Proposed rule an assault on women’s health care

George Bush continues his assault on women, pushing his ideology and political agenda above patient health care. Earlier this summer, Planned Parenthood received a draft regulation that left no doubt as to the administration's intent to go after women's access to birth control. The administration has accomplished that same goal in a proposed rule that uses language that does less to advertise its true objective.

On Aug. 21, the Department of Health and Human Services officially proposed a regulation that purports to interpret three existing federal laws that protect from discrimination health care workers who refuse to participate in activities related to abortion or sterilization. By HHS estimates, this proposed regulation will affect almost 600,000 health care entities, including hospitals, private physicians and health centers.

Remarkably, the regulation does not define the term "abortion," leaving it open to individual interpretation. This leaves health care services and information open to personal interpretation and political agendas, and would have a devastating effect on patients' access to basic health care services, including birth control. By leaving "abortion" undefined, the proposed regulation allows ideology and political views to insert themselves into medical practices, hospitals and clinics in Hawaii and across the country. This is out of step with the American electorate, 73 percent of whom support policies that make it easier for women at all income levels to obtain contraceptives.

The new regulation extends protection to any individual who refuses to participate in any health service program or research activity funded by HHS, where the refusal is for religious beliefs or moral convictions. The protected individuals include not just medical professionals, but anyone who is a member of the workforce of a health care provider, including volunteers.

The range of activities any individual can refuse to participate in is extremely broad and would allow many employees to refuse to do the job for which they were hired. In fact, examples used in the proposed regulations would allow an employee whose job is to clean surgical equipment to refuse to perform these duties. A health center staff opposed to birth control, whose job was to schedule patient appointments, could refuse to schedule patients seeking these services.

Health care providers must be able to screen and hire individuals capable and willing to perform the core services required of the job. Patients should be able to access the information and services HHS-funded programs are designed to offer. The Title X family planning program requires that low-income women have access to unbiased, nondirective pregnancy counseling and all referral options. Under the proposed rules, women can no longer be assured of access to basic family planning information and services, including birth control.

HHS received strong opposition to the earlier draft regulation from members of Congress, state elected officials and health care providers. More than 60 organizations expressed opposition (including the American Medical Association, American College of OB/GYN and American Nurses Association).

I urge you to speak out against this ideological attack on women's health. In commenting, refer to "Provider Conscience Regulation." Please e-mail your comments to consciencecomment@hhs.gov, or submit comments to www.regulations.gov by clicking on "comments or submission" and entering the keywords "provider conscience." Comments are due to HHS by Sept. 25.