Iris G. Insogna, MD, MBE and Elizabeth S. Ginsburg, MD
Although the World Health Organization defines infertility as a disease, insurance coverage gaps generate disparities in access to care and treatment, especially for tubal factor infertility and oncofertility.
AMA J Ethics. 2018;20(12):E1152-1159. doi:
10.1001/amajethics.2018.1152.
Protecting one’s moral integrity may require a conscience clause that protects positive conscience claims by permitting individuals to perform actions that are otherwise prohibited by legal or institutional rules.
Qualifying conscience protections for institutions with requirements that they minimize hardship caused to the patient would prevent religious institutions from acting as a choke point on the path to services.
If employees of religious institutions whose consciences conflict with those of their employers were to be granted legal protection for positive claims of conscience, the religious freedom of institutions within which they work would be gravely compromised.
An argument that the concept of judicious dissent can resolve the debate over a physician’s conscience-based right to refuse to provide lawful services.
An argument that an individual physician’s conscience-based decision not to offer specific, lawful medical services should not restrict patients’ access to those services.
With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated.