ANTI-CHOICE LAWS
Refusal to Provide Medical Services
MISCELLANEOUS REFUSAL CLAUSE
The District of Columbia allows certain individuals or entities to refuse to participate in certain aspects of direct patient care.
To whom does the refusal clause apply? Individuals.
What does the refusal clause allow? No Department Head may discipline or penalize employees who refuse to participate in direct patient care that conflicts with their religious or ethical beliefs.
Must the refusal be in writing? Yes. Employees must notify their immediate supervisors in writing of any procedures that conflict with their religious or ethical beliefs. This request must be received before any assignment.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? Yes. If a patient's safety is in jeopardy, the employee must provide for patient safety and avoid abandonment. Withdrawing from care or treatment is only acceptable after an alternative source of care has been made available.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
D.C. Mun. Regs. tit. 22, § 9006.
Restrictions on Low-Income Women's Access to Abortion
The District of Columbia prohibits public funding for abortion for women eligible for medical assistance for general health care unless the procedure is necessary to preserve her life or the pregnancy is the result of rape or incest. Department of Health Medical Assistance Program (May 19, 1994) at http://doh.dc.gov/doh/cwp/view,a,1371,q,602591.asp.
Targeted Regulation of Abortion Providers (TRAP)
Restrictions on Who May Perform Abortions
The District of Columbia prohibits certain qualified health care professionals from performing abortions.
A nurse-midwife may not perform a surgical abortion. D.C. Mun. Regs. tit. 17, §5808.5.
PRO-CHOICE LAWS
Emergency Contraception
District of Columbia law ensures that sexual assault victims receive access to emergency contraception (EC) in hospital emergency rooms. As part of the minimum standard for the examination and treatment of sexual assault victims, hospitals must provide the woman with medically and factually accurate written and oral information about EC, offer her EC, and dispense EC to her upon request. It also requires hospitals to train personnel to ensure that survivors of sexual assault are given the necessary information and access to EC. D.C. Code Ann. §§ 17-0346 (Enacted 2009) (effective March 25, 2009).
Protection Against Clinic Violence
Any person acting alone or in concert with others who willfully or recklessly interferes with access to or from a medical facility or disrupts the normal functioning of the facility by obstructing the individual's free passage, making noise that unreasonably disturbs the peace, trespassing on the facility, making harassing or threatening telephone calls to the facility, or threatening to injure the owners, employees, patients, or property of the facility shall be imprisoned for up to six months, fined up to $1000, or both. Any person who acts alone or in concert with others with the intent to prevent a medical provider or a member of the medical provider's family from entering or leaving the provider's home may be imprisoned for up to six months, fined up to $1000, or both. D.C. Code Ann. §§ 22-1314.01, -1314.02 (Enacted 1996).
