Idaho state Sen. Carl Bjerke, R-Coeur d’Alene, (right) listens to proceedings during the Joint Finance-Appropriations Committee meeting on Jan. 7, 2025, at the State Capitol Building in Boise. (Pat Sutphin for the Idaho Capital Sun)
The Idaho Senate voted along party lines Monday to pass a bill that prevents health care professionals and entities from being forced to participate in nonemergency procedures that would violate their sincerely held religious or moral beliefs.
Sen. Carl Bjerke, R-Coeur d’Alene, and Rep. Bruce Skaug, R-Nampa, co-sponsored House Bill 59, which they named the Medical Ethics Defense Act.
The bill states, in part: “Health care providers shall have the right of conscience and, pursuant to this right, shall not be required to participate in or pay for a medical procedure, treatment, or service that violates such health care provider’s conscience.”
Bjerke said the bill was patterned after a law passed during the 2024 legislative session, Senate Bill 1352, which states that counselors and therapists are not required to counsel clients in support of goals, outcomes or behaviors that violate their sincerely held religious beliefs.
Bjerke told senators Monday his new bill would apply many of the same principles from last year’s counselors bill and apply it to health care professionals.
“This proposed legislation is intended to protect conscience rights of health care professionals and health care entities. It protects them from being forced to participate in non-emergency procedures that would violate their sincerely held religious moral or ethical beliefs,” Bjerke said.
Medical Ethics Defense Act’s opposition in the Idaho Senate
On the other hand, Sen. Ron Taylor, D-Hailey, said the bill fundamentally confuses the relationship between personal conscience and professional duty.
“This bill, in its current form, I believe, would transform Idaho’s health care system from one based on patient needs to one based more on provider preferences,” Taylor said. “It would allow any health care provider, any worker, any ambulance operator, hospital employee or health care payer, the ability to deny anyone medical care based on claiming an objection due to their conscience.”
If passed into law, Taylor worried the bill would allow ambulance drivers to object to transporting a patient if the patient did something to offend them, or a hospital staffer could refuse to admit a pregnant woman suffering a miscarriage if the staffer opposed abortion, or a pharmacist could refuse to prescribe vaccines or antidepressants if it violated their personal beliefs.
In the end, the Senate voted 28-6 to pass the bill. All Senate Republicans voted in favor of it, while all six Senate Democrats voted against it.
The Idaho House of Representatives already voted 58-11 to pass the bill Feb. 11, but since then the Idaho Senate amended the bill.
House Bill 59 now heads back to the Idaho House for House members to consider whether to agree with the Senate amendment.
If the Idaho House agrees with the amendment, the bill would be sent to Gov. Brad Little for final consideration.
If the bill reaches Little’s desk, he could sign it into law, veto it or allow it to become law without his signature.
If the bill is passed into law, it would take effect immediately upon being signed into law.
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