Bill Description: House Bill 672 would update and expand Idaho law to recognize that health care professionals, institutions, and payers have the right not to participate in or pay for medical procedures or services that violate their ethical, moral, or religious beliefs or principles.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

In a free market, interactions between providers and consumers of goods and services would always be voluntary, with no one being compelled to serve another in violation of their beliefs or principles. Under our regulated economy, such freedom of conscience has been deprioritized, and providers are increasingly being forced to act contrary to their sincerely held principles.

House Bill 672 would create Chapter 13, Title 54, Idaho Code, which would be known as the "Medical Ethics Defense Act." The act contains a section of "legislative findings and purpose" that says, in part, "The legislature finds that the right of conscience is a fundamental and inalienable right. … [T]he legislature declares that it is the public policy of the state of Idaho to protect the right of conscience for health care professionals, health care institutions, and health care payers."

This section also says, "It is the purpose of this chapter to protect health care professionals, health care institutions, and health care payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection."

The bill contains relevant definitions, including one for "conscience" as "the ethical, moral, or religious beliefs or principles held by any health care professional, health care institution, or health care payer." 

The bill says, "A health care professional, health care institution, or health care payer has the right not to participate in or pay for any medical procedure or service that violates the professional's, institution's, or payer's conscience."

This right of conscience would be limited to "conscience-based objections to a particular medical procedure or service. This section may not be construed to waive or modify any duty a health care professional, health care institution, or health care payer may have to provide other medical procedures or services that do not violate the professional's, institution's, or payer's conscience."

The bill says that health care professionals, institutions, and payers shall not be "civilly, criminally, or administratively liable" or "discriminated against in any manner" for declining to participate in or pay for a medical procedure or service on the basis of conscience.

To provide some teeth to these protections, the act would allow for a civil action to be "brought by any health care professional, health care institution, or health care payer for any violation of any provision of this chapter." Should a violation be found, the aggrieved party would be entitled to "injunctive relief, when appropriate," "actual damages for injuries suffered," and "reasonable attorney fees."

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Does it violate the spirit or the letter of either the U.S. 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 U.S. Constitution or the Idaho Constitution?

In addition to supporting the free market, House Bill 672 would recognize and protect a fundamental right to act according to one's conscience, even when engaged in business. Freedom of conscience and freedom of association are critical components of a free market and a free society that respects individual rights. 

Unfortunately, the protections extended by this section would be limited to health care professionals, institutions, and payers. Perhaps, however, this bill could serve as a model for future efforts to more fully recognize and protect freedom of conscience for all market participants in Idaho.

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