Idaho Code § 39-3607 — Idaho Code / Title 39 / Chapter 36 / Section 39-3607
39-3607 REVISIONS AND ATTAINABILITY OF BENEFICIAL USES.
Status: in_force

39-3607. revisions and attainability of beneficial uses. The director shall, in consultation with the appropriate basin advisory group and watershed advisory group, conduct a beneficial use attainability assessment to determine whether beneficial uses should be revised. Designated uses shall be reviewed and revised when such physical, geological, hydrological, atmospheric, chemical or biological measures indicate the need to do so. The director shall consider the economic costs required to attain a revised beneficial use. A designated use, that is not an existing use, shall be removed when it is demonstrated that attaining the use is not feasible, using those factors set forth in 40 CFR 131.10(g).

Previous assessments of beneficial use attainability that are of a quality and content acceptable to the director shall constitute the baseline data against which future assessments shall be made to determine changes in the water body and what beneficial uses can be attained in it. In addition, the director, to the extent possible, may determine whether changes in the condition of the water body are the result of past or ongoing point or nonpoint source activities. The director shall also seek information from appropriate public agencies regarding land uses, water uses and geological or other information for the watershed that may affect water quality and the ability of the water body in question to attain designated beneficial uses. In carrying out the provisions of this section, the director may contract with private enterprises or public agencies to provide the desired data.

History:

[39-3607, added 1995, ch. 352, sec. 1, p. 1171; am. 2013, ch. 348, sec. 5, p. 946.]
Idaho Code § 39-3507 — Idaho Code / Title 39 / Chapter 35 / Section 39-3507
39-3507 ADMISSIONS.
Status: in_force

39-3507. Admissions. A certified family home shall not admit or retain any resident requiring a level of service or type of service that the certified family home, in concert with the resident's supportive services, does not have the time, ability, or appropriate skills or equipment to safely and effectively provide. All admissions are subject to department approval.

History:

[39-3507, added 1993, ch. 374, sec. 1, p. 1358; am. 1996, ch. 207, sec. 28, p. 648; am. 2000, ch. 274, sec. 69, p. 837; am. 2005, ch. 280, sec. 37, p. 902; am. 2024, ch. 63, sec. 11, p. 318.]
Idaho Code § 39-3606C — Idaho Code / Title 39 / Chapter 36 / Section 39-3606C
39-3606C APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER.
Status: in_force

39-3606C. Appropriation of environmental remediation fund — Purpose of chapter. Moneys in the environmental remediation fund may be used for annual legislative appropriations for the purpose of environmental cleanup and remediation and restoration in, but not limited to, the following areas:

(1) To provide the state's matching share of grants for remediation including superfund grants;

(2) To provide for the operations of remediation activities.

History:

[39-3606C, added 1995, ch. 344, sec. 3, p. 1133.]
Idaho Code § 39-1216 — Idaho Code / Title 39 / Chapter 12 / Section 39-1216
39-1216 PROVISIONAL LICENSE.
Status: in_force

39-1216. Provisional license. Upon initial investigation, should an applicant for a license be unable to meet a standard because of conditions that are unlikely to endure beyond six (6) months from the date of such investigation, the department may, if in its judgment the health and safety of any child is not thereby endangered, issue a provisional license for a period not to exceed six (6) months. No more than one (1) provisional license shall be issued to the same foster home, children's agency, children's therapeutic outdoor program or children's residential care facility in any twelve (12) month period.

History:

[39-1216, added 1963, ch. 320, sec. 9, p. 901; am. 1990, ch. 215, sec. 17, p. 577; am. 2001, ch. 93, sec. 12, p. 241; am. 2002, ch. 219, sec. 7, p. 603.]
Idaho Code § 39-9307 — Idaho Code / Title 39 / Chapter 93 / Section 39-9307
39-9307 INFORMED CONSENT REQUIRED FOR CERTAIN EXPERIMENTATION.
Status: in_force

39-9307. informed consent required for certain experimentation. Bodily remains of an unborn infant whose death occurred as a result of miscarriage or stillbirth may be used for animal or human research, experimentation, study or transplantation only if the mother of the deceased unborn infant makes a signed, written statement declaring that:

(1) The mother donates the specific bodily remains for animal or human research, experimentation, study or transplantation;

(2) The donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of any bodily remains;

(3) The mother has not been informed of the identity of any individuals who may be recipients of transplantations of bodily remains;

(4) The mother understands her right to obtain the bodily remains for final disposition in accordance with the provisions of this act; and

(5) Full disclosure has been provided to the mother with regard to the attending physician's interest, if any, in the research, experimentation, study or transplantation to be conducted with specific bodily remains.

History:

[39-9307, added 2016, ch. 368, sec. 1, p. 1080.]
Idaho Code § 39-4407 — Idaho Code / Title 39 / Chapter 44 / Section 39-4407
39-4407 IDENTIFICATION OF HAZARDOUS WASTES.
Status: in_force

39-4407. Identification of hazardous wastes. (1) The board shall establish criteria for determining if any waste or combination of wastes is hazardous or nonhazardous, for the purposes of this chapter.

(2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of wastes determined to be hazardous by the United States environmental protection agency. To accomplish this goal, the board may adopt by reference the regulations containing the lists of hazardous wastes and the set of characteristics for identifying hazardous wastes promulgated by the United States environmental protection agency pursuant to RCRA. The board shall update the regulations adopted pursuant to this section as needed to reflect regulatory amendments promulgated by the United States environmental protection agency. The board may adopt regulations for a state hazardous waste delisting program equivalent to that set forth in 40 CFR sections 260.20(b) and 260.22. The state delisting program shall provide for public notice and opportunity for comment before granting or denying delisting requests.

History:

[39-4407, added 1983, ch. 154, sec. 1, p. 421; am. 1993, ch. 291, sec. 4, p. 1086.]
Idaho Code § 39-310 — Idaho Code / Title 39 / Chapter 3 / Section 39-310
39-310 CRIMINAL LAW LIMITATIONS.
Status: in_force

39-310. Criminal law limitations. (1) With the exception of persons below the statutory age for consuming alcoholic beverages and of persons affected by the provisions of subsection (3) herein, no person shall be incarcerated or prosecuted criminally or civilly for the violation of any law, ordinance, resolution or rule that includes drinking, being a common drunkard, or being found in an intoxicated or addicted condition as one of the elements of the offense giving rise to criminal or civil penalty or sanction.

(2) No county, municipality, or other political subdivision may interpret or apply any law of general application to circumvent the provision of subsection (1) of this section.

(3) Nothing in this chapter shall affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages or drugs at stated times and places or by a particular class of persons, or regarding the carrying of a concealed weapon when intoxicated or under the influence of an intoxicating drink or drug, or regarding pedestrians who are under the influence of alcohol or drugs to a degree which renders them a hazard and who walk or are otherwise upon a highway except on a sidewalk, or regarding persons who are using or are under the influence of controlled substances or narcotic drugs and who are on public property, roadways or conveyances or on private property open to the public.

(4) This chapter shall not limit or alter the terms or effect of section 18-116, Idaho Code.

(5) Nothing in this chapter shall affect the enforcement of any other provisions of the uniform controlled substances act.

History:

[39-310, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 9, p. 615; am. 2002, ch. 189, sec. 1, p. 544.]
Idaho Code § 39-417 — Idaho Code / Title 39 / Chapter 4 / Section 39-417
39-417 HEARINGS BY DISTRICT BOARD — OATHS — WITNESSES — SUBPOENAS.
Status: in_force

39-417. Hearings by district board — Oaths — Witnesses — Subpoenas. (1) Any person, association, public or private agency, corporation, or the district director alleging a violation of this act, the rules promulgated thereunder, or any matter within the jurisdiction of the district board, or any alleged violator thereof, may, pursuant to the provisions of chapter 52, title 67, Idaho Code, and the rules promulgated thereunder by the state board of health and welfare or the board of environmental quality, seek a hearing before the district board and/or such other relief or remedy as is provided or available.

(2) The hearings herein provided may be conducted by the district board or by its designated agent and in either case the district board or its agent shall have the same powers and authority set out in subsection (3) of section 39-107, Idaho Code. The provisions of this section shall not apply to the internal administrative affairs of the district board or department nor to its subordinate sections and units.

History:

[39-417, added 1970, ch. 90, sec. 9, p. 218; am. 1973, ch. 29, sec. 9, p. 56; am. 1974, ch. 23, sec. 73, p. 633; am. 2000, ch. 132, sec. 34, p. 343.]
Idaho Code § 39-2701 — Idaho Code / Title 39 / Chapter 27 / Section 39-2701
39-2701 ALZHEIMER'S DISEASE AND RELATED DEMENTIAS.
Status: in_force

39-2701. Alzheimer's Disease and Related Dementias. (1) The legislature, having recognized that Alzheimer's disease and related dementias (ADRD) are a looming state and national public health crisis and having found that it is in the best interest of the state and its citizenry to develop a statewide strategy to mobilize a coordinated state response, finds that it is in the best interest of the state and its citizenry to continue the work of the Alzheimer's disease and related dementias alliance (ADRD alliance) in developing, implementing, amending, and updating the Idaho Alzheimer's disease and related dementias strategic plan.

(2) The Idaho department of health and welfare, division of public health, Alzheimer's disease and related dementias program, is directed to:

(a) Convene the ADRD alliance every five (5) years to update the Alzheimer's disease and related dementias strategic plan for Idaho. The department shall serve as the focal point in convening the ADRD alliance and shall provide oversight in developing comprehensive, coordinated strategies that address the current and future impact of Alzheimer's disease, an examination of existing resources available to persons living with Alzheimer's disease and their caregivers, and information regarding Alzheimer's disease trends and policies in the state; and

(b) Annually provide a report to the governor and the legislature that shall include, at a minimum, recommendations for state policy relating to ADRD, a review of services, public safety issues for those living with ADRD and their caregivers, public education, and services initiated and coordinated among public and private agencies to meet the needs of Idahoans with ADRD and their caregivers.

History:

[39-2701, added 2023, ch. 151, sec. 1, p. 405.]
Idaho Code § 39-120 — Idaho Code / Title 39 / Chapter 1 / Section 39-120
39-120 DEPARTMENT OF ENVIRONMENTAL QUALITY PRIMARY ADMINISTRATIVE AGENCY — AGENCY RESPONSIBILITIES.
Status: in_force

39-120. Department of Environmental quality primary administrative agency — Agency responsibilities. (1) The department of environmental quality is designated as the primary agency to coordinate and administer ground water quality protection programs for the state.

(2) Recognizing that the department of water resources has the responsibility to maintain the natural resource geographic information system for the state and is the collector of baseline data for the state's water resources, that the department of environmental quality has the responsibility for collecting and monitoring data for water quality management purposes and that the department of agriculture is responsible for regulating the use of pesticides and fertilizers and for licensing applicators, the department of environmental quality, the department of water resources and the department of agriculture shall:

(a) Develop a ground water monitoring plan, concurrently with the development of a ground water quality plan, for development and administration of a comprehensive ground water quality monitoring network, including point of use, point of contamination and problem assessment monitoring sites across the state and the assessment of ambient ground water quality utilizing, to the greatest degree possible, collection and coordination of existing data sources.

(b) Establish a system or systems within state departments and political subdivisions of the state for collecting, evaluating and disseminating ground water quality data and information.

(c) Develop and maintain a natural resource geographic information system and comprehensive water resource data system. The system shall be accessible to the public.

(3) The responsible state departments or boards should adopt rules which specify the general standards for determining actions necessary to prevent ground water contamination and cleanup actions necessary to meet the goals of the state.

(4) The director of the department of environmental quality may develop and recommend for approval by the board through rulemaking, ambient ground water quality standards for contaminants for which the administrator of the United States environmental protection agency has established drinking water maximum contaminant levels. The director may develop and recommend for approval by the board, through rulemaking, ground water quality standards for contaminants for which the administrator of the United States environmental protection agency has not established drinking water maximum contaminant levels. However, the existence of such standards, or the lack of them, should not be construed or utilized in derogation of the ground water quality protection goal and protection policies of the state.

(5) The departments of environmental quality, water resources and agriculture should take actions necessary to promote and assure public confidence and public awareness of ground water quality protection. In pursuing this goal, the departments and public health districts should make public the results of investigations concerning ground water quality subject to the restrictions contained in section 39-111, Idaho Code.

History:

[39-120, added 1989, ch. 421, sec. 2, p. 1028; am. 1990, ch. 151, sec. 1, p. 334; am. 2000, ch. 132, sec. 28, p. 338.]
Idaho Code § 39-9308 — Idaho Code / Title 39 / Chapter 93 / Section 39-9308
39-9308 CRIMINAL PENALTIES.
Status: in_force

39-9308. criminal penalties. (1) A person who violates section 39-9306(1) or (2), Idaho Code, shall be guilty of a felony for each violation and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison for a term not to exceed five (5) years, or both.

(2) A person who violates section 39-9306(3) or (4), Idaho Code, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail not to exceed six (6) months, or both. Any person who pleads guilty to or is found guilty of a violation of section 39-9306(3) or (4), Idaho Code, who previously has pled guilty to or been found guilty of a violation of either such subsection, notwithstanding the form of the judgment or withheld judgment, shall be guilty of a felony and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison not to exceed one (1) year, or both.

History:

[39-9308, added 2016, ch. 368, sec. 1, p. 1081.]
Idaho Code § 39-9109 — Idaho Code / Title 39 / Chapter 91 / Section 39-9109
39-9109 RULEMAKING AUTHORITY.
Status: in_force

39-9109. RULEMAKING AUTHORITY. The director is authorized to promulgate rules necessary to implement the provisions of this chapter that are consistent with its provisions.

History:

[39-9109, added 2014, ch. 131, sec. 1, p. 367.]
Idaho Code § 39-9309 — Idaho Code / Title 39 / Chapter 93 / Section 39-9309
39-9309 DUTIES OF THE ATTORNEY GENERAL AND PROSECUTORS.
Status: in_force

39-9309. DUTIES OF THE ATTORNEY GENERAL and prosecutors. The Idaho attorney general or the appropriate prosecuting attorney may initiate actions or proceedings for a violation of any criminal provisions in this chapter.

History:

[39-9309, added 2016, ch. 368, sec. 1, p. 1081.]
Idaho Code § 39-4405 — Idaho Code / Title 39 / Chapter 44 / Section 39-4405
39-4405 RULES IN GENERAL.
Status: in_force

39-4405. Rules in general. Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the board shall adopt such rules as are necessary and feasible for the management of the generation, collection, transportation, treatment, storage, and disposal of hazardous wastes within the state. The board shall also adopt such rules as necessary to regulate persons who produce, burn, distribute, and market fuel containing hazardous waste. The rules promulgated by the board shall be a part of this code and shall have the force and effect of law. Such rules shall include, but not be limited to:

(1) Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter;

(2) Rules for those who generate, transport, treat, store, or dispose of hazardous wastes;

(3) Rules, consistent with those issued by the United States environmental protection agency and the United States department of transportation, for containerization, labeling and manifesting of hazardous wastes;

(4) Rules specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, or deny such permits as shall be required by this chapter;

(5) Lists of those wastes or combinations of wastes which are not compatible and which may not be stored or disposed of together;

(6) Procedures and requirements for the reporting of the generation, transportation, treatment, storage or disposal of hazardous wastes;

(7) Rules establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities and sites;

(8) Release detection, prevention and correction rules applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment;

(9) Rules specifying radioactive materials or other radioactive materials occurring naturally that may be disposed of at a commercial hazardous waste facility or site.

History:

[39-4405, added 1983, ch. 154, sec. 1, p. 420; am. 1986, ch. 148, sec. 2, p. 418; am. 2001, ch. 297, sec. 4, p. 1076.]
Idaho Code § 39-8905 — Idaho Code / Title 39 / Chapter 89 / Section 39-8905
39-8905 MARKING OF CIGARETTE PACKAGING.
Status: in_force

39-8905. Marking of cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with section 39-8904, Idaho Code, shall be marked to indicate compliance with the requirements of section 39-8903, Idaho Code. The marking shall be in eight (8) point type or larger and consist of:

(a) Modification of the product UPC code to include a visible mark printed at or around the area of the UPC code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed or printed in conjunction with the UPC; or

(b) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the cigarette package or cellophane wrap; or

(c) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this chapter.

(2) A manufacturer shall use only one (1) marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons and cases, and brands marketed by that manufacturer.

(3) The state fire marshal shall be notified as to the marking that is selected.

(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve:

(a) Any marking in use and approved for sale in another state; or

(b) The letters "FSC," which signify fire standards compliant, appearing in eight (8) point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code.

Proposed markings shall be deemed approved if the state fire marshal fails to act within ten (10) business days of receiving a request for approval.

(5) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.

(6) Manufacturers certifying cigarettes in accordance with section 39-8904, Idaho Code, shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the state fire marshal, the state tax commission, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.

History:

[39-8905, added 2008, ch. 278, sec. 1, p. 796.]
Idaho Code § 39-1445 — Idaho Code / Title 39 / Chapter 14 / Section 39-1445
39-1445 QUORUM — MODE OF ACTION — EXPENSES.
Status: in_force

39-1445. Quorum — Mode of action — Expenses. Four (4) members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four (4) of its members. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the by-laws of the authority. Resolutions need not be published or posted. Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the authority.

History:

[39-1445, added 1972, ch. 134, sec. 5, p. 286; am. 1973, ch. 178, sec. 4, p. 393.]
Idaho Code § 39-5306 — Idaho Code / Title 39 / Chapter 53 / Section 39-5306
39-5306 SERVICES.
Status: in_force

39-5306. services. (1) If there is substantiated maltreatment of a vulnerable adult, the commission or provider has the responsibility to assist the adult in obtaining available services.

(2) If the commission or provider develops a protective action plan of supportive services for the vulnerable adult, the plan shall provide for appropriate supportive services available to the vulnerable adult that are least restrictive to personal freedom and shall provide encouragement for client self-determination and continuity of care.

(3) If the vulnerable adult does not consent to the receipt of reasonable and necessary supportive services, or if the vulnerable adult withdraws consent, services shall not be provided or continued.

(4) If a report is unsubstantiated, the commission or provider may assist the vulnerable adult or the vulnerable adult's caregiver with prevention services.

History:

[(39-5306) 1982, ch. 286, sec. 2, p. 734; am. and redesig. 1991, ch. 329, sec. 8, p. 852; am. 1996, ch. 78, sec. 5, p. 250; am. 1998, ch. 308, sec. 7, p. 1024; am. 2019, ch. 43, sec. 6, p. 120; am. 2023, ch. 158, sec. 7, p. 433.]
Idaho Code § 39-4426 — Idaho Code / Title 39 / Chapter 44 / Section 39-4426
39-4426 APPOINTMENT OF INSPECTORS.
Status: in_force

39-4426. Appointment of inspectors. (1) The department of environmental quality shall assign a sufficient number of employees and equipment to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous wastes which have been transported by common carrier.

(2) All employees of the department designated pursuant to subsection (1) of this section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 49, Idaho Code, and violations to any rules issued pursuant to section 67-2901A, Idaho Code.

(3) All actions brought for violations of the provisions of this chapter or rules promulgated pursuant thereto shall be brought as provided for in this chapter. All actions brought for violations of the provisions of title 49, Idaho Code, shall be brought as provided in that title.

History:

[39-4426, added 1984, ch. 205, sec. 4, p. 507; am. 1986, ch. 231, sec. 3, p. 630; am. 1988, ch. 265, sec. 569, p. 868; am. 1999, ch. 383, sec. 1, p. 1053; am. 2001, ch. 103, sec. 46, p. 290.]
Idaho Code § 39-4126 — Idaho Code / Title 39 / Chapter 41 / Section 39-4126
39-4126 VIOLATIONS MISDEMEANORS.
Status: in_force

39-4126. Violations misdemeanors. (1) Any person who willfully violates any provision of this chapter or who willfully violates any provisions of the codes enumerated in this chapter or rules promulgated by the administrator or the board pursuant to this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined not more than three hundred dollars ($300), or imprisoned for not more than ninety (90) days or by both fine and imprisonment. Violations of this chapter shall be tried in any court of competent jurisdiction within the state of Idaho.

(2) A separate violation is deemed to have occurred with respect to each building not in compliance with this chapter. Each day such violation continues constitutes a separate offense.

(3) The misdemeanor provisions of subsections (1) and (2) of this section shall not apply to manufactured homes. Violations of manufactured home construction and safety standards shall be tried in any court of competent jurisdiction.

History:

[39-4126, added 1975, ch. 180, sec. 2, p. 486; am. 1988, ch. 264, sec. 21, p. 534; am. 2002, ch. 345, sec. 28, p. 975.]
Idaho Code § 39-1339 — Idaho Code / Title 39 / Chapter 13 / Section 39-1339
39-1339 CREATION OF INDEBTEDNESS FOR WORKS, IMPROVEMENTS OR EQUIPMENT — ELECTION ON PROPOSED INDEBTEDNESS — INDEBTEDNESS OR LIABILITY WITHOUT ELECTION.
Status: in_force

39-1339. Creation of indebtedness for works, improvements or equipment — Election on proposed indebtedness — indebtedness or liability without election. (1) Whenever the board of the hospital district shall by resolution determine that it is in the interest of said district and in the public interest or necessity to purchase, contract, lease or construct or otherwise acquire facilities, equipment, technology and real property for health care operations or make any contract with the United States or other persons or corporations, public or private, municipalities or governmental subdivisions to carry out the said public works, acquisitions, improvements, objects or purposes of said district requiring the creation of an indebtedness payable out of taxes of five hundred thousand dollars ($500,000) or more, and in any event when the indebtedness will exceed the income and revenue provided for the year, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness payable out of taxes to the qualified electors of the district at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose. The declaration of public interest or necessity, herein required, and the provision for the holding of such election may be included within one (1) and the same resolution, which resolution, in addition to such declaration of public interest or necessity shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated costs of the works, improvements, or medical or business equipment, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolutions shall also fix the date upon which such election shall be held, and the manner of holding the same in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness; such resolution shall designate the polling place or places and the county clerk shall appoint judges, provided, however, that no district shall issue or have outstanding its coupon bonds in excess of two percent (2%) of the market value for assessment purposes of the real and personal property within the said district, according to the assessment of the year preceding any such issuance of such evidence of indebtedness for any or all of the propositions specified in this election, provided, however, that such bonds shall not be issued, nor shall any indebtedness be incurred, at any time that there shall be a bond issue outstanding and unpaid for the construction, acquisition or maintenance of a county hospital in the county in which such district is organized.

(2) No election shall be required for any lease or other transaction entered into between the hospital district and the Idaho health facilities authority. Notwithstanding any other provision, the hospital district shall be entitled to enter into a lease or other transaction regardless of the amount involved with the Idaho health facilities authority upon determination by the board of the hospital district that it is in the interest of the hospital district and best interests of the public to enter into such lease or other transaction.

(3) Notwithstanding subsection (1) or (2) of this section and provided that no property tax revenues shall be used for payment of indebtedness authorized by this subsection, district hospitals, ancillary to their operations and in furtherance of health care needs in their service areas, may incur indebtedness or liability without an election to purchase, contract, lease or construct or otherwise acquire facilities, equipment, technology and real property for health care operations.

History:

[39-1339, added 1965, ch. 173, sec. 22, p. 340; am. 1971, ch. 25, sec. 4, p. 61; am. 1976, ch. 132, sec. 4, p. 499; am. 1977, ch. 60, sec. 1, p. 115; am. 1980, ch. 350, sec. 17, p. 903; am. 1983, ch. 133, sec. 1, p. 329; am. 1990, ch. 354, sec. 2, p. 957; am. 1991, ch. 73, sec. 1, p. 176; am. 1995, ch. 118, sec. 53, p. 470; am. 2009, ch. 341, sec. 68, p. 1037; am. 2011, ch. 185, sec. 1, p. 535.]
Idaho Code § 39-904 — Idaho Code / Title 39 / Chapter 9 / Section 39-904
39-904 STATEMENT IN REPORT OF BIRTH.
Status: in_force

39-904. Statement in report of birth. Every physician or midwife shall, in making a report of a birth, state whether the ocular antibiotic prophylaxis described in section 39-903, Idaho Code, was applied to the eyes of the newborn.

History:

[(39-904) 1921, ch. 233, sec. 4, p. 522; I.C.A., sec. 38-704; am. 2025, ch. 45, sec. 10, p. 217.]
Idaho Code § 39-3345 — Idaho Code / Title 39 / Chapter 33 / Section 39-3345
39-3345 DENIAL OR REVOCATION OF A LICENSE.
Status: in_force

39-3345. Denial or revocation of a license. The licensing agency may deny the issuance of a license or revoke any license when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of residents, or when the facility is not in substantial compliance with the provisions of this chapter or the rules promulgated pursuant to this chapter.

History:

[39-3345, added 1990, ch. 116, sec. 2, p. 255; am. 2000, ch. 274, sec. 34, p. 824; am. 2005, ch. 280, sec. 26, p. 896.]
Idaho Code § 39-3910 — Idaho Code / Title 39 / Chapter 39 / Section 39-3910
39-3910 AUTHORIZED STERILIZATION PROCEDURE.
Status: in_force

39-3910. Authorized sterilization procedure. A sterilization procedure authorized under this chapter shall not include hysterectomy or castration unless the court finds by clear and convincing evidence that hysterectomy or castration is medically necessary treatment, independent of the need for sterilization. No sterilization procedure authorized under this chapter shall be performed by any person other than a physician.

History:

[39-3910, added 2003, ch. 189, sec. 2, p. 515.]
Idaho Code § 39-6318 — Idaho Code / Title 39 / Chapter 63 / Section 39-6318
39-6318 ORDER FOR TRANSFER OF WIRELESS TELEPHONE SERVICE.
Status: in_force

39-6318. Order for transfer of wireless telephone service. (1) In order to ensure that a requesting party can maintain an existing wireless telephone number and the wireless numbers of any minor children in the care of the requesting party, a court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the account holder.

(2)(a) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the account holder, the name and contact information of the person to whom the telephone number or numbers will be transferred and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the account holder.

(b) The order shall be served on the wireless service provider's agent for service of process listed with the secretary of state.

(c) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances including, but not limited to, any of the following, the wireless service provider shall notify the requesting party when:

(i) The account holder has already terminated the account;

(ii) Differences in network technology prevent the functionality of a device on the network; or

(iii) There are geographic or other limitations on network or service availability.

(3)(a) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party, pursuant to subsection (2) of this section, by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs and costs for any mobile device associated with the wireless telephone number or numbers.

(b) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers including, but not limited to, identification, financial information and customer preferences.

(4) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law or the ability to determine the temporary use, possession and control of personal property.

(5) No cause of action shall lie against any wireless telephone service provider, its officers, employees or agents for actions taken in accordance with the terms of a court order issued pursuant to the provisions of this section.

History:

[39-6318, added 2018, ch. 227, sec. 2, p. 518.]
Idaho Code § 39-409 — Idaho Code / Title 39 / Chapter 4 / Section 39-409
39-409 DISTRICT HEALTH DEPARTMENTS — ESTABLISHMENT — SERVICES.
Status: in_force

39-409. District health departments — Establishment — Services. There is hereby created and established in each of the above described public health districts a district health department, hereinafter referred to as the district health department. The district health department shall have as its head the district board of health.

The district health department will provide the basic health services of public health education, physical health, environmental health, and public health administration, but this listing shall not be construed to restrict the service programs of the district health department solely to these categories. Each district shall have a doctor of medicine licensed in Idaho as a staff member or as a regular consultant.

History:

[39-409, added 1970, ch. 90, sec. 2, p. 218; am. 1973, ch. 29, sec. 1, p. 56; am. 1986, ch. 63, sec. 2, p. 181.]
Idaho Code § 39-1448 — Idaho Code / Title 39 / Chapter 14 / Section 39-1448
39-1448 ACQUISITION OF PROPERTY.
Status: in_force

39-1448. Acquisition of property. The authority is authorized and empowered directly or by or through a participating health institution, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights of way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights which are located within or without the state as it may deem necessary or convenient for the construction or acquisition or operation of facilities but upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of such participating health institution, as its agent.

History:

[39-1448, added 1972, ch. 134, sec. 8, p. 286.]
Idaho Code § 39-265 — Idaho Code / Title 39 / Chapter 2 / Section 39-265
39-265 REGISTRATION OF DIVORCES — ANNULMENTS OF MARRIAGE.
Status: in_force

39-265. Registration of divorces — Annulments of marriage. (a) A certificate of each divorce or annulment granted by any court in this state shall be filed by the clerk of the court with the vital statistics unit and shall be registered if it has been completed and filed in accordance with this chapter. The certificate shall be prepared by the petitioner or the petitioner's legal representative on a form furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases the completed certificate shall be prerequisite to the granting of the final decree. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.

(b) Immediately after the decree becomes final, the certificate shall be forwarded by the clerk to the state registrar on the 15th day of the calendar month next succeeding.

History:

[(39-265) 1949, ch. 72, sec. 29, p. 117; am. and redesignated 1983, ch. 7, sec. 27, p. 38.]
Idaho Code § 39-1450 — Idaho Code / Title 39 / Chapter 14 / Section 39-1450
39-1450 SECURITY FOR BONDS AND NOTES.
Status: in_force

39-1450. Security for bonds and notes. The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge of, or security interest in, the revenues, rentals and receipts out of which the same may be made payable or from other moneys available therefor and not otherwise pledged or used as security and may be secured by a trust indenture or mortgage or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals or receipts so pledged or used as security may be derived, including any enlargements of and additions to any such facilities thereafter made. The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage or deed of trust may contain any agreements and provisions which shall be a part of the contract with the holders of the bonds or notes to be authorized as to:

(a) Pledging or providing a security interest in all or any part of the revenues of a facility or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, to secure the payment of the bonds or notes or of any particular issue of bonds, subject to such agreements with noteholders or bondholders as may then exist;

(b) Respecting the maintenance of the properties covered thereby;

(c) The fixing and collection of rents, fees, and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues;

(d) The setting aside, creation and maintenance of special and reserve funds and sinking funds and the use and disposition of the revenues;

(e) Limitations on the right of the authority or its agent to restrict and regulate the use of facilities;

(f) Limitations on the purpose to which the proceeds of sale of any issue of bonds or notes then or thereafter to be issued may be applied and pledging or providing a security interest in such proceeds to secure the payment of the bonds or notes or any issue of the bonds or notes;

(g) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds;

(h) The procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given;

(i) Limitations on the amount of moneys derived from a facility to be expended for operating, administrative or other expenses of the authority;

(j) Defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default;

(k) The mortgaging of a facility and the site thereof for the purpose of securing the bondholders or noteholders; and

(l) Such other additional covenants, agreements, and provisions as are judged advisable or necessary by the authority for the security of the holders of such bonds or notes.

Any pledge made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, lease, indenture, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any mortgage and deed of trust, or any one (1) or more of said remedies.

In addition to the foregoing, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two (2) or more leases of the facilities with two (2) or more participating health institutions, as lessees respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture authorized by the authority.

(m) Notwithstanding any other provision of chapter 9, title 28, Idaho Code, to the contrary, this section expressly governs the creation, perfection, priority and enforcement of a security interest created by the Idaho health facilities authority.

History:

[39-1450, added 1972, ch. 134, sec. 10, p. 286; am. 1973, ch. 178, sec. 8, p. 393; am. 1976, ch. 183, sec. 3, p. 663; am. 2002, ch. 107, sec. 7, p. 304.]
Idaho Code § 39-419 — Idaho Code / Title 39 / Chapter 4 / Section 39-419
39-419 VIOLATION OF PUBLIC HEALTH LAWS — MISDEMEANOR — CIVIL LIABILITY FOR EXPENSE — INFRACTION.
Status: in_force

39-419. Violation of public health laws — Misdemeanor — Civil liability for expense — infraction. (1) It shall be unlawful for any person to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, regulation, or ordinance issued pursuant thereto.

(2) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment. In addition to fine and imprisonment, any person found to be in violation of this chapter or the rules promulgated thereunder shall be liable for any expense incurred by the district board of health in enforcing this chapter, or in removing or terminating any nuisance, source of filth, cause of sickness, or health hazard. Conviction under the penalty provisions of this chapter or any other health law or rules promulgated thereunder shall not relieve any person from any civil action in damages that may exist for any injury resulting from any violation of the public health laws or rules promulgated by the district board of health.

(3) A violator of any law or rule within the jurisdiction of the district shall be liable in an amount not in excess of the limits prescribed in section 39-108, Idaho Code. The district board may seek recovery by commencing an action in the district court of the county wherein the violation occurred. Amounts recovered shall be deposited as required by the provisions of section 39-414(5), Idaho Code.

(4) Notwithstanding the provisions of subsection (2) of this section, if an order is applicable to all persons in a county or a public health district, then a person who willfully violates such order is guilty of an infraction punishable by a fine of fifty dollars ($50.00). No court costs or fees apply to such infraction.

History:

[39-419, added 1970, ch. 90, sec. 8, p. 218; am. 1973, ch. 29, sec. 11, p. 56; am. 1986, ch. 63, sec. 6, p. 183; am. 1992, ch. 122, sec. 2, p. 400; am. 2000, ch. 132, sec. 35, p. 344; am. 2021, ch. 90, sec. 2, p. 318.]
Idaho Code § 39-108 — Idaho Code / Title 39 / Chapter 1 / Section 39-108
39-108 INVESTIGATION — INSPECTION — RIGHT OF ENTRY — VIOLATION — ENFORCEMENT — PENALTY — INJUNCTIONS.
Status: in_force

39-108. Investigation — Inspection — Right of entry — Violation — Enforcement — Penalty — Injunctions. (1) The director shall cause investigations to be made upon receipt of information concerning an alleged violation of this act or of any rule, permit or order promulgated thereunder, and may cause to be made such other investigations as the director shall deem advisable.

(2) For the purpose of enforcing any provision of this chapter or any rule authorized in this chapter, the director or the director's designee shall have the authority to:

(a) Conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential environmental hazards, air contamination sources, water pollution sources and of solid waste disposal sites;

(b) Enter at all reasonable times upon any private or public property, upon presentation of appropriate credentials, for the purpose of inspecting or investigating to ascertain possible violations of this act or of rules, permits or orders adopted and promulgated by the director or the board;

(c) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a public health or environmental emergency;

(d) Any district court in and for the county in which the subject property is located is authorized to issue a search warrant to the director upon a showing of (i) probable cause to suspect a violation, or (ii) the existence of a reasonable program of inspection. Any search warrant issued under the authority of this chapter shall be limited in scope to the specific purposes for which it is issued and shall state with specificity the manner and the scope of the search authorized.

(3) Whenever the director determines that any person is in violation of any provision of this act or any rule, permit or order issued or promulgated pursuant to this act, the director may commence either of the following:

(a) Administrative enforcement action.

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

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

(iii) Compliance conference. The compliance conference shall provide an opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance.

(iv) Consent order. If the recipient and the director agree on a plan to remedy damage caused by the alleged violation and to assure future compliance, they may enter into a consent order formalizing their agreement. The consent order may include a provision providing for payment of any agreed civil penalty.

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

(vi) Failure to reach consent order. If the parties cannot reach agreement on a consent order within sixty (60) days after the receipt of the notice of violation or if the recipient does not request a compliance conference as per paragraph (a)(ii) of this subsection, the director may commence and prosecute a civil enforcement action in district court, in accordance with paragraph (b) of this subsection.

(b) Civil enforcement action. The director may initiate a civil enforcement action through the attorney general as provided in section 39-109, Idaho Code. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred and may be brought against any person who is alleged to have violated any provision of this act or any rule, permit or order which has become effective pursuant to this act. Such action may be brought to compel compliance with any provision of this act or with any rule, permit or order promulgated hereunder and for any relief or remedies authorized in this act. The director shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.

(4) No civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation.

(5) Monetary penalties.

(a) Any person determined in a civil enforcement action to have violated any provision of this act or any rule, permit or order promulgated pursuant to this act shall be liable for a civil penalty not to exceed the following amounts:

(i) For any violation of any provision of this act, rule, permit or order related to air quality: ten thousand dollars ($10,000) for each separate air violation and day of continuing air violation, whichever is greater;

(ii) For any violation of any provision of this act, rule, permit or order related to the Idaho national pollutant elimination system program: ten thousand dollars ($10,000) per violation or five thousand dollars ($5,000) for each day of a continuing violation, whichever is greater; or

(iii) For any violation of any provision of this act, rule, permit or order related to any other regulatory program authorized by this act: ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation, whichever is greater.

The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this act shall be paid into the general fund of the state. Parties to an administrative enforcement action may agree to a civil penalty as provided in this subsection.

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

(6) In addition to such civil penalties, any person who has been determined to have violated the provisions of this act or the rules, permits or orders promulgated thereunder shall be liable for any expense incurred by the state in enforcing the act, or in enforcing or terminating any nuisance, source of environmental degradation, cause of sickness or health hazard.

(7) No action taken pursuant to the provisions of this act or of any other environmental protection law shall relieve any person from any civil action and damages that may exist for injury or damage resulting from any violation of this act or of the rules, permits and orders promulgated thereunder.

(8) In addition to, and notwithstanding other provisions of this act, in circumstances of emergency creating conditions of imminent and substantial danger to the public health or environment, the prosecuting attorney or the attorney general may institute a civil action for an immediate injunction to halt any discharge, emission or other activity in violation of provisions of this act or rules, permits and orders promulgated thereunder. In such action the court may issue an ex parte restraining order.

(9) In any administrative or civil enforcement proceeding for violation of any Idaho NPDES program rule, permit, requirement or order, the department shall comply with the public participation requirements set forth in 40 CFR 123.27(d)(2).

History:

[39-108, added 1972, ch. 347, sec. 8, p. 1017; am. 1974, ch. 23, sec. 52, p. 633; am. 1986, ch. 60, sec. 2, p. 170; am. 1993, ch. 275, sec. 5, p. 933; am. 1997, ch. 94, sec. 2, p. 221; am. 2000, ch. 132, sec. 16, p. 330; am. 2014, ch. 40, sec. 1, p. 92.]
Idaho Code § 39-1003 — Idaho Code / Title 39 / Chapter 10 / Section 39-1003
39-1003 STANDARD SEROLOGICAL TEST DEFINED.
Status: in_force

39-1003. Standard serological test defined. For the purpose of sections 39-1001—39-1006, Idaho Code, a standard serological test shall be a test for syphilis approved by the state board of health and welfare.

History:

[39-1003, added 1943, ch. 26, sec. 3, p. 53; am. 1974, ch. 23, sec. 111, p. 633.]
Idaho Code § 39-304 — Idaho Code / Title 39 / Chapter 3 / Section 39-304
39-304 COMPREHENSIVE PROGRAM FOR TREATMENT.
Status: in_force

39-304. Comprehensive program for treatment. The Idaho department of health and welfare is hereby designated as the state substance abuse authority.

(1) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons and drug addicts.

(2) The program shall include:

(a) Emergency detoxification treatment and medical treatment directly related thereto provided by a facility affiliated with or part of the medical service of a general hospital;

(b) Inpatient treatment;

(c) Intensive outpatient treatment;

(d) Outpatient treatment;

(e) Community detoxification provided by an approved facility; and

(f) Recovery support services.

(3) The department shall provide for adequate and appropriate treatment for persons admitted pursuant to section 39-307, Idaho Code. Treatment shall not be provided at a correctional institution except for inmates.

(4) The department shall maintain, supervise, and control all facilities operated by it. The administrator of each such facility shall make an annual report of its activities to the director in the form and manner the director specifies.

(5) All appropriate public and private resources shall be coordinated with and utilized in the program whenever possible.

(6) The department shall prepare, publish and distribute annually a list of all approved public and private treatment facilities.

(7) The department may contract for the use of any facility as an approved public treatment facility if the director considers this to be an effective and economical course to follow.

(8) The program shall include an individualized treatment plan prepared and maintained for each client.

History:

[39-304, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 4, p. 612; am. 1989, ch. 282, sec. 3, p. 693; am. 2006, ch. 407, sec. 5, p. 1236; am. 2007, ch. 69, sec. 3, p. 186; am. 2008, ch. 94, sec. 2, p. 260; am. 2012, ch. 107, sec. 5, p. 290.]
Idaho Code § 39-307A — Idaho Code / Title 39 / Chapter 3 / Section 39-307A
39-307A PROTECTIVE CUSTODY.
Status: in_force

39-307A. Protective custody. (a) An intoxicated or drug addicted person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he consents to the proffered help, may be assisted to his home, an approved public treatment facility, an approved private treatment facility, or other health facility by a law enforcement officer.

(b) A person who appears to be incapacitated by alcohol or drugs shall be taken into protective custody by a law enforcement officer and forthwith brought to an approved treatment facility for emergency treatment. If no approved treatment facility is readily available he may be taken to a city or county jail where he may be held until he can be transported to an approved treatment facility, but in no event shall such confinement extend more than twenty-four (24) hours. A law enforcement officer, in detaining the person and in taking him to an approved treatment facility, is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. A taking into protective custody under this section is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.

(c) A person who comes voluntarily or is brought to an approved treatment facility shall be examined as soon as possible. He may then be admitted as a patient or referred to another health facility. The referring approved treatment facility shall arrange for his transportation.

(d) A person who by examination is found to be incapacitated by alcohol or drugs at the time of his admission or to have become incapacitated at any time after his admission, may not be detained at the facility (1) once he is no longer incapacitated by alcohol or drugs or (2) if he remains incapacitated by alcohol or drugs for more than seventy-two (72) hours after admission as a patient. A person may consent to remain in the facility as long as the person in charge believes appropriate.

(e) If a patient is admitted to an approved treatment facility, his family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, his request shall be respected.

(f) Law enforcement officers, personnel of the department, and personnel of an alcohol or drug treatment facility who act in compliance with this section are acting in the course of their official duty and are not criminally or civilly liable therefor.

(g) If the person in charge of the approved treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.

(h) That any person taken to a seventy-two (72) hour evaluation and treatment facility shall be informed immediately that he has the right to request and take a chemical test in order to ascertain whether he is an intoxicated or addicted person. If the person requests to take the test and the professional person in charge of the facility then determines that the person taken to the facility is not intoxicated or addicted, he shall immediately release him. A record shall be maintained by the facility of the results of the test.

History:

[39-307A, added 1976, ch. 98, sec. 3, p. 417; am. 1987, ch. 289, sec. 7, p. 613.]
Idaho Code § 39-116 — Idaho Code / Title 39 / Chapter 1 / Section 39-116
39-116 COMPLIANCE SCHEDULES.
Status: in_force

39-116. Compliance schedules. The director shall have the authority to issue compliance schedule orders to any person who is the source of any health hazard, air contaminant, water pollution or solid waste for which regulatory standards have been established, including regulatory standards then in effect or to become effective at a future date or at future successive dates. The purpose of any compliance schedule order shall be to identify and establish appropriate acts and time schedules for interim actions by those persons who are or who will be affected by regulatory standards, such acts and schedules being designed to assure timely compliance by those affected by the regulatory standards. Prior to the issuance of a compliance schedule order, the director shall solicit the cooperation of the person to whom the compliance schedule order will be directed by providing the person notice that identifies with reasonable specificity the applicable statutes and rules, the events or occurrences that necessitate the order, and the proposed terms of the order and that informs the person that a conference with the director to discuss the proposed terms of the order shall be provided if requested within fifteen (15) days of receipt of the notice. If requested, the director shall confer with the person and shall solicit the person's cooperation in the selection of the terms of the order. The compliance schedule order may be issued at any time after the conference, if one is requested, and the expiration of sixty (60) days following the receipt of the notice. Any compliance schedule order shall be enforceable in the same manner as any order entered pursuant to section 39-108, Idaho Code, except the order may be challenged by an administrative appeal to the board as provided in section 39-107(5), Idaho Code. The order shall be effective and enforceable during an administrative appeal, unless the board or its designated hearing officer issues a stay of the order.

History:

[I.C., sec. 39-116, as added by 1973, ch. 139, sec. 1, p. 270; am. 1974, ch. 23, sec. 57, p. 633; am. 1986, ch. 60, sec. 7, p. 175; am. 2000, ch. 132, sec. 24, p. 336.]
Idaho Code § 39-2607 — Idaho Code / Title 39 / Chapter 26 / Section 39-2607
39-2607 TEMPORARY FIREWORKS STANDS.
Status: in_force

39-2607. Temporary fireworks stands. Retail sales of nonaerial common fireworks shall be allowed only from within a temporary fireworks stand unless the authority having jurisdiction finds appropriate circumstances justifying reasonable variance from strict compliance with this section. An existing permanent building which was used for the retail sale of fireworks in 1996 may continue to be used for that purpose if the building meets or exceeds the standards for temporary buildings established by this section and is operated, insofar as it is applicable, as provided by this section. Temporary fireworks stands shall be subject to the following provisions:

(1) A stand shall not be located within twenty-five (25) feet of any building or within one hundred (100) feet of the nearest fuel dispensing device.

(2) A stand shall meet the minimum structural stability requirements for temporary buildings as required by applicable local building codes. If no local building codes have been adopted, applicable state codes may be used.

(3) A stand shall meet the minimum requirements for temporary buildings for all lighting circuits or other electrical equipment used in conjunction with the operation of the stand as required by applicable local building codes or, if no local building codes have been adopted, by applicable state codes.

(4) A stand shall have two (2) exits, each a minimum of thirty (30) inches wide at each end of the stand or as near the ends as is practical in a mobile home conversion. One (1) additional door is required for each thirty-two (32) feet of rear wall in excess of thirty-two (32) feet. All doors shall open outward from the stand and shall be kept unlocked and unlatched during the hours of operation and free and clear of supplies and materials at all times.

(5) A stand shall have at least two (2) fire extinguishers with a 2A minimum rating, in good working order, with a current inspection tag in place, placed near the exits in a visible and readily accessible manner.

(6) "No smoking within 25 feet" signs shall be prominently displayed on all four (4) sides of the stand. Smoking shall not be permitted inside the stand.

(7) A stand shall not be erected before May 5 nor remain up after July 20 for the first sales period; nor shall it be erected before December 7 or remain up after January 16 for the second sales period. The premises on which the stand is erected shall be cleared of all structures and debris no later than July 20 or January 16, respectively.

(8) The fireworks stand operator shall not permit the discharge of fireworks within twenty-five (25) feet of the stand.

(9) The stand operator shall not allow any rubbish to accumulate in or around the stand causing a fire nuisance.

(10) Only noncombustible waste containers shall be permitted within the stand.

(11) Fireworks shall not be left in the stand when it is not open for business unless the stand is locked or secured. If fireworks are not stored in the stand they shall be stored in compliance with section 39-2608, Idaho Code.

(12) Notice as provided by the authority having jurisdiction cautioning each person purchasing fireworks of the prohibitions, liabilities and penalties incorporated in this chapter shall be posted at all retail locations.

(13) The authority having jurisdiction may charge a one (1) time inspection fee of twenty-five dollars ($25.00) for inspection of a temporary fireworks stand.

History:

[39-2607, added 1997, ch. 246, sec. 2, p. 713.]
Idaho Code § 39-3525 — Idaho Code / Title 39 / Chapter 35 / Section 39-3525
39-3525 EFFECT OF REVOCATION OF A CERTIFICATE OR DENIAL OF AN APPLICATION.
Status: in_force

39-3525. Effect of revocation of a certificate or denial of an application. The department is not required to review the application of an applicant who has had a certificate revoked or previous application denied until five (5) years have elapsed from the date of revocation or denial or from the date of a final appeals decision affirming the department's action, whichever is later.

History:

[39-3525, added 2024, ch. 63, sec. 34, p. 326.]
Idaho Code § 39-1115 — Idaho Code / Title 39 / Chapter 11 / Section 39-1115
39-1115 MISDEMEANOR.
Status: in_force

39-1115. Misdemeanor. (1) It shall be a misdemeanor to operate a daycare facility within this state without first obtaining a basic daycare license from the department unless otherwise exempted by this chapter.

(2) If a daycare facility is found to be operating without a license, the licensing agency may grant a grace period of no more than sixty (60) days to allow the daycare facility to come into compliance with the provisions of this chapter.

(3) It shall be a misdemeanor to operate a family daycare home caring for four (4) or more children without obtaining and passing the criminal history check required in section 39-1105, Idaho Code; provided, that in the event of an initial citation for violation of the provisions of this subsection, if a person makes the applications required within twenty (20) days, the complaint shall be dismissed.

(4) It is a misdemeanor for any person to provide daycare services if such person has been found guilty in this state's courts, in any other state's courts, or in any federal court, of any offense listed under the provisions of section 39-1113, Idaho Code.

History:

[39-1115, added 1987, ch. 56, sec. 1, p. 97; am. 1992, ch. 90, sec. 4, p. 281; am. 2009, ch. 295, sec. 15, p. 881; am. 2025, ch. 185, sec. 9, p. 866.]
Idaho Code § 39-411 — Idaho Code / Title 39 / Chapter 4 / Section 39-411
39-411 COMPOSITION OF DISTRICT BOARD — QUALIFICATIONS OF MEMBERS — APPOINTMENT AND REMOVAL — TERMS — SELECTION OF OFFICERS — BOARD OF TRUSTEES OF DISTRICT BOARDS OF HEALTH.
Status: in_force

39-411. Composition of district board — Qualifications of members — Appointment and removal — Terms — selection of officers — board of trustees of district boards of health. (1) For those districts comprised of:

(a) Fewer than eight (8) counties, the district board of health shall consist of seven (7) members to be appointed by the boards of county commissioners within each district acting jointly, and each board of county commissioners may appoint a board member.

(b) Eight (8) counties, the district board of health shall consist of not fewer than eight (8) members nor more than nine (9) members, and each board of county commissioners may appoint a board member.

(2) Each member of the district board of health shall be a citizen of the United States, a resident of the state of Idaho and the public health district for one (1) year immediately last past, and a qualified elector. One (1) member of the district board, if available to serve, shall be a physician licensed by the Idaho state board of medicine. All members shall be chosen with due regard to their knowledge and interest in public health and in promoting the health of the citizens of the state and the public health district. Representation shall be assured from rural as well as urban population groups.

(3) All appointments to the district board shall be confirmed by a majority vote of all the county commissioners of all the counties located within the public health district. Any member of the district board may be removed by majority vote of all the county commissioners of all the counties located within the district.

(4) The members of the district board of health shall be appointed for a term of five (5) years, subject to reappointment; and vacancies on the board for an unexpired term shall be filled for the balance of the unexpired term. Notwithstanding any provision of this section as to term of appointment, if a board member is an appointee for a board of county commissioners, and if that board member is an elected county commissioner and leaves office prior to the expiration of the term on the district board of health, the board of county commissioners may declare the position vacant and may appoint another currently elected county commissioner to fill the unexpired portion of the term of that board member.

(5) The members of the district board, each year, shall select a chairman, a vice chairman and a trustee. The trustee shall represent the district board as a member of the board of trustees of the Idaho district boards of health.

(6) The board of trustees of the Idaho district boards of health shall have authority to allocate appropriations from the legislature to the health districts. Such authority is limited to the development and administration of formulas for the allocation of legislative appropriations. Any formula adopted by the board of trustees must be in use, without alteration, for at least two (2) years; provided that during the two (2) year period, the formula may be changed if an emergency occurs, the emergency is declared and there is a unanimous vote of the board of trustees to make the emergency formula change. All proceedings of the board of trustees shall be subject to the provisions of chapter 2, title 74, Idaho Code.

History:

[39-411, added 1970, ch. 90, sec. 4, p. 218; am. 1972, ch. 159, sec. 1, p. 352; am. 1973, ch. 29, sec. 3, p. 56; am. 1984, ch. 38, sec. 1, p. 64; am. 1986, ch. 63, sec. 3, p. 181; am. 1992, ch. 122, sec. 1, p. 400; am. 1999, ch. 61, sec. 1, p. 158; am. 2007, ch. 163, sec. 1, p. 489; am. 2010, ch. 287, sec. 1, p. 768; am. 2018, ch. 296, sec. 1, p. 700; am. 2021, ch. 336, sec. 3, p. 1021.]
Idaho Code § 39-1392g — Idaho Code / Title 39 / Chapter 13 / Section 39-1392g
39-1392g MEDICAL STAFF MEMBERSHIP AND PRIVILEGES.
Status: in_force

39-1392g. Medical staff membership and privileges. (1) Except as specifically provided in subsection (2) of this section, nothing in this section shall in any way change the authority of the governing body of any health care organization to make such rules, regulations, standards or qualifications for medical staff membership as it, in its discretion, may deem necessary or advisable, or to grant or refuse membership on a medical staff.

(2) An applicant for medical staff membership or privileges in a health care organization that has an organized medical staff, an applicant for reappointment to the medical staff of such health care organization, or a current member of the medical staff of such health care organization shall not be denied medical staff membership or privileges, nor shall membership or privileges be withdrawn, revoked, suspended or limited by such health care organization for the reason that:

(a) The applicant or current member of the medical staff holds an ownership interest in one (1) or more competing health care organizations;

(b) The applicant or current member of the medical staff is affiliated with one (1) or more competing health care organizations; or

(c) The applicant or current member of the medical staff is a competitor of one (1) or more members of the medical staff.

(3) Nothing in this section shall require a health care organization to grant privileges to an applicant for services that are subject to an exclusive contract or not offered in that facility.

(4) Nothing in this section shall be interpreted as changing the privilege, confidentiality, discoverability and admissibility of the information and records granted in section 39-1392b, Idaho Code.

History:

[39-1392g, added 2012, ch. 167, sec. 1, p. 447.]
Idaho Code § 39-607 — Idaho Code / Title 39 / Chapter 6 / Section 39-607
39-607 PENALTIES FOR VIOLATIONS.
Status: in_force

39-607. Penalties for violations. Any person who shall violate any lawful rule or regulation made by the state board of health and welfare, pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any public health authority, pursuant to the authority granted in this chapter, or any person who, knowing that he or she is infected with syphilis, gonorrhea or chancroid, exposes another person to the infection of such disease, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not more than three hundred dollars ($300) or by imprisonment in the county jail for not more than six (6) months; or by both such fine and imprisonment.

History:

[(39-607) 1921, ch. 200, sec. 8, p. 406; I.C.A., sec. 38-507; am. 1945, ch. 55, sec. 1, p. 71; am. 1974, ch. 23, sec. 99, p. 633; am. 1988, ch. 45, sec. 4, p. 52.]
Idaho Code § 39-1335 — Idaho Code / Title 39 / Chapter 13 / Section 39-1335
39-1335 TAX LEVY TO PAY INTEREST ON BONDS AND OTHER OBLIGATIONS.
Status: in_force

39-1335. Tax levy to pay interest on bonds and other obligations. In addition to the taxes hereinbefore provided for, the said board shall have the authority to levy and collect taxes as herein provided in each year sufficient to promptly pay in full, when due, all interest on the principal of bond and other obligations of the district authorized as provided by sections 39-1338 and 39-1339 of this act.

History:

[39-1335, added 1965, ch. 173, sec. 18, p. 340.]
Idaho Code § 39-7906 — Idaho Code / Title 39 / Chapter 79 / Section 39-7906
39-7906 DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES.
Status: in_force

39-7906. Director may make rules and contract with other agencies. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter.

(2) The director may enter into contracts, agreements, memorandums and other arrangements with federal, state and local agencies to carry out the purposes of this chapter.

History:

[39-7906, added 2000, ch. 268, sec. 1, p. 760.]
Idaho Code § 39-1213 — Idaho Code / Title 39 / Chapter 12 / Section 39-1213
39-1213 LICENSING AUTHORITY.
Status: in_force

39-1213. Licensing authority. (1) The board of health and welfare is hereby authorized and directed to establish procedures for licensing foster homes, children's agencies, children's therapeutic outdoor programs and children's residential care facilities which are maintained and operated in conformity with the rules and standards authorized herein. Such procedures shall include the manner and form for making application for license, investigation upon application and notice of decision.

(2) It is recognized that children's agencies may have their own procedure for approval of foster homes affiliated with their program. Any foster home which has been approved by a licensed children's agency shall be exempt from the licensing provisions of this chapter, provided that the standards for approval by such agency are no less restrictive than rules and standards established by the board of health and welfare, and provided further that such children's agency is maintained and operated in conformity with rules and standards of the board of health and welfare. The board of health and welfare may promulgate rules necessary to implement the provisions of this section.

(3) The board of health and welfare is hereby authorized to establish rules allowing for continued care for appropriate individuals eighteen (18) to twenty-three (23) years of age who have been receiving services by, through, or with the authorization of the department of health and welfare or the department of juvenile corrections prior to their eighteenth birthday.

History:

[39-1213, added 1963, ch. 320, sec. 6, p. 901; am. 1974, ch. 23, sec. 116, p. 633; am. 1980, ch. 302, sec. 1, p. 780; am. 1990, ch. 215, sec. 15, p. 576; am. 2001, ch. 93, sec. 10, p. 240; am. 2002, ch. 219, sec. 5, p. 602; am. 2025, ch. 142, sec. 4, p. 723.]
Idaho Code § 39-7701 — Idaho Code / Title 39 / Chapter 77 / Section 39-7701
39-7701 LEGISLATIVE FINDINGS.
Status: in_force

39-7701. Legislative findings. The legislature of the state of Idaho finds that access to high quality health care services is a concern of all persons. However, access to such services is severely limited for some residents of the state, particularly those who reside in remote, rural areas or in the urban areas. Physicians and other health care professionals have traditionally worked to assure broad access to health care services and many are willing to volunteer their services to address the health care needs of Idahoans who may otherwise not be able to obtain such services. The public policy of this state is to encourage and facilitate voluntary provision of health care services.

History:

[39-7701, added 1998, ch. 295, sec. 1, p. 976.]
Idaho Code § 39-5503 — Idaho Code / Title 39 / Chapter 55 / Section 39-5503
39-5503 PROHIBITIONS — EXCEPTIONS.
Status: in_force

39-5503. Prohibitions — Exceptions. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety:

(a) Bars;

(b) Retail businesses primarily engaged in the sale of tobacco or tobacco products;

(c) Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or any facility that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function;

(d) Guest rooms in hotels, motels, bed and breakfast lodging facilities, and other similar lodging facilities, designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking may be permitted;

(e) Theatrical production sites, if smoking is an integral part of the story in the theatrical production;

(f) Areas of owner-operated businesses, with no employees other than the owner-operators, that are not commonly open to the public;

(g) Any office or business, other than child care facilities, located within the proprietor's private home when all such offices and/or businesses occupy less than fifty percent (50%) of the total area within the private home;

(h) Idaho state veterans homes, established pursuant to section 66-901, Idaho Code, that permit smoking in designated areas, provided that physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas; and

(i) A designated employee breakroom established by a small business owner employing five (5) or fewer employees, provided that all of the following conditions are met:

(i) The breakroom is not accessible to minors;

(ii) The breakroom is separated from other parts of the building by a floor to ceiling partition;

(iii) The breakroom is not the sole means of entrance or exit to the establishment or its restrooms and is located in an area where no employee is required to enter as part of the employee's work responsibilities. For purposes of this paragraph, the term "work responsibilities" does not include custodial or maintenance work performed in a breakroom when it is unoccupied; and

(iv) "Warning: Smoking Permitted" signs are prominently posted in the smoking breakroom and properly maintained by the employer. The letters on such signs shall be at least one (1) inch in height.

(2) This section shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers.

(3) Nothing in this section shall prohibit an employer from prohibiting smoking in an enclosed place of employment.

History:

[39-5503, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 3, p. 1168; am. 2005, ch. 96, sec. 1, p. 315; am. 2007, ch. 272, sec. 1, p. 799.]
Idaho Code § 39-3326 — Idaho Code / Title 39 / Chapter 33 / Section 39-3326
39-3326 MEDICATIONS.
Status: in_force

39-3326. Medications. The medication policy governed by the policy and procedure of the facility shall include a policy permitting, under the conditions specified, a licensed nurse to fill individual dose systems such as blister pack, mediset, or other system approved by the department and label with the name, dosage, amount, time to be taken, and special instructions if appropriate. The policy shall provide for appropriate records to maintain security of medications received from a pharmacist in accordance with pharmacy standards. Facilities may choose to use bulk containers for over-the-counter medications.

History:

[39-3326, added 2005, ch. 280, sec. 20, p. 894; am. 2025, ch. 208, sec. 13, p. 945.]
Idaho Code § 39-7601 — Idaho Code / Title 39 / Chapter 76 / Section 39-7601
39-7601 AUTHORIZATION OF LOANS.
Status: in_force

39-7601. Authorization of loans. The director is hereby authorized to make loans at or below market interest rates, as funds are available, to any eligible public water system to assist the public water system or which will facilitate their compliance with national primary drinking water regulations applicable to the system or to otherwise significantly further the health protection objectives of this chapter.

History:

[39-7601, added 1997, ch. 26, sec. 2, p. 40.]
Idaho Code § 39-8907 — Idaho Code / Title 39 / Chapter 89 / Section 39-8907
39-8907 IMPLEMENTATION.
Status: in_force

39-8907. Implementation. (1) The state fire marshal may promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, the administrative procedure act, necessary to effectuate the purposes of this chapter.

(2) The state tax commission in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under chapter 25, title 63, Idaho Code, may inspect the cigarettes to determine if the cigarettes are marked as required in section 39-8905, Idaho Code. If the cigarettes are not marked as required, the state tax commission shall notify the state fire marshal.

History:

[39-8907, added 2008, ch. 278, sec. 1, p. 798.]
Idaho Code § 39-2801A — Idaho Code / Title 39 / Chapter 28 / Section 39-2801A
39-2801A AUTHORIZATION TO FORM ABATEMENT DISTRICTS.
Status: in_force

39-2801A. Authorization to form abatement districts. There may be formed, under the provisions of this chapter, districts for the abatement of mosquitoes or other vermin of public health and welfare importance, in any area of the state from territory of one (1) or more counties, one (1) or more cities or towns, or any combination or portion thereof. No district shall contain noncontiguous areas except where a noncontiguous area of land consisting of not less than forty (40) contiguous acres, is separated from the district by public property owned by the federal, state or local government, such noncontiguous land may be included in the district by election or agreement of the private property owners. Any abatement district formed under this chapter, including an interim district formed under the provisions of section 39-2812, Idaho Code, shall be governed by the provisions of section 39-2804, Idaho Code.

History:

[(39-2801A) 39-2801, added 1959, ch. 81, sec. 1, p. 186; am. & redesig. 2007, ch. 188, sec. 3, p. 548.]
Idaho Code § 39-4109A — Idaho Code / Title 39 / Chapter 41 / Section 39-4109A
39-4109A MASS TIMBER CONSTRUCTION.
Status: in_force

39-4109A. mass timber construction. By January 1, 2022, the Idaho building code board shall amend the current Idaho building code to include the provisions of the 2021 International Building Code relating to mass timber construction. This must include permitting the three (3) new mass timber construction types IV-A, IV-B, and IV-C, along with the corresponding maximum heights and fire safety features.

History:

[39-4109A, added 2021, ch. 244, sec. 1, p. 761.]
Idaho Code § 39-6111B — Idaho Code / Title 39 / Chapter 61 / Section 39-6111B
39-6111B CRITERIA FOR THE NATIONAL INTEREST WAIVER PETITIONING PHYSICIAN.
Status: in_force

39-6111B. criteria for the national interest waiver petitioning physician. The national interest waiver petitioning physician must:

(1)(a) Provide direct patient care full time; and

(b) Be trained in:

(i) Family medicine;

(ii) Internal medicine;

(iii) Pediatrics;

(iv) Obstetrics and gynecology;

(v) General surgery;

(vi) Psychiatry and its subspecialties; or

(vii) Other specialties licensed or eligible for licensure by the Idaho board of medicine, if there is a demonstrated need by the applicant organization.

(2) Apply and be eligible for an active Idaho medical license. The physician may be participating in an accredited residency program for this application, but must have successfully completed the third year of his residency training program for his employment contract to be activated. The physician must have an unrestricted license to practice in the state of Idaho and be board-certified or eligible in his respective medical specialty at the commencement of employment. A copy of the acknowledgment of receipt form from the state board of medicine must be included in the waiver request.

(3) Agree with all provisions of the employment contract as described in section 39-6109A, Idaho Code. Other negotiable terms of the contract are between the physician and the hiring agency.

(4)(a)(i) Agree to work full time for no less than five (5) years in an area of underservice in the state of Idaho unless the physician qualifies for the three (3) year service provision under the applicable national interest waiver rules and regulations or the physician is transferring from another area of underservice;

(ii) Provide health care to medicare and medicaid beneficiaries; and

(iii) Serve all individuals within a shortage designation population, including low-income and uninsured individuals; or

(b) Serve the population of a local, state or federal governmental institution or corrections facility as an employee of the institution.

History:

[(39-6111B) 39-6111A, added 2009, ch. 106, sec. 13, p. 333; am. 2014, ch. 61, sec. 3, p. 146; am. and redesig. 2017, ch. 72, sec. 10, p. 178; am. 2023, ch. 31, sec. 8, p. 155.]
Idaho Code § 39-8110 — Idaho Code / Title 39 / Chapter 81 / Section 39-8110
39-8110 LIMITATION OF LIABILITY — NOTES AND BONDS ARE NOT A DEBT OF THE STATE.
Status: in_force

39-8110. Limitation of liability — Notes and bonds are not a debt of the state. The notes, bonds or other obligations of the financing authority are not an indebtedness or obligation of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic, or instrumentality of a municipality or county within the state, nor shall such notes, bonds or obligations of the financing authority constitute the giving or loaning of the credit of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic or instrumentality of a municipality or county within the state, nor shall they be payable out of any funds other than those of the financing authority; and the notes and bonds shall contain on the face thereof a statement to that effect.

History:

[39-8110, added 2001, ch. 371, sec. 2, p. 1307.]
Idaho Code § 39-253 — Idaho Code / Title 39 / Chapter 2 / Section 39-253
39-253 ACCOUNTING FOR FEES.
Status: in_force

39-253. Accounting for fees. Fees received from the certifications of such records, from a search of the files or for other services shall be accounted for as prescribed by the state controller.

History:

[(39-253) 1949, ch. 72, sec. 14, p. 117; am. 1974, ch. 23, sec. 68, p. 633; am. 1976, ch. 51, sec. 8, p. 175; am. and redesignated 1983, ch. 7, sec. 13, p. 29; am. 1994, ch. 180, sec. 71, p. 474.]
Idaho Code § 39-5710 — Idaho Code / Title 39 / Chapter 57 / Section 39-5710
39-5710 CONDUCT OF ENFORCEMENT ACTIONS.
Status: in_force

39-5710. Conduct of enforcement actions. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter in a manner that can reasonably be expected to significantly reduce the extent to which tobacco products and electronic smoking devices are sold or distributed to minors.

(2) Law enforcement agencies may conduct random, unannounced inspections at locations where tobacco products or electronic smoking devices are sold or distributed to ensure compliance with this chapter. A copy of all citations issued under this chapter shall be submitted to the department.

(3) The department shall conduct at least one (1) random, unannounced inspection per year at all locations where tobacco products or electronic smoking devices are sold or distributed at retail to ensure compliance with this chapter. The department shall conduct inspections for minor-exempt permittees without the assistance of a minor. The department shall conduct inspections for all other permittees with the assistance of a minor. Each year, the department shall conduct random, unannounced inspections equal to the number of permittees on the last day of the calendar year multiplied by the violation percentage rate reported for the previous year multiplied by a factor of ten (10). In no instance will the number of inspections exceed twice the number of permittees. Local law enforcement agencies are encouraged to contract with the department to perform these required inspections.

(4) Minors may assist with random, unannounced inspections, provided that minors under the age of eighteen (18) years must have the written consent of a parent or legal guardian. When assisting with these inspections, minors shall not provide false identification or make any false statement regarding their age.

(5) Citizens may file a written complaint of noncompliance of this chapter with the department or with a law enforcement agency. Permit holders under 26 U.S.C. 5712 may file written complaints relating to delivery sales to the department or the attorney general's offices. Complaints shall be investigated and the proper enforcement actions taken.

(6) Within a reasonable time, not later than two (2) business days after an inspection has occurred, a representative of the business inspected shall be informed in writing of the results of the inspection.

(7) The attorney general or his designee, or any person who holds a permit under 26 U.S.C. 5712, may bring an action in district court in Idaho to prevent or restrain violations of this chapter by any person or by any person controlling such person.

History:

[39-5710, added 1998, ch. 418, sec. 2, p. 1321; am. 2001, ch. 39, sec. 3, p. 75; am. 2003, ch. 159, sec. 2, p. 450; am. 2003, ch. 273, sec. 2, p. 729; am. 2012, ch. 39, sec. 6, p. 121; am. 2020, ch. 318, sec. 10, p. 911; am. 2022, ch. 113, sec. 5, p. 420; am. 2025, ch. 64, sec. 8, p. 308.]
Idaho Code § 39-7108 — Idaho Code / Title 39 / Chapter 71 / Section 39-7108
39-7108 NOTIFICATION OF RELEASE IS REQUIRED.
Status: in_force

39-7108. Notification of release is required. (1) Any person who has responsibility for reporting a release under the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 U.S.C. 9603, shall, as soon as practicable after he has knowledge of any such reportable release other than a permitted release or as exempted in section 39-7108(3), Idaho Code, notify the military division of such release.

(2) Any person who has responsibility for reporting a release under the federal emergency planning and community right-to-know act, 42 U.S.C. 11001 et seq., shall as soon as practicable after he has knowledge of any such reportable release other than a permitted release notify the military division of such release.

(3) Any facility having a release reportable under section 39-7108(1), Idaho Code, shall not be required to report the release to the military division if the following circumstances are met:

(a) Such release is not reportable under subsection (2) of section 39-7108, Idaho Code.

(b) The facility has an approved private emergency response plan that details how such spills shall be responded to and reported.

This provision does not relieve the facility from any reporting required under other federal statutory, regulatory or other permit authorities.

(4) The military division shall immediately notify the department of environmental quality of any release reported to the military division. Such reporting to the military division shall fulfill all state reporting requirements for the department of environmental quality.

(5) Any person who does not notify the military division in accordance with the provisions of section 39-7108, Idaho Code, shall be liable for a civil penalty of a sum not to exceed one thousand dollars ($1,000) for each day the violation continues to a maximum of twenty-five thousand dollars ($25,000).

(6) No penalty pursuant to this section shall occur if an incident occurs on private property and results in no offsite environmental damage.

History:

[39-7108, added 1991, ch. 242, sec. 1, p. 588; am. 1997, ch. 121, sec. 5, p. 362; am. 2001, ch. 103, sec. 64, p. 302.]
Idaho Code § 39-8609 — Idaho Code / Title 39 / Chapter 86 / Section 39-8609
39-8609 RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT AND FOR PERIODIC TESTS.
Status: in_force

39-8609. Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person installing or altering a conveyance is responsible for its operation and maintenance until the division has issued an operating certificate for the conveyance. The owner is responsible for all tests of a new, relocated or altered conveyance until the division has issued an operating permit for the conveyance.

(2) The owner shall be responsible for the safe operation and proper maintenance of the conveyance after the division has issued the operating certificate and also during the period of effectiveness of any temporary operating permit. The owner shall be responsible for assuring that all required periodic tests are performed by a QEI as defined in this chapter.

History:

[39-8609, added 2004, ch. 359, sec. 1, p. 1070.]
Idaho Code § 39-5207 — Idaho Code / Title 39 / Chapter 52 / Section 39-5207
39-5207 ORGANIZATION OF COUNCIL — EMPLOYMENT OF NECESSARY PERSONNEL.
Status: in_force

39-5207. Organization of council — Employment of necessary personnel. (1) The council shall annually designate one (1) of its members to serve as chairman and one (1) member to serve as vice chairman, who shall act as chairman in the chairman's absence. The chairman shall call meetings as provided in the rules of the council.

(2) The council shall adopt and amend rules governing its proceedings, activities and organization including, but not limited to, provisions governing a quorum, procedure, frequency and location of meetings, and establishment, functions and membership of council committees.

(3) The council may employ and shall fix the compensation, subject to provisions of chapter 53, title 67, Idaho Code, of such personnel as may be necessary including, but not limited to, an administrator, who shall be designated as the executive director of the council and who shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

History:

[39-5207, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 4, p. 1162.]
Idaho Code § 39-1004 — Idaho Code / Title 39 / Chapter 10 / Section 39-1004
39-1004 LABORATORY REPORT OF TEST.
Status: in_force

39-1004. Laboratory report of test. The laboratory analyzing the blood sample shall furnish to the physician offering the sample a detailed report of the standard serological test, and including the result of the test. If the laboratory is not operated by the state department of health and welfare, a copy of such report shall be filed with the department. The report shall be held in absolute confidence, and shall not be open to public inspection.

History:

[39-1004, added 1943, ch. 26, sec. 4, p. 53; am. 1974, ch. 23, sec. 112, p. 633.]
Idaho Code § 39-9802 — Idaho Code / Title 39 / Chapter 98 / Section 39-9802
39-9802 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-9802. legislative findings and intent. (1) The legislature finds that:

(a) Idaho families have a constitutionally protected liberty interest in companionship and society with one another;

(b) The access of patients and residents in certain facilities to their family, friends, advocates, clergy, and advisers has been at times severely curtailed;

(c) Involuntary isolation has deleterious effects on a person's health and well-being, and such effects can be severe and even deadly for persons already in a frail state of health; and

(d) No person should be required to surrender the ability to associate simply because the person needs care.

(2) In enacting this chapter, it is the intent of the legislature to guarantee and protect the right of Idahoans to be visited by essential caregivers of their choosing when staying in a health care or assistance facility. The provisions of this chapter should be broadly construed in the light most favorable to serving this intent.

History:

[(39-9802) 39-9702, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910; am. 2024, ch. 241, sec. 2, p. 861.]
Idaho Code § 39-4104 — Idaho Code / Title 39 / Chapter 41 / Section 39-4104
39-4104 ENFORCEMENT OF LAW.
Status: in_force

39-4104. Enforcement of law. The administrator of the division of occupational and professional licenses shall enforce the provisions of this chapter that apply to the state. Local governments that adopt building codes shall enforce all of the provisions of this chapter that govern application by local governments.

History:

[39-4104, added 1975, ch. 180, sec. 2, p. 486; am. 1996, ch. 421, sec. 26, p. 1423; am. 2002, ch. 345, sec. 6, p. 966; am. 2004, ch. 272, sec. 2, p. 759; am. 2023, ch. 15, sec. 9, p. 79.]
Idaho Code § 39-5704 — Idaho Code / Title 39 / Chapter 57 / Section 39-5704
39-5704 PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS.
Status: in_force

39-5704. Permitting of tobacco products or electronic smoking devices retailers. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices with the intention of selling at retail without having first obtained a tobacco product or electronic smoking device permit from the department, which shall be the only retail tobacco product or electronic smoking device permit or license required. Provided however, this section shall not be deemed to require a wholesaler or manufacturer's representative or employees who, in the course of their employment, stock shelves and replenish tobacco products or electronic smoking devices at a permittee's place of business to obtain a permit.

(2) The department shall administer the permitting of tobacco product or electronic smoking device retailers and shall be authorized to ensure compliance with this chapter.

(3)(a) Permits shall be issued annually for each permanent business location to ensure compliance with the requirements of this chapter. A copy of signage required by this chapter, and any other materials deemed necessary shall be provided with each permit issued.

(b) Permits for each mobile cigar retailer shall be issued annually to a specific mobile unit identified by a vehicle identification number or other unique serial number. A single permit shall authorize the retailer to operate at various temporary locations throughout the state.

(4) A separate permit must be obtained for each place of business or mobile unit and is nontransferable to another person, business, or location.

(5) The applicant shall select one (1) or more permit endorsements and make the permit available upon request.

(6) A permittee may display a sign in each location within a place of business where tobacco products or electronic smoking devices are sold or distributed. A sign may be clearly visible to the customer and the seller and shall state: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS. PROOF OF AGE REQUIRED. ANYONE WHO SELLS OR DISTRIBUTES TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A PERSON UNDER THE AGE OF TWENTY-ONE (21) YEARS IS SUBJECT TO STRICT FINES AND PENALTIES. PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS ARE SUBJECT TO FINES AND PENALTIES."

(a) For a mobile cigar retailer, the sign described in this subsection and required permit shall be permanently affixed to the interior or exterior of the mobile unit in a location readily visible to patrons.

(b) When performing on-site cigar rolling services or operating a designated cigar garden at various temporary locations, the permittee shall display temporary signage at the specific point of distribution or entry. Such signage shall be clearly visible to both the customer and the seller and include the language provided in this subsection.

(7) Permittees are responsible to educate employees as to the requirements of this chapter and retain forms signed by each employee stating that the employee understands such requirements.

(8) It shall be unlawful for the permittee to allow employees who are minors to sell or distribute tobacco products or electronic smoking devices, except as provided in this subsection. Employees who are minors may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for such duties as stocking shelves or carrying purchases to customers' vehicles, and employees who are eighteen (18) years to twenty (20) years of age may sell or distribute tobacco products or electronic smoking devices in the course and scope of their employment.

(9) A permit shall be closed when the permittee closes the business, no longer sells tobacco or electronic smoking device products, moves to a different physical location, or sells the business.

(10) A permit shall be revoked when it is determined that a permit was fraudulently obtained to avoid penalties on an existing permit.

(11) All permits expire annually at midnight on December 31 unless renewed. The department shall mail notice of renewal for permits at least ninety (90) days prior to expiration.

History:

[39-5704, added 1998, ch. 418, sec. 2, p. 1318; am. 2020, ch. 318, sec. 4, p. 908; am. 2022, ch. 113, sec. 3, p. 418; am. 2025, ch. 64, sec. 5, p. 306; am. 2026, ch. 279, sec. 2, p. 1170.]
Idaho Code § 39-1452 — Idaho Code / Title 39 / Chapter 14 / Section 39-1452
39-1452 EXEMPTION FROM TAXATION — SECURITIES LAW.
Status: in_force

39-1452. Exemption from taxation — Securities law. The authority is hereby declared to be performing a public function for the benefit of the people of the state for the improvement of their health and living conditions and to be a public instrumentality of the state. Accordingly, the income or other revenues of the authority, and all properties at any time owned by the authority, and any bonds, notes, or other obligations issued under this act, their transfer and income therefrom, including any profit made on the sale thereof, shall be exempt at all times from all taxation in the state of Idaho. Also, bonds issued by the authority shall be exempt from the uniform securities act, chapter 14, title 30, Idaho Code, or any amendments thereto.

History:

[39-1452, added 1972, ch. 134, sec. 12, p. 286; am. 1973, ch. 178, sec. 11, p. 393; am. 2004, ch. 45, sec. 5, p. 227.]
Idaho Code § 39-8803 — Idaho Code / Title 39 / Chapter 88 / Section 39-8803
39-8803 DEFINITIONS.
Status: in_force

39-8803. Definitions. As used in this chapter:

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

(2) "Board of trustees" means the board of trustees established in section 41-4904, Idaho Code.

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

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

(5) "Underground storage tank system" means underground storage tank as defined by 42 U.S.C. 6991(10).

History:

[39-8803, added 2007, ch. 29, sec. 1, p. 58.]
Idaho Code § 39-1603 — Idaho Code / Title 39 / Chapter 16 / Section 39-1603
39-1603 POWERS AND DUTIES OF BOARD.
Status: in_force

39-1603. Powers and duties of board. The board of health and welfare shall promulgate rules governing:

(1) The establishment and control of sanitation standards for food establishments;

(2) The issuance, suspension and revocation of licenses;

(3) The review of plans and specifications prior to construction or alteration of food establishments;

(4) The procedure and scope of inspections to determine compliance with the standards and rules adopted under this chapter;

(5) The criteria for the examination, embargo and destruction of food in compliance with section 37-118, Idaho Code; and

(6) The establishment of a grading system for food establishments to be used at local option.

History:

[39-1603, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 3, p. 549.]
Idaho Code § 39-3702 — Idaho Code / Title 39 / Chapter 37 / Section 39-3702
39-3702 EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE, ORGAN, FLUID DONATION SERVICES.
Status: in_force

39-3702. Exclusion or modification of warranties on anatomical tissue, organ, fluid donation services. The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, blood derivatives, bodily tissue, tissue products, organs, parts of organs or products derived therefrom for the purpose of injecting, transfusing or transplanting the same, or any of them, into the human body for any purpose whatsoever is declared to be the rendering of a service by any person or entity (except a paid blood, organ or tissue donor, or a blood, organ or tissue bank operated for profit) participating therein and does not constitute a sale, whether or not any consideration is given therefor, and the implied warranties of merchantability and fitness for a particular purpose shall not be applicable as to a defect that cannot be detected or removed by reasonable use of standard established scientific procedures or techniques, except such person or entity shall remain liable for his or its own negligence or willful misconduct only.

History:

[I.C., sec. 39-3702, as added by 1971, ch. 24, sec. 2, p. 60; am. 1987, ch. 148, sec. 2, p. 295.]
Idaho Code § 39-5304 — Idaho Code / Title 39 / Chapter 53 / Section 39-5304
39-5304 REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS.
Status: in_force

39-5304. Reporting requirements, investigation, emergency access. (1) When a report is made by an individual or required pursuant to this chapter, such report shall be made to the commission or appropriate provider. If known, the report shall contain:

(a) The name and address of the vulnerable adult, the caregiver, and the alleged perpetrator;

(b) The nature and extent of the suspected maltreatment; and

(c) Any other information that will be of assistance in the investigation.

(2) The timing of the initiation of APS investigations shall be determined based on factors provided in the APS report. Such factors may include but are not limited to the potential for immediate danger or harm to an individual, the current location of the alleged vulnerable adult, and the nature of the allegations.

(3) The APS investigation shall include a determination of the nature, extent, and cause of the maltreatment, examination of evidence and consultation with persons thought to have knowledge of the circumstances, and identification, if possible, of the person alleged to be responsible for the maltreatment of the vulnerable adult.

(4) The commission or APS provider may determine that an interview with the vulnerable adult is not necessary to the investigation or not possible. If the commission or APS provider determines that an interview is necessary, the preferred method of interviewing is a personal visit with the vulnerable adult in the adult's dwelling. Alternatively, the interview may occur in the local office of the commission or APS provider, or by telephone conversation, or by any other means available to the commission or APS provider. Decisions regarding the method of conducting any interview will be within the discretion of the commission or APS provider.

(5) Upon completion of an APS investigation, the commission or APS provider shall prepare a final report of the investigation. If the vulnerable adult maltreatment is substantiated, the final report will be made to law enforcement pursuant to section 39-5310, Idaho Code. If the vulnerable adult maltreatment is substantiated to have occurred in a state-certified or state-licensed facility, a copy of the findings shall be sent to the licensing and certification office of the department. All records pertaining to APS investigations are held confidential in accordance with section 39-5307, Idaho Code, and federal law.

History:

[39-5304, added 1991, ch. 329, sec. 5, p. 850; am. 1996, ch. 78, sec. 3, p. 248; am. 1998, ch. 308, sec. 5, p. 1022; am. 2000, ch. 104, sec. 2, p. 232; am. 2000, ch. 274, sec. 120, p. 857; am. 2001, ch. 79, sec. 1, p. 199; am. 2019, ch. 43, sec. 4, p. 119; am. 2023, ch. 158, sec. 5, p. 431.]
Idaho Code § 39-2103 — Idaho Code / Title 39 / Chapter 21 / Section 39-2103
39-2103 PENALTIES FOR VIOLATION.
Status: in_force

39-2103. Penalties for violation. If any person or persons, partnership or corporation, shall violate any of the provisions of this chapter, such person or persons, the members of such partnership, or the officers or agents of such corporation, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, in the discretion of the court.

History:

[(39-2103) 1907, p. 314, sec. 3; reen. R.C. & C.L., sec. 1557; C.S., sec. 2595; I.C.A., sec. 38-1503.]
Idaho Code § 39-9403 — Idaho Code / Title 39 / Chapter 94 / Section 39-9403
39-9403 DEFINITIONS.
Status: in_force

39-9403. definitions. As used in this chapter:

(1) "Eligible patient" or "patient" means an individual who has a terminal illness and has:

(a) Considered all other treatment options currently approved by the United States food and drug administration;

(b) Received a recommendation from the patient's treating physician for an investigational drug, biological product or device for purposes related to the terminal illness;

(c) Given written, informed consent for the use of the recommended investigational drug, biological product or device; and

(d) Received documentation from the eligible patient's treating physician that the eligible patient meets the requirements of this subsection.

(2) "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States food and drug administration and remains under investigation in a United States food and drug administration-approved clinical trial.

(3) "Terminal illness" means a progressive disease or medical or surgical condition that:

(a) Entails functional impairment that significantly impacts the patient's activities of daily living;

(b) Is not considered by a treating physician to be reversible even with administration of current United States food and drug administration-approved and available treatments; and

(c) Without life-sustaining procedures, will soon result in death.

(4) "Written, informed consent" means a written document that is signed by the eligible patient and, if the patient is a minor, a parent or legal guardian, which document is attested to by the patient's physician and a witness and that includes the following:

(a) An explanation of the currently approved products and treatments for the disease or condition from which the patient suffers;

(b) An attestation that the patient concurs with the patient's physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life;

(c) Clear identification of the specific proposed investigational drug, biological product or device that the patient is seeking to use;

(d) A description of the potentially best and worst outcomes of using the investigational drug, biological product or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;

(e) A statement that the patient's health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product or device unless specifically required to do so by law or contract;

(f) A statement that the patient's eligibility for hospice care might be withdrawn if the patient begins curative treatment with the investigational drug, biological product or device and that care may be reinstated if the treatment ends and the patient meets hospice eligibility requirements; and

(g) A statement that the patient understands that the patient is responsible for all expenses consequent to the use of the investigational drug, biological product or device and that this liability extends to the patient's estate unless a contract between the patient and the manufacturer of the drug, biological product or device states otherwise.

History:

[(39-9403) 39-9303, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]
Idaho Code § 39-7908 — Idaho Code / Title 39 / Chapter 79 / Section 39-7908
39-7908 SITE REVIEW PANELS ESTABLISHED.
Status: in_force

39-7908. Site review panels established. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection.

(2) A panel shall consist of eight (8) members to be appointed as follows:

(a) Three (3) members shall be the director of the department of environmental quality or his designee, the director of the department of water resources or his designee, and the director of the department of agriculture or his designee.

(b) One (1) member shall be a public member appointed by the governor. The public member shall be an environmental professional, shall serve as chairman of the panel and shall be a voting member. A member who is a public member shall be appointed to serve on site review panels only until the particular site application subject to their review is approved, or until the application is rejected and is no longer subject to their review.

(c) Two (2) members shall be appointed by the city council of the city located closest to, or in which the swine facility is proposed to be located or expanded, provided the governing body of the city has signified compliance with this chapter as provided in section 39-7903, Idaho Code. At least one (1) shall be a resident of the city. However, if two (2) cities are equidistant from the proposed or expanding swine facility, plus or minus five (5) miles, the city council of each city shall appoint one (1) member each to the site review panel, each of whom shall be a resident of the city appointing them. The members serving pursuant to this subsection shall serve until the particular site application subject to their review is approved or it is rejected and is no longer subject to their review.

(d) Two (2) members shall be appointed by the county commission and be residents of the county where the swine facility is proposed to be located or expanded, provided the board of county commissioners has signified compliance with this chapter as provided in section 39-7903, Idaho Code. The members serving pursuant to this subsection shall serve until the particular site application subject to their review is approved, or until the application is rejected and is no longer subject to their review.

(e) A person nominated to represent a city or county shall not have a conflict of interest, as that term is defined in section 74-403, Idaho Code, or derive any economic gain as that term is defined in section 74-403, Idaho Code, from the location of the proposed or expanding swine facility.

(3) The director shall notify the city council of the nearest city, or cities if two (2) cities are within five (5) miles of the site of the proposed facility, and the board of county commissioners in which the site is located, of a site application filed with the department and shall instruct the city or cities and county to appoint the necessary members to a panel.

(4) A majority of members of the panel shall constitute a quorum for the transaction of business of the panel and the concurrence of a majority of the panel shall constitute a legal action of the panel, provided that no meeting of the panel shall occur unless there are at least as many members present representing the city and county as there are representing the state and the public as appointed pursuant to subsections (2)(a) and (b) of this section. All meetings of the panel shall be conducted pursuant to the state open meeting law.

(5) The director shall make staff available to assist the panel in carrying out its responsibilities.

(6) Members of the panel who are not state employees shall be entitled to receive compensation as provided in section 59-509(b), Idaho Code.

History:

[39-7908, added 2000, ch. 268, sec. 1, p. 762; am. 2001, ch. 103, sec. 74, p. 315; am. 2015, ch. 141, sec. 99, p. 450.]
Idaho Code § 39-3425 — Idaho Code / Title 39 / Chapter 34 / Section 39-3425
39-3425 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Status: in_force

39-3425. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.

History:

[39-3425, added 2007, ch. 30, sec. 2, p. 73.]
Idaho Code § 39-279 — Idaho Code / Title 39 / Chapter 2 / Section 39-279
39-279 SEVERABILITY.
Status: in_force

39-279. 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 the remaining portions of this chapter.

History:

[39-279, added 2020, ch. 334, sec. 3, p. 973.]
Idaho Code § 39-1210A — Idaho Code / Title 39 / Chapter 12 / Section 39-1210A
39-1210A QUALITY OF CARE OVERSIGHT — INSPECTIONS AND INTERVIEWS — LICENSING.
Status: in_force

39-1210A. Quality of care oversight — Inspections and interviews — licensing. (1) The department shall assess the quality of care of all licensed children's residential care facilities. To assess the quality of care, the department shall:

(a) Conduct an annual unannounced inspection of each licensed residential care facility and additional inspections as warranted by substantiated complaints, serious incidents, prior deficiencies, significant operational changes, or patterns of noncompliance. The annual inspection shall include:

(i) Review of the facility's quality assurance program required by the department, including documentation demonstrating its implementation and effectiveness in meeting residents' individual safety needs and service plan. Accreditation reports issued by a nationally recognized accrediting organization may be accepted as evidence of compliance with this requirement; and

(ii) Review of the program description to ensure the facility's compliance with its approved program description and its capacity to serve the specific safety needs of each child.

(b) Conduct announced and unannounced interviews and surveys with children in the facility to identify strengths and weaknesses of the program and then integrate the children's feedback into the quality improvement and licensing review processes;

(c) Review adherence to the youth bill of rights; and

(d) Conduct other activities as it deems appropriate.

(2) As part of the licensing inspection process, the department shall conduct confidential, in-person interviews with a sample representative of current residents and facility staff selected exclusively by department personnel using an independent and objective process. Facility administrators or staff shall not participate in the selection of interviewees. The department shall document the findings of these interviews and incorporate the results into its overall compliance assessment, quality review, and any required corrective action plan.

(3) Findings from inspections and interviews by the department that reveal violations of licensing requirements, the youth bill of rights, documentation requirements, or statutory protections shall be grounds for enforcement action, including corrective plans, sanctions, or referral to the child abuse reporting hotline or law enforcement as appropriate. Additionally, upon a finding of a violation, the department shall:

(a) Complete a critical incident report;

(b) Uphold standards for interview procedures, documentation, and confidentiality;

(c) Maintain the criteria for determining inspection frequency and scope; and

(d) Maintain timelines for follow-up inspections and compliance verifications.

History:

[39-1210A, added 2026, ch. 139, sec. 2, p. 659.]
Idaho Code § 39-3423 — Idaho Code / Title 39 / Chapter 34 / Section 39-3423
39-3423 COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION.
Status: in_force

39-3423. Cooperation between coroner and procurement organization. (1) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.

(2) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift and the removal will not interfere with any autopsy or investigation. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.

History:

[39-3423, added 2007, ch. 30, sec. 2, p. 73.]
Idaho Code § 39-4010 — Idaho Code / Title 39 / Chapter 40 / Section 39-4010
39-4010 WARRANTY BY MANUFACTURERS.
Status: in_force

39-4010. Warranty by manufacturers. Any person, firm, partnership, association or corporation constructing, in whole or in part, a manufactured home in this state, or constructing outside of this state but selling at retail in this state, shall issue a warranty in writing to the buyer containing the following terms:

(1) That the manufactured home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating and electrical systems and all appliances and other equipment installed or included therein or thereon by the manufacturer.

(2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident within one (1) year from the date of delivery of the manufactured home to the buyer, provided the buyer gives written notice of such defects to the manufacturer or dealer at their business address not later than one (1) year and ten (10) days after date of delivery.

The warranty provided herein shall be in addition to and not in derogation of any other right or privilege which the buyer may have as otherwise provided by law or instrument. The manufacturer shall not require the buyer to waive his rights under this section and any waiver shall be deemed contrary to public policy and shall be void and unenforceable. Any action instituted by a buyer for failure of the manufacturer to comply with the provisions of this act shall be considered as an action within the provisions of section 12-120, Idaho Code, providing for recovery of attorney fees.

History:

[I.C., sec. 39-4010, as added by S.L. 1972, ch. 173, sec. 1, p. 433; am. 1988, ch. 264, sec. 11, p. 528; am. 1995, ch. 267, sec. 8, p. 858.]
Idaho Code § 39-114 — Idaho Code / Title 39 / Chapter 1 / Section 39-114
39-114 OPEN BURNING OF CROP RESIDUE.
Status: in_force

39-114. Open burning of crop residue. (1) The open burning of crop residue to develop physiological conditions conducive to increase crop yields, or to control diseases, insects, pests or weed infestations, shall be an allowable form of open burning, such that it is expressly authorized as referenced in section 52-108, Idaho Code, as long as the open burning is conducted in accordance with the provisions of this section and the rules promulgated pursuant to this chapter.

(2) Crop residue means any vegetative material remaining in the field after harvest or vegetative material produced on designated conservation reserve program (CRP) lands.

(3) The open burning of crop residue shall be conducted in the field where it was generated. A burn may not take place without preapproval from the department. The department shall not approve a burn if it determines that ambient air quality levels:

(a) Are exceeding, or are expected to exceed, ninety percent (90%) of the ozone national ambient air quality standard (NAAQS) and seventy-five percent (75%) of the level of any other NAAQS on any day, and these levels are projected to continue or recur over at least the next twenty-four (24) hours; or

(b) Have reached, or are forecasted to reach and persist at, eighty percent (80%) of the one (1) hour action criteria for particulate matter pursuant to section 556 of IDAPA 58.01.01, rules for the control of air pollution in Idaho.

The department shall make available to the public, prior to the burn, information regarding the date of the burn, location, acreage and crop type to be burned. If the agricultural community desires to burn more than twenty thousand (20,000) acres annually of bluegrass within the state, that does not include Indian or tribal lands within the reservation boundaries as recognized by the federal clean air act, then, prior to approving the burning of the additional acres, the department shall complete an air quality review analysis to determine that the ambient air quality levels in this section will be met.

(4) A fee in an amount of two dollars ($2.00) per acre burned shall be paid to the department. This fee shall not apply to propane flaming, as defined in the rules promulgated pursuant to this chapter. The department shall remit all fees quarterly to the state treasurer, who shall deposit the moneys in the general fund.

History:

[39-114, added 2017, ch. 56, sec. 3, p. 87; am. 2019, ch. 32, sec. 1, p. 92.]
Idaho Code § 39-6106 — Idaho Code / Title 39 / Chapter 61 / Section 39-6106
39-6106 GENERAL REQUIREMENTS AND LIMITATIONS.
Status: in_force

39-6106. General requirements and limitations. (1) J-1 visa waiver or national interest waiver request. The department may only submit a waiver request when:

(a) The application contains all of the required information and documentation;

(b) The application meets all state and federal criteria;

(c) Foreign exchange physicians having a J-1 case number assigned by the United States department of state have paid all federal processing fees; and

(d) The applicant has paid the state of Idaho application processing fee.

(2) Limitations of department actions.

(a) Prior to submission of an application, the department may provide information to the applicant on preparing a complete application.

(b) The department will not be responsible for adding any information to incomplete application packets.

(c) For applicants who have benefited from department waiver requests previously, the applicant's history of compliance will be a consideration in future decisions for waiver requests.

(d) In any single program year, a health care facility will not be allotted more than five (5) J-1 visa waiver request applications per practice location.

(e) The shortage area designation must be current on the date the United States department of state reviews and recommends the application and on the date the immigration agency approves the J-1 visa waiver and national interest waiver. Any application that is being submitted to the department at the end of the three (3) year health professional shortage area designation cycle may be summarily denied if the renewal is not obtained.

(i) Participation by the department in the J-1 visa waiver program and in the national interest waiver program is completely discretionary and voluntary. The department may elect not to participate in the program at any time. The submission of a complete waiver application package does not ensure the department will recommend a waiver. The department reserves the right to recommend or decline any request for a waiver.

(ii) The department, its employees or agents are held harmless of any perceived consequence for the denial of a waiver petitioner or the approved placement of one that is not favorable.

(iii) Application procedures for J-1 visa waiver physician placements were developed by the department in compliance with P.L. 103-416 and subsequent revisions. The procedures for the issuance of national interest waiver recommendations were developed by the department in compliance with 8 CFR 214.12 and 8 CFR 245 and subsequent revisions. These procedures are subject to updates and changes at any time. Interpretation of these procedures rests solely with the department in consultation with the appropriate federal agencies.

History:

[39-6106, added 2004, ch. 128, sec. 1, p. 439; am. 2009, ch. 106, sec. 6, p. 327; am. 2017, ch. 72, sec. 3, p. 173; am. 2023, ch. 31, sec. 3, p. 151.]
Idaho Code § 39-3121 — Idaho Code / Title 39 / Chapter 31 / Section 39-3121
39-3121 DECLARATION OF POLICY.
Status: in_force

39-3121. DECLARATION OF POLICY. It is the policy of this state to provide treatment services for its citizens living with mental illness and/or substance use disorder, acknowledging that these illnesses cause intense human suffering and severe social and economic loss to the state. Recognizing that there is insufficient funding to meet the many needs of Idahoans with behavioral health disorders, it is critical that the behavioral health system efficiently use existing and future resources and increase accountability for services and funding. Additionally, the system needs to distinguish between and accommodate for the difference in the treatment and support services for children, youth, adults and the transitions between them. Regional behavioral health services, providing early and appropriate diagnosis and treatment, have proven to be effective in reducing the adverse impact of these disorders and valuable in creating the possibility of recovery. Families play a key role in the successful treatment of behavioral health disorders and provision of services. Participation by consumers and their families in system governance is critical to ensure ongoing system improvements. Acknowledging the policy of the state to provide behavioral health services to all citizens in need of such care, it is the purpose of this chapter to delegate to the state behavioral health authority the responsibility and authority to establish and maintain regional behavioral health services in order to extend appropriate mental health and substance use disorder treatment services to its citizens within all regions of the state.

History:

[39-3121, added 2014, ch. 43, sec. 2, p. 107.]
Idaho Code § 39-1340 — Idaho Code / Title 39 / Chapter 13 / Section 39-1340
39-1340 NOTICES OF ELECTION ON PROPOSED INDEBTEDNESS.
Status: in_force

39-1340. Notices of election on proposed indebtedness. When such election is ordered to be held, subject to the provisions of section 34-106, Idaho Code, the board shall direct the county clerk as provided in section 34-1406, Idaho Code, to give notice by publication once not less than twelve (12) days prior to the election and a second time not less than five (5) days prior to the election published in one (1) or more newspapers within the district, if a newspaper is published therein. Said notices shall recite the action of the board in deciding to bond the district, the purpose thereof and the amount of the bonds supposed to be issued, the estimated costs of the works or improvements as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness, and shall also specify the date of the election and the time during which the polls shall be open. Notices shall also list the polling places.

History:

[39-1340, added 1965, ch. 173, sec. 23, p. 340; am. 1995, ch. 118, sec. 54, p. 472; am. 2009, ch. 341, sec. 69, p. 1038.]
Idaho Code § 39-2603 — Idaho Code / Title 39 / Chapter 26 / Section 39-2603
39-2603 WHOLESALE AND IMPORT LICENSE REQUIRED.
Status: in_force

39-2603. Wholesale and import license required. (1) A license shall be required for any person to import fireworks into this state or to operate a wholesale fireworks business in this state.

(2) Fireworks shall only be delivered in this state by a person with a valid wholesale or import license under the following circumstances:

(a) (i) To a person with a valid sales tax seller's permit issued pursuant to section 63-3620, Idaho Code; and

(ii) During a period beginning sixty (60) days prior to a date on which the retail sale or use of nonaerial common fireworks is authorized under this chapter; or

(b) To a person with a valid permit issued pursuant to section 39-2605, Idaho Code, within a reasonable time period before the display or event.

(3) Possession of a wholesale or import license does not authorize the holder of the license to sell nonaerial common fireworks at retail, but a wholesaler or importer may also hold a retail permit in compliance with the provisions of this chapter.

(4) Wholesale or import licenses shall be issued for a twelve (12) month period beginning on March 31 each year and shall be nontransferable. The license shall be issued if the application is complete and in compliance with applicable law.

(5) Wholesale or import license applications shall be on a form approved by the department and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant's Idaho sales tax seller's permit number, if applicable.

(6) A bond or valid certificate of public liability and property-casualty insurance providing coverage of at least one hundred thousand dollars ($100,000) for personal injury and property damage shall be presented at the time of application.

(7) The department may impose a fee for issuing a license under this section which shall not exceed one hundred dollars ($100).

(8) The license required under this section may be revoked if the licensee violates any provisions of this chapter. A license revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.

(9) The license shall be displayed in public view at each location listed on the license.

(10) An importer or wholesaler shall keep a record of all wholesale transactions showing the name, address, sales tax seller's permit number, if applicable, and type and quantity of items sold.

History:

[39-2603, added 1997, ch. 246, sec. 2, p. 710.]
Idaho Code § 39-7409 — Idaho Code / Title 39 / Chapter 74 / Section 39-7409
39-7409 CO-LOCATED WASTE FACILITIES.
Status: in_force

39-7409. co-located waste facilities. (1) An applicant may submit a combined application for a CWF pursuant to the provisions of this chapter.

(2) A single notice of approval for a CWF shall be issued by the director pursuant to the provisions of this chapter.

(3) The review and approval process shall be administered in accordance with the provisions of this chapter and rules promulgated pursuant thereto that are applicable to the applicant's CWF design and operations.

(4) Co-located waste facilities shall be subject to the annual inspection fee assessed on municipal solid waste landfills and shall be subject to tonnage fees in an amount equal to the waste that is disposed in the municipal solid waste landfill portion of the co-located facility.

History:

[39-7409, added 2026, ch. 7, sec. 13, p. 36.]
Idaho Code § 39-3410 — Idaho Code / Title 39 / Chapter 34 / Section 39-3410
39-3410 MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
Status: in_force

39-3410. Manner of making, amending or revoking anatomical gift of decedent's body or part. (1) A person authorized to make an anatomical gift under section 39-3409, Idaho Code, may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under section 39-3409, Idaho Code, may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under section 39-3409, Idaho Code, may be:

(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or

(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

History:

[39-3410, added 2007, ch. 30, sec. 2, p. 67.]
Idaho Code § 39-3605 — Idaho Code / Title 39 / Chapter 36 / Section 39-3605
39-3605 IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS.
Status: in_force

39-3605. Identification of reference streams or conditions. The director shall, in consultation with the appropriate basin advisory group, identify reference streams or conditions to assist in determining whether the designated beneficial uses of water bodies within a basin are being fully supported. Streams or conditions shall be selected to represent the land types, land uses, hydrology, water uses and geophysical features within the basins described in this chapter. Reference streams or conditions shall be representative of one (1) of the following:

(1) A stream or other water body reflecting natural conditions with few impacts from human activities and which is representative of the highest level of support attainable in the basin; or

(2) A stream or water body reflecting the minimum conditions necessary to fully support the designated beneficial uses of the stream or water body; or

(3) Physical, chemical and biological indicators identified in the rules of the department which reflect full support of designated beneficial uses.

History:

[39-3605, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 3, p. 833; am. 2013, ch. 348, sec. 3, p. 945.]
Idaho Code § 39-1391b — Idaho Code / Title 39 / Chapter 13 / Section 39-1391b
39-1391b EMERGENCY TREATMENT BY HOSPITAL NOT REQUIRED — DISCRIMINATION PROHIBITED.
Status: in_force

39-1391b. Emergency treatment by hospital not required — Discrimination prohibited. Nothing in this act shall be deemed to require any hospital to provide facilities or personnel for the furnishing of such emergency or first aid services and care or to furnish such services and care, without admission by a licensed physician and surgeon, to any person who may request the same; provided, however, that emergency or first aid services and care shall not be refused to any person by reason of race, creed, national origin or financial ability to pay therefor.

History:

[39-1391b, added 1973, ch. 82, sec. 3, p. 130.]
Idaho Code § 39-3524 — Idaho Code / Title 39 / Chapter 35 / Section 39-3524
39-3524 PROCEDURE FOR DENIAL OF APPLICATION OR REVOCATION OF A CERTIFICATE.
Status: in_force

39-3524. Procedure for denial of application or revocation of a certificate. (1) Consistent with provisions regarding emergency proceedings in section 67-5247, Idaho Code, the department shall immediately notify the applicant or care provider in writing when it denies an application for a certificate or revokes or suspends certification in a situation involving an immediate danger to the health or safety of residents.

(2) Absent emergency proceedings, the department shall provide notice and the opportunity to be heard prior to denial of an application for a certificate or revocation of a certificate consistent with section 67-5254, Idaho Code. The proceedings shall be conducted in accordance with the Idaho administrative procedure act and the department's rules for contested care proceedings.

History:

[39-3524, added 2024, ch. 63, sec. 32, p. 325.]
Idaho Code § 39-5405 — Idaho Code / Title 39 / Chapter 54 / Section 39-5405
39-5405 RIGHTS OF DONOR, CHILD, HUSBAND.
Status: in_force

39-5405. Rights of donor, child, husband. (1) The donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination.

(2) A child born as a result of the artificial insemination shall have no right, obligation or interest with respect to such donor.

(3) The relationship, rights and obligation between a child born as a result of artificial insemination and the mother's husband shall be the same for all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mother's husband, if the husband consented to the performance of artificial insemination.

History:

[39-5405, added 1982, ch. 349, sec. 5, p. 865.]
Idaho Code § 39-7107 — Idaho Code / Title 39 / Chapter 71 / Section 39-7107
39-7107 STATE DISASTER PREPAREDNESS ACT CONTROLS DISASTER EMERGENCIES, EXCEPT FOR THE LIABILITY OF RESPONSIBLE PERSONS.
Status: in_force

39-7107. State disaster preparedness act controls disaster emergencies, except for the liability of responsible persons. In the event a disaster emergency or local disaster emergency is declared by proper authority as defined and set forth in chapter 10, title 46, Idaho Code, as a result of a hazardous substance incident, the provisions of chapter 10, title 46, Idaho Code, shall govern, except that the provisions of section 39-7109, Idaho Code, shall govern reimbursement of emergency response costs and the provisions of sections 39-7111 and 39-7112, Idaho Code, shall govern the liability of and cost recovery against persons responsible for hazardous substance incidents resulting in disaster emergencies in any case.

History:

[39-7107, added 1991, ch. 242, sec. 1, p. 588.]
Idaho Code § 39-6114A — Idaho Code / Title 39 / Chapter 61 / Section 39-6114A
39-6114A REQUIRED APPLICATION FORMS AND DOCUMENTS FOR A NATIONAL INTEREST WAIVER REQUEST.
Status: in_force

39-6114A. required application forms and documents for a national interest waiver request. (1) Applications for the national interest waiver program must include but not be limited to the following:

(a) Evidence of recruiting efforts over a minimum of three (3) months prior to when the petitioning physician applied for the vacancy. This evidence must include documentation that the health care facility has utilized broad recruitment efforts and was unsuccessful;

(b) Evidence that the physician selected for the position visited the practice site;

(c) A list of physicians who applied for the position and the reason they were not selected;

(d) Evidence that the applicant has been providing medical or mental health care in Idaho for at least twelve (12) months or meets the requirements for a new start as defined in section 39-6105, Idaho Code. This includes but may not be limited to the Idaho taxpayer identification number, facility address, fax and telephone numbers, and staffing list;

(e) A copy of an employment contract between the physician and the applicant;

(f) Evidence that the employment site is in a federally determined area of underservice;

(g) A copy of the physician's license to practice medicine in the state of Idaho, or eligibility to apply for an Idaho license;

(h) Legible copies of any DS 2019 forms and other United States immigration documentation attesting to the physician's current legal status and history of stay in the United States;

(i) The physician's curriculum vitae; and

(j) Payment of the department's administrative application processing fee.

(2) The state of Idaho may require any other documentation or information for the support and approval process in the waiver application on the part of the physician or the applicant.

(3) The request must be submitted by the applicant or applicant's representative. The letter must be written on the applicant's letterhead stationery, which includes address, telephone and fax numbers, if any. Letters, contracts and forms must contain original signatures.

(4) These requirements are subject to change without notice.

History:

[39-6114A, added 2009, ch. 106, sec. 17, p. 336; am. 2017, ch. 72, sec. 13, p. 181; am. 2023, ch. 31, sec. 10, p. 158.]
Idaho Code § 39-8801 — Idaho Code / Title 39 / Chapter 88 / Section 39-8801
39-8801 SHORT TITLE.
Status: in_force

39-8801. Short title. This act may be known and cited as the "Idaho Underground Storage Tank Act."

History:

[39-8801, added 2007, ch. 29, sec. 1, p. 57.]
Idaho Code § 39-3527 — Idaho Code / Title 39 / Chapter 35 / Section 39-3527
39-3527 RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.
Status: in_force

39-3527. Responsibility for inspections and technical assistance. The certifying agent shall inspect and provide technical assistance to certified family homes. The department may provide consulting services upon request to any certified family home to assist in the identification and correction of deficiencies and in the upgrading of the quality of care provided by the certified family home.

History:

[39-3527, added 2005, ch. 280, sec. 51, p. 911; am. 2024, ch. 63, sec. 37, p. 326.]
Idaho Code § 39-1119 — Idaho Code / Title 39 / Chapter 11 / Section 39-1119
39-1119 TRAINING REQUIREMENTS.
Status: in_force

39-1119. Training requirements. The owner or operator of a daycare center shall ensure that each employee receives four (4) hours of ongoing training in child development areas related to daycare every twelve (12) months after the employee's hire date. Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor. The owner or operator is responsible for maintaining documentation of each staff member's training.

History:

[39-1119, added 1993, ch. 416, sec. 2, p. 1529; am. 2025, ch. 186, sec. 7, p. 872.]
Idaho Code § 39-1332 — Idaho Code / Title 39 / Chapter 13 / Section 39-1332
39-1332 ANNUAL STATEMENT OF VALUATION OF TAXABLE PROPERTY.
Status: in_force

39-1332. Annual statement of valuation of taxable property. On or before the third Monday in July of each year the county auditor shall deliver to the secretary of each hospital district within the county a statement showing the aggregate valuation of all the taxable property in such district, and thereafter the district board shall levy the taxes herein provided for.

History:

[39-1332, added 1965, ch. 173, sec. 15, p. 340; am. 2012, ch. 38, sec. 2, p. 115.]
Idaho Code § 39-8111 — Idaho Code / Title 39 / Chapter 81 / Section 39-8111
39-8111 STATE MAY MAKE GRANTS TO FINANCING AUTHORITY.
Status: in_force

39-8111. State may make grants to financing authority. The state may make grants of money or property to the financing authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers including, but not limited to, deposits to the reserve funds. This section does not limit any other power the state may have to make grants to the financing authority.

History:

[39-8111, added 2001, ch. 371, sec. 2, p. 1307.]
Idaho Code § 39-4512A — Idaho Code / Title 39 / Chapter 45 / Section 39-4512A
39-4512A PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST).
Status: in_force

39-4512A. Physician orders for scope of treatment (POST). (1) A POST form is an order regarding scope of treatment signed by a licensed independent practitioner and a person or the person's surrogate decision-maker, provided that the POST form shall not be contrary to the person's last known expressed wishes or directions.

(2) The POST form shall be effective from the date of execution except while suspended or unless it is revoked.

(3) A licensed independent practitioner must, upon request of the person or the person's surrogate decision-maker, provide the person or the person's surrogate decision-maker with a copy of the POST form, discuss with the person or the person's surrogate decision-maker the form's content and ramifications and treatment options, and assist the person or the person's surrogate decision-maker in the completion of the form.

(4) A person who has completed a POST form pursuant to the provisions of this section or for whom a POST form has been completed at the request of his or her surrogate decision-maker may wear a POST identification device as provided in section 39-4502, Idaho Code.

(5) The department of health and welfare shall develop, promulgate, and revise as needed a recommended POST form.

History:

[39-4512A, added 2007, ch. 196, sec. 13, p. 590; am. 2012, ch. 302, sec. 11, p. 835; am. 2023, ch. 307, sec. 15, p. 929.]
Idaho Code § 39-6508 — Idaho Code / Title 39 / Chapter 65 / Section 39-6508
39-6508 PURPOSE.
Status: in_force

39-6508. Purpose. The state of Idaho supports and encourages the reuse and recycling of waste tires. The legislature finds the paramount public interest in regulating waste tires is to protect public health and safety. In particular, the legislature is concerned with eliminating potential fire hazards; minimizing or eliminating potential breeding grounds for disease-bearing insects; and eliminating potential sources of surface and ground water contamination.

History:

[39-6508, added 2003, ch. 281, sec. 9, p. 765.]
Idaho Code § 39-3503 — Idaho Code / Title 39 / Chapter 35 / Section 39-3503
39-3503 ADMISSION AGREEMENTS.
Status: in_force

39-3503. admission agreements. (1) At or before the time of admission, the care provider shall negotiate a written, signed, and dated admission agreement between the care provider and the resident or the resident representative, if applicable, specifying the dollar amount of monthly compensation to be paid by the resident to the care provider and the monthly date by which payment is due.

(2) A dollar amount to be charged to the resident shall be negotiated in the admission agreement for monthly room and board, which includes breakfast, lunch, and dinner offered each day.

(3) If any portion of funding for the resident's care is from a private source, the admission agreement shall include a separately listed dollar amount for any monthly care charges for which the resident is responsible. The care provider shall prorate and, if applicable, refund care charges for any day the resident did not receive certified family home services during the month.

(4) The care provider shall give the resident or resident representative, as appropriate, written notice in accordance with section 55-304, Idaho Code, before changing the terms of the admission agreement.

(5) An admission agreement signed by both parties shall remain in effect until one (1) of the following conditions are met:

(a) The admission agreement is properly terminated in accordance with Idaho landlord-tenant law; or

(b) The care provider is no longer certified by the department.

(6) The admission agreement shall include protections that address eviction and appeals comparable to those provided under Idaho landlord-tenant law and chapter 3, title 6, Idaho Code.

(7) The admission agreement shall remain in force and effect, excluding the certified family home's responsibility to provide meals and care, while the resident is temporarily transferred from the certified family home to another care setting on an emergency basis. Provided, as long as the admission agreement remains in effect, the care provider shall allow the resident to resume receiving services in the certified family home after the emergency condition has improved enough for the certified family home to provide services in accordance with section 39-3507, Idaho Code.

History:

[39-3503, added 2024, ch. 63, sec. 6, p. 314; am. 2025, ch. 65, sec. 2, p. 312.]
Idaho Code § 39-3630 — Idaho Code / Title 39 / Chapter 36 / Section 39-3630
39-3630 APPROPRIATION OF WATER POLLUTION CONTROL FUND — PURPOSE OF CHAPTER.
Status: in_force

39-3630. Appropriation of water pollution control fund — Purpose of chapter. Moneys in the water pollution control fund are hereby perpetually appropriated for the following purposes:

(1) To provide revenue for the payment of general obligation bonds issued pursuant to section 39-3633, Idaho Code, and general obligation refunding bonds issued pursuant to chapter 115, 1973 laws of the state of Idaho.

(2) To provide payments for contracts entered into pursuant to this chapter.

(3) To provide funds to capitalize the wastewater facility loan account established in section 39-3629, Idaho Code, including the required matching share of federal capitalization funds.

(4) To provide funds to capitalize the drinking water loan account established in section 39-7602, Idaho Code, including the required matching share of federal capitalization funds.

(5) Pending such expenditure or use, surplus moneys in the water pollution control fund shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the water pollution control fund.

History:

[(39-3630) 1970, ch. 87, sec. 6, p. 211; am. 1977, ch. 176, sec. 4, p. 456; am. 1980, ch. 208, sec. 5, p. 478; am. 1980, ch. 280, sec. 4, p. 730; am. 1987, ch. 174, sec. 6, p. 347; am. 1988, ch. 270, sec. 5, p. 900; am. and redesig. 1995, ch. 352, sec. 14, p. 1188; am. 1996, ch. 345, sec. 2, p. 1155; am. 1998, ch. 16, sec. 2, p. 114; am. 2000, ch. 132, sec. 15, p. 329.]
Idaho Code § 39-5210 — Idaho Code / Title 39 / Chapter 52 / Section 39-5210
39-5210 ELIGIBLE PROJECTS.
Status: in_force

39-5210. Eligible projects. To be eligible for domestic violence grants pursuant to this chapter, a project must provide a safe house or refuge and a crisis line, except in the case of a project providing services to batterers. No funds may be granted to batterer programs from the domestic violence project account which are derived from marriage license or divorce fees. Other services which may be provided include, but are not limited to:

(1) Counseling;

(2) Educational services for community awareness, for prevention of domestic violence and for the care, treatment and rehabilitation of parties to domestic violence;

(3) Support groups;

(4) Assistance in obtaining legal, medical, psychological or vocational services.

History:

[39-5210, added 1982, ch. 181, sec. 1, p. 472; am. 1990, ch. 243, sec. 1, p. 695; am. 1992, ch. 51, sec. 1, p. 156; am. 2000, ch. 343, sec. 7, p. 1164.]
Idaho Code § 39-171 — Idaho Code / Title 39 / Chapter 1 / Section 39-171
39-171 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

39-171. Legislative findings and purpose. The legislature of the state of Idaho finds that:

(1) Wood and mill yard debris is a byproduct of wood processing and manufacturing; and

(2) If properly managed, wood and mill yard debris can be put to uses that have economic and environmental benefits; and

(3) There is a need for guidance about how to manage, store, use or dispose of wood and mill yard debris so that nuisance and adverse environmental impacts are minimized; and

(4) This guidance will enable the department and local units of government to more effectively regulate the use or disposal of wood and mill yard debris.

The purpose of sections 39-171 through 39-174, Idaho Code, is to provide guidance for the sound use, storage, management and disposal of wood and mill yard debris by requiring the director of the department of environmental quality to appoint a committee to study the issues and to gather and disseminate information to persons and entities that deal with wood and mill yard debris.

History:

[(39-171) 39-166, added 1996, ch. 204, sec. 1, p. 628; amended & redesig. 2001, ch. 103, sec. 15, p. 266.]
Idaho Code § 39-7911 — Idaho Code / Title 39 / Chapter 79 / Section 39-7911
39-7911 FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION.
Status: in_force

39-7911. Financial assurance for closure and remediation. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. Requirements for financial assurances shall be determined by the agency as set forth in rule. Financial assurances may include any mechanism or combination of mechanisms meeting the requirements established by agency rule including, but not limited to, surety bonds, trust funds, irrevocable letters of credit, insurance and corporate guarantees. The mechanism(s) used to demonstrate financial capability must be legally valid, binding and enforceable under applicable law and must ensure that the funds necessary to meet the costs of closure and remediation will be available whenever the funds are needed. The director may retain financial assurances for up to five (5) years after closure of a facility to ensure proper closure and remediation, as defined by rule.

(2) Nothing in this section prohibits the boards of county commissioners of any county or the governing body of any city from adopting regulations that are more stringent or that require greater financial assurances than those imposed by the department of environmental quality.

History:

[39-7911, added 2000, ch. 268, sec. 1, p. 767; am. 2001, ch. 103, sec. 75, p. 317.]
Idaho Code § 39-307 — Idaho Code / Title 39 / Chapter 3 / Section 39-307
39-307 VOLUNTARY TREATMENT OF ALCOHOLICS AND DRUG ADDICTS.
Status: in_force

39-307. Voluntary treatment of alcoholics and drug addicts. (1) An alcoholic or a drug addict may apply for voluntary treatment directly to any approved public treatment facility. If the proposed patient is a minor or an incompetent person, he, a parent, legal guardian, or other legal representative shall make the application.

(2) Subject to rules adopted by the board of health and welfare, the director or his designee may determine who shall be admitted to an approved public treatment facility.

(3) If a patient receiving inpatient care leaves an approved public treatment facility, he shall be encouraged to consent to appropriate outpatient or intensive outpatient treatment, and the department shall assist in obtaining supportive services and residential facilities.

(4) If a patient leaves an approved public treatment facility, upon the recommendation of departmental staff, the department shall make reasonable provisions for his transportation to another facility or to his home. If he has no home, he shall be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he was the original applicant.

History:

[39-307, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 6, p. 613; am. 2008, ch. 94, sec. 4, p. 261.]
Idaho Code § 39-3026 — Idaho Code / Title 39 / Chapter 30 / Section 39-3026
39-3026 IMPLEMENTATION OF ARTICLE III.
Status: in_force

39-3026. Implementation of article III. The state department of environmental quality shall adopt the practices and may impose the fees authorized under article III of the compact, except that the Idaho state police and the public utilities commission shall retain their existing enforcement and inspection authority relating to carriers. The board of environmental quality shall adopt such rules as may be necessary to enable the department of environmental quality to carry out the provisions of this section.

History:

[39-3026, added 1981, ch. 345, sec. 2, p. 718; am. 2000, ch. 469, sec. 95, p. 1548; am. 2001, ch. 103, sec. 29, p. 273; am. 2007, ch. 83, sec. 5, p. 226.]
Idaho Code § 39-1392f — Idaho Code / Title 39 / Chapter 13 / Section 39-1392f
39-1392f PEER REVIEW.
Status: in_force

39-1392f. Peer review. Every hospital subject to this act shall cause the hospital's medical staff to organize in-hospital medical staff committees which shall have the responsibility of reviewing the professional practices of members of the hospital's medical staff for the purpose of reducing morbidity and mortality, and for the improvement of the care of patients in the hospital. This review shall include, but not be limited to, the quality and necessity of care provided to patients.

History:

[39-1392f, added 1986, ch. 95, sec. 1, p. 273.]
Idaho Code § 39-1304 — Idaho Code / Title 39 / Chapter 13 / Section 39-1304
39-1304 DENIAL OR REVOCATION.
Status: in_force

39-1304. denial or revocation. Notwithstanding the provisions of section 39-1303, Idaho Code, the department may deny any application or revoke any license when persuaded by evidence that such conditions exist as to endanger the health or safety of any resident or patient. A license issued pursuant to this chapter shall remain in force until the license is voluntarily surrendered or the facility fails to meet CMS certification standards.

History:

[39-1304, added 2025, ch. 122, sec. 23, p. 635.]
Idaho Code § 39-9301 — Idaho Code / Title 39 / Chapter 93 / Section 39-9301
39-9301 SHORT TITLE.
Status: in_force

39-9301. short title. This chapter shall be known and may be cited as the "Idaho Unborn Infants Dignity Act."

History:

[39-9301, added 2016, ch. 368, sec. 1, p. 1078.]
Idaho Code § 39-3638 — Idaho Code / Title 39 / Chapter 36 / Section 39-3638
39-3638 FINAL DETERMINATION BY ISSUING DEPARTMENT AUTHORIZED.
Status: in_force

39-3638. Final determination by issuing department authorized. In the event of dispute or unreasonable delay on the part of lessee or the department of environmental quality, the department issuing a cottage site lease may, upon notice and hearing, make a final determination consistent with control of water pollution and public health.

History:

[(39-3638) 1970, ch. 191, sec. 5, p. 555; am. 1974, ch. 23, sec. 160, p. 633; am. and redesig. 1995, ch. 352, sec. 22, p. 1192; am. 2001, ch. 103, sec. 44, p. 288.]
Idaho Code § 39-1102 — Idaho Code / Title 39 / Chapter 11 / Section 39-1102
39-1102 DEFINITIONS.
Status: in_force

39-1102. Definitions. As used in this chapter:

(1) "Board" means the Idaho board of health and welfare.

(2) "Child" means a person less than thirteen (13) years of age.

(3) "Daycare" means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child's or children's own home or homes.

(4) "Daycare center" means a place or facility providing daycare for compensation for thirteen (13) or more children.

(5) "Daycare facility" means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider.

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

(7) "Employee" means any person working for compensation in a facility that provides daycare.

(8) "Family daycare home" means a home, place, or facility providing daycare for six (6) or fewer children.

(9) "Group daycare facility" means a home, place, or facility providing daycare for seven (7) to twelve (12) children.

(10) "Group size" means the maximum number of children in one (1) group or classroom.

(11) "Mixed age group" means a care group that includes children of multiple ages.

(12) "Operator" means a person who operates or maintains a licensed daycare facility.

(13) "Owner" means a person, group of individuals, or entity that has legal control and authority over a daycare business.

(14) "Provider" means a person who provides care and supervision at a daycare facility and is included in the child:staff ratio.

(15) "Ratio" means the number of staff required to supervise a certain number of children.

(16) "Single age group" means a care group that includes children of similar age.

(17) "Staff" means anyone who is sixteen (16) years of age or older who is employed by a daycare facility to provide care and supervision. "Staff" includes operators, owners, and providers.

(18) "Supervision" means:

(a) For a child less than five (5) years of age, a provider is within sight or normal hearing range of the child and near enough to render immediate assistance to the child;

(b) For a child five (5) years of age and older, a provider is within sight or normal hearing range of the child as appropriate to the child's individual age, needs, and capabilities; and

(c) Notwithstanding paragraph (b) of this subsection, for all children while sleeping, swimming or engaging in other water activity involving a pool, hot tub, or other body of water, or on field trips or activities away from the facility, a provider is within sight and normal hearing range of the child.

(19) "Training" means continuing education in child development areas relating to child care.

History:

[39-1102, added 1987, ch. 56, sec. 1, p. 93; am. 2009, ch. 295, sec. 2, p. 873; am. 2025, ch. 185, sec. 2, p. 862; am. 2025, ch. 186, sec. 1, p. 867; am. 2026, ch. 251, sec. 11, p. 1062.]
Idaho Code § 39-2608 — Idaho Code / Title 39 / Chapter 26 / Section 39-2608
39-2608 SHORT-TERM STORAGE.
Status: in_force

39-2608. Short-term storage. (1) A short-term storage facility may be used for the storage of nonaerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The authority having jurisdiction shall be notified of the address or location of all short-term storage facilities when fireworks will not be stored in a temporary fireworks stand. If the short-term storage facility is not within the boundaries of the jurisdiction having issued the retail sales permit the permittee shall notify the authority having jurisdiction where the storage is to take place.

(2) Short-term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck, trailer, or other vehicle. A truck, trailer or other vehicle used for short-term storage must remain at least twenty-five (25) feet from the stand during any time the stand is open for business, but may abut the stand when it is closed. A truck, trailer or vehicle used for short-term storage must be at least twenty-five (25) feet from any other inhabited building. Short-term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources. The authority having jurisdiction may, in its discretion, allow short-term storage to occur in an attached garage with a one (1) hour fire wall separating the garage from any inhabited area.

History:

[39-2608, added 1997, ch. 246, sec. 2, p. 714.]
Idaho Code § 39-7301 — Idaho Code / Title 39 / Chapter 73 / Section 39-7301
39-7301 WORLD HEALTH ORGANIZATION MANDATES.
Status: in_force

39-7301. world health organization mandates. (1) The state of Idaho and its political subdivisions, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities, shall not be compelled to engage in the enforcement of, or any collaboration with the enforcement of, any requirements or mandates issued by the world health organization.

(2) Any requirements or mandates issued by the world health organization shall not be used in the state as a basis for action or to direct, order, or otherwise impose, contrary to the constitution and laws of this state, any requirements whatsoever, including those for masks, vaccines, or medical testing, or to gather any public or private information about the state's citizens or residents and shall have no force or effect in this state.

History:

[39-7301, added 2025, ch. 81, sec. 1, p. 365.]
Idaho Code § 39-414 — Idaho Code / Title 39 / Chapter 4 / Section 39-414
39-414 POWERS AND DUTIES OF DISTRICT BOARD.
Status: in_force

39-414. Powers and duties of district board. The district board of health shall have and may exercise the following powers and duties:

(1) To administer and enforce all state and district health laws, regulations, and standards.

(2) To undertake only those actions that are necessary and reasonable for preserving and protecting public health and preventive health as supported by scientific evidence. The board may enter into agreements with the director of the state department of health and welfare or the director of the department of environmental quality to provide services or do such other things as specified in the agreement, subject to the limitations described in this subsection. An agreement entered pursuant to this subsection may be between either such director and one (1) district or multiple districts. An order of a district board of health will take effect immediately. Notwithstanding the provisions of this subsection, if an order applies to all persons in a county or a public health district, the board of county commissioners within each affected county, after consulting with the district board of health, shall determine, by resolution, whether or not to approve the order within county limits within seven (7) days of the date of the order. If the board of county commissioners approves the order, then the order will take effect immediately for a period of thirty (30) days. Thereafter, the order may be extended, amended, or modified and reimposed for thirty (30) day periods, subject to approval by the board of county commissioners.

(3) To determine the location of its main office and to determine the location, if any, of branch offices.

(4) To enter into contracts with any other governmental or public agency whereby the district board agrees to render services to or for such agency in exchange for a charge reasonably calculated to cover the cost of rendering such service. This authority is to be limited to services voluntarily rendered and voluntarily received and shall not apply to services required by statute, rule, and regulation or by standards promulgated pursuant to this chapter or chapter 1, title 39, Idaho Code.

(5) To deposit all moneys or payment received or collected by gift, grant, devise, or any other way to the respective division or subaccount of the public health district in the public health district fund authorized by section 39-422, Idaho Code.

(6) To establish a fiscal control policy.

(7) To cooperate with the state board of health and welfare, the department of health and welfare, the board of environmental quality, and the department of environmental quality.

(8) To enter into contracts with other governmental agencies, and this chapter hereby authorizes such other agencies to enter into contracts with the health district, as may be deemed necessary to fulfill the duties imposed upon the district in providing for the health of the citizens within the district.

(9) To purchase, exchange, or sell real property and construct, rent, or lease such buildings as may be required for the accomplishment of the duties imposed upon the district and to further obtain such other personal property as may be necessary to its functions.

(10) To accept, receive, and utilize any gifts, grants, or funds and personal and real property that may be donated to it for the fulfillment of the purposes outlined in this chapter.

(11) To establish a charge whereby the board agrees to render services to or for entities other than governmental or public agencies for an amount reasonably calculated to cover the cost of rendering such services.

(12) To enter into a lease of real or personal property as lessor or lessee, or other transaction, with the Idaho health facilities authority for a term not to exceed ninety-nine (99) years upon a determination by the district board that the real or personal property to be leased is necessary for the purposes of the district and to pledge nontax revenues of the district to secure the district's obligations under such leases. For the purposes of this chapter, a public health district is not a subdivision of the state and shall be considered an independent body corporate and politic pursuant to section 1, article VIII of the constitution of the state of Idaho and is not authorized hereby to levy taxes or to obligate the state of Idaho concerning such financing.

(13) To select a board member to serve as trustee on the board of trustees of the Idaho district boards of health.

History:

[39-414, added 1970, ch. 90, sec. 14, p. 218; am. 1973, ch. 29, sec. 6, p. 56; am. 1974, ch. 23, sec. 71, p. 633; am. 1976, ch. 51, sec. 9, p. 176; am. 1976, ch. 179, sec. 3, p. 644; am. 1980, ch. 118, sec. 1, p. 257; am. 1982, ch. 133, sec. 2, p. 381; am. 1986, ch. 63, sec. 5, p. 182; am. 1988, ch. 213, sec. 1, p. 403; am. 1992, ch. 331, sec. 3, p. 996; am. 1993, ch. 139, sec. 23, p. 370; am. 1994, ch. 180, sec. 72, p. 474; am. 1999, ch. 61, sec. 2, p. 159; am. 2000, ch. 132, sec. 33, p. 342; am. 2008, ch. 231, sec. 1, p. 702; am. 2021, ch. 90, sec. 1, p. 317; am. 2021, ch. 336, sec. 5, p. 1023; am. 2023, ch. 218, sec. 10, p. 613; am. 2025, ch. 169, sec. 1, p. 804; am. 2026, ch. 7, sec. 2, p. 26.]
Idaho Code § 39-176F — Idaho Code / Title 39 / Chapter 1 / Section 39-176F
39-176F PLAN — APPROVAL OR REJECTION BY DEPARTMENT.
Status: in_force

39-176F. PLAN — APPROVAL OR REJECTION BY DEPARTMENT. (1) Upon receipt by the department of environmental quality of a design and construction plan submitted by an operator, the department shall have ninety (90) days to review the plan.

(2) Upon determination by the department that a design and construction plan submitted by an operator meets the requirements of this section, the department shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter said plan shall govern and determine the nature and extent of the obligations of the operator for compliance with sections 39-176A through 39-176F, Idaho Code, with respect to the phosphogypsum stack system for which the plan was submitted.

(3) If the department determines that a design and construction plan fails to fulfill the requirements of this section, it shall deliver to the operator, in writing, a notice of rejection of the plan and shall set forth in said notice of rejection the reasons for such a finding. Upon receipt of said notice of rejection, the operator may submit amended plans within forty-five (45) days. The department shall have sixty (60) days to review an amended plan. Upon further determination by the department that the amended plan does not fulfill the provisions of sections 39-176A through 39-176F, Idaho Code, it shall deliver to the operator, in writing, a notice of rejection of the amended plan in the same manner as provided for rejection of the original plan.

(4) A notice of rejection may be appealed by the operator to the board.

(5) The time periods in this section may be adjusted if agreed to by both the department and the operator.

(6) A construction completion report shall be submitted to the department within ninety (90) days of completion of construction activities. The report shall include final record drawings and conformance of construction to the approved design and construction plan, including construction quality control plans for phosphogypsum stack components.

(7) The operator shall pay the following fees for the department review and approval of plans and associated documents required by this section:

(a) Fifteen thousand dollars ($15,000) for a review of a new phosphogypsum stack system;

(b) Ten thousand dollars ($10,000) for a review of a horizontal or vertical phosphogypsum expansion;

(c) Five thousand dollars ($5,000) for a review of the placement of an intermediate liner; and

(d) Two thousand five hundred dollars ($2,500) for a review of a phosphogypsum stack component.

History:

[39-176F, added 2020, ch. 51, sec. 6, p. 122; am. 2021, ch. 246, sec. 6, p. 767.]
Idaho Code § 39-3021 — Idaho Code / Title 39 / Chapter 30 / Section 39-3021
39-3021 REPRESENTATIVE ON WESTERN INTERSTATE NUCLEAR BOARD.
Status: in_force

39-3021. Representative on western interstate nuclear board. The member of the western interstate nuclear board representing the state of Idaho shall be appointed by the governor and serve at his pleasure.

History:

[39-3021, added 1969, ch. 34, sec. 2, p. 61.]
Idaho Code § 39-7909 — Idaho Code / Title 39 / Chapter 79 / Section 39-7909
39-7909 SITING APPLICATION — FEE — RULES.
Status: in_force

39-7909. Siting application — Fee — Rules. (1) A site application shall include, in a format set forth by the director and when determined applicable by the director, the following information:

(a) Name, mailing address and phone number of the facility owner;

(b) Name, mailing address and phone number of the facility operator;

(c) Name and mailing address of the facility;

(d) Legal description of the facility location;

(e) The legal structure of the entity owning the facility, including the names and addresses of all directors, officers, registered agents and partners;

(f) The names and locations of all swine facilities owned and/or operated by the applicant within the last ten (10) years;

(g) The one-time animal unit capacity of the facility;

(h) The type of animals to be confined at the facility;

(i) Evidence that a valid water right exists to supply adequate water for the proposed facility or a copy of either an application for a permit to appropriate water or an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources which, if approved, will supply adequate water for the proposed operation;

(j) The facility's biosecurity and sanitary standards.

(2) A facility plan. Plans and specifications for the facility's animal waste management system that include the following information:

(a) Vicinity map(s) prepared on one (1) or more seven and one-half minute (7.5′) USGS topographic quadrangle maps or a high quality reproduction(s) that includes the following:

(i) Layout of the facility, including buildings and animal waste management system;

(ii) The one hundred (100) year FEMA flood zones or other appropriate flood data for the facility site and land application sites owned or leased by the applicant;

(iii) The location of occupied dwellings, public and private gathering places, such as schools, churches and parks, and incorporated municipalities which are within a two (2) mile radius of the facility; and

(iv) Private and community domestic water wells, irrigation wells, irrigation conveyance and drainage structures, monitoring wells, wetlands, streams, springs, and reservoirs which are within a one (1) mile radius of the facility.

(b) Facility specifications including:

(i) A site plan showing:

1. Building locations;

2. Waste facilities;

3. All waste conveyance systems; and

4. All irrigation systems used for land application, including details of approved water supply protection devices.

(ii) Building plans showing:

1. All wastewater collection systems in housed units;

2. All freshwater supply systems, including details of approved water supply protection devices;

3. Detailed drawings of wastewater collection and conveyance systems and containment construction; and

4. Detailed construction and installation procedures.

(3) Site characterization. A characterization of the facility and any land application site(s) owned or operated by the applicant, prepared by a registered professional geologist, a registered professional engineer or a qualified ground water hydrologist, that includes the following information:

(a) A description of monitoring methods, frequency and reporting components related to either leak detection systems and/or ground water monitoring wells;

(b) The climatic, hydrogeologic and soil characteristics;

(c) The depth to water and a potentiometric map for the uppermost and regional aquifer;

(d) The vertical and horizontal conductivity, gradient and ground water flow direction and velocity;

(e) Estimates of recharge to the uppermost aquifer;

(f) Information which characterizes the relationship between the ground water and adjacent surface waters; and

(g) A summary of local ground water quality data.

(4) A nutrient management plan. A plan prepared by a certified planner demonstrating compliance with the nutrient management standard for land application.

(5) A plan for meeting standards for heavy metals as those provided in 40 CFR section 503, subchapter O.

(6) A plan for disposal of dead animal carcasses.

(7) An air quality management plan.

(8) A closure plan. A plan describing the procedures for final closure of a facility that ensures no adverse impacts to the environment and waters of the state and that includes:

(a) The estimated length of operation of the facility;

(b) A description of the procedures, methods and schedule to be implemented at the facility for final disposal, handling, management and/or treatment of all animal waste;

(c) A plan for permanent disposal of residual solid waste.

(9) Other information. An applicant shall provide any other information relative to this section and deemed necessary by the director to assess protection of human health and the environment, including information showing that:

(a) The harm to scenic, public health, environmental, private property, historic, cultural or recreational values is not substantial or can be mitigated;

(b) The risk and impact of accident during transportation of animal waste or animal carcasses is not substantial or can be mitigated. Dead animals shall be removed from the facility for rendering, cremation, burial, composting or other disposal in accordance with IDAPA 02.04.03, "Rules of Department of Agriculture Governing Animal Industry," section 050, "Dead Animals, Movement, Disposal";

(c) The impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated;

(d) The facility or operations associated with the facility do not create a public health hazard or nuisance conditions including odors;

(e) The applicant has the financial ability to construct, operate and close the facility.

(10) Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency.

(11) The application shall be accompanied by a fee. The director shall establish by rule the scale for determining the application fee. The fee shall be based on the cost to the site review panel of reviewing the application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological and atmospheric characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon an application.

History:

[39-7909, added 2000, ch. 268, sec. 1, p. 763.]
Idaho Code § 39-7910 — Idaho Code / Title 39 / Chapter 79 / Section 39-7910
39-7910 DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS.
Status: in_force

39-7910. Duties of the director relative to applications. (1) Upon determination that a siting application is complete, the director shall:

(a) Notify the permanent panel members, the city and/or county in which the swine facility site is located, the director of the department of fish and game, the director of the Idaho state police, and other state agencies as deemed appropriate by the director.

(b) Publish a notice that the application has been received, as provided in section 60-109, Idaho Code, in a newspaper having major circulation in the county and the immediate vicinity of the site. The notice shall contain a map indicating the location of the site, a description of the proposed action and the location where the application may be reviewed. The notice shall describe the procedure by which the siting approval under this chapter may be granted.

(2) Upon notification by the director, the chairman shall immediately notify the representatives of the state to the panel and the public members. The chairman shall also notify the applicable county and city for their appointment of members as provided in subsection (2) of section 39-7908, Idaho Code. Within thirty (30) days after the notification, the board of commissioners of the county and the city council shall select the members to serve on the panel. The panel shall be created at that time and notification of the creation of the panel shall be made to the chairman.

(3) Within thirty (30) days after appointment of panel members, the panel shall meet to review and establish a timetable for the consideration of the draft site approval.

(4) The panel shall:

(a) Set a date and arrange for publication of notice of a public hearing, in a newspaper having major circulation in the vicinity of the proposed site, at its first meeting. The public notice shall:

(i) Contain a map indicating the location of the site and proposed facility, a description of the proposed action, and the location where the application for a siting approval may be reviewed and where copies may be obtained;

(ii) Identify the time, place and location for the public hearing held to receive public comment and input on the application for a siting approval;

(b) Publish the notice not less than thirty (30) days before the date of the public hearing, and the notice shall be, at a minimum, a twenty (20) days' notice as provided in section 60-109, Idaho Code.

(5) Comment and input on the proposed siting of the swine facility may be presented orally or in writing at the public hearing and shall continue to be accepted in writing by the panel for thirty (30) days after the public hearing date. The public hearing shall be held in the same county as the proposed site. If the proposed site is adjacent to a city or populated area in a neighboring county, it is recommended that public hearings also be held in the neighboring county.

(6) The panel shall consider, but not be limited to, the following:

(a) The risk of the spread of disease or impact upon public health from improper treatment, storage or incineration methods;

(b) The impact on local units of government where the proposed swine facility is to be located in terms of health, safety, cost and consistency with local planning and existing development;

(c) The nature of the probable environmental and public health impact;

(d) The financial capability of the applicant to construct, operate and close the swine facility; and

(e) Impact on adjacent property values.

(7) The panel shall consider the concerns and objections submitted by the public. The panel shall facilitate efforts to provide that the concerns and objections are mitigated by proposing additional conditions regarding the construction of the swine facility. The panel may propose conditions that integrate the provisions of the city or county ordinances, permits or requirements.

(8) Within one hundred eighty (180) days after creation, the panel shall issue an approval letter, approval letter with conditions, or rejection. If the panel recommends conditions, a clear statement of the need for a condition must be submitted to the director. If the panel recommends rejection, a clear statement of the reasons for the rejection must be submitted to the director.

(9) The director shall not issue a permit to operate under IDAPA 58.01.09, unless a site has been approved by the site review panel. Approval of a site by the panel does not require the director to issue a permit to operate under IDAPA 58.01.09.

History:

[39-7910, added 2000, ch. 268, sec. 1, p. 765; am. 2021, ch. 321, sec. 25, p. 967.]