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IMS Member Opinion Article

When Doctors Say No: Conscience and Care in Modern Medicine

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Jubilee Hou, OMS III

Jubilee Hou is a third-year medical student at Des Moines University. He earned a bachelor’s degree in music performance and psychology in 2020 from the University of Wisconsin-Madison and completed graduate coursework at the University of Michigan. This is his first year as a member of the IMS Law and Ethics Committee.

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Claire Loftus, OMS II

Claire Loftus is a second-year medical student at Des Moines University and holds a bachelor’s degree in psychology from the University of Notre Dame. She serves as secretary of DMU’s Iowa Medical Society-American Medical Association club and is in her second year on the IMS Law and Ethics Committee.

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Nick Kluesner, MD, FACEP

Nick Kluesner, MD, is chair of the IMS Law and Ethics Committee. He is associate medical director in the emergency department at UnityPoint Health-Des Moines and associate program director of the Iowa Methodist Medical Center emergency medicine residency program in Des Moines. He also serves as vice chair of the Ethics Committee for the American College of Emergency Physicians.

In recent years, conscientious objection has reemerged as a source of controversy. Conscientious objection legislation historically focused on responses to Roe v. Wade, the 1973 Supreme Court decision, which legalized abortion nationally. The Coats Amendment of 1996, for example, protected physicians and trainees who disagree with abortion, while the Balanced Budget Act of 1997 allowed insurance companies to use religious beliefs or moral convictions to deny claims. In 2009, the Bush administration issued the Provider Conscience regulations, broadly protecting refusals based on religious or moral beliefs; the Obama administration later narrowed these protections to abortion and sterilization under the Church Amendment.

Professional organizations, including the American Medical Association (AMA), also refined policy statements around conscientious objection, generally permitting physicians to exercise their moral beliefs with a few restrictions. As AMA Code of Medical Ethics Policy 1.1.7 Physician Exercise of Conscience explains, “[physicians] are moral agents in their own right and, like their patients, are informed by and committed to diverse cultural, religious, and philosophical traditions and beliefs.” This represents the foundation of conscientious objection – that physicians are persons too and “have the freedom to act according to conscience.”

Physicians’ professional autonomy, due in large part to their fiduciary responsibilities to patients, is not unlimited. The AMA Code of Medical Ethics identifies several constraints on this autonomy, including obligations to provide emergency care, avoid discriminatory practices, and facilitate referrals for patients.

Because many of these scenarios center on reproductive medicine, it is prudent to reference the American College of Obstetricians and Gynecologists 2007 Committee Opinion on “The Limits of Conscientious Refusal in Reproductive Medicine.” In this position statement, ACOG affirms precisely the same limitations as the AMA – importantly noting that physicians may not withhold information about treatment options, even those they morally oppose, as doing so undermines informed consent and patient autonomy. They explicitly note that in emergencies, where referral is not feasible, physicians must provide stabilizing treatments to prevent harm.

Thus, we see clear consistency in medical ethics limiting conscientious objection to not compromise patient safety in emergencies or access to care through failure to provide referrals or through discriminatory practices.

Against this backdrop, recent legislative proposals have included broad-based language protecting physician conscientious objection. Supporters argue such bills strengthen physician autonomy, while opponents warn that the legislative proposals fail to codify the aforementioned limits to this conscientious objection.

The Iowa Medical Society registered against House File 571, citing concerns about its potential to interfere with patient care.

As legislative initiatives on conscientious objection surface, it is equally important to ensure these protections remain balanced with safeguards for patients, as outlined in authoritative medical ethics opinions. Regardless of legislative outcomes, physicians should reflect on their personal convictions, practice settings, and referral options. Doing so ensures ethical handoffs, continuity of care, non-discrimination, and full disclosure of treatment options, while protecting patients and preserving physicians’ moral integrity.

References

Stahl RY and EJ Emanual. “Physicians, Not Conscripts – Conscientious Objection in Health Care.” NEJM 2017; 376 (14): 1380-1385.

AMA Code of Medical Ethics 1.1.7 Physician Exercise of Conscience

ACOG Committee Opinion No. 385: The Limits of Conscientious Refusal in Reproductive Medicine.

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