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Posted on March 22, 2020 at 10:18 PM

Idaho has enacted the nation’s fifth Simon’s Law. Joining Arizona, Kansas, Missouri, and South Dakota; the new law constrains when clinicians may write orders withholding life-sustaining treatment from a minor.


The Idaho statute is comparatively stronger than other Simon’s Laws. The statute has three main sections: (1) a notification requirement, (2) a 48-hour waiting period, and (3) a 15-day transfer period.


Notification. “An order not to resuscitate, an order to withhold artificial life-sustaining procedures . . . shall not be instituted . . . unless at least one parent or legal guardian of an unemancipated minor . . . has first been notified . . . and reasonable attempts have been made to notify any other parent or legal guardian.”


Waiting Period. “Unless the parent or legal guardian agrees . . . an order . . . to withhold artificial life-sustaining procedures . . . shall not be instituted . . . until at least forty-eight hours after oral and written notice.”


Transfer. “If a transfer is requested by a parent or legal guardian, the hospital or health care facility . . . must continue provision of artificial life-sustaining procedures . . . for a minimum of fifteen days.”

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