Bush Developing Rule That Could Limit Access to Birth Control

DAILY WOMEN'S HEALTH POLICY REPORT
NATIONAL POLITICS & POLICY | Bush Administration Developing Rule That Could Limit Access to Birth Control
[July 15, 2008]

The Bush administration is developing a regulation that would define abortion as "any of the various procedures -- including the prescription, dispensing and administration of any drug or the performance of any procedure or any other action -- that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation," the New York Times http://www.nytimes.com/2008/07/15/washington/15rule.html?_r=1... reports. The draft proposal leaked to the Times also would require all recipients of aid from HHS to certify they will not refuse to hire health care workers who object to abortion and certain types of birth control.

According to the Times, to receive funding under any program administered by HHS, researchers, clinics, medical schools and hospitals would have to sign "written certifications" that they will not discriminate against people who object to abortion or certain contraception. The certification also would be required of state and local governments when allocating grants to hospitals and other institutions that have policies against providing abortions, the Times reports. The administration said it could discontinue federal aid to individuals or entities that discriminate against people who oppose abortion on the basis of "religious beliefs or moral convictions." The leaked proposal -- which circulated in HHS on Monday -- said the new requirement is needed to guarantee that federal funds do not "support morally coercive or discriminatory practices or policies in violation of federal law." The proposal also expresses concern about state laws that require hospitals to provide emergency contraception to rape survivors who request it, according to the Times.

Reaction

Mary Jane Gallagher, president of the National Family Planning and Reproductive Health Association http://www.nfprha.org/main/index.cfm?Category=Main&Section=Main , said, "The proposed definition of abortion is so broad that it would cover many types of birth control, including oral contraceptives and emergency contraception." She added, "We worry that under the proposal, contraceptive services would become less available to low-income and uninsured women." Nancy Keenan, president of NARAL Pro-Choice America http://www.prochoiceamerica.org/index.cfm , said, "Why on earth is the Bush administration trying to discourage doctors and clinics from providing contraception to women who need it?" Christina Pearson, a spokesperson for HHS, declined to discuss the draft rule. "We don't normally comment on whether we are considering changes in regulations," Pearson said (Pear, New York Times, 7/15).