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Save Preferences. Privacy Policy Terms of Use. Twitter Facebook. JAMA Forum. Lawrence Gostin, JD. May 15, Views 1, View Metrics. Article Information. History and Purpose. The Conscience Rule.
Legal and Public Health Implications. About the author : Lawrence O. Image: Georgetown University Law Center. Limit characters. Limit 25 characters. Conflicts of Interest Disclosure Identify all potential conflicts of interest that might be relevant to your comment. You may file a complaint under the Federal Health Care Provider Conscience Protection Statutes if you believe you have experienced discrimination because you:.
Objected to, participated in, or refused to participate in specific medical procedures, including abortion and sterilization, and related training and research activities. Refused to provide health care items or services for the purpose of causing, or assisting in causing, the death of an individual, such as by assisted suicide or euthanasia.
The conscience provisions contained in 42 U. Enacted in , section , contained in 42 U. The Weldon Amendment was originally passed as part of the HHS appropriation and has been readopted or incorporated by reference in each subsequent HHS appropriations act since The Affordable Care Act Pub. If I had to respond in a couple of sentences, I guess I'd say something very conventional sounding: Conscience is a person's considered and sincere judgment about right and wrong, and an enlightened constitutional regime would try to protect it from regulation.
Richard W. I don't think this is quite right. Thomas F. Farr: Conscience is the dimension of the intellect that guides an individual to choose truth over falsehood, right over wrong, good over evil.
So long as it is understood as an aspect of human choice that is ordered to objective truth—i. Because of the First Amendment, the American constitution privileges protection of the religious conscience over other forms.
If that is to change, it should be done via democratic means, not by judicial fiat. Marc O. DeGirolami: Conscience is a difficult term to define for legal purposes, making it an equally complicated affair to know what does and does not deserve protection. At the very least, we might say that a person who acts from conscience acts on the basis of some deeply held moral conviction. If it is based in pragmatic judgment, then it is not conscience-based.
The trouble with this description is exactly that it makes our understanding of what morality is the touchstone of what conscience is. And then there is the issue of describing the reason that a state ought to defer in some circumstances—which ones?
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