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  <title>Dr. Wendy Chavkin's blog</title>
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  <updated>2008-09-24T21:25:28-04:00</updated>
  <entry>
    <title>Bush &#039;Conscientious Refusal&#039; Puts Us All At Risk</title>
    <link rel="alternate" type="text/html" href="http://www.rhrealitycheck.org/blog/2008/09/23/bush-version-conscientious-refusal-puts-us-all-at-risk" />
    <id>http://www.rhrealitycheck.org/blog/2008/09/23/bush-version-conscientious-refusal-puts-us-all-at-risk</id>
    <published>2008-09-25T08:00:00-04:00</published>
    <updated>2008-09-24T21:25:28-04:00</updated>
    <author>
      <name>Dr. Wendy Chavkin</name>
    </author>
    <category term="Leading Voices" />
    <category term="Access to Abortion" />
    <category term="Contraception" />
    <category term="Maternal Health" />
    <category term="Sexuality Education" />
    <category term="STI/HIV/AIDS Prevention" />
    <category term="Birth Control" />
    <category term="Department of Health and Human Services" />
    <category term="HHS comment period" />
    <category term="HHS Contraception" />
    <category term="HHS regulation" />
    <category term="provider conscience" />
    <category term="Secretary Mike Leavitt" />
    <summary type="html"><![CDATA[Whatever religious values medical providers hold, we must also respect our patients' right to know all of their treatment options. For us, patients come first.    ]]></summary>
    <content type="html"><![CDATA[<p>
Imagine a lifeguard at a public 
beach who sees a swimmer caught in a riptide but feels he cannot rescue 
her because his faith prohibits contact between the sexes. He calls 
for his partner who does not share his beliefs, and the woman is saved.  <br />
</p>
<p>
The government hears about 
this and intervenes--not by demanding that the lifeguard rescue all 
swimmers but by telling him that he does not need to notify another 
guard, regardless of the consequence for half of the world's swimmers. 
Deciding that religious freedom is what needs saving, the government 
proposes antidiscrimination regulations that extend its version of the 
right of refusal to the people who repair the lifeboats, train the guards, 
and insure the beach.  
</p>
<p>
Sadly, this is not a joke. 
Recently the Department of Health and Human Services proposed a <a href="http://www.prch.org/content/index.php?pid=235" target="_blank">set of regulations</a> that claim to increase protection 
for healthcare workers' right to abstain from medical services to 
which they conscientiously object.  
</p>
<p>
These regulations represent 
another in a long line of cynical attempts by the Bush administration 
to distort science and medicine to fit its religious views and sabotage 
women's access to reproductive healthcare.  The new rules would 
broaden and strengthen the legal protections for physicians and other 
medical workers who refuse to provide, mention, or make referrals for 
abortion, sterilization, and even contraception.  <br />
</p>
<p>
Last fall, the <a href="http://www.acog.org/from_home/publications/ethics/co385.pdf" target="_blank">Ethics Committee 
of the American College of Obstetricians and Gynecologists (ACOG)</a> reached different conclusions about 
how doctors should approach their right of refusal, recommending that 
their right to &quot;conscientious objection&quot; be balanced by patients' 
needs.  For example, the committee recommended that physicians 
who hold moral objections to the use of emergency contraception in the 
case of rape should refer those patients to doctors who do not share 
their beliefs.   
</p>
<p>
ACOG's recommendations uphold 
longstanding medical ethics: As doctors, we base our work on respect 
for patient autonomy and a belief in the primacy of patient welfare, 
both of which would be undermined by these regulations.  <br />
</p>
<p>
In the Orwellian universe of 
these new rules, let us imagine the implications for a hemorrhaging 
patient and a trauma surgeon with religious objections to blood transfusion, 
or a physician with religiously based objections to the use of pork 
products and a patient in a diabetic coma in an emergency room where 
the only insulin available is pork-derived. The ACOG guidelines would 
not require these physicians to provide these services but rather to 
inform these patients that blood and insulin exist and refer them to 
doctors who would provide the urgently needed care.  <br />
</p>
<p>
But instead of focusing on 
patients' health, the administration proposes to extend the protective 
bubble to the receptionist who refuses to schedule appointments, the 
health insurance agents who refuse to process payments, and the operating 
room staff who refuse to clean equipment based on their conscientious 
objections to certain medical procedures or services. <br />
</p>
<p>
To determine a role for the 
government in balancing individual conscience and patients' welfare, 
the Bush administration would do well to look at other nations. For 
example, the governments of both Portugal and South Africa have crafted 
policies that enable individual physicians to refuse to provide services 
against their consciences but require them to provide full information 
to the patient and all necessary referrals. Their policies also obligate 
the healthcare system to guarantee that patients in these cases receive 
the care they need. 
</p>
<p>
In the short term, the Bush 
administration must drop the proposed regulations, and we have only one day left in <a href="http://ga1.org/campaign/HHSrestrictionsComments" target="_blank">the public comment</a> period to say so. The administration 
is distorting the meaning of religious tolerance so that it can impose 
its own beliefs on the rest of us, sacrificing women's health, medical 
ethics, and the patient's right to know in the process.  <br />
</p>
<p>
If they go into effect, the 
regulations would endanger women and undermine the doctor-patient relationship. 
Whatever religious values we may hold, we must also respect our patients' 
right to know all of their treatment options and how to fulfill them. 
For us, patients come first. As a member of the medical profession, 
I conscientiously object to the regulations.  
</p>
<a href="http://ga1.org/campaign/HHSrestrictionsComments" target="_blank">Please 
join me in telling the Department of Health and Human Services to drop 
its dangerous regulations.</a>    ]]></content>
  </entry>
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