Category: Proposed Laws

New Jersey assisted suicide bill offers limited protection of conscience

 Assembly Bill 2270 (2014) Aid in Dying for the Terminally Ill Act

Some protection of conscience provisions are found in an assisted suicide bill introduced in the New Jersey legislature.  While at first glance the definition of “health care professional” appears to provide protection for nurses, licensed practical nurses and others, the protection is limited by the definition of “participating in this act” or “participation in this act” to physicians,  psychiatrists, psychologists and pharmacists.

Further, the definition of “participating in this act” or “participation in this act” excludes referral, so it would appear that the bill could be understood to require objectors to facilitate assisted suicide by referral.

Section 25 provides protection for health care facilities that will not allow assisted suicide on their premises for reasons of conscience or religion.

Protection of conscience provision in Massachusetts assisted suicide bill

House Bill 1998 (2013)

An Act affirming a terminally ill patient’s right to compassionate aid in dying

Protection of conscience provisions are included in a bill to
legalize assisted suicide in Massachusetts for residents who are at least 18
years old and diagnosed with a terminal illness with a life expectancy of six
months or less.  It is not clear from the text of the statute whether or
not an objector is exempt from all parts of the assisted suicide process [per
Section 4(b)ii], or only from the requirement to actually provide the lethal
medication [per Section 4(1)].  Similarly, it is not clear whether or not
an objector is required to refer or otherwise assist a patient to find someone
who will provide a lethal prescription; Section 4(b)iv appears to imply an
expectation of referral or assistance.

Protection of conscience bill to be proposed in Alabama

Representative Becky Nordgren of Alabama, is proposing a Health Care Right of Conscience Act in the state legislature.  The bill is intended to protect all health care providers from being compelled to participate, directly or indirectly, in abortion, human cloning, human embryonic stem cell research, and sterilization if they object to the procedures for reasons of conscience.  A health care provider must give an employer no less than 24 hours written notice of an objection.  An exception is made in the case of a procedure necessary to save the life of a patient.  Patricia Todd, a Representative apparently hostile to freedom of conscience for health care workers, asked “[W]hy are you in the health care profession if you don’t want to provide health care?” adding that there had been no attempts to regulate male impotence drugs or prostate exams. [Anniston Star]

Freedom of conscience continues to generate discussion in abortion debate

Provisions in a bill to legalize abortion that threaten draconian fines to force objecting physicians and counsellors to facilitate the procedure are getting special attention in the Tasmanian Legislative Council.  Some members of the Council may be willing to support the bill if the measures aimed at suppressing freedom of conscience are substantially changed.  [The Advocate]

 

Some Tasmanian legislators concerned about freedom of conscience

Some Tasmanian legislators concerned about freedom of conscienceA bill to legalize abortion is before the Tasmanian Legislative Council.  It proposes severe penalties on physicians and counsellors who are unwilling to facilitate the procedure by referral.  The Tasmanian chapter of the Australian Medical Association is opposed to the provision, and the state regulator, in supporting it,  misrepresented the physicians’ ethical obligations.  MLC Paul Harriss, though generally supportive of the bill, has described its treatment of conscientious objection as “heavy handed.”  Another MLC, Tony Mulder, also appears to have some concerns regarding conscientious objection. [The Examiner]