Idaho’s new parental consent legislation
Effective July 1, 2024, Idaho passed a new law requiring parental consent for all medical services given to
youth under 18. The passage of this law repeals current Idaho code that protects the privacy of
young people through medical disclosure regulations for youth ages 14 to 18. This law does not apply to emancipated minors.
Under this new law, minors must now have parental consent for access to contraceptives, mental health care, treatment for drug abuse, and treatment for infectious disease, including sexually transmitted illnesses.
Under the new law, healthcare providers can only preserve patient confidentiality when:
- A patient is at risk of death or “imminent, irreparable physical injury”
- A court has prohibited parental access to medical records, or
- A parent is being investigated for a crime against their child
This means that parents have the right to access health information held by health care providers or governmental entities for their children under the age of 18. Previously, access could be limited after age 14.
BCH understands that it is often hard for parents to bring their teenage children to all their appointments. We are adopting a “Blanket Consent for Treatment for Unemancipated Minor” form to ensure compliance with this law, but also gives parents the opportunity to allow their children to come in for certain health care services without them present. This proactive step can help facilitate uninterrupted care for your child. This form also needs to be completed annually.
Both forms are available at Benewah Community Hospital and St. Maries Family Medicine, as well as on our website: https://www.bchmed.org/st-maries-family-medicine-clinic/. Written consent can be submitted during your child’s appointment check-in or in advance.
Only in extreme situations when giving written consent will not be possible in time to provide needed care, the health care provider can accept and document a verbal consent from the parent.
