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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
808
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
MEDICAL
MANDATES;
REPEALING
SECTION
39
-
1118,
IDAHO
CODE,
RELAT
-
2
ING
TO
IMMUNIZATION;
REPEALING
SECTION
39
-
4801,
IDAHO
CODE,
RELATING
3
TO
IMMUNIZATION
AND
EXEMPTIONS;
AMENDING
CHAPTER
48,
TITLE
39,
IDAHO
4
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
4801,
IDAHO
CODE,
TO
DEFINE
5
TERMS;
AMENDING
CHAPTER
48,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
6
A
NEW
SECTION
39
-
4802,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
7
PREEMPTION
OF
MEDICAL
INTERVENTION
MANDATES;
AMENDING
SECTION
39
-
4803,
8
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
IMMUNIZATION
REGISTRY;
9
AMENDING
SECTION
39
-
4804,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
10
NOTIFICATION
TO
PARENT
OR
GUARDIAN
AND
TO
PROVIDE
FOR
AWARD
OF
ATTOR
-
1
1
NEY'S
FEES
AND
COSTS
INCURRED;
AMENDING
SECTION
73
-
503,
IDAHO
CODE,
TO
12
REVISE
PROVISIONS
REGARDING
MEDICAL
MANDATE
PROHIBITIONS;
AND
DECLAR
-
13
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
14
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
15
SECTION
1.
That
Section
39
-
1118
,
Idaho
Code,
be,
and
the
same
is
hereby
16
repealed.
17
SECTION
2.
That
Section
39
-
4801
,
Idaho
Code,
be,
and
the
same
is
hereby
18
repealed.
19
SECTION
3.
That
Chapter
48,
Title
39,
Idaho
Code,
be,
and
the
same
is
20
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
21
ignated
as
Section
39
-
4801,
Idaho
Code,
and
to
read
as
follows:
22
39
-
4801.
DEFINITIONS.
As
used
in
this
chapter:
23
(1)
"Daycare"
means
a
daycare
center
or
daycare
facility
subject
to
the
24
provisions
of
chapter
11,
title
39,
Idaho
Code,
or
any
other
daycare
center
25
or
daycare
facility
that
is
subject
to
regulation
by
any
political
subdivi
-
26
sion
of
this
state.
27
(2)
"Medical
intervention"
means
a
medical
procedure,
treatment,
de
-
28
vice,
drug,
injection,
vaccine,
immunization,
medication,
or
medical
action
29
taken
to
diagnose,
prevent,
or
cure
a
disease
or
alter
the
health
or
biologi
-
30
cal
function
of
a
person.
31
(3)
"Political
subdivision"
means
any
county,
city,
district,
depart
-
32
ment,
agency,
board,
or
any
other
political
subdivision
of
this
state.
33
(4)
"School"
means
any
public,
private,
or
parochial
preschool;
any
34
kindergarten,
elementary,
or
secondary
school;
any
postsecondary
institute
35
of
education,
including
trade
schools,
colleges,
and
universities;
or
any
36
other
institute
of
primary,
secondary,
or
higher
learning
operating
in
this
37
state.
The
term
"school"
includes
any
governing
body
or
administrator
pro
-
38
viding
oversight
or
acting
on
behalf
of
a
school.
39
2
SECTION
4.
That
Chapter
48,
Title
39,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
39
-
4802,
Idaho
Code,
and
to
read
as
follows:
3
39
-
4802.
PREEMPTION
OF
MEDICAL
INTERVENTION
MANDATES.
(1)
The
legis
-
4
lature
finds
that
uniform
laws
prohibiting
medical
intervention
mandates
5
are
necessary
to
preserve
medical
freedom
for
individuals
and
for
parents
6
and
guardians
of
minor
children,
consistent
with
section
1,
article
I
of
the
7
constitution
of
the
state
of
Idaho.
It
is
the
intent
of
the
legislature
to
8
wholly
occupy
the
field
of
medical
intervention
laws
within
this
state.
9
(2)
Except
as
expressly
authorized
by
state
statute,
no
political
sub
-
10
division
of
this
state
or
school
may
adopt
or
enforce
any
law,
rule,
regula
-
1
1
tion,
ordinance,
or
policy
that
requires,
mandates,
advises,
recommends,
or
12
encourages
any
medical
intervention
or
that
limits
or
restricts
any
person's
13
access
to
or
use
of
any
facility
or
service,
including
a
school
or
daycare,
on
14
the
basis
of
the
person
having
declined
or
not
received
a
medical
interven
-
15
tion.
16
(3)
Any
law,
rule,
regulation,
ordinance,
or
policy
that
is
in
viola
-
17
tion
of
this
chapter
is
hereby
declared
to
be
null,
void,
and
of
no
force
and
18
effect.
19
(4)
The
provisions
of
this
chapter
may
be
enforced
by
and
injunctive
re
-
20
lief
may
be
pursued
by
either
the
attorney
general
or
the
prosecuting
attor
-
21
ney
for
the
county
where
a
violation
occurs.
22
(5)
If
a
political
subdivision
of
this
state
is
found
to
have
violated
23
the
provisions
of
this
chapter,
the
attorney
general
or
prosecuting
attor
-
24
ney,
as
applicable,
shall
be
awarded
attorney's
fees
and
costs
incurred
in
25
pursuing
the
enforcement
action.
26
SECTION
5.
That
Section
39
-
4803,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
39
-
4803.
IMMUNIZATION
REGISTRY.
(1)
The
department
of
health
and
wel
-
29
fare
shall
provide
for
the
establishment
of
a
voluntary
registry
of
the
immu
-
30
nization
status
of
Idaho
children
against
childhood
diseases.
The
registry
31
shall
be
maintained
and
its
data
disclosed
as
set
out
herein
to
further
the
32
following
purposes:
33
(a)
To
make
immunizations
readily
available
to
every
Idaho
citizen
that
34
desires
to
have
their
child
immunized;
35
(b)
To
increase
the
voluntary
immunization
rate
in
Idaho
to
the
maximum
36
extent
possible
without
mandating
such
immunizations;
37
(c)
(a)
To
recognize
and
respect
the
rights
of
parents
and
guardians
to
38
make
health
care
decisions
for
their
children;
and
39
(d)
(b)
To
provide
for
timely
reminders
records
to
parents
of
children
40
in
the
registry.
41
(2)
The
name
of
a
child
and
information
relating
to
the
immunization
42
status
of
that
child
shall
be
collected
and
included
in
the
registry
unless
43
if
a
parent,
guardian
or
other
person
legally
responsible
for
the
care
of
the
44
child
chooses
not
to
have
the
child
included
in
the
registry
upon
a
specified
45
written
statement.
Such
statement
may
not
be
part
of
a
general
authorization
46
or
release.
The
registry
shall
contain
the
following
information
for
each
47
child:
48
3
(a)
The
child's
name,
address
and
birth
date;
1
(b)
The
name
and
address
of
each
parent
of
the
child;
2
(c)
The
month,
day,
year
and
type
of
each
immunization
that
has
been
ad
-
3
ministered
to
the
child;
4
(d)
The
name,
address
and
phone
number
of
each
provider
that
has
admin
-
5
istered
an
immunization
to
the
child;
6
(e)
If
requested
by
a
parent
or
guardian,
any
statement
made
pursuant
to
7
subsection
(4)
of
this
section;
and
8
(f)
Other
information
as
authorized
or
requested
by
a
parent
or
9
guardian.
10
(3)
The
department
of
health
and
welfare
shall
only
disclose
informa
-
1
1
tion
relating
to
an
individual
child
in
the
registry
to
the
following
upon
a
12
specific
request:
13
(a)
Employees
of
the
health
district
in
which
the
child
resides
or
seeks
14
medical
services;
15
(b)
Health
records
staff
of
the
school
or
school
district
in
which
the
16
child
is
enrolled;
17
(c)
The
operator
of
a
licensed
daycare
facility
in
which
the
child
is
18
enrolled;
19
(d)
(b)
Persons
who
are
legally
responsible
for
the
long
-
term
care
of
20
the
child,
including
operators
of
licensed
ICF/ID's
and
residential
or
21
assisted
living
facilities,
adoptive
and
foster
parents
and
a
guardian
22
appointed
pursuant
to
chapter
5,
title
15,
Idaho
Code;
23
(e)
(c)
Any
health
care
provider
rendering
treatment
to
the
child,
and
24
the
provider's
agents;
25
(f)
(d)
Any
person
possessing
a
lawful
release,
properly
executed
by
26
the
child's
parent
or
guardian;
27
(g)
(e)
A
parent
of
the
child;
28
(h)
(f)
Any
hospital
where
the
child
is
receiving
care;
or
29
(i)
(g)
The
Idaho
health
data
exchange.
30
(4)
A
parent
or
guardian
of
the
child
shall
have
free
and
open
access
to
31
all
information
in
the
registry
that
relates
to
their
child
or
themselves.
32
Upon
the
written
request
of
a
parent
or
guardian,
the
department
of
health
33
and
welfare
shall:
34
(a)
Cause
all
information
relating
to
the
child
to
be
removed
from
the
35
registry;
36
(b)
Include
in
the
registry
the
a
written
statement
of
a
physician
37
or
parent
pursuant
to
section
39
-
4801(5)
or
39
-
1118(2),
Idaho
Code.
38
parent
or
guardian
declining
or
refusing
immunizations
for
religious
or
39
any
other
reasons.
40
(5)
All
information
contained
in
the
registry
or
disclosed
from
it
is
41
confidential
and
may
not
be
sold
and
may
only
be
disclosed
as
specifically
42
authorized
in
this
section.
A
person
or
entity
to
whom
information
is
dis
-
43
closed
from
the
registry
may
not
thereafter
disclose
it
to
others
except
in
44
accordance
with
state
and
federal
laws
applicable
to
the
use
of
protected
45
health
information.
Any
person
who
discloses
or
authorizes
disclosure
of
46
any
information
contained
in
the
registry,
except
as
authorized
in
this
sec
-
47
tion,
is
guilty
of
a
misdemeanor
and
is
liable
for
civil
damages
in
the
amount
48
of
one
hundred
dollars
($100)
for
each
violation.
49
4
SECTION
6.
That
Section
39
-
4804,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
4804.
NOTIFICATION
TO
PARENT
OR
GUARDIAN
-
-
ATTORNEY'S
FEES
AND
3
COSTS
.
(1)
Before
an
immunization
is
administered
to
any
child
in
this
state,
4
the
parent
or
guardian
of
the
child
shall
be
notified
by
the
person
adminis
-
5
tering
the
immunization
that:
6
(a)
Immunizations
are
not
mandatory
voluntary
and
may
be
declined
or
7
refused
on
religious
or
other
grounds
.
Disclosure
or
explanation
of
re
-
8
ligious
or
other
grounds
shall
not
be
required
of
any
person,
parent,
or
9
guardian
declining
or
refusing
;
10
(b)
Participation
in
the
immunization
registry
is
voluntary
and
may
be
1
1
declined
or
refused
for
any
reason
;
12
(c)
The
parent
or
guardian
is
entitled
to
an
accurate
explanation
of
the
13
complications
known
to
follow
such
immunization.
14
(2)
At
the
time
information
is
initially
collected
regarding
any
child
15
for
entry
into
the
registry
created
pursuant
to
this
chapter,
the
parent
or
16
guardian
shall
be
notified
that:
17
(a)
They
have
the
right
under
Idaho
law
to
submit
a
statement
pursuant
18
to
the
provisions
of
sections
39
-
1118
and
39
-
4801(5)
or
(6),
Idaho
Code,
19
which
exempts
them
from
any
requirement
to
have
information
regarding
20
the
child
entered
into
the
registry;
21
(b)
(a)
At
any
time
they
have
the
right
to
remove
any
information
from
22
the
registry
regarding
the
child;
and
23
(c)
(b)
Immunizations
are
not
mandatory
voluntary
and
may
be
declined
24
or
refused
on
religious
or
other
grounds
.
Disclosure
or
explanation
of
25
religious
or
other
grounds
shall
not
be
required
of
any
person,
parent,
26
or
guardian
declining
or
refusing
.
27
(3)
The
decision
of
a
parent
or
guardian
to:
28
(a)
Submit
a
statement
pursuant
to
the
provisions
of
either
section
29
39
-
1118(2)
or
39
-
4801(5)
or
(6),
Idaho
Code;
30
(b)
(a)
Remove
any
information
regarding
the
child
from
the
registry
31
pursuant
to
the
provisions
of
section
39
-
4803(4),
Idaho
Code;
or
32
(c)
(b)
Refuse
or
decline
the
immunization
on
religious
or
other
33
grounds
or
for
any
other
reason
;
34
shall
not
be
used
in
any
manner
against
the
interests
of
the
parent
or
35
guardian
in
any
administrative,
civil
or
criminal
action.
36
(4)
If
it
is
found
that
any
person
has
violated
the
provisions
of
this
37
chapter,
the
parent
or
guardian
of
the
affected
child
shall
be
awarded
all
38
related
attorney's
fees
and
costs
incurred.
39
SECTION
7.
That
Section
73
-
503,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
73
-
503.
MEDICAL
MANDATES
PROHIBITED.
(1)
A
business
entity
doing
42
business
in
the
state
of
Idaho
shall
not
refuse
to
provide
any
service,
43
product,
admission
to
a
venue,
or
transportation
to
a
person
or
otherwise
pe
-
44
nalize
a
person
because
that
person
has
or
has
not
received
or
used
a
medical
45
intervention.
46
(2)
A
business
entity
doing
business
in
the
state
of
Idaho
shall
not
re
-
47
quire
a
medical
intervention
as
a
term
of
employment
or
otherwise
penalize
an
48
5
employee
because
that
employee
has
or
has
not
received
or
used
a
medical
in
-
1
tervention
unless
required
by
federal
law
or
in
such
cases
where
the
terms
of
2
employment
include
travel
to
foreign
jurisdictions
requiring
a
medical
in
-
3
tervention
as
the
only
means
of
entry
or
where
the
terms
of
employment
re
-
4
quire
entry
into
a
place
of
business
or
facility
in
a
foreign
jurisdiction
5
and
such
place
of
business
or
facility
requires
a
medical
intervention
as
the
6
only
means
of
entry.
In
any
such
instance
where
an
employee
is
required
to
7
obtain
or
use
a
medical
intervention
due
to
travel
to
a
foreign
jurisdiction
8
or
entry
into
a
place
of
business
or
facility
in
a
foreign
jurisdiction,
said
9
requirement
shall
either
be
included
in
a
valid
written
employment
contract
10
between
the
employer
and
the
employee
or,
when
a
written
employment
contract
1
1
does
not
exist,
advance
written
notice
shall
be
provided
to
an
impacted
em
-
12
ployee
no
less
than
fourteen
(14)
days
prior
to
such
employee
being
required
13
to
receive
or
use
a
medical
intervention.
Business
entities
that
receive
14
medicare
or
medicaid
funding
shall
be
exempt
from
the
requirements
of
this
15
subsection
.
16
(3)
A
ticket
issuer
shall
not
penalize,
discriminate
against,
or
deny
17
access
to
an
entertainment
event
to
a
ticket
holder
because
the
ticket
holder
18
has
or
has
not
received
or
used
a
medical
intervention.
19
(4)
(a)
A
school
operating
in
the
state
or
a
business
subject
to
chapter
20
11,
title
39,
Idaho
Code,
operating
in
the
state
shall
not
mandate
a
med
-
21
ical
intervention
for
any
person
to
attend,
enter
campus
or
buildings,
22
or
be
employed,
subject
to
the
requirements
of
the
Idaho
parental
rights
23
act,
sections
32
-
1010
through
32
-
1015,
Idaho
Code
;
sections
39
-
4801
24
through
39
-
4804,
Idaho
Code;
,
and
section
s
33
-
205
and
33
-
512(7)
,
Idaho
25
Code.
For
the
purposes
of
this
subsection,
private
and
parochial
26
schools
shall
be
considered
as
having
the
same
authority
as
school
dis
-
27
tricts
under
section
33
-
512(7),
Idaho
Code.
28
(b)
A
school
operating
in
the
state
or
businesses
subject
to
chapter
11,
29
title
39,
Idaho
Code,
operating
in
the
state
shall
not
require
medical
30
documents,
medical
records,
proof
of
immunization,
or
proof
of
immunity
31
from
any
disease
as
conditions
of
attendance,
enrollment,
entry,
or
em
-
32
ployment.
33
(5)
Unless
required
by
federal
law,
no
No
state,
county,
or
local
gov
-
34
ernment
al
entity
or
official
in
Idaho
shall
require
any
person
to
receive
or
35
use
a
medical
intervention.
36
(6)
Unless
required
by
federal
law,
no
No
state,
county,
or
local
gov
-
37
ernment
al
entity
or
official
in
Idaho
shall
require
any
person
to
receive
or
38
use
a
medical
intervention
as
a
condition
for:
39
(a)
Receipt
of
any
government
benefit;
40
(b)
Receipt
of
any
government
services;
41
(c)
Receipt
of
any
government
-
issued
license
or
permit;
42
(d)
Entrance
into
any
public
building;
43
(e)
Use
of
public
transportation;
or
44
(f)
A
term
of
employment
,
provided
that
such
entities
that
receive
45
medicare
or
medicaid
funding
shall
be
exempt
from
the
requirements
of
46
this
paragraph
.
47
(7)
No
state,
county,
or
local
government
al
or
business
entity
in
Idaho
48
shall
provide
or
offer
any
different
salary,
hourly
wage,
or
other
ongoing
49
6
compensation
or
benefits
to
an
employee
based
on
whether
the
employee
has
or
1
has
not
received
or
used
a
medical
intervention.
2
(8)
The
ability
to
require
a
medical
intervention
under
this
chapter
is
3
subject
to
other
statutory
or
constitutional
provisions
regarding
requests
4
for
medical
interventions
and
requirements
to
provide
reasonable
accommoda
-
5
tion.
6
(9)
The
prohibition
on
medical
interventions
shall
not
apply
to
any
7
situation
where
personal
protective
equipment,
items,
or
clothing
are
8
required
by
a
business
entity
in
the
public
or
private
sectors
based
on
ex
-
9
isting
traditional
and
accepted
industry
standards
or
federal
law.
These
10
exemptions
to
the
prohibition
on
medical
interventions
shall
not
apply
to
1
1
or
include
any
vaccines,
mask
requirements,
or
other
medical
interventions
12
introduced
during
the
COVID
-
19
pandemic.
13
(10)
The
provisions
of
this
chapter
may
be
enforced
and
injunctive
re
-
14
lief
may
be
pursued
by
either
the
attorney
general
or
the
prosecuting
attor
-
15
ney
for
the
county
where
a
violation
occurs.
If
a
business
entity
or
state,
16
county,
city,
or
local
government
al
entity
in
Idaho
is
found
to
have
violated
17
the
provisions
of
this
chapter,
the
attorney
general
or
prosecuting
attor
-
18
ney,
as
applicable,
shall
be
awarded
attorney's
fees
and
costs
incurred
in
19
pursuing
the
enforcement
action.
20
(11)
A
state
agency
shall
not
adopt
any
policy,
administrative
rule,
or
21
regulation
that
conflicts
with
the
provisions
of
this
chapter.
22
(12)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
under
23
no
circumstance
may
a
healthy
person
be
excluded
in
a
disease
outbreak
due
to
24
such
person's
vaccination
status.
25
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28