Controversial Regulation By HHS Gives Abortion Protection To Doctors

The Bush administration to protect healthcare professionals who do not want to be involved with abortions, released a controversial regulation. The proposed rule would make it easier for health care professionals to refuse to take part simply by citing either moral or religious reasons. The proposed regulation could cancel federal funding from employers or institutions that terminate the services of a doctor, nurse, pharmacist or other health professional that refuses to provide abortion care or information.

Health and Human Services Secretary Mike Leavitt, in a conference call with reporters said, "This is about protecting the right of a physician to practice medicine according to his or her moral compass. The basic idea is that people should not be forced to say or to do things they believe are morally wrong. In particular, health care professionals should not be forced to provide services that violate their own conscience. There is nothing in this rule that would in any way change a patient's right to a legal procedure."

Although there already are federal laws to protect medical professionals, the new regulation would prop up those laws further and also require doctors and hospitals that take federal funding to certify that their employees can opt out of offering the abortion pill RU-486 and emergency contraception. Leavitt said the new rule will make it easier for health care professionals to file a complaint if they face retaliation. "Freedom of expression and action are unfit barter for admission to medical employment or training," Leavitt said.

The new regulation has however not defined some types of contraception as abortion after a protest was raised by family planning groups that birth control pills and the intrauterine device or IUD were also being defined as abortion. The Planned Parenthood Federation of America felt the regulation was deliberately vague could expand what constitutes a moral objection to providing treatment.

"At least they wrote a definition of abortion," said Roger Evans, director of litigation at the group. He further added, "It will have the same net effect, which is to set the stage for women being denied access to healthcare, women being denied information ... and women even being denied referrals." Evans said his group would lobby during the three day comment period before it takes effect to get the HHS to change the rule.

"By leaving the term 'abortion' undefined, the regulations create all sort of space for ideology and political views to insinuate themselves into medical practices, emergency rooms and clinics all across the country. And when that happens, women will suffer," Evans said.

New York Democratic Sen. Hillary Clinton said she would also fight the regulation and added, "This is just one more example of the Bush Administration putting ideology ahead of science and women's health."

The new rule met praise by groups who say medical professionals who do oppose abortion have little protection to follow their moral beliefs. Deirdre McQuade, with the U.S. Conference of Catholic Bishops, said, "In a field where we're already losing a disproportionate number of doctors, this would enable them not only to stay, but also maybe to recruit more doctors who are highly qualified and can provide quality care to their patients."

With the end of the administration five months away, the Bush administration is under time pressure to get the rules finalized.