Legislative Update
Week 7
February 22 – February 26
Today the Senate took up Senate Bill 1353, the Freedom of Conscience for Health Care Professionals Act. This bill allows any licensed health care provider to exempt themselves from services they find morally or religiously objectionable. While physicians already retain this ability to withhold treatment, Idaho law does not extend this power to some health care professionals. Proponents of the legislation argued that the conscience of pharmacists and nurses must be respected regarding the use of emergency contraception and similar divisive issues. Senate Bill 1353 goes well beyond contraceptives; the overly broad language of this legislation allows for health care professionals to recuse themselves from any procedure they find objectionable. Additionally, practitioners are not required to inform their patients about the existence of those medications or procedures – infringing on the rights of patients to make informed decisions about their health care.
Idahoans who live in the state’s larger cities may not experience the significant impacts of this bill; however, severe inadequacies in service could result in small communities with only a handful of practitioners. Debate on the Senate floor was substantial, often highly emotional as the bill’s merits were defended and questioned by multiple Senators. The implications of the legislation comprised a significant portion of the debate. Senators with experience in the legal field cautioned that this bill, if it becomes law, will likely be judicially challenged in years to come. Each Senator’s argument was taken into consideration with respect by the members. I along with my Democratic collugues, were joined by seven Republicans in opposition to the bill, which utlimately passed on a 21-13 vote. The bill now heads to the House, with the House State Affairs Committee likely to hold a hearing in the coming weeks.
Next week I will be sponsoring House Bill 450, repealing the Clean Lakes Act of 1989, which was approved by the Senate Resources and Environment Committee. This only repeals a defunct act, which has not been active since 1995, and has neither staff nor money. This law created a council to educate the public and coordinate efforts in water quality management. It is primarily a housekeeping measure, as there are more extensive and recent laws regulating Idaho’s lakes. This bill has no fiscal impact.
The Joint Finance and Appropriations Committee (JFAC) has begun setting agency budgets for Fiscal Year 2011, which begins on July 1. This week, the committee took care of agencies who receive dedicated funds that cannot be shifted to other departments. Next week, JFAC will begin to set the budget for public education, with unprecedented cuts likely.
As always, I welcome any suggestions, or comments you have to offer. It is my honor to serve District 25. I can be reached by calling (208) 332-1353 or toll-free 1-800-626-0471, via email at mstennett@senate.idaho.gov, or by mail to P.O. Box 83720, Boise, ID 83720.
Here is my contact information: Patti
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