HHS Should Revoke Bush-Era "Conscience" Rules
Americans United for Separation of Church and State has called
on the Department of Health and Human Services (HHS) to rescind a regulation
put in place by former President George W. Bush dealing with religious
objections to medical procedures, saying the rule could violate patients’
rights.
The sweeping regulation, implemented by Bush in December,
essentially gives health-care workers a right to refuse to take part in any
procedure that they say violates their religious beliefs.
“This regulation was a parting gift from President
Bush to the Religious Right, and it ought to be returned to sender,” said
the Rev. Barry W. Lynn, executive director of Americans United. “The last
thing this country needs is more Religious Right meddling in our health
care.”
President Barack Obama has proposed rescinding the Bush regulation,
and today is the deadline for public comment on the matter.
In a letter
to HHS Acting Secretary Charles E. Johnson, Americans United urges Obama to
proceed with the planned rescission of the rule, arguing that the regulation is
unnecessary because the nation’s federal civil rights laws already
protect employees from religious discrimination.
“Rescinding the law would pose no threat to the rights
of health-care workers, and instead, would serve to ensure that more
individuals have access to health care,” wrote Margaret F. Garrett, AU
assistant legislative director. “The goals of the current rule could more
effectively be met simply through education and outreach.”
AU also asserts that the rule is too sweeping in its
approach and that it fosters ambiguity.
Continuing to enforce the regulation, AU asserts,
“will have a chilling effect on health-care facilities, reducing –
rather than expanding – health-care services for patients.”
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Notice that Americans United for Separation of Church and State want the "State" to tell people how and when to apply their religion . How is having the “State” tell religious persons what to do an act of separation?
If a health care provider chooses not to perform any given (non-life saving) procedure they should not be "forced" by law to do it. This "right" should apply to both religious convictions and convictions based on the interpretation of studies.
If you want a procedure that a doctor will not provide, then find a different doctor. Why pass a law telling the doctor they must provide that procedure? (The same holds true for pharmacists with prescribing drugs .) Often the case of rural areas is brought up (with their limit of choices). If a doctor is getting less business, they will have to provide requested services or close.
Would you want a doctor who did not want to perform a procedure doing it against their better judgment working on you?
If your doctor says that you need an expensive or dangerous procedure, you get a second opinion. If a doctor offers to perform a procedure that you want, do you get a second opinion? Why not? If there are studies that show long term problems and studies that don't, shouldn't you see a doctor from each view?