With the U.S. Department of Health and Human Services (HHS) expected to enact a rule strengthening protection for "provider's conscience" any day now, Senator and Secretary of State-to-be Hillary Clinton is fighting back with legislation of her own.

The HHS Proposal
The new legislation would allow health-care providers not directly involved in a procedure they're morally opposed to -- from abortion to providing birth control to unmarried women -- to refuse to participate. It also allows providers to refuse to even talk about topics they don't want to be party to, including offering education or referrals to another caregiver. And, though the proposal does not explicitly redefine abortion to include contraception as previously feared, it still leaves the term open to interpretation. The laws aren't only about abortion, though -- things like providing artificial insemination and distributing morning after pills are also covered.

Spearheaded by Secretary Michael O. Leavitt, the HHS's proposed legislation has been heavily criticized for its far-reaching implications and unclear phrasing since an early draft was leaked in July. The rule is a major expansion on existing physicians' conscience laws, which give doctors the right to refuse to perform procedures they are morally opposed to.

The regulations ban hospitals, clinics and pharmacies that receive federal funding (an estimated 584,000 entities in all) from firing, disciplining or refusing to hire employees who refuse to perform professional duties they personally find "morally reprehensible."

Click here to find out how the future Secretary of State is fighting back.


Hillary's Response
Hillary has been opposed to the proposed legislation since it was first introduced, and she even penned a New York Times op-ed about the issue in September. As the end of Bush's presidency and the HHS's window for passing the legislation nears, she's increasing her efforts.

Last week, she (along with Senator Patty Murray) introduced legislation of her own, called the "Protecting Patients and Health Care Act," that would block the regulation from being enacted. The two senators have long worked together as advocates for the female right to health care, and they were major forces behind the reclassification of Plan B emercency contraception as an over-the-counter drug. In a prepared statement about the provider's conscience proposals, Clinton said:

"In the final days of his administration, the President is again putting ideology first and attempting to roll back health care protections for women and families. The fact that the EEOC [Equal Employment Opportunity Commission] was never consulted in the drafting of this rule further illustrates that this is purely a political ploy. This HHS rule will threaten patients' rights, stand in the way of health care professionals, and restrict access to critical health care services for those who need them most. Senator Murray and I are standing up once again to the administration against this rule and will continue to fight for women's reproductive rights. President Bush is making a last-minute attempt to undermine women's health care, but our legislation will stop this rule and ensure that women can continue to get needed health care."

Tell us: What do you think about the proposed legislation? Is it essential in protecting freedom of religion, or is it a dangerous blow to a women's right to health care?