Bush Pushes Through Rule Allowing Medical Providers To Decline Care Based On Moral Objections

Which would essentially allow things like pharmacists not filling prescriptions for birth control and doctors not performing abortions.

Reporting from Washington — The Bush administration announced its “conscience protection” rule for the healthcare industry Thursday, giving doctors, hospitals, and even receptionists and volunteers in medical experiments the right to refuse to participate in medical care they find morally objectionable.
“This rule protects the right of medical providers to care for their patients in accord with their conscience,” said outgoing Health and Human Services Secretary Mike Leavitt.
The right-to-refuse rule includes abortion and other aspects of healthcare where moral concerns could arise, Leavitt’s office said, such as birth control, emergency contraception, in vitro fertilization, stem cell research and assisted suicide.
The rule, to be published today in the Federal Register, takes effect the day before President Bush leaves office.

The left gets up in arms about this, but what is it if not empowering members of the health care industry with the freedom of choice?
Liberals go on and on about women having the right to choose to kill their unborn children, and while I think that’s a specious sort of argument (since when is it ok to choose to kill your baby, and why is a baby in the womb any different logically from a baby outside the womb?) it takes a special sort of hypocrite to say that a patient can choose but a health care provider cannot.
And then there are the questions of religious freedom. After over a century of Catholics providing health care in this country (the history of Catholic hospitals is a rich one), are we going to start say that Catholics can’t be doctors and follow their religious doctrine?
If we force doctors to provide care they don’t want to provide, how can we continue to call ourselves a free country?

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  • http://SayAnythingBlog.com The_Whistler_ofnd

    As I said your entire argument is a straw man.

    Abortions are performed in abortion clinics for the most part where the “doctors” are hired to perform abortions.

    You guys want to force people who find that morally repugnant to perform abortions at all providers.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    So your choice arguments are not so hot either.

    Not really, you can choose an action for yourself, but not force your choice on someone else, such as an unborn baby.

    It is not hard to understand.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    Do we want to try to find a pharmacy that doesn’t take medicare?

  • http://www.thedailyslant.com/ Hairy Polemic

    So really what I’m saying is, that if you take a closer look at this, you will see that rather than a win for the “conservative cause,” it is a win for government regulation of the workplace.

  • http://www.thedailyslant.com/ Hairy Polemic

    They said they were particularly worried that patients would not be given full and complete information about their medical options. For example, they said, an antiabortion doctor in a federally funded clinic might refuse to tell a pregnant patient that her fetus had a severe abnormality. Or an emergency room worker might withhold from rape victims information about emergency contraception.

    …so the Republican party finally provided me with the upside for Obama’s election. Let’s keep pushing the moral agenda, thin out our ranks a bit more.

    So you’re saying that a private pharmacist shouldn’t have choice?

    A private pharmacist already has the choice. This rule only affects institutions that accept Federal funds (like public hospitals).

  • http://sayanythingblog.com/entry/america_is_back/#c397018 DINO

    Let me give you the conservative answer, one that came up recently here in reference to the minimum wage:

    If they don’t like performing the job they were hired to do, let them find a new one. No one is forcing them to do that job.

    This rule will be overridden by state laws (in the normal states, not the conservative idiot south) as it has been already.

  • http://www.thedailyslant.com/ Hairy Polemic

    To answer your point if some Muslim or gay guy didn’t want to see me I don’t want them as a doctor

    So then you’re not going to give that hospital your patronage. But the hospital won’t be able to fire them for driving away patients. Then a few years later, we’ll add to the Bank and Auto Bailout with a Hospital Bailout.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    Just to dispute the stupid point that Dino made.

    If my electrician doesn’t want to do the job I want to hire him for he doesn’t have to do it.

    If he’s been a good worker in other ways his boss likely won’t fire him for it.

  • http://www.thedailyslant.com/ Hairy Polemic

    Oh. And now government is denying employers the choice to choose their employees based on certain criteria (like willingness to do the job). So your choice arguments are not so hot either.

  • http://www.thedailyslant.com/ Hairy Polemic

    States are already passing laws forcing pharmacies to offer drugs the companies morally object to. Wal-Mart has fallen prey to that in several states already.

    You seem to be arguing against Federalism here.

  • http://www.thedailyslant.com/ Hairy Polemic

    we want a good lawyer.

    lol. At government pay you’re stuck with hobbyists :P

  • http://SayAnythingBlog.com The_Whistler_ofnd

    Or doctors forcing their choice on their employers? How does that stack with your reasoning friend?

    Isn’t the world full of doctors that are in effect self-employed?

  • http://SayAnythingBlog.com The_Whistler_ofnd

    To answer your point if some Muslim or gay guy didn’t want to see me I don’t want them as a doctor.

  • http://www.thedailyslant.com/ Hairy Polemic

    Not really, you can choose an action for yourself, but not force your choice on someone else, such as an unborn baby.

    Or doctors forcing their choice on their employers? How does that stack with your reasoning friend?

  • http://SayAnythingBlog.com The_Whistler_ofnd

    You’re just using that employer thing as a straw man.

    The fact is the lefties wanted to pull doctor’s licenses if they didn’t perform abortions.

    That’s wrong and anyone with a brain knows it.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    It’s funny that the left believes in choice for themselves but not for people that disagree with them.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    we want a good lawyer.

  • http://sayanythingblog.com/entry/america_is_back/#c397018 DINO

    The choice was made when the person took the job. Not everyone is qualified for every job.

    You do realize that the BIll of Rights stops pretty much at the door of the workplace, right? That’s capitalism, not liberals.

    No doctors are forced to perform abortions. This rule was written for lower echelon employees.

  • http://sayanythingblog.com/entry/america_is_back/#c397018 DINO

    Not sure where I said I agreed with the auto bailout. I don’t. I just don’t think we need to reduce the pay of workers to $2.00/hour so they can survive.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    So.

  • http://www.thedailyslant.com/ Hairy Polemic

    Thanks for seriously considering what I said. I agree with you, I don’t think states should be legislating this stuff either.

    While I, as you know, have no moral qualms with abortion, I can definitely imagine what a doctor must feel like if he is forced to perform what he thinks is murder. We just need to be careful not to embrace government solutions to government created problems… it leads to bad things. It’s probably best to fight this on the state level if we don’t agree with it.

  • RebTex

    Great point, Hairy!
    And since Marcus Welby doesn’t work the rural hospitals & clinics anymore, we’re stuck with moslim,hindu,hindi,etc. doctors.
    In fact, a recent health fair given in my nearest town was put on by a group of doctors out of Dallas.
    They were cooking curry out back of the building for the doctors lunches.
    /NOT KIDDING

  • http://SayAnythingBlog.com The_Whistler_ofnd

    Don’t want to perform abortions ? Don’t take a job with an abortion clinic.

    I think that shows a bunch of stupidity. What you’re talking about here is the right of a doctor who delivers babies the right to NOT perform abortions.

  • di butler

    I think this law was more to protect Catholic hopitals and clinics. Last year, Catholic facilities treated 39 milliom people across the US. If they are forced to perform things that go against their religion, then they might close. We have a serious doctor/nurse shortage in this country that is growing exponetionally, do we really want these facilities gone? Who’s going to pick up the slack? As for the abortion thing, I go back to my standard arguement. If you go and hold someone’s hand while they have it done, and watch the whole proceeding, and are still o.k. with it, fine by me. I will be mighty shocked if you can handle it, so says a woman who has given birth twice, and miscarried twice. Theoretically it doesn’t seem too bad, but up close and personal is a whole ‘nuther ball ‘o wax.

  • Mongol

    Two points:
    1) Health care providers are BUSINESSES. They are not some majic ponies or unicorns that are to be guaranteed by the government. Healthcare is not a right, but a service purchased. It is not a government’s business, pun intended, to mandate what a business can or can not do. For the ostriches with the heads in the sand I recommend to look at the government’s “success” in mandating subprime loans, thru legislature and legal persecution of the financial institutions who were reluctant.
    2) Second point is the reply to DINO above who stated that the doctors “should do the job they were hired to do”. Doctors, outside abortion clinics, are not hired to MURDER. And no my dear fool, you cannot prove that fetus is not a human being and a child.

  • http://www.thedailyslant.com/ Hairy Polemic

    So.

    So? So guess who’s going to be paying me to defend the hospital/government against these suits.

    … you are. If you don’t mind, I don’t mind.

  • http://www.thedailyslant.com/ Hairy Polemic

    Also, please allow me to run a nightmare legal scenario by you:

    If you go by the Fundamental Interests branch of the Equal Protection theory, you see that government cannot discriminate against people with regards to their fundamental interests. The First Amendment says that people have a fundamental interest in expressing their beliefs.

    Well now that government has opened the door to protecting the interest of doctors who don’t believe in abortions, let’s see who else has a case to prove that government is favoring (protecting) one value over theirs:

    1. Muslim doctors opposed to treating Christians and women.
    2. Christian doctors opposed to treating Jews, Muslims and athiests.
    3. Athiests opposed to treating all of the above.
    4. Gay doctors opposed to treating straight people.
    5. Vice-vera.

    etc… They all now have decent cases.

    If you think that I’m making a slippery slope argument. Remind yourself of what you know about the ACLU and tell me that these lawsuits are unfathomable.

    Bush just created a lot of work for lawyers. I’ll have to thank him if ever I should see him.

  • http://bullwinkleblog.com/ Bullwinkle

    You do realize that the BIll of Rights stops pretty much at the door of the workplace, right?

    Isn’t it the Leftards who are saying that the Bill of Rights should apply to terrorists?

    Isn’t murdering people their job?

    Wouldn’t that mean that terrorists have waived their rights by doing their jobs?

    Right?

  • http://www.thedailyslant.com/ Hairy Polemic

    Rob,

    Here’s how it should be.

    Medicare care providers can decide whether or not they want to perform certain procedures, give out certain medications, etc.

    Medicare care employers (hospitals, etc.) are free to fire anyone based on their refusal to do a certain procedure, etc.

    But… but that was how it was before Bush passed this rule you’re all applauding! Medicare care providers could decide to refuse. Medicare care employers (not the government) were free and often did fire those medicare care providers for refusing.

    Now the rule says that providers can decide, but employers can’t fire. That’s like the opposite of your “how it should be.”

  • http://www.thedailyslant.com/ Hairy Polemic

    And hey, we all know that Bush has never had a problem expanding government in the name of compassionate conservatism. I just usually see people having problems with that (rather than applauding it) on this site.

  • http://www.thedailyslant.com/ Hairy Polemic

    What you’re talking about here is the right of a doctor who delivers babies the right to NOT perform abortions.

    No. What we’re talking about here is the right of an employer not to hire employees who refuse to perform a service that the employer offers. It’s a free market argument.

  • http://www.thedailyslant.com/ Hairy Polemic

    Isn’t the world full of doctors that are in effect self-employed?

    Yea. This rule doesn’t affect them. They always had and still have a choice as to what procedures they do and don’t perform.

  • deadrody

    What’s wrong with it ? It’s their fucking job, that’s what. Don’t want to perform abortions ? Don’t take a job with an abortion clinic. Don’t want to fill certain prescriptions ? Don’t become a pharmacist. It’s really quite simple.

    I thought this party was about individual responsibility. You know, like when you take a job as a pharmacist, your responsibility is to do the job, whether you agree with birth control or not.

  • welder4

    If I am not mistaken Doctors take an oath to defend life and to save it at all costs, is it not in step with that oath that the doctors have to right to say not perform an abortion or say to not want to kill an aging man or woman because it does conflict with the oath they have taken ?

  • http://sayanythingblog.com/entry/america_is_back/#c397018 DINO

    Then the pharmacist should find another line of work. Kind of a moot point since the republicans’ favorite store, Walmart, has destroyed the independent pharmacy.

    If the institution has policies against certain procedures and lets everyone know that, fine. But individual workers at places like Walgreens or medical places that peform procedures or treat all people should not be given a pass anywhere but to the unemployment line.

    Individual workers who refuse to treat certain people will only result in major lawsuits against the organization should the refusal result in damages. Lawsuits that the organization will lose. That’s why they would be stupid to even hire zealots who refuse to do their jobs.

  • http://www.thedailyslant.com/ Hairy Polemic

    As I said your entire argument is a straw man.

    Even were that the case, you can’t change the fact that we just expanded the government role in the workplace. If you think the abortion issue justifies that, more power to you. I’m gonna stick with my limited government ideals.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    you can’t change the fact that we just expanded the government role in the workplace.

    I actually regret that the government had to get involved. However you have pressure on them to act in one way use federal power to force people to violate their morals.

    Now you have the federal government having to make it explicit.

    The best thing would have to kept government out of this particular issue altogether.

    Let’s consider a different issue so we leave the hot topic of abortion. Let’s say we have a “married” lesbian couple that wants to be artificially inseminated. They go to a doctor that performs this for traditionally married couples.

    The doctor refuses. Frankly I think he should do what he thinks is right. Maybe his employer disagrees, but if he’s a good doctor they’ll probably tolerate his beliefs.

    Either way this is better suited in the market as the lesbians find a doctor in a different town. The doctor and perhaps his employer if he’s not an independent lose but they can probably deal with that.

    This is a better solution than the lesbians suing the doctor or clinic or the licensing board threatens to pull the doctors license.

  • http://sayanythingblog.com robport

    But… but that was how it was before Bush passed this rule you’re all applauding! Medicare care providers could decide to refuse. Medicare care employers (not the government) were free and often did fire those medicare care providers for refusing.

    But that’s not where things were heading.

    States are already passing laws forcing pharmacies to offer drugs the companies morally object to. Wal-Mart has fallen prey to that in several states already.

    I get the argument you’re making, but it wasn’t Bush who pushed the debate to this point. It’s people who not only think they’re entitled to kill off their unborn children, but think they’re entitled to force other people who find it repugnant to help them.

  • http://sayanythingblog.com robport

    Then the pharmacist should find another line of work.

    So you’re saying that a private pharmacist shouldn’t have choice?

    Is that really in keeping with the ideals of freedom, Dino?

  • http://sayanythingblog.com robport

    Here’s how it should be.

    Medicare care providers can decide whether or not they want to perform certain procedures, give out certain medications, etc.

    Medicare care employers (hospitals, etc.) are free to fire anyone based on their refusal to do a certain procedure, etc.

    Everyone gets a choice.

  • http://sayanythingblog.com robport

    You do realize that the BIll of Rights stops pretty much at the door of the workplace, right?

    Says the moron who thinks bailing out the automakers is the solution for an auto industry being killed by absurd labor contracts.

  • http://sayanythingblog.com robport

    You’re right. My reaction here was kind of knee-jerk.

    My problem is that I don’t think anyone should be deprived of choice. I don’t think pharmacists should be forced to give out medication they don’t like, and I don’t think pharmacies should have to employ pharmacists who won’t give out certain medications.

    If Wal-Mart doesn’t want to sell abortion pills it shouldn’t have to. If Cedars Sinai doesn’t want to employ a doctor who won’t do abortions it shouldn’t have to.

    But where we seem to be heading is a requirement that would stop these choices. And you’re right, it does appear as though Bush plan would prevent hospitals from firing people who refuse to do these things.

    And that’s not right either.

  • http://sayanythingblog.com robport

    If they don’t like performing the job they were hired to do, let them find a new one. No one is forcing them to do that job.

    I’m fine with a hospital firing a doctor that would do certain procedures. Everyone has a choice. Bush’s policy shouldn’t preclude hospitals from terminating doctors, etc. who won’t do a certain procedure.

    But what if it’s a Catholic hospital? Or a pharmacist that owns his/her own pharmacy?

  • http://sayanythingblog.com robport

    Do we want to try to find a pharmacy that doesn’t take medicare?

    Heck, why don’t we find a pharmacy that could stay in business while not catering to Medicare patients.

  • http://sayanythingblog.com robport

    A private pharmacist already has the choice. This rule only affects institutions that accept Federal funds (like public hospitals).

    Private pharmacists often take Medicare/Medicaid payments for prescriptions.

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