House State Affairs Committee refuses to introduce broader conscience law fix

The House State Affairs Committee has voted 13-6 against even introducing legislation from Rep. Phylis King, D-Boise, that’s identical to a bill from Rep. Tom Trail, R-Moscow, to amend the “conscience law” to remove references to end-of-life care and treatment. Trail’s bill hasn’t gotten a hearing for possible introduction. King said she’s received hundreds of emails from constituents, questioning why the law, passed last year, would let a health care provider’s conscience concerns override a patient’s living will or advanced care directives regarding what types of treatments they want to receive or not receive as they die.

Rep. Erik Simpson, R-Idaho Falls, told King, “The conscience law has been on the books for seven months.” He asked her if there’s been any incident in which a patient’s living will has been violated by a provider. “I am not personally aware of any,” King responded. “I think this just causes a lot of angst with a lot of seniors. And perhaps those that have passed away without their directives being heard aren’t going to come forward.”

Rep. Brent Crane, R-Nampa, asked King how her bill differs from one introduced yesterday by Rep. Julie Ellsworth, R-Boise, to make a more narrow change in the conscience law regarding living wills. “That refers to physicians, and does not refer to all health care professionals,” King responded. “I think this is a little broader.”

King urged the committee to introduce her bill so the various proposals could be examined “side by side” to decide the best way to approach the issue. Rep. Max Black, R-Boise, moved to introduce the measure, but Rep. Janice McGeachin, R-Idaho Falls, made a substitute motion to reject the measure. “I’m concerned about having too many bills out there on the same issue,” she said, “and maybe we should have a hearing on the one that we received yesterday and see what happens with that one first.” Simpson said, “There’s no evidence there’s a problem that even exists.”