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UPDATE: 4/10/2024 - S 1227 died, it failed to be scheduled for a hearing in the Senate State Affairs Committee before the 2024 session ended on 4/10/2024.
UPDATE: 1/17/2024 - S 1227 was referred to the Senate State Affairs Committee on 1/17/2024.
S 1227 was introduced in the Senate on 1/16/2024. This bill is sponsored by Senator Daniel D. Foreman.
S 1227 creates an “Idaho Bill of Patient Medical Rights” that includes the right to informed consent and prohibits discrimination based on vaccination status. This bill establishes provisions regarding the health rights of patients and other persons, amends existing code related to enforcement, and includes a new provision for emergency declarations that this act will remain in effect.
S 1227 Creates a revised section to Idaho Code Title 39, Chapter 90, relating to Health and Safety and Idaho Health Freedom Act, respectively. The revised section is to be known as Section 39-9004 titled Health Rights. The existing Section 39-9004 relating to Enforcement is redesignated section 39-9005 and revised.
This bill creates the new section 39-9004 which establishes the following health rights summarized as follows:
(1) This section shall be known as the "Idaho Bill of Patient Medical Rights."
(2) Prohibits the state, a political subdivision of the state, or a public health district from doing any of the following summarized as follows:
(a) Ordering Idaho residents to remain in their homes, close their businesses, social distance, or wear masks or other facial coverings due to an emergency, extreme emergency, or medical emergency, declared or undeclared; or
(b) Advertising for the recommended public use of any vaccine, drug, or medication classified as experimental by a competent medical authority or for the use of a drug that has not been tested and approved according to standards of clinical testing.
(3) Prohibits a patient from being denied treatment for refusing a vaccine or other medication.
(4) Establishes a patient's right to emergency treatment.
(5) Prohibits a patient from being refused treatment based on sex, age, race, national origin, ethnicity, religion, veteran or military status, or any other basis prohibited by federal law.
(6) Establishes a patient's right to informed consent and requires that the patient must be given sufficient information on all medications and treatments offered in plain language that is understood by the patient, prior to being asked to consent to said treatment or medication.
(7) Prohibits any health care practitioner from administering any experimental drug or medication unless the patient or patient's designated representative provides a signed informed written consent to the use of such experimental drug or medication.
(8) Establishes a patient's right to refuse treatment.
(9) Establishes a patient's right to choose the patient's health care providers.
(10) Establishes a patient's right to privacy and to decide what personal medical information will be released, when it will be released, and to whom it will be released.
(11) Establishes a patient's right to a fair review or appeal of any complaint against a physician, hospital, or other health care provider.
(12) Establishes a patient's right to bring a legal cause of action without prohibition from the state against a health care provider.
(13) Prohibits a health care provider who is licensed or certified by the state from receiving funding, privileges, or benefits from a government entity in return for violating a provision of this section.
(14) Establishes a patient's right to designate a person or persons who will be kept informed of the patient's condition, prescribed medications, and treatment or procedural medical options.
(15) Establishes a patient's right to visitation by a patient's family members or legal guardians, unless the patient refuses visitation or is "expressly denied by the attending physician for sound medical reasons in the best interest of the patient." Prohibits the general denial of visitation as a matter of administrative policy.
Section 2. amends Idaho Code 39-9004 and is redesignated 39-9005, "Enforcement," and summarized as follows:
(1) Prohibits a public official, employee, or agent of the state of Idaho or any of its political subdivisions, from acting to impose, collect, enforce, or effectuate any penalty in the state that violates the public policy set forth in Idaho Code 39-9003 related to the "Idaho Health Freedom Act."
(2) Authorizes the Attorney General to take action as is provided in section 67-1401(15) of Idaho Code, in the defense or prosecution of rights protected under this act chapter.
Section 3 establishes that this act will be in "full force and effect" on and after July 1, 2024.
NVIC SUPPORTS S 1227 because it protects a person's right to refuse a vaccine they do not want without fear of discrimination by government or health care providers. This bill establishes important rights for a patient that the NVIC supports, including the right to informed consent, protection from vaccine status discrimination, the right to treatment despite an emergency or refusal of vaccination or other medication, and the right to refuse medical data sharing. NVIC also supports a person's right of a person to refuse any vaccine, drug, or medication, including those that are experimental and have not been fully tested. NVIC is opposed to any use of forced masking when it is used as a punishment or coercion method to pressure a person to take a vaccine they may not otherwise choose to take. NVIC does not take a position on the rest of the bill's provisions which are unrelated to vaccines.
https://legislature.idaho.gov/sessioninfo/2024/legislation/S1227/ - text, status, and history of S 1227
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