Doctors can object to procedures, not specific patients, under revised religious discrimination bill

Under the revisions, conscientious objectors could refuse to provide treatments to which they objected on religious grounds, as long as the refusal is a blanket ban.
 
Speaking at a press conference, Attorney-General Christian Porter said the revised bill means it would be acceptable for a GP to, for example, refuse to ‘engage in hormone therapies’ for transgender patients broadly, but not for an individual patient only.
 
The revisions are intended to rule out discrimination, Mr Porter said.
 
‘What [the bill is] meant to do is protect people who establish and communicate a conscientious objection based on religious grounds to undertaking a certain procedure,’ he said.
 
RACGP President Dr Harry Nespolon cautiously welcomed the revisions, saying the college would ‘carefully consider’ the revised bill.
 
‘GPs should never be forced to participate in medical treatments where they have a conscientious objection,’ he told newsGP.  
 
‘It is best if patients know beforehand whether a GP objects to a particular treatment … usually done through signage in the practice or a conversation with the receptionist at the time of making an appointment.’
 
But Dr Nespolon stressed the need to have a plan in place for objecting GPs to refer patients to another GP. 
 
‘GPs cannot allow [conscientious] objection to impede access to legally available treatments,’ he said. ‘If a GP does conscientiously object then, ideally, they should refer the patient to another GP, preferably in the same practice or at least one nearby. This should be done in a timely and effective manner.’
 
‘I appreciate, however, that this does present ethical concerns for some GPs who view it as tantamount to not conscientiously objecting in the first place.’
 
The Medical Board of Australia’s Code of Conduct states that doctors should inform their patients if they hold a conscientious objection to a specific procedure, while ‘not using your objection to impede access to treatments that are legal’.
 
Associate Professor Mark Morgan, GP and Chair of the RACGP Expert Committee – Quality Care (REC–QC), has previously told newsGP that the best situation would be to refer to another GP in the same practice.
 
He suggested that GPs who conscientiously object should be ‘non-judgemental, empathic and sensitive with good communication’ while declining the request.
 
‘You want this person on side and to remain on side so the therapeutic relationship can be maintained, whether or not you’re actively involved,’ he said. ‘[I]f you are uncomfortable directly being involved in care, you have a duty to direct the patient to a provider of services.’ 
 
The revised bill may have other implications for GPs, as it will permit religious hospitals and aged care providers to consider a person’s faith when employing staff.
 
The revised bill is currently out for consultation until the end of January.

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