Life Advocacy reported two victories for pro-life medical professionals, including pharmacists, just before Christmas. President-elect Obama has promised pro-abortion constituents that he will sign the Freedom of Choice Act, reversing much of the reform that pro-lifers ground out since President Clinton left office in 1993.
Obama may keep his campaign promise, but if he does, it may be at the expense of his honeymoon. Pro-lifers are unlikely to accord him the deference traditional at the outset of a new presidency if he confronts them in this way.
Conscience Rule Finalized
THE LONG-AWAITED 'CONSCIENCE RULE' WAS PUBLISHED in Friday's Federal Register and is set to take effect Jan. 20 at 12:01 a.m. - as it happens, the very day of the Presidential inauguration of one who is expected by his abortion industry backers to cancel it.
The new President will not have the power on his own, however, to repeal the statutory medical provider conscience provisions the rule is intended to implement. "Federal protection of provider conscience rights dates back to the 1970s," notes a news release from the Dept. of Health & Human Services announcing the new regulation. "The [Church] Amendments protect health care providers and other individuals from discrimination by recipients of HHS funds on the basis, among other things, of their refusal, due to religious belief or moral conviction, to perform or participate in any lawful health service or research activity." Such "service[s]" and activities would certainly include committing abortion or aiding medical experiments in which embryonic boys and girls are sacrificed.
More recently the statutory law has prohibited, by a 1996 law sponsored by Rep. Dave Weldon (R-FL), "federal, state or local governments from discriminating against individual and institutional health care providers (including participants in medical training programs)," notes the release, "who refused to, among other things, receive training in abortions; require or provide such training; perform abortions; or provide referrals for, or make arrangements for, such training or abortions."
The department's chief, Secretary Mike Leavitt, initiated the Medical Provider Conscience Regulation in response to an attempt by ACOG (the American College of Obstetricians & Gynecologists) to force all ob/gyns either to commit or at least refer for abortion and even, if unwilling to commit such child killings, to locate their offices in proximity to abortionists.
"The new regulation will increase awareness of and compliance with [the] laws" enacted "over the past three decades," notes the release, "to safeguard the freedom of healthcare providers to practice according to their conscience.
"'Doctors and other healthcare providers should not be forced to choose between good professional standing and violating their conscience,'" Secy. Leavitt said in the release. "'This rule protects the right of medical providers to care for their patients in accord with their conscience.'"
It also serves, notes David Stevens MD, CEO of the 16,000-member Christian Medical Assn. in a CMA news release, "'to protect patients who want access to conscientious and compassionate care from Life-affirming physicians. These objective standards have for millennia formed the foundation,'" Dr. Stevens said in the CMA release, "'of patient care and protection, and this regulation ensures that physicians and others won't be run out of the profession for upholding those standards.'"
Care Net pregnancy centers network president Melinda Delahoyde joined in praise of the new regulation, noting in a Care Net news release: "'Care Net and its national network of pregnancy centers rely on the availability of healthcare providers who have the right to conscientiously object to abortion. These healthcare providers - RNs, nurse practitioners and physicians - provide critical free services at pregnancy centers to those facing unplanned pregnancies and other health concerns. Without these new conscience protections,'" said Ms. Delahoyde in the Care Net release, "'fewer healthcare providers would be available to serve this at-risk population in our nation's pregnancy centers.'"
Care Net's national medical consultant Dr. Sandy Christiansen also weighed in, quoted in the Care Net release declaring, "'These new regulations send a message to both current and aspiring healthcare providers that their personal code of ethics, their conscience and their adherence to the Hippocratic Oath matter and will be protected.' When Dr. Christiansen was an intern," notes the Care Net release, "she was denied operating room privileges by her chief resident, who explained it was because she was not 'working hard doing the abortions' like others and thus would not get that 'perk.' Later, as a chief resident," the Care Net release adds, "she was humiliated by the attending physician in front of her team of residents, interns and students when she would not [commit] an abortion on a patient whose baby was diagnosed with Down's Syndrome. . Not once," notes Care Net, "were Dr. Christiansen's faith-based convictions validated in these experiences nor was she informed of her rights according to existing law to protect against this kind of discrimination."
The HHS release quotes the department's Assistant Secretary of Health, Admiral Joxel Garcia MD: "'Many healthcare providers routinely face pressure to change their medical practice - often in direct opposition to their personal convictions. During my practice as an ob/gyn, I witnessed this firsthand. Healthcare providers shouldn't have to check their consciences at the hospital door,'" he said, adding that while Congress has "'enacted several laws to that end, . too many are unaware these protections exist.'"
Now they know. Will they truly advocate the repeal of actual choice?
We can be thankful that Secy. Leavitt has followed through and promulgated the regulation before leaving office. Regardless of what the new President does with it, the Medical Provider Conscience Protection regulation is a fine legacy for a pro-life public servant and its underlying legislation is worth fighting to maintain.
Conscience Right Respected
IF ILLINOIS LEGISLATORS ARE LOOKING FOR INCIDENTS wherein Rod Blagojevich (D), has abused his power as governor, they need look no further than his 2005 "emergency rule" ordering Illinois pharmacists who conscientiously object to the "morning-after pill" to stock and dispense the megadose abortifacient or face state sanctions, including loss of license.
The Illinois Supreme Court ruled last week that "pharmacists may now defend their right of conscience" against the rule, reports Richard Baker, Chicago attorney from the firm of Mauck & Baker, which had filed an amicus curiae brief on behalf of the Illinois and American Pharmacists Associations in a case brought by two pharmacists challenging the rule.
Pharmacists Luke VanderBleek and Glen Kosirog "claimed in a nine-count complaint," reports Mr. Baker in his news release celebrating the vital ruling, "that the governor's dictate and the administrative rule that followed were violations of their statutorily and constitutionally protected rights to conscience and free exercise of religion.
"'No pharmacist should ever be forced to choose between their conscience and their livelihood,' said [Mr.] Baker" in the release. "'This decision is good news in light of the many legislative initiatives [in various states] to override the conscience of those, like [the two complainants], who seek to follow the dictates of conscience in practicing their profession. We would all do well to pay more attention to our consciences,'" said Mr. Baker, adding, "'the governor included.'"
Though the high court ruling did not overturn the rule itself, it did clear the way for the complainants to pursue their litigation challenging its constitutionality; a lower court had earlier dismissed the suit on grounds of standing, ripeness and failure to exhaust administrative remedies. That dismissal was upheld by an appellate panel on a split decision but further appealed to the state supreme court, which last Thursday ordered the trial court - in Illinois, the "circuit court" - to hear the complaint.
Mr. Baker said he was "'pleased with the result and hope[d] that the circuit court, on remand, will vindicate the fundamental right of pharmacists in Illinois to follow their conscience in their vocation.'"
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