Category: Australia

Australian Medical Association Updates Advice to Doctors with Conscientious Objections

News Release

Australian Medical Association

The AMA has released its updated Position Statement on Conscientious Objection 2019 (replacing the Position Statement on Conscientious Objection 2013). The policy was reviewed as part of the AMA’s routine, five-year policy review cycle.

A conscientious objection occurs when a doctor, as a result of a conflict with his or her own personal beliefs or values, acknowledges that they cannot provide, or participate in, a legal, legitimate treatment or procedure that would be deemed medically appropriate in the circumstances under professional standards.

A conscientious objection is based on sincerely-held beliefs and moral concerns, not self-interest or discrimination.

AMA President, Dr Tony Bartone, said today that doctors are entitled to have their own personal beliefs and values, as are all members of the community.

“However, doctors have an ethical obligation to minimise disruption to patient care and must never use a conscientious objection to intentionally impede patients’ access to care,” Dr Bartone said.

The AMA advises that a doctor with a conscientious objection should:

  • inform the patient of their objection, preferably in advance or as soon as practicable;
  • inform the patient that they have the right to see another doctor and ensure the patient has sufficient information to enable them to exercise that right;
  • take whatever steps are necessary to ensure the patient’s access to care is not impeded;
  • continue to treat the patient with dignity and respect, even if the doctor objects to the treatment or procedure the patient is seeking;
  • continue to provide other care to the patient, if they wish;
  • refrain from expressing their own personal beliefs to the patient in a way that may cause them distress;
  • inform their employer, or prospective employer, of their conscientious objection, and discuss with their employer how they can practise in accordance with their beliefs without compromising patient care or placing a burden on their colleagues; and
  • always provide medically appropriate treatment in an emergency situation, even if that treatment conflicts with their personal beliefs and values. 

Changes since 2013

The tone and emphasis of the Position Statement has been amended. Rather than taking a prescriptive line, the Position Statement now takes a reflective approach where a doctor is asked to focus on what really should matter the most: the impact of their decisions on the patient in front of them.

A new statement has been included that an objecting doctor should be aware that certain treatments or procedures are time critical.

A new section on institutional conscientious objection has been included. It advises institutions that do not provide particular treatments or procedures due to institutional conscientious objection to inform the public of this so (potential) patients can seek care elsewhere. This section also advocates that a doctor working within such an institution should be allowed to refer a patient (already admitted) who seeks such a service to another doctor outside the facility.

The AMA Position Statement on Conscientious Objection 2019 is at https://ama.com.au/position-statement/conscientious-objection-2019

CONTACT:        John Flannery                     02 6270 5477 / 0419 494 761

                            Maria Hawthorne               02 6270 5478 / 0427 209 753

Euthanasia rollout challenges Vic doctors

Daily Mail

Australian Associated Press

Doctors will have to ensure Victoria’s complex voluntary assisted dying laws don’t prevent eligible candidates from accessing the scheme.

It’s one of several legal and ethical challenges doctors will face when the country’s first euthanasia laws come into affect in June, experts have said.

“Translating this complex law into appropriate clinical practice will be challenging,” lead author Professor Ben White and colleagues said in an article published in the Australian Medical Journal on Monday. . .[Full text]

Queenslanders asked if voluntary euthanasia should be allowed for under-18s

Brisbane Times

Felicity Caldwell

Queenslanders will be asked whether voluntary euthanasia should be available to people aged under 18.

The Health, Communities, Disability Services and Domestic and Family Violence Committee released an issues paper as part of its 12-month inquiry into aged and palliative care, end-of-life and voluntary assisted dying on Thursday.

People will be asked whether they think voluntary euthanasia should be allowed in Queensland, whether it should be limited to people aged 18 and over, and if doctors should be allowed to conscientiously object. . .[Full text]

Mobile euthanasia service to launch for terminally ill patients

Melbourne’s Alfred Hospital says it will deliver lethal drugs to patients across Victoria

AusDoc.PLUS

Euthanasia drugs will be delivered directly to patients using a mobile delivery service when Victoria’s voluntary assisted dying scheme starts later this year.

The Alfred Hospital in Melbourne, which has been given sole responsibility for importing, storing, preparing and dispensing the medications, says it will deliver the drugs to patients living in rural Victoria or who are too sick to travel to pick up the drugs themselves. . . [Full text]

Queensland demands practitioners facilitate abortion by referral

Sean Murphy*

The Termination of Pregnancy Act 2018 came into effect in Queensland, Australia, today.

The bill permits abortion up to 22 weeks gestation for any reason; no medical indications are required (Section 5).  Abortion after 22 weeks gestation may be performed for any reason that two practitioners find acceptable (Section6(1)a), including current and future “social circumstances” (6(2)b).

The bill requires disclosure of objections to abortion by a practitioner when asked by someone (not necessarily a patient) to perform or assist in the performance of an abortion on a woman, to make a decision about whether an abortion should be provided for a woman who is over 22 weeks pregnant (Section 6), or to advise about the performance of an abortion on a woman.

When a woman wants an abortion or advice about an abortion for herself, an objecting practitioner is required to refer or transfer the  care of the woman to someone or an agency willing to provide it (Section 3). 

Practitioners who object to abortion in principle and those who object in particular cases are often unwilling to facilitate the procedure by referral, transfers of care or other means because they believe that this makes them parties to or complicit in an immoral act.  Thus, the provision for conscientious objection in the bill actually suppresses the exercise of freedom of conscience by these practitioners.