Refusal to Provide Medical Services
ABORTION REFUSAL CLAUSE
Idaho allows certain individuals or entities to refuse to provide abortion services.
To whom does the refusal clause apply? Physicians, nurses, technicians, or hospital or physician employees.
What does the refusal clause allow? No physician may be required to perform or assist in an abortion. No nurse, technician, hospital employee, or physician's employee, who objects on personal, moral, or religious grounds, may be required to participate in an abortion. Any person employed by or under the control of a hospital must state such objection in writing.
No hospital upon objection by its governing board may be required to admit a woman or to furnish facilities for the purpose of an abortion. The refusal to participate or admit may not be a basis for a claim for damages or recriminatory action.
Must the refusal be in writing? Yes.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Idaho Code § 18-612 (Enacted 1973).
STERILIZATION REFUSAL CLAUSE
Idaho allows certain individuals or entities to refuse to perform or participate in sterilization procedures.
To whom does the refusal clause apply? Physicians, nurses, technicians, or physician, hospital, or governmental agency employees.
What does the refusal clause allow? No physician, nurse, technician, or other employee of any physician, hospital, or governmental agency, who objects on religious or moral grounds, may be required to participate in any sterilization procedures. Any such objection must be in writing and state the grounds for such objection.
No hospital may be required to furnish facilities or admit patients for sterilization procedures if, upon determination by its governing board, it elects no to do so. The refusal to participate or admit may not be a basis for a claim for damages or recriminatory action.
Must the refusal be in writing? Yes.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilizing procedures? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Idaho Code § 39-3915 (Enacted 2003).
