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'Conscience clause' likely to pass Senate
11:16 PM 10/07/03
Phil Brinkman State government reporter

A bill pitting patients' wishes against the rights of doctors, pharmacists and other medical professionals to refuse to grant those wishes continued to divide lawmakers Tuesday. <

After four hours of often-emotional testimony, the Senate Committee on Health, Children, Families, Aging and Long-Term Care declined to vote on the bill (AB67). But passage in the Republican-controlled Senate appears likely after the GOP-led Assembly approved the measure this spring. <

Since the U.S. Supreme Court legalized most abortions in 1973, health workers in Wisconsin have been allowed to opt out of performing abortions or sterilizations. <

But recent developments including research on fetal stem cells and the abortion pill RU-486 are forcing medical professionals to choose between their conscience and their profession, said Rep. Jean Hundertmark, R-Clintonville, the bill's author. <

The bill would expand the list of procedures they could refuse to participate in to include anything that destroys a human embryo or involves transplanting cells from such an embryo. <

The measure, known as the "conscience clause" bill, also seeks to protect doctors and others from professional and legal repercussions for refusing to grant a patient's or family's wishes to withhold food and water for terminally ill patients. <

"This bill does not ban any medical procedures currently practiced. It only serves to protect the health-care workers who are directed to perform the procedures," Hundertmark said. Patients who still want the procedures can seek them from doctors willing to perform them, she said. <

But opponents of the bill said it elevates the rights of doctors above those they're duty-bound to serve. <

"The 'conscience clause' .

  • .
  • . is really a misnomer," La Crosse County Board Supervisor Sharon Hampson said. "I think it's 'denial of health care.' It guts medical ethics, it destroys the physician-patient relationship, and it has virtually no support from medical groups." <

    Democrats on the committee argued the bill was unnecessary, noting doctors and nurses can already refuse to participate in abortions, and suicide and euthanasia are already illegal in Wisconsin. <

    Sen. Chuck Chvala, D-Madison, said the law could get murky in cases where terminally ill patients need pain medication. In some cases, the dosage needed to ease the pain may also hasten death. The GOP bill would rather let that person live in pain than grant his or her wishes, he said. <

    Backers of the bill said the family could simply find a doctor who would administer the medicine. But opponents said a loved one's final days are traumatic and not the time to shop for a new doctor. <

    Sen. Judy Robson, D-Beloit, said no one could show doctors or nurses are being punished for their views and need the bill's protection. <

    But Dr. Matthew Lee, an obstetrician/gynecologist from Wauwatosa who supports the bill, said physicians pay a price professionally for refusing certain patient demands. <

    "I think it's going on every day," Lee said. "I've certainly experienced it, witnessed it. It's subtle."

  • Copyright © 2003 Wisconsin State Journal
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