(1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the treatment facility may administer necessary medications or other treatments, except for electroconvulsive treatments, to a child, consistent with good medical practice without the informed consent of the parent of the child, if it is not possible to obtain such consent.
(2)  Notwithstanding subsection (1) of this section, a treatment facility shall not administer experimental treatment or any other special therapy except as provided by law or in rules promulgated by the department.
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Terms Used In Idaho Code 16-2423

  • Child: means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. See Idaho Code 16-2403
  • Department: means the department of health and welfare. See Idaho Code 16-2403
  • Emergency: means a situation in which the child’s condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child’s condition which cannot be eliminated by the use of supportive services or intervention by the child’s parents, or mental health professionals, and treatment in the community while the child remains in his family home. See Idaho Code 16-2403
  • Involuntary treatment: means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code. See Idaho Code 16-2403
  • Serious emotional disturbance: means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child’s functioning to be impaired in thought, perception, affect or behavior. See Idaho Code 16-2403
  • Special therapy: means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules. See Idaho Code 16-2403
  • Treatment facility: means a facility or program meeting applicable licensing standards that has been approved for the provisions of services under this chapter by the department of health and welfare. See Idaho Code 16-2403
(3)  No psychosurgery or electroconvulsive treatment shall be performed on a child, except by order of a court upon a finding that the treatment is necessary to prevent serious harm to the child. Consent of the parent of a child to this treatment without a court order shall be invalid and shall not be a defense against any legal action that might be brought against the provider of the treatment.
(4)  Consent for other medical/surgical treatments not intended primarily to treat a child’s serious emotional disturbance shall be obtained in accordance with the applicable law.