Legislative Findings And Purpose

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 13 MEDICAL ETHICS DEFENSE ACT 54-1302. legislative findings and purpose. (1) The legislature finds that the right of conscience is a fundamental and inalienable right. It was central to the founding of the United States, has been deeply rooted in the nation’s history and tradition for centuries, and has been central to the practice of medicine, through the Hippocratic oath, for millennia. (2)  Despite its preeminent importance, however, threats to the right of conscience of health care professionals, health care institutions, and health care payers have become increasingly common and severe in recent years. The swift pace of scientific advancement and the expansion of medical capabilities, along with the creation of new rights for patients to access certain procedures and the mistaken notion that health care professionals, health care institutions, and health care payers are mere public utilities, promise to make the current crisis worse, unless something is done to secure the right of conscience. (3)  With this purpose in mind, the 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. (4)  As the right of conscience is fundamental, no health care professional, health care institution, or health care payer should be required to participate in or pay for any medical procedure, treatment, or service, or prescribe or pay for any medication, to which he objects on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles. (5)  It is the purpose of this chapter to protect health care professionals, health care institutions, and health care payers from discrimination, punishment, and retaliation as a result of any instance of conscientious medical objection.