Idaho’s Bill 1329 to Set New Parental Rights in Medical Decision-Making

Idaho’s Bill 1329 to Set New Parental Rights in Medical Decision-Making

Idaho’s State bill 1329 is slated to take effect on July 1, 2024, and has sparked a controversy across the state. The bill has provided for proposed amendment to the Idaho Code by inserting a new Section 32-1015 to Chapter 10, Title 32 of the Idaho Code, which deals with parents’ right in medical decision of the minors.

Under the current legislation, any minor above 14 years of age can consent to their own treatment for all diseases including STDs without informing their parent or guardian.[1] The new section stipulates that the parents have a fundamental right[2] and duty to make decisions concerning the provision of health care services to their minor child. Therefore, according to the new section, parents’ consent is necessary for treatment of all unemancipated minors.

Presently, the Code of Federal Regulation deals with the individual’s access to protected health information, where the consent of such individual is necessary for obtaining confidential medical records from the provider.[3] The general rules relating to disclosure of protected health information allows the provider to disclose such information to the parent, guardian, or other person acting in loco parentis[4].

In Meridian Health Servs. Corp. v. Bell, 61 N.E.3d 348, 355 (Ind. App. 2016), Indiana court of appeals discussed the federal legislation and observed, “A health care provider is specifically permitted to disclose protected health information to “the individual” receiving health care, 45 C.F.R. § 164.502(a)(1)(i), or to a “personal representative” of the individual, 45 C.F.R. § 164.502(g)(1). A “personal representative” includes a parent who has authority under applicable law to act on behalf of an unemancipated minor in making decisions related to health care. 45 C.F.R. § 164.502(g)(3)(i).”

The present legislation also has safeguards for the protection of the minor and the disclosure of information is prohibited when, in the professional opinion of the provider, minor has been or may be subjected to domestic violence, abuse, neglect or if the disclosure of such information will endanger the child.[5]

The Supreme court of New Hampshire Hillsborough- Northern Judicial District reaffirmed the scope of such restrictions In The Matter of Berg Berg, 152 N.H. 658(N.H. 2005) observing, “Section 164.502(g) permits the health care provider to withhold information from a parent, even where the disclosure of such information is not prohibited by state law, if the health care provider, “in the exercise of professional judgment, decides that it is not in the best interest of the health care recipient to treat the parent as the health care recipient’s personal representative.” Id. § 164.502(g)(5). Therefore, section 164.502(g) of the HIPAA Privacy Rules does not create an absolute right in the father to access his children’s therapy records.”

However, under the new regime, the consent of the parent/guardian is required to access the past and present medical history of the child.[6] This not only gives parent an unrestricted right but also curtails the right of the child to access their own records. The safeguards provided under the new amendment to Idaho Code are bleaker than the federal regulations and the provider can only deny supplying such records when such disclosure is prohibited by an order of the court or when a criminal investigation has been initiated against the parent for crime against the child.[7] Furthermore, there is an added compensation to the parent in case the provider fails to disclose such information without any cause.[8]

The new amendment also supersedes all other legislation that are in contradiction to any provision,[9] thus negating the effect of the federal legislations.

However, such provision can have a negative affect and prevent teenagers for seeking medical care as disclosure of confidential healthcare records which might involve sexual history, can adversely affect the relationship of teenagers with their parents and thus prevent them from seeking medical care. Further, this could also be an issue where teenagers are already facing domestic violence at their household.

[1] I.C. § 39-3801.

[2] I.C. § 32-1015 (2)

[3] 45 CFR § 164.524 

[4] 45 CFR § 164.502

[5] 45 CFR § 164.502(g)(5)

[6] 45 CFR § 164.524 (3)

[7] I.C. § 32-1015 (6)

[8] I.C. § 32-1015 (12)

[9] Statement of Purpose, State Bill 1329, Idaho