HOUSE BILL NO. 213
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H0213....................................................by HEALTH AND WELFARE
STERILIZATION - Adds to and repeals existing law relating to sterilization to
provide a comprehensive procedure applicable to persons who may be incapable
of giving informed consent to sterilization procedures; to require appointment
of counsel, notice and consideration by an evaluation committee; to require a
hearing; to specify the criteria to be considered by the court; to limit the
procedures which may be authorized; to govern conditions when a hospital or
hospital employee may refuse to participate in sterilization; and to provide
for exemption from disclosure of records for court proceedings regarding
judicial authorization of sterilization procedures.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/18 Rpt out - Ref'd to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Clark, Deal, Kellogg, Trail, Mr. Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta(Wilson), Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor - Burkett
Title apvd - to House
03/21 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/26 To Governor
04/01 Governor signed
Session Law Chapter 189
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 213
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO STERILIZATION; REPEALING CHAPTER 39, TITLE 39, IDAHO CODE; AMEND-
3 ING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 39, TITLE 39,
4 IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT CONCERNING STER-
5 ILIZATION, TO DEFINE TERMS, TO PROVIDE FOR STERILIZATION OF PERSONS SUB-
6 JECT TO THIS CHAPTER, TO PROVIDE FOR INITIATION OF PROCEEDINGS, TO REQUIRE
7 APPOINTMENT OF COUNSEL, TO PROVIDE FOR NOTICE, TO REQUIRE CONSIDERATION BY
8 THE EVALUATION COMMITTEE, TO REQUIRE A HEARING, TO PROVIDE CRITERIA TO BE
9 CONSIDERED BY THE COURT, TO LIMIT THE PROCEDURES WHICH MAY BE AUTHORIZED,
10 TO PROVIDE FOR APPEALS, TO PROVIDE MEMBERSHIP AND DUTIES OF THE EVALUATION
11 COMMITTEE, TO PROVIDE FOR CONFIDENTIALITY OF AND ACCESS TO RECORDS, TO
12 PROVIDE CIVIL AND CRIMINAL IMMUNITY UNDER CONDITIONS SPECIFIED AND TO GOV-
13 ERN CONDITIONS WHEN A HOSPITAL OR HOSPITAL EMPLOYEE MAY REFUSE TO PARTICI-
14 PATE IN STERILIZATION; AND AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE
15 EXEMPTION FROM DISCLOSURE OF RECORDS FOR COURT PROCEEDINGS REGARDING JUDI-
16 CIAL AUTHORIZATION OF STERILIZATION PROCEDURES AND TO MAKE TECHNICAL COR-
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Chapter 39, Title 39, Idaho Code, be, and the same is
20 hereby repealed.
21 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended
22 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
23 ter 39, Title 39, Idaho Code, and to read as follows:
24 CHAPTER 39
26 39-3901. LEGISLATIVE INTENT. The legislature of the state of Idaho
27 acknowledges that sterilization procedures are highly intrusive, generally
28 irreversible and represent potentially permanent and highly significant conse-
29 quences for individuals incapable of giving informed consent. The legislature
30 recognizes that certain legal safeguards are required to prevent indiscrimi-
31 nate and unnecessary sterilization of such individuals, and to assure equal
32 access to desired medical procedures for all Idaho citizens.
33 39-3902. DEFINITIONS. For purposes of this chapter, the following words
34 and terms have the meaning hereinafter stated:
35 (1) "Emergency medical treatment" means immediate medical intervention
36 required, according to the prevailing medical standards of judgment and prac-
37 tice within the community, because of the medical condition of the person sub-
38 ject to this chapter.
39 (2) "Evaluation committee" means an interdisciplinary team consisting of
40 at least four (4) individuals qualified by education and training to evaluate
1 an individual as required by the provisions of this chapter, and an advocate
2 designated by the person subject to this chapter. Each committee must include:
3 two (2) social workers, at least one (1) of whom must be a master's level; a
4 clinical psychologist or a psychiatrist; and a physician.
5 (3) "Informed assent" means a process by which a person subject to this
6 chapter who lacks or is alleged to lack the capacity to consent to steriliza-
7 tion is given a fair opportunity to acknowledge the nature, risks and conse-
8 quences of the procedures and, insofar as he or she is able to, indicates
9 willingness and choice to undergo sterilization.
10 (4) "Interested person" means an interested, responsible adult including,
11 but not limited to, the legal guardian, spouse, parent, legal counsel, adult
12 child, or next of kin of a person subject to this chapter, or if none of these
13 are available, the department of health and welfare.
14 (5) "Medically necessary" means that, according to the prevailing medical
15 standards of judgment and practice within the community, the procedure is rea-
16 sonably calculated to prevent or treat conditions in the person subject to
17 this chapter that endanger life, cause severe pain, or cause functionally sig-
18 nificant deformity or malfunction, and for which there is not an equally
19 effective alternative course of treatment available or suitable.
20 (6) "Person subject to this chapter" means all adults, except adults who
21 may consent to their own treatment pursuant to chapter 43, title 39, Idaho
22 Code. Adults who are alleged to lack this capacity are also persons subject to
23 this chapter.
24 (7) "Physician" means a person duly licensed in the state of Idaho to
25 practice medicine and surgery without restriction pursuant to laws of the
26 state of Idaho.
27 (8) "Records" includes, but is not limited to, all court files of judi-
28 cial proceedings brought under this chapter, written clinical information,
29 observations and reports, or fiscal documents relating to a person subject to
30 this chapter who has undergone or is about to undergo sterilization and which
31 are related to the sterilization.
32 (9) "Sterilization" means any medical or surgical operation or procedure
33 which can be expected to result in a patient's permanent inability to repro-
35 39-3903. STERILIZATION OF PERSONS SUBJECT TO THIS CHAPTER. Persons sub-
36 ject to this chapter have the legal right to be sterilized following the entry
37 of an order providing for sterilization and the expiration of the time allowed
38 by law for perfecting an appeal. In no event shall persons subject to this
39 chapter be sterilized without court approval in accordance with this chapter
40 unless sterilization occurs as part of emergency medical treatment.
41 39-3904. INITIATION OF PROCEEDING. A person subject to this chapter or
42 any interested person may file a petition in the district court in which the
43 person subject to this chapter resides, alleging that said person meets the
44 requirements for sterilization.
45 39-3905. APPOINTMENT OF COUNSEL. Persons subject to this chapter shall
46 have counsel at all stages of the proceedings provided for in this chapter.
47 Unless independently provided for by the persons subject to this chapter,
48 counsel shall be appointed by the district court which shall also conduct an
49 investigation to determine whether or not the person has funds in trust or
50 otherwise to pay reasonable compensation to counsel. If the investigation dis-
51 closes that the person is without such funds, the court shall order that coun-
52 sel be paid reasonable compensation at public expense.
1 39-3906. NOTICE. The court shall order that the petition be served per-
2 sonally upon the person subject to this chapter, his or her guardian or par-
3 ent, his or her counsel, his or her guardian ad litem, and such other persons
4 as the court may designate.
5 39-3907. REFERRAL TO THE EVALUATION COMMITTEE. The court shall refer the
6 petition to the evaluation committee for review and recommendation.
7 39-3908. HEARING. (1) The court shall set a hearing on the petition upon
8 receipt of the recommendation of the evaluation committee and shall order
9 that copies of the evaluation committee's reports and notice of the time and
10 place of the hearing be provided the person subject to this chapter, their
11 guardian, their counsel, their guardian ad litem, and such other persons as
12 the court may designate.
13 (2) The person subject to this chapter is entitled to be present at the
14 hearing, and to see and hear all evidence bearing on the petition. The person
15 subject to this chapter may be absent from the hearing if he or she is unwill-
16 ing or is unable to participate.
17 (3) A hearing shall be held in district court with the right of cross-ex-
18 amination preserved at all stages. The members of the evaluation committee may
19 be subpoenaed and questioned by any party to the proceedings. Any party to the
20 proceedings may submit additional evidence.
21 (4) The court must enter findings of fact and conclusions of law as well
22 as an order either directing sterilization of the person subject to this chap-
23 ter or dismissing the petition for insufficiency of evidence or any other rea-
25 39-3909. CRITERIA. (1) The court may grant an order authorizing a spe-
26 cific sterilization procedure if the court finds by clear and convincing evi-
27 dence that the person subject to this chapter is functionally capable of giv-
28 ing and withholding informed assent to the proposed sterilization and has
29 given informed assent to the proposed sterilization, or that the person is
30 functionally incapable of giving or withholding informed assent but steriliza-
31 tion is in the best interest of the person.
32 (2) The person subject to this chapter assents to sterilization if the
33 person manifests an uncoerced willingness to undergo sterilization after being
34 fully informed of the nature, risks, consequences and alternatives to the pro-
35 cedure. A person who lacks the capacity to manifest an uncoerced willingness
36 or unwillingness to sterilization cannot assent to the procedure. To determine
37 whether the person is capable of giving informed assent, the court shall con-
38 sider whether the person understands and appreciates:
39 (a) The causal relationship between sexual intercourse and pregnancy or
41 (b) The causal relationship between sterilization and the impossibility
42 of pregnancy or parenthood;
43 (c) The nature of the sterilization operation including the pain, discom-
44 fort and risks of the procedure;
45 (d) The probable permanency and irreversibility of the sterilization pro-
47 (e) All medically approved alternatives to sterilization;
48 (f) The consequences of initiation of pregnancy or becoming pregnant,
49 mothering or fathering a child, and becoming a parent; and
50 (g) The power to change one's mind about being sterilized at any time
51 before the procedure is performed.
52 To assure the adequacy of the person's informed assent, evidence shall be
1 presented showing that the person received appropriate counseling from the
2 physician who will perform the sterilization and at least one (1) other quali-
3 fied independent counselor such as a social worker with a master's degree, a
4 clinical nurse specialist, or a licensed psychologist or psychiatrist. The
5 counseling shall cover the benefits or advantages to sterilization and con-
6 versely the losses and disadvantages of sterilization including the feelings,
7 values and lifestyle changes attendant with sterilization.
8 Witnesses who attest in court as to the soundness of informed assent shall
9 comment on and assess the person's understanding of each issue and shall com-
10 ment on and assess the degree to which the person expresses an uncoerced will-
11 ingness to accept each risk and consequence. Any reservations or resistance
12 expressed or otherwise evidenced by the person shall be disclosed to the
14 (3) The persons subject to this chapter may be sterilized if the court
15 finds by clear and convincing evidence that:
16 (a) The person is functionally incapable of giving or withholding
17 informed assent and that the incapacity is not likely to change in the
18 foreseeable future; and
19 (b) Sterilization is in the best interest of the person.
20 (4) To determine whether sterilization is in the best interest of the
21 person subject to this chapter the court shall find by clear and convincing
22 evidence that:
23 (a) The person is likely to be fertile. Fertility may be conclusively
24 presumed if the medical evidence indicates normal development of the sex-
25 ual organs, and the evidence does not otherwise raise doubts about fertil-
27 (b) There is a likelihood that the person will engage in sexual inter-
29 (c) The nature and extent of the person's disability, as determined by
30 empirical evidence and not solely the basis of standardized tests, renders
31 him or her permanently incapable of caring for a child, even with reason-
32 able assistance;
33 (d) The person will suffer severe physical or psychological harm if he or
34 she were to parent a child, which may include any harm occurring from the
35 removal of the child from the person's custody;
36 (e) The person will not suffer severe physical or psychological harm from
37 the sterilization;
38 (f) Less restrictive alternatives to sterilization, both at the present
39 time and under foreseeable future circumstances, are not feasible or medi-
40 cally advisable;
41 (g) The proposed method of sterilization entails the least invasion of
42 the body of the individual; and
43 (h) Scientific or medical advances will not occur within the foreseeable
44 future which will materially make possible the improvement of the person's
45 condition with respect to sterilization.
46 39-3910. AUTHORIZED STERILIZATION PROCEDURE. A sterilization procedure
47 authorized under this chapter shall not include hysterectomy or castration
48 unless the court finds by clear and convincing evidence that hysterectomy or
49 castration is medically necessary treatment, independent of the need for ster-
50 ilization. No sterilization procedure authorized under this chapter shall be
51 performed by any person other than a physician.
52 39-3911. APPEALS. The order approving, denying or otherwise disposing of
53 the petition for sterilization shall be appealable to the supreme court of
1 Idaho. Such appeal may be perfected in the same manner as in civil actions. In
2 the case of appeals from any order directing sterilization, the order of the
3 district court shall be stayed pending disposition of such appeal and no ster-
4 ilization shall take place until after the expiration of the time allowed by
5 law for perfecting appeal.
6 39-3912. EVALUATION COMMITTEE. (1) There is established the evaluation
7 committee composed of persons contracted by or employees of the department of
8 health and welfare.
9 (2) The committee shall review and make recommendations to the court on
10 all petitions for sterilization. In making its recommendation to the court,
11 the committee shall investigate and determine whether the person subject to
12 this chapter is capable of giving informed assent and, if not, whether steril-
13 ization is in the best interest of the person. The committee shall consider
14 the criteria set forth in section 39-3909, Idaho Code, in determining whether
15 the person is capable of providing informed assent or whether sterilization is
16 in the best interest of the person.
17 (3) The committee or designated member of the committee may interview or
18 request a written statement from the person subject to this chapter, physi-
19 cians, relatives, concerned individuals, and others who, in the committee
20 member's judgment, possess relevant information concerning the petition for
21 sterilization. Conversely, the person subject to this chapter, the guardian ad
22 litem, the petitioner, or any other person may request to speak to the commit-
23 tee or submit a written statement to the committee concerning the proposed
25 (4) The committee shall submit a report in writing to the court contain-
26 ing its recommendations together with supporting documents. Committee members
27 who do not concur with the majority recommendation shall submit a report in
28 writing to the court detailing the basis for their dissent.
29 39-3913. CONFIDENTIALITY OF AND ACCESS TO RECORDS. Records developed by
30 the evaluation committee and records contained in court files of judicial pro-
31 ceedings brought under this chapter shall be governed by the provisions of
32 chapter 3, title 9, Idaho Code.
33 39-3914. CIVIL AND CRIMINAL IMMUNITY -- EXCEPTION. When an operation
34 shall have been performed in compliance with the provisions of this law, no
35 physician duly licensed to, without restriction, practice medicine and surgery
36 in this state or other person legally participating in the execution of the
37 provisions of this chapter shall be liable civilly or to criminal prosecution
38 on account of such operation or participation therein, except in the case of
39 negligence in the performance of said procedures. Nothing in this chapter
40 shall be construed so as to prevent sterilization of persons subject to this
41 chapter as part of emergency medical treatment or the voluntary sterilization
42 of a person competent to give his or her consent.
43 39-3915. REFUSAL TO PARTICIPATE IN STERILIZATION. No hospital shall be
44 required to furnish facilities or admit any patient for sterilization proce-
45 dures if, upon determination by its governing board, it elects not to do so.
46 No physician, nurse, technician or other employee of any hospital, physician
47 or governmental agency shall be required to assist or participate in any ster-
48 ilization procedure if he or she, for religious or moral reasons, objects
49 thereto. Any such objection shall be made in writing and shall state the rea-
50 son for such objection. No refusal to accept a patient for sterilization pro-
51 cedures shall form the basis for any claim for damages or for recriminatory
1 action against the declining person or hospital.
2 SECTION 3. That Section 9-340C, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
5 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
6 are exempt from disclosure:
7 (1) Except as provided in this subsection, all personnel records of a
8 current or former public official other than the public official's public ser-
9 vice or employment history, classification, pay grade and step, longevity,
10 gross salary and salary history, status, workplace and employing agency. All
11 other personnel information relating to a public employee or applicant includ-
12 ing, but not limited to, information regarding sex, race, marital status,
13 birth date, home address and telephone number, applications, testing and
14 scoring materials, grievances, correspondence and performance evaluations,
15 shall not be disclosed to the public without the employee's or applicant's
16 written consent. A public official or authorized representative may inspect
17 and copy his personnel records, except for material used to screen and test
18 for employment.
19 (2) Retired employees' and retired public officials' home addresses, home
20 telephone numbers and other financial and nonfinancial membership records;
21 active and inactive member financial and membership records and mortgage port-
22 folio loan documents maintained by the public employee retirement system.
23 Financial statements prepared by retirement system staff, funding agents and
24 custodians concerning the investment of assets of the public employee retire-
25 ment system of Idaho are not considered confidential under this chapter.
26 (3) Information and records submitted to the Idaho state lottery for the
27 performance of background investigations of employees, lottery retailers and
28 major procurement contractors; audit records of lottery retailers, vendors and
29 major procurement contractors submitted to or performed by the Idaho state
30 lottery; validation and security tests of the state lottery for lottery games;
31 business records and information submitted pursuant to sections 67-7412(8) and
32 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
33 obtained and held for the purposes of lottery security and investigative
34 action as determined by lottery rules unless the public interest in disclosure
35 substantially outweighs the private need for protection from public disclo-
37 (4) Records of a personal nature as follows:
38 (a) Records of personal debt filed with a public agency or independent
39 public body corporate and politic pursuant to law;
40 (b) Personal bank records compiled by a public depositor for the purpose
41 of public funds transactions conducted pursuant to law;
42 (c) Records of ownership of financial obligations and instruments of a
43 public agency or independent public body corporate and politic, such as
44 bonds, compiled by the public agency or independent public body corporate
45 and politic pursuant to law;
46 (d) Records, with regard to the ownership of, or security interests in,
47 registered public obligations;
48 (e) Vital statistics records.
49 (5) Information in an income or other tax return measured by items of
50 income or sales, which is gathered by a public agency for the purpose of
51 administering the tax, except such information to the extent disclosed in a
52 written decision of the tax commission pursuant to a taxpayer protest of a
53 deficiency determination by the tax commission, under the provisions of sec-
1 tion 63-3045B, Idaho Code.
2 (6) Records of a personal nature related directly or indirectly to the
3 application for and provision of statutory services rendered to persons apply-
4 ing for public care for the elderly, indigent, or mentally or physically hand-
5 icapped, or participation in an environmental or a public health study, pro-
6 vided the provisions of this subsection making records exempt from disclosure
7 shall not apply to the extent that such records or information contained in
8 those records are necessary for a background check on an individual that is
9 required by federal law regulating the sale of firearms, guns or ammunition.
10 (7) Employment security information and unemployment insurance benefit
11 information, except that all interested parties may agree to waive the exemp-
13 (8) Any personal records, other than names, business addresses and busi-
14 ness phone numbers, such as parentage, race, religion, sex, height, weight,
15 tax identification and social security numbers, financial worth or medical
16 condition submitted to any public agency or independent public body corporate
17 and politic pursuant to a statutory requirement for licensing, certification,
18 permit or bonding.
19 (9) Unless otherwise provided by agency rule, information obtained as
20 part of an inquiry into a person's fitness to be granted or retain a license,
21 certificate, permit, privilege, commission or position, private association
22 peer review committee records authorized in title 54, Idaho Code. Any agency
23 which has records exempt from disclosure under the provisions of this subsec-
24 tion shall annually make available a statistical summary of the number and
25 types of matters considered and their disposition.
26 (10) The records, findings, determinations and decisions of any prelitiga-
27 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
28 (11) Complaints received by the board of medicine and investigations and
29 informal proceedings, including informal proceedings of any committee of the
30 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
31 adopted thereunder.
32 (12) Records of the department of health and welfare or a public health
33 district that identify a person infected with a reportable disease.
34 (13) Records of hospital care, medical records, including prescriptions,
35 drug orders, records or any other prescription information that specifically
36 identifies an individual patient, prescription records maintained by the board
37 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
38 treatment and professional counseling records relating to an individual's con-
39 dition, diagnosis, care or treatment, provided the provisions of this subsec-
40 tion making records exempt from disclosure shall not apply to the extent that
41 such records or information contained in those records are necessary for a
42 background check on an individual that is required by federal law regulating
43 the sale of firearms, guns or ammunition.
44 (14) Information collected pursuant to the directory of new hires act,
45 chapter 16, title 72, Idaho Code.
46 (15) Personal information contained in motor vehicle and driver records
47 that is exempt from disclosure under the provisions of chapter 2, title 49,
48 Idaho Code.
49 (16) Records of the financial status of prisoners pursuant to subsection
50 (2) of section 20-607, Idaho Code.
51 (17) Records of the Idaho state police or department of correction
52 received or maintained pursuant to section 19-5514, Idaho Code, relating to
53 DNA databases and databanks.
54 (18) Records of the department of health and welfare relating to a survey,
55 resurvey or complaint investigation of a licensed nursing facility shall be
1 exempt from disclosure. Such records shall, however, be subject to disclosure
2 as public records as soon as the facility in question has received the report,
3 and no later than the fourteenth day following the date that department of
4 health and welfare representatives officially exit the facility pursuant to
5 federal regulations. Provided however, that for purposes of confidentiality,
6 no record shall be released under this section which specifically identifies
7 any nursing facility resident.
8 (19) Records and information contained in the registry of immunizations
9 against childhood diseases maintained in the department of health and welfare,
10 including information disseminated to others from the registry by the depart-
11 ment of health and welfare.
12 (20) Records of the Idaho housing and finance association (IHFA) relating
13 to the following:
14 (a) Records containing personal financial, family, health or similar per-
15 sonal information submitted to or otherwise obtained by the IHFA;
16 (b) Records submitted to or otherwise obtained by the IHFA with regard to
17 obtaining and servicing mortgage loans and all records relating to the
18 review, approval or rejection by the IHFA of said loans;
19 (c) Mortgage portfolio loan documents;
20 (d) Records of a current or former employee other than the employee's
21 duration of employment with the association, position held and location of
22 employment. This exemption from disclosure does not include the contracts
23 of employment or any remuneration, including reimbursement of expenses, of
24 the executive director, executive officers or commissioners of the associ-
25 ation. All other personnel information relating to an association employee
26 or applicant including, but not limited to, information regarding sex,
27 race, marital status, birth date, home address and telephone number,
28 applications, testing and scoring materials, grievances, correspondence,
29 retirement plan information and performance evaluations, shall not be dis-
30 closed to the public without the employee's or applicant's written con-
31 sent. An employee or authorized representative may inspect and copy that
32 employee's personnel records, except for material used to screen and test
33 for employment or material not subject to disclosure elsewhere in the
34 Idaho public records act.
35 (21) Records of the department of health and welfare related to child sup-
36 port services in cases in which there is reasonable evidence of domestic vio-
37 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to
38 locate any individuals in the child support case except in response to a court
40 (22) Records of the Idaho state bar lawyer's assistance program pursuant
41 to chapter 49, title 54, Idaho Code, unless a participant in the program
42 authorizes the release pursuant to subsection (4) of section 54-4 8901, Idaho
44 (2 23) Records and information contained in the trauma registry created by
45 chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
46 pilations created from such information and records.
47 (24) Records contained in the court files, or other records prepared as
48 part of proceedings for judicial authorization of sterilization procedures
49 pursuant to chapter 39, title 39, Idaho Code.
STATEMENT OF PURPOSE
This bill is designed to rewrite the portion of Idaho Code
regarding involuntary sterilization for people with developmental
disabilities. The current statute has been found unconstitutional
by Idaho District Courts. This bill will require courts to use
criteria which meets constitutional standards for substantive and
procedural due process. It also establishes a uniform procedure
for the evaluation of the capacity of a person to give informed
consent. For people who lack such capacity, this bill will give
them an opportunity to access information about the procedure,
it s risks and benefits and to express their preferences. This
bill would also give physicians and health care workers a clear
legal authority for such procedures and protection from liability
when they perform a surgery that meets the guidelines of the
There is no impact to the general fund.
Name: Representative Margaret Henbest
Jim Baugh, Comprehensive Advocacy, Inc.
STATEMENT OF PURPOSE/FISCAL NOTE H 213