A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Hospitals must obtain written consent for pelvic and similar exams.
Centers for Medicare & Medicaid Services (CMS) recently announced new guidance for hospitals informed consent guidelines. Based on increasing concerns about the absence of informed patient consent prior to allowing practitioners or supervised medical, advanced practice provider, or other applicable students to perform training- and education-related examinations outside the medically necessary procedure (such as breast, pelvic, prostate, and rectal examinations), particularly on anesthetized patients, we are reinforcing hospitals’ informed consent obligations. CMS requires hospitals to first obtain and document informed consent from patients before performing sensitive examinations in all circumstances. Informed consent includes the right to refuse consent for sensitive...
Bill Limiting Minor Medical Consent and Privacy Passed by Idaho Legislature
The “Parental Rights in Medical Decision-Making” Act was delivered to Governor Little on March 15, 2024. In the absence of a veto, it will go into effect on July 1, 2024 as an emergency provision. Minors (of specified ages) in Idaho have long held the right to consent to certain types of medical care, including certain types of behavioral health care, substance abuse disorder treatment, family planning, and some communicable diseases including sexually transmitted infections (STIs). As an extension of this right to consent to care, minors also had a right to confidentiality of information pertaining to care and treatment...
Update on EMTALA protections for medically necessary abortions in Idaho
There have been several recent developments in Idaho with regard to EMTALA protections for medically necessary abortions. First, on September 28th the Ninth Circuit Court of Appeals removed the injunction that allowed physicians in Idaho to perform abortion as part of medically necessary stabilizing care under the Emergency Medicine and Active Labor Act (EMTALA). As previously reported, after Idaho prohibited abortion in August 2022, the federal government sued Idaho under the premise that EMTALA preempted state law in cases of emergency. The federal district court issued a preliminary injunction in that case; the injunction essentially created a requirement for physicians...
The Idaho legislature passed several bills impacting Idaho physicians. For a complete list of new healthcare laws, please see the Idaho Medical Association advocacy page. All laws are effective July 1, 2023 unless otherwise noted. Telehealth/Virtual Care Virtual Care Access Act (H 162): This Act clarifies virtual care practice requirements and addresses requirements for out-of-state providers treating patients via virtual care while the patient is located in Idaho. Mental, behavioral telehealth (H 61): House Bill 61 provides that a licensed mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or...
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