Update on HHS Religious Exemptions Concerning Vaccines
Pamela A. Popper
Wellness Forum Health
A couple of weeks ago I reported that an Executive Order issued by President Donald Trump called for the establishment of a new rule by the Health and Human Services Department protecting the rights of healthcare workers to decline to participate in any healthcare process or procedure based to their conscience or religious beliefs. HHS published its proposed rules which now includes specific language concerning vaccines.
Not only are healthcare workers covered, but the requirement to receive vaccinations as a condition of education is also covered under the proposed new rule.
"Despite the longstanding nature of the Federal health care conscience and associated anti-discrimination laws that this rule proposes to enforce, discrimination and coercion continue to occur. Relevant situations where persons, entities, and health care entities with religious beliefs or moral convictions may be coerced or suffer discrimination include:
• Being asked to perform, participate in, pay for, counsel or refer for abortion, sterilization, euthanasia, or other health services;
• engaging in health professions training that pressures students, residents, fellows, etc., to perform, assist in the performance of, or counsel for abortion;
• considering a career in obstetrics, family medicine, or elder care, when one has a religious or moral objection to abortion, sterilization, or euthanasia;
• raising religious or moral objections to participating in certain services within the scope of one's employment; and,
• being required to administer or receive certain vaccinations derived from aborted fetal tissues as a condition of work or receipt of educational services."
The rule supports the rights of patients to seek out doctors who share their point of view concerning vaccines, with this statement:
"PATIENT BENEFITS FROM CONSCIENCE PROTECTIONS
In supporting a more diverse medical field, the proposed rule would create ancillary benefits for patients. The proposed rule would assist patients in seeking counselors and other health-care providers who share their deepest held convictions. Some patients will appreciate the ability to speak frankly about their own convictions concerning questions that touch upon life and death and treatment preferences with a doctor best suited to provide such treatment. A pro-life woman may seek a pro-life ob-gyn to advise her on decisions relating to her fertility and reproductive choices. A pro-vaccination parent may seek a pediatrician who shares his views. Open communication in the doctor-patient relationship will foster better over-all care for patients."
To be clear, this rule does not supersede state laws (California, West Virginia, and Mississippi do not allow religious exemptions), and it does not apply to educational institutions. But it does set up a process whereby people can complain about organizations that receive federal funding and that coerce vaccination or discriminate against those who object. And it specifically addresses the issue of coercion in educational settings. It states, “"Third, providers of pediatric vaccines funded by Federal medical assistance programs must comply with any State laws relating to any religious or other exemptions."
Please visit the website below, which includes information about how to comment. It is imperative that we overwhelm the system with supportive comments in order for this rule to take effect: