HHS Rule Could Restrict Access to Contraception, Health Care…and Stem Cell Research

In the final year of the Bush administration, social conservatives have successfully pressured the Department of Health and Human Services to propose a rule that would ostensibly protect health care workers who object to performing abortion and sterilization procedures. The catch is that there are already federal laws in place that do just that.  The regulation would instead open the door to denying patients access to all sorts of potentially controversial health care services. (For a look at an earlier draft of this rule, see Jessica Arons’s Science Progress article, “Contraception is the New Abortion.”)

The rule could have a variety of sweeping effects. Among them, it could:

1. Potentially allow providers to deny patients access to contraception, end-of-life care, and fertility treatments, among other forms of treatment
2. Allow providers to withhold information essential to informed consent and to refuse to provide referrals for patients
3. Extend beyond doctors and nurses to virtually anyone in the health care system, including ambulance drivers, receptionists, claims adjusters, and custodians.

But that’s not all. The rule is indeed written so broadly that it might also protect individuals who refuse to assist with research to which they object, which could include work on stem cells funded by National Institutes of Health. The proposed rule includes this language:

Entities to whom this subsection 88.4(d) applies shall not require any individual to perform or assist in the performance of any part of a health service program or research activity funded by the Department if such service or activity would be contrary to his religious beliefs or moral convictions.

The potential for interpretations of “health service program” include the effects mentioned above, but the implications of the “research activity” have been less-discussed. Needless to say, the rule is unnecessary and poorly crafted from either perspective.

The deadline for public comments is this tomorrow, Thursday, September 25th, and they can be submitted to regulations.gov or via email to consciencecomment@hhs.gov. Let the HHS know that this is one regulation health care workers and scientists alike can do without.

Tags: HHS, NIH, reproductive health, stem cells

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