There are protections in the Health and Human Services (HHS) Regulations to prevent healthcare providers from being discriminated against for refusing to provide services with which they ethically or morally disagree. However, until recently, there were no “teeth” to these regulations - there were no enforcement guidelines or penalties. Near the end of his term, President Bush added these enforcement guidelines to the HHS Regulations. Within the past month, however, President Obama has ordered HHS not to enforce those guidelines, pending a review. In fact, these very protections may very well be removed under his administration. So, I ask, do we want to be treated by doctors and other healthcare professionals who violate their own consciences by performing procedures and treatments that they find ethically or morally reprehensible? Just as patients who desire Procedure X (which I find unethical) have the right to a doctor who will perform it, shouldn’t I have a right to a doctor who won’t?
Healthcare Right of Conscience
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The proponents of repealing these enforcement guidelines as well as the anti-discrimination regulations would say that if healthcare providers don’t provide all the services patients want, that will limit some patients’ access to care. In order to prevent doctors and other healthcare providers from being forced to perform procedures/provide services that they find unethical or immoral, these HHS regulations ought to be in place. For instance, (to use your example), if Board Certification in Obstetrics becomes contingent on a physician providing abortions, a number of OB/Gyn physicians will be faced with a choice to perform them or be forced out of practice. Also, if hospitals are required to perform any & all services, then Catholic hospitals (which make up almost 20% of the entire US hospital population) might either be sued, fined, lose any federal reimbursement by Medicare/Medicaid for care provided, or closed down due to their unwillingness to provide abortions or euthanasia. This would create a HUGE void in healthcare delivery for a large segment of the population.
I think an example of this would be doctors who are Pro Life would be required to perform abortions? As long as we are able to choose our doctors (which I hope forever), then this regulation doesn’t make sense. There are other places a person could go.