Category: HR-EMPLOY
POLICY & PROCEDURE
Subject:
Staff Request Not to Participate in Patient Care
Classification:
Management Approved
Policy Owner:
Senior Vice President, Human Resources
Approved by:
WFH President and CEO
Effective: November 1, 2011
POLICY:
It is the policy of Wheaton Franciscan Healthcare (WFH) to recognize the right of
associates not to participate in certain aspects of patient care or treatment where
conflicting cultural values, ethics or religious beliefs exist. WFH will ensure that there is no
impact on patient care.
RATIONALE:
Our Mission commits us to provide exceptional and compassionate health care services to
the people we serve. In those unique circumstances where an associate believes that
he/she cannot participate in certain aspects of patient care or treatment because of
conflicting cultural, ethical or religious beliefs, WFH will seek a reasonable accommodation
for the associate while maintaining its commitment to the Mission.
Our Value of Respect calls us to honor diversity in practices of faith, and cultural and
ethical beliefs.
Our Value of Integrity calls us to honor and reflect on our Mission and Values when making
decisions regarding a staff request not to participate in patient care per this policy.
Our Value of Excellence calls us to maintain a superior level of service to patients while
seeking a reasonable accommodation of an associate’s request not to participate in patient
care per this policy.
SCOPE:
This policy applies to all associates in the owned and managed organizations.
PROCEDURE:
A. Associates of WFH may request not to participate in certain aspects of patient care.
Specific aspects of patient care with potential conflict with cultural, religious, and/or
ethical beliefs that have been identified are: DNR, blood administration, organ and
tissue donation, policy on withholding or discontinuing life-prolonging measures,
policies relating to issues of care at the beginning of life and other issues as they may
arise. The list provided in this policy may not be all-inclusive and associates should
feel free to discuss any other issue with their immediate supervisor or department
leader.
B.
It is the responsibility of the associate to immediately notify his/her department leader
of their concern(s) and to request that he/she be excused from participating in a
particular aspect of treatment/care of the patient. This request must be committed to
writing as soon as reasonably possible using the Conflict of Care Form located on the
intranet. The request must include the date of the request, the specific aspects of care
or treatment from which he/she is requesting to be excused, and the specific cultural,
ethical or religious reasons for making the request. The request must be signed by the
associate and the form should be given to the associate’s department leader.
C. The department leader will review the request to understand the specific reasons for
the request, determine appropriateness and to see if a reasonable accommodation is
possible. If accommodation is possible, the department leader will notify the associate
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and others who need to be involved in the accommodation. There will be an
understanding that if events prevent the accommodation at a specific point because of
an immediate need or emergency situation, the associate will be expected to perform
assigned duties so there will be no impact on the delivery of care or services. The
department leader will inform the associate of the decision and place the request and
the final decision in the associate’s personnel file. The requesting associate is
responsible for providing appropriate patient care until alternate arrangements can be
made. Refusal to provide care may result in disciplinary action up to and including
termination.
D. If the associate has a request that requires immediate attention, the associate must
notify his/her immediate supervisor or designee to discuss the request to be excused
from a certain aspect of patient care. The supervisor will review the request to
understand the specific cultural, ethical or religious reasons of the request and to
determine if a reasonable accommodation is possible. If an accommodation is
immediately possible, the supervisor will provide notification to those who need to be
involved in the accommodation. Further review of the matter will follow the process
outlined in C and D of this policy. If an immediate accommodation is not possible, the
associate is expected to perform assigned duties and provide appropriate care until
alternate arrangements can be made. An associate’s refusal to provide care will result
in disciplinary action up to and including termination.
E. If an associate cannot perform one or more of the essential functions of the job and if a
reasonable accommodation is not possible for providing safe and quality care, the
associate will be allowed to explore other vacant job opportunities within WFH where
conflict of care issues would be minimized or absent. When this occurs, the associate
must request this in writing and provide this request to the Director of Human
Resources. Based upon the information presented, the Director of Human Resources
or designee along with the department leader will make a determination on the
request.
F. No associate will be subject to any adverse action or evaluation for exercising his/her
rights under this policy. However, during the review process, the organization will
consider whether the request(s) not to participate can be appropriately justified based
on cultural values, ethics or religious beliefs.
G. WFH will attempt to make reasonable accommodation for all justified associate
requests regarding conflicts of care issues. The determination of the Director of
Human Resources or designee is final. The Fair Treatment policy does not apply to
conflict of care issues.
Patient Rights
A. Right to Care: Competent and compassionate care shall be provided in a manner
which demonstrates respect for the worth and dignity of each person. The right to care
shall include appropriate access to inpatient care, outpatient care and support
services. Continuity of care will be assured for patients through utilization and
coordination of all available resources and services.
B. Right to Confidentiality: In every case, WFH and its member organizations shall strictly
maintain patient confidentiality and be responsible for policies which are consistent
with federal, state and local laws.
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Replaces:
Cross reference:
Fair Treatment policy
Job Posting policy
Rehire Guidelines
Conflict Form
Conflict Log
Review Period:
One (1) year effective in 2010 (Prior years, review period was every 2 years)
Original Policy Date:
November 29, 2005
Dates Reviewed/Revised:
February 1, 2008; September 1, 2010; November 1, 2011
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