Category: News Releases

Ontario College of Physicians policy challenged

Forcing physicians out of Covid fight not in public interest

News Release

For immediate release

Protection of Conscience Project

Ontario College of Physicians policy challenged

Powell River, B.C. (28 April, 2021) The 2019 decision of the Ontario Court of Appeal supporting the College of Physicians and Surgeons of Ontario was not the last word on the subject of physician freedom of conscience.

That message was delivered to the College by the Protection of Conscience Project in a submission responding to the College’s request for public feedback on its policy, Professional Obligations and Human Rights (POHR).

The submission includes a cautionary note about the potential implications of human rights law for practitioners providing euthanasia and assisted suicide. However, the primary focus is on the College demand that physicians unwilling to provide a service or procedure for reasons of conscience provide an “effective referral”: that is, connect the patient directly with someone willing to do what they consider immoral/unethical.

Practitioners who object to providing a service typically provide information and work cooperatively with patients and others in relation to patient access to services. While willing to respectfully cooperate, they are unwilling to collaborate by doing something that makes them a party to what they consider wrongful and/or harmful. The distinctions between providing information vs. providing a service and between cooperation vs. collaboration enable an approach that accommodates both patients and practitioners, argues the Project.

However, the College is clearly confused about such critical distinctions. Citing College policy and reasoning, the submission states, “the College’s assertion that effective referral for euthanasia/assisted suicide does not ‘signal’ endorsement or support for the procedures [Advice:MAiD] is either disingenuous or the product of badly muddled wishful thinking.”

“The College does not even correctly apply its own definition of effective referral in its companion policy document,” observes Sean Murphy, Administrator of the Project.

According to the College, physicians unwilling to comply with its effective referral policy should restrict their practices to specialties like hair restoration.[1] This would force all objecting physicians out of general practice.

“To put it in a currently relevant perspective,” says Murphy, “the College would have them terminate all Covid 19 pandemic activities and take up podiatry or aviation medicine. This is hardly consistent with ensuring access to health care or protecting the public interest.”

The Project recommends that the College adopt a single protection of conscience policy in line with “the basic theory” of the Canadian Charter of Rights affirmed by the Supreme Court of Canada and consistent with rational moral pluralism. The submission includes a such general policy, drawing on policy documents from the Canadian Medical Association, Canadian Nurses’ Association, Catholic Health Association of Canada and the Canadian Medical Protective Association.

The Protection of Conscience Project has also made a submission about College’s policy on euthanasia and assisted suicide, Medical Assistance in Dying. Public consultations on Professional Obligations and Human Rights [Consultation Page] and Medical Assistance in Dying [Consultation Page] are open until 14 May, 2021.

Notes

  1. Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393 (CanLII) at para 184.

Contact: Sean Murphy,
Administrator, Protection of Conscience Project
protection@consciencelaws.org

Dying with Dignity Bill represents a failure of compassion

Mandatory referral “unacceptable”

News Release

Irish Catholic Bishops’ Conference

The following statement has been agreed by the Spring General Meeting of the Irish Catholic Bishops’ Conference which took place this week. 

Statement

In January 2021, the Council for Life of the Catholic Bishops’ Conference made a submission to the Oireachtas Committee on Health, regarding the Dying with Dignity Bill. Alongside the protection of human life, our concern is to offer our pastoral support to people living with terminal illness and to their families. We are very aware that, sadly, all across Ireland, many families are engaged day by day in accompanying loved ones through terminal illness.

The Bill currently before the Oireachtas wrongly proposes the deliberate ending of life as a way of conferring dignity on people with terminal illness. The opposite is the case. Human dignity belongs to every person by virtue of his or her human nature. Terminal illness does not take away that dignity. Indeed, in our experience, the inherent dignity of the person often shines through under those difficult circumstances. Under existing law and current best practice, people with terminal illness are supported by family members, by doctors and nurses and palliative care teams, in living life to the full until death comes naturally. We take this opportunity to thank the many healthcare professionals who so generously devote their lives to the care of people with terminal illness.

What this Bill proposes may be appropriately described as “Assisted Suicide”, because it involves one person taking his or her own life, with the active participation of another. We believe that every life has an inherent value, which should be endorsed by society. This Bill, if passed, would be a sad reflection of the unwillingness of society to accompany people with terminal illness. It would reflect a failure of compassion.

The Dying with Dignity Bill presents the deliberate ending of life as an expression of personal autonomy, but what is proposed in this Bill has implications for society as a whole. Once it is accepted in principle, that one person may participate actively in ending the life of another, there is no longer any logical basis for refusing this same option to any person who feels that life is no longer worth living. We are aware that, in countries where it is legally permitted for healthcare professionals to be directly involved in the taking of human life, it has very quickly been extended to include people who are not terminally ill (the elderly, people with intellectual disability, young adults on the autistic spectrum and even minors who, in other circumstances, would not be considered capable of giving legal consent).

The Bill anticipates that doctors and nurses, whose vocation and purpose is to serve life, will now be prepared to involve themselves in ending life. This would represent a radical transformation of the meaning of healthcare. While the Bill does, theoretically, provide for conscientious objection, it still requires healthcare professionals to refer their patients to other medical practitioners who will carry out their wishes. This means that, one way or another, healthcare professionals are required to involve themselves in something which they believe to be contrary to morality and to medical best practice. This, in our view is unacceptable.

As we mark the anniversary of the arrival of Covid-19 in Ireland, and consider the enormous efforts that have been made across every sector of society to protect the life and health of people who are most vulnerable, this Bill is in clear contradiction with the shared commitment of our society. It is at odds with the common good, which it is the function of the state to promote. This Bill is fundamentally flawed. It cannot be repaired or improved and we call on Catholics to ask their elected representatives to reject it entirely.

ENDS         

For media contact: Catholic Communications Office Maynooth: Martin Long +353 (0) 86 172 7678 and Brenda Drumm +353 (0) 87 310 4444.

Registered health practitioners and students: What you need to know about the COVID-19 vaccine rollout

News Release

Australian Health Practitioners Regulation Agency (Ahpra) and National Boards

The National Boards and Ahpra have published a joint statement today to help registered health practitioners and students understand what’s expected of them in giving, receiving and advising on and sharing information about COVID-19 vaccines.

Key points

  • A joint position statement was published today about National Boards’ expectations of registered health practitioners and students in relation to COVID-19 vaccines.
  • Registered health practitioners have led the remarkable public health response to the COVID-19 pandemic in Australia, and we commend them for this sustained public health response.
  • As the national vaccination program gets underway, registered health practitioners and students remain critical to this success by:
    • being vaccinated against COVID-19 unless medically contraindicated
    • being appropriately qualified and trained to administer COVID-19 vaccines if authorised, and
    • providing accurate information and advice about COVID-19 vaccination including in social media and advertising.

The National Boards and Ahpra have published a joint statement today to help registered health practitioners and students understand what’s expected of them in giving, receiving and advising on and sharing information about COVID-19 vaccines.

Co-chair of the Forum of NRAS Chairs and Pharmacy Board Chair, Mr Brett Simmonds, said all registered practitioners have a key role to play by ensuring they provide accurate, evidence-based information to patients about COVID-19 vaccines.

‘National Boards support the vaccine program and encourage all registered health practitioners to get vaccinated unless medically contraindicated.

‘The codes of conduct for each of the registered health professions explain the public health obligations of registered health practitioners, including participating in efforts to promote the health of the community and meeting obligations on disease prevention,’ Mr Simmonds said.

‘There is no place for anti-vaccination messages in professional health practice, and any promotion of anti-vaccination claims including on social media, and advertising may be subject to regulatory action.’

Ahpra CEO, Mr Martin Fletcher, said it’s important that as part of the national response to the pandemic, Australia’s 800,000 registered practitioners and 193,800 students are aware of what is expected of them.

‘If you’re a registered health practitioner or student, the best thing to do is to read our joint statement. It explains the National Boards’ expectations of registered health practitioners about receiving, administering and sharing information about COVID-19 vaccines. It’s important you understand these expectations so that patients and communities are best protected against the novel coronavirus that causes COVID-19.’

The National Boards and Ahpra also acknowledge the exceptional leadership role played by many health practitioners in the public health response to COVID-19.

‘We thank Australia’s hardworking public health leaders who have provided remarkable leadership to protect the Australian community and continue to be key to our national COVID-19 defence,’ Mr Fletcher said.

As part of the national vaccine rollout program, practitioners authorised to administer COVID-19 vaccines must complete specific COVID-19 vaccine training, as required by Australian, and State and Territory Governments. Training in the handling and administration of COVID-19 vaccines protects the public by supporting the vaccination program to be rolled out safely.

All practitioners, including students on placement, must comply with local employer, health service or health department policies, procedures and guidelines on COVID-19 vaccinations.

Concerns about the conduct or practice of a health practitioner can be reported on the Ahpra concerns submission portal. National Boards will consider whether the practitioner has breached their professional obligations and will treat these matters seriously.

For media queries, please call (03) 8708 9200.

More information

Read the joint statement 

Joint Statement on Vaccines and Conscience Protection

News Release

Catholic Medical Association

Philadelphia, PA- March 2, 2021- It has been over a year since the first diagnosis of COVID-19 in the United States. Due to this pandemic’s effects, our society has experienced limitations in personal freedoms to a level we have never known. Social interactions and work environments have been changed by social distancing, masks, hospital and nursing home visitation restrictions and working from home. Freedom of movement about our communities and the nation has been limited by “stay-at-home orders” and mass travel restrictions. The availability of vaccines provides a sliver of hope but also raises many questions. Issues our society must address include prioritizing equitable vaccine distribution and the potential for coercive mandates on vaccine use

Government agencies and other organizations are responsible for developing strategies for efficient and equitable distribution of vaccines.

The highest priority is the vaccination of those at greatest medical risk and those directly involved in the care of the sick.  Once this has been accomplished, distribution can be directed toward those at lesser risk of serious disease.  Attention should also be given to making vaccines available to smaller independent hospitals and clinics serving in underserved and rural areas where the vaccines to date have been less available.  

Governing authorities must respect an individual’s right to accept or decline a vaccine.

There is no justifiable moral obligation to accept vaccination.  If a vaccine has been developed, tested, or produced with technology that an individual deems morally unacceptable, such as the use of abortion-derived fetal cell lines, vaccine refusal is morally acceptable. An individual’s decision to be vaccinated will also depend upon their personal assessment of the medical risks, a choice that should be respected. The decision not to be vaccinated must be accompanied by a commitment to take necessary precautions to lessen disease transmission.

Finally, the protection of First Amendment rights is imperative.

It is fundamental that the right of individual conscience be preserved. Coerced vaccination would irreparably harm Constitutional rights and the patient-physician relationship. Conscience is an individual belief influenced by many factors such as faith, culture, family, and reason. Each individual makes a conscientious decision in any given situation. Respect for conscience rights is always of primary importance.

The Covid-19 pandemic has challenged our nation for over a year. It has brought to light new challenges regarding disease management as well as threats to individual liberties. While the logistical challenges alone are significant, we must not ignore the ethical concerns regarding vaccine manufacturing, distribution and administration. While the pandemic remains a significant public health crisis, the individual rights of American citizens also remains of paramount importance. The guarantee of “life, liberty, and the pursuit of happiness” includes the right to make individual health care decisions while  taking into account our responsibility for the common good.

The organizations supporting this statement can be contacted through their websites:

American College of Pediatricians – acpeds.org

Catholic Medical Associations – cathmed.org

Christian Medical and Dental Association – cmda.org

National Association of Catholic Nurses, U.S.A. – nacn-usa.org

Protection of Conscience Project supports Ontario Medical Association appeal

News Release

Protection of Conscience Project

The Protection of Conscience Project has written to the Canadian Senate’s Standing Committee on Legal and Constitutional Affairs in support the Ontario Medical Association (OMA), a professional association representing over 31,000 practising Ontario physicians. The OMA has asked the committee to add a protection of conscience amendment to Bill C-7, a euthanasia/assisted suicide bill now before the Canadian Senate.

The current and previous Liberal governments have repeatedly rejected efforts to include such protection for health care practitioners in relation to what the law calls medical assistance in dying (MAiD). A favoured (and correct) response from the government and its supporters is that protection of conscience legislation falls within provincial jurisdiction, so it is not possible to include it in the Criminal Code.

However, that is not the end of the matter.

“Bill C-7 is an exercise of the federal government’s absolute constitutional jurisdiction in criminal law because medical assistance in dying is (non-culpable) homicide and assisted suicide,” wrote the Project Administrator.

“Within that context, Bill C-7 can be amended to protect freedom of conscience without intruding upon provincial jurisdiction. Just as female genital mutilation has been made a crime, Bill C-7 can be amended to make it a criminal offence to force people to become parties to homicide and suicide.”

With the letter was the Project’s submission on this point to a House of Commons standing committee in the fall of 2020.

Contact: Sean Murphy, Administrator
Protection of Conscience Project
email: protection@consciencelaws.org