For some United States health care workers, there exists a conscience terms that gives them the legal right to say no to administering certain treatments that clash with their spiritual conscience. Critics of the clause believe that a doctor cannot refuse to treat a patient if that treatment can save a life. The Hippocratic Oath compels medical professionals to treat patients fairly and without bias. Now several of those workers won’t be able to site the conscience clause, reports the Washington Post. Obama’s reworking of the clause strips out many of the protections written in by the last Bush administration. People take out short term personal loans for medical care, and do not expect their doctor’s spiritual values to get in the way of their health care.
Started by Bush was the conscience clause
President George W. Bush was in office when a conscience terms was put into laws. It is something health care workers would have to deal with. Concerns over providing emergency contraception, treating homosexual patients and prescribing birth control to single women were cited as reasons for the conscience clause by the Bush administration.
The rules are "unclear and potentially over-broad in scope." This is what the Obama administration thinks of it all. The new version of the conscience terms, which goes into impact in 30 days, removes the above exceptions but maintains long-standing federal protection for those medical care workers who refuse on conscience/religious grounds to perform abortions and sterilizations. The process through which health care workers can file complaints was also retained.
The best way to regulate federal funds
The Bush regulation explains that organizations are required to follow the religious/conscience law. Without it, state and local governments, hospitals, health plans and clinics would lose all federal funding.
Under the Obama administration’s overhaul, definitions within the conscience terms are more clearly focused. Procedurally, matters of women’s health have received greater attention. The new rule makes it much easier to get abortions, contraceptive and fertility treatments. The roadblocks are taken away.
The U.S. Department of Health and Human Services made a statement about what Obama did:
"The administration strongly supports provider conscience laws that protect and support the rights of health care providers, and also recognizes and supports the rights of patients. … The rule being issued today builds on these laws by providing a clear enforcement process."
Citations
OFR
ofr.gov/OFRUpload/OFRData/2011-03993_PI.pdf
Washington Post
washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021803251.html?wpisrc=nl_natlalert
Wikimedia
en.wikipedia.org/wiki/Conscience_clause_%28medical%29
Lou Dobbs’ story on the conscience clause
youtube.com/watch?v=Ge4k6IjERkQ
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