‘Religious Liberty’ vs Patient Rights: Healthcare Providers Should Disclose Religious Restrictions to Care

Should science or religion determine treatment?

Should healthcare providers and institutions be allowed to deny services to patients based upon the provider’s “sincerely held religious beliefs”? I don’t think so. Discrimination is not OK.

This is the fourth year in a row that I have proposed a Patient’s Right to Know bill which requires healthcare providers and institutions to disclose upfront if they have any religious restrictions that would preclude them from providing all legal drugs and services within their scope of practice.

This is the first year that my bill made a splash in the news. Tucson residents may have seen the story about by bill HB2068 in the New Year’s Eve edition of the Arizona Daily Star, but it was also on the State of Reform website, in the Yellow Sheet (inserted below), and on KFYI radio. Providing or not providing services due to one’s “sincerely held religious beliefs” has been a hot topic since the infamous Hobby Lobby case in 2014.

HB2068’s popularity is likely due to the controversial nature of religious liberty legislation and to recent, high-profile court cases that harken back to the Religious Freedom Restoration Act (RFRA), which was proposed by Senator Ted Kennedy and then Congressman Chuck Schumer and signed into law by President Bill Clinton and in 1993. Although RFRA was declared unconstitutional21 states including Arizona have state RFRA laws, and the US Congress has passed 25 “conscience” bills related to healthcare.

When I was interviewed by one of the reporters he asked, “This is just about choice, right?” When I initially proposed this bill in 2017, it was about reproductive choice for me, but in 2019, when he asked me that question, I said, “No.” There are obviously other people who are being discriminated against for purportedly religious reasons.

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