Whistleblower Protection

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 13 MEDICAL ETHICS DEFENSE ACT 54-1305. Whistleblower Protection. (1) No health care provider shall be discriminated against in any manner because the health care provider: (a)  Provided, caused to be provided, or is about to provide or cause to be provided information relating to any act or omission the health care provider reasonably believes to be a violation of any provision of this chapter to a health care professional’s employer, the attorney general of Idaho, any state agency charged with protecting health care rights of conscience, the United States department of health and human services office of civil rights, or any other federal agency charged with protecting health care rights of conscience; or (b)  Testified, assisted, or participated, or is about to testify, assist, or participate in a proceeding concerning such violation. (2)  Unless the disclosure is specifically prohibited by law, no health care provider shall be discriminated against in any manner because the health care provider disclosed any information that the health care provider reasonably believes evinces: (a)  Any violation of any law, rule, or regulation; (b)  Any violation of any ethical guidelines for the provision of any medical procedure or service; or (c)  Gross mismanagement, a gross waste of funds, an abuse of authority, practices, or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety. (3)  Subsection (2) of this section shall not apply when the disclosure concerns the lawful exercise of discretionary decision-making authority unless the health care provider reasonably believes that the disclosure evinces a violation or misconduct listed in subsection (2) of this section.