Idaho, already in a doctor shortage, is losing doctors who specialize in obstetrics and gynecology.

In a presentation at the Idaho State Capitol Building on Wednesday, Idaho medical leaders say the workforce shortage is exacerbated by doctors’ confusion about how to practice medicine under Idaho’s abortion ban that only allows abortion if it is needed for the mother’s life — not their health.

And they pleaded with lawmakers for a health exception, which would allow a doctor to terminate a pregnancy to prevent significant harm to a patient, not just prevent their death. For example, if a patient’s water broke early and infection was setting in before a fetus was viable, a physician could treat the infection, which may involve terminating the pregnancy, without fear of prosecution.

“Idaho is digging itself into a workforce hole that will take many years, if not decades, to fill. But before we can stabilize the environment and move forward, we have to stop digging. And we need more clarity in our laws to help with that,” said Susie Pouliot Keller, CEO of the Idaho Medical Association.

If a provider is prosecuted under Idaho’s abortion law, they face two to five years in prison and could have their medical license suspended or revoked. Idaho also has a civil enforcement law, allowing doctors to be sued for at least $20,000 by any family members of a person who obtained an abortion.

But legislation modifying Idaho’s abortion ban isn’t likely this year. The Idaho Legislature finished most of its business for the session on Wednesday and has recessed until April 10 to give itself time to address any potential vetoes Gov. Brad Little could issue.

Legislators held off on abortion legislation in 2024 while the U.S. Supreme Court considers a challenge to Idaho’s abortion ban, said Rep. Brent Crane, R-Nampa, who chairs the Idaho House State Affairs Committee, which typically handles abortion legislation.

Crane, after meeting with Treasure Valley doctors earlier this year on the issue, said he believes attorneys are being dishonest about how the abortion ban works. And he stressed that no doctor has been prosecuted or charged under Idaho’s abortion ban.

“I think that there’s still a push to try to undo Idaho’s abortion statutes. And they’re using doctors, OB docs, as a pawn in this political game, and I’m tired of it,” Crane told the Idaho Capital Sun in an interview. “Be honest with your doctors. Let them know the provisions that have been put in place by the Idaho Legislature. There are provisions that are clearly spelled out.”

Concerns about Idaho’s abortion ban being unclear aren’t new. In October, the Washington Post reported on how doctors had begged hospitals for guidance on abortion laws — including in Idaho.

“I really don’t think there’s any factual way to deny that it is, in fact, our abortion ban that is causing this very serious problem,” House Minority Leader Ilana Rubel, D-Boise, told the Idaho Capital Sun in an interview.

The Idaho Medical Association had worked on draft legislation for a maternal health exception, Pouliot Keller told the Sun in a statement. But “those conversations stopped” after the U.S. Supreme Court decided to hear Idaho’s case, she said.

“We learned that due to the impending court decision, there was no longer a legislative path forward. Regardless of the (Supreme Court) decision, IMA is still committed to a legislative change to preserve the health of patients faced with harmful pregnancy complications,” Pouliot Keller said.

‘A crisis of conscience’ for doctors practicing under Idaho’s abortion ban

Dr. Megan Kasper, an OB/GYN in Canyon County who spoke at the Capitol on Wednesday, said she’d recently cared for a patient in her second trimester — weeks away from viability — who had painful contractions and a dilated cervix.