Idaho's medical and nursing boards have agreed to temporarily halt investigations into healthcare providers who refer patients out of state for abortions, marking a significant development in an ongoing legal dispute.

The proposed agreement comes amid a federal lawsuit filed by Planned Parenthood Greater Northwest and two Idaho doctors against state Attorney General Raúl Labrador and state medical boards. The legal challenge stems from Labrador's March 2023 opinion suggesting providers could face prosecution under Idaho's felony abortion ban for making out-of-state referrals - an opinion later rescinded on procedural grounds.

The urgency for this agreement intensified after revelations that the Idaho Division of Occupational and Professional Licenses (DOPL) was reviewing a complaint involving abortion referral discussions. Court documents revealed that a patient had filed a grievance after a nurse practitioner discussed out-of-state abortion options.

DOPL attorney Russell Spencer clarified in a December 13 filing that while the nurse practitioner in question was already under investigation for separate matters, the abortion referral complaint wasn't the primary focus. However, Spencer's admission that the referral information might 'bolster' the existing investigation prompted concerns from Planned Parenthood's legal team.

Under the proposed agreement filed on December 18, the medical and nursing boards would commit to not taking action against providers over alleged violations of the abortion ban. In exchange, the plaintiffs would remove the boards from the lawsuit. The agreement awaits a judge's approval.

It's important to note that 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. A federal appeals court has maintained a block on enforcing Labrador's opinion while litigation continues.