Idaho § 54-1303 - DEFINITIONS

§ 54-1303. DEFINITIONS

For the purpose of this chapter:

(1) "Conscience" means the ethical, moral, or religious beliefs or principles sincerely held by any health care provider. Conscience with respect to institutional entities or corporate bodies, as opposed to individual persons, is determined by reference to that entity’s or body’s governing documents, including but not limited to any published ethical, moral, or religious guidelines or directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.

(2) "Discrimination" or "discriminated against" means any adverse action taken against, or any threat of adverse action communicated to, any health care provider as a result of exercising rights pursuant to sections 54-1304 and 54-1305 , Idaho Code. Discrimination includes but is not limited to any penalty or disciplinary or retaliatory action, whether executed or threatened. Discrimination does not include the negotiation or purchase of, or the refusal to use or purchase, insurance or medical procedures, treatments, or services by an individual or nongovernmental entity, nor does it include good faith efforts to reasonably accommodate conscientious objections of a health care provider.

(3) "Essential functions" means the fundamental job duties of an employment position. A function can be essential if, among other things, the position exists specifically to perform that function, there are a limited number of other employees who could perform the function, or the function is specialized and the individual is hired based on his ability to perform the function. The term does not include the marginal functions of a position.

(4) "Health care institution" means any organization, corporation, partnership, association, agency, network, sole proprietorship, joint venture, or other entity that provides medical procedures, treatments, or services.

(5) "Health care payer" means any employer, health plan, health maintenance organization, insurance company, or management services organization or any other entity that pays for any medical procedure, treatment, or service provided to any patient or client, including to contract for, arrange for payment of, reimburse, or remunerate, whether payment is made in whole or in part.

(6) "Health care professional" means any person who is authorized to participate in any way in any medical procedure, treatment, or service. This includes but is not limited to:

(a) Doctors;

(b) Nurses;

(c) Clinical nurse specialists;

(d) Nurse aides;

(e) Physician assistants;

(f) Medical assistants;

(g) Allied health professionals;

(h) Employees of a hospital, clinic, nursing home, or pharmacy;

(i) Pharmacists and pharmacy technicians;

(j) Faculty and students of a medical school, nursing school, or school of psychology or counseling;

(k) Medical researchers and laboratory technicians;

(l) Psychologists, psychiatrists, and counselors; and

(m) Social workers.

(7) "Health care provider" means a health care professional, health care institution, or health care payer.

(8) "Medical procedure, treatment, or service" means medical research or health care provided to any patient or client at any time over the course of treatment. This includes but is not limited to testing, diagnosis, record-making, referral, prescribing, dispensing, or administering any drug, medication, or device, therapy or counseling, and preparation or arrangement for a surgical procedure.

(9) "Participate" means to provide, perform, assist with, facilitate, refer for, counsel for, advise to pursue, admit for the purposes of providing, or take part in any way in providing any medical procedure, treatment, or service.

[54-1303, added 2025, ch. 101, sec. 1, p. 544.]