Providers with moral objections can refuse to give care

A last-minute Bush administration declaration lets doctors, clinics, receptionists and others refuse to give care they find morally objectionable.  On Dec. 18 outgoing Health and Human Services Secretary Mike Leavitt announced its "conscience protection" rule for the healthcare industry, giving doctors, hospitals, and even receptionists and volunteers in medical experiments the right to refuse to participate.

"This rule protects the right of medical providers to care for their patients in accord with their conscience," Leavitt said. The right-to-refuse rule includes abortion and other aspects of healthcare where moral concerns could arise, such as birth control, emergency contraception, in vitro fertilization, stem cell research and assisted suicide.

The rule will take effect the day before President Bush leaves office and sets the stage for conflict in Barack Obama's incoming administration. Obama has criticized the proposed rule proposal, saying he was "committed to ensuring that the health and reproductive rights of women are protected."

The rule says providers -- including hospitals, clinics, universities, pharmacies and doctor's offices -- can be charged with discrimination if an employee is pressured to participate in care that is "contrary to their religious beliefs or moral convictions." Violators would lose their federal funds. Critics of the rule say it is too broad and threatens the rights of patients.

Critics also cited the timing of the change. "We are shocked that the Bush administration chose to finalize its midnight regulation and to take this parting shot at women's health and ignore patients' rights to receive critical healthcare services and information they deserve," said Cecile Richards, president of the Planned Parenthood Federation of America.

A spokesman said Obama "will review all 11th-hour regulations and will address them once he is president." The incoming administration could revise the rule after taking office Jan. 20, but the process is likely to take months. A speedier option would be a congressional resolution rejecting the Bush administration's last-minute rules.

The U.S. Conference of Catholic Bishops, the Christian Medical Association and Americans United for Life praised the new rules. Click here for more on this story.