Senate passes end-of-life conscience bill over opposition from AARP, seniors

The Senate has voted 21-13 in favor of HB 187, the “narrow fix” to Idaho’s “conscience” law to address living wills. The conscience law allows any health care provider to refuse to provide any type of treatment that violates the provider’s conscience, if it has to do with abortion, emergency contraception, stem-cell research or end-of-life care. Seniors throughout the state and the AARP have raised strong objections to the inclusion of “end of life care” in that bill, saying it interferes with patients’ legal rights to state in a living will what type of care they want to receive, and not receive, as they’re dying. HB 187 says physicians must follow the living will law, but doesn’t mention other health care providers.

“Those of us who voiced concerns about this bill on this floor last year were promised a fix,” said an angry Sen. Joyce Broadsword, R-Sagle, who was among those voting against HB 187. “This is not a fix.” Broadsword said the bill still “takes the choice out of the patient’s hands.” Sen. Les Bock, D-Boise, said, “There were were simple solutions that would have actually done something to this bill and remedied what many people think is a grave error.” Seniors, he said, are “furious about the end-of-life inclusion in the statute.” Bock said the new bill “does absolutely nothing.” Sen. Michelle Stennett, D-Ketchum, said there are 34 communities in Idaho that have no physicians, only nurse practitioners or physicians’ assistants, and patients who die there need to know their wishes will be respected.

Sen. Chuck Winder, R-Meridian, the bill’s sponsor, said, “I know this is one of those issues that there are definitely two sides on, and there’s not any real gray in the middle.” He said since the conscience law was enacted last year, he’s not heard of a “a single example of where this has interfered with someone’s living will or their right to determine their care at the end of life.” He told the Senate, “I personally don’t think this amendment is necessary, this change, but I’m going to support it, because … even though it is redundant,  it does put into the code a clarification that they must comply with the code dealing with the Natural Death Act,” which codifies living wills.

The bill, which earlier passed the House, now goes to Gov. Butch Otter. Last year, he allowed the conscience bill to become law without his signature, saying he was concerned about the end of life issue and wanted it fixed if it causes problems; you can read my full story here at spokesman.com.