News in brief - Jan. 5, 2009

Abortion conscience rule takes effect Jan. 18

The Bush administration on Dec. 18, 2008, issued a final rule reinforcing protections for physicians who object to providing abortion-related services based on moral or religious beliefs. But opponents in Congress are already mobilizing to rescind the move.

The regulation, which the Dept. of Health and Human Services issued in August 2008, is designed to give more teeth to three major right-of-conscience laws that have been enacted since the 1970s. Health care entities that are not able to demonstrate they are in compliance with the new rule by Oct. 1, 2009, will be barred from receiving federal funding. The HHS Office for Civil Rights will be tasked with investigating any allegations of discrimination against doctors or other professionals who refuse to participate in abortions or other procedures based on moral objections.

"Many health care providers routinely face pressure to change their medical practice -- often in direct opposition to their personal convictions," said Adm. Joxel Garcia, MD, the HHS assistant secretary of health. "During my practice as an ob-gyn, I witnessed this firsthand."

But while some physicians have welcomed the reaffirmation of these protections, others worried that the language was too broad and would allow any employee in the health system effectively to interfere with patient care by lodging an objection.

Some Democratic lawmakers agree, and they have pledged to approve a congressional resolution rejecting the HHS rule. Because the White House finalized the rule so late in the president's final term, Congress can overturn the regulation with a simple majority vote. President-elect Barack Obama has not signaled whether he would support such a move or whether his new administration will attempt to redraft the protections.

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