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Obama Administration to Reverse Bush Rule on "Conscience" Regulation

by: Rob Stein  |  The Washington Post

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The Obama administration plans to reverse a Bush law that granted health care workers the ability to refuse to provide care if it violates their personal, moral or religious beliefs. (Photo: Current.com)

    Policy provides sweeping federal protections to health care workers who refuse to provide care that violates their beliefs.

    The Obama administration has begun the process of rescinding sweeping new federal protections that were granted in December to health care workers who refuse to provide care that violates their personal, moral or religious beliefs.

    The Office of Management and Budget announced this morning that it was reviewing a proposal to lift the controversial "conscience" regulation, the first step toward reversing the policy. Once the OMB has reviewed the proposal it will be published in Federal Register for a 30-day public comment period.

    "We are proposing rescinding the Bush rule," said an official with the Health and Human Services Department, which drafted the rule change.

    The administration took the step because the regulation was so broadly written that it could provide protections to health care workers who object not only to abortion but also to a wide range of health care services, said the HHS official, who asked not to be named because the process had just begun.

    "We've been concerned that the way the Bush rule is written it could make it harder for women to get the care they need. It is worded so vaguely that some have argued it could limit family planning counseling and even potentially blood transfusions and end-of-life care," the official said.

    After the 30-day comment period, the regulation could be lifted entirely or it could be modified to make the protections more specific, the official said.

    "We support a tightly written conscience clause. We recognize and understand that some providers have objections about abortion, and we want to make sure that current law protects them," the official said. "We want to be thoughtful about this."

    The new rule empowers the federal government to cut off federal funding for any state or local government, hospital, health plan, clinic or other entity that does not accommodate doctors, nurses, pharmacists or other employees who refuse to participate in care they find objectionable. The Bush administration adopted the rule at the urging of conservative groups, abortion opponents and others in order to safeguard workers from being fired, disciplined or penalized in other ways.

    Women's health advocates, family planning proponents, abortion rights activists and others condemned the regulation, saying it would create a major obstacle to providing many health services, including family planning, infertility treatment and end-of-life care, as well as possibly a wide range of scientific research.

    The move marks the latest challenge to the Obama administration's attempt to find more of middle ground on issues related to abortion. President Obama has said repeatedly he hopes those on both sides of the issue can work to reduce the number of abortions by preventing unwanted pregnancies and by offering support to women who do get pregnant and want to continue their pregnancies.

    That approach has already been tested. Obama angered abortion opponents when he lifted restrictions on federal funding for international family planning groups that promote abortion. The next closely watched decision will be whether Obama lifts federal restrictions on federal funding for human embryonic stem cell research.

  

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Comments

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It is so obvious that this

It is so obvious that this rule is a ploy to let anti-choice medical professionals infiltrate and then debilitate organizations where abortions are performed. If you are an anti-choice medical professional there are many, many organizations that you can work at where you will not have to make these "moral" choices. As a human services professional whose values are opposed to many "Christian" organizations, I choose to work in the secular nonprofit sector. I do not force my way into the organizations that attach ideology to service delivery and then think I can act against the missions of those organizations.

It's about time! Knowledge

It's about time! Knowledge should be guided by reason-tested information, not imagination-based belief that refuses to allow differences. If you do not believe in medical options, don't go into that area of medicine. People should know their options, not dictate others' choices. The same should apply to ESCR.

Bravo Barack! I do not want

Bravo Barack! I do not want my daughters or granddaughter's or my little great-granddaughter's health, reproductive, or other, to be held hostage by some health worker--I don't care if it's a nurses-aid or a bigshot surgeon--because of their private religious, or other prejudice against a particular medication of procedure. Wow, isn't it great to have a President with a brain?

Years ago I ran a home

Years ago I ran a home daycare. My family is not Christian and the person the county assigned to inspect our homes for licensing believed that that fact alone made me unfit to care for children. In fact he told me that his conscience wouldn't allow him to renew my license if I was a Jew--even though I had won local awards for my program and had a flawless record of care. Don't doubt that this is a bigger issue than abortion.

For a healthcare worker to

For a healthcare worker to refuse to perform part of his work amounts to deception and false advertising. Isn't this illegal, as well as unethical?

Very good to see our

Very good to see our President cleaning up the dismal and disgusting Reichwing Religious Fanatical revisions to our once proud nations laws and regulations. Just as with Hitler's gang of thugs it's so fine to see the NAZI Reich of Republicanism removed from office. Someday I would like to see their brand of insanity banded throughout the lands.

It is a gross

It is a gross misrepresentation to imply that ANY family planning group "promotes" abortion. What they promote is safe, legal access to those for whom there is no other option. I don't know a woman alive who ever really embraces the prospect of terminating their pregnancy, rather, it is most often a decision fraught with anxiety, grief, and shame. And, shame on the religious and other organizations who try to make us believe otherwise.

Great news! Where suffering

Great news! Where suffering and death were concerned, the Bush administration found ways of dishing it out other than waging a misdirected war in the Middle East and ignoring genocide in Africa. Health-care workers being legally encouraged to deny treatment, or pharmacists to deny medications, according to their views on sexual persuasion, abortion or what-have-you certainly is a long way from the right to Life, Liberty and the Pursuit of Happiness. And then there was pandering of U.S. big business monopolies and their price-gouging by disallowing the purchase of cheaper drugs across the Canadian border by the needy and suffering. Any government contribution to actual health care in this country developed into a farce (unless one was a member of Congress)--even for returning war veterans! Can you imagine a fireman refusing to make a house call because the owner believed in abortion, or didn't wear a little U.S. flag pin in his lapel? Not going to happen. The country's burning in many ways now--and help is on the way, if the trucks can get through the damned picket lines.

Well, this is too bad. I

Well, this is too bad. I find it morally offensive to have to provide health care for people who refuse to follow my advice, which includes limiting TV time for their kids and keeping soda out of the house. Do I have to keep seeing kids who keep getting ear infections because their parents smoke?

Reason and decency may again

Reason and decency may again prevail. I'd hate to bleed to death in the emergency room just because whoever is on call decided I didn't fit his profile of permissible patients. And thank heavens that women in other countries are no longer subjected to our religiously biased and inhumane regulations regarding aid to women.

My mother died this week, 11

My mother died this week, 11 years after being diagnosed with Alzheimer's disease and five years after entering a nursing home in the advanced stage of that horrible disease. During her final days, as our family members kept vigil, we had to confront a nurse who refused to administer the morphine prescribed by a hospice doctor for pain relief. The nurse said it was against her religion to "hasten death." My brother and sister explained that the low doses of morphine had been prescribed to relieve her suffering, not to hasten her death. My brother's complaint to a supervisor finally got this nurse removed from our case. Until then, the nurse was actually pretending to give our mother the morphine! Thank you, President Obama, for restoring ethics to our medical profession.

"I do not force my way into

"I do not force my way into the organizations that attach ideology to service delivery and then think I can act against the missions of those organizations." This is why I work in a Catholic Hospital. It's too bad people do not respect principles that differ from their own.

"This is why I work in a

"This is why I work in a Catholic Hospital. It's too bad people do not respect principles that differ from their own." And, that is why there are those of us, such as the Human Services professional, and myself, who work in the Nuclear Medicine field, choose to work in the secular nonprofit sector of the medical profession.

It's sad that the medical

It's sad that the medical profession will lose many potential great employees because their conscience will not allow them to be involved with abortions. 'anti-choice'? 'infiltrate'? What if you were working in a hospital where you found out that after 2 weeks of care if a critically ill patient wasn't better that person's life was taken? Would your conscience allow you to continue to work in that area? Would you not want to at least have the freedom to continue your employment yet 'bow out' of being involved with such? I realize if you don't think abortion or partial-birth abortion is taking a life,you're not at all agreeing with what I'm writing...but what if? What if it is?

I am a Christian (not in the

I am a Christian (not in the medical/healthcare profession), however, I have expressed concern over medical/healthcare professionals refusing to do their jobs. Medical/healthcare professionals take an oath to preserve life and the quality of life. If any of these professionals have a problem with keeping their oaths, they should seek new professions. If medical/healthcare professionals aren’t addressing matters of healing, life and death to patients and their family members, all other opinions are moot. It’s all about the care of the patients and/or the collective efforts of everyone involved in the care of their loved ones. Excluding severe medical conditions whereas treatment would be as detrimental as non-treatment, does a doctor have the right to refuse to provide the best medical treatment possible to an elderly patient simply because of old age? Does a pharmacist have the right to refuse to fill birth control prescriptions because they are supposed to prevent conceptions? If so, then why sell condoms? When used properly, condoms do more than prevent STIs, condoms prevent conceptions. Why is it wrong to give rape victims the morning after pill? If patients are in the final stages of a painful death, what is wrong with making them comfortable? This is why Living Wills and such discussions with family members are important. Also, patients and family members need to know that it’s okay to question, challenge, fire/change medical/healthcare professionals on the spot, seek 2nd and 3rd opinions, and file complaints with medical boards. As a Christian, there are many things that I won’t do and I don’t do such as (un)purposely put myself in any environment that contradicts my spiritual beliefs—I would have no problem leaving the situation. I am a firm believer that a person’s life, health or any other matter is not over until GOD says it’s over. I also know that constant refusal to do the job thatI agreed to do will put me in the unemployment line.

This article failed to

This article failed to mention that the newest right to conscience rule is a RULE and not a LAW, because it was passed by the EXECUTIVE branch of government [ie: the branch that is supposed to ENFORCE the laws, not make new laws. Therefore this rule was passed unconstitutionally.