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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
739
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PEDIATRIC
SECRETIVE
TRANSITIONS
PARENTAL
RIGHTS
ACT;
AMEND
-
2
ING
CHAPTER
10,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
32
-
1016,
IDAHO
CODE,
TO
PROVIDE
A
SHORT
TITLE,
TO
PROVIDE
LEGISLATIVE
4
FINDINGS
AND
INTENT,
TO
DEFINE
TERMS,
TO
ESTABLISH
PROVISIONS
REGARDING
5
CERTAIN
PROHIBITED
ACTS,
TO
PROVIDE
FOR
CIVIL
ACTIONS,
AND
TO
PROVIDE
6
FOR
ATTORNEY
GENERAL
ENFORCEMENT;
PROVIDING
SEVERABILITY;
AND
DECLAR
-
7
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
10,
Title
32,
Idaho
Code,
be,
and
the
same
is
10
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
1
1
ignated
as
Section
32
-
1016,
Idaho
Code,
and
to
read
as
follows:
12
32
-
1016.
PEDIATRIC
SECRETIVE
TRANSITIONS
PARENTAL
RIGHTS
ACT.
(1)
13
This
section
shall
be
known
and
may
be
cited
as
the
"Pediatric
Secretive
14
Transitions
Parental
Rights
Act."
15
(2)
The
legislature
finds
that:
16
(a)
Parents
have
a
fundamental
right
to
raise
their
children
and
make
17
medical
and
educational
decisions
on
their
behalf;
18
(b)
Medical
and
social
sex
transitions
can
inflict
severe
and
irre
-
19
versible
harm
to
a
child's
well
-
being;
and
20
(c)
It
is
undoubtedly
a
parental
purview
and
prerogative
to
have
knowl
-
21
edge
of,
and
the
authority
to
deny,
a
child's
efforts
at
sex
transition
22
procedures
or
social
transitions.
23
(3)
It
is
the
intent
of
the
legislature
to
prohibit
any
health
care
24
provider
or
educational
institution
from
facilitating
a
pediatric
sex
25
transition
or
social
transition
without
informing
and
obtaining
informed
26
consent
from
a
minor
child's
parents
or
guardians.
27
(4)
As
used
in
this
section:
28
(a)
"Aggrieved
person"
means
the
parent
or
guardian
of
a
child
sub
-
29
jected
to
sex
transition
procedures
or
social
transitions.
30
(b)
"Child"
means
an
individual
who
is
less
than
eighteen
(18)
years
of
31
age
and
who
is
not
married
or
legally
emancipated.
32
(c)
"Covered
entity"
means
a
primary
or
secondary
educational
institu
-
33
tion,
a
child
care
provider,
or
a
medical,
behavioral,
or
mental
health
34
care
provider.
35
(d)
"Sex
transition
procedure"
means
a
practice
prohibited
pursuant
to
36
section
18
-
1506C,
Idaho
Code.
37
(e)
"Social
transition"
means
the
process
by
which
an
individual
goes
38
from
identifying
with
and
living
as
a
gender
that
corresponds
to
the
39
individual's
sex
to
identifying
with
and
living
as
a
gender
different
40
from
the
individual's
sex
and
may
involve
social,
legal,
or
physical
41
2
changes,
including
adopting
a
name,
pronouns,
appearance,
or
dress
that
1
does
not
correspond
to
the
individual's
sex.
2
(5)
A
covered
entity
shall
not
withhold
information
from
a
child's
par
-
3
ent
or
guardian
related
to
the
parent's
child's
expressed
interest
in
or
de
-
4
sire
for
sex
transition
procedures.
5
(6)
A
covered
entity
shall
notify
a
minor
student's
parent
within
sev
-
6
enty
-
two
(72)
hours
of
receiving
any
request
by
the
minor
student
to
partic
-
7
ipate
in
or
facilitate
the
social
transition
of
the
minor
student,
including
8
any
request
by
the
minor
student
to:
9
(a)
Be
referred
to
by
pronouns
or
titles
that
do
not
correspond
to
the
10
minor
student's
biological
sex;
1
1
(b)
Be
referred
to
using
names
other
than
the
minor
student's
legal
12
name,
or
a
nickname
or
derivative
thereof,
either
in
school
records
or
13
otherwise;
14
(c)
Use
restrooms,
locker
rooms,
changing
rooms,
or
overnight
lodging
15
designated
for
the
opposite
biological
sex;
or
16
(d)
Participate
on
an
athletic
team
or
any
other
sex
-
separated
school
17
activity
designated
for
the
opposite
sex.
18
(7)
A
covered
entity
shall
not
aid
or
abet
a
child's
efforts
to
obtain
19
sex
transition
procedures.
20
(8)
An
aggrieved
person
may
commence
an
action
at
law
or
equity
in
a
21
court
of
competent
jurisdiction
against
a
covered
entity
for
violations
of
22
this
section.
23
(9)
If
an
aggrieved
person
proves
that
a
covered
entity
violated
the
24
provisions
of
this
section,
such
aggrieved
person
is
entitled
to
recover:
25
(a)
Declaratory
relief;
26
(b)
Injunctive
relief;
27
(c)
Compensatory
damages;
and
28
(d)
Reasonable
costs
and
attorney's
fees
as
allowed
by
statute
or
court
29
rule.
30
(10)
The
attorney
general
shall
have
the
authority
to
investigate
alle
-
31
gations
of
violations
of
this
section.
32
(11)
In
addition
to
any
relief
granted
to
aggrieved
persons
under
a
33
civil
action,
the
attorney
general
may
seek,
and
a
court
may
award,
civil
34
penalties
of
up
to
one
hundred
thousand
dollars
($100,000)
against
a
covered
35
entity
for
violation
of
this
section.
Such
civil
penalties
shall
be
propor
-
36
tionate
to
the
violation
as
determined
by
the
court
based
on
the
facts
and
37
circumstances
of
the
violation,
including
the
seriousness
of
the
violation,
38
the
state
of
mind
of
the
violator,
and
the
damages
actually
caused
by
the
39
violation
of
this
section.
Penalties
awarded
pursuant
to
this
section
shall
40
be
deposited
in
the
state
general
fund.
41
(12)
The
attorney
general
may
refer
a
covered
entity
that
has
violated
42
this
section
to
any
licensing
board
that
has
issued
a
professional
license
to
43
the
covered
entity.
A
licensing
board
is
authorized
to
discipline
a
covered
44
entity
that
has
been
referred
to
it
pursuant
to
this
subsection
in
a
manner
45
that
it
deems
appropriate
for
a
violation
of
this
section.
46
(13)
The
attorney
general
may
file
suit
for
a
writ
of
mandamus
com
-
47
pelling
covered
entities
to
comply
with
the
provisions
of
this
section.
48
(14)
Nothing
in
this
section
shall
be
construed
to
conflict
with
the
ap
-
49
plication
or
enforcement
of
section
18
-
1506C,
Idaho
Code.
50
3
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
1
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
2
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
3
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
4
this
act.
5
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8