{"id":9341,"date":"2019-08-28T10:44:36","date_gmt":"2019-08-28T17:44:36","guid":{"rendered":"https:\/\/news.consciencelaws.org\/?p=9341"},"modified":"2019-09-03T10:53:05","modified_gmt":"2019-09-03T17:53:05","slug":"ocr-issues-notice-of-violation-to-the-university-of-vermont-medical-center-after-it-unlawfully-forced-a-nurse-to-assist-in-abortion","status":"publish","type":"post","link":"https:\/\/news.consciencelaws.org\/?p=9341","title":{"rendered":"OCR Issues Notice of Violation to the University of Vermont Medical Center After It Unlawfully Forced a Nurse to Assist in Abortion"},"content":{"rendered":"\n<p> News Release  <br> For immediate release<\/p>\n\n\n\n<p class=\"author\">US Department of Health and Human Services<\/p>\n\n\n\n<p>Contact: HHS Press Office<br>202-690-6343<br> <a href=\"mailto:media@hhs.gov\">media@hhs.gov<\/a><\/p>\n\n\n\n<p>\n                        The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) is announcing that, after a thorough investigation and prolonged attempts to resolve the matter, OCR has issued a Notice of Violation letter finding that the University of Vermont Medical Center (UVMMC) violated the Church Amendments (42 U.S.C. 300a-7) by forcing a nurse to assist in an elective abortion procedure over the nurse\u2019s conscience-based objections. OCR also found that UVMMC has discriminatory policies that assign or require employees to assist abortion procedures even after they have recorded their religious or moral objections to assisting in the performance of such abortions. OCR\u2019s Notice of Violation letter asks UVMMC to conform its policies to the Church Amendments and take other corrective action, or face potential action by the HHS component from which UVMMC has received federal funding.<\/p>\n\n\n\n<p>\n                        On May 9, 2018, a nurse at UVMMC filed a conscience and religious discrimination complaint with OCR against UVMMC, a medical center in Burlington, Vermont that receives HHS funds, contending that the nurse was forced to assist an abortion in violation of the nurse\u2019s conscience rights. As part of its investigation, OCR contacted UVMMC repeatedly in a good faith effort to seek cooperation from UVMMC, but the hospital refused to conform its policies to federal conscience laws, provide all the documents requested by OCR, or produce witnesses for OCR interviews. Nevertheless, OCR interviewed multiple witnesses and gathered evidence concerning the allegations.<\/p>\n\n\n\n<p>\n                        As a result of its investigation, OCR has specifically determined that:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>UVMMC forced the nurse complainant to assist in an abortion against the nurse\u2019s religious or moral objection. The nurse had expressed an objection for many years and was included in a list of objectors, but UVMMC knowingly assigned the nurse to an abortion procedure. The nurse was not told the procedure was an abortion until the nurse walked into the room, when the doctor\u2014knowing the nurse objected to assisting in abortions\u2014told the nurse, \u201cDon\u2019t hate me.\u201d The nurse again objected, and other staff were present who could have taken the nurse\u2019s place, but the nurse was required to assist with the abortion anyway. If the nurse had not done so, the nurse reasonably feared UVMMC would fire or report the nurse to licensing authorities.<\/li><li>OCR spoke with several other UVMMC health care personnel who, since at least the spring of 2017, have been intentionally, unnecessarily, and knowingly scheduled by UVMMC to assist with elective abortions against their religious or moral objections. Such personnel were often not told in advance that the procedures they were being assigned to assist with were abortions. Health care personnel who are coerced in that way suffer moral injury, are subjected to a crisis of conscience, and frequently experience significant emotional distress, even if they succeed in declining to assist in the procedure after the assignment is made.<\/li><li>UVMMC maintains a staffing policy that facially violates the Church Amendments because the policy admits to circumstances where UVMMC can and will force staff\u2014on pain of adverse action or discipline\u2014to participate in abortions against their moral or religious objections. The policy also violates UVMMC\u2019s agreement, as a condition of receiving HHS funds, to comply with federal law, including the Church Amendments and HHS\u2019s grants regulations.<\/li><li>Consequently, UVMMC is violating 42 U.S.C. \u00a7 300a-7(c)(1) of the Church Amendments by discriminating against health-care personnel who have religious or moral objections to abortion, and subjecting them to different terms or conditions of employment than other health-care personnel.<\/li><\/ul>\n\n\n\n<p>\n                        In the Notice of Violation, OCR asks that UVMMC notify OCR within thirty days whether UVMMC intends to work collaboratively with OCR to change its policies so it no longer requires health care personnel to participate in abortion against their religious or moral objections, and to take immediate steps to remedy the effect of its past discriminatory conduct. Otherwise, OCR indicates that it will forward the Notice to the Health Resources and Services Administration (HRSA), a component of HHS that provides grant funds to UVMMC, for consideration and possible additional procedures concerning UVMMC\u2019s receipt of federal funds.&nbsp; Since October 1998, UVMMC has received\u2014and continues to receive\u2014grants from HRSA.&nbsp; For the most recently completed three-year project period, which ended April 30, 2018, UVMMC reported that it cumulatively expended $1.6 million of federal financial assistance.<\/p>\n\n\n\n<p>\n                        Roger Severino, Director of OCR said, \u201cForcing medical staff to assist in the taking of human life inflicts a moral injury on them that is not only unnecessary and wrong, it violates longstanding federal law. Our investigation has uncovered serious discrimination by UVMMC against nurses and staff who cannot, in good conscience, assist in elective abortions.\u201d&nbsp; Severino concluded, \u201cWe stand ready to assist UVMMC in changing its policies and procedures to respect conscience rights and remedy the effects of its discrimination.\u201d&nbsp;<\/p>\n\n\n\n<p>\n                        OCR is charged with helping ensure entities come into compliance with federal laws protecting conscience and prohibiting coercion in health care, including the Church Amendments.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>News Release For immediate release US Department of Health and Human Services Contact: HHS Press Office202-690-6343 media@hhs.gov The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) is announcing that, after a thorough investigation and prolonged attempts to resolve the matter, OCR has issued a Notice of Violation letter finding that &hellip; <a href=\"https:\/\/news.consciencelaws.org\/?p=9341\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;OCR Issues Notice of Violation to the University of Vermont Medical Center After It Unlawfully Forced a Nurse to Assist in Abortion&#8221;<\/span><\/a><\/p>\n","protected":false},"author":5432,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[46,5,7,10,295,19,28],"tags":[261,3694,2332],"post_folder":[],"class_list":["post-9341","post","type-post","status-publish","format-standard","hentry","category-abortion","category-ethics","category-law","category-news-releases","category-religious-freedom","category-repression-of-conscience","category-usa","tag-nurses","tag-university-of-vermont-medical-center","tag-us-dept-of-health-and-human-services-hhs"],"yoast_head":"\r\n<title>OCR Issues Notice of Violation to the University of Vermont Medical Center After It Unlawfully Forced a Nurse to Assist in Abortion - 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