2009
		
		
	
	
	
		- . . . The introduction of discriminatory legislation into North American 
	pharmacy practice that began in the mid-1990s is a sign of the times. . 
	.Ensuing policies promote patient choice above all else and take no account 
	of the democratically protected rights of freedom of conscience, religion, 
	and expression of all individuals. . .
		- Abstract: Health care professionals may have moral objections to particular 
	medical interventions. They may refuse to provide or cooperate in the 
	provision of these interventions. Such objections are referred to a 
	conscientious objections. Although it may be difficult to characterize or 
	validate claims of conscience, respecting the individual physician's 
	moral integrity is important. Conflicts arise when claims of conscience 
	impede a patient's access to medical information or care. A physician's conscientious objection to certain interventions or treatments may be 
	constrained in some situations. Physicians have a duty to disclose to prospective patients treatments they refuse to perform. As part of 
	informed consent, physicians also have a duty to inform their patients of 
	all relevant and legally available treatment options, including option 
	to which they object. They have a moral obligation to refer patients to 
	other health care professionals who are willing to provide those services 
	when failing to do so would cause harm to the patient, and they have a 
	duty to treat patients in emergencies when referral would significantly 
	increase the probability of mortality or serious morbidity. Conversely, 
	the health care system should make reasonable accommodations for 
	physicians with conscientious objections
Baker R. 
	Conscience and the unconscionable. Bioethics. 2009 
	Jun;23(5):ii-iv. 
	Review. PubMed PMID: 19476456.
	
		- A year ago I sat between a Catholic priest and a bioethicist on a 
	panel debating President Bush's initiative to extend 'antidiscrimination' protections to health professionals who refuse to 
	perform a 'legal medical service or procedure' for 'reasons of 
	conscience.' These 'civil rights' protections were designed to protect 
	health professionals against their professional societies and their 
	employers who, the Bush administration claimed, 'would force physicians 
	to either violate their conscience by referring patients for abortions . 
	. . or risk losing their board certification,' or their job. As Assistant 
	Secretary of Health Garcia, MD, explained, 'health providers shouldn't 
	have to check their conscience at the hospital door. The proposed rule 
	will help ensure that doesn't happen.' . . .
		- 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 landscape of 
	federal conscience law. . .
Bhattacharya D. (2009) 
	Conflicts of Conscience in Health Care.  
	Journal of Legal Medicine, 30:2, 289-298, DOI: 10.1080/01947640902937827
	
		- Introduction: The confluence of modern technology, skill, and medical 
	necessity allows health care providers to occupy a unique position that 
	inevitably invites moral scrutiny. To some, ensuring access to 
	contraceptives, abortions, or assisted reproductive therapy is inherently 
	inexcusable (their legality notwithstanding). For others, modern medicine 
	ought to be a patient-driven enterprise with physicians as mere 
	facilitators who provide services in response to patient'wants. Lost in 
	this debate at the extremes is a recognition that moral dilemmas emerge 
	from instances of human suffering, a complex phenomenon from which 
	nobody-including physicians-are immune. In issues of conscience and moral 
	quandaries, parsing rights, duties, and ethical obligations is
	challenging for both providers and patients. Indeed, physicians are people 
	too.
		- Abstract:  Recent legislation in Wisconsin 
	mandating provision of emergency contraception to victims of sexual 
	assault may create a conflict of 
	conscience for some health care professionals. Although disputes exist 
	over the exact mechanism of action of emergency contraception, those 
	professionals who espouse a particularly strict stance may be reluctant 
	to dispense the medication for fear that it could prevent a fertilized 
	embryo from implanting in the uterus. While no objection of conscience 
	clause was written into the new law, Wisconsin law has a long tradition 
	of recognizing rights of conscience in matters of religious conflict. 
	This legal tradition both at statutory and common law levels is 
	summarized with application to the recent emergency contraception 
	mandate. A case is made for a potential legal defense should a health 
	care professional abstain from dispensing emergency contraception.
		- Abstract:  This paper argues that the provider 
	conscience regulation recently put into place in the USA is misguided. 
	The rule is too broad in the scope of 
	protection it affords, and its conception of what constitutes assistance 
	in the performance of an objectionable procedure reveals that it is 
	unworkable in practice. Furthermore, the regulation wrongly treats 
	refusal of other reproductive services as on a par with conscientious 
	objection to participation in abortion. Finally, the rule allows 
	providers to refuse even to discuss  "objectionable " options with 
	patients and serves to protect discriminatory refusals of medical care. 
	For all of these reasons, this regulation is unwise.
		- Abstract: We provide comprehensive, practical guidance for physicians on when to 
	offer, recommend, perform, and refer patients for induced abortion and 
	feticide. We precisely define terminology and articulate an ethical 
	framework based on respecting the autonomy of the pregnant woman, the 
	fetus as a patient, and the individual conscience of the physician. We 
	elucidate autonomy-based and beneficence-based obligations and distinguish 
	professional conscience from individual conscience. The obstetrician's 
	role should be based primarily on professional conscience, which is 
	shaped by autonomy-based and beneficence- based obligations of the 
	obstetrician to the pregnant and fetal patients, with important but 
	limited constraints originating in individual conscience.
Cook RJ, Olaya MA, Dickens BM. 
	Healthcare responsibilities and 
	conscientious 
	objection. Int J Gynaecol Obstet. 2009 Mar;104(3):249-52. Epub 2008 Nov 29.
	PubMed PMID: 19041970.
	
		- Abstract: The Constitutional Court of Colombia has issued a decision of 
	international significance clarifying legal duties of providers, 
	hospitals, and healthcare systems when conscientious objection is made to 
	conducting lawful abortion. The decision establishes objecting providers' 
	duties to refer patients to non-objecting providers, and that hospitals, 
	clinics, and other institutions have no rights of conscientious objection. 
	Their professional and legal duties are to ensure that patients receive 
	timely services. Hospitals and other administrators cannot object, 
	because they do not participate in the procedures they are obliged to 
	arrange. Objecting providers, and hospitals, must maintain knowledge of 
	non-objecting providers to whom their patients must be referred. 
	Accordingly, medical schools must adequately train, and licensing 
	authorities approve, non-objecting providers. Where they are unavailable, 
	midwives and perhaps nurse practitioners may be trained, equipped, and 
	approved for appropriate service delivery. The Court's decision has 
	widespread implications for how healthcare systems must accommodate 
	conscientious objection and patients' legal rights.
		- Introduction:  The dangerous intersection 
		between a pharmacist's right of moral belief and a woman's right of 
		contraceptive use continues to be an important topic for debate across 
		the nation. In fact, the area of contraceptive rights has been a 
		controversial issue since the United States Supreme Court's decision in 
		Griswold v. Connecticut in 1965, which recognized a constitutional right 
		of privacy in family planning decisions implicit within the meaning of 
		the Bill of Rights. Now, over forty years since this landmark decision, 
		courts continue to grapple with the notion of women's rights and how 
		contraceptive use should be protected.  
 
 New developments in 
		pharmaceutical research and technology have resulted in the formation of 
		new legal and ethical issues. The most recent dilemma faced by both 
		federal and state courts features women who desire a recently FDA 
		approved contraceptive drug called Plan B and pharmacists who are 
		morally opposed to the mode of action of the drug. This newfound ability 
		to prevent birth using a drug taken after sexual activity presents a 
		scenario the Griswold Court would have never anticipated. Nonetheless, 
		the precedent beginning with Griswold has created a necessary collision 
		between these two fundamental rights.
 
 Pharmacists are placed in a 
		unique position in this controversy. Pharmacists are licensed by the 
		state yet some believe that they cannot comply with state requirements 
		due to their individual religious beliefs. As nearly all Americans are 
		familiar, the right to religious belief has been protected since the 
		drafting of the Bill of ...
		- Abstract: The right to conscientious objection is 
	founded on human rights to act according to individuals' religious and 
	other conscience. 
	Domestic and international human rights laws recognize such entitlements. 
	Healthcare providers cannot be discriminated against, for instance in 
	employment, on the basis of their beliefs. They are required, however, to 
	be equally respectful of rights to conscience of patients and potential 
	patients. They cannot invoke their human rights to violate the human 
	rights of others. There are legal limits to conscientious objection. Laws 
	in some jurisdictions unethically abuse religious conscience by granting 
	excessive rights to refuse care.. In general, healthcare providers owe 
	duties of care to patients that may conflict with their refusal of care 
	on grounds of conscience. The reconciliation of patients' rights to care 
	and providers' rights of conscientious objection is in the duty of 
	objectors in good faith to refer their patients to reasonably accessible 
	providers who are known not to object. Conscientious objection is 
	unethical when healthcare practitioners treat patients only as means to 
	their own spiritual ends. Practitioners who would place their own 
	spiritual or other interests above their patients' healthcare interests 
	have a conflict of interest, which is unethical if not appropriately 
	declared.
		- Introduction: First defined by Jamtjton in 1984 as a phenomenon that 
	occurs when nurses cannot carry out what they believe to be ethically appropriate 
	actions because of institutional constraints, moral distress has 
	recently gained attention as an important problem experienced by multiple 
	healthcare disciplines.  Although it is not a new topic, recent 
	attention to moral distress (specifically, an article in the New York 
	Times by surgeon Pauline W. Chen, "When doctors and nurses can't do the 
	right thing, " and a fourfold increase in articles on the topic in 
	MEDLINE in the past two years) has highlighted its presence and effect on 
	healthcare providers and on the delivery of healthcare. While the 
	majority of published research has been in nursing journals, current work 
	has expanded to other disciplines, including medicine, psychology, 
	pharmacy, and respiratory therapy. It is increasingly clear that moral 
	distress is not solely a nursing issue, but one that potentially 
	influences all healthcare professionals. . .
		- The harm caused by the interrogation methods described by Pope and 
	Gutheil goes far beyond the considerable damage, sometimes fatal, of 
	methods commonly understood to be torture. . .
		- Abstract:  Abortion is one of the most divisive 
	topics in healthcare. Proponents and opponents hold strong views. Some health 
	workers who oppose abortion assert a right of conscientious objection to 
	it, a position itself that others find unethical. Even if allowance for 
	objection should be made, it is not clear how far it should extend. Can 
	conscientious objection be given as a reason not to refer when a woman 
	requests her doctor to do so? This paper explores the idea of the general 
	practitioner (GP) who declines to make a direct referral for abortion, 
	asking the woman to see another GP instead. The purpose is to defend 
	the claim that an appeal to conscientious objection in this way can be 
	reasonable and ethical.
Grealis C.  Religion in the Pharmacy: A 
		Balanced Approach to Pharmacists' Right to Refuse to Provide Plan B. 
		97 Geo. L.J. 1715, 1722-26 (2009)
	 
		 
	
	
		- Background: Despite changes to the abortion legislation in 
	South Africa in 1996, barriers to women accessing abortion services still 
	exist including provider opposition to abortions and a shortage of trained 
	and willing abortion care providers. The dearth of abortion providers 
	undermines the availability of safe, legal abortion, and has serious 
	implications for women's access to abortion services and health service 
	planning. 
In South Africa, little is known about the 
	personal and professional attitudes of individuals who are currently working 
	in abortion service provision. Exploring the factors which determine health 
	care providers' involvement or disengagement in abortion services may 
	facilitate improvement in the planning and provision of future services. 
	Methods: Qualitative research methods were used to 
	collect data. Thirty four in-depth interviews and one focus group discussion 
	were conducted during 2006 and 2007 with health care providers who were 
	involved in a range of abortion provision in the Western Cape Province, 
	South Africa. Data were analysed using a thematic analysis approach. 
	Results: Complex patterns of service delivery were 
	prevalent throughout many of the health care facilities, and fragmented 
	levels of service provision operated in order to accommodate health care 
	providers' willingness to be involved in different aspects of abortion 
	provision. Related to this was the need expressed by many providers for 
	dedicated, stand-alone abortion clinics thereby creating a more supportive 
	environment for both clients and providers. Almost all providers were 
	concerned about the numerous difficulties women faced in seeking an abortion 
	and their general quality of care. An overriding concern was poor pre and 
	post abortion counselling including contraceptive counselling and provision.
	
	Conclusion: This is the first known qualitative study 
	undertaken in South Africa exploring providers' attitudes towards abortion 
	and adds to the body of information addressing the barriers to safe abortion 
	services. In order to sustain a pool of abortion providers, programmes which 
	both attract prospective abortion providers, and retain existing providers, 
	needs to be developed and financial compensation for abortion care providers 
	needs to be considered. 
	Project note:  A survey was 
	undertaken in 1996.  See  
	Are State Doctors in 
	the Western Cape willing to implement the Choice of Termination of Pregnancy 
	Act of 1996?
	
	
		- Q.  A technologist in my lab refuses to perform pregnancy tests 
	from a 
	local crisis pregnancy clinic. She claims it violates her conscience, 
	because she feels most of the women getting these tests will go on to 
	have abortions. She feels the same way about genetic testing. Can we 
	force her to do these tests? They are in the usual course of her work, 
	and her refusal is causing problems, mostly because of strong 
	political opinions on the subject. . .
		- The headline on the cover of the BMJ's 16 May issue, "Interrogating 
	detainees: why psychologists participate and doctors don't," is, at best, 
	an example of poor communication. It violates Grice's maxims of good 
	communication: avoid obscurity of expression, make your contribution one 
	that is true, and be sufficiently informative. . .
		- The influence of conscience on nurses in terms of guilt has frequently 
	been described but its impact on care has received less attention. The 
	aim of this study was to describe nurses' conceptions of the influence of 
	conscience on the provision of inpatient care. The study employed a 
	phenomenographic approach and analysis method. Fifteen nurses from three 
	hospitals in western Sweden were interviewed. The results showed that 
	these nurses considered conscience to be an important factor in the exercise 
	of their profession, as revealed by the descriptive categories: 
	conscience as a driving force; conscience as a restricting factor; and 
	conscience as a source of sensitivity. They perceived that conscience 
	played a role in nursing actions involving patients and next of kin, and 
	was an asset that guided them in their efforts to provide high quality care.
		- The purpose of this paper is to present the theoretical and philosophical 
	assumptions of the Nursing Manifesto, written by three activist scholars 
	whose objective was to promote emancipatory nursing research, practice, 
	and education within the dialogue and praxis of social justice. Inspired 
	by discussions with a number of nurse philosophers at the 2008 Knowledge 
	Conference in Boston, two of the original Manifesto authors and two 
	colleagues discussed the need to explicate emancipatory knowing as it 
	emerged from the Manifesto. Our analysis yielded an epistemological 
	framework based on liberation principles to advance praxis in the 
	discipline of nursing. This paper adds to what is already known on this 
	topic, as there is not an explicit contribution to the literature of this 
	specific Manifesto, its significance, and utility for the 
	discipline.While each of us have written on emancipatory knowing and 
	social justice in a variety of works, it is in this article that we 
	identify, as a unit of knowledge production and as a direction towards 
	praxis, a set of critical values that arose from the emancipatory 
	conscience-ness and intention seen in the framework of the Nursing 
	Manifesto.
		- This paper explores the issue of conscientious objection and looks 
	specifically at ways in which it may be managed to minimize its effect on 
	patients. It discusses how the issue of conscientious objection is 
	addressed in practice and examines some of the issues surrounding 
	access to abortion services and the potential impact of staff attitudes 
	on accessibility. The way in which conscientious objection is managed within 
	the law and within professional codes of conduct is then explored.
		- Abstract: There is controversy today concerning conscience, conscientious 
	objection, and health care professionals. Nurses reportedly have said 
	that they are expected to "set aside" or "deaden" their conscience to work 
	in health care. Given the morally serious work that nurses do, this 
	expectation is puzzling and concerning. It suggests a misunderstanding of 
	the meaning of conscience, a conundrum which could be contributing to the 
	persistent problem of nurses' moral distress and to the chronic shortage 
	of nurses. This conundrum may be confounding efforts by society to formulate 
	coherent policy on conscience and conscientious objection by health care 
	professionals. In this essay I offer reflections on various 
	understandings of conscience as they relate to nurses. I suggest that 
	when conscience is conceptualized in terms of relativism and subjectivism, 
	setting aside one's conscience may seem possible and even understandable 
	in a morally pluralistic society. However, conscience may not be entirely 
	subjective or relative but, rather, deep-seated and grounded in objective 
	moral norms, and, as a result, it is difficult to completely ignore one's 
	conscience and troubling to act contrary to it. Because persons of good will 
	may disagree in their conscientious judgments, tolerance, or mutual 
	respect for conscience, is needed. Thus, reasoned discussions are 
	necessary to formulate policy on conscientious objection that is coherent, 
	morally defensible and avoids misunderstandings. It is my hope that this 
	essay contributes to the discussion and to clearing up the conundrums.
		- Abstract: Purpose: To explore physicians' beliefs 
	about whether physicians 
	sometimes have a professional obligation to provide medical services 
	even if doing so goes against their conscience, and to examine 
	associations between physicians' opinions and their religious and ethical 
	commitments. 
Method: A survey was mailed in 2007 to a stratified 
	random sample of 1,000 U.S. primary care physicians, selected from the 
	American Medical Association Physician Masterfile. Participants were 
	classified into three groups according to agreement or disagreement with 
	two statements: "A physician should never do what he or she believes 
	is morally wrong, no matter what experts say," and "Sometimes physicians 
	have a professional ethical obligation to provide medical services even if 
	they personally believe it would be morally wrong to do so." 
	Results: The response rate was 51% (446/879 delivered 
	questionnaires). Forty-two percent and 22% believed they are never and 
	sometimes, respectively, obligated to do what they personally believe 
	is wrong, and 36% agreed with both statements. Physicians who are more 
	religious are more likely to believe that physicians are never 
	obligated to do what they believe is wrong (58% and 31% of those with 
	high and low intrinsic religiosity, respectively; multivariate odds 
	ratio, 2.9; 95% CI, 1.2–7.2). Those with moral objections to any of 
	three controversial practices were more likely to hold that physicians 
	should never do what they believe is wrong. 
	Conclusion:  A substantial minority of physicians do not believe 
	there is ever a professional obligation to do something they personally 
	believe is wrong. 
	
	
		- Abstract:  Throughout history,warriors have been confronted with moral and ethical 
	challenges andmodern unconventional and guerilla wars amplify these 
	challenges. Potentially morally injurious events, such as perpetrating, 
	failing to prevent, or bearingwitness to acts that transgress deeply held 
	moral beliefs and expectationsmay be deleterious in the long-term, 
	emotionally, psychologically, behaviorally, spiritually, and socially (what 
	we label as moral injury). Although there has been some research on the 
	consequences of unnecessary acts of violence in war zones, the lasting 
	impact of morally injurious experience in war remains chiefly unaddressed. 
	To stimulate a critical examination of moral injury, we review the 
	available literature, define terms, and offer a working conceptual 
	framework and a set of intervention strategies designed to repair moral 
	injury.
		- Pellegrino defines professionalism as "those qualities and modes of 
	conduct proper to professions." In each patient encounter, the 
	physician, as a professional, "professes" both technical competence and a 
	commitment to use that competence in the patient's best interest. A 
	good physician is therefore characterized by virtues that enable him or 
	her to achieve what he or she professes: benevolence, confi dentiality, 
	compassion, and courage are just a few examples. Specific to family 
	medicine, Dr Cal Gutkin, Chief Executive Officer of the College of 
	Family Physicians of Canada, has identified  "key principles and 
	actions" of professionalism, including knowledge, commitment to ongoing 
	education, evidence-based practice, liability, self-regulation, and 
	the provision of "ethical" and "altruistic" care. Given that the 
	qualities described above are noble and worthy of emulation, one might 
	wonder why FPs do not agree on what professionalism is. . .
		- Abstract:  This article examines the issue of expanding rights of 
	conscience for health-care professionals to include rights grounded in 
	claims of complicity.Our concerns relate to the nature of professional expertise, 
	on the one hand, and an individual's right to live by his or her values, 
	on the other.The fact that a patient is dependent on a physician's 
	counseling about treatment options requires limiting conscience-based 
	refusal to provide information, since allowing refusal would deprive 
	patients of even knowing the options that exist for them. Sanctioning 
	such claims of conscience not only would supplant one person's moral 
	judgment with another's, it would also allow professional standing to be 
	used as a justification for imposing one person's moral views on another.
		- Abstract: This article examines to what extent nurses can at present opt out of 
	clinical procedures on the basis of conscience in English law. It 
	considers the current rights to opt out on the basis of conscience 
	contained in section 4 of the Abortion Act 1967 and section 38 of the 
		Human Fertilisation and Embryology Act 1990. It examines how through 
	codes of practice and guidance, there is recognition of the ability to 
	opt out beyond theses statutes. It suggests that rather than let practice 
	evolve to enable persons to opt out, the fundamental issues as to whether 
	it should be a right or a privilege needs careful consideration across 
	healthcare professions as a whole and a broader public debate.
		- The fall of state socialism in Poland in 1989 constituted a critical 
	moment that redefined policies regulating reproductive health and access 
	to care. As the Polish state adopted the discourse and agenda of the 
	Catholic Church in its health policies, reproduction and sexuality became 
	sites of moral governance through the implementation of the Conscience 
	Clause law, which permits healthcare providers to deny medical services 
	citing conscience-based objections. Based on ethnographic fieldwork, this 
	article explores the effects of the implementation of the conscience 
	clause and argues that the adoption of this law for individual use paved the 
	way for restrictions on reproductive healthcare on a systemic scale. The 
	special status afforded to the church is highly significant for access to 
	health services deemed by the church to be matters of morality. The 
	Polish case raises concerns about the place of women's rights in 
	postsocialism and the nature of Polish democratization.
		- Introduction: Recently a resurgence of interest in issues of conscience, as they relate 
	to health care practice, has led to fervent writing on the topic. This 
	paper will show the importance of respecting claims to conscience in 
	light of its value for directing ethical decision making within the 
	health care context. Although conscientious judgments may on occasion be 
	erroneous or lead to conflict, it is best to respect conscientious 
	warning and educate Health Care Professionals (HCPs) to examine and 
	defend their beliefs. This paper will address the issue of defining 
	conscience, and consider how that definition illuminates the 
	contradictory nature of asking HCPs to act according to conscience on 
	some occasions, but to ignore their conscience on others. These issues 
	are addressed in light of conscientious objection and its potential 
	relationship to moral distress.
		- . . . It would seem as mad an approach to a discussion on the 
	relationship between torture and attachment and the role of psychologists in 
	the "Global War On Terror" (GWOT)-through the filters of medieval Persian 
	poetry-as it would be through the rationality of behavioral science or 
	ncuro-psychoanalysis. But to my mind, to sanction torture, to measure 
	torture, to monitor torture, or to perform torture are all forms of the same 
	madness, no matter how it is measured or by whom.
Ohto H, Yonemura Y, Takeda J, Inada E, Hanada R, Hayakawa S, Miyano T, 
	Kai K,
	Iwashi W, Muto K, Asai F; Japanese Society of Transfusion Medicine and Cell
	Therapy (JSTMCT). 
	Guidelines for managing conscientious objection to blood
	transfusion. Transfus Med Rev. 2009 Jul;23(3):221-8. PubMed PMID: 19539876.
	
		- Parents sometimes deny their children blood transfusion because of 
	their religious beliefs. The Japanese Joint Committee on the Refusal of 
	Blood Transfusion on Religious Grounds asserts that the health and life 
	of every child younger than 15 years should be guarded by the 
	collective efforts of health, welfare, and advocacy institutions when a 
	parent or guardian seeks to withhold transfusion therapy. Patients 18 
	years or older should receive treatment without transfusion after signing 
	andsubmitting a "Certificate of Refusal Blood Transfusion and Exemption 
	from Liability." For a patient younger than 18 years, but 15 years or 
	older, essential transfusion can be performed if the patient or at least 
	one guardian consents. Without patient's or guardian's consent, 
	guidelines for patients 18 years or older shall apply. Health care 
	providers should offer the best possible care that is consistent with a 
	patient's age and competency.
		- This article offers a critique of the likely impact of the Abortion Act 
	2008 (Vic) in light of the fact that the Act was intended to reflect 
	rather than alter current clinical practice surrounding abortion. The 
	author traces the development of abortion law in Victoria and compares 
	the two models for regulating abortion: the "common law model" and the 
	"legislative model". The author argues in favour of legislative 
	intervention. The author also discusses current uncertainties that exist 
	due to the unclear effect of the Charter of Human Rights and 
	Responsibilities Act 2006 (Vic) on abortion legislation, focusing on the 
	intersection between women's rights to an abortion and doctors' rights to 
	freedom of conscience.
		-  Introduction: The day before the inauguration of his Democratic 
		successor, President George W. Bush oversaw the promulgation of an 
		administrative rule that extended "sweeping" new conscience protections 
		to healthcare providers, one which would allow them to refuse to 
		participate in or refuse to refer for medical services to which they 
		morally or religiously object. Enacted in a funding regulation through 
		the Department of Health and Human Services ("HHS"), the rule - commonly 
		called the Provider Conscience Regulation ("Regulation") - purported to 
		clarify and implement existing federal law; by its own terms; however, 
		the Regulation pushed the boundaries of those laws, granting protections 
		to a broader class of individuals and across a wider range of services. 
		In so doing, the Regulation sought to resolve an ongoing tension between 
		patient access and provider autonomy, yet it served to reignite a 
		long-standing debate over the proper role of morals in medicine. . .
		- To deem itself civilized, a society must protect the personal 
	integrity of its citizens. Without such protection, the integrity of the 
	society itself unravels as more and more effort goes into protecting 
	individuals against the chicanery of their fellow citizens. Perhaps 
	this is why Plato called integrity "the goodness of the ordinary 
	citizen." If integrity is the characteristic value for the ordinary 
	citizen, then it's even more important for those whose social roles are 
	defined primarily in terms of personal trust- doctors, lawyers, ministers, 
	and teachers. Ordinary citizens cannot be healed- or provided with 
	advocacy, spiritual counsel, or learning- without trust in these 
	helping professions. (Unfortunately, history recounts how some physicians 
	in every age have failed in the trustworthiness integral to medicine.) 
	When such professions lack integrity, those who need their services 
	will seek to protect themselves by assuring greater individual or public 
	control over their relationships with these professions. . .
		- Excerpt: In the wake of Roe v. Wade, a public 
		policy debate arose concerning the right of public health professionals 
		and institutions to refuse to perform abortions based on religious and 
		moral objections. Over the past two decades, that debate has expanded to 
		encompass similarly grounded objections to other interventions. One 
		quite controversial addition to that debate concerns so-called 
		"emergency contraception," an intervention that involves high doses of 
		contraceptives taken within seventy-two hours after intercourse to 
		prevent fertilization of the egg or, failing that, implantation of the 
		fertilized egg in the uterus. Believing that emergency contraception is 
		designed to, at least in some instances, end human life, some 
		pharmacists opposed to its use have refused to dispense it. These 
		refusals have led, in turn, to debates over whether to protect such 
		conscience-based choices as the free exercise of religious beliefs, or 
		instead to require pharmacies and pharmacists to dispense with their 
		objections as a condition of licensing.
Recently, in Stormans, Inc. v. Selecky, the 
	Ninth Circuit overturned a preliminary injunction barring enforcement of 
	Washington state regulations that required pharmacists to dispense emergency 
	contraception and other drugs despite religious objections. Finding that the 
	regulations were neutral toward religion and were generally applicable, the 
	court held that they were subject merely to rational basis review. However, 
	the panel erred by refusing to consider the targeting of religiously 
	motivated behavior shown by the regulations' administrative history, and by 
	improperly analyzing the individualized exceptions to ...
	
	
		- Moral certainty, very simply, is knowing that you are right. The answer is a 
		"sure thing," a foregone conclusion. Moral certainty is founded on an 
	absolute belief to which the person is committed, without doubt. For 
	some, religion provides moral certainty. Those who believe in religion 
	trust that the written or spoken word and teachings of a supreme being 
	are absolutely correct. An adherent to those teachings acts in good 
	conscience according to those beliefs.
	A look back through history is replete with examples of wars fought and 
	injustices applied to impose or compel specific beliefs. Whether 
	religious or ideologic, the certainty that only one's beliefs are correct 
	and must at all costs be forced on others is alarming. Seeing the world 
	as simply black or white, right or wrong may provide individuals 
	reassuring certainty about their actions, but it also negates the need for 
	critical, reflective thinking that enhances ethical practice. . .
	
	
		- Assessment of clinical competency in professional roles especially in 
	crucial situations can improve the nursing profession. This qualitative 
	research was conducted to determine the process of acquiring clinical 
	competency by nurses in its cultural context and within the health care 
	delivery system in Iran. This study, using grounded theory methodology, took 
	place in universities and hospitals in Tehran. Nurses (36) included nurse 
	managers, tutors, practitioners, and members of the Iranian Nursing 
	Organization. Simultaneous data collection and analysis took place using 
	participant semistructured interviews. Three categories emerged: (a) 
	personal characteristics such as philanthropy, strong conscience, being 
	attentive, accepting responsibility, being committed to and respecting 
	self and others; (b) care environment including appropriate management 
	systems, in-service training provision, employment laws, and control 
	mechanisms, suitable and adequate equipment; and (c) provision of 
	productive work practices including love of the profession, critical 
	thinking, nursing knowledge, and professional expertise. Professional 
	ethics has emerged as the core variable that embodies concepts such as 
	commitment, responsibility, and accountability. Professional ethics 
	guarantees clinical competency and leads to the application of 
	specialized knowledge and skill by nurses. The results can be used to form 
	the basis of guiding the process of acquiring clinical competency by 
	nurses using a systematic process.
	von Bergen, C.W. 
	Conscience in the Workplace. 
	Employee Relations Law Journal Vol. 35, No. 1, Summer, 2009 
	
		- A current trend in employment law is that workers feel they should be 
	protected in the exercise of their conscience - even if doing so is 
	contrary to their employers' wishes or to the demands of their jobs. 
	Workers are increasingly claiming that they should be provided an 
	unqualifi ed legal right to refuse work activities that violate their 
	ethical, moral, personal, or religious convictions or beliefs and this 
	assertion has become one of the more controversial issues confronting 
	employers. After a brief review of conscientious objection, special 
	attention is given to such objection in medically related areas, followed 
	by a discussion of the expansion of freedom of conscience to the general 
	workplace.
		- Abortion is the most politically contested social issue in the United 
	States, a debate that manifests itself in extensive regulation of 
	abortion as a health care service. This study provides a brief history 
	of the judicial acceptance of abortion regulation and an overview of the 
	most common forms of abortion regulation affecting physicians in the 
	United States. The article concludes with a discussion of pending 
	threats to the legal right to abortion in the United States and 
	recommended resources where physicians can find assistance to comply with 
	existing laws.
		- Dr Leong gives several examples that she believes demonstrate how 
	"[f]amily physicians do not agree what professionalism is." I submit that 
	these examples do not prove her argument. Essentially, professionalism 
	pertains to the claim to competence regarding certain skills and 
	knowledge domains and the commitment to deploy these for the primary 
	benefi t of the patient, in keeping with the moral norms of the 
	profession. This is pretty much what Dr Leong, glossing Pellegrino, says 
	professionalism is. Nothing in the examples she furnishes indicates 
	disagreement about this core idea. . .