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H0651......................................................by STATE AFFAIRS MINORS - MEDICAL TREATMENT - Amends and adds to existing law relating to consent for minors to obtain medical treatment including abortions; to provide that medical consent includes consent for prescribing drugs and to provide for parental involvement in medical decisions of their minor children; to define "minor" and "parent"; to provide application to prescribing medication to minors; to exclude minors from the persons who may give consent for their own medical treatment and to include a reference to prescribing drugs; to provide for written medical consent by parents, spouses or guardians, to provide a method for judicial authorization of medical procedures for minors who elect not to obtain the written consent of a parent or legal guardian; to provide for sufficiency of consent; to provide that it is a misdemeanor and constitutes unprofessional conduct for a physician to knowingly fail to inform a pregnant patient of a positive pregnancy test or to fail to provide the pregnant patient with specified information; to require consent to an abortion by a minor, and if the minor is unemancipated, the minor's parent or guardian; to provide for a minor's consent pursuant to court order; to provide the procedures and criteria for a court-ordered consent, and to provide for appeal from the order; and to provide for confidentiality of records contained in court files of judicial proceedings regarding judicial authorization of a minor's consent to an abortion or the performance of abortion procedures upon a minor. 02/10 House intro - 1st rdg - to printing 02/11 Rpt prt - to St Aff 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/19 To Gen Ord 02/26 Returned to St Aff
H0651|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 651 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CONSENT FOR MINORS TO OBTAIN MEDICAL TREATMENT INCLUDING 3 ABORTIONS; AMENDING SECTION 39-4301, IDAHO CODE, TO PROVIDE THAT MEDICAL 4 CONSENT INCLUDES CONSENT FOR PRESCRIBING DRUGS, TO PROVIDE FOR PARENTAL 5 INVOLVEMENT IN MEDICAL DECISIONS OF THEIR MINOR CHILDREN, AND TO PROVIDE 6 EXCEPTIONS; AMENDING CHAPTER 43, TITLE 39, IDAHO CODE, BY THE ADDITION OF 7 A NEW SECTION 39-4301A, IDAHO CODE, TO DEFINE MINOR AND PARENT; AMENDING 8 CHAPTER 43, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9 39-4301B, IDAHO CODE, TO PROVIDE THAT REQUIREMENTS THAT WRITTEN CONSENT OF 10 A PARENT OR GUARDIAN OF A MINOR MUST BE OBTAINED BEFORE MEDICATION MAY BE 11 PRESCRIBED TO A MINOR DO NOT INCLUDE THE ACT OF DISPENSING MEDICATION PUR- 12 SUANT TO A LEGAL PRESCRIPTION; AMENDING SECTION 39-4302, IDAHO CODE, TO 13 EXCLUDE MINORS FROM THE PERSONS WHO MAY GIVE CONSENT FOR THEIR OWN MEDICAL 14 TREATMENT AND TO INCLUDE A REFERENCE TO PRESCRIBING DRUGS; AMENDING SEC- 15 TION 39-4303, IDAHO CODE, TO PROVIDE FOR WRITTEN MEDICAL CONSENT BY PAR- 16 ENTS, SPOUSES OR GUARDIANS, TO PROVIDE THAT MEDICAL CONSENT INCLUDES CON- 17 SENT FOR PRESCRIBING DRUGS, TO PROVIDE A METHOD FOR JUDICIAL AUTHORIZATION 18 OF MEDICAL PROCEDURES FOR MINORS WHO ELECT NOT TO OBTAIN THE WRITTEN CON- 19 SENT OF A PARENT OR LEGAL GUARDIAN; AMENDING SECTION 39-4304, IDAHO CODE, 20 TO PROVIDE FOR SUFFICIENCY OF CONSENT; AMENDING SECTION 18-609, IDAHO 21 CODE, TO PROVIDE THAT IT IS A MISDEMEANOR AND CONSTITUTES UNPROFESSIONAL 22 CONDUCT FOR A PHYSICIAN TO KNOWINGLY FAIL TO INFORM A PREGNANT PATIENT OF 23 A POSITIVE PREGNANCY TEST OR TO FAIL TO PROVIDE THE PREGNANT PATIENT WITH 24 SPECIFIED INFORMATION, TO REQUIRE CONSENT TO AN ABORTION BY THE MINOR AND, 25 IF THE MINOR IS UNEMANCIPATED, THE MINOR'S PARENT OR GUARDIAN, TO PROVIDE 26 FOR A MINOR'S CONSENT PURSUANT TO COURT ORDER, TO PROVIDE THE PROCEDURES 27 AND CRITERIA FOR A COURT-ORDERED CONSENT, TO PROVIDE FOR APPEAL FROM THE 28 ORDER, TO PROVIDE FOR CONFIDENTIALITY OF RECORDS CONTAINED IN COURT FILES 29 OF JUDICIAL PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF A MINOR'S CON- 30 SENT TO AN ABORTION OR THE PERFORMANCE OF ABORTION PROCEDURES UPON A 31 MINOR, TO DELETE A SEVERABILITY CLAUSE AND TO MAKE A TECHNICAL CORRECTION; 32 AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33 18-615, IDAHO CODE, TO PROVIDE SEVERABILITY; AMENDING CHAPTER 3, TITLE 9, 34 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340E, IDAHO CODE, TO PRO- 35 VIDE AN EXEMPTION FROM PUBLIC DISCLOSURE FOR RECORDS OF PROCEEDINGS FOR 36 JUDICIAL AUTHORIZATION OF GENERAL MEDICAL PROCEDURES FOR MINORS; AND 37 AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 38 9-340F, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM DISCLOSURE OF RECORDS 39 CONTAINED IN COURT FILES OF JUDICIAL PROCEEDINGS REGARDING JUDICIAL AUTHO- 40 RIZATION OF A MINOR'S CONSENT TO AN ABORTION OR THE PERFORMANCE OF AN 41 ABORTION. 42 Be It Enacted by the Legislature of the State of Idaho: 43 SECTION 1. That Section 39-4301, Idaho Code, be, and the same is hereby 44 amended to read as follows: 2 1 39-4301. PURPOSE. The primary purposes of this act are : 2 (1)tT o provide and codify Idaho law concerning 3 consent for the furnishing of hospital, medical, dental or surgical care, 4 treatment or procedures , including prescribing drugs, and con- 5 cerning what constitutes an informed consent for such care, treatment or pro- 6 cedures and to provide for parental involvement in the medical decisions 7 of their minor children; and 8 (2)tT o provide certainty and clarity in the 9 law of medical consent in the furtherance of high standards of health care and 10 its ready availability in proper cases. 11 However, nothing in this act shall be deemed to amend or repeal the provi- 12 sions of chapter 3, title 66, Idaho Code, as the same pertain to medical 13 attendance upon or hospitalization of the mentally ill, section 37-3102, 14 Idaho Code, pertaining to requests for treatment and rehabilitation for drug 15 addiction or dependency, section 39-3701, Idaho Code, pertaining to blood 16 donations by minors, section 39-3801, Idaho Code, pertaining to treatment of 17 minors for contagious diseases, nor the provisions of chapter 6, title 18 18, Idaho Code,pertaining to provision of examinations, prescriptions,19devices and informational materials regarding prevention of pregnancy or20pertaining to therapeutic abortions and consent to the performance 21 thereof. Nothing in this act shall be construed to permit or require the pro- 22 vision of health care for a patient in contravention of his stated or implied 23 objection thereto upon religious grounds nor shall anything in this act be 24 construed to require the granting of permission for or on behalf of any 25 patient not able to act for himself by his parent, spouse or guardian in 26 violation of the religious beliefs of the patient and/or the parent or spouse. 27 SECTION 2. That Chapter 43, Title 39, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION , to be 29 known and designated as Section 39-4301A, Idaho Code, and to read as follows: 30 39-4301A. DEFINITIONS -- PARENT AND MINOR. For purposes of this chapter: 31 (1) "Minor" means a person under eighteen (18) years of age who is not 32 emancipated by law or marriage; 33 (2) "Parent" means the birth or adoptive mother or father of a minor, 34 whose parental rights have not been terminated by a court, or a legal guardian 35 of a minor. 36 SECTION 3. That Chapter 43, Title 39, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 39-4301B, Idaho Code, and to read as follows: 39 39-4301B. PRESCRIBING MEDICATION TO MINORS. In this chapter, requirements 40 that written consent of a parent or guardian of a minor must be obtained 41 before medication may be prescribed to a minor do not include the act of dis- 42 pensing medication pursuant to a prescription provided by a person with legal 43 authority to prescribe the medication. 44 SECTION 4. That Section 39-4302, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 39-4302. PERSONS WHO MAY CONSENT TO THEIR OWN CARE. Excluding 47 minors, aAny person of ordinary intelligence and awareness 48 sufficient for him or her generally to comprehend the need for, the nature of 49 and the significant risks ordinarily inherent in any contemplated hospital, 3 1 medical, dental or surgical care, treatment or procedure , including pre- 2 scribing drugs, is competent to consent thereto on his own behalf. Any 3 physician, dentist, hospital or other duly authorized person may provide such 4 health care and services in reliance upon such a consent if the consenting 5 person appears to the physician or dentist securing the consent to possess 6 such requisite intelligence and awareness at the time of giving it. 7 SECTION 5. That Section 39-4303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-4303. PERSONS WHO MAY GIVE CONSENT TO CARE FOR OTHERS. (a) Parent, 10 spouse or guardian. Written cConsent for the fur- 11 nishing of hospital, medical, dental or surgical care, treatment or 12 procedures , including prescribing drugs, to any person who is not 13 then capable of giving such consent as provided in this act or who is a minor 14 or incompetent person, may be given or refused by any competent parent, 15 spouse, or legal guardian of such person unless the patient is a competent 16 adult who has refused to give such consent. 17 (b) Competent relative or other person. If no parent, spouse or legal 18 guardian is readily available to do so, then , except for consent for a 19 minor, consent may be given by any competent relative representing him- 20 self or herself to be an appropriate, responsible person to act under the cir- 21 cumstances; and, in the case of anever married minor ormentally 22 incompetent person, by any other competent individual representing himself or 23 herself to be responsible for the health care of such person, provided, how- 24 ever, that this subsection shall not be deemed to authorize any person to 25 override the express refusal by a competent adult patient to give such consent 26 himself. 27 (c) Attending physician or dentist. Whenever there is no person readily 28 available and willing to give or refuse consent as specified hereinabove in 29 this act, and in the judgment of the attending physician or dentist the sub- 30 ject person presents a medical emergency or there is substantial likelihood of 31 his or her life or health being seriously and permanently endan- 32 gered by withholding or delay in the rendering of such hospital, medical, den- 33 tal or surgical care to such patient, the attending physician or dentist may, 34 in his discretion, authorize and/or provide such care, treatment or procedure 35 as he or she deems appropriate, and all persons, agencies and institutions 36 thereafter furnishing the same, including such physician or dentist, may pro- 37 ceed as if informed, valid consent therefor had been otherwise duly given. 38 (d) Immunity from liability. No person who, in good faith, gives consent 39 or authorization for the provision of hospital, medical, dental or surgical 40 care, treatment or procedures to another as provided by this act shall be sub- 41 ject to civil liability therefor. 42 (e) If the minor person elects not to obtain written consent from a 43 parent or legal guardian for the proposed hospital, medical, dental or surgi- 44 cal care, treatment or procedures, including prescribing drugs, the judge of a 45 court in the county where the minor resides shall, upon a petition or motion, 46 and after an appropriate hearing concerning the minor's emotional development, 47 maturity, intellect, and understanding authorize a physician to perform the 48 proposed procedure if the judge determines that the minor person is mature and 49 capable of giving informed consent to the proposed procedure. If the judge 50 determines that the performance of the procedure upon the minor without writ- 51 ten consent of a parent or guardian would be in the minor's best interest, the 52 judge shall authorize a physician or dentist to perform the procedure without 53 the written consent of a parent or guardian. 4 1 (i) The minor may participate in proceedings in the court on his or her 2 own behalf, and the court may appoint a guardian ad litem for the minor. 3 The court shall advise the minor that he or she has a right to court-ap- 4 pointed guardian ad litem. 5 (ii) Notwithstanding any other provision of law, proceedings in court 6 under this section shall be confidential pursuant to chapter 3, title 9, 7 Idaho Code, and shall be given precedence over other pending matters, if 8 the proposed procedure requires expeditious treatment, so that the court 9 may reach a decision promptly to serve the best interests of the minor. 10 (iii) A judge of the court who conducts proceedings under this section 11 shall make written, specific factual findings and legal conclusions sup- 12 porting the decision and shall order a record of the evidence to be main- 13 tained including the judge's own findings and conclusions. 14 (iv) An expedited confidential appeal shall be available to any minor for 15 whom the court denies an order authorizing the proposed procedure without 16 written consent from a parent or guardian. If the proposed procedure 17 requested requires expedited treatment, the appeals court shall hear the 18 appeal within five (5) days of the filing of the appeal. 19 SECTION 6. That Section 39-4304, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-4304. SUFFICIENCY OF CONSENT. Consent for the furnishing of hospital, 22 medical, dental or surgical care, treatment or procedures shall be valid in 23 all respects if the person giving it is of legal age to provide consent, 24 is sufficiently aware of pertinent facts respecting the need for, the 25 nature of and the significant risks ordinarily attendant upon such a patient 26 receiving such care, as to permit the giving or withholding of such consent to 27 be a reasonably informed decision. Any such consent shall be deemed valid and 28 so informed if the physician or dentist to whom it is given or by whom it is 29 secured has made such disclosures and given such advice respecting pertinent 30 facts and considerations as would ordinarily be made and given under the same 31 or similar circumstances, by a like physician or dentist of good standing 32 practicing in the same community. As used in this section, the term "in the 33 same community" refers to that geographical area ordinarily served by the 34 licensed general hospital at or nearest to which such consent is given. 35 SECTION 7. That Section 18-609, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT 38 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion 39 not prohibited by this act and any hospital or other facility described in 40 section 18-608, Idaho Code, may provide facilities for such procedures with- 41 out, in the absence of negligence, incurring civil liability therefor to any 42 person,including , but not limited to , 43 the pregnant patient and the prospective father of the fetus to have been born 44 in the absence of abortion, if informed consent for such abortion has been 45 duly given by the pregnant patient. 46 (2) In order to provide assistance in assuring that the consent to an 47 abortion is truly informed consent, the director of the department of health 48 and welfare shall publish, after consultation with interested parties, easily 49 comprehended printed material to be made available at the expense of the phy- 50 sician, hospital or other facility providing the abortion, and which shall 51 contain the following: 5 1 (a) Descriptions of the services available to assist a woman through a 2 pregnancy, at childbirth and while the child is dependent, including 3 adoption services, a comprehensive list of the names, addresses, and tele- 4 phone numbers of public and private agencies that provide such services 5 and financial aid available; 6 (b) Descriptions of the physical characteristics of a normal fetus, 7 described at two (2) week intervals, beginning with the fourth week and 8 ending with the twenty-fourth week of development, accompanied by scien- 9 tifically verified photographs of a fetus during such stages of develop- 10 ment. The description shall include information about physiological and 11 anatomical characteristics, brain and heart function, and the presence of 12 external members and internal organs during the applicable stages of 13 development; and 14 (c) Descriptions of the abortion procedures used in current medical prac- 15 tices at the various stages of growth of the fetus and any reasonable 16 foreseeable complications and risks to the mother, including those related 17 to subsequent child bearing. 18 (3) No abortion shall be performed unless, prior to the abortion, the 19 attending physician or the attending physician's agent (i) confirms or veri- 20 fies a positive pregnancy test and informs the pregnant patient of a positive 21 pregnancy test, and (ii) certifies in writing that the materials provided by 22 the director of the department of health and welfare have been provided to the 23 pregnant patient, if reasonably possible, at least twenty-four (24) hours 24 before the performance of the abortion. If the materials are not available 25 from the director of the department of health and welfare, no certification 26 shall be required. The attending physician, or the attending physician's 27 agent, shall provide any other information required under this act. In addi- 28 tion to providing the material, the attending physician may provide the preg- 29 nant patient with such other information which in the attending physician's 30 judgment is relevant to the pregnant patient's decision as to whether to have 31 the abortion or carry the pregnancy to term. The knowing failure of the 32 attending physician or the attending physician's agent to perform any one (1) 33 or more of the acts required under (i) and (ii) of subsection (3) of this sec- 34 tion shall constitute a misdemeanor by the attending physician. In addition, 35 such a failure shall constitute unprofessional conduct upon the basis of which 36 the attending physician may be subject to discipline pursuant to section 37 54-1814(6), Idaho Code. 38 (4) If the attending physician reasonably determines that due to circum- 39 stances peculiar to a specific pregnant patient, disclosure of the material is 40 likely to cause a severe and long lasting detrimental effect on the health of 41 such pregnant patient, disclosure of the materials shall not be required. 42 Within thirty (30) days after performing any abortion without certification 43 and delivery of the materials, the attending physician, or the attending 44 physician's agent, shall cause to be delivered to the director of the depart- 45 ment of health and welfare, a report signed by the attending physician, pre- 46 serving the patient's anonymity, which explains the specific circumstances 47 that excused compliance with the duty to deliver the materials. The director 48 of the department of health and welfare shall compile the information annually 49 and report to the public the total number of abortions performed in the state 50 where delivery of the materials was excused; provided that any information so 51 reported shall not identify any physician or patient in any manner which would 52 reveal their identities. 53 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per- 54 formed and the pregnant patient is for any reason , except their status 55 as a minor, unable to give a valid consent thereto, the requirement for 6 1 that pregnant patient's consent shall be met as required by law for other med- 2 ical or surgical procedures and shall be determined in consideration of the 3 desires, interests and welfare of the pregnant patient. 4 (6) In addition ,to the requirements of subsection (1)5of this section, if the pregnant patient is unmarried and under eighteen (18)6years of age or unemancipated, the physician shall provide notice, if possi-7ble, of the pending abortion to the parents or legal guardian of the pregnant8patient at least twenty-four (24) hours prior to the performance of the abor-9tion.abortions performed upon minors shall be subject to the 10 following: 11 (a) No person shall knowingly perform an abortion upon a minor pregnant 12 woman under the age of eighteen (18) years unless: 13 (i) The attending physician has secured the informed written con- 14 sent of the minor and minor's parent or guardian; 15 (ii) The minor is emancipated and the attending physician has 16 received the informed written consent of the minor; 17 (iii) The minor has been granted the right of self-consent to the 18 abortion by court order pursuant to paragraph (b) of this subsection 19 and the attending physician has received the informed written consent 20 of the minor; or 21 (iv) The minor has been granted consent to the abortion by court 22 order, the court has given its informed written consent in accordance 23 with paragraph (b) of this subsection, and the minor is having the 24 abortion willingly, in compliance with paragraph (c) of this subsec- 25 tion. 26 (b) The right of a minor to self-consent to an abortion under paragraph 27 (a)(iii) of this subsection or court consent under paragraph (a)(iv) of 28 this subsection may be granted by a court pursuant to the following proce- 29 dures: 30 (i) The minor or prospective guardian ad litem shall petition the 31 district court for the county in which the minor resides which court 32 shall assist the minor or prospective guardian ad litem in preparing 33 the petition and notices required pursuant to this section. The minor 34 or the prospective guardian ad litem of the minor shall thereafter 35 file a petition setting forth the initials of the minor; the age of 36 the minor; the names and addresses of each parent, guardian, or, if 37 the minor's parents are deceased and no guardian has been appointed, 38 any other person standing in loco parentis of the minor; that the 39 minor has been fully informed of the risks and consequences of the 40 abortion; that the minor is of sound mind and has sufficient intel- 41 lectual capacity to consent to the abortion; that, if the court does 42 not grant the minor majority rights for the purpose of consent to the 43 abortion, the court should find that the abortion is in the best 44 interest of the minor and give judicial consent to the abortion; that 45 the court should appoint a guardian ad litem of the child; and if the 46 minor does not have private counsel, that the court should appoint 47 counsel. The petition shall be signed by the minor or the prospective 48 guardian ad litem. 49 (ii) A hearing on the merits of the petition, to be held on the 50 record, shall be held as soon as possible within five (5) days of the 51 filing of the petition. At the hearing, the court shall hear evidence 52 relating to the emotional development, maturity, intellect and under- 53 standing of the minor; the nature, possible consequences and alterna- 54 tives to abortion; and any other evidence that the court may find 55 useful in determining whether the minor should be granted majority 7 1 rights for the purpose of consenting to the abortion or whether the 2 abortion is in the best interests of the minor. 3 (iii) In the decree, the court shall for good cause: 4 (A) Grant the petition for majority rights for the purpose of 5 consenting to the abortion; 6 (B) Find the abortion to be in the best interests of the minor 7 and give judicial consent to the abortion, setting forth the 8 grounds for so finding; or 9 (C) Deny the petition, setting forth the grounds on which the 10 petition is denied. 11 (iv) An appeal from an order issued under the provisions of this 12 subsection may be taken to the Idaho supreme court of this state by 13 the minor or by a parent or guardian of the minor. The notice of 14 intent to appeal shall be given within twenty-four (24) hours from 15 the date of issuance of the order. The record on appeal shall be com- 16 pleted and the appeal shall be perfected within five (5) days from 17 the filing of notice to appeal. Because time may be of the essence 18 regarding the performance of the abortion, the courts of this state 19 shall, by court rule, provide for expedited appellate review of cases 20 appealed under this section. 21 (c) If a minor desires an abortion, then she shall be orally informed of 22 and, if possible, sign written consent required by this act, in the same 23 manner as an adult person. No abortion shall be performed on any minor 24 against her will, except that an abortion may be performed against the 25 will of a minor pursuant to court order if the abortion is necessary to 26 preserve the life of the minor. 27 (d) All records contained in court files of judicial proceedings arising 28 under the provisions of this subsection shall be confidential and exempt 29 from disclosure pursuant to section 9-340F, Idaho Code. 30(7) If any one or more the subsection or provisions of this sec-31tion, or the application thereof to any person or circumstance, shall ever be32held by any court of competent jursidiction to be invalid, the remaining pro-33visions of this section and the application thereof to persons or circum-34stances other than those to which it is held to be invalid, shall not be35affected thereby, it being the intention of the legislature to enact the36remaining provisions of this section notwithstanding such invalidity.37 SECTION 8. That Chapter 6, Title 18, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION , to be 39 known and designated as Section 18-615, Idaho Code, and to read as follows: 40 18-615. SEVERABILITY. If any one (1) or more provision, section, subsec- 41 tion, sentence, clause, phrase, or word of this act or the application thereof 42 to any person or circumstance is found to be unconstitutional, the same is 43 hereby declared to be severable and the balance of this act shall remain 44 effective notwithstanding such unconstitutionality. The legislature hereby 45 declares that it would have passed this act and each provision, section, sub- 46 section, sentence, clause, phrase or word thereof irrespective of the fact 47 that any one (1) or more provisions, sections, subsections, sentences, 48 clauses, phrases, or words be declared unconstitutional. 49 SECTION 9. That Chapter 3, Title 9, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of a NEW SECTION , to be 51 known and designated as Section 9-340E, Idaho Code, and to read as follows: 8 1 9-340E. EXEMPTION FROM DISCLOSURE -- RECORDS OF THE COURT REGARDING JUDI- 2 CIAL AUTHORIZATION OF MEDICAL PROCEDURES FOR MINORS. In accordance with sec- 3 tion 39-4303, Idaho Code, the following records are exempt from public disclo- 4 sure: records contained in court files regarding judicial authorization of 5 medical procedures for minors who would otherwise have to obtain consent for 6 the procedure from a parent or guardian. 7 SECTION 10. That Chapter 3, Title 9, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION , to be 9 known and designated as Section 9-340F, Idaho Code, and to read as follows: 10 9-340F. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD- 11 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance 12 with section 18-609(6), Idaho Code, the following records are exempt from pub- 13 lic disclosure: records contained in court files of judicial proceedings 14 regarding judicial authorization of a minor's consent to an abortion or the 15 performance of abortion procedures upon a minor who would otherwise have to 16 obtain consent for the procedure from a parent or guardian.
STATEMENT OF PURPOSE
RS07995
The purpose of this legislation is to provide for parental
involvement in the medical decisions of their minor children and to
provide for a judicial bypass in those circumstances where obtaining
parental consent would be an undue burden on the minor child.
None.
CONTACT: Mike Simpson 332-llll
Nancy Bloomer 336-5900
STATEMENT OF PURPOSE/ FISCAL NOTE
FISCAL NOTE
Bill No. H 651