MODULE 23 AC
SAMPLE POLICY
Staff Rights
PURPOSE:
To define the procedure whereby an employee of [this hospital] may be excused from
participating in aspects of patient care/treatment when there is conflict with the employee’s
cultural values and/or religious/ethical beliefs.
POLICY:
[This hospital] recognizes the right of employees not to take part in aspects of patient care.
[This hospital] is committed, however, to providing care to all persons in need, without
discrimination based on race, religion, national origin, sex, sexual orientation, handicap,
diagnosis, ability to pay, or source of payment.
It is the employee’s responsibility to inform his or her manager in a timely manner of concerns
related to participation in certain aspects of patient care or treatment.
It is the responsibility of the manager to evaluate all requests from staff to be excused, and at
the same time to be sensitive to and aware of potential issues arising from the situation being
cited.
PROCEDURE:
A.
During the employment interview process, applicants will be presented with the job
description of the position which they have applied and advised of patient care
activities in which, if hired, they would be required to participate.
1. Applicants will be asked to confirm their understanding and willingness to
participate, in all aspects of patient care, or to identify any aspect of patient care they are
unwilling to perform.
2. Applicants will be advised that if such unwillingness arises from a conflict with
personal cultural values, ethics, or religious beliefs, the hospital will consider the
possibility of granting a request not to participate.
3. An applicant for employment may be rejected if his or her request not to participate
cannot be accommodated without negatively affecting patient care or otherwise
imposing undue hardship on the hospitals operations.
B.
An employee who wishes to be relieved from performing an aspect of patient care
because of a conflict with personal cultural values, ethics, or religious beliefs must make
such request known to his or her supervisor as soon as possible. Examples of when
provisions would be considered to relieve staff from aspects of patient care would
include procedures such as the withdrawal of life support or life sustaining treatments;
participation in a Dilatation and Evacuation (D&E) for fetal demise; or the
administering of blood, when such procedures are in conflict with personal cultural
values, ethics, or religious beliefs.
1. In order to accommodate the employee, the supervisor/manager will consider using
alternative staff who are equally competent to provide the care at issue. Until
alternative arrangements are made, the employee is responsible for providing the care
and treatment necessary so as not to compromise the patient’s care.
2. Accommodation may include assignment of the requesting employee to alternate
duties or transfer the employee to another unit or department. Human Resources staff
involvement is required at this point and accommodation will be made only if
consistent with the facility's needs, departmental budgets, and the employee's
qualifications.
3. An employee may be terminated if his or her request not to participate in patient care
cannot be accommodated without negatively affecting patient care or internal equity, or
otherwise imposing undue hardship on hospital operations.
4. A request by the employee not to participate based solely on the patient’s diagnosis
or behavior will not be accommodated.
C.
In no event will a patient’s treatment be negatively affected by the granting of an
employee’s request to be relieved from any aspect of patient care.
D.
No employee will be subject to any adverse action or performance appraisal solely for
exercising his or her rights under this policy.