2005 Idaho Code - 16-2422 — INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT -- PERSONS UNDER VOLUNTARY TREATMENT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2422.  INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT -- PERSONS
UNDER VOLUNTARY TREATMENT. (1) A facility may not administer any treatments or
medications to a child admitted to the facility as a voluntary patient under
section 16-2407, Idaho Code, unless the parent, guardian or custodian of the
child has given informed consent to the treatment, except that emergency or
medically necessary treatments may be given without informed consent, if delay
in treatment may cause harm to the child, and the parent, guardian, or
custodian of the child is not available.
    (2)  After informed consent has been given, the parent, guardian or
custodian of a child may revoke such consent at any time, by clearly
communicating such revocation to facility staff. When consent has been
revoked, the facility shall promptly discontinue the treatment, provided that
a course of treatment may be concluded or phased out where necessary to avoid
the harmful effects of abrupt withdrawal. The facility may require the parent,
guardian, or custodian to sign a written revocation of consent before
discontinuing the treatment.
    (3)  Except in an emergency situation, the parents of a child being
treated voluntarily shall have the right to refuse any and all medications or
other treatments. If appropriate medications or treatments are refused, and
the facility is unable to care for the child without such treatments, the
facility may then discharge the child, with due care for his safety. Neither
the facility nor providers shall be held liable. If the child appears to meet
the criteria for involuntary treatment as specified in section 16-2418, Idaho
Code, the facility may file a petition for involuntary treatment.