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The Honolulu Advertiser
Posted on: Saturday, February 28, 2009

Obama reconsiders doctor's right not to perform abortion

By Ricardo Alonso-Zaldivar
Associated Press

WASHINGTON — President Obama plans to repeal a Bush administration rule that has become a flash point in the debate over a doctor's right not to participate in abortions.

The regulation, instituted in the last days of the Bush administration, strengthened job protections for doctors and nurses who refuse to provide a medical service because of moral qualms. A Health and Human Services official said yesterday the administration will publish notice of its intentions early next week, opening a 30-day comment period for advocates on both sides, medical groups and the public.

The official spoke on condition of anonymity because the notice has not been completed.

The Bush administration rule was quickly challenged in federal court by several states and medical organizations. As a candidate, Obama criticized the regulation and campaign aides promised that if elected, he would review it.

The news that he was doing so drew praise from abortion-rights supporters and condemnation from groups opposed to abortion.

"It would be a horrible move. These regulations were a long time coming," said Tom McClusky, a vice president at Family Research Council. "What they seek to do is protect patients, nurses, doctors and other healthcare professionals from being forced to violate their consciences."

Abortion rights advocates said the rule was vague and overly broad, and could reduce access to other services — allowing a drugstore clerk to refuse to sell birth control pills, for example.

"I think it's a wonderful step," Rep. Diana DeGette, D-Colo., who co-chairs the Congressional Pro-choice Caucus and has introduced legislation to overturn the regulation, said of Obama's move.

"That rule was actually a poorly drafted last-minute attempt to, I think, restrict healthcare access and I think it would have had far-reaching and unintended consequences."

Federal law has long prohibited discrimination against healthcare professionals who refuse to perform abortions or provide referrals for them on religious or moral grounds. The Obama administration supports those laws, the HHS official said.

The Bush administration's rule adds a requirement that institutions that get federal money certify their compliance with laws protecting the rights of moral objectors. It was intended to block the flow of federal funds to hospitals and other institutions that ignore those rights.

But the Obama administration was concerned that the Bush regulation went too far and could also be used to refuse birth control, family planning services and counseling for vaccines and transfusions.

The administration will review comments from the public before making a final decision. Options range from repealing the regulation to writing a new one with a narrower scope.