Idaho has enacted a new law aimed at protecting healthcare providers from being required to perform or participate in procedures that conflict with their beliefs.
Republican Governor Brad Little signed House Bill 59, known as the Medical Ethics Defense Act, into law on Wednesday. The legislation passed with a 58-11 vote in the Republican-controlled Idaho House of Representatives and a 28-6 vote in the Republican-controlled Idaho Senate.
The votes in both chambers followed party lines, with Republicans predominantly supporting the measure and Democrats opposing it, although two House Republicans joined Democrats in their opposition.
The legislation states, “No health care professional, health care institution, or health care payer should be required to participate in or pay for any medical procedure, treatment, or service, or prescribe or pay for any medication, to which he objects on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles.” This law also protects healthcare providers from discrimination or liability for exercising their right to conscience.
The measure includes a provision that allows religious healthcare providers to “make employment, staffing, contracting, administrative, and admitting privileges decisions consistent with” their religious beliefs. Those who believe their rights have been infringed upon will have the opportunity to pursue civil remedies.
In other states, healthcare professionals have faced professional repercussions due to their refusal to participate in certain procedures. However, the Medical Ethics Defense Act is part of a broader trend of legislation in Idaho aimed at safeguarding individuals who practice deeply held religious beliefs.
Last year, Idaho passed House Bill 538, which prohibits “compelling any public employee or public school student to communicate preferred personal titles and pronouns that do not correspond with the biological sex of the individual seeking to be referred to by such titles.”
According to a report published last summer by the Center for Religion, Culture and Democracy at First Liberty Institute, other states that offer general conscience protections for healthcare professionals include Alabama, Arkansas, Florida, Illinois, Mississippi, Montana, New Mexico, Ohio, South Carolina, and Washington.
