Text of ID S 1353 (2010)
Adds to existing law relating to abortion and end of life care to provide freedom of conscience for health care professionals.
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As introduced
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LEGISLATURE OF THE STATE OF IDAHO
Sixtieth Legislature
Second Regular Session 2010
IN THE SENATE
SENATE BILL NO. 1353
BY STATE AFFAIRS COMMITTEE
AN ACT
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RELATING TO ABORTION AND END OF LIFE CARE; AMENDING CHAPTER 6,
TITLE
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18,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
18611,
IDAHO
3
CODE, TO DEFINE TERMS, TO PROVIDE FREEDOM OF CONSCIENCE FOR HEALTH
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CARE PROFESSIONALS, TO PROVIDE IMMUNITY FROM LIABILITY, TO PROVIDE
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AN
EXCEPTION
FOR
EMERGENCIES
AND
TO
PROHIBIT
DISCRIMINATION;
AND
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PROVIDING SEVERABILITY.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1.
That Chapter 6, Title 18, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and
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designated as Section 18611, Idaho Code, and to read as follows:
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18611.
FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS. (1) As
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used in this section:
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(a)
"Abortifacient" means any drug that causes an abortion as defined
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in 18604, Idaho Code, emergency contraception or any drug the primary
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purpose of which is to cause the destruction of an embryo or fetus.
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(b)
"Conscience" means the religious, moral or ethical principles
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sincerely held by any person.
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(c)
"Embryo" means the developing human life from fertilization until
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the end of the eighth week of gestation.
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(d) "Fetus" means the developing human life from the start of the ninth
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week of gestation until birth.
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(e) "Health care professional" means any person licensed, certified or
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registered by the state of Idaho to deliver health care.
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(f)
"Health care service" means an abortion,
dispensation of an
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abortifacient drug,
human embryonic stem cell research,
treatment
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regimens utilizing human embryonic stem cells, human embryo cloning or
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end of life treatment and care.
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(g) "Provide" means to counsel, advise, perform, dispense, assist in or
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refer for any health care service.
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(h)
"Religious,
moral
or
ethical
principles,"
"sincerely
held,"
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"reasonably
accommodate"
and
"undue
hardship"
shall
be
construed
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consistently with Title VII of the federal civil rights act of 1964, as
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amended.
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(2) No health care professional shall be required to provide any health
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care service that violates his or her conscience.
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(3)
Employers
of
health
care
professionals
shall
reasonably
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accommodate the conscience rights of their employees as provided in this
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section, upon advanced written notification by the employee.
Such notice
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shall suffice without specification of the reason therefor.
It shall
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be unlawful for any employer to discriminate against any health care
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professional based upon his or her declining to provide a health care service
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that violates his or her conscience, unless the employer can demonstrate
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that such accommodation poses an undue hardship.
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(4)
No
health
care
professional
or
employer
of
the
health
care
3
professional shall be civilly, criminally or administratively liable for
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the health care professional declining to provide health care services that
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violate his or her conscience, except for lifethreatening situations as
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provided for in subsection (6) of this section.
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(5)
The
provisions
of
this
section
do
not
allow
a
health
care
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professional or employer of the health care professional to refuse to
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provide health care services because of a patient’s race, color, religion,
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sex, age, disability or national origin.
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(6)
If a health care professional invokes a conscience right in a
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lifethreatening situation where no other health care professional capable
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of treating the emergency is available, such health care professional shall
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provide treatment and care until an alternate health care professional
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capable of treating the emergency is found.
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(7)
Nothing in this section shall affect the rights of conscience
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provided for in section 18612, Idaho Code, to the extent that those rights
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are broader in scope than those provided for in this section.
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SECTION 2.
The provisions of this act are hereby declared to be
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severable and if any provision of this act or the application of such
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provision to any person or circumstance is declared invalid for any reason,
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such declaration shall not affect the validity of the remaining portions of
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this act.
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