Abortion and nursing: a legal update.

PIP: Almost 2 decades after the Supreme Court's landmark decision in Roe v. Wade, nurses' refusal to assist in abortions is still in question. There are about 1.6 million abortions a year. If Congress passes the Freedom of Choice Act, American women will be guaranteed continued access to abortion. But the effect of new regulations on 2 million nurses is the issue. Title VI of the Civil Rights Act of 1964 protects those who refuse to participate in abortions because of their religious beliefs. Several states have also enacted laws giving the right to health care workers to refuse to participate on ethical grounds. In Florida a staffer at an ambulatory care center was demoted after refusing to assist in an abortion. The appeals court ruled in the nurse's favor, stating that she should have been given a different assignment. Nurses who oppose abortion are advised by attorneys not to accept jobs where they are likely to be expected to assist in them. A New York City nurse refused to assist in an abortion and was reassigned to an administrative position, which she contested. The arbitrator restored her to her original position indicating that if the Freedom of Choice Act is passed it will not eliminate a nurse's right not to assist. In 1988 the so-called gag rule was issued barring caregivers at 4000 federally funded family planning clinics serving nearly 5 million women/year from recommending abortion to patients.^ieng