Healthcare Provider Conscience Protection
Sponsor: Rep. Ehardt

Michigan law does not provide a comprehensive "conscience clause" to protect healthcare providers and institutions from liability for refusing to provide or participate in healthcare services to which they have moral or religious objections. A whole host of medical services can create conflicts for healthcare providers which may be ethical in nature and not necessarily illegal. Withholding or withdrawing treatments that lead to a patient's death, including withdrawing food and fluids, create quandaries for some healthcare providers.

Various forms of genetic research or experimentation, including using human embryos and aborted fetal tissue are problematic for prolife providers. Court-ordered surgeries or sterilizations of mentally/emotionally impaired persons can be objectionable. This bill would create a comprehensive "conscience clause" provision that protects the rights of healthcare providers and institutions. A clearly articulated conscientious objection on ethical, moral or religious grounds would protect healthcare providers from employment discrimination, and civil and legal liability if they decline to participate in a healthcare service.

•Healthcare providers should not have to fear losing their jobs, or suffering other consequences for declining to participate in a service that has clear ethical or moral implications, and many times is "elective" for the patient.

•A right of conscience is not a right to discriminate. Objections to a healthcare service can only be based on the nature of the service; not the status of the person being treated.

•This bill will not jeopardize patients' health. Healthcare workers will be required to provide emergency services when patients need immediate medical attention.

 

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