Legislative Committee Matters

Link to Articles

Healthcare Rights of Conscience (ROC)

Explore the meaning of conscience and the ethical and legal right to exercise ROC as a healthcare provider

Familiarize yourself with various healthcare professional standards for exercising and protecting ROC

Letter from Committee

Dear Members of the American Academy of Healthcare Professionals:

The Legislative Committee (LC) of the AAFCP is happy to serve you with resources that will keep you abreast of the critical issues surrounding healthcare Rights of Conscience (ROC).

We have gathered a robust list of articles to pique your interest and to help you parse the questions and concerns that are at stake in exercising your rights of conscience as a FCS / NaPro healthcare provider in the 21st century. They will also aide you in defending yourself in a time of our national history when, sadly, we are witnessing the restriction, rather than the acknowledgment, of healthcare rights of conscience. Diversity and autonomy have their place, but a provider's, or a healthcare institution’s, right to conscientiously object to certain procedures, referrals or prescriptions is equally, if not more, important.

Let’s be real. Without this right, many healthcare providers like you could be forced to abandon your profession, and many candidates for healthcare provision could fail to embark on their respective training programs. Moreover, the rights of your patients /clients to access providers who are true to their religious and moral convictions will be severely threatened. We all know that there is a shortage of healthcare professionals; imagine the access problem and the lack of trust in our healthcare personnel if we lose providers who conscientiously act upon strong moral convictions!

So our motto must be: 'To be forewarned is to be forearmed.' Understanding what it means (1) to form a good conscience and (2) to exercise an informed conscience in healthcare today must be our first priority. The listed articles will provide just such understanding.
And remember to check out the icons below. They link you to pro-life, pro-religious liberty organizations’ websites and their key representatives who may be able to provide legal assistance in all things having to do with healthcare ROC protection.

The members only portal, with its resources to help in this quest, is a MUST STOP for all your healthcare ROC questions and issues. And get this: It provides an intra-member discussion tool that will allow all of us to learn, to grow together and to support one another in respect to the critical issue of protecting your right of conscientious objection to immoral healthcare services! It also outlines further education, protection and action resources on behalf of your healthcare ROC.

If you have any questions or concerns, feel free to contact me, and I will be happy to assist you.

Sincerely,
Sister Renée Mirkes, OSF, PhD
Chair, Legislative Committee

I. Get to know the Federal and State laws that could protect your healthcare Rights of Conscience (ROC)

   
  Protection of Health Care Providers’ Rights of Conscience in American Law: Present, Past, and Future (Lynn D. Wardle)
  Full article
 
  Contraceptive Mandates and the Avoidance of Culpable Negligence (Marie T. Hilliard)
  Summary provided by Meg Yates
  Full article
 
  Bioethics and Public Policy Report for September (NCBC)
  Full article
 
  US Bishops: Pregnancy Isn’t a Disease (Sept. 20, 2010, Zenit)
  Summary provided by Meg Yates
  Full article
 
  The “Emergency Contraceptive Education Act”: Governmental Dissemination of Abortion Industry Propaganda (Mailee Smith)
  Full article
 
  Idaho Acts to Protect Conscience (Denise Burke)
  Full article
 
  Legal Analysis of the Provisions of the Patient Protection and Affordable Care Act and Corresponding Executive Order Regarding Abortion Funding and Conscience Protection (USCCB, Office of the General Counsel)
  Summary provided by Dr. Paul Carpentier
  Full article
 
  A Missed Opportunity Leads to More Battles over Federal Funding for Abortions (AUL)
  Full article
 
  Department of Health and Human Services (45 CFR Part 88): Ensuring that Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law; Final Rule
  Full article
 
  Legal Briefing: Conscience Clauses and Conscientious Refusal (Thaddeus Mason Pope)
  Summary provided by Linda Mackenzie
  Full article
   
  The Right to Conscience and the First Amendment (Richard S. Myers)
  Summary provided by Becky Behrens
  Full article
   
  Conscience and the New Healthcare Law (Jonathan Imbody)
  (Summary included within the article)
  Full article
   
  Law and Public Policy to Protect Health-Care Rights of Conscience (Nikolas T. Nikas)
  Summary provided by Meg Yates
  Full article
   
II. Explore the meaning of conscience and the ethical and legal right to exercise ROC as a healthcare provider
 
  Primer on Protecting Healthcare Freedom of Conscience (Denise M. Burke)
  Full article
   
  Conscience and clinical practice: medical ethics in the face of moral controversy (Farr A. Curlin)
  Summary provided by Angie Thomas
  Full article
   
  What is conscience and why is respect for it so important? (Daniel P. Sulmasy)
  Summary provided by Dr. E. Tham
  Full article
   
  Is conscientious objection incompatible with a physician’s professional obligations? (Mark R. Wicclair)
  Summary provided by Dr. P. Carpentier
  Full article
   
  Conscientious refusal by physicians and pharmacists: who is obligated to do what, and why? (Dan W. Brock)
  Summary provided by Dr. E. Tham
  Full article
   
  Conscience in the practice of the health professions (Farr Curlin)
  Full article
   
  Religion, Conscience, and Controversial Clinical Practices (Farr Curlin)
  Summary provided by Dr. P. Boyle
  Full article
   
  Real-life examples of discrimination in healthcare (Christian Medical Assoc)
  Summary provided by Diane Hale
  Full article
   
  Conscience and the ends of medicine (John Hardt)
  Summary provided by Diane Hale and Linda Mackenzie
  Full article
   
  A quote from www.consciencelaws.org (Hippocratic Registry)
  Full article
 
  The conscience debate: resources for rapprochement from the problem’s perceived source (John J. Hardt)
  Summary provided by Sister Renée Mirkes
  Full article
 
  Why science cannot stand alone (Jean Bethke Elshtain)
  Summary provided by Sister Renée Mirkes
  Full article
   
III. Familiarize yourself with various healthcare professional standards for exercising and protecting ROC
   
  Physician Conscience Rights (American Association of Pro-Life Obstetricians and Gynecologists)
  Summary provided by Angie Thomas
  Full article
   
  Physician Refusal to Provide Information or Treatment on the Basis of Claims of Conscience (Pediatrics)
  Full article