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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
DOMESTIC RELATIONS
CHAPTER 10
PARENT AND CHILD
32-1015. parental rights in medical decision-making. (1) As used in this section:
(a) "Governmental entity" means the state and its political subdivisions.
(b) "Health care provider" means:
(i) A physician, health care practitioner, or other individual licensed, accredited, or certified to perform health care services or provide counseling consistent with state law, or any agent or third-party representative thereof; or
(ii) A health care facility or its agent.
(c) "Health care service" means a service for the diagnosis, screening, examination, prevention, treatment, cure, care, or relief of any physical or mental health condition, illness, injury, defect, or disease.
(d) "Health information" means information or data, collected or recorded in any form or medium, and personal facts of information about events or relationships that relates to:
(i) The past, present, or future physical, mental, or behavioral health or condition of an individual or member of the individual’s family;
(ii) The provision of health care services to an individual; or
(iii) Payment for the provision of health care services to an individual.
(e) "Minor child" means an individual under eighteen (18) years of age but does not include an individual who is an emancipated minor.
(f) "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right and authority over the welfare of a child under state law.
(2) Parents who have legal custody of any minor child have the fundamental right and duty to make decisions concerning the furnishing of health care services to the minor child.
(3) Except as otherwise provided by this section or court order, an individual, health care provider, or governmental entity shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the informed consent of the minor child’s parent. When interpreting this subsection:
(a) No individual acting reasonably under the circumstances shall be found in violation of this subsection by furnishing nonemergency first aid services and care to a minor child appearing or represented to be sick or injured. Such services and care may include dressing minor wounds, applying topical agents, providing fluids or ice, and performing checks to identify minor illnesses; and
(b) This subsection shall not be construed to invalidate any protections or immunities granted to any individual administering first aid services and care pursuant to any provision of Idaho Code.
(4) Subsection (3) of this section shall not apply, and a health care provider may authorize or furnish a health care service without obtaining the informed consent of the minor child’s parent, if:
(a)(i) A parent of the minor child has given blanket consent authorizing the health care provider to furnish the health care service, provided that:
1. Such consent must be in writing on a form provided by the health care provider. The form shall be titled "Blanket Consent Form for Health Care Services for Minor." The title must be in bold, 30-point font. On the first page, the form shall state in bold, 24-point font: "Providing blanket consent is optional and may, instead, be given on a case-by-case basis. Blanket consent may be withdrawn by a parent at any time.";
2. No parent shall be required or pressured to sign a blanket consent form as a condition of the minor child enrolling in public school or participating in any school-sponsored activity; and
3. A parent may revoke consent to furnish any further health care service to a minor child at any time.
(ii) A blanket consent written by a parent or guardian for the child shall be valid if signed by the parent or guardian even though it does not meet the requirements of paragraph (a)(i) of this subsection.
(b) The health care provider reasonably determines that a medical emergency exists and:
(i) Furnishing the health care service is necessary in order to prevent death or address a serious bodily harm to the minor child; or
(ii) After a reasonably diligent effort, the health care provider cannot locate or contact a parent of the minor child and the health care service is furnished to prevent loss of life or serious physical illness or injury to the minor child;
(c) A minor child is seeking health care or medical treatment that is directly related to an allegation of a crime of physical violence against the minor child or to collect evidence related to such crime when the collection of such evidence is time-sensitive;
(d) The service is limited to nonemergency first aid services and care to a minor appearing or represented to be sick or injured;
(e) A minor child utilizes the 988 Idaho crisis and suicide hotline and receives immediate crisis and suicide prevention services. If the Idaho crisis and suicide hotline determines that the minor child is experiencing suicidal ideation, it may offer and conduct a follow-up call within forty-eight (48) hours solely for the purposes of reassessing safety, reviewing the safety plan, and encouraging communication with the child’s parent or guardian; or
(f) The health care provider is furnishing the health care service for the purpose of detecting or diagnosing pregnancy or providing prenatal or peripartum care, which shall not include abortion or performing or facilitating an abortion as that term is defined in section 18-8702, Idaho Code.
(5) Nothing in this section or any other provision of Idaho Code shall prevent a health care provider from screening and treating a newborn infant for illegal drugs or substances if a reasonable suspicion suggests their presence, provided that the results of the test or the fact of treatment may not be used against the parent in any criminal proceeding.
(6) No health care provider or governmental entity shall deny a minor child’s parent access to health information that is:
(a) In such health care provider’s or governmental entity’s control; and
(b) Requested by the minor child’s parent.
(7) Subsection (6) of this section shall not apply if:
(a) The parent’s access to the requested health information is prohibited by a court order;
(b) The health information is a record that relates to physical abuse, abandonment, or neglect by the parent, as provided in section 33-6001(3), Idaho Code; or
(c) The parent is a subject of an investigation related to a crime committed against the child, and a law enforcement officer requests that the information not be released to the parent.
(8) This section shall be construed in favor of a broad protection of parents’ fundamental right to make decisions concerning the furnishing of health care services to minor children.
(9) This section does not make legal and in no way condones any abuse, abandonment, or neglect, including any act or omission described in section 16-1602, Idaho Code.
(10) This section does not make legal and in no way condones euthanasia, mercy killing, or assisted suicide, or permit an affirmative or deliberate act or omission to end life, including any act or omission described in section 18-4017, Idaho Code, other than to allow the natural process of dying.
(11) If a minor child does not have an affirmative right of access to a specific treatment, service, or procedure, this section shall not be construed to grant the parent a right to access such treatment, service, or procedure.
(12) This section shall not be construed to prohibit a court from issuing an order that is otherwise permitted by law.
(13)(a) Subject to the limitations of chapter 9, title 6, Idaho Code, any parent who is deprived of a right as a result of a violation of this section shall have a private right of action against the individual, health care provider, or governmental entity.
(b) A parent may raise this section as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, any private person, or any other party.
(c) A parent who successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorney’s fees, and any other relief available under law.
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