Idaho Code § 39-7501 — Idaho Code / Title 39 / Chapter 75 / Section 39-7501
39-7501 INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE.
Status: in_force

39-7501. Interstate compact on adoption and medical assistance. The interstate compact on adoption and medical assistance is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and other states joining the agreement in accordance with its terms.

INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE

ARTICLE I. FINDINGS

The states which are parties to this Compact find that:

(a) In order to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance (usually on a continuing basis) in meeting the high costs of supporting and providing for the special needs and the services required by such children.

(b) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only, obtained in family homes with a normal parent-child relationship.

(c) The states obtain fiscal advantages from providing adoption assistance because the alternative is for the states to bear the higher cost of meeting all the needs of children while in foster care.

(d) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents live in states other than the one undertaking to provide the assistance, include the establishment and maintenance of suitable substantive guarantees and workable procedures for interstate cooperation and payments to assist with the necessary costs of child maintenance, the procurement of services, and the provision of medical assistance.

ARTICLE II. PURPOSES

The purposes of this Compact are to:

(a) Strengthen protections for the interests of children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to provide adoption assistance.

(b) Provide substantive assurances and operating procedures which will promote the delivery of medical and other services to children on an interstate basis through programs of adoption assistance established by the laws of the states which are parties to this Compact.

ARTICLE III. DEFINITIONS

As used in this Compact, unless the context clearly requires a different construction:

(a) "Child with special needs" means a minor who has not yet attained the age at which the state normally discontinues children's services, or a child who has not yet reached the age of 21 where the state determines that the child's mental or physical handicaps warrant the continuation of assistance beyond the age of majority, for whom the state has determined the following:

1. That the child cannot or should not be returned to the home of his or her parents;

2. That there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance;

3. That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance.

(b) "Adoption assistance" means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.

(c) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a Territory or Possession of the United States.

(d) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

(e) "Residence state" means the state in which the child is a resident by virtue of the residence of the adoptive parents.

(f) "Parents" mean either the singular or plural of the word "parent".

ARTICLE IV. ADOPTION ASSISTANCE

(a) Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws.

(b) The adoption assistance, medical assistance, and other services and benefits to which this Compact applies are those provided to children with special needs and their adoptive parents from the effective date of the adoption assistance agreement.

(c) Every case of adoption assistance shall include a written adoption assistance agreement between the adoptive parents and the appropriate agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the assistance so provided as follows:

1. An express commitment that the assistance so provided shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance;

2. A provision setting forth with particularity the types of care and services toward which the adoption assistance state will make payments;

3. A commitment to make medical assistance available to the child in accordance with Article V of this Compact;

4. An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that is enforceable by any or all of them; and

5. The date or dates upon which each payment or other benefit provided thereunder is to commence, but in no event prior to the effective date of the adoption assistance agreement.

(d) Any services or benefits provided for a child by the residence state and the adoption assistance state may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other, as well as the beneficiaries of adoption assistance agreements, in assuring prompt and full access to all benefits expressly included in such agreements. It is further recognized and agreed that, in general, all children to whom adoption assistance agreements apply will be eligible for benefits under the child welfare, education, rehabilitation, mental health, and other programs of their state of residence on the same basis as other resident children.

(e) Adoption assistance payments on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child were living in the state making the payments, except that the laws of the adoption assistance state may provide for the payment of higher amounts.

ARTICLE V. MEDICAL ASSISTANCE

(a) Children for whom a party state is committed, in accordance with the terms of an adoption assistance agreement to provide federally aided medical assistance under Title XIX of the Social Security Act, are eligible for such medical assistance during the entire period for which the agreement is in effect. Upon application therefor, the adoptive parents of a child who is the subject of such an adoption assistance agreement shall receive a medical assistance identification document made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is covered by the medical assistance program in that state, whether or not the adoptive parents are themselves eligible for medical assistance.

(b) The identification document shall bear no indication that an adoption assistance agreement with another state is the basis for its issuance. However, if the identification is issued pursuant to such an adoption assistance agreement, the records of the issuing state and the adoption assistance state shall show the fact, and shall contain a copy of the adoption assistance agreement and any amendment or replacement thereof, as well as all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the issuance of such identification.

(c) A state which has issued a medical assistance identification document pursuant to this Compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as it would with any other medical assistance claims by eligible residents.

(d) The federally aided medical assistance provided by a party state pursuant to this Compact shall be in accordance with paragraphs (a) through (c) of this Article. In addition, when a child who is covered by an adoption assistance agreement is living in another party state, payment or reimbursement for any medical services and benefits specified under the terms of the adoption assistance agreement, which are not available to the child under the Title XIX medical assistance program of the residence state, shall be made by the adoption assistance state as required by its law. Any payments so provided shall be of the same kind and at the same rates as provided for children who are living in the adoption assistance state. However, where the payment rate authorized for a covered service under the medical assistance program of the adoption assistance state exceeds the rate authorized by the residence state for that service, the adoption assistance state shall not be required to pay the additional amounts for the services or benefits covered by the residence state.

(e) A child referred to in paragraph (a) of this Article, whose residence is changed from one party state to another party state shall be eligible for federally aided medical assistance under the medical assistance program of the new state of residence.

ARTICLE VI. COMPACT ADMINISTRATION

(a) In accordance with its own laws and procedures, each state which is a party to this Compact shall designate a Compact Administrator and such Deputy Compact Administrator as it deems necessary. The Compact Administrator shall coordinate all activities under this Compact within his or her state. The Compact Administrator shall also be the principal contact for officials and agencies within and without the state for the facilitation of interstate relations involving this Compact and the protection of benefits and services provided pursuant thereto. In this capacity, the Compact Administrator will be responsible for assisting child welfare agency personnel from other party states and adoptive families receiving adoption and medical assistance on an interstate basis.

(b) Acting jointly, the Compact Administrators shall develop uniform forms and administrative procedures for the interstate monitoring and delivery of adoption and medical assistance benefits and services pursuant to this Compact. The forms and procedures so developed may deal with such matters as:

1. Documentation of continuing adoption assistance eligibility;

2. Interstate payments and reimbursements; and

3. Any and all other matters arising pursuant to this Compact.

(c) (1) Some or all of the parties to this Compact may enter into supplementary agreements for the provision of or payment for additional medical benefits and services, as provided in Article V(d); for interstate service delivery, pursuant to Article IV(d); or for matters related thereto. Such agreements shall not be inconsistent with this Compact, nor shall they relieve the party states of any obligation to provide adoption and medical assistance in accordance with applicable state and federal law and the terms of this compact.

(2) Administrative procedures or forms implementing the supplementary agreements referred to in paragraph (c)(1) of this Article may be developed by joint action of the Compact Administrators of those states which are party to such supplementary agreements.

(d) It shall be the responsibility of the Compact Administrator to ascertain whether and to what extent additional legislation may be necessary in his or her own state to carry out the provisions of this Article IV or any supplementary agreements pursuant to this Compact.

ARTICLE VII. JOINDER AND WITHDRAWAL

(a) This Compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.

(b) In order that the provisions of this Compact may be accessible to and known by the general public, and so that they may be implemented as law in each of the party states, the authority which has executed the Compact in each party state shall cause the full text of the Compact and a notice of its execution to be published in his or her state. The executing authority in any party state shall also provide copies of the Compact upon request.

(c) Withdrawal from this Compact shall be by written notice, sent by the authority which executed it, to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given in accordance with the requirements of this paragraph.

(d) All adoption assistance agreements outstanding and to which a party state is a signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this Compact until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this Compact, and the withdrawing state shall continue to administer the Compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

The provisions of this Compact shall be liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the Constitution of the United States or of any party state, or where the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History:

[39-7501, added 1994, ch. 69, sec. 1, p. 141.]
Idaho Code § 39-905A — Idaho Code / Title 39 / Chapter 9 / Section 39-905A
39-905A HEARING LOSS SCREENING.
Status: in_force

39-905A. hearing loss screening. (1) In addition to other tests required by this chapter, all infants and newborns shall be screened for hearing loss prior to discharge from a hospital, health care facility, or birthing facility. For births occurring outside of a hospital, health care facility, or birthing facility, the birthing attendant shall ensure that the infant or newborn is screened for hearing loss or is referred to a hearing screening facility to be screened for hearing loss no later than twenty-one (21) days from the date of birth.

(2) The hearing loss screening required by this section shall employ physiologic screening methods approved by the Idaho educational services for the deaf and the blind (IESDB), including otoacoustic emissions or automated auditory brainstem response.

(3) The screening facility or provider shall report the results of all failed hearing screenings to the IESDB within seven (7) days and all other results monthly to ensure appropriate follow-up and early intervention.

(4) All tests and screenings required by this section shall be performed in accordance with standards, schedules, and protocols established or approved by the IESDB. The IESDB may provide guidance or educational materials to assist providers in carrying out the requirements of this section.

(5) The provisions of this section are contingent on continued receipt of federal funding intended to support infant and newborn hearing screening and shall not be enforceable if the loss of such federal funding would result in an increased cost to the state.

History:

[39-905A, added 2026, ch. 266, sec. 1, p. 1119.]
Idaho Code § 39-1810 — Idaho Code / Title 39 / Chapter 18 / Section 39-1810
39-1810 CONSUMPTION OR POSSESSION OF ALCOHOL AT HOTELS.
Status: in_force

39-1810. Consumption or possession of alcohol at hotels. (1) A license or permit properly issued to a person to serve beer, wine or liquor by the drink, which license or permit is used at or in a hotel, may not be suspended, revoked or not be renewed, nor may conditions be placed upon it, by reason of the fact that individuals at or in the hotel, whether or not they are guests, possess or consume beer, wine or liquor without being of a legal age to do so or at a time when such consumption is not legal if:

(a) (i) The alcohol was not sold, provided or delivered to the persons who are not of legal age by the licensee or its agents or employees; or

(ii) The alcohol was not sold, provided or delivered by the licensee or its agents or employees at a time when it was legally prohibited from doing so;

(b) The licensee, the hotelkeeper and their agents and employees took reasonable precautions to prevent:

(i) Persons who are not of legal age from possessing or consuming alcohol at or in the hotel; or

(ii) Possession or consumption of alcohol at or in the hotel at a time when such possession or consumption is not legal; and

(c) The possession or consumption is not on that portion of the premises which the hotelkeeper has identified as the bar or restaurant or in a meeting room, ballroom or the like in which beer, wine or liquor then is being sold by the licensee.

(2) A license or permit properly issued to a person to serve beer, wine or liquor by the drink, which license or permit is used at or in a hotel, may not be suspended, revoked or not be renewed, nor may conditions be placed upon it, by reason of the fact that hotel guests possess or consume beer, wine or liquor in their sleeping rooms and serve it there to their invitees who are not of legal age or at a time during which it would not be legal for the licensee to sell or permit the possession or consumption of alcohol on the premises.

History:

[39-1810, added 1993, ch. 125, sec. 3, p. 318.]
Idaho Code § 39-4414 — Idaho Code / Title 39 / Chapter 44 / Section 39-4414
39-4414 REMEDIES.
Status: in_force

39-4414. Remedies. The remedies specified in this section are cumulative and nonexclusive.

(1) MONETARY PENALTIES.

(a) Any person who makes a false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for the purpose of complying with the provisions of this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each separate violation or for each day of a continuing violation.

(b) Any person who violates this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each separate violation or for each day of a continuing violation.

(c) The imposition or computation of monetary penalties may take into account the seriousness of the violation, good faith efforts to comply with the law, and an enforceable commitment by the person against whom the penalty is directed to implement a supplemental environmental project. For purposes of this section, "supplemental environmental project" means a project which the person is not otherwise required to perform and which prevents pollution, reduces the amount of pollutants reaching the environment, contributes to public awareness of environmental matters, or enhances the quality of the environment. In evaluating a particular supplemental environmental project proposal, preference may be given to those projects with an environmental benefit, which relates to the violation or the objectives of the underlying statute which was violated, or which enhances the quality of the environment in the general geographic location where the violation occurred.

(2) ASSESSMENT OF COSTS. Any person who violates this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter may be assessed for:

(a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveys which lead to evidence of the violation;

(b) The state's costs, including the reasonable value of attorneys' services, for preparing and litigating the case;

(c) The state's costs for mitigating, removing, correcting or terminating adverse effects upon soil, air, or water quality resulting from the violation;

(d) The state's costs for impounding, storing, and disposing of contaminated property;

(e) Compensation for damages to publicly held resources including but not limited to, land, water, recreational uses, wildlife, fish and aquatic life to restore the resource to its highest previous use;

(f) Compensation for damages to privately held resources including, but not limited to, livestock, land, water, or other personal property, and compensation for court costs allowed by statute, reasonable attorney's fees for trial preparation and trial of the case, and all other reasonable costs of trial preparation and trial of the case;

(g) Compensation for damages to personal health and compensation for court costs allowed by statute, reasonable attorney's fees for trial preparation and trial of the case, and all other reasonable costs of trial preparation and trial of the case;

(h) The imposition or computation of costs may take into account the seriousness of the violation and good faith efforts to comply with the law.

(3) RESTRAINING ORDERS, INJUNCTIONS AND OTHER RELIEF.

(a) Any person who violates any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be subject to a permanent or temporary injunction, restraining order, or other relief deemed appropriate. Upon a showing to the court that a violation is causing an imminent hazard to the public health, the public safety, or to the environment, the department need not allege or prove at any stage of the proceeding that long-term irreparable damage will occur should the injunction or order not be issued or that the remedy at law is inadequate.

(b) A receiver may be appointed to oversee or operate any hazardous waste facility or site which is established or operated in violation of this chapter or any standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter.

(4) PAYMENT TO HAZARDOUS WASTE EMERGENCY ACCOUNT. All moneys collected by the department pursuant to subsections (1), (2) and (3) of this section to resolve any enforcement proceeding instituted under section 39-4413, Idaho Code, shall be paid into the hazardous waste emergency account created by section 39-4417, Idaho Code.

History:

[39-4414, added 1983, ch. 154, sec. 1, p. 427; am. 1984, ch. 157, sec. 1, p. 383; am. 1997, ch. 94, sec. 1, p. 219.]
Idaho Code § 39-9311 — Idaho Code / Title 39 / Chapter 93 / Section 39-9311
39-9311 CONSTRUCTION.
Status: in_force

39-9311. construction. Nothing in this chapter shall be construed to create or recognize a right to abortion.

History:

[39-9311, added 2016, ch. 368, sec. 1, p. 1081.]
Idaho Code § 39-306 — Idaho Code / Title 39 / Chapter 3 / Section 39-306
39-306 ELIGIBILITY SCREENING — CLINICAL ASSESSMENT — ELIGIBILITY DETERMINATION.
Status: in_force

39-306. eligibility screening — clinical assessment — eligibility determination. (1) Individuals may access substance use disorder services administered by the department through an eligibility screening. The eligibility screening shall be directly related to the individual's substance-related disorder and level of functioning, and shall include questions about the individual's substance use, substance use history, and income and living situation.

(2) Once an individual is found eligible for substance use disorder services, the individual will be authorized to receive a clinical assessment from a treatment provider in the department's substance use disorder services network to determine ASAM level of care.

(3) The department may limit or prioritize adult or adolescent substance use disorder services, impose income limits, define eligibility criteria, and establish the number of persons eligible based on such factors as court-ordered services, availability of funding, the degree of financial need, or the degree of clinical need. To be eligible for substance use disorder services, an individual must:

(a) Be an adult or adolescent with family income at or below federal poverty guidelines established by the department;

(b) Be a resident of the state of Idaho;

(c) Be a member of a priority population;

(d) Meet diagnostic criteria for a substance-related disorder as described in the DSM-5; and

(e) Meet specifications in each of the ASAM dimensions required for the recommended level of care.

History:

[39-306, added 2025, ch. 178, sec. 8, p. 845.]
Idaho Code § 39-1458 — Idaho Code / Title 39 / Chapter 14 / Section 39-1458
39-1458 BONDS ELIGIBLE FOR INVESTMENT.
Status: in_force

39-1458. Bonds eligible for investment. The state and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this act.

History:

[39-1458, added 1972, ch. 134, sec. 18, p. 286.]
Idaho Code § 39-1356 — Idaho Code / Title 39 / Chapter 13 / Section 39-1356
39-1356 EQUALIZATION OF LEVY BETWEEN CONSOLIDATING HOSPITALS.
Status: in_force

39-1356. Equalization of levy between consolidating hospitals. (1) When two (2) districts' hospitals or medical clinics have agreed to consolidate, the tax levies of the two (2) hospitals will be equalized in the following manner: the certified budget figures from ad valorem taxes of the district will be added together. The resulting figure will provide the base budget amount for the new consolidated district. In any such consolidation, the existing bonded debt of any district or districts shall not become the obligation of the proposed consolidated hospital district. The debt shall remain an obligation of the property which incurred the indebtedness.

History:

[39-1356, added 1993, ch. 137, sec. 5, p. 340.]
Idaho Code § 39-3516 — Idaho Code / Title 39 / Chapter 35 / Section 39-3516
39-3516 RESIDENT RIGHTS.
Status: in_force

39-3516. Resident rights. The care provider shall ensure staff protect and promote the rights of each resident, including each of the following rights:

(1) Privacy. Each resident shall be ensured the right to privacy with regard to accommodations, medical and other treatment, written and telephone communications, visits, and meetings of family and resident groups, including:

(a) The right to send and receive mail unopened, either by the postal service, electronically, or other means, unless the resident's plan of service specifically calls for the care provider to monitor correspondence to protect the resident from abuse or exploitation; and

(b) The right to control the use of pictures or videos containing the resident's image.

(2) Humane care and environment, dignity, and respect.

(a) Each resident shall have the right to humane care and a humane environment, including the following:

(i) The right to a diet that is consistent with any religious or health-related restrictions;

(ii) The right to refuse a restricted diet;

(iii) The right to refuse assistance with bathing, continence, toileting, or dressing from any person the resident is uncomfortable receiving such care from. The care provider is obligated to ensure that these services, if required in the resident's plan of service, are offered by staff acceptable to the resident or resident representative;

(iv) The right to a safe and sanitary living environment; and

(v) The right to a living environment free of illicit drug use or possession and other criminal activities.

(b) Each resident shall have the right to be treated with dignity and respect, including:

(i) The right to be treated in a courteous manner;

(ii) The right to receive a response from the certified family home staff to any request of the resident within a reasonable time;

(iii) The right to make choices free from intimidation, manipulation, or coercion;

(iv) Freedom from discrimination on the basis of race, color, national origin, sex, religion, age, disability, or veteran status; and

(v) The right to determine personal dress and hairstyles.

(3) Personal possessions. Each resident shall have the right to:

(a) Wear personal clothing;

(b) Retain and use the resident's own personal property in the resident's own living area in order to maintain individuality and personal dignity as long as the storage or use of these items do not present a fire or safety hazard; and

(c) Be provided a separate storage area in the resident's own living area and at least one (1) lockable cabinet or drawer for keeping personal property if requested by the resident.

(4) Personal funds. Each resident shall have the right to:

(a) Retain for personal use the difference between the resident's total monthly income and the monthly charges by the certified family home, such that the resident is left with at least the amount established by department rules for a basic-needs allowance to the aged, blind, and disabled who live in certified family homes, when the resident's care is paid for, in part or in full, by public assistance;

(b) Deposit personal funds into the resident's own financial account and not into the account of any other person;

(c) Review financial accounting pertaining to the use of the resident's funds. If the resident or the resident representative and care provider agree in writing that the care provider or another individual under the care provider's influence will manage the resident's personal funds on the resident's behalf, the care provider must hold, safeguard, and account for such personal funds; and

(d) Receive remaining funds into the resident's estate upon the resident's death. Upon the death of a resident whose funds were deemed to be managed by the care provider or an individual under the provider's influence, the care provider shall ensure the resident's remaining personal funds, along with a final accounting of such funds, are promptly conveyed to the individual administering the resident's estate.

(5) Access and visitation rights. Certified family home staff shall permit:

(a) Immediate access to any resident by the resident representative or the resident's health care professional;

(b) Unless otherwise restricted by a lawful order from a government unit, immediate access to any resident by the resident's relatives, subject to the resident's right to deny or withdraw consent at any time; and

(c) Unless otherwise restricted by a lawful order from a government unit, immediate access to any resident by others who wish to visit the resident, subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time.

(6) Labor. Each resident shall have the right to refuse to perform services for the certified family home.

(7) Confidentiality. Each resident shall have the right to confidentiality of personal and clinical records. The care provider shall obtain written consent from the resident or resident representative prior to disclosing any such record, except to the following:

(a) Representatives of the department, including certifying agents;

(b) Representatives of the Idaho commission on aging;

(c) Advocates and representatives of the protection and advocacy system designated by the governor pursuant to 42 U.S.C. 15043 and 42 U.S.C. 10801, in accordance with applicable federal law and regulations;

(d) The resident's authorized personal health care professional when the record is relevant to the condition the health care professional is treating; and

(e) The resident or the resident's legally authorized representative.

(8) Freedom from harm. Each resident shall have the right to be free from:

(a) Physical abuse;

(b) Mental abuse;

(c) Sexual abuse;

(d) Neglect;

(e) Exploitation;

(f) Corporal punishment;

(g) Involuntary seclusion;

(h) Any physical restraint; and

(i) Any chemical restraint.

(9) Freedom of religion. Each resident shall have the right to practice the religion of the resident's choice or to abstain from religious practice. Residents shall also be free from the imposition of the religious practices of others.

(10) Control and receipt of health-related services. Each resident or resident representative shall have the right to control the resident's receipt of health-related services, including but not limited to:

(a) The right to retain the services of the resident's own health care professionals;

(b) The right to select the pharmacy or pharmacist of the resident's choice;

(c) The right to confidentiality and privacy concerning the resident's medical or dental condition and treatment; and

(d) The right to decline treatment for any medical condition.

(11) Grievances. Each resident or resident representative shall have the right to voice grievances without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the certified family home to resolve grievances, including a written response from the care provider. Grievances may include but are not limited to:

(a) Quality of services or care provided;

(b) Failure to provide service or care; and

(c) The behavior of other residents.

(12) Participation in other activities. Unless otherwise restricted by a lawful order from a governmental unit, each resident shall have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the certified family home.

(13) Examination of home inspection reports. Each resident or resident representative shall have the right to examine the results of any home inspection of the certified family home conducted by the department and any department-approved plan of correction the care provider was or is expected to implement.

(14) List of alternative care settings. Each resident or resident representative shall have the right to review lists of alternative care settings, including other certified family homes, that may be available to meet the resident's needs.

(15) Advance directives. Each resident shall have the right to be informed by the care provider in writing regarding the resident's option to formulate advance care directives as described in chapter 45, title 39, Idaho Code.

(16) Other rights established by law. The resident shall have any other right established by law.

History:

[39-3516, added 2024, ch. 63, sec. 23, p. 321.]
Idaho Code § 39-1110A — Idaho Code / Title 39 / Chapter 11 / Section 39-1110A
39-1110A BEHAVIOR MANAGEMENT AND DISCIPLINE.
Status: in_force

39-1110A. behavior management and discipline. Methods of behavior management and discipline for children shall be positive, consistent, and based on each child's needs, stage of development, and behavior. Discipline is to promote self-control, self-esteem, and independence. The following acts are prohibited:

(1) Any punishment inflicted on the body, including spanking;

(2) Cruel and unusual physical exercise, including forcing a child to take an uncomfortable position;

(3) Use of excessive physical labor;

(4) Use of restraints;

(5) Locking a child in a room or area;

(6) Denying necessities, including food, clothing, bedding, rest, toilet use, personal care and sanitation, or entrance to the home or facility; and

(7) Mental or emotional cruelty or verbal abuse.

History:

[39-1110A, added 2025, ch. 186, sec. 5, p. 870.]
Idaho Code § 39-418 — Idaho Code / Title 39 / Chapter 4 / Section 39-418
39-418 JUDICIAL REVIEW OF DISTRICT BOARD'S DETERMINATION — EXCLUSIVE PROCEDURE.
Status: in_force

39-418. Judicial review of district board's determination — Exclusive procedure. (1) Judicial review of a final determination of the district board may be secured by any person adversely affected thereby by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein he lives within thirty (30) days after receipt of notice of the district board's final determination. The petition for review shall be served upon the district health director and the director of the department of health and welfare of the state of Idaho. The director may appear in any such hearing as a matter of right. Such service shall be jurisdictional and the provisions of this section shall be the exclusive procedure for appeal or review.

(2) If no appeal or review is sought within the time prescribed in (1) above, the final determination of the district board shall be conclusive as to factual matters decided therein and not subject to collateral attack in any proceeding to enforce its provisions.

History:

[39-418, added 1970, ch. 90, sec. 10, p. 218; am. 1973, ch. 29, sec. 10, p. 56; am. 1974, ch. 23, sec. 74, p. 633.]
Idaho Code § 39-9003 — Idaho Code / Title 39 / Chapter 90 / Section 39-9003
39-9003 STATEMENT OF PUBLIC POLICY.
Status: in_force

39-9003. STATEMENT OF PUBLIC POLICY. (1) The power to require or regulate a person's choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services free from the imposition of penalties, or the threat thereof, by the federal government of the United States of America relating thereto.

(2) It is hereby declared that the public policy of the state of Idaho, consistent with our constitutionally recognized and inalienable rights of liberty, is that every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty by the federal government of the United States of America.

(3) The policy stated herein shall not be applied to impair any right of contract related to the provision of health care services to any person or group.

History:

[39-9003, added 2010, ch. 46, sec. 1, p. 84.]
Idaho Code § 39-8303 — Idaho Code / Title 39 / Chapter 83 / Section 39-8303
39-8303 RESTRICTIONS ON EMPLOYERS.
Status: in_force

39-8303. Restrictions on employers. (1) Except as provided in subsections (2) and (3) of this section, an employer shall not, in connection with a hiring, promotion, retention or other related decision:

(a) Access or otherwise take into consideration private genetic information about an individual;

(b) Request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;

(c) Request or require an individual or his blood relative to submit to a genetic test; or

(d) Inquire into the fact that an individual or his blood relative has taken or refused to take a genetic test.

(2)(a) Notwithstanding the provisions of subsection (1) of this section, an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to subsection (2)(b) of this section in connection with:

(i) An employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or

(ii) An employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.

(b)(i) An order compelling the disclosure of private genetic information pursuant to this subsection may be entered only upon a finding that:

(A) Other ways of obtaining the private information are not available or would not be effective; and

(B) There is a compelling need for the private genetic information that substantially outweighs the potential harm to the privacy interests of the individual.

(ii) An order compelling the disclosure of private genetic information pursuant to this subsection shall:

(A) Limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;

(B) Limit disclosure to those persons whose need for the information is the basis of the order; and

(C) Include such other measures as may be necessary to limit disclosure for the protection of the individual.

(3) An employer who conducts DNA analysis for law enforcement purposes as a forensic laboratory or for the purposes of human remains identification may request or require genetic information of its employees or contractors but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.

History:

[39-8303, added 2006, ch. 293, sec. 1, p. 905; am. 2022, ch. 141, sec. 1, p. 512.]
Idaho Code § 39-1342 — Idaho Code / Title 39 / Chapter 13 / Section 39-1342
39-1342 INDEBTEDNESS INCURRED UPON FAVORABLE VOTE — RESUBMISSION OF PROPOSITION NOT RECEIVED FAVORABLY.
Status: in_force

39-1342. Indebtedness incurred upon favorable vote — Resubmission of proposition not received favorably. In the event that it shall appear from said returns that two-thirds (2/3) of the qualified electors of the district voting at such election shall have voted in favor of such proposition or any proposition submitted hereunder at such election, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell bonds of the district, as the case may be, all for the purpose or purposes, and object or objects provided for in the propositions submitted hereunder and in the resolution therefor and in the amount so provided at a rate of interest not exceeding the rate of interest recited in such resolution. The submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same, or other propositions, at subsequent election or elections called for such purpose at any time, held subject to the provisions of section 34-106, Idaho Code.

History:

[39-1342, added 1965, ch. 173, sec. 25, p. 340; am. 1971, ch. 25, sec. 5, p. 61; am. 1995, ch. 118, sec. 55, p. 472.]
Idaho Code § 39-5706 — Idaho Code / Title 39 / Chapter 57 / Section 39-5706
39-5706 VENDOR-ASSISTED SALES.
Status: in_force

39-5706. Vendor-assisted sales. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller.

(2) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays.

(3) Stores with tobacco products or electronic smoking devices comprising at least seventy-five percent (75%) of total merchandise are exempt from requiring vendor-assisted sales if minors are not allowed in the store and such prohibition is posted clearly on all entrance doors.

(4) This section shall not apply to a permitted mobile cigar retailer or designated cigar garden provided that the mobile unit or designated cigar garden is strictly restricted to persons twenty-one (21) years of age or older and is under the continuous supervision of the permittee or the permittee's employee.

History:

[39-5706, added 1998, ch. 418, sec. 2, p. 1319; am. 2012, ch. 39, sec. 4, p. 120; am. 2020, ch. 318, sec. 6, p. 909; am. 2025, ch. 64, sec. 6, p. 307; am. 2026, ch. 279, sec. 3, p. 1171.]
Idaho Code § 39-3141 — Idaho Code / Title 39 / Chapter 31 / Section 39-3141
39-3141 WAIVER OF BACKGROUND CHECK DENIAL.
Status: in_force

39-3141. waiver of background check denial. A certified individual who is seeking to provide peer support specialist, family support partner, or recovery coach services and receives an unconditional denial or a denial after an exemption review by the department may apply for a behavioral health waiver.

History:

[39-3141, added 2025, ch. 178, sec. 14, p. 848.]
Idaho Code § 39-1209 — Idaho Code / Title 39 / Chapter 12 / Section 39-1209
39-1209 STANDARDS FOR CHILDREN'S AGENCIES.
Status: in_force

39-1209. Standards for children's agencies. The board shall have the power and it shall be its duty to promulgate appropriate rules and regulations necessary to implement and enforce the following standards for licensing children's agencies to:

(1) Assure the organizational stability of children's agencies, which may require incorporation under the laws of this state;

(2) Require from the policy-making authority of the agency a statement setting forth the agency's purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served;

(3) Require a statement of financial solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services.

History:

[39-1209, added 1990, ch. 215, sec. 10, p. 574.]
Idaho Code § 39-266 — Idaho Code / Title 39 / Chapter 2 / Section 39-266
39-266 FEE FOR COURT CLERK.
Status: in_force

39-266. Fee for court clerk. The clerk of the court shall be paid a fee for each certificate forwarded by the clerk to the state registrar in accordance with the provisions of this chapter and regulations of the board. Said fee to be collected as a part of the court costs and be assessed by the court according to law. Said fee to be established by regulations adopted by the board.

History:

[(39-266) 1949, ch. 72, sec. 11, p. 117; am. and redesignated 1983, ch. 7, sec. 28, p. 39.]
Idaho Code § 39-3409 — Idaho Code / Title 39 / Chapter 34 / Section 39-3409
39-3409 WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
Status: in_force

39-3409. Who may make anatomical gift of decedent's body or part. (1) Subject to subsections (2) and (3) of this section and unless barred by section 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(a) An agent of the decedent at the time of death who could have made an anatomical gift under section 39-3404(2), Idaho Code, immediately before the decedent's death;

(b) The spouse of the decedent;

(c) Adult children of the decedent;

(d) Parents of the decedent;

(e) Adult siblings of the decedent;

(f) Adult grandchildren of the decedent;

(g) Grandparents of the decedent;

(h) An adult who exhibited special care and concern for the decedent;

(i) The persons who were acting as the guardians of the person of the decedent at the time of death; and

(j) Any other person having the authority to dispose of the decedent's body.

(2) If there is more than one (1) member of a class listed in subsection (1)(a), (c), (d), (e), (f), (g) or (i) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 39-3412, Idaho Code, knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(3) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.

History:

[39-3409, added 2007, ch. 30, sec. 2, p. 66.]
Idaho Code § 39-6306A — Idaho Code / Title 39 / Chapter 63 / Section 39-6306A
39-6306A UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT.
Status: in_force

39-6306A. Uniform interstate enforcement of domestic violence protection orders act. (1) Short Title. This section may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."

(2) Definitions. As used in this section:

(a) "Issuing state" means the state whose tribunal issues a protection order.

(b) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.

(c) "Protected individual" means an individual protected by a protection order.

(d) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.

(e) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order.

(3) Judicial Enforcement of Order.

(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.

(b) A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.

(c) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.

(d) A foreign protection order is valid if it:

(i) Identifies the protected individual and the respondent;

(ii) Is currently in effect;

(iii) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and

(iv) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.

(e) A foreign protection order valid on its face is prima facie evidence of its validity.

(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

(g) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:

(i) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and

(ii) The tribunal of the issuing state made specific findings in favor of the respondent.

(4) Nonjudicial Enforcement of Order.

(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a foreign protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this subsection, the foreign protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a foreign protection order is not required for enforcement.

(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.

(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this section.

(5) Registration of Order.

(a) Any individual may register a foreign protection order in this state pursuant to section 39-6311, Idaho Code. To register a foreign protection order, an individual shall present a copy of a protection order which has been certified by the issuing state to a court of this state in order to be entered in the Idaho law enforcement telecommunications system pursuant to section 39-6311, Idaho Code.

(b) An individual registering a foreign protection order shall file with the court an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.

(c) A fee may not be charged for the registration of a foreign protection order.

(d) A foreign protection order registered under this section may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.

(6) Immunity. This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this section.

(7) Uniformity of Application and Construction. In applying and construing this section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(8) Transitional Provision. This section applies to foreign protection orders issued before July 1, 2002, and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2002. A request for enforcement of a foreign protection order made on or after July 1, 2002, for violations of a foreign protection order occurring before that date is governed by this section.

History:

[39-6306A, added 2002, ch. 213, sec. 3, p. 588; am. 2003, ch. 213, sec. 1, p. 559.]
Idaho Code § 39-175E — Idaho Code / Title 39 / Chapter 1 / Section 39-175E
39-175E IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES.
Status: in_force

39-175E. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM INVESTIGATION, INSPECTION AND ENFORCEMENT AUTHORITIES. (1) All investigation, inspection and enforcement authorities and requirements set forth in the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, shall be available to the department and shall apply with respect to the Idaho pollutant discharge elimination system (IPDES) program. Such authorities include, without limitation, the authorities in sections 39-108, 39-109 and 39-117, Idaho Code, which shall be available to the department to conduct investigations, inspections and enforcement relating to violations of the rules, permits, requirements or orders issued or adopted pursuant to sections 39-175A through 39-175E, Idaho Code.

(2) The department is further authorized to enforce, through the authorities provided in this section, pretreatment standards, including local limits, developed and adopted by publicly owned treatment works, as required by 40 CFR 403.10(f)(1)(iv).

History:

[39-175E, added 2016, ch. 128, sec. 2, p. 374.]
Idaho Code § 39-7211 — Idaho Code / Title 39 / Chapter 72 / Section 39-7211
39-7211 IDAHO COMMUNITY REINVESTMENT PILOT INITIATIVE.
Status: in_force

39-7211. Idaho community reinvestment pilot initiative. [EFFECTIVE UNTIL CERTIFICATION TO SECRETARY OF STATE BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY THAT CERTAIN EVENTS HAVE OCCURRED] (1) There is hereby established in the state treasury a fund to be known as the Idaho community reinvestment pilot initiative fund which shall consist of moneys appropriated to the fund, donations, gifts and grants from any source and any other moneys which may hereafter be provided by law. The state treasurer shall be the custodian of the fund and shall invest said moneys in accordance with law. Any interest earned on the moneys in the fund shall be deposited in the fund. Moneys in the fund shall be disbursed in accordance with the directions of the director of the department of environmental quality. All moneys in the fund are perpetually appropriated to the director for expenditure in accordance with the provisions of this section.

(2) The state of Idaho hereby authorizes financial assistance to eligible property owners conducting voluntary cleanup actions pursuant to this chapter. The financial assistance authorized by this section shall not exceed one hundred fifty thousand dollars ($150,000) per project and shall be limited to, subject to the one hundred fifty thousand dollars ($150,000) maximum, seventy-percent (70%) of a project's qualifying remediation costs certified by the department pursuant to this section.

(3) Pursuant to general fund appropriation, the maximum overall financial assistance authorized by this section is one million five hundred thousand dollars ($1,500,000) in qualified remediation cost expenditures. A maximum of ten (10) projects may participate in the initiative.

(4) The department shall establish an annual priority list for community revitalization projects. The priority list shall be used as the method for allocating funds under this initiative.

(a) On an annual basis, the department shall establish, at a minimum, a continuous three (3) month calendar period in which eligible property owners may submit a written request, on a standard form developed by the department, to participate.

(b) On an annual basis, the department shall develop a priority list based on a weighted numerical points system established by the department. The rating system shall consider the following criteria wherein the department shall weigh each succeeding criteria less heavily than the preceding criteria:

(i) Whether the project is located in a city with a population of under twenty thousand (20,000) residents;

(ii) The level of social and economic benefit expected from the proposed reuse plan;

(iii) Whether contamination is preventing or complicating redevelopment;

(iv) Whether a reuse plan meets local planning and reuse goals, is compatible with long-term plans, and is ready to proceed;

(v) The level of human health risks the cleanup will remedy;

(vi) Current property conditions, including building safety concerns, vacancy rates and the level of negative visual impact the property has on the community.

(c) The department shall maintain annual priority lists of the twenty-five (25) highest priority projects.

(d) After finalizing the priority list, the department shall contact, in writing, the eligible property owners that submitted the ten (10) highest ranked priority projects and will set a target date for the eligible property owners to enter into a voluntary remediation agreement as described in subsection (1) of section 39-7205, Idaho Code.

(e) The department may bypass a project, and submit in its place the next highest priority project on the project list, for any of the following reasons:

(i) The eligible property owner fails to enter into a voluntary remediation agreement by the target date established by the department;

(ii) The eligible property owner, in writing, withdraws its request to participate; or

(iii) The voluntary remediation agreement is terminated or rescinded by the department prior to commencement of remediation as described in the voluntary remediation agreement approved by the department.

The department shall notify the bypassed eligible property owner of the reason or reasons for the bypass.

(5) Eligible property owners may request a community investment rebate by submitting documentation and certifications enumerated in paragraphs (a) through (c) of this subsection to the department. Eligible property owners shall submit this information no more than sixty (60) days after the department issues a certificate of completion for the project. Eligible property owners must receive a written certificate of completion from the department before the department may certify qualifying remediation costs or provide a community reinvestment rebate. Information to be submitted includes:

(a) Copies of contracts and documentation of contract negotiations, accounts, invoices, sales tickets, or other payment records from purchases, sales, leases, or other transactions involving actual costs incurred completing remediation activities in accordance with the work plan approved by the department;

(b) Notarized documentation completed and signed by the participant certifying that all information contained in the application, including all records of claims, costs incurred, and costs paid, are true and correct and constitute qualifying remediation costs;

(c) Notarized documentation completed and signed by a technical professional certifying that a technical professional oversaw all remediation work plan activities and that all costs associated with documents submitted pursuant to this subsection constitute qualifying remediation costs.

(6) Community reinvestment rebate requests shall be reviewed and certified as follows:

(a) The department shall review each community reinvestment rebate request and determine whether the request is complete. If the department determines the request is incomplete, the department shall return the request, with the deficiencies indicated, to the eligible property owner by certified mail;

(b) Once a community reinvestment rebate request is deemed complete, the department shall review the request and determine the project's qualifying remediation costs. The department shall then issue a certification of the qualifying remediation costs for all those costs found to be reasonable by the department;

(c) The department shall issue the eligible property owner a community reinvestment rebate in the amount it certified as qualified remediation costs no more than thirty (30) days after department certification;

(d) Any eligible property owner or technical professional determined in a civil enforcement action to have submitted a false statement, representation or certification in any application, record, report, plan or other document submitted to the department, shall reimburse the state of Idaho for moneys wrongfully rebated and shall be liable for civil penalties and expenses incurred by the department in accordance with chapter 1, title 39, Idaho Code.

(7) Eligible property owners that receive a community investment rebate are not eligible to receive the property tax exemption established under section 63-602BB, Idaho Code.

History:

[39-7211, added 2006, ch. 308, sec. 3, p. 949.]
Idaho Code § 39-8424 — Idaho Code / Title 39 / Chapter 84 / Section 39-8424
39-8424 VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION.
Status: in_force

39-8424. VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION. (1) Any person who violates any provision of this act, or any certification provided by the attorney general, is subject to the imposition of a civil penalty by the district court in the amount set forth in section 39-8406(1), Idaho Code. The attorney general and the district courts shall have the same authority in enforcing and carrying out the provisions of this section as is granted the attorney general and district courts under sections 39-8406 and 39-8407, Idaho Code, of the Idaho tobacco master settlement agreement complementary act.

(2) In addition to the authority set forth in subsection (1) of this section:

(a) The district court shall have the authority to revoke the cigarette rolling machine operator's permit issued by the department of health and welfare, pursuant to chapter 57, title 39, Idaho Code, for a period of at least three (3) months but up to one (1) year.

(b) (i) The attorney general may suspend or revoke a cigarette rolling machine operator's certification for violation of any provisions of this act or the operator's certification or any rule adopted by the attorney general pursuant to this act.

(ii) A determination by the attorney general to deny a certification application or to suspend or revoke a cigarette rolling machine operator's certification shall be subject to review in the manner prescribed by Idaho's administrative procedure act, chapter 52, title 67, Idaho Code. In instances where a certification is suspended or revoked, the cigarette rolling machine operator may not thereafter use or make the machine available for use and shall have ten (10) days after receiving actual notice that its certification has been suspended or revoked to remove the machine from the operator's commercial premises. If the operator fails to remove the cigarette rolling machine within this time period, the machine shall be deemed contraband and subject to seizure and forfeiture. During the period in which the operator's certification has been suspended or revoked, the operator may store the machine at a storage site as long as the machine is not used by or available to persons for use to manufacture cigarettes.

(3) No person who manufactures a cigarette using a cigarette rolling machine shall sell or offer that cigarette for sale in this state. This prohibition shall not apply to any person holding a federal license as a cigarette manufacturer.

(4) Unless expressly provided, the remedies or penalties provided by this act are cumulative to each other and to the remedies or penalties available under all other laws of this state.

History:

[39-8424, added 2012, ch. 206, sec. 5, p. 550; am. 2020, ch. 318, sec. 20, p. 916.]
Idaho Code § 39-1116 — Idaho Code / Title 39 / Chapter 11 / Section 39-1116
39-1116 PROSECUTION.
Status: in_force

39-1116. Prosecution. It shall be the duty of the prosecuting attorney of the county in which the daycare facility is located to prosecute violations of the provisions of this chapter.

History:

[39-1116, added 1987, ch. 56, sec. 1, p. 97; am. 2009, ch. 295, sec. 16, p. 882.]
Idaho Code § 39-8114 — Idaho Code / Title 39 / Chapter 81 / Section 39-8114
39-8114 CHAPTER NOT A LIMITATION OF POWERS.
Status: in_force

39-8114. Chapter not a limitation of powers. This chapter does not restrict or limit the powers which the basin project commission or financing authority might otherwise have under any laws of this state, and this chapter is cumulative to those powers. This chapter provides an additional and alternative method for actions authorized and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations. Contracts for the construction and acquisition of any facilities undertaken pursuant to this chapter need not comply with any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice or approval is required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this chapter.

History:

[39-8114, added 2001, ch. 371, sec. 2, p. 1308.]
Idaho Code § 39-604 — Idaho Code / Title 39 / Chapter 6 / Section 39-604
39-604 CONFINED AND IMPRISONED PERSONS — EXAMINATION, TREATMENT, AND QUARANTINE — VICTIMS OF SEXUAL OFFENSES — ACCESS TO OFFENDERS' TEST RESULTS, TESTING FOR HIV, COUNSELING AND REFERRAL SERVICES.
Status: in_force

39-604. Confined and imprisoned persons — Examination, treatment, and quarantine — Victims of sexual offenses — Access to offenders' test results, testing for HIV, counseling and referral services. (1) All persons who shall be confined or imprisoned in any state prison facility in this state shall be examined for on admission, and again upon the offender's request before release, and, if infected, treated for the diseases enumerated in section 39-601, Idaho Code, and this examination shall include a test for HIV antibodies or antigens. This examination is not intended to limit any usual or customary medical examinations that might be indicated during a person's imprisonment. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. Nothing contained in this section shall be construed to impose upon any state prison facility an obligation to continue to treat a person who tested positive for any disease enumerated in section 39-601, Idaho Code, or be financially responsible for such treatment after the person is released from the state prison facility.

(2) All persons who shall be confined in any county or city jail may be examined for and, if infected, treated for the venereal diseases enumerated in section 39-601, Idaho Code, if such persons have, in the judgment of public health authorities or the jailer, been exposed to a disease enumerated in section 39-601, Idaho Code.

(3) All persons who are charged with any sex offense in which body fluid, as defined in this chapter, has likely been transmitted to another shall be tested for the human immunodeficiency virus (HIV). At the request of the victim or parent, guardian or legal custodian of a minor victim, such test shall be administered not later than forty-eight (48) hours after the date on which the information or indictment is presented.

(4) All persons, including juveniles, who are charged with sex offenses, prostitution, any crime in which body fluid has likely been transmitted to another, or other charges as recommended by public health authorities shall be tested for the venereal diseases enumerated in section 39-601, Idaho Code, and for hepatitis C virus.

(5) All persons who are charged with any crime involving the use of injectable drugs shall be tested for the presence of HIV antibodies or antigens, for hepatitis C virus and for hepatitis B virus.

(6) If a person is tested as required in subsection (3), (4) or (5) of this section, the results of the test shall be revealed to the court. The court shall release the results of the test to the victim(s), or if the victim(s) is a minor, to the minor's parent, guardian or legal custodian. Whenever a prisoner tests positive for HIV antibodies or antigens, the victim(s) of said prisoner shall be entitled to counseling regarding HIV, HIV testing in accordance with applicable law, and referral for appropriate health care and support services. Said counseling, HIV testing and referral services shall be provided to the victim(s) by the district health departments at no charge to the victim(s). Provided however, the requirement to provide referral services does not, in and of itself, obligate the district health departments to provide or otherwise pay for a victim's health care or support services. Any court, when releasing test results to a victim(s), or if the victim(s) is a minor, to the minor's parent, guardian, or legal custodian, shall explain or otherwise make the victim(s) or the victim's parent, guardian, or legal custodian, aware of the services to which the victim(s) is entitled as described herein.

(7) Responsibility for the examination, testing and treatment of persons confined in county or city jails shall be vested in the county or city that operates the jail. The county or city may contract with the district health departments or make other arrangements for the examination, testing and treatment services. The district health department or other provider may charge and collect for the costs of such examination and treatment, as follows:

(a) When the prisoner is a convicted felon awaiting transfer to the board of correction, or when the prisoner is a convicted felon being confined in jail pursuant to a contract with the board of correction, the board of correction shall reimburse such costs;

(b) When the prisoner is awaiting trial after an arrest by any state officer, the state agency employing such arresting officer shall reimburse such costs;

(c) When the prisoner is being held for any other authority or jurisdiction, including another state, the authority or jurisdiction responsible shall reimburse such costs unless otherwise provided for by contract.

History:

[(39-604) 1921, ch. 200, sec. 4, p. 406; I.C.A., sec. 38-504; am. 1974, ch. 23, sec. 96, p. 633; am. 1988, ch. 45, sec. 3, p. 51; am. 1989, ch. 220, sec. 1, p. 536; am. 1990, ch. 310, sec. 1, p. 850; am. 1993, ch. 19, sec. 1, p. 71; am. 1994, ch. 408, sec. 1, p. 1278; am. 1999, ch. 323, sec. 1, p. 831; am. 2011, ch. 70, sec. 1, p. 148; am. 2012, ch. 311, sec. 2, p. 858; am. 2013, ch. 209, sec. 1, p. 498.]
Idaho Code § 39-3414 — Idaho Code / Title 39 / Chapter 34 / Section 39-3414
39-3414 DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE.
Status: in_force

39-3414. Delivery of document of gift not required — Right to examine. (1) A document of gift need not be delivered during the donor's lifetime to be effective.

(2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 39-3412, Idaho Code.

History:

[39-3414, added 2007, ch. 30, sec. 2, p. 69.]
Idaho Code § 39-426 — Idaho Code / Title 39 / Chapter 4 / Section 39-426
39-426 PUBLIC EMPLOYEES RETIREMENT SYSTEM.
Status: in_force

39-426. Public employees retirement system. All public health districts shall budget sufficient funds to allow for participation in the Idaho public employees retirement system as created by chapter 13, title 59, Idaho Code.

History:

[39-426, added 1970, ch. 90, sec. 19, p. 218.]
Idaho Code § 39-4113 — Idaho Code / Title 39 / Chapter 41 / Section 39-4113
39-4113 PLAN REVIEWS — MAXIMUM FEES AND SCHOOL INSPECTIONS.
Status: in_force

39-4113. Plan reviews — Maximum fees and school inspections. (1) The administrator shall establish a program for plan reviews and permit issuance entirely within the division of occupational and professional licenses. Plan reviews shall be for the provisions of this chapter and chapter 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, chapter 50, title 54, Idaho Code, and chapter 86, title 39, Idaho Code, pertaining to construction, alteration or repair of buildings or structures within the scope of the division's jurisdiction pursuant to this chapter. Plans for schools reviewed by the division shall not include a review for compliance with the provisions of chapter 2, title 41, Idaho Code, or for local planning and zoning requirements.

(2) The local government or division performing a building plan review for public works, as defined in section 67-5710B, Idaho Code, shall complete the initial plan review within thirty (30) calendar days of submission of such plan.

(3) Plan review fees shall be established by rules promulgated by the board. Local governments elected by school districts to perform building plan reviews for public schools as provided for in this section shall not charge a fee for such review of building plans in excess of what the division has established by rule for building plan review services for public schools.

(4) Each manufacturer of commercial coaches and modular buildings shall submit the building plans for every model of such structure to the administrator for the purpose of review.

(5)(a) Public school building plans shall be approved by either the local government or the division of occupational and professional licenses, whichever the school district elects. Any city or county that has adopted by ordinance all the applicable codes pursuant to section 39-4109, Idaho Code, and the codes as permitted in chapter 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 50, title 54, Idaho Code, shall be eligible to perform school plan reviews only if the following additional requirements are met: plans examiners performing building and energy code plan reviews shall hold current certification as a commercial building plans examiner by the International Code Council; examiners performing plumbing code plan reviews shall hold current certification as a plumbing inspector by the international association of plumbing and mechanical officials and shall be a licensed Idaho journeyman plumber; examiners performing electrical code plan reviews shall hold current certification as an electrical inspector by the national certification program for construction code inspectors and shall be a licensed Idaho journeyman electrician; and examiners performing mechanical code plan reviews shall hold current certification as a commercial mechanical inspector by the International Code Council.

(b) All plans examiners who perform public school plan reviews shall be either an employee of the division, an employee of the local jurisdiction in which the school is to be constructed, or performing plan reviews under an interagency contract between local jurisdictions, and shall meet the eligibility requirements as provided in paragraph (a) of this subsection.

(c) An eligible local government may contract with the division for review of any portion of the plans for which the local government does not have a properly certified plans examiner. A county may be deemed eligible to perform plan review services only for those types of installations for which they have authority pursuant to this chapter and chapter 50, title 54, Idaho Code, to adopt an enforcement program. Where an eligible county performs the plan review services, the electrical and plumbing code plan reviews shall be performed by the division at the hourly rate as established in rule by the division. Any local government elected to perform plan review services for public schools shall provide the division a copy of all approved plans.

(d) Wherein the proposed work is valued in excess of one hundred thousand dollars ($100,000), a school district may elect to utilize the school plan review services available from an eligible local government building code enforcement jurisdiction or from the division. Wherein the proposed work is valued at one hundred thousand dollars ($100,000) or less, a school district may elect to use a local government without regard to the eligibility requirements in paragraph (a) of this subsection. Election by a school district shall be made by submitting a written certification to both the division and the involved local government.

(e) Public school plan review services provided by either the division or an eligible local jurisdiction pursuant to this section shall include a review of the following disciplines: building (structural and nonstructural), mechanical, fuel gas, plumbing, electrical, accessibility, elevators, boilers, and energy conservation. At a minimum, plan review services shall include:

(i) A technical examination of all drawings and construction documents;

(ii) The approval of such drawings and construction documents by determining whether such are in accord with the codes adopted pursuant to sections 39-4109, 54-1001, 54-2601 and 54-5001, Idaho Code;

(iii) A determination that the drawings and construction documents are in compliance, or noncompliance, with the applicable codes, code interpretation, and the identification of approved modifications or alternative materials, design or methods; and

(iv) The identification of the reviewing official(s), the date upon which plans are approved, and a stamp or some other similar mark on the plans evidencing approval.

(f) If a school district elects to utilize the plan review services of the division, it shall submit to the division of occupational and professional licenses three (3) sets of working drawings and specifications for new public school buildings or facilities and additions or alterations to existing facilities. The division will review the plans submitted to it pursuant to this section for compliance with the current editions of the codes specified in this chapter or within rules promulgated pursuant to this chapter by the board and by section 39-8006, Idaho Code.

(6) Public school building plans shall be approved by either the local government or the division. The jurisdiction performing the public school building plan review shall complete the initial plan review within thirty (30) calendar days of submission of such plan. Once plans are reviewed and approved pursuant to this section, no material change shall be made to such plans without review and approval of such change by the jurisdiction performing the plan review. All school construction or remodeling governed by this chapter shall be inspected by building inspectors certified in accordance with section 39-4108, Idaho Code, or by Idaho-licensed architects or engineers to determine compliance with this chapter and the Idaho uniform school building safety act, chapter 80, title 39, Idaho Code. Nothing in this section shall limit the authority of local governments to issue building permits, perform fire code or other zoning and land use-related plan reviews or provide a full range of building code enforcement activities as they relate to inspections of school buildings or facilities sited within their jurisdiction regardless of the election exercised by the school district pursuant to this section.

History:

[39-4113, added 1975, ch. 180, sec. 2, p. 486; am. 1978, ch. 160, sec. 2, p. 348; am. 1983, ch. 153, sec. 10, p. 414; am. 1988, ch. 264, sec. 17, p. 532; am. 1990, ch. 155, sec. 2, p. 341; am. 1990, ch. 167, sec. 1, p. 364; am. 1995, ch. 267, sec. 13, p. 863; am. 1996, ch. 2, sec. 1, p. 4; am. 2000, ch. 352, sec. 2, p. 1186; am. 2002, ch. 345, sec. 17, p. 972; am. 2009, ch. 219, sec. 1, p. 681; am. 2010, ch. 174, sec. 1, p. 357; am. 2015, ch. 110, sec. 10, p. 277; am. 2023, ch. 15, sec. 12, p. 81; am. 2026, ch. 277, sec. 1, p. 1165.]
Idaho Code § 39-8115 — Idaho Code / Title 39 / Chapter 81 / Section 39-8115
39-8115 INCONSISTENT LAWS — THIS CHAPTER CONTROLS.
Status: in_force

39-8115. Inconsistent laws — This chapter controls. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific or local, the provisions of this chapter control.

History:

[39-8115, added 2001, ch. 371, sec. 2, p. 1308.]
Idaho Code § 39-2614 — Idaho Code / Title 39 / Chapter 26 / Section 39-2614
39-2614 RULES.
Status: in_force

39-2614. Rules. The department may adopt any rules necessary to carry out the provisions of this chapter which are consistent with the provisions of this chapter and which are necessary to carry out its duties under the provisions of this chapter.

History:

[39-2614, added 1997, ch. 246, sec. 2, p. 715.]
Idaho Code § 39-4502 — Idaho Code / Title 39 / Chapter 45 / Section 39-4502
39-4502 DEFINITIONS.
Status: in_force

39-4502. Definitions. As used in this chapter:

(1) "Advance care planning document," "advance directive," "directive," or "health care directive" means a document that:

(a) Substantially meets the requirements of section 39-4510(1), Idaho Code;

(b) Is a POST form; or

(c) Is another document that represents a competent person's authentic expression of such person's wishes concerning health care services.

(2) "Advanced practice registered nurse" means a professional nurse licensed in this state who has gained additional specialized knowledge, skills, and experience through a nationally accredited program of study as defined by section 54-1402, Idaho Code, and is authorized to perform advanced nursing practice, which may include direct client care such as assessing, diagnosing, planning, and prescribing pharmacologic and nonpharmacologic therapeutic and corrective measures, health promotion, and preventive care as defined by rules of the board of nursing. An advanced practice registered nurse collaborates with other health professionals in providing health care services.

(3) "Artificial life-sustaining treatment" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining treatment does not include the administration of pain management medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.

(4) "Artificial nutrition and hydration" means supplying food and water through a conduit, such as a tube or intravenous line, where the recipient is not required to chew or swallow voluntarily, but does not include assisted feeding, such as spoon feeding or bottle feeding.

(5) "Attending licensed independent provider" means the licensed independent practitioner who is selected by, or assigned to, the patient and who has primary responsibility for the treatment and care of the patient.

(6) "Cardiopulmonary resuscitation" or "CPR" means measures to restore cardiac function and/or to support ventilation in the event of cardiac or respiratory arrest.

(7) "Comfort care" means treatment that may include oxygen and medicine to relieve pain and symptoms but does not include artificial life support, artificial hydration, and artificial nutrition. Comfort care may be provided in any setting.

(8) "Consent to treatment" means the agreement an individual makes to receive health care services. Consent to treatment also includes:

(a) Refusal to consent to treatment; and

(b) Consent to withholding or withdrawal of health care services.

(9) "Emergency medical services personnel" means personnel engaged in providing initial emergency medical assistance, including but not limited to first responders, emergency medical technicians, and paramedics.

(10) "Health care agent" means a person named in an advance care planning document to make medical decisions for another person.

(11) "Health care provider" or "provider" means any person or entity licensed, certified, or otherwise authorized by law to administer health care services in the ordinary course of business or practice of a profession, including emergency or other medical services personnel.

(12) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. Health care services may include hospital, medical, dental, surgical, or other services.

(13) "Licensed independent practitioner" means:

(a) An individual licensed as a physician or physician assistant pursuant to chapter 18, title 54, Idaho Code; or

(b) A person licensed as an advanced practice registered nurse pursuant to chapter 14, title 54, Idaho Code.

(14) "Nonbeneficial medical treatment" means treatment:

(a) For a patient whose death, according to the reasonable medical judgment of a licensed independent practitioner, is imminent within hours or a few days regardless of whether the treatment is provided; or

(b) That, according to the reasonable medical judgment of a licensed independent practitioner, will not benefit the patient's condition.

(15) "Persistent vegetative state" means a condition in which a patient:

(a) Is in a state of partial arousal rather than true awareness;

(b) Is completely unresponsive to psychological or physical stimuli; and

(c) Displays no sign of higher brain function.

(16) "Physician" shall have the same meaning as provided in section 54-1803, Idaho Code.

(17) "Physician assistant" shall have the same meaning as provided in section 54-1803, Idaho Code.

(18) "POST form" means a form that satisfies the requirements of section 39-4512A, Idaho Code.

(19) "POST identification device" means jewelry worn around the wrist, neck, or ankle representing that the wearer has a POST form complying with section 39-4512A, Idaho Code, and that such person has chosen "Do Not Resuscitate: Allow Natural Death (No Code/DNR/DNAR): No CPR or advanced cardiac life support interventions" or the equivalent choice.

(20) "Surrogate decision-maker" means the person authorized to consent to or refuse health care services for another person as specified in section 39-4504(1), Idaho Code.

History:

[39-4502, added 2007, ch. 196, sec. 2, p. 580; am. 2012, ch. 302, sec. 2, p. 826; am. 2023, ch. 12, sec. 4, p. 50; am. 2023, ch. 307, sec. 2, p. 922; am. 2024, ch. 16, sec. 14, p. 148.]
Idaho Code § 39-1446 — Idaho Code / Title 39 / Chapter 14 / Section 39-1446
39-1446 ORGANIZATION MEETING — CHAIRMAN — EXECUTIVE DIRECTOR — SURETY BOND AND CONFLICT OF INTEREST.
Status: in_force

39-1446. Organization meeting — Chairman — Executive director — Surety bond and conflict of interest. A member of the authority designated by the governor shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tem. At such meeting appropriate by-laws shall be presented for adoption. The by-laws may provide for the election or appointment of officers and the delegation of certain powers and duties and such other matters as the authority deems proper. At such meeting and annually thereafter the authority shall elect one (1) of its members as chairman and one (1) as vice chairman. It shall appoint an executive director or secretary and may appoint an associate executive director or associate secretary, who may but are not required to be members of the authority and who shall serve at its pleasure. They shall receive such compensation for special services as shall be fixed by the authority. The executive director or secretary or associate executive director or secretary, or other person designated by the authority, shall keep a record of the proceedings thereof and shall be custodian of all books, documents and papers filed with the authority, the minute books or journal thereof and its official seal. Said executive director or secretary or associate executive director or associate secretary or other person, may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates. The authority may delegate by resolution to one (1) or more of its members or to its executive director or secretary or associate executive director or associate secretary such powers and duties as it may deem proper. The executive director or secretary shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000) or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each member, the executive director or secretary and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority. Notwithstanding any other law to the contrary it shall not constitute a conflict of interest for a trustee, director, officer or employee of any health institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company or any other firm, person or corporation to serve as a member of the authority, provided such trustee, director, officer or employee shall abstain from deliberation, action and vote by the authority in each instance where the business affiliation of any such trustee, director, officer or employee is involved.

History:

[39-1446, added 1972, ch. 134, sec. 6, p. 286.]
Idaho Code § 39-4515 — Idaho Code / Title 39 / Chapter 45 / Section 39-4515
39-4515 HEALTH CARE DIRECTIVE REGISTRY.
Status: in_force

39-4515. Health care directive registry. (1) The department of health and welfare shall create and maintain a health care directive registry. The health care directive registry shall be accessible through a web-based platform. The information contained in such registry shall include: the full name of the person executing the advance care planning document as stated in such document, the person's date of birth, telephone number, and mailing address, and the date the advance care planning document was executed. The registry shall be made available twenty-four (24) hours a day, seven (7) days a week and shall incorporate advance care planning documents previously submitted to the secretary of state. A person may register with the department of health and welfare an advance care planning document or a revocation of an advance care planning document by submitting the document or revocation, completing and submitting an informational registration form as required by the department of health and welfare, and paying the department the fee that the department may require for registering an advance care planning document. The person may register either online or by submitting the registration form in the mail. The person who submits a document for registration pursuant to this section by mail shall provide a return address. The department of health and welfare may charge and collect a fee not to exceed ten dollars ($10.00) for the filing of an advance care planning document. All fees collected for the filing of an advance care planning document shall be deposited into the health care directive registry fund. No fee shall be charged for revoking an advance care planning document.

(2) The department of health and welfare and those granted access to the health care directive registry shall use information contained in the registry only for purposes prescribed in this section. No person granted access to the registry shall use the information for commercial solicitations or in any fraudulent or improper way. Any commercial solicitation or fraudulent or improper use of information contained in the registry shall constitute a violation of this section and a violation of the Idaho consumer protection act.

(3) The department of health and welfare is not required to review an advance care planning document or replacement thereof to ensure that the document complies with any applicable and statutory requirements. Entry of a document into the health care directive registry pursuant to this section does not create a presumption favoring the validity of the document.

(4) The department of health and welfare shall delete an advance care planning document and the informational registration form from the health care directive registry when the department of health and welfare receives:

(a) Written notification to remove an advance care planning document signed by the maker thereof or that person's surrogate decision-maker; or

(b) Verification from the bureau of vital records and health statistics of the department of health and welfare that the person who executed the advance care planning document is deceased. The deletion under this paragraph shall be performed not less than once every two (2) years.

(5) Neither the department of health and welfare nor the state of Idaho shall be subject to civil liability for any claims or demands arising out of the administration or operation of the health care directive registry.

(6) There is hereby created in the state treasury the health care directive registry fund, the moneys of which shall be continuously appropriated, administered by the department of health and welfare, and used to support, promote, and maintain the health care directive registry. The fund shall consist of fees paid by persons registering advance care planning documents under this section and income from investment from the fund, gifts, grants, bequests, and other forms of voluntary donations. On notice from the department of health and welfare, the state treasurer shall invest and divest moneys in the fund, and moneys earned from such investment shall be credited to the fund.

History:

[39-4515, added 2006, ch. 67, sec. 6, p. 209; am. 2020, ch. 297, sec. 3, p. 860; am. 2023, ch. 307, sec. 20, p. 934.]
Idaho Code § 39-118 — Idaho Code / Title 39 / Chapter 1 / Section 39-118
39-118 REVIEW OF PLANS.
Status: in_force

39-118. Review of plans. (1) Except as provided by subsection (2) of this section, all plans and specifications for the construction of new sewage systems, sewage treatment plants or systems, other waste treatment or disposal facilities, public water supply systems or public water treatment systems or for material modification or expansion to existing sewage treatment plants or systems, waste treatment or disposal facilities, public water supply systems or public water treatment systems, shall be submitted to and approved by the director before construction may begin, and all construction shall be in substantial compliance therewith. Material modifications are those that are intended to increase system capacity or to alter the methods or processes employed. The director shall review plans and specifications and endeavor to resolve design issues within forty-two (42) days of submittal such that approval can be granted. If the director and applicant have not resolved design issues within forty-two (42) days or at any time thereafter, the applicant may file a written demand to the director for a decision. Upon receipt of such written demand, the director shall deliver a written decision to the applicant within no more than seven (7) days explaining any reasons for disapproval. The director shall maintain records of all written demands for decision made pursuant to this subsection with such records including the final decision rendered and the timeliness thereof. No material deviation shall be made from the approved plans and specifications without the prior approval of the director.

(2) Plans meeting the following standards shall not require preconstruction approval by the director:

(a) Plans for dairy systems pursuant to section 37-401, Idaho Code.

(b) Plans developed to evidence compliance with storm water best management practices.

(c) Plans developed for routine maintenance or equipment replacement activities.

(d) Plans for sanitary sewer extensions, water main extensions, and storm drain extensions, when such facilities will be owned and operated by a city, county, quasi-municipal corporation or regulated public utility where such city, county, quasi-municipal corporation or regulated public utility provides for the review of such plans and specifications by a qualified licensed professional engineer to verify compliance with facility standards and approves construction plans prior to initiation of construction. Any plans approved pursuant to this subsection shall be transmitted to the director at the time construction is authorized along with a statement that the plans comply with the facility standards and that construction has been authorized by the public agency or public utility. At the discretion of any city, county, quasi-municipal corporation or regulated public utility, the plans addressed by this subsection may be referred to the director for review and approval prior to initiation of construction.

(3) Within thirty (30) days of the completion of construction of facilities for which plans are required to be reviewed pursuant to subsection (1) or subsection (2)(d) of this section, record plans and specifications based on information provided by the construction contractor and field observations made by the engineer or the engineer's designee depicting the actual construction of facilities performed must be submitted to the director by the engineer representing the public agency or regulated public utility, if the resultant facilities will be owned and operated by a public agency or regulated public utility, or by the design engineer or owner-designated substitute engineer if the constructed facilities will not be owned and operated by a public agency or regulated public utility. Such submittal by the professional engineer must confirm material compliance with the approved plans or disclose any material deviations therefrom. If construction does not materially deviate from the original plans and specifications previously provided to the department, the owner may have a statement to that effect prepared by a licensed professional engineer and filed with the department in lieu of submitting a complete and accurate set of record drawings.

(4) All plans and specifications submitted to satisfy the requirements of subsection (1) of this section and all plans approved pursuant to subsection (2)(d) of this section shall be in compliance with applicable facility and design standards and conform in style and quality to regularly accepted engineering standards. The department shall review plans to determine compliance with applicable facility standards and engineering standards of care. As long as the plans and specifications comply with applicable facility and design standards, the department shall not substitute its judgment for that of the owner's design engineer concerning the manner of compliance with design standards. Except with respect to plans and specifications for facilities addressed in subsection (5) of this section, and confined animal feeding operations, the board may require that certain types of plans and specifications must be stamped by registered professional engineers. If the director determines that any particular facility or category of facilities will produce no significant impact on the environment or on the public health, the director shall be authorized to waive the submittal or approval requirement for that facility or category of facilities.

(5) All plans and specifications for the construction, modification, expansion, or alteration of waste treatment or disposal facilities for aquaculture facilities licensed by the department of agriculture for both commercial fish propagation facilities as defined in section 22-4601, Idaho Code, and sport fish propagation facilities whether private or operated or licensed by the department of fish and game and other aquaculture facilities as defined in the Idaho waste management guidelines for aquaculture operations, shall be submitted to and approved by the director of the department of environmental quality before construction may begin and all construction shall be in compliance therewith. The director shall review plans and specifications within forty-five (45) days of submittal and notify the owner or responsible party of approval or disapproval. In the event of disapproval the director shall provide reasons for disapproval in writing to the owner or responsible party. Plans and specifications shall conform in style and quality to standard industry practices and guidelines developed pursuant to this subsection. The director shall establish industry guidelines or best management practices subcommittees composed of members of the department, specific regulatory agencies for the industry, general public, and persons involved in the industry to develop and update guidelines or best management practices as needed. Within thirty (30) days of the completion of the construction, modification, expansion or alteration of facilities subject to this subsection, the owner or responsible party shall submit a statement to the director that the construction has been completed and is in substantial compliance with the plans and specifications as submitted and approved. The director shall conduct an inspection within sixty (60) days of the date of submission of the statement and shall inform the owner or responsible party of its approval of the construction or in the event of nonapproval, the reasons for nonapproval.

History:

[39-118, as added by 1973, ch. 136, sec. 1, p. 267; am. 1974, ch. 23, sec. 58, p. 633; am. 1976, ch. 116, sec. 1, p. 453; am. 1986, ch. 60, sec. 9, p. 176; am. 1994, ch. 290, sec. 1, p. 910; am. 1996, ch. 80, sec. 1, p. 263; am. 2000, ch. 132, sec. 25, p. 336; am. 2005, ch. 321, sec. 1, p. 988.]
Idaho Code § 39-302 — Idaho Code / Title 39 / Chapter 3 / Section 39-302
39-302 DEFINITIONS.
Status: in_force

39-302. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:

(1) "Addiction" or "alcoholism" means a primary, chronic, neurobiological disease with genetic, psychosocial and environmental factors influencing its development and manifestations. It is characterized by behaviors that include one (1) or more of the following: impaired control over drug or alcohol use, compulsive use, continued use despite harm, and craving.

(2) "Adolescent" means an individual twelve (12) years through seventeen (17) years of age.

(3) "Adult" means an individual eighteen (18) years of age or older.

(4) "Alcoholic" means a person who has the disease of alcoholism, which is characterized by behaviors that include one (1) or more of the following: impaired control over alcohol use, compulsive use, continued use despite harm, and craving.

(5) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 39-305(1), Idaho Code, and approved under the provisions of section 39-305(3), Idaho Code, and rules promulgated by the board of health and welfare pursuant to this chapter.

(6) "Approved public treatment facility" means a treatment agency operating under the provisions of this chapter through a contract with the department of health and welfare pursuant to section 39-304(7), Idaho Code, and meeting the standards prescribed in section 39-305(1), Idaho Code, and approved pursuant to section 39-305(3), Idaho Code, and rules promulgated by the board of health and welfare pursuant to this chapter.

(7) "ASAM" means the manual of patient placement criteria for the treatment of substance-related disorders published by the American society of addiction medicine.

(8) "Department" means the Idaho department of health and welfare.

(9) "Director" means the director of the Idaho department of health and welfare.

(10) "Drug addict" means a person who has the disease of addiction, which is characterized by behaviors that include one (1) or more of the following: impaired control over drug use, compulsive use, continued use despite harm, and craving.

(11) "Eligibility screening" means the collection and review of information directly related to the individual's substance use and level of functioning that the department uses to determine whether an individual is eligible for adult or adolescent substance use disorder services available through the department.

(12) "Idaho board of alcohol/drug counselor certification" or "IBADCC" means an entity affiliated with the international certification reciprocity consortium (ICRC) recognized by the department to oversee credentialing of Idaho student of addiction studies and certified alcohol/drug counselors in the state of Idaho.

(13) "Incapacitated by alcohol or drugs" means that a person, as a result of the use of alcohol or drugs, is unconscious or has his judgment otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment.

(14) "Incompetent person" means a person who has been adjudged incompetent by an appropriate court within this state.

(15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of drugs or alcohol.

(16) "Licensed professional" means a person who holds an active license or registration with the applicable jurisdiction for the profession and provides services within the practice authority for the applicable profession consistent with the laws and regulations of the state where services are provided and consistent with the applicable standard of care.

(17) "National certification commission for addiction professionals" or "NCCAP" means an entity recognized by the department to provide counselor certification and endorsements in the state of Idaho.

(18) "Priority population" means individuals who receive services ahead of other persons. Priority populations are determined yearly by the department and align with federally mandated priorities.

(19) "Recovery support services" means those ancillary, nonclinical services needed for a client to maintain substance abuse or addiction recovery. These services may include transportation, childcare, drug testing, safe and sober housing and care management.

(20) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or substances.

(21) "Treatment" means the broad range of emergency, outpatient, intensive outpatient, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, and vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons and/or drug addicts.

History:

[39-302, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 2, p. 610; am. 2006, ch. 407, sec. 1, p. 1232; am. 2008, ch. 94, sec. 1, p. 259; am. 2012, ch. 107, sec. 3, p. 288; am. 2025, ch. 178, sec. 3, p. 843.]
Idaho Code § 39-3349 — Idaho Code / Title 39 / Chapter 33 / Section 39-3349
39-3349 RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.
Status: in_force

39-3349. Responsibility for inspections and technical assistance. The licensing agency shall inspect and provide technical assistance to residential care or assisted living facilities. The department may provide consulting services upon request to any residential care or assisted living facility to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by the facility.

History:

[39-3349, added 1990, ch. 116, sec. 2, p. 256; am. 2000, ch. 274, sec. 36, p. 824; am. 2005, ch. 280, sec. 27, p. 896.]
Idaho Code § 39-8107 — Idaho Code / Title 39 / Chapter 81 / Section 39-8107
39-8107 BASIN FUND AND FINANCING AUTHORITY — ESTABLISHMENT — ADMINISTRATORS — POWERS.
Status: in_force

39-8107. Basin fund and financing authority — Establishment — Administrators — Powers. (1) The basin environmental improvement fund and financing authority is hereby created and shall become operational when the director of the department of environmental quality, by execution of an appropriate order, determines that significant funds have been provided to the financing authority from any source, or any one (1) or more agreements or compacts between the state of Idaho and the state of Washington, the Coeur d'Alene tribe or the United States of America providing for participation in the basin project commission and financing authority. The financing authority shall be an independent public body corporate and politic within the meaning of section 1, article viii, of the constitution of the state of Idaho, with no power to levy taxes or to obligate the general fund of the state of Idaho.

(2) The administrator or board of administrators of the financing authority shall consist of one (1) representative appointed by the governor of the state of Idaho. Upon participation in the basin project by agreement or compact, one (1) representative shall be appointed by the council of the Coeur d'Alene tribe, one (1) representative shall be appointed by the governor of the state of Washington and one (1) representative shall be appointed by the president of the United States of America. Appointments shall be made on the basis of demonstrated investment and financial management expertise. Each administrator shall serve at the pleasure of his or her respective appointing authority and may be removed and replaced at any time. Administrators shall not be compensated. Two (2) or more administrators shall constitute a board and may act by majority vote. Meetings shall be held whenever a majority of administrators so request. The administrator or board of administrators shall direct the activities of the financing authority.

(3) The funds of the financing authority may include moneys and any income paid in settlement of any claims or lawsuits regarding heavy metals contamination in the basin, annual appropriations by the states of Idaho and Washington or the Coeur d'Alene tribe, receipts from the issuance of bonds and any other source, public or private. To the extent allowed by law, the funds of the financing authority shall not be considered federal funds and shall be available for use as state matching funds for federal grants.

(4) The financing authority may administer its funds to maximize income to fund the basin project. The financing authority is hereby authorized to invest any funds not needed for immediate use or disbursement, including any funds held in reserve, in:

(a) Bonds, notes and other obligations of the United States of America or any agency or instrumentality thereof and other securities secured by such bonds, notes or other obligations;

(b) Money market funds which are insured or the assets of which are limited to obligations of the United States of America or any agency or instrumentality thereof;

(c) Time certificates of deposit and savings accounts; and

(d) Commercial paper which, at the time of its purchase, is rated in the highest category by a nationally recognized rating service.

(5) The financing authority may contract for services deemed necessary to carry out its duties including, but not limited to, financial, legal and accounting services.

(6) The financing authority may provide moneys from its funds to the basin project commission not to exceed such amounts as annually may be requested by the basin project commission.

(7) The financing authority shall establish its fiscal year, keep records of all investments, expenditures and business transactions and provide for an annual public accounting.

(8) The financing authority may exercise all other powers necessary or appropriate to carry out its corporate purposes including, without limitation, the following:

(a) To sue and be sued in its own name;

(b) To have an official seal and to alter the seal at its pleasure;

(c) To maintain an office at a place or places within this state as it may designate;

(d) To hire officers, agents and employees as may be required and to prescribe its duties;

(e) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions;

(f) To obtain insurance against any loss in connection with its property and other assets in amounts and from insurers it deems desirable;

(g) To borrow money and issue bonds and notes or other evidences of indebtedness as hereinafter provided; and

(h) To the extent permitted under its contract with the holders of bonds, notes and other obligations of the financing authority, to consent to any modification of any contract, lease or agreement of any kind to which the financing authority is a party.

History:

[39-8107, added 2001, ch. 371, sec. 2, p. 1301.]
Idaho Code § 39-6807 — Idaho Code / Title 39 / Chapter 68 / Section 39-6807
39-6807 INCONSISTENT LAWS — THIS CHAPTER CONTROLS.
Status: in_force

39-6807. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific, or local, the provisions of this chapter control.

History:

[39-6807, added 2023, ch. 73, sec. 1, p. 249.]
Idaho Code § 39-1302 — Idaho Code / Title 39 / Chapter 13 / Section 39-1302
39-1302 STREAMLINED FACILITIES LICENSING AND INSPECTION ACT — SHORT TITLE.
Status: in_force

39-1302. streamlined facilities licensing and inspection act — SHORT TITLE. Sections 39-1301 through 39-1309, Idaho Code, shall be known and may be cited as the "Streamlined Facilities Licensing and Inspection Act."

History:

[39-1302, added 2025, ch. 122, sec. 21, p. 634.]
Idaho Code § 39-5907 — Idaho Code / Title 39 / Chapter 59 / Section 39-5907
39-5907 ELIGIBILITY FOR GRANTS.
Status: in_force

39-5907. Eligibility for grants. Applicants must meet the following requirements:

(1) Rural health care access grant awards:

(a) The geographical area to be benefitted must be located in a current primary care or dental health professional shortage area or a medically underserved area.

(b) The applicant must be a governmental entity or a nonprofit entity registered with the Idaho secretary of state.

(2) Rural physician incentive grant awards:

(a) A physician who meets the following requirements is eligible to apply for a rural physician incentive grant award:

(i) During the period covered by the award, the physician must be a rural physician providing primary care medicine in an eligible area. A physician may provide patient care services in primary care medicine in more than one (1) eligible area;

(ii) The physician must be a doctor of medicine or doctor of osteopathic medicine and have completed an accreditation council of graduate medical education or American osteopathic association residency;

(iii) The physician must be Idaho medical board certified/board eligible, be eligible for an unrestricted Idaho medical license and be able to meet the medical staffing requirements of the sponsoring organization when applicable; and

(iv) The physician must accept medicare and medicaid patients within the capacity of his or her primary care medicine practice.

(b) Physicians who have paid the fee authorized in section 33-3723, Idaho Code, shall be given a preference over other applicants.

(c) A physician shall not be entitled to receive an award under this program if the physician is receiving payments for purposes of repaying qualified medical education debt from another state or from a federal debt repayment program.

History:

[39-5907, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 9, p. 136.]
Idaho Code § 39-412 — Idaho Code / Title 39 / Chapter 4 / Section 39-412
39-412 MEETINGS OF THE DISTRICT BOARD — COMPENSATION OF MEMBERS.
Status: in_force

39-412. Meetings of the district board — Compensation of members. The district board shall hold such meetings as may be necessary for the orderly conduct of its business and such meetings may be called upon seventy-two (72) hours' notice by the chairman or a majority of the members. Four (4) members shall be necessary to constitute a quorum and the action of the majority of members present shall be the action of the board. The members of the board shall be compensated as provided by section 59-509(i), Idaho Code.

History:

[39-412, added 1970, ch. 90, sec. 5, p. 218; am. 1973, ch. 29, sec. 4, p. 56; am. 1980, ch. 247, sec. 33, p. 606; am. 1984, ch. 40, sec. 1, p. 66; am. 1989, ch. 68, sec. 1, p. 110; am. 2007, ch. 91, sec. 1, p. 270.]
Idaho Code § 39-3418 — Idaho Code / Title 39 / Chapter 34 / Section 39-3418
39-3418 OTHER PROHIBITED ACTS.
Status: in_force

39-3418. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both such fine and imprisonment.

History:

[39-3418, added 2007, ch. 30, sec. 2, p. 71.]
Idaho Code § 39-503 — Idaho Code / Title 39 / Chapter 5 / Section 39-503
39-503 AQUIFER PROTECTION DISTRICT AUTHORIZED.
Status: in_force

39-503. Aquifer protection district authorized. (1) In counties where a state designated sensitive resource aquifer has been declared as prescribed by rules of the department of environmental quality, and such designation was made prior to the enactment of this act, the board of county commissioners of any such county may, upon petition, hold an election for establishment of, or participation in, an aquifer protection district as authorized by this chapter.

(2) A multicounty aquifer protection district may be established by a joint powers agreement as authorized by chapter 23, title 67, Idaho Code, provided all participating counties have held elections and voted in favor of establishment of, or participation in, an aquifer protection district. Every reference to a county in this chapter may be applicable to the multiple counties that participate in a multicounty aquifer protection district.

(3) An aquifer protection district is a political subdivision of the state of Idaho subordinate to the county or counties in which it is formed. The governing board of an aquifer protection district is authorized to provide coordination and funding for aquifer protection activities carried out by county government, other political subdivisions, state agencies, and private individuals or interests. The boundaries of an aquifer protection district shall conform as nearly as practicable to boundaries of the subject aquifer, the aquifer's recharge areas, and areas that may be dependent upon the aquifer as a source of water.

History:

[39-503, added 2006, ch. 304, sec. 1, p. 938.]
Idaho Code § 39-9304 — Idaho Code / Title 39 / Chapter 93 / Section 39-9304
39-9304 RELEASE OF REMAINS FOR FINAL DISPOSITION.
Status: in_force

39-9304. Release of remains for final disposition. In every instance of fetal death involving miscarriage or stillbirth, the individual in charge of the institution where the bodily remains of the deceased unborn infant were expelled or extracted, or the individual's designee, shall notify the mother or the mother's authorized representative that the mother has a right to direct the receipt and disposition of her deceased unborn infant's bodily remains. Upon request by the mother or her authorized representative, the institution shall make arrangements for the release of the bodily remains to the mother or her authorized representative for final disposition in accordance with applicable law.

History:

[39-9304, added 2016, ch. 368, sec. 1, p. 1079.]
Idaho Code § 39-6109A — Idaho Code / Title 39 / Chapter 61 / Section 39-6109A
39-6109A CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS.
Status: in_force

39-6109A. contract requirements for national interest waivers. Throughout the period of obligation, regardless of physician's visa status, the employment contract must:

(1) Meet state and federal requirements;

(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the national interest waiver physician's ability to remain in the area upon completion of the contract term is prohibited;

(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients and the population of the federal designation for the area of underservice full time;

(4) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;

(5) Specify that benefits offered are not included as part of the base salary;

(6) Include annual, sick, continuing medical education and holiday leave;

(7) State that amendments shall adhere to state and federal national interest waiver requirements;

(8) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required five (5) years of medical service have expired;

(9) Be assignable only by the employer to a successor with concurrence of the department;

(10) Include the practice site address, the days and hours of practice and field of medicine;

(11) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;

(12) Not be subject to changes which result in termination of contract, change in practice scope or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program. It will also limit the applicant's future participation in the program; and

(13) Be signed by both the national interest waiver petitioning physician and the applicant employer, and the date it is signed must be clear.

History:

[39-6109A, added 2009, ch. 106, sec. 10, p. 331.]
Idaho Code § 39-1226 — Idaho Code / Title 39 / Chapter 12 / Section 39-1226
39-1226 CRITICAL INCIDENT REPORTING IN LICENSED CHILDREN'S FACILITIES.
Status: in_force

39-1226. CRITICAL INCIDENT REPORTING IN LICENSED CHILDREN'S FACILITIES. (1) As used in this section, "critical incident" means any event that threatens or significantly impacts the physical or psychological safety, health, rights, or well-being of a child in a licensed children's residential care facility, including but not limited to:

(a) The death of a child;

(b) A suicide attempt or serious self-harm;

(c) Use of physical restraint, seclusion, or any emergency safety intervention;

(d) Denial or unreasonable delay of requested or necessary medical care;

(e) Admission to, or transport to or from, a hospital or emergency medical facility;

(f) Any allegation or incident of physical, sexual, or emotional abuse or harm;

(g) Any child detained, charged, or arrested by law enforcement or a regulatory agency;

(h) Any unauthorized absence, runaway, or attempted elopement;

(i) Any fire, evacuation, or environmental hazard on site;

(j) Any condition of the facility that poses an immediate threat to health or safety; and

(k) Any other incident designated by the department by rule.

(2) Each licensed children's residential facility shall:

(a) Notify the department by close of the next business day of any critical incident using the department-approved reporting process;

(b) Notify the child's parent, legal guardian, or placing agency of the incident by close of the next business day, unless prohibited by court order or safety concerns documented by the agency; and

(c) Maintain an internal critical incident log and supporting documentation, including incident reports, staff notes, and any follow-up or investigation records, which shall be made available for review during inspections.

(3) All reports and logs must protect personally identifiable information and comply with applicable state and federal confidentiality laws, including the health insurance portability and accountability act and the family educational rights and privacy act, as applicable. The department shall:

(a) Maintain and safeguard content of critical incident reports;

(b) Follow best practices for emergency safety interventions;

(c) Conduct reviews, follow-up, and data analysis of reported incidents; and

(d) Publicize the results with any substantiated findings and enforcement actions.

(4) This section shall not be construed to alter any reporting requirements pursuant to section 16-1605, Idaho Code.

History:

[39-1226, added 2026, ch. 139, sec. 5, p. 661.]
Idaho Code § 39-7903 — Idaho Code / Title 39 / Chapter 79 / Section 39-7903
39-7903 DEFINITIONS.
Status: in_force

39-7903. Definitions. As used in this chapter:

(1) "Active unit" means that part of a facility or unit that has received or is receiving wastes and that has not been closed.

(2) "Animal unit" is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds), or ten (10) weaned swine, each weighing under twenty-five (25) kilograms. Total animal units are calculated by adding the number of swine weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds) multiplied by four-tenths (.4), plus the number of weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth (.1).

(3) "Animal waste" means animal excrement, feed wastes, process wastewater or any other waste associated with the confinement of swine.

(4) "Animal waste management system" means any structure or system that provides for the collection, treatment, disposal, distribution or storage of animal waste.

(5) "Applicant" means the owner or the operator with the owner's written consent.

(6) "Aquifer" means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs.

(7) "Certified planner" means a person who has completed the nutrient management certification in accordance with the nutrient management standard.

(8) "County" means any county in the state of Idaho.

(9) "Department" means the Idaho department of environmental quality.

(10) "Director" means the director of the Idaho department of environmental quality or his designee.

(11) "Existing facility" means a facility built and in operation one (1) year or more before the original effective date of this chapter.

(12) "Expand" or "expanding facility" means a swine facility of less than twenty thousand (20,000) animal units that increases its one-time animal unit capacity to twenty thousand (20,000) or more animal units.

(13) "Facility" means any place, site or location or part thereof where swine are kept, handled, housed, or otherwise maintained and includes, but is not limited to, all buildings, lots, pens, animal waste management systems, structures, and other appurtenances and improvements on the land.

(14) "Ground water" means water below the land surface in a zone of saturation.

(15) "Holocene fault" means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present.

(16) "Land application" means the spreading on or incorporation of animal waste into the soil mantle primarily for beneficial purposes.

(17) "Natural resources conservation service" or "NRCS" means the United States department of agriculture, natural resources conservation service.

(18) "Nutrient management plan" means a plan prepared in compliance with the nutrient management standard or other equally protective standard approved by the director for managing the amount, source, placement, form and timing of the land application of nutrients and soil amendments for plant production and to minimize the potential for environmental degradation, particularly of water quality.

(19) "Nutrient management standard" means the standard of the United States department of agriculture, natural resource conservation service code 590 or the Idaho agricultural pollution abatement plan, nutrient management standard component practice.

(20) "One-time animal unit capacity" means the maximum number of animal units that a facility is capable of housing at any given point in time.

(21) "Operate" means to confine, feed, propagate, house or otherwise sustain swine.

(22) "Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.

(23) "Owner" means the person(s) who owns a facility or part of a facility.

(24) "Permit" when used as a noun means a permit issued by the director pursuant to rules of the department.

(25) "Person" means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry or any other legal entity whatsoever, and includes owners and operators.

(26) "Plan of operation" or "operating plan" means the written plan developed by an owner or operator of a swine facility unit detailing how the facility is to be operated during its active life, during closure, and throughout the postclosure period.

(27) "Process wastewater" means any water used in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from animal watering systems; washing, cleaning, or flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any precipitation which comes into contact with animals or animal waste.

(28) "Qualified professional" means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in compliance with applicable provisions of the Idaho Code.

(29) "Unauthorized discharge" means a release of animal waste to the environment or waters of the state that is not authorized by the license or the terms of a national pollutant discharge elimination system (NPDES) permit issued by the federal environmental protection agency.

(30) "Water quality standard" means a standard set for maximum allowable contamination in surface waters and ground water as set forth in the water quality standards for waters for the state of Idaho.

(31) "Waters of the state" means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state.

History:

[39-7903, added 2000, ch. 268, sec. 1, p. 756; am. 2001, ch. 103, sec. 73, p. 313.]
Idaho Code § 39-4011 — Idaho Code / Title 39 / Chapter 40 / Section 39-4011
39-4011 VIOLATIONS.
Status: in_force

39-4011. Violations. (1) Any person who violates any of the following provisions relating to manufactured homes, or any rule promulgated by the administrator of the division of occupational and professional licenses to administer the provisions of this chapter, shall be liable for a civil penalty of not to exceed one thousand dollars ($1,000) for each such violation. Each such violation shall constitute a separate violation with respect to each manufactured home, except that the maximum penalty shall not exceed one million dollars ($1,000,000) for any related series of violations occurring within one (1) year from the date of the first violation. Violations include:

(a) Manufacturing for sale, leasing, selling, offering for sale, or introducing or delivering or importing, in the state of Idaho, any manufactured home that is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard which does not comply with such standard;

(b) Failure or refusal to permit entry or inspection as required by section 39-4003A, Idaho Code;

(c) Failure of manufacturer to give notification of any defects in any manufactured home, in the manner required by 42 U.S.C. 5414;

(d) Failure to furnish to distributor or dealer at the time of delivery of each manufactured home produced by such manufacturer, certification that said manufactured home conforms to all applicable federal construction and safety standards or issuance of a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect;

(e) Failure of any manufacturer, distributor or dealer of manufactured homes to establish and maintain such records, make such reports, and provide such information as the administrator of the division of occupational and professional licenses may reasonably require to enable him to determine whether such manufacturer, distributor or dealer has acted or is acting in compliance with this chapter and with federal manufactured home construction and safety standards; or failure to permit, upon request of a person duly designated by the administrator, inspection of appropriate books, papers, records and documents relative to determining whether such manufacturer, distributor or dealer has acted or is acting in compliance with federal manufactured home construction or safety standards.

(2) Any person or officer, director or agent of a corporation who willfully or knowingly violates the provisions enumerated in subsection (1)(a) through (e) of this section, in any manner which threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both.

(3) Violations of this chapter may be tried in any court of competent jurisdiction within the state of Idaho.

History:

[39-4011, added 1978, ch. 118, sec. 2, p. 269; am. 1980, ch. 108, sec. 3, p. 246; am. 1988, ch. 264, sec. 12, p. 529; am. 1996, ch. 421, sec. 25, p. 1422; am. 2016, ch. 342, sec. 3, p. 969; am. 2023, ch. 15, sec. 7, p. 77.]
Idaho Code § 39-8702 — Idaho Code / Title 39 / Chapter 87 / Section 39-8702
39-8702 PREVENTION OF FRIVOLOUS LAWSUITS.
Status: in_force

39-8702. Prevention of frivolous lawsuits. Except as provided in section 39-8703, Idaho Code, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho Code, or an association of one (1) or more of such entities, shall not be subject to civil liability arising under any Idaho law for any claim, as defined in section 39-8704, Idaho Code, arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food.

History:

[39-8702, added 2004, ch. 380, sec. 1, p. 1141.]
Idaho Code § 39-8402 — Idaho Code / Title 39 / Chapter 84 / Section 39-8402
39-8402 DEFINITIONS.
Status: in_force

39-8402. Definitions. (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, "menthol," "lights," "kings," and "100s," and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(2) "Cigarette" has the same meaning as that term is defined in section 39-7802(d), Idaho Code.

(3) "Commission" means the state tax commission for the state of Idaho.

(4) "Master settlement agreement" has the same meaning as that term is defined in section 39-7802(e), Idaho Code.

(5) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.

(6) "Participating manufacturer" has the same meaning as that term is defined in section II(jj) of the master settlement agreement and all amendments thereto.

(7) "Qualified escrow fund" has the same meaning as that term is defined in section 39-7802(f), Idaho Code.

(8) "Stamping agent" means a person who is authorized to wholesale cigarettes or is required to affix tax stamps to packages or other containers of cigarettes as well as any person who pays a tobacco products tax on "roll your own" tobacco, pursuant to chapter 25, title 63, Idaho Code.

(9) "Tobacco product manufacturer" has the same meaning as that term is defined in section 39-7802(i), Idaho Code.

(10) "Units sold" has the same meaning as that term is defined in section 39-7802(j), Idaho Code.

History:

[39-8402, added 2003, ch. 33, sec. 2, p. 146; am. 2006, ch. 74, sec. 1, p. 227.]
Idaho Code § 39-255A — Idaho Code / Title 39 / Chapter 2 / Section 39-255A
39-255A REGISTRATION OF BIRTHS TO GESTATIONAL CARRIERS.
Status: in_force

39-255A. registration of births to gestational carriers. (1) Subject to the requirements set forth in section 39-255, Idaho Code, a certificate of live birth shall be filed with the bureau of vital records and health statistics by the certifier with parentage as determined by the final court order of parentage issued pursuant to the provisions of chapter 16, title 7, Idaho Code. The birth record shall include all the facts of birth, including the gestational carrier's demographic, medical, and health information. No certificate shall be deemed complete until every item of information required has been provided or its omission satisfactorily accounted for.

(2) Upon receipt by the bureau of the complete certificate of live birth from the certifier and the certified copy of the order of parentage, the bureau of vital records and health statistics shall accept the record for permanent filing. The birth certificate shall make no reference to the gestational carrier. The facts of birth as relating to the gestational carrier shall be filed with and remain part of the records of the bureau of vital records and health statistics in a sealed file with a certified copy of the order of parentage.

(3) In the absence of an order of parentage, the birth certificate shall be filed listing the gestational carrier as the mother of the child. The gestational carrier's information may not be removed, and an intended parent's information may not be listed on the birth certificate except:

(a) According to the provisions of section 39-255(e), Idaho Code, to add a biological father; or

(b) Upon receipt of a certified copy of an order of parentage and a certified report of gestational birth. The report form will be prescribed and furnished by the state registrar. Copies of birth certificates showing the gestational carrier as the mother of the child shall not be issued except upon order of an Idaho court.

(4) Information necessary to prepare the report of gestational birth shall be furnished by the intended parent or parents or the attorney for the intended parent or parents. The order of parentage and the report of gestational birth shall contain all known facts of birth and the identity of the intended parent or parents.

(5) Upon receipt by the bureau of the certified report of gestational birth and the certified order of parentage, a new certificate of birth shall be established bearing the full name of the child born and the identity of the intended parent or parents. The new birth certificate shall make no reference to the gestational carrier and shall not be marked as amended. The new birth certificate shall supplant and constitute replacement of any birth certificate for the child previously filed with the bureau of vital records and health statistics and shall be the only birth certificate subject to issuance. The certified report of gestational birth and certified order of parentage shall be filed with and remain part of the records of the bureau of vital records and health statistics in a sealed file with the original certificate.

(6) In respect to form and nature of contents, the new birth certificate shall be identical to the birth certificate originally filed with the bureau of vital records and health statistics, except that the intended parent or parents shall be entered on the certificate as shown in the report of gestational birth. The child's name shall remain as shown on the original birth certificate unless the order of parentage specifically states how the bureau of vital records and health statistics should list the child's name on the birth certificate.

(7) An order of parentage may be amended only to correct a clerical error.

(8) All records and information specified in this section, other than a birth certificate issued pursuant to this section, and all records, files, and information of any court in this state relating to gestational birth and parentage proceedings shall not be open to inspection except on order of a court of record of this state; provided, however, that any Idaho magistrate judge may furnish a certified copy of an order of parentage to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order.

History:

[39-255A, added 2023, ch. 228, sec. 4, p. 706.]
Idaho Code § 39-9401 — Idaho Code / Title 39 / Chapter 94 / Section 39-9401
39-9401 SHORT TITLE.
Status: in_force

39-9401. SHORT TITLE. This chapter shall be known and may be cited as the "Right to Try Act."

History:

[(39-9401) 39-9301, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]
Idaho Code § 39-3640 — Idaho Code / Title 39 / Chapter 36 / Section 39-3640
39-3640 WATER QUALITY INNOVATION AND POLLUTANT TRADING.
Status: in_force

39-3640. WATER QUALITY INNOVATION AND POLLUTANT TRADING. (1) It is the policy of the state of Idaho to support water quality trading and other voluntary, cost-effective, and innovative means of attaining and maintaining water quality standards established pursuant to this chapter.

(2) The provisions of this title, water quality standards, and total maximum daily loads and discharge permitting shall, where the department deems appropriate, be administered to support opportunities for water quality trading and other voluntary, innovative means of attaining and maintaining water quality standards established pursuant to this chapter.

(3) "Water quality trade" and "water quality trading" mean a voluntary transaction whereby a person who discharges or proposes to discharge a pollutant into a water body pursuant to a permit or license meets regulatory requirements by obtaining pollutant reductions from another source.

(4) The department is authorized to investigate, review, approve, modify, or deny water quality trades, trading frameworks, and the means of verifying water quality pollutant trading and other water quality attainment innovations that contribute to the attainment of water quality standards.

History:

[39-3640, added 2021, ch. 94, sec. 1, p. 324.]
Idaho Code § 39-9001 — Idaho Code / Title 39 / Chapter 90 / Section 39-9001
39-9001 SHORT TITLE.
Status: in_force

39-9001. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Health Freedom Act."

History:

[39-9001, added 2010, ch. 46, sec. 1, p. 84.]
Idaho Code § 39-175C — Idaho Code / Title 39 / Chapter 1 / Section 39-175C
39-175C APPROVAL OF IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM.
Status: in_force

39-175C. Approval of Idaho Pollutant Discharge Elimination System program. (1) The department is authorized to implement an Idaho pollutant discharge elimination system (IPDES) program consistent with the requirements of this section. The program shall not include the authority to issue permits for any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation, such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility or when secured to the bed of a lake or river, contiguous zone or waters of the United States for the purpose of mineral or oil exploration or development.

(2) The board is authorized to proceed with negotiated rulemaking and all other actions necessary to maintain approval of the IPDES program by the United States environmental protection agency including rules authorizing the collection of reasonable fees for processing and implementing an IPDES permit program. Such fees shall not be assessed or collected unless the state maintains an approved IPDES program consistent with the requirements of this section.

(3) Any memorandum of agreement negotiated by the director to maintain approval to operate an IPDES program shall be binding on the state of Idaho upon enactment of this statute.

(4) Implementation of the IPDES program shall not occur prior to statutory enactment of implementing legislation and authorization of a memorandum of agreement as specified in subsection(3) of this section.

(5) The director, as appropriate, shall establish agreements with other state agencies with expertise to administer the IPDES program.

(6) No provision of this chapter shall be interpreted as to supersede, abrogate, injure or create rights to divert or store water and apply water to beneficial uses established under section 3, article XV, of the constitution of the state of Idaho, and title 42, Idaho Code.

(7) Nothing in this section is intended to supersede any existing agreements between federal, state or local agencies regarding authority over inspections, enforcement or other obligations under the clean water act.

History:

[39-175C, added 2005, ch. 57, sec. 1, p. 212; am. 2014, ch. 40, sec. 4, p. 96; am. 2018, ch. 22, sec. 5, p. 37.]
Idaho Code § 39-4108 — Idaho Code / Title 39 / Chapter 41 / Section 39-4108
39-4108 CERTIFICATION.
Status: in_force

39-4108. Certification. After July 1, 2002, state and local government building inspectors, including state safety advisors, shall hold a valid certification as a building inspector or building plans examiner issued by the International Code Council (ICC), except that a building inspector with a valid ICC residential building inspector certification may only inspect structures regulated by the International Residential Code (IRC). A building inspector with a valid ICC residential building inspector certification working under the supervision of an ICC-certified building inspector or building plans examiner may inspect all occupancy classifications for a period not to exceed three (3) years. An inspector may be hired without a valid ICC residential building inspector certification but must obtain such certification within a period of up to six (6) months after hire and must be under the supervision of an ICC-certified building inspector or building plans examiner until such certification is obtained. Until such certification is obtained, no official adverse action may be undertaken without review and approval of an ICC-certified building inspector or building plans examiner.

History:

[39-4108, added 2002, ch. 345, sec. 11, p. 970; am. 2019, ch. 54, sec. 1, p. 143.]
Idaho Code § 39-4424 — Idaho Code / Title 39 / Chapter 44 / Section 39-4424
39-4424 DISPOSAL OF MANIFESTED WASTE.
Status: in_force

39-4424. Disposal of manifested waste. Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested waste to produce heat is otherwise lawful.

History:

[39-4424, added 1989, ch. 253, sec. 2, p. 628.]
Idaho Code § 39-9303 — Idaho Code / Title 39 / Chapter 93 / Section 39-9303
39-9303 DEFINITIONS.
Status: in_force

39-9303. definitions. As used in this chapter:

(1) "Aborted infant" means a deceased unborn infant whose death was caused by abortion.

(2) "Abortion" has the same meaning as provided in section 18-604, Idaho Code.

(3) "Bodily remains" means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant's mother.

(4) "Experiment" or "experimentation" means the use of bodily remains, including embryonic stem cells, or the use of an unborn infant intended to be aborted, in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis, but does not include:

(a) Diagnostic or remedial tests, procedures or observations that have the purpose of promoting the life or health of an unborn infant or of the mother of an unborn infant; or

(b) Pathological study.

(5) "Fetal death" means the death of an unborn infant prior to expulsion or extraction from the unborn infant's mother, provided that the unborn infant reached a stage of development such that there are cartilaginous structures or fetal or skeletal parts. The unborn infant's death is indicated by the fact that, after such expulsion or extraction, the unborn infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.

(6) "Final disposition" means the burial, cremation or other legal disposition of a deceased unborn infant.

(7) "Miscarriage" means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. The infant's death is indicated by the fact that, after the expulsion or extraction of the unborn infant, the infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.

(8) "Pathological" means the examination of body tissue for diagnostic or forensic purposes and any related activities necessary to perform such a study. The term "study" includes any study or test, genetic or otherwise, to determine paternity or the cause of death.

(9) "Stillbirth" has the same meaning as provided in section 39-241, Idaho Code.

(10) "Unborn infant" has the same meaning as "fetus" and "unborn child" as provided in section 18-604, Idaho Code.

History:

[39-9303, added 2016, ch. 368, sec. 1, p. 1079.]
Idaho Code § 39-602 — Idaho Code / Title 39 / Chapter 6 / Section 39-602
39-602 REPORT OF VENEREAL DISEASE TO HEALTH AUTHORITIES.
Status: in_force

39-602. Report of venereal disease to health authorities. Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary or charitable or penal institution, in which there is a case of venereal disease, shall immediately make a report of such case to the department of health and welfare, according to such form and manner as the state board of health and welfare shall direct.

History:

[(39-602) 1921, ch. 200, sec. 2, p. 406; I.C.A., sec. 38-502; am. 1974, ch. 23, sec. 95, p. 633; am. 1990, ch. 143, sec. 2, p. 322.]
Idaho Code § 39-7402 — Idaho Code / Title 39 / Chapter 74 / Section 39-7402
39-7402 APPLICABILITY.
Status: in_force

39-7402. Applicability. (1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided.

(2) The requirements of this chapter do not apply to MSWLF units that ceased to accept waste on or prior to October 9, 1991.

(3) MSWLF units that receive waste after October 9, 1991, but stop receiving waste in conformance with the provisions of 40 CFR 258.1(d), are exempt from the requirements of this chapter, except as expressly provided herein.

(4) All MSWLF units that receive waste on or after October 9, 1993, must comply with all of the requirements of this chapter, unless otherwise allowed in 40 CFR 258.1(d), (e), or (f).

(5) MSWLF units failing to satisfy these standards shall cease operation and shall not accept solid waste for disposal by order of the department of environmental quality until provisions of this chapter are complied with, unless a compliance schedule or corrective action plan has been approved by the director of the department of environmental quality.

(6) MSWLF units failing to satisfy the requirements set forth in this chapter are considered open dumps for purposes of state solid waste management planning and are prohibited under section 4005 of RCRA.

(7) MSWLF units containing sewage sludge and which fail to satisfy the criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean water act.

History:

[39-7402, added 1992, ch. 331, sec. 1, p. 974; am. 1993, ch. 139, sec. 2, p. 344; am. 1994, ch. 75, sec. 2, p. 160; am. 2001, ch. 103, sec. 68, p. 304; am. 2026, ch. 7, sec. 4, p. 28.]
Idaho Code § 39-6803 — Idaho Code / Title 39 / Chapter 68 / Section 39-6803
39-6803 DEFINITIONS.
Status: in_force

39-6803. DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context:

(1) "Access restrictions" means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedestrians, and animals to contaminated areas.

(2) "Agricultural land" means land used for pasturing animals or for cultivation and production of agricultural crops, including conservation reserve activities.

(3) "Applicant" means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit.

(4) "Barrier" means any physical structure, material, or mechanism that acts to break the pathway between contaminants and human receptors, including but not limited to soil, crushed aggregate/gravel, asphalt and Portland cement concrete, fences, walls, floors, ceilings, access restrictions, or other structure or covering that separates contaminants from contact with people or keeps contaminants in place.

(5) "Board" means the Idaho board of environmental quality.

(6) "Building construction" means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard.

(7) "Building renovation" means construction activity to be performed on any existing structure involving ceiling or insulation removal, work in dirt crawl spaces or basements, or disturbance of soil in basements or crawl spaces in excess of one (1) cubic yard.

(8) "Commercial property" means retail, wholesale, and commercial businesses; public and common use areas; public buildings; and undeveloped properties accessed by a maintained road or street and zoned for commercial development.

(9) "Contaminants" means soil or other material containing, or likely to contain, concentrations of lead, arsenic, or cadmium as identified in the standards for contaminant management pursuant to this chapter.

(10) "Department" means the Idaho department of environmental quality.

(11) "Designee" means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement.

(12) "Developed recreation areas" means commercial and public recreation areas containing constructed features such as boat ramps, picnic areas, and campgrounds outside the city limits of incorporated communities in the Coeur d'Alene river corridor as defined under ICP administrative area for OU-3. The developed recreation areas of the trail of the Coeur d'Alenes includes all constructed trail surfaces, stop and views, oases, rest stops, and trailheads, exclusive of all undeveloped areas within the trail right-of-way.

(13) "Director" means the director of the Idaho department of environmental quality.

(14) "Disposal" means the placement of contaminants into an authorized repository.

(15) "Eligible properties" means residential properties and commercial properties within the institutional controls administrative areas for OU-1 and OU-2 that were maintained properties when the ROD for the OU was established, or maintained properties in OU-3 and existing as of March 27, 2007, and requiring remediation, but not yet remediated.

(16) "Excavation" means any digging, breaching, or disruption of soil or other protective barrier, not including cultivation of agricultural lands and gardens or mining activities regulated under other state and federal programs, that may release or expose contaminants to the environment.

(17) "ICP permit" means a permit for the contaminant management authorization for projects subject to this chapter.

(18) "Infrastructure" means facilities such as trails, roads, streets, highways, and bridges; stormwater, drinking water, and wastewater systems; flood prevention systems, including dikes and levees; and utilities, including electrical power and natural gas systems.

(19) "Large project" means a project where one (1) cubic yard or more of soil containing contaminants is disturbed or removed and also includes but is not limited to infrastructure construction and maintenance; building construction, renovation, and demolition; demolition of existing buildings and construction of subdivisions and planned unit developments (PUD); construction within and maintenance of right-of-ways; and land development or any change in the use of land that may result in the release or migration of contaminants.

(20) "Mining activities" means the recovery of a mineral from mineral-bearing deposits, which includes reclamation, extraction, excavation, overburden placement, disposal of tailings resulting from processing, and disposal of mineral extraction wastes, including tailings that are the result of extraction, waste rock, and other extraction wastes uniquely associated with mining.

(21) "OU-1" means the operable unit 1 for the institutional controls administrative area designated to include the twenty-one (21) square-mile area surrounding the former smelter complex, also referred to as the "Bunker Hill box." OU-1 includes the populated areas of the Bunker Hill box.

(22) "OU-2" means the operable unit 2 for the institutional controls administrative area designated to include the twenty-one (21) square-mile area surrounding the former smelter complex, also referred to as the "Bunker Hill box." OU-2 includes the non-populated areas of the Bunker Hill box.

(23) "OU-3" means the operable unit 3 for the institutional controls administrative area designated to include areas of mining-, milling-, and smelting-related contamination in the south fork of the Coeur d'Alene river corridor from its headwaters to the confluence with the north fork of the Coeur d'Alene river and from the confluence of the north and south fork to the mouth of the river and its confluence with Coeur d'Alene lake, including adjacent floodplains, tributaries, and fill areas. The area also includes the trail of the Coeur d'Alenes inside and outside the administrative boundary, except that portion within the exterior boundaries of the Coeur d'Alene Indian reservation. The area also includes areas in the Coeur d'Alene river corridor, as defined in this subsection, outside the administrative boundary where testing has verified that contaminants related to mining, milling, and smelting have come to lie and remediation is required. This area is also referred to as the "Coeur d'Alene basin." The area does not include any area within OU-1 or OU-2 or any other area excluded under this chapter.

(24) "Owner" means any person, partnership, or corporation having ownership, title, or dominion over property for which an ICP permit is required.

(25) "Record of compliance" means the record maintained pursuant to this chapter for small projects.

(26) "Record of decision" or "ROD" means the decision document identifying the selected remedy under CERCLA.

(27) "Release" means any excavation, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of contaminants into the environment.

(28) "Repository" means an authorized disposal location for contaminants that has been established by the department and the United States environmental protection agency.

(29) "Residential property" means property used by private individuals or families as a residence and undeveloped properties accessed by a maintained road or street and zoned for residential development.

(30) "Sensitive populations" means pregnant women and children up to twelve (12) years old.

(31) "Site" means the geographic area that includes the institutional controls administrative areas for OU-1, OU-2, and OU-3 within the Bunker Hill superfund site.

(32) "Small project" means a project where less than one (1) cubic yard of soil containing contaminants is disturbed or means interior work that is not building renovation.

(33) "Trail of the Coeur d'Alenes" means all developed recreation areas and undeveloped areas within the former Union Pacific railroad Mullan and Wallace branch right-of-way.

History:

[39-6803, added 2023, ch. 73, sec. 1, p. 242.]
Idaho Code § 39-4707 — Idaho Code / Title 39 / Chapter 47 / Section 39-4707
39-4707 DISTRIBUTION OF PROGRAM MATERIALS.
Status: in_force

39-4707. DISTRIBUTION of program materials. (1) The department may provide for, assist in, or authorize the printing of the standard medical information form as provided in section 39-4706, Idaho Code, and assembling of a yellow dot folder containing the medical information form and a yellow dot decal with an adhesive backing.

(2) Upon request, the department may provide yellow dot folders to the agencies and nonprofit organizations identified in section 39-4705, Idaho Code, subject to the limitations of resources for funding the program. The department may allow such agencies and organizations to copy the standard medical information form and assemble yellow dot folders for distribution to participants, or the department may authorize these agencies and organizations to prepare yellow dot folders for distribution.

(3) The department may also provide for dissemination of the medical information form and other yellow dot materials online.

(4) The department shall not charge any fee to participate in the yellow dot program.

History:

[39-4707, added 2020, ch. 283, sec. 1, p. 826.]
Idaho Code § 39-8202 — Idaho Code / Title 39 / Chapter 82 / Section 39-8202
39-8202 DEFINITIONS.
Status: in_force

39-8202. Definitions. As used in this chapter, the following terms shall mean:

(1) "Custodial parent," for the purposes of this chapter, means, in the absence of a court decree, the parent with whom the child resides.

(2) "Indian child" means any unmarried person who is under eighteen (18) years of age and is either:

(a) A member or citizen of an Indian tribe; or

(b) Eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(3) "Newborn safety device" means a device that is voluntarily installed in a supporting wall of a hospital, fire station, law enforcement agency, or medical services provider that is staffed twenty-four (24) hours per day and that has an exterior point of access allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to safely retrieve the newborn infant.

(4) "Safe haven" means:

(a) Hospitals licensed in the state of Idaho;

(b) Licensed physicians in the state of Idaho and staff working at their offices and clinics;

(c) Advanced practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners and certified registered nurse anesthetists licensed or registered pursuant to chapter 14, title 54, Idaho Code;

(d) Physician assistants licensed pursuant to chapter 18, title 54, Idaho Code;

(e) Medical personnel acting or serving in the capacity as a licensed provider, affiliated with a recognized Idaho EMS agency. For purposes of this act, "medical personnel" shall include those individuals certified by the Idaho military division as:

(i) First responders;

(ii) Emergency medical technicians – basic;

(iii) Advanced emergency medical technicians – ambulance;

(iv) Emergency medical technicians – intermediate; and

(v) Emergency medical technicians – paramedic; and

(f) A fire station operated by a city, a county, a tribal entity, a fire protection district or a volunteer fire department if there are personnel on duty.

History:

[(39-8202) 39-8102, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 69, p. 107; am. 2017, ch. 200, sec. 1, p. 502; am. 2024, ch. 115, sec. 1, p. 495; am. 2025, ch. 94, sec. 26, p. 473; am. 2025, ch. 127, sec. 1, p. 659.]
Idaho Code § 39-5305 — Idaho Code / Title 39 / Chapter 53 / Section 39-5305
39-5305 INSPECTIONS — RIGHT OF ENTRY.
Status: in_force

39-5305. Inspections — Right of entry. (1) Upon receiving information that a vulnerable adult is alleged to be maltreated, the commission or provider shall cause such investigation to be made in accordance with the provisions of this chapter as is appropriate. In making the investigation, the commission or provider shall use its own resources and may enlist the cooperation of peace officers. In an emergency, any authorized commission employee or provider shall enlist the cooperation of a peace officer to ensure the safety of the vulnerable adult and shall receive the peace officer's assistance. Assistance in an emergency may include entry on private or public property where a vulnerable adult is allegedly subject to abuse, neglect or exploitation, and the removal and transportation of the vulnerable adult to a medical facility, care-providing facility, or other appropriate and safe environment.

(2) In a nonemergency, any peace officer may cooperate with an authorized commission employee or provider in ensuring the safety of a vulnerable adult who has been abused, neglected or exploited, including a vulnerable adult living in a condition of self-neglect. Assistance shall be provided only with the consent of the vulnerable adult or his legal representative.

(3) For the purposes of implementing or enforcing any provision of this chapter or any rule authorized under the provisions of this chapter, any duly authorized commission employee or provider may, upon presentation of appropriate credentials at any reasonable time, with consent or in an emergency, enter upon any private or public property where a vulnerable adult allegedly is subject to maltreatment.

(4) All inspections and searches conducted under the provisions of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of Idaho. The state shall not, under the authority granted in this chapter, conduct warrantless administrative searches of private property except with consent, or in an emergency.

(5) If consent to entry is not given, a commission employee or provider with the assistance of the county prosecutor may obtain, and any magistrate or district judge is authorized to issue, a search warrant upon showing that probable cause exists to believe a vulnerable adult is subject to maltreatment. Upon request of a commission employee or provider, a peace officer shall serve the search warrant.

History:

[39-5305, added 1991, ch. 329, sec. 6, p. 851; am. 1996, ch. 78, sec. 4, p. 249; am. 1998, ch. 308, sec. 6, p. 1023; am. 2019, ch. 43, sec. 5, p. 119; am. 2023, ch. 158, sec. 6, p. 432.]
Idaho Code § 39-416 — Idaho Code / Title 39 / Chapter 4 / Section 39-416
39-416 RULES ADOPTED BY DISTRICT BOARD — PROCEDURE.
Status: in_force

39-416. Rules adopted by district board — Procedure. (1) The district board by the affirmative vote of a majority of its members may adopt, amend or rescind rules and standards as it deems necessary to carry out the purposes and provisions of this act.

(2) Every rule or standard adopted, amended, or rescinded by the district board shall be done in a manner conforming to the provisions of chapter 52, title 67, Idaho Code.

(3) At the same time that proposed rules are transmitted to the director of legislative services, they shall be submitted for review and comment to the board of county commissioners of each county within the public health district's jurisdiction. If the rules relate to environmental protection or programs administered by the department of environmental quality, the rules shall also be submitted for review and comment to the state board of environmental quality. All other rules that do not relate to environmental protection or programs administered by the department of environmental quality shall be submitted for review and comment to the state board of health and welfare. The state board of health and welfare, or the state board of environmental quality, shall, within seventy-five (75) days of receipt of a district board's proposed rules, disapprove of the adoption of the rules if, on the advice of the attorney general, such rules would be in conflict with state laws or rules. The state board of health and welfare, or the state board of environmental quality, shall immediately advise the district board as to the reason for the disapproval.

(4) This section does not apply to measures adopted for the internal operation of the district board or for federal programs where the regulations are established by the federal government but shall apply to all measures affecting the public at large or any identifiable segment thereof.

(5) Public health districts shall have all proposed rules regarding environmental protection or programs administered by the department of environmental quality submitted for review and comment to the state board of environmental quality and such rules must be approved by adoption of a concurrent resolution by both houses of the legislature or such rules shall expire at the conclusion of a regular session of the legislature. It is the intent of the legislature that standards and rules relating to subsurface sewage systems, wastewater treatment, sewage systems and water quality be consistent statewide.

History:

[39-416, added 1970, ch. 90, sec. 11, p. 218; am. 1973, ch. 29, sec. 8, p. 56; am. 1974, ch. 23, sec. 72, p. 633; am. 1976, ch. 179, sec. 4, p. 648; am. 1986, ch. 17, sec. 1, p. 58; am. 1993, ch. 296, sec. 1, p. 1094; am. 1999, ch. 61, sec. 3, p. 160; am. 2010, ch. 24, sec. 1, p. 43; am. 2010, ch. 310, sec. 1, p. 830.]
Idaho Code § 39-5002 — Idaho Code / Title 39 / Chapter 50 / Section 39-5002
39-5002 DEFINITIONS.
Status: in_force

39-5002. Definitions. For purposes of this chapter:

(1) "Displaced homemaker" means a person who:

(a) Has worked in the home providing household services for family members, but who has lost the primary source of economic support and who must gain employment skills in order to earn a living; or

(b) Is a single parent with primary financial and custodial responsibility for supporting dependent children and who must gain employment skills in order to earn a living.

(2) "Administrator" means the administrator of the division of career technical education.

History:

[(39-5002) 39-4902, added 1994, ch. 283, sec. 2, p. 884; am. and redesig. 1999, ch. 329, sec. 23, p. 863; am. 2000, ch. 292, sec. 1, p. 1008; am. 2016, ch. 25, sec. 37, p. 56.]
Idaho Code § 39-3404 — Idaho Code / Title 39 / Chapter 34 / Section 39-3404
39-3404 WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH.
Status: in_force

39-3404. Who may make anatomical gift before donor's death. Subject to section 39-3408, Idaho Code, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 39-3405, Idaho Code, by:

(1) The donor, if the donor is an adult or if the donor is a minor and is:

(a) Emancipated; or

(b) At least fifteen (15) years of age, provided however, that if the donor is fifteen (15) years of age or older and less than eighteen (18) years of age, a parent or an adult guardian must consent in writing in the presence of the donor.

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is an unemancipated minor; or

(4) The donor's guardian.

History:

[39-3404, added 2007, ch. 30, sec. 2, p. 63; am. 2018, ch. 191, sec. 1, p. 417.]
Idaho Code § 39-8705 — Idaho Code / Title 39 / Chapter 87 / Section 39-8705
39-8705 PLEADING REQUIREMENTS.
Status: in_force

39-8705. Pleading requirements. (1) In any action exempted pursuant to section 39-8703(1), Idaho Code, the complaint initiating such action shall state with particularity the following:

(a) The statute, rule, regulation or other law of Idaho or the United States that was allegedly violated;

(b) The facts that are alleged to constitute a material violation of such law; and

(c) The facts that are alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.

(2) In any action exempted pursuant to section 39-8703(2), Idaho Code, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was done with the intent to deceive or injure consumers or with actual knowledge that such violation was injurious to consumers.

History:

[39-8705, added 2004, ch. 380, sec. 1, p. 1142.]
Idaho Code § 39-260 — Idaho Code / Title 39 / Chapter 2 / Section 39-260
39-260 REGISTRATION OF DEATHS AND STILLBIRTHS.
Status: in_force

39-260. Registration of deaths and stillbirths. (1) A certificate of each death which occurs in this state shall be filed with the local registrar of the district in which the death occurs, or as otherwise directed by the state registrar, within five (5) days after the occurrence. However, the board shall, by rule and upon such conditions as it may prescribe to assure compliance with the purposes of the vital statistics act, provide for the filing of death certificates without medical certifications of cause of death in cases in which compliance with the applicable prescribed period would result in undue hardship; but provided, however, that medical certifications of cause of death shall be provided by the certifying physician, physician assistant, advanced practice registered nurse or coroner to the vital statistics unit within fifteen (15) days from the filing of the death certificate. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for. When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where the body is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined. If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation.

The person in charge of interment or of removal of the body from the district shall be responsible for obtaining and filing the certificate. Said person shall obtain the required information from the following persons, over their respective signatures:

(a) Personal data shall be supplied by the person best qualified to supply them; and

(b) Except as otherwise provided, medical data shall be supplied by the physician, physician assistant or advanced practice registered nurse who attended the deceased during the last illness, who shall certify to the cause of death according to his best knowledge, information and belief within seventy-two (72) hours from time of death. In the absence of the attending physician, physician assistant or advanced practice registered nurse or with said person's approval the certificate may be completed and signed by said person's associate, who must be a physician, physician assistant or advanced practice registered nurse, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes.

(2) The person in charge of interment or of removal of the body from the district shall refer the following cases to the coroner who shall make an immediate investigation, supply the necessary medical data, and certify to the cause of death:

(a) When no physician, physician assistant or advanced practice registered nurse was in attendance during the last illness of the deceased;

(b) When the circumstances suggest that the death occurred as a result of other than natural causes; or

(c) When death is due to natural causes and the physician, physician assistant or advanced practice registered nurse who attended the deceased during the last illness or said person's designated associate who must be a physician, physician assistant or advanced practice registered nurse, is not available or is physically incapable of signing.

(3) When a death is presumed to have occurred within this state but the body cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a court of record of this state, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "presumptive" and shall show on its face the date of registration and shall identify the court and the date of decree.

(4) Each stillbirth, defined as a spontaneous fetal death of twenty (20) completed weeks gestation or more, based on a clinical estimate of gestation, or a weight of three hundred fifty (350) grams (twelve and thirty-five hundredths (12.35) ounces) or more, which occurs in this state shall be registered on a certificate of stillbirth within five (5) days after delivery with the local registrar of the district in which the stillbirth occurred. All induced terminations of pregnancy shall be reported in the manner prescribed in section 39-261, Idaho Code, and shall not be reported as stillbirths. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.

(a) When a stillbirth occurs in an institution, the person in charge of the institution or a designated representative shall prepare the certificate, obtain the signature of the physician, physician assistant or advanced practice registered nurse in attendance, except as otherwise provided in subsection (5) of this section, who shall provide the medical data, and forward the certificate to the mortician or person acting as such. In the absence of the attending physician, physician assistant or advanced practice registered nurse or with said person's approval the certificate may be completed and signed by said person's associate, who must be a physician, physician assistant or advanced practice registered nurse, the chief medical officer of the institution in which the stillbirth occurred, or the physician who performed an autopsy on the stillborn fetus, provided such individual has access to the medical history of the case and views the fetus at or after stillbirth. The mortician or person acting as such shall provide the disposition information and file the certificate with the local registrar.

(b) When a stillbirth occurs outside an institution, the mortician or person acting as such shall complete the certificate, obtain the medical data from and signature of the attendant at the stillbirth, except as otherwise provided in subsection (5) of this section, and file the certificate. If the attendant at or immediately after the stillbirth is not a physician, physician assistant or advanced practice registered nurse, the coroner shall investigate and sign the certificate of stillbirth.

(c) When a stillbirth occurs in a moving conveyance in the United States and the stillborn fetus is first removed from the conveyance in this state, the stillbirth shall be registered in this state and the place where the stillborn fetus is first removed shall be considered the place of stillbirth. When a stillbirth occurs in a moving conveyance while in international airspace or in a foreign country or its airspace and the stillborn fetus is first removed from the conveyance in this state, the stillbirth shall be registered in this state but the certificate shall show the actual place of stillbirth insofar as can be determined.

(d) When a stillborn fetus is found in this state and the place of stillbirth is unknown, it shall be reported in this state. The place where the stillborn fetus was found shall be considered the place of stillbirth.

(e) The name of the father shall be entered on the certificate of stillbirth as provided by section 39-255, Idaho Code.

(5) The person responsible for the preparation or completion of the stillbirth certificate as stated in subsection (4)(a) and (b) of this section shall refer the following cases to the coroner who shall make an immediate investigation, supply the necessary medical data and certify to the cause of stillbirth:

(a) When the circumstances suggest that the stillbirth occurred as a result of other than natural causes, excepting legally induced abortions, as defined by section 39-241, Idaho Code; or

(b) When death is due to natural causes and the physician, physician assistant or advanced practice registered nurse in attendance at or immediately after the stillbirth or said person's designated associate is not available or is physically incapable of signing.

History:

[(39-260) 1949, ch. 72, sec. 18, p. 117; am. 1972, ch. 111, sec. 1, p. 226; am. and redesignated 1983, ch. 7, sec. 20, p. 34; am. 1995, ch. 28, sec. 2, p. 44; am. 2002, ch. 277, sec. 2, p. 811; am. 2007, ch. 244, sec. 1, p. 719; am. 2014, ch. 45, sec. 2, p. 119.]
Idaho Code § 39-8903 — Idaho Code / Title 39 / Chapter 89 / Section 39-8903
39-8903 TEST METHOD AND PERFORMANCE STANDARD.
Status: in_force

39-8903. Test method and performance standard. (1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with section 39-8904, Idaho Code, and the cigarettes have been marked in accordance with section 39-8905, Idaho Code.

(a) Testing of cigarettes shall be conducted in accordance with the American society of testing and materials (ASTM) standard E2187-04, "standard test method for measuring the ignition strength of cigarettes."

(b) Testing shall be conducted on ten (10) layers of filter paper.

(c) No more than twenty-five percent (25%) of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty (40) replicate tests shall comprise a complete test trial for each cigarette tested.

(d) The performance standard required in this section shall only be applied to a complete test trial.

(e) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization (ISO), or other comparable accreditation standard required by the state fire marshal.

(f) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.

(g) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.

(h) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required in this section shall be conducted in accordance with this section.

(2) Each cigarette listed in a certification submitted pursuant to section 39-8904, Idaho Code, that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one (1) complete band shall be located at least fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column, or ten (10) millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.

(3) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in paragraph (1)(a) of this section shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (1)(c) of this section, the manufacturer may employ that test method and performance standard to certify the cigarette pursuant to section 39-8904, Idaho Code. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to the manufacturer.

(4) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available.

(5) The state fire marshal may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM standard E2187-04 and the performance standard in subsection (1)(c) of this section.

(6) The state fire marshal shall review the effectiveness of this section and report the state fire marshal's findings every three (3) years to the legislature and, if appropriate, make recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three (3) year period.

(7) The requirements of subsection (1) of this section shall not prohibit:

(a) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after the effective date of this chapter if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to the effective date and the wholesale or retail dealer can establish that the inventory was purchased prior to the effective date in comparable quantity to the inventory purchased during the same period of the prior year; or

(b) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of those cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment.

(8) This chapter shall be implemented in accordance with the implementation and substance of the New York fire safety standards for cigarettes.

History:

[39-8903, added 2008, ch. 278, sec. 1, p. 793.]