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UPDATE: 3/21/2024 - S 1329 was enacted and signed by Governor Brad Little on 3/21/2024. Effective on 7/1/2024; Chapter 148. The governor's letter of transmittal to the President of the Senate is HERE.
UPDATE: 3/14/2024 - S 1329 was enrolled and sent to the Governor on 3/14/2024.
UPDATE: 3/13/2024 - S 1329 passed the full House by a vote of 59 Ayes, 11 Nays, on 3/13/2024.
UPDATE: 3/6/2024 - S 1329 was reported with "Do Pass" recommendation in the House Judiciary, Rules, and Administration Committee on 3/6/2024.
UPDATE: 2/28/2024 - S 1329 was referred to the House Judiciary, Rules, and Administration Committee on 2/28/2024.
UPDATE: 2/27/2024 - S 1329 passed the full Senate by a vote of 27 Ayes, 7 Nays, 1 Absent/Excused, on 2/27/2024.
UPDATE: 2/22/2024 - S 1329 was reported with "Do Pass" recommendation in the Senate Judiciary and Rules Committee on 2/22/2024.
UPDATE: 2/13/2024 - S 1329 was referred to the Senate Judiciary and Rules Committee on 2/13/2024.
S 1329 was introduced in the Senate on 2/12/2024. This bill is sponsored by the Senate State Affairs Committee.
S 1329 requires Idaho health care providers to obtain parental consent to treat unemancipated minors under eighteen (18) years old, or face civil liability except in medical emergencies, cases of abuse or neglect, or court ordered restrictions. These new restrictions will not apply if parents have provided “blanket consent” authorizing the health
care services. In addition, parents will have a right to access the medical records of their minor children subject to very limited exceptions.
S 1329 "Statement of Purpose" declares that this Act is intended to supersede any current provisions of Idaho law that may otherwise conflict with the Act. This prevailing clause will effectively void Idaho Code §39-3801 allowing a minor fourteen (14) years of age or older to give consent to vaccination without parental consent if they came into contact with any infectious, contagious, or communicable disease.
SECTION 1. of S 1329 amends Idaho Code Chapter 10 of Title 32, related to domestic relations of parent and child, to add a new section to be numbered §32.1015, summarized as follows:
§32-1015 "Parental Rights in Medical Decision-Making" (1) provides definitions.
(2) Establishes that parents have the fundamental right and duty to make decisions concerning the health care services for their child.
(3) Prohibits an individual from furnishing a health care service or solicit to furnish a health care service to a child without obtaining prior parental consent.
(4) Excepts several conditions for which obtaining prior informed consent from a child's parent is not necessary, including (a) if the parent has given blanket consent to a health care provider; and (b) the health care provider determines a medical emergency exists and (i) health care services are necessary to prevent imminent death or irreparable harm to the child or (ii) diligent effort was made to locate the parent and obtain consent.
(5) Prohibits a health care provider or governmental entity from denying a minor child's parent access to health information that is in the health care provider's or governmental entity's control and is requested by the parent, with some exceptions.
(6) The following exceptions do not apply to subsection (5): (a) the parent's access to the health information is prohibited by a court order; or (b) the parent is a subject of an investigation related to a crime committed against the child and law enforcement requests that the information be kept from the parent.
(7) Requires that this section be construed in favor of broad protection of parents' fundamental right to make health care decisions for their children.
(8) This section does not condone abuse of a child.
(9) This section does not condone any sort of euthanasia, mercy killing, or assisted suicide of a child.
(10) This section does not give a child access to a specific treatment, service, or procedure they do not have an affirmative right to in existing law.
(11) This section does not prohibit a court from issuing an order that is otherwise permitted by law.
(12) (a) Provides a course of action against a health care provider or governmental entity for any parent who is deprived of a right as a result of a violation of this section, subject to limitations of Chapter 9, Title 6 of Idaho Code. (b) Provides for a parent to use this section as a legal defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, any private person, or any other party. (c) Establishes declaratory relief, injunctive relief, compensatory damages, reasonable attorney's fees, and any other relief available under law as an option for a parent who successfully asserts a claim or defense under this section. (d) Sets a statute of limitations of two years after the harm occurred for all civil actions to be initiated under this section.
SECTION 2. of S 1329 declares an emergency existing and thereby this act shall be in full force and effect on and after July 1, 2024.
NVIC SUPPORTS S 1329 because it provides protection to a minor child from receiving a vaccination and other medical procedures without parental consent. Vaccination decisions should be left to the minor's parent or guardian who best understands the child's medical history, family medical history, and any religious or conscientious objections to vaccination. Minors may not be fully informed of the risks and benefits of a vaccine in order to give informed consent. Additionally, a minor may be more susceptible to coercion or pressure to vaccinate simply because a healthcare provider recommends a vaccine. NVIC also supports this bill because it allows for civil penalties for a health care provider or governmental entity vaccinating a minor without prior informed consent through written documentation by the minor's parent. This adds another layer of protection against unauthorized vaccination of a minor. NVIC supports informed consent for all individuals, which includes the right to refuse a vaccine for themselves or their minor child. All vaccines are pharmaceutical products that carry a risk of injury or even death. As of May 1, 2024, the United States Government has paid out more than $5.2 billion dollars to vaccine victims through the National Vaccine Injury Compensation Program (VICP). As of May 29, 2024, 47,847 deaths and 2,602,082 adverse events were reported to the US government's Vaccine Adverse Events Reporting System (VAERS).
https://legislature.idaho.gov/sessioninfo/2024/legislation/S1329/ - text, status, and history S 1329
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