House passes HB 187, ‘narrow’ conscience law amendment
The House has voted 51-17 in favor of HB 187, the "narrow" amendment to Idaho's "conscience law" regarding living wills. Rep. John Rusche, D-Lewiston, speaking against the bill, told the House, "Think about how your own parents would have approached this. Would they like to have someone say, 'I'm sorry, I'm going to resuscitate you because my conscience doesn't let me follow your expressed wishes'?" Rep. Leon Smith, R-Twin Falls, said, "You've probably asked, why are all these people across the state upset?" He said the answer can be found by reading the conscience law. "Any health care provider can pre-empt your living will," Smith told the House. In HB 187, which says doctors should honor Idaho's existing living will law when asserting their conscience rights, "There's no mention of other health care providers, and that's what has everyone concerned." Smith said, "I would urge you to vote 'no' on this bill until we get the right amendment out, and it doesn't take much, just about four words."
Rep. Tom Loertscher, R-Iona, said, "The physician is the one that is directing the traffic, not any other health care provider." Rep. Erik Simpson, R-Idaho Falls, said health care providers just won't violate patients' living wills. "It just doesn't happen," he said. He called the bill "a good compromise." Rep. Grant Burgoyne, D-Boise, said the conscience law is what created the ability for providers to ignore a living will; prior to its passage last year, he said, they couldn't. "It is about giving providers rights to dishonor living wills," Burgoyne told the House.
Living wills specify when, as a patient is dying, he or she wants artificial life supports removed, from feeding tubes to ventilators. They are specifically authorized by a 1988 state law called the Natural Death Act. The bill now moves to the Senate side.