Conscientious objection in medicine

Conscientious objection is generally not defined in legislation. In a medical context, it is commonly considered to be an action that occurs when a doctor declines to provide legal medical treatment (or a procedure) due to a sincerely held conflict with personal beliefs, values or morals. Doctors are not obliged to provide or participate in medical care to which they hold an objection; however, certain requirements must be upheld to avoid regulatory complaints or legal action.

The Medical Board Code of Conduct requires doctors to ensure their patient’s access to medical care is free from bias and discrimination. Doctors need to be aware of any conscientious objections they hold, and ensure their patients (and if relevant, their colleagues) are informed of their objection. A conscientious objection cannot be used to impede patients’ access to legal healthcare, and doctors should be aware of any legislation that may require them to refer a patient (or take certain steps) if they do not wish to participate in a certain type of medical care.

For example, doctors who conscientiously object to termination of pregnancy may be required to provide information on how the patient can locate an appropriate practitioner, or immediately refer the patient to another doctor who can provide the service. Personal beliefs should not be expressed by the doctor in a way that may cause a patient distress or fracture the therapeutic relationship.

Additionally, conscientious objectors must not obstruct or delay a patient’s access to medical care by ordering unnecessary tests or referring the patient to a service that does not provide the relevant medical treatment. It may be useful for doctors to know colleagues who will be able to provide the relevant health service to the patient.

For doctors who hold a conscientious objection, consideration also needs to be given to their employer and ongoing management of health services. Steps should be taken to inform employers of a conscientious objection and to minimise disruption to health service delivery when an objection is invoked. In a medical emergency, doctors still have a duty to provide appropriate treatment, even if they hold a conscientious objection.

Doctors can uphold a conscientious objection, but should be aware of legislative, regulatory and professional standards when providing medical care. While doctors may not be required to provide a health service they object to, they may be required to provide information, refer the patient to a suitable practitioner, or provide emergency medical treatment.

Employers can assist with managing conscientious objections and minimising disruption to patients and health services. Taking these steps can allow doctors to hold their own beliefs and protect themselves from legal or regulatory action.

The Medical Board Code of Conduct requires doctors to ensure their patient’s access to medical care is free from bias and discrimination. Doctors need to be aware of any conscientious objections they hold, and ensure their patients (and if relevant, their colleagues) are informed of their objection.

References

1. AMA. Position Statement: Conscientious Objection; 2019 (Web Page, 27 March 2019). ama.com.au/articles/conscientious-objection-2019
2. Medical Board of Australia. Good medical practice: a code of conduct for doctors in Australia (Webpage, 20 Nov 2024). medicalboard.gov.au/codes-guidelines-policies/code-of-conduct.aspx
3. MSI Australia. Abortion Law in Australia (Webpage, Sep 2024). msiaustralia.org.au/abortion-law-in-australia
4. QUT. End of Life Law in Australia. Voluntary Assisted Dying (Webpage, 25 Nov 2025). end-of-life.qut.edu.au/assisteddying
5. RACGP. News GP. GPs and conscientious objection to treatments (Webpage, 28 Nov 2018). racgp.org.au/newsgp/clinical/conscientious-objection-to-treatments-frequently-a