Idaho medical boards agree to halt abortion referral investigations amid legal battle
BOISE — Idaho's medical licensing boards have agreed to halt investigations of health care providers who refer patients out of state for abortions, pending the resolution of an ongoing court case.
The agreement stems from a broader legal battle involving Planned Parenthood Greater Northwest and two Idaho doctors, who filed a federal lawsuit against Idaho Attorney General Raúl Labrador and state medical boards. The suit challenges Labrador's March 2023 opinion that providers could face prosecution under Idaho's felony abortion ban for making out-of-state referrals — an opinion later rescinded on procedural grounds.
The proposed agreement gained urgency after revelations that the Idaho Division of Occupational and Professional Licenses was reviewing a complaint about an abortion referral. According to court documents, a patient filed a grievance after a nurse practitioner discussed out-of-state abortion options.
DOPL attorney Russell Spencer addressed this in a Dec. 13 filing, writing that the nurse already had an open investigation related to another matter, and the investigation wasn't opened specifically into the abortion referral.
"The investigation that DOPL is currently pursuing against the licensee pre-existed the abortion referral complaint and, while information learned from the new complaint may bolster the preexisting investigation, it is not based on the abortion-referral," he said
Planned Parenthood's attorneys noted that while DOPL wasn't directly investigating the abortion referral, the agency's admission that it might "bolster" an existing investigation raised concerns. This prompted them to seek "a stipulation that would turn counsel's reassurance into something durable and enforceable," according to their emergency status conference notice.
On Dec. 18, both sides filed a proposed agreement: the medical and nursing boards would pledge not to take action against providers over alleged violations of the abortion ban and, in exchange, the plaintiffs would remove the boards from the lawsuit. A judge has yet to rule on this agreement.
Meanwhile, Idaho's criminal penalties for performing abortions remain in effect, as does the provision allowing family members of the unborn to pursue civil lawsuits against abortion providers.
Earlier this month, a federal appeals court maintained a block on enforcing Labrador's opinion while litigation continues.