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Idaho House passes 'medical freedom' discrimination protections

Kevin Rank
/
Flickr Creative Commons

It’ll be up to Gov. Brad Little whether private businesses in Idaho can refuse to serve customers or hire employees who don’t treat their own health conditions.

House lawmakers passed Senate Bill 1023 Wednesday to implement such a ban. It would also apply to public and private schools, as well as every government entity in the state.

“When this bill is signed into law, Idaho will have the best health freedom laws in the country,” said Rep. Robert Beiswenger (R-Horseshoe Bend), one of its chief sponsors.

The proposal significantly broadens an existing law banning COVID vaccine mandates to include any “medical treatment.”

Vaccines, medications and all other tactics used to treat communicable diseases fall under the definition of “medical treatment.”

The bill exempts businesses whose employees travel internationally and are required to get particular vaccinations to enter certain countries. Clinics and hospitals that accept Medicare or Medicaid funds would also be exempt.

House Democratic Leader Ilana Rubel (D-Boise) said the proposal goes too far.

“[This bill] says they can’t make you bandage oozing wounds, that they can’t make you get lice treatments, that they can’t make you cover your mouth if you have ebola and you’re coughing on people,” Rubel said.

She and other Democrats in the Idaho legislature have tried for more than a decade to add gender identity and sexual orientation to the state’s anti-discrimination law to no avail.

“I was told that that was way too much of an infringement on the freedom of the private sector,” Rubel said, calling the different attitude on this issue “quite stunning.”

“I’m all for personal medical freedom,” said Rep. Stephanie Mickelsen (R-Idaho Falls), one of 14 Republicans to vote against the bill.

“What I am concerned about is that that personal medical freedom then puts other people at risk, businesses at risk, their reputations at risk,” Mickelsen said.

She gave a hypothetical example of businesses not being able to turn away someone with an active measles case.

“I want to meet the person who can diagnose measles when a person walks in their door, in their business,” said Rep. Cornel Rasor (R-Sagle).

Rep. Lucas Cayler (R-Caldwell) agreed, saying the argument that this policy would supercharge the spread of communicable diseases is “negligible.”

“Because it’s a part of life. It’s always been a part of life. It’s what makes us human,” said Cayler. “We have immune systems and those immune systems, by and large, regulate.”

The proposal already passed the Senate. Once it hits Gov. Little’s desk, he’ll have five days to sign, veto or let the bill pass into law without his signature.

Copyright 2025 Boise State Public Radio

I cover politics and a bit of everything else for Boise State Public Radio. Outside of public meetings, you can find me fly fishing, making cool things out of leather or watching the Seattle Mariners' latest rebuilding season.

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