US stops short of defining abortion

The regulation could strip federal funding from employers or institutions that fire a doctor, nurse, pharmacist or other health professional who refuses to provide abortion care or information.

But it no longer defines some types of contraception as abortion, after abortion rights and family planning groups complained an earlier draft would have defined abortion to include birth control pills and the intrauterine device or IUD.

The regulation merely seeks to enforce three federal laws, HHS Secretary Michael Leavitt told reporters in a conference call.

"This is about protecting the right of a physician to practice medicine according to his or her moral compass," Leavitt said. "There is nothing in this rule that would in any way change a patient's right to a legal procedure."

The regulation is posted at http://www.hhs.gov/news/press/2008pres/08/20080821reg.pdf.

"We did not feel it necessary in this rule to define abortion. You will find that wording not present," Leavitt said. "This regulation is not about contraception. It is about abortion and conscience."

But the three laws it refers to allow providers to opt out of offering some types of contraception, such as the so-called abortion pill RU-486 and emergency contraception designed to be used after intercourse.

Leavitt said he had asked for a draft regulation after writing to the American College of Obstetricians and Gynaecologists and the American Board of Obstetrics and Gynaecology asking them not to force professionals to refer women for abortions.

He said his response from them was "less than satisfactory".

RIGHT OF CONSCIENCE

"People should not be forced to say or do things they believe are morally wrong. In particular, healthcare providers should not be forced to provide services... against their consciences," Leavitt said.

Federal law is "explicit and unwavering" on this, he added. "Unfortunately, many in the health care community either aren't aware of those statutes or don't support them."

Recipients of certain HHS funding must show they are complying with this, and they can lose funding if they are not, he said.

One of the three laws includes the 1973 Church Amendment, proposed by then-Idaho Republican Sen. Frank Church, which barred the government from requiring health care providers to take part in abortion or sterilisation procedures against their moral or religious convictions.

In 1996, section 245 of the Public Health Service Act prohibited the federal government and state or local governments that receive federal funds from discriminating against individual and institutional health care providers who refused to receive training in abortions.

The Weldon Amendment, first added in 2005, bars giving HHS funds to any state or local government or federal agency or program that discriminates against health care entities that do not provide, pay for, provide coverage of, or make referrals for abortion.


Source : Babynet