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** HOT ISSUE **

11th January 2007 

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PEAK HEALTH BODY DENIES

 RAPED WOMEN 

APPROPRIATE ACCESS

 TO EMERGENCY CONTRACEPTION

see article by Adam Cresswell in The Australian today - HERE

see the Catholic Health Australia Code of Ethical Conduct - HERE

There are 21 CHA public hospitals in Australia. They receive government funding. I do not believe it is appropriate for government funded hospitals to have rules that restrict clinical practice that may impact on quality of patient care. To mandate medical staff that they must not  refer a woman who has been raped  to a Rape Crisis Centre unless pregnancy has been ruled out  because they might supply her with emergency contraception is, in my opinion, intolerable. I believe such restriction compromises patient care and is a breach of  patient rights.

I call for the governments that fund these hospitals to investigate any restrictions that may be placed upon practitioners and review funding arrangements to those hospitals that do not offer patients full information. 

I call upon the health care workers who  work under the CHA code of ethical conduct to review  whether  their duty of care to patients has been compromised by this code. 

EXCERPTS FROM THE CHA code of ethical conduct: 

* P 29 - care of persons who have been sexually assaulted - 3.9 A woman who has been the victim of rape is entitled, as a matter of justice, to defend herself against its continuing effects. Interventions following an assault which are aimed at preventing the union of sperm and ovum through, for instance, suppressing ovulation are therefore permissible. Interventions aimed at causing abortion after rape, however, are not permissible. Measures designed to prevent ovulation or fertilisation may only be used when they involve no significant risk to the life of a developing embryo. Direct referral to those rape crisis centres which routinely administer abortifacients should only occur if reasonable steps have been taken to exclude the likelihood of pregnancy.

[ note that CHA defines life beginning at conception so an abortion as interference with  a "pregnancy" anytime after that  - So it follows that  emergency contraception,  Morning after Pill, which is available over the counter in this country from pharmacies, would, under their code,  be considered to cause an abortion  - also read this in the context of "material cooperation" ]

* p 66 : Harmful effects of material cooperation 8.14 - The principal ill-effect of material cooperation in wrongdoing is that it facilitates someone else’s wrongful conduct. Catholic healthcare facilities and professionals should be reluctant to assist others, even materially, in any conduct which is contrary to sound ethics and the Christian gospel. Where possible, one should try to avoid or minimise this harm by persuading the other party not to engage in the wrongful activity.

From my reading of the Code "Material Cooperation" would restrict workers from being involved in providing patients with referral elsewhere if that place/provider may do something that is against the Code, and probably restrict them from supplying tangible information eg yellowpages. 

* p 24 - Abortion - 2.23 Catholic facilities should not provide, or refer for, abortions, that is, procedures, treatments or medications whose primary purpose or sole immediate effect is to terminate the life of a foetus or of an embryo before or after implantation. Such procedures, treatments and medications are morally wrong because they involve the direct and deliberate killing of an innocent human life in the earliest stages of development.

[note there are other issues covered in the Code including restrictions on contraception advice and fertility treatment including prenatal genetic counselling : ]

* p 24 - Prenatal and genetic Counselling 2.21 The results of prenatal testing and diagnosis should be presented to the parents fully and objectively, and in a manner which respects human life. Responsible counselling and pastoral support are to be made available to parents and family, especially when foetal abnormalities are diagnosed. Counselling must not create a link to abortion. If appropriate, parents should be helped to consider the alternatives to abortion and offered support during pregnancy and following the birth of their child.