Footnotes (11)



Conscientious Objection by Health Care Providers

Thaddeus Mason Pope

Mitchell Hamline School of Law; Australian Health Law Research Center, QUT; Saint Georges University; Alden March Bioethics Institute

January 6, 2011

Lahey Clinic Journal of Medical Ethics, Vol. 18, No. 1, Winter 2011

Conscience clauses are state and federal statutes and regulations that protect the rights of health care providers to decline to provide or participate in health services that violate their religious or moral beliefs. But for such legal protection a provider’s refusal of treatment could result in civil, criminal and/or disciplinary sanctions. Conscience clauses vary in strength and scope. But there is increasing consensus that the right of the provider to conscientiously object to the performance of health services must be balanced against the need to ensure patient access to those services. This brief article observes that two key components of this equilibrium are the duty to transfer and the duty to treat in emergency situations.

Number of Pages in PDF File: 2

Keywords: conscience clauses, conscientious objection, health care providers, health law

JEL Classification: K32

Open PDF in Browser Download This Paper

Date posted: January 9, 2011 ; Last revised: November 6, 2013

Suggested Citation

Pope, Thaddeus Mason, Conscientious Objection by Health Care Providers (January 6, 2011). Lahey Clinic Journal of Medical Ethics, Vol. 18, No. 1, Winter 2011. Available at SSRN: http://ssrn.com/abstract=1736183

Contact Information

Thaddeus Mason Pope (Contact Author)
Mitchell Hamline School of Law ( email )
875 Summit Avenue
Saint Paul, MN 55105
United States
651-695-7661 (Phone)
901-202-7549 (Fax)
HOME PAGE: http://www.thaddeuspope.com
Australian Health Law Research Center, QUT ( email )
2 George Street
Brisbane, Queensland 4000
Saint Georges University ( email )
West Indies
HOME PAGE: http://www.thaddeuspope.com
Alden March Bioethics Institute ( email )
47 New Scotland Ave
MC 153
Albany, NY 12208
United States
HOME PAGE: http://www.thaddeuspope.com
Feedback to SSRN

Paper statistics
Abstract Views: 1,255
Downloads: 234
Download Rank: 89,910
Footnotes:  11

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.344 seconds