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The Ethical Justification for Conscience Clauses in Nurse-Midwifery Practice: Context, Power, and a Changing
Meghan Eagen-Torkko1, Amy J Levi2
1School of Nursing and Health Studies, University of Washington Bothell, Bothell, Washington.
Journal of Midwifery & Women'S Health
|November 28, 2020
Summary
Conscientious objection in healthcare, particularly for sexual and reproductive services, faces ethical conflicts due to recent regulatory changes favoring provider rights. This challenges the sustainability of balancing patient access with provider moral concerns.
Area of Science:
- Bioethics
- Healthcare Law
- Medical Ethics
Background:
- Conscientious objection has evolved from military service refusal to healthcare provider moral concerns.
- Existing guidance for conscientious objection in nursing and midwifery is challenged by the current political climate.
- Recent federal regulatory changes have prioritized provider conscience clauses, impacting patient care.
Purpose of the Study:
- To examine the conflicts arising from conscientious objection in healthcare within the current political landscape.
- To assess the sustainability of current conscientious objection policies.
- To analyze the ethical obligations of healthcare providers, including justice and prompt referral.
Main Methods:
- Analysis of the evolution of conscientious objection in healthcare.
- Examination of current political and regulatory changes impacting conscience clauses.
- Ethical analysis of provider obligations versus patient rights in sexual and reproductive care.
Main Results:
- The current political climate and regulatory shifts create significant conflicts for conscientious objection in healthcare.
- Ethical requirements for prompt referral in sexual and reproductive care are increasingly difficult to meet.
- A potential conflict exists between provider rights and the ethical obligation to ensure patient access to care.
Conclusions:
- The current framework for conscientious objection in healthcare may be unsustainable due to conflicting ethical obligations.
- There is an urgent need to re-evaluate the balance between provider conscience rights and patient access to care, especially in sensitive areas.
- The findings highlight the tension between justice, provider autonomy, and patient well-being in contemporary healthcare ethics.
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