Medical Conscience Rights, Part 1

Per Alliance Defending Freedom: “Freedom of conscience means you are free to carry out your moral duty without fear of government coercion or punishment.”

Also, it need not be faith-based to count. Conscience is conscience, and these rights protect our atheist colleagues as they do us. Canadian philosopher Edward Tingley explains that conscience rights protect those who object to the norm of what even a majority thinks is right, and they apply when (1) a cogent claim can be made that (2) grave wrong is done. The claim of wrong needs only to be serious and defensible.

Conscience rights exist precisely to protect someone who disagrees with majority consensus. They specifically protect unpopular opinions. The objection needs only to be serious and defensible.

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How CMDA Made an Impact in Washington in 2019

Since CMDA opened its Washington, D.C. federal public policy ministry office in 2000, God has opened doors for influence that have far exceeded all that we could ask or imagine. The following few highlights of last year (organized by months, with the most recent first) illustrate how God is using this ministry to advance kingdom values in our government.

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CMDA Court Cases: Good News and Bad News

This month’s blog provides updates on two Christian Medical & Dental Associations federal lawsuits. The following case updates are information and help for healthcare professionals who have experienced discrimination on the basis of their faith and conscience.

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The New HHS Conscience Rule: What It Means to You and Your Patients

The U.S. Department of Health and Human Services (HHS) has issued a final rule that implements 25 federal conscience laws and strongly protects the exercise of conscience freedom by health professionals and health entities in HHS funded programs. HHS had issued a proposed conscience rule in January 2018 and finalized the rule May 2 after reviewing some 242,000 public comments, including from the Christian Medical Association (CMA) and Freedom2Care, which strongly support the rule.

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Conscience Rights: Does Your Medical Association Support Them?

Where leading medical institutions stand on the right of conscience and religious freedom can sway court decisions and influence federal legislation. Therefore, it is important to know where prominent groups, such as the American Medical Association, the American College of Obstetricians and Gynecologists and the World Health Organization, stand on these issues. Each of these groups represents a vast number of medical professionals, and yet their policies do not always accurately express their members’ diverse views, nor do they defend their members’ first amendment rights.

In some cases, the stances of medical organizations stand in direct opposition to the principles in federal law and regulations, which are outlined at the end of this essay.

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New HHS division, conscience freedom laws and policies protect patients and physicians

This excerpt is the sixth in a series of essays on conscience in healthcare, by Jonathan Imbody, Vice President for Government Relations of the Christian Medical Association and Director of Freedom2Care. The essays respond to “Physicians, Not Conscripts — Conscientious Objection in Health Care,” Ronit Y. Stahl, Ph.D. and Ezekiel J. Emanuel, MD, PhD, New England Journal of Medicine 376;14, April 6, 2017.

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Rights of Conscience, Moral Complicity and Free Speech

The title of the article might lead a reader to believe the authors support a physician’s right of conscience, but they do just the opposite. They strongly assert the will of the patient over the conscience of the physician. They write, “Making the patient paramount means offering and providing accepted medical interventions in accordance with patients’ reasoned decision,” and “Health care professionals who are unwilling to accept these limits [putting aside their own conscience to support patient autonomy] have two choices: select an area of medicine, such as radiology that will not put them in situations that conflict with their personal morality, or if there is no such areas, leave the profession.” While this quote would seem to apply to a broad variety of issues, in the context of the article the authors are referring to abortion.

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Are healthcare conscience laws needed?

This excerpt is the fifth in a series of essays on conscience in healthcare, by Jonathan Imbody, Vice President for Government Relations of the Christian Medical Association and Director of Freedom2Care. The essays respond to “Physicians, Not Conscripts — Conscientious Objection in Health Care,” Ronit Y. Stahl, Ph.D. and Ezekiel J. Emanuel, MD, PhD, New England Journal of Medicine 376;14, April 6, 2017.

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