IdahoProviders generally need parents’ consent to treat children under 18
Idaho’s law generally requires providers to get a parent’s informed consent before giving care to a child under 18, with exceptions for emergencies and other listed situations.
What it does
Health care providers generally must get a parent’s informed consent before providing or arranging care for a child under 18. Exceptions include emergencies, first aid, and certain crisis services.
A parent may bring a claim or raise a defense if someone violates these medical decision rights. A successful parent may receive court orders, compensation, and legal fees.
Parents may request health information about their minor child from a provider or government body that holds it, with exceptions for court orders and certain abuse or crime investigations.
Argument forParents may be better able to guide their child’s care because providers generally need informed consent, which a parent can withdraw.
Argument againstA child might wait for care if a provider cannot reach a parent and delay does not seriously endanger the child’s life or health.
More detail
Health care providers generally must get a parent’s informed consent before providing or arranging care for a minor. This applies to children under 18 who are not emancipated and to parents with legal custody. Exceptions include emergencies, first aid, time-sensitive care related to a crime of physical violence against the child, and immediate crisis services through Idaho’s 988 hotline. A provider may offer pregnancy testing and prenatal or peripartum care without consent under this section, but that exception does not include abortion or helping arrange one. Parents may give written blanket consent and withdraw it at any time. A school may not require or pressure a parent to sign.
A parent may bring a claim or raise a defense over a violation of these medical decision rights. A parent may bring a claim against an individual, health care provider, or government body for a violation of this section. A parent who succeeds may receive court orders, compensation, legal fees, and other relief allowed by law. A civil case must begin within two years after the harm occurred. A civil case must begin within two years after the harm occurred.
A parent may request health information about their minor child from a provider or government body that holds it. This applies to health information held by a health care provider or government body and requested by the child’s parent. Access is not required when a court order bars it, the record concerns abuse, abandonment, or neglect by the parent, or law enforcement asks that it be withheld while the parent is under investigation for a crime against the child.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 1Reported Signed by Governor Brad Little on March 31, 2026 Session Law Chapter 245 Effective: 03/31/2026Became Law
- Mar 30Delivered to Governor at 12:31 p.m. on March 30, 2026To Governor
- Mar 30Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Mar 30Signed by President; returned to HouseMajor
- Mar 30Received from the House enrolled/signed by SpeakerMajor
- Mar 27Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 26Rules Suspended: Ayes 65 Nays 0 Abs/Excd 5, read in full as required – PASSED - 65-0-5AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Dygert, Egbert, Ehardt, Ehlers, Erickson, Furniss, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – Crane(13), Fuhriman, Galaviz, Palmer, RubelFloor Sponsor - EhardtTitle apvd - to enrolMajor
- Vote recorded Rules Suspended: Ayes 65 Nays 0 Abs/Excd 5, read in full as required –. Result: pass.Lower
- Mar 26Read first time as amended in Senate; Filed for Second Reading
- Mar 26Reported Engrossed; Filed for First Reading of Engrossed Bills
- Mar 25Bills as Amended Referred to JRA for Engrossing
- Mar 25Returned from the Senate Amended; Held at Desk
- Mar 25House Concurred in Senate Amendments
- Mar 25Returned from the Senate Amended; Held at Desk
- Mar 24Rules Suspended (2/3 Vote - Read in full as required) – Read third time as amended in the Senate – PASSED - 34-0-1AYES – Adams, Anthon, Bernt, Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – Bjerke(Bjerke)Floor Sponsor - AnthonTitle apvd - to HousePassed 2nd Chamber
- Vote recorded Rules Suspended (2/3 Vote Read in full as required) – Read third time as amended in the Senate –. Result: pass.Upper
- Mar 24Read second time as amended in the Senate, filed for Third ReadingMinor
- Mar 23Read first time as amended in the Senate; Filed for Second Reading
- Mar 23Amendments reported printed
- Mar 20Reported out as amended; filed for first reading
- Mar 20Amendments ordered printed
- Mar 20Placed in the Committee of the Whole
- Mar 18Reported out of committee; to 14th Order for amendment
- Mar 17Introduced, read first time; referred to: State AffairsMinor
- Mar 17Received from the House passed; filed for first reading
- Mar 16Read Third Time in Full – PASSED - 68-0-2AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson(Larsen), Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug(Chadwick), Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – Haws, MickelsenFloor Sponsor - EhardtTitle apvd - to SenatePassed 1st Chamber
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Mar 13Read second time; Filed for Third ReadingMinor
- Mar 12Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 10Reported Printed and Referred to Judiciary, Rules & Administration
- Mar 10Introduced, read first time, referred to JRA for PrintingIntroduced
HealthcareMental Health