Adds to existing law to establish the Pediatric Secretive Transitions Parental Rights Act.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 822
BY WAYS AND MEANS 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 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

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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;	11
(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 socially	19
transition without first obtaining written consent from the child's parent.	20
(8) A covered entity shall not aid or abet a child's efforts to obtain	21
sex transition procedures.	22
(9) An aggrieved person may commence an action at law or equity in a	23
court of competent jurisdiction against a covered entity for violations of	24
this section.	25
(10) If an aggrieved person proves that a covered entity violated the	26
provisions of this section, such aggrieved person is entitled to recover:	27
(a) Declaratory relief;	28
(b) Injunctive relief;	29
(c) Compensatory damages; and	30
(d) Reasonable costs and attorney's fees as allowed by statute or court	31
rule.	32
(11) The attorney general shall have the authority to investigate alle-	33
gations of violations of this section.	34
(12) In addition to any relief granted to aggrieved persons under a	35
civil action, the attorney general may seek, and a court may award, civil	36
penalties of up to one hundred thousand dollars ($100,000) against a covered	37
entity for violation of this section. Such civil penalties shall be propor-	38
tionate to the violation as determined by the court based on the facts and	39
circumstances of the violation, including the seriousness of the violation,	40
the state of mind of the violator, and the damages actually caused by the	41
violation of this section. Penalties awarded pursuant to this section shall	42
be deposited in the state general fund.	43
(13) The attorney general may refer a covered entity that has violated	44
this section to any licensing board that has issued a professional license to	45
the covered entity. A licensing board is authorized to discipline a covered	46
entity that has been referred to it pursuant to this subsection in a manner	47
that it deems appropriate for a violation of this section.	48
(14) The attorney general may file suit for a writ of mandamus com-	49
pelling covered entities to comply with the provisions of this section.	50

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(15) Nothing in this section shall be construed to conflict with the ap-	1
plication or enforcement of section 18-1506C, Idaho Code.	2
SECTION 2. SEVERABILITY. The provisions of this act are hereby declared	3
to be severable and if any provision of this act or the application of such	4
provision to any person or circumstance is declared invalid for any reason,	5
such declaration shall not affect the validity of the remaining portions of	6
this act.	7
SECTION 3. An emergency existing therefor, which emergency is hereby	8
declared to exist, this act shall be in full force and effect on and after	9
July 1, 2026.	10

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