A new law in Montana aims to protect healthcare practitioners who have moral or religious objections to certain procedures or treatments, such as prescribing marijuana, performing abortions, providing gender-affirming care, or participating in medically assisted death. The law, which takes effect in October, prevents patients from taking legal action if they believe they did not receive proper care due to a provider’s conscientious objection. While similar conscience objection laws exist at the state and federal levels, the Montana law and others like it have faced criticism for potentially compromising patient care and restricting access to essential treatments. Critics argue that these laws prioritize providers’ objections over patient health and deny patients the standard of care they deserve. This year, 21 bills related to conscience clauses have been introduced in statehouses, with two becoming law. Florida passed legislation allowing providers and insurers to refuse services that violate their ethical beliefs. Montana’s law goes even further by restricting health workers from providing, facilitating, or referring patients for abortions without written consent. Supporters of the law claim it fills gaps in federal law and empowers healthcare professionals to practice medicine in accordance with their conscience. However, opponents, including the ACLU, Planned Parenthood, and the Human Rights Campaign, argue that these laws are a way to restrict the rights of women, LGBTQ+ individuals, and other marginalized groups. The organizations that support these laws, such as the Alliance Defending Freedom and the Christian Medical and Catholic Medical Associations, focus on advancing legislation that allows providers to refuse various procedures based on their beliefs. Experts warn about the potential harm to patient health caused by these laws and argue that prioritizing a provider’s choice over a patient’s rights is a threat. It is estimated that about one-sixth of patients in the US receive treatment in Catholic healthcare facilities, which often have strict regulations on certain procedures. Some patients may be unaware of these limitations on their care. Furthermore, there are no rules mandating disclosure of a provider’s conscientious objection, potentially leading to patients unknowingly receiving substandard care. Overall, these conscience objection laws have raised concerns about the impact on patient care and the infringement of patients’ rights.
‘Conscience’ Legislation Allows Healthcare Providers to Decline Certain Types of Care
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