Idaho Governor Brad Little Signs Medical Freedom Act Into Law

Idaho Governor Brad Little signed the Medical Freedom Act into law, becoming the first state to do so. The law states that schools and employers cannot require medical intervention as a prerequisite for registration or employment. In addition, the law prevents ticketing institutions from requiring medical interventions to attend concerts and performances.

After the COVID-19 vaccine rollout in 2021, institutions nationwide instituted vaccine mandates as a condition of employment or to attend concerts. Saint Alphonsus Health System and St. Luke’s Health System, Boise’s two largest health providers, announced that all employees would be required to get a COVID-19 vaccination in 2021. Knitting Factory Concert House and Treefort Music Fest both required proof of COVID-19 vaccination or a negative COVID-19 test to attend performances in 2021.

The bill was passed by the Idaho House and Senate, but was originally vetoed by Governor Little. Little said he was concerned that the law would prevent schools from being able to mitigate and suppress disease outbreaks. The legislature made some edits and confirmed that schools would still be able to require sick children stay home. Little signed the updated legislation into law late last week.

The HighWire has reported about mandates around the country since the rollout of the COVID-19 vaccines in 2021. Pete Parada is a professional drummer who was fired from the Offspring after being with the band for 14 years because he wouldn’t get the COVID-19 vaccination. Parada’s doctor recommended he not get the vaccine due to his medical condition of Guillain-Barré Syndrome (GBS).

Parada appeared on The HighWire with his new band The Defiant, which also includes singer Dicky Barrett. Barrett was fired from his role as the announcer for the Jimmy Kimmel show for not getting a vaccine. Kimmel said on his show that hospitals should only provide care to individuals who have received the vaccine.

In 2023, Idaho passed a law banning mandates of COVID-19 vaccinations as a condition for schools or employers. The new law expands upon those protections by including all medical interventions in other institutions, such as live music venues.

A 2022 paper published in BMJ concluded “The adoption of new vaccination policies has provoked backlash, resistance, and polarisation. It is important to emphasise that these policies are not viewed as ‘incentives’ or ‘nudges’ by substantial proportions of populations especially in marginalised, underserved or low COVID-19-risk groups. Denying individuals education, livelihoods, medical care or social life unless they get vaccinated—especially in light of the limitations with the current vaccines—is arguably in tension with constitutional and bioethical principles, especially in liberal democracies.”

The researchers added, “Our analysis strongly suggests that mandatory COVID-19 vaccine policies have had damaging effects on public trust, vaccine confidence, political polarization, human rights, inequities, and social wellbeing.”

The bill does not specifically address mask mandates and only refers to “medical interventions.” Masks are typically considered personal protective equipment, but could potentially be considered as a medical intervention if challenged in the court of law. A 2021 study with data from Bexar, Texas concluded “There was no reduction in per-population daily mortality, hospital bed, ICU bed, or ventilator occupancy of COVID-19-positive patients attributable to the implementation of a mask-wearing mandate.”

The International Journal of Environmental Research and Public Health published a study in 2021 detailing several harms caused by the use of mask-wearing. The authors found a “statistically significant correlation” between mask usage and hypoxia. The authors note “healthy and sick people can experience Mask-Induced Exhaustion Syndrome (MIES),” which often comes with several symptoms. The symptoms include an increase in breathing dead space, breathing resistance, blood carbon dioxide, heart rate, and blood pressure. The authors found a decrease in blood oxygen saturation, cardiopulmonary capacity, ability to concentrate, and empathy perception.

Governor Little signed a bill into law last month that bans mask mandates in government schools. Under that new law, local governments cannot mandate masks in an effort to slow the spread of infectious diseases. It also applies to government positions, but there are exemptions for jobs that require masks to complete the job duties, including some health care positions and those who deal with hazardous waste.

Opponents of the original bill that Governor Little vetoed expressed concerns about parental rights when making decisions about daycare. The revised bill signed into law by Little includes a carve-out exemption for daycares. The law states the provisions shall not apply to businesses subject to “chapter 11, title 39, Idaho Code” titled “Basic Day Care License.”

Section 39-1118 refers to immunizations required for children to attend any licensed daycare facility. It requires the parent or guardian to “provide an immunization record to the operator of the daycare facility regarding the child’s immunity to certain childhood diseases. This record, signed by a physician or his representative or another licensed healthcare professional, shall verify that the child has received or is in the process of receiving immunizations as specified by the board; or can effectively demonstrate, through verification in a form approved by the department, immunity gained through prior contraction of the disease.”

Under this provision, parents and guardians can still be granted an exemption. One potential exemption applies if the parent can provide a signed letter from a licensed physician stating that the immunizations would endanger the child’s life based on the child’s current physical condition. Parents and guardians can also submit a signed statement that includes their religious exemptions or other grounds. The signed letter is sufficient to be granted an exemption based on the current state law.