Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

  • Herbert Altenwerth
  • June 23, 2024 01:04am
  • 326

A new ethics rule proposed by the Oregon Medical Board has sparked concern among free speech advocates, who argue that it could lead to the suppression of medical professionals' speech and negatively impact patient care.

The Oregon Medical Board has introduced a new ethics rule that threatens to revoke the medical licenses of doctors who commit "microaggressions" in the workplace. Under the proposed law, introduced in April, doctors will be required to report "unprofessional or dishonorable conduct" by themselves or a licensed colleague within 10 business days. Failure to comply could result in disciplinary action, including the loss of their medical license.

The rule expands the definition of "unprofessional conduct" to include "discrimination in the practice of medicine, podiatry, and acupuncture" through "unfair treatment characterized by implicit and explicit bias, including microaggressions, or indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group."

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Discrimination, as defined in the proposal, refers to "differences in the quality of healthcare delivered that is not due to access-related factors or clinical needs, preferences, and appropriateness or intervention." The standard outlined by the board includes any "indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group."

The proposal states that "the proposed rule may favorably impact racial equity by making discrimination a ground for discipline for OMB licenses."

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Fox News contributor and law professor Jonathan Turley criticized the move in a lengthy blog post, expressing concerns about using "one of the most ambiguous categories of prescribed speech" to discipline medical professionals. Turley noted that microaggression rules on college campuses have been criticized for being "hopelessly vague" and highly controversial.

"That ambiguity creates a threat to free speech through a chilling effect on speakers who are unsure of what will be considered microaggressive," Turley warned. He cited examples of terms like "melting pot" and "pulling oneself up by your own bootstraps" being declared racist by Columbia professor Derald Wing Sue, who is cited by Oregon's state government as a 'microaggressions expert.'"

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Oregon Doctors Face License Revocation for 'Microaggressions' Under Controversial Rule

Turley argued that the rule could turn doctors into "social-warrior snitches" and undermine the Hippocratic Oath's pledge to "first do no harm."

The Oregon Medical Board is set to consider permanently adopting the rule during a July 11 meeting.

Dr. Stanley Goldfarb, a former University of Pennsylvania School of Medicine associate dean, expressed concern about the rule's potential to negatively impact medical care. He stated that "physicians need to be able to speak frankly and honestly with their patients," and that the fear of being sanctioned for perceived microaggressions could lead to a "chilling effect on speech" and a deterioration in the patient-physician relationship.

The Oregon Medical Board has not yet responded to requests for comment from Fox News Digital.

Critics of the proposed rule argue that it is overly broad and subjective, and that it could be used to suppress speech that is not harmful. They also express concern that the rule could create a climate of fear and self-censorship among medical professionals.

Supporters of the rule argue that it is necessary to address the issue of discrimination in healthcare settings and to create a more inclusive and equitable environment for patients and medical professionals alike. They contend that the rule provides clear guidelines for what constitutes unprofessional conduct and that it will be applied fairly and evenly.

The debate over the proposed rule is likely to continue in the coming weeks as the Oregon Medical Board prepares to consider its permanent adoption.

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