IMA Bill Tracker

This tracker lists all the legislation IMA is monitoring and provides status updates, IMA will update this list every Friday


HB 317
: Surgical Authority for Optometrists – OPPOSE

Legislation sponsored by the Idaho Bureau of Occupational Licensing to expand the scope of practice for optometrists to give them authority for certain surgical procedures. This is particularly concerning because there is no standardized curriculum for schools of optometry, especially when it comes to surgical procedures. 

Status: WILL NOT PROCEED IN 2020.


HB 340: Adolescent Treatment Programs
This legislation provides an exemption from licensing for residential programs offering temporary alcohol-drug abuse treatment for children who are 13 to 17 years old. There have been concerns about the lack of licensing and oversight in this legislation. To narrow the scope of HB 340, it was amended to add a requirement that these facilities are part of a pilot program and describes and names, as an example, a specific program in Kootenai County. 

Status: VETOED.


HB 342: Amendments to Telehealth Law
As originally proposed, this bill would have allowed for a telephone call, secure voicemail or email to establish a physician/patient relationship and for a patient to receive an evaluation, diagnosis and treatment, including prescription medication. IMA physician leaders did not believe this upholds the Idaho standard of care. After considerable effort, IMA was successful in obtaining an amendment to HB 342 to remove the voicemail or email language as originally proposed. The amended bill  would change current statutory language regarding the creation of a provider-patient relationship from use of “two-way audio and visual interaction” to instead say use of “two-way audio or audio-visual interaction.”  

Status: LAW. 


HB 386: Pharmacy Benefit Managers (PBM) SUPPORT
This legislation does four things:

  1. Adds transparency by requiring PBMs in Idaho to register annually with the Department of Insurance
  2. Prohibits gag clauses so that pharmacists can inform patients how they can pay less for prescriptions
  3. Requires PBMs to be transparent in how they determine the maximum allowable cost (MAC) they reimburse pharmacies for prescriptions and to regularly update MAC changes
  4. Prohibits PBMs from retroactively denying or reducing a claim for reimbursement, except for legitimate reasons.

Status: LAW.


HB 392:  Liability Protection for Volunteer Healthcare Providers - SUPPORT
HB 392 expands the definition in the current immunity statute to cover licensed health care providers who are practicing within the scope of practice of their license and to cover students in a health care program who are appropriately supervised.  The purpose of this legislation is to encourage providers to volunteer their services without the fear of creating additional liability for themselves because their own policy may not cover services conducted outside the course of their employment.

Status: LAW. 


HB 443:  Discrimination of Unvaccinated Persons - OPPOSE
This legislation would specify that employers or companies that contract with the state of Idaho – including physician offices, hospitals, community health centers and health districts – shall not have employment policies that discriminate against unvaccinated persons.

Status: WILL NOT PROCEED IN 2020.


HB 454Child Neglect
This legislation amends Idaho law by adding language to change the definition of "neglected" within the child protection statutes.  There has been concern by some parent rights groups that current definitions of neglect in the statutes that outline reporting of abuse, abandonment or neglect of a child are overly broad.  These groups contend that physicians, other non-physician providers, and the Idaho Department of Health & Welfare are able or required to remove children from the home in circumstances that do not warrant such removal.  This bill would require a showing of serious or impending harm to the child and also states that parents who choose to request a second opinion or who seek additional information or alternative options for medical treatment shall not be deemed for that reason alone to be neglecting or endangering their child.

Status: WILL NOT PROCEED IN 2020


HB 455:  Reducing Mandatory Reporting Requirements for Child Abuse or Neglect
This bill removes the general public from mandatory reporting requirements.  Since 1972, any adult in Idaho who suspects a child may be a victim of abuse or neglect is required to contact authorities.  This bill would reduce the list of people required to report suspected child abuse or neglect to the following professions: coroners; health care, substance use treatment, mental health, education, childcare professionals; law enforcement, probation, and parole officers. 

Status: WILL NOT PROCEED IN 2020. 


HB 458:  Amendment to Battery on a Health Care Worker Statute - OPPOSE
HB 458 provides exemptions for people with mental illness, although the definitions are problematic. In order to maintain protections for healthcare workers, IMA must oppose this bill as written.

Status: WILL NOT PROCEED IN 2020


HB 465:  Genital Surgery and Gender Perception - OPPOSE
This bill would criminalize physicians for providing gender-affirming medical care to transgender youth. Any violations of the proposed law would be a felony punishable by up to life in prison. IMA has standing policy in opposition to legislation that subjects physicians to criminal charges for providing evidence-based healthcare services. 

Status: WILL NOT PROCEED IN 2020.


HB 506:  Balance Billing Legislation (Replaces HB 387) – OPPOSE  
HB 506 is the third version of this bill and it remains troubling legislation that seeks to address “surprise billing” but does so by imposing government price controls on healthcare services. HB 506 allows insurers to pay whatever network reimbursement rate they decide to pay and forces out of network physicians to accept discounted network rates that they have not agreed to. HB 506 will decrease access to care in rural areas and drive physicians out of independent practice.

Status: WILL NOT PROCEED IN 2020.


HB 515:  The Idaho Patient Act (Melaleuca Legislation, Replaces HB 425)
This legislation seeks to protect patients from questionable medical debt collection practices by imposing restrictions on the process and limiting attorney fees. It also imposes new administrative processes into the realm of physician and hospital billing practices in the form of shortened timelines and increased notifications to patients.

Status: LAW.


HB 525: Prohibits Public Funding to Providers of Abortion 
This legislation would prohibit the transfer or expenditure of public monies to any individual or organization which is a provider of abortion services.  Unfortunately, HB 525 would also ensnare any provider of legal, medically necessary non-elective termination services, such as those done in cases of fetal anomalies or conditions that endanger a woman’s life.

Status: WILL NOT PROCEED IN 2020. 


HB 531:  MAT Treatment Via Telehealth 
This bill seeks to allow Medication Assisted Treatment (MAT) by specifically allowing the prescribing of controlled substances for this purpose. The existing telehealth statute prohibits prescribing controlled substances via telehealth.

Status:  WILL NOT PROCEED IN 2020. 


HB 538Adding Electronic Smoking Devices to Existing Tobacco Statutes - SUPPORT
This legislation would amend the Prevention of Minors Access to Tobacco Act by incorporating electronic smoking devices into the definition of tobacco products, creating parity between traditional tobacco products and new, emerging electronic smoking devices and products. It also allows the Department of Health and Welfare to require permits from all retailers of electronic smoking devices and other vape products in the same manner that traditional tobacco product retailers are currently permitted through the state.

Status: LAW.


HB 567Registration of Kratom Retailers and No Sale to Minors
This bill requires retailers of kratom to register with the Idaho Department of Agriculture, ensure their product is certified by a lab to be free from adulteration, and follow labeling requirements outlined in the bill. HB 567 also outlaws the sale of kratom to minors.

Status: WILL NOT PROCEED IN 2020.


HB 577Chiropractors to Clear Youth Athletes of Concussions for Return to Play (Replaces HB 558)
This bill adds chiropractors to the list of providers who are considered qualified health professionals for the purposes of determining if student-athletes should return to play after suspected concussions or head injuries. The existing list includes physicians, PAs, NPs, and licensed health care professionals trained in the evaluation and management of concussions who are supervised by a directing physician (these are athletic trainers, generally).  HB 577 would require chiropractors to complete training on concussion assessment.

Status: WILL NOT PROCEED IN 2020.


HB 578Simon’s Law - Parental Input into Life-Sustaining Treatment in Pediatric Cases (Replaces HB 519)
This legislation seeks to ensure that parents of hospitalized, terminally ill children are given at least a 48 hours notice prior to implementing any physician order to suspend life-sustaining treatment when the physician believes further medical intervention is futile and inhumane to the patient. It also requires the hospital and physicians to continue providing life-sustaining care while the parents seek a possible transfer to another facility. 

Status: LAW.


HB 582: Definition of “Recklessness" SUPPORT
This legislation is sponsored by the Idaho Liability Reform Coalition (ILRC), which is a broad-based group of business, healthcare and industry organizations. ILRC’s main goal is to uphold Idaho’s existing tort reform laws. As an ILRC Board member, IMA strongly supports HB 582 to provide a definition of “recklessness” in the law to ensure that a recent faulty Idaho Supreme Court jury instruction does not weaken Idaho’s cap on noneconomic damages.

Status: LAW.


HB 611State Preemption of Local Tobacco/Vape Ordinances  OPPOSE
This legislation was an attempted trailer bill to HB 538 to require state regulation of e-cigarette and vaping products. The bill sought to disallow local government entities from enacting stricter regulation of these products than the state law.

StatusWILL NOT PROCEED IN 2020


HB 614Ban on Handheld Communication Devices While Driving

This legislation would create a ban on handheld cell phone use while driving. It allows for hands-free use of cell phones provided that connections and other operations are either through one-touch activation or voice-operated.  The bill also defines exceptions, violations and fines. HB 614 mirrors language from SB 1314 with the addition of exception language for agricultural operations. 

StatusLAW.


HB 616: Health Care Directive Registry SUPPORT

This legislation transfers responsibilities for Idaho’s health care directive registry to the Department of Health and Welfare. Further, it directs the Department to make the registry available 24/7 for easier access for patients, families and healthcare providers.

Status: LAW.


HB 642: County Share of Funding for Medicaid Expansion (Replaces HB 600)
This legislation calls for eliminating county medical indigency programs after one year; and suspending the state Catastrophic Health Care Cost Program on June 30, 2021.  Currently, counties pay the first $11,000 in bills for their residents who can’t pay their catastrophic medical bills, directly from local property taxes, with the state catastrophic fund picking up costs over $11,000.

StatusWILL NOT PROCEED IN 2020.   


HJM 13: Opioid Addiction, Buprenorphine Prescribing 
This House Joint Memorial seeks improved access to medication-assisted therapy (MAT).  Currently, federal law limits the authority to prescribe buprenorphine. Only about 5% of physicians in the United States, and 414 practitioners in Idaho, may prescribe buprenorphine, many of whom do not practice in rural areas.  HJM 13 asks the Idaho congressional delegation to work with congress on amending federal law to provide that any health care practitioner with authority to prescribe opioids should likewise have the authority to prescribe drugs or combinations of drugs appropriate for use in MAT, including buprenorphine.  

Status: ADOPTED.  


SB 1222: Proposal to Reform Idaho’s Approach to Illegal Drugs
This legislation is intended to refocus Idaho's response to the use of illegal drugs away from prosecution and punishment and instead emphasize treatment. SB 1222 would decriminalize the unlawful use of controlled substances in private places and repeals the current prohibition on civil commitments for drug abuse. The legislation does not excuse the commission of crimes that might be associated with the use and possession of illegal drugs, and it expressly retains prohibitions in Idaho law on using and being under the influence in public places, drug trafficking, and driving under the influence.

Status: WILL NOT PROCEED IN 2020.


SB 1240: NP Signature on Certain Forms Now Requiring Physician Signatures
Many Idaho statutes require a physician-only signature for documents such as signing disabled parking permits, jury exemptions, disabled hunter permits, or mental health declarations.  This legislation allows NPs that signature authority when the authorized action is within the NP’s scope of practice. 

Status: LAW.


SB 1252: Injectable Cosmetic Treatments
This legislation states that the administration of injectable cosmetic treatments into a person’s head and neck can only be performed by physicians, PAs, RNs and NPs, dentists, and pharmacists. It also states that an authorized person cannot delegate the authority to those not specifically authorized in the bill. The bill defines cosmetic treatments as: neuromodulators derived from clostridium botulinum or that are biosimilar to or the bioequivalent of such neuromodulators and dermal or soft tissue fillers. 

Status: WILL NOT PROCEED IN 2020.


SB 1253: Idaho CBD Oil and FDA-Approved Medical Cannabis Act
This legislation allows cannabidiol (CBD) oil with 0.3 percent tetrahydrocannabinol (THC) or less, a derivative of hemp, that Idahoans may use for possible pain relief.  It also recognizes that there are currently available in Idaho, by prescription, several legal, FDA-approved, cannabinoid medications offering high levels of THC or CBD for the treatment of various conditions. 

Status: WILL NOT PROCEED IN 2020. 

SB 1275: Insurance Coverage for 6-Month Supply of Contraceptives
SB 1275 will require health benefit plans to provide reimbursement for a 6-month supply of contraceptives.  Currently, many insurance plans reimburse for only a one-to-three month supply of contraception.  This legislation will require any health benefit plan issued or renewed on or after January 1, 2020, that covers contraceptives approved by the FDA to provide reimbursement for a 6-month refill obtained at one time by the patient.  A smaller contraceptive supply may be provided upon request of the patient or the provider. 

Status: WILL NOT PROCEED IN 2020.


SB 1305: Adds Family Medicine Physicians to the List of Approved Supervisors to Prescribing Psychologists
SB 1305 simply adds family medicine physicians to the list of approved supervisors for prescribing psychologists.  Because of the shortage of psychiatrists in Idaho, the Idaho Psychological Association is sponsoring this bill to add other supervisors.   

Status: LAW.

SB 1308: Raises tobacco age to 21 - SUPPORT
To comply with federal changes passed by Congress and supported by the Trump administration, the bill amends existing law to raise the age of possession for tobacco products and electronic cigarettes to 21.

Status: WILL NOT PROCEED IN 2020.


SB 1314: Ban on Handheld Communication Devices While Driving 
SB 1314 would create a ban on handheld cell phone use while driving.  It allows for hands-free use of cell phones provided that connections and other operations are either through one-touch activation or voice-operated.  The bill also defines exceptions, violations and fines.        

Status: WILL NOT PROCEED IN 2020.


SB 1348: Mandates the Usage of the Prescription Drug Monitoring Program (PDMP) 
This bill creates mandatory usage of the PDMP prior to writing a prescription for opioids or benzodiazepines. PDMP inquiries will be required for all opioid and benzo prescriptions except in these circumstances:
(1) For patients:
     (i) Receiving treatment in an inpatient setting;
     (ii) At the scene of an emergency or in an ambulance;
     (iii) In hospice care; or
     (iv) In a skilled nursing home care facility; or
(2) For a prescription in a quantity intended to last no more than three (3) days.
If passed, this legislation will go into effect on and after October 1, 2020 and applies to all prescribers required to register for the PDMP. 

Status: LAW. 


SB 1351: Occupational and Professional Licensure Reform
SB 1351 creates a three-year pilot for a licensing review committee made up of legislators who will determine why new licensing is necessary and why it is the least restrictive means to protect the public.  It will also determine why the public cannot be protected by other means; whether the overall costs are outweighed by the benefits of the proposed regulation; and whether it will have a negative impact on job creation, retention or wages; or place an unreasonable restriction on the ability of an individual to practice their profession. IMA will monitor this pilot program closely as it develops.  

Status: LAW.


SB 1354Idaho Administrative Rule Application to CMS Certified Hospitals
This bill clarifies that any Idaho Administrative Rules that set minimum standards for Idaho hospitals cannot be more restrictive than or in conflict with CMS rules for hospitals certified by CMS or the Joint Commission.  In general, Idaho hospitals must comply with both Idaho rules and federal guidelines.  As both rules and guidelines evolve over time, however, Idaho’s new or existing rules may be more restrictive than or in conflict with CMS guidelines.  This legislation makes it clear, in statute, that CMS guidelines take precedence over Idaho Administrative Rules.   

Status: LAW


SB 1385Abortion Prohibited in Idaho if Supreme Court Overturns Roe and Gives States the Right to Determine Abortion Policy
This bill declares that, should the US Supreme Court overturn Roe v. Wade and thereby make abortion a states’ rights issue, abortion will be illegal in Idaho.  The bill provides affirmative defenses in cases where the life of the mother is an issue and in cases of rape and incest.   

Status: LAW


SB 1393: Idaho Health Data Exchange Funding - SUPPORT
Idaho Health Data Exchange (IHDE) is engaged in a transformation led by industry experts to develop and implement, stakeholder-driven, technical and service-based offerings that support and sustain a high-value health system.  This includes the IHDE Support Act project which focuses on making targeted investments in clinical health information across the state of Idaho, assuring patients receive the highest quality of care and support when in crisis and treatment for substance use disorders. IHDE is committed to maximizing its impact by engaging with a myriad of public and private entities with a shared interest in improving the health and well-being of Idahoans.

StatusLAW.


SB 1395GME Funding -SUPPORT
This is the appropriations bill that funds the buildout of 25 residency positions at five residency programs throughout the state. 
 

Status: LAW.