Idaho Bill Regarding Freedom of Conscience (S 1353)

S 1353 permits health-care providers to refuse to participate in a health-care service that violates their conscience if the health-care provider has objected in writing in advance.

The bill also prohibits an employer from discriminating against a health-care professional based upon his or her refusal to to provide a health-care service unless the accommodation of a health care professional’s conscience rights creates an undue hardship on the employer in which case the employer shall make an effort to work with the affected health care professional to find a reasonable accommodation of the health care professional’s conscience rights.

In addition, the bill immunizes employers and health-care providers from civil and criminal liability based on a health-care professional declining to provide health-care services that violate his or her conscience, except when their refusal would immediately endanger the life of a patient.

The bill states that if a health-care professional invokes a conscience right in a life-­threatening situation where no other health-care professional capable of treating the emergency is available, such health-care professional shall provide treatment and care until an alternate health-care professional capable of treating the emergency is found.

STATUS

This bill became law without Gov. Otter’s signature in March 2010.

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