Idaho Code § 54-904 — Idaho Code / Title 54 / Chapter 9 / Section 54-904
54-904 AUTHORIZATION FOR PROCEDURES PERFORMED UNDER GENERAL SUPERVISION BY DENTAL HYGIENISTS.
Status: in_force

54-904. Authorization for procedures performed under general supervision by dental hygienists. A dental hygienist is authorized to practice under general supervision when:

(1) In a dental office where the dental hygienist works, a dentist has diagnosed the condition to be treated and determined the procedure to be performed, or has authorized a dental hygienist to perform the prescribed treatment; or

(2) In an extended access oral health care setting, the supervising dentist has determined the dental hygiene procedures that may be performed and has issued written orders to a dental hygienist to provide the authorized treatment. The supervising dentist shall be responsible to treat the patient's dental needs or refer the patient to another dentist for treatment.

History:

[54-904, added 1987, ch. 30, sec. 4, p. 41; am. 1994, ch. 58, sec. 4, p. 101; am. 2004, ch. 214, sec. 2, p. 648; am. 2018, ch. 53, sec. 2, p. 138; am. 2022, ch. 46, sec. 1, p. 135.]
Idaho Code § 54-2115 — Idaho Code / Title 54 / Chapter 21 / Section 54-2115
54-2115 GROUNDS FOR DISCIPLINE.
Status: in_force

54-2115. Grounds for discipline. The board may refuse to issue, renew or reinstate the license of a veterinarian, or may deny, revoke, suspend, sanction, reprimand, restrict, limit, place on probation or require voluntary surrender of the license of a veterinarian, and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with any licensed veterinarian pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, for any or all of the following reasons:

(1) The employment of fraud, misrepresentation of a material fact or deception by an applicant or licensee in:

(a) Securing or attempting to secure the issuance or renewal of a license;

(b) Statements regarding the veterinarian's skills or efficacy or value of any treatment provided or to be provided or using any false, fraudulent, misleading or deceptive statement connected with the practice of veterinary medicine including, but not limited to, false or misleading advertising; or

(c) Participating in a breach of the North American veterinary licensing examination (NAVLE). The following activity is a violation and constitutes grounds for discipline under this subsection:

(i) Written notification from the national board examination committee (NBEC), or its designee, that the NBEC has nullified the NAVLE score of the applicant or licensee because the applicant or licensee has admitted cheating or committing other improprieties in the taking, administering or processing of the NAVLE; or

(ii) Written notification from the NBEC, or its designee, that the NBEC has obtained a court judgment against the applicant or licensee after proving allegations that the applicant or licensee cheated or committed other improprieties in the taking, administering or processing of the NAVLE.

(2) Unethical or unprofessional conduct, as defined by section 54-2103, Idaho Code, and as established by the rules of the board.

(3) Being found guilty, convicted, placed on probation, having entered a guilty plea that is accepted by the court, forfeiture of bail, bond or collateral deposited to secure a defendant's appearance, or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:

(a) Any felony as defined in chapter 1, title 18, Idaho Code;

(b) Any other criminal act that in any way is related to the practice of veterinary medicine as defined by section 54-2103, Idaho Code; or

(c) Any violation of any federal or state statute, rule or regulation regulating narcotics, dangerous drugs or controlled substances.

(4) Medical incompetence in the practice of veterinary medicine as defined by section 54-2103, Idaho Code.

(5) Physical or mental incompetence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.

(6) Malpractice or negligence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.

(7) Aiding or abetting an unlicensed or uncertified person to practice veterinary medicine or veterinary technology or employing or holding such unlicensed person out as being able to practice veterinary medicine or veterinary technology.

(8) Fraud, dishonesty, failure to report, or gross negligence in the inspection of animals and animal products intended for human consumption, issuance of health or inspection certificates in the application, vaccination, treatment or reporting of any test for disease in animals and in reporting any contagious or infectious disease.

(9) Failure to comply with the veterinary standards of practice as established by the rules of the board.

(10) Failure to comply with the recordkeeping requirements as established by the rules of the board.

(11) Cruelty to animals including, but not limited to, the intentional and malicious infliction of pain, physical suffering, injury or death, performance of experimental treatments without the owner's consent, deprivation of necessary sustenance, withholding of appropriate pain medications or levels of pain medications, or the administration of unnecessary procedures and treatment.

(12) Infliction of pain on any animal in self-defense, or to prevent physical harm to others, or in accordance with local custom and culture in moving, handling, treating, dehorning, castrating or performing other procedures on livestock shall not be considered cruel or physically abusive unless done in an unnecessary or intentionally malicious manner. This provision does not alter section 25-3514, Idaho Code.

(13) Revocation, suspension, disciplinary sanction, other adverse action, or failure to report any such adverse action to the board, including voluntary surrender of a license or certificate by virtue of which one is licensed to practice veterinary medicine in that jurisdiction or country on grounds other than nonpayment of renewal fees.

(14) Falsifying or failing to fulfill the continuing education requirements as established by the rules of the board.

(15) The use, prescription or sale of any controlled substance, veterinary legend/prescription drug or prescription of an extra-label use for any human or veterinary drug without a valid veterinarian/client/patient relationship.

(16) Charging for services that were not rendered, charging for services that were not documented in the patient's records, or charging for services that were not consented to by the owner of the patient or the owner's agent.

(17) Failure to timely furnish details of a patient's medical record to another veterinarian, hospital, clinic, owner or owner's agent.

(18) Failure of any applicant or licensee to cooperate with the board during any investigation, even if such investigation does not personally concern the applicant or licensee.

(19) Failure to comply with the terms of any order, negotiated settlement or probationary agreement of the board or to pay the costs assessed in a disciplinary matter pursuant to section 54-2105, Idaho Code.

(20) Failure to comply with the terms for renewal or to timely pay license, certification or registration renewal fees as specified by section 54-2112, Idaho Code, and the rules of the board.

(21) Failure of a licensed veterinarian to exercise proper supervision, as defined by the rules of the board, when supervising a temporary licensee or holder of a temporary certification, a certified veterinary technician, a veterinary technician, a veterinary assistant, a certified euthanasia technician or other person, except in an emergency situation as defined in section 54-2103, Idaho Code.

(22) Delegation of an act pertaining to the practice of veterinary medicine or veterinary technology to an unqualified person, regardless of the supervision provided.

(23) Aiding or abetting or violating any of the provisions of this chapter or any lawful rule or order of the board.

History:

[(54-2115) 54-2114, 54-2113, added 1971, ch. 173, sec. 12, p. 812; am. 1983, ch. 139, sec. 13, p. 344; 1990, am. and redesig. ch. 111, sec. 12, p. 233; am. 1993, ch. 71, sec. 1, p. 188; am. 1995, ch. 62, sec. 8, p. 154; am. and redesig. 2000, ch. 122, sec. 10, p. 285; am. 2001, ch. 149, sec. 9, p. 541; am. 2007, ch. 54, sec. 4, p. 136; am. 2010, ch. 105, sec. 3, p. 214; am. 2011, ch. 79, sec. 1, p. 166; am. 2021, ch. 40, sec. 12, p. 106.]
Idaho Code § 54-3106 — Idaho Code / Title 54 / Chapter 31 / Section 54-3106
54-3106 ORGANIZATION OF BOARD — MEETINGS — QUORUM — COMPENSATION.
Status: in_force

54-3106. Organization of board — Meetings — Quorum — Compensation. (1) The board shall organize by the election of one (1) of its members as chairman and one (1) of its members as vice chairman. Officers of the board shall be elected annually for terms of one (1) year at a regular meeting of the board, but the same person may not hold the office of chairman more than three (3) years in succession.

(2) The board shall meet at least annually to conduct its business and perform its duties, and shall meet at such other times as designated by the chairman or by request of two (2) or more members of the board.

(3) A majority of the board shall constitute a quorum for all purposes and the majority vote of the members voting shall constitute the action of the board.

(4) A complete record of all board proceedings shall be maintained.

(5) Members of the board shall be compensated as provided in section 59-509(b), Idaho Code.

History:

[54-3106, added 1974, ch. 110, sec. 7, p. 1255; am. 1980, ch. 247, sec. 75, p. 644; am. 2008, ch. 68, sec. 6, p. 178.]
Idaho Code § 54-4002 — Idaho Code / Title 54 / Chapter 40 / Section 54-4002
54-4002 DEFINITIONS.
Status: in_force

54-4002. definitions. As used in this chapter, the following terms have the following meanings:

(1) "Advertise" means, but is not limited to, the issuing or causing to be distributed of any card, sign, direct mail piece or other device or causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine or directory, or announcement on radio or announcement or display on television, computer network or electronic or telephonic medium.

(2) "Board" means the Idaho state board of massage therapy created pursuant to section 54-4006, Idaho Code.

(3) "Compensation" means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value, except "compensation" shall not include a student tuition credit program where such program has been established by a massage therapy establishment.

(4) "Massage school" means a massage therapy educational program that is registered by the state board of education in accordance with chapter 24, title 33, Idaho Code, or comparable authority in another state.

(5) "Massage therapist" means a person who is licensed under this chapter and who engages in the practice of massage therapy.

(6) "Massage therapy" means the care and services provided by a massage therapist.

(7) "Practice of massage therapy" means the application of a system of structured touch, pressure, movement and holding of the soft tissues of the human body. The application may include:

(a) Pressure, friction, stroking, rocking, kneading, percussion, or passive or active stretching within the normal anatomical range of movement;

(b) Complementary methods, including the external application of water, heat, cold, lubricants and other topical preparations; or

(c) The use of mechanical devices that mimic or enhance actions that may be done by the hands.

History:

[54-4002, added 2012, ch. 261, sec. 1, p. 723; am. 2016, ch. 174, sec. 1, p. 477.]
Idaho Code § 54-4601 — Idaho Code / Title 54 / Chapter 46 / Section 54-4601
54-4601 DECLARATION OF PURPOSE.
Status: in_force

54-4601. Declaration of purpose. In recognition of the importance of health care to all Idahoans, it is the intent of the legislature to provide the public with easily accessible information on specified licensed or registered health care professionals.

History:

[(54-4601) 54-4501, added 1998, ch. 33, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 106, p. 127; am. 2016, ch. 76, sec. 1, p. 253.]
Idaho Code § 54-701 — Idaho Code / Title 54 / Chapter 7 / Section 54-701
54-701 SHORT TITLE.
Status: in_force

54-701. Short title. This act may be cited as the "Chiropractic Practice Act."

History:

[54-701, added 1980, ch. 334, sec. 2, p. 862.]
Idaho Code § 54-2070 — Idaho Code / Title 54 / Chapter 20 / Section 54-2070
54-2070 AUGMENTATION OF FUND.
Status: in_force

54-2070. Augmentation of fund. Upon the original application or renewal of every real estate broker's, associate broker's and salesperson's license for a two (2) year period, the licensee shall pay, in addition to the original or renewal license fee, a fee of twenty dollars ($20.00). Such additional fees and all education fees charged and collected for tuition or registration, course materials and such other fees involved with the commission education programs shall be paid into the state treasury and credited to the occupational licenses fund, except for such funds as are required to maintain a balance of twenty thousand dollars ($20,000) in the real estate recovery fund as provided for in section 54-2069, Idaho Code.

History:

[54-2070, added 2000, ch. 285, sec. 3, p. 949; am. 2021, ch. 224, sec. 53, p. 678.]
Idaho Code § 54-2037 — Idaho Code / Title 54 / Chapter 20 / Section 54-2037
54-2037 TERM OF COURSE CERTIFICATION AND RENEWAL.
Status: in_force

54-2037. Term of course certification and renewal. Each course certification issued by the commission shall be for a term of two (2) years. The exact expiration date will be shown on the course certificate. In order to maintain certification a course provider, for each course, must return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date and within sufficient time for commission review and approval. Recertification is not effective until the commission has formally approved the application for renewal. Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for a course if its certification has expired prior to conclusion of the course.

History:

[54-2037, added 2000, ch. 285, sec. 3, p. 930.]
Idaho Code § 54-1846 — Idaho Code / Title 54 / Chapter 18 / Section 54-1846
54-1846 DESIGNATION OF STATE OF PRINCIPAL LICENSE.
Status: in_force

54-1846. designation of state of principal license. (1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(a) The state of primary residence for the physician;

(b) The state where at least twenty-five percent (25%) of the physician's practice of medicine occurs;

(c) The location of the physician's employer; or

(d) The state designated as the physician's state of residence for purpose of federal income tax, if no other state qualifies under paragraph (a), (b) or (c) of this subsection.

(2) A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in subsection (1) of this section.

(3) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

History:

[54-1846, added 2015, ch. 105, sec. 1, p. 250.]
Idaho Code § 54-2036 — Idaho Code / Title 54 / Chapter 20 / Section 54-2036
54-2036 CERTIFICATION OF COURSES AND COURSE CONTENT.
Status: in_force

54-2036. Certification of courses and course content. Every real estate course offered for prelicense or continuing education credit for an Idaho real estate license shall first be certified and accredited by the Idaho real estate commission.

(1) An application for course certification must be submitted in the form and manner required by the commission, with the required fees, at least two (2) months prior to the contemplated date of the first course offering.

(2) Minimum requirements for course certification:

(a) Each course must be certified individually, offered only through a provider certified or approved in Idaho, and taught by an instructor certified or approved in Idaho in accordance with this chapter.

(b) Each continuing education course must contain at least one (1) classroom hour.

(c) Exam time shall not be included as approved classroom hours of instruction.

(d) A classroom hour is defined as a period of at least fifty (50) minutes of actual instruction.

(e) Distance learning courses. The design and delivery of each distance learning course shall be certified by the association of real estate license law officials or by another institution whose certification standards are deemed equivalent by the commission. The credit hours for a certified distance learning course shall be based upon the same number of hours that would be credited for an equivalent live course and must include a commission-approved assessment.

(f) Each prelicense course must include a commission-approved final exam requiring a minimum passing score of seventy percent (70%).

(g) Continuing education course exam. A licensee may receive continuing education course credit without having to take or pass an exam if the licensee personally attends the entire live presentation of an approved course.

(h) Exam retake policy. Each certified course provider may, at its option, allow students who complete a course and then fail the course exam one (1) opportunity to retake the approved course exam within the following time periods:

(i) Prelicense course exam retakes must occur within one (1) month of the original course exam;

(ii) Continuing education course exam retakes must occur within that course's certification period;

(iii) If a student fails the retake exam for any prelicense or continuing education course, the student must repeat the entire course and pass the final exam to receive credit.

(i) Challenge exams. Except where the prelicense requirements have been waived or modified by the commission pursuant to section 54-2022(6), Idaho Code, a student shall not earn credit for any prelicense course by challenging and passing the course exam without otherwise completing all course requirements.

(3) Approved topics. The commission shall establish specific, approved topics for course content for prelicense courses and continuing education courses as it deems appropriate to current real estate practices and laws.

History:

[54-2036, added 2000, ch. 285, sec. 3, p. 929; am. 2001, ch. 123, sec. 13, p. 433; am. 2002, ch. 280, sec. 3, p. 822; am. 2005, ch. 107, sec. 11, p. 351; am. 2006, ch. 166, sec. 9, p. 513; am. 2010, ch. 213, sec. 4, p. 465; am. 2015, ch. 51, sec. 8, p. 120; am. 2020, ch. 87, sec. 3, p. 234.]
Idaho Code § 54-1220 — Idaho Code / Title 54 / Chapter 12 / Section 54-1220
54-1220 DISCIPLINARY ACTION.
Status: in_force

54-1220. Disciplinary action. (1) After an administrative hearing, the board may, in its discretion, impose an administrative penalty, not to exceed five thousand dollars ($5,000). The board may also, in its discretion, require an individual to practice under the supervision of another licensee or require the individual to successfully complete continuing education courses as may be prescribed by the board.

(2) Notwithstanding the provisions of subsection (1) of this section, any person who has violated the recordkeeping or continuing professional development requirements imposed by the rules of the board may, in lieu of disciplinary proceedings under this chapter or chapter 52, title 67, Idaho Code, elect to pay the board a penalty in the amount of four hundred dollars ($400) for a first-time violation. Upon successful completion of the recordkeeping or continuing professional development requirements and payment of the penalty, the violation shall not be considered disciplinary action under the provisions of this section and shall not be reported to any national disciplinary database.

History:

[54-1220, added 1939, ch. 231, sec. 20, p. 516; am. 1957, ch. 234, sec. 12, p. 547; am. 1963, ch. 25, sec. 1, p. 167; am. 1978, ch. 170, sec. 16, p. 384; am. 1986, ch. 140, sec. 18, p. 391; am. 1991, ch. 21, sec. 1, p. 44; am. 1993, ch. 216, sec. 63, p. 646; am. 1996, ch. 357, sec. 16, p. 1199; am. 2000, ch. 289, sec. 12, p. 1002; am. 2001, ch. 247, sec. 7, p. 896; am. 2004, ch. 84, sec. 4, p. 318; am. 2007, ch. 219, sec. 4, p. 659; am. 2008, ch. 378, sec. 17, p. 1040; am. 2010, ch. 111, sec. 5, p. 227; am. 2013, ch. 339, sec. 2, p. 888; am. 2015, ch. 114, sec. 5, p. 296; am. 2020, ch. 127, sec. 4, p. 401; am. 2026, ch. 221, sec. 5, p. 932.]
Idaho Code § 54-3204 — Idaho Code / Title 54 / Chapter 32 / Section 54-3204
54-3204 BOARD — POWERS AND DUTIES.
Status: in_force

54-3204. Board — Powers and duties. The board shall have the following powers and duties:

(1) To adopt and amend rules to administer and carry out the provisions of this chapter and for the conduct of its affairs, provided that such rules shall be promulgated in accordance with the provisions of chapters 26 and 52, title 67, Idaho Code;

(2) To maintain a list of the names and addresses of all persons licensed under this chapter;

(3) At its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this chapter;

(4) To prescribe by rule the minimum amount and kind of continuing education to be required of each social worker seeking to renew a license in the state of Idaho;

(5) To establish by rule an inactive license status;

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

(7) To review the practice of a social worker licensed pursuant to this chapter who is the subject of a complaint regarding a potential violation of the provisions of this chapter. This review may include client records, notes of the license holder and other materials related to the practice. The review will remain subject to nondisclosure according to the provisions of chapter 1, title 74, Idaho Code, unless the written consent of the client is received by the board;

(8) To establish by rule the standards and requirements for the use of communication technology in the practice of social work, including supervision.

History:

[54-3204, added 1976, ch. 213, sec. 1, p. 778; am. 1994, ch. 139, sec. 1, p. 311; am. 2002, ch. 85, sec. 3, p. 191; am. 2008, ch. 15, sec. 1, p. 21; am. 2013, ch. 15, sec. 1, p. 25; am. 2014, ch. 54, sec. 1, p. 132; am. 2015, ch. 141, sec. 148, p. 494; am. 2022, ch. 94, sec. 45, p. 312.]
Idaho Code § 54-3403 — Idaho Code / Title 54 / Chapter 34 / Section 54-3403
54-3403 BOARD — ORGANIZATION AND MEETINGS.
Status: in_force

54-3403. Board — Organization and meetings. There is hereby created in the division of occupational and professional licenses an Idaho state licensing board of professional counselors and marriage and family therapists as follows:

(1) The board shall consist of six (6) members, residents of the state of Idaho, who shall be appointed by and serve at the pleasure of the governor. In making appointments, the governor shall give consideration to recommendations submitted by the Idaho counseling association in consultation with other state counselor organizations, the Idaho association for marriage and family therapy in consultation with other state marriage and family therapy organizations, and any individual residing in this state.

(2) When the term of each member ends, the governor shall appoint the successor for a term of four (4) years from qualified candidates. Any vacancy occurring on the board shall be filled by the governor by appointment for the unexpired term.

(3) At all times, the board shall have two (2) members who are licensed as clinical professional counselors or professional counselors and who are engaged primarily in rendering counseling service; one (1) member who is engaged or has been engaged primarily in teaching, training or research in higher education in counseling or marriage and family therapy; one (1) member who is licensed or is eligible for licensure as both a professional counselor and a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy or marriage and family counseling; one (1) member who is licensed as a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy; and one (1) member from the general public with an interest in the rights of consumers of counseling and therapy services. Except for the initial appointment, all members of the board except the member from the general public shall be licensed under this chapter.

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

(5) The members of the board shall be compensated as provided in section 59-509(m), Idaho Code.

(6) The board shall annually hold a meeting and elect a chairman and vice chairman from among its members. The board shall meet at such other times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Notice of all meetings shall be given in the manner prescribed by law. A majority of the board shall constitute a quorum at any meeting or hearing.

History:

[54-3403, added 1982, ch. 183, sec. 1, p. 481; am. 1996, ch. 66, sec. 9, p. 208; am. 2001, ch. 71, sec. 4, p. 145; am. 2012, ch. 68, sec. 4, p. 194; am. 2016, ch. 340, sec. 38, p. 957; am. 2021, ch. 222, sec. 30, p. 644.]
Idaho Code § 54-5712 — Idaho Code / Title 54 / Chapter 57 / Section 54-5712
54-5712 ENFORCEMENT AND DISCIPLINE.
Status: in_force

54-5712. enforcement and discipline. (1) A provider is prohibited from delivering health care services via virtual care in the provider's practice if the provider is not in full compliance with applicable state and federal laws, rules, and regulations, including this chapter and the Idaho community standard of care. State licensing boards shall be authorized to enforce the provisions of this chapter relating to the practice of individuals they license. A provider who fails to comply with applicable state and federal laws, rules, and regulations is subject to discipline by such provider's licensing board.

(2) For purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed. Venue for a civil or administrative action initiated by the appropriate regulatory licensing authority or by a patient who receives virtual care services from an out-of-state provider may be located in the patient's county of residence, an applicable county in Idaho, or another venue as deemed proper by a court of competent jurisdiction.

History:

[(54-5712) 54-5612, added 2015, ch. 121, sec. 1, p. 310; am. and redesig. 2016, ch. 47, sec. 37, p. 124; am. 2023, ch. 102, sec. 17, p. 306.]
Idaho Code § 54-5901 — Idaho Code / Title 54 / Chapter 59 / Section 54-5901
54-5901 DECLARATION OF POLICY.
Status: in_force

54-5901. DECLARATION OF POLICY. (1) The legislature finds and declares that the licensing of naturopathic doctors and the registration of lay naturopaths will improve access to natural health care for Idahoans and promote the health of all Idahoans, including the underserved population. The licensing of naturopathic doctors and registration of lay naturopaths will promote the public health interest by aiding in the delivery of naturopathic medical services of high quality to the people of Idaho. To fulfill these purposes, this chapter provides for the optional licensure of naturopathic doctors as well as for the optional registration of laypersons who are naturopaths.

(2) This chapter shall not restrict unlicensed practice lawfully provided pursuant to section 54-1804(1)(l), Idaho Code.

History:

[54-5901, added 2022, ch. 194, sec. 1, p. 636.]
Idaho Code § 54-5101 — Idaho Code / Title 54 / Chapter 51 / Section 54-5101
54-5101 DEFINITIONS.
Status: in_force

54-5101. definitions. As used in this chapter:

(1) "Allied health advisory board" means the allied health advisory board established pursuant to chapter 1, title 54, Idaho Code, to accept applications under this chapter, to make recommendations and consult with the board, and to perform such other duties as may be required or authorized in this chapter or by the board.

(2) "Approved naturopathic medical program" means a naturopathic medical education program in the United States or Canada that provides the degree of doctor of naturopathy or doctor of naturopathic medicine, that includes graduate level, full-time, didactic, and supervised clinical training, and is either accredited or has achieved candidacy status for accreditation by the nationally recognized accrediting body for naturopathic medical programs.

(3) "Board" means the Idaho board of medicine.

(4) "Minor office procedures" means the use of operative, electrical, or other methods for the repair and care incidental to superficial lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in the superficial tissues and the use of antiseptics and local topical anesthetics in connection with such methods.

(5) "Naturopathic medical doctor" means a person authorized and licensed to practice naturopathic medicine under this chapter.

(6) "Naturopathic medical formulary" means the prescription medicines used by naturopathic medical doctors, as set forth in rule, which may include legend medications excluding scheduled controlled substances except for testosterone.

(7) "Naturopathic medicine" means a distinct and comprehensive system of primary health care practiced by a naturopathic medical doctor.

History:

[54-5101, added 2019, ch. 208, sec. 1, p. 634; am. 2024, ch. 61, sec. 30, p. 302.]
Idaho Code § 54-708 — Idaho Code / Title 54 / Chapter 7 / Section 54-708
54-708 BOARD TO ISSUE LICENSES — RENEWAL AND REINSTATEMENT — INACTIVE LICENSE — CLINICAL NUTRITION CERTIFICATION.
Status: in_force

54-708. Board to issue licenses — Renewal and reinstatement — inactive license — clinical nutrition certification. (1) The board shall issue licenses to practice chiropractic to persons who have qualified therefor in accordance with the provisions of this chapter. The board may refuse licensure if it finds that the applicant has engaged in conduct prohibited by sections 54-704 and 54-712, Idaho Code, provided, that the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances. An applicant for a license or permit under this chapter must submit the fee set by board rules. All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

(2) A physician holding a current active license in this state who is not practicing chiropractic in this state may be issued an inactive license. The physician must submit the fee set by board rules and a written request for an inactive license. Each inactive license shall be issued for a period of twenty-four (24) months. A physician holding an inactive license may not engage in the practice of chiropractic in this state. A physician wishing to convert an inactive license to an active license must account to the board for that period of time in which the license was inactive and must fulfill requirements that demonstrate competency to resume practice. Those requirements may include, but are not limited to, education, supervised practice and examination. The board may consider practice in another jurisdiction in determining competency.

(3) The board may issue a clinical nutrition certification to a licensee under this chapter who submits a completed application, pays the application fee set by board rule, and provides proof to the board of successful completion of the educational requirements provided in section 54-717, Idaho Code.

History:

[54-708, added 1980, ch. 334, sec. 2, p. 866; am. 1993, ch. 157, sec. 3, p. 404; am. 2003, ch. 21, sec. 6, p. 81; am. 2003, ch. 277, sec. 2, p. 744.; am. 2017, ch. 26, sec. 2, p. 47; am. 2017, ch. 190, sec. 6, p. 435; am. 2024, ch. 86, sec. 6, p. 391.]
Idaho Code § 54-2602 — Idaho Code / Title 54 / Chapter 26 / Section 54-2602
54-2602 EXCEPTIONS.
Status: in_force

54-2602. Exceptions. (1) Certificate of competency requirements of this chapter shall not be deemed to apply to:

(a) Any person who does plumbing work in a single or duplex family dwelling, including accessory buildings, quarters and grounds in connection with such dwelling; provided that such person owns or is a contract purchaser of the premises, and provided further that such person shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter.

(b) Farm buildings located outside the incorporated limits of any city unless such buildings are connected to a public water or sewer system; and a farm building is hereby defined to be a structure located on agricultural zoned property and designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged; a place used by the public; or conditioned livestock housing.

(c) Logging, mining or construction camps when plumbing installations are made to conform with the recommendations of the department of environmental quality.

(d) Piping systems in industrial processing plants located outside the incorporated limits of any city unless such systems are connected to a public water or sewer system.

(e) Work on plumbing systems on premises owned or operated by an employer who regularly employs maintenance or construction plumbers, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter.

(f) Nothing contained in this section or any other provision of this code shall be construed or applied to require a sewer contractor, sewage disposal contractor, or any excavating or utility contractor who generally engages in the business of installing, altering or repairing sewers, private and public sewage disposal systems, and water distribution and/or drainage lines outside the foundation walls of any building or structure to obtain a valid contractor's certificate of competency or to employ only journeymen plumbers possessing a valid journeyman plumber's certificate of competency or registration or to in any way require that his employees be registered, licensed or declared competent by the board.

(g) Water treatment installations and repairs when installed in residential or business properties, provided the same, when installed, repaired or completed, shall be inspected by a designated, qualified and properly identified agent of the division of occupational and professional licenses as to quality of workmanship and compliance with the applicable provisions of this chapter.

(h) Plumbing work within modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.

(i) Individuals holding a current installer license pursuant to the provisions of chapter 21, title 44, Idaho Code, may make connections from manufactured home or mobile home sewer or water facilities to existing sewer or water facilities on-site.

(j) Individuals licensed pursuant to chapter 10, title 54, Idaho Code, or chapter 50, title 54, Idaho Code, as follows:

(i) Individuals holding a current HVAC or electrical license may install electrical circuitry from the disconnecting means to a water heater and electrical connections to the water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long.

(ii) Individuals holding a current HVAC license may install gas piping and piping for hydronic systems.

(iii) Individuals holding a current HVAC license may install boilers that are not otherwise subject to inspection by the industrial commission or its authorized agent.

(k) A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization's volunteers, performing plumbing installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate.

(2) To the extent that an electrical or HVAC installation permit issued by the Idaho division of occupational and professional licenses includes any part of a plumbing installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid.

(3) Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of plumbing installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed journeyman plumber and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements.

(4) Any person, firm, copartnership, association or corporation making water treatment installations and/or repairs in accordance with the provisions of this chapter shall maintain a surety bond in the amount of two thousand dollars ($2,000).

History:

[(54-2602) 39-2701, added 1957, ch. 214, sec. 2, p. 454; am. 1963, ch. 138, sec. 2, p. 392; am. 1969, ch. 184, sec. 1, p. 548; am. 1974, ch. 39, sec. 25, p. 1023; am. 1975, ch. 173, sec. 1, p. 467; am. and redesig. 1984, ch. 123, sec. 2, p. 282; am. 1996, ch. 421, sec. 51, p. 1436; am. 2004, ch. 250, sec. 7, p. 720; am. 2007, ch. 197, sec. 2, p. 598; am. 2007, ch. 252, sec. 9, p. 746; am. 2008, ch. 381, sec. 1, p. 1051; am. 2018, ch. 199, sec. 2, p. 447; am. 2020, ch. 77, sec. 1, p. 165; am. 2022, ch. 301, sec. 2, p. 953; am. 2025, ch. 47, sec. 13, p. 233.]
Idaho Code § 54-4105 — Idaho Code / Title 54 / Chapter 41 / Section 54-4105
54-4105 EXCEPTIONS.
Status: in_force

54-4105. Exceptions. (1) The provisions of this chapter do not restrict the right to use the term "appraiser," provided that such term is not used in a manner that creates the impression of certification by the state of Idaho to perform real estate appraisals other than ad valorem tax appraisals. However, nothing in this chapter shall entitle a state licensed or state certified real estate appraiser to appraise real estate for ad valorem tax purposes unless he has first been certified by the Idaho state tax commission pursuant to section 63-105A(17), Idaho Code.

(2) The provisions of this chapter shall not apply to a licensed real estate broker, associate broker or salesperson who, in the ordinary course of his business gives an opinion of the price of real estate for the purpose of a prospective listing or sale, provided that such person does not represent himself as being a state licensed or certified real estate appraiser.

(3) The provisions of this chapter shall not prohibit a real estate broker or associate broker licensed under chapter 20, title 54, Idaho Code, whose license is active and in good standing, from rendering a broker's price opinion, for which the broker may charge a fee, provided the broker's price opinion complies with the following requirements:

(a) The broker's price opinion shall be in writing and contain the following:

(i) A statement of the intended purpose of the price opinion;

(ii) A brief description of the subject property and property interest to be priced;

(iii) The basis of reasoning used to reach the conclusion of the price, including the applicable market data and/or capitalization computation;

(iv) Any assumptions or limiting conditions;

(v) A disclosure of any existing or contemplated interest of the broker(s) issuing the opinion;

(vi) The name and signature of the broker(s) issuing the price opinion and the date of its issuance;

(vii) A disclaimer that, unless the broker is licensed under the Idaho real estate appraisers act, chapter 41, title 54, Idaho Code, the report is not intended to meet the uniform standards of professional appraisal practice;

(viii) A disclaimer that the broker's price opinion is not intended to be an appraisal of the market value of the property, and that if an appraisal is desired, the services of a licensed or certified appraiser should be obtained.

The broker's price opinion permitted under this chapter may not be used as an appraisal, or in lieu of an appraisal, in a federally related transaction.

(4) Any person who is not licensed or certified under the provisions of this chapter may assist a state licensed or certified real estate appraiser in the performance of an appraisal, provided that he is actively and personally supervised by the state licensed or certified appraiser and provided further that any appraisal report rendered in connection with the appraisal is reviewed and signed by the state licensed or certified real estate appraiser.

(5) The provisions of this chapter requiring mandatory licensure or certification shall not apply to employees or agents of the Idaho transportation department or a local highway jurisdiction when estimating the market value for property that is subject to eminent domain by the department or local highway jurisdiction, or property owned by the department or local highway jurisdiction that has been declared surplus, where a noncomplex appraisal would normally be ordered, and the market value is ten thousand dollars ($10,000) or less. Such estimates of market value shall be reviewed and approved by an Idaho state certified general real estate appraiser. Idaho state certified general real estate appraisers who estimate or review market value of property under this section shall be exempt from the requirements of uniform standards of professional appraisal practice. A value estimate shall be provided to the property owner who shall also be informed of his right to request and receive an appraisal of his property.

(6) This chapter shall not prohibit a property owner from expressing his personal opinion of the value of his own property, nor shall the provisions of this chapter prohibit a lender, or employee of a lending institution, from forming and expressing an opinion of collateral value in the ordinary course of business including, but not limited to, mortgaging property, underwriting a loan, or foreclosing a loan, so long as such opinion of collateral value is not represented as being an appraisal of the market value of the property, or prepared under the provisions of this chapter.

(7) This chapter shall not prohibit an attorney or accountant from rendering professional advice within the ordinary course of his profession, so long as such advice is not represented to be an appraisal of the market value of the property.

History:

[54-4105, added 1990, ch. 82, sec. 1, p. 166; am. 1992, ch. 92, sec. 5, p. 285; am. 1993, ch. 320, sec. 1, p. 1178; am. 1994, ch. 71, sec. 1, p. 148; am. 1996, ch. 137, sec. 1, p. 462; am. 1996, ch. 322, sec. 56, p. 1085; am. 1999, ch. 54, sec. 3, p. 138; am. 2002, ch. 31, sec. 1, p. 45; am. 2004, ch. 85, sec. 1, p. 319; am. 2013, ch. 137, sec. 1, p. 321.]
Idaho Code § 54-5022 — Idaho Code / Title 54 / Chapter 50 / Section 54-5022
54-5022 VIOLATION — MISDEMEANOR — PENALTY.
Status: in_force

54-5022. Violation — Misdemeanor — Penalty. It shall be a misdemeanor for any person, firm, partnership, company, association or corporation by and through a member, representative or agent to:

(1) Engage in the business, trade, practice or work of HVAC without a certificate of competency or without registration;

(2) Perform work without a permit as provided in this chapter;

(3) Violate any provision of this chapter or the rules made by both the administrator of the division of occupational and professional licenses and the Idaho heating, ventilation and air conditioning board;

(4) Refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time; or

(5) Fail, neglect or refuse to obey any lawful order given or made by the administrator.

Such person, firm, partnership, company, association or corporation shall be subject to the civil penalties established by administrative rule but not to exceed one thousand dollars ($1,000). Each day of such violation shall constitute a separate offense. A violation shall be considered a second or additional offense only if it occurs within one (1) year of the first violation.

History:

[54-5022, added 2003, ch. 276, sec. 1, p. 741; am. 2004, ch. 308, sec. 13, p. 866; am. 2023, ch. 15, sec. 72, p. 114.]
Idaho Code § 54-2918A — Idaho Code / Title 54 / Chapter 29 / Section 54-2918A
54-2918A AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.
Status: in_force

54-2918A. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT. The terms and conditions of the audiology and speech-language pathology interstate compact are hereby enacted as follows:

AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT (ASLP-IC)

SECTION 1

PURPOSE

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This compact is designed to achieve the following objectives:

1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;

2. Enhance the member states' ability to protect the public's health and safety;

3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;

4. Support spouses of relocating active duty military personnel;

5. Enhance the exchange of licensure, investigative, and disciplinary information between member states;

6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and

7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

SECTION 2

DEFINITIONS

As used in this compact, and except as otherwise provided, the following definitions shall apply:

A. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211.

B. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.

C. "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

D. "Audiologist" means an individual who is licensed by a state to practice audiology.

E. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.

F. "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.

G. "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.

H. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.

I. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

J. "Data system" means a repository of information about licensees, including but not limited to continuing education, examination, licensure, investigative information, compact privilege, and adverse action.

K. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).

L. "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

M. "Home state" means the member state that is the licensee's primary state of residence.

N. "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

O. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

P. "Member state" means a state that has enacted the compact.

Q. "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

R. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

S. "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.

T. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

U. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.

V. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.

W. "State" means any state, commonwealth, district, or territory of the United States that regulates the practice of audiology and speech-language pathology.

X. "State practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

Y. "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.

SECTION 3

STATE PARTICIPATION IN THE COMPACT

A. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.

1. A member state must fully implement a criminal background check requirement within a time frame established by rule by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.

2. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.

C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.

E. An audiologist must:

1. Meet one (1) of the following educational requirements:

a. On or before December 31, 2007, have graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;

b. On or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or

c. Have graduated from an audiology program housed in an institution of higher education outside of the United States: (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and (b) for which the degree program has been verified by an independent credentials review agency comparable to a licensing board-approved program;

2. Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;

3. Have successfully passed a national examination approved by the commission;

4. Hold an active, unencumbered license;

5. Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and

6. Have a valid United States social security or national practitioner identification number.

F. A speech-language pathologist must:

1. Meet one (1) of the following educational requirements:

a. Have graduated with a master's degree from a speech-language pathology program accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or

b. Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States: (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and (b) for which the degree program has been verified by an independent credentials review agency comparable to a licensing board-approved program;

2. Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;

3. Have completed a supervised postgraduate professional experience as required by the commission;

4. Have successfully passed a national examination approved by the commission;

5. Hold an active, unencumbered license;

6. Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and

7. Have a valid United States social security or national practitioner identification number.

G. The privilege to practice is derived from the home state license.

H. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.

I. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

J. Member states may charge a fee for granting a compact privilege.

K. Member states must comply with the bylaws and rules and regulations of the commission.

SECTION 4

COMPACT PRIVILEGE

A. To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:

1. Hold an active license in the home state;

2. Have no encumbrance on any state license;

3. Be eligible for a compact privilege in any member state in accordance with section 3 of this compact;

4. Have not had any adverse action against any license or compact privilege within the previous two (2) years from date of application;

5. Notify the commission that the licensee is seeking the compact privilege within a remote state or states;

6. Pay any applicable fees, including any state fee, for the compact privilege; and

7. Report to the commission any adverse action taken by a nonmember state within thirty (30) days from the date the adverse action is taken.

B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall hold only one (1) home state license at a time.

C. Except as provided in section 6 of this compact, if an audiologist or speech-language pathologist changes primary state of residence by moving between two (2) member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.

D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

F. If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.

G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 4A of this compact to maintain the compact privilege in the remote state.

H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

J. If a home state license is encumbered, the licensee shall lose the compact privilege in a remote state until the following occur:

1. The home state license is no longer encumbered; and

2. Two (2) years have elapsed from the date of the adverse action.

K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 4A of this compact to obtain a compact privilege in a remote state.

L. Once the requirements of section 4J of this compact have been met, the licensee must meet the requirements in section 4A of this compact to obtain a compact privilege in a remote state.

SECTION 5

COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 of this compact and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.

SECTION 6

ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.

SECTION 7

ADVERSE ACTIONS

A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

1. Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

3. Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.

B. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

C. The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

D. If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

E. The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.

F. Joint investigations:

1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

G. If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.

H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

I. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8

ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION

A. The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission:

1. The commission is an instrumentality of the compact states.

2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

B. Membership, voting, and meetings:

1. Each member state shall have two (2) delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One (1) shall be an audiologist and one (1) shall be a speech-language pathologist.

2. An additional five (5) delegates, who are either public members or board administrators from a licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.

3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

4. The member state board shall fill any vacancy occurring on the commission within ninety (90) days.

5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.

6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

C. The commission shall have the following powers and duties:

1. Establish the fiscal year of the commission;

2. Establish bylaws;

3. Establish a code of ethics;

4. Maintain financial records in accordance with the bylaws;

5. Meet and take actions as are consistent with the provisions of this compact and the bylaws;

6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;

7. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including but not limited to employees of a member state;

10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed; provided, that at all times the commission shall avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

14. Establish a budget and make expenditures;

15. Borrow money;

16. Appoint committees, including standing committees composed of members and other interested persons, as may be designated in this compact and the bylaws;

17. Provide and receive information from, and cooperate with, law enforcement agencies;

18. Establish and elect an executive committee; and

19. Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.

D. The executive committee:

1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.

2. The executive committee shall be composed of ten (10) members:

a. Seven (7) voting members who are elected by the commission from the current membership of the commission;

b. Two (2) ex officio members, consisting of one (1) nonvoting member from a recognized national audiology professional association and one (1) nonvoting member from a recognized national speech-language pathology association; and

c. One (1) ex officio nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing board.

E. The ex officio members shall be selected by their respective organizations.

1. The commission may remove any member of the executive committee as provided in the bylaws.

2. The executive committee shall meet at least annually.

3. The executive committee shall have the following duties and responsibilities:

a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;

b. Ensure compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the commission;

e. Monitor compact compliance of member states and provide compliance reports to the commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in rules or bylaws.

4. All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10 of this compact.

5. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:

a. Noncompliance of a member state with its obligations under the compact;

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement purposes;

i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or

j. Matters specifically exempted from disclosure by federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

7. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

8. Financing of the commission:

a. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

c. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which assessment must be in an amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding on all member states.

9. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same or pledge the credit of any of the member states, except by and with the authority of the member state.

10. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

F. Qualified immunity, defense, and indemnification:

1. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 9

DATA SYSTEM

A. The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Nonconfidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason or reasons for denial; and

6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

C. Investigative information pertaining to a licensee in any member state shall be available only to other member states.

D. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10

RULEMAKING

A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

D. Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted on, the commission shall file a notice of proposed rulemaking:

1. On the website of the commission or other publicly accessible platform; and

2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

E. The notice of proposed rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted on;

2. The text of the proposed rule or amendment and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

F. Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings shall be recorded. A copy of the recording shall be made available on request.

4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.

I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

J. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

K. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

L. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible and in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of commission or member state funds; or

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

SECTION 11

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Dispute resolution:

1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

B. Enforcement:

1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SECTION 12

DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS

A. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

B. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

C. Any member state may withdraw from this compact by enacting a statute repealing the same.

1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

D. Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

E. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 13

CONSTRUCTION AND SEVERABILITY

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

SECTION 14

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

B. All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

C. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding on the member states.

D. All agreements between the commission and the member states are binding in accordance with their terms.

E. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

History:

[54-2918A, added 2022, ch. 183, sec. 1, p. 594; am. 2023, ch. 218, sec. 16, p. 626.]
Idaho Code § 54-4407 — Idaho Code / Title 54 / Chapter 44 / Section 54-4407
54-4407 PEER ASSISTANCE ENTITY TO REPORT TO BOARD.
Status: in_force

54-4407. Peer assistance entity to report to board. (1) The legislature recognizes that confidentiality is essential to obtaining maximum disclosure from impaired health care professionals; such disclosure is vital to the success of the peer assistance process. It is also recognized that the public must be protected from health care professionals who continue to practice in an impaired state.

(2) If the peer assistance entity reasonably believes that a health care professional continues to practice in an impaired state after entering into the peer assistance entity's program and despite the peer assistance entity's recommendations for treatment or modification of practice to remove risk to the public from the effects of the impairment, the peer assistance entity shall immediately notify the appropriate board regarding the impaired health care professional and provide all documentation relevant to substantiate the impaired practice. Similarly, if the licensing board reasonably believes that a health care professional continues to practice in an impaired state, it can require the peer assistance entity to provide all documentation available on the current ability to practice of the individual. Information that does not deal directly with the professional ability to practice will remain privileged.

(3) The board shall have access to financial and administrative records necessary to determine contract compliance and to reports regarding aggregate statistical information; provided, information released pursuant to this subsection shall not contain data which could be used to specifically identify past or present peer assistance program participants.

(4) The board shall have the authority to use any documentation or information supplied to it from a peer assistance entity pursuant to this section or section 54-4406, Idaho Code, as it deems necessary and which is consistent with applicable Idaho law.

(5) Nothing in this chapter shall be deemed to supersede any duty to report under chapter 19, title 6, or section 16-1605 or 16-1606, Idaho Code.

History:

[54-4407, added 1993, ch. 73, sec. 1, p. 196; am. 2005, ch. 391, sec. 58, p. 1314.]
Idaho Code § 54-2413 — Idaho Code / Title 54 / Chapter 24 / Section 54-2413
54-2413 VIOLATIONS AND PENALTIES.
Status: in_force

54-2413. Violations and penalties. Any person who shall practice or attempt to offer to practice as a drinking water operator or wastewater operator or backflow assembly tester, as defined in this chapter, without having at the time of so doing a current, unexpired, unrevoked, and unsuspended license issued under this chapter shall be deemed guilty of a misdemeanor and, for each violation, shall be subject to punishment by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months, or both.

History:

[54-2413, added 2004, ch. 335, sec. 1, p. 1001.]
Idaho Code § 54-2316 — Idaho Code / Title 54 / Chapter 23 / Section 54-2316
54-2316 PRESCRIPTIVE AUTHORITY.
Status: in_force

54-2316. prescriptive authority. (1) No psychologist licensed under this chapter shall issue a prescription without valid certification or provisional certification of prescriptive authority issued pursuant to section 54-2317, 54-2318 or 54-2319, Idaho Code.

(2) Psychologists licensed under this chapter who hold a certification or a provisional certification of prescriptive authority shall prescribe only those drugs or controlled substances that are:

(a) Recognized in or customarily used in the diagnosis, treatment and management of individuals with psychiatric, mental, cognitive, nervous, emotional or behavioral disorders;

(b) Relevant to the practice of psychology or other procedures directly related thereto; and

(c) Within the scope of the psychologist's license and certification of prescriptive authority.

(3) A psychologist who holds provisional certification of prescriptive authority may prescribe only under the direct supervision of a supervising physician who meets the requirements of section 54-2317(6), Idaho Code.

(4) A psychologist who issues a prescription to a patient pursuant to this section shall collaborate with the patient's licensed medical provider.

(5) All prescriptions issued pursuant to this section shall comply with all applicable federal and state laws, rules and regulations and rules of the board.

(6) No psychologist may prescribe for a pediatric or geriatric patient without meeting all requirements of this chapter, including the provisions of section 57-2318(2), Idaho Code.

(7) No person licensed under this chapter shall accept any payment, directly or indirectly:

(a) From any person licensed as a health care provider under title 54, Idaho Code, whose license does not permit the writing of prescriptions, for writing a prescription or dispensing a prescription drug to a patient;

(b) From any person who holds himself or herself out as a health care provider in any form who is not licensed under title 54, Idaho Code; or

(c) From any business or professional entity regardless of the form of its organization, for writing a prescription or dispensing a prescription drug to a patient unless such entity is authorized to conduct business under chapter 17, title 54, Idaho Code, or licensed as a licensed health care provider or health care facility or is otherwise approved by the board.

(8) The restriction contained in subsection (7) of this section shall not prevent a person licensed under this chapter from accepting payment from any such person who is a patient, or for services provided to a patient or to someone the patient is legally obligated to support or from any insurer or other entity authorized under the laws of this state to provide insurance or pay benefits on behalf of a self-insured plan or government program.

History:

[54-2316, added 2017, ch. 238, sec. 3, p. 587.]
Idaho Code § 54-5815 — Idaho Code / Title 54 / Chapter 58 / Section 54-5815
54-5815 SCHOOL REQUIREMENTS.
Status: in_force

54-5815. school requirements. (1) Every barber school or cosmetology school located in this state must:

(a) Be licensed under the provisions of this chapter;

(b) Employ and maintain at least one (1) licensed barber instructor or barber-stylist instructor if a barber school and one (1) licensed cosmetology instructor if a cosmetology school. A school must employ and maintain a licensed instructor for every twenty (20) students or fraction thereof, with an instructor trainee counting as an instructor for purposes of the student-instructor ratio as long as there is a licensed instructor on the premises who is available during all school hours. An instructor at a licensed school must be licensed in the state of Idaho as an instructor;

(c) Possess sufficient apparatus and equipment for the proper and full teaching of all subjects of its curriculum;

(d) Keep a daily attendance record for each student;

(e) Maintain regular class and instruction hours, establish grades and hold monthly examinations;

(f) Prescribe a school term for training in all aspects of the practice of barbering, barber-styling, cosmetology or electrology;

(g) Provide applicable curricula on hygiene, bacteriology, and elementary chemistry relating to disinfection and antiseptics;

(h) If a school of cosmetology, provide applicable curricula on subjects relating to cosmetology, nail technology, esthetics, electrology, instruction and haircutting as follows:

(i) The curriculum for cosmetology shall include histology of the hair, skin, muscles, nails and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the body; permanent waving, haircutting and arranging, dressing, coloring, bleaching and tinting of the hair; a study of electricity as applied to cosmetology; and the Idaho laws and rules governing the practice of cosmetology;

(ii) The curriculum for nail technology shall include histology of the hands and feet, skin, muscles, nails and nerves; structure of the hands and feet; diseases of the skin, glands and nails; massaging and manipulating the muscles of the hands and feet; a study of electricity as applied to nail technology; and the Idaho laws and rules governing the practice of nail technology;

(iii) The curriculum for esthetics shall include histology of the skin, muscles and nerves; structure of the head, face and neck; diseases of the skin, glands and nails; massaging and manipulating the muscles of the body; a study of electricity as applied to esthetics; and the Idaho laws and rules governing the practice of esthetics;

(iv) The curriculum for electrology shall include histology of the hair, skin, muscles, nails and nerves; structure of the body; diseases of the skin, hair, glands and nails; hypertrichosis; permanent removal of unwanted hair; a study of electricity as applied to electrology, including the use and study of galvanic current and the use and study of both automatic and manual high-frequency current; and the Idaho laws and rules governing the practice of electrology; and

(v) The curriculum for instructors shall include fundamentals of adult education; communication; preparation of lesson plans; practical and theoretical presentation and demonstration; use of teaching aids; measurement and evaluation; and the Idaho laws and rules governing cosmetology and electrology, in addition to teaching the occupations defined in section 54-5802, Idaho Code;

(i) If a school of barbering, provide applicable curricula on subjects relating to barbering and barber-styling as follows:

(i) The curriculum for barbers shall include histology of the hair, skin, nails, muscles and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the upper body; haircutting; shaving; arranging and dressing the hair; and the Idaho laws and rules governing the practice of barbering; and

(ii) The curriculum for barber-stylists shall include histology of the hair, skin, nails, muscles and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the upper body; haircutting; shaving; arranging, dressing, curling, waving, straightening, coloring, bleaching and tinting of the hair; and the Idaho laws and rules governing the practice of barber-styling;

(j) Denote with clarity that the establishment is a school and that work is done by students. Such facts shall be made clear to patrons of the school by signs conspicuously posted in the school and the adjoining shop, if any. Students shall not be permitted to render any chemical service to a live human until such student has completed at least five percent (5%) of the required instruction;

(k) Employ instructors who are licensed instructors in this state;

(l) Not permit any student or apprentice to receive instruction unless the school is licensed under the provisions of this chapter;

(m) Require instructors to devote their time during school or class hours to instructing students rather than to engaging in occupational practice; and

(n) Offer school hours for the purpose of instruction on at least five (5) days per week.

(2) Training received in electrology, esthetics, or nail technology in a school shall not be recognized unless the school has been approved for such training by the board and the school meets and maintains the requirements to train electrologists, estheticians, and nail technicians as established by board rule.

(3) Every school approved by the board shall deliver to the board a bond to the state of Idaho in the sum of twenty thousand dollars ($20,000) and shall renew the same bond annually, conditioned that such school shall continue to give its courses of instruction in accordance with the provisions of this chapter until it has completed all such courses for which students have enrolled and further conditioned that such school shall fully comply with all promises or representations made to enrolled students as an inducement to such students to enroll. The bond must be in a form approved by the board and must be executed by a corporate surety company duly authorized to do business in this state. Any student so enrolled who may be damaged by reason of the failure of such school to comply with such conditions shall have a right of action in the student's own name on such bonds for such damage.

History:

[54-5815, added 2018, ch. 228, sec. 3, p. 530; am. 2020, ch. 182, sec. 12, p. 569.]
Idaho Code § 54-2503 — Idaho Code / Title 54 / Chapter 25 / Section 54-2503
54-2503 RACING COMMISSION CREATED — APPOINTMENT — REMOVAL — CLAIMS.
Status: in_force

54-2503. Racing commission created — Appointment — Removal — Claims. There is hereby created in the Idaho state police the Idaho state racing commission, to consist of three (3) members, who shall be citizens, residents, and qualified electors of the state of Idaho.

The members of said commission shall be appointed by the governor within thirty (30) days after this act takes effect, one (1) for a term to expire on the Thursday following the second Monday in January, 1965, and one (1) for a term to expire on the Thursday following the second Monday in January, 1967, and one (1) for a term to expire on the Thursday following the second Monday in January, 1969, and upon the expiration of the term of any member of said commission, the governor shall appoint a successor for a term of six (6) years. All appointments to the Idaho state racing commission shall be subject to the approval of the senate.

Each member shall hold office until his successor is appointed and qualified. Vacancies on the commission shall be filled by appointment to be made by the governor for the unexpired term.

Any member may be removed from office by the governor for cause after a public hearing. Notice of said hearing shall fix the time and place of hearing and shall specify the charges. Copy of the notice of hearing shall be served on the member by mailing the same to the member at his last known address at least ten (10) days before the date fixed for said hearing.

History:

[54-2503, added 1963, ch. 64, sec. 3, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 1, p. 1037; am. 1974, ch. 27, sec. 192, p. 811; am. 1987, ch. 316, sec. 3, p. 661; am. 2000, ch. 469, sec. 127, p. 1587.]
Idaho Code § 54-1003A — Idaho Code / Title 54 / Chapter 10 / Section 54-1003A
54-1003A DEFINITIONS.
Status: in_force

54-1003A. Definitions. (1) Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting, or carrying on the business of installing wires or equipment to carry electric current or installing apparatus to be operated by such current, or entering into agreements to install such wires, equipment or apparatus, shall for the purpose of this chapter be known as an electrical contractor. An electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker's compensation insurance if applicable.

(2) Journeyman Electrician. Except as provided in section 54-1016, Idaho Code, and subsections (4), (5), (6), and (7) of this section, any person who personally performs or supervises the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, or engages in planning, lay out, or design of such wiring, equipment, or apparatus, or the supervision thereof, shall for the purpose of this chapter be known as a journeyman electrician.

(3) Residential Electrician. Any person who personally performs or supervises the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current in a residential setting, shall for the purposes of this chapter be known as a residential electrician. A residential electrician may work in a non-residential setting only as a registered apprentice electrician under the constant on-the-job supervision of a journeyman electrician.

(4) Apprentice Electrician. Any person who, for the purpose of learning the trade of residential electrician or journeyman electrician, engages in the installation of electrical wiring, equipment, or apparatus while under the constant on-the-job supervision of a qualified residential electrician, journeyman electrician, or master electrician shall for the purpose of this chapter be known as an apprentice electrician.

(5) Maintenance Electrician. Any person who is regularly employed to service, maintain or repair electrical apparatus, or to make minor repairs or alterations to existing electrical wires or equipment located on his employer's premises shall for the purpose of this chapter be known as a maintenance electrician.

(6) Master Electrician. A person who has the necessary qualifications, training, experience and technical knowledge to plan, lay out or design the installation of electrical wiring or equipment, or to supervise such planning, layout, or design, and who performs or supervises such planning, layout or design, shall for the purpose of this chapter be known as a master electrician.

(7) Limited Electrical Installer. A person having the necessary qualifications, training, experience and technical knowledge to install, alter, repair and supervise the installation, alteration or repair of special classes of electrical wiring, apparatus or equipment within categories adopted by the board. Limited electrical installers shall perform work only within the scope of the restricted category for which the person is licensed.

(8) Limited Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting or carrying on the business of installing, altering or repairing restricted categories of electrical wiring, apparatus or equipment within categories adopted by the board, or entering into agreements to perform such restricted work, shall for the purpose of this chapter be known as a limited electrical contractor. Limited electrical contractors shall perform work only within the scope of the restricted category for which the contractor is licensed. A limited electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker's compensation insurance if applicable.

(9) Limited Electrical Installer Trainee. Any person who engages in the installation of restricted categories of electrical wiring, equipment or apparatus under the constant on-the-job supervision of a qualified limited electrical installer shall for the purpose of this chapter be known as a limited electrical installer trainee.

(10) Electrical Facility Employer Account or Facility Account. An employer licensed with the division of occupational and professional licenses who employs individuals holding valid journeyman or master electrician licenses to perform alterations, extensions and new installations of electrical systems or components thereof on premises owned by the employer. The employer may also employ maintenance electricians in accordance with section 54-1016, Idaho Code.

(11) Provisional Journeyman Electrician. Any person who has met the requirements of section 54-1007(4), Idaho Code, and who wishes to perform the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, while under the constant on-the-job supervision of a qualified residential electrician, journeyman electrician, or master electrician may upon application, for the purposes of this chapter, be known as a provisional journeyman electrician.

(12) Residential Setting. For the purposes of this chapter, residential setting means one (1) and two (2) family dwellings, townhouses, and multi-family structures up to three (3) stories.

History:

[54-1003A, added 1961, ch. 311, sec. 6, p. 583; am. 1986, ch. 296, sec. 3, p. 743; am. 1999, ch. 99, sec. 3, p. 312; am. 1999, ch. 367, sec. 3, p. 970; am. 2005, ch. 82, sec. 1, p. 294; am. 2018, ch. 208, sec. 5, p. 462; am. 2018, ch. 209, sec. 3, p. 469; am. 2019, ch. 292, sec. 3, p. 866; am. 2023, ch. 15, sec. 37, p. 94; am. 2023, ch. 244, sec. 6, p. 747.]
Idaho Code § 54-1235 — Idaho Code / Title 54 / Chapter 12 / Section 54-1235
54-1235 PRACTICE BY A BUSINESS ENTITY.
Status: in_force

54-1235. Practice by a business entity. (1) The practice of or offer to practice professional engineering or professional land surveying, as defined in this chapter, by professional engineers or professional land surveyors, through a business entity, or by a business entity through professional engineers or professional land surveyors, as employees, or officers, is permitted subject to the provisions of this chapter, provided that all personnel of such business entity, who act in its behalf as professional engineers or professional land surveyors in this state are licensed as provided by this chapter, or are persons lawfully practicing under the exemptions enumerated in this chapter, and further provided that said business entity, except utilities regulated by the Idaho public utilities commission, has been issued a certificate of authorization by the board as provided by this chapter. No business entity shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with the provisions of this chapter, nor shall any individual practicing professional engineering or professional land surveying as defined in this chapter, be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with such business entity. All final drawings, specifications, plats, reports, or other engineering or land surveying papers or documents involving the practice of professional engineering or professional land surveying as defined in this chapter, which shall have been prepared or approved for the use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the professional engineer or professional land surveyor who prepared or approved them.

(2) A business entity organized pursuant to this section may provide or offer to provide allied professional services as defined in section 30-21-901, Idaho Code, in connection with the providing of engineering or land surveying services, by persons licensed in allied professions acting as employees or officers, provided such persons are duly licensed or otherwise legally authorized to render such allied professional services within this state.

(3) A business entity desiring a certificate of authorization for engineering, for land surveying, or for both, shall file with the board a description of the engineering or land surveying service to be offered or practiced in the state, an application upon a form to be prescribed by the board and the designation required by the following paragraph, accompanied by the application fee.

(4) Such business entity shall file with the board a designation of an individual or individuals duly licensed to practice professional engineering or professional land surveying in this state who shall be in responsible charge of the practice of professional engineering or land surveying, as applicable, by said business entity in this state. In the event there shall be a change in the individual or individuals in responsible charge, such changes shall be designated in writing and filed with the board within thirty (30) days after the effective date of such change.

If all requirements of this chapter are met, the board shall issue to such business entity a certificate of authorization for professional engineering, for land surveying, or for both; provided, however, the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate.

A professional engineer or professional land surveyor who renders occasional, part-time or consulting engineering or land surveying services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.

(5) The secretary of state shall not accept for filing from any person any assumed business name which includes within its name any of the words "engineer," "engineering," "land surveyor," "land surveying," or any modification or derivation thereof, unless the board shall have issued a letter indicating that the person has a licensed professional in responsible charge of the professional activities of the sole proprietorship or business entity. The board may notify the secretary of state, in writing, that it waives any objection to the name if the person is clearly not governed by chapter 12, title 54, Idaho Code. The secretary of state shall not accept for filing the organizational documents of an Idaho business entity, or authorize the transaction of business by any foreign business entity which includes, among objects for which it is established or within its name, any of the words "engineer," "engineering," "land surveyor," "land surveying," or any modification or derivation thereof, unless the board shall have issued for said applicant a certificate of authorization or a letter indicating the eligibility of said applicant to receive such certificate. The board may notify the secretary of state, in writing, that it waives any objection to the name or purpose of any business entity if it is clearly not governed by chapter 12, title 54, Idaho Code. The business entity applying shall include such certificate or letter from the board with any filings submitted to the secretary of state.

History:

[54-1235, added 1963, ch. 20, sec. 1, p. 161; am. 1978, ch. 170, sec. 23, p. 389; am. 1979, ch. 176, sec. 1, p. 527; am. 1986, ch. 140, sec. 27, p. 396; am. 1990, ch. 192, sec. 10, p. 433; am. 1996, ch. 357, sec. 21, p. 1203; am. 2001, ch. 247, sec. 10, p. 898; am. 2008, ch. 378, sec. 25, p. 1044; am. 2015, ch. 251, sec. 6, p. 1048.]
Idaho Code § 54-3704 — Idaho Code / Title 54 / Chapter 37 / Section 54-3704
54-3704 EXEMPTIONS.
Status: in_force

54-3704. Exemptions. Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to this chapter of:

(1) Any person licensed or regulated by the state of Idaho from engaging in the profession or practice for which they are licensed or regulated, including, but not limited to, any athletic trainer, chiropractor, dentist, nurse, physician, podiatrist, physical therapist, optometrist, osteopath, surgeon or any other licensed or regulated practitioner of the healing arts, nor restrict employees working under the direct supervision of those persons referred to in this subsection, as long as such person does not hold himself or herself out as an occupational therapist, occupational therapy assistant or a person engaged in the practice of occupational therapy; or

(2) Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency thereof, if such person provides occupational therapy solely under the direction or control of the organization by which such person is employed; or

(3) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program, if the person is designated by a title which clearly indicates a student or trainee status; or

(4) Any person fulfilling the supervised fieldwork experience requirements of section 54-3706, Idaho Code, if the experience constitutes a part of the experience necessary to meet the requirement of that section; or

(5) Any person who, for purposes of continuing education, consulting, and/or training, is performing occupational therapy services in this state for no more than sixty (60) days in a calendar year in association with an occupational therapist licensed under this chapter, if the person is a licensed occupational therapist or occupational therapy assistant in good standing in another state.

History:

[54-3704, added 1987, ch. 69, sec. 1, p. 124; am. 2009, ch. 222, sec. 4, p. 694; am. 2018, ch. 51, sec. 2, p. 134.]
Idaho Code § 54-3501 — Idaho Code / Title 54 / Chapter 35 / Section 54-3501
54-3501 PURPOSE.
Status: in_force

54-3501. Purpose. The legislature finds and declares that the provision of medical and therapeutic nutritional services affects the public health, safety, and welfare. The legislature further finds that it is in the public interest to aid in the provision of medical and therapeutic nutritional services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of dietitians within the state of Idaho.

History:

[54-3501, added 1994, ch. 217, sec. 1, p. 674.]
Idaho Code § 54-3202 — Idaho Code / Title 54 / Chapter 32 / Section 54-3202
54-3202 DEFINITIONS.
Status: in_force

54-3202. Definitions. As used in this chapter, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meaning.

(1) "Board" means the state board of social work examiners hereinafter provided in this chapter.

(2) "Social work" is defined as the professional activity of helping individuals, groups, families and communities enhance or restore their capacity for social functioning and creating societal conditions favorable to this goal. Social work practice consists of the professional application of social work values, principles and techniques. The practice of social work requires knowledge of human development and behavior of social, economic and cultural institutions and of the interaction of all these factors.

(3) "Clinical social worker" means an individual who is licensed under this chapter and may be designated as a licensed clinical social worker (LCSW).

(4) "Master social worker" means an individual who is licensed under this chapter and may be designated as a licensed master social worker (LMSW).

(5) "Bachelor social worker" means an individual who is licensed under this chapter and may be designated as a licensed bachelor social worker (LBSW).

History:

[54-3202, added 1976, ch. 213, sec. 1, p. 777; am. 2002, ch. 85, sec. 1, p. 190.; am. 2010, ch. 161, sec. 1, p. 334; am. 2019, ch. 78, sec. 1, p. 182.]
Idaho Code § 54-421 — Idaho Code / Title 54 / Chapter 4 / Section 54-421
54-421 EMERGENCY MEDICAL EQUIPMENT AND PERSONNEL.
Status: in_force

54-421. Emergency medical equipment and personnel. A promoter shall have an ambulance or paramedical unit with appropriate resuscitation equipment continuously present at the event site during the performance of all contests and exhibitions in case a serious injury occurs.

History:

[(54-421) 54-420, added 1992, ch. 229, sec. 2, p. 686; am. and redesig. 2004, ch. 385, sec. 21, p. 1161; am. 2009, ch. 93, sec. 14, p. 279.]
Idaho Code § 54-3701 — Idaho Code / Title 54 / Chapter 37 / Section 54-3701
54-3701 LEGISLATIVE INTENT.
Status: in_force

54-3701. Legislative intent. In order to promote the public health, safety, and welfare; to promote the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services to the public.

History:

[54-3701, added 1987, ch. 69, sec. 1, p. 123; am. 2009, ch. 222, sec. 1, p. 691.]
Idaho Code § 54-4510 — Idaho Code / Title 54 / Chapter 45 / Section 54-4510
54-4510 FEES — DISPOSITION OF FUNDS.
Status: in_force

54-4510. Fees — Disposition of funds. (1) The board shall adopt by rule reasonable fees not to exceed two hundred dollars ($200) for each of the following:

(a) Initial examination and licensing;

(b) License renewal;

(c) Inactive licenses;

(d) License reinstatement; and

(e) Issuance, suspension and reinstatement of a certificate of authority.

(2) All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

History:

[54-4510, added 1998, ch. 410, sec. 1, p. 1271; am. 1999, ch. 272, sec. 1, p. 685; am. 2017, ch. 122, sec. 8, p. 291; am. 2021, ch. 224, sec. 71, p. 688.]
Idaho Code § 54-4309 — Idaho Code / Title 54 / Chapter 43 / Section 54-4309
54-4309 ISSUANCE OF LICENSE OR PERMIT.
Status: in_force

54-4309. ISSUANCE OF LICENSE OR PERMIT. The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fees. The board may, in its discretion, by rule or regulation, provide for the proration of fees charged in conjunction with the initial application by a person for a license if such license shall, upon issuance, remain valid for less than one (1) full calendar year before the required renewal date as provided for in section 54-4310, Idaho Code.

History:

[54-4309, added 2021, ch. 21, sec. 2, p. 58.]
Idaho Code § 54-5108 — Idaho Code / Title 54 / Chapter 51 / Section 54-5108
54-5108 LICENSE EXPIRATION AND RENEWAL.
Status: in_force

54-5108. license expiration and renewal. (1) A license issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the rules for the licensure of naturopathic medical doctors, upon payment of a renewal fee.

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

(a) Initial license and examination fee;

(b) Renewal of license fee;

(c) Inactive license fee; and

(d) Late renewal fees.

(3) No license expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-5106, Idaho Code, for obtaining an initial license.

History:

[54-5108, added 2019, ch. 208, sec. 1, p. 637; am. 2024, ch. 61, sec. 38, p. 305; am. 2024, ch. 86, sec. 45, p. 416.]
Idaho Code § 54-2516 — Idaho Code / Title 54 / Chapter 25 / Section 54-2516
54-2516 LICENSEE'S RIGHT TO WITHHOLD DEPOSITS.
Status: in_force

54-2516. Licensee's right to withhold deposits. (1) In the event any government or governmental agency imposes a levy on a licensee, by a special tax on the money so deposited under the pari-mutuel system, or upon or against his receipts therefrom, the said licensee may withhold in addition to the aforesaid per centum and breakage, as provided in section 54-2513 or section 54-2514, Idaho Code, the amount of the tax so levied.

(2) Breakage for interstate combined wagering pools shall be calculated in accordance with the statutes or rules of the host jurisdiction, and must be distributed among the participating jurisdictions in a manner agreed to among the jurisdictions.

History:

[(54-2516) 1963, ch. 64, sec. 15, p. 246; am. 1991, ch. 56, sec. 4, p. 109; amended and redesignated 1992, ch. 19, sec. 6, p. 63.]
Idaho Code § 54-906A — Idaho Code / Title 54 / Chapter 9 / Section 54-906A
54-906A UNLAWFUL PRACTICE OF DENTAL THERAPY.
Status: in_force

54-906A. UNLAWFUL PRACTICE OF DENTAL THERAPY. (1) Any person, not a dentist, who shall practice or in any manner hold himself out to any other person or to the public as qualified or licensed to practice dental therapy within the state of Idaho without at the time being a licensed dental therapist, or who performs any act, function, or service that is permitted a dental therapist by this chapter without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred dollars ($100) nor more than three hundred dollars ($300), or be imprisoned in the county jail for no less than thirty (30) days nor more than six (6) months, or both.

(2) Each act of practice, or holding out, or representation shall constitute a separate offense.

History:

[54-906A, added 2019, ch. 221, sec. 4, p. 671; am. 2026, ch. 221, sec. 85, p. 968.]
Idaho Code § 54-5504 — Idaho Code / Title 54 / Chapter 55 / Section 54-5504
54-5504 RULEMAKING.
Status: in_force

54-5504. rulemaking. (1) The rules adopted by the board shall:

(a) Define a formulary and protocol for use by licensed midwives of drugs indicated for maternal care or neonatal care, as provided for in section 54-5504A, Idaho Code, that shall include methods of obtaining, storing, and disposing of such drugs and an indication for use, dosage, route of administration, and duration of treatment;

(b) Define a protocol for medical waste disposal; and

(c) Establish scope and practice standards for antepartum, intrapartum, postpartum, and newborn care that shall, at a minimum:

(i) Prohibit a licensed midwife from providing care for a client with a history of disorders, diagnoses, conditions, or symptoms that include:

1. Placental abnormality;

2. Multiple gestation, except that midwives may provide antepartum care that is supplementary to the medical care of the physician overseeing the pregnancy, as long as it does not interfere with the physician's recommended schedule of care;

3. Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first;

4. Birth under thirty-seven and zero-sevenths (37 0/7) weeks and beyond forty-two and zero-sevenths (42 0/7) weeks gestational age;

5. A history of more than one (1) prior cesarean section, a cesarean section within eighteen (18) months of the estimated due date or any cesarean section that was surgically closed with a classical or vertical uterine incision;

6. Platelet sensitization, hematological, or coagulation disorders;

7. A body mass index of forty (40.0) or higher at the time of conception;

8. Prior chemotherapy and/or radiation treatment for a malignancy;

9. Previous preeclampsia resulting in premature delivery;

10. Cervical insufficiency;

11. HIV positive status; or

12. Opiate use that places the infant at risk of neonatal abstinence syndrome.

(ii) Prohibit a licensed midwife from providing care for a client with a history of the following disorders, diagnoses, conditions, or symptoms, unless such disorders, diagnoses, conditions, or symptoms are being treated, monitored, or managed by a licensed health care provider:

1. Diabetes;

2. Thyroid disease;

3. Epilepsy;

4. Hypertension;

5. Cardiac disease;

6. Pulmonary disease;

7. Renal disease;

8. Gastrointestinal disorders;

9. Previous major surgery of the pulmonary system, cardiovascular system, urinary tract, or gastrointestinal tract;

10. Abnormal cervical cytology;

11. Sleep apnea;

12. Previous bariatric surgery;

13. Hepatitis;

14. History of illegal drug use or excessive prescription drug use; or

15. Rh or other blood group disorders and a physician determines the pregnancy can safely be attended by a midwife.

(iii) Require a licensed midwife to recommend that a client see a physician licensed pursuant to chapter 18, title 54, Idaho Code, or an equivalent provision of the law of a state bordering Idaho and to document and maintain a record as required by section 54-5510, Idaho Code, if such client has a history of disorders, diagnoses, conditions, or symptoms that include:

1. Previous complicated pregnancy;

2. Previous cesarean section;

3. Previous pregnancy loss in second or third trimester;

4. Previous spontaneous premature labor;

5. Previous preterm rupture of membranes;

6. Previous preeclampsia;

7. Previous hypertensive disease of pregnancy;

8. Parvo;

9. Toxo;

10. CMV;

11. HSV;

12. Previous maternal/newborn group b streptococcus infection;

13. A body mass index of at least thirty-five (35.0) but less than forty (40.0) at the time of conception;

14. Underlying family genetic disorders with potential for transmission; or

15. Psychosocial situations that may complicate pregnancy.

(iv) Require that a licensed midwife facilitate the immediate transfer to a hospital for emergency care for disorders, diagnoses, conditions, or symptoms that include:

1. Maternal fever in labor;

2. Suggestion of fetal jeopardy, such as bleeding or meconium or abnormal fetal heart tones;

3. Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first, unless imminent delivery is safer than transfer;

4. Second-stage labor after two (2) hours of initiation of pushing when the mother has had a previous cesarean section;

5. Current spontaneous premature labor;

6. Current preterm premature rupture of membranes;

7. Current preeclampsia;

8. Current hypertensive disease of pregnancy;

9. Continuous uncontrolled bleeding;

10. Bleeding that does not respond to the administration of antihemorrhagic agents;

11. Delivery injuries to the bladder or bowel;

12. Grand mal seizure;

13. Uncontrolled vomiting;

14. Coughing or vomiting of blood;

15. Severe chest pain; or

16. Sudden onset of shortness of breath and associated labored breathing.

A transfer of care shall be accompanied by the client's medical record, the licensed midwife's assessment of the client's current condition, and a description of the care provided by the licensed midwife prior to transfer;

(v) Establish a written plan for the emergency transfer and transport required in subparagraph (iv) of this paragraph and for notifying the hospital to which a client will be transferred in the case of an emergency. If a client is transferred in an emergency, the licensed midwife shall notify the hospital when the transfer is initiated and accompany the client to the hospital if feasible, or communicate by telephone with the hospital if unable to be present personally, and shall provide the client's medical record. The record shall include the client's name, address, list of diagnosed medical conditions, list of prescription or over-the-counter medications regularly taken, history of previous allergic reactions to medications, if feasible, the client's current medical condition and description of the care provided by the midwife, and next-of-kin contact information. A midwife who deems it necessary to transfer or terminate care pursuant to this section and any rules promulgated pursuant to this section or for any other reason shall transfer or terminate care and shall not be regarded as having abandoned care or wrongfully terminated services. Before nonemergent discontinuing of services, the midwife shall notify the client in writing, provide the client with names of licensed physicians and contact information for the nearest hospital emergency room, and offer to provide copies of medical records regardless of whether copying costs have been paid by the client.

(d) Establish and operate a system of peer review for licensed midwives that shall include but not be limited to the appropriateness, quality, utilization, and ethical performance of midwifery care.

(2) The rules adopted by the board may not:

(a) Require a licensed midwife to have a nursing degree or diploma;

(b) Except as a condition imposed by disciplinary proceedings by the board, require a licensed midwife to practice midwifery under the supervision of another health care provider;

(c) Except as a condition imposed by disciplinary proceedings by the board, require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider;

(d) Limit the location where a licensed midwife may practice midwifery;

(e) Allow a licensed midwife to use vacuum extraction or forceps as an aid in the delivery of a newborn;

(f) Grant a licensed midwife prescriptive privilege; or

(g) Allow a licensed midwife to perform abortions.

History:

[54-5504, added 2024, ch. 59, sec. 2, p. 280; am. 2025, ch. 211, sec. 22, p. 992; am. 2026, ch. 73, sec. 1, p. 312.]
Idaho Code § 54-1421 — Idaho Code / Title 54 / Chapter 14 / Section 54-1421
54-1421 CERTIFIED REGISTERED NURSE ANESTHETIST.
Status: in_force

54-1421. CERTIFIED REGISTERED NURSE ANESTHETIST. (1) For the purposes of this section, "certified registered nurse anesthetist" or "CRNA" means a licensed registered nurse who has graduated from a nationally accredited graduate or post-graduate nurse anesthesia program and holds current certification as a nurse anesthetist from a national organization recognized by the board. CRNAs are authorized to provide the full spectrum of anesthesia care and related services to individuals across the lifespan, whose health status may range across the wellness-illness continuum, including healthy persons; persons with immediate, severe, or life-threatening illness or injury; and persons with sustained or chronic health conditions.

(2) A CRNA shall be responsible for the care provided by the CRNA and for obtaining professional liability insurance if the CRNA is not covered by the facility or practice in which the CRNA works.

(3) A physician shall not be liable for civil damages arising out of any act or omission relating to anesthesia services when:

(a) Such anesthesia services have been furnished solely and independently by a CRNA acting within the scope of the CRNA's licensure, education, training, and experience, and in compliance with all applicable state and federal laws and rules; and

(b) The physician did not provide direct control or supervision or expressly assume responsibility for the anesthesia services provided by the CRNA.

(4) The immunity from liability provided for in subsection (3) of this section applies regardless of whether a physician is physically present in the facility or practice setting where the CRNA is providing anesthesia services as long as the physician did not undertake, accept, or contractually agree to supervise or direct the CRNA's anesthesia care.

(5) Nothing in this section shall excuse or immunize a physician from liability for:

(a) The physician's own acts of negligence, gross negligence, or willful misconduct; or

(b) Any separate and independent professional services personally rendered by the physician to a patient.

(6) Nothing in this section shall:

(a) Be interpreted to create any new requirement for physician supervision of CRNAs or to restrict the practice of any other licensed health professional; or

(b) Affect or impair any requirement for facility accreditation, federal participation conditions for medicare or medicaid, or other regulatory standards that are not superseded by state law.

(7) The indemnity and immunity provided for in this section shall not limit or alter the jurisdiction of the board or the Idaho state board of medicine in regulating their respective licensees, nor shall it preclude the application of any other provision of state law.

(8) If any provision of this section or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application. To this end, the provisions of this statute are declared to be severable.

History:

[54-1421, added 2025, ch. 199, sec. 1, p. 909.]
Idaho Code § 54-4506 — Idaho Code / Title 54 / Chapter 45 / Section 54-4506
54-4506 TEMPORARY LICENSES.
Status: in_force

54-4506. temporary licenses. (1) The administrator may issue a temporary license for a period not to exceed one (1) year to an applicant who provides satisfactory proof of possession of a valid construction manager's license issued by another state pursuant to requirements substantially similar to those set forth in section 54-4505, Idaho Code.

(2) Temporary licenses may not be renewed nor their terms extended beyond the period set forth in this section.

History:

[54-4506, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 4, p. 289.]
Idaho Code § 54-1907 — Idaho Code / Title 54 / Chapter 19 / Section 54-1907
54-1907 DUTIES AND POWERS OF THE BOARD — SEAL.
Status: in_force

54-1907. Duties and powers of the board — Seal. The board is authorized and directed to prescribe and amend rules consistent with this chapter for the administration of this chapter and to effectuate the purpose thereof, and for the investigation, classification, examination and licensing of public works contractors. The board shall adopt a seal, having upon it the words "Public Works Contractors License Board — State of Idaho." The care and custody of the seal shall be with the administrator. Any member of the board may administer oaths and may take testimony concerning all matters within the jurisdiction of the board.

History:

[54-1907, added 1941, ch. 115, sec. 7, p. 212; am. 1999, ch. 201, sec. 10, p. 536; am. 2001, ch. 300, sec. 6, p. 1090.]
Idaho Code § 54-1202 — Idaho Code / Title 54 / Chapter 12 / Section 54-1202
54-1202 DEFINITIONS.
Status: in_force

54-1202. Definitions. As used in this chapter, unless the context or subject matter requires otherwise:

(1) "Authoritative" means certified by a professional land surveyor in accordance with established principles of professional land surveying when used to describe products, processes, applications or data resulting from the practice of professional land surveying.

(2) "Benchmark" means a material object, natural or artificial, whose elevation is referenced to an adopted datum.

(3) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors, hereinafter provided by this chapter.

(4) "Business entity" means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.

(5) "Consulting engineer" means a professional engineer whose principal occupation is the independent practice of professional engineering; whose livelihood is obtained by offering engineering services to the public; who is devoid of public, commercial and product affiliation that might tend to infer a conflict of interest; and who is cognizant of his public and legal responsibilities and is capable of discharging them.

(6) "Engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences, and the principles and methods of engineering analysis and design, acquired by professional education and engineering experience.

(7) "Engineer intern" means a person who has been duly certified as an engineer intern as provided in this chapter.

(8) "Land surveyor intern" means a person who has been duly certified as a land surveyor intern by the board as provided in this chapter.

(9) "Professional boundary land survey" means land surveying services performed by a land surveyor licensed by this chapter and includes establishing, reestablishing, marking, or locating the corners or lines of:

(a) Property boundaries;

(b) The public land survey system;

(c) Rights-of-way;

(d) Easements;

(e) Lease areas; or

(f) Other interests in real property.

(10) "Professional engineer" means a person who has been duly licensed as a professional engineer by the board under this chapter.

(11) "Professional engineering" and "practice of professional engineering" mean any service or creative work offered to or performed for the public for any project physically located in this state, such as consultation, investigation, evaluation, planning, designing, design coordination, teaching upper division engineering design subjects, and responsible charge of observation of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, or to certify elevation information, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such service requires the application of engineering principles and data. A person shall be construed to practice or offer to practice professional engineering within the meaning and intent of this chapter who practices or offers to practice any of the branches of the profession of engineering for the public for any project physically located in this state or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter or holds himself out as able to perform or who does perform for the public for any project physically located in this state any engineering service or work or any other service designated by the practitioner that is the practice of professional engineering.

(12) (a) "Professional land surveying" and "practice of professional land surveying" mean responsible charge of authoritative land surveying services using sciences such as mathematics, geodesy and photogrammetry and involving:

(i) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvement on the earth, and the space above, on or below the earth; and

(ii) Providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions or projects. Professional services include acts of consultation, investigation, testimony, planning, mapping, assembling and interpreting and gathering measurements and information related to any one (1) or more of the following:

1. Determining by measurement the configuration or contour of the earth's surface or the position of any fixed objects;

2. Performing geodetic surveys to determine the size and shape of the earth or the position of any point on the earth;

3. Locating, relocating, establishing, reestablishing or retracing property lines or boundaries of any tract of land, road, right-of-way, easement or real property lease;

4. Making any survey for a division or subdivision or a consolidation of any tracts of land;

5. Locating or laying out of alignments, positions or elevations in the field for the construction of fixed works;

6. Determining, by the use of principles of surveying, the position for any boundary or nonboundary survey monument or reference point or for establishing or replacing any such monument or reference point;

7. Certifying elevation information;

8. Preparing narrative land descriptions; or

9. Creating, preparing or modifying electronic or other data necessary for the performance of activities in subparagraphs 1. through 8. of this paragraph.

(b) "Professional land surveying" and "practice of professional land surveying" shall not mean:

(i) Mapping or geographic information system work that is for nonauthoritative boundaries and nonauthoritative elevations;

(ii) Construction survey work that is unrelated to establishing vertical and horizontal project control; or

(iii) Construction staking of fixed works or the development and use of electronic models for machine-controlled construction that by design are unrelated to determining boundaries described in paragraph (a)(ii)3. of this subsection.

Any person shall be construed to practice or offer to practice professional land surveying who engages in professional land surveying or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional land surveyor or who represents himself as able to perform or who does perform any professional land surveying service or work or any other service designated by the practitioner that is professional land surveying.

(13) "Professional land surveyor" means a person who is qualified by reason of his knowledge of the principles of land surveying acquired by education and practical experience to engage in the practice of professional land surveying and who has been duly licensed as a professional land surveyor by the board under this chapter.

(14) "Public" means any person, firm, corporation, partnership, company, government agency, institution or any other entity recognized by law.

(15) "Responsible charge" means the control and direction of engineering work, or the control and direction of land surveying work, requiring initiative, professional skill, independent judgment and professional knowledge of the content of relevant documents during their preparation. Except as allowed under section 54-1223, Idaho Code, reviewing, or reviewing and correcting, documents after they have been prepared by others does not constitute the exercise of responsible charge.

(16) "Retired professional engineer" or "retired professional land surveyor" means a professional licensed under this chapter who chooses to place his license in retired status indicating he is no longer practicing or offering to practice professional engineering or professional land surveying.

(17) "Rules of professional responsibility" means those rules, if any, promulgated by the board, as authorized by the Idaho Code.

(18) "Standard design plan" means a building, structure, equipment or facility that is intended to be constructed or sited at multiple locations and for which some or all of the plans must be prepared by a professional engineer.

(19) "Survey monuments used as control" means any monument marking, referencing, or used as a witness for a line or corner in any professional boundary land survey as defined in subsection (9) of this section.

History:

[54-1202, added 1939, ch. 231, sec. 2, p. 516; am. 1957, ch. 234, sec. 2, p. 547; am. 1961, ch. 258, sec. 1, p. 422; am. 1978, ch. 170, sec. 1, p. 372; am. 1986, ch. 140, sec. 2, p. 377; am. 1996, ch. 357, sec. 2, p. 1187; am. 2000, ch. 289, sec. 1, p. 991; am. 2001, ch. 247, sec. 2, p. 890; am. 2002, ch. 6, sec. 1, p. 6; am. 2007, ch. 219, sec. 1, p. 655; am. 2008, ch. 378, sec. 3, p. 1024; am. 2011, ch. 136, sec. 10, p. 389; am. 2013, ch. 339, sec. 1, p. 886; am. 2014, ch. 235, sec. 1, p. 594; am. 2015, ch. 116, sec. 1, p. 300; am. 2016, ch. 61, sec. 1, p. 195; am. 2020, ch. 127, sec. 1, p. 396; am. 2022, ch. 43, sec. 4, p. 116.]
Idaho Code § 54-3905 — Idaho Code / Title 54 / Chapter 39 / Section 54-3905
54-3905 EXCEPTIONS TO LICENSURE REQUIREMENT.
Status: in_force

54-3905. Exceptions to licensure requirement. (1) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to this chapter of:

(a) Any person licensed in this state by any other law, from engaging in the profession or occupation for which such person is licensed or registered or otherwise regulated;

(b) Any person employed as an athletic trainer by the government of the United States or any agency thereof, if such person provides athletic trainer services solely under the direction or control of the government agency by which such person is employed;

(c) Any person pursuing a supervised course of study leading to a degree, licensure or registration as athletic trainer in an accredited or approved educational program, if the person is designated by a title which clearly indicates a student or trainee status;

(d) Any person fulfilling supervised fieldwork experience requirements as prescribed by the board;

(e) Any person residing in another state or country and authorized to practice as an athletic trainer there who is called in consultation by a person licensed in this state to practice as an athletic trainer or who, for the purpose of furthering athletic training education, is invited to this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, as long as the athletic trainer does not open an office or appoint a place to meet patients or receive calls in this state; or

(f) An athletic trainer licensed and in good standing in another jurisdiction of the United States or credentialed in another country who practices in this state within the scope of such license or credentials, and who:

(i) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and

(ii) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.

(2) Nothing herein shall be construed to require registration of elementary or secondary school teachers, coaches or authorized volunteers who do not hold themselves out to the public as athletic trainers.

(3) This chapter shall not be construed as to require licensure by persons assisting in an emergency or in providing aid or service for which no fee for service is contemplated, charged or received, provided that the person providing the service or assisting in the emergency does not hold himself out as an athletic trainer.

History:

[(54-3905) 54-3904, added 1989, ch. 179, sec. 1, p. 442; am. & redesig. 2003, ch. 261, sec. 4, p. 689; am. 2018, ch. 24, sec. 3, p. 44.]
Idaho Code § 54-3502 — Idaho Code / Title 54 / Chapter 35 / Section 54-3502
54-3502 DEFINITIONS.
Status: in_force

54-3502. Definitions. As used in this chapter:

(1) "Academy of nutrition and dietetics" means the national organization that credentials dietetics professionals and accredits undergraduate and graduate programs that prepare dietetics professionals.

(2) "Accreditation council for education in nutrition and dietetics" or "ACEND" means the accrediting organization of the academy of nutrition and dietetics that is recognized by the United States department of education as the accrediting agency for education programs that prepare dietetics professionals.

(3) "Allied health advisory board" means the Idaho allied health advisory board established pursuant to chapter 1, title 54, Idaho Code.

(4) "Board" means the Idaho state board of medicine.

(5) "Commission on dietetic registration" or "CDR" means the credentialing organization of the academy of nutrition and dietetics that awards and administers credentials to individuals at entry, specialist and advanced levels who have met CDR's specified criteria to practice in the dietetics profession, including successful completion of its national accredited certification examination and recertification by continuing professional education and/or examination.

(6) "Dietetics" means the integration, application and communication of principles derived from food, nutrition, social, business and basic sciences to achieve and maintain optimal nutrition status of individuals through the development, provision and management of effective food and nutrition services in a variety of settings.

(7) "Dietitian" means a person licensed under the provisions of this chapter as a licensed dietitian (LD) who:

(a) Is trained in the science of nutrition and dietetics and who has met current minimum academic requirements with successful completion of specified didactic education and supervised practice experiences through programs accredited by ACEND or a similar agency approved by the board with substantially equivalent educational requirements; and

(b) Has successfully completed the registration examination for dietitians administered by the CDR or a similar agency approved by the board with a substantially equivalent examination and has been granted and maintains the title registered dietitian (RD) or registered dietitian nutritionist (RDN).

(8) "Evidence-based dietetics practice" means the process of asking questions, systematically finding research evidence and assessing its validity, applicability and importance to food and nutrition practice decisions, including the application of relevant evidence in the context of the practice situation and the values of clients, customers and communities to achieve positive outcomes.

(9) "Medical nutrition therapy" or "MNT" means an evidence-based application of the nutrition care process. The provision of MNT to a patient/client may include one (1) or more of the following: nutrition assessment or reassessment, nutrition diagnosis, and nutrition intervention for the prevention, delay or management of diseases or conditions.

(10) "Nutrition care process" means a systematic approach to providing high-quality nutrition care that consists of four (4) distinct, interrelated steps:

(a) Nutrition assessment, which means a systematic method for obtaining, verifying and interpreting data needed to identify nutrition-related problems, their causes and their significance;

(b) Nutrition diagnosis, which means the identification of a specific nutrition problem that a dietitian is responsible for treating independently;

(c) Nutrition intervention, which means a purposefully planned action intended to positively change a nutrition-related behavior, environmental condition or aspect of health status for the patient/client and family or caregivers, target group or the community at large; and

(d) Nutrition monitoring and evaluation, in which:

(i) Nutrition monitoring means the preplanned review and measurement of selected nutrition care indicators of the patient/client's status relevant to the defined needs, nutrition diagnosis, nutrition intervention and outcomes; and

(ii) Nutrition evaluation means the systematic comparison of current findings with the previous status, nutrition intervention goals, effectiveness of overall nutrition care or comparison to a reference standard.

(11) "Provisionally licensed dietitian" means a person provisionally licensed under the provisions of this chapter.

History:

[54-3502, added 1994, ch. 217, sec. 1, p. 674; am. 2017, ch. 294, sec. 1, p. 776; am. 2024, ch. 61, sec. 2, p. 290.]
Idaho Code § 54-2305 — Idaho Code / Title 54 / Chapter 23 / Section 54-2305
54-2305 BOARD OF PSYCHOLOGIST EXAMINERS — POWERS.
Status: in_force

54-2305. Board of psychologist examiners — Powers. The board of psychologist examiners shall have the following powers:

(1) To pass upon the qualifications and fitness of applicants for licenses, reciprocal licenses, certification and provisional certification of prescriptive authority; and, at its option, to adopt and revise rules requiring applicants to pass examinations relating to their qualifications as a prerequisite to the issuance of licenses.

(2) To adopt and, from time to time, revise such rules, subject to legislative approval, as may be necessary to carry into effect the provisions of this chapter. Such rules shall include, but need not be limited to, a code of ethics for psychologists in the state consistent with the current ethical standards for psychologists of the American psychological association and the educational and professional qualifications of applicants for licensing under this chapter.

(3) To examine for, deny, approve, issue, revoke, suspend and renew the licenses, permits, and certifications of psychologists, service extenders, and psychologist applicants pursuant to this chapter, and to conduct hearings in connection therewith.

(4) To review investigations upon complaints concerning violations of the provisions of, and the rules adopted pursuant to, this chapter and cause the prosecution and enjoinder of all such violations.

(5) To adopt a rule requiring continuing education as a condition of continued licensure and certification.

(6) To adopt rules allowing for a temporary permit to individuals licensed as psychologists in another state authorizing such individuals to practice psychology in Idaho for a period not to exceed thirty (30) days pursuant to such terms and requirements as set forth in the rules.

(7) To establish by rule an inactive license status.

(8) To establish by rule the standards and requirements for the use of communication technology in the practice of psychology, including supervision.

(9) To establish by rule certification and provisional certification of prescriptive authority pursuant to sections 54-2316 through 54-2319, Idaho Code.

(10) To establish by rule a limited formulary or formularies for prescribing use by holders of certification and provisional certification of prescriptive authority.

(11) To establish by rule the permitting of service extenders.

History:

[54-2305, added 1963, ch. 186, sec. 5, p. 549; am. 1974, ch. 13, sec. 160, p. 138; am. 1984, ch. 141, sec. 2, p. 331; am. 1987, ch. 147, sec. 2, p. 293; am. 1993, ch. 216, sec. 80, p. 656; am. 2009, ch. 33, sec. 4, p. 92; am. 2013, ch. 13, sec. 1, p. 23; am. 2017, ch. 238, sec. 2, p. 586; am. 2022, ch. 94, sec. 31, p. 303; am. 2022, ch. 262, sec. 3, p. 842; am. 2026, ch. 221, sec. 13, p. 942.]
Idaho Code § 54-5408 — Idaho Code / Title 54 / Chapter 54 / Section 54-5408
54-5408 DISCIPLINE.
Status: in_force

54-5408. DISCIPLINE. (1) Grounds for discipline. The board shall have the power to deny any application for or renewal of a license or to revoke, suspend or otherwise sanction any such license issued pursuant to this chapter and to limit or restrict the practice of any driving instructor or driving business upon a determination by the board that the person or business:

(a) Was convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of any action constituting a crime that reflects upon the qualifications, functions, or duties of a driving business or driving business instructor;

(b) Violated the provisions of this chapter or rules, standards of conduct and practice, or any ethical codes as may be adopted by the board;

(c) Is or has been negligent or reckless in the practice of driver education; or

(d) Has had any license, certificate or registration to work as a driving instructor or operate as a driving business suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of such suspension or revocation.

(2) Every person or business subject to disciplinary proceedings shall be afforded an opportunity for hearing. All proceedings hereunder shall be in accordance with chapter 52, title 67, Idaho Code.

(3) The board may, pursuant to an order of discipline, require the person or business to pay an administrative fine not to exceed one thousand dollars ($1,000) for each violation identified in the order.

History:

[54-5408, added 2009, ch. 251, sec. 2, p. 768; am. 2010, ch. 145, sec. 4, p. 308; am. 2020, ch. 175, sec. 39, p. 544; am. 2020, ch. 213, sec. 7, p. 624; am. 2021, ch. 321, sec. 40, p. 982.]
Idaho Code § 54-409 — Idaho Code / Title 54 / Chapter 4 / Section 54-409
54-409 CONSIDERATIONS BEFORE ISSUANCE OF LICENSE OR SANCTIONING PERMIT.
Status: in_force

54-409. Considerations before issuance of license or sanctioning permit. Before issuing any license or sanctioning permit, the commission shall consider the following in order of importance:

(1) The preservation of the safety and health of the contestants;

(2) The best interest and welfare of the public; and

(3) The best interest of the sport in general.

History:

[54-409, added 2004, ch. 385, sec. 9, p. 1155.]
Idaho Code § 54-2004 — Idaho Code / Title 54 / Chapter 20 / Section 54-2004
54-2004 DEFINITIONS.
Status: in_force

54-2004. Definitions. As used in this chapter:

(1) "Accredited college or university" means an institution accredited by the regional accrediting associations, as reported in the most current publication of the accredited institutions of postsecondary education.

(2) "Acting in this state" means and includes dealing with any interest in real property, or a business opportunity involving an interest in real property, that is situated in the state of Idaho, or conducting or attempting to conduct or solicit real estate business with residents of the state of Idaho.

(3) "Active license" means the status of a real estate license that has not been inactivated, expired, terminated, suspended or revoked.

(4) "Associate broker" means an individual who has qualified personally as a real estate broker in Idaho under this chapter, but is licensed under, associated with and represents a designated broker in the performance of any act described in subsection (39) of this section.

(5) "Branch office" means an office operated by a licensed real estate broker or licensed legal business entity, separate and apart from the main office. A branch office may be licensed or unlicensed, in accordance with this chapter.

(6) "Broker price opinion" means a written price opinion of the estimated price for identified real property prepared or rendered by an actively licensed broker or associate broker, for a purpose other than a prospective listing or sale, and that complies or purports to comply with the requirements and content provision of section 54-4105, Idaho Code.

(7) "Brokerage company" means a real estate business, whether a sole proprietorship, a legal entity, or any other licensed person engaged in acts requiring a real estate license in Idaho, that is conducting or holding itself out as conducting the business of real estate through a designated broker.

(8) "Brokerage representation agreement" means a written contract between a buyer, seller, or both, and a real estate brokerage for agency representation in a regulated real estate transaction.

(9) "Business conduct and office operations course" means the component of the advanced real estate course that is required in order to obtain a broker license and that teaches business practices and office operations of the brokerage, including recordkeeping, trust account procedures and the laws governing those practices.

(10) "Business day" means and includes each day of the week except Saturday, Sunday or any other legal holiday enumerated in section 73-108, Idaho Code.

(11) "Business name" means the name in which the brokerage company is licensed by the commission.

(12) "Business opportunity" means and includes an established business, goodwill of an established business, or any interest therein, other than a lease, or any one (1) or combination thereof, where a sale or transfer of real property is involved in the transaction.

(13) "Commercial real estate" means a business opportunity as defined in this section, or any real estate other than real property improved by one (1) to four (4) residential dwelling units. Commercial real estate does not include residential dwelling units such as condominiums, townhouses or homes in a subdivision when that real estate is sold, leased or otherwise conveyed on a unit-by-unit basis, even though the units may be part of a larger building or parcel of real estate containing more than four (4) units. Commercial real estate does not include property used in association with any agricultural operation or agricultural facility as those terms are defined in section 22-4502, Idaho Code, and that is zoned to allow the agricultural use.

(14) "Commission" means the Idaho real estate commission, unless the context clearly indicates a different meaning.

(15) "Commission core course" means the annual course covering the twelve (12) month period between July 1 and June 30, which contains curriculum identified by the commission that stresses that year's trends in real estate practices and changes in laws in real estate-related industries. A core course must contain no more than four (4) classroom hours of instruction.

(16) "Continuing education elective course" means a real estate course offering, other than the commission core course for which continuing education credit hours may be obtained as provided in section 54-2023, Idaho Code.

(17) "Convicted" means a plea of nolo contendere or guilty, a jury verdict of guilty or a court decision of guilt whether or not a judgment or sentence has been imposed, withheld or suspended.

(18) "Cooperative sale" means a transaction involving two (2) or more brokers.

(19) "Council" means the Idaho real estate education council.

(20) "Dealer in options" means any person, firm, partnership, association or corporation who shall directly or indirectly take, obtain or use options to purchase, exchange, lease option or lease purchase real property or any interest therein for another or others whether or not the options shall be in his or its name and whether or not title to the property shall pass through the name of the person, firm, partnership, association or corporation in connection with the purchase, sale, exchange, lease option or lease purchase of the real property, or interest therein.

(21) "Designated broker" means an individual who is licensed as a real estate broker in Idaho and who is designated by the brokerage company to be responsible for the supervision of the brokerage company and the activities of any associated licensees in accordance with this chapter.

(22) "Distance learning course" means, in relation to a real estate course offering, a real estate course that is delivered not as a live course but through a medium in which the instructor and student are separated by both distance and time.

(23) "Double contract" means two (2) or more written or unwritten contracts of sale, purchase and sale agreements, loan applications, or any other agreements, one (1) of which is not made known to the prospective loan underwriter or the loan guarantor, to enable the buyer to obtain a larger loan than the true sales price would allow, or to enable the buyer to qualify for a loan that he or she otherwise could not obtain. An agreement or loan application is not made known unless it is disclosed in writing to the prospective loan underwriter or loan guarantor.

(24) "Executive director" means the executive director of the Idaho real estate commission.

(25) "Expired license" means the status of a license when the license period has expired and the license is not renewed or provisional license granted, and before the license is terminated.

(26) "Fee or commission" means a payment, actual, promised or expected, as compensation for the performance of any act requiring a real estate license.

(27) "Inactive license" means the status of a license that is not expired, terminated, suspended or revoked, and during which inactive period the license holder is not authorized to act as or associate with a designated broker.

(28) "Legal business entity" means and includes any type of corporation, partnership, limited liability company or limited liability partnership, a governmental entity, trust or other entity capable of conducting business.

(29) "Licensee" means any person who is licensed in accordance with this chapter to engage in the business or act in the capacity of real estate broker, associate broker or real estate salesperson.

(30) "Limited broker" means a broker individually qualified to do business in Idaho, but who may not have associate brokers or salespersons licensed with that broker.

(31) "Live presentation" means, in reference to a real estate course offering, a real estate course that is personally presented by the instructor and personally attended by the student at the same facility, or, if separated by distance, the instructor and student are connected by contemporaneous, two-way audio and visual communication.

(32) "Main office" means the principal location where the real estate broker is licensed to transact business.

(33) "Out-of-state broker" means a person who holds the equivalent of an active Idaho designated broker license in another jurisdiction who is not licensed as a real estate broker under this chapter.

(34) "Out-of-state sales associate" means a person who holds the equivalent of an active Idaho salesperson or associate broker license in another jurisdiction who is not licensed as a salesperson or associate broker under this chapter.

(35) "Person" means and includes an individual, or any legal business entity.

(36) "Post license course" means a commission-approved or certified elective course that is specifically oriented toward salespersons in their first two (2) years of Idaho practice. The course must contain no more than twelve (12) classroom hours of instruction.

(37) "Primary Idaho license" means an Idaho real estate license that is not contingent upon continuance of a license in another state or jurisdiction.

(38) "Provisional license" means an extension of the period of active licensure, beyond the licensee's expiration date, granted by the commission for the purpose of allowing the licensee to complete the continuing education requirements set forth in section 54-2023, Idaho Code, or for any other purpose allowed by this chapter.

(39) "Real estate broker" means and includes:

(a) Any person other than a real estate salesperson who, directly or indirectly, while acting for another for compensation or a promise or an expectation thereof, engages in any of the following: sells, lists, buys, or negotiates, or offers to sell, list, buy or negotiate the purchase, sale, option or exchange of real estate or any interest therein or business opportunity or interest therein for others;

(b) Any actively licensed broker while, directly or indirectly, acting on the broker's own behalf;

(c) Any person who represents to the public that the person is engaged in any of the activities in this subsection;

(d) Any person who directly or indirectly engages in, directs, or takes any part in the procuring of prospects or in the negotiating or closing of any transaction which does or is calculated to result in any of the acts in this subsection;

(e) A dealer in options as defined in this section.

(40) "Real estate salesperson" or "salesperson" means any person who has qualified and is licensed as a real estate salesperson in Idaho under this chapter and is licensed under, associated with, and represents a designated broker in the performance of any act described in subsection (39) of this section.

(41) "Real estate settlement procedures act" means the real estate settlement procedures act of 1974, as amended, 12 U.S.C. 2601 et seq., and as in effect on January 1, 2008.

(42) "Regular employee" means an individual who performs a service for wages or other compensation and whose employer withholds federal employment taxes under a contract of hire, written or oral, express or implied.

(43) "Regulated real estate transaction" means those real estate transactions for which a real estate license is required under chapter 20, title 54, Idaho Code.

(44) "Responsible broker" means the designated broker in the regulated real estate transaction who is responsible for the accounting and transaction files for the transaction, in the manner described in section 54-2048, Idaho Code.

(45) "Revoked license" means a license that has been permanently revoked by the issuing authority.

(46) "Sales associate" means a salesperson or an associate broker licensed under and associated with a designated broker.

(47) "State or jurisdiction" means and includes any state or territory of the United States, the District of Columbia and any foreign jurisdiction that issues real estate licenses substantially similar to those provided for in this chapter.

(48) "Successfully completed" means, in reference to a real estate course offering, completing all required course hours and, except where the licensee seeks continuing education credit for having regularly attended the live presentation of a course, passing a commission-approved assessment or final examination.

(49) "Surrendered license" means a license that has been voluntarily terminated or surrendered by a licensee who, at the time of the voluntary termination or surrender, was under investigation or named in a formal administrative complaint.

(50) "Suspended license" means a license that has been temporarily suspended by the issuing authority.

History:

[54-2004, added 2000, ch. 285, sec. 3, p. 912; am. 2001, ch. 123, sec. 1, p. 418; am. 2002, ch. 220, sec. 1, p. 606; am. 2002, ch. 280, sec. 1, p. 817; am. 2003, ch. 16, sec. 14, p. 61; am. 2005, ch. 107, sec. 1, p. 334; am. 2006, ch. 166, sec. 1, p. 501; am. 2007, ch. 98, sec. 1, p. 283; am. 2008, ch. 144, sec. 1, p. 235; am. 2011, ch. 108, sec. 1, p. 275; am. 2014, ch. 42, sec. 1, p. 98; am. 2014, ch. 67, sec. 1, p. 170; am. 2015, ch. 51, sec. 2, p. 111; am. 2017, ch. 232, sec. 1, p. 564; am. 2021, ch. 261, sec. 1, p. 802.]
Idaho Code § 54-2606 — Idaho Code / Title 54 / Chapter 26 / Section 54-2606
54-2606 POWERS AND DUTIES OF THE IDAHO PLUMBING BOARD.
Status: in_force

54-2606. Powers and duties of the Idaho plumbing board. (1) The board shall have the general administration and supervision of the design, construction, installation, improvement, extension and alteration of plumbing and plumbing systems, except that which has been heretofore and hereinafter exempted from the jurisdiction of this board, in connection with all buildings, residences and structures in this state including buildings, residences and structures owned by the state or any political subdivision thereof.

(2) The division of occupational and professional licenses shall enforce the minimum standards and requirements therefor as provided by this chapter.

(3) The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter, and it may among other things:

(a) Establish the fees to be charged for permits and inspections of plumbing systems.

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

(c) Furnish standards and procedures and prescribe reasonable rules for examinations, qualification and certification of plumbing contractors and journeymen and apprentice plumbers not herein prescribed, including the establishment of continuing education requirements for journeymen and plumbing contractors.

(d) Require the furnishing of a compliance bond by plumbing contractors in an amount not to exceed two thousand dollars ($2,000) for the contractor classification or evidence of such coverage by a corporate industry group bond acceptable to the board.

(e) Furnish standards and procedures and prescribe reasonable rules to provide for the certification of specialty contractors, specialty journeymen, and specialty apprentices, including the furnishing of a compliance bond in an amount not to exceed two thousand dollars ($2,000) for the specialty contractor classification or evidence of coverage by a corporate industry group bond acceptable to the board.

(f) Establish by administrative rule civil penalties not to exceed one thousand dollars ($1,000) for each count or separate offense, to be paid for violations of this chapter and rules of the Idaho plumbing board; and to establish by administrative rule the process by which appeals from the imposition of civil penalties may be heard. The board is authorized to affirm, reject, decrease or increase the penalty imposed; however, the board shall not increase any penalty imposed to an amount exceeding one thousand dollars ($1,000) for each individual count or separate offense.

History:

[(54-2606) 1957, ch. 214, sec. 11, p. 454; am. 1963, ch. 138, sec. 3, p. 392; am. 1974, ch. 39, sec. 29, p. 1023; am. and redesig. 1984, ch. 123, sec. 7, p. 285; am. 1995, ch. 253, sec. 1, p. 828; am. 1996, ch. 421, sec. 53, p. 1438; am. 2004, ch. 311, sec. 1, p. 872; am. 2009, ch. 126, sec. 1, p. 405; am. 2023, ch. 15, sec. 47, p. 102.]
Idaho Code § 54-1806 — Idaho Code / Title 54 / Chapter 18 / Section 54-1806
54-1806 POWERS AND DUTIES.
Status: in_force

54-1806. Powers and duties. The board shall have the authority to:

(1) Establish rules, subject to legislative approval, for administration of this chapter.

(2) Review investigations and examinations as authorized by this section and by section 54-1806A, Idaho Code.

(3) Operate, manage, superintend and control the licensure of physicians and physician assistants.

(4) Perform such other duties as set forth in the laws of this state.

(5) Provide such other services and perform such other functions as are necessary to fulfill its responsibilities.

(6) Share with the department of labor personal identifying information of persons licensed under the provisions of this chapter necessary for the department of labor to identify workforce shortage areas in Idaho. The information provided to the department of labor concerning any person licensed under this chapter shall remain confidential and not subject to public disclosure, as required in section 74-106, Idaho Code.

(7)(a) Collect and review data and information concerning maternal mortality in the state of Idaho. The board shall have the power throughout the state of Idaho to require the production of all information relating to any incidence of maternal mortality.

(b) The board shall provide an annual summary report no later than January 31 each year to the legislature on the number of instances of maternal mortality and other information as determined by the board.

History:

[54-1806, added 1977, ch. 199, sec. 7, p. 541; am. 2000, ch. 332, sec. 2, p. 1117; am. 2010, ch. 88, sec. 1, p. 169; am. 2013, ch. 115, sec. 1, p. 276; am. 2015, ch. 141, sec. 140, p. 486; am. 2018, ch. 348, sec. 10, p. 807; am. 2019, ch. 26, sec. 6, p. 57; am. 2021, ch. 221, sec. 8, p. 612; am. 2023, ch. 12, sec. 2, p. 49; am. 2024, ch. 67, sec. 1, p. 333; am. 2026, ch. 221, sec. 10, p. 938.]
Idaho Code § 54-401 — Idaho Code / Title 54 / Chapter 4 / Section 54-401
54-401 STATE ATHLETIC COMMISSION.
Status: in_force

54-401. State athletic commission. There is hereby created and established the state athletic commission in the division of occupational and professional licenses. The state athletic commission shall be administered by the state athletic commissioner who shall be appointed by the governor subject to confirmation by the senate and shall be subject to removal at the pleasure of the governor. The state athletic commissioner shall be appointed for a term of four (4) years and shall receive an honorarium not to exceed that provided in section 59-509(p), Idaho Code.

History:

[54-401, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 2, p. 1148; am. 2007, ch. 149, sec. 1, p. 444; am. 2021, ch. 222, sec. 5, p. 624.]
Idaho Code § 54-2923 — Idaho Code / Title 54 / Chapter 29 / Section 54-2923
54-2923 GROUNDS FOR DISCIPLINARY ACTION AND DENIAL.
Status: in_force

54-2923. Grounds for disciplinary action and denial. The following conduct, acts or conditions shall constitute grounds for disciplinary action and grounds for denial of an application for licensure or renewal:

(1) The conviction of any felony or being convicted of any crime which has a bearing on any practice pursuant to this chapter. Conviction, as used in this subsection (1), shall include a finding of verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;

(2) Obtaining or attempting to obtain a license or registration by fraud, misrepresentation, omission or deceit, or making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession;

(3) When related to the practice for which licensure is required by this chapter, engaging in incompetent or unethical conduct, or practicing or offering to practice beyond the scope of the practice as defined in this chapter, or committing an intentional, negligent, or reckless act or failing to act, or engaging in practice that fails to meet the standard of care provided by licensees in the same or similar communities;

(4) Practicing when physical or mental abilities are impaired by including, but not limited to, the use of controlled substances or other drugs, chemicals or alcohol, or having been adjudged mentally incompetent by a court of competent jurisdiction;

(5) Engaging in practice under a false name or alias or using or attempting to use an invalid license or a license that has been unlawfully purchased, fraudulently obtained, counterfeited or materially altered;

(6) Failing to administer necessary tests utilizing appropriate, established procedures and instrumentation;

(7) Engaging in improper practice or promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;

(8) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final;

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

(10) Failing to notify the board of any change of address of a place of business within thirty (30) days of the date of such change;

(11) Failing to meet continuing education requirements as established by the board;

(12) Failing to provide refunds pursuant to the terms of a written contract entered into by the consumer and the licensee;

(13) Failing to properly or adequately supervise any permit holder, support person, or assistant in accordance with this chapter and the administrative rules adopted by the board, or aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;

(14) Committing any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee's practice, provided:

(a) Consent of the client shall not be a defense;

(b) This subsection (14) shall not apply to sexual contact between a licensee and such licensee's spouse or a person in a domestic relationship with the licensee who is also a client;

(c) A former client means a client for whom the licensee is not at the relevant time providing services but for whom the licensee has provided services within the last twelve (12) months; and

(d) Sexual or romantic relationships with former clients beyond the period of time set forth herein may also be a violation if the licensee uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;

(15) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;

(16) Interfering with a board investigation or disciplinary proceeding by willful misrepresentation of facts, failure to provide information upon request from the board, or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;

(17) Violating any provisions of this chapter, board rules, adopted codes of ethics or other applicable federal or state statutes or rules including, but not limited to, the Idaho consumer protection act, relating directly or indirectly to any practice pursuant to this chapter.

History:

[54-2923, added 2005, ch. 277, sec. 2, p. 863.]
Idaho Code § 54-1919 — Idaho Code / Title 54 / Chapter 19 / Section 54-1919
54-1919 REVOCATION BY COURT.
Status: in_force

54-1919. Revocation by court. The suspension or revocation of a license as provided in this act may also be included in any action otherwise proper in any court involving the licensee's performance of his legal obligation as a contractor.

History:

[54-1919, added 1941, ch. 115, sec. 20, p. 212; am. 1999, ch. 201, sec. 21, p. 544.]
Idaho Code § 54-5507 — Idaho Code / Title 54 / Chapter 55 / Section 54-5507
54-5507 EXEMPTIONS.
Status: in_force

54-5507. exemptions. This chapter shall not apply to any of the following:

(1) Certified nurse midwives licensed by the board, unless a certified nurse midwife chooses to become a licensed midwife. Certified nurse midwives who are licensed midwives shall be subject to the provisions of chapter 14, title 54, Idaho Code, as well as the provisions of this chapter;

(2) Student midwives in training under the direct supervision of licensed midwives as required by NARM;

(3) A person, in good faith, engaged in the practice of the religious tenets of any church or religious act where no fee is contemplated, charged, or received, whose license to practice midwifery has not been revoked, and who has not plead guilty to or been found guilty of a felony for a violation of the provisions of section 54-5505, Idaho Code;

(4) A person administering a remedy, diagnostic procedure, or advice as specifically directed by a physician;

(5) A person rendering aid in an emergency where no fee for the service is contemplated, charged, or received;

(6) A person administering care to a member of such person's family; or

(7) The practice of a profession by individuals who are licensed, certified, or registered pursuant to other laws of this state and are performing services within the authorized scope of practice.

History:

[54-5507, added 2024, ch. 59, sec. 2, p. 284.]
Idaho Code § 54-935 — Idaho Code / Title 54 / Chapter 9 / Section 54-935
54-935 VOLUNTEER'S LICENSE — QUALIFICATIONS — PERMISSIBLE PRACTICE — IMMUNITY FROM LIABILITY.
Status: in_force

54-935. Volunteer's license — Qualifications — Permissible practice — Immunity from liability. (1) Upon application and qualification, the board may issue, without examination, a volunteer's license to a dentist, dental therapist, or dental hygienist who is retired from the active practice of dentistry, dental therapy, or dental hygiene to enable the retired dentist, dental therapist, or dental hygienist to provide dental, dental therapy, or dental hygiene services at specified locations to persons who, due to age, infirmity, indigence or disability, are unable to receive regular dental treatment.

(2) For purposes of this section, a dentist, dental therapist, or dental hygienist previously holding a dental, dental therapist, or dental hygiene license with active status in Idaho or another state shall be considered to be retired if, prior to the date of application for a volunteer's license, he has surrendered or allowed his license with active status to expire with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, he has converted his license with active status to a license with inactive status with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, or he has converted his license with active or inactive status to a license with retirement or similar status that proscribed the active practice of dentistry, dental therapy, or dental hygiene. A dentist, dental therapist, or dental hygienist whose dental, dental therapy, or dental hygiene license had been restricted, suspended, revoked, surrendered, resigned, converted, or allowed to lapse or expire as the result of disciplinary action or in lieu of disciplinary action being taken shall not be eligible for a volunteer's license.

(3) An application for a volunteer's license shall include, but not be limited to, the following:

(a) Verification of graduation from a dental, dental therapy, or dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant's graduation;

(b) Verification from each state board in which the applicant was licensed that the applicant maintained his dental, dental therapy, or dental hygiene license in good standing without disciplinary action that restricted the applicant's license or resulted in the applicant's license being placed on probation, suspended, revoked or being surrendered, resigned or otherwise allowed to lapse or expire in lieu of disciplinary action;

(c) Verification that the applicant held a dental, dental therapy, or dental hygiene license in good standing in Idaho or another state as of the date upon which the dentist, dental therapist, or dental hygienist became retired;

(d) Verification that the applicant held an active status dental, dental therapy, or dental hygiene license in good standing in Idaho or another state within five (5) years of the date of application for a volunteer's license, provided that the board may waive the five (5) year requirement in the event that the applicant demonstrates he possesses the knowledge and skills requisite to the practice of dentistry, dental therapy, or dental hygiene by successfully completing such examinations as are required by the board; and

(e) A notarized statement from the applicant on a form prescribed by the board, that the applicant will not provide any dental, dental therapy, or dental hygiene services to any person or at any location other than as permitted by this section and that the applicant will not accept any amount or form of remuneration, other than as reimbursement for the amount of actual expenses incurred as a volunteer dentist, dental therapist, or dental hygienist, for any dental, dental therapy, or dental hygiene services provided under the authority of a volunteer's license.

(4) For purposes of this section, the specified locations at which a dentist, dental therapist, or dental hygienist holding a volunteer's license may provide dental, dental therapy, or dental hygiene services shall be limited to the premises or sites of extended access oral health care settings. The dental services provided in an extended access oral health care setting by a dentist holding a volunteer's license shall not require or include the administration of general anesthesia or moderate sedation to a patient unless otherwise specifically approved in advance by the board.

(5) A volunteer's license shall be valid for that period specified for dentists, dental therapists, and dental hygienists in section 54-920, Idaho Code, and may be renewed upon application of the licensee unless the license has been revoked in accordance with this section. The board shall maintain a register of all dentists, dental therapists, and dental hygienists who hold a volunteer's license. The board shall not charge an application or licensing fee for issuing or renewing a volunteer's license. A volunteer's license cannot be converted to a license with active, inactive, provisional or special status.

(6) The board may revoke a volunteer's license upon receiving proof satisfactory to the board that the holder of a volunteer's license provided dental, dental therapy, or dental hygiene services outside the permissible scope of the volunteer's license or that grounds existed for enforcement or disciplinary action against the holder of a volunteer's license under other sections of this chapter or the administrative rules promulgated under this chapter.

(7) When practicing dentistry, dental therapy, or dental hygiene within the permissible scope of a volunteer's license, the holder of a volunteer's license issued pursuant to this section shall be immune from liability for any civil action arising out of the provision of volunteer dental, dental therapy, or dental hygiene services. This section does not provide or extend immunity to a holder of a volunteer's license for any acts or omissions constituting negligence.

History:

[54-935, added 2004, ch. 215, sec. 1, p. 648; am. 2007, ch. 94, sec. 1, p. 275; am. 2010, ch. 235, sec. 38, p. 573; am. 2018, ch. 53, sec. 3, p. 138; am. 2019, ch. 221, sec. 18, p. 680.]
Idaho Code § 54-5803 — Idaho Code / Title 54 / Chapter 58 / Section 54-5803
54-5803 POLICY AND REQUIREMENTS OF LICENSURE.
Status: in_force

54-5803. POLICY AND REQUIREMENTS OF LICENSURE. In order to safeguard the public health, safety and welfare, persons practicing or offering to practice an occupation defined in and governed by this chapter shall submit evidence of their qualifications and shall be licensed, certificated or registered as hereinafter provided. It shall be unlawful for any person to practice or offer to practice an occupation defined in and governed by this chapter, or to use in connection with that person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is licensed, certificated or registered to practice an occupation defined in and governed by this chapter, unless the person has been duly licensed, certificated or registered under the provisions of this chapter. It shall further be unlawful for any person or legal entity to operate a barber or cosmetology establishment or school of barbering or cosmetology unless the establishment or school has been licensed for such purpose as hereinafter provided.

History:

[54-5803, added 2018, ch. 228, sec. 3, p. 522.]