Idaho Code § 39-4801 — Idaho Code / Title 39 / Chapter 48 / Section 39-4801
39-4801 IMMUNIZATION — EXEMPTIONS.
Status: in_force

39-4801. Immunization — exemptions. (1) Except as provided in subsections (5) and (6) of this section, any child in Idaho of school age may attend preschool and kindergarten through grade twelve (12) of any public, private, or parochial school operating in this state if otherwise eligible, provided that, upon admission, the parent or guardian shall provide an immunization record to the school authorities regarding the child's immunity to certain childhood diseases. This record, signed by a physician, the physician's representative, or another licensed health care professional, shall verify that such child has received or is in the process of receiving immunizations as specified by this section or can effectively demonstrate, through verification in a form approved by the department of health and welfare, immunity gained through prior contraction of the disease.

(2) The manner and frequency of administration of age appropriate immunizations pursuant to this subsection shall conform to recognized standard medical practices in the state:

(a) All children require the following:

(i) Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) vaccine, five (5) doses;

(ii) Hepatitis A vaccine, two (2) doses;

(iii) Hepatitis B vaccine, three (3) doses;

(iv) Measles, Mumps, and Rubella (MMR) vaccine, two (2) doses;

(v) Polio vaccine, four (4) doses; and

(vi) Varicella vaccine, two (2) doses.

(b) In addition to the criteria listed in paragraph (a) of this subsection, the following must be met for admission into the seventh grade:

(i) Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) Booster, one (1) dose; and

(ii) Meningococcal vaccine, one (1) dose.

(c) In addition to the criteria listed in paragraphs (a) and (b) of this subsection, prior to admission into the twelfth grade, students who received their first dose of meningococcal vaccine before sixteen (16) years of age must have two (2) doses of meningococcal vaccine, and students who received their first dose of meningococcal vaccine at sixteen (16) years age of older, or those who have never received a dose, must have one (1) dose of meningococcal vaccine.

(3) A student not meeting the conditions of this section shall be excluded by school authorities, and such students may not attend any Idaho public, private, or parochial school until the student is in compliance. A student exempted under subsections (5) or (6) of this section may be excluded by the department in the event of a disease outbreak.

(4) School authorities shall submit a report of the school's immunization status by grade to the department on or before November 1 each year, including the following information:

(a) Inclusive dates or reporting period;

(b) Name and address of school, school district, and county;

(c) Grade being reported and total number of students enrolled in the grade;

(d) Name and title of the person completing the report form;

(e) Number of students who meet all of the immunizations criteria;

(f) Number of students who do not meet the specified number of immunizations listed by specific immunization type;

(g) Number of students who do not meet the immunization criteria but are in the process of receiving the immunizations; and

(h) Number of students who claimed exemption to the immunizations.

(5) Any minor child whose parent or guardian has submitted to school officials a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the immunizations would endanger the life or health of the child shall be exempt from the provisions of this chapter.

(6) Any minor child whose parent or guardian has submitted a signed statement to school officials stating their objections on religious or other grounds shall be exempt from the provisions of this chapter.

(7) School officials shall describe the exemptions provided in this section and provide a citation to this section in any communication to parents and guardians regarding immunization.

(8) Any student of majority age who submits a signed statement to school officials stating the student's objections on religious or other grounds shall be exempt from any or all immunization criteria at every public, private, or parochial school in this state, including postsecondary, trade, college, university, or any other institute of primary, secondary, or higher learning.

History:

[(39-4801) 1978, ch. 240, sec. 1, p. 624; am. and redesignated 1979, ch. 313, sec. 1, p. 845; am. 1991, ch. 251, sec. 1, p. 619; am. 1992, ch. 102, sec. 1, p. 321; am. 2011, ch. 212, sec. 1, p. 599; am. 2021, ch. 263, sec. 1, p. 810; am. 2025, ch. 174, sec. 2, p. 820.]
Idaho Code § 39-309 — Idaho Code / Title 39 / Chapter 3 / Section 39-309
39-309 PAYMENT FOR TREATMENT — FINANCIAL ABILITY OF PATIENTS.
Status: in_force

39-309. Payment for treatment — Financial ability of patients. (1) An individual receiving substance use disorder services through the department shall be responsible for paying for the services received. The financial responsibility for each service shall be based on the individual's ability to pay as determined by the department.

(2) If treatment is provided by the department and the patient has not paid the charge for the treatment, the department is entitled to any income or payment received by the patient or to which he may be entitled for the services rendered, and to any payment from any public or private source available to the department because of the treatment provided to the patient.

(3) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the department for the cost of transportation, maintenance and treatment of the patient therein in accordance with rates established by the department.

History:

[39-309, added 1975, ch. 149, sec. 1, p. 376; am. 1976, ch. 98, sec. 4, p. 419; am. 2025, ch. 110, sec. 9, p. 581; am. 2025, ch. 178, sec. 11, p. 846; am. 2026, ch. 251, sec. 10, p. 1061.]
Idaho Code § 39-5303A — Idaho Code / Title 39 / Chapter 53 / Section 39-5303A
39-5303A LIMITED EXEMPTION FROM DUTY TO REPORT FOR FACILITIES AND SKILLED NURSING FACILITIES.
Status: in_force

39-5303A. limited Exemption from duty to report for facilities and skilled nursing facilities. (1) The requirements set forth in section 39-5303, Idaho Code, pertaining to the reporting of vulnerable adult maltreatment to the commission or the department shall not apply to situations involving resident-to-resident contact within facilities or skilled nursing facilities that serve vulnerable adults, except in those cases involving sexual abuse, death, or serious physical injury that jeopardizes the life, health, or safety of a vulnerable adult or repeated resident-to-resident physical or verbal altercations, not resulting in observable physical or mental injury, but constituting an ongoing pattern of resident behavior that a facility's staff are unable to remedy through reasonable efforts.

(2) This exemption applies only to reports involving resident-to-resident abuse that are to be directed to the commission or the department pursuant to section 39-5303, Idaho Code. This exemption shall not limit any other reporting obligation or requirement whether statutory or otherwise.

History:

[39-5303A, added 2000, ch. 104, sec. 1, p. 232; am. 2023, ch. 158, sec. 4, p. 431.]
Idaho Code § 39-8701 — Idaho Code / Title 39 / Chapter 87 / Section 39-8701
39-8701 SHORT TITLE.
Status: in_force

39-8701. Short title. This chapter shall be known and may be cited as the "Idaho Commonsense Consumption Act."

History:

[39-8701, added 2004, ch. 380, sec. 1, p. 1141.]
Idaho Code § 39-3617 — Idaho Code / Title 39 / Chapter 36 / Section 39-3617
39-3617 DESIGNATION OF OUTSTANDING RESOURCE WATERS.
Status: in_force

39-3617. Designation of outstanding resource waters. Any person may request, in writing to the board of environmental quality, that a stream segment may be considered for designation as an outstanding resource water. The board shall recommend to the legislature those stream segments the board proposes for designation as outstanding resource waters. The legislature shall determine by law which such stream segments to designate as outstanding resource waters. Stream segments so designated shall be included in a list of outstanding resource waters to be compiled and updated by the department of environmental quality in its rules governing water quality standards. Interim status or special protection shall not be provided to streams recommended by the board prior to legislative designation as an outstanding resource water. No state agency shall delay actions, or deny or delay the processing or approval of any permit for a nonpoint source activity based on nomination of a segment for designation as an outstanding resource water, or while the legislature is considering such designation.

History:

[39-3617, added 1995, ch. 352, sec. 1, p. 1175; am. 2001, ch. 103, sec. 33, p. 279.]
Idaho Code § 39-9305 — Idaho Code / Title 39 / Chapter 93 / Section 39-9305
39-9305 MISCARRIAGE CERTIFICATES.
Status: in_force

39-9305. miscarriage certificates. The state registrar of vital statistics shall establish such forms and procedures as are necessary to file miscarriage certificates for unborn infants whose death occurred as a result of miscarriage. The filing of a miscarriage certificate shall be voluntary at the request of the unborn infant's parent or parents and shall be filed only if the miscarriage is certified by a physician, a physician's assistant or an advanced practice registered nurse.

History:

[39-9305, added 2016, ch. 368, sec. 1, p. 1080.]
Idaho Code § 39-4704 — Idaho Code / Title 39 / Chapter 47 / Section 39-4704
39-4704 AUTHORIZATION AND FUNDING.
Status: in_force

39-4704. AUTHORIZATION AND FUNDING. (1) The department is authorized to develop and assist in the implementation of the yellow dot program.

(2) The department may accept donations and grants from any source, including eligible federal safety funds, to pay the expenses the department in the development and implementation of the yellow dot program.

History:

[39-4704, added 2020, ch. 283, sec. 1, p. 825.]
Idaho Code § 39-4509 — Idaho Code / Title 39 / Chapter 45 / Section 39-4509
39-4509 STATEMENT OF POLICY — DEFINITION.
Status: in_force

39-4509. Statement of policy — Definition. For purposes of sections 39-4509 through 39-4515, Idaho Code:

(1) The legislature recognizes the established common law and the fundamental right of competent persons to control the decisions relating to the rendering of their health care, including the decision to have artificial life-sustaining treatment withheld or withdrawn. The legislature further finds that modern medical technology has made possible the artificial prolongation of human life beyond natural limits. The legislature further finds that persons are sometimes unable to express their desire to withhold or withdraw such artificial life-sustaining treatment that provides nothing medically necessary or beneficial to the person because of the person's inability to communicate with the attending licensed independent practitioner.

(2) In recognition of the dignity and privacy that persons have a right to expect, the legislature hereby declares that the laws of this state shall recognize the right of a competent person to have his or her wishes for health care services and for the withdrawal of artificial life-sustaining treatment carried out even though that person is no longer able to communicate with the attending licensed independent practitioner.

(3) It is the intent of the legislature to establish an effective means for such communication. It is not the intent of the legislature that the procedures described in sections 39-4509 through 39-4515, Idaho Code, are the only effective means of such communication, and nothing in sections 39-4509 through 39-4515, Idaho Code, shall impair or supersede any legal right or legal responsibility that a person may have to effect the withholding or withdrawal of artificial life-sustaining treatment in any lawful manner, provided that this sentence shall not be construed to authorize any violation of section 39-4514(3), Idaho Code. Any authentic expression of a person's wishes with respect to health care services should be honored.

(4) "Competent person" means any person who meets the requirements of section 39-4503, Idaho Code.

History:

[(39-4509) 39-4508, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 9, p. 584; am. 2012, ch. 302, sec. 7, p. 829; am. 2012, ch. 305, sec. 1, p. 844; am. 2023, ch. 307, sec. 9, p. 927.]
Idaho Code § 39-3508 — Idaho Code / Title 39 / Chapter 35 / Section 39-3508
39-3508 ASSESSMENT.
Status: in_force

39-3508. Assessment. (1) The department shall employ uniform assessment criteria to assess residents accessing services through a publicly funded program according to the criteria developed to assess all participants within that respective program.

(2) The care provider shall employ uniform assessment criteria to assess private pay residents.

(3) The department and the advisory council established in section 39-3511, Idaho Code, shall jointly develop assessment criteria for all assessment types, including those used in publicly funded programs and those used for private pay residents. The conclusions shall be deemed the assessment and shall be used to ensure appropriate placement.

History:

[39-3508, added 2024, ch. 63, sec. 13, p. 319.]
Idaho Code § 39-3904 — Idaho Code / Title 39 / Chapter 39 / Section 39-3904
39-3904 INITIATION OF PROCEEDING.
Status: in_force

39-3904. Initiation of proceeding. A person subject to this chapter or any interested person may file a petition in the district court in which the person subject to this chapter resides, alleging that said person meets the requirements for sterilization.

History:

[39-3904, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-6007 — Idaho Code / Title 39 / Chapter 60 / Section 39-6007
39-6007 CHILDREN'S TRUST FUND — CREATION.
Status: in_force

39-6007. Children's trust fund — Creation. (1) There is hereby created in the state treasury the children's trust fund.

(2) The fund shall consist of:

(a) Moneys appropriated to the fund;

(b) Moneys as provided in section 63-3067A, Idaho Code;

(c) Donations, gifts, grants and other moneys from any source; and

(d) Any other moneys which may hereafter be provided by law.

(3) Moneys in the fund may be expended for purposes provided in this chapter, provided that the children's trust fund advisory board is authorized to expend up to fifty percent (50%) of the moneys generated annually pursuant to section 63-3067A, Idaho Code. Interest earned on the investment of idle money in the children's trust fund shall be returned to the children's trust fund.

(4) Disbursements of moneys from the fund shall be on the authorization of the children's trust fund board or a duly authorized representative of the board.

(5) After the balance in the children's trust fund has reached two million five hundred thousand dollars ($2,500,000), no further collections shall be received by the state tax commission, and all references to the fund shall be deleted from income tax forms.

History:

[39-6007, added 1985, ch. 31, sec. 2, p. 62; am. 1987, ch. 337, sec. 4, p. 711; am. 2002, ch. 292, sec. 7, p. 843; am. 2005, ch. 342, sec. 1, p. 1069; am. 2014, ch. 52, sec. 4, p. 130.]
Idaho Code § 39-8612 — Idaho Code / Title 39 / Chapter 86 / Section 39-8612
39-8612 OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED.
Status: in_force

39-8612. Operation without certificate may be enjoined. Whenever any conveyance is being operated without a certificate required by this chapter, the administrator may apply to the district court of the county in which the conveyance is located for a temporary restraining order or a temporary or permanent injunction restraining the operation of the conveyance until the division issues a certificate to operate. Notwithstanding any other provision of law, the division shall not be required to post a bond.

History:

[39-8612, added 2004, ch. 359, sec. 1, p. 1071.]
Idaho Code § 39-102A — Idaho Code / Title 39 / Chapter 1 / Section 39-102A
39-102A LEGISLATIVE INTENT IN CREATING DEPARTMENT OF ENVIRONMENTAL QUALITY.
Status: in_force

39-102A. Legislative intent in creating department of environmental quality. The legislature finds and declares that:

(1) The creation and establishment of the department of environmental quality to protect human health and the environment as its sole mission is in the public's interest;

(2) That protecting environmental values including, but not limited to, clean air, water and soil, reducing or eliminating environmental pollution arising from human activities, ensuring the proper treatment, storage and disposal of hazardous wastes and ensuring the proper cleanup and restoration of existing natural resources are vital interests of the state of Idaho;

(3) That it is in the interest of the state and its citizens to establish a department of environmental quality to carry out programs to protect human health and the environment, to enforce environmental laws and develop pollution prevention, compliance assistance and other environmental incentive programs;

(4) That the goals to protect human health and the environment can be best achieved by vesting responsibility for environmental protection as specified herein in a state department which has as its sole mission, protection for human health and the environment for the state of Idaho and its residents; and

(5) The legislature further intends that environmental quality programs be promulgated and managed such that the benefits of pollution control measures have a reasonable relationship to the public health costs, private property rights, environmental, economic and energy impacts of such measures, provided that this section does not require the preparation of any economic, environmental or other statement.

History:

[39-102A, added 2000, ch. 132, sec. 4, p. 314; am. 2025, ch. 47, sec. 5, p. 224.]
Idaho Code § 39-6317 — Idaho Code / Title 39 / Chapter 63 / Section 39-6317
39-6317 SEVERABILITY.
Status: in_force

39-6317. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[39-6317, added 1988, ch. 341, sec. 1, p. 1019.]
Idaho Code § 39-5308 — Idaho Code / Title 39 / Chapter 53 / Section 39-5308
39-5308 INTERAGENCY COOPERATION.
Status: in_force

39-5308. Interagency cooperation. (1) In performing the duties set forth in this chapter, the commission or provider may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions, and local health directors and may utilize any other public or private agencies, groups, or individuals who are appropriate and who may be available. Interagency cooperation shall include the involvement, when appropriate, of law enforcement personnel, department personnel, medical personnel, and any other person or entity deemed necessary due to specialized training in providing services to vulnerable adults. Interagency cooperation may also include access to client information necessary for the provision of services to vulnerable adults.

(2) The commission shall provide to the department on at least a quarterly basis a listing of all alleged perpetrators associated with substantiated allegations of vulnerable adult maltreatment.

(3) The department shall provide to the commission or provider any report of vulnerable adult maltreatment received under this chapter from a skilled nursing facility.

(4) The commission or provider shall provide the department with any report received under this chapter involving allegations of maltreatment occurring in a skilled nursing facility.

(5) The commission, providers, and the department shall conduct a joint investigation and share client and facility information when necessary.

History:

[(39-5308) 1982, ch. 286, sec. 2, p. 737; am. and redesig. 1991, ch. 329, sec. 10, p. 853; am. 1996, ch. 78, sec. 6, p. 251; am. 1998, ch. 308, sec. 8, p. 1024; am. 2000, ch. 274, sec. 121, p. 858; am. 2019, ch. 43, sec. 7, p. 121; am. 2023, ch. 158, sec. 9, p. 434.]
Idaho Code § 39-9103 — Idaho Code / Title 39 / Chapter 91 / Section 39-9103
39-9103 DEFINITIONS.
Status: in_force

39-9103. DEFINITIONS. (1) "Behavioral health" means an integrated or combined system for evaluation and treatment of mental health and substance use disorders.

(2) "Behavioral health community crisis center" or "crisis center" means a voluntary outpatient facility operated twenty-four (24) hours a day, seven (7) days a week and three hundred sixty-five (365) days a year to provide evaluation, intervention and referral for individuals experiencing a crisis due to a behavioral health condition. The facility may not provide services to a client for more than twenty-three (23) hours and fifty-nine (59) minutes in a single episode of care.

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

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

(5) "Region" means the administrative regions as defined by the department of health and welfare. Two (2) or more regions may consolidate for the purposes of this chapter. For the purposes of this chapter, regions will be consistent with judicial districts.

History:

[39-9103, added 2014, ch. 131, sec. 1, p. 365.]
Idaho Code § 39-1348 — Idaho Code / Title 39 / Chapter 13 / Section 39-1348
39-1348 WARRANTS — INABILITY TO PAY — INDORSEMENT.
Status: in_force

39-1348. Warrants — Inability to pay — Indorsement. When any warrant is presented to the district treasurer for payment, and the same is not paid for want of funds, the treasurer must endorse on the back of said warrant, "not paid for want of funds," and shall write thereon the day of presentation and sign his name thereto, and warrants so endorsed by the treasurer shall draw interest at a rate established by the board of the hospital district from the date of endorsement until paid.

History:

[39-1348, added 1965, ch. 173, sec. 31, p. 340; am. 1980, ch. 61, sec. 6, p. 121.]
Idaho Code § 39-413 — Idaho Code / Title 39 / Chapter 4 / Section 39-413
39-413 DISTRICT HEALTH DIRECTOR — APPOINTMENT — POWERS AND DUTIES.
Status: in_force

39-413. District health director — Appointment — Powers and duties. A district health director shall be appointed by the district board and shall receive compensation as determined by the district board. The director shall have and exercise the following powers and duties in addition to all other powers and duties inherent in the position or delegated to him or imposed upon him by law or rule, regulation, or ordinance:

(1) To be secretary and administrative officer of the district board of health;

(2) To prescribe such rules and regulations, consistent with the requirements of this chapter, as may be necessary for the government of the district, for the conduct and duties of the district employees, for the orderly and efficient handling of business, and for the custody, use, and preservation of the records, papers, books, and property belonging to the public health district;

(3) To administer oaths for all purposes required in the discharge of his duties;

(4) With the approval of the district board, to:

(a) Prescribe the positions and the qualifications of all personnel under the district health director on a nonpartisan merit basis in accordance with the objective standards approved by the district board. This shall be the exclusive responsibility of the district health director, with the approval of the board, and no state official, elected or otherwise, or agency shall have any power to disapprove or interfere with the performance by the director and the board of this duty or to delay such performance in any way.

(b) Establish a personnel system to support rates of pay for appointments, promotions, demotions, and separations and to perform such other personnel actions as are needed. This shall be the exclusive responsibility of the district health director, with the approval of the board, and no state official, elected or otherwise, or agency shall have any power to disapprove or interfere with the performance by the director and the board of this duty or to delay such performance in any way.

(c) Create such units and sections as are or may be necessary for the proper and efficient functioning of the duties herein imposed.

History:

[39-413, added 1970, ch. 90, sec. 6, p. 218; am. 1972, ch. 159, sec. 2, p. 352; am. 1973, ch. 29, sec. 5, p. 56; am. 1974, ch. 23, sec. 70, p. 633; am. 1976, ch. 179, sec. 2, p. 646; am. 1982, ch. 133, sec. 1, p. 380; am. 1986, ch. 63, sec. 4, p. 182; am. 2021, ch. 336, sec. 4, p. 1022; am. 2022, ch. 37, sec. 1, p. 98.]
Idaho Code § 39-903 — Idaho Code / Title 39 / Chapter 9 / Section 39-903
39-903 OCULAR ANTIBIOTIC PROPHYLAXIS TO BE APPLIED TO EYES OF NEWBORN BABY.
Status: in_force

39-903. ocular antibiotic prophylaxis to be APPLIED TO eyes of newborn baby. Except as otherwise provided in this chapter, physicians and midwives shall apply ocular antibiotic prophylaxis to the eyes of a newborn for the prevention of gonococcal ophthalmia neonatorum in accordance with the guidelines of the centers for disease control and prevention and the United States preventive services task force as standard medical practice in Idaho.

History:

[39-903, added 2025, ch. 45, sec. 9, p. 217.]
Idaho Code § 39-3602 — Idaho Code / Title 39 / Chapter 36 / Section 39-3602
39-3602 DEFINITIONS.
Status: in_force

39-3602. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:

(1) "Applicable water quality standard" means those water quality standards identified in the rules of the department.

(2) "Attainable" beneficial uses means uses that can be achieved by the implementation of required effluent limits for point sources and cost-effective and reasonable best management practices for nonpoint sources.

(3) "Best management practice" means practices, techniques or measures developed, or identified, by the designated agency and identified in the state water quality management plan which are determined to be a cost-effective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals.

(4) "Board" means the board of environmental quality.

(5) "Consult" or "consultation" with basin advisory groups and watershed advisory groups, when not otherwise defined in this chapter, means that the director shall:

(a) Upon request, provide the groups with all available information in the possession of the department concerning the subject of the consultation;

(b) Utilize the knowledge, expertise, experience and information of the groups in making the determination that is the subject of the consultation; and

(c) Consider the groups' recommendations regarding the determination that is the subject of the consultation.

(6) "Control strategies" means cost-effective actions in TMDL implementation plans to control the discharge of pollutants that can reasonably be taken to improve the water quality within the physical, operational, economic and other constraints that affect individual enterprises and communities.

(7) "Degradation" or "lower water quality" means, for purposes of antidegradation review, a change in a pollutant that is adverse to designated or existing uses, as calculated for a new point source, and based upon monitoring or calculated information for an existing point source increasing its discharge. Such degradation shall be calculated or measured after appropriate mixing of the discharge and receiving water body.

(8) "Department" means the department of environmental quality.

(9) "Designated agency" means the department of lands for timber harvest activities, for oil and gas exploration and development and for mining activities; the soil and water conservation commission for grazing activities and for agricultural activities; the transportation department for public road construction; the department of agriculture for aquaculture; and the department of environmental quality for all other activities.

(10) "Designated use or designated beneficial use" means those uses assigned to waters as identified in the rules of the department whether or not the uses are being attained. The department may adopt subcategories of a use.

(11) "Director" means the director of the department of environmental quality, or his or her designee.

(12) "Discharge" means any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into the waters of the state. For the purposes of this chapter, discharge shall not include surface water runoff from nonpoint sources or natural soil disturbing events.

(13) "Existing use" means those surface water uses actually attained on or after November 28, 1975, whether or not they are designated uses. Existing uses may form the basis for subcategories of designated uses.

(14) "Full protection, full support, or full maintenance of designated beneficial uses of water" means compliance with those levels of water quality criteria listed in the appropriate rules of the department, or where there is no applicable numerical criteria, compliance with the reference streams or conditions approved by the director in consultation with the appropriate basin advisory group.

(15) "General permit" means an NPDES permit issued by the U.S. environmental protection agency authorizing a category of discharges under the federal clean water act or a nationwide or regional permit issued by the U.S. army corps of engineers under the federal clean water act.

(16) "Integrated report" means the consolidated listing and reporting of the state's water quality status pursuant to the federal clean water act.

(17) "National pollutant discharge elimination system (NPDES)" means the point source permitting program established pursuant to section 402 of the federal clean water act.

(18) "New nonpoint source activity" means a new nonpoint source activity or a substantially modified existing nonpoint source activity on or adversely affecting an outstanding resource water which includes, but is not limited to, new silvicultural activities, new mining activities and substantial modifications to an existing mining permit or approved plan, new recreational activities and substantial modifications to existing recreational activities, new residential or commercial development that includes soil disturbing activities, new grazing activities and substantial modifications to existing grazing activities, except that reissuance of existing grazing permits, or grazing activities and practices authorized under an existing permit, is not considered a new activity. It does not include naturally occurring events such as floods, landslides, and wildfire including prescribed natural fire.

(19) "Nonpoint source activities" includes grazing, crop production, silviculture, log storage or rafting, construction, mining, recreation, septic systems, runoff from storms and other weather related events and other activities not subject to regulation under the federal national pollutant discharge elimination system. Nonpoint source activities on waters designated as outstanding resource waters do not include issuance of water rights permits or licenses, allocation of water rights, operation of diversions, or impoundments.

(20) "Nonpoint source runoff" means water which may carry pollutants from nonpoint source activities into the waters of the state.

(21) "Outstanding resource water" means a high quality water, such as water of national and state parks and wildlife refuges and water of exceptional recreational or ecological significance, which has been so designated by the legislature. It constitutes an outstanding national or state resource that requires protection from point source and nonpoint source activities that may lower water quality.

(22) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties.

(23) "Point source" means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture, discharges from dams and hydroelectric generating facilities or any source or activity considered a nonpoint source by definition.

(24) "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, cellar dirt; and industrial, municipal and agricultural waste, gases entrained in water; or other materials which, when discharged or released to water in excessive quantities cause or contribute to water pollution. Provided however, biological materials shall not include live or occasional dead fish that may accidentally escape into the waters of the state from aquaculture facilities.

(25) "Reference stream or condition" means one (1) of the following:

(a) The minimum biological, physical and chemical conditions necessary to fully support the designated beneficial uses; or

(b) A water body representing natural conditions with few impacts from human activities and which are representative of the highest level of support attainable in the basin; or

(c) A water body representing minimum conditions necessary to fully support the designated beneficial uses.

In highly mineralized areas or in the absence of such reference streams or water bodies, the director, in consultation with the basin advisory group and the technical advisers to it, may define appropriate hypothetical reference conditions or may use monitoring data specific to the site in question to determine conditions in which the beneficial uses are fully supported.

(26) "Short-term or temporary activity" means an activity which is limited in scope and is expected to have only minimal impact on water quality as determined by the director. Short-term or temporary activities include, but are not limited to, maintenance of existing structures, limited road and trail reconstruction, soil stabilization measures, and habitat enhancement structures.

(27) "Silviculture" means those activities associated with the regeneration, growing and harvesting of trees and timber including, but not limited to, disposal of logging slash, preparing sites for new stands of trees to be either planted or allowed to regenerate through natural means, road construction and road maintenance, drainage of surface water which inhibits tree growth or logging operations, fertilization, application of herbicides or pesticides, all logging operations, and all forest management techniques employed to enhance the growth of stands of trees or timber.

(28) "Soil and water conservation commission" means an agency of state government as created in section 22-2718, Idaho Code.

(29) "Soil conservation district" means an entity of state government as defined in section 22-2717, Idaho Code.

(30) "State" means the state of Idaho.

(31) "State water quality management plan" means the state management plan developed and updated by the department in accordance with sections 205, 208, and 303 of the federal clean water act.

(32) "Subbasin assessment" means a document that describes a watershed or watersheds for which a total maximum daily load is proposed, the water quality concerns, the status and attainability of designated uses and water quality criteria for individual water bodies, the nature and location of pollutant sources, past and ongoing pollutant control activities, and such other information that the director with the advice of the local watershed advisory group determines is pertinent to the analysis of water quality and the development and implementation of a total maximum daily load.

(33) "Total maximum daily load (TMDL)" means a plan for a water body not fully supporting designated beneficial uses and includes the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, and natural background levels of the pollutant impacting the water body. Pollutant allocations established through TMDLs shall be at a level necessary to implement the applicable water quality standards for the identified pollutants with seasonal variations and a margin of safety to account for uncertainty concerning the relationship between the pollutant loading and water quality standards.

(34) "Waters or water body" means the navigable waters of the United States as defined in the federal clean water act. For the purposes of this chapter, water bodies shall not include municipal or industrial wastewater treatment or storage structures or private reservoirs, the operation of which has no effect on waters.

(35) "Water pollution" is such alteration of the thermal, chemical, biological or radioactive properties of any waters of the state, or such discharge or release of any contaminant into the waters of the state as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare or to domestic, commercial, industrial, recreational, aesthetic or other legitimate uses or to livestock, wild animals, birds, fish or other aquatic life.

(36) "Water quality standards" are the designated uses of a water body and water quality criteria necessary to support those uses, and an antidegradation policy.

(37) "Watersheds" means the land area from which water flows into a stream or other body of water which drains the area. For the purposes of this chapter, the area of watersheds shall be recommended by the basin advisory group described in section 39-3613, Idaho Code.

History:

[39-3602, added 1995, ch. 352, sec. 1, p. 1167; am. 1997, ch. 279, sec. 1, p. 829; am. 2001, ch. 103, sec. 31, p. 274; am. 2005, ch. 334, sec. 1, p. 1045; am. 2010, ch. 279, sec. 25, p. 747; am. 2011, ch. 116, sec. 2, p. 320; am. 2013, ch. 348, sec. 1, p. 941.]
Idaho Code § 39-3131A — Idaho Code / Title 39 / Chapter 31 / Section 39-3131A
39-3131A ELIGIBILITY SCREENING.
Status: in_force

39-3131A. eligibility screening. (1) Individuals may access adult mental health services administered by the department through an eligibility screening. The eligibility screening must be directly related to the participant's mental illness and level of functioning and based on the eligibility criteria described in this section.

(2) The department may limit or prioritize mental health services, define eligibility criteria, or 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.

(3) To be eligible for voluntary mental health services pursuant to section 39-3131, Idaho Code, an individual must:

(a) Be an adult;

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

(c) Have a primary diagnosis of SMI or SPMI.

History:

[39-3131A, added 2025, ch. 178, sec. 13, p. 848.]
Idaho Code § 39-259 — Idaho Code / Title 39 / Chapter 2 / Section 39-259
39-259 ADOPTION OF PERSONS BORN IN FOREIGN COUNTRIES.
Status: in_force

39-259. Adoption of persons born in foreign countries. (1) When it appears from a final decree of adoption issued by an Idaho court that a person born in a foreign country has been adopted in Idaho by someone other than the person's natural parents, the court shall require the preparation of a report (denominated as a certificate in accordance with Idaho court rules) of adoption on a form prescribed and furnished by the state registrar. The report shall contain evidence from sources determined to be reliable by the court as to the true or probable date and place of birth and parentage of such person; shall provide information necessary to establish a new certificate of birth for the person adopted; and shall identify the order of adoption and be certified by the clerk of the court. Upon receipt by the state registrar of vital statistics of the report of adoption, the state registrar of vital statistics shall make and file a new birth certificate for the child when requested to do so by the court decreeing the adoption, the adoptive parents, or the adopted person. The new birth certificate shall show the true or probable foreign country (and city, town, village, or other local designation, if known) of birth and the true or probable date of birth as established by the court and shown on the court report of adoption, the child's new name and parentage as stated in the report of adoption, and any other necessary facts as required by the state registrar. This birth certificate shall not be evidence of United States citizenship. The form and content of the certificate of foreign birth shall be established by the director.

(2) All records and information specified in this section, other than a new birth certificate issued hereunder, and all records, files, and information of any court in this state relating to adoption proceedings shall not be open to inspection except as provided in section 39-259A, Idaho Code, or upon the order of a court of record of this state; provided however, that the provisions of section 16-1616, Idaho Code, to the contrary notwithstanding, any probate court, or the judge thereof, may furnish a certified copy of a decree of adoption to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order therefor.

(3) The report of adoption shall, within fifteen (15) days after becoming final, be recorded by the clerk of the court with the bureau of vital records and health statistics in the state department of health and welfare.

(4) Whenever an adoption decree is amended, annulled, or rescinded, the clerk of the court shall forward a certified copy of the amendment, annulment, or rescindment to the bureau of vital records and health statistics in accordance with the time provisions in subsection (3) of this section. Unless otherwise directed by the court, the bureau of vital records and health statistics shall amend the certificate of birth upon receipt of a certified copy of an amended decree of adoption. Upon receipt of a certified copy of a decree of annulment or rescindment of adoption, the Idaho birth certificate shall be removed from the file and along with the decree of annulment or rescindment shall be placed in the sealed file for that person. Such sealed file shall not be subject to inspection except upon order of a court of record of this state.

(5) For adoptions that occur on or after July 1, 2022, the provisions of this section shall apply, except that:

(a) The natural or adoptive parentage of each parent shall be demonstrated as determined by the registrar on the face of a new birth certificate described in subsection (1) of this section; and

(b) A copy of the foreign birth certificate, if available, all medical and demographic information contained in the sealed file, and the report of adoption must be provided upon the signed request, on a form prescribed by the registrar, of the adoptee who is named on the birth certificate or such adoptee's legal representative, provided that:

(i) The adoptee must be eighteen (18) years or older;

(ii) The documents referenced in this paragraph will be released to the adult adoptee upon completion of the voluntary adoption registration process. In the event of a match on the voluntary adoption registry, a minimum thirty (30) day waiting period will apply, during which time a registered birth parent may:

1. Indicate a preferred method of contact, which method will be communicated to the adoptee at the time the documents are released;

2. Request no contact, which request will be communicated to the adoptee at the time the documents are released; or

3. Request that the registered birth parent's name be redacted before records are released, which request shall be effective for five (5) years. After the five (5) years have elapsed, the adoptee may again request documents according to this paragraph, and all provisions of this paragraph shall apply; and

(iii) The bureau of vital records and health statistics is not obligated to provide court records to the adoptee under the provisions of this paragraph.

History:

[(39-259) added 1982, ch. 122, sec. 1, p. 348; am. and redesig. 1983, ch. 7, sec. 19, p. 23; am. 1985, ch. 59, sec. 3, p. 116; am. 1988, ch. 25, sec. 1, p. 32; am. 2005, ch. 391, sec. 54, p. 1311; am. 2022, ch. 282, sec. 2, p. 896.]
Idaho Code § 39-240 — Idaho Code / Title 39 / Chapter 2 / Section 39-240
39-240 SHORT TITLE — LEGISLATIVE FINDINGS.
Status: in_force

39-240. Short title — legislative findings. (1) This act shall be known and may be cited as the "Idaho Vital Statistics Act."

(2) The legislature finds:

(a) As early as 1632, government officials began tracking vital statistics, specifically births, deaths, and marriages;

(b) Today, state and local vital records offices record over eleven million (11,000,000) vital events annually in the United States;

(c) Material facts included in vital records include the date of birth, the individual's sex, the location of birth, the parents' identities, and the date of death;

(d) The purpose of documenting factual information on vital records is to help the government fulfill one of its most basic duties: protecting the health and safety of its citizens;

(e) Numerous courts have recognized that the purpose of vital records is to maintain an accurate database of factual information regarding births, deaths, and other vital events in a given jurisdiction. See Sea v. U.S. Citizenship & Immigration Servs., 2015 WL 5092509, at *4 (D. Minn. Aug. 28, 2015) ("The public does have an interest in having accurate records on vital statistics…"); Ampadu v. U.S. Citizenship & Immigration Servs., Dist. Dir., 944 F. Supp. 2d 648, 655 (C.D. Ill. 2013) (acknowledging "the public's interest in having accurate records on vital statistics"); Boiko v. Holder, 2013 WL 709047, at *2 (D. Colo. Feb. 26, 2013) ("[T]he government, and the public at large, would appear to benefit from having the most accurate vital statistics records possible."); J.R. v. Utah, 261 F. Supp. 2d 1268, 1294 (D. Utah 2002) ("The State also has a significant interest in the accuracy of the records it keeps, particularly vital records like birth certificates.");

(f) According to the national research council committee on national statistics, factual information contained in vital records is used to help diagnose and solve problems that impact national health, including tracking and diagnosing disparities in mortality rates based on age and sex, identifying factors that account for the significant differences in life expectancy between males and females, measuring and seeking solutions to socioeconomic inequalities in health based on sex and age, and studying infant death rates based on sex, location, birth weight, and other information collected from vital records;

(g) Factual information from vital records is also necessary for national security. It is used to identify potential disease epidemics, such as the zika virus, that may disproportionately impact one sex over the other; expose covert bioterrorist attacks, such as determining whether a sudden increase in certain symptoms in a population is due to random chance or should be further investigated; and identify criminals and terrorists, where vital records can be used to uncover fraudulently obtained driver's licenses or passports; and

(h) Allowing individuals to alter their vital records, including birth certificates, based upon subjective feelings or experiences undermines the government's interest in having accurate vital records.

History:

[39-240, added 1949, ch. 72, sec. 32, p. 117; am. and redesig. 39-240, 1983, ch. 7, sec. 1, p. 25; am. 2020, ch. 334, sec. 1, p. 970.]
Idaho Code § 39-3523 — Idaho Code / Title 39 / Chapter 35 / Section 39-3523
39-3523 DENIAL OF APPLICATION OR REVOCATION OF A CERTIFICATE.
Status: in_force

39-3523. Denial of application or revocation of a certificate. (1) The department may deny any application for a certificate when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of any resident or when the applicant fails to demonstrate compliance with any provision of this chapter or rules promulgated pursuant to this chapter. The department may also deny any application for a certificate for any other cause for denial listed in rules promulgated by the department.

(2) The department may revoke any certificate when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of any resident or when the care provider violates any provision of this chapter or rule promulgated pursuant to this chapter after having been notified by the department of such violation and given an opportunity to make corrections as described in the rules promulgated pursuant to this chapter. The department may also revoke any certification for any other cause for revocation listed in rules promulgated by the department.

History:

[39-3523, added 2024, ch. 63, sec. 30, p. 325.]
Idaho Code § 39-4201 — Idaho Code / Title 39 / Chapter 42 / Section 39-4201
39-4201 DEFINITIONS.
Status: in_force

39-4201. Definitions. As used in this chapter:

(1) "Park model recreational vehicle" means a vehicle as defined in section 49-117, Idaho Code.

(2) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The entities are: travel trailer, camping trailer, truck camper, fifth-wheel trailer, park model recreational vehicle and motor home.

(a) "Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.

(b) "Fifth-wheel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits, of gross trailer area not to exceed four hundred (400) square feet in the set-up mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

(c) "Motor home" means a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle.

(d) "Travel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than three hundred twenty (320) square feet.

(e) "Truck camper" means a portable unit constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.

History:

[39-4201, added 1995, ch. 267, sec. 15, p. 864; am. 2017, ch. 134, sec. 1, p. 312.]
Idaho Code § 39-5909 — Idaho Code / Title 39 / Chapter 59 / Section 39-5909
39-5909 RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT AWARD SCHEDULE.
Status: in_force

39-5909. Rural health care access and physician incentive Grant award schedule. The board shall conduct the grant process in accordance with the following schedule:

(1) The rural health care access and physician incentive program manager will generate, and make available, a list of areas eligible for potential grant assistance no later than May 1 prior to the application period.

(2) The rural health care access and physician incentive program manager shall develop an application form and make guidance available no later than July 1 which shall initiate the application period prior to the grant period.

(3) The completed application shall be submitted no later than August 30 of the application period.

(4) The board shall issue notification to every applicant regarding the disposition of their grant request by October 30 prior to the grant period.

(5) Funds for approved rural health care access grants shall be disbursed during November of that grant period or over the course of the current grant year as funds become available.

(6) Funds for approved rural physician incentive grants shall be disbursed upon completion of six (6) months of service in an eligible area during the initial grant period and annually thereafter upon completion of a twelve (12) month term of service in an eligible area.

History:

[39-5909, added 2000, ch. 262, sec. 2, p. 738; am. 2002, ch. 354, sec. 2, p. 1011; am. 2009, ch. 119, sec. 3, p. 383; am. 2012, ch. 44, sec. 11, p. 137.]
Idaho Code § 39-3316 — Idaho Code / Title 39 / Chapter 33 / Section 39-3316
39-3316 RESIDENT RIGHTS.
Status: in_force

39-3316. Resident rights. The administrator of a residential care or assisted living facility must ensure that policies and procedures are developed and implemented that protect and promote the rights of each resident, including each of the following rights:

(1) Resident records. Upon request, a resident or others authorized by law shall be provided immediate access to information on the resident's record and shall be provided with copies of such information within two (2) business days. Each facility must maintain and keep current a record of the following information on each resident:

(a) A copy of the resident's current negotiated service agreement and physician's order.

(b) Written acknowledgment that the resident has received copies of the rights.

(c) A record of all personal property and funds that the resident has entrusted to the facility, including copies of receipts for the property.

(d) Information about any specific health problems of the resident that may be useful in a medical emergency.

(e) The name, address and telephone number of an individual identified by the resident who should be contacted in the event of an emergency or death of the resident.

(f) Any other health-related, emergency, or pertinent information the resident requests the facility to keep on record.

(g) The current admission agreement between the resident and the facility.

(2) Privacy. Each resident must be assured the right to privacy with regard to accommodations, medical and other treatment, written and telephone communications, visits, and meetings of family and resident groups.

(3) 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 consistent with any religious or health-related restrictions.

(ii) The right to refuse a restricted diet.

(iii) The right to a safe and sanitary living environment.

(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 by staff.

(ii) The right to receive a response from the facility to any request of the resident within a reasonable time.

(iii) The right to be communicated with, orally and/or in writing, in a language the resident understands.

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

(a) Wear his own clothing.

(b) Determine his own dress or hair style.

(c) Retain and use his own personal property in his own living area so as to maintain individuality and personal dignity.

(5) Personal funds. Residents whose board and care is paid for by public assistance shall retain, for their personal use, the difference between their total income and the applicable rent, utilities, and food allowance established by department rules.

(a) A facility shall not require a resident to deposit his personal funds with the facility.

(b) Once the facility accepts the written authorization of the resident, it must hold, safeguard, and account for such personal funds under a system established and maintained by the facility in accordance with this paragraph.

(6) Management of personal funds. Upon a facility's acceptance of written authorization of a resident, the facility must manage and account for the personal funds of the resident deposited with the facility as follows:

(a) The facility must deposit any amount of a resident's personal funds in an account that is separate from any of the facility's operating accounts.

(b) The facility must assure a full and complete separate accounting of each resident's personal funds, maintain a written record of all financial transactions involving each resident's personal funds deposited with the facility, and afford each resident or a legal representative of each resident reasonable access to such record.

(c) Upon the death of a resident with such an account, the facility must promptly convey the resident's personal funds and a final accounting of such funds to the individual administering the resident's estate. For clients of the department, the remaining balance of funds shall be refunded to the medicaid estate recovery unit.

(7) Access and visitation rights. Each facility must permit:

(a) Immediate in-person access to any resident by any representative of the department, by the state ombudsman for the elderly or his designees, or by the resident's individual physician.

(b) Immediate in-person access to a resident, subject to the resident's right to deny or withdraw consent at any time, by immediate family or other relatives.

(c) Immediate access to a resident, subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident.

(d) Reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.

(8) Employment. Each resident shall have the right to refuse to perform services for the facility except as contracted for by the resident and the administrator of the facility. If the resident is hired by the facility to perform services as an employee of the facility, the wage paid to the resident shall be consistent with state and federal law.

(9) Confidentiality. Each resident shall have the right to confidentiality of personal and clinical records.

(10) Freedom from abuse, neglect, and restraints. Each resident shall have the right to be free from physical, mental, or sexual abuse, neglect, corporal punishment, involuntary seclusion, and any physical or chemical restraints. The use of supportive devices with restraining qualities is permissible if the following conditions are met:

(a) For residents with the cognitive ability to consent, the facility shall document the following:

(i) The resident specifically requests or approves of the device and a licensed health care professional has informed the individual of the risks and benefits associated with the device;

(ii) A facility nurse acting within the nurse's scope of license has conducted a thorough assessment;

(iii) The facility has documented other less restrictive alternatives evaluated prior to the use of the device and obtained written consent from the patient or representative; and

(iv) The facility has instructed direct care staff on the correct use and precautions related to the device.

(b) Supportive devices with restraining qualities are permissible for residents who are unable to evaluate the risks and benefits of the device when the conditions contained in paragraph (a)(ii) through (iv) of this subsection are present and documented by the facility. The facility shall also obtain and document the consent of the resident's guardian, representative, or power of attorney as applicable.

(c) Documentation of the use of supportive devices with restraining qualities shall be included in the resident's service plan and evaluated on a quarterly basis.

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

(12) Control and receipt of health-related services. Each resident shall have the right to control his receipt of health-related services, including:

(a) The right to retain the services of his own personal physician, dentist and other health care professionals.

(b) The right to select the pharmacy or pharmacist of his choice so long as it meets the statute and rules governing residential care or assisted living and the policies and procedures of the residential care or assisted living facility.

(c) The right to confidentiality and privacy concerning his medical or dental condition and treatment.

(d) The right to refuse medical services based on informed decision-making.

(i) The facility shall document that the resident and the resident's legal guardian have been informed of the consequences of the refusal; and

(ii) The facility shall document that the resident's physician or authorized provider has been notified of the resident's refusal.

(13) Grievances. Each resident shall have the right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.

(14) Participation in resident and family groups. Each resident shall have the right to organize and participate in resident groups in the facility and the right of the resident's family to meet in the facility with the families of other residents in the facility.

(15) Participation in other activities. 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 facility.

(16) Examination of survey results. Each resident shall have the right to examine, upon reasonable request, the results of the most recent survey of the facility conducted by the department with respect to the facility and any plan of correction in effect with respect to the facility.

(17) Access by advocates and representatives. A residential care or assisted living facility shall permit advocates and representatives of community legal services programs, whose purposes include rendering assistance without charge to residents, to have access to the facility at reasonable times.

(18) Access by protection and advocacy system. A residential care or assisted living facility shall permit advocates and representatives of the protection and advocacy system, designated by the governor pursuant to 42 U.S.C. 15043 and 10801 et seq., access to residents, facilities and records in accordance with applicable federal statutes and regulations.

(19) Access by the long-term care ombudsman. A residential care or assisted living facility shall permit advocates and representatives of the long-term care ombudsman program, pursuant to 42 U.S.C. 3058, section 67-5009, Idaho Code, and IDAPA 15.01.03, rules of the commission on aging, access to residents, facilities and records in accordance with applicable federal and state law, rules and regulations.

(20) A facility may not require precautions, such as health screenings, for in-person visitors that are more stringent than precautions for facility staff, and in-person access pursuant to subsection (7)(a) and (b) of this section shall not be precluded on the basis of a visitor's vaccination status.

(21) Each resident shall have the right to be transferred or discharged only for medical reasons, for the resident's welfare or the welfare of other residents, or for nonpayment of the resident's stay. In non-emergency conditions, the resident shall be given at least thirty (30) calendar days notice of discharge. A resident has the right to appeal any involuntary discharge.

History:

[39-3316, added 1990, ch. 116, sec. 2, p. 247; am. 1996, ch. 207, sec. 13, p. 639; am. 2000, ch. 274, sec. 21, p. 816; am. 2005, ch. 280, sec. 14, p. 888; am. 2023, ch. 202, sec. 1, p. 564; am. 2025, ch. 208, sec. 8, p. 940.]
Idaho Code § 39-5005 — Idaho Code / Title 39 / Chapter 50 / Section 39-5005
39-5005 ELIGIBILITY AND FEES.
Status: in_force

39-5005. Eligibility and fees. The administrator with the advice of the staff at the centers, shall promulgate rules concerning the eligibility of persons to receive assistance through the multipurpose service centers. A sliding fee may be charged for services at the discretion of the director of the center.

History:

[(39-5005) 39-4905, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 63, p. 105.]
Idaho Code § 39-278 — Idaho Code / Title 39 / Chapter 2 / Section 39-278
39-278 PROCEDURE FOR DELAYED REGISTRATION OR AMENDMENT OF VITAL RECORD.
Status: in_force

39-278. procedure for delayed registration or amendment of vital record. (1) Following exhaustion of any administrative procedures or remedies provided by this chapter or by department rule, if an applicant has been denied a request to amend a vital record as provided by section 39-250(5), Idaho Code, or because the item for which an amendment is sought has already been once administratively denied, or if a delayed registration is rejected, including as provided in section 39-267, Idaho Code, the applicant may petition a court of competent jurisdiction of this state for an order establishing the facts necessary to establish or amend a vital record as provided in this section.

(2) The petition must be verified and must allege at least:

(a) If the petition is for a delayed registration of birth:

(i) That the person for whom the delayed certificate is requested was born in this state;

(ii) That the person's birth is not registered in another state or country;

(iii) That a record for the person's birth cannot be found in the state's vital records;

(iv) That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed certificate of birth;

(v) That the state registrar has issued a final rejection of the application for a delayed certificate of birth; and

(vi) The following information:

1. The original full name and sex of the registrant;

2. The date of birth and place of birth, including the:

(A) Facility;

(B) City, town or location;

(C) County; and

3. The full maiden name of the mother; and

4. The full name of the father, unless the registrant was born out of wedlock.

(b) If the petition is for a delayed registration of death or stillbirth:

(i) That the person for whom the delayed certificate is requested died in this state;

(ii) That the person's death is not registered in another state or country;

(iii) That a record for the person's death cannot be found in the state's vital records;

(iv) That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed certificate of death;

(v) That the state registrar has issued a final rejection of the application for a delayed certificate of death; and

(vi) The following information:

1. The full name and sex of the deceased;

2. The date and place of death, including the:

(A) Facility;

(B) City, town or location;

(C) County; and

3. For a stillbirth:

(A) The full maiden name of the mother; and

(B) The full name of the father, unless the mother was not married.

(c) If the petition is for another amendment to a vital record, in a manner otherwise permitted by department rule:

(i) The identity of the record registered with the state registrar and the item in the record the petitioner requests to be amended;

(ii) The change requested and the purpose of the amendment;

(iii) The rule under which the amendment is otherwise permitted; and

(iv) That the state registrar has issued a final rejection of the application for the requested amendment and the reason for the rejection.

(3) The petitioner must attach all evidentiary documents presented to the registrar and the written final letter of denial or rejection from the registrar.

(4) The petitioner must provide a complete copy of the petition, together with notice of the date, time and place of the hearing, by mailing a copy thereof at least fourteen (14) days before the time set for the hearing, by certified, registered or ordinary first class mail, to the state registrar at the address given in the written final letter of denial or rejection. The state registrar or an authorized representative may appear and present evidence at the hearing.

(5) If the court finds from the evidence presented that:

(a) The person for whom a delayed certificate of birth is requested was born in this state, it shall make findings as to:

(i) The original full name and sex of the registrant;

(ii) The date of birth and place of birth, including the:

1. Facility;

2. City, town or location;

3. County; and

(iii) The full maiden name of the mother; and

(iv) The full name of the father, unless the registrant was born out of wedlock.

(b) The person for whom a delayed certificate of death is requested died in this state, it shall make findings as to:

(i) The full name and sex of the deceased; and

(ii) The date and place of death, including the:

1. Facility;

2. City, town or location; and

3. County.

(c) The person requesting any other amendment to a vital record in a manner otherwise permitted by department rule has established the facts necessary for the amendment and the amendment is otherwise appropriate, it shall make an order amending the item in the vital record as requested.

(6) The order of the court shall include a description of the evidence presented and the date of the court's action.

(7) The order of the court shall not alter the fees otherwise required by the registrar for the requested amendment, or the time frames otherwise provided for the registrar to administratively establish or make the amendment requested.

History:

[39-278, added 2010, ch. 78, sec. 3, p. 130.]
Idaho Code § 39-129 — Idaho Code / Title 39 / Chapter 1 / Section 39-129
39-129 APPLICABILITY — DEFINITION OF LOCAL GOVERNMENT AND MANDATES — AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS — ADOPTION OF RULES — ESTABLISHMENT OF SCHEDULES — PRIORITY OF CONSIDERATIONS — REPORT AND RECOMMENDATIONS.
Status: in_force

39-129. Applicability — Definition of local government and mandates — Authorization for local government agreements — Adoption of rules — Establishment of schedules — Priority of considerations — Report and recommendations. (1) The provisions of this section shall apply to local governments providing drinking water, municipal waste disposal, municipal sewage or waste water disposal or treatment, or air pollution abatement, which can demonstrate to the satisfaction of the department that increasing and cumulative regulatory requirements applicable to such services cannot be met in a timely and reasonable manner. The provisions of the section do not apply where prohibited by federal or state laws or regulations for the protection of human health and the environment.

(2) For purposes of this section the term "local government" means the government of a county or incorporated city, and the term "federal mandates" means those requirements arising from federal statutes or subsequent regulations administered by the United States environmental protection agency.

(3) The department is hereby authorized to enter into agreements with local governments. The agreement may include a binding schedule enforceable under this chapter for the improvement, modification, construction, or other actions, necessary in order for the local government to come into compliance as expeditiously as practicable with human health and environmental protection statutes and rules stemming from federal mandates.

(4) The department may propose, and the board adopt, rules necessary for the implementation of this section.

(5) In establishing any local government agreement schedule, the term of the agreement shall not exceed fifteen (15) years, although successive agreements may be entered into. All agreements must be signed by the director or his designee and the mayor of the city or county commissioners of the county, as appropriate. All agreements are enforceable as orders under the provisions of this chapter.

(6) Agreements and schedules entered into under this act shall take into account, in descending priority the:

(a) Protection of public health;

(b) Protection of the environment;

(c) Current tax structure and rates as compared to other local governments;

(d) Ability of the local government to pay for costs of compliance;

(e) Current fiscal obligations of the local government;

(f) Other factors as determined by the department or the board.

History:

[39-129, added 1994, ch. 162, sec. 2, p. 370; am. 2000, ch. 132, sec. 32, p. 341.]
Idaho Code § 39-1392 — Idaho Code / Title 39 / Chapter 13 / Section 39-1392
39-1392 STATEMENT OF POLICY.
Status: in_force

39-1392. Statement of policy. To encourage research, discipline and medical study by certain health care organizations for the purposes of reducing morbidity and mortality, enforcing and improving the standards of medical practice in the state of Idaho, certain records of such health care organizations shall be confidential and privileged as set forth in this chapter.

History:

[39-1392, added 1973, ch. 265, sec. 1, p. 545; am. 1997, ch. 171, sec. 1, p. 486.]
Idaho Code § 39-273 — Idaho Code / Title 39 / Chapter 2 / Section 39-273
39-273 PENALTIES.
Status: in_force

39-273. Penalties. (a) The following acts, if committed unlawfully, purposely and with the intent to deceive, shall be felonies punishable by a fine of not more than five thousand dollars ($5,000) or imprisonment of not more than five (5) years, or both:

(1) furnishing false or fraudulent information affecting any certificate, record or report required by this chapter; or

(2) making, counterfeiting, altering, amending or mutilating of any certificate, record or report, or any certified copy of a certificate, record, or report authorized by this chapter; or

(3) obtaining, possessing, using, selling, or furnishing, or attempting to obtain, possess, use, sell, or furnish, any certificate, record, or report, or certified copy of a certificate, record, or report, which has been unlawfully made, counterfeited, altered, amended, or mutilated; or

(4) furnishing, selling or using any certificate, record or report, or any certified copy of a certificate, record or report, authorized by this chapter for the purpose of misrepresenting the age or identity of a person or misrepresenting the facts relating to a birth, death or adoption.

(b) The following acts, if committed with knowledge, recklessness or with criminal negligence, shall be misdemeanors punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment of not more than one (1) year, or both:

(1) except where a different penalty is provided by this section, violating any of the provisions of this chapter or the regulations promulgated pursuant to this chapter by the board; or

(2) neglecting or refusing to perform any of the duties imposed pursuant to this chapter; or

(3) transporting, accepting for transport, interring, or otherwise disposing of a dead body or stillborn fetus without a permit or other authorization issued in accordance with the provisions of this chapter.

(c) In addition to the other penalties herein prescribed, any employee or officer of the department who knowingly, recklessly or negligently discloses any information in violation of section 39-270, Idaho Code, shall be subject to immediate dismissal from employment.

(d) In addition to any other sanction or penalty authorized by law, the registrar may hereby impose a fine which may not exceed two hundred fifty dollars ($250) for each violation wherein a physician, hospital administrator or his designee, or other birth attendants, or coroner/deputy, or funeral director/mortician fails to sign a birth, or death or stillbirth certificate within fifteen (15) days of the death or within fifteen (15) days of the birth. Notice of intent to impose such fine must be given by the registrar to the alleged violator. Each day that a violation continues following the giving of the notice of intent may constitute a violation and the registrar may impose a fine which may not exceed fifty dollars ($50.00) per day. In determining the amount of any fine to be imposed for a violation, the registrar shall consider the following factors:

(1) the gravity of the violation or extent to which the provisions of the applicable statute or rule were violated;

(2) any action taken by the alleged violator to correct the violation or assure that the violation will not reoccur;

(3) any previous violation.

History:

[(39-273) 1949, ch. 72, sec. 26, p. 117; am. and redesignated 1983, ch. 7, sec. 35, p. 42; am. 1994, ch. 323, sec. 1, p. 1037.]
Idaho Code § 39-3611 — Idaho Code / Title 39 / Chapter 36 / Section 39-3611
39-3611 DEVELOPMENT AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOAD OR EQUIVALENT PROCESSES.
Status: in_force

39-3611. Development and implementation of total maximum daily load or equivalent processes. (1) For water bodies described in section 39-3609, Idaho Code, the director shall, in accordance with the priorities set forth in section 39-3610, Idaho Code, and in accordance with sections 39-3614 through 39-3616, Idaho Code, and as required by the federal clean water act, prepare a subbasin assessment and develop a total maximum daily load to allocate pollutant loads to point source and nonpoint sources that discharge pollutants to the water body.

(2) Upon the completion of a total maximum daily load, the director shall publish notice of the final decision on the TMDL in the Idaho administrative bulletin and provide written notice to members of the applicable watershed advisory group. The director's final decision shall be based upon a record that provides the basis for the total maximum daily load. The rulemaking provisions in sections 67-5220 through 67-5231, Idaho Code, shall not apply to TMDLs. The director's final decision regarding a TMDL may be appealed to the board of environmental quality in accordance with section 39-107(5), Idaho Code, and the rules governing such appeals. The time for appeal to the board shall commence upon publication in the administrative bulletin. The board's final decision is subject to judicial review under section 39-107(6), Idaho Code. The provisions of this subsection shall apply to all total maximum daily loads developed by the director after January 1, 1995. Provided however, that the rulemaking provisions in sections 67-5220 through 67-5231, Idaho Code, shall apply to TMDLs for metals in the Coeur d'Alene River Basin, upstream from the head of the Spokane River. Provided further, that nothing herein shall modify the requirement that water quality standards be promulgated as rules of the department pursuant to title 67, chapter 52, Idaho Code.

(3) For water bodies where an applicable water quality standard has not been attained due to impacts that occurred prior to 1972, no further restrictions under a total maximum daily load process shall be placed on a point source discharge unless the point source contribution of a pollutant exceeds twenty-five percent (25%) of the total load for that pollutant. Existing uses shall be maintained on all such water bodies.

(4) Subbasin assessments and total maximum daily load processes developed pursuant to this section shall include, but not be limited to:

(a) Identification of pollutant(s) impacting the water body;

(b) An inventory of all point and nonpoint sources of the identified pollutant(s), if practical, or an analysis of the land types, land uses and geographical features within the watershed that may be contributing identified pollutants to the water body;

(c) An analysis of why current control strategies are not effective in assuring full support of designated beneficial uses;

(d) A plan to monitor and evaluate progress toward meeting water quality standards;

(e) Pollution control strategies for both point sources and nonpoint sources;

(f) Identification of the period of time necessary to achieve full support of designated beneficial uses through implementation of pollution control strategies, which takes into account any expected changes to applicable water quality standards; and

(g) An adequate margin of safety to account for uncertainty.

(5) Point source discharges for which a national pollutant discharge elimination system permit is approved after January 1, 1995, shall be deemed to have met the requirements of this section.

(6) No instream target for a pollutant shall be set as part of a TMDL process unless the data and analysis in the subbasin assessment demonstrate that the pollutant is causing or contributing to a violation of a water quality standard in the stream for which the TMDL is being developed. If a pollutant load is allocated to a tributary inflow as part of a downstream TMDL, the director shall develop a plan to meet such allocation in consultation with the tributary watershed advisory group as provided in subsection (8) of this section.

(7) The director shall review and reevaluate each TMDL, supporting subbasin assessment, implementation plan(s) and all available data periodically at intervals of no greater than five (5) years. Such reviews shall include the assessments required by section 39-3607, Idaho Code, and an evaluation of the water quality criteria, instream targets, pollutant allocations, assumptions and analyses upon which the TMDL and subbasin assessment were based. If the members of the watershed advisory group, with the concurrence of the basin advisory group, advise the director that the water quality standards, the subbasin assessment, or the implementation plan(s) are not attainable or are inappropriate based upon supporting data, the director shall initiate the process or processes to determine whether to make recommended modifications. The director shall report to the legislature annually the results of such reviews.

(8) Each TMDL and any supporting subbasin assessment shall be developed and periodically reviewed and modified in consultation with the watershed advisory group for the watershed in which the water bodies are located. Consultation shall include, but not be limited to:

(a) Upon request, providing the watershed advisory group with all available information in the possession of the department concerning applicable water quality standards, water quality data, monitoring, assessments, reports, procedures and schedules for developing and submitting the TMDL and any supporting subbasin assessment to the United States environmental protection agency;

(b) Utilizing the knowledge, expertise, experience and information of the watershed advisory group in assessing the status, attainability or appropriateness of water quality standards, and in developing a TMDL and any supporting subbasin assessment; and

(c) Providing the watershed advisory group with an adequate opportunity to participate in drafting the documents for the TMDL and any supporting subbasin assessment and to suggest changes to the documents.

(9) No TMDL shall be published for public comment or submitted for approval to the United States environmental protection agency until consultation, as herein provided, has occurred. If, after consultation, the watershed advisory group disagrees with the TMDL or any supporting subbasin assessment, or has determined that applicable water quality standards should be reevaluated or revised, such position and the basis therefor shall be documented in the public notice of availability to the TMDL and any supporting subbasin assessment for review, and in any submission of the same to the United States environmental protection agency. The director shall respond to the points raised by the watershed advisory group and shall document the response in the final decision.

(10) Nothing in this section shall be interpreted as requiring best management practices for agricultural nonpoint source activities which are not adopted on a voluntary basis, nor shall this section be interpreted to relieve any person from the responsibility to comply with the Idaho forest practices act.

History:

[39-3611, added 1995, ch. 352, sec. 1, p. 1173; am. 1997, ch. 279, sec. 6, p. 834; am. 2003, ch. 351, sec. 1, p. 938; am. 2005, ch. 334, sec. 2, p. 1049.]
Idaho Code § 39-3024 — Idaho Code / Title 39 / Chapter 30 / Section 39-3024
39-3024 PERSONS DISPATCHED TO ANOTHER STATE.
Status: in_force

39-3024. Persons dispatched to another state. The laws of the state of Idaho and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to article VI of the compact. If the aiding personnel are officers or employees of the state of Idaho or any subdivisions thereof, they shall be entitled to the same workmen's compensation or other benefits in case of injury or death to which they would have been entitled if injured or killed while engaged in coping with a nuclear incident in their jurisdictions of regular employment.

History:

[39-3024, added 1969, ch. 34, sec. 5, p. 61.]
Idaho Code § 39-7209 — Idaho Code / Title 39 / Chapter 72 / Section 39-7209
39-7209 LENDER LIABILITY.
Status: in_force

39-7209. Lender liability. Pursuant to rules adopted by the board, a person who maintains indicia of ownership primarily to protect a security interest in a site, and who does not participate in the management of the site, shall not be considered an owner or operator of that site, nor liable under any pollution control or other environmental protection law, rule or regulation, or otherwise responsible for any environmental contamination or response activity costs consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended. This section shall apply to all indicia of ownership existing at the time of passage of this chapter and those arising thereafter.

History:

[39-7209, added 1996, ch. 252, sec. 1, p. 800.]
Idaho Code § 39-2505 — Idaho Code / Title 39 / Chapter 25 / Section 39-2505
39-2505 SCOPE OF RURAL NURSING LOAN REPAYMENT GRANT SUPPORT.
Status: in_force

39-2505. SCOPE OF RURAL NURSING LOAN REPAYMENT GRANT SUPPORT. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The board may award grants in accordance with the procedures and criteria in this chapter to nurses for qualified education debt repayments and for nursing education loan repayments.

(2) Rural nursing loan repayment grant awards.

(a) Grant award recipients will be determined annually by the board.

(b) Subject to available funding, the board may offer awards to up to fifty (50) qualified applicants per year.

(c) A nurse selected to receive a rural nursing loan repayment grant award shall be entitled to receive qualified nursing education debt repayments for a period not to exceed three (3) years.

(d) Award amounts shall consist of:

(i) Five thousand dollars ($5,000) after the verified completion of one (1) year of continuous employment by eligible employers in an eligible area;

(ii) Ten thousand dollars ($10,000) after the verified completion of two (2) years of continuous employment by eligible employers in an eligible area; and

(iii) Ten thousand dollars ($10,000) after the verified completion of three (3) years of continuous employment by eligible employers in an eligible area.

(e) The award shall not exceed the qualified nursing education debt incurred by the recipient, and the maximum amount of education debt repayments that a rural nurse may receive shall be twenty-five thousand dollars ($25,000) over a three (3) year period.

(f) All nursing grant awards shall be paid directly from the rural nursing loan repayment fund to the recipient of the award.

(g) In determining the awards to be made in any given year, the board and the department shall consider the value of retaining an appropriate balance in the fund for use in future years.

(h) An award payment to a recipient in a single year is not guaranteed or assured in subsequent years.

(3) Grant awards are limited to qualified education debt repayments and nursing loan repayments for nurses providing nursing care in eligible areas.

(4) Nothing in this chapter may be construed to require the provision of awards without an appropriation for that purpose.

History:

[39-2505, added 2023, ch. 60, sec. 1, p. 219.]
Idaho Code § 39-115 — Idaho Code / Title 39 / Chapter 1 / Section 39-115
39-115 POLLUTION SOURCE PERMITS.
Status: in_force

39-115. Pollution source permits.

(1) (a) The director shall have the authority to issue pollution source permits in compliance with rules established hereunder.

(b) To determine the applicability of permit requirements for any major or minor air pollution source in Idaho, the department shall develop and recommend to the board for adoption, rules that define "regulated air pollutant" as follows:

(i) For purposes of a major source permit to operate issued or modified by the department in accordance with title V of the federal clean air act amendments of 1990, "regulated air pollutant" shall have the same meaning as in title V of the federal clean air act amendments of 1990, and any applicable federal regulations promulgated pursuant to title V of the federal clean air act amendments of 1990;

(ii) For purposes of any other operating permit issued or modified by the department, the federal definition of "regulated air pollutant" as defined in subsection (1)(b)(i) of this section shall also apply;

(iii) For purposes of any permit to construct issued or modified by the department pursuant to part D of subchapter I of the federal clean air act, "regulated air pollutant" shall mean those air contaminants that are regulated pursuant to part D of subchapter I of the federal clean air act and applicable federal regulations promulgated pursuant to part D of subchapter I of the federal clean air act; and

(iv) For purposes of major source compliance with 42 U.S.C. section 7412(g) and (i)(1), "regulated air pollutant" shall mean those air contaminants that are listed pursuant to 42 U.S.C. section 7412(b); and

(v) For purposes of any other major or minor permit to construct issued or modified by the department, "regulated air pollutant" shall mean those air contaminants that are regulated pursuant to part C of subchapter I of the federal clean air act and any applicable federal regulations promulgated pursuant to part C of subchapter I of the federal clean air act.

(c) To determine the applicability of any permit to construct or permit to operate requirement to any air pollution source in Idaho, fugitive emissions shall not be included in any applicability calculation, unless required by 42 U.S.C. section 7401 et seq. or any implementing regulation promulgated thereunder. The director shall develop and the board shall adopt rules that provide that, for both major and minor source permit applicability determinations, fugitive emissions shall be included only as required by 42 U.S.C. section 7401 et seq. or any implementing regulation promulgated thereunder.

(d) The director shall develop and recommend to the board for adoption through rulemaking, criteria to determine insignificant activities and such sources or modification with emissions at or below the de minimis level which shall not require either a permit to construct or a permit to operate; provided however, that a registration of the activities or sources may be required.

(2) The director shall have the authority to sue in competent courts to enjoin any threatened or continuing:

(a) Violations of pollution source permits or conditions thereof without the necessity of a prior revocation of the permit; or

(b) Construction of an industrial or commercial air pollution source without a permit required under this chapter or rules adopted hereunder.

(3) The department is authorized to charge and collect a fee for processing applications for industrial or commercial air pollution source permits in accordance with a fee schedule established by the board pursuant to this chapter. For fees charged for operating permits under title V of the federal clean air act amendments of 1990, the department shall not charge a fee on any hazardous air pollutant other than those listed under section 112 of the federal clean air act. The fee schedule shall be structured to provide an incentive for emission reduction.

(4) The director may issue air emission source permits to construct a facility to incinerate any waste or waste item contaminated with polychlorinated biphenyls (PCBs) only if the director finds:

(a) The facility will not be sited in complex valley terrain where the valley floor is less than five (5) miles wide and the valley walls rise more than one thousand (1,000) feet;

(b) The facility has complied with local planning and zoning requirements;

(c) There has been an opportunity for public participation; and

(d) The facility will employ best available technology and instrumentation.

Subsection (4) of this section shall not apply to incineration activities existing on or before January 1, 1987.

History:

[39-115, as added by 1973, ch. 138, sec. 1, p. 269; am. 1974, ch. 23, sec. 56, p. 633; am. 1987, ch. 135, sec. 1, p. 269; am. 1987, ch. 198, sec. 2, p. 418; am. 1993, ch. 275, sec. 6, p. 936; am. 2000, ch. 132, sec. 23, p. 335; am. 2005, ch. 292, sec. 2, p. 929; am. 2005, ch. 324, sec. 1, p. 994.]
Idaho Code § 39-6801 — Idaho Code / Title 39 / Chapter 68 / Section 39-6801
39-6801 SHORT TITLE.
Status: in_force

39-6801. SHORT TITLE. This chapter shall be known and may be cited as the "Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility Act."

History:

[39-6801, added 2023, ch. 73, sec. 1, p. 241.]
Idaho Code § 39-8615 — Idaho Code / Title 39 / Chapter 86 / Section 39-8615
39-8615 INSPECTIONS AND TESTS.
Status: in_force

39-8615. Inspections and tests. Conveyances shall have an inspection performed in accordance with ANSI/ASME standards set forth in section 39-8614, Idaho Code. The following types of inspections are required:

(1) Acceptance. The initial inspection and tests of new or altered equipment by a QEI to check for compliance with the applicable code requirements.

(2) Periodic. Periodic inspection and tests plus additional detailed examination and operation of equipment at specified intervals performed by a QEI to check for compliance with the applicable code requirements. Periodic inspections are required at least every five (5) years.

(3) Routine. Annual examinations performed in compliance with applicable codes to verify compliance with requirements.

History:

[39-8615, added 2004, ch. 359, sec. 1, p. 1072.]
Idaho Code § 39-2811 — Idaho Code / Title 39 / Chapter 28 / Section 39-2811
39-2811 HEARING OF PETITION FOR WITHDRAWAL.
Status: in_force

39-2811. Hearing of petition for withdrawal. Any person interested may appear at the hearing and object to the withdrawal of the portion from the district, or may object to the continuance of the remaining territory as an abatement district. The board of county commissioners shall consider all objections and shall pass upon the same, and if it finds that portion of the district sought to be withdrawn will not be reasonably benefited by remaining within the district, and the territory not sought to be withdrawn will be reasonably benefited by continuing as an abatement district, it shall grant the petition and enter an order thereon upon its records. In the event the board finds the district will not be reasonably benefited by continuing as an abatement district, it shall enter an order upon its records completely dissolving and terminating the previously existing abatement district. Upon the withdrawal of any territory from an abatement district, as in this section provided, all property acquired for the district shall remain vested in the county and be used for the purposes of the district. Upon complete dissolution of an abatement district as herein provided, all property acquired for the district shall remain vested in the county and be used for any general purpose of the county.

History:

[39-2811, as added by 1965, ch. 177, sec. 1, p. 363; am. 2007, ch. 188, sec. 9, p. 551.]
Idaho Code § 39-4516 — Idaho Code / Title 39 / Chapter 45 / Section 39-4516
39-4516 LIFE-SUSTAINING TREATMENT FOR UNEMANCIPATED MINORS.
Status: in_force

39-4516. life-sustaining treatment for unemancipated minors. (1) This section shall be known and may be cited as "Simon's Law."

(2) As used in this section:

(a) "Order not to resuscitate" means a licensed independent practitioner's order that resuscitative measures shall not be provided to a person under a licensed independent practitioner's care in the event the person is found to have cardiopulmonary cessation. Order not to resuscitate shall include but is not limited to orders written as "do not resuscitate," "do not allow resuscitation," "do not allow resuscitative measures," "DNAR," "DNR," "allow natural death," or "AND";

(b) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent licensed independent practitioner who is knowledgeable about a patient's case and the treatment possibilities with respect to the medical conditions involved; and

(c) "Unemancipated minor" means a minor who is not married or is not in active military service.

(3) An order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, and a similar licensed independent practitioner's order shall not be instituted, either orally or in writing, unless at least one (1) parent or legal guardian of an unemancipated minor who is a patient or resident of a hospital or health care facility under whose care the unemancipated minor has been admitted has first been notified of the licensed independent practitioner's intent to institute such an order, and reasonable attempts have been made to notify any other parent or legal guardian, provided such parent or guardian is reasonably available and has custodial or visitation rights. Such notification must be provided both orally and in writing to at least one (1) parent or legal guardian of the unemancipated minor patient unless, in the licensed independent practitioner's reasonable medical judgment, the urgency of the decision requires reliance on only providing the information orally. Such notification must also include informing the parent or legal guardian of the forty-eight (48) hour provision in subsection (5) of this section. Unless the parent or legal guardian agrees with the implementation of the following orders, an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner's order shall not be instituted, either orally or in writing, until at least forty-eight (48) hours after oral and written notice have been provided to at least one (1) parent or legal guardian in accordance with this section. The provision of such notification must be contemporaneously recorded in the patient's medical record, specifying by whom and to whom the notification was given, the date and time of its provision, and whether it was provided in writing as well. When only one (1) parent or guardian has been notified, the nature of reasonable attempts to inform another parent or guardian, or the reason why such attempts were not made, must also be contemporaneously recorded in the unemancipated minor patient's medical record.

(4) The requirements of subsection (3) of this section shall not apply after seventy-two (72) hours of diligent efforts have been made by the health care provider, without success, to contact and notify at least one (1) known parent or legal guardian of the unemancipated minor patient of the intent to implement an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner's order.

(5) Within forty-eight (48) hours of being notified of the intent to institute an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner's order according to subsection (3) of this section, a parent or legal guardian shall be entitled to request a transfer of the unemancipated minor patient or resident to another facility or discharge. If a transfer is requested by a parent or legal guardian, the hospital or health care facility under whose care the unemancipated minor is admitted must continue provision of artificial life-sustaining treatment and life-sustaining artificial nutrition and hydration for a minimum of fifteen (15) days after the transfer request has been made known and make every reasonable effort to assist the requesting parent or legal guardian in the transfer process. The hospital or health care facility's duties and financial obligations regarding transfer shall be governed by existing state law, applicable rules or regulations, hospital policy, and relevant third-party payment contracts.

(6) If a transfer cannot be arranged and executed within fifteen (15) days from the parent's or guardian's request to transfer, an order not to resuscitate, an order to withhold artificial life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar licensed independent practitioner's order may be instituted.

(7) Nothing in this section shall be construed to limit the rights pursuant to section 39-4503, 39-4504, 39-4509, or 39-4510, Idaho Code.

History:

[39-4516, added 2020, ch. 337, sec. 1, p. 980; am. 2023, ch. 307, sec. 21, p. 935.]
Idaho Code § 39-1211A — Idaho Code / Title 39 / Chapter 12 / Section 39-1211A
39-1211A KINSHIP FOSTER CARE — LIMITED VARIANCE OR WAIVER.
Status: in_force

39-1211A. Kinship foster care — limited variance or waiver. (1) Kin providing foster care for a child pursuant to chapter 16, title 16, Idaho Code, must be licensed in accordance with this chapter.

(2) Notwithstanding the provisions of subsection (1) of this section, the department may expedite placement with a relative, issue a foster care license, or grant a limited variance or waiver of a licensing standard or requirement for a relative. The department may establish separate standards or requirements for licensure of kin if, in the department's judgment, the health and safety of the child is not thereby endangered.

(3) If the department grants a limited variance or waiver of a licensing standard or requirement to the child's relative pursuant to this section, the department shall document the grounds for granting the limited variance or waiver and the reasons the limited variance or waiver will not compromise the related child's safety and health.

(4) A limited variance or waiver of a licensing standard or requirement granted to a child's relative pursuant to this section shall be reviewed by the department for continuing compliance, need, and approval at regular intervals, subject to the provisions of section 39-1113, Idaho Code.

History:

[39-1211A, added 2010, ch. 147, sec. 5, p. 321; am. 2025, ch. 142, sec. 3, p. 723; am. 2026, ch. 198, sec. 4, p. 868.]
Idaho Code § 39-1804 — Idaho Code / Title 39 / Chapter 18 / Section 39-1804
39-1804 LIABILITY FOR PROPERTY OF GUESTS.
Status: in_force

39-1804. Liability for property of guests. (1) The hotelkeeper is under no obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and, if such are accepted for safekeeping, he shall not be liable for the loss thereof unless such loss is the proximate result of fault or negligence of the hotelkeeper. The liability, if any, of the hotelkeeper to a guest shall be limited to one thousand dollars ($1,000) for such loss, or such higher amount as the hotelkeeper may agree in writing to assume, if the hotel has given a receipt for the property to the guest, stating the value of the property accepted for safekeeping, on a form which states, in type large enough to be clearly noticeable, that the hotel is not liable for any loss exceeding one thousand dollars ($1,000), or such higher amount as the hotelkeeper may agree in writing to assume, and is only liable for that amount if the loss is the proximate result of fault or negligence of the hotelkeeper.

(2) The hotelkeeper shall not be liable or responsible to any guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1) of this section, unless such loss occurred as the proximate result of fault or negligence of such hotelkeeper. In case of such fault or negligence, the hotelkeeper shall not be liable for a sum greater than five hundred dollars ($500) unless prior to the loss or damage the guest files with the hotelkeeper an inventory of his effects and the value thereof and the hotelkeeper is given the opportunity to inspect such effects and check them against such inventory. The hotelkeeper shall not be liable or responsible to any guest for the loss of effects listed in such inventory in a total amount exceeding one thousand dollars ($1,000) or such higher amount as the hotelkeeper may agree in writing to assume.

History:

[39-1804, added 1991, ch. 296, sec. 2, p. 780.]
Idaho Code § 39-3902 — Idaho Code / Title 39 / Chapter 39 / Section 39-3902
39-3902 DEFINITIONS.
Status: in_force

39-3902. Definitions. For purposes of this chapter, the following words and terms have the meanings hereinafter stated:

(1) "Emergency medical treatment" means immediate medical intervention required, according to the prevailing medical standards of judgment and practice within the community, because of the medical condition of the person subject to this chapter.

(2) "Evaluation committee" means an interdisciplinary team consisting of at least four (4) individuals qualified by education and training to evaluate an individual as required by the provisions of this chapter, and an advocate designated by the person subject to this chapter. Each committee must include: two (2) social workers, at least one (1) of whom must be a master's level; a clinical psychologist or a psychiatrist; and a physician.

(3) "Informed assent" means a process by which a person subject to this chapter who lacks or is alleged to lack the capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks and consequences of the procedures and, insofar as he or she is able to, indicates willingness and choice to undergo sterilization.

(4) "Interested person" means an interested, responsible adult including, but not limited to, the legal guardian, spouse, parent, legal counsel, adult child, or next of kin of a person subject to this chapter, or if none of these are available, the department of health and welfare.

(5) "Medically necessary" means that, according to the prevailing medical standards of judgment and practice within the community, the procedure is reasonably calculated to prevent or treat conditions in the person subject to this chapter that endanger life, cause severe pain, or cause functionally significant deformity or malfunction, and for which there is not an equally effective alternative course of treatment available or suitable.

(6) "Person subject to this chapter" means all persons, except adults who may consent to their own treatment pursuant to chapter 45, title 39, Idaho Code. Adults who are alleged to lack this capacity are also persons subject to this chapter.

(7) "Physician" means a person duly licensed in the state of Idaho to practice medicine and surgery without restriction pursuant to laws of the state of Idaho.

(8) "Records" includes, but is not limited to, all court files of judicial proceedings brought under this chapter, written clinical information, observations and reports, or fiscal documents relating to a person subject to this chapter who has undergone or is about to undergo sterilization and which are related to the sterilization.

(9) "Sterilization" means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce.

History:

[39-3902, added 2003, ch. 189, sec. 2, p. 512; am. 2005, ch. 120, sec. 5, p. 390; am. 2009, ch. 130, sec. 1, p. 409.]
Idaho Code § 39-7905 — Idaho Code / Title 39 / Chapter 79 / Section 39-7905
39-7905 APPLICATION — FACILITIES REGULATED.
Status: in_force

39-7905. Application — Facilities regulated. (1) The following swine facilities must obtain site approval under this chapter:

(a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and

(b) Existing swine facilities that expand their one-time animal unit capacity to twenty thousand (20,000) animal units or more.

(2) Two (2) or more swine facilities under common owners, operators or those with whom the owners or operators contract or are located within the same county or within five (5) miles of each other shall be considered, for purposes of licensing, to be a single facility regulated under this chapter, even though separately their capacity is less than twenty thousand (20,000) animal units. In each case, the director shall determine whether one (1) or multiple site approvals are required.

(3) (a) Existing swine facilities with a one-time animal unit capacity of twenty thousand (20,000) animal units built and in operation one (1) year or more before the original effective date of this chapter are exempt from the requirement to obtain a site approval pursuant to this chapter unless they expand as provided in this section. However, such facilities shall register with the director within three (3) months after the original effective date of this chapter. The director shall determine the information that must be submitted as part of their registration.

(b) Existing swine facilities required in this subsection to register with the director shall submit a nutrient management plan and closure plan to the director for approval within two (2) years of the original effective date of this chapter in accordance with rules of the department. An application fee shall not be required unless the facility is expanding.

History:

[39-7905, added 2000, ch. 268, sec. 1, p. 759.]
Idaho Code § 39-703 — Idaho Code / Title 39 / Chapter 7 / Section 39-703
39-703 IMMUNITY.
Status: in_force

39-703. immunity. Any person who reasonably administers CPR or reasonably renders emergency care using an AED, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person's acts or omissions. The immunity provided by this section shall not apply to acts or omissions amounting to gross negligence or willful, wanton, or reckless misconduct.

History:

[39-703, added 2023, ch. 123, sec. 2, p. 356.]
Idaho Code § 39-104A — Idaho Code / Title 39 / Chapter 1 / Section 39-104A
39-104A AUTHORITY TO MAKE RULES REGULATING LARGE SWINE FEEDING OPERATIONS — FINANCIAL ASSURANCES.
Status: in_force

39-104A. Authority to make rules regulating large swine feeding operations — Financial assurances. (1) The state of Idaho is experiencing the development of large swine feeding operations which are inadequately controlled through existing state regulatory mechanisms. If not properly regulated, these facilities pose a threat to the state's surface and ground water resources. Due to existing rulemaking authority, the department of environmental quality is in the best position of all state agencies to modify its present rules and to make new rules to develop an adequate regulatory framework for large swine feeding operations.

(2) The department of environmental quality is authorized to modify its existing administrative rules and to make new rules regulating large swine feeding operations, as they shall be defined by the department. The department is authorized to work with the Idaho department of agriculture in the development of such rules.

(3) Owners and operators of swine facilities required to obtain a permit from the department of environmental quality to construct, operate, expand or close the facilities shall provide financial assurances demonstrating financial capability to meet requirements for operation and closure of the facilities and remediation. Requirements for financial assurances shall be determined by the agency as set forth in rule. Financial assurances may include any mechanism or combination of mechanisms meeting the requirements established by agency rule including, but not limited to, surety bonds, trust funds, irrevocable letters of credit, insurance and corporate guarantees. The mechanism(s) used to demonstrate financial capability must be legally valid, binding and enforceable under applicable law and must ensure that the funds necessary to meet the costs of closure and remediation will be available whenever the funds are needed. The director may retain financial assurances for up to five (5) years after closure of a facility to ensure proper closure and remediation, as defined by rule.

(4) Those swine facilities described in section 39-7905, Idaho Code, shall meet the requirements of section 39-7907, Idaho Code, in addition to the requirements of this chapter and the department of environmental quality's rules regulating swine facilities, prior to the issuance of a final permit by the director. The director shall require that swine facilities be constructed in a phased manner over a period of time and that no additional facilities be constructed until the director approves the associated waste treatment system.

(5) Nothing in this section prohibits the boards of county commissioners of any county or the governing body of any city from adopting regulations that are more stringent or that require greater financial assurances than those imposed by the department of environmental quality. A board of county commissioners of a county or a governing body of a city in which a swine facility is located may choose to determine whether the facility is properly closed according to imposed standards or may leave that determination to the department. This choice shall be communicated to the director in writing when closure begins; provided that determinations of closure by a board of county commissioners of a county or a governing body of a city in which the swine facility is located shall not permit closure under less stringent requirements than those imposed by the department.

(6) As used in this section:

(a) "Animal unit" means a unit equaling two and one-half (2.5) 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 multiplied by four-tenths (.4) plus the number of weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth (.1).

(b) "Facilities" or "facility" means a place, site or location or part thereof where swine are kept, handled, housed or otherwise maintained and includes, but is not limited to, buildings, lots, pens and animal waste management systems, and which has a one-time animal unit capacity of two thousand (2,000) or more animal units.

(c) "Large swine feeding operations" means swine facilities having a one-time animal unit capacity of two thousand (2,000) or more animal units.

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

History:

[39-104A, added 1999, ch. 263, sec. 1, p. 669; am. 2000, ch. 132, sec. 7, p. 319; am. 2000, ch. 221, sec. 1, p. 614; am. 2001, ch. 103, sec. 14, p. 265; am. 2001, ch. 350, sec. 1, p. 1229; am. 2011, ch. 227, sec. 3, p. 621.]
Idaho Code § 39-4413 — Idaho Code / Title 39 / Chapter 44 / Section 39-4413
39-4413 ENFORCEMENT PROCEDURES.
Status: in_force

39-4413. Enforcement procedures. (A) Whenever the director determines that any person is in violation of any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuant to this chapter, one or more of the following actions may be taken:

(1) ADMINISTRATIVE ENFORCEMENT ACTIONS.

(a) Notice. The director may commence an administrative enforcement action by issuing a written notice of violation. The notice of violation shall identify the alleged violation with specificity, shall specify each provision of the act, rule, regulation, permit or order which has been violated, and shall state the amount of civil penalty claimed for each violation. The notice of violation shall inform the person to whom it is directed of an opportunity to confer with the director or the director's designee in a compliance conference concerning the alleged violation. A written response may be required within fifteen (15) days of receipt of the notice of violation by the person to whom it is directed.

(b) Scheduling Compliance Conference. If a recipient of a notice of violation contacts the department within fifteen (15) days of the receipt of notice, the recipient shall be entitled to a compliance conference. The conference shall be held within twenty (20) days of the date of receipt of notice, unless a later date is agreed upon between the parties. If a compliance conference is not requested, the director may proceed with a civil enforcement action as provided in subsection (3) of this section.

(c) Compliance Conference. The compliance conference shall provide an opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and for assuring future compliance. If the recipient and the director agree on a plan to remedy damage caused by the alleged violation and to assure future compliance, they may enter into a consent order formalizing their agreement. The consent order may include a provision for payment of any agreed civil penalty.

(d) Effect of Consent Order. A consent order shall be effective immediately upon signing by both parties and shall preclude any civil enforcement action for the same alleged violation. If a party does not comply with the terms of the consent order, the director may seek and obtain in any appropriate district court specific performance of the consent order and such other relief as authorized in this chapter.

(e) Failure to Reach Agreement on Consent Order. If the parties cannot reach agreement on a consent order within sixty (60) days after the receipt of the notice of violation, or if the recipient does not request a compliance conference pursuant to subsection (A)(1)(b) of this section, the director may commence and prosecute a civil enforcement action in district court, in accordance with subsection (A)(3) of this section.

(2) PERMIT SUSPENSION OR REVOCATION PROCEEDINGS.

(a) Grounds. The director may revoke or temporarily suspend the permit of any hazardous waste facility or site pursuant to the grounds provided in subsection (6) of section 39-4409, Idaho Code.

A violation that is shown to have occurred as the result of an unforeseeable act of God despite a permitted party's reasonable efforts to comply with all applicable legal requirements shall not be grounds for a suspension or revocation.

(b) Notice of Hearing. The director shall commence a permit suspension or revocation action by giving a permitted party a written notice of intent to suspend or revoke. The notice shall inform the permitted party of facts or conduct which warrant suspension or revocation of the permit. The notice, hearing, and record requirements for contested cases contained in the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and subsection (A)(2)(c) of this section shall apply to proceedings initiated under this subsection. Revocation or suspension of a permit shall become final fifteen (15) days after delivery of the notice of intent to revoke or suspend unless the permitted party requests a hearing.

(c) Administrative Hearing Provisions.

(i) Upon a timely request by a permit holder for a hearing to review the director's action under subsection (A)(2)(b) of this section, the director shall promptly conduct a hearing open to the public. The contested case provisions of the Idaho administrative procedure act shall apply to all hearings conducted under this subsection.

(ii) The director shall have the authority to request from the district court in and for Ada county or any other appropriate district court the issuance of an order in the nature of a subpoena compelling the attendance and testimony of witnesses and the production before the director of papers, books, drawings, documents, test results, and other evidence relevant to a permit suspension or revocation investigation or adjudication.

(iii) After the hearing, the director shall issue a written opinion setting forth findings of fact, conclusions of law and an order. An aggrieved person subject to the director's order may seek its review as a final order in a district court as provided by the Idaho administrative procedure act. District court review of the director's decision shall be limited to the record developed before the director.

(3) CIVIL ENFORCEMENT ACTION. The attorney general may commence and prosecute in district court a civil enforcement action. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this chapter or any rule, regulation, permit, condition, requirement, consent order, or order which has become effective pursuant to this chapter. Such action may be brought to compel compliance with any provision of this chapter or with any rule, regulation, permit or order promulgated hereunder, and for any relief or remedies authorized in this chapter. The director shall not be required to initiate or prosecute an administrative action before the attorney general may commence and prosecute a civil enforcement action. In addition, the attorney general may delegate this authority regarding civil enforcement actions to the prosecuting attorney of the county where a civil enforcement action may arise.

(B) ACTIONS AGAINST GUARANTORS. If the owner or operator is in bankruptcy, reorganization or other arrangement pursuant to the federal bankruptcy code, or where jurisdiction cannot be obtained over an owner or operator likely to be solvent at the time of judgment, an action may be brought directly against a guarantor of financial responsibility by the state or any injured party for any claim arising from conduct for which guarantees of financial responsibility have been made. The guarantor may invoke all rights and defenses which would have been available to the owner or operator and all rights and defenses normally available to the guarantor.

(C) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL COURT PROCEEDINGS BROUGHT UNDER THE PROVISIONS OF THIS CHAPTER. No civil or administrative proceeding may be brought to recover for a violation of this chapter or any permit, standard, regulation, condition, requirement or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation.

History:

[39-4413, added 1983, ch. 154, sec. 1, p. 425; am. 1986, ch. 148, sec. 6, p. 422; am. 1988, ch. 259, sec. 3, p. 501; am. 1989, ch. 38, sec. 1, p. 49.]
Idaho Code § 39-3622 — Idaho Code / Title 39 / Chapter 36 / Section 39-3622
39-3622 ENFORCEMENT PROVISIONS.
Status: in_force

39-3622. Enforcement provisions. (1) The designated agency shall ensure that the approved outstanding resource water best management practices are implemented for new nonpoint source activities. If a person fails to obtain approval from a designated agency for a new nonpoint source activity as set forth in section 39-3620, Idaho Code, or if a person fails to implement approved best management practices and water quality is lowered, the designated agency may institute a civil action for an immediate injunction to halt the activity or pursue other remedies provided by law.

(2) Nothing in this act shall restrict the enforcement authority of the department or designated agencies as provided by law.

History:

[39-3622, added 1995, ch. 352, sec. 1, p. 1177.]
Idaho Code § 39-4105 — Idaho Code / Title 39 / Chapter 41 / Section 39-4105
39-4105 DEFINITIONS.
Status: in_force

39-4105. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning. Where terms are not defined in this chapter and are defined in the currently adopted international building code published by the international code council, such terms shall have the meanings ascribed to them in that code:

(1) "Administrator" means the administrator of the division of occupational and professional licenses for the state of Idaho.

(2) "Board" means the Idaho building code board, herein created.

(3) "Building inspector" means a person who inspects buildings or structures for compliance with the provisions of this chapter.

(4) "Construction" means the erection, fabrication, reconstruction, demolition, alteration, conversion, or repair of a building or the installation of equipment therein normally a part of the structure.

(5) "Division" means the state of Idaho division of occupational and professional licenses.

(6) "International fire code" means the international fire code as published by the international code council.

(7) "Local government" means any city or county of this state.

(8) "Manufactured home" means a structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one (1) or more sections, that, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure that meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 U.S.C. 5401 et seq. Manufactured homes include multidwelling unit manufactured homes that are constructed in accordance with the HUD manufactured home construction and safety standards.

(9) "Mobile home" means a factory-assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.

(10) "Telecommunications facilities" means all wires, cables, equipment, apparatus or other installations necessary to furnish service, by which there is accomplished or may be accomplished the sending or receiving of information, data, message writing signs, signals, pictures, and sounds of all kinds, by aid of such wires, cables, equipment, apparatus or other installations, but shall not include the habitable structure in which such telecommunications facilities are housed.

History:

[39-4105, added 1975, ch. 180, sec. 2, p. 486; am. 1976, ch. 129, sec. 1, p. 488; am. 1983, ch. 153, sec. 2, p. 408; am. 1986, ch. 30, sec. 1, p. 85; am. 1992, ch. 197, sec. 1, p. 609; am. 1995, ch. 267, sec. 9, p. 859; am. 1996, ch. 421, sec. 27, p. 1423; am. 2002, ch. 345, sec. 7, p. 966; am. 2004, ch. 250, sec. 2, p. 717; am. 2007, ch. 252, sec. 2, p. 738; am. 2023, ch. 15, sec. 10, p. 79; am. 2026, ch. 171, sec. 1, p. 799.]
Idaho Code § 39-5209 — Idaho Code / Title 39 / Chapter 52 / Section 39-5209
39-5209 RULES.
Status: in_force

39-5209. Rules. The council shall promulgate, adopt and amend rules and criteria to implement the provisions of this chapter regarding applications and grants for domestic violence project funding and for funding under any other grant program administered by the council. Such promulgation, adoption and amendment shall be in compliance with the provisions of chapter 52, title 67, Idaho Code.

History:

[39-5209, added 1982, ch. 181, sec. 1, p. 472; am. 2000, ch. 343, sec. 6, p. 1163.]
Idaho Code § 39-4109B — Idaho Code / Title 39 / Chapter 41 / Section 39-4109B
39-4109B ELECTRIC VEHICLE BUILDING PLAN REQUIREMENTS — PREEMPTION.
Status: in_force

39-4109B. electric vehicle building plan requirements — preemption. (1) Notwithstanding any other provision of law to the contrary, neither the state of Idaho nor any local government in Idaho shall adopt any requirement that an electric vehicle (EV) charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation be included in a building plan.

(2) This section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or municipality that requires an EV charging station, a designated EV parking space, an upgraded electrical conduit, or other infrastructure for the purpose of EV charging station installation to be included in a building plan.

History:

[39-4109B, added 2025, ch. 33, sec. 1, p. 170.]
Idaho Code § 39-1321 — Idaho Code / Title 39 / Chapter 13 / Section 39-1321
39-1321 JOINT DISTRICTS IN ONE OR MORE COUNTIES.
Status: in_force

39-1321. Joint districts in one or more counties. A hospital district as provided in section 39-1320 may be organized where it appears that said district will be within the boundaries of one (1) or more counties, where all the other requirements provided in section 39-1320 have been met, and the county commissioners of each county in which such district will be formed shall affirmatively find that the public welfare of that portion of the county will be served by the inclusion thereof in such joint county district, that such district is not an unnatural extension of a service district for hospital services, and that the petition for such district has been signed by not less than 10% of the qualified electors and taxpayers of that portion of the proposed district lying within the county.

History:

[39-1321, added 1965, ch. 173, sec. 4, p. 340.]
Idaho Code § 39-3332 — Idaho Code / Title 39 / Chapter 33 / Section 39-3332
39-3332 MEETINGS.
Status: in_force

39-3332. Meetings. The residential care or assisted living advisory council shall meet as necessary but not less than four (4) times a year. Meetings of the council shall be open to the public. The department shall provide:

(1) Staff necessary to assist the council in performing its duties.

(2) Space for meetings of the council.

(3) Accommodations for alternative meeting formats.

History:

[39-3332, added 1990, ch. 116, sec. 2, p. 253; am. 2005, ch. 280, sec. 23, p. 895; am. 2011, ch. 123, sec. 3, p. 347.]
Idaho Code § 39-6117 — Idaho Code / Title 39 / Chapter 61 / Section 39-6117
39-6117 ELIGIBILITY FOR FUTURE PARTICIPATION.
Status: in_force

39-6117. Eligibility for future participation. Health care facilities may be denied future participation in the J-1 visa waiver program or national interest waiver program if:

(1) The required annual reports are not submitted in a complete and timely manner;

(2) A waiver physician does not serve the designated shortage area or shortage population approved at the time of placement for the full three (3) to five (5) years of employment. This does not apply only if the approved site is in a designated health professional shortage area that loses its designation after the waiver physician begins employment;

(3) A waiver physician does not remain employed by the applicant for the full three (3) to five (5) years of employment;

(4) The applicant or waiver physician is not in compliance with the terms defined in this chapter or any federal requirements.

History:

[39-6117, added 2004, ch. 128, sec. 1, p. 447; am. 2009, ch. 106, sec. 19, p. 338; am. 2017, ch. 72, sec. 16, p. 184.]
Idaho Code § 39-2601 — Idaho Code / Title 39 / Chapter 26 / Section 39-2601
39-2601 SHORT TITLE.
Status: in_force

39-2601. Short title. This act shall be known and may be cited as the "Fireworks Act of 1997."

History:

[39-2601, added 1997, ch. 246, sec. 2, p. 709.]
Idaho Code § 39-5003 — Idaho Code / Title 39 / Chapter 50 / Section 39-5003
39-5003 SERVICE CENTERS.
Status: in_force

39-5003. Service centers. The administrator is authorized to establish multipurpose service centers for displaced homemakers. Each center shall have an advisory board appointed by the administrator in consultation with the director of the center. Such board shall consist of individuals representing displaced homemakers, organizations and agencies providing services beneficial to displaced homemakers, and the general public.

Each center shall include the following services:

(a) Job counseling services designed for a displaced homemaker;

(b) Job training and placement services developed in cooperation with public and private employers to train displaced homemakers for available jobs in the public and private sectors, taking into account the skills and job experiences of a homemaker and to assist displaced homemakers in gaining admission to existing public and private job training programs;

(c) Health education and counseling services with respect to general principles of preventative health care, mental health, alcohol and drug addiction and other related health care matters;

(d) Financial management services which provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans and other related financial matters; and

(e) Educational services including information about courses offering credit through secondary and postsecondary education programs and information about other services determined to be of interest and benefit to displaced homemakers.

History:

[(39-4903) 1980, ch. 333, sec. 1, p. 860; am. 1982, ch. 20, sec. 1, p. 24.]
Idaho Code § 39-9102 — Idaho Code / Title 39 / Chapter 91 / Section 39-9102
39-9102 DECLARATION OF POLICY AND INTENT.
Status: in_force

39-9102. DECLARATION OF POLICY AND INTENT. (1) Citizens of Idaho experiencing a behavioral health crisis are often incarcerated, hospitalized or treated in hospital emergency departments because an appropriate level of care to meet their needs is not available.

(2) Hospital emergency departments, jails and law enforcement agencies in Idaho have become the default providers of crisis intervention to Idaho citizens with behavioral health disorders. Extensive resources are being unnecessarily expended by law enforcement and hospitals on behavioral health crisis services.

(3) It is the policy of this state that citizens with behavioral health disorders should not be needlessly incarcerated when no crime has been perpetrated or the crime is of a minor nature arising from a behavioral health disorder, crisis or incident.

(4) Therefore, it is the intent of the legislature that behavioral health community crisis centers, hereinafter referred to as crisis centers, be developed and operated, as funding is appropriated, to provide the appropriate level of care to meet the needs of Idahoans experiencing behavioral health crises.

(5) The crisis centers shall be available on a voluntary basis to individuals experiencing a behavioral health crisis. The centers shall provide transitional de-escalation, stabilization and community referral services only, and the centers shall not serve as inpatient or residential facilities.

(6) This chapter and any subsequent administrative rules shall not assume authority over other community efforts to assist Idahoans experiencing behavioral health crises.

History:

[39-9102, added 2014, ch. 131, sec. 1, p. 365.]
Idaho Code § 39-1353 — Idaho Code / Title 39 / Chapter 13 / Section 39-1353
39-1353 POWER TO ISSUE AND SELL TAX ANTICIPATION NOTES OR BONDS.
Status: in_force

39-1353. Power to issue and sell tax anticipation notes or bonds. Hospital districts created and existing under this chapter shall have the further power to issue and sell tax anticipation notes or bonds in the manner, and for the purposes and to the extent authorized by chapter 31 of title 63 of Idaho Code.

History:

[39-1353, added 1965, ch. 173, sec. 36, p. 340.]
Idaho Code § 39-3625 — Idaho Code / Title 39 / Chapter 36 / Section 39-3625
39-3625 DEFINITIONS.
Status: in_force

39-3625. Definitions. (1) "Sewage treatment works" means any facility for the purpose of collecting, treating, neutralizing or stabilizing sewage or industrial wastes of a liquid nature, including treatment by disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances.

(2) "Community water system" means a public drinking water system that serves at least fifteen (15) service connections used by year-round residents or serves at least twenty-five (25) year-round residents.

(3) "Nonprofit noncommunity water system" means a public drinking water system that is not a community water system and is governed by section 501 of the Internal Revenue Code and includes, but is not limited to: state agencies, municipalities and nonprofit organizations such as churches and schools.

(4) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works or best management practices, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, community public water systems, nonprofit noncommunity public water systems or best management practices, the engineering, architectural, legal, fiscal and economic investigations, reports and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, community public water systems, nonprofit noncommunity public water systems or best management practices, and the inspection and supervision of the construction of sewage treatment works, community public water systems, nonprofit noncommunity public water systems or best management practices.

(5) "Eligible construction project" means a project for construction of sewage treatment works, community public water systems, nonprofit noncommunity public water systems or for a project for the application of best management practices as set forth in the approved state water quality plan, in related project areas:

(a) For which approval of the Idaho board of environmental quality is required under section 39-118, Idaho Code;

(b) Which is, in the judgment of the Idaho board of environmental quality, eligible for water pollution abatement assistance or for provision of safe drinking water, whether or not federal funds are then available therefor;

(c) Which conforms with applicable rules of the Idaho board of environmental quality;

(d) Which is, in the judgment of the Idaho board of environmental quality, necessary for the accomplishment of the state's policy of water purity as stated in section 39-3601, Idaho Code; and

(e) Which is needed, in the judgment of the Idaho board of environmental quality, to correct existing water pollution problems or public health hazards and to provide reasonable reserve capacity to prevent future water pollution problems or public health hazards or to provide for safe drinking water.

(6) "Municipality" means any county, city, special service district, nonprofit corporation or other governmental entity having authority to dispose of sewage, industrial wastes, or other wastes, or to provide for safe drinking water, any Indian tribe or authorized Indian tribal organization, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project.

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

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

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

(10) "Nondomestic wastewater" means wastewater whose source of contamination is not principally human excreta.

(11) "Best management practice" means practices, techniques or measures identified in the state water quality plan which are determined to be the most effective, practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals.

(12) "Nonpoint source pollution" means water pollution that comes from many varied, nonspecific and diffused sources and can be categorized by the general land disturbing activity that causes the pollution.

(13) "Training program" means any course of training established to provide sewage treatment plant operating personnel and public drinking water system personnel with increased knowledge to improve their ability to operate and maintain sewage treatment works and public drinking water systems.

History:

[(39-3625) 1970, ch. 87, sec. 2, p. 211; am. 1974, ch. 23, sec. 154, p. 723; am. 1974, ch. 80, sec. 1, p. 1167; am. 1977, ch. 176, sec. 1, p. 452; am. 1980, ch. 208, sec. 2, p. 475; am. 1980, ch. 280, sec. 1, p. 727; am. 1986, ch. 66, sec. 1, p. 188; am. and redesig. 1995, ch. 352, sec. 9, p. 1183; am. 1999, ch. 137, sec. 10, p. 394; am. 2000, ch. 53, sec. 2, p. 104; am. 2001, ch. 103, sec. 36, p. 281.]
Idaho Code § 39-3304 — Idaho Code / Title 39 / Chapter 33 / Section 39-3304
39-3304 TYPES OF FACILITIES.
Status: in_force

39-3304. Types of facilities. The state will foster the development of, and provide incentives for, residential care or assisted living facilities serving specific mentally ill and developmentally or physically disabled populations which are small in size to provide for family and homelike arrangements. Small facilities of eight (8) beds or less for individuals with developmental or physical disabilities or dementia and fifteen (15) beds or less for individual with mental illness will provide residents with the opportunity for normalized and integrated living in typical homes in neighborhoods and communities.

History:

[39-3304, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 4, p. 1350; am. 2000, ch. 274, sec. 12, p. 813; am. 2005, ch. 280, sec. 6, p. 885.]
Idaho Code § 39-4402 — Idaho Code / Title 39 / Chapter 44 / Section 39-4402
39-4402 LEGISLATIVE FINDINGS, PURPOSES, AND INTENT.
Status: in_force

39-4402. Legislative findings, purposes, and intent. (1) The legislature of the State of Idaho finds:

(a) That continuing technological progress, increases in manufacturing, and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous waste;

(b) That the public health and safety, and the environment, are threatened when hazardous wastes are not managed in an environmentally sound manner;

(c) That the knowledge and technology necessary for alleviating adverse health, environmental, and aesthetic impacts resulting from current hazardous waste management and disposal practices are generally available; and

(d) That the problem of proper management of hazardous waste has become a matter of great statewide concern.

(2) Therefore, it is hereby declared that the purposes of this chapter are:

(a) To protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;

(b) To establish a program to track and control hazardous wastes from the time they are generated through transportation, treatment, storage, and disposal; and

(c) To assure the safe and adequate management of hazardous wastes within this state.

(3) It is the intent of the legislature that the site licensing process provided for by this chapter not duplicate processes otherwise provided for by state or federal law. The site licensing procedure provided by sections 39-4433 through 39-4441, Idaho Code, is intended to be a preliminary, general review that does not include the type of specific, detailed technical information required for the hazardous waste management act permit process provided for by section 39-4409, Idaho Code.

History:

[39-4402, added 1983, ch. 154, sec. 1, p. 417; am. 2026, ch. 89, sec. 2, p. 462.]
Idaho Code § 39-7428 — Idaho Code / Title 39 / Chapter 74 / Section 39-7428
39-7428 ADDITIONS AND PENALTIES.
Status: in_force

39-7428. Additions and Penalties. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076, and 63-3077, Idaho Code, shall apply in the same manner and to the same extent to this chapter as to the Idaho income tax act and shall cover such additions, penalties, and requirements and shall, for this purpose, be described and be for acts, omissions, delinquencies, and requirements provided in this chapter.

History:

[39-7428, added 2026, ch. 7, sec. 32, p. 52.]
Idaho Code § 39-4305 — Idaho Code / Title 39 / Chapter 43 / Section 39-4305
39-4305 RECIPROCITY OF STANDARDS WITH OTHER STATES.
Status: in_force

39-4305. Reciprocity of standards with other states. (1) If the administrator determines that standards for modular buildings that have been adopted by the statutes or rules of another state are at least equal to the standards adopted by the administrator, the administrator may so provide by rule.

(2) If the administrator determines that standards for modular buildings have not been adopted by another state, and modular buildings from that state are transported into this state to be offered for sale, the administrator may certify reciprocal states to inspect such modular buildings. If there is no reciprocity agreement with a state of manufacture, then Idaho will inspect the building, plumbing, electrical and HVAC, provided that the out-of-state manufacturer shall bear the costs of travel and inspection services related to such inspection. If the administrator shall then determine that the modular buildings meet the standards of this state, the product shall be acceptable and the administrator may issue insignia for said modular buildings.

History:

[39-4305, added 2007, ch. 252, sec. 5, p. 742.]
Idaho Code § 39-6715 — Idaho Code / Title 39 / Chapter 67 / Section 39-6715
39-6715 IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN.
Status: in_force

39-6715. Implementation of a regional air quality plan. To the greatest extent practicable, all Idaho state and local government agencies shall incorporate and implement the plan and its recommendations. In circumstances where any state or local government agency chooses not to implement any element of the plan, any such agency shall provide to the council a written explanation of its failure to implement that portion of the plan.

History:

[39-6715, added 2005, ch. 206, sec. 1, p. 621.]
Idaho Code § 39-2504 — Idaho Code / Title 39 / Chapter 25 / Section 39-2504
39-2504 REVIEW BOARD.
Status: in_force

39-2504. REVIEW BOARD. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The director shall appoint eight (8) members of a board to be known as the rural nursing loan repayment grant review board. Members of the board:

(a) Shall serve at the pleasure of the director; and

(b) Shall not be compensated but shall be reimbursed for travel expenses incurred for attendance at board meetings.

(2) The board shall meet at least annually for the purposes described in this chapter.

(3) The board shall be composed of the following:

(a) A rural hospital chief nursing officer or administrator;

(b) A rural long-term care chief nursing officer or administrator;

(c) A faculty member from an Idaho-accredited registered nursing school;

(d) A faculty member from an Idaho-licensed practical nursing school;

(e) A federally qualified health center or rural health clinic representative;

(f) A representative from the American nurses association-Idaho or the nurse leaders of Idaho association;

(g) An Idaho hospital association representative; and

(h) An Idaho health care association representative.

(4) Appointments to the board shall be for three (3) years, except for initial appointments to the board, which shall be staggered in such a manner that approximately one-third (1/3) of the board members are appointed for one (1) year, one-third (1/3) of the board members are appointed for two (2) years, and one-third (1/3) of the board members are appointed for three (3) years. Board members may be reappointed at the end of their terms.

(5) A majority of the board members constitutes a quorum for the transaction of business. A majority vote is required by the quorum in finalizing decisions.

History:

[39-2504, added 2023, ch. 60, sec. 1, p. 219.]
Idaho Code § 39-902 — Idaho Code / Title 39 / Chapter 9 / Section 39-902
39-902 REPORTABLE DISEASES.
Status: in_force

39-902. Reportable diseases. It shall be the duty of any person, hospital, or health care facility assisting in the birth of a child to report inflammation of the eyes of the newborn as described in section 39-901, Idaho Code, or other reportable disease in accordance with department of health and welfare rules to either the department of health and welfare or the local health district.

History:

[39-902, added 2025, ch. 45, sec. 8, p. 217.]
Idaho Code § 39-5312 — Idaho Code / Title 39 / Chapter 53 / Section 39-5312
39-5312 RULES.
Status: in_force

39-5312. Rules. The director of the commission shall have the authority to adopt, promulgate and enforce such rules as he deems necessary in carrying out the provisions of this chapter, subject to the provisions of chapter 52, title 67, Idaho Code.

History:

[(39-5312) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 15, p. 854; am. 1996, ch. 78, sec. 9, p. 251.]
Idaho Code § 39-6107 — Idaho Code / Title 39 / Chapter 61 / Section 39-6107
39-6107 APPLIED PRINCIPLES.
Status: in_force

39-6107. Applied principles. (1) Option of last resort. The J-1 visa waiver and national interest waiver programs are considered a final source for recruiting qualified physicians. These programs are not a substitute for broad recruiting efforts for graduates from United States medical schools, but an option of last resort. Any application that qualifies for consideration under any other interested government agency or federal program, such as the one administered by the department of health and human services, must be submitted under that program in lieu of the J-1 visa waiver program. The option of last resort principle does not apply to national interest waiver petitioning physicians for whom a J-1 visa waiver request was issued by the state of Idaho; in which case, physician retention is the objective if it is determined to be in the public interest.

(2) Waiver request applications will only be considered for health care facilities that can provide evidence of sustained active recruitment over a period of at least three (3) months for the physician vacancy in the practice location. The three (3) month vacancy requirement does not apply to a national interest waiver petitioning physician for whom a J-1 visa waiver request was issued by the state of Idaho.

(3) The J-1 visa waiver program and national interest waiver program will be used to assist health care facilities that can document the provision of health care services to all residents of the federally determined area of underservice. When a federal designation is for an underserved population, the health care facility must document the provision of care to, and assure access by, the underserved population.

History:

[39-6107, added 2004, ch. 128, sec. 1, p. 440; am. 2009, ch. 106, sec. 7, p. 328; am. 2017, ch. 72, sec. 4, p. 174; am. 2023, ch. 31, sec. 4, p. 152.]
Idaho Code § 39-601 — Idaho Code / Title 39 / Chapter 6 / Section 39-601
39-601 VENEREAL DISEASES ENUMERATED.
Status: in_force

39-601. Venereal diseases enumerated. Syphilis, gonorrhea, human immunodeficiency virus (HIV), chlamydia and hepatitis B virus (HBV), hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable and dangerous to public health; and it shall be unlawful for anyone infected with these diseases or any of them to knowingly expose another person to the infection of such diseases.

History:

[(39-601) 1921, ch. 200, secs. 1, 6, p. 406; I.C.A., sec. 38-501; am. 1945, ch. 52, sec. 1, p. 67; am. 1986, ch. 70, sec. 1, p. 195; am. 1988, ch. 45, sec. 1, p. 51; am. 1990, ch. 143, sec. 1, p. 322; am. 2012, ch. 311, sec. 1, p. 858.]
Idaho Code § 39-8012 — Idaho Code / Title 39 / Chapter 80 / Section 39-8012
39-8012 SEVERABILITY.
Status: in_force

39-8012. Severability. If any portion of this act, or the application of any provision of this act to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected.

History:

[39-8012, added 2000, ch. 352, sec. 1, p. 1186.]
Idaho Code § 39-1221 — Idaho Code / Title 39 / Chapter 12 / Section 39-1221
39-1221 REMOVAL OF CHILDREN.
Status: in_force

39-1221. Removal of children. Any child or children receiving child care in a children's residential care facility or children's therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate court of the county in which the child is receiving care and returned to the child's own home, or placed in the custody of the department if the child's custodial parent is not available. The prosecuting attorneys of the several counties shall represent the department at all stages of the proceedings before the magistrate court. The magistrate court shall retain jurisdiction relative to child custody pursuant to the provisions of this section. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the violation, the attorney general is authorized to prosecute violations under this chapter.

History:

[39-1221, added 1963, ch. 320, sec. 14, p. 901; am. 1990, ch. 215, sec. 22, p. 578; am. 1990, ch. 214, sec. 4, p. 567; am. 2001, ch. 93, sec. 15, p. 241; am. 2002, ch. 219, sec. 11, p. 604.]
Idaho Code § 39-3636 — Idaho Code / Title 39 / Chapter 36 / Section 39-3636
39-3636 FAILURE TO PROVIDE SEWAGE DISPOSAL — PENALTIES.
Status: in_force

39-3636. Failure to provide sewage disposal — Penalties. Failure to provide certified sewage disposal as provided in section 39-3635(1), Idaho Code, or failure to connect to a district sewer system or to pay, when due, any connection fee or charge, any monthly rate, toll or charge, or any special benefits payment, all as required and provided for in subsections (2) and (3) of section 39-3635, Idaho Code, shall result in the following:

(a) Forfeiture of lease to the state of Idaho after reasonable notice and hearing, as shall be prescribed in rules to be adopted by the department issuing the lease pursuant to the applicable provisions of chapter 52, title 67, Idaho Code, as now or hereafter in force.

(b) Loss of sewage treatment facility credit on any transfer of lease or new lease of such site after notice and hearing before the department issuing such lease.

The department issuing any cottage site lease, upon its own motion or upon receiving notice from a water and sewer district pursuant to the provisions of section 39-3635(4), Idaho Code, of the failure of a cottage site lessee to connect to a district sewer system or to pay any connection fee or charge, any monthly rate, toll or charge, or any special benefits payments, when due, is authorized to invoke either or both remedies at its discretion or may take such other action allowed by law to enforce the provisions of the lease and the requirements of section 39-3635, Idaho Code, that each cottage site lessee connect to a district sewer system and pay all fees, charges and payments when due.

History:

[(39-3636) 1970, ch. 191, sec. 3, p. 555; am. 1979, ch. 100, sec. 2, p. 244; am. and redesig. 1995, ch. 352, sec. 20, p. 1191.]
Idaho Code § 39-4508 — Idaho Code / Title 39 / Chapter 45 / Section 39-4508
39-4508 RESPONSIBILITY FOR CONSENT AND DOCUMENTATION.
Status: in_force

39-4508. Responsibility for consent and documentation. Obtaining sufficient consent for health care services is the duty of the attending licensed independent practitioner upon whose order or at whose direction the contemplated health care services are rendered; provided however, a licensed hospital and any employee of a health care provider, acting with the approval of such an attending licensed independent practitioner or other individual health care provider, may perform the ministerial act of documenting such consent by securing the completion and execution of a form or statement in which the giving of consent for such care is documented by or on behalf of the person. In performing such a ministerial act, the hospital or health care provider employee shall not be deemed to have engaged in the practice of medicine or dentistry.

History:

[(39-4508) 39-4507, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 8, p. 583; am. 2012, ch. 302, sec. 6, p. 828; am. 2023, ch. 307, sec. 8, p. 927.]
Idaho Code § 39-7915 — Idaho Code / Title 39 / Chapter 79 / Section 39-7915
39-7915 SEVERABILITY CLAUSE.
Status: in_force

39-7915. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[39-7915, added 2000, ch. 268, sec. 1, p. 768.]
Idaho Code § 39-176C — Idaho Code / Title 39 / Chapter 1 / Section 39-176C
39-176C DEFINITIONS.
Status: in_force

39-176C. DEFINITIONS. Wherever used or referred to in sections 39-176A through 39-176F, Idaho Code, unless a different meaning clearly appears from the context:

(1) "Auxiliary holding pond" (AHP) means a lined storage pond typically used to hold process wastewater for the purpose of increasing system storage above that otherwise provided by a collection pond or ponds.

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

(3) "Intermediate liner" means a liner placed on top of an existing lined or unlined phosphogypsum stack to allow continued use of the existing phosphogypsum stack.

(4) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing phosphogypsum stack system.

(5) "Leachate" means liquid or drainable pore water that has passed through or emerged from phosphogypsum and that may be collected within the phosphogypsum stack system or in a seepage collection drain.

(6) "Operator" means any person or persons, any partnership, limited partnership, corporation, or any association of persons, either natural or artificial, that own, control, or direct the management of a phosphogypsum stack.

(7) "Phosphogypsum" means calcium sulfate and by-products produced by the reaction of an acid, such as sulfuric acid or fluoride acid, with phosphate rock to produce phosphoric acid.

(8) "Phosphogypsum stack" means any defined geographic area associated with a phosphoric acid production facility in which phosphogypsum and process wastewater from phosphoric acid production are disposed of or stored, other than within a fully enclosed building, container, or tank.

(9) "Phosphogypsum stack system" means the defined geographic area associated with the phosphoric acid production facility in which phosphogypsum and process wastewater are disposed of or stored together, including pumps, piping, ditches, drainage, conveyances, water control structures, collection ponds, cooling ponds, decant ponds, surge ponds, auxiliary holding ponds, and any other collection or conveyance system associated with the transport of phosphogypsum from the plant to the phosphogypsum stack, its management at the stack, and the process wastewater return to phosphoric acid production to the phosphogypsum stack. This includes toe drain systems and ditches and other leachate collection systems, but does not include conveyances within the confines of the fertilizer production plant or emergency diversion impoundments used in emergency circumstances caused by power outages or rainfall events.

(10) "Phosphogypsum stack system component" means collection ponds, cooling ponds, decant ponds, surge ponds, and auxiliary holding ponds.

(11) "Process wastewater" means process wastewater from phosphoric acid production operations.

History:

[39-176C, added 2020, ch. 51, sec. 3, p. 120; am. 2021, ch. 246, sec. 3, p. 763.]
Idaho Code § 39-1346 — Idaho Code / Title 39 / Chapter 13 / Section 39-1346
39-1346 TREASURER OF HOSPITAL DISTRICT — DUTIES.
Status: in_force

39-1346. Treasurer of hospital district — Duties. It is hereby made the duty of the treasurer of the hospital district to keep account with such district, to place to the credit of such district all moneys received by him from the collector of taxes, or from any other officer charged with the collection of taxes as the proceeds of taxes levied by the hospital board or from any other sources and of all other moneys belonging to such district and to pay over all moneys belonging to the district by legally drawn warrants or orders of the district officer entitled to draw the same.

History:

[39-1346, added 1965, ch. 173, sec. 29, p. 340.]
Idaho Code § 39-4203 — Idaho Code / Title 39 / Chapter 42 / Section 39-4203
39-4203 EXEMPTION FROM LOCAL ORDINANCES OR REGULATIONS.
Status: in_force

39-4203. Exemption from local ordinances or regulations. No recreational vehicle that meets the National Fire Protection Association (NFPA) 1192 Standard for Recreational Vehicles and no park model recreational vehicle that meets the ANSI A119.5 Standard for Recreational Park Trailers shall be required to comply with any local ordinances or regulations adopting standards relating to plumbing, heat producing and electrical systems in recreational vehicles or park model recreational vehicles.

History:

[39-4203, added 1995, ch. 267, sec. 15, p. 865; am. 2017, ch. 134, sec. 3, p. 313.]
Idaho Code § 39-261 — Idaho Code / Title 39 / Chapter 2 / Section 39-261
39-261 INDUCED ABORTION REPORTING FORMS — COMPILATIONS.
Status: in_force

39-261. Induced abortion reporting forms — Compilations. (a) The vital statistics unit shall establish an induced abortion reporting form, which shall be used for the reporting of every induced abortion performed in this state. However, no information shall be collected which would identify the woman who had the abortion. Such form shall be prescribed by the department and shall include as a minimum the items required by the standard reporting form as recommended by the national center for health statistics, of the United States department of health and human services.

The completed form shall be filed by the attending physician and sent to the vital statistics unit within fifteen (15) days after the end of each reporting month. The submitted form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for. Carbon copies shall not be acceptable.

(b) The department of health and welfare shall prepare and keep on permanent file compilations of the information submitted on the induced abortion reporting forms pursuant to such rules and regulations as established by the department of health and welfare, which compilations shall be a matter of public record.

History:

[(39-261) 1977, ch. 163, sec. 1, p. 424; am. and redesignated 1983, ch. 7, sec. 22, p. 37.]
Idaho Code § 39-3139 — Idaho Code / Title 39 / Chapter 31 / Section 39-3139
39-3139 TITLE OF CHAPTER.
Status: in_force

39-3139. Title of chapter. This chapter may be cited as the "Regional Behavioral Health Services Act."

History:

[39-3139, added 1969, ch. 202, sec. 17, p. 589; am. 2014, ch. 43, sec. 27, p. 116.]
Idaho Code § 39-6312 — Idaho Code / Title 39 / Chapter 63 / Section 39-6312
39-6312 VIOLATION OF ORDER — PENALTIES.
Status: in_force

39-6312. Violation of order — Penalties. (1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor punishable by not to exceed one (l) year in jail and a fine not to exceed five thousand dollars ($5,000), ten dollars ($10.00) of which shall be deposited to the credit of the domestic violence project account created in section 39-5212, Idaho Code.

(2) A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order, if the person restrained had notice of the order.

(3) The person against whom a protection order has been issued by an out-of-state court is presumed to have notice of the order if the victim presents to the officer proof of service of the order.

History:

[39-6312, added 1988, ch. 341, sec. 1, p. 1018; am. 1990, ch. 234, sec. 3, p. 670; am. 1991, ch. 169, sec. 1, p. 409; am. 1999, ch. 330, sec. 7, p. 892.]
Idaho Code § 39-8503 — Idaho Code / Title 39 / Chapter 85 / Section 39-8503
39-8503 DUTIES OF THE COMMISSION.
Status: in_force

39-8503. Duties of the commission. (1) The Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission shall have:

(a) The duty to study, investigate and select ways and means of controlling the water quality and water quantity as they relate to waters of Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River for the communities' interests and interests of the state of Idaho and for the survival of the native species of fish contiguous to the Pend Oreille Priest Basin. Those species are bull trout, westslope cutthroat, mountain white fish, pike minnow and the forage base for bull trout and kokanee salmon;

(b) The authority to study, investigate, develop and select strategies with the department of water resources, the department of environmental quality, the department of fish and game, the department of lands, the United States fish and wildlife service, and the U.S. army corps of engineers for the preservation of the said species of native fish, scenic beauty, health, recreation, transportation and commercial purposes necessary and desirable for all the inhabitants of the state;

(c) The authority to receive and direct any mitigation moneys into the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission fund created in section 39-8504, Idaho Code; and

(d) The authority to designate one (1) or more representatives to participate in proceedings relating to the Columbia River Basin, including but not limited to those of the Albeni Falls mitigation work group, the technical management team and other proceedings regarding federal Columbia River power system operations, the Columbia River treaty, and the Idaho invasive species council.

(2) Nothing in this section shall be construed to authorize the commission to establish or require minimum stream flows or lake levels, which may only be established under the provisions of chapter 15, title 42, Idaho Code.

History:

[(39-8503) 39-8403, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 9, p. 899; am. 2018, ch. 63, sec. 1, p. 154.]
Idaho Code § 39-119 — Idaho Code / Title 39 / Chapter 1 / Section 39-119
39-119 COLLECTION OF FEES FOR SERVICES.
Status: in_force

39-119. Collection of fees for services. The department of environmental quality is hereby authorized to charge and collect reasonable fees, established by standards formulated by the director and approved by the board through rulemaking, for any service rendered by the department.

History:

[I.C., sec. 39-119, as added by 1975, ch. 182, sec. 1, p. 499; am. 2000, ch. 132, sec. 27, p. 338.]
Idaho Code § 39-2503 — Idaho Code / Title 39 / Chapter 25 / Section 39-2503
39-2503 RURAL NURSING LOAN REPAYMENT FUND.
Status: in_force

39-2503. RURAL NURSING LOAN REPAYMENT FUND. [EFFECTIVE UNTIL JUNE 30, 2029] There is hereby established in the state treasury a rural nursing loan repayment fund to be administered by the department. Moneys in the fund shall:

(1) Be subject to appropriation by the legislature to pay for:

(a) The educational debts of nurses in rural and underserved areas of the state that demonstrate a need for assistance in nursing recruitment and retention; and

(b) The expenses of administering the rural nursing loan repayment program, which expenses shall not exceed ten percent (10%) of the annual appropriation by the legislature; and

(2) Consist of:

(a) Legislative appropriations;

(b) Health care industry contributions, private donations, and federal funds as available; and

(c) Interest earned on idle moneys in the fund.

History:

[39-2503, added 2023, ch. 60, sec. 1, p. 219.]
Idaho Code § 39-6502 — Idaho Code / Title 39 / Chapter 65 / Section 39-6502
39-6502 WASTE TIRE STORAGE SITES.
Status: in_force

39-6502. Waste tire storage sites. (1) No person shall store waste tires on any public or private property in this state or in the waters of this state unless the property is a waste tire storage site as defined or otherwise exempted in this chapter.

(2) Permit or local authorization required. No person shall own or operate a waste tire storage site without a permit or other written county or city authorization, as follows:

(a) Counties and cities shall only issue permits or other written authorizations that contain terms and conditions that assure waste tire storage sites are operated in compliance with this chapter and any additional requirements the county or city deems appropriate. Counties and cities shall review waste tire storage site applications pursuant to the procedures contained in section 67-6512, Idaho Code.

(b) Existing waste tire storage sites.

(i) Within three (3) months of the effective date of this chapter, the owner or operator of an existing site that is:

1. Operating without a permit or other written local authorization on the effective date of this chapter, shall apply to the respective county or city jurisdiction for approval to operate the existing site via an approved permit or other written city or county authorization; or

2. Operating with a previously issued permit or other written city or county authorization on the effective date of this chapter, shall notify the respective county or city jurisdiction.

(ii) If an existing waste tire storage facility fails to submit to the county or city an application by October 1, 2003, the existing waste tire storage site shall cease storing waste tires by January 1, 2004.

(iii) If the county or city determines not to issue a permit, other written authorization, or a modification to an existing permit or approval, for the existing waste tire storage site, the existing waste tire storage site shall cease storing waste tires no later than three (3) months after receiving notice of the determination not to issue a permit, other written authorization, or modification for the site.

(c) New waste tire storage sites. The current owner or operator of a new waste tire storage site shall not commence waste tire storage at the site until the county or city issues a permit or other written authorization permitting waste tire storage.

(d) Counties and cities shall issue permits and other written local authorizations for waste tire storage sites.

Upon written request from the city council or board of county commissioners to the department, the department shall be responsible for the permitting and authorization requirements of this section with respect to any application submitted to the county or city, in lieu of the county or city.

(e) Financial assurance. The owner or operator of a waste tire storage site shall maintain financial assurance in the form of a cash bond payable to the county or city, in an amount acceptable to the county or city where the waste tire storage site is located; provided however, counties and cities shall require a minimum initial financial assurance of two dollars and fifty cents ($2.50) per tire authorized to be stored at the site. The amount of financial assurance shall be adjusted each year in accordance with the consumer price index on the anniversary date of the issuance of the permit or other city or county written authorization. Failure to adjust the amount of financial assurance on the anniversary date each year shall constitute failure to comply with the provisions of this chapter and shall result in automatic revocation of the permit or other written city or county authorization and forfeiture of the bond. Cities and counties shall only process an application submitted under this section when documentation submitted with the application establishes compliance with the financial assurance requirement of this paragraph.

(i) The current owner or operator of an existing waste tire storage site shall comply with the financial assurance requirement of this paragraph by October 1, 2003. Except that the owner or operator of the existing waste tire storage site located in the magic valley as provided by rule of the department shall comply with the financial assurance requirement of this paragraph by July 1, 2005.

(ii) The current owner or operator of a new waste tire storage site shall comply with the financial assurance requirement of this section prior to commencing waste tire storage at the site.

Upon written request from the city council or board of county commissioners to the department, the cash bond will be written in favor of the department, in lieu of the city or county. In such cases, the department will oversee use of the bond should two (2) owners or operators become liable on the bond obligation.

(f) Siting. Counties and cities shall only issue a permit or written authorization to a waste tire storage site when the application establishes that the proposed or existing site is located on property owned as exclusively for industrial use.

(g) Application processing fee. Counties and cities may charge a fee for processing a waste tire storage site permit or authorization application or renewal.

(h) Records. Owners and operators of a waste tire storage site shall record and maintain on-site for a period of three (3) years, operational records including, but not limited to, the daily quantity of tires transported to and from the site, and the estimated quantity of tires located at the site.

(i) Suspension, revocation, renewal of permit or written authorization. The county or city may suspend, revoke, or refuse to renew a waste tire storage site's permit or written authorization if the county or city determines that the site is operating in violation of any requirement of this section or any term or condition of the site's permit or written authorization.

(3) In the event the current owner or operator of an existing or new waste tire storage site fails to comply with the requirements of this section, the board of county commissioners or city council may declare the site a public nuisance; and may declare a public health or safety emergency based on potential fire hazard, threat of insect borne disease, or potential contamination of the state's ground or surface waters. If the respective governing authority has declared a public health or safety emergency, they may petition the board of examiners for, and the board of examiners may authorize, the issuance of deficiency warrants for the purpose of removing and properly disposing of the tires upon the recommendation of the state fire marshal in the event of fire hazard, or the district health department in the event of insect borne disease hazard, or the department in the event of ground or surface water contamination hazard.

(a) Upon authorization of deficiency warrants by the board of examiners in accordance with provisions of this section, the state controller shall, after notice to the state treasurer, draw deficiency warrants in the authorized amounts against the general fund.

(b) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.

(c) The attorney general shall act to fully recover all costs incurred by the state of Idaho and its political subdivisions pursuant to this section.

History:

[39-6502, added 2003, ch. 281, sec. 3, p. 761.]
Idaho Code § 39-9101 — Idaho Code / Title 39 / Chapter 91 / Section 39-9101
39-9101 SHORT TITLE.
Status: in_force

39-9101. SHORT TITLE. This chapter shall be known and may be cited as the "Behavioral Health Community Crisis Centers Act."

History:

[39-9101, added 2014, ch. 131, sec. 1, p. 365.]
Idaho Code § 39-4302 — Idaho Code / Title 39 / Chapter 43 / Section 39-4302
39-4302 FACTORY BUILT STRUCTURES ADVISORY BOARD.
Status: in_force

39-4302. factory built structures advisory board. (1) The factory built structures advisory board is established in the division of occupational and professional licenses to advise the administrator in the administration and enforcement of the provisions of this chapter and chapter 40, title 39, and chapters 21, 22 and 25, title 44, Idaho Code. The board shall consist of eight (8) members appointed by the governor. One (1) member shall represent a manufacturer of commercial modular buildings, one (1) member shall be a consumer who lives in a manufactured home, two (2) members shall be licensed as a retailer or installer of manufactured or mobile homes, one (1) member shall represent a manufacturer of manufactured homes, two (2) members shall be either a dealer or installer of modular buildings, and one (1) member shall be a consumer who uses or has used modular buildings. The board shall serve at the pleasure of the governor and shall serve the following terms commencing July 1, 2016: two (2) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, and three (3) members shall be appointed for a term of three (3) years. Thereafter board members shall be appointed for a term of three (3) years and shall serve at the pleasure of the governor. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term. The members of the board shall be compensated as provided in section 59-509(n), Idaho Code, for each day spent in attendance at meetings of the board. A majority of members shall constitute a quorum, and a quorum at any meeting called by the administrator shall have full and complete power to act upon and resolve in the name of the board any matter, thing or question referred to it by the administrator, or which by reason of any provision of this chapter, it has the power to determine.

(2) The board shall, on the first day of each July or as soon thereafter as practicable, elect a chairman, vice-chairman and secretary from among its members, and these officers shall hold office until their successors are elected. As soon as the board has elected its officers, the secretary shall certify the results of the election to the administrator. The chairman shall preside at all meetings of the board and the secretary shall make a record of the proceedings which shall be preserved in the offices of the division of occupational and professional licenses. If the chairman is absent from any meeting of the board, his duties shall be discharged by the vice-chairman. All members of the board present at a meeting shall be entitled to vote on any question, matter, or thing which properly comes before the board.

(3) The board shall have the authority to promulgate rules in accordance with chapter 52, title 67, Idaho Code, to implement the provisions of this chapter and chapter 40, title 39, and chapters 21, 22 and 25, title 44, Idaho Code.

History:

[39-4302, added 2007, ch. 252, sec. 5, p. 741; am. 2010, ch. 160, sec. 1, p. 334; am. 2016, ch. 342, sec. 5, p. 970; am. 2021, ch. 222, sec. 3, p. 623.]
Idaho Code § 39-6115 — Idaho Code / Title 39 / Chapter 61 / Section 39-6115
39-6115 CRITERIA APPLIED TO FEDERALLY DESIGNATED FACILITIES.
Status: in_force

39-6115. Criteria applied to federally designated facilities. Local, state, or federal institutions which offer health care services and are federally designated as a shortage facility accompanied by a health professional shortage area score may submit an application. Physician services may be limited to the population of the institution. All other state and federal requirements must be met.

History:

[39-6115, added 2004, ch. 128, sec. 1, p. 445; am. 2017, ch. 72, sec. 14, p. 182.]
Idaho Code § 39-5511 — Idaho Code / Title 39 / Chapter 55 / Section 39-5511
39-5511 LOCAL PROVISIONS.
Status: in_force

39-5511. Local provisions. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein.

History:

[39-5511, added 2004, ch. 389, sec. 7, p. 1170.]
Idaho Code § 39-4403 — Idaho Code / Title 39 / Chapter 44 / Section 39-4403
39-4403 DEFINITIONS.
Status: in_force

39-4403. Definitions. As used in this chapter:

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

(2) "Commercial hazardous waste facility or site" means any hazardous waste facility whose primary business is the treatment, storage, or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and operator of the facility.

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

(4) "Designated facility" means a hazardous waste treatment, storage, or disposal facility that has received a permit, has interim status under, or is otherwise permitted pursuant to 42 U.S.C. 6901 et seq.

(5) "Director" means the director of the Idaho department of environmental quality or the director's authorized agent.

(6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

(7) "Disposal facility" means a facility or a part thereof where the disposal of hazardous waste will remain after closure of the facility.

(8) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste material received at a facility. This weight does not include any subsequent changes to the weight resulting from the management of the waste by the facility.

(9) "Generator" means any person who, by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.

(10) "Hazardous waste" means a waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may:

(a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or

(b) Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act, as amended, 33 U.S.C., section 1251 et seq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 U.S.C., section 2011 et seq.

(11) "Hazardous waste management" means the systematic control of the collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes.

(12) "Hazardous waste facility or site" means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage, or disposal of hazardous wastes.

(13) "Injection" means the subsurface emplacement of free liquids.

(14) "Major modification" means any material and substantial alteration, expansion, or addition to the facility or an activity conducted at a facility after a siting license has been issued that warrants an application to be submitted to the department to determine whether the license's conditions need to be amended. The term may be further defined by rule, subject to legislative approval.

(15) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste identification code(s), and destination of hazardous waste during any transportation from the point of generation to the point of treatment, storage, or disposal.

(16) "Manifested waste" means waste which at the point of origin or generation is required to be manifested for transportation in a manner similar to that of the federal uniform hazardous waste manifest or by other manifest requirements designed to assure proper treatment, storage, and disposal of such waste.

(17) "On-site" means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. Noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access shall be considered on-site property.

(18) "Operator" means the person responsible for the overall operation of a hazardous waste facility authorized to operate pursuant to this chapter.

(19) "Panel" means a site review panel established pursuant to section 39-4437, Idaho Code.

(20) "PCB waste" means any waste or waste item which is not included in the definition of "hazardous waste" and which is contaminated with polychlorinated biphenyls.

(21) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties.

(22) "RCRA" means the resource conservation and recovery act of 1976 as amended from time to time.

(23) "Restricted hazardous waste" means a waste or combination of wastes regulated as land disposal restricted pursuant to federal statutes and regulations, including 40 CFR part 268. Restricted hazardous waste also includes byproduct, source, special nuclear materials or devices or equipment, except as provided below, utilizing such materials regulated under the federal atomic energy act of 1954, as amended. Restricted hazardous waste shall not include radiologically contaminated waste materials from "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites administered by the United States army corps of engineers or materials that have been exempted or released from radiological control or regulation under the atomic energy act of 1954, as amended, to be disposed of in a commercial hazardous waste facility as regulated pursuant to the rules, permit requirements, and acceptance criteria provided for by this chapter.

(24) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

(25) "Storage facility" means a facility or a part thereof where hazardous waste is subject to storage.

(26) "Transportation" means the movement of any hazardous waste from a hazardous waste facility or site by air, rail, highway, or water.

(27) "Transporter" means any person engaged in the off-site transportation of hazardous waste.

(28) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to:

(a) Neutralize such waste;

(b) Render such waste:

(i) Nonhazardous or less hazardous;

(ii) Safer to transport, store, or dispose of; or

(iii) Amenable for recovery or storage;

(c) Reduce such waste in volume; or

(d) Recover energy or material resources from such waste.

(29) "Waste" means any solid, semisolid, liquid, or contained gaseous material for which no reasonable use or reuse is intended or which is intended to be discarded.

History:

[39-4403, added 1983, ch. 154, sec. 1, p. 418; am. 1984, ch. 205, sec. 1, p. 503; am. 1986, ch. 148, sec. 1, p. 416; am. 1986, ch. 324, sec. 1, p. 794; am. 1989, ch. 253, sec. 1, p. 626; am. 1993, ch. 291, sec. 1, p. 1083; am. 1994, ch. 419, sec. 1, p. 1310; am. 2001, ch. 103, sec. 45, p. 288; am. 2001, ch. 297, sec. 3, p. 1074; am. 2011, ch. 38, sec. 1, p. 92; am. 2014, ch. 265, sec. 1, p. 660; am. 2026, ch. 89, sec. 3, p. 463.]