- (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.
- (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.
[16-2423, added 1997, ch. 404, sec. 1, p. 1294; am. 2005, ch. 307, sec. 7, p. 959.]