Bill Description: Senate Bill 1014 would rewrite several code sections dealing with testing and medical procedures required for newborns. 

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

Senate Bill 1014 would repeal and replace several sections of code and amend others dealing with testing and medical procedures required for newborns and infants. Some of the requirements are not currently in code but are established by rule. 

There is an exemption available because of religious belief, which is being renumbered and updated, that says, "The provisions of this chapter shall not apply to any child whose parent or guardian objects thereto on the grounds that it conflicts with the tenets or practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member."

While this language remains essentially unchanged, this bill could be an opportunity for upholding parental rights in all cases — not just those based on religious objection.

For example, among the testing and medical procedures required in this code is the application of ocular antibiotic prophylaxis (a germicide) to the eyes of a newborn. This is considered a "safe and effective" preventative treatment, yet it is only needed for babies born to women with gonorrhea.

Some parents know they don't have any conditions presenting this risk and would choose to decline this treatment accordingly. Yet Idaho code only protects this decision if it is asserted on religious — rather than scientific and factual — grounds.

If the code is amended, it should be modified to more fully protect parents' rights to determine the necessity of the testing and procedures required by this chapter.

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