The first few months of 2025 have seen some significant developments in the legal landscape of reproductive care in Idaho following the 2022 ruling in Dobbs v. Jackson and the subsequent prohibition of abortion in Idaho. For related developments leading up to this year, see Update on Dobbs and Obstetrical Care in Idaho. Most recent news: January 2025- St. Luke’s Healthcare in Boise, ID filed a lawsuit (St. Luke’s v. Labrador) in which they seek a declaratory judgment that invalidates Idaho’s abortion prohibition, to the extent that it conflicts with the Emergency Medicine Treatment and Labor Act (EMTALA). As...
Dobbs Update December 2024 – Out of State Referrals in Idaho
On 12/4/24 a federal court upheld an injunction protecting Idaho physicians from prosecution for referring patients outside the state for abortions. Under Idaho law in the wake of the 2022 Dobbs v. Jackson Women’s Health decision, it is illegal for physicians to assist patients in obtaining a prohibited abortion. In a leaked March 2023 letter, the state’s Attorney General opined that this would also include referring patients to providers in other states for the purposes of obtaining an abortion, indicating that physicians would be criminally charged for out-of-state referrals. The Attorney General reportedly withdrew the opinion shortly after it was...
On June 27, following oral arguments in April, the U.S. Supreme Court dismissed the case United States v. Idaho and remanded the case back to the U.S. Court of Appeals. Importantly, the decision also reinstated the prior injunction against Idaho’s prohibition of abortion under the Emergency Medicine and Active Labor Act (EMTALA), meaning that hospitals can once again perform abortion as part of medically necessary stabilizing care for patients presenting with emergent complications of pregnancy. Since the Dobbs decision overturned federal protections on abortion, Idaho is currently one of 14 states with the most restrictive laws prohibiting abortion, except in...
A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Bill Limiting Minor Medical Consent and Privacy Passed by Idaho Legislature
The “Parental Rights in Medical Decision-Making” Act was delivered to Governor Little on March 15, 2024. In the absence of a veto, it will go into effect on July 1, 2024 as an emergency provision. Minors (of specified ages) in Idaho have long held the right to consent to certain types of medical care, including certain types of behavioral health care, substance abuse disorder treatment, family planning, and some communicable diseases including sexually transmitted infections (STIs). As an extension of this right to consent to care, minors also had a right to confidentiality of information pertaining to care and treatment...