Category: Law

CCWA Applauds HHS for Upholding Healthcare Providers’ Rights

NEWS RELEASE
15 July, 2008

Concerned Women for America

WASHINGTON – –  According to The New York Times, the Bush administration plans to propose regulations to comply with federal laws to protect patients and healthcare professionals from being forced to provide controversial drugs and procedures such as abortion.  The newspaper reports that the Department of Health and Human Services (HHS) has drafted regulations “to ensure that federal money does not ‘support morally coercive or discriminatory practices or policies in violation of federal law.'” Recipients of federal health programs (such as hospitals and clinics) would have to certify that they will not refuse to hire healthcare providers who object to abortion or abortifacients (drugs or devices that can cause an early abortion).  The regulation defines abortion as “any of the various procedures — including the prescription, dispensing and administration of any drug or the performance of any procedure or any other action — that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation.”

“For over 35 years, federal laws have protected the conscientious rights of healthcare professionals, but they were not fully implemented for lack of thorough regulations to enforce them,” stated Wendy Wright, President of Concerned Women for America (CWA).  “As more controversial drugs and procedures get introduced, and additional pressure is put on healthcare providers to either compromise their moral commitments or lose their jobs, the need has become greater for regulations to catch up with the law.”

“As patients, we rely on healthcare professionals to provide ethical advice and treatments. Patients will lose trust in the healthcare field if professionals are gagged from giving ethical and well-informed advice or forced to commit procedures or provide drugs that take an innocent life.  If healthcare professionals are denied the right to live out their moral beliefs, patients will suffer the consequences.”  Abortion proponents reportedly oppose the proposed regulations.  “Clearly, abortion advocates do not believe in the ‘right to choose’ if the choice is not to participate in abortion or provide drugs that can take the life of a human being.  The regulation applies to abortion, which is clearly defined as an action that terminates a human life before or after implantation.  When abortion advocates claim this regulation would discourage providing ‘contraception’ it reveals that their definition of ‘contraception’ includes drugs that would cause abortion.”

Contact: Natalie Bell, Concerned Women for America,   202-488-7000  ext. 126 Concerned Women for America is the nation’s largest public policy women’s organization.

CMA physicians call on HHS to protect patients with regulations upholding healthcare professionals’ rights

NEWS RELEASE
July 15, 2008
For Immediate Release

Christian Medical Association

Washington, D.C.–July 15, 2008– Responding to a story published this morning by the New York Times , physicians of the Christian Medical Association called  on Secretary of Health and Human Services Michael O. Leavitt to publish  regulations in accord with federal laws protecting patients and healthcare  professionals in decisions relating to controversial procedures and  prescriptions. The New York Times indicated that the Department has drafted regulations “to ensure that  federal money does not ‘support morally coercive or discriminatory practices or  policies in violation of federal law.'”

“It’s high time that the will of the people, as expressed over the past 35 years  through laws passed by Congress, finally be translated into practical healthcare  regulations,” noted Dr. David Stevens, CEO of the 13,000-member faith-based  professional organization of doctors, in a letter today to the Secretary. “Americans  on all sides of controversial issues such as abortion, reproductive technologies  and assisted suicide can appreciate the need to protect everyone’s First  Amendment rights of free speech and religious exercise. That means that  healthcare professionals must be free to follow their individual conscientious  convictions on these life-and-death matters. The CMA  letter also noted, “An informal survey of Christian Medical Association members  found that over 41 percent of respondents had been “pressured to compromise  Biblical or ethical convictions.”

Anecdotal accounts suggest that few persecuted  healthcare professionals actually know their conscience rights and that they  typically simply submit to pressure by resigning. Unless pro-life professionals  are equipped to know and apply their conscience rights, they actually stand at risk of being weeded out from the profession altogether .

Dr. Gene Rudd, Executive Vice President of the CMA, noted, “From the 1973 Church  Amendment to the more recent Hyde-Weldon Amendment, Congress has recognized the  importance of protecting patients and their healthcare professionals from  political pressures on these vital issues.”Patients are protected when physicians follow objective ethical codes, such as  those expressed in the Hippocratic Oath and the Judeo-Christian Scriptures. We  recognize that some individuals choose to refuse to follow these principles, and  under current law, that is their choice. “The regulations reportedly under consideration at Health and Human Services  apparently would simply protect the right for all healthcare professionals to  make professional judgments based on moral convictions and ethical standards.  Protecting this right also protects patients who choose their physicians based  on life-affirming values.”

Contact: Becky Gerber  Telephone: 888-231-2637    E-mail: becky.gerber@cmda.org The Christian Medical Association is equipped with Ku Band Digital Uplink  satellite and ISDN lines.

The Clash of Universalisms: Religious and Secular in Human Rights

The Hedgehog Review
Fall, 2007

Abdulaziz Sachedina, PhD.*

The major thrust of Islamic critique of the Declaration, however, is its secularism and its implied hostility to divergent philosophical or religious ideas. . . Perhaps the sore point in the secular human rights discourse, as far as Muslim theoreticians of rights language are concerned, is the total dismissal of anything religious as being an impediment to the modern development of human rights. . . .
Full Text

Alberta pharmacist vindicated for pro-Life stand

Calgary, Alberta, Canada

Mike Mastromatteo

A Calgary pharmacist has reached an agreement with her employer and the Alberta College of Pharmacists that will allow her to refrain from providing customers with prescriptions designed to terminate unborn human life.

Maria Bizecki of the Co-op Pharmacy in Calgary became the subject of an internal review by the Alberta College of Pharmacists last year after she refused to dispense the so-called “morning-after” pill and other products to which she is morally opposed.[Full text]

Louisiana Health Dept. Reverses Itself In “Morning-After” Pill Case

State Agrees To Provide Religious Accommodation For Nurse After Discrimination Complaint Filed With EEOC

News Release

American Center for Law and Justice

(New Orleans, LA) – The American Center for Law and Justice, an international public interest law firm committed to protecting life, announced today that the Louisiana Department of Health and Hospitals has reversed itself and has now agreed to stop discriminating against a public health nurse from New Orleans who was threatened with termination for refusing to dispense pregnancy-ending medication – a job requirement that violates her deeply held religious beliefs.

The move comes less than one week after the ACLJ filed formal complaints with the Equal Employment Opportunity Commission (EEOC) and the Louisiana Commission on Human Rights contending that Louisiana Dept. of Health and Hospitals is discriminating against the nurse because of her religious beliefs.

“We’re delighted that the religious beliefs of our client will now be accommodated in the workplace,” said Stuart J. Roth, Senior Counsel of the ACLJ, which is representing the nurse. “From the beginning, our client just wanted to do her job without violating her conscience and her religious beliefs. Unfortunately, it took formal action on our behalf and publicity about the case before the state agreed to do what it should have done all along – stop threatening and criticizing our client and permit her to work without violating her religious beliefs.

Last week, the ACLJ filed complaints with the EEOC and the Louisiana Commission on Human Rights on behalf of Cynthia Day of Marrero, Louisiana who is employed as a Public Health Nurse III with the Louisiana Department of Health and Hospitals, Office of Public Health at a clinic in New Orleans. The complaints contend that Day repeatedly told her supervisors that she could not dispense what is known as an emergency contraception pill, also known as a “morning-after” pill – medication designed to end pregnancies. Day says she holds a sincere religious belief that human life, beginning at fertilization, is sacred and cannot be harmed in any way.

But instead of accommodating her beliefs, the complaints contend that Day was criticized for her beliefs and threatened with being fired. In fact, as the complaints were being filed last week, Day received a disciplinary letter from her employer – a letter proposing a five-day suspension without pay for insubordination.

Then, within days of filing the complaints and following publicity about the case, Day received a letter from Madeline W. McAndrew, Assistant Secretary of the Dept. of Health and Hospitals. In the letter dated October 25th, McAndrew said the Health Department “is rescinding the proposed action and will accommodate your request based on religious and moral grounds.” McAndrew told Day that she instructed officials to “immediately remove you from any duties that require you to discuss or provide the emergency contraception pill.” At the same time, McAndrew stated that a listing of “reassignment opportunities” will be made available to Day “for future permanent duty assignments to accommodate your request …”

“We plan to withdraw the complaints filed with the EEOC and with the Louisiana Commission on Human Rights when our client receives the accommodation,” said Roth. “We will continue to work with our client to ensure that her religious beliefs are accommodated and monitor the ongoing employment status very closely to make sure she is not discriminated against in the workplace.”

“This is a very important victory in one of the fastest growing areas of pro-life litigation – protecting the conscience rights of health care workers,” said Roth.

The resolution of the Louisiana case comes on the heels of a major federal court decision in California. In May 2002, the ACLJ successfully convinced a jury that Riverside County violated the constitutional rights of a former nurse who was fired from her job for refusing to dispense “morning-after” medication. A federal court jury found that the county violated her First Amendment rights of free speech, freedom of religion, and failed to reasonably accommodate her religious beliefs. Damages in that case – including a jury award and attorney’s fees – totaled $100,000.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and protecting human life. The ACLJ is headquartered in Virginia Beach, Virginia, USA.