§ 39-4516 — LIFE-SUSTAINING TREATMENT FOR UNEMANCIPATED MINORS

Idaho § 39-4516

• Jurisdiction: Idaho
• Title 39: HEALTH AND SAFETY
• Ch. 45: THE MEDICAL CONSENT AND NATURAL DEATH ACT

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(1) This section shall be known and may be cited as "Simon’s Law."
(2) As used in this section:
(a) "Order not to resuscitate" means a licensed independent practitioner’s order that resuscitative measures shall not be provided to a person under a licensed independent practitioner’s care in the event the person is found to have cardiopulmonary cessation. Order not to resuscitate shall include but is not limited to orders written as "do not resuscitate," "do not allow resuscitation," "do not allow resuscitative measures," "DNAR," "DNR," "allow natural death," or "AND";
(b) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent licensed independent practitioner who is knowledgeable about a patient’s case and the treatment possibilities with respect to the medical conditions involved; and
(c) "Unemancipated minor" means a minor who is not married or is not in active military service.
(3) An order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, and a similar licensed independent practitioner’s order shall not be instituted, either orally or in writing, unless at least one (1) parent or legal guardian of an unemancipated minor who is a patient or resident of a hospital or health care facility under whose care the unemancipated minor has been admitted has first been notified of the licensed independent practitioner’s intent to institute such an order, and reasonable attempts have been made to notify any other parent or legal guardian, provided such parent or guardian is reasonably available and has custodial or visitation rights. Such notification must be provided both orally and in writing to at least one (1) parent or legal guardian of the unemancipated minor patient unless, in the licensed independent practitioner’s reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Such notification must also include informing the parent or legal guardian of the forty-eight (48) hour provision in subsection (5) of this section. Unless the parent or legal guardian agrees with the implementation of the following orders, an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner’s order shall not be instituted, either orally or in writing, until at least forty-eight (48) hours after oral and written notice have been provided to at least one (1) parent or legal guardian in accordance with this section. The provision of such notification must be contemporaneously recorded in the patient’s medical record, specifying by whom and to whom the notification was given, the date and time of its provision, and whether it was provided in writing as well. When only one (1) parent or guardian has been notified, the nature of reasonable attempts to inform another parent or guardian, or the reason why such attempts were not made, must also be contemporaneously recorded in the unemancipated minor patient’s medical record.
(4) The requirements of subsection (3) of this section shall not apply after seventy-two (72) hours of diligent efforts have been made by the health care provider, without success, to contact and notify at least one (1) known parent or legal guardian of the unemancipated minor patient of the intent to implement an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner’s order.
(5) Within forty-eight (48) hours of being notified of the intent to institute an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner’s order according to subsection (3) of this section, a parent or legal guardian shall be entitled to request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining treatment and life-sustaining artificial nutrition and hydration for a minimum of fifteen (15) days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility’s duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts.
(6) If a transfer cannot be arranged and executed within fifteen (15) days from the parent’s or guardian’s request to transfer, an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner’s order may be instituted.
(7) Nothing in this section shall be construed to limit the rights pursuant to section 39-4503, 39-4504, 39-4509, or 39-4510, Idaho Code.

Legislative History

[39-4516, added 2020, ch. 337, sec. 1, p. 980; am. 2023, ch. 307, sec. 21, p. 935.]