2008
		
		
	
	Armand H. Matheny Antommaria
	
		- Abstract: The analysis of a dispute can focus on either 
	interests, rights, or power. Commentators often frame the conflict over 
	conscience in clinical practice as a dispute between a patient's right to legally 
	available medical treatment and a clinician's right to refuse to provide 
	interventions the clinician finds morally objectionable. Multiple sources 
	of unresolvable moral disagreement make resolution in these terms 
	unlikely. One should instead focus on the parties' interests and the 
	different ways in which the health care delivery system can accommodate 
	them. In the specific case of pharmacists refusing to dispense emergency 
	contraception, alternative systems such as advanced prescription, 
	pharmacist provision, and over-the-counter sales may better reconcile the 
	client's interest in preventing unintended pregnancy and the pharmacist's 
	interest in not contravening his or her conscience. Within such an 
	analysis, the ethicist's role becomes identifying and clarifying the 
	parties' morally relevant interests.
 
	
	Askin J.  Physicians need freedom of conscience. Medical Post 44.16 
	(Jun 13, 2008): 11-12.
	Joe Askin
	
		- Abstract: Medically trained English philosopher Dr. John Locke (1632-1704) held 
	that freedom of conscience is the basis of individual rights, thereby 
	limiting intrusion by the state into the lives of its citizens. Although 
	Canada has recognized this as the first fundamental freedom in the Charter 
	of Rights and Freedoms, anyone who has argued a human rights case knows 
	just how costly and trying such a suit can be.
 
	
	Aultman J. 
	Moral courage through a collective voice. Am J 
	Bioeth. 2008 Apr;8(4):67-9; author reply W3-4. PubMed PMID: 18576265.
	Julie Aultman
	
		- Hoas (2008), I could not help but question whether some of the ethical 
	issues highlighted by the authors are unique to rural healthcare, such as 
	the lack of moral courage among healthcare professionals to take action 
	when unethical situations arise. In discussing some of these rural, 
	ethical issues amongmycolleagues, medical residents, and students, who 
	have observed and practiced rural healthcare, I not only confirmed what 
	the authors thoroughly researched, but a thoughtful and reflective 
	discussion about their own experiences and some of the unique ethical 
	challenges they face ensued. The point is: discourse is a critical 
	starting point for addressing and resolving these ethical problems and 
	issues in rural healthcare. Discussions among diverse groups of rural and 
	urban healthcare professionals and patients can foster a unified 
	understanding of the politics, emotions, and values that continue to 
	impair moral courage and ethical action. In this commentary I discuss 
	various pedagogical approaches for fostering moral courage such as 
	collective discourse, intended to serve as a companion to the three 
	conditions, outlined by Cook and Hoas (2008), surrounding a healthcare 
	provider's willingness to take action, including: "the extent to which 
	one: 1) recognizes an issue as ethically problematic, 2) believes that 
	the repercussions of one's actions can be handled, and 3) believes 
	that positive changes will occur as a result of one's efforts" (52). . .
 
	
	Beal MW, Cappiello J. 
	Professional right of conscience. J 
	Midwifery Womens Health. 2008 Sep-Oct;53(5):406-12; quiz 487-8. PubMed PMID: 
	18761293.
	Margaret W. Beal, CNM, PhD, and Joyce Cappiello,
	
		- In recent years there have been numerous media reports of professionals 
	attempting to expand the right of conscience and deny health care 
	services requested by consumers. While the media has focused the most 
	attention on pharmacists' right to refuse access to contraception, this 
	trend is an expansion of the right originally established to protect 
	professionals from being required to perform abortions or to provide 
	direct assistance with abortions. State legislatures have addressed this 
	issue, in some cases by overtly protecting consumers' rights and in other 
	cases by broadening professional right of conscience. In this article, 
	the literature on provider right of conscience is reviewed, and approaches 
	advised by professional organizations are discussed.
 
	
	
	Dan W. Brock
	
		- Abstract: Some medical services have long generated deep 
	moral controversy within the medical profession as well as in broader 
	society and have led to conscientious refusals by some physicians to provide those services to 
	their patients. More recently, pharmacists in a number of states have 
	refused on grounds of conscience to fill legal prescriptions for their 
	customers. This paper assesses these controversies. First, I offer a 
	brief account of the basis and limits of the claim to be free to act on 
	one's conscience. Second, I sketch an account of the basis of the medical 
	and pharmacy professions' responsibilities and the process by which they 
	are specified and change over time. Third, I then set out and defend what I 
	call the ''conventional compromise'' as a reasonable accommodation to 
	conflicts between these professions' responsibilities and the moral 
	integrity of their individual members. Finally, I take up and reject the 
	complicity objection to the conventional compromise. Put together, this 
	provides my answer to the question posed in the title of my paper: 
		"Conscientious refusal by physicians and pharmacists: who is obligated 
	to do what, and why?".
 
	
	
	Robert A. Buerki
	
		- Any consideration of the conscience clause in American pharmacy begs a 
	consideration of the concept of "conscience," and how this moral value 
	has affected the practice of America's pharmacists. Conscience may be 
	seen as an inherited intuitive sense that has evolved over thousands 
	of years of human existence, an innate sense of righ~ and wrong, or 
	simply a set of values derive<, l. from individual experiences. There are 
	three distinct arenas in which conscience may be exercised: 
	individual conscience, religious conscience, and professional conscience. 
	. .
 
	
	Lucy M. Candib 
	
		- As a family physician educator, I am proud to see that the editor of 
	Family Medicine recognized theimportance of publishing the articles by 
	Dehlendorf  and Brahmi  on abortion training in family medicine 
	residency training programs. . .
 
	
	
	Julie D. Cantor
	
		- A new rule from the Department of Health and Human Services (DHHS) has emerged as the latest battleground in 
	the health care conscience wars. Promulgated during the waning months 
	of the Bush administration, the rule became effective in January. 
	Heralded as a "provider conscience regulation" by its supporters and 
	derided as a "midnight regulation" by its detractors, the rule could alter 
		the andscape of federal conscience law. . . 
 
	
	Carlin K, Burcher B. 
	Conscientious Objection: An Ethical Perspective during a Health 
	Emergency? 
	ICNE YALE #66
	Kathleen Carlin, Betty Burcher
	
		- Abstract: During health emergencies, whether pandemics or natural or 
	man-made disasters, there is an increased demand for nurses and other health 
	care workers to care for the sick or injured and to protect the well-being 
	of the whole community. In fact, in many jurisdictions there may be 
	emergency legislation compelling health workers to work during a crisis.  
	In anticipation of potential crises like a pandemic influenza, nurses have 
	deliberated on their responsibilities during a major health emergency and 
	have articulated that during a health emergency they would feel pulled 
	between their obligations to their patients, their families and their own 
	well. While during the SARS outbreak in 2003 nurses were lauded for "going 
	above and beyond the call of duty", an alternative perspective is 
	that "one's obligations to oneself are no less moral in character than one's 
	obligation to others." 
 
	
	Historically, conscientious objection has been 
	used to decline service in the military for moral reasons; it has also been 
	adopted by nurses and other health professionals declining 	
	to work in patient-care areas or 
	take part in procedures that are not compatible with their values.
	
	This paper will examine the utility 
	of conscientious objection as an ethical perspective during a health 
	emergency: individual nurses deciding whether obligations to themselves 
	and/or to their families morally outweigh professional obligations. 
	Considering this choice as a genuine ethical dilemma may help nurses in 
	their decision making and help others understand nurses' decisions.
	
	Frank A. Chervenak, Laurence B. McCullough
	
		- Referral of pregnant patients for termination of pregnancy by physicians 
	morally opposed to the procedure is ethically controversial, with 
	polarized positions taken by physician organizations. Based on the 
	ethical principles of beneficence and respect for autonomy, we establish 
	the distinction between direct and indirect referral. Direct referral is 
	beneficence based and requires the referring physician to ensure that the 
	referral occurs. Indirect referral is autonomy based, with a 
	beneficence-based component that requires that the physician provide 
	information to the patient about health care organizations that will 
	provide competent medical care. We show that only indirect referral is 
	ethically required in healthy women for termination of an unwanted 
	pregnancy or a pregnancy complicated by fetal anomalies because the 
	indications for this procedure are solely autonomy based. Direct referral 
	for termination of pregnancy is not ethically required but is 
	permissible. Conscience-based objections to direct referral for termination 
	of pregnancy have merit; conscience-based objections to indirect referral 
	do not.
 
	
	
	Frank A. Chervenak, Laurence B. McCullough
	
		- In their article "Of More than One Mind: Obstetrician-Gynecologists' 
		Approaches to Morally Controversial Decisions in Sexual and Reproductive 
		Healthcare," Farr Curlin, Shira Dinner, and Stacy Tessler Lindau report 
		the results of a qualitative study of self-reported attitudes of 
		obstetrician-gynecologists toward decision making in the ethically 
		controversial clinical area of reproductive healthcare. Qualitative 
		research is useful for the generation of significant hypothesis. Curlin, 
		Dinner, and Lindau generate such a hypothesis: "within the one 
		profession of obstetrics and gynecology, there are different and 
		dissonant ideas about how a caring physician should approach medical 
		decision making in areas of moral ambiguity." Curlin, Dinner, and Lindau 
		are entirely correct to state: "These differences have implications for 
		ob/ gyns and their patients. ". . .
 
	
	
	Gary W. Clark, Ross Colt, Douglas Maurer, Kelly Latimer, Richard W. Sams 
	II, Gordon Zubrod
	
		- Imagine the following introduction to a future article in Family 
		Medicine: "Providing comprehensive care across the life cycle is a core 
		value in family medicine. One element of comprehensive care is office- 
		and home-based procedures. Euthanasia of the infirm elderly, mentally 
		retarded, and disabled infants is a procedural skill well suited to the 
		strengths of family physicians. Limited attention has been given to this 
		procedure. Our study was designed to determine the barriers to providing 
		euthanasia services to patients." . . .
 
	
	Collier R. 
	Morals, medicine and geography. CMAJ. 2008 Nov 
	4;179(10):996-7. PubMed PMID: 18981435; PubMed Central PMCID: PMC2572650.
	Roger Collier
	
		- The US government recently proposed a rule that will force hundreds 
	of thousands of health agencies to prove that they are not compelling 
	doctors to perform or make referrals for  -  or even provide clinical 
	information about  -  controversial procedures like abortion and 
	sterilization. Health policy changes north of the 49th parallel 
	suggest Canada is heading in a different direction. Doctors in both 
	countries have been prompted by new guidelines to reconsider the 
	effects of restricting physicians' freedom of conscience. Some believe 
	it will demoralize a segment of the profession and drive many to seek 
	new careers. Others claim that patients' rights to access legal services 
	make restrictions necessary. . .
 
	
	
	Farr A. Curlin
	
		- Physicians sometimes refuse to provide legally permitted medical services 
	on the grounds that they cannot do so in good conscience. Such 
	conscientious refusals are at least as old as the Hippocratic movement. 
	Yet new events, such as the refusal by health care professionals to 
	prescribe or dispense post-coital ("emergency") contraception, have 
	kindled new debates about what physicians are obligated to do when 
	patients request legal medical interventions to which their physicians have 
	moral objections. In a recent national survey, we found that a large 
	majority of physicians believe they are obligated in such circumstances 
	to present all possible options to the patient, including information 
	about obtaining the requested intervention, and to refer the patient to a 
	clinician who does not object to the requested intervention. Yet a 
	substantial minority of physicians - particularly those who are more 
	religious and/or who themselves object to common controversial 
	practices-disagree with these majority opinions . . .
 
	
	
	Alice S. Day
	
		- It was 5 p.m. on a Monday in a rural town when a 17-year-old high 
	school senior arrived 
	at the practice as the last walk-in patient of the day. She explained 
	to the nurse practitioner (NP) that during sexual intercourse with her 
	boyfriend on Friday evening, the condom had broken and she was afraid 
	that she might become pregnant. She had been away for the weekend, 
	arrived home late the night before and had attended a full schedule of 
	classes on Monday. She had wanted to seek help earlier but felt she 
	needed to be at all her classes for fear of her grades slipping and her 
	eligibility for a college scholarship diminishing. She was hoping to 
	be the first member of her family to go to college. . .
 
	
	Dickens BM. 
	Conscientious commitment.  The Lancet, Volume 371, Issue 9620, 
	Pages 1240 - 1241, 12 April 2008
	
		- In some regions of the world, hospital policy, negotiated with the 
		health ministry and police, requires that a doctor who finds evidence of 
		an unskilled abortion or abortion attempt should immediately inform 
		police authorities and preserve the evidence. Elsewhere, religious 
		leaders forbid male doctors from examining any part of a female 
		patient's body other than that being directly complained about. Can a 
		doctor invoke a conscientious commitment to medically appropriate and 
		timely diagnosis or care and refuse to comply with such directives?
 
	
	
	Christine Dehlendorf, Kevin Grumbach, Carole Joffe, 
	Dalia Brahmi, Marji Gold, David Engel
	
		- While we are well aware there are differences of opinion regarding 
	the morality of abortion, as described by Clark et al, our paper was 
	not designed to address this issue. Rather, given that abortion is 
	legal, is within the scope of family medicine, and one of the procedures 
	most frequently sought by our patients, we believe that family physicians 
	should have the opportunity to receive training in this procedure if 
	they desire. . .
 
	
	
	
		- Objectives: Assess attitudes 
	toward prenatal diagnosis (PND) and termination of pregnancy (TOP) for Down 
	syndrome (DS), hemophilia, lethal autosomal recessive disorder (LRD) and a 
	hypothetical late-onset neurodegenerative disorder (NDD) among healthcare 
	workers in one Sri Lankan district. 
 
	
	Methods: Self-administered questionnaire 
	(tested for content validity) completed by medical (n = 218) and nursing (n 
	= 368) students, nurses (n = 178) and doctors (n = 127). 
	Results: 
	Acceptability of PND was 94%, 91%, 86% and 71% respectively for LRD, DS, 
	hemophilia and NDD. Favorable attitudes toward TOP for DS (84%), and LRD 
	(82%) were higher compared with hemophilia (65%) and NDD (53%). There was 
	willingness to consider TOP for self/spouse for DS (79%), LRD (78%), 
	hemophilia (60%) and NDD (54%). The proportions willing to participate in a 
	pregnancy termination (DS 54%, LRD 51%, hemophilia 38%, NDD 38%) were lower. 
	Religious affiliation influenced attitudes regarding TOP with Christians 
	being more opposed than Buddhists. 
	Conclusions: There is acceptance of and 
	willingness to participate in TOP for fetal anomalies among Sri Lankan 
	healthcare workers. These findings have relevance for developing prenatal 
	diagnostic services in Sri Lanka. Religious affiliation among Asian doctors, 
	nurses (and patients) in developed countries is likely to determine 
	permissiveness toward PND and TOP. 
	Dickens BM.  
	Conscientious commitment. Lancet. 2008 Apr 
	12;371(9620):1240-1. PubMed PMID: 18415961.
	Bernard M. Dickens
	
		- In some regions of the world, hospital policy, negotiated with the 
	health ministry and police, requires that a doctor who finds evidence of 
	an unskilled abortion or abortion attempt should immediately inform 
	police authorities and preserve the evidence. Elsewhere, religious 
	leaders forbid male doctors from examining any part of a female patient's 
	body other than that being directly complained about. Can a doctor invoke 
	a conscientious commitment to medically appropriate and timely diagnosis 
	or care and refuse to comply with such directives? . . .
 
	
	
	Debora Diniz
	
		- Abstract: In Brazil, social science research ethics 
		is a held still under construction and subject to intense dispute. The 
		aim of this paper is to discuss how accepted principles of biomedical 
		research ethics can be incorporated into the ethical review of social 
		sciences, particularly open interviews, ethnographic research, and 
		participant observation. The paper uses a case study - the ethnographic 
		documentary Severinas Story - as the basis for analysis of the 
		methodological and ethical issues raised in social science research. To 
		promote ethical social science research, based on principles such as 
		human rights and the protection of vulnerable populations, institutional 
		review boards must be sensitive to the epistemological and 
		methodological particularities of all fields of human subjects research.
 
	
	
	D.P. Flynn
	
		- The introduction of conscience clauses after the 1973 US Supreme Court 
	decision in Roe v. Wade allowed physicians and nurses to opt out of 
	medical procedures, particularly abortions, to which they were morally 
	opposed. In recent years pharmacists have requested the same 
	consideration with regard to dispensing some medicines. This paper 
	examines the pharmacists' role and their professional and moral 
	obligations to patients in the light of recent refusals by pharmacists to 
	dispense oral contraceptives. A review of John Rawls's concepts of the 
		"original position" and the "veil of ignorance", along with 
	consideration of the concept of compartmentalisation, are used to assess 
	pharmacists' requests and the moral and legal rights of patients to have 
	their prescriptive needs met.
 
	
	Førde R, Aasland OG. 
	Moral distress among Norwegian doctors. J 
	Med Ethics. 2008 Jul;34(7):521-5. PubMed PMID: 18591286.
	R. Førde R, O.G. Aasland 
	
		- Abstract: Background: Medicine is full of value conflicts. Limited 
	resources and legal regulations may place doctors in difficult ethical dilemmas and 
	cause moral distress. Research on moral distress has so far been mainly 
	studied in nurses. 
 
	
	Objective: To describe whether Norwegian doctors 
	experience stress related to ethical dilemmas and lack of resources, and 
	to explore whether the doctors feel that they have good strategies for 
	the resolution of ethical dilemmas. 
	Design: Postal survey of a 
	representative sample of 1497 Norwegian doctors in 2004, presenting 
	statements about different ethical dilemmas, values and goals at their 
	workplace. 
	Results: The response rate was 67%. 57% admitted that it is 
	difficult to criticise a colleague for professional misconduct and 51% 
	for ethical misconduct. 51% described sometimes having to act against own 
	conscience as distressing. 66% of the doctors experienced distress 
	related to long waiting lists for treatment and to impaired patient care 
	due to time constraints. 55% reported that time spent on administration 
	and documentation is distressing. Female doctors experienced more 
	stress than their male colleagues. 44% reported that their workplace 
	lacked strategies for dealing with ethical dilemmas. 
	Conclusion: Lack 
	of resources creates moral dilemmas for physicians. Moral distress varies 
	with specialty and gender. Lack of strategies to solve ethical dilemmas 
	and low tolerance for conflict and critique from colleagues may 
	obstruct important and necessary ethical dialogues and lead to suboptimal 
	solutions of difficult ethical problems.
	Genuis SJ. 
	Discrimination on the basis of ethical orientation. 
	Can Fam Physician. 2008 Dec;54(12):1679-80. PubMed PMID: 19074702; PubMed 
	Central PMCID: PMC2602643.
	Stephen J. Genuis
	
		- Dr. Diane Kelsall's insightful editorial "Whose right?" highlights 
	some of the challenges associated with the policy proposed by the College 
	of Physicians and Surgeons of Ontario (CPSO) relating to restriction of 
	"freedom of conscience" for clinicians. It is troubling enough that the 
	Ontario Human Rights Commission (OHRC) perceives it has the clinical 
	perspicacity as well as the jurisdictional authority to arbitrate in 
	complex matters relating to physician-patient relationships; it is 
	even more perplexing that the CPSO would entertain such an infringement 
	on their professional membership. . . .
 
	
	
	Ann-Louise Glasberg, Sture Eriksson, Astrid Norberg
	
		- Aim: The main purpose of this study was to examine factors related to 
	'stress of conscience' i.e. stress related to a troubled conscience in 
	healthcare.
 
	
	Methods: A series of questionnaires was completed by 423 healthcare 
	employees in northern Sweden as part of this cross-sectional study. The 
	series of questionnaires comprised the 'Stress of Conscience 
	Questionnaire', 'Perception of Conscience Questionnaire', 'Revised Moral 
	Sensitivity Questionnaire', Social Interactions Scale, Resilience Scale 
	and a Personal/Work Demographic form. 
	Results: Nonautomatic stepwise regression analysis with forward 
	inclusion resulted in a model that explained approximately 39.6% of the 
	total variation in stress of conscience. Individual items associated with 
	stress of conscience were; perceiving that conscience warns us against 
	hurting others while at the same time not being able to follow one's 
	conscience at work and having to deaden one's conscience to keep working 
	in healthcare. In addition moral sensitivity items belonging to the 
	factor 'sense of moral burden' were; one's ability to sense patient's 
	needs means that one is doing more than one has strength for, having 
	difficulty to deal with feelings aroused when a patient is suffering and 
	one's ability to sense patient's needs means feeling inadequate all added 
	significantly to the model. In addition, deficient social support from 
	superiors, low levels of resilience and working in internal medicine 
	wards were all associated with stress of conscience. 
	Conclusion: Healthcare employees seem to experience stress of 
	conscience in their everyday practise. Particular contributing factors 
	are not being able to follow one's conscience at work, and the 'negative' 
	dimension of moral sensitivity – moral burden – which is an inability to 
	deal with moral problems. Thus, in order for conscience and moral 
	sensitivity to become an asset instead of a burden, healthcare employees 
	need to be able to express their moral concerns.
	
	John J. Hardt
	
		- This article critically evaluates the conception of conscience underlying 
	the debate about the proper place and role of conscience in the clinical 
	encounter. It suggests that recovering a conception of conscience rooted 
	in the Catholic moral tradition could offer resources for moving the 
	debate past an unproductive assertion of conflicting rights, namely, 
	physicians' rights to conscience versus patients' rights to socially and 
	legally sanctioned medical interventions. It proposes that conscience is 
	a necessary component of the moral life in general and a necessary 
	resource for maintaining a coherent sense of moral agency. It demonstrates 
	that an earlier and intellectually richer conception of conscience, in 
	contrast with common contemporary formulations, makes the judgments of 
	conscience accountable to reason, open to critique, and protected from 
	becoming a bastion for bigotry, idiosyncrasy, and personal bias.
 
	
	
	Megan-Jane Johnstone
	
		- On 10 October 2008 following a highly charged emotional debate and an 
	historic conscience vote in State Parliament, abortion was decriminalised 
	in Victoria. For many observers this reform was long overdue and simply 
	brought the law into line with common practice in Victoria. It also 
	meant that women having abortions and the doctors who performed them no 
	longer risked criminal prosecution, which if successful carried a 
	penalty of up to 10 years jail, a consequence that supporters regarded as 
	unconscionable. . .
 
	
	
	Christina Juthberg, Sture Eriksson, Astrid Norberg, Karin Sundin
	
		- Aims. The aim was to study the relationship between conscience and 
	burnout among care-providers in older care, exploring the relationship 
	between stress of conscience and burnout, and between perceptions of 
	conscience and burnout. 
 
	
	Background. Everyday work in healthcare presents 
	situations that influence careproviders' conscience. How care-providers 
	perceive conscience has been shown to be related to stress of conscience 
	(stress related to troubled conscience), and in county council care, an 
	association between stress of conscience and burnout has been found. 
	Method. A questionnaire study was conducted in municipal housing for older 
	people. A total of 166 care-providers were approached, of which 146 (50 
	registered nurses and 96 nurses' aides/enrolled nurses) completed a 
	questionnaire folder containing the stress of conscience questionnaire, 
	the perceptions of conscience questionnaire and the maslach burnout 
	inventory. Multivariate canonical correlation analysis was used to 
	explore relationships. 
	Result. The relationship between stress of 
	conscience and burnout indicates that experiences of shortcomings and of 
	being exposed to contradictory demands are strongly related to burnout 
	(primarily to emotional exhaustion). The relationship between perceptions 
	of conscience and burnout indicates that a deadened conscience is 
	strongly related to burnout.
	Conclusion. Conscience seems to be of importance in relation to burnout, 
	and suppressing conscience may result in a profound loss of wholeness, 
	integrity and harmony in the self. 
	Relevance to clinical practice. The 
	results from our study could be used to raise awareness of the importance 
	of conscience in care.
	
	Adriana Lamačková
	
		- Abstract: This article explores the issue of 
	conscientious objection invoked by health professionals in the reproductive 
	and sexual health care context and its impact on women's ability to access 
	health services. The right 
	to exercise conscientious objection has been recognized by many 
	international and European scholars as being derived from the right to 
	freedom of thought, conscience and religion. It is not, however, an absolute 
	right. When the exercise of conscientious objection conflicts with other 
	human rights and fundamental freedoms, a balance must be struck between 
	the right to conscientious objection and other affected rights such as 
	the right to respect for private life, the right to equality and 
	non-discrimination, and the right to receive and impart information. 
	Particularly in the reproductive health care context, states that allow 
	health professionals to exercise conscientious objection must accommodate 
	this in such a way that its exercise does not compromise women's access 
	to health services. Th is article analyses the European Court of Human 
	Rights' decision on admissibility in Pichon and Sajous v. France (2001) and 
	argues that a balancing approach should be applied in cases of 
	conscientious objection in the sexual and reproductive health care 
	context.
 
	
	
	John D. Lantos, Farr A. Curlin
	
		- Consider the following three cases: A paediatrician is called to the 
		delivery room as a woman is about to give birth to a premature baby at 
		24 weeks. The mother and father request that the baby not be 
		resuscitated. The baby weighs 760 grams and has an Apgar score of 6 at 1 
		min. The paediatrician ignores the parents' requests for comfort care 
		and intubates the baby. 
 
	
	A full-term baby with Trisomy 18 develops cyanosis. 
	An echocardiogram reveals a large ventricular septal defect. The parents 
	request surgery. The cardiac surgeon refuses to operate based upon the 
	baby's poor prognosis for a 'reasonable quality of life.' 
	A 15-year old girl is seen for a sports physical. She 
	asks for a prescription for birth control pills and asks the paediatrician 
	not to tell her parents that she is sexually active or using oral 
	contraceptives. The doctor refuses to prescribe the pills without parental 
	permission. . .
	
	Allyson J. Lipp
	
		- Abstract: Aim: To review the literature on attitudes of health care professionals to 
		termination of pregnancy and draw out underlying themes.
 
	
	Background: The controversy surrounding therapeutic abortion is unremitting with 
		public opinion often polemic and unyielding. Nurses and midwives are at 
		the centre of this turmoil, and as more termination of pregnancies are 
		being performed using pharmacological agents, they are becoming ever 
		more involved in direct care and treatment. Attitudes towards 
		termination of pregnancy have been found to vary depending on the 
		nationality of those asked, the professionals involved, experience in 
		abortion care, as well as personal attributes of those asked such as 
		their obstetric history and religious beliefs. The reasons for women 
		undergoing abortion were also found to influence attitudes to a greater 
		or lesser extent.
	Conclusion: This paper explores research studies undertaken into attitudes of 
		health care professionals towards termination of pregnancy, to 
		appreciate the complexity of the debate. It is possible that the 
		increased involvement of nurses in termination of pregnancy, that 
		current methods demand, may lead to change in attitudes. Consideration 
		is given to a number of remedies to create an optimum environment for 
		women undergoing termination of pregnancy.
	Relevance to clinical practice: This paper establishes via a literature review that attitudes in 
		those working in this area of care depend upon a variety of influences. 
		Suggestions are made for measures to be put into place to foster 
		appropriate attitudes in those working in termination of pregnancy 
		services.
	
	Renée Mirkes 
	
		- This essay sets down three directives for conscientiously objecting 
	clinicians -  physicians, particularly obstetrician/gynecologists, trained 
	in NaProTechnology by the Pope Paul VI Institute and Creighton University 
	School of Medicine and any medical professionals who share their natural 
	law vision of reproductive health care- to protect their right to 
	well-formed conscientious objection in reproductive medicine. Directive 
	one: understand the nature of a wellformed conscience and its rightful 
	exercise. Directive two: fulfill all reasonable American College of 
	Obstetricians and Gynecologists' requirements for conscientious refusal. 
	Directive three: execute a political strategy to protect health-care 
	conscience rights.
 
	
	Powell T. 
	LVADs and the limits of autonomy.
	(Letter) Hastings Cent Rep. 
	2008 May-Jun;38(3):4-5; author reply 5. PubMed PMID: 18584849.
	Tia Powell
	
		- I read with concern the recent case study ("Doctor, Will You Turn 
		Off My LVAD?" Jan-Feb 2008) regarding deactivation of LVADs. Jere my 
		Simon's commentary argues that physicians may decline to deactivate an 
		LVAD even at the request of a capable patient. He finds that the 
		patient's right to decline any and all medical treatment does not apply 
		here since the LVAD, once implanted, is no longer a treat ment, but more 
		like a patient's organ. . .
 
	
	
	N.N. Sarkar
	
		- Objective: The aim of this study was to focus on barriers, controversy 
	and perceived risk associated with use of emergency contraception (EC) 
	after unprotected sexual intercourse. 
 
	
	Design and method: Data were 
	extracted from the literature of the MEDLINE database service. Original 
	articles, surveys, clinical trials and investigations are considered for 
	this review. 
	Results: After the introduction of over-the-counter and 
	advance prescription provisions for easy access to EC, the rural– urban 
	disparity in availability of EC poses a barrier to use of EC for rural 
	dwellers. The socio-economically weaker section of the population is 
	unable to purchase EC because of low or no income, although there is 
	mounting pressure by the State for prevention of unintended pregnancy by 
	use of EC. Some healthcare providers have objected to provide EC to the 
	patient on the grounds of their conscience and morality. Some providers 
	and users have also expressed concerns about the possibility of increase 
	in irresponsible sexual behaviour because of easy access to EC. There may 
	be some truth in their apprehension because nearly 3.2 million unintended 
	pregnancies occur annually despite various contraceptive options available 
	in USA and the extensive use of EC is directly proportional to the volume of 
	unprotected sexual intercourse, which is too directly proportional to the 
	quantum of risk for contacting sexually transmitted infections (STIs) â„ 
	AIDS. 
	Conclusions: Emergency contraception is a one-off postcoital 
	procedure and not to be opted after every sexual intercourse. Controversy 
	about EC may be resolved if it is used within this limit. Extensive use 
	of EC may increase risk for contacting STIs â„ AIDS.
	Simon J, Fischbach R.  
	LVADs and the limits of autonomy. 
	(Author reply) Hastings Cent Rep. 2008 May-Jun;38(3):4-5; author reply 5. 
	PubMed PMID: 18584849
	Jeremy Simon, Ruth Fischbach
	
		- We thank Tia Powell for responding to our case commentary, but we 
		are puzzled by the strength of her reaction to Jeremy Simon's argument. 
		We do not consider its suggestions to be outside the bounds of law or 
		ethics. To make the argument sharper, consider an internally powered, 
		fully self-contained, implantable artificial heart with no external 
		connections, which, while not currently available, is certainly not 
		fantasy. Powell would argue that a patient has the right to have this 
		device removed should he desire. We believe that this claim is 
		debatable, as we do not see a clear ethical difference between a fully 
		implanted mechanical heart and a transplanted biological heart, which no 
		physician would remove, even at a patient's request. . .
 
	
	
	
		 
	
	Daniel Sperling
	Abstract:   Some argue that law is the discipline 
	which has mixed most prominently with bioethics, and that bioethicists can 
	be seduced by the law and by legal procedures. While there is a great 
	consensus that law has influenced bioethics in significant and important 
	ways, certainly much more than it influenced other "law and..." disciplines, 
	scholars dispute as to the exact role which the law plays in bioethics, the 
	goals it purports to achieve and the implications of its relationship with 
	the discipline of bioethics. This Article aims to explore the relationship 
	between law and bioethics and calls for a careful evaluation of the law's 
	contributions to bioethics. Specifically, it will be argued that while the 
	law contributed extensively to the development of bioethics it introduced a 
	language and a way of thinking that are not necessarily appropriate to 
	handle and resolve bioethical issues, and which, in significant portion of 
	cases, was irrelevant and had little impact on decision-making and 
	behavioral patterns of patients. Moreover, law's interference with and shape 
	of bioethical issues resulted in serious threats to some of the major 
	characteristic of such issues and brought about to other societal concerns 
	which the law did not consider seriously. The article will conclude that it 
	is now time to re-evaluate the direction in which bioethics should take in 
	the next years, specifically whether it should continue to integrate with 
	law or other disciplines, or alternatively become a more autonomous and 
	independent discipline.
	
	Jennifer E. Spreng
	Abstract: Stories abound of both women with 
	prescriptions turned away at the pharmacy door and members of the most 
	trusted health care 
	profession losing jobs and running afoul of ethics rules. Scholars have 
	spilt much intellectual ink divining whether a pharmacist must dispense 
	Plan B, the primary emergency contraceptive. Now, many are calling for a 
	common law "duty to dispense" that could serve as a foundation for a 
	wrongful pregnancy action against a dissenting pharmacist. Such a duty 
	simply does not arise from established tort principles or 
	pharmacist-specific precedents. Only in rare circumstances will a 
	pharmacist and customer have the type and quality of relationship giving 
	rise to a duty to dispense. Nevertheless, law changes over time and makes 
	allowances for unique circumstances. Pharmacists are taking on more 
	responsibility for drug therapy. They have an awkward role in the 
	distribution of Plan B. Moreover, while the law may protect pharmacists' consciences, it may not be so receptive to pharmacists-as-activists. 
	Dissenting pharmacists can take practical steps to protect themselves 
	today, but tomorrow is another day.
		
		
			- Introduction:  The United States Food and Drug	Administration’s decisions in the past
decade to approve both RU-486 
		and Plan B have created crises of conscience for some religious 
		pharmacists. RU-486 induces abortion in the first trimester of 
		pregnancy without surgical intervention and Plan B is a two-pill 
		"emergency contraceptive" regimen that may have abortifacient 
		properties. Some religious pharmacists prefer not to dispense the drugs
		because their religious scruples forbid them from participating in 
		abortions.  Some also object to dispensing daily oral 
		contraceptives6 on the same basis. 
	
	
	Keiko Suenaga
	
		- This article introduces the life of Shomatsu Yokoyama ( 1913-1992), 
		a physiologist and military doctor, to the reader. During the 
		Sino-Japanese war, Yokoyama disobeyed orders given by his superior 
		officer to conduct inhumane medical experiments on humans. 
 
	
	Not only in Unit 731, but also in other units, many 
	military doctors were involved in medical crimes against residents of the 
	areas invaded by the Japanese Army. Inhumane living-body experiments and 
	vivisections were widely conducted at that time. 
	There were, however, a small number of researchers 
	who did not follow the orders to perform human body experiments. 
	Highlighting the life of such a rare researcher for the purpose of 
	ascertaining the reason for his noncompliance with the order will provide us 
	with insights on medical ethics. 
	When Yokoyama was a student, his teacher, Professor 
	Rinya Kawamura, informed him that he had been requested by the army to 
	conduct special experiments. The remuneration for conducting such 
	experiments was over 10 times more than the research fund allocated to the 
	professor. Kawamura declined the request on the grounds that accepting it 
	was against humanity. Kawamura warned Yokoyama that he might face the same 
	situation in the future and asked Yokoyama to mark his words. 
	Yokoyama was called to Ko-1855 Unit in 1944 and 
	ordered to carry out living-body experiments by his superior officer. He 
	disregarded the order, remembering Kawamura's words. As a result, he was 
	dispatched to the dangerous frontlines. 
	This article explores why Yokoyama was able to 
	disobey the order to conduct inhumane experiments while shedding light on 
	his personal background and his relationship with Rinya Kawamura. This 
	article chronicles the life of one medical researcher who followed the 
	dictates of his conscience during and after the war.
	
	Daniel P. Sulmasy
	
		- Abstract: The literature on conscience in medicine has 
	paid little attention to what is meant by the word 'conscience.' This 
	article distinguishes between retrospective and prospective conscience, 
	distinguishes synderesis from conscience, and argues against intuitionist 
	views of conscience. Conscience is defined as having two interrelated 
	parts: (1) a commitment to morality itself; to acting and choosing 
	morally according to the best of one's ability, and (2) the activity of 
	judging that an act one has done or about which one is deliberating would 
	violate that commitment. Tolerance is defined as mutual respect for 
	conscience. A set of boundary conditions for justifiable respect for 
	conscientious objection in medicine is proposed.
 
	
	
	Alexander C. Tsai
	
		- Savulescu's analysis and comment on conscientious objection in 
	medicine would benefit from a more carefully drawn distinction between 
	conscientious objectors in the public vs. private sector. Savulescu 
	(2007) writes that physician conscientious objection could affect 
		"potentially 40 million American patients" and refusal to refer could 
	affect "potentially 100 million American patients", but he makes no 
	distinction between whether they are seeking care in the public vs. 
	private sector. . .
 
	
	Tully P. Morally Objectionable Options Informed Consent and Physician 
	Integrity.  National Catholic Bioethics Quarterly, Autumn, 2008 491-504 
	Patrick A. Tully
	
		- Recent and forthcoming medical technologies and practices (e.g., in vitro 
	fertilization, somatic cell nuclear transfer, oocyte-assisted reprogramming, 
	the creation of chimeras and "savior siblings") are likely to multiply 
	the occasions for a type of dilemma that physicians have long faced: What 
	are doctors to do when a treatment that they believe to be seriously 
	morally wrong is available and indicated for one of their patients? . . .
 
	
	
	Helen von Kohlen
	
		- Abstract:
	In this work the institutionalisation of Hospital Ethics Committees in the 
	USA and in Germany will be analysed by focussing on nurses' participation 
	and the representation of caring issues. Therefore, questions about the 
	design of Hospital! Ethics Committees and how their practices really look 
	like, will be raised. The central question is, how the tradiÂtional care 
	ethos of the helping professions in medicine and nursing can find its place 
	in discussions of these committees while hospitals have increasingly been 
	organised along economic criteria. 
	
 
	
	
	The comparative research combines a literature study, expert interviews and 
	historiÂcal analysis of Hospital Ethics Committees in the USA (first part) 
	with an investigation into theoretical approaches that understand care as a 
	practice (second part). The empirical study of Ethics Committees in Germany 
	took place over two
	
	years in three Ethics ComÂmittees in a Lutheran 
	hospital, a Catholic hospital and a Communal one that had
	been privatised. The 
	field study is based on participant observations and interviews. 
	
	
	For the overall research, Adele Clarke's work of 
	Situational Analysis: (2005) 
	proved to be fundamental since it offered to combine historical, conceptual 
	and ethnographic apÂproaches. The gathered data were structured and 
	interpreted in the framework of qualitative
	content analysis. 
	
	
	The analysis of the US- American development shows under which influences a 
	new type of consultation, namely multidisciplinary ethics consultation as a
	shared-deciÂsion-making process could unfold. Personal fates like 
	the story of Karen Quinlan and the so-called "Baby-Doe-Cases" contributed to 
	the establishment of Hospital Ethics Committees. An acceleration of the
	growth of these committees were accreditation processes of hospitals that would demand such an 
	instrument to deal with ethical conflicts. USÂ American governmental 
	intervention could also support its development, mainly to prevent
	law-suits.
	
	Nurses' participation in US- American Hospital Ethics Committees has been a 
	matÂter of concern since the 1980is. Studies could show that nurses were 
	members of these committees, but they would not bring in their unique 
	ethical issues. In order to focus more on nurses' 
	specific conflicts, between 1980 and 1990 
	Nursing Ethics Committees were 
	established. Discussions in Hospital Ethics Committees were framed by a 
	principle based model. Respect for autonomy became the leading principle. 
	Hereby, conflicts with regard to a practices of care
	were rather marginalized. Nevertheless, 
	a debate about care ethics took place 
	in the nursing scientific community when Carol Gilligan had published her 
	research In a Different Voice (1982). In the 1990's mainly 
	political (feminist) ethicists worked on theoretical approaches to 
	understand care as a practice. The refined underÂstanding of care by Joan 
	Trento, Margaret Urban Walker and Elisabeth Conradi were especially helpful 
	to describe the unseen work of care in the data given by the participant 
	observations.
	
	 My 
	observations and Interviews 
	in the field work show
	that care practices in the 
	tradition of Hippocratic Medicine are no longer self-evident for the 
	helping professions. Physicians and nurses do rather struggle for a care 
	ethos especially with regard to end-of-life questions and regulations of 
	tube-feeding. The "cases" for ethics consultation brought into the 
	committees by physicians and nurses did not rarely emerge as social problems 
	and as a lack of professional competence. The problems appeared to be 
	solvable by transÂlating them into a language of principles and making the 
	process manageable. These principle-based discussions in the practical 
	arena of the hospital resemble discourse practices embedded within the 
	larger bioethical debates on the political arena. Technical proceÂdures 
	given my management and administration do fit into the use of abstract 
	principles and contribute to a language that limits the 
	possibilities to think - what is at stake for
	patients - in terms of caring 
	relations rather than thinking in terms of rules, regulations and control. 
	
	Jerome R. Wernow, Donald G. Grant
	
		- Background: For over 30 years, pharmacists have exercised the right to 
	dispense medications in accordance with moral convictions based upon a 
	Judeo- Christian ethic. What many of these practitioners see as an 
	apparent shift away from this time-honored ethic has resulted in a 
	challenge to this right. 
 
	
	Objective: To review and analyze pharmacy 
	practice standards, legal proceedings, and ethical principles behind 
	conflicts of conscientious objection in dispensing drugs used for 
	emergency contraception. 
	Data sources: We first searched the terms 
	conscience and clause and Plan B and contraception and abortion using 
	Google, Yahoo, and Microsoft Networks (2006–September 26, 2008). Second, 
	we used Medscape to search professional pharmacy and other medical 
	journals, restricting our terms to conscience, Plan B, contraceptives, 
	and abortifacients. Finally, we employed Loislaw, an online legal 
	archiving service, and did a global search on the phrase conscience clause 
	to determine the status of the legal discussion. 
	Data synthesis: To 
	date, conflicts in conscientious objection have arisen when a pharmacist 
	believes that dispensing an oral contraceptive violates his or her moral 
	understanding for the promotion of human life. Up to this time, cases in 
	pharmacy have involved only practitioners from orthodox Christian faith 
	communities, primarily devout Roman Catholics. A pharmacist's right to 
	refuse the dispensing of abortifacients for birth control according to 
	moral conscience over against a woman's right to reproductive birth 
	control has created a conflict that has yet to be reconciled by licensing 
	agents, professional standards, or courts of law. 
	Conclusions: Our 
	analysis of prominent conflicts suggests that the underlying worldviews 
	between factions make compromise improbable. Risks and liabilities are 
	dependent upon compliance with evolving state laws, specific disclosure of a 
	pharmacist's moral objections, and professionalism in the handling of 
	volatile situations. Objecting pharmacists and their employers should 
	have clear policies and procedures in place to minimize workplace 
	conflicts and maximize patient care.
	
	Mark R. Wicclair
	Abstract: In response to physicians who refuse to 
	provide medical services that are contrary to their ethical and/or 
	religious beliefs, it is sometimes asserted that anyone who is not willing to provide legally and 
	professionally permitted medical services should choose another 
	profession. This article critically examines the underlying assumption 
	that conscientious objection is incompatible with a physician's professional 
	obligations (the "incompatibility thesis"). Several accounts of the 
	professional obligations of physicians are explored: general ethical 
	theories (consequentialism, contractarianism, and rights-based theories), 
	internal morality (essentialist and non-essentialist conceptions), 
	reciprocal justice, social contract, and promising. It is argued that 
	none of these accounts of a physician's professional obligations 
	unequivocally supports the incompatibility thesis.
	
	Robin Fretwell Wilson
	
		- Introduction: Refusals by individual pharmacies and pharmacists to fill 
	prescriptions for emergency contraceptives ("EC") have dominated news 
	headlines, from the Washington Post to the Miami Herald. In the act that 
	sparked a firestorm of controversy, an Eckerd pharmacist refused to fill 
	a rape victim's prescription for Plan B. A few months later, 11 Alabama 
	nurses resigned positions at state clinics rather than provide EC against 
	their moral convictions. These refusals do not seem to be driven by 
	moral concerns about promiscuity, since pharmacists have refused to 
	dispense Plan B to married couples as well. Instead, the refusals 
	reflect moral and religious concerns about facilitating an act that would 
		cut-off a potential human life. . .