LINCOLN, Neb. (KMTV) — When making medical decisions doctors often utilize a standard of care or best medical practice when deciding the best course of treatment for a patient.
But there are some cases where a medical practitioner, through changing circumstances or their own judgment, feel they can’t perform or prescribe a certain treatment.
A new bill wants to make sure their right to refuse is enshrined in law.
“Among other things, it provides a medical practitioner, health care institution, or health care payer has the right not to participate in or pay for any healthcare service which violates such persons or entities conscience,” said Senator Dave Murman, the introducer of LB810.
LB810 would protect doctors who feel they would violate their own conscience through certain medical interventions.
That means if a pharmacist doesn’t support the use of contraceptives they can refuse to fill a prescription for birth control, a nurse who doesn’t support vaccines can refuse to administer them and a doctor who isn’t supportive of a patient’s personal relationships could refuse to prescribe viagra if they think the patient isn’t using it with their spouse.
“It's not that I don’t prescribe Viagra but there are certain situations where I think it's wrong. I hope you can see, even if you don’t agree with my decision, where my conscience came into play. One in which a gentleman was using Viagra for prostitution and the second one where he was having affairs,” said Dr. Carolyn Manhart, a physician with CHI Health in Omaha.
Opponents, which include the Nebraska Medical Association and Nebraska Nurses’ Association, argue that while a doctor's conscience needs to be respected, there is a limit.
They say medical practices are already accommodating of doctors with objections based on conscience and that the bill would put an undue burden on providers who would be forced to limit their patients' access to certain treatment options or risk a lawsuit.
”Now imagine that, as described in this bill I think on page five, it describes a medical practitioner. Who might that mean? This includes anybody employed by the hospital. Say a vaccine arrives in a box at the hospital, anywhere along the line someone could say I have a consciences objection to this vaccine. I may not unload it, I may not take it to the pharmacy, the pharmacist may not fill it in a syringe, the nurse may not administer it. This bill really impacts our ability to give great health care,” said Dr. John Trapp with the Nebraska Hospital Association.
The wide scope of the bill was also concerning for some who felt it would give doctors the green light to discriminate against certain populations, in particular those who are seeking reproductive care or LGBTQ patients.
“It could be about people who need IVF for infertility, it could be about people who need HIV prevention medication if they are sexually active adults. That is really about the person and not necessarily about the service,” said Abbi Swatsworth with Out Nebraska.
Download our apps today for all of our latest coverage.
Get the latest news and weather delivered straight to your inbox.
