OPINION: The kids aren’t alright

As our Democratic candidates knock on doors and listen to voters, they are regularly asked a head-scratcher of a question: Why can’t my child independently access their health care anymore?

The answer is SB 1329, a bill that Idaho’s out-of-touch Republican legislators passed this spring. 

This law requires parental consent for all medical services provided to youth under 18, repealing previous Idaho code that protected the medical privacy of young people aged 14 to 18. From routine checkups to mental health services, if a parent does not sign a consent form, the child/teen is turned away. 

While the intention of this law is to enhance parental involvement, the reality is that it jeopardizes the safety of Idaho’s most vulnerable kids. If a child is being abused at home, they cannot obtain mental health services without the written consent of their abuser. 

Most horrifically, this law prohibits minors from receiving sexual assault exams, or rape kit exams, without parental consent. This becomes especially problematic if the perpetrator of the child’s sexual assault is a parent, family member, or close family friend.

According to the Rape, Abuse and Incest National Network, an estimated 93 percent of child sexual abuse perpetrators know their victims, and 34 percent are family members.

The new law offers only a narrow list of exceptions where patient confidentiality can be preserved: if a patient is at risk of death or “imminent, irreparable physical injury,” if a court has prohibited parental access to medical records, or if a parent is being investigated for a crime against their child. Shockingly, even in cases of documented sexual abuse, confidentiality is not protected unless there is an active case or court order against a parent. This exception is much narrower than the abuse or endangerment exceptions allowed by HIPAA.

If you or someone you know has been sexually assaulted and is in crisis, please call the National Sexual Assault Hotline at 800-656-HOPE (4673).

There are not words strong enough to communicate how unacceptable it is for the government to shield abusers — whether intentionally or unintentionally.

The emotional and mental well-being of the child is also a major concern. What happens when a child goes home to a parent who dismisses their claim and blames them for involving authorities? This new law could leave many children feeling even more isolated and unsafe.

Health care providers who seek to provide the best care possible for vulnerable patients are concerned about this new law and its implications. 

Any parent who feels their child received any health care service they didn’t agree with can sue the doctor for “declaratory relief, injunctive relief, compensatory damages, reasonable attorney's fees, and any other relief available under law.” The parent has up to two years to decide if they want to sue. 

The poorly written penalties in this legislation are already making providers question their decision to practice in Idaho. The risks of litigation for providing evidence-based care are high in this state. 

Senate Majority Leader Kelly Anthon, R-Burley, the lead sponsor of the bill, told the Idaho Statesman that it was not the intent of the law to limit police investigation of these kinds of crimes and expressed willingness to revisit the language if necessary. 

Raising the alarm early, Senate Minority Leader Melissa Wintrow, D-Boise, voted against the bill. She raised all of the concerns mentioned above, before the bill even passed.

This is the difference that Democrat legislators can make. Legislation that isn’t thought through before passing can cause real harm. When diverse input is part of the conversation before the bill passes, horrific oversights (like what happened with this bill) don’t slip through the cracks. 

Idaho needs Democratic legislators, if only to provide a different way of looking at the same issue. When Idaho isn’t ruled by a super-majority wearing blinders, only then will we be able to build a more perfect union and protect the most vulnerable among us.

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Evan Koch is chairman of the Kootenai County Democrats.