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
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              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-
 17        RECTIONS.
                                                                        
 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
 25                                    STERILIZATION
                                                                        
 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
                                                                        
                                           2
                                                                        
  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-
 34    duce.
                                                                        
 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.
                                                                        
                                           3
                                                                        
  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-
 24    son.
                                                                        
 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
 40        parenthood;
 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-
 46        cedure;
 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
                                                                        
                                           4
                                                                        
  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
 13    court.
 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-
 26        ity;
 27        (b)  There  is  a  likelihood that the person will engage in sexual inter-
 28        course;
 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
                                                                        
                                           5
                                                                        
  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
 24    sterilization.
 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
                                                                        
                                           6
                                                                        
  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-
 36    sure.
 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-
                                                                        
                                           7
                                                                        
  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-
 12    tion.
 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
                                                                        
                                           8
                                                                        
  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
 39    order.
 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  54-48901,  Idaho
 43    Code.
 44        (223) 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 / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                            RS 12709C1
                                 
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
statute.


                          FISCAL IMPACT
                                 
There is no impact to the general fund.


Contact
          Name: Representative Margaret Henbest
               Phone: 332-1130
     Jim Baugh, Comprehensive Advocacy, Inc.

                                                                                                                
                                                        STATEMENT OF PURPOSE/FISCAL NOTE                        H 213