Bill description: HB 438 removes the state mandate to use a germicide in the eyes of a newborn.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

HB 438 repeals Sections 39-908 and 39-911, Idaho Code, which makes it a misdemeanor to not administer a germicide in the eyes of a newborn.

Additionally, HB 438 amends Section 39-906, Idaho Code, to remove a requirement that the director of the department of health and welfare report (to the relevant county prosecuting attorney) anyone who does not comply with the mandate to administer a germicide. These two changes effectively remove the mandate.

HB 438 serves to protect parental rights by removing criminal penalties for legitimate parental decisions about this particular medical treatment of newborns.

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