2024 New Law Alert: Idaho
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A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare.
All new laws are effective July 1, 2024 unless noted otherwise.
CONSENT
Minor Consent:
As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right to consent or access records is violated. Importantly, under the new law, a parent/guardian is permitted to give a “blanket” consent to treat the minor patient.
MIEC recommends: Have a conversation with parents/guardians about the health benefits of providing minor patients confidentiality with respect to certain types of care and treatment, as has long been asserted by both AAP and ACOG. Obtain broad consent from parents to provide the types of care and treatment that minors previously had the legal right to consent to (STI testing, certain mental health and substance use disorder treatment, etc.) Ensure that minor patients are aware that their parent/guardian still has the right to access medical records regarding this care and treatment. For more information and guidance, including how this new law interacts with HIPAA and Title X regulations, please see this article by attorney Kim Stanger, Esq.
Pelvic Exams:
Effective immediately, HB 526 requires patient consent for pelvic examinations under anesthesia. Patients must give specific informed consent for pelvic examination to occur under anesthesia unless the examination is necessary for diagnostic or treatment purposes.
MIEC recommends: For any pelvic examinations to be performed solely for training or educational purposes, conduct a verbal informed consent discussion with patients and emphasize that declining examination will not otherwise affect a patient’s care. Develop a detailed consent form that mirrors the informed consent discussion, and have patients sign the form to indicate their agreement. Although not expressly required, for clinical procedures in which pelvic examination under anesthesia is anticipated as a medical necessity, consider advising patients of this possibility verbally and/or on any consent forms.
Electroconvulsive Therapy:
Existing law allows a voluntary treatment facility to administer treatments to a minor absent parental consent in certain circumstances. SB 1354 clarifies that parental informed consent is required for the provision of electroconvulsive therapy to a minor in a voluntary treatment facility. It further provides that ECT may be administered to a child 14 or older only if:
- There is informed consent provided by the custodial parent/guardian, and reasonable attempts have been made to contact any non-custodial parent with all information regarding the proposed therapy;
- The child does not object to the procedure after being informed of the proposed therapy and alternatives;
- All other accepted methods of treatment have been exhausted, or such treatment is necessary to save the child’s life or prevent irreparable injury;
- The child has received thorough, independent psychiatric assessments by, and approval for the therapy from two separate Board-certified psychiatrists specializing in child and adolescent psychiatry, at least one of whom demonstrates advanced certification in ECT.
- The child is given a cognitive assessment that includes an assessment of memory before therapy, immediately after therapy, and three to six months post-administration of the therapy.
MATERNAL HEALTH
Maternal Mortality:
HB 399 reinstated the Maternal Mortality Review Committee, now under the auspices of the Board of Medicine. The Committee will collect and review data concerning maternal mortality and will produce an annual summary of its findings.
Extended Coverage for Prescription Contraception:
SB 1234 requires insurance providers to extend access of prescription contraception, allowing enrollees to receive up to a six-month supply of prescribed contraceptives.
Extended Postpartum Medicaid Coverage:
HB 633 provides that Medicaid eligibility is extended for twelve months postpartum to individuals who, while pregnant, are eligible for and receive Medicaid.
SEX AND GENDER
Legal Redefinition of “Sex”:
HB 421 defines “sex” in the Idaho code as “an individual’s biological sex, either male or female” and gender as a synonym for the definition of sex.
Prohibition of Public Funds for Gender Affirming Care:
HB 668 prohibits any public funds, including Medicaid reimbursement, for the provision of gender-affirming care for minors and adults.
IMMUNIZATIONS
Mandatory Vaccination:
HB 597 provides an exemption to students who are 18 or older from “any and all” school immunization requirements at every “public, private or parochial school in this state.” Furthermore, it prohibits colleges and universities from requiring vaccination status or the disclosure of confidential medical information as conditions of enrollment or attendance.