FAQs for Healthcare Entities Navigating Rights of Conscience Refusals | McDermott

FAQs for Healthcare Entities Navigating Rights of Conscience Refusals

Overview


The US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently opened a compliance review of a hospital based on a complaint that an ultrasound technician faced potential termination due to a refusal to conduct ultrasounds for abortion procedures. In its announcement of the investigation, OCR stated that “health care professionals should not be coerced into, fired for, or driven out of the profession for declining to perform procedures that Federal law says they do not have to perform based on their religious beliefs or moral convictions.” This is the second such investigation that OCR has initiated in 2025, following an investigation into an alleged termination of a nurse who requested religious accommodation to avoid administering puberty blockers and hormones to minors seeking gender-affirming care.

In light of these investigations and in recognition of Executive Order 14291, which was signed by US President Donald Trump on May 1, 2025, and establishes the Religious Liberty Commission, hospitals, health systems, and healthcare providers may wish to revisit our prior guidance and webinars while dusting off their policies and procedures related to rights of conscience and requests for religious accommodations. This resource outlines key questions to keep in mind.