Officials say Kentucky ranks in the bottom 10 states across the U-S for healthcare, and about two thirds face a massive shortage of OBGYNs. Healthcare leaders and legislators have conflicting plans to tackle the Commonwealth’s shortage. Senate Bill 132 would establish what it calls individual civil protection for healthcare workers, permitting professionals to refuse to perform procedures or treatments based on a religious or ethical belief without consequence.
While the bill’s sponsors say the measure would enable more diversity in the healthcare field amidst the state’s healthcare field, other officials say it’s not the right way.
David Conway, a minister and registered nurse, spoke about the legislation to the Senate Standing Committee on Health Services. Conway said he, alongside other providers and organizations like the American Medical Association, oppose this bill because it would likely cause delays and barriers to care, especially in rural areas.
“It makes it illegal for someone to even suggest that an employee who objects to providing care be reassigned to another task. In other words, if I were the lead nurse and I knew that a nurse was opposed to this procedure, I wouldn’t have the freedom to say, ‘why don’t you take a step out and let somebody else in?’ If an employee is uncomfortable providing care, the compassionate action is to reassign them,” said Conway.
He argued in rural areas without other options, this bill would cause worse outcomes, especially for women’s health. Other healthcare providers and senators were concerned about the possibility of discrimination against patients based on their identity, race, or religion.
Proponents argued the bill would not allow practitioners to discriminate against their patients based on identity, only protecting those who refuse to perform certain procedures or prescribe medications. SB 132’s sponsors named abortion as its primary target, arguing doctors should not feel coerced or forced to perform one if it’s against their conscience.
State Senator Donald Douglas, a co-sponsor of the bill, testified to the Senate Standing Committee on Health Services early this month. He said in his career as a physician, these protections would have been pivotal.
“When I worked in pain management, the clinic I worked with insisted on writing for a lot of opioids for the patients to keep them coming through the practice,” said Douglas. “How has that worked out in the substance use disorder area, Mister Chairman? It hasn’t. So because I exercised my right of conscience to say this isn’t working, I believe I’ve saved a lot of lives.”
Other healthcare workers said it would open opportunities for discrimination and that medical professionals have an ethical obligation to serve their patients regardless of their beliefs.
The bill passed its committee reading and moves on to the full senate.