experience a normal life. We should not assume that once they are discharged after an abortion, the problem is fixed. Compassionate nurses offers alternative solutions to abortion that do not take the life of the smallest patient, and bring healing to the woman. You should explore agencies that offer adoption services, support during pregnancy, counseling after delivery, and even post-abortion counseling. You will likely find these compassionate organizations are not deserving of the judgemental labels you have given them.
tuckerthebucker
2 months ago
2 comments
Thank God Almighty!
Hopefully, the doctors will live by their oath to do no harm.
Murder (abortion) by choice is illegal regardless of what any human body believes.
Yours in Christ Jesus,
Charles E. Guth, CNA
dablond08
2 months ago
2 comments
First of all, why would a person who doesn't believe in foreign objects entering the body even enter the medical field? Honestly, that "example" is stretching it. In the example of a person getting a transplant who may not "deserve it", the reason it is questioned is because of the lifestyle and situation of the patient yet, it is said that you should look at the lifestyle and situation of the mother. Another thing is that getting a person a liver and aborting a baby are two different things. Maybe the child will have a difficult future, but who are we to deny the right of that child to having any future at all?
If one believes it is the mother's right to choose whether or not to have the life of her child taken, isn't it also the medical professional's right to not have to take the life. It isn't always about the judgment of the mother that a medical professional wouldn't do it. It's more because of their own conscious and not wanting to have the blood of the voiceless on their hands.
kistpehe
2 months ago
4 comments
Right on Bush! I am an OR nurse and have helped with many abortions. They are horrific, and inhumane. In the hundreds of abortions performed none were for rape, and none were for the medical necessity of the mother. That is just a lame excuse from the pro choice people. I guarantee if you came into the OR with me to see first and second trimester abortions and their reasons they are done you would change your mind. Heck we have more passion for gun control than human life. Also, women cry men don't respect them well just look at us. We condone this terrible act?! It's not wonder children are troubled, divorce is high, suicide is up, etc. It all starts with the women of this country. We should demand adoption instead of abortion.
seniortweety
2 months ago
4 comments
I believe its a womans choice, for instance, some medical professionals may not believe in abortion no matter what the circumstances surrounding it are, for example, if a woman is raped and pregnant, I believe that is grounds for her to choose to have an abortion or not, also, I think this law has ways of going into other areas of the medical field, if a medical professional feels that what he is doing is against his religious beliefs in other area's then what of that? For instance, there are religious beliefs that do not believe in placing foreign objects into their bodies, if a doctor that has those beliefs refuses to let a patient receive dialysis because of his/her beliefs, and his moral objections.........It is a medical professionals right to refer a patient to another professional who may be more competent in reaching that patients goals and giving them their freedom and rights to choose, Because of that fact, I don't agree with this law, regardless of what you believe is right or wrong for someone, it is still their choice. Another example: A patient comes in, who has a history of drug abuse and suicide, she has been drinking paint, and is now comatose, "did she drink the paint to get high? or was she committing suicide?" Regardless, she now has a failing liver, and in order to live, she requires a transplant... now here is the moral question: Do you refuse her the transplant because of your personal conscious, and that you personally feel that "she didn't take care of the first one, "she's just going to abuse this one also." Do you make her sign something that says that she would take better care of this new liver? would she be morally obligated to take care of it?... Then, would there be conditions of her having it? Now lets put into consideration that maybe she is not mentally stable enough to make a promise like that. Do you deny her that transplant and let her die? ......... with abortion, .... Rape victims, Mentally unstable, Mentally and/or physically disabled, complications for the mother and/or child, possibility of death to the mother and/or child, disease..... after all these things concerning abortion...., lets look at some other aspects of this, what about the 11 year old girl who is having a baby? The doctor/nurse/medical professionals who are suppose to be in charge of helping her deliver it, if they are morally against 11 year olds having children.....is it ok for them to refuse care? The mother who has full blown AIDS and is giving birth, The child born on Crack/ cocain, the child born to a mentally unstable alcholic, the child born to a mentally unstable individual who has schizophrenia, What if all of these individuals wanted abortions, I think people are looking at the small picture..... a woman in a hospital giving birth... or not..... they are not looking at the future of the children, the family, the mother, after all of this, I believe that it is a medical professionals Right to refer the patient to another more competent, less judgmental health professional, who would not try to press their religious and/or moral beliefs upon other individuals, who could help them reach their goals, and possibly refer them to a therapist or counselor to help them through this very hard decision/ choice, that will affect them for the rest of THEIR lives. The difference between God and doctors...... God knows he's not a doctor.