Idaho Code § 54-1731A — Idaho Code / Title 54 / Chapter 17 / Section 54-1731A
54-1731A DRUG OUTLETS THAT DISPENSE PRESCRIPTION DRUGS — MINIMUM REQUIREMENTS.
Status: in_force

54-1731A. DRUG OUTLETS THAT DISPENSE PRESCRIPTION DRUGS — minimum requirements. All drug outlets shall:

(1) Dispense prescription drugs only pursuant to a valid prescription drug order as set forth in this chapter;

(2) Provide prospective drug review that shall include evaluation of a prescription drug order for known allergies, rational therapy contraindications, reasonable dose and route of administration, reasonable directions for use, duplication of therapy, drug interactions, and proper utilization;

(3) Provide a complete and accurate label as set forth in this chapter;

(4) Verify the accuracy of the drug stock selected relative to the drug prescribed. If not performed by a pharmacist, an electronic verification system or verification by two (2) support persons shall be necessary; and

(5) Provide counseling for new medications. For refills or renewed prescriptions an offer to counsel the patient or caregiver shall be extended. Nothing in this section shall require a pharmacist to provide counseling when a patient or caregiver refuses such counseling, when counseling is otherwise impossible, or for inpatients of a hospital or institutional facility if a licensed health care professional administers the medication.

History:

[54-1731A, added 2025, ch. 93, sec. 28, p. 429.]
Idaho Code § 54-3715 — Idaho Code / Title 54 / Chapter 37 / Section 54-3715
54-3715 SUPERVISION.
Status: in_force

54-3715. Supervision. Within the scope of occupational therapy practice, supervision is aimed at ensuring the safe and effective delivery of occupational therapy services and the fostering of professional competence and development. Practices and procedures governing the supervision of occupational therapy assistants, a limited permit holder and an aide in the delivery of occupational therapy services shall be established in rule and be adopted by the board.

History:

[54-3715, added 2009, ch. 222, sec. 15, p. 699; am. 2019, ch. 40, sec. 4, p. 108.]
Idaho Code § 54-1764 — Idaho Code / Title 54 / Chapter 17 / Section 54-1764
54-1764 IMMUNITY FROM LIABILITY.
Status: in_force

54-1764. immunity from liability. Any entity that lawfully and voluntarily participates by donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be immune from liability for any civil action arising out of the provision of such action. This section shall not extend immunity to the participating entity for any acts constituting intentional, willful or grossly negligent conduct or to acts by a participating entity that are outside the scope of practice authorized by the entity's certificate.

History:

[54-1764, added 2009, ch. 143, sec. 5, p. 430; am. 2021, ch. 54, sec. 38, p. 182.]
Idaho Code § 54-2003 — Idaho Code / Title 54 / Chapter 20 / Section 54-2003
54-2003 EXCEPTIONS TO LICENSURE — ACTIVE LICENSEES — TRANSACTIONS INVOLVING PERSONAL PROPERTY.
Status: in_force

54-2003. Exceptions to licensure — Active licensees — Transactions involving personal property. (1) Exceptions to licensure. Except as otherwise stated below, an Idaho real estate license is not required for the following:

(a) The purchase, option, exchange or sale of any interest in real property, or business opportunity for a person's own account or use;

(b) The acquisition, exchange or other disposition of any interest in real property or business opportunity by its owner or a regular employee of the owner, acting within the scope of his or her employment;

(c) The sale, exchange, purchase or other disposition of any interest in real property or business opportunity by a duly authorized attorney in fact whose power of attorney is granted for the purpose of consummating a single transaction involving the conveyance of a single or undivided interest in a parcel of real property or in a business opportunity;

(d) The acquisition or other disposition of any interest in real property or business opportunity by the following parties only if such acquisition or disposition is undertaken in the performance of their duties as:

(i) A receiver, trustee in bankruptcy, legal guardian or conservator;

(ii) An administrator, executor or personal representative of an estate;

(iii) Any person selling pursuant to the default provisions of a deed of trust, or any duly authorized agent thereof.

(e) The acquisition or other disposition of any interest in real property or business opportunity by an attorney at law in connection with client representation, and if the attorney is not regularly engaged in the conduct or business of real estate broker or salesperson.

(2) Active real estate licensees. An actively licensed real estate broker, associate broker or salesperson must comply with this chapter, regardless of whether the licensee otherwise qualifies for any of the exceptions of subsection (1) of this section.

(3) Transactions involving personal property. An active licensee who, while acting on behalf of another, for compensation or for a promise or expectation of compensation, sells, lists, buys or negotiates, or offers to sell, list, buy or negotiate, the purchase or sale of a mobile home, manufactured home or floating home as defined by Idaho law, shall comply with this chapter regardless of whether such activity would otherwise require an Idaho real estate license.

(4) Exceptions to licensure shall not be used in any way to evade the purposes of this chapter. Any such attempt to evade this chapter shall be considered the unlicensed and unlawful practice of real estate.

History:

[54-2003, added 2000, ch. 285, sec. 3, p. 911; am. 2003, ch. 65, sec. 1, p. 212.]
Idaho Code § 54-4814 — Idaho Code / Title 54 / Chapter 48 / Section 54-4814
54-4814 PROHIBITED CONDUCT.
Status: in_force

54-4814. PROHIBITED CONDUCT. (1) An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:

(a) Give materially false or misleading information or make a materially false promise or representation;

(b) Furnish anything of value to the athlete before the athlete enters into the contract; or

(c) Furnish anything of value to an individual other than the athlete or another registered athlete agent.

(2) An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:

(a) Fail to create or retain or to permit inspection of the records required by section 54-4813, Idaho Code;

(b) Predate or postdate an agency contract; or

(c) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.

History:

[54-4814, added 2016, ch. 201, sec. 2, p. 570; am. 2020, ch. 105, sec. 12, p. 285.]
Idaho Code § 54-2922 — Idaho Code / Title 54 / Chapter 29 / Section 54-2922
54-2922 REPORTING OF NAME OR ADDRESS CHANGE.
Status: in_force

54-2922. Reporting of name or address change. All licensed audiologists, speech-language pathologists, speech-language pathology aides and assistants, and hearing aid dealers and fitters shall immediately report to the board any name change or changes in business and home addresses.

History:

[54-2922, added 2005, ch. 277, sec. 2, p. 863; am. 2024, ch. 86, sec. 26, p. 406.]
Idaho Code § 54-2904 — Idaho Code / Title 54 / Chapter 29 / Section 54-2904
54-2904 LICENSE REQUIRED.
Status: in_force

54-2904. License required. (1) Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in the practice or to perform or offer to practice audiology or speech-language pathology or sign language interpreting or to act as a hearing aid dealer and fitter unless such person is duly licensed in accordance with this chapter. A license issued pursuant to this chapter shall be posted in the licensee's established place of business, or proof of licensure carried upon the person shall be presented upon demand. The proof of licensure required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.

(2) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "audiologist," "audiometrist," "hearing clinician," "hearing therapist," or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology, unless such services are provided by an audiologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905(1)(c), Idaho Code.

(3) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "speech pathologist," "speech therapist," "speech correctionist," "speech clinician," "language therapist," "language pathologist," "voice therapist," "voice pathologist," "logopedist," "communicologist," "aphasiologist," or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of speech-language pathology, unless such services are provided by a speech-language pathologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905(1)(c), Idaho Code.

(4) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "hearing aid dealer and fitter" or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology or hearing aid dealing and fitting, unless such services are provided by an audiologist or hearing aid dealer and fitter licensed in accordance with this chapter.

(5) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "sign language interpreter" or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of sign language interpreting, unless such services are provided by a sign language interpreter licensed in accordance with this chapter.

History:

[54-2904, added 2005, ch. 277, sec. 2, p. 854; am. 2017, ch. 67, sec. 3, p. 159; am. 2019, ch. 44, sec. 1, p. 122.]
Idaho Code § 54-5303 — Idaho Code / Title 54 / Chapter 53 / Section 54-5303
54-5303 DEFINITIONS.
Status: in_force

54-5303. Definitions. (1) "Board" means the liquefied petroleum gas safety board.

(2) "Department" means the department of self-governing agencies.

(3) "Division" means the division of occupational and professional licenses.

(4) "Good moral character" means the absence of any behavior that violates accepted standards of the community including, but not limited to:

(a) Conviction or plea of guilty to a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;

(b) Habitual use of drugs or intoxicants to such a degree as to render a person unfit and unreliable to practice;

(c) Revocation or suspension or other restriction of any license or certificate in any state in the previous five (5) years; and

(d) Failure to pay final judgments in any state in the previous seven (7) years.

(5) "License" means a physical document issued by the division certifying that a person or facility has met the appropriate qualifications and has been granted the authority to practice or operate in Idaho under the provisions of this chapter.

(6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material that is composed predominantly of or by the mixture of any of the following hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.

(7) "LPG facility" means any facility at a fixed location licensed pursuant to this chapter whose activities include selling, filling, refilling, or commercial handling or commercial storage of LPG.

(8) "LPG dealer" means any person licensed pursuant to this chapter who engages in LPG dealer practice.

(9) "LPG dealer practice" means a person engaging in the selling, filling, refilling, transporting, delivering, or commercial handling of LPG, or engaging in the installation or maintenance of systems, equipment, pipes or containers for the use or storage of LPG.

(10) "LPG code" means the liquefied petroleum gas code adopted by the national fire protection association, inc., commonly known as NFPA 58.

History:

[(54-5303) 54-5103, added 2005, ch. 143, sec. 1, p. 442; am. and redesig. 2006, ch. 16, sec. 10, p. 52; am. 2020, ch. 175, sec. 37, p. 543; am. 2022, ch. 94, sec. 66, p. 325.]
Idaho Code § 54-1008 — Idaho Code / Title 54 / Chapter 10 / Section 54-1008
54-1008 DURATION OF LICENSE.
Status: in_force

54-1008. Duration of license. (1) All licenses, including license renewals, for master electricians, residential electricians, journeyman electricians, and limited electrical installers shall be issued for a period of three (3) years and shall expire three (3) years from the birthday of the licensee unless renewed, revoked, or suspended.

(2) Electrical contractor and limited electrical contractor licenses shall be issued for a period of two (2) years and shall expire two (2) years from the birthday of the licensee unless renewed, revoked, or suspended.

(3) Electrical apprentice registrations issued or renewed shall be issued for a period of two (2) years. No person shall be issued an apprentice license for more than five (5) two (2) year periods.

(4) Limited electrical installer trainee registrations shall be issued for a period of three (3) years.

(5) Facility account licenses shall be issued and renewed for a period of two (2) years.

(6)(a) Provisional journeyman electrician's licenses shall be issued for a period of six (6) months and shall expire six (6) months from the date issued, during which time a provisional journeyman electrician shall apply for and take the journeyman electrician examination. A six (6) month renewal shall be issued upon application if:

(i) The applicant has taken, but failed to pass, the journeyman electrician examination within the six (6) month period; or

(ii) The applicant has failed to take the journeyman electrician examination within the six (6) month period and has shown that exceptional circumstances prevented the applicant from taking the journeyman electrician examination.

(b) A provisional journeyman electrician's license shall be issued and renewed only once. If the applicant fails to pass the journeyman electrician examination, or fails to take the journeyman electrician examination, within one (1) year from the date of issue of a provisional journeyman electrician's license, the applicant is no longer eligible to apply for a provisional journeyman electrician's license.

(7) Each licensing period and each registration period shall end at midnight on the last day of the month of the licensing or registration period. Licenses and registrations not renewed by this date shall have expired.

(8) The board shall promulgate rules to provide for a staggered system of issuing and renewing licenses.

History:

[54-1008, added 1947, ch. 251, sec. 8, p. 681; am. 1961, ch. 311, sec. 11, p. 583; am. 2002, ch. 53, sec. 1, p. 120; am. 2006, ch. 82, sec. 1, p. 244; am. 2009, ch. 112, sec. 2, p. 365; am. 2018, ch. 208, sec. 8, p. 464; am. 2018, ch. 209, sec. 8, p. 473; am. 2019, ch. 66, sec. 2, p. 159; am. 2019, ch. 292, sec. 7, p. 871; am. 2023, ch. 244, sec. 10, p. 751; am. 2024, ch. 86, sec. 8, p. 394.]
Idaho Code § 54-1109 — Idaho Code / Title 54 / Chapter 11 / Section 54-1109
54-1109 REQUIREMENTS FOR MORTICIAN LICENSE — REQUIREMENTS FOR FUNERAL DIRECTOR LICENSE — LICENSE BY ENDORSEMENT.
Status: in_force

54-1109. Requirements for mortician license — Requirements for funeral director license — License by endorsement. (1) To qualify for a mortician license or funeral director license within the state of Idaho, a person must be twenty-one (21) years of age or older.

(2) The board shall issue to any person a mortician's license to practice as a mortician and perform mortician services within the state of Idaho who has complied with and fulfilled all of the following requirements:

(a) Has completed and received an associate degree from a mortuary school accredited by the American board of funeral service education.

(b) Has practiced as a licensed resident trainee in the state of Idaho under the personal supervision of a licensed resident mortician for not less than twelve (12) months, has assisted in embalming at least twenty-five (25) dead human bodies, has assisted in making at least twenty-five (25) funeral arrangements, and has assisted in conducting at least twenty-five (25) funerals; provided, however, such practice as a licensed resident trainee of the state of Idaho may be filled and performed either before or after the required post-high school education.

(c) Has filed an application with the board as required by this chapter and paid the required filing fee therefor.

(d) Has passed the required examination prepared and conducted by the board of morticians. Provided further, that the board shall determine compliance with all of the qualifications described in subsections (1) and (2) of this section, except this paragraph relating to examinations, at the time the applicant files his application as hereinafter provided and before the examination is conducted by the board of morticians.

(3) The board shall issue to any person a funeral director license to practice as a funeral director and perform funeral director services within the state of Idaho who has complied with and fulfilled all of the following requirements:

(a) Has completed and received at least forty-five (45) semester hours or sixty-eight (68) quarter hours of instruction from a duly accredited college or university and has obtained at least a C grade average for all courses of instruction; provided, however, at least three-fourths (3/4) of all such credits must be for courses in the fields of liberal arts, business, or science as defined and specified by the board.

(b) Has successfully completed at least fifteen (15) semester credit hours or the equivalent from a mortuary college accredited by the American board of funeral service education, inc., or such credits as are otherwise approved by the board, with course of study to include business law, psychology, sociology, funeral service counseling, funeral service management, and other classes that relate to conducting funeral business.

(c) Has practiced as a licensed trainee in the state of Idaho under the personal supervision of a licensed mortician for not less than twelve (12) months and has assisted in making at least twenty-five (25) funeral arrangements and in conducting at least twenty-five (25) funerals.

(d) Has successfully passed the required examination as established by the rules of the board. An applicant shall not be qualified to take the examination until all other requirements have been met.

(e) Has filed an application with the board as required by this chapter and paid the required fees.

(4) Any person holding a current, valid license in another state or territory having substantially similar requirements to those existing in this state may be granted a license without examination, provided:

(a) The applicant files with the board a certified statement from the examining board of the state or territory in which the applicant holds his license, verifying the license and showing the basis upon which the license was granted; and

(b) The applicant pays the license fee; and

(c) The applicant satisfies the board that he understands the laws and rules of this state as to funeral service.

(5) A person holding a current, valid license in another state or territory with requirements significantly lower than those of this state who has at least five (5) consecutive years of experience as a licensee in the other state or territory prior to application may apply for a license to practice in this state without meeting the full requirements of subsections (1) through (3) of this section. Upon payment of the license fee and passing such test of proficiency as the board shall require, including but not limited to a knowledge of the laws and administrative rules of this state as to funeral service, the board shall grant a license.

History:

[54-1109, added 1970, ch. 70, sec. 8, p. 167; am. 1974, ch. 13, sec. 96, p. 138; am. 1978, ch. 166, sec. 1, p. 364; am. 1983, ch. 32, sec. 2, p. 82; am. 2003, ch. 257, sec. 6, p. 670; am. 2005, ch. 47, sec. 1, p. 178; am. 2008, ch. 109, sec. 1, p. 307; am. 2020, ch. 257, sec. 2, p. 744.]
Idaho Code § 54-930 — Idaho Code / Title 54 / Chapter 9 / Section 54-930
54-930 EXCEPTIONS TO APPLICATION OF ACT.
Status: in_force

54-930. Exceptions to application of act. This act shall not be construed as prohibiting a physician or surgeon, duly authorized to practice as such in this state, from treating diseases of the mouth or performing operations in oral surgery; nor as prohibiting persons authorized by the laws of another state, territory or country to practice dentistry or dental hygiene therein, or persons teaching in approved dental, dental therapy, or dental hygiene schools, from making clinical demonstrations before meetings of dentists, dental therapists, or dental hygienists in Idaho; nor as prohibiting any person from performing merely mechanical work upon inert matter in a dental laboratory; nor to prohibit students in approved dental, dental therapy, or dental hygiene schools from practicing dentistry, dental therapy, or dental hygiene therein as part of their training or education.

History:

[54-930, added 1949, ch. 102, sec. 30, p. 177; am. 1963, ch. 56, sec. 2, p. 220; am. 2019, ch. 221, sec. 16, p. 679.]
Idaho Code § 54-5405 — Idaho Code / Title 54 / Chapter 54 / Section 54-5405
54-5405 DRIVING BUSINESSES — LICENSE REQUIREMENTS.
Status: in_force

54-5405. DRIVING BUSINESSES — License REQUIREMENTS. (1) No private driver training business shall be established nor shall any existing business continue to operate unless the business applies for and obtains from the board a license that expires on the license issue date and that must be renewed biennially. The application for license shall include the name of the owner, a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code, the location of the business, a certificate of occupancy for a business that offers classroom instruction in a physical classroom location, a certificate of commercial automobile insurance, a list of licensed instructors, proof of an annual vehicle check, board-approved curriculum components and a course of instruction for students that shall include the following:

(a) Not less than thirty (30) hours of classroom instruction;

(b) Not less than six (6) hours of behind-the-wheel practice driving; and

(c) Not less than six (6) hours of observation.

(2) Any private driver training business or driving instructor licensed pursuant to this chapter shall be exempt from the provisions of title 33, Idaho Code, that regulate driver education as long as such license is current and valid and the private driver training business or driving instructor is acting pursuant to activities that the license permits.

(3) Any driving business licensed pursuant to this chapter may contract with a public school to provide driver education. Any driving business that contracts with a public school to provide driver education may be allowed to use the services of any or all of the driving instructors of that driving business. Once a person has been licensed as a driving instructor, that person is authorized to teach in any approved driver education program.

(4) A driving business shall ensure that each of its employees and persons under its control who provide driver education to its students is at all times licensed under this chapter as a driving instructor or permitted as a driving instructor apprentice.

History:

[54-5405, added 2009, ch. 251, sec. 2, p. 767; am. 2010, ch. 145, sec. 2, p. 307; am. 2017, ch. 185, sec. 1, p. 423; am. 2020, ch. 213, sec. 5, p. 623; am. 2024, ch. 86, sec. 50, p. 419; am. 2024, ch. 101, sec. 20, p. 462.]
Idaho Code § 54-2088 — Idaho Code / Title 54 / Chapter 20 / Section 54-2088
54-2088 LIMITED DUAL AGENCY AND ASSIGNED AGENCY PERMITTED.
Status: in_force

54-2088. Limited dual agency and assigned agency permitted. (1) A brokerage may represent both the buyer and the seller in the same transaction only as a limited dual agent and only with the express written consent of all other clients involved in the transaction.

(2) A brokerage acting as a limited dual agent may, at the option of the brokerage and with the express written consent of the other clients involved in the transaction, assign separate sales associates to each client to act on behalf of and represent that client solely. The designated broker shall not act as an assigned agent of the brokerage.

(3) The express written consent to limited dual agency shall contain separate signatures of all clients involved in the transaction and shall contain the following language:

CONSENT TO LIMITED DUAL REPRESENTATION AND ASSIGNED AGENCY

The undersigned have received, read and understand the Agency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction may be providing agency representation to both the buyer and the seller. The undersigned each understands that, as an agent for both buyer/client and seller/client, a brokerage will be a limited dual agent of each client and cannot advocate on behalf of one client over another, and cannot legally disclose to either client certain confidential client information concerning price negotiations, terms or factors motivating the buyer/client to buy or the seller/client to sell without specific written permission of the client to whom the information pertains. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 54-2085, Idaho Code. The undersigned each understands that a limited dual agent does not have a duty of undivided loyalty to either client.

The undersigned further acknowledge that, to the extent the brokerage firm offers assigned agency as a type of agency representation, individual sales associates may be assigned to represent each client to act solely on behalf of the client consistent with applicable duties set forth in Section 54-2087, Idaho Code. In an assigned agency situation, the designated broker (the broker who supervises the sales associates) will remain a limited dual agent of the client and shall have the duty to supervise the assigned agents in the fulfillment of their duties to their respective clients, to refrain from advocating on behalf of any one client over another, and to refrain from disclosing or using, without permission, confidential information of any other client with whom the brokerage has an agency relationship.

(4) All duties and obligations owed to a buyer/client or a seller/client under section 54-2087, Idaho Code, apply to limited dual agency relationships to the extent they do not unreasonably conflict with duties and obligations owed to the other client, except that:

(a) A limited dual agent shall not disclose any of the following without express written consent of the client to whom the information pertains:

(i) That a buyer is willing to pay more than the listing price of the property;

(ii) That a seller is willing to accept less than the listing price for the property;

(iii) The factors motivating the buyer to buy or the seller to sell;

(iv) That a buyer or seller will agree to a price or financing terms other than those offered.

(b) A limited dual agent does not have a duty of undivided loyalty to either buyer/client or seller/client, and by consenting to limited dual agency, the buyer and seller agree to those limitations.

(5) The following apply whenever a brokerage acting as a limited dual agent assigns separate sales associates to act on behalf of the separate clients:

(a) Designated broker. The designated broker continues to act as limited dual agent of each client with the duty to:

(i) Supervise the assigned agents in the fulfillment of their duties to their respective clients;

(ii) Refrain from advocating on behalf of any one client over another; and

(iii) Refrain from disclosing or using, without permission, confidential information of any other client with whom the brokerage has an agency relationship.

(b) Imputed knowledge. Knowledge of any fact known to the brokerage, its designated broker, or any other licensee associated with the brokerage, shall not be imputed to an assigned agent of the brokerage so as to create an impermissible conflict of interest. Nothing in this subsection shall diminish a licensee's duty with respect to facts actually known or that reasonably should have been known to the licensee.

(6) If a designated broker determines that confidential information of a client has been disclosed to another client in the transaction in violation of this section, the designated broker shall promptly provide written notice of the disclosure to the affected client.

(7) No cause of action for any buyer or seller shall arise against a limited dual agent for making any required or permitted disclosure under this act, nor does making such disclosure terminate the limited dual agency.

(8) Receipt of the agency disclosure brochure required by section 54-2085, Idaho Code, and the signed consent to dual representation by buyer and seller agreeing to limited dual agency representation shall be sufficient informed legal consent to dual representation under this act. A consent by the buyer and seller to possible dual representation in the future, such as may be contained in a written marketing or representation agreement between a brokerage and client, shall also be considered effective and informed legal consent to dual representation.

History:

[(54-2088) 54-2066, added 1996, ch. 250, sec. 1, p. 789; am. and redesignated 2000, ch. 285, sec. 10, p. 956; am. 2004, ch. 119, sec. 5, p. 400.]
Idaho Code § 54-5010 — Idaho Code / Title 54 / Chapter 50 / Section 54-5010
54-5010 EXAMINATIONS — NOTIFICATION — APPLICATION.
Status: in_force

54-5010. Examinations — Notification — Application. (1) The Idaho heating, ventilation and air conditioning board shall establish by rule the requirements as to education, continuing education and examinations relating to classifications of competency.

(2) Times and places for examinations shall be determined by the board and all applicants shall be notified thereof.

(3) All applications for examination shall be filed with the board on a form provided by the board. When any person is designated and authorized to be or act as an agent for the applicant, such authorization shall be in writing, signed by the applicant and the person designated, a certified copy of which shall be filed with the board. All applications shall expire and be canceled after a period of one (1) year if the applicant fails to appear for examination within such period.

(4) A heating, ventilation and air conditioning apprentice, as defined in section 54-5003(2), Idaho Code, may take the journeyman's examination if the apprentice has completed the required related instruction for a heating, ventilation and air conditioning apprentice, as approved by the board, in conjunction with the state board for career technical education and has worked the required number of hours as prescribed by the Idaho heating, ventilation and air conditioning board.

History:

[54-5010, added 2003, ch. 276, sec. 1, p. 738; am. 2018, ch. 210, sec. 1, p. 478.]
Idaho Code § 54-2514 — Idaho Code / Title 54 / Chapter 25 / Section 54-2514
54-2514 DOG RACING — DISTRIBUTION OF DEPOSITS — BREAKAGE.
Status: in_force

54-2514. Dog racing — Distribution of deposits — Breakage. (1) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall distribute all sums deposited in any pool as follows:

(a) Seventy-nine and one-half percent (79.5%) of any win, place or show pool to the winner thereof, and twenty and one-half percent (20.5%) to the licensee;

(b) Seventy-seven percent (77%) of all two (2) dog exotic wagers including, but not limited to, daily doubles and quinellas to the winner thereof, and twenty-three percent (23%) to the licensee;

(c) Seventy-five percent (75%) of all three (3) or more dog exotic wagers including, but not limited to, trifecta, twin trifecta, pick three, pick six and superfecta, to the winner thereof, and twenty-five percent (25%) to the licensee.

(2) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall retain the sums deposited in any pool as required in subsection (1) of this section, for distribution and payment based upon gross daily receipts as follows:

(a) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the racing commission account.

(b) One percent (1%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for payment to the county in which the dog racing facility is located. The board of county commissioners shall spend such revenues only for visitor promotion.

(c) One-half percent (.5%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the Idaho horse breeders' and owners' award account in the state treasury for further distribution as follows:

(i) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders' and owners' award account shall be distributed by the racing commission annually but not later than December 15, to the breeders of Idaho bred winners of each approved horse race in Idaho in proportion to the handle generated by each breed; and

(ii) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders' and owners' award account shall be distributed by the racing commission annually but not later than December 15, in equal amounts to owners of Idaho bred horse race winners.

(d) From the balance of gross daily receipts remaining with the licensee after the distributions required in subsections (1)(a), (b) and (c) of this section from simulcast or televised dog races, the following amounts shall be paid or retained:

(i) From the first twenty thousand dollars ($20,000) of gross daily receipts, the licensee shall retain the entire amount;

(ii) From the next ten thousand dollars ($10,000) of gross daily receipts, (gross daily receipts between twenty thousand dollars ($20,000) and thirty thousand dollars ($30,000)) the public school income fund shall receive one-quarter of one percent (.25%) and the licensee shall retain the balance;

(iii) From the next ten thousand dollars ($10,000) of gross daily receipts (gross daily receipts between thirty thousand dollars ($30,000) and forty thousand dollars ($40,000)) the public school income fund shall receive one and one-quarter percent (1.25%) and the licensee shall retain the balance;

(iv) From all amounts of over forty thousand dollars ($40,000) of gross daily receipts, the public school income fund shall receive two and one-quarter percent (2.25%) and the licensee shall retain the balance.

(3) Each licensee may retain the odd cents of all redistribution to be based on each dollar deposited exceeding a sum equal to the next lowest multiple of ten (10), known as breakage, and the total amount of unclaimed tickets at the termination of the time allowed by rule of the commission.

History:

[54-2514, added 1994, ch. 325, sec. 2, p. 1044; am. 1996, ch. 310, sec. 2, p. 1017; am. 1999, ch. 394, sec. 1, p. 1092.]
Idaho Code § 54-5103 — Idaho Code / Title 54 / Chapter 51 / Section 54-5103
54-5103 EXEMPTIONS FROM LICENSURE.
Status: in_force

54-5103. exemptions from licensure. This chapter is not intended to and does not prohibit, restrict, or apply to:

(1) The practice of a profession by individuals who are licensed, certified, registered, or otherwise authorized under other laws of this state and are performing services within the authorized scope of practice;

(2) The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;

(3) An individual rendering aid in an emergency, when no fee or other consideration for the service is charged, received, expected, or contemplated;

(4) An individual engaged in the sale of vitamins, health foods, over-the-counter homeopathic products, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited under state or federal law;

(5) The practice by a licensed naturopathic physician duly licensed in another state, territory, or the District of Columbia when that licensed naturopathic physician is called into this state for consultation with a physician licensed pursuant to this chapter or chapter 18, title 54, Idaho Code;

(6) The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical program. Services shall be performed pursuant to a course of instruction or assignments from an instructor and under the supervision and observation of the instructor or a naturopathic medical doctor; or

(7) The practice of the complementary and alternative healing methods and treatments as described in section 54-1804(1)(l), Idaho Code.

History:

[54-5103, added 2019, ch. 208, sec. 1, p. 635; am. 2021, ch. 321, sec. 39, p. 982; am. 2024, ch. 61, sec. 32, p. 303.]
Idaho Code § 54-1407 — Idaho Code / Title 54 / Chapter 14 / Section 54-1407
54-1407 LICENSE FOR PRACTICAL NURSING.
Status: in_force

54-1407. License for practical nursing. (1) Qualifications. To qualify for a license to practice practical nursing a person must:

(a) Have successfully completed the basic curriculum of an approved practical nursing education program or its equivalent; and

(b) Satisfy one (1) of the following requirements:

(i) Pass an examination adopted and used by the board to measure knowledge and judgment essential for the safe practice of practical nursing; or

(ii) Have a practical nursing license in good standing, without restriction or limitation, issued upon successful similar examination, approved by the board, conducted in another state, territory or foreign country; or

(iii) Have a practical nursing license in good standing, without restriction or limitation, issued by another state, territory or foreign country and meet established board requirements; and

(c) Be of sufficiently sound physical and mental health as will not impair or interfere with the ability to practice nursing.

(2) Fees. A qualified applicant shall be entitled to a license to practice practical nursing upon payment of a license fee to the board in an amount designated by the board not to exceed one hundred fifty dollars ($150).

History:

[(54-1407), added 1977, ch. 132, sec. 2, p. 284; am. 1995, ch. 351, sec. 3, p. 1165; am. & redesig. 1998, ch. 118, sec. 5, p. 441; am. 2002, ch. 80, sec. 1, p. 179; am. 2009, ch. 67, sec. 1, p. 190.]
Idaho Code § 54-1851 — Idaho Code / Title 54 / Chapter 18 / Section 54-1851
54-1851 JOINT INVESTIGATIONS.
Status: in_force

54-1851. joint investigations. (1) Licensure and disciplinary records of physicians are deemed investigative.

(2) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(3) A subpoena issued by a member state shall be enforceable in other member states.

(4) Member boards may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(5) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

History:

[54-1851, added 2015, ch. 105, sec. 1, p. 252.]
Idaho Code § 54-1911 — Idaho Code / Title 54 / Chapter 19 / Section 54-1911
54-1911 FILING, ISSUANCE AND DENIAL OF LICENSES — FEES NOT REFUNDED.
Status: in_force

54-1911. Filing, issuance and denial of licenses — Fees not refunded. Applications for original licenses, together with the fees therefor, shall be filed with the administrator. After such examination and investigation as may be prescribed by rule, in accordance with the provisions of this chapter, if no valid reason exists for further investigation of applicant, the administrator shall issue a license to applicant permitting him to engage in business as a contractor under the terms of this chapter for the licensing period designated. If the information brought to the attention of the administrator concerning the character and integrity of an applicant is such that it would appear proper to deny the application, the applicant shall be notified by certified mail to show cause within such time, not less than five (5) days, nor more than thirty (30) days, why the application should not be denied.

Fees accompanying original applications under this section are for the administration and enforcement of the provisions of this chapter and shall not be refunded to the applicant.

History:

[54-1911, added 1941, ch. 115, sec. 11, p. 212; am. 1955, ch. 223, sec. 6, p. 480; am. 1965, ch. 227, sec. 2, p. 535; am. 1980, ch. 130, sec. 1, p. 288; am. 1993, ch. 237, sec. 3, p. 820; am. 1999, ch. 201, sec. 13, p. 538; am. 2001, ch. 300, sec. 8, p. 1092.]
Idaho Code § 54-3005 — Idaho Code / Title 54 / Chapter 30 / Section 54-3005
54-3005 VIOLATIONS.
Status: in_force

54-3005. Violations. (1) It shall be a violation for any person to:

(a) Offer to practice or represent oneself as entitled to practice landscape architecture, unless duly licensed under this chapter;

(b) Attempt to use the license of another;

(c) Give false or forged evidence to the board or any member thereof in obtaining a license;

(d) Falsely impersonate any other practitioner, of like or different name; or

(e) Otherwise violate any of the provisions of this chapter.

(2) Such violation shall be a misdemeanor. Each act under this section shall be treated as a separate offense.

History:

[54-3005, added 1972, ch. 390, sec. 5, p. 771; am. 1974, ch. 13, sec. 191, p. 138; am. 2003, ch. 225, sec. 4, p. 584; am. 2026, ch. 221, sec. 20, p. 950.]
Idaho Code § 54-4110 — Idaho Code / Title 54 / Chapter 41 / Section 54-4110
54-4110 QUALIFICATIONS FOR LICENSURE OR CERTIFICATION — EXAMINATIONS.
Status: in_force

54-4110. Qualifications for licensure or certification — Examinations. (1) Any person who desires to obtain licensure or certification as a real estate appraiser shall make written application to the board on such forms as it may prescribe. Each applicant shall satisfy the following requirements:

(a) State licensed residential real estate appraiser. An applicant for licensure as a residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.

(b) State certified residential real estate appraiser. An applicant for certification as a certified residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.

(c) State certified general real estate appraiser. An applicant for certification as a general real estate appraiser must satisfactorily complete the education and experience requirements and shall successfully complete an examination conducted or authorized by the board as set forth by rules of the board.

(2) The board may consider and/or adopt some or all of the following: appraiser qualifications criteria adopted by the appraiser qualifications board of the appraisal foundation, the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation, and a code of ethical standards to be set forth by board rule, as well as any forthcoming federal rule or regulation deemed pertinent.

History:

[54-4110, added 1990, ch. 82, sec. 1, p. 169; am. 1992, ch. 92, sec. 9, p. 288.]
Idaho Code § 54-1913 — Idaho Code / Title 54 / Chapter 19 / Section 54-1913
54-1913 RECORDS, LISTS AND INFORMATION.
Status: in_force

54-1913. Records, lists and information. The administrator shall maintain, open to public inspection during office hours, a complete record of all retained applications, licenses issued, licenses renewed, data collected through the provisions of section 54-1904A, Idaho Code, and all revocations, cancellations and suspensions of licenses, and shall furnish a certified copy of any license issued, upon receipt of the sum of fifty cents (50¢), which certified copy shall be received in all courts and elsewhere as evidence of the facts stated therein.

Whenever funds are available for the purpose, the administrator shall publish a list of the names and addresses of contractors licensed under this chapter and such further information with respect to this chapter and its administration as the administrator deems proper. The administrator may furnish the lists to such public works and building departments, public officials or public bodies, and other persons interested in or allied with the building and construction industry in this or any other state as deemed advisable, and at such intervals as deemed necessary, whenever funds therefor are available. Copies of the lists may also be furnished by the administrator upon request to any firm or individual upon payment of a reasonable fee fixed by the board.

Whenever funds are available for the purpose, the administrator may publish and disseminate to licensees and to public officials or other persons interested in or allied with the building and construction industry, such information with relation to the administration and enforcement of this chapter as deemed necessary to carry out its purposes.

History:

[54-1913, added 1941, ch. 115, sec. 13, p. 212; am. 1974, ch. 13, sec. 149, p. 138; am. 1980, ch. 130, sec. 3, p. 290; am. 1990, ch. 213, sec. 80, p. 548; am. 1993, ch. 237, sec. 5, p. 822; am. 1999, ch. 201, sec. 15, p. 540; am. 2001, ch. 183, sec. 23, p. 635; am. 2001, ch. 300, sec. 10, p. 1093; am. 2005, ch. 213, sec. 27, p. 661.]
Idaho Code § 54-1719 — Idaho Code / Title 54 / Chapter 17 / Section 54-1719
54-1719 DUTIES — POWERS — AUTHORITY.
Status: in_force

54-1719. duties — powers — authority. (1) The board of pharmacy shall have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease:

(a) The regulation of the sale at retail and the dispensing of medications, drugs, devices and other materials, including the method of dispensing in institutional facilities and including the right to seize such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under the administrative procedure act;

(b) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy; and

(c) The issuance and renewal of certificates of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs.

(2) The board may solicit and receive from parties other than the state grants, moneys, donations, and gifts of tangible and intangible property for any purpose consistent with the provisions of this chapter, which purposes may be specified as a condition of any grants, moneys, donations, or gifts.

(3) The board or its authorized representatives shall have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter. All records required under this chapter shall be made available for inspection upon request by the board or its authorized agents.

(4) The board shall inspect drug outlets prior to the commencement of business, if applicable, and at regular intervals.

History:

[54-1719, added 1979, ch. 131, sec. 3, p. 412; am. 1990, ch. 144, sec. 1, p. 324; am. 2013, ch. 270, sec. 2, p. 702; am. 2021, ch. 54, sec. 7, p. 165; am. 2025, ch. 93, sec. 8, p. 418.]
Idaho Code § 54-5711 — Idaho Code / Title 54 / Chapter 57 / Section 54-5711
54-5711 MEDICAL RECORDS.
Status: in_force

54-5711. medical records. A provider delivering health care services via virtual care must document in the patient's medical record the health care services rendered via virtual care according to the same standard used for equivalent in-person services. All virtual care medical records must be maintained in compliance with any applicable state and federal laws, rules, and regulations, including the health insurance portability and accountability act (HIPAA), P.L. 104-191 (1996), and the health information technology for economic and clinical health act (HITECH), P.L. 111-115 (2009). Such records shall be accessible to other providers, if the patient has given permission, and to the patient in accordance with applicable laws, rules, and regulations.

History:

[(54-5711) 54-5611, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 36, p. 124; am. 2020, ch. 114, sec. 3, p. 365; am. 2023, ch. 102, sec. 16, p. 306.]
Idaho Code § 54-2016 — Idaho Code / Title 54 / Chapter 20 / Section 54-2016
54-2016 PRIMARY IDAHO LICENSES FOR LEGAL BUSINESS ENTITIES, SOLE PROPRIETORSHIPS AND BRANCH OFFICES — ADDITIONAL REQUIREMENTS.
Status: in_force

54-2016. Primary Idaho licenses for legal business entities, sole proprietorships and branch offices — Additional requirements. (1) Legal business entities. Each legal business entity, as defined in section 54-2004, Idaho Code, shall be licensed by the Idaho real estate commission to engage in the real estate business in Idaho and shall make proper application, pay all required fees and meet all requirements listed below.

(a) Each legal business entity shall have a properly licensed individual designated broker who shall be held responsible for the activities of the licensed entity.

(b) The individual designated broker shall, within three (3) years immediately prior to the designation, satisfactorily complete a commission-approved business conduct and office operations course.

(c) The individual designated broker shall also hold the following legal position within the licensed entity:

(i) Corporation — an officer;

(ii) Partnership or limited partnership — a general partner;

(iii) Limited liability company — a member or manager.

The individual designated broker for any business entity shall have full authority to act on behalf of the licensed business entity and shall submit sufficient and satisfactory proof thereof with the application for license. Such proof shall include a list of the entity's officers, directors, members or managers, as reflected in the minutes, resolutions or other similar business documents of the entity. All acts of that individual as designated broker shall be considered acts of the licensed business entity. Nothing in this section is intended to create liability to a legal business entity for illegal or fraudulent acts by the individual broker performed solely on his own account.

(d) A license issued to a legal business entity, as defined in this chapter, is effective only as long as the individual designated broker's license is in active status and in effect. If the individual so designated has a license refused, revoked, suspended or otherwise made inactive by the commission, or if the individual designated broker voluntarily surrenders the individual license or ceases to be connected with the entity in the manner required above, the business entity shall have ten (10) business days in which to designate another qualified individual as designated broker before the entity's license is terminated, and the licenses of all associated licensees are made inactive.

(e) One (1) individual may act as designated broker for more than one (1) licensed business entity, however, all entities shall have their main offices in the same physical location.

(f) Satisfactory proof of mandatory errors and omissions insurance shall be provided for both the individual designated broker and the licensed business entity.

(g) A legal business entity doing business under an assumed name shall provide satisfactory proof of having legally filed a certificate of assumed name with the Idaho secretary of state.

(2) Sole proprietorships. An individual designated broker not licensed with a legal business entity, as defined in section 54-2004, Idaho Code, shall be licensed as a sole proprietor. Each sole proprietorship seeking a real estate license shall meet all of the following requirements:

(a) A licensed sole proprietor doing business under an assumed business name shall provide satisfactory proof of having legally filed a certificate of assumed name with the Idaho secretary of state;

(b) Satisfactory proof of mandatory errors and omissions insurance shall be provided for the licensed designated broker of a sole proprietorship;

(c) The individual designated broker shall have satisfactorily completed a commission-approved business conduct and office operations course within three (3) years immediately prior to the application for license.

(3) Multiple business names prohibited. A legal business entity or sole proprietorship shall be licensed under only one (1) business name.

(4) Branch offices. Each branch office in which trust funds and original transaction files are maintained shall be separately licensed in accordance with the following:

(a) The designated broker establishing the branch office shall submit an application, along with the required fee for the issuance or renewal of the branch office license.

(b) The designated broker shall designate in the application a branch manager, who shall be an associate broker and who, within three (3) years immediately prior to the designation, shall have completed a commission-approved business conduct and office operations course, to regularly occupy and be responsible for the supervision of the branch office. When a branch manager is a regular full-time employee or is engaged in a full-time activity at a location other than the place he is licensed to do business, a presumption will be made that the branch manager is unable to responsibly supervise the branch; provided however, the presumption may be overcome by evidence to the contrary which the commission determines to be satisfactory.

(c) A branch manager shall not be licensed to manage more than one (1) branch office at a time.

(d) A license issued to a branch office is valid and in effect only as long as the license of the designated broker remains in active status.

(e) No separate branch office license or manager is required for business locations other than the main office unless trust funds or original transaction records are kept at the branch.

(f) If a separate real estate trust account is maintained for a branch office, all records and related files for that account shall be maintained at the branch office.

(g) Each branch office or business location, whether separately licensed or not, shall conduct business only in the licensed name of the legal entity or sole proprietor.

History:

[54-2016, added 2000, ch. 285, sec. 3, p. 919; am. 2001, ch. 123, sec. 5, p. 424; am. 2002, ch. 220, sec. 4, p. 611; am. 2005, ch. 105, sec. 2, p. 330; am. 2005, ch. 107, sec. 3, p. 340; am. 2007, ch. 98, sec. 2, p. 286; am. 2008, ch. 142, sec. 1, p. 407; am. 2010, ch. 213, sec. 2, p. 462.]
Idaho Code § 54-3302 — Idaho Code / Title 54 / Chapter 33 / Section 54-3302
54-3302 LICENSE TO PRACTICE REQUIRED.
Status: in_force

54-3302. License to practice required. A person shall hold a license for the practice of denturitry in order to:

(1) Engage in or offer to engage in the practice of denturitry; or

(2) Use in connection with such person's name the word "denturist" or any other words, letters, abbreviations, or insignia implying that such person is engaged in the practice of denturitry.

History:

[54-3302, added 2026, ch. 298, sec. 9, p. 1228.]
Idaho Code § 54-3413 — Idaho Code / Title 54 / Chapter 34 / Section 54-3413
54-3413 ADMINISTRATION BY THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES.
Status: in_force

54-3413. Administration by the division of occupational and professional licenses. This chapter shall be administered by the division of occupational and professional licenses.

History:

[54-3413, added 1982, ch. 183, sec. 1, p. 484; am. 2022, ch. 94, sec. 51, p. 316.]
Idaho Code § 54-602 — Idaho Code / Title 54 / Chapter 6 / Section 54-602
54-602 LICENSE A PREREQUISITE TO PRACTICE.
Status: in_force

54-602. LICENSE A PREREQUISITE TO PRACTICE. It is unlawful for any person to practice podiatry unless licensed to do so as provided in this chapter.

History:

[54-602, added 2026, ch. 217, sec. 2, p. 904.]
Idaho Code § 54-3109A — Idaho Code / Title 54 / Chapter 31 / Section 54-3109A
54-3109A ENDORSEMENT — CERTIFICATION.
Status: in_force

54-3109A. endorsement — certification. The board, upon application and the payment of the required fee, may issue a shorthand reporter certificate by endorsement to a person who has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, who holds a shorthand reporter certificate of qualification or license issued to that person by the proper authority of any state or territory of the United States, and who:

(1) Provides official documentation that the individual has passed at any time one (1) of the examinations set forth in section 54-3108, Idaho Code; and

(2) Provides documentation that the individual has continually worked as a certified shorthand reporter for at least three (3) of the last five (5) years immediately prior to application.

History:

[54-3109A, added 2019, ch. 47, sec. 3, p. 129; am. 2022, ch. 246, sec. 27, p. 807.]
Idaho Code § 54-1408 — Idaho Code / Title 54 / Chapter 14 / Section 54-1408
54-1408 LICENSE FOR REGISTERED NURSING.
Status: in_force

54-1408. License for registered nursing. (1) Qualifications. To qualify for a license to practice registered nursing, a person must:

(a) Have successfully completed the basic curriculum of an approved registered nursing education program or its equivalent; and

(b) Satisfy one (1) of the following requirements:

(i) Pass an examination adopted and used by the board to measure knowledge and judgment essential for the safe practice of registered nursing; or

(ii) Have a professional or registered nurse license in good standing, without restriction or limitation, issued upon successful similar examination, approved by the board, conducted in another state, territory or foreign country; or

(iii) Have a professional or registered nurse license in good standing, without restriction or limitation, issued by another state, territory or foreign country and meet established board requirements; and

(c) Be of sufficiently sound physical and mental health as will not impair or interfere with the ability to practice nursing.

(2) Fees. A qualified applicant shall be entitled to a license to practice registered nursing upon payment of a license fee to the board in an amount designated by the board not to exceed two hundred dollars ($200).

History:

[(54-1408) 54-1407, added 1977, ch. 132, sec. 2, p. 284; am. & redesig. 1998, ch. 118, sec. 4, p. 441; am. 2002, ch. 80, sec. 2, p. 179; am. 2009, ch. 67, sec. 2, p. 190; am. 2012, ch. 142, sec. 4, p. 375.]
Idaho Code § 54-1230 — Idaho Code / Title 54 / Chapter 12 / Section 54-1230
54-1230 LAND SURVEYING — RIGHT OF ENTRY.
Status: in_force

54-1230. LAND surveying — Right of entry. (1) Any person duly licensed by the state of Idaho as a professional land surveyor, including all subordinates subject to the supervision of a licensed surveyor while undertaking land survey activities, and any surveyor or his subordinate employed in the execution of any survey authorized by the congress of the United States may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and doing any work that may be necessary to carry out the objects of existing laws relative to surveys, may establish permanent station marks, and may erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.

(2) Nothing in this section shall affect the right of entry established in sections 40-1310 and 40-2301, Idaho Code.

(3) A surveyor or his subordinate shall not enter railroad property pursuant to this section without written permission from the railroad's chief engineering officer or his designee.

(4) The surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work, or establishing a permanent survey monument without first providing prior notice to the landowner or occupant by first class mail or by personal notice. If the land is occupied by a person other than the landowner, prior notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed as soon as practicable following the contract or agreement to perform the work and at least seven (7) days prior to the entry onto the land unless the notice period is waived in writing by the landowner, occupant, or an agent thereof. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or, if hand delivery cannot be accomplished, it may be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyor's name, address, telephone number, purpose, availability of the survey, and the presence of any temporary or permanent monuments or other markers to be established by the surveyor and left on the land. The surveyor or his agent or employee shall cooperate with the landowner, occupant, or agent thereof to avoid disruption of a business or agricultural operation.

History:

[(54-1230) 1919, ch. 31, sec. 1, p. 112; C.S., sec. 2243; I.C.A., sec. 53-2309; am. 1986, ch. 140, sec. 25, p. 395; am. 2019, ch. 149, sec. 1, p. 498.]
Idaho Code § 54-1143 — Idaho Code / Title 54 / Chapter 11 / Section 54-1143
54-1143 RIGHT TO RELY.
Status: in_force

54-1143. Right to rely. (1) Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceased whose remains are sought to be buried or cremated and the signer's authority to order such disposition.

(2) A funeral establishment, cemetery or crematory establishment shall have the right to rely on such authorization and shall have authority to dispose of human remains upon the receipt of an authorization form signed by the decedent or by the person having the right to control disposition as set forth in section 54-1142, Idaho Code, or upon authorization by the county coroner pursuant to section 31-2802, Idaho Code. There shall be no liability of a funeral establishment, cemetery or crematory establishment that disposes of human remains pursuant to such authorization, or that releases or disposes of the remains pursuant to such authorization.

History:

[54-1143, added 1994, ch. 423, sec. 5, p. 1331; am. 2003, ch. 257, sec. 22, p. 679; am. 2012, ch. 208, sec. 3, p. 563.]
Idaho Code § 54-2023 — Idaho Code / Title 54 / Chapter 20 / Section 54-2023
54-2023 CONTINUING EDUCATION REQUIREMENTS.
Status: in_force

54-2023. Continuing education requirements. (1) Each licensee applying to renew an Idaho broker or salesperson license on active status, and each Idaho broker or salesperson applying to change from inactive to active license status after having renewed the license on inactive status, shall successfully complete two (2) commission core courses, plus twelve (12) classroom hours of continuing education credit. If the inactive licensee is within the initial licensing period, no continuing education is required to change to active license status. Provided that:

(a) Salesperson — First active renewal or activation. To renew an Idaho salesperson license on active status for the first time, or to change from inactive to active status for the first time after the expiration of the initial license period, a salesperson shall complete two (2) commission core courses, plus the post license course.

(b) Inactive broker activating as a designated broker or branch manager. To activate as a designated broker or branch manager, a broker on inactive status shall, in addition to meeting the continuing education requirements of this subsection, have completed a commission-approved business conduct and office operations course within three (3) years immediately prior to the license activation.

(2) Credits used to reactivate license. Continuing education credit hours applied to activate an inactive license are considered "spent" and may not thereafter be applied toward the continuing education requirements for subsequent license renewal.

(3) No duplicate credit. No licensee may obtain continuing education credit for completing:

(a) Any core course curriculum for which the licensee has previously received continuing education credit; or

(b) Any course curriculum for which the licensee has received continuing education credit in the same license period.

(4) Excess credits. The classroom hours shall apply to the license period in which such course is completed; hours completed in excess of those required for the license period shall not accumulate or be credited for the purposes of subsequent license renewal periods.

(5) Commission-ordered education. No licensee shall obtain continuing education credit for education ordered by the commission as part of a disciplinary action.

(6) Obtaining continuing education classroom hours. In order to obtain continuing education classroom hours, a licensee must:

(a) Successfully complete a commission-approved continuing education or post license course;

(b) Attend a regularly scheduled meeting of the commission from the time the meeting is called to order until the meeting is adjourned or until the licensee is excused by the commission chairperson. A maximum of four (4) hours for this activity shall be credited for any one (1) meeting in any one (1) license period;

(c) Successfully complete a commission-approved broker prelicense course. Continuing education credit may be obtained for retaking the same broker prelicense course only if completed after three (3) years of completing the previous course; or

(d) Provide to the commission a transcript or course completion certificate of successful completion of any of the following courses without commission preapproval of the curriculum, instructors or providers:

(i) Professional designation courses. Any course developed by national professional organizations that is required in order to earn professional designations from a national organization in specialized areas of licensed real estate practice;

(ii) Courses accredited by another profession or jurisdiction. Any course approved by and offered in satisfaction of another professional or occupational licensing authority's education requirements, if the commission determines that the course is within the approved topic areas established by the commission and if the course otherwise meets commission standards for course certification including distance learning and minimum classroom hour requirements; or

(iii) Courses offered by an accredited college or university. Any course offered in satisfaction of a degree requirement by an accredited college or university if the commission determines that the course is within the approved topic areas established by the commission.

(e) If a certified course instructor, teach a live course for which continuing education credit may be obtained. Credits shall be granted for the number of classroom hours taught.

(7) Licensee duty to keep satisfactory proof. The licensee shall keep satisfactory proof of having completed the continuing education requirement and shall submit such proof at the request of the commission as provided in section 54-2018, Idaho Code.

(8) Provisional license — Extension of time. A three (3) month extension of time for completing the education requirements may be obtained by submitting with the renewal application, or application to activate, satisfactory evidence showing that the applicant was unable to comply with such education requirements. Such evidence shall be:

(a) Bona fide hardship preventing completion of the reinstatement requirements of an inactive license;

(b) Health reasons preventing attendance or completion; or

(c) Other compelling cause beyond the control of the applicant while engaged in the real estate business.

If such an extension is granted, the licensee shall receive a provisional license for a period of time not to exceed three (3) months. No further extension of time may be granted. A license issued or renewed after an extension of time has been granted shall retain the original license expiration date. Failure to satisfy the continuing education requirement within the time granted shall result in the automatic inactivation of the license.

History:

[54-2023, added 2000, ch. 285, sec. 3, p. 924; am. 2001, ch. 123, sec. 10, p. 429; am. 2002, ch. 280, sec. 2, p. 820; am. 2003, ch. 65, sec. 4, p. 215; am. 2004, ch. 120, sec. 2, p. 405; am. 2005, ch. 107, sec. 6, p. 245; am. 2006, ch. 166, sec. 5, p. 508; am. 2007, ch. 98, sec. 5, p. 292; am. 2008, ch. 142, sec. 3, p. 410; am. 2010, ch. 217, sec. 3, p. 488; am. 2012, ch. 75, sec. 1, p. 217; am. 2014, ch. 42, sec. 3, p. 102.]
Idaho Code § 54-2019 — Idaho Code / Title 54 / Chapter 20 / Section 54-2019
54-2019 DENIAL OF LICENSE APPLICATIONS.
Status: in_force

54-2019. Denial of license applications. (1) The commission may deny any license application, including an application for license renewal, upon the commission's determination of any of the following:

(a) The applicant does not possess all of the qualifications required for the license sought;

(b) The applicant employed fraud, deception, misrepresentation, misstatement or omission or any unlawful means in applying for a license or taking the exam;

(c) Within the five (5) year period immediately preceding the application, the applicant committed any act for which a real estate license in Idaho may be revoked or suspended;

(d) Payment of any licensing fee by check that is returned by the banking institution due to insufficient funds, unless the reason for not paying on the check is the fault of the banking institution, or by any other type of insufficient payment; or

(e) There exist any other specific facts about the applicant that cause the commission to reasonably conclude that granting the applicant's request for Idaho licensure is not in the best interests of the citizens of the state of Idaho.

(2) Where any of the facts referenced above warranting denial of the application are not discovered or determined by the commission until after the license has been issued, such facts may be grounds for the inactivation, expiration, termination, suspension or revocation of the license.

History:

[54-2019, added 2000, ch. 285, sec. 3, p. 922; am. 2001, ch. 123, sec. 7, p. 427; am. 2005, ch. 107, sec. 5, p. 344; am. 2015, ch. 71, sec. 1, p. 190.]
Idaho Code § 54-5306 — Idaho Code / Title 54 / Chapter 53 / Section 54-5306
54-5306 LICENSING OF APPLICANTS — ENDORSEMENT.
Status: in_force

54-5306. Licensing of applicants — Endorsement. (1) The board shall issue a license to each applicant who submits the required information on an application form provided by the board together with the supporting documentation and the required fees, and who demonstrates to the satisfaction of the board that the applicant meets the education, experience, and examination requirements, or the facility requirements, of this chapter and the rules adopted thereto.

(2) Whenever the board determines that another state or country has licensing requirements substantially equivalent to or higher than those in effect pursuant to this chapter, the board may, upon receipt of the required application, supporting documentation, and required fee, issue licenses to applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned licenses in such other state or country. The board, in its discretion, may require by rule that applicants who received their professional education or experience outside of the United States provide additional information to the board concerning such professional education or experience. The board may also, in its discretion, require successful completion of additional course work or examination.

History:

[(54-5306) 54-5106, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 13, p. 53.]
Idaho Code § 54-717 — Idaho Code / Title 54 / Chapter 7 / Section 54-717
54-717 CERTIFICATION IN CLINICAL NUTRITION.
Status: in_force

54-717. certification in clinical nutrition. (1) To qualify for certification in clinical nutrition, a licensee of this chapter must have successfully completed a minimum of the following courses:

(a) Seven (7) credits (seventy-seven (77) hours) of didactic human nutrition, nutrition biochemistry and nutritional pharmacology; and

(b) Twenty-four (24) hours of practicum in intravenous and injectable nutrient therapy, which must include: sterile needle practices, phlebotomy, proper injection techniques, intravenous therapy techniques, intramuscular injection techniques, safety practices, and use and expected outcomes utilizing micronutrients, response to adverse effects, lab testing and blood chemistry interpretation.

The courses required by this subsection must be taken from an accredited chiropractic college or other accredited institution of higher education and must be from an accredited program at the college or institution or be a program approved by board rule.

For purposes of this section, "accredited" means accredited by an accrediting agency recognized by the United States department of education.

(2) Until January 1, 2019, a licensee of this chapter who commenced obtaining the education requirements of subsection (1)(a) of this section no earlier than January 1, 2013, and thereafter successfully completed those requirements, may be determined to have satisfied the requirements of subsection (1)(a) of this section as provided in board rule.

(3) The practicum required for certification in clinical nutrition by subsection (1)(b) of this section must commence and be successfully completed after the effective date of this section and pursuant to board rule.

(4) All active chiropractic physicians wishing to obtain certification in clinical nutrition must first successfully complete the education described in subsection (1) of this section.

(5) In order to maintain clinical nutrition certification, a chiropractic physician certified in clinical nutrition must obtain recertification in clinical nutrition every three (3) years pursuant to board rule.

(6) All chiropractic physicians certified in clinical nutrition must maintain a current cardiopulmonary resuscitation (CPR) and basic life support (BLS) certification, as well as have BLS equipment on the chiropractic premises where treatment is being performed.

(7) Prior to providing a course of intravenous or injectable nutrition therapy, chiropractic physicians certified in clinical nutrition must provide to their patients informed consent documentation that explains the benefits and potential risks of the specific course of intravenous or injectable nutrition therapy that is being proposed. The physician must obtain from the patient written voluntary permission to perform the proposed therapy.

History:

[54-717, added 2017, ch. 190, sec. 8, p. 437.]
Idaho Code § 54-1420 — Idaho Code / Title 54 / Chapter 14 / Section 54-1420
54-1420 AUTHORITY TO SIGN OR VERIFY.
Status: in_force

54-1420. authority to sign or verify. When a provision of law or rule requires the signature, certification, stamp, verification, affidavit, or endorsement of a physician, that requirement may be fulfilled by an advanced practice registered nurse (APRN), including a certified nurse practitioner, certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist. This section shall not be construed to expand the scope of practice of an APRN.

History:

[54-1420, added 2020, ch. 20, sec. 1, p. 56.]
Idaho Code § 54-5801 — Idaho Code / Title 54 / Chapter 58 / Section 54-5801
54-5801 SHORT TITLE.
Status: in_force

54-5801. SHORT TITLE. This chapter shall be known and may be cited as the "Barber and Cosmetology Services Act."

History:

[54-5801, added 2018, ch. 228, sec. 3, p. 520.]
Idaho Code § 54-2067 — Idaho Code / Title 54 / Chapter 20 / Section 54-2067
54-2067 CEASE AND DESIST ORDERS.
Status: in_force

54-2067. Cease and desist orders. The commission is authorized to order that any person violating any provision of this chapter cease and desist such activity immediately. Violation of the cease and desist order shall be a violation of this chapter and shall subject the person to any and all remedies available to the commission in this or other chapters of the Idaho Code.

History:

[54-2067, added 2000, ch. 285, sec. 3, p. 948.]
Idaho Code § 54-1115 — Idaho Code / Title 54 / Chapter 11 / Section 54-1115
54-1115 LICENSE FEES.
Status: in_force

54-1115. license fees. Any fee required pursuant to this chapter, including fees for original licenses, examinations, renewals, and certificates, shall be set by board rule. All fees shall be paid to the division of occupational and professional licenses.

History:

[54-1115, added 2020, ch. 257, sec. 5, p. 747; am. 2022, ch. 94, sec. 19, p. 296; am. 2025, ch. 104, sec. 7, p. 555.]
Idaho Code § 54-1810 — Idaho Code / Title 54 / Chapter 18 / Section 54-1810
54-1810 PHYSICIAN LICENSURE BY WRITTEN EXAMINATION.
Status: in_force

54-1810. physician Licensure by written examination. Any person seeking to be licensed to practice medicine or osteopathic medicine as a physician in this state must successfully complete the following requirements before a license will be issued:

(1) Each applicant must submit a completed written application to the board on forms furnished by the board, which shall require proof of graduation from a medical school acceptable to the board and successful completion of a postgraduate training program acceptable to the board. The application shall require a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.

(2) Each applicant must pass an examination conducted by or acceptable to the board that shall thoroughly test the applicant's fitness to practice medicine. If an applicant fails to pass any step of the examination on two (2) separate occasions, the applicant may be required to be interviewed, evaluated, or examined by the board.

(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. Such an interview shall be limited to a review of the applicant's qualifications and professional credentials.

(4) For an international physician licensed pursuant to section 54-1812, Idaho Code, successful completion of the three (3) year provisional license period shall constitute a postgraduate training experience acceptable to the board.

History:

[54-1810, added 1977, ch. 199, sec. 10, p. 544; am. 1999, ch. 116, sec. 1, p. 350; am. 2003, ch. 126, sec. 1, p. 376; am. 2017, ch. 81, sec. 1, p. 224; am. 2019, ch. 26, sec. 12, p. 65; am. 2024, ch. 101, sec. 5, p. 451; am. 2024, ch. 216, sec. 3, p. 768; am. 2025, ch. 211, sec. 20, p. 992.]
Idaho Code § 54-1413 — Idaho Code / Title 54 / Chapter 14 / Section 54-1413
54-1413 DISCIPLINARY ACTION.
Status: in_force

54-1413. Disciplinary action. (1) Grounds for discipline. The board shall have the power to take disciplinary action upon a determination that an individual engaged in conduct constituting any one (1) of the following grounds:

(a) Made, or caused to be made, a false, fraudulent or forged statement or representation in procuring or attempting to procure a license to practice nursing;

(b) Practiced nursing under a false or assumed name;

(c) Is convicted of or enters a guilty plea for a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(d) Is or has been grossly negligent or reckless in performing nursing functions;

(e) Habitually uses alcoholic beverages or drugs as defined by rule;

(f) Is physically or mentally unfit to practice nursing;

(g) Violates the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board;

(h) Otherwise engages in conduct of a character likely to deceive, defraud or endanger patients or the public, which includes, but is not limited to, failing or refusing to report criminal conduct or other conduct by a licensee that endangers patients;

(i) Has been disciplined by a nursing regulatory authority in any jurisdiction. A certified copy of the order entered by the jurisdiction shall be prima facie evidence of such discipline;

(j) Failure to comply with the terms of any board order, negotiated settlement or probationary agreement of the board or to pay fines or costs assessed in a prior disciplinary proceeding;

(k) Engaging in conduct with a patient that is sexual, sexually exploitative, sexually demeaning or may reasonably be interpreted as sexual, sexually exploitative or sexually demeaning; or engaging in conduct with a former patient that is sexually exploitative or may reasonably be interpreted as sexually exploitative. It would not be a violation under this subsection for a nurse to continue a sexual relationship with a spouse or individual of majority if a consensual sexual relationship existed prior to the establishment of the nurse-patient relationship; or

(l) Failure to comply with the requirements of the abortion complications reporting act, chapter 95, title 39, Idaho Code.

(2) Separate offense. Each day an individual violates any of the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board shall constitute a separate offense.

(3) Probation/subsequent review. Any order of the board entered under this section may be withheld or suspended for a probationary period to be fixed by the board upon such terms and conditions as may be appropriate in order to regulate, monitor and/or supervise the practice of nursing by the licensee subject to such order for the prescribed probationary period. Any order of the board entered under this section may be withdrawn, reversed, modified or amended upon a showing by the person subject to the order that the grounds for discipline no longer exist or that he is rehabilitated, qualified and competent to practice nursing and that he is not likely to violate this chapter or rules adopted hereunder in the future.

(4) Reporting investigative information.

(a) Nothing in section 74-106(8) and (9), Idaho Code, shall be construed as limiting the authority of the board to report current significant investigative information to the coordinated licensure information system for transmission to states that are parties to any multistate agreements or compacts regarding nurse licensure.

(b) The executive director of the board may, in the administration of this chapter, share information and otherwise cooperate with government regulatory and law enforcement agencies.

History:

[(54-1413) 54-1412, added 1977, ch. 132, sec. 2, p. 285; am. 1984, ch. 57, sec. 5, p. 104; am. and redesig. 1998, ch. 118, sec. 10, p. 443; am. 2001, ch. 76, sec. 2, p. 185; am. 2002, ch. 80, sec. 7, p. 181; am. 2008, ch. 67, sec. 2, p. 173; am. 2013, ch. 208, sec. 1, p. 496; am. 2014, ch. 139, sec. 1, p. 377; am. 2015, ch. 141, sec. 138, p. 484; am. 2018, ch. 225, sec. 2, p. 514; am. 2018, ch. 348, sec. 5, p. 801; am. 2020, ch. 175, sec. 20, p. 522; am. 2021, ch. 34, sec. 1, p. 76; am. 2026, ch. 221, sec. 7, p. 934.]
Idaho Code § 54-2096 — Idaho Code / Title 54 / Chapter 20 / Section 54-2096
54-2096 SEVERABILITY.
Status: in_force

54-2096. Severability. The provisions of this chapter are severable and if any provision of this chapter 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 the remaining portions of this chapter.

History:

[54-2096, added 2000, ch. 285, sec. 18, p. 959.]
Idaho Code § 54-3112 — Idaho Code / Title 54 / Chapter 31 / Section 54-3112
54-3112 SUSPENSION AND REVOCATION OF TEMPORARY PERMIT OR CERTIFICATE.
Status: in_force

54-3112. Suspension and revocation of temporary permit or certificate. The board may refuse to issue, refuse to renew, suspend, revoke, or otherwise sanction a temporary permit or certified shorthand reporter certificate for any of the following reasons:

(1) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code. The record of conviction, or a certified copy thereof, shall be prima facie evidence of conviction in such cases.

(2) Fraud or misrepresentation resorted to in obtaining a certificate thereunder.

(3) Fraud, dishonesty, corruption, willful violation of duty, gross incompetence in practice or unprofessional conduct in performing services as a certified shorthand reporter.

(4) Persistent failure to perform duties.

(5) Any physical or mental disability materially interfering with the performance of duties.

(6) The violation of the provisions of this chapter or rules, or any ethical codes as may be adopted by the board.

History:

[54-3112, added 1974, ch. 110, sec. 13, p. 1255; am. 1987, ch. 72, sec. 4, p. 143; am. 2008, ch. 68, sec. 12, p. 181; am. 2020, ch. 175, sec. 29, p. 536.]
Idaho Code § 54-4013 — Idaho Code / Title 54 / Chapter 40 / Section 54-4013
54-4013 DISCIPLINARY ACTION.
Status: in_force

54-4013. disciplinary action. The board may refuse to issue or renew or otherwise discipline a license holder for any of the following:

(1) The employment of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license;

(2) Practicing as a massage therapist when physical or mental abilities are impaired as determined by the board;

(3) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, provided that the board has taken into consideration the rehabilitation of the applicant or licensee and other mitigating circumstances;

(4) Having been adjudged mentally incompetent by a court of competent jurisdiction;

(5) Engaging in any act or practice in violation of any of the provisions of this chapter or any of the rules adopted by the board, or aiding, abetting or assisting any other person in such a violation;

(6) The commission of an act of gross negligence or incompetence;

(7) Practicing without a valid license;

(8) Engaging in any lewd, indecent, obscene or unlawful behavior with a client;

(9) The employment of fraud, deceit, or misrepresentation when communicating with the general public, health care professionals or other business professionals;

(10) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failing to divulge such information when requested by the board;

(11) A violation of the code of ethics or standards of practice as adopted by the board; and

(12) Failure to comply with an order issued by the board.

History:

[54-4013, added 2012, ch. 261, sec. 1, p. 727; am. 2020, ch. 175, sec. 33, p. 539.]
Idaho Code § 54-2910 — Idaho Code / Title 54 / Chapter 29 / Section 54-2910
54-2910 POWERS AND DUTIES OF THE BOARD.
Status: in_force

54-2910. Powers and duties of the board. The board shall have the authority to administer, coordinate and enforce the provisions of this chapter including, but not limited to:

(1) Evaluate the qualifications of applicants for licensure, approve and administer examinations to test the knowledge and proficiency of applicants for licensure, and approve or deny the registration and issuance and renewal of licenses and permits;

(2) Promulgate rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter including, but not limited to, ethical standards of practice;

(3) Adopt rules allowing for continuing education; and

(4) Require the inspection of testing equipment and facilities of persons engaging in any practice pursuant to this chapter.

History:

[54-2910, added 2005, ch. 277, sec. 2, p. 858; am. 2022, ch. 94, sec. 42, p. 311; am. 2026, ch. 221, sec. 18, p. 946.]
Idaho Code § 54-222 — Idaho Code / Title 54 / Chapter 2 / Section 54-222
54-222 VIOLATION OF CHAPTER A MISDEMEANOR.
Status: in_force

54-222. Violation of chapter a misdemeanor. Any violation of any of the provisions of this chapter shall constitute a misdemeanor, and any person, corporation, partnership, proprietorship, member, firm or association of any kind or nature convicted thereof may be punished by a fine not to exceed seven hundred fifty dollars ($750), or six (6) months imprisonment, or both.

History:

[(54-222) I.C., sec. 54-219, as added by 1974, ch. 263, sec. 2, p. 1686; am. 1986, ch. 128, sec. 4, p. 335; am. and redesig. 1993, ch. 239, sec. 27, p. 843.]
Idaho Code § 54-2304 — Idaho Code / Title 54 / Chapter 23 / Section 54-2304
54-2304 ESTABLISHMENT OF BOARD OF PSYCHOLOGIST EXAMINERS.
Status: in_force

54-2304. Establishment of board of psychologist examiners. There is hereby created in the division of occupational and professional licenses an Idaho state board of psychologist examiners as follows:

(1) Said board shall consist of four (4) licensed psychologist members and one (1) public member who is not a practitioner or spouse of a practitioner in any health care field and who is not a convicted felon and who has not been an applicant for licensure as a psychologist, who are citizens of the United States, residents of the state of Idaho, and appointed by the governor for four (4) year terms. The psychologist members' terms shall be staggered such that only one (1) term expires June 30 of each year.

(2) Each psychologist board member shall be licensed under this chapter.

(3) When the term of each psychologist member of the board ends, the governor shall appoint his successor for a term of four (4) years. The governor may consider recommendations for appointment to the board from the Idaho psychological association and from any individual residing in this state. Any vacancy occurring on the board shall be filled by the governor by appointment for the unexpired term. Board members shall serve at the pleasure of the governor.

(4) At all times, the board shall have at least one (1) member who is engaged primarily in rendering services in psychology and at least one (1) member who is engaged primarily in teaching, training, or research in psychology.

(5) No board member shall serve more than two (2) consecutive terms.

(6) Each board member shall be compensated as provided by section 59-509(n), Idaho Code.

(7) The board shall annually in the month of July, hold a meeting, and elect a chairman and vice chairman. The board shall meet at such other times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Reasonable notice of all meetings shall be given as required by law. A majority of the board shall constitute a quorum at any meeting or hearing.

History:

[54-2304, added 1963, ch. 186, sec. 4, p. 549; am. 1965, ch. 201, sec. 7, p. 446; am. 1969, ch. 464, sec. 17, p. 1304; am. 1974, ch. 13, sec. 159, p. 138; am. 1980, ch. 247, sec. 69, p. 637; am. 1982, ch. 145, sec. 1, p. 406; am. 1990, ch. 68, sec. 1, p. 150; am. 1996, ch. 66, sec. 6, p. 203; am. 1999, ch. 150, sec. 1, p. 421; am. 2009, ch. 33, sec. 3, p. 91; am. 2016, ch. 340, sec. 28, p. 949; am. 2021, ch. 222, sec. 21, p. 636.]
Idaho Code § 54-1602 — Idaho Code / Title 54 / Chapter 16 / Section 54-1602
54-1602 DEFINITIONS.
Status: in_force

54-1602. DEFINITIONS. As used in this chapter:

(1) "Administrator designee" means a qualified individual filling a vacant nursing home administrator position pursuant to a signed agreement.

(2) "Board" means the Idaho board of long-term care administrators, including both nursing home and residential care facility administrators.

(3) "Hearing officer" means a person appointed by the board to hear a contested case.

(4) "Long-term care administrator" means any individual that qualifies as a nursing home administrator or residential care facility administrator.

(5) "Long-term care facility" means any nursing home or residential care facility.

(6) "Nursing home" means a facility whose design and function shall provide area, space, and equipment to meet the health needs of two (2) or more individuals who, at a minimum, require inpatient care and services for twenty-four (24) or more consecutive hours for unstable chronic health problems requiring daily professional nursing supervision and licensed nursing care on a twenty-four (24) hour basis, restorative, rehabilitative care, and assistance in meeting daily living needs. Medical supervision is necessary on a regular, but not daily, basis.

(7) "Nursing home administrator" means any individual responsible for planning, organizing, directing, and controlling nursing home operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.

(8) "Nursing home administrator-in-training" means an individual registered as such under the provisions of this chapter.

(9) "Practice of nursing home administration" means the planning, organizing, directing, and control of nursing home operations.

(10) "Practice of residential care facility administration" means the planning, organizing, directing, and control of residential care facility operations.

(11) "Provisional permit" means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter.

(12) "Provisional residential care facility administrator" means an individual who has been issued a permit as such under the provisions of this chapter.

(13) "Residential care facility" means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals, and lodging to three (3) or more elderly, developmentally disabled, physically disabled or mentally ill adults not related to the owner.

(14) "Residential care facility administrator" means any individual responsible for planning, organizing, directing, and controlling residential care facility operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.

History:

[54-1602, added 2025, ch. 98, sec. 3, p. 531.]
Idaho Code § 54-4014 — Idaho Code / Title 54 / Chapter 40 / Section 54-4014
54-4014 ENFORCEMENT — PENALTIES.
Status: in_force

54-4014. enforcement — penalties. A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.

History:

[54-4014, added 2012, ch. 261, sec. 1, p. 728; am. 2026, ch. 221, sec. 95, p. 977.]
Idaho Code § 54-306 — Idaho Code / Title 54 / Chapter 3 / Section 54-306
54-306 EXEMPTIONS.
Status: in_force

54-306. exemptions. Nothing contained in this chapter shall be held or construed to have any application to, or to prevent or affect, the following:

(1) The practice of engineering or any other profession or trade for which a license is required under any law of this state, or the practice of consultants, officers and employees of the United States while engaged solely in the practice of architecture for said government.

(2) Draftsmen, students, clerks of work, project representatives and others working under the supervision of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control or supervision of their supervisors, or to prevent the employment of clerks of work or inspectors of buildings paid by the owners from acting, if under the control or direction of a licensed architect who has prepared the drawings and specifications for the building.

(3) The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building, where the building is to be or is used as a single or multiple family residence not exceeding three (3) units or three (3) stories in height; or as a farm building; or for the purpose of outbuildings or auxiliary buildings in connection with the residential or farm premises.

(4) The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building that does not involve the public health or safety.

(5) The preparation of shop drawings by persons other than architects for use in connection with the execution of their work; or the preparation of drawings of fixtures or other appliances or equipment, or for any work necessary to provide for their installation.

(6) Expert consultation rendered to an architect by a consultant, whether licensed or not, employed by the architect to consult, advise and assist as long as the architect approves, adopts and is responsible for the results of the consultation, advice and assistance.

(7) An intern working under the supervision of a licensed architect, including the use of the title "architectural intern," as may be established and limited by board rule.

(8) A certified interior designer signing and sealing a technical submission covering the scope of certified interior design. Certified interior designers shall have the authority to submit such a technical submission to a state or local governmental entity for the purpose of obtaining any requisite permit for an interior alteration or construction project. A local government shall process such filings in the same manner as it would if such filings were submitted by an architect.

(a) Certified interior designers shall not be engaged in the construction of:

(i) Services that constitute the practice of professional engineering or architecture, except as otherwise provided in this chapter;

(ii) Modifications or additions to a building envelope, including exterior walls, exterior wall claddings, exterior wall openings, exterior windows and doors, balconies and similar projections, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures;

(iii) Changes of building use to occupancies not already allowed by the current building or structure or changes of building use to occupancies of a greater hazard;

(iv) Modifications or additions to the construction classification of a building or structure according to the international building code;

(v) Modifications or additions to the structural system of a building, including changing the building's dead load on the structural system;

(vi) Material changes to the mechanical, plumbing, heating, air conditioning, ventilation, electrical, low voltage, elevators and conveying, fire protection, or fire alarm systems;

(vii) Design of or modifications to an exit stair or exit discharge portion of a means of egress system; or

(viii) Construction that materially affects life safety systems pertaining to fire safety of structural elements or the fire protection of structural elements, smoke evacuation and compartmentalization systems, or fire-rated vertical shafts in multi-story structures.

(b) A certified interior designer shall, as a condition of filing technical submissions for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force.

(c) As used in this subsection, "certified interior designer" means a person who:

(i) Holds an active certified interior designer certification from the board. Such certification shall require that the interior designer:

1. Has met the education and experience requirements of, and has subsequently passed, the qualification examination promulgated by the council for interior design qualification or its successor organization; and

2. Maintains active certification with the council for interior design qualification or its successor organization; and

(ii) Engages in:

1. Consultation, study, design analysis, drawing, space planning, and specification for nonstructural or nonseismic interior construction and alteration projects in compliance with applicable building design and construction accessibility, fire, life safety, and energy codes, standards, regulations, and guidelines;

2. Preparing and submitting technical submissions for the purpose of obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

3. Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings;

4. Administration of design construction and contract documents, as the clients' agent, relating to the functions described in this subparagraph, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; or

5. Creation or alteration of paths of egress.

(d) As used in this subsection, "nonstructural or nonseismic" means interior elements or components that are not load-bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(e) The board is authorized to promulgate rules, subject to legislative approval, only for the administration of the interior design certification provided pursuant to this subsection. Nothing in this subsection authorizes the board to promulgate rules relating to licensure.

(f) The interior design certification provided for pursuant to this subsection shall not be required for interior designers who do not engage in the practice of signing, sealing, and submitting technical submissions as described in this subsection.

History:

[54-306, added 2018, ch. 129, sec. 2, p. 272; am. 2026, ch. 219, sec. 1, p. 915.]
Idaho Code § 54-1730 — Idaho Code / Title 54 / Chapter 17 / Section 54-1730
54-1730 DRUG OUTLET MINIMUM FACILITY STANDARDS.
Status: in_force

54-1730. DRUG OUTLET MINIMUM FACILITY STANDARDS. Each resident drug outlet shall meet the following minimum facility standards:

(1) Be constructed and equipped with adequate security to protect its equipment, records and supply of drugs, devices and other restricted sale items from unauthorized access, acquisition, or use;

(2) Store controlled substances in accordance with federal law;

(3) Restrict access to the area where prescription drugs are prepared, compounded, distributed, dispensed, or stored to authorized personnel;

(4) Maintain staff sufficient to operate safely and remain open during the hours posted to the public; and

(5) If dispensing more than twenty (20) prescriptions per day, maintain an electronic recordkeeping system to store patient medication records. Such system shall have audit trail functionality that documents the identity of each individual involved in each step of processing, filling, and dispensing or, alternatively, the identity of the pharmacist or prescriber responsible for the accuracy of such processes.

History:

[54-1730, added 2025, ch. 93, sec. 25, p. 428.]
Idaho Code § 54-5011 — Idaho Code / Title 54 / Chapter 50 / Section 54-5011
54-5011 ISSUANCE OF CERTIFICATE OF COMPETENCY.
Status: in_force

54-5011. issuance of Certificate of competency. A certificate of competency in the form of a card shall be issued to an applicant upon successful completion of the examination. The card shall include the holder's name, classification for which the applicant was examined, the year for which the card is current, the holder's signature, certificate number, and the signature of the administrator of the division of occupational and professional licenses.

History:

[54-5011, added 2003, ch. 276, sec. 1, p. 738; am. 2018, ch. 210, sec. 2, p. 479; am. 2023, ch. 15, sec. 66, p. 112.]
Idaho Code § 54-3610 — Idaho Code / Title 54 / Chapter 36 / Section 54-3610
54-3610 IMPOSITION OF TAX AND PROVISION FOR LATE FEES.
Status: in_force

54-3610. Imposition of tax and provision for late fees. (1) From and after the first day of July, 1995, there is hereby levied and imposed a tax payable to the commission on the production of wine in Idaho, and on all grapes grown and grape juice purchased in Idaho for the production of wine in Idaho, and on all grapes and grape juice purchased from producers outside Idaho for the production of wine in Idaho. The commission shall set each tax by rule. The minimum tax to each grower for grapes grown in Idaho shall be set at one hundred dollars ($100) annually. The tax on each winery for the production of wine shall be set at a minimum of one hundred dollars ($100) annually. The purchasers of grapes grown or grape juice produced outside the state shall be responsible for submitting the tax to the commission.

(2) Any person or firm who makes payment to the commission at a date later than that prescribed in this section or by rule may be subject to a late payment penalty as set forth by the commission by rule. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due. In addition to the above penalty, the commission shall be entitled to recover all costs, fees, and reasonable attorney's fees incurred in the collection of the tax and penalty provided for in this section.

History:

[54-3610, added 1995, ch. 204, sec. 2, p. 700; am. 2005, ch. 335, sec. 1, p. 1052; am. 2009, ch. 60, sec. 1, p. 165; am. 2016, ch. 165, sec. 1, p. 449.]
Idaho Code § 54-2201 — Idaho Code / Title 54 / Chapter 22 / Section 54-2201
54-2201 SHORT TITLE.
Status: in_force

54-2201. Short title. This chapter shall be known and may be cited as the "Physical Therapy Practice Act."

History:

[54-2201, added 2001, ch. 197, sec. 2, p. 667.]
Idaho Code § 54-2038 — Idaho Code / Title 54 / Chapter 20 / Section 54-2038
54-2038 DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.
Status: in_force

54-2038. Designated broker — General responsibilities — broker price opinions. The requirement that each brokerage company be maintained and conducted in compliance with the Idaho real estate license law and the Idaho real estate brokerage representation act is the responsibility of its designated broker. The designated broker is responsible for the actions of its licensees and associated unlicensed persons performed within the course and scope of their employment or agency, regardless of the location of the company's business or where representation is conducted.

(1) A designated broker is required to:

(a) Supervise and control, in the manner required by law and rule, all office locations, and the activities of all licensees and unlicensed persons associated with that brokerage company or for whom that designated broker is responsible;

(b) Review and approve all real estate agreements including, but not limited to, those related to listing, selling or purchasing property and brokerage representation agreements;

(c) Be reasonably available to manage and supervise the brokerage company during regular business hours and will maintain adequate, reasonable, and regular contact with sales associates engaged in real estate transactions so as to prevent or curtail practices by a licensee that would violate any provision of this chapter; and

(d) Be reasonably available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the designated broker or his sales associate is involved.

(2) A broker who is otherwise qualified to do business in Idaho, but is not able to manage and supervise according to this section, may be licensed as a "limited broker" in Idaho and shall not have any sales associates licensed under that broker.

(3) An actively licensed salesperson or broker may, in the ordinary course of business, give an opinion of the price of real estate for the purpose of a prospective listing or sale. Only an actively licensed broker or associate broker may prepare and render a broker price opinion, as defined in this chapter. An associate broker who prepares and renders a broker price opinion shall notify the designated broker, and the associate broker may not accept any fee except through the designated broker. Any licensee who renders a price opinion that does not comply with this subsection or with the requirements of section 54-4105, Idaho Code, is subject to discipline by the commission.

(4) A designated broker shall not allow any person who is not properly licensed to represent that broker as a sales associate, or otherwise, in any real estate business activities requiring a real estate license. "Properly licensed" means a license or a change in license that has been made effective by the commission.

History:

[54-2038, added 2000, ch. 285, sec. 3, p. 931; am. 2011, ch. 108, sec. 2, p. 278; am. 2020, ch. 106, sec. 1, p. 286.]
Idaho Code § 54-3703 — Idaho Code / Title 54 / Chapter 37 / Section 54-3703
54-3703 LICENSE REQUIRED.
Status: in_force

54-3703. License required. It shall be unlawful for any person to practice or to offer to practice occupational therapy, or to represent such person to be an occupational therapist or occupational therapy assistant unless such person is licensed under the provisions of this chapter. Only an individual may be licensed under this chapter.

History:

[54-3703, added 1987, ch. 69, sec. 1, p. 124; am. 2009, ch. 222, sec. 3, p. 694.]
Idaho Code § 54-918 — Idaho Code / Title 54 / Chapter 9 / Section 54-918
54-918 EXAMINATIONS.
Status: in_force

54-918. Examinations. (1) An applicant for licensure shall pass such examinations in dentistry, dental therapy, dental hygiene, or denturitry as are approved by the board.

(2) Examinations shall be written or clinical, or both, and shall thoroughly test the fitness and ability of the applicant to practice dentistry, dental therapy, dental hygiene, or denturitry, as determined by the board.

(3) The board shall report and record the names of applicants who pass the examinations required pursuant to this section.

History:

[54-918, added 2026, ch. 298, sec. 7, p. 1227.]
Idaho Code § 54-3410A — Idaho Code / Title 54 / Chapter 34 / Section 54-3410A
54-3410A INFORMED CONSENT AND INFORMATION DISCLOSURE TO CLIENTS.
Status: in_force

54-3410A. Informed consent and Information disclosure to clients. Informed consent involves a licensee's reasonable disclosure of information to clients and the discussion of such information with clients so that they are agreeing to treatment with knowledge of the material facts necessary to make the decision. Persons licensed under this chapter shall provide to each client at the beginning and at other appropriate times within the context of the counseling or therapy an accurate and informative description that allows the client to make an informed decision about the client's care. The specific minimum requirements of a documented record of the disclosure shall be defined in the rules of the board.

History:

[(54-3410A) 54-3410B, added 1998, ch. 413, sec. 7, p. 1305; am. and redesig. 2001, ch. 71, sec. 11, p. 150; am. 2012, ch. 68, sec. 12, p. 199.]
Idaho Code § 54-2623 — Idaho Code / Title 54 / Chapter 26 / Section 54-2623
54-2623 FEE — PERMIT — INSPECTION.
Status: in_force

54-2623. Fee — Permit — Inspection. The applicant shall pay to the department at the time of application, a permit fee for each permit issued and an inspection fee in accordance with the schedule fixed by the Idaho plumbing board, which schedule shall not require inspection fees in amounts to exceed the expense of providing inspection.

History:

[(54-2623) 1957, ch. 214, sec. 28, p. 454; am. 1974, ch. 39, sec. 38, p. 1023; am. and redesignated as sec. 54-2623, 1984, ch. 123, sec. 24, p. 292.]
Idaho Code § 54-5910 — Idaho Code / Title 54 / Chapter 59 / Section 54-5910
54-5910 IMMUNITY OF BOARD MEMBERS AND PERSONS REPORTING INFORMATION TO BOARD.
Status: in_force

54-5910. Immunity of board members and persons reporting information to board. Any member or agent of the board, any member who has served on the board, or any person under oath shall not be subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations or vindictive violations of this chapter or board rules.

History:

[54-5910, added 2022, ch. 194, sec. 1, p. 641.]
Idaho Code § 54-1305 — Idaho Code / Title 54 / Chapter 13 / Section 54-1305
54-1305 WHISTLEBLOWER PROTECTION.
Status: in_force

54-1305. Whistleblower Protection. (1) No health care provider shall be discriminated against in any manner because the health care provider:

(a) Provided, caused to be provided, or is about to provide or cause to be provided information relating to any act or omission the health care provider reasonably believes to be a violation of any provision of this chapter to a health care professional's employer, the attorney general of Idaho, any state agency charged with protecting health care rights of conscience, the United States department of health and human services office of civil rights, or any other federal agency charged with protecting health care rights of conscience; or

(b) Testified, assisted, or participated, or is about to testify, assist, or participate in a proceeding concerning such violation.

(2) Unless the disclosure is specifically prohibited by law, no health care provider shall be discriminated against in any manner because the health care provider disclosed any information that the health care provider reasonably believes evinces:

(a) Any violation of any law, rule, or regulation;

(b) Any violation of any ethical guidelines for the provision of any medical procedure or service; or

(c) Gross mismanagement, a gross waste of funds, an abuse of authority, practices, or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety.

(3) Subsection (2) of this section shall not apply when the disclosure concerns the lawful exercise of discretionary decision-making authority unless the health care provider reasonably believes that the disclosure evinces a violation or misconduct listed in subsection (2) of this section.

History:

[54-1305, added 2025, ch. 101, sec. 1, p. 546.]
Idaho Code § 54-5305 — Idaho Code / Title 54 / Chapter 53 / Section 54-5305
54-5305 EXEMPTIONS.
Status: in_force

54-5305. Exemptions. (1) The provisions of this chapter shall not apply to persons or entities engaging in the activities of selling, filling, refilling, transporting, delivering, or the commercial handling of natural gas or petroleum distillates, or persons engaging in the installation or maintenance of equipment used in the selling or handling or use of natural gas or petroleum distillates.

(2) The provisions of this chapter shall not apply to persons engaged in the dispensing of LPG into portable containers.

(3) The provisions of this chapter shall not apply to facilities engaged in the sale or exchange of portable containers possessing LPG.

History:

[(54-5305) 54-5105, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 12, p. 53.]
Idaho Code § 54-1132 — Idaho Code / Title 54 / Chapter 11 / Section 54-1132
54-1132 CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.
Status: in_force

54-1132. Certificate of authority — Requirements — Display of certificate. (1) Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority.

(2) A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed.

(3) A licensed funeral establishment seeking to obtain a certificate of authority must submit a statement that includes the following:

(a) The types of prepaid contracts to be written;

(b) The name and address of the place of business of the licensed funeral establishment; and

(c) Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code.

(4) Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment.

(5) The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.

(6) A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.

(7) The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.

History:

[54-1132, added 1989, ch. 138, sec. 2, p. 313; am. 2003, ch. 257, sec. 18, p. 677; am. 2016, ch. 80, sec. 1, p. 259; am. 2020, ch. 257, sec. 11, p. 750.]
Idaho Code § 54-4129 — Idaho Code / Title 54 / Chapter 41 / Section 54-4129
54-4129 APPRAISAL REVIEW.
Status: in_force

54-4129. appraisal review. Any employee of, or independent contractor to, the appraisal management company that performs an appraisal review shall be licensed or certified in this state or another state; provided that if a value opinion is provided, the person must be licensed in this state. A person performing a review that does not fall under the definition of an appraisal review is not required to be certified or licensed in any state.

History:

[54-4129, added 2016, ch. 131, sec. 1, p. 393.]
Idaho Code § 54-5614 — Idaho Code / Title 54 / Chapter 56 / Section 54-5614
54-5614 DENIAL OF LICENSE AND DISCIPLINARY PROCEEDINGS.
Status: in_force

54-5614. DENIAL OF LICENSE AND DISCIPLINARY PROCEEDINGS. (1) The board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds:

(a) Fraud or deception in procuring or renewing the license;

(b) Having been found guilty, convicted, or placed on probation; having entered into a guilty plea that is accepted by the court; forfeited bail, bond or collateral deposited to secure a defendant's appearance; or having received a withheld judgment or suspended sentence of a felony by a court of competent jurisdiction;

(c) Gross incompetence or unprofessional conduct;

(d) Fraud or deceit in connection with services rendered as a genetic counselor or in establishing qualifications for licensure under this chapter;

(e) Violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter;

(f) Failure to comply with a board order;

(g) Having had a license revoked or suspended or having been otherwise disciplined by the board or the proper authorities of another state, territory or country;

(h) Habitual drunkenness or addiction to habit-forming drugs, either of which impairs the ability to perform work without danger to himself or the public;

(i) Aiding or abetting any person not licensed or otherwise authorized under this chapter in the practice of genetic counseling in the state of Idaho;

(j) Representing himself as a licensed genetic counselor when he is unlicensed;

(k) Failing to maintain the requirements for a license or failing to achieve the minimum CEUs required for the renewal of a license;

(l) Having a license or certification in a related field revoked or suspended or having been otherwise disciplined in Idaho or any other state; or

(m) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board.

(2) The board may reinstate any revoked or suspended license upon such terms as it may determine.

(3) The board may by rule provide a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review.

History:

[54-5614, added 2015, ch. 128, sec. 1, p. 327.]
Idaho Code § 54-2807 — Idaho Code / Title 54 / Chapter 28 / Section 54-2807
54-2807 BOARD MEETINGS.
Status: in_force

54-2807. Board meetings. The board shall hold at least one (1) regular meeting each year. The board may provide for such additional regular meetings as necessary and for special meetings. Notice of all meetings shall be given as may be provided in the open meeting law. The board shall annually elect a chairman and a vice chairman, who shall be members of the board. Three (3) members shall constitute a quorum.

History:

[54-2807, added 1971, ch. 137, sec. 7, p. 576; am. 2002, ch. 266, sec. 5, p. 790; am. 2008, ch. 249, sec. 3, p. 731.]
Idaho Code § 54-1215 — Idaho Code / Title 54 / Chapter 12 / Section 54-1215
54-1215 LICENSE — SEALS — INTERN CERTIFICATES.
Status: in_force

54-1215. License — Seals — Intern certificates. (1) The board shall issue a license upon payment of the fee as provided for in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter for licensure as a professional engineer or professional land surveyor, and a certificate shall be issued to those who qualify as an engineer intern or a land surveyor intern. In the case of a professional engineer, the license shall authorize the practice of "professional engineering," and in the case of a professional land surveyor, the license shall authorize the practice of "professional land surveying." Licenses shall show the full name of the licensee, shall give a license number, and shall be signed by the chairman and the secretary of the board under seal of the board.

(2) The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights, privileges and responsibilities of a licensed professional engineer or of a licensed professional land surveyor, provided that said license has not expired or has not been retired, suspended, or revoked.

(3) Except for engineering faculty holding a restricted license pursuant to section 54-1214(5), Idaho Code, each licensee hereunder shall, upon licensure, obtain a seal, the use and design of which are described in this section. It shall be unlawful for any person to affix or to permit his seal and signature to be affixed to any documents after the license of the licensee named thereon has expired or has been retired, suspended, or revoked, unless said license shall have been renewed, reinstated, or reissued, or for the purpose of aiding or abetting any other person to evade or attempt to evade any portion of this chapter.

(a) The seal may be a rubber stamp, crimp or electronically generated image. Whenever the seal is applied, the licensee's signature and date shall be included adjacent to or across the seal.

(b) The seal, signature and date shall be placed on all final specifications, land surveys, reports, plats, drawings, plans, design information and calculations whenever presented to a client or any public or governmental agency. Any such document presented to a client or public or governmental agency that is not final and does not contain a seal, signature and date shall be clearly marked as "draft," "not for construction" or with similar words to distinguish the document from a final document. In the event the final work product is preliminary in nature or contains the word "preliminary," such as a "preliminary engineering report," the final work product shall be sealed, signed and dated as a final document if the document is intended to be relied upon to make policy decisions important to the life, health, property, or fiscal interest of the public.

(c) The seal and signature of the licensee and date shall be placed on all original documents in such a manner that such seal, signature and date are reproduced when the original document is copied. The application of the licensee's seal and signature and the date shall constitute certification that the work thereon was done by him or under his responsible charge. Each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees responsible for each sheet. In the case of a business entity, each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees involved. Copies of electronically produced documents, listed in paragraph (b) of this subsection, distributed for informational uses such as for bidding purposes or working copies, may be issued with the licensee's seal and a notice that the original document is on file with the licensee's signature and the date. The words "Original Signed By:" and "Date Original Signed:" shall be placed adjacent to or across the seal on the electronic original. The storage location of the original document shall also be provided. Only the title page of reports, specifications and like documents need bear the seal and signature of the licensee and the date.

(d) The seal and signature shall be used by licensees only when the work being stamped was under the licensee's responsible charge.

(e) The design of the seal shall be as determined by the board.

(4) The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this chapter a certificate as an engineer intern or land surveyor intern. The engineer intern or land surveyor intern certificate does not authorize the certificate holder to practice as a professional engineer or a professional land surveyor.

History:

[54-1215, added 1939, ch. 231, sec. 15, p. 516; am. 1957, ch. 234, sec. 10, p. 547; am. 1961, ch. 258, sec. 6, p. 422; am. 1978, ch. 170, sec. 11, p. 371; am. 1986, ch. 140, sec. 14, p. 375; am. 1996, ch. 357, sec. 12, p. 1185; am. 1997, ch. 49, sec. 1, p. 83; am. 2000, ch. 289, sec. 10, p. 991; am. 2001, ch. 247, sec. 5, p. 889; am. 2002, ch. 6, sec. 2, p. 6; am. 2007, ch. 219, sec. 3, p. 657; am. 2008, ch. 378, sec. 13, p. 1037; am. 2020, ch. 127, sec. 2, p. 399; am. 2022, ch. 43, sec. 5, p. 118.]
Idaho Code § 54-3505 — Idaho Code / Title 54 / Chapter 35 / Section 54-3505
54-3505 FEES.
Status: in_force

54-3505. FEES. In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.

History:

[54-3505, added 2024, ch. 61, sec. 5, p. 292.]
Idaho Code § 54-2011 — Idaho Code / Title 54 / Chapter 20 / Section 54-2011
54-2011 TYPES OF LICENSES.
Status: in_force

54-2011. Types of licenses. (1) The commission may issue a primary Idaho real estate license to any individual, sole proprietorship or legal business entity in accordance with the requirements of this chapter. An individual may be licensed as a real estate salesperson, an associate broker or a designated broker acting for a sole proprietorship or legal business entity.

(2) The commission may issue a nontransferable cooperative license to any out-of-state broker. The cooperative license shall authorize the out-of-state broker to work in cooperation with an actively licensed Idaho real estate designated broker for the purpose of one (1) Idaho commercial real estate transaction.

History:

[54-2011, added 2000, ch. 285, sec. 3, p. 915; am. 2010, ch. 213, sec. 1, p. 462; am. 2017, ch. 232, sec. 2, p. 568.]
Idaho Code § 54-2404 — Idaho Code / Title 54 / Chapter 24 / Section 54-2404
54-2404 STATE BOARD ESTABLISHED — MANNER OF APPOINTMENT — QUALIFICATIONS — TERMS OF OFFICE — REMOVAL FROM OFFICE.
Status: in_force

54-2404. State board established — Manner of appointment — Qualifications — Terms of office — Removal from office. (1) In order to safeguard the environment and protect the public health and establish the minimum competency requirements of persons whose duties are identified in this chapter, there is hereby established in the division of occupational and professional licenses a board of drinking water and wastewater professionals for drinking water and wastewater operators and backflow assembly testers, hereinafter called the board.

(2) The board shall consist of seven (7) members, two (2) of whom shall be drinking water system operators, two (2) of whom shall be wastewater system operators, and one (1) who shall be a backflow assembly tester, all of whom shall be citizens of the United States, residents of the state of Idaho and licensed under the provisions of this chapter, and one (1) who shall be lawfully entitled to reside in the United States and be a resident of the state of Idaho and a member of the public with an interest in the rights of consumers of water and wastewater services, and one (1) who shall be the director of the Idaho department of environmental quality or the director's designated agent.

(3) The governor shall appoint each member to the board for a term of three (3) years. Each member shall serve at the pleasure of the governor and shall serve until a successor is appointed. No member shall be appointed for more than two (2) successive terms or a total of two (2) terms during the life of the board or member.

History:

[54-2404, added 2004, ch. 335, sec. 1, p. 998; am. 2016, ch. 340, sec. 29, p. 950; am. 2021, ch. 222, sec. 22, p. 637.]
Idaho Code § 54-214 — Idaho Code / Title 54 / Chapter 2 / Section 54-214
54-214 FIRM REGISTRATION — PEER REVIEW.
Status: in_force

54-214. Firm registration — Peer review. (1) The board shall register firms that make application and demonstrate their qualifications therefor in accordance with the following subsections of this section or to firms originally licensed in another state that establish an office in this state. A firm must be registered with the board in order to provide attest services or compilation reports or in order to use the titles "CPAs," "CPA firm," "LPAs" or "LPA firm." Firms must register with the board annually on such form and between such dates as the board may specify by rule. The board may charge a fee for each registration for initial issuance or renewal of a registration under this section as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board.

(2) An applicant for initial registration or renewal of a registration to practice under this section shall demonstrate that:

(a) Notwithstanding any other provision of law, a simple majority of the beneficial ownership of the firm belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid certificate and license issued by this state. Although a firm may include nonlicensee owners the firm and its ownership must comply with rules promulgated by the board.

(b) Any firm may include nonlicensee owners provided that:

(i) The firm designates a licensee of this state, who is responsible for the proper registration of the firm and identifies that individual to the board.

(ii) All nonlicensees are active individual participants in the firm or affiliated entities.

(iii) The firm complies with such other requirements as the board may impose by rule.

(c) Any licensee who is responsible for supervising attest services or compilation reports or who signs or authorizes someone to sign a report on financial statements on behalf of the firm, shall meet the competency requirements of the professional standards for such services.

(3) Firms registered to practice under this section shall be required to register each office of the firm within this state with the board and to show that all attest and compilation reports rendered in this state are under the charge of a person holding a valid certificate and license issued by this state or some other state.

(4) A firm registering under this section shall list all states in which it has applied for or holds permits as a firm and list any past denial, revocation or suspension of a permit by any other state. Each firm registered under this section shall notify the board in writing, within thirty (30) days following any change in the identities of partners, officers, shareholders or members whose principal place of business is in this state, any change in the number or location of offices within this state, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation or suspension of a permit by any other state.

(5) Firms which fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after registration, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board may result in penalties as prescribed by board rule.

(6) As a condition of registration renewal under this section, the board, by rule, shall require firms to comply with peer review requirements as specified by rule. Such review shall include a verification that individuals in the firm who are responsible for supervising attest and compilation reports and who sign or authorize someone to sign a report on financial statements on the behalf of the firm meet the competency requirements set out in the professional standards for such services. The rules concerning peer review shall require:

(a) Peer reviews to be subject to oversight by an oversight body established by board rule which will periodically report to the board on the effectiveness of the review program under its charge, and provide to the board a listing of firms that have participated in a peer review program that is satisfactory to the board; and

(b) The confidentiality of client records involved in the peer review process shall be preserved in accordance with the accountancy rules.

History:

[54-214, added 1993, ch. 239, sec. 17, p. 837; am. 2002, ch. 92, sec. 13, p. 247; am. 2003, ch. 14, sec. 4, p. 38; am. 2008, ch. 128, sec. 9, p. 359.]
Idaho Code § 54-4710 — Idaho Code / Title 54 / Chapter 47 / Section 54-4710
54-4710 EXPIRATION AND RENEWAL — REINSTATEMENT.
Status: in_force

54-4710. Expiration and renewal — Reinstatement. (1) All licenses and certifications issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount that is sufficient to defray all costs necessary for the administration of this chapter:

(a) Initial license;

(b) Renewal of license fee;

(c) Initial fee for certification;

(d) Initial acupuncture trainee permit;

(e) Renewal acupuncture technician certificate or acupuncture trainee permit;

(f) Inactive license and certification fees;

(g) Late renewal fees.

History:

[54-4710, added 1999, ch. 379, sec. 1, p. 1043; am. 2003, ch. 21, sec. 21, p. 91; am. 2011, ch. 75, sec. 6, p. 159; am. 2024, ch. 86, sec. 42, p. 415.]
Idaho Code § 54-915 — Idaho Code / Title 54 / Chapter 9 / Section 54-915
54-915 QUALIFICATIONS REQUIRED FOR DENTIST, DENTAL THERAPIST, OR DENTAL HYGIENIST LICENSURE.
Status: in_force

54-915. Qualifications required for dentist, dental therapist, or dental hygienist licensure. No person hereafter shall be eligible for licensure to practice dentistry, dental therapy, or dental hygiene in this state unless the applicant:

(1) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, unless the person demonstrates that he has been sufficiently rehabilitated to warrant the public trust;

(2) Shall, for dentistry, have successfully completed the course of study in dentistry, and graduated and received a degree of doctor of dental surgery or doctor of dental medicine from a dental school accepted and approved by the board;

(3) Shall, for dental therapy, have:

(a) Successfully completed a course of study in dental therapy;

(b) Graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association, provided that such school has been accepted and approved by the board; and

(c) Completed five hundred (500) hours of supervised clinical practice under the direct supervision of a dentist;

(4) Shall, for dental hygiene, have successfully completed the course of study in dental hygiene, and received a degree from a dental hygiene school accepted and approved by the board;

(5) Shall, for dentistry, dental therapy, and dental hygiene, pass the examinations provided for in section 54-918, Idaho Code.

History:

[54-915, added 1949, ch. 102, sec. 15, p. 177; am. 1963, ch. 56, sec. 1, p. 220; am. 1967, ch. 312, sec. 12, p. 886; am. 1991, ch. 15, sec. 1, p. 32; am. 1991, ch. 147, sec. 7, p. 352; am. 1994, ch. 58, sec. 15, p. 108; am. 2003, ch. 160, sec. 2, p. 453; am. 2014, ch. 121, sec. 3, p. 345; am. 2019, ch. 221, sec. 7, p. 673; am. 2020, ch. 175, sec. 16, p. 520; am. 2022, ch. 246, sec. 9, p. 794.]
Idaho Code § 54-1808A — Idaho Code / Title 54 / Chapter 18 / Section 54-1808A
54-1808A PRECEPTORS — CONTINUING EDUCATION.
Status: in_force

54-1808A. preceptors — continuing education. (1) In order to promote preceptorship experiences, a primary care health professional applying to renew a professional license as a physician or physician assistant shall track and report any hours spent acting as a preceptor to a graduate student in a qualified rural area during the prior two (2) years. A preceptor devoting three hundred sixty (360) hours or more during the prior two (2) years in a qualified rural area shall receive credit for such service in the form of continuing medical education credits or be accorded such other affirmative acknowledgment as the board of medicine shall determine is appropriate in considering the renewal of the preceptor's license.

(2) For the purpose of this section, the following definitions apply:

(a) "Graduate student" means an individual matriculating at the graduate level at any accredited Idaho institution of higher education seeking a degree in any of the areas of doctor of osteopathy or physician assistant.

(b) "Preceptor" means a physician or physician assistant licensed pursuant to the provisions of this chapter.

(c) "Preceptorship" means an uncompensated mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision for a total of no less than one hundred eighty (180) hours per calendar year that is offered to eligible graduate students to enable the students to obtain professional degrees in primary care fields.

(d) "Primary care" shall have the meaning as provided in section 39-5903, Idaho Code.

(e) "Qualified rural area" means a primary care health professional shortage area or a medically underserved area, as those terms are defined in section 39-5903, Idaho Code.

History:

[54-1808A, added 2025, ch. 195, sec. 2, p. 896.]
Idaho Code § 54-4315 — Idaho Code / Title 54 / Chapter 43 / Section 54-4315
54-4315 SEVERABILITY.
Status: in_force

54-4315. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter 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 chapter.

History:

[54-4315, added 2021, ch. 21, sec. 2, p. 60.]
Idaho Code § 54-3412 — Idaho Code / Title 54 / Chapter 34 / Section 54-3412
54-3412 DISPOSITION OF RECEIPTS — EXPENSES.
Status: in_force

54-3412. Disposition of receipts — Expenses. All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.

The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.

History:

[54-3412, added 1982, ch. 183, sec. 1, p. 484; am. 2012, ch. 68, sec. 13, p. 199; am. 2021, ch. 224, sec. 63, p. 683.]
Idaho Code § 54-610 — Idaho Code / Title 54 / Chapter 6 / Section 54-610
54-610 PRACTICE WITHOUT A LICENSE A FELONY.
Status: in_force

54-610. PRACTICE WITHOUT A LICENSE A felony. Any person who practices or attempts to practice podiatry, who publicly advertises as a podiatrist, who uses the title chiropodist, podiatrist, or any other word, title, or abbreviation calculated to induce belief that he is engaged in the practice of podiatry, or who holds himself out to the public as diagnosing the ailments of or treating in any manner the human foot by medical, physical, or surgical methods without a license as provided in this chapter shall be deemed guilty of a felony.

History:

[54-610, added 2026, ch. 217, sec. 2, p. 907.]
Idaho Code § 54-4106 — Idaho Code / Title 54 / Chapter 41 / Section 54-4106
54-4106 REAL ESTATE APPRAISERS — REAL ESTATE APPRAISER BOARD — POWERS AND DUTIES — COMPENSATION.
Status: in_force

54-4106. Real estate appraisers — Real estate appraiser board — Powers and duties — Compensation. (1) There is hereby created in the division of occupational and professional licenses a real estate appraiser board, hereinafter referred to as the board, which shall administer the provisions of this chapter. The board shall consist of five (5) members to be appointed by and to serve at the pleasure of the governor as follows:

(a) One (1) real estate appraiser from the northern district consisting of the counties of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner; one (1) real estate appraiser from the southeastern district consisting of the counties of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock; one (1) real estate appraiser from the southwestern district consisting of the counties of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley; one (1) real estate appraiser from the south central district consisting of the counties of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls; and one (1) public member from the state at large;

(b) The governor shall appoint the members of the board, four (4) of whom shall be real estate appraisers with not less than five (5) years' experience in the real estate appraisal business in Idaho and one (1) of whom shall be a member of the public with an interest in the rights of consumers of real estate appraisal services. Each regular appointment, other than an appointment to fill an unexpired term, shall be for a term of four (4) years and each board member shall hold office until a successor is appointed and qualified. Upon the death, resignation or removal of any member of the board, the governor shall appoint a qualified person to fill the unexpired term. Appointments to fill any vacancy other than that resulting from the expiration of a term shall be made for the unexpired term;

(c) The board shall call a meeting at least once annually to organize and to elect a chairman. Thereafter, the chairman may call meetings of the board whenever he deems it advisable, but if he refuses to call a meeting upon written demand of the other four (4) members of the board, then such members may call such meeting. Reasonable notice shall be given in writing by mail of such meeting.

(2) The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers and duties:

(a) To authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interest;

(b) To adopt, pursuant to the administrative procedure act, such rules as the board, in its discretion, deems necessary for the administration and enforcement of this chapter and any such rules deemed necessary by the board to keep the Idaho real estate appraisers act in compliance with federal law, rule, regulation or policy;

(c) To conduct investigations into violations of the provisions of this chapter;

(d) To receive applications for and issue licenses or certificates to real estate appraisers pursuant to this chapter;

(e) To hold meetings, hearings and examinations at such places and at such times as it shall designate;

(f) To collect, deposit and disburse application and other fees, as required by this chapter or federal law;

(g) To maintain a register of all state-licensed or state-certified residential and state-certified general real estate appraisers;

(h) To censure a state-licensed or state-certified appraiser or suspend or revoke appraisal licenses or certificates as provided in this chapter, subject to the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code;

(i) To adopt rules governing the registration and limitations of real estate appraiser trainees; and

(j) To require new applicants to submit to a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.

(3) Each member of the board of real estate appraisers shall be compensated as provided in section 59-509(m), Idaho Code.

History:

[54-4106, added 1990, ch. 82, sec. 1, p. 166; am. 1992, ch. 92, sec. 6, p. 285; am. 1996, ch. 66, sec. 8, p. 207; am. 1999, ch. 162, sec. 1, p. 448; am. 2001, ch. 132, sec. 1, p. 472; am. 2014, ch. 156, sec. 1, p. 438; am. 2016, ch. 340, sec. 40, p. 959; am. 2021, ch. 222, sec. 33, p. 646; am. 2024, ch. 101, sec. 16, p. 459.]
Idaho Code § 54-3402 — Idaho Code / Title 54 / Chapter 34 / Section 54-3402
54-3402 LICENSE REQUIRED — EXEMPTIONS.
Status: in_force

54-3402. License required — Exemptions. It shall be unlawful for any person to engage in any of the following acts:

(1) To practice professional counseling or marriage and family therapy for compensation without first having complied with the provisions of this chapter and without a valid license as required by this chapter.

(2) To represent himself/herself to be a licensed professional counselor or licensed clinical professional counselor or licensed marriage and family therapist or licensed associate marriage and family therapist unless he/she shall first obtain a license pursuant to this chapter.

(3) To make use of any title, words, letters or abbreviations which may reasonably be confused with a designation provided by this chapter.

(4) To materially refuse to furnish the board information or records required or requested pursuant to this chapter or pursuant to an investigation commenced pursuant to this chapter.

Nothing in this chapter shall be construed to apply to the activities and services of licensed or credentialed members of other professions, such as physicians, psychologists, registered nurses, social workers, drug and alcohol counselors, or attorneys performing duties consistent with the laws of this state, their training, and any code of ethics of their professions, provided they do not represent themselves by any title or practice description in the manner prescribed in section 54-3401, Idaho Code.

Nothing in this chapter shall be construed to apply to the activities, services and use of an official title on the part of a person certified by the state to render counseling or marriage and family therapy or counseling-related services, provided such persons are performing these activities within the scope of their employment, including school and vocational counselors.

Nothing in this chapter shall be construed to apply to the activities and services of a student or trainee pursuing a course of study in counseling or in marriage and family therapy in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study, or of an intern in counseling acting under the direct supervision of a licensed professional counselor as established and limited by rules of the board, or of an intern in marriage and family therapy acting under the direct supervision as established and limited by rules of the board provided, that such person be designated, for example, a "counselor intern" or "marriage and family therapy intern."

Nothing in this chapter shall be construed to apply to the activities and services of a person obtaining their postgraduate marriage and family therapy clinical experience, provided these activities are provided under supervision, and provided they have registered according to procedures to be established by the board.

Nothing in this chapter shall be construed to apply to a nonresident whose counseling or marriage and family therapy activities and services are rendered not more than ten (10) days during any calendar year, provided that such a person is duly authorized to perform such activities and services under the laws of the state or country of that person's residence.

Nothing in this chapter shall be construed to apply to the activities and services of any religious denomination or sect or faith-based counseling of any kind.

Nothing in this chapter shall be construed to apply to the activities and descriptions of persons offering volunteer or professional services for public and private nonprofit organizations or agencies for which the services are rendered.

Nothing in this chapter shall be construed to apply to a person authorized to practice counseling or marriage and family therapy in another state or country rendering care in a time of disaster.

History:

[54-3402, added 1982, ch. 183, sec. 1, p. 480; am. 1998, ch. 413, sec. 3, p. 1303; am. 2001, ch. 71, sec. 3, p. 144; am. 2001, ch. 83, sec. 1, p. 206; am. 2008, ch. 87, sec. 2, p. 238; am. 2012, ch. 68, sec. 3, p. 193.]
Idaho Code § 54-1726 — Idaho Code / Title 54 / Chapter 17 / Section 54-1726
54-1726 GROUNDS FOR DISCIPLINE.
Status: in_force

54-1726. Grounds for discipline. (1) The board of pharmacy may penalize as set forth in section 54-1728, Idaho Code, a certificate of any person, pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, upon one (1) or more of the following grounds:

(a) Unprofessional conduct, including but not limited to:

(i) Unethical conduct, including fraud, misrepresentation, negligence, concealment, using false information, or breaching the public trust;

(ii) A lack of fitness for professional practice due to incompetency, personal habits, drug or alcohol dependence, on-duty intoxication or impairment, or any other cause that endangers the public;

(iii) Diversion of drug products and devices, unlawful possession or use of drugs, excessive provision of controlled substances, or violating provisions of the federal or state controlled substances laws;

(iv) Failing to follow the instructions of the person ordering a prescription, except as provided in this chapter;

(v) Providing substandard, misbranded, or adulterated drugs or drugs made using secret formulas;

(vi) Acts or omissions within the practice of pharmacy that fail to meet the standard of care provided by other licensees or registrants in the same or similar setting;

(vii) Directly promoting or inducing health care services or products that are unnecessary or not medically indicated; or

(viii) Failure to follow an order of the board, comply with an inspection or investigation, or promptly remediate inspection deficiencies;

(b) Incapacity of a nature that prevents a person from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public;

(c) Being found guilty, convicted or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:

(i) Any crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(ii) Any act related to the qualifications, functions or duties of a licensee or registrant; or

(iii) Violations of the pharmacy or drug laws of this state or the federal government;

(d) Fraud or intentional misrepresentation by a licensee or registrant in securing the issuance or renewal of a certificate;

(e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a certificate or falsely using the title of pharmacist; and

(f) Being found by the board to be in violation of any of the provisions of this chapter or chapter 27, title 37, Idaho Code.

(2) Nonresident licensees and registrants shall be held accountable to the board for violations by its agents and employees and subject to the same grounds for discipline and penalties for their actions as set forth herein.

History:

[54-1726, added 1979, ch. 131, sec. 3, p. 417; am. 1985, ch. 152, sec. 3, p. 409; am. 1988, ch. 12, sec. 1, p. 15; am. 1993, ch. 216, sec. 70, p. 650; am. 2013, ch. 28, sec. 9, p. 61; am. 2020, ch. 175, sec. 22, p. 525; am. 2021, ch. 54, sec. 15, p. 171; am. 2025, ch. 93, sec. 20, p. 424.]
Idaho Code § 54-1731 — Idaho Code / Title 54 / Chapter 17 / Section 54-1731
54-1731 DRUG OUTLET AND LICENSEE REPORTING REQUIREMENTS.
Status: in_force

54-1731. DRUG OUTLET AND LICENSEE REPORTING REQUIREMENTS. (1) All drug outlets shall report to the board of pharmacy:

(a) At least ten (10) days prior, the occurrence of a change of location or permanent closing, including notice of the proposed new location of prescription files and the location where the closing inventory record of controlled substances will be retained;

(b) As soon as possible, the occurrence of any disaster, accident, or emergency that affects safe and continued operation;

(c) On the same day as such report is made to the DEA, any theft or loss of controlled substances; and

(d) Within thirty (30) days, a change of the operating legal entity's majority ownership.

(2) Authorized distributors shall report specified data on controlled substances each month in a form and manner prescribed by the board.

(3) All licensees shall report changes in information provided on or with renewal application forms within thirty (30) days of such changes.

(4) All licensees shall report the following within thirty (30) days after the final action:

(a) All felony and other criminal convictions involving any legend drug;

(b) Any disciplinary action from any other licensing authority; and

(c) The surrender of a license in lieu of discipline from any other licensing authority.

History:

[54-1731, added 2025, ch. 93, sec. 27, p. 429.]
Idaho Code § 54-5005 — Idaho Code / Title 54 / Chapter 50 / Section 54-5005
54-5005 POWERS AND DUTIES OF THE BOARD — LIMITATION.
Status: in_force

54-5005. Powers and duties of the board — Limitation. The board shall have the general administration and supervision of the design, construction, installation, improvement, extension and alteration of heating, ventilation and air conditioning systems, except that which has been heretofore and hereinafter exempted from the jurisdiction of this board, in connection with all buildings, residences and structures in this state, including buildings, residences and structures owned by the state or any political subdivision thereof. The division of occupational and professional licenses shall enforce the minimum standards and requirements therefor as provided by this chapter. The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter, and it may, among other things:

(1) Establish the fees to be charged for reviewing plans, investigations, permits and inspections of heating, ventilation and air conditioning systems under the jurisdiction of the state and establish such other fees as it deems necessary.

(2) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of heating, ventilation and air conditioning and to the public upon request.

(3) Establish by administrative rule the fines to be paid for citations issued and hear appeals regarding the imposition of civil penalties for violations of this chapter and rules of the board. The board is authorized to affirm, reject, decrease or increase the penalty imposed by the administrator. However, in no case shall the penalty exceed one thousand dollars ($1,000) for each offense.

The powers and duties of the board within the jurisdictional boundaries of local governments that have chosen to adopt and enforce mechanical codes shall be limited to those powers and duties needed to enforce the requirements governing a certificate of competency. Each local government that has chosen to adopt and enforce mechanical codes shall establish fees to be charged for permits and inspections within its jurisdiction.

History:

[54-5005, added 2003, ch. 276, sec. 1, p. 736; am. 2004, ch. 308, sec. 2, p. 860; am. 2023, ch. 15, sec. 64, p. 110.]
Idaho Code § 54-3309 — Idaho Code / Title 54 / Chapter 33 / Section 54-3309
54-3309 RENEWAL OR REINSTATEMENT OF LICENSE.
Status: in_force

54-3309. Renewal or reinstatement of license. All licenses issued pursuant to the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

History:

[54-3309, added 2026, ch. 298, sec. 9, p. 1229.]
Idaho Code § 54-3605 — Idaho Code / Title 54 / Chapter 36 / Section 54-3605
54-3605 POWERS AND DUTIES OF COMMISSION.
Status: in_force

54-3605. Powers and duties of commission. The commission shall have, but is not limited to, the following powers and duties:

(1) To elect a chairman and such other officers as it deems advisable.

(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional personnel and other personnel, including experts in agriculture and the publicizing of wines and to prescribe their duties and fix their compensation.

(3) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this act.

(4) To find new markets for Idaho grape products.

(5) To give, publicize and promulgate reliable information showing the value of Idaho grape products for any purpose for which they are found useful and profitable.

(6) To investigate and participate in studies of the problems to the growers of grapes in the state of Idaho.

(7) To take such action as the commission deems necessary or advisable in order to promote Idaho grape products.

(8) To enter into such contracts as may be necessary or advisable.

(9) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.

(10) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objects.

(11) To protect brands, marks, packages, brand names or trademarks being promoted by the commission.

(12) To do any and all things that will promote Idaho grape products.

(13) To keep an accurate record of all its dealings, which shall be open to inspection by the state controller.

(14) To sue and be sued.

(15) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this act.

History:

[54-3605, added 1984, ch. 42, sec. 1, p. 69; am. 1994, ch. 180, sec. 105, p. 496; am. 2012, ch. 30, sec. 2, p. 88.]
Idaho Code § 54-418 — Idaho Code / Title 54 / Chapter 4 / Section 54-418
54-418 VIOLATION OF RULES — SHAM CONTESTS OR EXHIBITIONS — PENALTIES.
Status: in_force

54-418. Violation of rules — Sham contests or exhibitions — Penalties. Any participant who shall participate in any sham or fake contest or exhibition and any participant who violates any rule of the commission shall be penalized in the following manner. For the first offense he shall be restrained by order of the commission for a period of not less than three (3) months from participating in any contest or exhibition held under the provisions of this chapter, such suspension to take effect immediately after the occurrence of the offense, for any second offense such participant or licensee shall be forever suspended from participation in any contest or exhibition under the provisions of this chapter.

History:

[(54-418) 54-416, added 1992, ch. 229, sec. 2, p. 685; am. and redesig. 2004, ch. 385, sec. 18, p. 1159; am. 2009, ch. 93, sec. 12, p. 278.]
Idaho Code § 54-3511 — Idaho Code / Title 54 / Chapter 35 / Section 54-3511
54-3511 PENALTIES.
Status: in_force

54-3511. Penalties. (1) A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.

(2) The representation to another person that a person is licensed pursuant to this chapter, when such representation is untrue, constitutes the using of a method, act, or practice which is declared to be unlawful under the provisions of chapter 6, title 48, Idaho Code.

History:

[54-3511, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 12, p. 783.]
Idaho Code § 54-1807A — Idaho Code / Title 54 / Chapter 18 / Section 54-1807A
54-1807A PHYSICIAN ASSISTANTS — PHYSICIAN ASSISTANT ADVISORY COMMITTEE.
Status: in_force

54-1807A. physician assistants — physician assistant advisory committee. (1) Physician assistants must be licensed by the board prior to the commencement of activities that may involve the practice of medicine in this state. The licensure requirements for physician assistants shall include passage of an examination acceptable to the board and submission of a completed application to the board on forms furnished by the board. All applicants for original licensure as a physician assistant shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code. All physician assistants shall renew their licenses biennially.

(2) A physician assistant may practice at a licensed health care facility, a facility with a credentialing and privileging system, a physician-owned facility or practice, or another facility or practice allowed by this chapter. A physician assistant shall collaborate with, consult with, or refer to the appropriate member of the facility health care team as indicated by: the condition of the patient; the education, experience, and competence of the physician assistant; and the community standard of care. The degree and nature of collaboration shall be determined by the facility or practice in which the physician assistant works and shall be set forth in facility bylaws or procedures for facilities that have credentialing and privileging systems or in a written collaborative practice agreement for all other facilities and practices. Such provisions may provide for collaborative oversight to be provided by the employer, group, hospital service, or the credentialing and privileging systems of a licensed facility, but at a minimum shall require a physician assistant to collaborate with one (1) or more physicians licensed pursuant to this chapter. Such physicians need not be identified individually in the facility bylaws or procedures or collaborative practice agreement if more than one (1) physician works in the facility or practice. A physician assistant is responsible for the care provided by the physician assistant and is responsible for obtaining professional liability insurance if the physician assistant is not covered by the facility or practice in which the physician assistant works. A physician assistant may be employed by nonphysician health care providers if the physician assistant has a written collaborative practice agreement with one (1) or more physicians licensed pursuant to this chapter. Both the physician assistant and the physician who are parties to a collaborative practice agreement must comply with all requirements of this chapter and board rules. The collaborative practice agreement shall be provided to the board upon request.

(3) A physician assistant or a group of physician assistants may independently own a medical practice in this state provided that each physician assistant has a collaborative practice agreement in place with a physician licensed under this chapter. The collaborative practice agreement shall specify that the physician assistant must collaborate with, consult with, or refer to the collaborating physician or another appropriate physician as indicated by: the condition of the patient; the education, experience, and competence of the physician assistant; and the community standard of care. Both the physician assistant and the physician who are parties to the collaborative practice agreement must comply with all requirements of this chapter and board rules. The collaborative practice agreement shall be provided to the board upon request. Each physician assistant must be licensed, registered or certified as a physician assistant in any state, territory or jurisdiction of the United States for at least two (2) years before the physician assistant may independently own a practice in this state.

(4) The facility or practice and each collaborating physician are responsible for ensuring that the medical services performed by the physician assistant are within the physician assistant's scope of education, experience, and competence. Each collaborating physician shall collaborate with the physician assistant on the performance of only those medical services for which the collaborating physician has training and experience.

(5) A physician assistant advisory committee is hereby established as follows:

(a) The physician assistant advisory committee shall consist of five (5) members appointed by the board. Four (4) members shall be physician assistants who are residents in this state and engaged in the active practice of medicine in this state, and one (1) member shall be a public member. Whenever a term of a member of the advisory committee expires or becomes vacant, the board shall give consideration to recommendations made by professional organizations of physician assistants and physicians or by any individual residing in the state. The board may remove any committee member for misconduct, incompetency or neglect of duty after giving the member a written statement of the charges and an opportunity to be heard thereon. The executive director of the Idaho state board of medicine shall serve as the executive director to the physician assistant advisory committee.

(b) Members will serve a term of three (3) years and terms will be staggered. Members may serve two (2) successive terms. The committee shall elect a chairman from its membership. The committee shall meet as often as necessary to fulfill its responsibilities. Members will be compensated according to section 59-509(p), Idaho Code.

(c) The physician assistant advisory committee shall not have authority to revoke licenses or impose limitations or conditions on licenses issued pursuant to this chapter. The committee has authority to make recommendations to the board. The board shall make all final decisions with respect thereto.

(d) The physician assistant advisory committee shall work in the following areas in conjunction with and make recommendations to the board and shall perform other duties and functions assigned to it by the board, including:

(i) Evaluating the qualifications of applicants for licensure and registration;

(ii) Performing investigations of misconduct and making recommendations regarding discipline;

(iii) Maintaining a list of currently licensed physician assistants and graduate physician assistants in this state; and

(iv) Advising the board on rule changes necessary to license and regulate physician assistants and graduate physician assistants in this state.

History:

[54-1807A, added 2010, ch. 89, sec. 3, p. 172; am. 2013, ch. 47, sec. 1, p. 101; am. 2019, ch. 26, sec. 9, p. 62; am. 2021, ch. 60, sec. 1, p. 191; am. 2024, ch. 86, sec. 14, p. 398; am. 2024, ch. 101, sec. 4, p. 449.]
Idaho Code § 54-2039 — Idaho Code / Title 54 / Chapter 20 / Section 54-2039
54-2039 BROKER AND BRANCH MANAGER.
Status: in_force

54-2039. Broker and branch manager. (1) Each real estate brokerage company must have a legally qualified individual acting as designated broker at all times. Each branch office licensed under section 54-2016(4), Idaho Code, shall have, at all times, a legally qualified individual acting as branch manager.

(2) Change of broker in business entity. A license issued to a legal business entity, as defined in this chapter, is effective only as long as the individual designated broker's license is in active status and in effect. If the individual so designated has a license refused, revoked, suspended or otherwise made inactive by the commission, or if the individual designated broker voluntarily surrenders the individual license or ceases to be connected with the entity in the manner required in this chapter, the business entity shall have ten (10) business days in which to designate another qualified individual as designated broker before the entity's license is terminated, and the licenses of all associated licensees are made inactive.

(3) Effective date of changes. No change in designated broker shall be effective until written notice is received and approved by the commission, in the form required.

(4) Failure to comply — Original broker to remain responsible except in the case of revocation. Where a licensed brokerage company fails to comply with this section and its office is closed, or during any period where the designated broker has left the brokerage company and no new broker has been designated to act for the company, the original designated broker shall remain responsible for trust account funds, pending transactions and records in the manner described in sections 54-2041 through 54-2049, Idaho Code. However, if the license of the original designated broker of the brokerage company is revoked, the license of that brokerage company shall be made inactive and its office closed until the company designates another qualified individual to act as broker.

History:

[54-2039, added 2000, ch. 285, sec. 3, p. 931; am. 2001, ch. 123, sec. 14, p. 433; am. 2015, ch. 51, sec. 9, p. 121; am. 2020, ch. 106, sec. 2, p. 287.]
Idaho Code § 54-302 — Idaho Code / Title 54 / Chapter 3 / Section 54-302
54-302 LEGISLATIVE INTENT.
Status: in_force

54-302. LEGISLATIVE INTENT. The practice of architecture in the state of Idaho is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest to protect the public from the unprofessional, improper, unauthorized and unqualified practice of architecture and from unprofessional conduct by persons licensed to practice architecture. This act should be liberally construed to carry out these objectives and purposes.

History:

[54-302, added 2018, ch. 129, sec. 2, p. 270.]
Idaho Code § 54-308 — Idaho Code / Title 54 / Chapter 3 / Section 54-308
54-308 BOARD — POWERS.
Status: in_force

54-308. board — powers. The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers:

(1) To adopt, pursuant to the administrative procedure act, such rules as are necessary for the administration and enforcement of this chapter, including a code of ethics and standards of practice;

(2) To maintain records necessary to carry out its duties under this chapter;

(3) To adopt rules setting the qualifications and fitness of applicants for licensure under this chapter;

(4) To approve continuing education courses and prescribe by rule the minimum number of continuing education hours required of each licensee seeking to obtain or renew an architect's license in the state of Idaho;

(5) To establish a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review; and

(6) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of architecture.

History:

[54-308, added 2018, ch. 129, sec. 2, p. 273; am. 2021, ch. 224, sec. 33, p. 671; am. 2022, ch. 94, sec. 7, p. 286; am. 2026, ch. 221, sec. 2, p. 929.]
Idaho Code § 54-2104 — Idaho Code / Title 54 / Chapter 21 / Section 54-2104
54-2104 LICENSE A PREREQUISITE TO PRACTICE — EXCEPTIONS.
Status: in_force

54-2104. License a prerequisite to practice — Exceptions. (1) No person may practice veterinary medicine in the state who is not an actively licensed veterinarian or the holder of a valid temporary permit issued by the board.

(2) This chapter shall not be construed to prohibit:

(a) A veterinarian employed by the federal, state or local government from performing official duties specifically required under any lawful act or statute, except that this exemption shall not apply to such persons not actively engaged in performing or fulfilling their official duties and responsibilities.

(b) A person who is a regular student currently enrolled and in good standing in an accredited or approved school of veterinary medicine, veterinary science department or an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education from performing duties or actions assigned by the student's instructors or from working under the direct supervision of an actively licensed veterinarian during a school vacation period. The unsupervised or unauthorized practice of veterinary medicine by a student, even though on the premises of an accredited or approved school of veterinary medicine, veterinary science department, an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education or at a veterinary medical facility, is prohibited.

(c) A person who is a regular student currently enrolled and in good standing in a nonaccredited or nonapproved educational institution and who holds a valid certificate of registration issued by the Idaho state board of education from performing duties or actions assigned by the student's instructors. This exemption does not include surgery or the administration of controlled substances or legend/prescription drugs, unless specifically allowed by state or federal law, rule or regulation. The unsupervised or unauthorized personal practice of veterinary medicine by a student on the premises of a nonaccredited or nonapproved educational institution is prohibited.

(d) Idaho extension personnel from performing their official duties.

(e) A veterinarian holding a current, active license in good standing in another state from consulting with a licensed veterinarian in this state.

(f) Any merchant or manufacturer from selling nonprescription and noncontrolled medicines, biologics, feed, medicated feed, appliances or other products for the prevention or treatment of animal and poultry diseases. Such merchants or manufacturers shall not, either directly or indirectly, attempt to diagnose a symptom or disease in order to advise treatment, the use of drugs, medicines, appliances or products.

(g) A farmer, rancher or feedlot operator, including custom ranch or feedlot operators, and their regular employees from caring for and treating animals within their possession or control when such animals have been consigned by their legal owner and except where the ownership or possession of the animal was transferred or the employment changed to circumvent this chapter.

(h) The owner of an animal or the owner's regular employees from caring for and treating the animals belonging to such owner, or livestock owners or regular employees from pregnancy testing their own or employer's cattle or the exchange of services for which no monetary compensation is paid between owners or their regular employees, except where the ownership or possession of the animal was transferred or the employment changed to circumvent this chapter, and provided that only an actively licensed veterinarian may immunize or treat an animal for diseases that require the use of a vaccine restricted by state or federal law, rules or regulations, or as otherwise provided by board rule. Notwithstanding the provisions of this paragraph, a veterinarian/client/patient relationship, as defined by the rules of the board, must exist when controlled substances or legend/prescription drugs are administered, distributed, dispensed or prescribed.

(i) A member of a faculty of an accredited or approved school of veterinary medicine, a veterinary science department, or an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education from performing the faculty member's regular functions. The unsupervised or unauthorized personal practice of veterinary medicine, by a faculty member on the premises of any such institutions, is prohibited.

(j) Any person from selling or applying any pesticide, insecticide, or herbicide.

(k) A person from lecturing or giving instructions or demonstrations at an accredited or approved school of veterinary medicine, veterinary science department or an educational institution accredited or approved by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education or in connection with an approved continuing education course or seminar.

(l) A member of a faculty of a nonaccredited or nonapproved educational institution who holds a valid certificate of registration issued by the Idaho state board of education from performing the faculty member's regular functions. This exemption does not include surgery or the administration of controlled substances or legend/prescription drugs, unless specifically allowed by state or federal law, rule or regulation. The unsupervised or unauthorized personal practice of veterinary medicine by a faculty member on the premises of a nonaccredited or nonapproved educational institution is prohibited.

(m) Individuals employed as instructors or researchers by, or enrolled as students in, any bona fide medical research institution from conducting experiments and scientific research on animals:

(i) In the development of pharmaceuticals, biologicals, or serums for treating human or animal ailments; or

(ii) In the development of methods of treatment or techniques for the diagnosis or treatment of human or animal ailments; or

(iii) When engaged in the study and development of methods and techniques directly or indirectly applicable to the practice of veterinary medicine, as long as such research is conducted in compliance with applicable state and federal laws, rules and regulations.

(n) Any person from performing artificial insemination of domestic animals as governed by chapter 8, title 25, Idaho Code.

(o) Any person from horseshoeing or hoof-trimming bovine, equine and farm animals.

(p) An allied health professional actively licensed and in good standing in any state from participating in a medical procedure involving an animal, provided that such participation is in the health professional's licensed field of medicine and under the indirect supervision of an actively licensed veterinarian.

(q) Any person from the gratuitous treatment of animals in an emergency as a neighborly act.

(r) Any state or federal livestock inspector from performing the official duties specifically required under any lawful act or statute, provided that this exemption shall not apply to such persons not actively engaged in performing or fulfilling their official duties and responsibilities.

(s) A certified euthanasia agency from operating as a CEA as defined by law and rules.

(t) A certified euthanasia technician from performing those duties as defined by law and rules.

(u) Any person from utilizing cotton swabs, gauze, dental floss, dentifrice or toothbrushes to clean an animal's teeth.

(v) A certified veterinary technician from practicing veterinary technology under appropriate supervision, as defined by the rules of the board.

(w) An assistant or veterinary technician from performing acts pertaining to the practice of veterinary medicine under appropriate supervision, as defined by the rules of the board.

(x) The personal representative, executor or sole surviving heir of a licensed veterinarian from continuing to operate the veterinary medical practice of the deceased for a period of not more than three (3) years following death. This exception applies only where during such three (3) year period:

(i) Good faith efforts are being made to sell the veterinary medical practice; and

(ii) All the decisions pertaining to the diagnosis, care and treatment of the patients are made by an actively licensed veterinarian.

(y) A veterinarian with an active license in good standing from another state from practicing veterinary medicine on animals in the collection of a publicly owned zoo that is either licensed by the United States department of agriculture (USDA) as an exhibitor or is accredited by the association of zoos and aquariums (AZA), but only when the Idaho licensed veterinarian who regularly attends to these animals is unavailable or unqualified to render the services required. This exemption from licensure applies only after the out-of-state veterinarian notifies the board in writing: (1) of the location of practice in Idaho; and (2) the expected duration of the practice. After the out-of-state veterinarian completes the services under this section, the veterinarian must so notify the board in writing of that fact. Unless expressly extended by the board in its sound discretion, an exemption under this section is limited to a period of one (1) year from the initial notification date.

(3) Nothing in this section shall be construed as limiting the board's authority to provide other exemptions or exceptions to the requirements for licensing, under its rulemaking authority, as the board may find necessary or appropriate.

History:

[54-2104, added 1971, ch. 173, sec. 4, p. 812; am. 1983, ch. 139, sec. 4, p. 338; am. 1990, ch. 111, sec. 3, p. 225; am. 1993, ch. 72, sec. 2, p. 190; am. 1995, ch. 62, sec. 2, p. 148; am. 2000, ch. 122, sec. 2, p. 275; am. 2001, ch. 149, sec. 2, p. 531; am. 2008, ch. 135, sec. 1, p. 378; am. 2010, ch. 105, sec. 2, p. 212; am. 2011, ch. 80, sec. 1, p. 169; am. 2021, ch. 40, sec. 2, p. 97.]
Idaho Code § 54-2605 — Idaho Code / Title 54 / Chapter 26 / Section 54-2605
54-2605 IDAHO PLUMBING BOARD.
Status: in_force

54-2605. Idaho plumbing board. (1) The Idaho plumbing board, referred to as the board, is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this act; and the board shall make, promulgate and publish such rules as may be necessary for carrying out the provisions of this act in order to effectuate the purposes thereof and for the orderly and efficient administration thereof, and except as may be limited or prohibited by law and the provisions of this act, such rules so made and promulgated shall have the force of statute.

(2) The board shall consist of five (5) members. The members shall be appointed at large by the governor and shall serve at the pleasure of the governor. Members shall be appointed for a term of three (3) years. Whenever a vacancy occurs, the governor shall forthwith appoint a qualified person to fill the vacancy for the unexpired portion of the term.

(3) All members of the board shall be United States citizens, residents of this state for not less than two (2) years, and qualified by knowledge, integrity and experience to properly execute the functions of the board. Two (2) members shall be members of the public at large with an interest in the rights of consumers of plumbing services; one (1) member shall be an active plumbing contractor with not less than five (5) years' experience in the plumbing contracting business; one (1) member shall be an active plumbing contractor with not less than five (5) years in the plumbing contracting business with an additional background of experience in gas piping installations in buildings; and one (1) member shall be a journeyman plumber. All members of the board shall take, subscribe and file with the secretary of state an oath of office in the form, manner and time prescribed by chapter 4, title 59, Idaho Code.

(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties. At the board's first meeting, the members shall elect one (1) of their number to be chairman. A majority of the board shall constitute a quorum for the transaction of business and not less than two (2) quorum meetings shall be held each year. The board may delegate to any member, or its chairman or other employees, the power to make investigations and hold hearings at any place it may deem proper, and to report findings to it; and may delegate to its chairman and employees the performance of ministerial functions.

(5) Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.

History:

[(54-2605) 39-2705, added 1957, ch. 214, sec. 5, p. 454; am. 1974, ch. 39, sec. 26, p. 1023; am. and redesig. 1984, ch. 123, sec. 5, p. 284; am. 1986, ch. 306, sec. 1, p. 757; am. 1996, ch. 421, sec. 52, p. 1437; am. 2001, ch. 151, sec. 4, p. 549; am. 2016, ch. 340, sec. 30, p. 951; am. 2017, ch. 123, sec. 1, p. 292; am. 2021, ch. 222, sec. 23, p. 637.]
Idaho Code § 54-4005 — Idaho Code / Title 54 / Chapter 40 / Section 54-4005
54-4005 LICENSE REQUIRED.
Status: in_force

54-4005. license required. (1) A person shall not practice massage therapy for compensation or hold himself or herself out to others as a massage therapist without first receiving from the board a license to engage in that practice.

(2) A person holds himself or herself out to others as a massage therapist when the person adopts or uses any title or description including "massage therapist," "massagist," "massotherapist," "myotherapist," "body therapist," "massage technician," "massage practitioner" or any derivation of those terms that implies this practice.

(3) It shall be unlawful for any person who is not a licensed massage therapist under this chapter to advertise using the term "massage therapist." Any person who holds a license to practice as a massage therapist in this state may use the title "licensed massage therapist." No other person shall assume this title or use an abbreviation or any other words, letters, signs or figures to indicate that the person using the title is a licensed massage therapist.

History:

[54-4005, added 2012, ch. 261, sec. 1, p. 725.]
Idaho Code § 54-2058 — Idaho Code / Title 54 / Chapter 20 / Section 54-2058
54-2058 AUTHORITY TO INVESTIGATE AND DISCIPLINE.
Status: in_force

54-2058. Authority to investigate and discipline. (1) General authority to investigate. The commission may investigate the action of any person engaged in the business or acting in the capacity of real estate broker or salesperson in this state, or any person believed to have acted as a real estate broker or salesperson without a license in violation of section 54-2002, Idaho Code. Upon receipt of a written complaint from anyone who claims to have been injured or defrauded as a result of such action, or upon information received by the executive director, the executive director shall perform an investigation of the facts alleged against such real estate broker or salesperson or such unlicensed person. Prior to the initiation of any proceedings for the revocation or suspension of a license, or for such other disciplinary actions as set forth in section 54-2059, Idaho Code, the executive director shall transmit to the commission a report, in writing, signed by the executive director, setting forth the facts alleged against such real estate broker or salesperson or unlicensed person. Upon receiving such report, the commission shall make an examination of all the facts and circumstances connected with such report. If the facts set forth in the report are deemed insufficient by the commission, no further action shall be taken, unless the executive director resubmits the report with additional facts supporting the filing of an administrative complaint. Should the commission deem that the facts set forth in the report are sufficient to proceed with a formal action, the commission shall authorize the filing of an administrative complaint against such person.

(2) Audits. The commission or its duly authorized representative is vested with the authority to conduct periodic inspections, surveys and audits of the transaction records and real estate trust accounts of all Idaho licensed designated brokers. Any transaction records or real estate trust account records located outside the state of Idaho shall promptly be made available to the commission upon request at the licensee's own cost and at the location or in the manner requested by the commission. If the analysis of a broker's real estate trust account indicates a deficiency or any irregularity which cannot be resolved between the commission and the broker, the commission may order a complete audit of the trust account by a certified public accountant at the broker's expense.

(3) The commission also has the authority to investigate the action of any Idaho licensee as provided in this section. The licensee or broker shall answer all reasonable investigative questions of the commission, and must make available, promptly upon request, any and all records to the commission at the licensee's own cost and at the location or in the manner requested by the commission.

History:

[54-2058, added 2000, ch. 285, sec. 3, p. 945; am. 2001, ch. 123, sec. 22, p. 440; am. 2002, ch. 116, sec. 1, p. 330; am. 2011, ch. 108, sec. 3, p. 279.]
Idaho Code § 54-2061 — Idaho Code / Title 54 / Chapter 20 / Section 54-2061
54-2061 ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION — COURT ACTIONS — LICENSEE TO REPORT TO COMMISSION.
Status: in_force

54-2061. Additional grounds for disciplinary action — Court actions — Licensee to report to commission. (1) The commission may also take disciplinary action against a licensee including, but not limited to, suspension or revocation of a license, where, in a court of competent jurisdiction, the licensee:

(a) Has been convicted of a felony, or has been convicted of a misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing or which otherwise demonstrates the licensee's lack of trustworthiness to engage in the real estate business;

(b) Has been declared to lack capacity or to be incompetent or under an infirmity, for the duration of such declaration only;

(c) Has a judgment entered against the licensee in a civil action upon grounds of fraud, misrepresentation, deceit or gross negligence with reference to a real estate-related transaction.

(2) The court's record of conviction, order determining legal competency, or the order entering judgment in a civil case, or certified copies thereof, shall be prima facie evidence of a conviction, or the court's action.

(3) A licensee who is convicted, declared legally incompetent, or who has a judgment entered against him in a civil action as described in subsection (1) of this section, shall, within twenty (20) days of such conviction, declaration or judgment, forward to the commission a copy of the legal document evidencing the same.

History:

[54-2061, added 2000, ch. 285, sec. 3, p. 947; am. 2001, ch. 123, sec. 23, p. 441.]
Idaho Code § 54-5609 — Idaho Code / Title 54 / Chapter 56 / Section 54-5609
54-5609 ENDORSEMENT LICENSURE.
Status: in_force

54-5609. ENDORSEMENT LICENSURE. An applicant who satisfies the board that he is licensed or registered under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially equivalent licensing requirements as this act, may, upon the payment of the required fee and the approval of the application, be licensed by endorsement pursuant to this act.

History:

[54-5609, added 2015, ch. 128, sec. 1, p. 325.]