BOISE, Idaho — In an effort to keep medical providers from performing medical procedures on kids without their parent's permission, Senate Bill 1329 is having a cascading effect.
The law covers a wide range of medical rights, including behavioral health and sexual assault, which KTVB covered Wednesday.
That story had Debby in Boise asking, "#208 are you aware what schools did? The nurse can't help children with Band-Aids, Ice packs…not without parent consent. What the heck."
Idaho code describes "health care service" as a service for "diagnosis, screening, examination, prevention, treatment, cure, care, or relief of any physical or mental health condition, illness, injury, defect, or disease."
It's a bit broad, which is why different school districts are interpreting the law differently.
Debbie was right for Boise.
Boise School District sent out a letter to parents about their updated parental consent policy saying, "The new law now requires parental consent before non-life threatening medical services."
The list included Band-Aids, routine first aid, over-the-counter headache medications, and mental health check-ins.
They cannot be provided to a student without an consent form from a parent.
Now schools have to make sure a consent form is signed before they can do anything.
While the Boise school district said they aren't a health care provider and don't diagnose medical conditions, they do provide services that are restricted by the new law.
According to the statue, it states that any time an individual provides a health care service, like examinations and care, parental consent must first be received.
It's broad, but can prevent schools from doing anything, like giving the 'treatment' of a Band-Aid to an 'injury.'
A one time waiver to start the school year works and waivers for parents to sign like this are not new, but because of the new law, It has schools taking additional steps to make sure they aren't breaking the law.
It applies to all students 18 and under.
Boise School District sent an email to parents about the adjustments because of the new law.
The district also sent us a statement about what they are telling staff that states, "If a child requires non-life threatening medical care, or mental health treatment, and no parent is available to provide consent promptly, please use your best judgment and provide the care as needed."
West Ada School District is taking precautions as well. The district said, "West Ada has been using the same consent to treat protocol for over 15 years. While we maintain our established practices, we are now operating with an increased level of awareness in light of recent legislation."
Remember, parental consent is not necessary if it's an emergency, specifically if it's to prevent death or irreparable physical injury to a minor or after a reasonably diligent effort where a nurse cannot contact a parent and the minor's life or health would be seriously endangered by delaying health care service.