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30 March, 2005
New Wisconsin
protection of conscience bill
The Labour Committee of the Wisconsin Assembly heard conflicting
testimony regarding
Wisconsin Assembly
Bill 207, introduced by Representative Jean Hundertmark. A
previous bill passed by the legislature was vetoed by the state governnor.
R. Alta Charo claimed that the bill would permit health care workers to
mislead patients by failing to give information, and complained that
objectors would not be compelled to refer patients. Dr. Cynthia Jones-Nosacek,
on the other hand, argued that she should not be compelled to refer patients
so that they can be killed by withdrawal of nutrition and hydration.
28 March, 2005
'Pro-choice' activists campaign to impose their morality on health care
workers
The National Abortion Rights Action League is encouraging people to take
'pledge cards' to local pharmacies and have pharmacists sign them to promise
that they will dispense birth control drugs, including those that might act
by preventing implantation, thus causing the death of an early embryo.
NARAL appears to believe that freedom of choice should be limited to its own
supporters.
25 March, 2005
Scientists
clash over creation of animal-human hybrids
Professor Chris Higgins, the director of the United Kingdom's Medical
Research Council's clinical sciences centre, supports the creation of
animal-human hybrids by the injection of genetic materials from human
embryos into animal eggs. Dr Calum MacKellar, the director of research of the Scottish
Council on Human Bioethics, rejects the idea. The controversy
illustrates the potential for conflicts of conscience among researchers and
others involved in reproductive technology.
24 March, 2005
Coercive bill signed in New
Jersey
New Jersey
Assembly
Bill 2698 has been signed by the Acting Governor of the state. It
forces all hospitals to provide
"medically and factually accurate and objective" information about
the potentially abortifacient morning-after pill to sexual assault
complainants, and the state plans to provide a tract for this purpose
written
by the Commissioner of Health and Senior Services, in collaboration with the
Director of the Division on Women in the Department of Community Affairs and
the New Jersey Coalition Against Sexual Assault. Further, all
hospitals will be required to provide the potentially abortifacient
morning-after pill to sexual assault complainants upon request. The
bill is clearly intended to suppress conscientious objection.
Some reports
indicated that the requirement to dispense the drug depends upon a negative
pregnancy test, but the bill contains no provision to this effect.
This will be of concern to those who object to the drug because it can act
to cause the death of the early embryo by preventing implantation. If
the tract that will be forced upon the hospitals fails to acknowledge this
mechanism of action, a hospital could legally supplement the tract with this
information in order to comply with the legal requirement for medical and
factual accuracy. For the same reason, a hospital might decline to
distribute the tract if it describes both pre-fertilization and
post-fertilization effects as 'contraceptive.'
24 March, 2005
Mental
Capacity Bill passes House of Lords, with amendments
The British government's controversial Mental Capacity Bill will be returned
to the House of Commons for review of amendments proposed by the House of
Lords. Concerns that the bill will permit euthanasia have been
repeatedly voiced during the progress of the bill through parliament.
16 March, 2005
Late abortion a
'private sector' procedure in the UK
The Independent, a newspaper in the United Kingdom, quotes a consultant
obstetrician to the effect that most late term abortions are done in the
private sector, not the public health system. Peter Bowen Simpkins
observed that "late abortion is not a very pleasant affair. . . Many
doctors and nurses don't do abortions at all." [The Independent, 16 March,
2005]. The comment illustrates the importance of protective
legislation for conscientious objectors, but also suggests that there is no
principled reason to insist that controversial procedures must be performed
in public institutions.
14 March, 2005
Muslim
pharmacist refuses to dispense morning-after pill
A Muslim pharmacist in the east of London in the United Kingdom declined to
dispense the potentially abortifacient morning-after pill for religious
reasons. The Sunday Mirror quoted the patient to the effect that the pharmacist
should find another job. The response is, unfortunately, typical of
what passes for 'tolerance' and 'respect for freedom of religion' in many
jurisidictions.
11 March, 2005
Continued pressure for legalization of infant euthanasia in the Netherlands
Physicians Eduard Verhagen and Pieter Sauer of the Groningen University
Medical Center continue to advocate the legalization of euthanasia for
infants. In an article in the New England Journal of Medicine they
assert that only about three of 15 to 20 annual cases of infant euthanasia
are reported. Verhagen reviewed 22 cases of infant euthanasia in 1997
and found that none were prosecuted. Verhagen has proposed guidelines
for infant euthanasia that doctors can follow without fear of prosecution. [British
Medical Journal] If Verhagen's claims are accurate, they
demonstrate the potential for conflicts of conscience among health care
workers who may be asked to facilitate or to cover up an illegal act.
6 March, 2005
Stanford
approves breeding of human/mouse hybrids
The ethics committee of Stanford University has approved a plan to breed
mice with brains made from cells from aborted infants. [The
Telegraph, 6 March, 2005] The experiment illustrates the potential for
conflicts of conscience among researchers.
2 March, 2005
Judge orders 'ethics
class' for pharmacist
Administrative Law Judge Colleen Baird has recommended that Wisconsin
pharmacist Neil Noesen be made to attend ethics classes because he refused
to dispense contraceptives for reasons of conscience, and also refused to
refer the patient to another pharmacy. The judge claimed that his
action exposed the patient to a danger to her health, welfare or safety in
the form of pregnancy. Baird's recommendation is to go to the
Wisconsin Pharmacy Examining Board for review and action. [See
Establishment Bioethics and
Referral: A False Compromise]
17 February, 2005
Attempt to
kill premature baby by neglect unsuccessful
26 year old Claire Baldwin, who now works in the Body Shop in
Carmarthen, Wales, narrowly escaped death in the Netherlands when she was
born prematurely. Her parents were told that she was dead and she was left
in a kidney dish in a dirty laundry room to die. Her father discovered
her and insisted that she be placed in an incubator, despite resistance and
ridicule from nursing staff. [This Is South Wales, 17 February, 2005]
Such cases illustrate the potential for conflicts of conscience among health
care workers faced with similar situations.
[Born
alive, left to die (Chicago, Illinois, U.S.A.) (1999)[ [Baby
left to die at Vancouver General Hospital (Vancouver, British Columbia,
Canada) (1985)]
7 February,2005
Conception and
false terminology - "fertilized egg"
A judge in Chicago has ruled that an embryo
conceived and accidentally killed in a fertility clinic was a human being
whose parents are entitled to file a wrongful death lawsuit. The judge
held that the law in Illinois recognizes the existence of a human being
after conception occurs. Critics voiced concerns that the ruling, if
allowed to stand, will inhibit reproductive technology. The ruling is
of interest to conscientious objectors among pharmacists because it
illustrates the basis for their concerns about the destruction of human
embryos. It also illustrates how public discourse is significantly
impacted by the scientifically incorrect term 'fertilized egg.'
4 February, 2005
Bill in Georgia,
USA, would protect pharmacists
Sen. Jim Whitehead has proposed a bill to ensure that pharmacists cannot be
sued or disciplined for declining to dispense drugs to which they object for
reasons of conscience. Whitehead said that he was asked to put forward
the legislation by some pharmacists in his district. asked him to push the
legislation. The chairman of the Georgia Pharmacy Association,
University of Georgia Professor Flynn Warren, stated that pharmacists in
Georgia may already refuse to fill prescriptions, but said that they should
suggest to a patient how to get it filled elsewhere. [AP
Story] Many objectors would find this unsatisfactory.
[See
Referral: A False Compromise]
6 February, 2005
Assisted suicide bill
planned for California
A bill to legalize assisted suicide for mentally competent patients who have
six months to live is being drafted in California. State lawmakers and
courts have demonstrated marked hostility towards freedom of conscience in
health care (US Supreme
Court rejects appeal of repressive ruling), so there are grounds for
concern that conscientious objectors and objecting denomination health care
entities may be compelled to participate in or facilitate the procedure.
4 February, 2005
Ecuadorian bishops
identify key issue in use of morning-after pill
In a letter distributed to parishes throughout Ecuador, the Catholic bishops
of the country identified the moral issue of concern to them in the use of
the morning-after pill. They pointed out that one of the acknowledged
ways in which the drug works is to prevent implantation of an early embryo,
and stated that causing the death of an embryonic human individual in this
way is morally unacceptable. [News
item]
Pope directs
attention to definition of death
Pope John Paul II has reiterated the support of
the Catholic Church for organ transplants, which is conditional upon death
having occurred before transplantation takes place.
The Pope
wrote that "the moment of death for each person consists in the definitive
loss of the constitutive unity of body and spirit," a concept that must be
tied to some physical reality in order to be applied in practice. The
concept of "brain death" has been widely used for this purpose, but
practical and philosophical questions remain. [Catholic
World News]
3 February, 2005
Arizona committee approves bill
Despite what has been described as a media barrage, a bill that would
protect freedom of conscience for pharmacists was approved by a committee of
the Arizona House by a vote of 6-3. The
executive director of the Arizona
Pharmacy Alliance attempted to argued that pharmacists should be forced to
refer if they will not dispense, a position opposed by many conscientious
objectors. A spokesman for the Arizona Catholic
Conference rejected the idea of compulsory referral.
Refusal of Dutch physicians to provide euthanasia being 'investigated'
The Dutch Voluntary End to Life Association (NVVE) is
complaining that some Dutch physicians are refusing to facilitate euthanasia
requests or delaying their execution. NVVE director Rob Jonquière has
complained that many doctors "are looking for excuses not to carry out
euthanasia." While figures on the subject are sometimes disputed,
government-commissioned research found that there were 9,700 euthanasia
requests in 2001, of which 3,800 were carried out. Health care workers
in other jurisdictions who have hitherto been unsupportive of protection of
conscience laws and policies should take careful note of this development,
since the arguments that are being put forward to compel physicians to
participate in euthanasia are precisely the same arguments being made to
compel objectors to facilitate abortion, contraception and other morally
controversial procedures.
Conscientious objectors concerned about flu vaccine
Vaxin, a company in Birmingham, Alabama, plans to use PER C6 in their new
flu vaccine. The CEO of the company that created PER C6 has admitted
that the cell line originated with
tissue from an 18 week infant that was aborted. A group called
Children of God for Life has criticized the decision, pointing out that
thousands of people protested the use of aborted fetal tissue in the
manufacture of smallpox vaccine in 2001.
1 February, 2005
Referral not good enough: lesbian demands objectors perform insemination
Two doctors declined to inseminate a woman who identifies herself as
lesbian because she was not married. Instead, they referred her to
another doctor who assisted her to achieve a pregnancy, and agreed to to
provide pre- and post-natal care and cover any costs incurred as a result of
the referral. Six months after becoming pregnant with the assistance
of the doctor to whom she was referred, she launched a civil suit against
the clinic. In essence, she claims that the physicians acted
wrongfully because they would not perform the insemination themselves.
In November, 2004, the first ruling went against the clinic. The
Alliance Defence Fund has secured an order from a California appeals court
that requires the woman to show why the lower court order should not be
quashed. The Appeal court invited comment on two issues: (a) whether a
doctor has a right to refuse to perform a procedure for religious reasons,
and (b) whether a doctor can accommodate his beliefs and satisfy
anti-discrimination laws by referring a patient elsewhere and paying the
associated costs. [Court
of Appeal Writ]
30 January, 2005
Scots
MP urges discrimination against Catholic schools
Liberal Democrat Mike Rumbles is demanding that Catholic schools abandon
Catholic teaching in favour of the state's new 'sexual health strategy.'
He argues that the state should withdraw funding if they do not do so.
This kind of argument is typically used against denominational health care
institutions to force them to supply services that contradict their beliefs.
28 January, 2005
Montana
committee takes no action on oppressive bill
A senate bill that would have forced all health insurance plans to
include coverage for birth control was discussed in a senate committee, but
the committee took no action on the bill. [New
Report]
Mifepristone (RU486) urged without regard for consequences
for conscientious objectors
Professor Allan Templeton, the president of the Royal College of Obstetricians and Gynaecologists,
has urged that the British government approve the use of mifepristone (RU-486)
by women at home. He spoke at a forum organised by the chairman of the Commons Select Committee on Science.
The use of the drug in South Africa is causing significant problems for
conscientious objectors to abortion, who are in the majority among health
care workers. Women are given the drug and told to go to emergency
departments in hospitals when they start to bleed. Objecting
physicians and staff are then faced with the task of completing an abortion
begun by someone else.
27 January, 2005
Bill introduced in Arizona to secure freedom of conscience for pharmacists
A bill introduced in both houses of the the Arizona Legislature (HB
2541) would prevent health care providers from being forced
to dispense the 'morning-after pill' and prescription contraceptives if they
object to distributing such drugs for reasons of conscience.
20 January, 2005
Nurse goes to South
Africa's High Court
Nurse Wilhemien Charles is suing the Gauteng health department, Kopanong
Hospital, Gauteng health MEC Gwen Ramakgopa, and the Minister of Health
Manto Tshabalala-Msimang on the grounds that she was harassed and
intimidated into assisting at abortions. She left the state hospital
to work in the private sector. The Vereeniging Equality Court directed her
to the Labour Court, but she is going to South Africa's High Court instead.
She is seeking an unconditional apology, R50 000 damages, and court orders
to prevent unfair discriminatory practices at South African health
facilities.
Charles would have had to pay for proceedings in
Labour Court, her current lawyer would not have been able to act for her,
and other parties could not have joined the action to support her.
Nurse Charles and Doctors for Life plan to submit evidence that intimidation
of conscientious objectors is systemic. [News
Item] [South African nurse denied
position]
19 January, 2005
Inquest chairman suggests deliberate starvation is 'death by natural causes'
An inquest has heard evidence that 11 elderly men at a Derby hospital
were starved to death. Inquest chairman Sir Richard Rougier has stated
that if food and fluids were withheld "in good faith' to bring about patient
deaths as "the lesser of two evils" (continued life apparently being the
greater) "it would be grossly unfair
to record a verdict other than that of death by natural causes" [The
Telegraph]. His statement demonstrates the probability that
conflicts of conscience are likely to arise for health care workers in such
circumstances.
18 January, 2005
Differing testimony on euthanasia bill indicates importance of protection of
conscience legislation
In testimony before a House of Lords Select Committee the Catholic
Bishops' Conference of England and Wales has criticized Lord Joffe's
euthanasia bill because it weakens protection for the vulnerable. [Catholic
Communications Service, 18 January] On the other hand, Canon Professor
Robin Gill, an advisor to the Anglican Archbishop of Canterbury, testified
that Anglican were divided on whether or not the law should be changed,
noting that Anglican bishops were against it but churchgoers were in favour.
The Archbishop later stated that the Anglican church remains opposed
to euthanasia. [The Independent, 16 January] The different positions
adopted suggest the likelihood of conflicts of conscience arising among
health care workers should the bill pass, and underline the importance of
protective legislation for conscientious objectors.
11 January, 2005
New
Jersey bill attacks pharmacists' freedom of conscience
A bill introduced in the New Jersey legislature would force pharmacists to
dispense medication despite philosophical, moral or religious objections. [Bill]
7 January, 2005
Royal Dutch Medical Association sanctions death for persons not ill
A report from the Royal Dutch Medical association asserts that doctors
may provide euthanasia for patients who are suffering "hopelessly and
unbearably," even if they are not physically or mentally ill. Such
persons are said to be "suffering through living." [British Medical Journal]
The gradual expansion of the circumstances under which euthanasia is
socially or ethically acceptable indicates the need for protection of
conscience legislation, without which objectors are likely to face
increasing pressure and even coercion to facilitate or participate in the
procedure.
6 January, 2005
Bill in
California attacks freedom of conscience
A bill proposed in California by Assemblyman Lloyd Levine would require pharmacists
to supply contraceptives and potentially abortifacient drugs, even if it
were against their conscientious convictions. Levine considers it a
pharmacist's job to fill prescriptions. He is also working on a bill
to legalize assisted suicide by doctors. It would be consistent with
his position to force doctors to participate in assisted suicide.
The bill is opposed by Assembly Leader Kevin
McCarthy on the grounds. [EWTN]
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