Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude

Critical Review of College of Physicians and Surgeons of NS Policy Conscientious Objection

Appendix "C" 

Summary of Recommended Revisions


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POLICY TEXT
RECOMMENDED REVISIONS
Title
Professional Standards Regarding Conscientious Objection
Professional Standards Regarding Conscience in Medical Practice  [RR1]
Preamble

This document gives directions to physicians regarding conflicts of conscience which may arise from the physician’s belief structure or religion.

This document applies to all situations in which physicians are caring for patients, including, but not limited to, Medical Assistance in Dying (MAiD), immunization, reproductive care and gender affirming care.

CPSNS recognizes that moral/ethical decision-making is intrinsic to the practice of medicine. This document gives directions to physicians regarding conflicts of conscience which may arise in all situations in which physicians are caring for patients. [RR2]

Professional Standards

1. A physician must communicate promptly and respectfully about any treatments or procedures relevant to the patient’s condition that the physician is unable or unwilling to provide for reasons of conscience.

1. Physicians must communicate promptly and respectfully about any treatments or procedures they find relevant to the patient’s condition that they are unable or unwilling to provide. [RR4]

2. A physician must discuss all available treatment options with the patient and must not withhold information regarding a procedure or treatment relevant to the patient’s condition, even if providing such information conflicts with the physician’s conscience.  

2.  A physician must provide patients with all information necessary to enable them to make informed medical decisions about procedures or treatments. What information should be provided and the point at which it ought to be provided must be guided by and responsive to the circumstances and expressed interests of each patient. Physicians unwilling to provide such information must promptly connect patients to a physician, health care practitioner or agency willing to do so. [RR5]

3. A physician must not promote their own moral or religious beliefs to patients.

3. Physicians must not promote their own moral or religious beliefs to patients. Physicians do not promote their beliefs simply because they comply with Standard (1) or because they explain their position in response to questions from patients. [RR6]

4. When a physician is unable or unwilling to provide a legally available surgical or medical treatment for reasons of conscience, the physician must make an effective referral.

4. When a physician is unable or unwilling to provide a treatment, the physician must:

a) communicate to a person in authority a patient's request for a complete transfer of care (institutional settings); OR

b) arrange for a transfer of care to other health care personnel; OR

c) make an effective referral; OR

d) provide contact information for a person, agency or organization that provides or facilitates the service sought by a patient; OR

e) provide contact information for a person, agency or organization that can connect the patient to services generally, including those sought by a patient; OR

f) provide general information to facilitate patient contact with other health care personnel or sources of information about the service sought by the patient.[RR7]

5. With the consent of the patient, a physician must provide all relevant health records to the physician receiving the effective referral.

5. With the consent of the patient, physicians must provide all relevant health records to a physician, health care practitioner or agency assuming responsibility for the care of the patient. [RR8]

6. After making an effective referral, the physician must continue to provide care to the patient until this care is no longer required or wanted, or until another suitable physician has assumed responsibility for the patient, or until after the patient has been given reasonable notice that you intend to terminate the relationship.

6. A physician who declines to provide a service must continue to provide other care to the patient until it is no longer required or wanted, or until another suitable physician has assumed responsibility for the patient, or until after the patient has been given reasonable notice that you intend to terminate the relationship. [RR9]

7. In medically emergent situations, physicians must provide whatever medical care is necessary for the patient, notwithstanding any issues of conscience.

7. Physicians must provide medical care or treatment that is within their competence that is immediately necessary to prevent the imminent death or permanent serious injury of a patient, or arrange for it to be provided by a competent practitioner. [RR10]

Definitions

Effective Referral means a referral made in good faith to a non-objecting, available, and accessible physician, other health-care professional, or agency that oversees the delivery of the care being sought.

[No change]

Conflict of Conscience describes a circumstance where a healthcare professional objects to care practices or treatments that conflict with their personal, ethical and or religious beliefs.

[No change]

 

Patient includes legally authorized agents or substitute decision makers acting for a patient and persons seeking to become patients.[RR3].

You may copy and distribute this material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.