Text of ID H 572 (2026)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 572 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- 11 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, educational institution, or mandated reporter of child neglect 25 or abuse from facilitating a pediatric sex transition or social transition 26 without informing and obtaining informed consent from a minor child's par- 27 ents or guardians. 28 (4) As used in this section: 29 (a) "Aggrieved person" means the parent or guardian of a child sub- 30 jected to social transition or sex transition procedures. 31 (b) "Child" means an individual who is less than eighteen (18) years of 32 age and who is not married or legally emancipated. 33 (c) "Covered entity" means a mandated reporter of child abuse or 34 neglect pursuant to state law, a primary or secondary educational in- 35 stitution, a child care provider, or a medical, behavioral, or mental 36 health care provider. 37 (d)(i) "Sex transition procedure" means engaging in any one (1) 38 or more of the following for the purpose of: (i) intentionally de- 39 laying, halting, or disrupting the natural development of an in- 40 dividual's body, including the onset or progression of puberty, so 41 that it does not develop or halts developing to correspond to the 42 2 individual's sex; or (ii) intentionally changing an individual's 1 body, including the individual's external appearance or biologi- 2 cal functions, to no longer correspond to the individual's sex: 3 1. The use of puberty blockers, including gonadotropin re- 4 leasing hormone agonists and antagonists; 5 2. The use of sex hormones, such as androgen blockers, es- 6 trogen, anti-estrogen, progesterone, testosterone, or di- 7 hydrotestosterone blockers; or 8 3. Surgical procedures that attempt to transform an indi- 9 vidual's physical appearance or that attempt to alter or re- 10 move an individual's sexual organs. 11 (ii) "Sex transition procedure" does not include: 12 1. Appropriate and medically necessary procedures to treat 13 a verifiable disorder of sexual development, including an 14 individual born with forty-six (46) XX chromosomes with vir- 15 ilization, an individual born with forty-six (46) XY chromo- 16 somes with undervirilization, or an individual having both 17 ovarian and testicular tissue; 18 2. The treatment of any infection, injury, disease, or dis- 19 order that has been caused or exacerbated by the performance 20 of an intervention described in paragraph (d)(i) of this 21 section without regard to whether the intervention was per- 22 formed in accordance with state or federal law; or 23 3. Any intervention undertaken because an individual suf- 24 fers from any diagnosed and verifiable condition of the 25 body's organ systems, including traumatic bodily injuries, 26 congenital structural anomalies of major organs or systems, 27 or acute illnesses with a high probability of rapid mortal- 28 ity. 29 (e) "Social transition" means the nonmedical process by which an in- 30 dividual adopts a name, pronouns, appearance, or mannerisms associated 31 with a gender other than from such individual's biological sex. 32 (5) A covered entity shall not withhold information from a child's par- 33 ent or guardian related to the parent's child's expressed interest in or de- 34 sire for sex transition procedures. 35 (6) A covered entity shall not facilitate or contribute to a child's ef- 36 forts to obtain sex transition procedures without the express written con- 37 sent of such child's parent or guardian. 38 (7) An aggrieved person may commence an action at law or equity in a 39 court of competent jurisdiction against a covered entity for violations of 40 this section. 41 (8) If an aggrieved person proves that a covered entity violated the 42 provisions of this section, such aggrieved person is entitled to recover: 43 (a) Declaratory relief; 44 (b) Injunctive relief; 45 (c) Statutory damages of not less than fifty thousand dollars ($50,000) 46 assessed against the covered entity found by a court or jury to have vio- 47 lated this section; 48 (d) Compensatory damages; and 49 (e) Reasonable costs and attorney's fees. 50 3 (9) The attorney general shall have the authority to investigate alle- 1 gations of violations of this section. 2 (10) In addition to any relief granted to aggrieved persons under a 3 civil action, the attorney general may seek civil penalties of up to one hun- 4 dred thousand dollars ($100,000) against a covered entity for violation of 5 this section. Such civil penalties shall be deposited in the state general 6 fund. 7 (11) The attorney general may file suit for a writ of mandamus com- 8 pelling covered entities to comply with the provisions of this section. 9 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared 10 to be severable and if any provision of this act or the application of such 11 provision to any person or circumstance is declared invalid for any reason, 12 such declaration shall not affect the validity of the remaining portions of 13 this act. 14 SECTION 3. An emergency existing therefor, which emergency is hereby 15 declared to exist, this act shall be in full force and effect on and after 16 July 1, 2026. 17