An Obama spokesman, asked Thursday about the rule, said Obama "will review all 11th-hour regulations and will address them once he is president."
The Obama administration could revise the rule after he takes office Jan. 20, but the process would probably be months long.
A speedier option would be a congressional resolution rejecting the Bush administration's late rules. Democratic Reps. Louise M. Slaughter of New York and Diana DeGette of Colorado said Thursday that they would lead such an effort.
Decades ago -- shortly after the Supreme Court in 1973 established a right to abortion -- Congress adopted laws clarifying that no one was required to perform an abortion. Later laws declared that "no individual shall be required to perform or assist" in any medical research or procedure "contrary to his religious beliefs or moral convictions."
The new rule is needed to enforce the laws, Secretary Leavitt said. In a preamble to the rule, he expressed concern about "an environment in sectors of the healthcare field that is intolerant of individual objections to abortion or individual religious beliefs or moral convictions."
He said that the "doctor- patient relationship requires a balancing of interests" and that doctors have a duty only "to provide care that they are comfortable providing."
Health and Human Services said in its regulation: "To avoid potential conflicts from occurring, we strongly encourage early, open and respectful communications between providers and patients surrounding sensitive issues of healthcare, including issues of conscience."
The U.S. Conference of Catholic Bishops, the Christian Medical Assn. and Americans United for Life praised the new rules. "Individuals and institutions committed to healing should not be required to take the very human life that they are dedicated to protecting," said conference spokeswoman Deirdre McQuade.
Abortion-rights lawyers agreed that no doctor could be required to perform abortions, but they said Health and Human Services should require doctors and medical clinics either to give patients full medical information or to refer patients to someone who does.
"We are concerned because this involves low-income folks who rely on federally funded clinics. They don't have the option of shopping around for providers when they seek medical care," said lawyer Jennifer Dalvin of the ACLU Reproductive Freedom Project.
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david.savage@latimes.com
