“Choose, You Lose” Scheme Threatens All Ethical Professionals

Jonathon Imbody

The increasingly aggressive discrimination in recent years against religious and pro-life healthcare professionals and students[1] parallels a concentrated effort by abortion proponents to undermine the rationale for conscience protections in healthcare. Desperate abortion advocates apparently have concluded that the way to counter the medical community’s resistance to abortion is through coercion.

Coercion appeals to some activists because coercion is much quicker than persuasion in effecting change. If abortion activists can eliminate conscience protections, then health professionals can be forced to participate in abortion or else sacrifice their careers. .

American principles protect conscience even at a price

Affordable Care Act architect Dr. Ezekiel Emanuel and University of Pennsylvania professor Ronit Stahl lay the foundation for getting rid of healthcare conscience protections, in a New England Journal of Medicine opinion piece entitled, “Physicians, Not Conscripts — Conscientious Objection in Health Care.”[2]

Their message is simple: Choice is a one-way street. Patients get to choose; doctors don’t—at least not after they enter the medical profession.

Emanuel and Stahl attempt to establish this radical principle by postulating a sharp distinction between conscience accommodations for military draftees and conscience accommodations for physicians.

Emanuel and Stahl write,

Although this [conscience healthcare protection] legislation ostensibly mimics that of military conscientious objection, it diverges considerably. Viewing conscientious objection in health care as analogous to conscientious objection to war mistakes choice for conscription, misconstrues the role of personal values in professional contexts, substitutes cost-free choices for penalized decisions, and cedes professional ethics to political decisions.”[3]

In the United States, a pacifist opposed to the military draft can receive a conscientious exemption from combat duty, even during a time of war when every other able-bodied citizen his age is expected to fight to defend the national interest. The cost to the country is high if counted in terms of fewer soldiers available for active duty.

Yet the authors would countenance no such rights, no such accommodation of cost, to a pro-life physician who cannot on the basis of conscience end the life of a developing baby in an elective abortion. While permitting the pacifist draftee a conscientious objection to killing, the authors contend, government must deny the same objection by a health professional.

Why? According to Emmanuel and Stahl, the reason is that physicians choose their professions, whereas draftees do not choose to join the military. . .[Full text]

What you need to know and do about the new HHS transgender mandate

CMDA – The Point

Jonathon Imbody

What do healthcare professionals and health institutions need to know about and how can they defend themselves from the Obama administration’s newly enacted transgender mandate?

What happened when?
The transgender mandate, promulgated by the U.S. Department of Health and Human Services (HHS) under the assumed authority of the Affordable Care Act (Obamacare), went into effect July 18, 2016. A new website explains what the mandate requires, why it violates the law and what conscientious objectors can do to protect their rights.

Whom does the rule target?
HHS recently mandated that healthcare professionals must perform gender transition procedures on any child referred by a mental health professional, even if the physician believes the treatment or hormone therapy could harm the child.

Healthcare professionals who follow the Hippocratic Oath to act in the best interest of their patient instead of this new mandate can face severe consequences, including losing their jobs. The transgender mandate also requires virtually all private insurance companies and many employers to cover gender transition procedures or face stiff penalties and legal action. . . [Full text]

Now Secretary of Health and Human Services Kathleen Sebelius is not radical enough to work at Rite Aid

 

Freedom2Care.org

Jonathan Imbody*

Tolerance. Diversity. Broad-mindedness. Those are the words.

Bullying. Discriminating. Compelling. Those are the deeds.

The contradictory words and deeds often come from one and the same individuals–and in a case I learned about today, companies. Turns out the words of tolerance, diversity and broad-mindedness only apply to those who comply with the dogma and submit to the will of the speakers.

Here’s an email I received this morning from a pharmacist member of the Christian Medical Association:

“Subject: Forced to resign over mandate to sell the morning after pill.

“Just to let you know that Rite-Aid corporation came out with a stricter policy on July 5, 2013 that requires all employees to accommodate the sale of the morning-after pill to all comers, of either gender and of any age.  I tendered my resignation within the hour, it was accepted, and my last work day is July 20th.  I realize that I am an ‘at will’ employee and I do not expect any recourse. Just for your information to add me to the list of those quitting pharmacy solely because of the policy change.  Keep up the good work. The battle rages.  The Lord is able to supply our needs.”

Remember that even the Obama administration health department opposed the unlimited sale of the morning-after pill, citing health concerns. So presumably, even the radically pro-abortion Secretary of Health and Human Services, Kathleen Sebelius, is not radical enough to work at Rite Aid.

Unfortunately, Secretary Sebelius and President Obama trashed the only federal regulation protecting health care professionals from discrimination and firings for reasons of conscience. They and other abortion advocates also can’t seem to muster enough liberality to support the tolerant, diversity-respecting and broad-minded principles of the Healthcare Conscience Rights Act (S 1204 and HR 940).

While the regulation and the law apply specifically to government-funded programs, each can help establish an environment of true respect for conscience, tolerance and diversity that will protect health care professionals nationwide. Until then, pharmacists, obstetricians and family docs who still adhere to the Hippocratic oath and faith tenets remain subject to job loss, discrimination and ostracism for their life-affirming views.

Jonathan Imbody
Vice President for Government Relations,
Christian Medical Association 
CMA Washington office: P.O. Box 16351 • Washington, DC 20041
703-723-8688 (office) • 703-434-9794 (mobile)
Director, Freedom2Care – 50 groups and 29,000 individuals advancing conscience rights

Obama ‘freedom to worship’ assaults First Amendment

 Freedom of religion not just for private expression

28 January, 2013
Washington Times

Jonathan Imbody*

President Obama marked Religious Freedom Day earlier this month by framing religious liberty as “the freedom to worship as we choose.” If the president had not been restricting and attacking religious freedom so egregiously, he might merit a pass for using “freedom to worship” as poor shorthand for religious liberty.

The First Amendment of our Constitution actually reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The constitutionally guaranteed free exercise of religion in America extends well beyond the freedom to worship. It includes the freedom to live out our conscientiously held beliefs. . . [Read on]

 

Obama Administration Guts Healthcare Conscience Regulation

National Right to Life News
21 February 2011
Reproduced with permission

Jonathon Imbody*

True civil rights protection requires cultural change. A long-term program of education within the medical community and in the public is needed to help build awareness among conscientious healthcare professionals of their civil rights and a respect for those rights by all.

On February 18 the Obama administration gutted the only federal regulation protecting conscientious healthcare professionals from discrimination.

While three long-standing federal conscience-protecting laws remain intact, the conscience-protecting regulation had been promulgated under the Bush administration to remedy documented pervasive discrimination against pro-life physicians and others in disregard of the anti-discrimination laws.

U.S. Dept. of Health and Human Services (HHS) Secretary Kathleen Sebelius effectively eviscerated a sensible Bush-era regulation that had finally put teeth to bipartisan federal civil rights laws enacted over the past three decades. Those anti-discrimination laws were passed, all after the Supreme Court’s 1973 Roe v. Wade abortion ruling, as a way to keep physicians, nurses, hospitals and others from being forced out of medicine simply for following life-affirming ethical standards such as the Hippocratic oath.

But abortion advocates hyperventilated when it appeared that those laws would actually be implemented and enforced by the conscience protection regulation, which took effect in January 2009.

Cecile Richards of the Planned Parenthood Federation of America had said, “It is going to cause chaos among providers across the country.”

Then-Sen. Hillary Rodham Clinton had said: “It threatens the health and well-being of women and the rights of patients across the country.”

Of course, none of their doomsday predictions even faintly materialized in the over two years since the original regulation took effect. In explaining Friday’s regulation change, HHS presented no evidence whatsoever of any hindrance to any patient, procedure or prescription. The complete lack of evidence didn’t seem to matter a whit, despite President Obama’s vow in his Inaugural Address to “restore science to its rightful place.”

The administration’s radical action again suggests tone deafness to the American public. Of the over 300,000 comments HHS received regarding rescission, twice as many opposed rescission as supported it. The Polling Company in 2009 conducted a nationwide scientific polling of the public and also of faith-based healthcare professionals. The results revealed that:

  • An overwhelming 63% of the public supported the conscience protection regulation whereas only 28% opposed the conscience protection regulation.
  • Only 30% indicated support for the Obama administration’s plan to get rid of the regulation, whereas 62% opposed the administration’s plan.
  • 88% of American adults said it is either “very” or “somewhat” important to them that they share a similar set of morals as their doctors, nurses, and other healthcare providers.
  • Nine of ten faith-based physicians agreed, “I would rather stop practicing medicine altogether than be forced to violate my conscience.”

In other words, faith-based healthcare professionals and institutions are ready to walk away from medicine if denied the ability to practice medicine according to conscientiously held ethical standards.

I tried to drive home that point in a meeting I had at the White House in 2009 with Obama officials regarding the conscience regulation and abortion in general. I pointed out that Mr. Obama and his officials never provided a concrete reason for trashing the reg, that the reg merely implemented existing federal law, and that it was crucial to preserving patient access to the pro-life physicians, hospitals and clinics across the country that depend upon conscience protections to practice medicine.

Especially in states already facing critical physician shortages–such as Texas, Georgia, Alabama, Mississippi, Oklahoma, Utah, Nevada, Idaho and Delaware–losing just one physician can erase healthcare access for thousands of patients. Hardest hit are poor patients and those who live in medically underserved areas.

The recent regulatory action makes all the more vital passing bills pending in the 112th Congress to protect healthcare access with conscience protections. For example, the No Taxpayer Funding for Abortion Act (H.R. 3), offered by Rep. Chris Smith (R-NJ); the Protect Life Act (H.R. 358), offered by Rep. Joe Pitts (R-Pa.); and the Abortion Non-Discrimination Act (H.R. 361) offered by Rep. John Fleming (R-La.), all forbid discrimination related to abortion, in certain contexts.

Abortion ideology has taken root in much of medical academia and healthcare institutions and has resulted in both overt and subtle discrimination that laws alone cannot adequately address. Civil rights laws by themselves, it should be remembered, did not protect minorities from many forms of discrimination.

True civil rights protection requires cultural change. A long-term program of education within the medical community and in the public is needed to help build awareness among conscientious healthcare professionals of their civil rights and a respect for those rights by all. Only then will we begin to restore medicine to its ethical moorings and protect the patients who depend upon ethical and compassionate healthcare professionals.