The Voice of Young Voters

Bush "right of conscience" policy to be overturned

The Obama administration intends to repeal a last-minute Bush law that protects medical providers who refuse to give services that conflict with their morals.

Known as the “right of conscience” rule, the policy went into effect just days before President Obama took office on Jan. 20; it has received wide support from pro-life groups and strong criticism from reproductive and women’s rights organizations, according to Scientific American.

Under the regulation, healthcare facilities would be barred from federal funding if they do not allow workers to opt out of procedures with which they disagree.

At the heart of the controversy is abortion as well as birth control and infertility treatment.

Michael Leavitt, health and human services secretary in the administration of George W. Bush, told reporters: “People should not be forced to say or do things they believe is morally wrong. In particular, healthcare providers should not be forced to provide services … against their consciences.”

Opponents claim that the vague language of the policy could block patients from getting access to basic healthcare.

On NPR’s “All Things Considered,” Rep. Diana DeGette, D-Colo., said the rule is "so broad that even the cashier at Walgreens could refuse to provide medication for somebody if the cashier decided they have a religious objection."

Laws protecting the religious rights of medical providers have been in effect for decades, but the Bush mandate seeks to enforce and expand the protection to cover a wider range of professionals. In addition, workers would not be required to give referrals, information or advice concerning services that they find objectionable.

Jon O'Brien, president of Catholics for Choice, argued that the measure could upset the balance between providers’ rights and patients’ access to care.

"Today’s regulation significantly expands the concept of refusal clauses beyond protecting the religious and moral beliefs of healthcare providers," he said in a statement. "It will be the poor and powerless who will be most affected by this draconian measure."

Pro-life medical associations are striving to defend the rule, saying it is necessary to shield the religious liberties -- and jobs -- of workers in the medical field. “The regulation is important, because we increasingly are seeing discrimination against healthcare personnel who hold religious beliefs having to do with abortion and contraception," David Stevens, chief executive of the Christian Medical & Dental Associations, told The Washington Post. "Unless these conscience rights are protected, people are going to be driven out of healthcare.”

The debate over conscience and healthcare is not new; however, the Obama administration has implied that it will attempt to find some middle ground on the issue.

While the Department of Health and Human Services is currently working to overturn the Bush policy, according to NPR, it has also opened a 30-day period for discussion. Based on the public's response, the controversial law will either be rescinded or rewritten.
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© 2009 United Press International, Inc. All Rights Reserved.

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