Dobbs Update December 2024 – Out of State Referrals in Idaho
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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 publicized. However, out of concerns over the impacts on reproductive care, Planned Parenthood filed a federal lawsuit alleging that Idaho’s law as it relates to referrals violated physicians’ rights to free speech under the First Amendment.
In July 2024, the U.S. District Court issued an injunction preventing the criminal prosecution of Idaho physicians for advising patients of their options for obtaining an abortion outside the state. The Attorney General appealed the injunction, but the appeal was denied on 12/4.
The Attorney General is reportedly considering whether to challenge this ruling further. In the meantime, Idaho physicians are protected from criminal prosecution for providing patients with information or assistance with out-of-state referrals for abortions.
MIEC will continue to keep our members updated on this issue. For additional updates on Dobbs and reproductive care requirements in Idaho under EMTALA, see Update on Dobbs and Obstetrical Care in Idaho.