Consent for Treatment of Minors in Idaho

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By Kim Stanger

In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances.1

General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth the general standard for determining whether a person is competent to consent to their own healthcare:

Any person … who comprehends the need for, the nature of and the significant risks ordinarily inherent in any contemplated health care services is competent to consent thereto on his or her own behalf.

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The Idaho Medical Consent Act: Recent Amendments

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By Kim Stanger

The Idaho legislature has amended Idaho’s Medical Consent Act.  The redlined changes are shown here.  Effective July 1, 2023, the rules for medical consents in Idaho are as follows:

1. Need for Informed Consent. As a general rule, a healthcare provider or entity must have informed consent from a competent patient or their authorized surrogate decision-maker to provide healthcare. Failure to obtain sufficiently informed consent may subject the provider to liability for civil, administrative, and potentially criminal penalties.  In addition to malpractice, assault, or other common causes of action, Idaho recognizes a specific tort cause of action for lack of informed consent.1 Read more

Idaho’s Amended Abortion Laws: Summary and Updated FAQs

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By Kim Stanger

The Idaho legislature has amended Idaho’s abortion laws. This health law update briefly summarizes key changes and updates our FAQs to address the new developments.

Total Abortion Ban. The Idaho legislature addressed some of the concerns by providers but declined to add an exception based on the health of the mother. As amended effective July 1, 2023, Read more

Idaho’s New Virtual Care [Telehealth] Access Act

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By Kim Stanger

Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below. Read more

Idaho Abortion Laws: Updated FAQs

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By Kim Stanger

On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near-total abortion ban (I.C. § 18-622), Idaho’s fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. § 18-8804), and Idaho’s Texas-style civil liability statute (I.C. § 18-8807).1 Anyone who performs an abortion of a clinically diagnosable pregnancy is guilty of a felony unless the abortion is necessary to save the life of the pregnant woman or in the case of rape or incest.2 The total abortion ban is currently subject to an important exception: on August 24, 2022, the United States District Court of Idaho entered a preliminary injunction blocking enforcement of the total abortion ban in cases in which the Emergency Medical Transport and Active Labor Act (EMTALA) would require hospital-affiliated providers to perform an abortion to protect the health of the mother.3 Given these developments, we have updated our answers to common questions concerning Idaho’s abortion laws. Read more