Bill Description: Senate Bill 1329 would protect parents' right to make health care decisions for their children and guarantee their access to their children's medical records. 

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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1329 would create Section 32-1015, Idaho Code, titled Parental Rights In Medical Decision-Making. The law would recognize that "parents have the fundamental right and duty to make decisions concerning the furnishing of health care services to the minor child."

It says, "Except as otherwise provided by court order, an individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the prior consent of the minor child's parent."

It creates an exception for a "medical emergency" where "furnishing the health care service is necessary in order to prevent death or imminent, irreparable physical injury to the minor child." There is also an exception for cases where "after a reasonably diligent effort, the health care provider cannot locate or contact a parent of the minor child and the minor child's life or health would be seriously endangered by further delay in the furnishing of health care services."

It further clarifies that "this section shall be construed in favor of a broad protection of parents' fundamental right to make decisions concerning the furnishing of health care services to minor children."

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The bill also guarantees parents’ access to their minor children's medical records, saying, "No health care provider or governmental entity shall deny a minor child's parent access to health information that is in such health care provider's or governmental entity's control and requested by the minor child's parent."

It creates an exception for cases where a "parent's access to the requested health information is prohibited by a court order" or "the parent is a subject of an investigation related to a crime committed against the child, and a law enforcement officer requests that the information not be released to the parent."

Both of the protections discussed above are given some teeth by allowing that "subject to the limitations of chapter 9, title 6, Idaho Code, any parent who is deprived of a right as a result of a violation of this section shall have a private right of action against the individual, health care provider, or governmental entity."

It also says, "A parent who successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorney's fees, and any other relief available under law."

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