The proposed rule expands "unprofessional conduct" to include "microaggressions" and could lead to the revocation of medical licenses for non-compliance. Legal experts warn of potential chilling effects on free speech and the patient-physician relationship.
Amidst a growing cultural divide, Oregon's medical landscape is facing a significant shift with the introduction of a new ethics rule that targets "microaggressions" in the workplace. The proposed legislation, introduced in April, has drawn widespread attention and sparked concerns about its potential impact on free speech and the doctor-patient relationship.
Oregon Medical Board's 'Microaggression' Rule Sparks Free Speech Concerns
Under the proposed rule, doctors would be mandated 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 revocation of their medical license.
Crucially, 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."
Oregon Medical Board's 'Microaggression' Rule Sparks Free Speech Concerns
Microaggressions are defined as "indirect or subtle behaviors that reflect negative attitudes or beliefs about a non-majority group." The rule's intent is to address racial inequities in healthcare by making discrimination a ground for disciplinary action.
However, legal experts have expressed concerns about the rule's vague language and potential chilling effects on free speech. They argue that the ambiguity surrounding "microaggressions" could deter practitioners from engaging in open and honest communication with patients.
Oregon Medical Board's 'Microaggression' Rule Sparks Free Speech Concerns
Constitutional scholar Jonathan Turley of George Washington University has been vocal in his criticism of the rule, likening it to "mandatory speech monitoring." He warns that "the incorporation of microaggressions under the new ethics rules is precisely what some of us have been warning about for years."
Turley emphasizes that "terms ranging from ‘melting pot’ to phrases like ‘pulling oneself up by your own bootstraps’ have been declared racist. Some of those have been identified by Columbia professor Derald Wing Sue, cited by Oregon’s state government as a ‘microaggressions expert.’"
His concerns center on how such microaggressive terms can be used to curtail or punish speech, including supporting complaints for formal investigations. Turley reminds readers that the Hippocratic Oath emphasizes the principle of "first do no harm," adding that the rule, if implemented, would effectively turn doctors into "social-warrior snitches."
Dr. Stanley Goldfarb, a former University of Pennsylvania School of Medicine associate dean, shares Turley's concerns. He told the Free Beacon that Oregon's attempt to penalize microaggressions so severely will have a "chilling" effect on medicine and could prevent doctors from providing optimal care.
"Physicians need to be able to speak frankly and honestly with their patients," Goldfarb said. "If they believe that they can be sanctioned because they deliver bad news or make a comment that the patient misinterprets, this will lead to a chilling effect on speech and ultimately lead to deterioration in the patient-physician relationship."
The Oregon Medical Board is scheduled to consider permanently adopting the rule during a July 11 meeting. Critics argue that the rule's broad and ambiguous nature could create an environment of fear and self-censorship within the medical community.
They emphasize the importance of fostering open and honest communication between doctors and patients, arguing that it is crucial for providing optimal medical care. The outcome of the July 11 meeting will have significant implications for the future of healthcare in Oregon, raising questions about the delicate balance between ethical conduct and freedom of speech.
