Leavitt said ACOG threatened to brand as "unprofessional" those who do not share its attitudes toward abortion. In August, he criticized "the development of an environment in the healthcare field that is intolerant of individual conscience, certain religious beliefs, ethnic and cultural traditions and moral convictions."
In its announcement, HHS said the proposed rule was needed because of an attitude "that healthcare professionals should be required to provide or assist in the provision of medicine or procedures to which they object, or else risk being subjected to discrimination."
In a media briefing, Leavitt said the rule was focused on abortion, not contraception. But others said its broad language goes beyond abortion.
Since the 1970s, Congress has said no person may be compelled to perform or assist in performing an abortion or sterilization. One law says no person may be required to assist in a "health service program or research activity" that is "contrary to his religious beliefs or moral convictions." The HHS rule says that law should be enforced "broadly" to cover any "activity related in any way to providing medicine, healthcare or any other service related to health or welfare."
Judith Waxman, a lawyer for the National Women's Law Center, said Leavitt's office has extended the law far beyond what was understood. "This goes way beyond abortion," she said. It could reach disputes over contraception, sperm donations and end-of-life care.
"This kind of rule could wreak havoc in a hospital if any employee can declare they are not willing to do certain parts of their job," she said.
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david.savage@latimes.com
