Why Tolerate Conscientious Objections in Medicine
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Most arguments about conscientious objections in medicine fail to capture the full scope and complexity of the concept before drawing conclusions about their permissibility in practice. Arguments favoring and disfavoring the accommodation of conscientious objections in practice tend to focus too narrowly on prima facie morally contentious treatments and religious claims of conscience, while further failing to address the possibility of moral perspectives changing over time. In this paper, I argue that standard reasons against permitting conscientious objections in practice—that their permission may result in harm to patients, the idea that medical providers willingly enter into the medical field, and that conscientious objections stand contrary to medical professionalism—do not apply in all cases and that the medical field and health systems in which many physicians now practice should continue to tolerate conscientious objections in practice.
KeywordsConscientious objection Religion and medicine Liberalism Harm
I would like to thank Tyler Whatley, MTS, of Divine Savior Healthcare and Sarah Brown, MD, of Gundersen Health System for their helpful thoughts and comments on the ideas presented in this paper, particularly regarding some of the case examples.
- American College of Obstetricians and Gynecologists. (2018). Frequently asked questions: Labor, delivery, and postpartum care faq006. Cesarean Birth. The American College of Obstetricians and Gynecologists. https://www.acog.org/Patients/FAQs/Cesarean-Birth#can. Accessed 22 Feb 2019.
- American Medical Association. (2017). Code of medical ethics of the American Medical Association. Chicago: American Medical Association.Google Scholar
- Baker K R. (2018). Refusal to fill prescriptions under conscience clauses. Drug topics. Modern Medicine Network. https://www.drugtopics.com/legal-news/refusal-fill-prescriptions-under-conscience-clauses. Accessed 20 Feb 2019.
- Levinson, W., Ginsburg, S., Hafferty, F. W., & Lucey, C. R. (2014). Understanding medical professionalism. New York: McGraw Hill Education.Google Scholar
- Neil Noesen v. State of Wisconsin Department of Regulation and Licensing Pharmacy Examining Board, 2008 WI App 52 (Wis. App. 3d 2008).Google Scholar
- Porter, S. (2012). 52,000 more primary care physicians needed by 2025: Trifecta of circumstances drive shortage. News document. American Academy of Family Physicians. https://www.aafp.org/news/practice-professional-issues/20121114workforceneeds.html. Accessed 20 Feb 2019.