Conscience clause in medical professions
Abstract
The usage of „Conscience clause” rises huge controversies among personnel from medical or legal environment, as well as among society. The development of medicine, new diagnosis and therapy methods, implementation of new medical technologies and development of new medical specialities, that have not been known before, i.e. transplantation, artificial procreation (in-vitro) or genetic engineering caused that medical personnel was given the right to select if specific procedure or medical service is consistent with their morality or personal beliefs. It is necessary to stress that the usage of „Conscience clause” by medical personnel is not acceptable in a manner which could discriminate patients against nationality, sexual orientation or religious and political views. Based on currently binding regulations the right to use of „Conscience clause” is given to doctors, nurses and midwives. The usage of „Conscience clause” could be limited for medical personnel in emergency cases when help is indispensable for patient due to the risk of life danger, severe body damage or severe health risk damage. It is necessary to highlight that current regulations of the usage of „Conscience clause” by medical personnel and the deontology norms regulating this issue are not precise nor transparent which is a source of doubts in terms of „Conscience clause” usage by medical personnel. The usage of „Conscience clause” by medical personnel may result in the fact that patients do not receive medical benefits, which they are entitled to from universal health insurance.
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