Bush Administration Likely To Push Through Controversial Health Care Worker Regulation

Washington, D.C. (AHN) - With the clock ticking down on his administration it looks likely that President George W. Bush will use his clout to introduce a new rule that will make it easier for doctors, nurses, pharmacists and other health care workers to refuse to participate in any medical procedure they view as morally "objectionable."

If President Bush approves the new rule by Dec. 20, it will be final when the Obama administration takes office at noon Jan. 20 and require a new rule-making procedure to overturn it.

Outgoing Health and Human Services Department Secretary Michael O. Leavitt, the former governor of Utah and a prominent conservative Mormon, has reportedly vowed to make sure the controversial rule becomes a final regulation before the Obama administration takes over.

Health workers have already been able to refuse to participate in abortions, this new rule might mean they could also refuse to participate in such things as providing birth control for married couples, along with single women, and in assisting with artificial insemination for married couples with fertility problems who want a baby.

The rule being contemplated by the Bush administration is very broad and would apply to any medical facility and health care workers that received federal funds. It would allow them to choose not to participate in any procedure that they found in any way objectionable to their personal morality or religious views.

The Equal Employment Opportunity Commission has advised the president that the rule would overturn four decades of civil rights laws in the nation. They also say that current law protects people who have religious objections from performing duties that conflict with their religion.

Many groups support the regulation, although about as many oppose it.

The Catholic Health Association and U.S. Conference of Catholic Bishops support the measure because they say that Catholics are often asked to do things that go against their religion on jobs.

But the National Association of Chain Drug Stores, the American Hospital Association, the American Medical Association, 28 senators, more than 110 representatives and the attorneys general of 13 states reportedly oppose the law.

They object, in part because they say it could result in patients on Medicaid being turned away from pharmacies when they try to fill birth control prescriptions. However, they also argue the proposed regulation could result in some victims of violent rape being unable to obtain emergency contraception at the hospital emergency rooms where they are treated for their injuries.

Although medical facilities and health care workers have been exempt from providing abortions they found objectionable for the past 30 years. But the new rule would go further and allow them to choose not to give any information or advice about abortions.

In addition, the rule would extend beyond medical facilities, pharmacists, doctors, nurses and other health care workers to include people whose job it is to clean medical instruments.

It is estimated that some 584,000 entities could be covered, which includes 4,800 hospitals, 234,000 doctor's offices and 58,000 pharmacies. The new rules probably wouldn't stop people with money or those living in large cities, or metropolitan areas, from finding the care they needed.

However, critics worry that poor people, or those living in small towns, might not be able to afford to travel outside their area to find a medical facility or health care workers that would provide them with the medical care they needed.

Thus the new regulation would create a two-tier health care system for some in America, while being funded from taxpayer money.