TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 24

CHILDREN’S MENTAL HEALTH SERVICES

16-2423.  Informed consent to medication or other treatment — Persons subject to involuntary or emergency treatment. (1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the treatment facility may administer necessary medications or other treatments, except for electroconvulsive treatments, to a child, consistent with good medical practice without the informed consent of the parent of the child, if it is not possible to obtain such consent.

(2)  Notwithstanding subsection (1) of this section, a treatment facility shall not administer experimental treatment or any other special therapy except as provided by law or in rules promulgated by the department.

(3)  No psychosurgery or electroconvulsive treatment shall be performed on a child, except by order of a court upon a finding that the treatment is necessary to prevent serious harm to the child. Consent of the parent of a child to this treatment without a court order shall be invalid and shall not be a defense against any legal action that might be brought against the provider of the treatment.

(4)  Consent for other medical/surgical treatments not intended primarily to treat a child’s serious emotional disturbance shall be obtained in accordance with the applicable law.

History:

[16-2423, added 1997, ch. 404, sec. 1, p. 1294; am. 2005, ch. 307, sec. 7, p. 959.]