House OKs bill allowing medical objections

BOISE — A bill that would allow medical professionals to object to performing certain medical procedures based on their beliefs has passed the Idaho House.

On Tuesday, House members voted 58-11 to send HB 59 to the Senate. Sponsored by Rep. Bruce Skaug, R-Nampa, the bill, called the “Medical Defense Act,” would allow medical practitioners to abstain from performing procedures they don’t morally agree with.

“Most of all, this protects people’s rights of conscience, so they don’t have to check their religious faith or their conscience when they go to work and want to do a good job,” Skaug said.

Skaug said in Tuesday’s House session that the bill was a product of “consulting with numerous agencies,” claiming there were no objections to the bill in committee.

To the contrary, there were two testifiers who opposed the bill at the Feb. 6 Health and Welfare Committee hearing. Mistie DelliCarpini-Tolman of Planned Parenthood Alliance Advocates Idaho argued that patient access to basic care is threatened under the proposed law’s broad wording.

“This bill is so broad that any person who participates in any health care service in any way could object for essentially any reason as long as the person claims it’s against their moral beliefs,” DelliCarpini-Tolman said.

“A receptionist could refuse to admit a patient experiencing a miscarriage because they do not want to participate in end-of-pregnancy care,” she said. “A pharmacist could refuse to dispense antidepressants.

“An insurer could refuse to cover certain types of birth control. A physician could refuse to provide health care services to a gay couple or their children. An unmarried woman could be denied birth control.

“Health care entities should not be able to pick and choose who gets to receive critical medical care based on personal or religious beliefs.”

HB 59 states that no health care professionals, institutions or insurance payers must pay for any procedures or provide services they object to “on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles,” including doctors, nurses, psychiatrists, counselors, social workers, pharmacists and others in its scope.

Under the bill, providers would not be required to participate in services such as testing, diagnosis, referrals, prescribing or administering any drug or medication.

The bill contains whistleblower and legal protection clauses for medical providers, enabling them to bring a civil lawsuit for potential violations of the proposed law.

No debate took place on the House floor.

The bill now heads to the Senate for further consideration.

Idaho’s Legislature has had its sights set on medical practice this session, with many bills expanding on laws passed in the wake of COVID-19. Similar to HB 59, a bill passed last year gave counselors and therapists the ability to refuse care on the same basis of personal beliefs. religious beliefs.”

Schwicht may be contacted at newsroom@idahopress.com.