T73CH5

Title 73 > T73CH5

Sections (4)

73-501

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 5 IDAHO MEDICAL FREEDOM ACT 73-501. short title. This chapter shall be known and may be cited as the Idaho Medical Freedom Act. History: [73-501, added 2023, ch. 313, sec. 2, p. 953; am. 2025, ch. 318, sec. 2, p. 1328.]

73-502

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 5 IDAHO MEDICAL FREEDOM ACT 73-502. definitions. As used in this chapter: (1) Business entity means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not-for-profit. Business entity shall include but not be limited to: (a) Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in Idaho, business trusts, and any business entity that registers with the secretary of state; and (b) Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state; any business entity exempt by law from obtaining such a business license; and any business entity operating unlawfully without such a business license. (2) Foreign jurisdiction means any state, commonwealth, country, or nation outside the state of Idaho. (3) Medical intervention means a medical procedure, treatment, device, drug, injection, medication, or medical action taken to diagnose, prevent, or cure a disease or alter the health or biological function of a person. (4) School means any public, private, or parochial preschool; any kindergarten, elementary, or secondary school; any postsecondary institute of education, including trade schools, colleges, and universities; or any other institute of primary, secondary, or higher learning operating in this state. (5) Ticket issuer means an individual or entity providing tickets to an entertainment event, including any of the following: (a) The operator of the venue where an entertainment event occurs; (b) The sponsor or promoter of an entertainment event; (c) A sports team participating in an entertainment event or a league whose teams are participating in an entertainment event; (d) A theater company, musical group, or similar participant in an entertainment event; or (e) An agent of any individual or entity described in this subsection. History: [73-502, added 2023, ch. 313, sec. 2, p. 953; am. 2025, ch. 318, sec. 3, p. 1328.]

73-503

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 5 IDAHO MEDICAL FREEDOM ACT 73-503. medical mandates prohibited. (1) A business entity doing business in the state of Idaho shall not refuse to provide any service, product, admission to a venue, or transportation to a person because that person has or has not received or used a medical intervention. (2) A business entity doing business in the state of Idaho shall not require a medical intervention as a term of employment unless required by federal law or in such cases where the terms of employment include travel to foreign jurisdictions requiring a medical intervention as the only means of entry or where the terms of employment require entry into a place of business or facility in a foreign jurisdiction and such place of business or facility requires a medical intervention as the only means of entry. In any such instance where an employee is required to obtain or use a medical intervention due to travel to a foreign jurisdiction or entry into a place of business or facility in a foreign jurisdiction, said requirement shall either be included in a valid written employment contract between the employer and the employee or, when a written employment contract does not exist, advance written notice shall be provided to an impacted employee no less than fourteen (14) days prior to such employee being required to receive or use a medical intervention. Business entities that receive medicare or medicaid funding shall be exempt from the requirements of this subsection. (3) A ticket issuer shall not penalize, discriminate against, or deny access to an entertainment event to a ticket holder because the ticket holder has or has not received or used a medical intervention. (4) A school operating in the state or a business subject to chapter 11, title 39 , Idaho Code, operating in the state shall not mandate a medical intervention for any person to attend, enter campus or buildings, or be employed, subject to the requirements of the Idaho parental rights act, sections 32-1010 through 32-1015 , Idaho Code; sections 39-4801 through 39-4804 , Idaho Code; and sections 33-205 and 33-512 (7), Idaho Code. For the purposes of this subsection, private and parochial schools shall be considered as having the same authority as school districts under section 33-512 (7), Idaho Code. (5) Unless required by federal law, no state, county, or local government entity or official in Idaho shall require any person to receive or use a medical intervention. (6) Unless required by federal law, no state, county, or local government entity or official in Idaho shall require any person to receive or use a medical intervention as a condition for: (a) Receipt of any government benefit; (b) Receipt of any government services; (c) Receipt of any government-issued license or permit; (d) Entrance into any public building; (e) Use of public transportation; or (f) A term of employment, provided that such entities that receive medicare or medicaid fundin

73-504

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 5 IDAHO MEDICAL FREEDOM ACT 73-504. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [73-504, added 2023, ch. 313, sec. 2, p. 955.]