54-1307 CIVIL REMEDIES.

54-1307. Civil Remedies. (1) A cause of action for damages or injunctive relief, or both, may be brought by any health care provider for any violation of any provision of this chapter. Any additional burden or expense on another health care professional, health care institution, or health care payer arising from the exercise of the right of conscience shall not be a defense to any violation of this chapter. However, no cause of action may be brought against an individual who declines to use or purchase a medical procedure or services from a specific health care professional, health care institution, or health care payer for exercising the rights granted in sections 54-1304(1), 54-1305, and 54-1306, Idaho Code.

(2) Any party aggrieved by any violation of this chapter may commence a civil action and shall be entitled, upon the finding of a violation, to:

(a) Injunctive relief, when appropriate, including but not limited to reinstatement of a health care professional's previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer;

(b) Actual damages for injuries suffered; and

(c) Reasonable costs and attorney's fees.

(3) Such damages shall be cumulative and in no way limited by any other remedies that may be available under any other federal, state, or municipal law.

History:

[54-1307, added 2025, ch. 101, sec. 1, p. 547.]