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Archive for Saturday, February 28, 2009

Obama wants to rescind Bush abortion rule, source says

February 28, 2009

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— President Barack 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 Friday 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, President Barack 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 health care professionals from being forced to violate their consciences.”

McClusky and other abortion opponents said the Bush regulation clarified federal policies and raised awareness about the rights of medical providers to follow their consciences. But abortion rights advocates said it 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 health care access and I think it would have had far-reaching and unintended consequences.”

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

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