[Pflienews] PharmFacts E-News Update: Conscience Protection Regs need Comments

Tue Sep 2 07:20:48 MDT 2008

*PharmFacts E-News Update -- 2 Sept 2008 AD
*

* Conscience protection for health care workers *

The Department of Health and Human Services has published a proposed 
regulation which would:

1) Clarify that non-discrimination protections apply to institutional 
health care providers as well as to individual employees working for 
recipients of certain funds from HHS;

2) Require recipients of certain HHS funds to certify their compliance 
with laws protecting provider conscience rights;

3) Designate the HHS Office for Civil Rights as the entity to receive 
complaints of discrimination addressed by the existing statutes and the 
proposed regulation; and

4) Charge HHS officials to work with any state or local government or 
entity that may be in violation of existing statutes and the proposed 
regulation to encourage voluntary steps to bring that government or 
entity into compliance with the law. If, despite the Department's 
efforts, compliance is not achieved, HHS officials will consider all 
legal options, including termination of funding and the return of funds 
paid out in violation of the nondiscrimination provisions.

http://www.hhs.gov/news/press/2008pres/08/20080821a.html

*HHS is recognizing the fact that it is indeed a form of discrimination 
for employers to expect, if not demand, that their employees to 
compromise their consciences. It has been a long time coming, but at 
least the proposed regulation makes some sense. *

The rule would apply to those entities that receive federal funds from 
HHS and, in order to comply with the rule, the entity would not be able 
to discriminate in any way against those who do not wish to perform or 
refer for induced abortion. What this means in plain English is that the 
proposal addresses surgical abortion or chemicals that are known to 
induce abortion, such as mifepristone [sometimes called by its outdated 
experimental name RU-486].

HHS is accepting comments on the proposal. You may submit electronic 
comments on this regulation or via e-mail.

To submit electronic comments, go to the web site 
(http://www.regulations.gov/search/index.jsp) and do the following:

Click on the box next to "Select to find documents accepting comments or 
submissions."

Type the keywords "provider conscience" in the blank field above this 
and then click on "Go." This takes you to a page listing a document 
titled "Ensuring that Department of Health and Human Services Funds Do 
Not Support Coercive or Discriminatory Policies or Practices in 
Violation of Federal Law."

Click on the "Send a Comment or Submission" link, which will take you to 
the "Public Comment and Submission Form" screen. You may also attach 
documents to accompany your comments.

You may send written comments (one original and two copies) via regular 
mail to the following address only:

Office of Public Health and Science,
Department of Health and Human Services
Attention: Brenda Destro
Hubert H. Humphrey Building
200 Independence Avenue, S.W. Room 728E
Washington, D.C. 20201

[courtesy ALL affiliates weekly update]
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