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Loading ...Obama to repeal Bush ‘provider conscience’ regulations
03.02.2009 11:22am EST
(Washington) The Obama administration is expected this week to begin the process of repealing so-called “provider conscience” regulations that could have been used to discriminate against gays, people with HIV/AIDS, and women seeking abortions.
The regulations, instituted in the last days of the Bush administration, strengthened job protections for doctors and nurses who refuse to provide a medical service over religious beliefs.Human rights groups say the regulations could impair LGBT patients’ access to care services if interpreted to permit providers to choose patients based upon sexual orientation, gender identity or family structure.
The regulations also threaten women’s access to comprehensive health care by permitting pharmacists to refuse to dispense contraception even when doing so significantly burdens the patient’s access, or to refuse to participate in an emergency abortion even when the woman’s health is at risk.
The regulations, which were rushed through days before Bush left office, override many state laws protecting patients’ access to medical services.
“These ill-conceived regulations sacrifice patients’ right to medical care,” said Human Rights Campaign President Joe Solmonese. ” A patient’s access to health care services should not depend on their sexual orientation or gender identity.”
The Bush administration rule was quickly challenged in federal court by several states and medical organizations. As a candidate, President Barack Obama criticized the regulation and campaign aides promised that if elected, he would review it.
Late last week the White House released a statement saying that Obama supports a “carefully crafted” conscience clause – not Bush’s version.
The administration early this week will publish notice of its intentions, opening a 30-day comment period for advocates on both sides, medical groups and the public.
I agree that every one is entitled to health care without regard to race,religious belief or anything else. However I also believe that Doctors nurses and medical personel should have some protection for thier religous beliefs too. It realy shouldn’t be all that hard. First of all color of skin or sexuality should have absolutly nothing to do with treatment in any way. I personaly do not agree with a gay life style (for me) but hey if my friend is gay thats ok. Im not catholic either but I have Catholic friends. and if we are talking Sin welll…. let the man/woman with out Sin cast the first stone so to speak( refuse treatment) opps no one out there who is perfect? oh well me either. Oh and if you dont know where that referance came from you have no business claiming a christian belief as justification for anything. Enough said treatment for all!! The only thing I would not be able to do is assist in an abortion. I could supoport a friend/ or patient if they chose to have one but I could never live with my self for acctualy assisting. Easly solution to this as well. Just dont make me do it. There are plenty of nurses and doctors that are more that willing to do this. Trust me I know. Make sure a few are staffed or on call. Now the hospital is protected, the Beliefs of the employee are protected and the patient is protected. Ok there may be e few kinks here and there but really it should not be this hard. I am not in the medical field this is Just my Opinion
@ Lucy–Dunno what state you’re in, but if you know anything about Florida, know that Jackson Memorial in Miami is facing a suit over denial of access by a woman’s wife. If you know anything about Jackson, you know it’s no Podunk Community charnel house. They denied care by actively and vocally denying a woman’s wife from access–it took a Catholic priest’s intercession!
Lucy, I don’t say this to be combative. I’m asking to learn something. As a nurse–who has the right to refuse participation in morally-objectionable procedures–if a woman came into your facility and she was pregnant from rape and/or incest, would you agree that the circumstances could morally allow for termination?
Never in my 22 years of nursing have I witnessed or heard of anyone having been denied medical care or being treated sub-standardly simply because of their sexual orientation. Most certainly, there have never been patients in my care that were “discriminated against…that put their life in danger”. And, yes, I have taken care of HIV/AIDS patients. My patients were treated with the utmost care and respect, no matter their lifestyle.
BUT, I do not deserve anyone looking down on me for my beliefs, either. Just because I choose not to participate in the killing of an unborn baby does not give anyone the right to force me to do so. There are plenty of medical personnel who are willing to kill for money. The abortion mills are full of them. A Catholic hospital is not the place for killing.
Unfortunately, there are bad people in all professions and the health care industry is no exception. Often I have told my family that a certain nurse or doctor should be flipping burgers and not treating patients! If they have no compassion, poor skills or just plain don’t care, then they should find another job. I am truly sorry if any of you have been treated less than optimally by someone in the medical field.
Honestly, I became a nurse to SAVE lives. Yours, the unborn – it doesn’t matter to me. All life is precious and we should love and accept each other in spite of our differences. Please respect me in the same way I do you.
I kind of have to agree with Jessica K. I wouldn’t want someone to be forced to give me crappy care. I’d rather them gracefully bow out, and have someone who actually wanted to save my life take over! Everyone is entitled to their own beliefs, but I also hope that their business reflects it. JayC joked about being a Christian Scientist who’d never dispense medication to anyone; I would imagine that pharmacy wouldn’t stay open very long, or, at the very least, he would not survive in that career very long. . .
Never, ever go to a doctor that has problems with who you are. It’s a recipe for disaster.
Having been jerked around by my old doctor when he moved to a “Family Practice” group and gave me sub-standard care when I needed it the most (Lyme Disease) I would run from all these types unless you need emergency care to get stabilized. Then go see someone who doesn’t hate who you are.
Interesting article. Hope it helps!
Research Opportunity Online: There is an online survey for HIV patients
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Interested – contact:webmaster@mediinsight.com
i am waiting with personel interest for obamas revisions concrning the “providers conscience” situation. o am afraid that legislation is not strong enough to force out the conscience of conservative catholics having been assaulted by one during a rectal exam ,lied to by a urologist,refused to clean my teeth by another. all catholic…all doctors? shame on them but thats not enough for this hiv man. choose your doctors wisely…do not wait for someone else to change the environment…get tough to stay safe…or take it to the courts…peace be with you
I want to be a Christian Science pharmacist. That way, I’d never have to dispense any medication at all to anybody.:-) This is SO fun to watch!
There are some professions people just shouldn’t be in if they cannot live with the obligations. Would it be acceptable for a Muslim doctor to refuse to treat a woman? Should members of sects that oppose modern medicine be allowed to practice as doctors even if they refuse to use approved medical standards?
U.S 5th Circuit, 600 Camp Street, New Orleans la.
————————–>
Case Number-0831160 <–this the one to pay attention to
TINA M. EMERSON
PETITIONER, RESPONDENT
V.
THE STATE OF LOUISIANA
ACTION: CIVIL DATED: February 03, 2009
BRIEF OR PETITION
TO THE U.S FIFTH CIRCUIT COURT OF APPEALS
1. FIFTH CIRCUIT NO. 08-31160
2. USDC 03-CV2675
PETITION FOR A WRIT OF CERTIORARI
———————————————-
Charges are: Perjury and Conspiracy in order to Convict
Yay! That is excellent news. I am so glad that discriminating against people that leads to putting their life in danger could soon be over with.
The right wing groups are already screaming in protest about it – see http://www.lifenews.com. You’ll get a kick out of their hysterical, inflammatory language and writing style.
A “carefully crafted” conscience clause? Hmmm…like one that may be WORSE than bush’s?!? If that is humanly possible.
Good. And I hope they get it right this time. People are entitled to their beliefs, but medical care–and emergency treatment most especially–should not be withheld based on prejudice cloaked under religion.