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Reply To: | Academy of Legal Studies in Business (ALSB) Talk |
Date: | Tue, 6 Sep 2005 17:09:05 -0400 |
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OK: As I sometimes tell my students, "I'm making this up" but I think I am on the right track:
Specifically, how much discretion to physicians have in integrating their religious beliefs in their hospital practice? I've done some searching all I find are law reviews on abortion.
For example, can a physician recommend prayer to his patients?
Can a hospital reprimand a physician for doing so? SEEMS LIKE YOU HAVE TO DECIDE IF THIS IS GOOD MEDICINE OR NOT (WHAT IF THE PATIENT IS AN ATHEIST? ) WHAT DOES THE DOCTOR KNOW ABOUT THE PATIENT'S RELIGIOUS BELIEFS, AND HOW DOES HE COMMUNICATE HIS ADMONITION TO PRAY: HOPELESSNESS/USELESSNESS OF SCIENTIFIC MEDICINE--OR SOMETHING AKIN TO A DOCTOR WHO TOLD ME TO TAKE ALL THE NUTRITIONAL SUPPS I WANTED IF I THOUGHT THEY WOUDL HELP ME HEAL FASTER--EVEN THOUGH IT WAS CLEAR THAT SHE WOULDN'T HAVE RECOMMENDED THEM TO ME... MANY PUBLIC HOSPITALS OFFER VISITS FROM CLERICS, BUT DON'T FORCE THE ON DISINTERESTED PATIENTS. AND THERE MIGHT BE ETHICAL GUIDELINES IN THIS REGARD, AS WELL.-
Can a physician refuse to perform certain procedures on religious grounds without fear of retribution? YEAH--THAT'S THE ABORTION DEBATE, AND THE ANSWER IS YES FOR THAT (THERE'S A STATUTE). DON'T KNOW ABOUT OTHERS, ALTHOUGH THIS IS CLEARLY A RISING CONCERN...WITH THE PHARMACISTS ALL OVER WHO ARE DECIDING NOT TO FILL RX FOR ABORTION/CONTRACEPTIVE MEDS.
Does the "religious accommodation" area apply here? YES, BUT RELIGIONS DON'T GENERALLY REQUIRE THEIR MEMBERS TO CONSTANTLY PROSELATIZE, SO NOT SURE WHY THE "TELLING A PATIENT TO PRAY" WOULD HAVE TO BE ACCOMODATED, ALTHOUGH THE REFUSAL TO PERFORM CERTAIN PROCEDURES MIGHT BE.
Does the First Amendment apply at all even though it involves a non-state actor hospital? (NOT SURE, BUT REMEMBER THAT ALMOST EVERY HOSPITAL GETS FEDERAL FUNDS--(MEDICARE, MEDICAID, HILL-BURTON, ETC.)
What if the hospital does have a government affliation?
Interesting questions--I might poke around some and get back to you. Elaine
If anyone out there could at least point me in the right direction I'd appreciate it.
Thanks,
Robert
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask]
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