Section 22-B9006. CONSCIENTIOUS OBJECTION TO MEDICAL PROCEDURES

 

9006.1Department heads shall not discipline or in any way penalize an employee for refusing to participate in certain aspects of direct patient care that are in conflict with their religious, or ethical beliefs. If a patient’s safety is in jeopardy, the employee must provide for patient safety and avoid abandonment. Withdrawing from care/treatment of the patient is only acceptable when an alternative source of care has been made available.

 

9006.2.Procedures which are applicable are as follows:

 

(a)Pre-employment: If an applicant or new employee indicates during an interview that he/she has a religious or ethical belief that conflicts with a particular procedure, the department head must consult with Human Resources concerning whether a reasonable accommodation is warranted;

 

(b)Staff requests: If treatment modalities occur in an area or unit that may be sensitive to cultural or religious beliefs, the manager shall discuss such treatments with the staff and ascertain if staffing issues exist;

 

(c)An employee must notify his/her immediate supervisor in writing of any procedures which conflict with his/her religious or ethical beliefs. This request shall be received prior to any assignment. The suggested format is:

 

I hereby notify PBC that I am unwilling to take part in ______________ procedure since it is contrary to my conscience or religious beliefs. This is my official notification. (Signature and date.)

 

(d)The department manager shall send a copy of the request to Human Resources, which shall determine whether a reasonable accommodation is warranted;

 

(e)The department manager shall be ultimately responsible to assess and ensure appropriate staffing so that patient care needs are met;

 

(f)The department manager shall notify Human Resources of staffing issues related to departmental changes; and

 

(g)Staff shall be afforded every opportunity to bid on available positions for which they are credentialed/qualified.

 

source

Final Rulemaking published at 45 DCR 7353, 7416 (October 9, 1998).