HB 381
This Week on Idaho Abortion Laws (1/13/24):
This week, Republican House Representatives Young and Skaug introduced House Bill 381 proposing changing the term “Fetus” with the term “Preborn Child” in Idaho Code. Representative Young in proposing this Bill complained that “Fetus” is a Medical Term. In other words “Fetus” is an exact and precise definition of the situation.
The Republican proposal to replace “Fetus” with the imprecise term, "Preborn Child" only introduces a unique, religious connotation to which not even all religions adhere. Therefore, it represents a violation of the Separation of Church and State.
Even more alarming, I found when I opened the text of HB 381, itself was an equally, if not more disturbing turn of phrase. Rather than using the term woman or even female, the opening sections of Bill 381 use the term “Gestational Carrier”. The use of the term "Gestational Carrier" in that same bill totally dehumanizes the woman while elevating the fetus to personhood.
In separate news, Idaho Emergency Physicians and OB/GYN’s remain at risk of loss of license, felony charges and jail time under Idaho’s anti-abortion laws or Federal felony charges for violating Federal law. Back in August the US Dept of Justice filed a lawsuit alleging that Idaho’s Abortion law (Idaho Code 18-622) violated EMTALA which mandates that hospitals and their physicians must provide emergency medical treatment and stabilize anyone entering their doors. DOJ also requested that Idaho’s anti-abortion law be put on hold until the courts could come to a decision. That hold was issued by the U.S. District Court in Idaho, only to have that hold removed by the US Supreme Court.
So as the legal battle over abortion rights currently stands, between current Idaho Code and Federal EMTALA laws. Idaho Emergency Room and OB/GYN physicians face legal peril no matter what they do. If they manage the woman following National Standards of Care, they risk running afoul of Idaho Code. If they don’t, they can be found in violation of Federal EMTALA laws.
As a retired physician, I support my physician brethren in providing recognized medical care. I ask you to support me in my run for the Idaho House so that I can do more.
