What About The Doctors' Rights?

In the overwhelming tide of anti-choice legislation (honestly, don't these people have ANYTHING else to do?), we've seen a trend of being focused on legislating what goes on in the exam room, what words are exchanged between doctor and patient, what specific techniques the doctor has to use.  As Melissa over at Shakesville has pointed out a few times, these "state-sanctioned rape" bills (laws mandating transvaginal ultrasound prior to abortion) not only enforce a requirement of coerced penetration on the patient, they require that the doctor administer said non-consensual penetration.  In essence, they victimize the doctor as well as the patient, by coercing them both to engage in an act of penetration to which neither has the option of not consenting to.

We've also recently seen a rise in striking-back bills - ones that declare "sperm persons", ones that would require a person seeking medication for erectile dysfunction have a variety of invasive medical tests before receiving care, etc.

So here's a fun one that combines those two angles:  A doctor in Alabama has crafted a piece of legislation that would declare that the physician's judgment and medical necessity supersede any legislation requiring specific procedures or services.  Here's the text:
No physician or health care provider licensed to practice in the State of Alabama shall be forced by state or local regulatory authority to perform any medical service or component of medical service if the service or component of service is not medically necessary or would be harmful to the patient and the patient does not desire the medical service. The right to practice within the scope of a medical license supersedes any existing or future legislative act.
It's basically the good twin to the "conscience clause" bills that allow people working in healthcare (often including not only the doctors themselves, but everyone from the intake and discharge nurses, to the person who cleans the room or preps instruments or fills prescriptions in any way even tenuously related to abortion or end-of-pregnancy care) to refuse to participate in any level of the abortion process.  If they're allowed to refuse to do certain medical procedures because of their conscience - and even, in many cases, allowed to refuse to refer for those services - why shouldn't doctors of a different ethical bent be allowed to refuse to do other medical procedures that they find offensive?  I think this is a fantastic idea, and every state plus the federal government ought to have one.  And if they vote it down, we should play "zombie bill" with it and keep bringing it back over and over until it passes.  ^_^

I wasn't able to find bill-tracking information for it.  RH Reality Check said that it was offered as an amendment which was voted down after only 10 minutes of debate, but also said to check the legislative calendar for the Judiciary Committee to see when it comes up, so I'm unclear on the status.  (If anyone knows more, please let me know in comments.)

Also, I found this sentence at the end of the RHRC piece to be hilarious in a lolsobby sort of way:
...action is needed to protect the rights of [people] seeking reproductive health care in statehouses across the country.
I know "in statehouses across the country" is meant to modify "action is needed", but I'm cracking up at how the proximity to "seeking reproductive health care" implies that they are seeking reproductive health care in statehouses across the nation.  Well, shit - if this trend keeps up, it may well be the only way to *get* reproductive health care.  You'll have to petition your representative for a permission slip.


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