During Idaho’s 2024 legislative session, Senate Bill 1329 passed and Governor Brad Little signed it into law. The bill will be effective July 1, 2024.
S.B. 1329 amends the domestic relations code by adding a new section designated as Idaho Code Section 32-1015, Parental Rights in Medical Decision-Making. The new law is intended to strengthen a parent’s fundamental rights to make decisions with respect to his or her minor children’s healthcare.
Key Aspects of Senate Bill 1329
The Act states that “except as otherwise provided by court order, an individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the prior consent of the minor child’s parent.” In addition to a court order, the Act sets forth the following two exceptions:
- When a parent has given blanket consent authorizing the healthcare provider to provide healthcare services to the minor child; or
- When the healthcare provider reasonably determines that there is a medical emergency and
- Providing the healthcare service(s) is necessary to avoid death or imminent and irreparable physical injury to the child; or
- The healthcare provider is unable to locate or contact a parent of the minor child and not providing the necessary healthcare services would result in the minor child’s life being seriously endangered by further delay.
In addition, with certain limited exceptions, the Act states that “no healthcare 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.”
Finally, the Act provides that “any parent who is deprived of a right as a result of a violation of this {Act} shall have a private right of action against the individual, health care provider, or governmental entity.”
Impact and Next Steps
Some commentators have suggested that the Act conflicts with and repealed by implication other statutory provisions that allow healthcare providers to treat minors without parental consent such as: emergency circumstances, emancipation, STI testing, contraceptives, and blood donations). At this point in time, for multiple technical and legal reasons beyond the scope of this blog, without further clarification and direction from the Idaho Legislature or the courts, it is premature to assume these statutes have been repealed by implication.
Subject to further clarification and developments, the conservative approach is for healthcare providers to obtain parental consent prior to performing any healthcare related services to a minor child unless one of the Act’s three exceptions applies. While not definitively repealed, we do not recommend at this time relying solely on the other statutory provisions that grant minors the ability to consent; this, however, is obviously a developing area of the law.
Smith + Malek is here to help alleviate the confusion surrounding Senate Bill 1329. Please reach out if you have any questions, or seek additional guidance on this matter.