Joel T. Wu, JD, MPH, MA and Jennifer B. McCormick, PhD, MPP
False health-related speech can cause harm, but it’s not restricted unless it’s obscene. Physicians are obliged not only to correct patients’ false beliefs, but to engage digital spaces in which false claims thrive.
AMA J Ethics. 2018;20(11):E1052-1058. doi:
10.1001/amajethics.2018.1052.
Government can regulate false speech and professional speech, which bans “gag laws” and compelled speech about laws to restrict abortion, for example. How should health professions share regulatory responsibility with government to prevent true speech about health information from being stifled?
AMA J Ethics. 2018;20(11):E1041-1048. doi:
10.1001/amajethics.2018.1041.
Professional society guidelines can be used to set standards for clinical practice instead of government. This approach could help if federal or state policymakers view discarding embryos as ethically equivalent to abortion.
AMA J Ethics. 2018;20(12):E1160-1167. doi:
10.1001/amajethics.2018.1160.
Federal regulations governing egg donation fall into two categories: safety testing and truth in advertising. Neither deals directly with informed consent by, for example, specifying what information donors must be given.
With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated.
Several recent court cases illustrate how some states are attempting to mandate physician reporting of all underage sexual activity as instances of child abuse.