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Idaho

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, hospital or physician employees, or any person licensed, certified or registered by the state of Idaho to deliver health care.

What does the refusal clause allow?  No physician may be required to provide or assist in providing abortion services.  No nurse, technician, hospital employee, physician's employee, or any person licensed, certified or registered by the state of Idaho to deliver health care, who objects on personal, moral, religious, or ethical grounds, may be required to provide, assist in providing, counsel on, or refer for abortion care.  Any person intending to refuse to provide such services 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 abortion care.  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?  Yes, only in life-threatening situations.

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 § 18-611 (Enacted 2010, Amended 2011) and § 18-612 (Enacted 1973).

BIRTH-CONTROL REFUSAL CLAUSE

Idaho allows certain individuals or entities to refuse to provide birth control.

To whom does the refusal clause apply?  Any person licensed, certified or registered by the state of Idaho to deliver health care.

What does the refusal clause allow?  No person licensed, certified or registered by the state of Idaho to deliver health care, who objects on personal, moral, religious, or ethical grounds, may be required to provide, assist in providing, counsel on, or refer for any health-care service.  Any person intending to refuse to provide such services must state such objection in writing.

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?  Yes.  Health-care professionals must provide services in life-threatening situations when no other no other health-care professional capable of treating the emergency is available, until such an alternate provider is available.  In addition, the law specifies that employers cannot discriminate against health-care professionals based on their intention to refuse to provide certain services unless the employer "can demonstrate that such accommodation poses an undue hardship."

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 § 18-611 (Enacted 2010, Amended 2011).

STERILIZATION REFUSAL CLAUSE

Idaho allows certain individuals or entities to refuse to provide 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).


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