VA Form 10-328: Reproductive Health Opt-Out Requests Guide

VA Form 10-328: Reproductive Health Opt-Out Requests Guide – VA Form 10-328 (January 2023) is an official Department of Veterans Affairs form used by designated Human Resources Reasonable Accommodation Coordinators (RACs) who handle reproductive health matters. It serves as the primary intake and tracking tool for processing employee and applicant requests to be excused from specific aspects of reproductive health care functions, including those protected under the Coats-Snowe Amendment and broader religious or moral accommodation requests.

This form helps ensure consistent, compliant handling of sensitive conscience-based requests while supporting VHA’s ability to deliver care to Veterans.

What Is VA Form 10-328?

VA Form 10-328 is titled REASONABLE ACCOMMODATION COORDINATOR (RAC) INTAKE & TRACKING FORM – PROCESSING NOTIFICATIONS AND REQUESTS FOR OPTING OUT OF FUNCTIONS RELATED TO REPRODUCTIVE HEALTH CARE.

It is not a form that employees or applicants typically complete themselves. Instead, it is an internal workflow and documentation tool used exclusively by trained Reproductive Health RACs. The form guides RACs through initial contact, information gathering, process determination (Coats-Snowe vs. accommodation/exemption), tracking of key dates and actions, and final disposition.

The form includes a built-in decision tree to route requests correctly and references related forms for documenting the actual employee request and determination.

Purpose of VA Form 10-328

The form facilitates two main categories of requests:

  • Coats-Snowe opt-out notifications — Specific protections for health care providers who object to performing or assisting with induced abortions or related training/referrals.
  • Requests for religious or moral accommodations/exemptions — Broader requests under Title VII of the Civil Rights Act and the Religious Freedom Restoration Act (RFRA) to be excused from any aspect of reproductive health functions that conflict with sincerely held beliefs.

It collects employee/applicant details, precisely identifies the conflicting duties (via an extensive checklist), documents the basis for the request, and tracks every step from intake through acknowledgement, supervisor/DMO involvement, decision, and notification.

Who Uses VA Form 10-328?

Only Human Resources Reasonable Accommodation Coordinators assigned to reproductive health use this form.

However, the following groups should understand its role:

  • VHA employees and applicants who may need to request an excusal
  • Supervisors and Designated Management Officials (DMOs)
  • Facility leadership and HR staff
  • Union representatives and EEO personnel

The form ensures that all such requests follow a standardized, documented process aligned with VA policy issued in January 2023.

Key Sections of VA Form 10-328

The form is organized to support efficient case management:

Part I – Overview
Captures basic employee/applicant information from HR systems (name, position, duty location, supervisor, service, contact details, and date of request/notification).

Part II – Employee Communication
Guides the RAC’s initial discussion with the employee or applicant. It includes a detailed checklist of functions from which the individual may request excusal, such as:

  • Performing induced abortions
  • Making arrangements for or referrals related to induced abortions or training
  • Providing abortion counseling
  • Medication administration for abortions
  • Ancillary functions (e.g., room cleaning, instrument handling)
  • Pregnancy testing, radiologic care, anesthesia, mental health/social work, or spiritual care when tied to abortion services
  • And many other specific tasks

It also records the underlying basis for the request (religious exercise/belief, sincerely held moral/ethical belief, physician/physician trainee opt-out, or other).

Part III & IV – Process Determination and Tracking
Contains a decision tree that helps the RAC determine whether to process the request under the Coats-Snowe pathway or the broader accommodation/exemption pathway (or both). It tracks key milestones, including dates for providing acknowledged forms to the employee and DMO/supervisor, and records the final decision (approved, approved with alternative, denied, etc.).

RACs typically use two companion forms:

  • VA Form 10-330 – Exemption and Accommodation Form — Documents the employee/applicant’s formal request to be excused from specific reproductive health functions. It captures the detailed request, the employee’s attestation regarding religious or moral conflict, the DMO’s determination, and appeal rights information.
  • VA Form 10-329 – Coats-Snowe Notification of Opt Out Form — Used specifically for qualifying Coats-Snowe notifications related to induced abortion performance, training, or referrals.

The 10-328 form helps the RAC decide which of these (or both) to initiate.

VA processes these requests in accordance with:

  • Coats-Snowe Amendment (42 U.S.C. § 238n) — Prohibits the federal government from requiring health care providers to perform or assist in abortions or sterilizations if doing so would violate their religious or moral convictions.
  • Title VII of the Civil Rights Act — Requires reasonable accommodation of sincerely held religious beliefs unless it would cause undue hardship.
  • Religious Freedom Restoration Act (RFRA) — Provides additional protections against substantial burdens on religious exercise.
  • VA Handbook 5975.1 and the January 6, 2023 VHA guidance on processing employee requests to be excused from aspects of reproductive health care.

VA must engage in an interactive process and cannot retaliate against employees for making such requests.

How the Process Typically Works?

  1. Employee or applicant notifies their supervisor (verbally or in writing) or contacts the facility RAC directly.
  2. The RAC uses VA Form 10-328 to open a case, conduct initial intake, and determine the appropriate pathway.
  3. The RAC initiates VA Form 10-330 (and/or 10-329 if Coats-Snowe applies), completes initial sections, and sends it to the employee for review and signature/acknowledgement.
  4. The RAC coordinates with the supervisor/DMO for review and determination.
  5. A decision is issued (approved, modified, or denied after exploring alternatives). The employee receives written notice of the decision and appeal rights.
  6. The RAC updates the tracking form and closes the case appropriately.

Timely processing and clear documentation are emphasized to respect both employee rights and patient care needs.

Steps for VA Employees or Applicants

If you have a conflict with performing or participating in specific reproductive health functions due to sincerely held religious, moral, or ethical beliefs:

  • Notify your supervisor or contact your facility’s Reasonable Accommodation Coordinator as soon as possible.
  • Be prepared to describe the specific duties that create the conflict.
  • The process is interactive — you will have an opportunity to provide input.
  • You may be asked to complete or acknowledge VA Form 10-330.
  • Decisions are made on a case-by-case basis, considering operational needs and undue hardship to VA’s mission of serving Veterans.

Consult your union representative, EEO office, or private counsel if you have questions about your rights. This article does not constitute legal advice.

Official Download and Resources

Download VA Form 10-328 (PDF):
https://www.va.gov/vaforms/medical/pdf/VA%20Form%2010-328.pdf

Download VA Form 10-330 (companion form):
https://www.va.gov/vaforms/medical/pdf/VA%20Form%2010-330.pdf

VA Forms Library:
https://www.va.gov/vaforms/

Understanding the Reasonable Accommodation Process (VA):
https://department.va.gov/employees/reasonable-accommodations/understanding-the-reasonable-accommodation-process/

For the most current guidance, contact your local Human Resources office or Reasonable Accommodation Coordinator. Policies and forms can be updated, so always verify you are using the latest versions from official VA sources.

VA Form 10-328 plays a critical role in balancing the conscience rights of VHA employees with the Department’s commitment to providing comprehensive care to Veterans. Understanding this process helps ensure requests are handled fairly, consistently, and in full compliance with federal law.