Nursing Archives - Page 4 of 5 - Protection of Conscience Project Library

Reproductive Health Services and the Law and Ethics of Conscientious Objection

Bernard M Dickens

Abstract
Reproductive health services address contraception, sterilization and abortion, and new technologies such as gamete selection and manipulation,in vitro fertilization and surrogate motherhood. Artificial fertility control and medically assisted reproduction are opposed by conservative religions and philosophies, whose adherents may object to participation. Physicians’ conscientious objection to non-lifesaving interventions in pregnancy have long been accepted. Nurses’ claims are less recognized, allowing nonparticipation in abortions but not refusal of patient preparation and aftercare. Objections of others in health- related activities, such as serving meals to abortion patients and typing abortion referral letters, have been disallowed. Pharmacists may claim refusal rights over fulfilling prescriptions for emergency (post-coital) contraceptives and drugs for medical (i.e. non-surgical) abortion. This paper addresses limits to conscientious objection to participation in reproductive health services, and conditions to which rights of objection may be subject. Individuals have human rights to freedom of religious conscience, but institutions, as artificial legal persons, may not claim this right.

Dickens BM. Reproductive Health Services and the Law and Ethics of Conscientious Objection. Med Law. 2001;20(2)283-293.

The scope and limits of conscientious objection

Bernard M Dickens, Rebecca J Cook

International Journal of Gynecology & Obstetrics

Abstract
Principles of religious freedom protect physicians, nurses and others who refuse participation in medical procedures to which they hold conscientious objections. However, they cannot decline participation in procedures to save life or continuing health. Physicians who refuse to perform procedures on religious grounds must refer their patients to non-objecting practitioners. When physicians refuse to accept applicants as patients for procedures to which they object, governmental healthcare administrators must ensure that non-objecting providers are reasonably accessible. Nurses’ conscientious objections to participate directly in procedures they find religiously offensive should be accommodated, but nurses cannot object to giving patients indirect aid. Medical and nursing students cannot object to be educated about procedures in which they would not participate, but may object to having to perform them under supervision. Hospitals cannot usually claim an institutional conscientious objection, nor discriminate against potential staff applicants who would not object to participation in particular procedures.

Dickens BM, Cook RJ. The scope and limits of conscientious objection. Int J Gyn Ob. 2000;71(1):71-77.

The First Ten Principles for the Ethical Administration of Nursing Services

Leah L Curtin

Abstract
At the dawn of the 20th century, postmodern academics stressed the cultural differences among human beings. Philosophers predicated differing value systems based on these cultural differences, and conflicts have arisen among those who hold distinctly different religious traditions. Many people believe there can be no universal system to explain reality and thus form the basis for norms in human behavior. However, at the close of the 20th century scientists and philosophers had come full circle: physics quite literally became metaphysics, and ethical systems made sense. Rush Kidder interviewed two dozen “men and women of good conscience” from around the world and asked them if there is a single set of values that wise people use to make decisions. They answered with a resounding YES! Thus, in addition to the customary principles of beneficence, nonmalfeasance, honesty, and so forth, the author proposes a set of ethical principles based on those universal values, adapted to fit nursing administrators’ dual responsibilities. Ethical decision making and behavior, the author contends, help to reconcile perspectives and interests and to keep values and mission uppermost in one’s mind. In the process, ethical behavior establishes long-term relations of trust and cooperation, which in turn promote consistency and stability in an unstable world..

Curtin LL. The First Ten Principles for the Ethical Administration of Nursing Services. Nurs Adm Q. 2000 Fall;25(1):7-13.

(News) Leak of abortion information creates turmoil at Foothills

Richard Cairney

Canadian Medical Association Journal, CMAJ — Canadian Medical Association Journal

Extract

The Calgary Regional Health Authority (CRHA)has won a court judgement preserving the private, confidential nature of documents concerning genetic terminations of pregnancy that were leaked to Alberta Report by one or more angry pro-life nurses. . . .The controversy erupted after one or more members of the nursing staff at Foothills leaked confidential documents to the magazine. The resulting articles were filled with loaded language — “genetic terminations unquestionably constitute murder” and “the abortionist might well be guilty of culpable homicide” are 2 examples. . . ..

Cairney R. Leak of abortion information creates turmoil at Foothills. Can. Med. Assoc. J.. 1999;161(4):424-425.

Descriptive and Normative Ethics: Conscientious Objection

Tina PH Baker

Abstract
Conscientious objection preserves the personal integrity and wholeness of a health care professional’s character and personality. Professionals are obligated not only to codes of ethics and standards of care that guide their practices, but also to personal values. When professional and personal values conflict with health care delivery, nurses are compelled to object on moral grounds on behalf of themselves and the public they serve.

Baker TP. Descriptive and Normative Ethics: Conscientious Objection. Nurs Manag. (Harrow). 1996;27(10):32DD-32FF

Abortion: the limits of moral repugnance

Leah L Curtin

Abstract
A 28-year-old married woman, gravida 3 para 2002, was transferred to a tertiary care hospital at 27 2/7 weeks gestation for verification of gross fetal anomalies. Ultra-sonography studies showed the child she carried had a dramatic gastroschises, an enlarged heart, and small limb buds for arms. The patient was informed of her fetus’ condition and, after she discussed the situation with her husband, both parents asked that the pregnancy be terminated.

Using prostaglandin, the physician induced labor prematurely in a labor and delivery room suite. Both parents held the child until shortly before its death.

A voluntary abortion this late in pregnancy for nonlethal birth defects caused considerable concern and even distress among the nursing staff on this unit. As a matter of conscience, almost half of the nursing staff refused to care for any patients having elective abortions, and this case raised even more moral questions than usual. Moreover, this couple—and even their family members—received threatening phone calls and letters while the woman was still in the hospital, and the couple reported receiving even more after she returned home.

Curtin LL. Abortion: the limits of moral repugnance. Nurs Manag. 1994 Oct;25(10):22-25.

Consequences for patients of health care professionals’ conscientious actions: the ban on abortions in South Australia

Leslie Cannold

Abstract
The legitimacy of the refusal of South Australian nurses to care for second trimester abortion patients on grounds of conscience is examined as a test case for a theory of permissible limits on the autonomy of health care professionals. In cases of health care professional (HCP) conscientious refusal, it is argued that a balance be struck between the HCPs’ claims to autonomous action and the consequences to them of having their autonomous action restricted, and the entitlement of patients to care and the consequences for them of being refused such care. Conscientious action that results in the disruption or termination of health care services, however, is always impermissible on two grounds. Firstly, because it is at this point that the action ‘… invades a patient’s autonomy, puts a patient at serious risk … [and] treats a patient unjustly’ (1) Secondly, because the consequences of such refusals turn them into political acts-acts of civil disobedience. It is arguable that in order for acts of civil disobedience to be legitimate, certain obligations are required of the dissenter by the community. It is concluded that the actions of the South Australian nurses, which have over the last few years both terminated and disrupted second trimester services, are morally impermissible.

Cannold L. Consequences for patients of health care professionals’ conscientious actions: the ban on abortions in South Australia. J Med Ethics. 1994 Jun;20(2):80-86.

Conscience and Clinical Care

Leah L Curtin

Extract
If the state itself does not presume to order the consciences of its citizens, how can employers, physicians or hierarchical superiors assume such authority? For those in positions of power, it is all too easy to stifle the criticisms and consciences of subordinates by a summons to authority – or by an accusation of insubordination. The irony of it is that whether you succeed or fail in your attempts to force obedience through such tactics, you will have lost your most valuable asset – a man or woman of integrity. Within the ethical, professional and legal restraints to which all of us are subject, we can and must create a system that allows for respectful dissent and conscientious objection.

Curtin LL. Conscience and Clinical Care. Nurs Manag. 1993 Aug;24(8):26-28.

Creating Moral Space for Nurses

Leah L Curtin

Extract
(Lengthy 1983 editorial repeated verbatim in 1993 includes the following) “No nurse should be required to give any drug if (a) she is not competent to give it or (b) she has problems of conscience with regard to its administration. If, for these reasons, a nurse refuses to give a drug, another nurse may do so. The original nurse should receive inservice and/or counseling. If she still has conscientious objections, she should not be coerced. The patient’s right to have/refuse a drug should be protected by meticulous adherence to the principles and procedures of informed consent. However, his right to the drug is not greater than another human being’s (the nurse’s) obligation to practice with integrity. Therefore, if one nurse will not give the drug – the head nurse, coordinator or supervisor should give the drug.” If none of these nurses can, in conscience, administer the drug, then the physician who ordered it must give It himself or find another physician who will do it for him.

Curtin LL. Creating Moral Space for Nurses. Nurs Manag. 1993 Mar;24(3):18-19.

(Correspondence) Readers Advocate Pro-conscience, Not Pro-Choice (Invited response)

Susan Wysocki

Extract
A nurse practitioner’s personal position on this issue is irrelevant in tem1s of the provision of patient care. Our responsibility as nurse practitioners is to provide our patients with information that helps them to make their own decisions based on the constructs of their own beliefs and needs. This does not mean that nurse practitioners who find a patient’s reproductive-health decisions to be in conflict with their own morals and beliefs should be forced to counsel on those choices. Instead, they have a responsibility to ensure that the patient has her needs met with another provider.

Wysocki S. (Correspondence) Readers Advocate Pro-conscience, Not Pro-Choice (Invited response). Nurse Pract. 1992 Oct;17(10):8-9