CMDA | ACOG May Redo Abortion Conscience Policy

AMNews. April 14, 2008--Under fire from anti-abortion physicians and Health and Human Services Secretary Michael Leavitt, the American College of Obstetricians and Gynecologists announced in March that it will re-examine a controversial November 2007 opinion outlining the limits of conscientious refusal. The ACOG ethics committee opinion said physicians who have religious or moral objections to "standard practices," such as abortion, sterilization or the prescribing of contraceptives, are not ethically obligated to provide those services but do owe patients a timely referral to another doctor willing to deliver them.

Leavitt expressed "strong concern" that the opinion might endanger conscience rights. A January ABOG bulletin indicates that a physician's board certification could be revoked for "violation of ABOG or ACOG rules and/or ethics principles." Leavitt worried that anti-abortion ob-gyns could be decertified for refusing to refer patients to other doctors willing to provide abortions. He said health care organizations that require ABOG certification could be in danger of violating the Weldon Amendment, a law barring recipients of federal funds from discriminating against doctors who refuse to perform or refer for abortions. Leaders from the college and the board responded quickly, saying Leavitt's interpretation was off base. In a letter to Leavitt, ABOG Executive Director Norman F. Gant, MD, said the organization has no policy on providing or referring for abortions. The issue is not a consideration in any of the board's certification requirements or exams, he added.

Anti-abortion physicians, however, said reassurances from the current leadership are not enough.

Gene Rudd, MD, Senior Vice President of the Christian Medical & Dental Assns., resigned from ACOG when he learned of the ethics opinion. While pleased that it will be re-examined, he said anything short of a retraction won't do. "There is no way they can satisfy many people, including myself, if they want to compromise conscience."

CMDA Chief Executive Officer David Stevens, MD, MA: "Because what ACOG and ABOG spokespersons have said may or may not serve as official policy, I have sent a letter to both organizations, in part requesting a clearer statement on their future intentions. That written clarification will help protect your conscience rights and board certification in the days ahead. My letter also requests the following actions:

"Insure a broader diversity of opinions on ACOG ethics committees, specifically including physicians who hold what are popularly described as "pro-life" views;"
"State that the Opinion does not compel any Fellow to refer patients for any ethically objectionable procedure by providing a written clarification of this in an official document of the ACOG;"
"Clarify and provide the written policies that delineate exactly what is and is not 'to be used as a rule of ethical conduct' that could impact ACOG Fellowship and/or ABOG board certification."
"Publish a clear and firm written commitment from ABOG—ideally as an official addendum to the Bulletin—clarifying that a physicians' refusal to perform or refer for abortions or similarly ethically objectionable procedures or prescriptions will in no way affect board certification or standing."

"Meanwhile, CMA, represented by the Christian Legal Society, recently helped win an important battle in the courts to protect conscience rights. A federal judge has thrown out California's constitutional challenge to the Hyde-Weldon amendment, a federal measure that provides protections for physicians who object to providing abortion-related services based on conscientious objection. Thank God for this victory. We will continue to make protecting your conscience rights a top priority, and CMA is taking a national leadership role in this battle. Our Washington Office is working closely with legislators, agency officials and like-minded organizations to address this recent attack. We will keep up the pressure for your protection. We covet your prayers and support for this effort. I will keep you informed."

^{Kevin B. O'Reilly. "ACOG may redo abortion conscience policy."
AMNews. April 14, 2008.}