Update on EMTALA protections for medically necessary abortions in Idaho
There have been several recent developments in Idaho with regard to EMTALA protections for medically necessary abortions. First, on September 28th the Ninth Circuit Court of Appeals removed the injunction that allowed physicians in Idaho to perform abortion as part of medically necessary stabilizing care under the Emergency Medicine and Active Labor Act (EMTALA). As previously reported, after Idaho prohibited abortion in August 2022, the federal government sued Idaho under the premise that EMTALA preempted state law in cases of emergency. The federal district court issued a preliminary injunction in that case; the injunction essentially created a requirement for physicians...
The Idaho legislature passed several bills impacting Idaho physicians. For a complete list of new healthcare laws, please see the Idaho Medical Association advocacy page. All laws are effective July 1, 2023 unless otherwise noted. Telehealth/Virtual Care Virtual Care Access Act (H 162): This Act clarifies virtual care practice requirements and addresses requirements for out-of-state providers treating patients via virtual care while the patient is located in Idaho. Mental, behavioral telehealth (H 61): House Bill 61 provides that a licensed mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or...
Dobbs v. Jackson Women’s Health: Abortion Laws and How Physicians Can Protect Themselves
The recent decision on Dobbs v. Jackson Women’s Health by the U.S. Supreme Court has pushed the issue of reproductive health back to state legislators. As each state grapples with how it will deal with this issue, it has created tremendous uncertainty for the physicians who serve those communities. Physicians are caught in an impossible situation of trying to care for their patients while operating within the law – with boundaries that are less clear and well-defined as they have been for the past 50 years. As we have for the past 47 years, MIEC will continue to stand with...
Idaho: Advanced Practice Provider Laws and Regulations
Physician Assistants Qualifications [IDAPA 22.01.03. Subsection 021.01-06]: Graduate accredited PA program; bachelor’s degree; NCCPA exam. MD Supervision of Physician Assistant [IDAPA 22.01.04, Subsections 020.01 – 020.06]: Supervising physicians must register with Idaho’s Board of Medicine and generally may supervise no more than three (3) PAs at a time. The Board may authorize a physician to supervise a total of six (6) PAs contemporaneously if necessary, to provide adequate medical care and upon prior petition documenting adequate safeguards to protect the public health and safety. The supervising MD must: Accept full responsibility for the medical acts and patient services provided by...
This supplement to our "Informed Consent Revisited" article contains excerpts from Idaho laws related to informed consent, consent by minors and special consents. Idaho physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Office in Boise at 208-344-6378. For general liability questions, physicians and their staff can contact MIEC’s Patient Safety & Risk Management (PSRM) Specialist in Boise at 208-807-2603 or the PSRM Department in Oakland, CA at 800-227-4527. Informed Consent Idaho law provides that consent, or refusal to consent, for the furnishing of health care, treatment or procedures “shall be valid...