FAQ: What do federal laws and the regulation say about participating in morally controversial issues?
What do federal laws and the regulation say about participating in morally controversial issues?
The regulation reflects the broad accommodation of conscience rights articulated by the underlying civil rights laws. The regulation does not spell out detailed lists of acceptable conscientious stances. For example, it does not specifically mention the issue of contraception.
The laws underlying the regulation protect the rights of health care entities/entities, both individuals and institutions, to refuse to perform health care services and research activities to which they may object for religious, moral, ethical, or other reasons.
For example, the Church Amendment-one of the three civil rights laws underlying the regulation-in particular provides broad freedom of conscience on a range of issues:
- The conscience provision contained in 42 U.S.C. § 300a-7(c)(2), prohibits any entity which receives a grant or contract for biomedical or behavioral research under any program administered by the Department from discriminating against any physician or other health care personnel in employment, promotion, termination of employment, or extension of staff or other privileges "because he performed or assisted in the performance of any lawful health service or research activity," or "because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity."
- Another conscience provision in law, 42 U.S.C. § 300a-7(d), provides that "[n]o individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by [the Department] if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions."
- Yet another conscience provision contained in the Church Amendments, 42 U.S.C. § 300a-7(e), prohibits any entity that receives a grant, contract, loan, or loan guarantee under certain Departmentally implemented statutes from denying admission to, or otherwise discriminating against, "any applicant (including for internships and residencies) for training or study because of the applicant's reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant's religious beliefs or moral convictions."
