Conscientious Objection by Health Care Providers

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

2 Pages Posted: 9 Jan 2011 Last revised: 6 Nov 2013

See all articles by Thaddeus Mason Pope

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Alden March Bioethics Institute; Saint Georges University

Date Written: January 6, 2011

Abstract

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.

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

JEL Classification: K32

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: https://ssrn.com/abstract=1736183

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Avenue
Room 320
Saint Paul, MN 55105
United States
651-695-7661 (Phone)

HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Alden March Bioethics Institute ( email )

47 New Scotland Ave
MC 153
Albany, NY 12208
United States

HOME PAGE: http://www.thaddeuspope.com

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

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