Idaho Code § 39-1303 — Idaho Code / Title 39 / Chapter 13 / Section 39-1303
39-1303 LICENSURE.
Status: in_force

39-1303. LICENSURE. (1) All medicare-certified or medicaid-certified hospitals, nursing facilities, or intermediate care facilities shall meet the standards for licensing pursuant to this chapter.

(2) A hospital shall have and maintain medicare certification through an accreditation organization recognized by CMS or receive a determination from the department that the hospital meets the criteria in 42 CFR for operating a hospital.

(3) A nursing facility or an intermediate care facility shall have and maintain CMS certification.

(4) A hospital, nursing facility, or intermediate care facility making an initial application for a license shall be issued a license if the department determines that all application information is acceptable and that the hospital, nursing facility, or intermediate care facility is at least in substantial compliance with the provisions of this chapter.

(5) Each licensee shall be designated by a distinctive name in applying for a license, and the name shall not be changed without first notifying the department in writing. Each licensee shall specify the maximum number of allowable beds in the hospital, nursing facility, or intermediate care facility, whether in use or not, and the licensee shall not exceed such maximum number of beds.

(6) When applicable, a licensee shall comply with rules adopted by the department, subject to legislative approval, on criminal history and background checks.

(7) A hospital, nursing facility, or intermediate care facility shall notify the department, in accordance with the time frame established in federal regulations, for every change of ownership, lessee, or management firm. A hospital, nursing facility, or intermediate care facility shall notify the department within seventy-two (72) hours of any change in administrator and submit a new application for licensure for any change in ownership or operator.

(8) Neither medicare-certified hospice agencies nor home health agencies are required to be licensed or certified pursuant to this chapter.

History:

[39-1303, added 2025, ch. 122, sec. 22, p. 635.]
Idaho Code § 39-9502 — Idaho Code / Title 39 / Chapter 95 / Section 39-9502
39-9502 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

39-9502. legislative findings and purpose. (1) The legislature of the state of Idaho asserts and finds that:

(a) The state "has legitimate interests from the outset of pregnancy in protecting the health of women," as found by the United States Supreme Court in Planned Parenthood of Southeastern Pennsylvania v. Casey;

(b) Specifically, the state "has a legitimate concern with the health of women who undergo abortions," as found by the United States Supreme Court in Akron v. Akron Ctr. for Reproductive Health, Inc.;

(c) Surgical abortion is an invasive procedure that can cause severe physical and psychological complications for women, both short-term and long-term, including, but not limited to, uterine perforation, cervical perforation, infection, bleeding, hemorrhage, blood clots, failure to actually terminate the pregnancy, incomplete abortion, retained tissue, pelvic inflammatory disease, endometritis, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, metabolic disorder, shock, embolism, coma, placenta previa in subsequent pregnancies, preterm delivery in subsequent pregnancies, free fluid in the abdomen, adverse reactions to anesthesia and other drugs, an increased risk for developing breast cancer, psychological or emotional complications such as depression, suicidal ideation, anxiety and sleeping disorders, and death;

(d) To facilitate reliable scientific studies and research on the safety and efficacy of abortion, it is essential that the medical and public health communities have access to accurate information both on the abortion procedure and on complications resulting from abortion;

(e) Abortion "record keeping and reporting provisions that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible," according to the United States Supreme Court in Planned Parenthood v. Danforth;

(f) Abortion and complication reporting provisions do not impose an undue burden on a woman's right to choose whether or not to terminate a pregnancy. Specifically, the "collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the requirements serve no purpose other than to make abortions more difficult," as found by the United States Supreme Court in Planned Parenthood v. Casey;

(g) The use of RU-486 as part of a chemical abortion can cause significant medical risks including, but not limited to, abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, infections and pelvic inflammatory disease;

(h) The risk of abortion complications increases with advancing gestational age;

(i) Studies document that increased rates of complications, including incomplete abortion, occur even within the gestational limit approved by the federal food and drug administration (FDA);

(j) In July 2011, the FDA reported two thousand two hundred seven (2,207) adverse events after women used RU-486 for abortions. Among these events were fourteen (14) deaths, six hundred twelve (612) hospitalizations, three hundred thirty-nine (339) blood transfusions, and two hundred fifty-six (256) infections, including forty-eight (48) severe infections;

(k) The adverse event reports systems relied upon by the FDA have limitations and typically detect only a small proportion of events that actually occur. Furthermore, the FDA has failed to publicly release data since 2011, and it is necessary to develop a state-based information system in the wake of court rulings legalizing telemedicine abortions; and

(l) To promote its interest in maternal health and life, the state of Idaho maintains an interest in:

(i) Collecting information on all complications from all abortions performed in the state; and

(ii) Compiling statistical reports based on abortion complication information collected pursuant to this chapter for future scientific studies and public health research.

(2) Based on the findings in subsection (1) of this section, it is the purpose of this chapter to promote the health and safety of women by adding to the sum of medical and public health knowledge through the compilation of relevant data on all abortions performed in the state, as well as on all medical complications and maternal deaths resulting from these abortions.

History:

[39-9502, added 2018, ch. 225, sec. 1, p. 509.]
Idaho Code § 39-6706 — Idaho Code / Title 39 / Chapter 67 / Section 39-6706
39-6706 DECLARATION OF POLICIES AND PURPOSES.
Status: in_force

39-6706. Declaration of policies and purposes. Any regional air quality council established pursuant to this chapter shall develop and implement an air quality plan in accordance with the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, that includes:

(1) The compilation of all historical data on air quality studies in the specified regional area;

(2) An assessment of present and projected emissions related to the specified regional area;

(3) The completion of a comprehensive, scientifically based study of air quality in the specified regional area;

(4) A description of actions to be taken by governmental agencies and nongovernmental entities to protect, preserve and, when necessary, improve the air quality in the specified regional area; and

(5) The submittal of an air quality management plan to the legislature that may reject the plan in whole or in part pursuant to a concurrent resolution. Any regional air quality council established pursuant to this chapter shall assist and coordinate the implementation of the accepted plan with federal, state, and local authorities for seven (7) years after acceptance, after which any regional air quality council and its committees shall disband.

History:

[39-6706, added 2005, ch. 206, sec. 1, p. 618; am. 2022, ch. 110, sec. 9, p. 367.]
Idaho Code § 39-8106 — Idaho Code / Title 39 / Chapter 81 / Section 39-8106
39-8106 BASIN PROJECT COMMISSION — ESTABLISHMENT — COMPOSITION — POWERS — DUTIES — FUNDING.
Status: in_force

39-8106. Basin project commission — Establishment — Composition — Powers — Duties — Funding. (1) The basin environmental improvement project commission is hereby created and shall become operational when the director of the department of environmental quality, by execution of an appropriate order, determines that:

(a) Significant funds from any source have been provided to the basin improvement fund and financing authority; or

(b) Any one (1) or more agreements or compacts have been entered into between the state of Idaho and the state of Washington, the Coeur d'Alene tribe or the United States of America providing for participation in the basin project commission and financing authority.

(2) Any agreement or compact providing for participation in the basin project commission and financing authority shall be consistent with the terms of this chapter.

(3) The board of commissioners of the basin project commission shall include one (1) representative of the state of Idaho and one (1) representative from each of the county commissions of Shoshone, Kootenai and Benewah counties of the state of Idaho as appointed by the governor of the state of Idaho. Upon participation of the state of Washington, the Coeur d'Alene tribe or the United States of America through agreement or compact, the board of commissioners shall also include, according to such participation: one (1) representative of the state of Washington appointed by the governor of Washington; one (1) tribal council member of the Coeur d'Alene tribe appointed by the council of the Coeur d'Alene tribe; and one (1) representative of the United States of America appointed by the president of the United States of America.

(4) The commission shall act by majority vote except that the vote of any commissioner representative of the state of Idaho, the Coeur d'Alene tribe or the United States of America, or the unanimous vote of all three (3) commissioners representing Shoshone, Kootenai and Benewah counties, may veto any majority vote, in which event the action is not valid. The fiduciary duties of each commissioner shall be to their respective federal, tribal, state, or local governmental entity and such duties shall not disqualify any commissioner from full participation in any commission action. The commission may establish an advisory group to provide local citizen input to the commission in the performance of its duties. The commission shall distribute and publish a public involvement policy, to include procedures to assure adherence to the open meeting law and the public records act.

(5) The commission shall adopt as the basin project workplan a record of decisions approved pursuant to the federal comprehensive environmental responsibility compensation and liability act of 1980 (CERCLA), as amended, by the environmental protection agency of the United States of America, the department of environmental quality of the state of Idaho and, upon its participation, the Coeur d'Alene tribe, for environmental remediation and related measures pertaining to contamination by heavy metals in the basin. Amendment of the basin project workplan shall be made by the commission upon approval of the United States environmental protection agency, the Idaho department of environmental quality and the Coeur d'Alene tribe.

(6) The commission shall, to the extent that funds are available from the financing authority and any other source, implement the basin project workplan.

(7) The commission may select institutional control measures in implementation of the basin project workplan. The measures shall be adopted and implemented by appropriate local and tribal governments as a condition of remediation or restoration activities within those jurisdictions.

(8) The commission shall appoint an executive director to administer the basin project.

(9) The commission shall annually fix and determine, consistent with the basin project workplan and its schedule, the priorities of the basin project, the amount of money required from the financing authority, federal grants and taxation for implementing the basin project priorities including costs of construction and other activities, costs of operation and maintenance of the work, equipment of the basin project, and costs of administration.

(10) The commission shall have, within the basin, the authority of a board of commissioners of a flood control district as provided in chapter 31, title 42, Idaho Code, and the authority of a board of commissioners of a drainage district as provided in chapters 29 and 30, title 42, Idaho Code.

(11) The commission shall have the following powers and duties which may be exercised through the executive director of the basin project commission:

(a) To employ personnel as may be necessary to carry out the purposes and objectives of the basin project commission;

(b) To sue and be sued in the name of the basin project commission and to make and execute contracts and other instruments necessary or convenient to the exercise of its power;

(c) To manage and conduct the business and affairs of the basin project commission, both within and without the basin;

(d) To design, construct, operate and maintain structural works and actions as provided by the basin project workplan or procure or contract for the performance of those works and actions or portions thereof by any local, state, tribal or federal governmental entity or any private entity or individual;

(e) To prescribe the duties of officers, agents and employees as may be required;

(f) To establish the fiscal year of the basin project commission, to keep records of all business transactions of the basin project commission and to provide an annual public accounting of all expenditures;

(g) To obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any real or personal property, and improve any properties acquired; to receive income from properties and to expend the income in carrying out the purposes and provisions of the basin project commission; and to lease any of its property or interest therein in furtherance of the purposes and provisions of the basin project commission;

(h) To convey rights-of-way and easements for highways, public roads, public utilities, and for other purposes, over basin project property, as shall be determined by the commission to be in the best interests of the basin project;

(i) To convey by deed, bill of sale, or other appropriate instrument all of the estate and interest of the basin project commission, in any real or personal property;

(j) To enter into contracts or agreements with the United States of America or any of its agencies, the states of Idaho or Washington or any of their agencies or political subdivisions or the Coeur d'Alene tribe or any of its agencies or subdivisions or private entities or individuals and to cooperate with those governments, agencies, subdivisions, private entities or individuals in effectuating, promoting and accomplishing the purposes of the basin project;

(k) To bear its allocated share of the cost of any project resulting from any contract or agreement entered into as provided in this chapter;

(l) To assume, administer and maintain pursuant to any agreement or contract entered into in accordance with this chapter any environmental remediation or restoration measure within the basin undertaken by or in cooperation with the United States of America or any of its agencies, the states of Idaho or Washington or any of their agencies or subdivisions, or the Coeur d'Alene tribe or any of its agencies or subdivisions, or any combinations thereof;

(m) To accept donations, gifts and contributions in money, services, materials, or otherwise, from the United States of America or any of its agencies, or the states of Idaho or Washington or any of their agencies or political subdivisions, or the Coeur d'Alene tribe or any of its agencies or subdivisions, or private entities or individuals, or any combinations thereof, and to expend such moneys, services, or materials in carrying on its operations;

(n) To exercise all other powers necessary or helpful in carrying out the purposes and provisions of the basin project commission as provided in this chapter and by agreements or compacts between the states of Idaho and Washington, the Coeur d'Alene tribe and the United States of America.

History:

[39-8106, added 2001, ch. 371, sec. 2, p. 1299; am. 2002, ch. 39, sec. 1, p. 87; am. 2003, ch. 220, sec. 1, p. 570.]
Idaho Code § 39-8002 — Idaho Code / Title 39 / Chapter 80 / Section 39-8002
39-8002 DECLARATION OF PURPOSE.
Status: in_force

39-8002. Declaration of purpose. The purpose of this act is to assure the safety of children and others who use Idaho's public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with the code.

History:

[39-8002, added 2000, ch. 352, sec. 1, p. 1183.]
Idaho Code § 39-1202 — Idaho Code / Title 39 / Chapter 12 / Section 39-1202
39-1202 DEFINITIONS.
Status: in_force

39-1202. Definitions. For the purposes of this chapter:

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

(2) "Child care" means that care, control, supervision or maintenance of children for twenty-four (24) hours a day provided as an alternative to parental care.

(3) "Child" means an individual less than eighteen (18) years of age who is not enrolled in an institution of higher education.

(4) "Children's agency" means a person who operates a business for the placement of children in foster homes or for adoption in a permanent home and who does not provide child care as part of that business. Children's agency does not include a licensed attorney or physician assisting or providing natural and adoptive parents with legal services or medical services necessary to initiate and complete adoptive placements.

(5) "Children's camp" means a program of child care at a location away from the child's home that is primarily recreational and includes the overnight accommodation of the child and is not intended to provide treatment, therapy or rehabilitation for the child.

(6) "Children's institution" means a person who operates a residential facility for children not related to that person, if that person is an individual, for the purpose of providing child care. Children's institutions include, but are not limited to, foster homes, maternity homes, children's therapeutic outdoor programs, or any facilities providing treatment, therapy or rehabilitation for children. Children's institutions do not include: (a) facilities that provide only daycare as defined in chapter 11, title 39, Idaho Code; (b) facilities and agencies including hospitals, skilled nursing facilities, intermediate care facilities, and intermediate care facilities for people with intellectual disabilities licensed pursuant to chapter 13, title 39, Idaho Code; (c) day schools; (d) individuals acting in an advisory capacity, counseling a child in a religious context, and providing no child care associated with the advice; or (e) the occasional or irregular care of a neighbor's, relative's or friend's child or children by a person not ordinarily engaged in child care.

(7) "Children's residential care facility" means a children's institution, excluding:

(a) Foster homes;

(b) Residential schools;

(c) Children's camps.

No facility expressly excluded from the definition of a children's institution is included within the definition of a children's residential care facility.

(8) "Children's therapeutic outdoor program" is a program designed to provide behavioral, substance abuse, or mental health services to minors in an outdoor setting. This does not include children's camps, church camps, or other outdoor programs primarily designed to be educational or recreational, such as Boy Scouts, Girl Scouts, 4-H or sports camps.

(9) "Continued care" means the ongoing placement of an individual in a foster home, children's residential care facility, or transitional living placement who reaches the age of eighteen (18) years but is less than twenty-three (23) years of age.

(10) "Day school" means a public, private, parochial or secular facility offering an educational program in which the children leave the facility each day at the conclusion of the academic, vocational or school-supervised activities.

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

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

(13) "Foster care" means child care by a person not related to the child, in lieu of parental care, in a foster home. The term also includes care provided by kin when placement has been made by the department and the kin are licensed by the department pursuant to 39-1211A, Idaho Code.

(14) "Foster home" means a home that accepts, for any period of time, with or without compensation, one (1) or more children who are not related to the foster parent as members of the household for the purpose of providing substitute parental care. The term also includes a home of kin when placement has been made by the department and the kin is licensed by the department pursuant to 39-1211A, Idaho Code.

(15) "Group care" means foster care of a number of children for whom child care in a family setting is not available or appropriate in a dormitory or cottage type setting characterized by activities and discipline of a more regimented and less formal nature than found in a family setting.

(16) "Juvenile detention" is as defined in section 20-502(8), Idaho Code, of the juvenile corrections act.

(17) "Juvenile detention center" means a facility established pursuant to sections 20-517 and 20-518, Idaho Code.

(18) "Kin" means all relatives pursuant to this chapter, extended family members, and those who have a significant family-like relationship with a child.

(19) "Person" includes any individual, group of individuals, association, partnership, limited liability company or corporation.

(20) "Placement" means finding a suitable licensed foster home or suitable adoptive home for a child and completing the arrangements for a child to be accepted into and adjusted to such home.

(21) "Relative" means a child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling or half-sibling.

(22) "Representative" means an employee of the state department of health and welfare.

(23) "Residential facility" means any facility where child care is provided, as defined in this section, and that provides day and night accommodation.

(24) "Residential school" means a residential facility for children that:

(a) Provides a planned, scheduled, regular, academic or vocational school program for students in the elementary, middle or secondary grades as defined in section 33-1001, Idaho Code; and

(b) Provides services substantially comparable to those provided in nonresidential public schools where the primary purpose is the education and academic pursuits of the students; and

(c) Does not seek, receive or enroll students for treatment of such special needs as substance abuse, mental illness, emotional disturbance, developmental disability or intellectual disability; and

(d) Is not:

(i) A college or university;

(ii) A children's camp as defined in this section; or

(iii) A public or private day school in which the children leave the facility each day at the conclusion of the academic, vocational or school-supervised activities.

(25) "Transitional living" means living arrangements and aftercare services for children, or as continued care, to gain experience living on their own in a supportive and supervised environment prior to emancipation.

History:

[(39-1202) 39-1209, added 1963, ch. 320, sec. 2, p. 901; am. 1972, ch. 196, sec. 4, p. 483; am. 1974, ch. 23, sec. 113, p. 633; am. 1987, ch. 56, sec. 2, p. 92; am. 1990, ch. 214, sec. 1, p. 564; am. and redesig. 1990, ch. 215, sec. 3, p. 569; am. 2001, ch. 93, sec. 5, p. 236; am. 2002, ch. 219, sec. 1, p. 599; am. 2010, ch. 147, sec. 4, p. 319; am. 2010, ch. 235, sec. 22, p. 560; am. 2021, ch. 18, sec. 3, p. 44; am. 2022, ch. 23, sec. 3, p. 67; am. 2025, ch. 142, sec. 2, p. 721; am. 2026, ch. 198, sec. 3, p. 867.]
Idaho Code § 39-8623 — Idaho Code / Title 39 / Chapter 86 / Section 39-8623
39-8623 IDAHO ELEVATOR SAFETY FUND ESTABLISHED.
Status: in_force

39-8623. Idaho elevator safety fund established. All moneys received by the administrator under the provisions of this chapter shall be paid into the state treasury as directed by section 59-1014, Idaho Code, and shall be placed by the state treasurer to the credit of a dedicated fund to be known as the "Idaho Elevator Safety Fund" which is hereby established. All such moneys hereafter placed in the fund are hereby set aside and appropriated to the division of occupational and professional licenses to carry into effect the provisions of this chapter.

History:

[39-8623, added 2006, ch. 81, sec. 1, p. 243; am. 2023, ch. 15, sec. 22, p. 88.]
Idaho Code § 39-9203 — Idaho Code / Title 39 / Chapter 92 / Section 39-9203
39-9203 DEFINITIONS.
Status: in_force

39-9203. definitions. For purposes of this chapter, the following definitions apply:

(1) "Direct fee" means an agreed-upon fee charged by a primary care provider as consideration for providing and being available to provide direct primary care services described in a direct primary care agreement.

(2) "Direct primary care agreement" means a written contract between a primary care provider and an individual patient or a patient's representative in which the primary care provider agrees to provide direct primary care services to the patient over a specified period of time for payment of a direct fee.

(3) "Direct primary care services" means those services that a primary care provider is licensed or otherwise legally authorized to provide and may include, but are not limited to, such services as screening, assessment, diagnosis and treatment for the purpose of promoting health; detection, management and care of disease or injury; or routine preventive or diagnostic dental treatment. Such services may be provided in a primary care provider's office, the patient's home or other locations where a patient visit with the primary care provider needs to occur.

(4) "Patient" means a person who is entitled to receive direct primary care services under a direct care agreement.

(5) "Patient's representative" means a person identified in section 39-4504(1)(a) through (g), Idaho Code.

(6) "Primary care provider" means a natural person licensed or otherwise legally authorized to provide health care services in the state of Idaho in the field of pediatrics, family medicine, internal medicine or dentistry, who provides such services either alone or in professional association with others in a form and within a scope permitted by such licensure or legal authorization for the provision of such services, and who enters into a direct primary care agreement.

History:

[39-9203, added 2015, ch. 291, sec. 1, p. 1164.]
Idaho Code § 39-1306 — Idaho Code / Title 39 / Chapter 13 / Section 39-1306
39-1306 INFORMATION.
Status: in_force

39-1306. Information. Information received by the department through filed reports, inspections, or as otherwise authorized pursuant to sections 39-1301 through 39-1309, Idaho Code, that would identify individual residents or patients of facilities or agencies shall be subject to disclosure according to chapter 1, title 74, Idaho Code. Public disclosure of information obtained by the department for the purposes of sections 39-1301 through 39-1309, Idaho Code, shall be governed by chapter 1, title 74, Idaho Code. Nothing in sections 39-1301 through 39-1309, Idaho Code, however, shall be construed to impair, restrict, or alter the confidentiality and privilege afforded the physician and patient communications, including without limitation documentation thereof in records of facilities or agencies or communications to and with nurses or other assisting persons or entities. Nothing in sections 39-1301 through 39-1309, Idaho Code, shall be construed to amend by implication such physician-patient communication privilege as provided by law, including without limitation section 9-203(4), Idaho Code, which shall remain inviolate.

History:

[(39-1306) 39-1310, added 1947, ch. 133, sec. 12, p. 324; am. 1975, ch. 133, sec. 1, p. 294; am. and redesig. 1980, ch. 159, sec. 13, p. 338; am. 1990, ch. 213, sec. 41, p. 514; am. 2015, ch. 141, sec. 87, p. 442.; am. and redesig. 2025, ch. 122, sec. 25, p. 636.]
Idaho Code § 39-277 — Idaho Code / Title 39 / Chapter 2 / Section 39-277
39-277 AUTOPSIES FOR SUSPECTED CREUTZFELDT-JAKOB DISEASE.
Status: in_force

39-277. Autopsies for suspected Creutzfeldt-Jakob disease. When an attending physician or hospital has reported to the department of health and welfare that Creutzfeldt-Jakob disease (CJD) or variant CJD is suspected in relation to a person's death, the state epidemiologist, as designated pursuant to department rule, shall cause to be performed an autopsy of the body, provided a definitive diagnosis has not been made prior to death and provided further that the person or persons having the highest authority under the provisions of section 54-1142, Idaho Code, do not refuse the performance of such autopsy. The state epidemiologist, in ordering an autopsy pursuant to this section, shall require the person or entity performing the autopsy to report the findings of such autopsy to the department of health and welfare.

History:

[39-277, added 2006, ch. 241, sec. 1, p. 735.]
Idaho Code § 39-8611 — Idaho Code / Title 39 / Chapter 86 / Section 39-8611
39-8611 CERTIFICATE TO OPERATE.
Status: in_force

39-8611. Certificate to operate. (1) Inspection and certificate. No conveyance shall be placed into operation until an inspection has been performed and a certificate to operate has been issued by the division.

(2) Inspection prior to issuance. A certificate to operate may be issued only if, after a thorough inspection, the QEI finds that the conveyance meets the required safety standards. If the conveyance is found to be unsafe, the division shall prohibit the use of the conveyance until it is made safe. Conveyances shall comply with the codes set forth in section 39-8614, Idaho Code.

(3) Term of certificate. A certificate to operate shall be in effect for five (5) years, provided that the conveyance continues to meet the requirements of the appropriate codes as evidenced by annual inspections.

(4) Revocation of certificate. The certificate to operate shall remain the property of the state of Idaho and may be revoked at any time if the conveyance fails to meet the requirements of the appropriate codes or if the annual certification fee is not paid.

History:

[39-8611, added 2004, ch. 359, sec. 1, p. 1070; am. 2007, ch. 137, sec. 1, p. 397.]
Idaho Code § 39-7111 — Idaho Code / Title 39 / Chapter 71 / Section 39-7111
39-7111 LIABILITY FOR RELEASE OF A HAZARDOUS SUBSTANCE.
Status: in_force

39-7111. Liability for release of a hazardous substance. (1) Any person who owns, controls, transports, or causes the release or threat of release of a substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous substance incident, identified in section 39-7112, Idaho Code. There shall be no liability under this chapter for a person otherwise liable who can establish by a preponderance of the evidence that:

(a) The hazardous substance incident was caused solely by:

(i) An act of God;

(ii) An act of war;

(iii) An act or omission of a third party, other than an employee or agent of the potentially liable person if:

1. The potentially liable person exercised reasonable care with respect to the substance involved, taking into consideration the characteristics of the substance in light of all relevant facts and circumstances; and

2. The potentially liable person took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or

(iv) Application of a pesticide product or fertilizer registered under the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. section 136, et seq., according to label requirements; or

(b) The substance was not a hazardous substance and the person otherwise liable acted reasonably under the circumstances.

History:

[39-7111, added 1991, ch. 242, sec. 1, p. 590; am. 2009, ch. 281, sec. 5, p. 848.]
Idaho Code § 39-1201 — Idaho Code / Title 39 / Chapter 12 / Section 39-1201
39-1201 POLICY.
Status: in_force

39-1201. Policy. It is hereby declared to be the policy of this state to insure that children of this state shall receive adequate substitute parental care in the event of absence, temporary or permanent inability of parents to provide care and protection for their children or the parents are seeking alternative twenty-four (24) hour long-term care for their children. This policy is predicated upon the fact that children are vulnerable, not capable of protecting themselves, and when their parents for any reason have relinquished their care to others, there arises the possibility of certain risks to the children's lives, health and safety which the community as a whole must protect against. This requires the offsetting statutory protection of review and, in certain instances, licensing or registration.

The provisions of this chapter shall apply only to those entities specifically addressed herein. It is not the intent of the legislature to restrict, regulate, or otherwise control private day schools or home schools.

History:

[(39-1201) 1963, ch. 320, sec. 1, p. 901; am. and redesignated 1990, ch. 215, sec. 2, p. 569.]
Idaho Code § 39-1214 — Idaho Code / Title 39 / Chapter 12 / Section 39-1214
39-1214 ELIGIBILITY FOR LICENSE.
Status: in_force

39-1214. Eligibility for license. Any foster home, children's agency, children's therapeutic outdoor program or children's residential care facility which applies for a license in the manner and form prescribed by the board of health and welfare and is found upon investigation by the department to be established in conformity with the rules and standards established by the department under the authority conferred herein shall be licensed for a period of one (1) year.

History:

[39-1214, added 1963, ch. 320, sec. 7, p. 901; am. 1990, ch. 215, sec. 16, p. 576; am. 2001, ch. 93, sec. 11, p. 241; am. 2002, ch. 219, sec. 6, p. 603.]
Idaho Code § 39-8911 — Idaho Code / Title 39 / Chapter 89 / Section 39-8911
39-8911 PREEMPTION.
Status: in_force

39-8911. Preemption. This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.

History:

[39-8911, added 2008, ch. 278, sec. 1, p. 798.]
Idaho Code § 39-608 — Idaho Code / Title 39 / Chapter 6 / Section 39-608
39-608 TRANSFER OF BODY FLUID WHICH MAY CONTAIN THE HIV VIRUS — PUNISHMENT — DEFINITIONS — DEFENSES.
Status: in_force

39-608. Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine.

(2) Definitions. As used in this section:

(a) "Body fluid" means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine.

(b) "Transfer" means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person.

(3) Defenses:

(a) Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity.

(b) Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious.

History:

[39-608, added 1988, ch. 151, sec. 1, p. 271.]
Idaho Code § 39-421 — Idaho Code / Title 39 / Chapter 4 / Section 39-421
39-421 SPECIAL COUNSEL OF DISTRICT BOARD.
Status: in_force

39-421. Special counsel of district board. The district board is hereby authorized to engage special counsel to defend it and the members in all action and proceedings brought against it or them with respect to their official duties hereunder. In addition, such special counsel may bring any civil action requested by the district board. The special counsel may request the prosecuting attorney of any county within the district for appointment as special prosecutor to assist in prosecuting any alleged violations of any of the provisions of this chapter which occurred within such county. Upon receipt of such request, the prosecutor of such county may forthwith designate the district's special counsel as special prosecutor to assist in prosecuting the alleged offender, and such special counsel shall have all the powers of a prosecuting attorney while acting as special prosecuting attorney. Compensation of such special counsel for acting as special prosecutor shall be paid by the district and subject to recovery as provided in section 39-419, Idaho Code.

History:

[39-421, added 1970, ch. 90, sec. 13, p. 218; am. 1976, ch. 179, sec. 5, p. 648; am. 1992, ch. 122, sec. 3, p. 401.]
Idaho Code § 39-249 — Idaho Code / Title 39 / Chapter 2 / Section 39-249
39-249 TRANSMITTAL OF CERTIFICATES AND LOCAL RECORDS.
Status: in_force

39-249. Transmittal of certificates and local records. Local registration officers shall transmit all certificates filed with them to the state registrar in accordance with the regulations of the board. Complete and accurate copies of all certificates shall be made by the local registrar for local records purposes.

History:

[39-249, added 1949, ch. 72, sec. 9, p. 117; am. 1983, ch. 7, sec. 9, p. 27.]
Idaho Code § 39-8620 — Idaho Code / Title 39 / Chapter 86 / Section 39-8620
39-8620 CIVIL PENALTY FOR VIOLATION OF CHAPTER — NOTICE.
Status: in_force

39-8620. Civil penalty for violation of chapter — Notice. (1) The administrator may assess a penalty against a person violating a provision of this chapter. The penalty shall be not more than five hundred dollars ($500) per violation. Each day that the violation continues is a separate violation and is subject to a separate penalty.

(2) The administrator shall notify the violator of his action and the reasons for his action in writing. The administrator shall send the notice by certified mail to the violator's last known address. The notice shall inform the violator that a hearing may be requested under the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. A request for a hearing shall not stay the effect of the penalty.

History:

[39-8620, added 2004, ch. 359, sec. 1, p. 1073.]
Idaho Code § 39-5008 — Idaho Code / Title 39 / Chapter 50 / Section 39-5008
39-5008 DISCRIMINATION PROHIBITED.
Status: in_force

39-5008. Discrimination prohibited. No person shall, on the ground of sex, age, race, color, religion, national origin or disability, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity made available under this chapter.

History:

[(39-5008) 39-4908, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 66, p. 106; am. 2010, ch. 235, sec. 29, p. 567.]
Idaho Code § 39-1359 — Idaho Code / Title 39 / Chapter 13 / Section 39-1359
39-1359 CONVEYANCE OF HOSPITAL DISTRICT PROPERTY TO NONPROFIT CORPORATION.
Status: in_force

39-1359. CONVEYANCE OF HOSPITAL DISTRICT property TO NONPROFIT CORPORATION. (1) As an alternative to the procedure set forth in section 39-1358, Idaho Code, the board of trustees of a hospital district may convey or lease hospital district real property, facilities, and the personal property and equipment therein subject to the following conditions:

(a) The conveyance or lease shall be to a nonprofit corporation;

(b) No lease term shall exceed ninety-nine (99) years;

(c) The governing body of the nonprofit corporation must be composed initially of the incumbent trustees of the hospital district board of trustees as individuals;

(d) The articles of incorporation must provide for a membership of the corporation that is:

(i) Broadly representative of the public it serves; or

(ii) A single nonprofit corporate member having articles of incorporation that provide for a membership of the corporation that is broadly representative of the public it serves. The articles must further provide for the selection of the governing body by the membership of the corporation or exclusively by a parent corporation that is a corporate member, with voting power, and not by the governing body itself, except to fill a vacancy for an unexpired term. The articles must further provide that no member of the governing body shall serve more than two (2) consecutive three (3) year terms;

(e) The nonprofit corporation must provide care for indigent patients and receive any person falling sick or maimed within the hospital district;

(f) The conveyance or lease agreement must provide for the transfer of patients, staff, and employees and for the continuing administration of any trusts or bequests or maintenance of records pertaining to the existing hospital district; and

(g) The conveyance or lease agreement shall provide for a price that is either of the following:

(i) The acceptance of all assets and assumption of all liabilities; or

(ii) Such other price to which the hospital district board of trustees and the nonprofit corporation agree.

(2) If any hospital that has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, then the hospital so conveyed shall revert to the ownership of the hospital district, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital. If any hospital that has been leased pursuant to this section ceases to be used as a nonprofit hospital, then the lease shall terminate.

History:

[39-1359, added 2022, ch. 180, sec. 2, p. 584.]
Idaho Code § 39-6110 — Idaho Code / Title 39 / Chapter 61 / Section 39-6110
39-6110 CRITERIA FOR PROPOSED PRACTICE LOCATION.
Status: in_force

39-6110. Criteria for proposed practice location. (1) The proposed practice location must:

(a) Be located in an area of underservice federally designated by the secretary of health and human services; or

(b) Serve patients who reside in an area of underservice federally designated by the secretary of health and human services for flex waiver applications only.

(2) If a new practice location is planned, additional criteria apply. New practice locations must:

(a) Have the legal, financial, and organizational structure necessary to provide a stable practice environment, and must provide a business plan that supports this information;

(b) Support a full-time physician practice;

(c) Have written referral plans that describe how patients using the new practice care location will be connected to existing secondary and tertiary care if needed.

History:

[39-6110, added 2004, ch. 128, sec. 1, p. 442; am. 2009, ch. 106, sec. 11, p. 331; am. 2017, ch. 72, sec. 7, p. 176.]
Idaho Code § 39-6710 — Idaho Code / Title 39 / Chapter 67 / Section 39-6710
39-6710 QUORUM — PROCEDURES.
Status: in_force

39-6710. Quorum — Procedures. (1) A majority of the members of a regional council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter.

(2) A regional council may adopt its own operating rules and procedures, which shall be made available to the public.

History:

[39-6710, added 2005, ch. 206, sec. 1, p. 619; am. 2022, ch. 110, sec. 12, p. 367.]
Idaho Code § 39-4504 — Idaho Code / Title 39 / Chapter 45 / Section 39-4504
39-4504 PERSONS WHO MAY GIVE CONSENT TO CARE FOR OTHERS.
Status: in_force

39-4504. Persons who may give consent to care for others. [effective until January 1, 2027] (1) Consent for the furnishing of health care services to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in the order of priority set forth hereafter; provided however, that the surrogate decision-maker shall have sufficient comprehension as required to consent to his or her own health care services pursuant to the provisions of section 39-4503, Idaho Code; and provided further that the surrogate decision-maker shall not have authority to consent to or refuse health care services contrary to such person's advance care planning document or wishes expressed by such person while the person was capable of consenting to his or her own health care services:

(a) The court-appointed guardian of such person;

(b) The person named in another person's advance care planning document as the health care agent of such person pursuant to section 39-4510, Idaho Code, or a similar document authorized by this chapter if the conditions in such advance care planning document for authorizing the agent to act have been satisfied;

(c) If married, the spouse of such person;

(d) An adult child of such person;

(e) A parent of such person;

(f) The person named in a delegation of parental authority executed pursuant to section 15-5-104, Idaho Code;

(g) Any relative of such person;

(h) Any other competent individual representing himself or herself to be responsible for the health care of such person; or

(i) If the person presents a medical emergency or there is a substantial likelihood of his or her life or health being seriously endangered by withholding or delay in the rendering of health care services to such person and the person has not communicated and is unable to communicate his or her wishes, the attending health care provider may, in his or her discretion, authorize or provide such health care services, as he or she deems appropriate, and all persons, agencies, and institutions thereafter furnishing the same, including such health care provider, may proceed as if informed valid consent therefor had been otherwise duly given.

(2) No person who, in good faith, gives consent or authorization for the provision of health care services to another person as provided by this chapter shall be subject to civil liability therefor.

(3) No health care provider who, in good faith, obtains consent from a person pursuant to either section 39-4503 or 39-4504(1), Idaho Code, shall be subject to civil liability therefor.

39-4504. Persons who may give consent to care for others. [effective January 1, 2027] (1) Consent for the furnishing of health care services to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in the order of priority set forth hereafter; provided however, that the surrogate decision-maker shall have sufficient comprehension as required to consent to his or her own health care services pursuant to the provisions of section 39-4503, Idaho Code; and provided further that the surrogate decision-maker shall not have authority to consent to or refuse health care services contrary to such person's advance care planning document or wishes expressed by such person while the person was capable of consenting to his or her own health care services:

(a) The court-appointed guardian of such person;

(b) The person named in another person's advance care planning document as the health care agent of such person pursuant to section 39-4510, Idaho Code, or a similar document authorized by this chapter if the conditions in such advance care planning document for authorizing the agent to act have been satisfied;

(c) If married, the spouse of such person;

(d) An adult child of such person;

(e) A parent of such person;

(f) The person named in a delegation of parental authority executed pursuant to section 15-5-128, Idaho Code;

(g) Any relative of such person;

(h) Any other competent individual representing himself or herself to be responsible for the health care of such person; or

(i) If the person presents a medical emergency or there is a substantial likelihood of his or her life or health being seriously endangered by withholding or delay in the rendering of health care services to such person and the person has not communicated and is unable to communicate his or her wishes, the attending health care provider may, in his or her discretion, authorize or provide such health care services, as he or she deems appropriate, and all persons, agencies, and institutions thereafter furnishing the same, including such health care provider, may proceed as if informed valid consent therefor had been otherwise duly given.

(2) No person who, in good faith, gives consent or authorization for the provision of health care services to another person as provided by this chapter shall be subject to civil liability therefor.

(3) No health care provider who, in good faith, obtains consent from a person pursuant to either section 39-4503 or 39-4504(1), Idaho Code, shall be subject to civil liability therefor.

History:

[(39-4504) 39-4503, added 2005, ch. 120, sec. 2, p. 381; am. and redesig. 2007, ch. 196, sec. 4, p. 581; am. 2012, ch. 302, sec. 4, p. 827; am. 2023, ch. 307, sec. 4, p. 925; am. 2026, ch. 79, sec. 26, p. 416.]
Idaho Code § 39-6805 — Idaho Code / Title 39 / Chapter 68 / Section 39-6805
39-6805 STANDARDS FOR CONTAMINANT MANAGEMENT.
Status: in_force

39-6805. STANDARDS FOR CONTAMINANT MANAGEMENT. (1) Except as otherwise provided in this chapter, contaminant management is required on all properties within the institutional controls administrative areas of OU-1, OU-2, and OU-3, including properties that have been remediated; properties tested and scheduled for remediation; properties not yet tested; properties with testing of deep soils (below eighteen (18) inches) by the applicant where a project may result in deep excavations; and properties with replacement and repair of remediation barriers in accordance with the remedial design report or other management activities designated for that geographic location or specific property.

(2) As necessary to protect public health and the environment, the department may impose contaminant management requirements, other than barrier installations, on projects where:

(a) For OU-1 and OU-2, soils exhibit lead concentrations in excess of three hundred fifty (350) parts per million (ppm) lead, particularly where a property has been remediated with either six (6) or twelve (12) inches of clean fill but contaminants in the three hundred fifty (350) to one thousand (1,000) ppm lead range remain below the six (6) or twelve (12) inch depth and those contaminants may be disturbed by a large or small project;

(b) For OU-1 and OU-2, any large or small project or building renovation involves the breaching or disturbance of a barrier or the disturbance or migration of contaminants exceeds one thousand (1,000) ppm lead; and

(c) For OU-3, properties testing below action levels in the top eighteen (18) inches where large or small projects may disturb contaminants below eighteen (18) inches are in excess of one thousand (1,000) ppm lead or one hundred (100) ppm arsenic.

(3) Developed recreation areas with surface soil containing lead concentrations greater than seven hundred (700) ppm lead and one hundred (100) ppm arsenic shall be capped pursuant to the applicable remedial design report or other management activities designated for that geographic location.

(4) Agricultural and undeveloped land within the institutional controls administrative area are exempt, unless excavation and grading activities such as soil transport off-site or development by the owner or his agents on these lands is likely to result in the release or migration of contaminants from these lands to adjacent nonagricultural or undeveloped areas.

(5) All barriers existing or constructed after the effective date of this chapter shall be maintained and protected to construction specifications as directed by the department. Materials used for barriers will be sampled for contaminants to ensure:

(a) For OU-1 and OU-2, that they have no earthen materials containing, on average, more than one hundred (100) ppm of lead or arsenic, nor more than five (5) ppm of cadmium, with no individual sample containing more than one hundred fifty (150) ppm of lead; and

(b) For OU-3, that soil and crushed aggregate/gravel imported for barrier material shall contain less than one hundred (100) ppm lead, thirty-five (35) ppm arsenic, and five (5) ppm cadmium based on average of backfill sampling results. No single sample of replacement materials may exceed one hundred fifty (150) ppm lead or forty-five (45) ppm arsenic.

(6) No new PUD or subdivision will be developed without contaminant management on any portion of the property that exceeds the following contaminant concentrations:

(a) For OU-1 and OU-2, average of three hundred fifty (350) ppm lead or a single lot exceeds one thousand (1,000) ppm lead; and

(b) For OU-3, one thousand (1,000) ppm lead or one hundred (100) ppm arsenic.

(7) No person may conduct, except in accordance with this chapter, any activity within the institutional controls administrative area that breaches a barrier, may breach a barrier, or disturbs the same or otherwise results in a threat to public health or the environment from the migration of contaminants through tracking on tires or vehicles, visible airborne dust, excavation, transport, disposal, renovation, demolition, or run-on or run-off from stormwater or in any other manner on properties tested and requiring remediation and on properties not yet tested within the institutional controls administrative area.

(8) Barriers are required as necessary to attain the standards described in this chapter. Construction and maintenance criteria for barriers are specified in the remedial design report designated for each applicable geographic location and are available through the department upon request.

History:

[39-6805, added 2023, ch. 73, sec. 1, p. 245.]
Idaho Code § 39-1352 — Idaho Code / Title 39 / Chapter 13 / Section 39-1352
39-1352 NOTATION OF INTEREST AMOUNT ON WARRANT.
Status: in_force

39-1352. Notation of interest amount on warrant. When the treasurer pays any warrant on which any interest is due, he must note on the warrant the amount of interest paid thereon and enter on his account the amount of such interest distinct from the principal.

History:

[39-1352, added 1965, ch. 173, sec. 35, p. 340.]
Idaho Code § 39-1208 — Idaho Code / Title 39 / Chapter 12 / Section 39-1208
39-1208 STANDARDS FOR CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS.
Status: in_force

39-1208. Standards for children's therapeutic outdoor programs. The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children's therapeutic outdoor program:

(1) Assure the organizational stability of the program, which may require incorporation under the laws of Idaho.

(2) Require from the policymaking authority of the program the promulgation of a statement setting forth the program's purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.

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

(4) Assure such recordkeeping and reporting as may be deemed necessary to the program's services and to the department's licensing responsibility.

(5) Assure the safety and physical care of children for whom the program assumes or accepts responsibility.

(6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the program for the child.

(7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the program's purposes and physical demands.

(8) The department shall obtain a criminal history check on the owners, operators and employees of all children's therapeutic outdoor programs. The criminal history check shall be fingerprint based and include the following:

(a) Statewide criminal identification bureau;

(b) Federal bureau of investigation (FBI) criminal history;

(c) National crime information center; and

(d) Statewide child abuse register.

History:

[39-1208, added 2002, ch. 219, sec. 4, p. 602.]
Idaho Code § 39-1301 — Idaho Code / Title 39 / Chapter 13 / Section 39-1301
39-1301 DEFINITIONS.
Status: in_force

39-1301. Definitions. For purposes of this section through section 39-1309, Idaho Code, the following terms shall be defined as follows:

(1) "CMS" means the centers for medicare and medicaid services.

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

(3) "Government unit" means the state, or any county, municipality, or other political subdivision, or any department, division, board, or other agency thereof.

(4) "Home health agency" means any business entity that primarily provides skilled nursing services by licensed nurses and also provides at least one (1) other health care service to an individual in that individual's place of residence.

(5) "Hospice house" means a facility that is owned and operated by a medicare certified hospice agency for the purpose of providing inpatient hospice services consistent with 42 CFR 418.110.

(6) "Hospital" has the same meaning as in section 1861 of the social security act.

(7) "Intermediate care facility" means a nonnursing home facility, designed and operated to meet the unique educational, training, habilitative, and medical needs of the developmentally disabled through the provision of active treatment.

(8) "Nursing facility" or "nursing home" has the same meaning as in 42 CFR.

(9) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

History:

[39-1301, added 2025, ch. 122, sec. 20, p. 634.]
Idaho Code § 39-1218 — Idaho Code / Title 39 / Chapter 12 / Section 39-1218
39-1218 LICENSE — DENIAL — SUSPENSION — REVOCATION — NONRENEWAL — HEARING.
Status: in_force

39-1218. License — Denial — Suspension — Revocation — Nonrenewal — Hearing. (1) Any license issued pursuant to this chapter may be denied, suspended, revoked or not renewed, by notice in writing by the director or his authorized representative served upon the applicant or licensee by registered or certified mail, setting forth the reasons therefor, if upon investigation it is found that the licensee has failed or refused to comply with any of the provisions of this chapter or with any of the rules, regulations or standards established pursuant to this chapter.

(2) Within fifteen (15) days from receipt of notice of grounds for denial, suspension, revocation or nonrenewal, the applicant or licensee may serve upon the director by registered or certified mail, a written request for hearing. Upon receipt of such request, the director shall fix a date for hearing, which date shall not be more than thirty (30) days from receipt of the request and shall give the applicant or licensee at least fifteen (15) days' notice of said hearing date.

(3) If no request for hearing is made within the time specified, the license shall be deemed denied, suspended or revoked. The department shall notify the applicant or licensee of the decision of the director or his authorized representative within thirty (30) days after conclusion of the hearing.

History:

[39-1218, added 1963, ch. 320, sec. 11, p. 901; am. 1974, ch. 23, sec. 117, p. 633; am. 1990, ch. 215, sec. 19, p. 577.]
Idaho Code § 39-9201 — Idaho Code / Title 39 / Chapter 92 / Section 39-9201
39-9201 SHORT TITLE.
Status: in_force

39-9201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Direct Primary Care Act."

History:

[39-9201, added 2015, ch. 291, sec. 1, p. 1164.]
Idaho Code § 39-7702 — Idaho Code / Title 39 / Chapter 77 / Section 39-7702
39-7702 DEFINITIONS.
Status: in_force

39-7702. Definitions. As used in this chapter:

(1) "Community health screening event" means an event sponsored by a school, a church, a civic club or another community organization for the purpose of providing health screenings by health care providers who are not compensated for their volunteer service at the event.

(2) "Compensation" means any remuneration, whether by way of salary, fee or otherwise, for health care services rendered. Compensation does not include actual and necessary expenses that are incurred by a volunteer health care provider in connection with the services provided or the duties performed by the health care provider on behalf of a free clinic, and that are reimbursed to the volunteer health care provider.

(3) "Free medical clinic" means a facility other than a hospital or health care provider's office which is an organized community-based program, registered with the department of health and welfare, at which primary medical care is provided without charge to individuals unable to pay for it, and at which the care provided does not include the use of general anesthesia or require an overnight stay in a health care facility.

(4) "Health care provider" means any physician, dentist, optometrist, physician assistant, nurse, or other person who is licensed, certified, or registered under title 54, Idaho Code, to provide health care or other professional services or who is otherwise authorized to practice in Idaho. "Health care provider" also includes an individual enrolled in an accredited education or training program for licensure, certification, or registration under title 54, Idaho Code, while the individual is providing services under the direct supervision of a person who is licensed, certified, or registered under title 54, Idaho Code, and practicing within his regulated scope of practice, as long as the patient has been notified that the individual is a student.

(5) "Health screening" means an examination, an evaluation or another health care assessment of a person by a licensed health care provider practicing within the provider's scope of practice to determine the fitness of an individual to participate in an event or activity or to determine whether an individual needs additional health care evaluation or treatment.

(6) "Voluntary provision of health care services" means providing professional services by a health care provider without compensation.

History:

[39-7702, added 1998, ch. 295, sec. 1, p. 976; am. 2018, ch. 38, sec. 1, p. 97; am. 2020, ch. 57, sec. 1, p. 138.]
Idaho Code § 39-8425 — Idaho Code / Title 39 / Chapter 84 / Section 39-8425
39-8425 RULEMAKING.
Status: in_force

39-8425. RULEMAKING. The attorney general may adopt rules to implement this act. With respect to section 39-8423(1)(d), Idaho Code, the attorney general shall adopt rules with an effective date that is no earlier than July 1, 2013. In adopting rules implementing subsection 39-8423(1)(d), Idaho Code, the attorney general may provide for an effective date that is later than July 2, 2013, if, in his discretion, such later effective date is warranted.

History:

[39-8425, added 2012, ch. 206, sec. 6, p. 551.]
Idaho Code § 39-2501 — Idaho Code / Title 39 / Chapter 25 / Section 39-2501
39-2501 RURAL NURSING LOAN REPAYMENT PROGRAM.
Status: in_force

39-2501. RURAL NURSING LOAN REPAYMENT PROGRAM. [EFFECTIVE UNTIL JUNE 30, 2029] A rural and underserved nursing incentive program as set forth in this chapter shall be administered by the department of health and welfare. The program shall provide for the payment of nursing education loans for eligible nurses practicing in rural and underserved areas of the state subject to the requirements of this chapter. The department of health and welfare may promulgate rules to implement the provisions of this chapter.

History:

[39-2501, added 2023, ch. 60, sec. 1, p. 218.]
Idaho Code § 39-4601 — Idaho Code / Title 39 / Chapter 46 / Section 39-4601
39-4601 SHORT TITLE.
Status: in_force

39-4601. Short title. This chapter shall be known and may be cited as the "Idaho Developmental Disabilities Services and Facilities Act of 1978."

History:

[I.C., sec. 39-4601, as added by 1978, ch. 270, sec. 1, p. 624.]
Idaho Code § 39-8301 — Idaho Code / Title 39 / Chapter 83 / Section 39-8301
39-8301 SHORT TITLE.
Status: in_force

39-8301. Short title. This chapter shall be known and may be cited as the "Genetic Testing Privacy Act."

History:

[39-8301, added 2006, ch. 293, sec. 1, p. 904.]
Idaho Code § 39-8421 — Idaho Code / Title 39 / Chapter 84 / Section 39-8421
39-8421 DEFINITIONS.
Status: in_force

39-8421. definitions. As used in sections 39-8420 through 39-8425, Idaho Code:

(1) The definitions set forth in section 39-8402, Idaho Code, of the Idaho tobacco master settlement agreement complementary act, and in this section, apply to sections 39-8420 through 39-8425, Idaho Code.

(2) "Cigarette rolling machine" means any machine or device that has the capability to produce at least one hundred fifty (150) cigarettes in less than thirty (30) minutes.

(3) "Cigarette rolling machine operator" means any person who owns or leases or otherwise has available for use a cigarette rolling machine and makes such a machine available for use by another person in a commercial setting in order to manufacture a cigarette. No person shall be deemed a cigarette rolling machine operator based solely upon that person's manufacture, sale, enabling, disabling, or repair of a cigarette rolling machine.

(4) "Minor" has the same meaning as that term is defined in section 39-5702, Idaho Code.

(5) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, business entities, and any other legal entity, or any other group associated in fact although not a legal entity.

(6) "Tobacco products" means any substance that contains tobacco, including but not limited to cigarettes, cigars, pipes, snuff, smoking tobacco, tobacco papers, or smokeless tobacco.

History:

[39-8421, added 2012, ch. 206, sec. 2, p. 548; am. 2020, ch. 318, sec. 18, p. 914; am. 2025, ch. 64, sec. 11, p. 309; am. 2026, ch. 279, sec. 6, p. 1172.]
Idaho Code § 39-3129 — Idaho Code / Title 39 / Chapter 31 / Section 39-3129
39-3129 DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CENTERS — DUTIES.
Status: in_force

39-3129. DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CENTERS — DUTIES. The director of the department of health and welfare shall appoint a division administrator to manage the regional behavioral health centers and shall supervise its program; shall prescribe uniform standards of treatment, services and care provided by the regional behavioral health centers; shall set the professional qualifications for staff positions; and make such other policy as are necessary and proper to carry out the purposes and intent of this chapter.

History:

[39-3129, added 2014, ch. 43, sec. 12, p. 110; am. 2026, ch. 25, sec. 10, p. 121.]
Idaho Code § 39-1101 — Idaho Code / Title 39 / Chapter 11 / Section 39-1101
39-1101 POLICY.
Status: in_force

39-1101. Policy. It is hereby declared to be the policy of this state to establish a statewide system for the protection of children in daycare facilities. This system is intended to establish standards, while still leaving primary responsibility for evaluation and selection of daycare services with parents.

History:

[39-1101, added 1987, ch. 56, sec. 1, p. 92; am. 2009, ch. 295, sec. 1, p. 873; am. 2025, ch. 185, sec. 1, p. 862.]
Idaho Code § 39-6307 — Idaho Code / Title 39 / Chapter 63 / Section 39-6307
39-6307 SECURITY.
Status: in_force

39-6307. Security. Whenever a protection order is issued under this chapter, the issuing court may set a security amount for a violation of the order.

History:

[39-6307, added 1988, ch. 341, sec. 1, p. 1015.]
Idaho Code § 39-8703 — Idaho Code / Title 39 / Chapter 87 / Section 39-8703
39-8703 EXEMPTION.
Status: in_force

39-8703. Exemption. Notwithstanding section 39-8702, Idaho Code, civil liability shall not be precluded where the claim of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on:

(1) A material violation of an adulteration or misbranding provision set forth by statute, rule or regulation in Idaho or the United States provided the claimed injury was proximately caused by such violation; or

(2) Any other material violation of federal or state law applicable to manufacturing, marketing, distribution, advertising, labeling or the sale of food, provided such violation is knowing and willful, as defined in section 39-8704, Idaho Code, and provided further that the claimed injury was proximately caused by such violation.

History:

[39-8703, added 2004, ch. 380, sec. 1, p. 1141.]
Idaho Code § 39-3624 — Idaho Code / Title 39 / Chapter 36 / Section 39-3624
39-3624 DECLARATION OF POLICY — DESIGNATION OF DIRECTOR.
Status: in_force

39-3624. Declaration of policy — Designation of director. The legislature, recognizing that water is one of the state's most valuable natural resources, has adopted water quality and public drinking water standards and authorized the director of the department of environmental quality to implement these standards. In order to provide and maintain maximum water quality in the state for domestic, industrial, agricultural (irrigation and stockwatering), mining, manufacturing, electric power generation, municipal, fish culture, artificial ground water recharge, transportation and recreational purposes and to provide safe drinking water to the public at the earliest possible date, and to conform to the expressed intent of congress to abate pollution of ground waters, streams and lakes and to provide safe drinking water to the public, the legislature declares the purpose of this chapter is to enhance and preserve the quality and value of the water resources of the state of Idaho and to assist in the prevention, control, abatement and monitoring of water pollution. In consequence of the benefits resulting to the public health, welfare and economy it is hereby declared to be the policy of the state of Idaho to protect this natural resource and to provide safe drinking water to the public by assisting in monitoring, preventing and controlling water pollution; to support and aid technical and planning research leading to the prevention and control of water pollution; to provide financial and technical assistance to municipalities and other agencies in the abatement and prevention of water pollution; and to provide financial and technical assistance to community water systems and nonprofit noncommunity water systems. The director of the department of environmental quality shall administer this chapter and nothing herein shall be construed as impairing or in any manner affecting the statutory authority or jurisdiction of municipalities in providing domestic water, sewage collection and treatment.

History:

[(39-3624) 1970, ch. 87, sec. 1, p. 211; am. 1974, ch. 23, sec. 153, p. 633; am. 1980, ch. 208, sec. 1, p. 474; am. 1987, ch. 174, sec. 1, p. 343; am. and redesig. 1995, ch. 352, sec. 8, p. 1182; am. 1999, ch. 137, sec. 9, p. 394; am. 2000, ch. 53, sec. 1, p. 103; am. 2001, ch. 103, sec. 35, p. 280.]
Idaho Code § 39-3301 — Idaho Code / Title 39 / Chapter 33 / Section 39-3301
39-3301 LEGISLATIVE INTENT AND DECLARATION.
Status: in_force

39-3301. Legislative intent and declaration. The purpose of a residential care or assisted living facility in Idaho is to provide a humane, safe, and homelike living arrangement for adults who need assistance with activities of daily living and personal care but do not require the care of a nursing facility as defined in section 39-1301, Idaho Code, other than for short exceptional stays meaning a treatment window designed to allow a resident to receive treatment for a short term acute episode as determined by a licensed professional nurse.

The state will encourage the development of facilities tailored to the needs of individual populations that operate in integrated settings.

A residential care or assisted living facility shall be operated and staffed by individuals who have the knowledge and experience required to provide safe and appropriate services to all residents of the facility.

The administrator or manager of the facility shall ensure that an objective, individualized assessment to determine resident needs is conducted, develop a comprehensive negotiated plan of care to meet those needs, deliver appropriate services to meet resident needs, and ensure resident rights are honored.

History:

[39-3301, added 1990, ch. 116, sec. 2, p. 241; am. 1993, ch. 373, sec. 1, p. 1346; am. 2000, ch. 274, sec. 9, p. 809; am. 2005, ch. 280, sec. 3, p. 880; am. 2025, ch. 122, sec. 31, p. 638; am. 2025, ch. 208, sec. 1, p. 934.]
Idaho Code § 39-116A — Idaho Code / Title 39 / Chapter 1 / Section 39-116A
39-116A COMPLIANCE AGREEMENT SCHEDULES.
Status: in_force

39-116A. Compliance agreement schedules. (1) The director is hereby authorized to enter into a compliance agreement schedule with any person. An agreement entered into under this section shall not relieve any person from the obligation to comply with applicable human health and environmental protection statutes and rules, but may include an enforceable schedule for actions necessary for the person to come into or maintain compliance as expeditiously as practicable with such statutes and rules, if the person demonstrates to the satisfaction of the department that such a schedule is appropriate, given the factors listed in subsection (4) of this section. The provisions of this section shall not apply where prohibited by federal or state law.

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

(3) In establishing any compliance agreement schedule, the term of the agreement shall not exceed ten (10) years, although successive agreements may be entered into. Agreements shall provide for annual meetings between the department and the person to reassess whether, considering the factors listed in subsection (4) of this section, the schedule and other terms of the agreement are still appropriate. All agreements must be signed by the director or his designee and an authorized representative on behalf of the person. All agreements are enforceable as orders under the provisions of this chapter.

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

(a) Protection of public health;

(b) Protection of environment;

(c) Ability of the person to pay for costs of compliance;

(d) Current fiscal obligations of the person;

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

History:

[39-116A, added 2003, ch. 317, sec. 1, p. 869.]
Idaho Code § 39-7003 — Idaho Code / Title 39 / Chapter 70 / Section 39-7003
39-7003 SALE OF LEAD ACID BATTERIES — FEE — NOTICE.
Status: in_force

39-7003. Sale of lead acid batteries — Fee — Notice. (1) A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A lead acid battery seller shall post a written notice which is clearly visible in the public sales area of the establishment and which contains the following language:

"It is unlawful to dispose of a motor vehicle battery or other lead acid battery in a landfill or any unauthorized site.

Recycle all used batteries."

The seller is required by law to accept used lead acid batteries. When any new lead acid battery is purchased, an additional fee of ten dollars ($10.00) will be charged unless a used battery is returned for refund within thirty (30) days.

(2) Each person who purchases a new lead acid battery shall be assessed a fee of ten dollars ($10.00) per battery by the seller. A seller shall refund the ten dollar ($10.00) fee to any person who presents a used lead acid battery to the seller with a receipt for the purchase of a new battery from that seller within the thirty (30) day period immediately following the purchase. A seller may keep any lead acid battery fee moneys which are not properly claimed within thirty (30) days after the date of sale.

(3) All lead acid batteries sold after July 1, 1992, shall bear a universally accepted recycling symbol.

(4) An advertisement or other printed promotional material related to the sale of lead acid batteries shall contain the following notice in bold print:

"A fee is imposed on the purchase of each new lead acid battery unless a used battery is returned where applicable."

(5) The provisions of this section do not apply to a person whose sales of batteries are not in the ordinary course of business.

(6) A wholesale seller of lead acid batteries who sells batteries to this state, to a political subdivision of this state or to a private entity which resells the batteries is not subject to the fees in this chapter.

(7) A person or entity who manufactures or sells equipment or vehicles, the final product of which includes a lead acid battery as a component part, is not subject to the fees in this chapter as long as the lead acid battery is attached to and is a component part of said equipment or vehicle.

History:

[39-7003, added 1991, ch. 292, sec. 1, p. 753; am. 2009, ch. 172, sec. 1, p. 550.]
Idaho Code § 39-5211 — Idaho Code / Title 39 / Chapter 52 / Section 39-5211
39-5211 QUALIFICATIONS OF APPLICANTS.
Status: in_force

39-5211. Qualifications of applicants. To qualify for domestic violence grants under the provisions of this chapter, an applicant must:

(1) Propose to operate and provide an eligible project;

(2) Be a private, nonprofit corporation of the state of Idaho, or a public entity of the state of Idaho;

(3) Provide matching moneys equal to twenty-five percent (25%) of the amount of the grant. The applicant may contribute to or provide the required local matching funds. The value of in-kind contributions and volunteer labor from the community may be computed and included as part of the local matching requirement;

(4) Require persons employed by or volunteering services to the project to maintain the confidentiality of any information that would identify individuals served by the project; such information identifying individuals served by the project shall be subject to disclosure according to chapter 1, title 74, Idaho Code;

(5) Require victims to reimburse the project monetarily or through volunteer efforts for services provided as they are able to do so. Minimum reimbursement may be established by the council, with a sliding scale of reimbursement based on the victim's ability to pay;

(6) Provide a policy of nondiscrimination in its admissions and provision of services on the basis of race, religion, gender, color, age, marital status, national origin or ancestry.

History:

[39-5211, added 1982, ch. 181, sec. 1, p. 472; am. 1990, ch. 213, sec. 45, p. 518; am. 2000, ch. 343, sec. 8, p. 1164; am. 2015, ch. 141, sec. 94, p. 447.]
Idaho Code § 39-9104 — Idaho Code / Title 39 / Chapter 91 / Section 39-9104
39-9104 GOVERNANCE OF BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS.
Status: in_force

39-9104. GOVERNANCE of BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERs. (1) Crisis centers shall be directed by a board of directors. The board of directors shall guide the organization, implementation and operation of the crisis center.

(2) The board shall consist of no fewer than five (5) members and shall include, at a minimum, a local behavioral health consumer, a physician, law enforcement and a county commissioner from within the region.

(3) If the organization contracted for operation of the crisis centers is already governed by a board of directors, the board shall establish an advisory committee to advise it on the organization, implementation and operation of the crisis center.

(4) If the organization contracted for operation of the crisis center develops an advisory committee, the committee shall have no fewer than five (5) members and shall include a local behavioral health consumer, a physician, law enforcement and a county commissioner from within the region.

(5) The term of board or advisory committee membership, appointment authority for members and organizational structures shall be guided by bylaws, articles of incorporation or other policy directives established by the entity operating the facility.

(6) The department, as the state behavioral health authority established by section 39-3123, Idaho Code, shall oversee the crisis centers to ensure compliance with the intent of this chapter, application of the model, associated administrative rules and patient safety. The department shall be authorized to perform annual audits of crisis centers as necessary to fulfill its oversight responsibility.

History:

[39-9104, added 2014, ch. 131, sec. 1, p. 366.]
Idaho Code § 39-4702 — Idaho Code / Title 39 / Chapter 47 / Section 39-4702
39-4702 LEGISLATIVE INTENT.
Status: in_force

39-4702. LEGISLATIVE INTENT. It is the intent of the Legislature to establish a yellow dot program to assist:

(1) Drivers and passengers who participate in the program;

(2) Emergency medical responders in reporting critical medical information in the event of a motor vehicle accident or a medical emergency involving a participant's vehicle; and

(3) Peace officers, or other law enforcement personnel, in becoming aware of a motorist's or passenger's critical medical information that may affect the officer's encounter with the motorist or passenger during a traffic stop or welfare check.

History:

[39-4702, added 2020, ch. 283, sec. 1, p. 824.]
Idaho Code § 39-7210 — Idaho Code / Title 39 / Chapter 72 / Section 39-7210
39-7210 RULES.
Status: in_force

39-7210. Rules. Within one (1) year after the effective date of this section, the board shall, through negotiated rulemaking, adopt rules to carry out the purposes of this provision consistent with federal and state law which shall provide for the following:

(1) The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal and state standards and are consistent with 42 U.S.C. 9621, taking into consideration scientific information regarding the following:

(a) protection of public health and the environment,

(b) the future industrial, commercial, residential, or other use of the site to be remediated and of surrounding properties,

(c) the availability of institutional or engineering controls that are protective of public health and the environment, including deed restrictions, and

(d) natural background levels for hazardous constituents;

(2) The establishment of administrative procedures that minimize delay and expense of the remediation, processing submissions and overseeing remediation;

(3) The issuance of certificates of completion once the voluntary remediation work plans is implemented;

(4) Consistent with applicable local, state and federal law, guidelines to assist in the issuance of any permits required to initiate and complete a voluntary remediation work plan;

(5) Collection and payment of fees to defray the actual reasonable costs of the voluntary remediation program.

(6) Lender liability consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended.

History:

[39-7210, added 1996, ch. 252, sec. 1, p. 801.]
Idaho Code § 39-5401 — Idaho Code / Title 39 / Chapter 54 / Section 39-5401
39-5401 DEFINITIONS.
Status: in_force

39-5401. Definitions. As used in this act:

(1) "Artificial insemination" means introduction of semen of a donor as defined herein, into a woman's vagina, cervical canal or uterus through the use of instruments or other artificial means.

(2) "Donor" refers to a man who is not the husband of the woman upon whom the artificial insemination is performed.

History:

[39-5401, added 1982, ch. 349, sec. 1, p. 864.]
Idaho Code § 39-1324 — Idaho Code / Title 39 / Chapter 13 / Section 39-1324
39-1324 ELECTION — MANNER OF CONDUCTING.
Status: in_force

39-1324. Election — Manner of conducting. Such election shall be held and conducted in accordance with the general election laws of the state, including the provisions of chapter 14, title 34, Idaho Code.

The board of county commissioners shall establish as many election precincts within such proposed district as may be necessary, and define the boundaries thereof. The county clerk shall appoint judges of election, one (1) of whom shall act as clerk for each such election precinct who shall perform the same duties as judges of election under the general laws of the state, and the result of such election shall be certified, canvassed and declared by the board of county commissioners. The reasonable compensation of said judges and clerks of election, and the expenses of publication of notices, printing of ballots and furnishing of supplies for the election shall be paid by the petitioners, and to this end the board of county commissioners are empowered to require the deposit of all estimated costs in advance of such election.

History:

[39-1324, added 1965, ch. 173, sec. 7, p. 340; am. 1995, ch. 118, sec. 49, p. 468; am. 2009, ch. 341, sec. 65, p. 1035.]
Idaho Code § 39-3556 — Idaho Code / Title 39 / Chapter 35 / Section 39-3556
39-3556 COMPLAINTS.
Status: in_force

39-3556. Complaints. (1) A person who believes that any provision of this chapter, or rule promulgated under this chapter, has been violated may file a complaint with the department. Records and information that identify a complainant are exempt from disclosure as set forth in section 74-105(16), Idaho Code.

(2) The certifying agent shall investigate any complaint alleging a violation of this chapter or the rules promulgated pursuant to this chapter. The certifying agent has the discretion to decide the activities of investigation while considering the nature of each allegation and arriving at a conclusion informed by a thorough and objective exploration of the known evidence.

History:

[39-3556, added 2024, ch. 63, sec. 42, p. 327.]
Idaho Code § 39-9507 — Idaho Code / Title 39 / Chapter 95 / Section 39-9507
39-9507 CONSTRUCTION.
Status: in_force

39-9507. construction. (1) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.

(2) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.

History:

[39-9507, added 2018, ch. 225, sec. 1, p. 513.]
Idaho Code § 39-8804 — Idaho Code / Title 39 / Chapter 88 / Section 39-8804
39-8804 PROGRAM SCOPE.
Status: in_force

39-8804. Program scope. The requirements of this chapter and rules promulgated pursuant to this chapter, shall apply to underground storage tank systems in the state of Idaho, owners and operators of underground storage tank systems in the state of Idaho, persons who install or inspect installations of underground storage tank systems in the state of Idaho, persons who manufacture any regulated component of an underground storage tank system installed in the state of Idaho, and persons who deliver fuel to a regulated underground storage tank system in the state of Idaho.

History:

[39-8804, added 2007, ch. 29, sec. 1, p. 58.]
Idaho Code § 39-3125 — Idaho Code / Title 39 / Chapter 31 / Section 39-3125
39-3125 STATE BEHAVIORAL HEALTH PLANNING COUNCIL.
Status: in_force

39-3125. State behavioral health planning council. (1) A state behavioral health planning council, hereinafter referred to as the planning council, shall be established to serve as an advocate for children and adults with behavioral health disorders; to advise the state behavioral health authority on issues of concern, on policies and on programs and to provide guidance to the state behavioral health authority in the development and implementation of the state behavioral health systems plan; to monitor and evaluate the allocation and adequacy of behavioral health services within the state on an ongoing basis; to monitor and evaluate the effectiveness of state laws that address behavioral health services; to ensure that individuals with behavioral health disorders have access to prevention, treatment and rehabilitation services; to serve as a vehicle for policy and program development; and to present to the governor, the judiciary and the legislature by June 30 of each year a report on the council's activities and an evaluation of the current effectiveness of the behavioral health services provided directly or indirectly by the state to adults and children. The planning council shall establish readiness and performance criteria for the regional boards to accept and maintain responsibility for family support and recovery support services. The planning council shall evaluate regional board adherence to the readiness criteria and make a determination if the regional board has demonstrated readiness to accept responsibility over the family support and recovery support services for the region.

(2) The planning council shall be appointed by the governor and be comprised of no more than fifty percent (50%) state employees or providers of behavioral health services. Membership shall also reflect to the extent possible the collective demographic characteristics of Idaho's citizens. The planning council membership shall include representation from consumers; families of adults with serious mental illness or substance use disorders; behavioral health advocates; prevention specialists; principal state agencies and the judicial branch with respect to behavioral health, education, vocational rehabilitation, adult correction, juvenile justice and law enforcement, title XIX of the social security act and other entitlement programs; and public and private entities concerned with the need, planning, operation, funding and use of mental health services or substance use disorders, and related support services. The planning council may include members of the legislature.

(3) The planning council members will serve a term of two (2) years or at the pleasure of the governor, provided however, that of the members first appointed, one-half (1/2) of the appointments shall be for a term of one (1) year and one-half (1/2) of the appointments shall be for a term of two (2) years. The governor will appoint a chair and a vice-chair whose terms will be two (2) years.

(4) The council may establish subcommittees at its discretion.

History:

[39-3125, added 2006, ch. 277, sec. 3, p. 849; am. 2014, ch. 43, sec. 7, p. 109; am. 2018, ch. 34, sec. 2, p. 65; am. 2026, ch. 25, sec. 8, p. 120.]
Idaho Code § 39-2812 — Idaho Code / Title 39 / Chapter 28 / Section 39-2812
39-2812 PESTS — PUBLIC HEALTH AND WELFARE — DISASTERS — EMERGENCIES — INTERIM ABATEMENT DISTRICTS.
Status: in_force

39-2812. Pests — Public health and welfare — Disasters — Emergencies — Interim abatement districts. (1) To provide for the timely response to an elevated or anticipated pest population that may constitute a risk to public health and welfare, the board of county commissioners of each county of this state, in collaboration with duly recognized local and state officials, and after a public hearing is called for such purpose as a special meeting pursuant to the provisions of section 74-204(2), Idaho Code, is hereby granted full power and authority to declare such pests as public health and welfare pests, and to initiate activities to hinder in the potential spread of disease, or adverse economic impact, caused by these pests by taking appropriate steps to intervene in the natural biological cycle of the pests or disease.

(2) Boards of county commissioners are further authorized and empowered, in the event of a disaster or emergency declared by such boards, to make direct appropriations for the purpose of controlling public health and welfare pests as declared pursuant to this section. All moneys raised by direct appropriation shall be placed in a county public health and welfare pest fund, which shall be used exclusively for the control of pests of public health and welfare significance and for payment of all necessary expenses incurred in such control program. In addition, the county may impose an annual property tax assessment pursuant to section 39-2805, Idaho Code, and in accordance with the provisions of sections 63-802 and 63-803, Idaho Code, for the term of the disaster or emergency or until all expenses incurred during the disaster or emergency have been recovered. Such fund shall be a revolving fund and all moneys returned to the fund under any of the provisions of this chapter shall continue to be available for the operation of the control program.

(3) The disaster or emergency declaration of a pest of public health and welfare significance within a county and subsequent pest management activity shall, except as provided herein, place the whole county into an interim abatement district for administrative purposes for no more than two (2) years. The transition of an interim abatement district into a formally defined abatement district, shall be brought to a vote of the electorate within twenty-four (24) months of the declaration, subject to the notification and establishment requirements provided in this chapter and conducted during a general election held on the first Tuesday following the first Monday in November of even numbered years, and if passed, the district shall be recognized and the provisions of this chapter shall be implemented. If the measure fails, the balance of revolving fund moneys shall be distributed as required by state law. In the event the disaster or emergency exceeds the county's capacity or resources, provisions should be made to request state or federal disaster or emergency funds to address the evolving situation. If the interim abatement district provides the same service as an existing abatement district, the interim abatement district shall exclude any area within an existing abatement district.

History:

[39-2812, added 2007, ch. 188, sec. 10, p. 552; am. 2015, ch. 141, sec. 89, p. 444.]
Idaho Code § 39-8010 — Idaho Code / Title 39 / Chapter 80 / Section 39-8010
39-8010 APPEAL TO BUILDING CODE BOARD.
Status: in_force

39-8010. Appeal to building code board. (1) The Idaho building code board shall, within ten (10) days after receipt of notice for an appeal, hear such appeal brought before it by a school district affected by any finding pursuant to this chapter that there exists in a school building a violation of the uniform school building safety code, provided however, that an appeal brought pursuant to this section shall not affect the ability of the administrator to obtain an injunction pursuant to section 39-8009, Idaho Code. Such hearing shall be governed by the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board, other than code interpretations, are subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code.

(2) The board shall provide reasonable interpretations of the codes enumerated in this chapter.

(3) Within ten (10) days of the conclusion of the hearing, the board shall render its findings and decisions in writing to the state superintendent of public instruction, the administrator of the division of occupational and professional licenses and the appealing district.

History:

[39-8010, added 2000, ch. 352, sec. 1, p. 1185; am. 2010, ch. 166, sec. 4, p. 343; am. 2023, ch. 15, sec. 19, p. 86.]
Idaho Code § 39-107B — Idaho Code / Title 39 / Chapter 1 / Section 39-107B
39-107B DEPARTMENT OF ENVIRONMENTAL QUALITY FUND.
Status: in_force

39-107B. Department of environmental quality fund. (1) There is hereby created a fund in the state treasury to be known as the department of environmental quality fund and all moneys deposited therein shall be available to be appropriated to the department of environmental quality for purposes for which the department was established.

(2) All federal grants, fees for services, permitting fees, other program income and transfers from other funds subject to administration by the director of the department of environmental quality shall be placed in the fund provided that the statewide accounting and reporting system must provide for identification of the balance of each funding source within the fund.

(3) The state controller shall make transfers to the fund from the general fund and any other funds appropriated to the department of environmental quality as requested by the director of the department and approved by the board of examiners.

History:

[39-107B, added 2000, ch. 132, sec. 12, p. 328.]
Idaho Code § 39-1305 — Idaho Code / Title 39 / Chapter 13 / Section 39-1305
39-1305 INSPECTIONS.
Status: in_force

39-1305. Inspections. The department shall make or cause to be made such inspections and investigations as it deems necessary. Any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, submit plans and specifications to the department for inspection and approval or recommendations with respect to compliance with the regulations and standards authorized pursuant to sections 39-1301 through 39-1309, Idaho Code. The department recognizes the most recent edition of the facility guideline institute (FGI), guidelines for design and construction.

History:

[(39-1305) 39-1309, added 1947, ch. 133, sec. 9, p. 324; am. and redesig. 2025, ch. 122, sec. 24, p. 635.]
Idaho Code § 39-3509 — Idaho Code / Title 39 / Chapter 35 / Section 39-3509
39-3509 PLAN OF SERVICE.
Status: in_force

39-3509. plan of service. (1) The care provider shall ensure the resident or resident representative participates in the development of a written negotiated plan of service that provides for coordination of services and for guidance to the care provider in delivering services to the resident. Upon completion, the plan of service shall clearly identify the resident and describe the services to be provided to the resident and how such services are to be delivered.

(a) The plan of service shall be based on at least the following:

(i) The resident's desires, to the greatest extent reasonably possible;

(ii) The resident's assessment;

(iii) Information from the resident's health care professionals, including current orders and the results of the resident's most recent history and physical examination;

(iv) The resident's supportive services; and

(v) The resident's needs in the following areas:

1. Supervision;

2. Assistance with activities of daily living and instrumental activities of daily living;

3. Assistance with medications; and

4. Behavior management.

(b) The plan of service shall include:

(i) Identification of each care need;

(ii) A care plan for each need, describing how the care provider is to deliver service; and

(iii) Frequency of delivery for each service.

(2) The plan of service shall be completed shortly after the resident's admission into the certified family home. The plan of service shall be reviewed and, if necessary, updated on an annual basis or upon any significant change in the resident's condition, whichever occurs first.

(3) Upon initial completion and any subsequent update, the care provider and the resident or resident representative shall sign and date the plan of service.

History:

[39-3509, added 2024, ch. 63, sec. 15, p. 319.]
Idaho Code § 39-301 — Idaho Code / Title 39 / Chapter 3 / Section 39-301
39-301 DECLARATION OF POLICY.
Status: in_force

39-301. Declaration of policy. It is the policy of this state that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs but rather should be afforded treatment in order that they may lead normal lives as productive members of society.

The legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken by state government to effectively and economically utilize federal and state funds for alcoholism and drug addiction research, and the prevention and for the treatment and rehabilitation of alcoholics or drug addicts. To achieve this, it is necessary that existing fragmented, uncoordinated and duplicative alcoholism and drug treatment programs be merged into a comprehensive and integrated system for the prevention, treatment and rehabilitation of alcoholics.

The legislature continues to recognize the need for criminal sanctions for those who violate the provisions of the uniform controlled substances act.

History:

[I.C., sec. 39-301, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1976, ch. 98, sec. 1, p. 416; am. 1987, ch. 289, sec. 1, p. 610.]
Idaho Code § 39-306B — Idaho Code / Title 39 / Chapter 3 / Section 39-306B
39-306B RESIDENTIAL TREATMENT SERVICES.
Status: in_force

39-306B. residential treatment services. Any contractor with the department providing residential treatment services under this chapter must be nationally accredited by the commission on accreditation of rehabilitation facilities and have an ASAM level of care certification, which verifies the program's capacity to deliver services consistent with level III ASAM standards of care.

History:

[39-306B, added 2025, ch. 178, sec. 10, p. 846.]
Idaho Code § 39-4709 — Idaho Code / Title 39 / Chapter 47 / Section 39-4709
39-4709 LIABILITY.
Status: in_force

39-4709. LIABILITY. Except for wanton or willful conduct, no emergency medical responder or other responder, nor any employer of an emergency medical responder or other responder, shall incur any liability if the emergency medical responder or other responder is unable to make contact, in good faith, with an emergency contact person or disseminates or fails to disseminate any information from the yellow dot folder to other emergency medical responders, hospitals, or any health care providers who render emergency medical treatment to the participant. No health care provider or employer of a health care provider shall incur any civil or criminal liability if the provider relies in good faith on the information provided through the yellow dot program.

History:

[39-4709, added 2020, ch. 283, sec. 1, p. 826.]
Idaho Code § 39-3628 — Idaho Code / Title 39 / Chapter 36 / Section 39-3628
39-3628 WATER POLLUTION CONTROL FUND ESTABLISHED.
Status: in_force

39-3628. Water pollution control fund established. There is hereby created and established in the state treasury a separate fund to be known as the water pollution control fund. The fund shall have paid into it:

1. The moneys provided for in section 63-3638, Idaho Code, that are paid over to the state treasurer shall be deposited to the credit of the water pollution control fund, and not to the credit of the state general fund;

2. All donations and grants from any source which may be used for the provisions of this act;

3. Any other funds which may hereafter be provided by law.

History:

[(39-3628) 1970, ch. 87, sec. 5, p. 211; am. 1987, ch. 174, sec. 4, p. 346; am. 1988, ch. 270, sec. 3, p. 899; am. and redesig. 1995, ch. 352, sec. 12, p. 1187; am. 2000, ch. 132, sec. 14, p. 329.]
Idaho Code § 39-7104 — Idaho Code / Title 39 / Chapter 71 / Section 39-7104
39-7104 MILITARY DIVISION — POWERS AND DUTIES.
Status: in_force

39-7104. Military division — Powers and duties. (1) The military division through the Idaho office of emergency management shall implement the provisions of this chapter and direct the activities of its staff and, in so doing, the military division may:

(a) Through the office, in accordance with the laws of the state, hire, fix the compensation, and prescribe the powers and duties of such other individuals, including consultants, emergency teams and committees, as may be necessary to carry out the provisions of this chapter.

(b) Create and implement state emergency response teams that have appropriately trained personnel and necessary equipment to respond to hazardous substance incidents. The military division shall enter into a written agreement with each entity or person providing equipment or services to a designated emergency response team. The teams shall be available and may respond to hazardous substance incidents at the direction of the military division or its designee or local incident commander.

(c) Contract with persons to meet state emergency response needs for the teams and response authorities.

(d) Advise, consult and cooperate with agencies of the state and federal government, other states and their state agencies, cities, counties, tribal governments and other persons concerned with emergency response and matters relating to and arising out of hazardous substance incidents.

(e) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations for and with state emergency response teams, local emergency response authorities and other interested persons.

(f) Collect and disseminate information relating to emergency response to hazardous substance incidents.

(g) Accept and administer loans, grants, or other funds or gifts, conditional or otherwise, made to the state for emergency response activities provided for in this chapter.

(h) Submit an annual report prior to February 1 to the governor and to the legislature concerning emergency response to hazardous substance incidents.

(i) Prepare, coordinate, implement and update a statewide hazardous materials incident command and response plan that coordinates state and local emergency response authorities to respond to hazardous substance incidents within the state for approval by the legislature. The plan shall address radiation, explosive and weapons of mass destruction incidents. The Idaho hazardous materials incident command and response plan shall be consistent with and a part of the Idaho state disaster plan provided in section 46-1006, Idaho Code, after legislative approval.

(2) The military division shall have the powers and duties of a state emergency response commission under the federal emergency planning and community right-to-know act, 42 U.S.C. section 11001 et seq.

(3) The military division may promulgate rules and procedures to govern reimbursement of claims pursuant to this chapter.

(4) All state agencies and institutions will cooperate and provide staff assistance to the military division in carrying out its duties under this chapter.

History:

[39-7104, added 1991, ch. 242, sec. 1, p. 585; am. 1997, ch. 121, sec. 2, p. 358; am. 1998, ch. 99, sec. 1, p. 347; am. 2004, ch. 58, sec. 2, p. 270; am. 2009, ch. 281, sec. 3, p. 846; am. 2016, ch. 118, sec. 4, p. 333.]
Idaho Code § 39-3627 — Idaho Code / Title 39 / Chapter 36 / Section 39-3627
39-3627 PAYMENTS BY STATE BOARD OF ENVIRONMENTAL QUALITY — CONTRACTS WITH MUNICIPALITIES AND COMMUNITY AND NONPROFIT NONCOMMUNITY PUBLIC WATER SYSTEMS — RULES — APPROVAL OF ATTORNEY GENERAL — AUDIT OF PAYMENTS.
Status: in_force

39-3627. Payments by state board of environmental quality — Contracts with municipalities and community and nonprofit noncommunity public water systems — Rules — Approval of attorney general — Audit of payments. (1) The Idaho board of environmental quality may make payments not to exceed ninety percent (90%) of the estimated reasonable cost of an eligible construction project funded by a grant. Payments may be made which are equal to one hundred percent (100%) of the estimated reasonable cost of an eligible construction project funded by a loan.

(2) The Idaho board of environmental quality may, in the name of the state of Idaho, enter into contracts with municipalities and community and nonprofit noncommunity public water systems and any such municipality and community and nonprofit noncommunity public water system may enter into a contract with the Idaho board of environmental quality, concerning eligible construction projects. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions:

(a) An estimate of the reasonable cost of the project as determined by the Idaho board of environmental quality.

(b) An agreement by the municipality or community and nonprofit noncommunity public drinking water system, binding for the actual service life of the sewage treatment works or the actual service life of the community and nonprofit noncommunity public drinking water system:

(i) To proceed expeditiously with, and complete, the project in accordance with plans approved pursuant to section 39-118, Idaho Code.

(ii) To commence operation of the sewage treatment works or community and nonprofit noncommunity public drinking water system on completion of the project, and not to discontinue operation or dispose of the sewage treatment works or community and nonprofit noncommunity public drinking water system without the approval of the board of environmental quality.

(iii) To operate and maintain the sewage treatment works or community and nonprofit noncommunity public drinking water system in accordance with applicable provisions and rules of the board.

(iv) To make available on an equitable basis the services of the sewage treatment works or community and nonprofit noncommunity public drinking water system to the residents and commercial and industrial establishments of areas it was designed to serve.

(v) To provide for the payment of the municipality's share or the community and nonprofit noncommunity public drinking water system's share of the cost of the project when the project is built using grant funds.

(vi) To develop and to secure the approval of the department of plans for the operation and maintenance of the sewage treatment works or community and nonprofit noncommunity public drinking water system; and of plans and programs for the recovery of the capital costs and operating expenses of the works or system.

(vii) To allow the board to make loans of up to one hundred percent (100%) and supplemental grants based upon financial capability to a municipality for the estimated reasonable cost of an eligible project, which may include treatment of nondomestic wastewater.

(viii) To provide for the accumulation of funds through the use of taxing powers, through charges made for services, through revenue bonds, or otherwise, for the purposes of: (1) capital replacement, (2) future improvement, betterment, and extension of such works occasioned by increased wastewater loadings on the works, and (3) establishing a fund dedicated solely to repayment of principal and interest of loans made subsequent to this chapter.

(ix) To commence annual principal and interest payments not later than one (1) year from the date construction is completed and to provide for full amortization of loans not later than thirty (30) years from the date project construction is completed.

(c) The terms under which the Idaho board of environmental quality may unilaterally terminate the contract and/or seek repayment from the municipality or community and nonprofit noncommunity public drinking water system of sums already paid pursuant to the contract for noncompliance by the municipality with the terms and conditions of the contract and the provisions of this chapter.

(3) The board of environmental quality may, in the name of the state of Idaho, enter into loan contracts with applicants for the implementation of nonpoint source pollution control programs. To be eligible for a loan the project proposed by an applicant must be consistent with the state nonpoint source management plan. Up to twenty percent (20%) of the total state revolving loan fund may be used for nonpoint source pollution control projects which demonstrate a benefit/nexus to a municipality.

(4) The board may adopt rules necessary for the making and enforcing of contracts hereunder and establishing procedures to be followed in applying for state construction grants or loans or training grants herein authorized as shall be necessary for the effective administration of the grants and loans program.

(5) All contracts entered into pursuant to this section shall be subject to approval by the attorney general as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant as provided by law on vouchers approved by the director.

History:

[(39-3627) 1970, ch. 87, sec. 4, p. 211; am. 1974, ch. 23, sec. 156, p. 725; am. 1974, ch. 80, sec. 3, p. 1167; am. 1977, ch. 176, sec. 3, p. 454; am. 1980, ch. 208, sec. 4, p. 476; am. 1980, ch. 280, sec. 3, p. 728; am. 1987, ch. 174, sec. 3, p. 344; am. 1988, ch. 270, sec. 2, p. 897; am. and redesig. 1995, ch. 352, sec. 11, p. 1185; am. 1999, ch. 137, sec. 12, p. 396; am. 2000, ch. 53, sec. 4, p. 106; am. 2000, ch. 363, sec. 2, p. 1201; am. 2001, ch. 103, sec. 38, p. 283; am. 2010, ch. 25, sec. 1, p. 44; am. 2011, ch. 44, sec. 1, p. 100.]
Idaho Code § 39-4803 — Idaho Code / Title 39 / Chapter 48 / Section 39-4803
39-4803 IMMUNIZATION REGISTRY.
Status: in_force

39-4803. Immunization registry. (1) The department of health and welfare shall provide for the establishment of a voluntary registry of the immunization status of Idaho children against childhood diseases. The registry shall be maintained and its data disclosed as set out herein to further the following purposes:

(a) To make immunizations readily available to every Idaho citizen that desires to have their child immunized;

(b) To increase the voluntary immunization rate in Idaho to the maximum extent possible without mandating such immunizations;

(c) To recognize and respect the rights of parents and guardians to make health care decisions for their children; and

(d) To provide for timely reminders to parents of children in the registry.

(2) The name of a child and information relating to the immunization status of that child shall be collected and included in the registry unless a parent, guardian or other person legally responsible for the care of the child chooses not to have the child included in the registry upon a specified written statement. Such statement may not be part of a general authorization or release. The registry shall contain the following information for each child:

(a) The child's name, address and birth date;

(b) The name and address of each parent of the child;

(c) The month, day, year and type of each immunization that has been administered to the child;

(d) The name, address and phone number of each provider that has administered an immunization to the child;

(e) If requested by a parent or guardian, any statement made pursuant to subsection (4) of this section; and

(f) Other information as authorized or requested by a parent or guardian.

(3) The department of health and welfare shall only disclose information relating to an individual child in the registry to the following upon a specific request:

(a) Employees of the health district in which the child resides or seeks medical services;

(b) Health records staff of the school or school district in which the child is enrolled;

(c) The operator of a licensed daycare facility in which the child is enrolled;

(d) Persons who are legally responsible for the long-term care of the child, including operators of licensed ICF/ID's and residential or assisted living facilities, adoptive and foster parents and a guardian appointed pursuant to chapter 5, title 15, Idaho Code;

(e) Any health care provider rendering treatment to the child, and the provider's agents;

(f) Any person possessing a lawful release, properly executed by the child's parent or guardian;

(g) A parent of the child;

(h) Any hospital where the child is receiving care; or

(i) The Idaho health data exchange.

(4) A parent or guardian of the child shall have free and open access to all information in the registry that relates to their child or themselves. Upon the written request of a parent or guardian, the department of health and welfare shall:

(a) Cause all information relating to the child to be removed from the registry;

(b) Include in the registry the statement of a physician or parent pursuant to section 39-4801(5) or 39-1118(2), Idaho Code.

(5) All information contained in the registry or disclosed from it is confidential and may not be sold and may only be disclosed as specifically authorized in this section. A person or entity to whom information is disclosed from the registry may not thereafter disclose it to others except in accordance with state and federal laws applicable to the use of protected health information. Any person who discloses or authorizes disclosure of any information contained in the registry, except as authorized in this section, is guilty of a misdemeanor and is liable for civil damages in the amount of one hundred dollars ($100) for each violation.

History:

[39-4803, added 1999, ch. 347, sec. 1, p. 927; am. 2000, ch. 274, sec. 118, p. 855; am. 2010, ch. 235, sec. 28, p. 566; am. 2010, ch. 336, sec. 1, p. 889; am. 2015, ch. 253, sec. 1, p. 1057; am. 2025, ch. 174, sec. 4, p. 822.]
Idaho Code § 39-3909 — Idaho Code / Title 39 / Chapter 39 / Section 39-3909
39-3909 CRITERIA.
Status: in_force

39-3909. Criteria. (1) The court may grant an order authorizing a specific sterilization procedure if the court finds by clear and convincing evidence that the person subject to this chapter is functionally capable of giving and withholding informed assent to the proposed sterilization and has given informed assent to the proposed sterilization, or that the person is functionally incapable of giving or withholding informed assent but sterilization is in the best interest of the person.

(2) The person subject to this chapter assents to sterilization if the person manifests an uncoerced willingness to undergo sterilization after being fully informed of the nature, risks, consequences and alternatives to the procedure. A person who lacks the capacity to manifest an uncoerced willingness or unwillingness to sterilization cannot assent to the procedure. To determine whether the person is capable of giving informed assent, the court shall consider whether the person understands and appreciates:

(a) The causal relationship between sexual intercourse and pregnancy or parenthood;

(b) The causal relationship between sterilization and the impossibility of pregnancy or parenthood;

(c) The nature of the sterilization operation including the pain, discomfort and risks of the procedure;

(d) The probable permanency and irreversibility of the sterilization procedure;

(e) All medically approved alternatives to sterilization;

(f) The consequences of initiation of pregnancy or becoming pregnant, mothering or fathering a child, and becoming a parent; and

(g) The power to change one's mind about being sterilized at any time before the procedure is performed.

To assure the adequacy of the person's informed assent, evidence shall be presented showing that the person received appropriate counseling from the physician who will perform the sterilization and at least one (1) other qualified independent counselor such as a social worker with a master's degree, a clinical nurse specialist, or a licensed psychologist or psychiatrist. The counseling shall cover the benefits or advantages to sterilization and conversely the losses and disadvantages of sterilization including the feelings, values and lifestyle changes attendant with sterilization.

Witnesses who attest in court as to the soundness of informed assent shall comment on and assess the person's understanding of each issue and shall comment on and assess the degree to which the person expresses an uncoerced willingness to accept each risk and consequence. Any reservations or resistance expressed or otherwise evidenced by the person shall be disclosed to the court.

(3) The persons subject to this chapter may be sterilized if the court finds by clear and convincing evidence that:

(a) The person is functionally incapable of giving or withholding informed assent and that the incapacity is not likely to change in the foreseeable future; and

(b) Sterilization is in the best interest of the person.

(4) To determine whether sterilization is in the best interest of the person subject to this chapter the court shall find by clear and convincing evidence that:

(a) The person is likely to be fertile. Fertility may be conclusively presumed if the medical evidence indicates normal development of the sexual organs, and the evidence does not otherwise raise doubts about fertility;

(b) There is a likelihood that the person will engage in sexual intercourse;

(c) The nature and extent of the person's disability, as determined by empirical evidence and not solely the basis of standardized tests, renders him or her permanently incapable of caring for a child, even with reasonable assistance;

(d) The person will suffer severe physical or psychological harm if he or she were to parent a child, which may include any harm occurring from the removal of the child from the person's custody;

(e) The person will not suffer severe physical or psychological harm from the sterilization;

(f) Less restrictive alternatives to sterilization, both at the present time and under foreseeable future circumstances, are not feasible or medically advisable;

(g) The proposed method of sterilization entails the least invasion of the body of the individual; and

(h) Scientific or medical advances will not occur within the foreseeable future which will materially make possible the improvement of the person's condition with respect to sterilization.

History:

[39-3909, added 2003, ch. 189, sec. 2, p. 514.]
Idaho Code § 39-1808 — Idaho Code / Title 39 / Chapter 18 / Section 39-1808
39-1808 DISPOSITION OF UNCLAIMED PROPERTY.
Status: in_force

39-1808. Disposition of unclaimed property. When any baggage or other personal property is received by a hotel and left unclaimed, or left unclaimed by a guest in a hotel, the hotelkeeper may hold and store the same, until all just and reasonable storage and other charges are paid, and if no guest calls for his baggage or other personal property left in a hotel for a period of sixty (60) days or more, the hotelkeeper may sell such property at public auction to the highest bidder, having given fifteen (15) days prior notice, by registered mail, of the time and place of such sale to such guest at the address given by the guest on the hotel register, and by posting notice of such sale as provided by law upon execution. If any surplus be left after paying storage, freight, cost of advertising, and other reasonable charges, the same must be paid to the owner of such property, when known, at any time thereafter, upon demand being made therefor within thirty (30) days after the sale.

History:

[39-1808, added 1991, ch. 296, sec. 2, p. 782.]
Idaho Code § 39-5702 — Idaho Code / Title 39 / Chapter 57 / Section 39-5702
39-5702 DEFINITIONS.
Status: in_force

39-5702. Definitions. The terms used in this chapter are defined as follows:

(1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities.

(2) "Cigar-related products" means products intended for use with cigars, including but not limited to humidors, cutters, lighters, and natural tobacco leaves or wraps used for the manual rolling of cigars.

(3) "Delivery sale" means to distribute tobacco products or electronic smoking devices to a consumer in a state where either:

(a) The individual submits the order for such sale by means of a telephonic or other method of voice transmission, data transfer via computer networks, including the internet and other online services, or facsimile, or the mails; or

(b) The tobacco products or electronic smoking devices are delivered by use of the mails or a delivery service.

(4) "Delivery service" means any person who is engaged in the commercial delivery of letters, packages or other containers.

(5) "Department" means the state department of health and welfare or its duly authorized representative.

(6) "Designated cigar garden" means a temporary, outdoor, physically enclosed, or roped-off area at a public or private event that is strictly restricted to persons twenty-one (21) years of age or older.

(7) "Distribute" means to give, deliver, sell, offer to give, offer to deliver, offer to sell or cause any person to do the same or hire any person to do the same.

(8) "Location" means the street address where tobacco or electronic smoking device products are sold or the uniform resource locator for retailers who sell tobacco or electronic smoking products exclusively via the internet.

(9) "Minor" means a person under twenty-one (21) years of age.

(10) "Minor-exempt permit" means a permittee location whose revenues from the sale of alcoholic beverages for on-site consumption comprises at least fifty-five percent (55%) of total revenues, or whose products and services are primarily obscene, pornographic, profane, or sexually oriented, is exempt from inspections assisted by a minor, if minors are not allowed in the location and such prohibition is posted clearly on all entrance doors.

(11) "Mobile cigar retailer" means a business permitted under this chapter that exclusively sells or distributes cigars and cigar-related products from a non-fixed, mobile unit, including but not limited to a motor vehicle or trailer.

(12) "Permit" means a permit issued by the department for the sale or distribution of tobacco products or electronic smoking devices.

(13) "Permit endorsement" means a sale or delivery method used by the permittee to sell tobacco or electronic smoking device products, including delivery sales, delivery service, and direct sales.

(14) "Permittee" means the holder of a valid permit for the sale or distribution of tobacco products or electronic smoking devices.

(15) "Photographic identification" means state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.

(16) "Random, unannounced inspection" means an inspection of retail outlets by a law enforcement agency or by the department, with or without the assistance of a minor, to monitor compliance of this chapter.

(17) "Seller" means the person who physically sells or distributes tobacco products or electronic smoking devices.

(18)(a) "Tobacco product or electronic smoking device" means:

(i) Any substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to cigarettes, cigars, pipes, snuff, smoking or chewing tobacco, snus, tobacco papers, or smokeless tobacco;

(ii) Any electronic smoking device that may be used to deliver an aerosolized or a vaporized substance to the person inhaling from the device, including but not limited to an electronic cigarette, an electronic cigar, an electronic pipe, a vape pen, or an electronic hookah, or any component, part, or accessory of such a device, or any substance intended to be aerosolized or vaporized during use of the device, whether or not the substance contains nicotine, or any heated or lighted device intended to be used for inhalation; or

(iii) Any components, parts, or accessories of a tobacco product or an electronic smoking device, whether or not they contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic hookah, or vape pen, or under any other product name or descriptor.

(b) The term "tobacco product or electronic smoking device" does not include drugs, devices, or combinations of products authorized for sale by the United States food and drug administration as those terms are defined in the federal food, drug, and cosmetic act.

(19) "Vending machine" means any mechanical, electronic, or other similar device that, upon the insertion of tokens, money or any other form of payment, dispenses tobacco products or electronic smoking devices.

(20) "Vendor-assisted sales" means any sale or distribution in which the customer has no access to the product except through the assistance of the seller.

(21) "Without a permit" means a business that has failed to obtain a permit or a business whose permit is suspended or revoked.

History:

[39-5702, added 1998, ch. 418, sec. 2, p. 1317; am. 2003, ch. 159, sec. 1, p. 449; am. 2003, ch. 273, sec. 1, p. 728; am. 2004, ch. 318, sec. 5, p. 897; am. 2012, ch. 39, sec. 1, p. 118; am. 2020, ch. 318, sec. 2, p. 906; am. 2022, ch. 113, sec. 1, p. 416; am. 2025, ch. 64, sec. 4, p. 304; am. 2026, ch. 279, sec. 1, p. 1168.]
Idaho Code § 39-501 — Idaho Code / Title 39 / Chapter 5 / Section 39-501
39-501 PURPOSE.
Status: in_force

39-501. Purpose. The protection of ground water quality is essential for life, health and furthering matters of commerce. Multiple public agencies have regulatory jurisdiction over various aspects of everyday human activity that can and do pose risks to vital underground water supplies. Enforcement of current rules and regulations, implementation of educational programs, and inspection of potential sources of pollution require funding beyond the budgets of agencies charged with these responsibilities. The coordination of work by public agencies to assist in the prevention of degradation of valuable ground water can be a cost-effective alternative to after the fact remediation of a degraded resource. Certain ground water quality problems cannot be remedied, only prevented. The purposes of establishing an aquifer protection district include protection of the state's economy, maintaining a water supply that does not require extensive treatment prior to human consumption or commercial use, avoiding the economic costs of remedial action, and protecting the well-being of communities that depend upon aquifers for essential human needs.

History:

[39-501, added 2006, ch. 304, sec. 1, p. 937.]
Idaho Code § 39-2610 — Idaho Code / Title 39 / Chapter 26 / Section 39-2610
39-2610 EXCEPTIONS.
Status: in_force

39-2610. Exceptions. The provisions of this chapter do not apply to and shall not prohibit:

(1) The use of flares, noisemakers or signals designed and used for the purpose of protecting the public;

(2) The use of blank cartridges;

(3) The use of flares or noisemakers designed and labeled specifically for pest control purposes and approved by the Idaho department of fish and game;

(4) The continued use of existing facilities for long-term storage of fireworks by wholesalers;

(5) Manufacturing of fireworks in this state; and

(6) The importation, storage and sale of fireworks for export from this state, or interstate commerce in fireworks.

History:

[39-2610, added 1997, ch. 246, sec. 2, p. 714.]
Idaho Code § 39-5510 — Idaho Code / Title 39 / Chapter 55 / Section 39-5510
39-5510 SMOKING ON BUSES.
Status: in_force

39-5510. Smoking on buses. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and shall be punished as provided in section 39-5507, Idaho Code. (2) As used in this section:

(a) "Bus" means any passenger bus or coach or other motor vehicle having a seating capacity of fifteen (15) or more passengers operated by a bus company for the purpose of carrying passengers or cargo for hire.

(b) "Bus company" means any person, group of persons, association, partnership, corporation or other recognized legal entity providing for-hire transportation to passengers or cargo by bus upon the highways in the state, including passengers and cargo in interstate or intrastate travel. These terms also include cities, counties, districts, public corporations, boards and commissions established under the laws of this state providing transportation to passengers or cargo by bus upon the highways in the state, whether or not for hire.

(c) "Charter" means a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge in accordance with a bus company's tariff, which has acquired the exclusive use of a bus to travel together to a specified destination or destinations, or special excursions to one (1) specific destination.

History:

[39-5510, added 1987, ch. 183, sec. 1, p. 362.]
Idaho Code § 39-1341 — Idaho Code / Title 39 / Chapter 13 / Section 39-1341
39-1341 CONDUCT OF ELECTION FOR PROPOSED INDEBTEDNESS.
Status: in_force

39-1341. Conduct of election for proposed indebtedness. The county clerk shall conduct the election in a manner prescribed by law in title 34, Idaho Code. The returns thereof shall be canvassed and the results thereof shall be declared by the board of county commissioners.

History:

[39-1341, added 1965, ch. 173, sec. 24, p. 340; am. 2009, ch. 341, sec. 70, p. 1038.]
Idaho Code § 39-3351 — Idaho Code / Title 39 / Chapter 33 / Section 39-3351
39-3351 EXEMPTIONS.
Status: in_force

39-3351. Exemptions. The provisions of this chapter do not apply to any of the following:

(1) Any health facility as defined by chapter 13, title 39, Idaho Code;

(2) Any house, institution, hotel, congregate housing project, retirement home or other similar place that is limited to providing one (1) or more of the following: housing, meals, transportation, housekeeping, or recreational and social activities; or that has residents accessing supportive services from an entity approved to provide such services in Idaho and holding no legal ownership interest in the entity operating the facility; or

(3) Any arrangement for the receiving and care of persons by a relative.

History:

[39-3351, added 1990, ch. 116, sec. 2, p. 256; am. 1996, ch. 207, sec. 18, p. 643; am. 2005, ch. 280, sec. 28, p. 897; am. 2025, ch. 208, sec. 15, p. 946.]
Idaho Code § 39-5701 — Idaho Code / Title 39 / Chapter 57 / Section 39-5701
39-5701 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-5701. Legislative findings and intent. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho's young people.

Tobacco use is the leading cause of preventable death in Idaho, and nicotine is a highly addictive, potentially harmful substance. Both present an urgent public health challenge. New and emerging tobacco products and electronic nicotine delivery devices like electronic cigarettes are linked to an increase in youth use of tobacco and nicotine products, are connected to the use of traditional tobacco products like cigarettes, and are associated with increased addiction in youth users. Therefore, it is this state's policy to prevent the illegal sale, theft, and easy access of tobacco products and electronic smoking devices to minors, to prohibit the possession, distribution, and use of tobacco products and electronic smoking devices by minors, and to otherwise discourage and prevent the possession, use, and trafficking in tobacco products and electronic smoking devices by minors.

History:

[39-5701, added 1998, ch. 418, sec. 2, p. 1316; am. 2020, ch. 318, sec. 1, p. 906.]
Idaho Code § 39-1392a — Idaho Code / Title 39 / Chapter 13 / Section 39-1392a
39-1392a DEFINITIONS.
Status: in_force

39-1392a. Definitions. The following terms shall have the following meanings when used in this section:

(1) "Emergency medical services personnel" means emergency medical services providers and ambulance-based clinicians licensed pursuant to chapter 9, title 46, Idaho Code.

(2) "Group medical practice" means a partnership, corporation, limited liability company, or other association formed for the purpose of offering health care services through physicians and other licensed or otherwise authorized health care providers who are partners, shareholders, members, employees, or contractors of such group medical practice.

(3) "Health care organization" means a hospital, in-hospital medical staff committee, medical society, managed care organization, licensed emergency medical service, group medical practice, residential care facility or skilled nursing facility.

(4) "Hospital" means a facility in Idaho as defined in section 39-1301, Idaho Code.

(5) "In-hospital medical staff committees" means any individual doctor who is a hospital staff member, or any hospital employee, or any group of such doctors and/or hospital employees, who are duly designated a committee by hospital staff bylaws, by action of an organized hospital staff, or by action of the board of directors of a hospital, and which committee is authorized by said bylaws, staff or board of directors, to conduct research or study of hospital patient cases, or of medical questions or problems using data and information from hospital patient cases.

(6) "Licensed emergency medical service" means an ambulance service or a nontransport service licensed pursuant to chapter 9, title 46, Idaho Code.

(7) "Managed care organization" means a public or private person or organization that offers a managed care plan.

(8) "Managed care plan" means a contract of coverage given to an individual, family or group of covered individuals pursuant to which a member is entitled to receive a defined set of health care benefits through an organized system of health care providers in exchange for defined consideration and which requires the member to use, or creates financial incentives for the member to use, health care providers owned, managed, employed by or under contract with the managed care organization.

(9) "Medical society" means any duly constituted, authorized and recognized professional society or entity made up of physicians licensed to practice medicine in Idaho, having as its purpose the maintenance of high quality in the standards of health care provided in Idaho or any region or segment of the state, operating with the approval of the Idaho state board of medicine, or any official committee appointed by the Idaho state board of medicine.

(10) "Patient care records" means written or otherwise recorded, preserved and maintained records of the medical or surgical diagnostic, clinical, or therapeutic care of any patient treated by or under the direction of licensed professional personnel, including emergency medical services personnel, in every health care organization subject to this act, whether as an inpatient or outpatient of the health care organization.

(11) "Peer review" means the collection, interpretation and analysis of data by a health care organization for the purpose of bettering the system of delivery of health care or to improve the provision of health care or to otherwise reduce patient morbidity and mortality and improve the quality of patient care. Peer review activities by a health care organization include, without limitation:

(a) Credentialing, privileging or affiliating of health care providers as members of, or providers for, a health care organization;

(b) Quality assurance and improvement, patient safety investigations and analysis, patient adverse outcome reviews, and root-cause analysis and investigation activities by a health care organization; and

(c) Professional review action, meaning an action or recommendation of a health care organization which is taken or made in the conduct of peer review, that is based on the competence or professional conduct of an individual physician or emergency medical services personnel where such conduct adversely affects or could adversely affect the health or welfare of a patient or the physician's privileges, employment or membership in the health care organization or in the case of emergency medical services personnel, the emergency medical services personnel's scope of practice, employment or membership in the health care organization.

(12) "Peer review records" means all evidence of interviews, reports, statements, minutes, memoranda, notes, investigative graphs and compilations and the contents thereof, and all physical materials relating to peer review of any health care organization. "Peer review records" does not mean or include patient care records; provided however, that the records relating to the identification of which particular patient care records were selected for, or reviewed, examined or discussed in peer review by a health care organization and the methodology used for selecting such records shall be considered peer review records.

(13) "Skilled nursing facility" means a facility licensed under chapter 13, title 39, Idaho Code, to provide skilled care to recipients.

History:

[39-1392a, added 1973, ch. 265, sec. 2, p. 545; am. 1984, ch. 113, sec. 1, p. 257; am. 1997, ch. 171, sec. 2, p. 486; am. 2003, ch. 244, sec. 1, p. 629; am. 2004, ch. 134, sec. 1, p. 455; am. 2005, ch. 103, sec. 1, p. 324; am. 2018, ch. 145, sec. 1, p. 300; am. 2025, ch. 82, sec. 101, p. 380; am. 2025, ch. 94, sec. 23, p. 468; am. 2025, ch. 122, sec. 30, p. 637; am. 2026, ch. 251, sec. 13, p. 1063.]
Idaho Code § 39-4429 — Idaho Code / Title 39 / Chapter 44 / Section 39-4429
39-4429 BOOKS AND RECORDS TO BE PRESERVED — ENTRY AND INSPECTION BY DEPARTMENT OF ENVIRONMENTAL QUALITY.
Status: in_force

39-4429. Books and records to be preserved — Entry and inspection by department of environmental quality. Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shall keep complete and accurate records, including itemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed of at a hazardous waste facility or site in Idaho. All books, documents and papers, computer tapes, discs, and other records required to be kept by this section shall be preserved for a period of at least five (5) years from the date of the records or the date of the entries appearing in the records, unless the department in writing authorized their destruction or disposal at an earlier date. For purposes of this chapter, at any time during usual business hours, the department or duly authorized agents or employees may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein to determine whether or not all the applicable provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility's or the site's permit by the director of the department of environmental quality under subsection (A)(2) of section 39-4413, Idaho Code.

History:

[39-4429, added 1984, ch. 205, sec. 7, p. 508; am. 1998, ch. 229, sec. 6, p. 781; am. 1999, ch. 290, sec. 4, p. 720; am. 2001, ch. 103, sec. 48, p. 291; am. 2021, ch. 321, sec. 19, p. 964.]
Idaho Code § 39-272 — Idaho Code / Title 39 / Chapter 2 / Section 39-272
39-272 DUTIES TO PROVIDE INFORMATION.
Status: in_force

39-272. Duties to provide information. For the purposes of compilation of the vital record, any person having knowledge of the facts shall furnish to the state registrar such information as they may possess regarding any birth, death, stillbirth, marriage or divorce.

History:

[39-272, added 1983, ch. 7, sec. 34, p. 42.]
Idaho Code § 39-248 — Idaho Code / Title 39 / Chapter 2 / Section 39-248
39-248 OTHER EMPLOYEES.
Status: in_force

39-248. Other employees. The director shall provide such assistants as the vital statistics unit may require and determine the compensation and duties of persons thus employed.

History:

[39-248, added 1949, ch. 72, sec. 8, p. 117; am. 1974, ch. 23, sec. 67, p. 633; am. 1983, ch. 7, sec. 8, p. 27.]
Idaho Code § 39-2802 — Idaho Code / Title 39 / Chapter 28 / Section 39-2802
39-2802 PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS.
Status: in_force

39-2802. Procedures for formation of abatement districts. (1) Abatement districts may be formed in the following ways:

(a) Upon presentation to the board of county commissioners of a petition requesting the formation of an abatement district, which is signed by property owners of the territory of the proposed abatement district, equal to not less than ten percent (10%) of the property owners within the proposed district, the commissioners shall publish such petition when the following conditions are met: the petition must define the boundaries of the proposed district and assessed tax valuation of the property therein. When the above conditions have been met the county commissioners shall publish the petition, and if after thirty (30) days no protests are received, an election must be held on a regularly scheduled election date specified in section 34-106, Idaho Code. The abatement district shall bear the expense of holding their portion of the election upon their successful formation from the first tax moneys collected. If there are written protests, the county commissioners must hold a public hearing within thirty (30) days after receipt of the written protests and after the hearing hold an election. Notice of the time and place of such election shall be published at least once not less than twelve (12) days prior to the election and a second time not less than five (5) days prior to the election in at least one (1) newspaper having general circulation in the proposed abatement district.

(b) The board of county commissioners may place the question on a ballot during either a primary or general election as to whether to create an abatement district. If the board of county commissioners determines to place such a question on the ballot, it shall be after they define the boundaries of the proposed district and assessed tax valuation of the property therein. Notice of the time and place of such election shall be published at least once not less than twelve (12) days prior to the election and a second time not less than five (5) days prior to the election in at least one (1) newspaper having general circulation in the proposed abatement district.

(2) No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state and be a resident of the proposed district. A majority of the votes cast by the qualified electors shall establish the district.

History:

[39-2802, added 1959, ch. 81, sec. 2, p. 186; am. 1995, ch. 118, sec. 56, p. 472; am. 2007, ch. 188, sec. 4, p. 549.]
Idaho Code § 39-245 — Idaho Code / Title 39 / Chapter 2 / Section 39-245
39-245 CERTIFICATE FORMS.
Status: in_force

39-245. Certificate forms. The form of certificates used under the provisions of this chapter shall be prescribed by the director and shall include as a minimum the items required by the respective standard certificates as recommended by the national agency in charge of vital statistics; provided, however, that the provisions of section 39-1005, Idaho Code, shall be given effect on a certificate to which that section is applicable.

History:

[39-245, added 1949, ch. 72, sec. 5, p. 117; am. 1974, ch. 23, sec. 65, p. 633; am. 1983, ch. 7, sec. 6, p. 27.]
Idaho Code § 39-6311 — Idaho Code / Title 39 / Chapter 63 / Section 39-6311
39-6311 ORDER — TRANSMITTAL TO LAW ENFORCEMENT AGENCY — RECORD IN IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — ENFORCEABILITY.
Status: in_force

39-6311. Order — Transmittal to law enforcement agency — Record in Idaho public safety and security information system — Enforceability. (1) The orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign protection orders recognized under section 39-6306A, Idaho Code, shall be in a form approved by the supreme court of the state of Idaho.

(2) (a) A copy of a protection order granted or a foreign protection order recognized under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

(b) Upon receipt of the order, the law enforcement agency shall forthwith enter the order and its expiration date into the Idaho public safety and security information system available in this state used by law enforcement agencies to list outstanding warrants. Notification of service as required in section 39-6310, Idaho Code, shall also be entered into the Idaho public safety and security information system upon receipt. Entry into the Idaho public safety and security information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state. Renewals of the order shall be recorded in the same manner as original orders. The information entered shall specifically state that the protection order is civil in nature. If the appropriate law enforcement agency determines that the service information sheet is incomplete or cannot be entered into the Idaho public safety and security information system upon receipt, the service information sheet shall be returned to the clerk of the court. The clerk of the court shall then notify the petitioner of the error or omission.

(3) Law enforcement agencies shall establish procedures reasonably adequate to assure that an officer approaching or actually at the scene of an incident of domestic violence may be informed of the existence and terms of such protection order.

(4) A protection order shall remain in effect for the term set by the court or until terminated by the court. A protection order may, upon motion and upon good cause shown, be renewed for additional terms not to exceed one (1) year each if the requirements of this chapter are met. The motion to renew an order may be granted without a hearing, if not timely objected to by the party against whom the order was entered. If the petitioner voluntarily and without duress consents to the waiver of any portion of the protection order vis-a-vis the respondent pursuant to section 39-6313, Idaho Code, the order may be modified by the court.

History:

[39-6311, added 1988, ch. 341, sec. 1, p. 1017; am. 1989, ch. 136, sec. 6, p. 310; am. 1990, ch. 293, sec. 1, p. 813; am. 1991, ch. 300, sec. 2, p. 788; am. 1995, ch. 357, sec. 2, p. 1214; am. 1996, ch. 362, sec. 1, p. 1218; am. 1999, ch. 330, sec. 6, p. 891; am. 2002, ch. 213, sec. 6, p. 592; am. 2013, ch. 187, sec. 6, p. 452.]
Idaho Code § 39-130 — Idaho Code / Title 39 / Chapter 1 / Section 39-130
39-130 REMOVAL — REMEDIATION — BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY.
Status: in_force

39-130. Removal — Remediation — Bunker hill mining and metallurgical complex superfund facility. Notwithstanding any other provision of law to the contrary, removal and remediation actions in or related to any operable unit of the Bunker Hill mining and metallurgical complex superfund facility performed by or on behalf of the department of environmental quality shall not constitute public works pursuant to chapter 57, title 67, Idaho Code, chapter 19, title 54, Idaho Code, or any other provision of Idaho Code. In the letting and oversight of contracts for such removal or remediation actions, bonding of contractors may be required. The administrator of the division of waste management and remediation, department of environmental quality, and the director of the department of environmental quality, shall have the authority of the administrator of the division of purchasing, department of administration, and the director of the department of administration, respectively, in requiring open competitive bidding pursuant to chapter 92, title 67, Idaho Code, and any relevant rules of the department of administration.

History:

[39-130, added 2007, ch. 123, sec. 1, p. 373; am. 2016, ch. 289, sec. 11, p. 812.]
Idaho Code § 39-4109C — Idaho Code / Title 39 / Chapter 41 / Section 39-4109C
39-4109C SINGLE STAIRWAY BUILDING EXCEPTIONS.
Status: in_force

39-4109C. single stairway building exceptions. (1) Notwithstanding a local government's adoption of the International Building Code or any other provision of law to the contrary, local governments may allow residential group R-2 apartment buildings to be served by one (1) single stairway under the following conditions:

(a) The building has no more than six (6) stories above grade plane without an occupiable roof, or has no more than five (5) stories above grade plane with an occupiable roof and no more than one (1) basement level;

(b) The building has no more than four (4) dwelling units on any floor with a maximum gross floor area not exceeding six thousand (6,000) square feet for each story;

(c) The building is of type I, II, III, IV, or V construction;

(d) An automatic sprinkler system shall be provided throughout the building in accordance with section 903.3.1.1 of the national fire protection association's standard, NFPA 13;

(e) An interior stairway is provided and doors in the stairway swing into the interior stairway regardless of the occupant load served, provided that doors from the interior exit stairway to the building exterior are permitted to swing in the direction of exit travel;

(f) Openings into the interior exit stairway shall be ninety (90) minute fire protection rated with self-closers and no hold-open devices, unless they are interconnected with the fire alarm system to release upon activation of the occupant notification system and openings are limited to those required for exit access into the enclosure from normally occupied spaces, openings required for egress from the stairway, and openings to the exterior. Elevators shall not open into the interior exit stairway;

(g) The interior exit stairway and elevator shaft shall have a fire resistance rating of not less than two (2) hours regardless of the number of stories connected;

(h) The width of the exit stairway shall not be less than forty-eight (48) inches;

(i) A minimum one (1) hour fire resistance rated corridor separates each dwelling unit entry and exit door from the door to an interior exit stairway, including any related exit passageway, on each floor;

(j) Dwelling unit doors shall not open directly into an interior exit stairway;

(k) No more than twenty (20) feet of travel distance shall exist between the exit stairway and the entry and exit door of any dwelling unit;

(l) Exit access travel distance shall not exceed one hundred twenty-five (125) feet;

(m) An exit serving the group R-2 occupancy as defined in the International Building Code shall not discharge through any other occupancy, including an accessory parking garage;

(n) An exit shall not terminate in an egress court where the court depth exceeds the court width unless it is possible to exit in either direction to the public way;

(o) Exterior wall openings shall be three-fourths (3/4) hour fire protection rated when located within ten (10) feet of the exit discharge door or other unprotected exterior wall openings into the interior exit stairway;

(p) Emergency escape and rescue openings shall comply with the requirements of the International Building Code on all floors served by the single exit;

(q) No electrical receptacles shall be installed in an interior exit stairway. Any electrical receptacles in a common corridor or lobby shall have lockable outlet covers, accessible by maintenance personnel;

(r) An automatic smoke and fire detection system that activates the occupant notification system in accordance with the requirements of the International Building Code shall be installed in the building;

(s) An approved sign mounted adjacent to the fire alarm control panel shall be provided stating "THIS BUILDING CONTAINS ONLY ONE STAIR";

(t) There shall be no more than two (2) buildings, or two (2) areas in a single building, each provided with a single exit, per lot. Where there are two (2) buildings on the same lot, exception 1 of section 705.3 of the International Building Code shall not be allowed; and

(u) The building shall meet all other applicable provisions of the adopted local building codes.

(2) A manual fire alarm system and automatic smoke detection system that activates the occupant notification system in accordance with the requirements of the International Building Code shall be installed in single stairway apartment buildings provided for in this section in the following locations:

(a) Common spaces outside of dwelling units;

(b) Laundry rooms, mechanical equipment rooms, and storage rooms;

(c) Interior corridors serving dwelling units; and

(d) Interior corridors, interior exit stairways, and exit passageways.

History:

[39-4109C, added 2026, ch. 320, sec. 1, p. 1282.]
Idaho Code § 39-4002 — Idaho Code / Title 39 / Chapter 40 / Section 39-4002
39-4002 COMPLIANCE WITH LAW REQUIRED.
Status: in_force

39-4002. Compliance with law required. It is unlawful for any person, firm, partnership, association or corporation to sell or offer for sale within this state any manufactured home that is not manufactured in compliance with this chapter after March 8, 1971.

History:

[39-4002, added 1971, ch. 70, sec. 3, p. 157; am. 1988, ch. 264, sec. 3, p. 525; am. 1995, ch. 267, sec. 2, p. 857; am. 2006, ch. 79, sec. 3, p. 238.]
Idaho Code § 39-415 — Idaho Code / Title 39 / Chapter 4 / Section 39-415
39-415 QUARANTINE.
Status: in_force

39-415. Quarantine. The district board shall have the same authority, responsibility, powers, and duties in relation to the right of quarantine within the public health district as does the state.

History:

[39-415, added 1970, ch. 90, sec. 7, p. 218; am. 1973, ch. 29, sec. 7, p. 56.]
Idaho Code § 39-1460 — Idaho Code / Title 39 / Chapter 14 / Section 39-1460
39-1460 POWERS IN ADDITION TO THOSE GRANTED BY OTHER LAWS — SEVERABILITY.
Status: in_force

39-1460. Powers in addition to those granted by other laws — Severability. The powers conferred by this act shall be in addition and supplementary to, and the limitations by this act shall not affect the powers conferred by any other law except as herein provided. Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this act for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extensions of like facilities, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other law. If any one or more sections or provisions of this act, or the application thereof to any person or circumstance, shall ever be held by any court of competent jurisdiction to be invalid, the remaining provisions of this act and the application thereof to persons or circumstances other than those to which it is held to be invalid, shall not be affected thereby, it being the intention of this general assembly to enact the remaining provisions of this act notwithstanding such invalidity.

History:

[39-1460, added 1972, ch. 134, sec. 20, p. 286.]
Idaho Code § 39-246 — Idaho Code / Title 39 / Chapter 2 / Section 39-246
39-246 LOCAL REGISTRATION DISTRICTS.
Status: in_force

39-246. Local registration districts. The director shall establish registration districts and change the boundaries of the same from time to time which shall conform to political subdivisions, or combinations or parts thereof.

History:

[39-246, added 1949, ch. 72, sec. 6, p. 117; am. 1974, ch. 23, sec. 66, p. 633.]
Idaho Code § 39-4419 — Idaho Code / Title 39 / Chapter 44 / Section 39-4419
39-4419 INTERSTATE COOPERATION.
Status: in_force

39-4419. Interstate cooperation. The director shall have the power and the duty to encourage cooperative activities between the department and other states for the improved management of hazardous wastes, and so far as is practical, to provide for uniform state regulations and for interstate agreements relating to hazardous waste management. The state may enter into such agreements with other states to accomplish the purposes as set out in this chapter.

History:

[39-4419, added 1983, ch. 154, sec. 1, p. 430.]
Idaho Code § 39-5902 — Idaho Code / Title 39 / Chapter 59 / Section 39-5902
39-5902 RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE FUNDS.
Status: in_force

39-5902. Rural health care access and physician incentive funds. (1) There is hereby created in the state treasury a fund known as the "Rural Health Care Access Fund." Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purpose of grants for improving access to primary care medical services in areas designated as primary care health professional shortage areas and medically underserved areas and their administration pursuant to this chapter.

(2) There is hereby created in the state treasury a fund known as the "Rural Physician Incentive Fund." Money is payable into the fund as provided for in section 33-3723, Idaho Code. The moneys in the rural physician incentive fund are hereby appropriated for the uses of the fund. The state department of health and welfare may use the moneys in the fund to pay:

(a) The educational debts of rural physicians who practice primary care medicine in medically underserved areas of the state that demonstrate a need for assistance in physician recruitment; and

(b) The expenses of administering the rural physician incentive program. The expenses of administering the program shall not exceed ten percent (10%) of the annual fees assessed pursuant to section 33-3723, Idaho Code.

History:

[39-5902, added 2000, ch. 262, sec. 2, p. 735; am. 2012, ch. 44, sec. 4, p. 132.]
Idaho Code § 39-1112A — Idaho Code / Title 39 / Chapter 11 / Section 39-1112A
39-1112A ACCESS TO INFORMATION.
Status: in_force

39-1112A. access to information. The department shall make available to daycare consumers information to educate daycare consumers with informational tools useful in identifying quality daycare, including:

(1) The importance of parents being vigilant for the safety, emotional health and training of their children that cannot be replaced by any other institution or individual;

(2) The basic characteristics of a quality daycare;

(3) A strong suggestion to parents to inquire about criminal history checks for any provider;

(4) A link to a department approved website that contains more detailed information; and

(5) A department or other phone number for parents to report unsafe, dangerous or harmful activities within the daycare.

History:

[39-1112A, added 2009, ch. 295, sec. 12, p. 879; am. 2025, ch. 185, sec. 8, p. 865.]
Idaho Code § 39-4436 — Idaho Code / Title 39 / Chapter 44 / Section 39-4436
39-4436 DUTIES OF DIRECTOR UPON RECEIPT OF SITING LICENSE APPLICATION.
Status: in_force

39-4436. Duties of director upon receipt of siting license application. (1) Within forty-five (45) days of receiving an application, the director shall determine whether the application is complete and complies with the technical criteria required by section 39-4435, Idaho Code, if applicable. If the application is not complete, the director shall notify the applicant in writing and identify the deficiencies.

(2) Once the director determines an application is complete, the director shall:

(a) Notify the applicant of such determination;

(b) Establish a site review panel pursuant to section 39-4437, Idaho Code;

(c) Notify the city and county in which the hazardous waste facility is or is proposed to be located, the state fire marshal, the director of the department of fish and game, the director of the Idaho state police, the relevant divisions within the department, and other appropriate state and federal agencies. The notice shall describe the review process and expected schedule based on the complexity of the application; and

(d) Publish a notice that an application has been received by the department in a newspaper of general circulation in the county and immediate vicinity of the hazardous waste facility or proposed facility. The notice shall include:

(i) A map indicating the location or proposed location of the hazardous waste facility;

(ii) A description of the proposed action;

(iii) A brief description of the review, participation, and approval process by which the application may be approved and a siting license may be granted; and

(iv) The location where the complete application package may be reviewed.

(3) Upon official establishment of the panel, as provided for by section 39-4437, Idaho Code, the director shall:

(a) Submit such information as the panel may require to conduct its review and provide its recommendation to the director;

(b) Within sixty-five (65) days, submit preliminary findings that recommend approval or rejection of the application and, if approval is recommended, contain preliminary conditions for the license to ensure the facility's compliance with applicable law, which may be more stringent than such provisions; and

(c) Make department staff available to assist the panel in carrying out its duties.

(4) Within thirty (30) days of receiving the panel's recommendation pursuant to section 39-4438, Idaho Code, the director shall make a final decision on the application. The director shall approve the application and issue a siting license, with appropriate conditions, if any, if the director determines that:

(a) The technical criteria required by section 39-4435, Idaho Code, are met, if applicable;

(b) The harm to scenic, historic, cultural, or recreational values is not substantial or that it can be mitigated by appropriate license conditions;

(c) The risk and impact of accident during transportation of hazardous waste is not substantial or that it can be mitigated with appropriate license conditions;

(d) The impact on local government is not adverse regarding health, safety, cost, and consistency with local planning and existing development or that it can be mitigated with appropriate license conditions; and

(e) No other major concerns have been raised by the panel regarding public health or the environment that cannot be mitigated by special license conditions.

(5) Any person aggrieved by a decision of the director pursuant to this chapter may, within twenty-eight (28) days and after all of this chapter's remedies have been exhausted, seek judicial review pursuant to chapter 52, title 67, Idaho Code.

History:

[39-4436, added 2026, ch. 89, sec. 12, p. 472.]
Idaho Code § 39-2512 — Idaho Code / Title 39 / Chapter 25 / Section 39-2512
39-2512 ADMINISTRATIVE APPEALS.
Status: in_force

39-2512. ADMINISTRATIVE APPEALS. [EFFECTIVE UNTIL JUNE 30, 2029] Applicants aggrieved by the award or failure to award a grant pursuant to this chapter shall be afforded the remedies provided in chapter 52, title 67, Idaho Code.

History:

[39-2512, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-4608 — Idaho Code / Title 39 / Chapter 46 / Section 39-4608
39-4608 DISCRIMINATION PROHIBITED.
Status: in_force

39-4608. Discrimination prohibited. The services provided under this chapter shall be made available without discrimination on the basis of race, color, creed or ability to pay.

History:

[39-4608, added 1978, ch. 270, sec. 1, p. 627.]
Idaho Code § 39-7001 — Idaho Code / Title 39 / Chapter 70 / Section 39-7001
39-7001 DEFINITION OF LEAD ACID BATTERY.
Status: in_force

39-7001. Definition of lead acid battery. For the purpose of this chapter, "lead acid battery" means a battery with a core of elemental lead and a capacity of six (6) or more volts which is suitable for use in farm equipment, construction equipment, a motor vehicle or a boat. Batteries only suitable for motor cycles, off-road recreation vehicles or lawn and garden equipment are exempt from the fees in this chapter.

History:

[39-7001, added 1991, ch. 292, sec. 1, p. 752.]
Idaho Code § 39-7703 — Idaho Code / Title 39 / Chapter 77 / Section 39-7703
39-7703 IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDERS PROVIDING CHARITABLE MEDICAL CARE.
Status: in_force

39-7703. Immunity from liability for health care providers providing charitable medical care. (1) Any health care provider who voluntarily provides needed medical or health care services to any person at a free medical clinic or who provides health screenings at a community health screening event without compensation or the expectation of compensation shall be immune from liability for any civil action arising out of the provision of such medical or health services. This section shall not extend immunity to the health care provider for any acts constituting intentional, willful or grossly negligent conduct or to acts by a health care provider that are outside the scope of practice authorized by the provider's licensure, certification or registration.

(2) Immunity pursuant to subsection (1) of this section shall apply only if the health care provider and the patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of compensation and that the health care provider shall be immune as specified herein.

(3) Nothing in this section shall prohibit a free medical clinic from accepting voluntary contributions for health care services provided to a patient who has acknowledged his or her ability and willingness to pay a portion of the value of the health care services provided. Any voluntary contribution collected for providing care at a free medical clinic shall be used only to pay overhead expenses of operating the clinic. No portion of any moneys collected shall be used to provide compensation to any health care provider.

(4) If a health care provider is insured for liability for negligent acts or omissions arising from providing health care services at a free clinic, the immunity provided in subsection (1) of this section is waived, provided however, the amount recovered shall not exceed the limits of such applicable insurance coverage.

History:

[39-7703, added 1998, ch. 295, sec. 1, p. 977; am. 2018, ch. 38, sec. 2, p. 98.]
Idaho Code § 39-4404 — Idaho Code / Title 39 / Chapter 44 / Section 39-4404
39-4404 CONSISTENCY WITH FEDERAL LAW.
Status: in_force

39-4404. Consistency with federal law. The legislature intends that the state of Idaho enact and carry out a hazardous waste program that will enable the state to assume primacy over hazardous waste control from the federal government.

The legislature finds that the RCRA, as amended, 42 U.S.C., section 6901 et seq., and federal regulations adopted pursuant thereto, establish complex and detailed provisions for regulation of those who generate, transport, treat, store, and dispose of hazardous wastes. The legislature cannot conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under RCRA. However, by the provisions of this chapter, the legislature desires to avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems.

Therefore, the board is directed to promulgate rules which are consistent with RCRA and the federal regulations adopted by the administrator of the United States environmental protection agency to implement RCRA. Farmers and ranchers who treat, store, or dispose of waste pesticides from their operations on lands owned or controlled by them shall not be required by board rules to do anything more than follow the instructions on the pesticide label and triple rinse empty containers in accordance with the RCRA regulations of the environmental protection agency. The board may not promulgate any rule that would impose conditions or requirements more stringent or broader in scope than RCRA and the RCRA regulations of the environmental protection agency. The board may, however, promulgate procedural rules and rules specifically authorized by this chapter or other state statutes without showing that those rules are required by RCRA or the regulations of the environmental protection agency; provided that those rules shall not conflict with this section, other sections of this chapter, RCRA, or the regulations of the environmental protection agency. Any rule promulgated by the board shall be valid until it is repealed or modified through the administrative process of chapter 52, title 67, Idaho Code.

History:

[39-4404, added 1983, ch. 154, sec. 1, p. 419; am. 1986, ch. 182, sec. 1, p. 479; am. 1988, ch. 6, sec. 1, p. 6; am. 1988, ch. 259, sec. 1, p. 498; am. 1993, ch. 216, sec. 27, p. 608; am. 1993, ch. 291, sec. 2, p. 1085.]
Idaho Code § 39-8608 — Idaho Code / Title 39 / Chapter 86 / Section 39-8608
39-8608 INSTALLATION PERMITS REQUIRED — APPLICATION — POSTING — EXCEPTIONS — OTHER LICENSES, PERMITS AND INSPECTIONS.
Status: in_force

39-8608. Installation permits required — Application — Posting — Exceptions — Other licenses, permits and inspections. (1) On and after July 1, 2004, it shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any installation or major alteration of any conveyance in the state of Idaho without first procuring an installation permit from the division of occupational and professional licenses authorizing the work to be done.

(2) The owner of a conveyance shall submit an application for the permit in a form that the division may prescribe. A copy of the plans or specifications for the installation, erection, major alteration, or relocation shall be attached to the permit application.

(3) The permit issued by the division shall be kept posted conspicuously at the site of installation.

(4) No installation permit is required for repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength and design, or for installations and major alterations that have been commenced prior to July 1, 2004, or for new installations let for bid prior to November 1, 2002.

(5) The installation permit and inspections required in this chapter are not exclusive. Installations and major alterations of conveyances as herein defined may be subject to licensing, permitting and inspection requirements set forth in other provisions of law.

History:

[39-8608, added 2004, ch. 359, sec. 1, p. 1070; am. 2023, ch. 15, sec. 21, p. 87.]
Idaho Code § 39-3704 — Idaho Code / Title 39 / Chapter 37 / Section 39-3704
39-3704 DIRECTED BLOOD PRODUCT TRANSFUSION.
Status: in_force

39-3704. directed blood product transfusion. (1) As used in this section, "blood product" includes whole blood, blood plasma, blood derivatives, blood platelets, and blood clotting agents.

(2) Except as provided in subsection (3) of this section, a health care provider or facility may not prohibit a patient from providing, through a blood establishment complying with all federal requirements for the collection of blood products, the patient's own blood or the blood product of the patient's directed donor for any potential transfusion related to such patient's health care.

(3) The provisions of subsection (2) of this section shall not apply if:

(a) The donation or transfusion of the blood product would be detrimental to the donor or patient;

(b) Insufficient time exists to coordinate and arrange for the patient's provision of the blood product prior to a surgery or medical procedure; or

(c) A surgery or medical procedure is for emergency medical services.

(4) A health care provider or facility operating within the scope of the health care provider or facility's license shall be immune from liability for injury, damages, or death occurring as a result of using the blood product provided by a patient pursuant to subsection (2) of this section, unless the health care provider or facility's gross negligence regarding the blood product or transfusion contributed to the injury, damages, or death.

(5) Nothing in this section shall be construed to conflict with federal law governing the collection, donation, sale, or use of a blood product.

History:

[39-3704, added 2026, ch. 26, sec. 1, p. 122.]
Idaho Code § 39-1353a — Idaho Code / Title 39 / Chapter 13 / Section 39-1353a
39-1353a PRACTICE OF MEDICINE NOT AUTHORIZED.
Status: in_force

39-1353a. Practice of medicine not authorized. Anything to the contrary hereinabove notwithstanding, this act shall not be construed to permit or authorize any hospital district or hospital therein in the state of Idaho directly or indirectly to engage in the practice of medicine as defined in chapter 18, title 54, Idaho Code, which privilege is reserved exclusively to persons licensed for that purpose pursuant to chapter 18, title 54, Idaho Code.

History:

[I.C., sec. 39-1353a, as added by 1976, ch. 132, sec. 5, p. 500.]
Idaho Code § 39-6114 — Idaho Code / Title 39 / Chapter 61 / Section 39-6114
39-6114 REQUIRED APPLICATION FORMS AND ACCOMPANYING DOCUMENTS FOR A J-1 VISA WAIVER REQUEST.
Status: in_force

39-6114. Required application forms and accompanying documents for a j-1 visa waiver request. (1) Applications for the J-1 visa waiver program must include but not be limited to the following:

(a) Evidence the applicant has no other mechanism through another process or interested government agency to apply for a J-1 visa waiver for the petitioning physician;

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

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

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

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

(f) A copy of an employment contract between the petitioning physician and the applicant for no less than three (3) years;

(g) Evidence that the employment site is in a designated area of underservice;

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

(i) Legible copies of all DS 2019 forms (certificate of eligibility for exchange visitor status), covering every period the physician was in J-1 status, submitted in chronological order;

(j) Legible copies (front and back) of all I-94 entry and departure cards for the physician and family members;

(k) The petitioning physician's curriculum vitae;

(l) A statement of "no objection from the government" of the petitioning physician's country of nationality, if applicable. The government of the country to which the petitioning physician is otherwise contractually obliged to return must furnish a letter to the director of the United States department of state with a statement in writing that there is no objection to such waiver in cases where the petitioning physician's medical education or training is funded by the government of the petitioning physician's home country. Whether or not there is foreign government funding can be determined from examining the physician's DS 2019 form. This letter must be in English and follow the procedures and format outlined in federal register volume 60, number 197, published October 12, 1995 (or subsequent revisions);

(m) Payment of the department's administrative application processing fee;

(n) Federal form G-28 or letterhead from the law office, if the physician is being represented by an attorney, with telephone and fax numbers, and a contact name and address; and

(o) A copy of the United States department of state-issued instruction sheet with case number.

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

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

(4) J-1 visa waiver program application forms and instructions are available and may be requested from the department.

(5) The petitioning physician's case number must appear on each page. The case number is assigned by the United States department of state.

(6) All required information and documentation must be submitted in a single package with all documents presented per instructions that will be provided by the department upon request. One (1) single-sided, unbound original and one (1) single-sided, unbound copy must be included. Waiver requests that do not comply with these requirements and the instructions provided by the department will not be considered.

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

History:

[39-6114, added 2004, ch. 128, sec. 1, p. 444; am. 2009, ch. 106, sec. 16, p. 335; am. 2017, ch. 72, sec. 12, p. 180; am. 2023, ch. 31, sec. 9, p. 156.]
Idaho Code § 39-3318 — Idaho Code / Title 39 / Chapter 33 / Section 39-3318
39-3318 FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS.
Status: in_force

39-3318. Facility response to incidents and complaints. In addition to any other requirements of this chapter, the residential care or assisted living facility shall have a process in place to address incidents and complaints.

History:

[39-3318, added 1990, ch. 116, sec. 2, p. 250; am. 2000, ch. 274, sec. 22, p. 819; am. 2005, ch. 280, sec. 15, p. 892; am. 2025, ch. 208, sec. 10, p. 944.]
Idaho Code § 39-3635 — Idaho Code / Title 39 / Chapter 36 / Section 39-3635
39-3635 COTTAGE SITE LEASES — REQUIREMENTS — CONSTRUCTION OF SEWAGE DISPOSAL FACILITIES — CONNECTION TO WATER AND SEWER DISTRICT SYSTEMS — PAYMENT OF CHARGES — NOTIFICATION OF DEFAULTS — SATISFACTION OF REQUIREMENTS.
Status: in_force

39-3635. Cottage site leases — Requirements — Construction of sewage disposal facilities — Connection to water and sewer district systems — Payment of charges — Notification of defaults — Satisfaction of requirements. (1) After the effective date of sections 39-3634 through 39-3639, Idaho Code, all cottage site leases authorized by the state of Idaho shall require that each lessee must construct, at his cost and expense, sewage disposal facilities, certified by the director of the department of environmental quality as adequate, as follows:

(a) For all new cottage or house construction completed after July 1, 1971 on any cottage site the certificate shall be issued prior to occupancy.

(b) Those cottages or houses existing on the cottage sites prior to the effective date of sections 39-3634 through 39-3639, Idaho Code, shall meet those standards required by the director of the department of environmental quality for certification within two (2) years of the effective date of sections 39-3634 through 39-3639, Idaho Code, unless a public or private sewage collection or disposal system is being planned or constructed in which case the director of the department of environmental quality may grant extensions on a year by year basis but not exceed three (3) such extensions for any one (1) cottage site.

(c) Isolated dwellings on sites situated on mining, grazing or other similar types of state land board leases shall not be affected unless within two hundred (200) yards of any flowing stream or a lake.

(2) Wherever any cottage site is located within the boundaries of a district organized for water or sewer purposes, or a combination thereof, pursuant to the provisions of chapter 32, title 42, Idaho Code, as amended, the cottage site lessee shall connect his property to the sewer system of the district within sixty (60) days after written notice from the district so to do, provided, however, no cottage site lessee shall be compelled to connect his property with such sewer system unless a service line is brought by the district to a point within two hundred (200) feet of his dwelling place. All cottage site leases hereafter issued shall require, as a condition of acceptance thereof by the lessee, that the lessee will connect his property to a district sewer system as required in this subsection (2). With respect to all cottage site leases issued subsequent to July 1, 1970, filing with the department issuing the lease of evidence of connection to the district sewer system as contemplated in this subsection (2) shall be conclusive evidence of compliance by the cottage site lessee with the requirements of subsection (1) of this section and of the provisions of the cottage site lease to provide sewage disposal facilities at the expense of the cottage site lessee. Each cottage site lessee whose cottage site is subject to connection to a district sewer system as required in this subsection (2) shall pay to the district to which the cottage site is required to be connected, in a timely manner and when due, all connection fees and charges, all monthly rates, tolls and charges, as provided by chapter 32, title 42, Idaho Code, as amended, and all special benefits payments in lieu of tax payments provided for in subsection (3) of this section.

(3) Notwithstanding that title to a cottage site remains in the state of Idaho, each cottage site lessee shall pay to any district operating a sewer system to which the cottage site is connected as provided in subsection (2) of this section, each year in the same manner and at the same time as county taxes are paid and collected a sum of money in lieu of taxes equal to the sum which would have been paid had the cottage site been held in private ownership, hereinafter called special benefits payments. The special benefits payments shall be computed by applying the millage levy of the district to the cottage site in the ordinary course to the assessed valuation of the property as determined by the county assessor of the county in which the cottage site is located. No special benefits payments shall be imposed prior to January 1, 1980. The cottage site lessee shall have such rights of protest, hearings and appeals with respect to the valuation of the cottage site for purposes of determining the special benefits payments as if such cottage site were held in private ownership.

It shall be the duty of the county assessor to establish the value of each cottage site as compared to like property upon the request, in writing, of the district.

(4) Each water and sewer district shall immediately notify the department issuing a cottage site lease of the failure of any cottage site lessee to connect to the district sewer system, or to pay any connection fee or charge, monthly rate, toll or charge, or any special benefits payments, all as required or provided for in subsection (3) of this section. Any such notification shall set forth the amount of any such fees, charges or payments which are delinquent.

(5) Approval, pursuant to the provisions of section 39-118, Idaho Code, by the department of environmental quality of the plans and specifications of a sewer system to be constructed, acquired, improved or extended by a water and sewer district shall, as to all cottage sites connected to the district sewer system, satisfy the requirements of section 39-3637, Idaho Code.

(6) The state of Idaho, its boards, agencies or departments, shall not be liable, directly or indirectly, for any connection fees and charges, monthly rates, tolls and charges, or special benefits payments charged to cottage site lessees beyond those fees or payments collected from new lessees pursuant to section 58-304A, Idaho Code, and placed in the revolving fund created by section 58-141A, Idaho Code.

History:

[(39-3635) 1970, ch. 191, sec. 2, p. 555; am. 1971, ch. 172, sec. 1, p. 810; am. 1974, ch. 23, sec. 158, p. 633; am. 1979, ch. 100, sec. 1, p. 242; am. and redesig. 1995, ch. 352, sec. 19, p. 1189; am. 2001, ch. 103, sec. 42, p. 286.]
Idaho Code § 39-5502 — Idaho Code / Title 39 / Chapter 55 / Section 39-5502
39-5502 DEFINITIONS.
Status: in_force

39-5502. Definitions. As used in this chapter:

(1) "Auditorium" means a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto.

(2) "Bar" means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where: (a) the service of food is incidental to the consumption of such beverages, or (b) no person under the age of twenty-one (21) years is permitted except as provided in section 23-943, Idaho Code, as it pertains to employees, musicians and singers, and all public entrances are clearly posted with signs warning patrons that it is a smoking facility and that persons under twenty-one (21) years of age are not permitted. "Bar" does not include any area within a restaurant.

(3) "Bar within a restaurant" means a bar that:

(a) Is physically isolated from all parts of the restaurant by solid floor to ceiling walls;

(b) Has a separate outside public entrance that is not shared with the restaurant;

(c) Does not have any windows that can be opened or doorways connecting it to the restaurant, either directly or through any public place, including lobbies, hallways, or passageways that the public uses. The bar may be connected through means not available for public use; and

(d) Does not require restaurant patrons to pass through the bar or any indoor public place connected to the bar to access restrooms or other facilities or accommodations of the restaurant.

(4) "Bowling alley" means a place of business with at least two (2) bowling lanes on its premises that is operated for public entertainment.

(5) "Educational facility" means any room, hall, or building that is used for instruction or is supportive of instruction, including classrooms, libraries, auditoriums, gymnasiums, lounges, study areas, restrooms, halls, registration areas, and bookstores of any private or public preschool, kindergarten, elementary school, junior high or intermediate school, high school, vocational school, college, or university.

(6) "Employer" means any person, partnership, limited liability company, association, corporation or nonprofit entity that employs one (1) or more persons, including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government.

(7) "Enclosed" means the space between a floor and ceiling being surrounded on all sides at any time by solid walls, windows, or similar structures, not including doors, that extend from the floor to the ceiling.

(8) "Incidental service of food" means only serving food that is low-risk and non-potentially hazardous food.

(9) "Indoor shopping mall" means an indoor facility located at least fifty (50) feet from any public street or highway and housing no less than ten (10) retail establishments.

(10) "Person in charge" or "proprietor" means any person, or agent of such person, who ultimately controls, governs, or directs the activities within a public place. The term does not mean the owner of the property unless such owner ultimately governs, controls, or directs the activities within the public place.

(11) "Public meeting" means all meetings open to the public.

(12) "Public place" means any enclosed indoor place of business, commerce, banking, financial service or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the public place have general and regular access or which the public uses including:

(a) Buildings, offices, shops or restrooms;

(b) Waiting rooms for means of transportation or common carriers;

(c) Restaurants;

(d) Theaters, auditoriums, museums or art galleries;

(e) Hospitals, libraries, indoor shopping malls, indoor sports arenas, concert halls, or airport passenger terminals, and within twenty (20) feet of public entrances and exits to such facilities;

(f) Public or private elementary or secondary school buildings and educational facilities and within twenty (20) feet of entrances and exits of such buildings or facilities;

(g) Retail stores, grocery stores or arcades;

(h) Barbershops, hair salons or laundromats;

(i) Sports or fitness facilities;

(j) Common areas of nursing homes, resorts, hotels, motels, bed and breakfast lodging facilities and other similar lodging facilities, including lobbies, hallways, restaurants and other designated dining areas and restrooms of any of these;

(k) Any child care facility subject to licensure under the laws of Idaho, including those operated in private homes, when any child cared for under that license is present;

(l) Public means of mass transportation, including vans, trains, taxicabs, airplanes, buses, boats, and limousines when passengers are present. The term does not include private noncommercial vehicles; and

(m) Any public place not exempted by section 39-5503, Idaho Code.

(13) "Publicly-owned building or office" means any enclosed indoor place or portion of a place owned, leased or rented by any state, county or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, municipal or county taxes.

(14) "Restaurant" means an eating establishment including, but not limited to, coffee shops, cafes, cafeterias, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within a restaurant.

(15) "Smoking" includes the possession of any lighted tobacco product in any form.

(16) "Smoking area" means a designated area in which smoking is permitted.

(17) "Tobacco products" means any substance that contains tobacco, including cigarettes, cigars, pipes, snuff, smoking tobacco, tobacco paper, or smokeless tobacco. It is presumed that a lighted cigarette, cigar, or pipe contains tobacco.

History:

[39-5502, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 2, p. 1167; am. 2025, ch. 64, sec. 1, p. 302.]