Obama Administration Plans To Repeal Controversial 'Right Of Conscience' Rule

Main Category: Abortion
Also Included In: Women's Health / Gynecology;  Primary Care / General Practice
Article Date: 03 Mar 2009 - 3:00 PDT

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The Obama administration is preparing to rescind a federal "right of conscience" rule protecting medical providers who refuse to perform procedures to which they have moral objections, an HHS official said Friday, the AP/Seattle Post-Intelligencer reports (Alonzo-Zaldivar, AP/Seattle Post-Intelligencer, 2/27). The rule, originally announced Dec. 19, 2008, took effect the day Obama became president. Under the rule, recipients of federal money must certify that they are complying with laws prohibiting discrimination against health care workers who refuse to perform procedures, such as abortions, because of personal beliefs. The Obama administration likely will publish official notice of its intent this week, setting in motion a 30-day period of public comment, after which the regulation can be repealed or modified (Stout, New York Times, 2/28). The new proposal originally appeared as a notice on the Web site of the White House Office of Management and Budget.

A statement from the White House said that Obama supports a "carefully crafted" version of the rule. According to the statement, Obama "believes this issue requires a balance between the rights of providers and the health of women and their families, a balance that the last-minute Bush rule appears to upset" (Marcus, Bloomberg/Philadelphia Inquirer, 2/28). An HHS official, who spoke under conditions of anonymity, said, "We've been concerned that the way the Bush rule is written, it could make it harder for women to get the care they need," adding, "It is worded so vaguely that some have argued it could limit family-planning counseling and even potentially blood transfusions and end-of-life care." The official also said, "We recognize and understand that some providers have objections to providing abortions. We want to ensure that current law protects them," but "the Bush rule goes beyond current law and seems to have upset the balance" (Stein, Washington Post, 2/28).

MSNBC's "The Rachel Maddow Show" on Friday reported on Obama's plan to rescind the rule (Maddow, "The Rachel Maddow Show," 2/27).

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