Conscience Clauses and Ethical Views in Healthcare

Let us consider the legal and ethical aspects of “conscience clauses,” as set forth in the laws of various states. Those state laws generally provide that no physician or other healthcare professional is required to participate in any medical procedure that he or she considers unethical. For example, the Illinois statute provides as follows (745 Ill. Comp. Stat. 70/4):

No physician or health care personnel shall be civilly or criminally liable to any person, estate, public or private entity or public official by reason of his or her refusal to perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care service which is contrary to the conscience of such physician or health care personnel. Many support the right of physicians to refuse to perform abortions, but nevertheless oppose allowing pharmacists to refuse to fill prescriptions for emergency contraception. Are those two positions are inconsistent or, alternatively, whether those two situations are distinguishable. Health ethical issues are invariably accompanied by legal issues and the causes include society plus professional misconducts. When it comes to the in-depth definition of what is medically ethical or moral and/or what is not, the answer almost always goes to owns personal belief.  As for my personal opinion, I think the issue of conscience clauses is controversial in itself. According to conscience clauses, it is like saying, no physician or healthcare professional or healthcare organization is liable to any medical damage for the reasons (which if not clearly stated by law as it is in the conscience clauses, could be faith-based decisions), which is conflicting to the morality of such physician or healthcare provider. Even though conscience clauses are regarded and set forth in the laws of various states, they have their own demands of themselves, such as “what is ethical for one physician, may not always be ethical for another” and keep in mind that some physicians may built ethical decisions based on their belief affiliate or religion affiliation. For example, parents sometimes deny their children the benefits of medical care because of religious beliefs, which can also be denied by physician based on his or religious beliefs. The two positions are distinguishable because if there is no need to be pregnant then there is need for emergency contraception and no need for abortions. Therefore, abortion and contraceptive emergency in the case of morality depend on self-ethical view.