IdahoH 00592025 regular legislative sessionHouse

MEDICAL ETHICS DEFENSE ACT – Adds to existing law to establish the Medical Ethics Defense Act.

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

MEDICAL ETHICS DEFENSE ACT

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Conscience protections for Idaho health providers

Effective immediately, Idaho protects health workers, institutions, and payers that refuse care conflicting with sincere moral, ethical, or religious beliefs. This covers providing, assisting, referring, prescribing, counseling, and paying for care. Providers cannot face discrimination or legal penalties for exercising these rights. Payers still owe payments required by insurance contracts, and duties for care without an objection remain. Federal emergency-care duties and liability for care below professional standards also remain. Employee protections do not apply when an essential job duty cannot be performed and no suitable transfer or reasonable accommodation avoids undue hardship. Publicly religious providers operating under their mission policies retain belief-based hiring, staffing, contracting, management, and admitting decisions. Existing Idaho conscience laws also govern how these protections interact, including preserving broader protections.

Health providers can sue for violations

Health providers can sue for violations of the Act and seek actual damages, reasonable legal fees, costs, and court orders. Orders can restore a job or professional license, and these remedies can be combined with other legal remedies. Claims cannot be defeated by arguing that recognizing conscience rights burdens others. The Act bars claims against individuals who decline a specific provider's services while exercising rights under the Act.

Health providers gain protection for reporting

Health providers gain protection from discrimination for reporting reasonably believed violations of the Act or joining related proceedings. Reports can go to employers, Idaho's attorney general, or state or federal agencies. Protected reports also cover reasonably believed legal or ethical violations, gross waste or mismanagement, abuse of authority, and risky treatment. They also cover substantial, specific dangers to public health or safety, but not disclosures specifically forbidden by law. Reports about lawful discretionary decisions qualify only when reasonably believed to show listed violations or misconduct.

Health providers gain speech and complaint protections

Idaho health regulators cannot punish providers or threaten their credentials for First Amendment-protected speech, expression, or association. An exception requires clear and convincing proof of direct physical harm to someone with a practitioner-patient relationship within the preceding three years. Regulators cannot contract with, recognize, approve, or require credentials from boards that revoke or refuse certification for protected expression outside advice or treatment to a specific patient. Regulators must give providers complaints based on protected expression within 21 days of receipt when revocation of a license, certification, or registration is possible. For each day after that deadline that the complaint remains undisclosed, the regulator must pay the provider $500.

Health workers must disclose conscience objections

Health professionals must tell their employer about a conscience objection when it arises or as soon as reasonably possible. Employers may require disclosure at hiring and request written notice. This lets employers adjust staffing without delaying care.

Sponsors & Cosponsors

Sponsor

HEALTH AND WELFARE COMMITTEE
Affiliation unavailable

Cosponsors

Carl J. Bjerke
Republican • Senate
Bruce D. Skaug
Republican • House

Roll Call Votes

All Roll Calls

Yes: 144 • No: 26

House vote • 3/13/2025

House Floor Vote

Yes: 58 • No: 9

Senate vote • 3/10/2025

Senate Floor Vote

Yes: 28 • No: 6

House vote • 2/11/2025