Obama Proposes Recission of Conscience Clause

March 14, 2009 by Lisa Krempasky  
Filed under Action Steps

On January 20, 2009 President Bush administration enacted rules that would plug holes in the federal Conscience Clause. The Conscience Clause permits doctors to refuse to provide abortions if they are morally opposed to them. The full text of the present federal law can be found at the end of this post.

President Bush extended the conscience clause to all workers in health-care settings — from doctors to janitors — who can now refuse to provide services, information or advice to patients on subjects such as contraception, family planning, blood transfusions and even vaccine counseling if they are morally against it. Health and Human Service (HHS) says they want to rescind the rule primarily to require providers to give information on family planning and contraception.

HHS rescission would apply only to the portions of the rule put in place by President Bush as he was leaving office. The main conscience clause rule can only be overturned by Congress.

Right now President Obama’s decision is up for its required public comment period. This happens with changes in administrative rules and provides a period where concerned citizens can officially tell the government their opinion. You can make your official comment here Click on the bubble beside add comments.

Please remember to be respectful as your comments become an official part of the legislative history of our nation. Here are some ideas of what you can say:

1. The government should not be interfering in the doctor patient relationship by regulating what doctors must say.

2. No person should be required to choose between their profession and their conscience or religious beleifs.

3. Patients can get a second opinion if they do not like what their doctor tells them. There are plenty of places to get this advice and plenty of doctors to provide it. It is even publicly available through libraries and the internet.

4. Patients should have the right to go to and have their family go to health providers that align with their moral and religious beliefs and should not have to listen to advice they do not want. There is presently no opt-out provision so a doctor would be required to speak with your 14 year old daughter about family planning options.

Please comment with other thoughts you have or with your full comment.

CONSCIENCE CLAUSE
TITLE 42 > CHAPTER 6A > SUBCHAPTER VIII > § 300a–7Prev | Next § 300a–7. Sterilization or abortion
How Current is This? (a) Omitted
(b) Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions
The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require—
(1) such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or
(2) such entity to—
(A) make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or
(B) provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedures or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.
(c) Discrimination prohibition
(1) No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] after June 18, 1973, may—
(A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or
(B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,
because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions.
(2) No entity which receives after July 12, 1974, a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health and Human Services may—
(A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or
(B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,
because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.
(d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions
No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.
(e) Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds
No entity which receives, after September 29, 1979, any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.] may deny admission or otherwise discriminate against any applicant (including applicants for internships and residencies) for training or study because of the applicant’s reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant’s religious beliefs or moral convictions.

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Comments

2 Responses to “Obama Proposes Recission of Conscience Clause”
  1. Zachary Klinger says:

    Doctors DO NOT have the right to refuse caring for patients based on their personal belief systems. No one should be able to refuse anyone asking for a legal and constitutional right. Pharmacists, maybe even more so, do not have the right to refuse someone anything that has been prescribed by a doctor, since this would basically mean they were overriding the doctor’s decision.

  2. Zachary, I disagree. There are 10,000s of doctors. People can get medical treatment elsewhere if they want it and can go to another pharmacy if they want it. To require a doctor or pharmacist to act agains their conscience is itself a violation of the Constitution. If so many doctors and pharmacists were opposed to a treatment so that it actually limited access then maybe we, as a people, should review the treatment to determine if it is actually appropriate or not.

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