Idaho Code § 54-226 — Idaho Code / Title 54 / Chapter 2 / Section 54-226
54-226 INAPPLICABILITY OF CHAPTER.
Status: in_force

54-226. Inapplicability of chapter. (1) This chapter shall not be construed to prevent any person from rendering tax services, management advisory or consulting services, or from preparing financial statements without the expression of an opinion or an assurance.

(2) This chapter shall not be construed to prevent any person from stating that he has prepared, assembled or drafted a financial statement, provided he does not use any additional language which comprises an assurance.

(3) The prohibitions of section 54-221, Idaho Code, and the other provisions of this chapter shall not be construed to preclude the use of the following language by any person: "I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them."

History:

[54-226, added 1993, ch. 239, sec. 34, p. 845; am. 2003, ch. 14, sec. 7, p. 42.]
Idaho Code § 54-920 — Idaho Code / Title 54 / Chapter 9 / Section 54-920
54-920 LICENSING — LICENSE FEES — BIENNIAL RENEWAL OF LICENSES — LATE FEES AND RETURNED CHECKS — CLASSIFICATIONS OF LICENSES — RIGHTS OF LICENSEES — NOTIFICATION OF CHANGE OF ADDRESS.
Status: in_force

54-920. Licensing — License fees — Biennial renewal of licenses — Late fees and returned checks — Classifications of licenses — Rights of licensees — Notification of change of address. (1) Each person determined by the board as qualified for licensure under this chapter shall pay the prescribed biennial license fee to the board prior to issuance of a license. The board may prorate the amount of the license fee from the date of issuance of the license until the beginning date of the next applicable biennial licensing period at the discretion of the board. A license issued by the board shall expire unless renewed in the manner specified in section 67-2614, Idaho Code.

(2) The nonrefundable biennial license fees shall be fixed by the board, but shall not exceed the following amounts:

(a) Four hundred dollars ($400) for a dentist with an active status;

(b) Two hundred dollars ($200) for a dentist with an inactive status;

(c) Three hundred dollars ($300) for a dental therapist with an active status;

(d) One hundred fifty dollars ($150) for a dental therapist with an inactive status;

(e) Two hundred twenty dollars ($220) for a dental hygienist with an active status;

(f) One hundred twelve dollars ($112) for a dental hygienist with an inactive status; or

(g) Four hundred dollars ($400) for a dentist with a specialist status.

(3) A license issued by the board shall be renewed as prescribed in this section. Prior to the expiration of the effective period of a license, the board shall provide notice of renewal to the licensee's address of record on file with the board. To renew a dental license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to September 30 of every even-numbered calendar year. To renew a dental hygiene license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to March 31 of each odd-numbered calendar year. Each licensee determined by the board as qualified for renewal of a license shall be issued a license for the applicable biennial licensing period.

(4) Failure to timely submit a complete renewal application and license fee shall result in expiration of the license and termination of the licensee's right to practice. Failure to submit a complete renewal application, license fee and fifty dollar ($50.00) late fee within thirty (30) days of expiration of the license shall result in cancellation of the license.

(5) Any person who delivers a check or other payment to the board that is returned to the board unpaid by the financial institution upon which it was drawn shall pay to the board as an administrative cost, in addition to any other amount owing, the amount of fifty dollars ($50.00). Following notification by the board of the returned check or other payment, the person shall make payment of all moneys owing to the board by certified check or money order within thirty (30) days of the date of notification. A failure to submit the necessary remittance within the thirty (30) day period may result in the expiration of a license or constitute grounds for the board to deny, cancel, suspend or revoke a license.

(6) The board of dentistry may issue different classes of licenses as defined in this subsection.

(a) The term "license with active status" means a license issued by the board to a qualified person who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.

(b) The term "license with an inactive status" means a license issued by the board to a qualified person who is not authorized to be an active practitioner of dentistry, dental therapy, or dental hygiene in the state of Idaho. A person issued a license with an inactive status is not entitled to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.

(c) The terms "license with special status" and "license with provisional status" mean licenses issued by the board to a qualified person on a provisional, conditional, restricted or limited basis under the terms of which the licensee is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to conditions, limitations and requirements imposed by the board. The conditions, limitations and requirements imposed by the board may include, but are not limited to, a limitation on the effective period of the license, a requirement that specific conditions must be fulfilled in order for the license to remain effective, a requirement that specified education, examinations and skills testing be successfully completed during the effective period of the license, a restriction on the scope of permissible services that the licensee is authorized to perform, a restriction on the type of patients for whom treatment may be rendered and a restriction on the locations at which the licensee can perform authorized services.

(7)(a) The board may issue a license with active status to any qualified applicant or qualified licensee who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho. Renewal of a license with active status requires compliance with requirements specified in rule.

(b) The board may issue a license with inactive status to any qualified applicant or qualified licensee who fulfilled the licensure requirements but does not practice in the state of Idaho. Renewal of a license with inactive status requires compliance with requirements specified in rule.

(c) The board may issue a license with provisional status or special status to any person who fulfills, or substantially fulfills, the applicable licensure requirements when the board, acting in its discretion, determined that special circumstances existed which, for the protection of the public health, safety and welfare, required that specific conditions, restrictions or limitations be imposed on the license. A license with special status or provisional status entitles the holder thereof to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to the conditions, restrictions and limitations specifically determined by the board and for the period of time prescribed. A provisional license is effective for the period specified by the board and may not be renewed. The board shall develop rules to include definitions, application and renewal requirements, limitations of practice and other conditions regarding provisional and special status licenses.

(d) The board may convert a license with inactive status to a license with active status in the event the holder pays the license fee prescribed for licenses with active status and submits to the board satisfactory evidence of:

(i) Compliance with the requirements of this chapter and all rules promulgated under the provisions of this chapter;

(ii) Good professional conduct; and

(iii) Completion of accumulated continuing education as required of a license with uninterrupted active status.

(e) Persons unable to otherwise fully meet the requirements for conversion of an inactive status license to an active status license must apply as a first-time applicant.

(8) Each person licensed under this chapter shall notify the board in writing of any change in the person's name or address of record within thirty (30) days after the change has taken place.

History:

[54-920, added 1981, ch. 215, sec. 9, p. 394; am. 1986, ch. 35, sec. 6, p. 113; am. 1987, ch. 30, sec. 8, p. 42; am. 1990, ch. 425, sec. 3, p. 1176; am. 1991, ch. 15, sec. 3, p. 33; am. 1991, ch. 147, sec. 9, p. 353; am. 1994, ch. 58, sec. 20, p. 110; am. 2006, ch. 285, sec. 5, p. 875.; am. 2014, ch. 121, sec. 7, p. 347; am. 2015, ch. 56, sec. 1, p. 147; am. 2017, ch. 57, sec. 1, p. 88; am. 2019, ch. 221, sec. 11, p. 675; am. 2022, ch. 246, sec. 11, p. 795; am. 2024, ch. 86, sec. 7, p. 392.]
Idaho Code § 54-2603 — Idaho Code / Title 54 / Chapter 26 / Section 54-2603
54-2603 PLUMBING.
Status: in_force

54-2603. Plumbing. Plumbing means and includes the business, trade practice or work, materials and fixtures used in the design, construction, installation, improvement, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any plumbing system.

History:

[(54-2603) 1957, ch. 214, sec. 3, p. 454; redesignated as sec. 54-2603, 1984, ch. 123, sec. 3, p. 283.]
Idaho Code § 54-1857 — Idaho Code / Title 54 / Chapter 18 / Section 54-1857
54-1857 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
Status: in_force

54-1857. rulemaking functions of the interstate commission. (1) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.

(2) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.

(3) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.

History:

[54-1857, added 2015, ch. 105, sec. 1, p. 256.]
Idaho Code § 54-3004 — Idaho Code / Title 54 / Chapter 30 / Section 54-3004
54-3004 DISCIPLINARY PROCEEDINGS.
Status: in_force

54-3004. Disciplinary proceedings. Upon giving at least twenty (20) days' notice of its intended action, and affording the holder of a license an opportunity for a hearing to be conducted under the provisions of chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to renew, revoke or suspend the license of any landscape architect upon the following grounds:

(1) Fraud or deception in the application for or the procurement of a license or in passing any of the examinations prescribed by this chapter;

(2) Conviction of a felony by a court of competent jurisdiction;

(3) Gross negligence in the practice of landscape architecture;

(4) Fraud or deceit in the practice of landscape architecture;

(5) Willful violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.

The board may reinstate any revoked or suspended license upon such terms as it may impose.

An appeal of any order of the board may be taken to the district court of either Ada county or the county in which the applicant or licensee resides, in accordance with chapter 52, title 67, Idaho Code.

History:

[54-3004, added 1972, ch. 390, sec. 4, p. 771; am. 1993, ch. 216, sec. 87, p. 661; am. 2003, ch. 225, sec. 3, p. 584.]
Idaho Code § 54-5102 — Idaho Code / Title 54 / Chapter 51 / Section 54-5102
54-5102 SCOPE OF PRACTICE.
Status: in_force

54-5102. scope of practice. (1) Naturopathic medical doctors provide primary care, including but not limited to the following services:

(a) Naturopathic medical doctors may use physical and laboratory examinations consistent with naturopathic medical education and training for diagnostic purposes. Naturopathic medical doctors may order and perform diagnostic and imaging tests consistent with naturopathic medical education and training. All diagnostic and imaging tests not consistent with naturopathic medical education and training must be referred to an appropriately licensed health care professional for treatment and interpretation.

(b) Naturopathic medical doctors are authorized to dispense, administer, and prescribe prescription drugs and medical devices as authorized by the naturopathic medical formulary as set forth in rule.

(c) Naturopathic medical doctors may perform minor office procedures.

(d) Naturopathic medical doctors may perform those therapies for which they are trained and educated, consistent with the provisions of this chapter.

(e) Naturopathic medical doctors may admit patients to a hospital at which they are credentialed and privileged to do so.

(2) The practice of naturopathic medicine does not include the practice of obstetrics.

History:

[54-5102, added 2019, ch. 208, sec. 1, p. 635; am. 2024, ch. 61, sec. 31, p. 302.]
Idaho Code § 54-5608 — Idaho Code / Title 54 / Chapter 56 / Section 54-5608
54-5608 REQUIREMENTS FOR ISSUANCE OF A LICENSE.
Status: in_force

54-5608. REQUIREMENTS FOR ISSUANCE OF A LICENSE. In addition to such other information as the board may require by rule, each applicant under this act shall:

(1) Hold a master's degree or higher in genetics or a related field of study as approved by the board;

(2) Submit an application in the form prescribed by the board;

(3) Pay the fee determined by the board by rule; and

(4) Provide evidence satisfactory to the board of having successfully passed a nationally recognized competency examination approved by the board by rule.

History:

[54-5608, added 2015, ch. 128, sec. 1, p. 325.]
Idaho Code § 54-1234 — Idaho Code / Title 54 / Chapter 12 / Section 54-1234
54-1234 MONUMENTATION — PENALTY AND LIABILITY FOR DEFACING.
Status: in_force

54-1234. Monumentation — Penalty and liability for defacing. If any person shall willfully deface, injure or remove any signal, monument or other object set as a permanent boundary survey marker, benchmark or point set in control surveys by agencies of the United States government or the state of Idaho or set by a professional land surveyor or an agent of the United States government or the state of Idaho, he shall forfeit a sum not exceeding one thousand five hundred dollars ($1,500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.

History:

[(54-1234) 1919, ch. 31, sec. 5, p. 112; C.S., sec. 2247; I.C.A., sec. 53-2313; am. 1986, ch. 140, sec. 26, p. 396; am. 2008, ch. 378, sec. 24, p. 1044; am. 2011, ch. 136, sec. 12, p. 391; am. 2015, ch. 48, sec. 5, p. 106.]
Idaho Code § 54-5316 — Idaho Code / Title 54 / Chapter 53 / Section 54-5316
54-5316 VIOLATIONS AND PENALTIES.
Status: in_force

54-5316. Violations and penalties. Any person who shall practice or offer to practice as an LPG dealer or any person who shall operate or attempt to operate an LPG facility as defined in this chapter, without first having a valid and current and unsuspended license issued under the provisions of this chapter, shall be guilty of a misdemeanor and, for each violation, shall be subject to punishment by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months, or both.

History:

[(54-5316) 54-5116, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 23, p. 60.]
Idaho Code § 54-907 — Idaho Code / Title 54 / Chapter 9 / Section 54-907
54-907 STATE BOARD OF DENTISTRY ESTABLISHED.
Status: in_force

54-907. State board of dentistry established. There is hereby established in the division of occupational and professional licenses a state board of dentistry to be composed of nine (9) members, five (5) of whom shall be dentists, two (2) of whom shall be dental hygienists, one (1) of whom shall be a licensed denturist or, if a licensed denturist is not available for appointment, such other person whom shall be experienced in the making, fitting, constructing, altering, reproducing, or repairing of prosthetics, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of dental services. Board members shall be appointed by the governor and shall serve at the pleasure of the governor. The term of office of a member of the board shall be five (5) years, or until his successor has been named, whichever is later. A vacancy in membership of the board shall occur whenever the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy occurring for some reason other than expiration of term of office shall be made for the unexpired term that is being filled.

History:

[54-907, added 1967, ch. 312, sec. 4, p. 886; am. 1974, ch. 13, sec. 88, p. 138; am. 1981, ch. 215, sec. 4, p. 392; am. 1983, ch. 126, sec. 1, p. 321; am. 1990, ch. 425, sec. 1, p. 1174; am. 1991, ch. 147, sec. 2, p. 347; am. 1994, ch. 58, sec. 7, p. 102; am. 2002, ch. 82, sec. 1, p. 185; am. 2016, ch. 340, sec. 10, p. 936; am. 2021, ch. 222, sec. 8, p. 625; am. 2026, ch. 298, sec. 1, p. 1225.]
Idaho Code § 54-1418 — Idaho Code / Title 54 / Chapter 14 / Section 54-1418
54-1418 NURSE LICENSURE COMPACT.
Status: in_force

54-1418. nurse licensure compact. The terms and conditions of the nurse licensure compact are hereby enacted in substantially the following form:

NURSE LICENSURE COMPACT

ARTICLE I

FINDINGS AND DECLARATION OF PURPOSE

a. The party states find that:

1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;

2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;

3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;

4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;

5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and

6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.

b. The general purposes of this compact are to:

1. Facilitate the states' responsibility to protect the public's health and safety;

2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;

4. Promote compliance with the laws governing the practice of nursing in each jurisdiction;

5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;

6. Decrease redundancies in the consideration and issuance of nurse licenses; and

7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

ARTICLE IIDEFINITIONS

As used in this compact:

a. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.

b. "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.

c. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

d. "Current significant investigative information" means:

1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

f. "Home state" means the party state which is the nurse's primary state of residence.

g. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.

h. "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

i. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.

j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws.

k. "Party state" means any state that has adopted this compact.

l. "Remote state" means a party state, other than the home state.

m. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

n. "State" means a state, territory or possession of the United States and the District of Columbia.

o. "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

ARTICLE III

GENERAL PROVISIONS AND JURISDICTION

a. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.

b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.

c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

1. Meets the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

2. (i) Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or

(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;

3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;

4. Has successfully passed an NCLEX-RN® or NCLEX-PN® examination or recognized predecessor, as applicable;

5. Is eligible for or holds an active, unencumbered license;

6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;

7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;

8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

9. Is not currently enrolled in an alternative program;

10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and

11. Has a valid United States social security number.

d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.

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

g. Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that:

1. A nurse, who changes primary state of residence after this compact's effective date, must meet all applicable article III.c. requirements to obtain a multistate license from a new home state.

2. A nurse who fails to satisfy the multistate licensure requirements in article III.c. due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission of nurse licensure compact administrators ("commission").

ARTICLE IV

APPLICATIONS FOR LICENSURE IN A PARTY STATE

a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.

b. A nurse may hold a multistate license, issued by the home state, in only one (1) party state at a time.

c. If a nurse changes primary state of residence by moving between two (2) party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.

1. The nurse may apply for licensure in advance of a change in primary state of residence.

2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

d. If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.

ARTICLE V

ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

a. In addition to the other powers conferred by state law, a licensing board shall have the authority to:

1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state.

i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state.

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

2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state.

3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

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

5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.

6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.

7. Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.

b. If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.

c. Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.

ARTICLE VI

COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION

a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

b. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.

c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

h. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:

1. Identifying information;

2. Licensure data;

3. Information related to alternative program participation; and

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

i. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.

ARTICLE VII

ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

a. The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.

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

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

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

b. Membership, voting and meetings.

1. Each party state shall have and be limited to one (1) administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.

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

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

5. The commission may convene in a closed, nonpublic meeting if the commission must discuss:

i. Noncompliance of a party state with its obligations under this compact;

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

iii. Current, threatened or reasonably anticipated litigation;

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

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

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

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

viii. Disclosure of investigatory records compiled for law enforcement purposes;

ix. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or

x. Matters specifically exempted from disclosure by federal or state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

c. The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to:

1. Establishing the fiscal year of the commission;

2. Providing reasonable standards and procedures:

i. For the establishment and meetings of other committees; and

ii. Governing any general or specific delegation of any authority or function of the commission;

3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;

4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;

5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; and

6. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;

d. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.

e. The commission shall maintain its financial records in accordance with the bylaws.

f. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

g. The commission shall have the following powers:

1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;

2. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;

5. To cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space or other resources;

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

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

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

9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;

10. To establish a budget and make expenditures;

11. To borrow money;

12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;

13. To provide and receive information from, and to cooperate with, law enforcement agencies;

14. To adopt and use an official seal; and

15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.

h. Financing of the commission.

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

2. The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.

3. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, such party state.

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

i. Qualified immunity, defense and indemnification.

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

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

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

ARTICLE VIII

RULEMAKING

a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.

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

c. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

1. On the website of the commission; and

2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.

d. The notice of proposed rulemaking shall include:

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

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

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

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

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

f. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

g. The commission shall publish the place, time and date of the scheduled public hearing.

1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.

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

h. If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.

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

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

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

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

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

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

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

ARTICLE IX

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

a. Oversight.

1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.

2. The commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.

b. Default, technical assistance and termination.

1. If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and

ii. Provide remedial training and specific technical assistance regarding the default.

2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.

4. A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

5. The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state.

6. The defaulting state may appeal the action of the commission by petitioning the U.S. district court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.

c. Dispute resolution.

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

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

3. In the event the commission cannot resolve disputes among party states arising under this compact:

i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.

ii. The decision of a majority of the arbitrators shall be final and binding.

d. Enforcement.

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

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

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

ARTICLE X

EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior nurse licensure compact, superseded by this compact, ("prior compact"), shall be deemed to have withdrawn from said prior compact within six (6) months after the effective date of this compact.

b. Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.

c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

d. A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.

f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

g. Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.

ARTICLE XI

CONSTRUCTION AND SEVERABILITY

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

History:

[54-1418, added 2001, ch. 76, sec. 3, p. 187; repeal and new section added 2016, ch. 56, secs. 1 and 2, p. 165.]
Idaho Code § 54-3105 — Idaho Code / Title 54 / Chapter 31 / Section 54-3105
54-3105 CERTIFIED SHORTHAND REPORTERS BOARD — MEMBERS — TERM — APPOINTMENT.
Status: in_force

54-3105. Certified shorthand reporters board — Members — Term — Appointment. (1) There is hereby created in the division of occupational and professional licenses a state-certified shorthand reporters board of the state of Idaho which shall consist of five (5) members. Two (2) members of the board shall be certified shorthand reporters who have had at least five (5) years continuous experience immediately prior to their nomination as a freelance shorthand reporter or official court reporter. One (1) other member of the board shall be an Idaho district judge nominated by the Idaho supreme court. One (1) other member of the board shall be a member of the Idaho state bar and nominated by the Idaho state bar association. One (1) other member shall be a member of the public with an interest in the rights of consumers of shorthand reporter services.

(2) The members of the board shall hold office for terms of three (3) years each. Appointments to fill vacancies shall be for the unexpired term of such vacancies.

(3) Board members shall be appointed by and serve at the pleasure of the governor. The governor may consider recommendations for appointment to the board from the Idaho court reporters association and from any individual residing in this state. Each member of the board shall hold office for the specified term and until a successor is duly appointed by the governor.

History:

[54-3105, added 1974, ch. 110, sec. 6, p. 1255; am. 2008, ch. 68, sec. 5, p. 177; am. 2015, ch. 152, sec. 2, p. 542; am. 2016, ch. 340, sec. 35, p. 956; am. 2021, ch. 222, sec. 27, p. 643.]
Idaho Code § 54-1017 — Idaho Code / Title 54 / Chapter 10 / Section 54-1017
54-1017 VIOLATIONS OF ACT A MISDEMEANOR.
Status: in_force

54-1017. Violations of act a misdemeanor. Any person, partnership, company, firm, association, or corporation who shall engage in the trade, business or calling of an electrical contractor, residential electrician, journeyman electrician, master electrician, limited electrical installer, limited electrical contractor, limited electrical installer trainee or apprentice electrician without a license or required registration as provided for by this act, or who shall violate any of the provisions of this act or the rules of the Idaho electrical board or of the administrator of the division of occupational and professional licenses provided for in this chapter, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator shall be guilty of a misdemeanor. In addition, any such person, partnership, company, firm, association, or corporation shall be subject to the civil penalties established by administrative rule, but not to exceed three thousand dollars ($3,000) per violation. Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the first violation.

History:

[54-1017, added 1947, ch. 251, sec. 17, p. 681; am. 1961, ch. 311, sec. 18, p. 583; am. 1974, ch. 39, sec. 89, p. 1023; am. 1984, ch. 123, sec. 36, p. 297; am. 1996, ch. 421, sec. 49, p. 1435; am. 1999, ch. 169, sec. 2, p. 458; am. 1999, ch. 368, sec. 9, p. 974; am. 2000, ch. 39, sec. 3, p. 79; am. 2018, ch. 209, sec. 14, p. 478; am. 2023, ch. 15, sec. 43, p. 99; am. 2023, ch. 244, sec. 15, p. 757.]
Idaho Code § 54-916B — Idaho Code / Title 54 / Chapter 9 / Section 54-916B
54-916B DENTAL LICENSURE BY CREDENTIALS.
Status: in_force

54-916B. Dental licensure by credentials. The board may issue a license to practice dentistry without further examination upon evidence that:

(1) The applicant currently holds an active license in good standing to practice dentistry in another state with no disciplinary proceedings or unresolved complaints pending before the state's licensing board;

(2) The applicant has been in clinical practice at least five (5) years immediately preceding the date of application for a minimum of three thousand five hundred (3,500) hours;

(3) The applicant has graduated from a dental school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant's graduation;

(4) The applicant has successfully completed the national board dental examinations;

(5) The applicant has successfully completed a board-approved clinical examination; and

(6) The applicant has paid the application fee as set by board rule.

History:

[54-916B, added 1997, ch. 95, sec. 1, p. 224; am. 2014, ch. 121, sec. 5, p. 346; am. 2018, ch. 170, sec. 1, p. 378.]
Idaho Code § 54-5310 — Idaho Code / Title 54 / Chapter 53 / Section 54-5310
54-5310 POWERS AND DUTIES OF THE BOARD.
Status: in_force

54-5310. Powers and duties of the board. The powers and duties of the board are as follows, to:

(1) Authorize all disbursements necessary to carry out the provisions of this chapter;

(2) Approve and administer qualifying examinations to test the knowledge and competence of applicants for a license;

(3) Supervise the approval and issuance of licenses as provided in this chapter, and to license persons who apply to the board and who are qualified pursuant to this chapter;

(4) Renew licenses to persons who apply to the board and who are qualified pursuant to this chapter;

(5) Accept complaints and conduct investigations concerning alleged violations of the provisions of this chapter;

(6) Require and conduct inspections of facilities licensed pursuant to this chapter;

(7) Conduct disciplinary proceedings and take such action as may be appropriate for any violation of this chapter;

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

(9) Impose reasonable costs, investigative expenses and attorney's fees incurred in enforcing the provisions of this chapter upon a licensee found to have violated one (1) or more provisions of this chapter;

(10) Enforce all provisions of this chapter and board rules including, but not limited to, issuing subpoenas, and obtaining restraining orders and injunctions prohibiting conduct in violation of the provisions of this chapter; and

(11) Make and publish rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter. The rules relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, piping, containers, apparatus or appliances shall be just and reasonable and shall conform, except as established by board rule, to the standards of the LPG code relating to the design, construction, installation and use of systems, piping, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

History:

[(54-5310) 54-5110, added 2005, ch. 143, sec. 1, p. 446; am. and redesig. 2006, ch. 16, sec. 17, p. 56; am. 2022, ch. 94, sec. 68, p. 327.]
Idaho Code § 54-5510 — Idaho Code / Title 54 / Chapter 55 / Section 54-5510
54-5510 DISCLOSURE AND RECORDKEEPING — LICENSE RENEWAL.
Status: in_force

54-5510. disclosure and recordkeeping — license renewal. (1) Before initiating care, a licensed midwife shall obtain a signed informed consent agreement from each client, acknowledging receipt, at a minimum, of the following:

(a) The licensed midwife's training and experience;

(b) Instructions for obtaining a copy of the rules adopted by the board pursuant to this chapter;

(c) Instructions for obtaining a copy of the NACPM essential documents and NARM job description;

(d) Instructions for filing complaints with the board;

(e) Notice of whether or not the licensed midwife has professional liability insurance coverage;

(f) A written protocol for emergencies, including hospital transport, that is specific to each individual client;

(g) A description of the procedures, benefits, and risks of home birth, primarily those conditions that may arise during delivery; and

(h) Any other information required by board rule.

(2) All licensed midwives shall maintain a record of all signed informed consent agreements for each client for a minimum of nine (9) years after the last day of care for such client.

(3) Before providing care for a client who has a history of disorders, diagnoses, conditions, or symptoms identified in section 54-5504(1)(c)(ii), Idaho Code, the licensed midwife shall provide written notice to the client that the client must obtain care from a physician licensed pursuant to chapter 18, title 54, Idaho Code, as a condition to her eligibility to obtain maternity care from the licensed midwife. Before providing care for a client who has a history of disorders, diagnoses, conditions, or symptoms identified in section 54-5504(1)(c)(iii), Idaho Code, or who has had a previous cesarean section, the licensed midwife shall provide written notice to the client that the client is advised to consult with a physician licensed pursuant to chapter 18, title 54, Idaho Code, during her pregnancy. The midwife shall obtain the client's signed acknowledgment of receipt of said notice.

(4) Any licensed midwife submitting an application to renew a license shall compile and submit to the board complete practice data for the calendar year preceding the date of the application. Such information shall be provided in form and content as prescribed by rule of the board and shall include but not be limited to:

(a) The number of clients to whom care has been provided by the licensed midwife;

(b) The number of deliveries performed by the licensed midwife;

(c) The apgar scores of the infants delivered by the licensed midwife;

(d) The number of prenatal transfers;

(e) The number of transfers during labor, during delivery, and immediately following birth;

(f) Any perinatal deaths; and

(g) Other morbidity statistics as required by the board.

History:

[54-5510, added 2024, ch. 59, sec. 2, p. 285; am. 2026, ch. 73, sec. 3, p. 315.]
Idaho Code § 54-403 — Idaho Code / Title 54 / Chapter 4 / Section 54-403
54-403 AGENTS, EMPLOYEES AND INSPECTORS.
Status: in_force

54-403. Agents, employees and inspectors. (1) The commission shall contract with the division of occupational and professional licenses to act as the board's agent and employ such employees and inspectors as may be necessary to provide the required administrative, investigative, legal and fiscal services and otherwise administer the provisions of this chapter.

(2) The commissioner may appoint up to five (5) deputy state athletic commissioners who shall be assigned such duties and given such authority as designated by the commissioner. Deputy commissioners shall serve at the discretion of the commissioner and may be appointed for a term not to exceed the tenure of the commissioner. Deputy commissioners shall be entitled to an honorarium as provided in section 59-509(n), Idaho Code.

(3) No less than one (1) commissioner or deputy commissioner or agent of the commission shall be present at any contest or exhibition held under the provisions of this chapter. Such agents shall carry official identification evidencing their authority. It shall be their duty to see that all rules of the commission and the provisions of this chapter are strictly complied with and to be present at the accounting of the gross receipts of any contest or exhibition, and such agent is authorized to receive from the licensee conducting the contest or exhibition the statement of gross receipts herein provided for and to immediately transmit such reports to the commission.

History:

[54-403, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 4, p. 1151; am. 2007, ch. 149, sec. 3, p. 447; am. 2022, ch. 94, sec. 10, p. 290.]
Idaho Code § 54-3717 — Idaho Code / Title 54 / Chapter 37 / Section 54-3717
54-3717 OCCUPATIONAL THERAPY LICENSURE BOARD OF IDAHO — POWERS AND DUTIES.
Status: in_force

54-3717. Occupational Therapy licensure board of idaho — Powers and duties. (1) The licensure board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter, and may issue subpoenas, examine witnesses, and administer oaths, and may investigate practices that are alleged to violate the provisions of this chapter.

(2) The licensure board shall adopt rules and regulations, pursuant to chapter 52, title 67, Idaho Code, relating to professional conduct to carry out the policy of this chapter including, but not limited to, regulations relating to professional licensure and to the establishment of ethical standards of practice, disciplinary proceedings, license suspension proceedings, or license revocation proceedings for persons holding a license to practice occupational therapy in this state.

(3) The licensure board shall hold meetings, conduct hearings and keep records and minutes as are necessary to carry out its functions.

(4) Authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interests as set out in the written agreement.

(5) Communicate disciplinary actions to relevant state and federal authorities, the national board for certification in occupational therapy (NBCOT), the American occupational therapy association (AOTA) and to other state occupational licensing authorities.

(6) Adopt rules requiring continuing education for the renewal of a license.

History:

[(54-3717) 54-3714, added 1987, ch. 69, sec. 1, p. 128; am. and redesig. 2009, ch. 222, sec. 17, p. 700; am. 2019, ch. 40, sec. 5, p. 108; am. 2022, ch. 94, sec. 54, p. 319.]
Idaho Code § 54-1738 — Idaho Code / Title 54 / Chapter 17 / Section 54-1738
54-1738 PROOF THAT A DRUG IS A PRESCRIPTION DRUG OR LEGEND DRUG — COMMON NUISANCE.
Status: in_force

54-1738. Proof that a drug is a prescription drug or legend drug — common nuisance. (1) The following shall constitute prima facie evidence in any criminal or civil proceeding in this state that a drug is a prescription drug or legend drug:

(a) In the case of a drug for which a new drug application was submitted to the United States food and drug administration, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records show that the new drug application was approved, setting forth the date of approval, and further stating that the records show that proposed labeling for the drug which includes the legend "Caution: Federal law prohibits dispensing without a prescription" was approved. The affidavit shall be accompanied by a certificate that such officer has the custody.

(b) In the case of a drug for which the United States food and drug administration does not require an approved new drug application as a condition for marketing the drug, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records reflect that the drug meets the criteria of federal law to be regarded as a prescription drug and is required to bear the legend "Caution: Federal law prohibits dispensing without a prescription." The affidavit shall be accompanied by a certificate that such officer has the custody.

(c) In the case of a drug designated a prescription drug by action of the state board of pharmacy, independently of federal law, the affidavit of an officer having legal custody of the records of the state board of pharmacy stating that such records show that the drug has been denominated a prescription drug, to which shall be attached a copy of the official document evidencing such action. The affidavit shall be accompanied by a certificate that such officer has the custody.

(2) This section does not prevent proof that a drug is a prescription or legend drug by any method authorized by any applicable statute, rule of procedure or rule of evidence.

(3) Any store, shop, warehouse, dwelling house, apartment, building, vehicle, boat, aircraft, or any place whatsoever used by any person for the purpose of unlawfully using any legend drug, or used for the unlawful keeping or selling of the same, is a common nuisance. No person shall keep or maintain such a common nuisance or frequent or visit such place knowing that it is used for any such purpose.

History:

[54-1738, added 1979, ch. 131, sec. 3, p. 424; am. 2018, ch. 37, sec. 16, p. 94; am. 2025, ch. 93, sec. 40, p. 436.]
Idaho Code § 54-2703 — Idaho Code / Title 54 / Chapter 27 / Section 54-2703
54-2703 REQUIREMENTS FOR PURCHASING OR RECEIVING METAL PROPERTY FROM THE GENERAL PUBLIC.
Status: in_force

54-2703. REQUIREMENTS FOR PURCHASING OR RECEIVING METAL PROPERTY FROM THE GENERAL PUBLIC. (1) No scrap metal business may enter into a transaction to purchase or receive nonferrous metal property or stainless steel from any person who cannot produce identification as described in section 54-2702(1)(e), Idaho Code.

(2) No scrap metal business may purchase or receive commercial metal property unless the seller: (a) Has a commercial account with the scrap metal business; (b) can prove ownership of the property by producing written documentation that the seller is the owner of the property; or (c) can produce written documentation that the seller is an employee or agent authorized to sell the property on behalf of a commercial enterprise.

(3) No scrap metal business may enter into a transaction to purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the seller can produce written proof to the scrap metal business that the wire was lawfully burned or lawfully recovered from a burned structure.

(4) No scrap metal business may purchase or receive beer kegs from anyone except a distributor or manufacturer of beer kegs or licensed brewery.

History:

[54-2703, added 2009, ch. 152, sec. 2, p. 443.]
Idaho Code § 54-2047 — Idaho Code / Title 54 / Chapter 20 / Section 54-2047
54-2047 DISPUTED EARNEST MONEY.
Status: in_force

54-2047. Disputed earnest money. (1) Any time more than one (1) party to a transaction makes demand on funds or other consideration for which the broker is responsible, such as, but not limited to, earnest money deposits, the broker shall:

(a) Notify each party, in writing, of the demand of the other party; and

(b) Keep all parties to the transaction informed of any actions by the broker regarding the disputed funds or other consideration, including retention of the funds by the broker until the dispute is properly resolved.

(2) The broker may reasonably rely on the terms of the purchase and sale agreement or other written documents signed by both parties to determine how to disburse the disputed money and may, at the broker's own discretion, make such disbursement. Discretionary disbursement by the broker based on a reasonable review of the known facts is not a violation of license law, but may subject the broker to civil liability.

(3) If the broker does not believe it is reasonably possible to disburse the disputed funds, the broker may hold the funds until ordered by a court of proper jurisdiction to make a disbursement. The broker shall give all parties written notice of any decision to hold the funds pending a court order for disbursement.

History:

[54-2047, added 2000, ch. 285, sec. 3, p. 937.]
Idaho Code § 54-5211 — Idaho Code / Title 54 / Chapter 52 / Section 54-5211
54-5211 REGISTRATION — INACTIVE STATUS — RENEWAL.
Status: in_force

54-5211. Registration — inactive status — Renewal. (1) A registration shall be issued for a period of not less than twenty-four (24) months nor more than five (5) years, as determined by the board. Each registration shall set forth its expiration date on the face of the certificate. No less than thirty (30) days prior to the expiration of such registration, the board shall notify a registered contractor that such registration is set to expire.

(2) A registered contractor in this state who is not engaging in business as a contractor as defined in this chapter may be issued an inactive registration. The registered contractor must submit the fee set by board rule and a written request for an inactive registration. Each inactive registration shall be issued for a period of twenty-four (24) months. A registered contractor holding an inactive registration may not engage in business as a contractor in this state and does not need to keep current insurance coverage as required by this chapter. A registered contractor wishing to convert an inactive registration to an active registration must pay the fee as defined by board rule and provide proof of current insurance coverage as required by this chapter.

(3) Reinstatement of a lapsed registration shall require the payment of a renewal fee and reinstatement fee in accordance with the administrative rules adopted by the board. The failure of any registered contractor to renew his registration as required herein and by the administrative rules of the board shall not deprive such person of the right to renewal upon subsequent application for registration and payment of the required board fees.

History:

[54-5211, added 2005, ch. 153, sec. 1, p. 477; am. 2020, ch. 320, sec. 1, p. 919; am. 2024, ch. 86, sec. 46, p. 417.]
Idaho Code § 54-3718 — Idaho Code / Title 54 / Chapter 37 / Section 54-3718
54-3718 GROUNDS FOR UNPROFESSIONAL CONDUCT.
Status: in_force

54-3718. grounds for unprofessional conduct. The board may take disciplinary action against a licensee for unprofessional conduct including:

(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;

(2) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;

(3) Being convicted of a crime in any court except for minor offenses;

(4) Violating any lawful order, rule or regulation rendered or adopted by the board;

(5) Violating any provision of this chapter or rules promulgated pursuant to this chapter;

(6) Practicing beyond the scope of the practice of occupational therapy;

(7) Providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;

(8) Providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist regardless of whether actual injury to the client is established;

(9) Failing to provide appropriate supervision to an occupational therapy assistant or aide in accordance with this chapter and board rules;

(10) Practicing as an occupational therapist or occupational therapy assistant when competent services to recipients may not be provided due to the therapist's own physical or mental impairment;

(11) Having an occupational therapist or occupational therapy assistant license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, irrespective of intervening appeals and stays;

(12) Engaging in sexual misconduct. For the purposes of this subsection, sexual misconduct includes:

(a) Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an occupational therapist or occupational therapy assistant/client relationship exists with that person;

(b) Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with a client or clients;

(13) Aiding or abetting a person who is not licensed as an occupational therapist or occupational therapy assistant in this state and who directly or indirectly performs activities requiring a license;

(14) Abandoning or neglecting a client or clients under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care.

History:

[54-3718, added 2009, ch. 222, sec. 18, p. 700.]
Idaho Code § 54-1018 — Idaho Code / Title 54 / Chapter 10 / Section 54-1018
54-1018 SEPARABILITY.
Status: in_force

54-1018. Separability. If any clause, sentence, section, provision or part of this act shall be adjudged to be unconstitutional or invalid for any reason, by any court of competent jurisdiction, such judgment shall not impair, affect or invalidate the remainder of this act which shall remain in full force and effect thereafter.

History:

[54-1018, added 1947, ch. 251, sec. 18, p. 681.]
Idaho Code § 54-5015 — Idaho Code / Title 54 / Chapter 50 / Section 54-5015
54-5015 EXCLUSIVE JURISDICTION OF THE STATE — RESTRICTION ON REQUIREMENT FOR ADDITIONAL LICENSES OR FEES — CLARIFICATION OF CERTIFICATION, LICENSING AND PERMITTING REQUIREMENTS.
Status: in_force

54-5015. Exclusive jurisdiction of the state — Restriction on requirement for additional licenses or fees — Clarification of certification, licensing and permitting requirements. (1) Only the administrator of the division of occupational and professional licenses of the state of Idaho is authorized and empowered to conduct examinations and to pass upon the qualifications of applicants, and to grant and issue certificates of competency and registration of apprentices to such applicants as are found to be qualified to engage in the trade, business, work or practice of heating, ventilation and air conditioning.

(2) No local jurisdiction shall have the authority to require additional certification or registration or to require payment of any fees in order for any HVAC contractor, specialty contractor, journeyman, specialty journeyman, apprentice, or specialty apprentice to engage in the heating, ventilation and air conditioning trade within the local jurisdiction or to issue certificates to persons certified or registered under the provisions of this chapter.

(3) Nothing in this chapter shall restrict a city or county from imposing stricter public safety rules, notwithstanding any provision of Idaho Code.

(4) A certificate issued pursuant to chapter 26, title 54, Idaho Code, or a license issued pursuant to chapter 10, title 54, Idaho Code, shall be acceptable for all HVAC installation work that falls within the scope of the certificate or license that has been issued. This will allow:

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

(b) Individuals holding a current HVAC or electrical license to install:

(i) Electrical space heaters with no attached ductwork;

(ii) Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and

(iii) Ventilating fans, except ducted range hoods in residences;

(c) Individuals holding either an HVAC certification or plumbing certification to install:

(i) Boilers that are not otherwise subject to inspection by the industrial commission or its authorized agent;

(ii) Fuel piping;

(iii) Piping for hydronic systems; and

(iv) Piping for steam and hot water boiler systems;

(d) HVAC licensees to install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity.

(5) Notwithstanding any other provision of this section, plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage.

History:

[54-5015, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 10, p. 864; am. 2007, ch. 197, sec. 6, p. 601; am. 2013, ch. 101, sec. 1, p. 242; am. 2023, ch. 15, sec. 68, p. 112.]
Idaho Code § 54-1604 — Idaho Code / Title 54 / Chapter 16 / Section 54-1604
54-1604 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS.
Status: in_force

54-1604. IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS. (1) There is hereby established in the division of occupational and professional licenses the Idaho board of long-term care administrators.

(2) The board shall oversee both nursing home and residential care facility administrators.

(3) The board shall consist of five (5) members and shall be composed of one (1) duly licensed nursing home administrator, one (1) duly licensed residential care facility administrator, one (1) member from any other profession, agency, or institution concerned with the care of individuals who are chronically ill or infirm or individuals requiring assistance with daily activities, one (1) licensed nurse from the nursing profession, and one (1) member representative of the public at large. No more than two (2) members of the board shall be officials or full-time employees of state or local governments, except that they may be administrators of publicly owned nursing homes.

(4) The term of office for each member of the board shall be four (4) years, and all board members shall serve at the pleasure of the governor.

(5) Appointments to the board shall be made by the governor, who may consider recommendations for appointment from any organized and generally recognized group concerned with long-term care administration and from any individual residing in this state.

(6) Members of the board shall hold office until the expiration of the term to which the member was appointed and until a successor has been duly appointed.

(7) Members of the board shall be compensated as provided by section 59-509(p), Idaho Code.

(8) The board shall elect annually from its membership a chair and vice chair. The board shall hold one (1) or more meetings each year. A majority of the board membership shall constitute a quorum.

(9) The board shall exercise its powers and perform its duties and functions as specified by this chapter.

(10) The board may, by written agreement, authorize the division of occupational and professional licenses to act in its interest.

History:

[54-1604, added 2025, ch. 98, sec. 3, p. 533.]
Idaho Code § 54-1831 — Idaho Code / Title 54 / Chapter 18 / Section 54-1831
54-1831 SHORT TITLE.
Status: in_force

54-1831. Short title. This act shall be known as the "Disabled Physician and Physician Assistant Act."

History:

[54-1831, added 1976, ch. 290, sec. 1, p. 1000; am. 2019, ch. 26, sec. 20, p. 69.]
Idaho Code § 54-3410 — Idaho Code / Title 54 / Chapter 34 / Section 54-3410
54-3410 CONFIDENTIAL COMMUNICATION.
Status: in_force

54-3410. Confidential communication. Confidentiality of communication between any person licensed under this chapter and client shall be privileged from disclosure as provided in section 9-203, Idaho Code, with the exception of the board review as provided in section 54-3404, Idaho Code.

History:

[(54-3410) 54-3410A, added 1998, ch. 413, sec. 6, p. 1305; am. and redesig. 2001, ch. 71, sec. 10, p. 150; am. 2012, ch. 68, sec. 11, p. 198.]
Idaho Code § 54-1415 — Idaho Code / Title 54 / Chapter 14 / Section 54-1415
54-1415 EXISTING LICENSES.
Status: in_force

54-1415. Existing licenses. Any person holding a license to practice nursing in this state on March 23, 1977, shall be recognized as licensed hereunder and shall be subject to all provisions of this act. The rules of the board in effect at the time of enactment of this act, and the fees fixed by the statute repealed by this act shall remain in full force and effect until the board has adopted supplemental rules pursuant to this act.

History:

[(54-1415) added 1977, ch. 132, sec. 2, p. 287; am. and redesig. 1998, ch. 118, sec. 12, p. 445.]
Idaho Code § 54-4113 — Idaho Code / Title 54 / Chapter 41 / Section 54-4113
54-4113 FEES — ISSUANCE OF LICENSES OR CERTIFICATES.
Status: in_force

54-4113. Fees — Issuance of licenses or certificates. (1) Every person applying for examination or reexamination under this chapter shall pay a fee equal to that charged by the national examining entity. If the result of the examination of any applicant shall be satisfactory to the board, under its rules, it shall issue to such applicant a license or certificate setting forth the fact that he is a state-licensed or state-certified real estate appraiser and authorized to practice his profession in this state. The fee for obtaining a license or certificate under the provisions of this chapter shall be an amount not to exceed five hundred dollars ($500). The annual fee for renewal or reinstatement of a license or certificate shall be an amount not to exceed five hundred dollars ($500), which shall be paid to the division of occupational and professional licenses. The board shall adopt all fees by rule.

(2) In addition to those fees described in this chapter, the board may collect from applicants for licensure or certification and holders of state licenses or certificates of appraisal and remit to the appropriate agency or instrumentality of the federal government any additional fees as may be required to render Idaho state-licensed residential, state-certified residential and general real estate appraisers eligible to perform appraisals in connection with federally related transactions.

(3) In addition to those fees described in this chapter, the board may collect from an applicant for appraisal management company registration and from a registered appraisal management company and remit to the appropriate agency or instrumentality of the federal government any additional fees required to provide appraisal management services in connection with federally related transactions.

(4) The board may collect continuing education provider application fees in an amount not to exceed one hundred dollars ($100) as established by board rule.

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

History:

[54-4113, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 12, p. 289; am. 2008, ch. 108, sec. 2, p. 307; am. 2011, ch. 84, sec. 1, p. 175; am. 2017, ch. 183, sec. 1, p. 422; am. 2020, ch. 104, sec. 2, p. 279; am. 2021, ch. 224, sec. 67, p. 684; am. 2022, ch. 94, sec. 58, p. 320.]
Idaho Code § 54-5714 — Idaho Code / Title 54 / Chapter 57 / Section 54-5714
54-5714 INTERSTATE TELEHEALTH — MENTAL AND BEHAVIORAL HEALTH.
Status: in_force

54-5714. Interstate Telehealth — mental and behavioral health. (1) For purposes of this section, a mental or behavioral health provider is a provider pursuant to section 54-5703(4), Idaho Code, who is licensed or registered in another state, district, or territory of the United States to practice mental or behavioral health care.

(2) A mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or person located in Idaho, notwithstanding any provision of law or rule to the contrary, pursuant to the requirements and limitations of this section.

(3) In addition to the other requirements of this section, a mental or behavioral health provider who engages in interstate telehealth services pursuant to this section must:

(a) Hold current, valid, and unrestricted licensure from an applicable health care licensing authority in a state, district, or territory of the United States that has substantially similar requirements for licensure as the corresponding Idaho licensing authority;

(b) Not be subject to any past or pending disciplinary proceedings, excluding any action related to nonpayment of fees related to a license;

(c) Act in full compliance with all applicable laws, rules, and regulations, including this chapter and laws and rules of the applicable Idaho licensing authority regarding such mental or behavioral health care practice;

(d) Act in compliance with any existing Idaho requirements regarding the maintenance of liability insurance;

(e) Consent to Idaho jurisdiction; and

(f) Biennially register in Idaho to provide telehealth services.

(4) The standard of care under this section shall be the Idaho community standard of care.

(5) A mental or behavioral health provider who fails to comply with applicable Idaho laws, rules, and regulations shall be subject to investigation and disciplinary action by an applicable Idaho licensing authority. Disciplinary action may include but is not limited to revoking the mental or behavioral health provider's Idaho practice privileges, referring the matter to licensing authorities in any states where the mental or behavioral health provider possesses licensure, and civil penalties.

(6) Venue for a civil or administrative action initiated by a licensing authority or by a patient who receives telehealth services from an out-of-state mental or behavioral health provider shall be located in the patient's county of residence or in any applicable county in Idaho.

(7) Nothing in this section shields a mental or behavioral health provider from personal jurisdiction in Idaho.

(8) Nothing in this section shields a mental or behavioral health provider from the requirements of the health insurance portability and accountability act of 1996.

(9) A licensing authority responsible for issuing licenses to provide mental or behavioral health care services in this state shall register interstate telehealth providers pursuant to this section.

(10) A licensing authority shall require an applicant for an Idaho registration to complete an application in a form prescribed by the licensing authority that demonstrates to the licensing authority that the applicant is in compliance with the provisions of this section and that such applicant consents to the requirements of this section. The licensing authority may establish an application registration fee not to exceed thirty-five ($35.00) dollars.

(11) If a licensing authority finds that grounds for discipline against a registered provider exist, such licensing authority:

(a) May impose upon the practice privileges of the registration holder any of the penalties that such licensing authority is authorized to impose;

(b) Shall promptly notify licensing authorities in any state where a provider possesses licensure of any action taken against the telehealth registration practice privileges of a licensee pursuant to this section; and

(c) May bring a civil or administrative action against such provider pursuant to subsection (6) of this section.

(12) The registration provided for in this section is not equivalent to Idaho licensure for purposes of in-person services and shall not permit a registrant to provide any in-person services in Idaho. The registration cannot be used as a basis for reciprocal licensure or full licensure in Idaho.

History:

[54-5714, added 2023, ch. 142, sec. 1, p. 391.]
Idaho Code § 54-1236 — Idaho Code / Title 54 / Chapter 12 / Section 54-1236
54-1236 EXCLUSIVE JURISDICTION OF THE STATE — RESTRICTION ON REQUIREMENT FOR ADDITIONAL LICENSES OR FEES.
Status: in_force

54-1236. Exclusive jurisdiction of the state — Restriction on requirement for additional licenses or fees. (1) Only the board of licensure of professional engineers and professional land surveyors of the state of Idaho is authorized and empowered to issue licenses to persons to practice the profession of engineering or land surveying.

(2) No local jurisdiction shall have the authority to require additional licensure or to require payment of any fees in order for any professional engineer or professional land surveyor to engage in the practice of the profession for which the board has issued a license.

History:

[54-1236, added 2004, ch. 84, sec. 5, p. 319; am. 2008, ch. 378, sec. 26, p. 1046.]
Idaho Code § 54-1850 — Idaho Code / Title 54 / Chapter 18 / Section 54-1850
54-1850 COORDINATED INFORMATION SYSTEM.
Status: in_force

54-1850. coordinated information system. (1) The interstate commission shall establish a database of all physicians licensed or who have applied for licensure under the compact.

(2) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.

(3) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.

(4) Member boards may report any nonpublic complaint, disciplinary or investigatory information not required by subsection (3) of this section to the interstate commission.

(5) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(6) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory or disciplinary matters.

(7) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

History:

[54-1850, added 2015, ch. 105, sec. 1, p. 251.]
Idaho Code § 54-1130 — Idaho Code / Title 54 / Chapter 11 / Section 54-1130
54-1130 SCOPE AND EXCEPTIONS.
Status: in_force

54-1130. Scope and exceptions. (1) Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services.

(2) Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to:

(a) Agreements to sell or sales made for rights of interment or entombment in a cemetery section, lawn crypt section, mausoleum or columbarium that are in existence at the time of initial payment on the contract; or

(b) Agreements to sell or sales made for monuments and grave markers that will be delivered and installed upon performance of payment.

History:

[54-1130, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 9, p. 748.]
Idaho Code § 54-5307 — Idaho Code / Title 54 / Chapter 53 / Section 54-5307
54-5307 QUALIFICATIONS FOR A DEALER'S LICENSE.
Status: in_force

54-5307. Qualifications for a dealer's license. Except as herein otherwise provided, the following shall be considered minimum requirements for a dealer's license. All applicants shall:

(1) Provide verification acceptable to the board of:

(a) Being at least eighteen (18) years of age; and

(b) Never having had a license revoked or otherwise sanctioned as part of disciplinary action from this or any other state; and

(c) Never having been convicted of, found guilty of, or received a withheld judgment or suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and

(d) Never having been found by the board to have engaged in conduct prohibited by this chapter.

The board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for a license.

(2) Provide documentation satisfactory to the board that the applicant has successfully completed a certified educational training program approved by the board.

(3) Provide documentation satisfactory to the board that the applicant has successfully completed such experience as may be required by the board.

(4) Provide documentation that the applicant has successfully passed an examination approved by the board.

(5) Prior to July 1, 2006, the board may deem other education, experience, or examinations equivalent to the licensing requirements set forth in this chapter, provided that the board is satisfied, and the applicant provides documentation acceptable to the board that such applicant has:

(a) Documented experience in this state prior to July 1, 2005, in the LPG industry; and

(b) Practiced for not less than five (5) years in the field for which such applicant is applying for a license; and

(c) Applied for a license prior to July 1, 2006.

History:

[(54-5307) 54-5107, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 14, p. 54; am. 2020, ch. 175, sec. 38, p. 544; am. 2022, ch. 246, sec. 33, p. 809.]
Idaho Code § 54-1003 — Idaho Code / Title 54 / Chapter 10 / Section 54-1003
54-1003 ADMINISTRATOR AUTHORITY.
Status: in_force

54-1003. Administrator authority. (1) Only the administrator of the division of occupational and professional licenses of the state of Idaho is authorized and empowered to conduct examinations and to pass upon the qualifications of applicants and to grant and issue licenses or registrations to such applicants as are found to be qualified to engage in the trade, business, or calling of a residential electrician, journeyman electrician, electrical contractor, master electrician, provisional journeyman electrician, limited electrical installer, limited electrical contractor, limited electrical installer trainee or apprentice electrician in the manner and upon the terms and conditions hereinafter provided.

(2) No licenses or registrations granted hereunder shall be transferable. Licenses and registrations shall be issued upon the condition that the holder thereof shall comply with all provisions of this chapter.

(3) The administrator of the division of occupational and professional licenses is authorized to impose civil penalties as provided in this chapter.

History:

[54-1003, added 1947, ch. 251, sec. 3, p. 681; am. 1961, ch. 311, sec. 5, p. 583; am. 1974, ch. 39, sec. 80, p. 1023; am. 1986, ch. 296, sec. 2, p. 743; am. 1996, ch. 421, sec. 41, p. 1431; am. 1997, ch. 397, sec. 2, p. 1259; am. 1999, ch. 99, sec. 2, p. 312; am. 1999, ch. 367, sec. 2, p. 969; am. 2000, ch. 242, sec. 1, p. 676; am. 2018, ch. 208, sec. 4, p. 462; am. 2018, ch. 209, sec. 2, p. 469; am. 2019, ch. 292, sec. 2, p. 866; am. 2023, ch. 15, sec. 36, p. 94; am. 2023, ch. 244, sec. 5, p. 746.]
Idaho Code § 54-309 — Idaho Code / Title 54 / Chapter 3 / Section 54-309
54-309 QUALIFICATIONS FOR LICENSURE.
Status: in_force

54-309. qualifications for licensure. (1) An applicant shall be eligible to be licensed as an architect if the applicant:

(a) Passes all examination divisions of the architectural registration examination (ARE) or an examination that is approved by the board; and

(b) Has completed an architectural experience program deemed satisfactory to the board indicating that the applicant is competent to practice architecture.

(2) A person is eligible to take the ARE if that person:

(a) Holds a professional degree in architecture from a program that is accredited by the national architectural accrediting board or that is approved by the board; and

(b) Has started or completed an architectural experience program deemed satisfactory to the board.

(3) In lieu of holding a professional degree in architecture as required by subsection (2)(a) of this section, an applicant may provide to the board satisfactory evidence of knowledge and skill approximating that attained through graduation from an approved architectural curriculum by showing a specific record of eight (8) or more years of experience in architectural work of a character deemed satisfactory to the board. This experience may also include that necessary to satisfy the architectural work experience program requirements of subsections (1)(b) and (2)(b) of this section.

History:

[54-309, added 2018, ch. 129, sec. 2, p. 274.]
Idaho Code § 54-1847 — Idaho Code / Title 54 / Chapter 18 / Section 54-1847
54-1847 APPLICATION AND ISSUANCE OF EXPEDITED LICENSE.
Status: in_force

54-1847. application and issuance of expedited license. (1) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(2) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility to the interstate commission.

(a) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where the primary source is already verified by the state of principal license.

(b) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.

(c) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(3) Upon verification of eligibility pursuant to subsection (2) of this section, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (1) of this section, including the payment of any applicable fees.

(4) Upon verification of eligibility pursuant to subsection (2) of this section and any payment of fees pursuant to subsection (3) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.

(5) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(6) An expedited license obtained though the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason without redesignation of a new state of principal licensure.

(7) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

History:

[54-1847, added 2015, ch. 105, sec. 1, p. 250.]
Idaho Code § 54-3719 — Idaho Code / Title 54 / Chapter 37 / Section 54-3719
54-3719 DISPOSITION OF RECEIPTS — EXPENSES.
Status: in_force

54-3719. disposition of receipts — expenses. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.

History:

[(54-3719) 54-3715, added 1987, ch. 69, sec. 1, p. 123; am. and redesig. 2009, ch. 222, sec. 19, p. 701; am. 2010, ch. 106, sec. 2, p. 217; am. 2021, ch. 224, sec. 65, p. 684; am. 2022, ch. 94, sec. 55, p. 319.]
Idaho Code § 54-2621 — Idaho Code / Title 54 / Chapter 26 / Section 54-2621
54-2621 WORK NOT REQUIRING PERMITS.
Status: in_force

54-2621. Work not requiring permits. A permit shall not be required for the clearing of stoppages or repairing of leaks in pipes, valves, fixtures, appliances or appurtenances of any plumbing system when such work does not involve or require any functional rearrangement of pipes, valves or fixtures comprising the plumbing system.

History:

[(54-2621) 1957, ch. 214, sec. 26, p. 454; redesignated as sec. 54-2621, 1984, ch. 123, sec. 22, p. 291.]
Idaho Code § 54-1713 — Idaho Code / Title 54 / Chapter 17 / Section 54-1713
54-1713 ORGANIZATION OF THE BOARD.
Status: in_force

54-1713. Organization of the board. (1) The board of pharmacy shall elect from its members a chairman and such other officers as it deems appropriate and necessary to the conduct of its business. The chairman of the board of pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. Each additional officer elected by the board shall perform those duties normally associated with his position and such other duties assigned to him from time to time by the board.

(2) Officers elected by the board shall serve terms of one (1) year, commencing with the day of their election and ending upon election of their successors.

(3) The administrator of the division of occupational and professional licenses shall carry out the duties set forth in chapter 26, title 67, Idaho Code, on behalf of the board.

(4) All meetings and hearings of the board shall be conducted in compliance with the provisions of chapter 2, title 74, Idaho Code.

History:

[54-1713, added 1979, ch. 131, sec. 3, p. 410.; am. 2016, ch. 71, sec. 2, p. 248; am. 2016, ch. 341, sec. 3, p. 967; am. 2021, ch. 221, sec. 6, p. 612; am. 2024, ch. 69, sec. 8, p. 347.]
Idaho Code § 54-2914 — Idaho Code / Title 54 / Chapter 29 / Section 54-2914
54-2914 QUALIFICATIONS FOR LICENSURE — SPEECH-LANGUAGE PATHOLOGIST AIDE.
Status: in_force

54-2914. Qualifications for licensure — Speech-language pathologist aide. (1) To be eligible for licensure as a speech-language pathologist aide the applicant shall:

(a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;

(b) Provide documentation satisfactory to the board that the applicant possesses a baccalaureate degree from a nationally accredited school of speech-language pathology aide with a curriculum acceptable to the board;

(c) Pass an examination in speech-language pathology aide approved by the board;

(d) Have never had a license for speech-language pathology aide revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923, Idaho Code. Provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances.

(2) The applicant shall disclose on his written application:

(a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant;

(b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within the state or any other state; and

(c) Any denial of registration or licensure by any state or district regulatory body.

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

History:

[54-2914, added 2005, ch. 277, sec. 2, p. 860.]
Idaho Code § 54-4712 — Idaho Code / Title 54 / Chapter 47 / Section 54-4712
54-4712 TITLES.
Status: in_force

54-4712. Titles. Persons licensed pursuant to this chapter may use the title "licensed acupuncturist." Persons certified or granted an acupuncture technician certificate, or an acupuncture trainee permit pursuant to this chapter, may use the title "certified acupuncturist," "acupuncture technician" or "acupuncture trainee," respectively, but may not use the title "licensed acupuncturist" or "doctor," or any abbreviation thereof, unless the acupuncturist is otherwise authorized to use such title. No person authorized to practice acupuncture pursuant to this chapter may hold himself out in any way as a medical physician, doctor of osteopathy, chiropractor, physical therapist or other health care professional unless the person is properly authorized for such practice pursuant to law.

History:

[54-4712, added 1999, ch. 379, sec. 1, p. 1044; am. 2011, ch. 75, sec. 8, p. 160.]
Idaho Code § 54-916 — Idaho Code / Title 54 / Chapter 9 / Section 54-916
54-916 APPLICATION FOR LICENSURE — FEE.
Status: in_force

54-916. Application for licensure — Fee. Any person desiring to practice dentistry, a dental specialty, dental therapy, or dental hygiene within the state of Idaho shall make an application for licensure in dentistry, a dental specialty, dental therapy, or dental hygiene, as the case may be, on forms furnished by the board, which forms shall call for information from the applicant as shall show his full, true name and that he possesses all the qualifications required by law for the license applied for. The application and supporting instruments as shall be required, together with payment of an application fee of not more than three hundred dollars ($300) for dentists, the fee to be set by the rules of the board and not more than two hundred fifty dollars ($250) for dental therapists and dental hygienists, the fee to be set by the rules of the board, and not more than six hundred dollars ($600) for dental specialists, the fee to be set by the rules of the board, shall be filed with the board at a sufficient time to permit the board to investigate the applicant in order to determine he has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code, and his possession of the other qualifications for licensure. The fee shall not be refunded.

History:

[54-916, added 1949, ch. 102, sec. 16, p. 177; am. 1967, ch. 312, sec. 13, p. 886; am. 1976, ch. 176, sec. 1, p. 639; am. 1986, ch. 35, sec. 4, p. 112; am. 1991, ch. 15, sec. 2, p. 32; am. 1994, ch. 58, sec. 16, p. 108; am. 2019, ch. 221, sec. 8, p. 674; am. 2022, ch. 246, sec. 10, p. 794.]
Idaho Code § 54-1856 — Idaho Code / Title 54 / Chapter 18 / Section 54-1856
54-1856 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Status: in_force

54-1856. organization and operation of the interstate commission. (1) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve (12) months of the first interstate commission meeting.

(2) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.

(3) Officers selected pursuant to subsection (2) of this section shall serve without remuneration from the interstate commission.

(4) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

(a) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

(b) The interstate commission shall defend the executive director, its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(c) To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

History:

[54-1856, added 2015, ch. 105, sec. 1, p. 255.]
Idaho Code § 54-2702 — Idaho Code / Title 54 / Chapter 27 / Section 54-2702
54-2702 RECORDS REQUIRED FOR PURCHASING NONFERROUS OR STAINLESS STEEL METAL PROPERTY FROM THE GENERAL PUBLIC.
Status: in_force

54-2702. RECORDS REQUIRED FOR PURCHASING NONFERROUS or stainless steel METAL PROPERTY FROM THE GENERAL PUBLIC. (1) At the time of a transaction, every scrap metal business doing business in this state shall produce, wherever that business is conducted, an accurate and legible record of each transaction involving nonferrous metal property or stainless steel metal property. This record must be written in the English language, documented on a standardized form or in electronic form, retained for five (5) years and contain the following information:

(a) The signature of the person with whom the transaction is made;

(b) The date, location and value of the transaction;

(c) The name of the employee representing the scrap metal business in the transaction;

(d) The name and street address of the person with whom the transaction is made;

(e) A photocopy or digital image of a current driver's license that is valid to operate a motor vehicle in the state of Idaho or a United States or Idaho government-issued picture identification of the seller; and

(f) The license plate number of any vehicle required to have such a plate, if any, used by the person with whom the transaction is made.

(2) For every transaction that involves nonferrous or stainless steel metal property, every scrap metal business doing business in the state shall require the person with whom a transaction is being made to sign a declaration, which record must be maintained for five (5) years.

The declaration may be included as part of the transactional record required under subsection (1) of this section, or on a receipt for the transaction. The declaration must state substantially the following: "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property."

The declaration must be signed and dated and the time of day noted by the person with whom the transaction is being made. An employee of the scrap metal business must witness the signing and dating of the declaration and sign the declaration accordingly before any transaction may be consummated.

(3) All transactions involving the sale of nonferrous metal property shall include a digital, photographic or videographic image of the transaction to include the person, property and vehicle involved in the transaction. Such images shall be used exclusively for the purposes as defined in this section. The provisions of this subsection shall not apply upon and after the fourth purchase from the same member of the general public to the same scrap metal business within one (1) year.

History:

[54-2702, added 2009, ch. 152, sec. 2, p. 442; am. 2013, ch. 286, sec. 2, p. 739; am. 2014, ch. 321, sec. 2, p. 796.]
Idaho Code § 54-4701 — Idaho Code / Title 54 / Chapter 47 / Section 54-4701
54-4701 PURPOSE.
Status: in_force

54-4701. Purpose. The legislature finds and declares that the provision of acupuncture services affects the public health, safety and welfare. The legislature further finds that it is in the public interest to aid in the provision of acupuncture services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of acupuncturists within the state of Idaho.

History:

[54-4701, added 1999, ch. 379, sec. 1, p. 1039.]
Idaho Code § 54-1016 — Idaho Code / Title 54 / Chapter 10 / Section 54-1016
54-1016 EXEMPTIONS.
Status: in_force

54-1016. Exemptions. (1) Nothing in this chapter shall be deemed to apply to:

(a) Any regulated utility, telephone company, rural telephone cooperative or municipal communications utility, or its employees, in the installation or maintenance of communication circuits, wires and apparatus by or for such entities or their communications service customers;

(b) Any electrical public utility, or its employees, in the installation and maintenance of electrical wiring, circuits, apparatus and equipment by or for such public utility or comprising a part of its plants, lines or system;

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

(2) The licensing provisions of this chapter shall not apply to:

(a) Any property owner performing noncommercial electrical work in the owner's primary or secondary residence or associated outbuildings or land associated with the entire property on which those buildings sit, except that homeowner installations of renewable power generation connected to the community power grid shall be subject to a preplan review in accordance with local jurisdictions' policies and procedures prior to the purchase of a permit;

(b) Any person regularly employed as a maintenance electrician performing electrical maintenance work on the premises owned and operated by his employer, provided that electrical work is limited to maintenance and replacement of electrical fixtures, electrical conductors, electrical equipment and electrical apparatus on a like-for-like basis;

(c) Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the telephone company, rural telephone cooperative, or municipal communications utility;

(d) Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing repair work on customer-owned facilities at the request of the customer;

(e) Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the electrical public utility, rural electrical cooperative, or municipal power utility;

(f) Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing emergency repair work on customer-owned facilities at the request of the customer;

(g) A fire department employee who is acting in his official capacity as a representative of his agency when he is replacing, maintaining, or repairing a hard-wired smoke or carbon monoxide alarm at the request of a homeowner in a one (1) or two (2) family dwelling unit, provided that such fire department employee has received annual training regarding electrical safety and installation of the devices identified in this paragraph;

(h) A limited electrical contractor, limited electrical installer, or employee of a company holding a limited electrical contractor license who is replacing or installing a fire alarm communication device (DACT). A person provided for in this paragraph shall obtain a permit if required by the authority having jurisdiction but must not be required to submit design plans. The fire alarm communication device (DACT) may be inspected if required by the authority having jurisdiction after replacement of the fire alarm communication device (DACT). The fee for a permit shall not exceed one hundred twenty-five dollars ($125); or

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

(3) The licensing provisions of this chapter shall not apply to individuals licensed pursuant to chapter 50, title 54, Idaho Code, or certificated pursuant to chapter 26, title 54, Idaho Code, as follows:

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

(b) Individuals holding a current HVAC license may install:

(i) Electrical space heaters with no attached ductwork;

(ii) Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and

(iii) Ventilating fans, except ducted range hoods in residences.

(c) HVAC licensees may install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity. Plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage.

(d) Individuals holding a current limited energy electrical license may install electrical circuitry and make connections from utilization equipment installed under the restricted category of the limited electrical installer license to outlets, as long as those outlets are in sight from such utilization equipment and not more than fifty (50) feet from such utilization equipment. Outlets shall be installed by others.

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

(5) Approval and certification requirements of product and equipment as set forth in this chapter and in the adopted edition of the national electrical code do not apply to industrial machinery unless the board has made a determination that such product, machine or classes of products and machines present an undue hazard to life and property.

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

(7) Neither local jurisdictions nor the state fire marshal shall have the authority to amend the exemptions provided for in this section or to adopt any ordinance, law, or rule in conflict with the provisions of this section.

History:

[54-1016, added 1947, ch. 251, sec. 16, p. 681; am. 1961, ch. 311, sec. 17, p. 583; am. 2004, ch. 250, sec. 6, p. 720; am. 2005, ch. 235, sec. 1, p. 715; am. 2007, ch. 197, sec. 1, p. 597; am. 2007, ch. 252, sec. 8, p. 745; am. 2015, ch. 233, sec. 1, p. 731; am. 2017, ch. 325, sec. 1, p. 856; am. 2018, ch. 199, sec. 1, p. 446; am. 2018, ch. 208, sec. 12, p. 466; am. 2018, ch. 209, sec. 13, p. 476; am. 2021, ch. 214, sec. 1, p. 588; am. 2022, ch. 301, sec. 1, p. 951; am. 2023, ch. 244, sec. 14, p. 754.]
Idaho Code § 54-5309 — Idaho Code / Title 54 / Chapter 53 / Section 54-5309
54-5309 IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD.
Status: in_force

54-5309. Idaho liquefied petroleum gas safety board. (1) There is hereby established in the division of occupational and professional licenses the Idaho liquefied petroleum gas safety board and the members thereof shall be appointed by the governor. In making appointments, the governor shall give consideration to recommendations submitted by the rocky mountain propane association and from any individual residing in this state.

(2) The board shall consist of five (5) members, two (2) of whom shall be licensed dealers pursuant to the provisions of this chapter; and one (1) of whom shall be a volunteer firefighter in a rural area of the state; and one (1) of whom shall be a firefighter employed by a city fire department in the state; and one (1) of whom shall be a representative of the general public not employed or otherwise connected with the practices or operations regulated pursuant to this chapter.

(3) The members of the first board shall serve for the following terms: one (1) dealer member shall serve for one (1) year; one (1) firefighter member shall serve for two (2) years; one (1) dealer member shall serve for three (3) years; and one (1) firefighter member and the public member shall each serve for four (4) years. Each member shall serve from the effective date of appointment or until a successor is duly appointed and qualified. Upon the expiration of the term of any member of the board, the governor shall appoint the subsequent member for a term of four (4) years. No member shall be appointed for more than two (2) successive terms.

(4) Board members shall serve at the pleasure of the governor.

(5) Three (3) members of the board shall constitute a quorum, and may exercise all the power and authority conferred on the board.

(6) The members shall meet annually and elect from among the members by majority vote of those present a chairman who shall serve for one (1) year.

(7) The board shall meet no less than annually at such times and at such places as may be specified by the chairman or by the written request of at least two (2) members.

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

History:

[(54-5309) 54-5109, added 2005, ch. 143, sec. 1, p. 445; am. and redesig. 2006, ch. 16, sec. 16, p. 56; am. 2007, ch. 198, sec. 2, p. 604; am. 2010, ch. 158, sec. 1, p. 332; am. 2016, ch. 340, sec. 45, p. 964; am. 2021, ch. 222, sec. 38, p. 650.]
Idaho Code § 54-3606A — Idaho Code / Title 54 / Chapter 36 / Section 54-3606A
54-3606A PROMOTION OF IDAHO GRAPE PRODUCTS.
Status: in_force

54-3606A. promotion of idaho grape products. (1) In addition to the powers and duties set forth in section 54-3605, Idaho Code, the commission shall have, but is not limited to, the following powers to promote Idaho grape products:

(a) To host, sponsor or participate in activities and events dispensing or serving Idaho grape products to retailers, distributors, importers, evaluators, judges and members of the public. The commission may charge an admission charge to an activity or event.

(b) To host, sponsor or participate in activities and events promoting new markets for Idaho grape products, publicizing reliable information showing the value of Idaho grape products, or promoting research or education benefiting Idaho grape products and Idaho producers, wineries and growers. The commission may charge an admission charge to an activity or event.

(c) To solicit and receive donations of Idaho grape products for the purpose of promoting Idaho grape products.

(d) To purchase Idaho grape products for the purpose of promoting Idaho grape products.

(e) To donate Idaho grape products to activities, events, trade groups and other individuals and entities for the purpose of promoting Idaho grape products.

(f) To donate Idaho grape products to persons or associations for benevolent, charitable or public purposes, subject to the provisions of section 23-1336, Idaho Code.

(2) Notwithstanding any other provision of law including, but not limited to, chapter 13, title 23, Idaho Code, the following shall apply to the commission's activities under this section:

(a) The commission and the property owner, lessee and operator shall not be required to hold or obtain any license, permit or registration or to provide any notification to a public official to enable the commission, commission members, volunteers authorized by the commission and commission employees to engage in the activities authorized by this section.

(b) The activities of the commission, volunteers authorized by the commission, commission members and commission employees authorized by this section include, but are not limited to, dispensing or serving samples of wine on premises not licensed for the sale of wine by the individual glass or opened bottle.

(3) In the performance of activities authorized by this section, the commission shall observe the following limitations:

(a) The commission shall not receive any payment for the Idaho grape products it serves, dispenses or donates under this section. The receipt of an admission charge to an activity or event is not the receipt of payment by the commission for Idaho grape products for the purposes of this section.

(b) Individuals not serving as commission members, acting as volunteers authorized by the commission, or who are not commission employees are not authorized by this section to serve or dispense Idaho grape products. Nothing in this section shall prohibit an individual who is otherwise authorized by law to serve or dispense Idaho grape products from serving or dispensing such Idaho grape products.

(c) Where the commission dispenses or serves wine, the persons dispensing or serving wine and the recipients of the wine dispensed or served must be of legal drinking age.

History:

[54-3606A, added 2012, ch. 30, sec. 4, p. 89.]
Idaho Code § 54-4802 — Idaho Code / Title 54 / Chapter 48 / Section 54-4802
54-4802 DEFINITIONS.
Status: in_force

54-4802. DEFINITIONS. As used in this chapter:

(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract.

(2) "Athlete agent":

(a) Means an individual who:

(i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

(ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics:

1. Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

2. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; or

(iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:

1. Gives consideration to the student athlete or another person;

2. Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or

3. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; but

(b) Does not include an individual who:

(i) Acts solely on behalf of a professional sports team or organization; or

(ii) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

1. Also recruits or solicits the athlete to enter into an agency contract;

2. Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or

3. Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

(3) "Athletic director" means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college and university.

(5) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.

(6) "Enrolled" means registered for courses and attending athletic practice or class. "Enrolls" has a corresponding meaning.

(7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

(8) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges or universities.

(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.

(10) "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.

(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(12) "Recruit or solicit" means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

(13) "Sign" means, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(15) "Student athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

History:

[54-4802, added 2016, ch. 201, sec. 2, p. 562; am. 2020, ch. 105, sec. 1, p. 281.]
Idaho Code § 54-4116 — Idaho Code / Title 54 / Chapter 41 / Section 54-4116
54-4116 RENEWAL LICENSES OR CERTIFICATES.
Status: in_force

54-4116. Renewal licenses or certificates. To obtain a renewal license or certificate to practice as a state licensed or certified real estate appraiser, the holder of the current license or certificate shall make application and pay the prescribed fee to the board. Further, the applicant shall present evidence in a form satisfactory to the board of having successfully completed any continuing education requirements for renewal as shall be specified by rule of the board.

History:

[54-4116, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 15, p. 291.]
Idaho Code § 54-4115 — Idaho Code / Title 54 / Chapter 41 / Section 54-4115
54-4115 NONRESIDENT LICENSURE OR CERTIFICATION AND TEMPORARY PRACTICE.
Status: in_force

54-4115. Nonresident licensure or certification and temporary practice. (1) Nonresident licensure or certification. If the board determines that another state has substantially equivalent requirements for appraiser licensure or certification, an applicant from such other state may obtain a license or certificate to practice as a licensed or certified residential or general real estate appraiser in this state, subject to the rules set forth by the board.

(2) Temporary practice. Only to the extent required by federal law, and subject to the rules set forth by the board, a temporary license or certificate for real estate appraisal may be issued to an individual from another state.

(3) Service of process. Prior to and as a condition of an individual's application for either a nonresident license or certificate or a temporary license or certificate, said applicant who is not a resident of Idaho shall submit with his application an irrevocable consent, on a form prescribed by the board, that service of process in any action against the applicant arising out of the applicant's activities as a state licensed or certified real estate appraiser may be made by delivery of process on the board.

History:

[54-4115, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 14, p. 290; am. 2012, ch. 48, sec. 2, p. 144.]
Idaho Code § 54-2203 — Idaho Code / Title 54 / Chapter 22 / Section 54-2203
54-2203 DEFINITIONS.
Status: in_force

54-2203. Definitions. As used in this chapter:

(1) "Applicant" means a person applying for a license or permit under this chapter.

(2) "Board" means the Idaho physical therapy licensure board.

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

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

(5) "Dry needling" means a skilled intervention performed by a physical therapist that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular and connective tissues for the evaluation and management of neuromusculoskeletal conditions, pain and movement impairments.

(6) "License" means a document issued by the board to a person under this chapter authorizing the person to practice as a physical therapist or physical therapist assistant.

(7) "Physical therapist" means a person licensed under the provisions of this chapter to engage in the practice of physical therapy.

(8) "Physical therapist assistant" means a person who meets the requirements of this chapter and who performs physical therapy procedures and related tasks that have been selected and delegated only by a supervising physical therapist.

(9) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist.

(10) "Practice of physical therapy" means the exercise of the profession of physical therapy by a person who engages in the following health care activities:

(a) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations, and disability or other health and movement-related conditions in order to determine a diagnosis for physical therapy and prognosis for physical therapy, plan of therapeutic intervention, and to assess the ongoing effects of intervention;

(b) Alleviating impairments and functional limitations by designing, implementing and modifying therapeutic interventions that include, but are not limited to: therapeutic exercise; functional mobility training in self-care and in-home, community or work reintegration; manual therapy; assistive, adaptive, protective and supportive devices and equipment; bronchopulmonary hygiene; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction; and to reduce the risk of injury, impairment, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations. The practice of physical therapy shall not include the use of radiology, surgery or medical diagnosis of disease; and

(c) Engaging in administration, consultation, testing, education and research as related to paragraphs (a) and (b) of this subsection.

(11) "Supportive personnel" means a person or persons trained under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks.

History:

[54-2203, added 2001, ch. 197, sec. 2, p. 667; am. 2005, ch. 185, sec. 1, p. 568; am. 2006, ch. 116, sec. 1, p. 315; am. 2018, ch. 204, sec. 2, p. 455; am. 2022, ch. 94, sec. 28, p. 301.]
Idaho Code § 54-204 — Idaho Code / Title 54 / Chapter 2 / Section 54-204
54-204 POWERS AND DUTIES.
Status: in_force

54-204. Powers and duties. The Idaho state board of accountancy, in addition to the other powers and duties set forth in this chapter, shall have the following powers and duties:

(1) To adopt and amend rules, subject to legislative approval, in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, governing its administration and the enforcement of this chapter and the conduct of licensees including, but not limited to:

(a) Rules governing the board's meetings and the conduct of its business;

(b) Rules of procedure governing the conduct of investigations and hearings by the board;

(c) Rules specifying the education, examination and experience qualifications required for the issuance of certificates, and the continuing professional education required for renewal of licenses;

(d) Rules of professional conduct directed to controlling the quality and probity of professional services by licensees, and dealing among other things with independence, integrity and objectivity; competence and technical standards; responsibilities to the public; and responsibilities to clients;

(e) Rules governing the professional standards applicable to licensees;

(f) Rules governing the manner and circumstances of use of the titles "certified public accountant" and "licensed public accountant";

(g) Rules regarding peer reviews that may be required to be performed under the provisions of this chapter;

(h) Rules on reciprocity and substantial equivalency to implement the provisions of section 54-210, Idaho Code;

(i) Rules adopting statements on standards as specified in section 54-206, Idaho Code, which, if the board may deem appropriate, shall be those standards developed for general application by recognized accountancy organizations such as the AICPA, as such statements are established from time to time; and

(j) Such other rules as the board may deem necessary or appropriate to implement or administer the provisions and purposes of this chapter.

(2) To issue original certificates of qualification and licenses to practice as certified public accountants to such applicants as may be qualified by reciprocity, transfer of examination grades or by examination.

(3) To charge and collect from all applicants, certificate holders, and licensees such fees as are provided by this chapter and prescribed by rules of the board.

(4) To initiate or receive complaints, cause the same to be investigated, initiate proceedings, and conduct hearings or proceedings pursuant to chapter 2, title 54, Idaho Code. The board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer shall file a report with the board. Unless dismissed by the board as unfounded or trivial, the board may proceed with disciplinary proceedings or may return the report to the investigating officer for further investigation.

(a) In order to protect the interests of a complainant, witness, third party or defendant, the board may upon application and for good cause shown, issue a protective order, consistent with chapter 1, title 74, Idaho Code, prohibiting the disclosure of specific information otherwise not privileged and confidential and direct that the proceedings be conducted so as to implement the order.

(b) In carrying into effect the provisions of this chapter, the board may subpoena witnesses and compel their attendance, and also may require the submission of books, papers, documents or other pertinent data; may administer oaths; may take testimony; may cooperate with the appropriate authorities in other states in investigation and enforcement concerning violations of this chapter and comparable acts of other states; and may receive evidence in any disciplinary matters or in any case wherever a violation of the provisions of this chapter is alleged. Upon failure or refusal to comply with any such order of the board, or upon failure to honor its subpoena, the board may apply to the court in the district where the witness resides to enforce compliance.

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

(6) Any action, claim or demand to recover money damages from the board or its employees which any person is legally entitled to recover as compensation for the negligent or otherwise wrongful act or omission of the board or its employees, when acting within the course and scope of their employment, shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho Code. For purposes of this subsection, the term "employees" shall include special assignment members of the board and other independent contractors while acting within the course and scope of their board related work.

(7) All hearings, investigations or proceedings conducted by the board shall be conducted in conformity with chapter 52, title 67, Idaho Code, and rules of the board adopted pursuant thereto, and, unless otherwise requested by the concerned party, be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[54-204, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 4, p. 897; am. 1990, ch. 213, sec. 73, p. 538; am. 1991, ch. 30, sec. 8 and 9, p. 62 and 64; am. 1993, ch. 239, sec. 3, p. 826; am. 1994, ch. 49, sec. 1, p. 82; am. 1995, ch. 134, sec. 1, p. 581; am. 1999, ch. 30, sec. 13, p. 57; am. 2002, ch. 92, sec. 4, p. 235; am. 2008, ch. 128, sec. 1, p. 350; am. 2015, ch. 141, sec. 133, p. 479; am. 2022, ch. 94, sec. 6, p. 284; am. 2026, ch. 48, sec. 1, p. 228.]
Idaho Code § 54-607 — Idaho Code / Title 54 / Chapter 6 / Section 54-607
54-607 UNPROFESSIONAL CONDUCT DEFINED.
Status: in_force

54-607. unprofessional conduct defined. It shall constitute unprofessional conduct justifying suspension, revocation, or other discipline of a license for any person holding a license to practice podiatry to:

(1) Offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;

(2) Request, list, accept, or receive any rebates or commission for prescribing or recommending any footwear, drug, medicine, or any other article, to his patients;

(3) Prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy, or remedy whatsoever;

(4) Use any form of advertising that is false, misleading, or deceptive;

(5) Use any title other than that of podiatrist or doctor of podiatric medicine. The term "foot specialist" or "physician and surgeon of the feet" may be used as explanatory terms of the title podiatrist but not alone or as a substitute therefor;

(6) Employ a solicitor or solicitors to obtain business;

(7) Publish or use untruthful or improbable statements with the intent of deceiving or defrauding the public or any patient; or

(8) Violate the applicable standard of podiatric care for the ethical practice of podiatry in this state as described in this chapter.

History:

[54-607, added 2026, ch. 217, sec. 2, p. 905.]
Idaho Code § 54-2927 — Idaho Code / Title 54 / Chapter 29 / Section 54-2927
54-2927 UNLAWFUL PRACTICE — PENALTIES.
Status: in_force

54-2927. Unlawful practice — Penalties. (1) It shall be unlawful for any person to practice or offer to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting in this state, or to use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter, unless such person has been appropriately licensed under the provisions of this chapter.

(2) It shall be unlawful for any person to aid, abet or require another person, licensed or unlicensed, to directly or indirectly violate or evade any provision of this chapter, or to combine or conspire with another person, or permit one's license to be used by another person, or to act as an agent, partner, associate or otherwise, of another person with the intent to violate or evade the provisions of this chapter.

(3) A violation of the provisions of this chapter shall constitute a misdemeanor and any person convicted thereof shall be fined an amount not to exceed one thousand dollars ($1,000), or imprisoned in a county jail for a period not to exceed six (6) months, or shall be punished by both such fine and imprisonment.

History:

[54-2927, added 2005, ch. 277, sec. 2, p. 866; am. 2011, ch. 76, sec. 2, p. 161; am. 2017, ch. 67, sec. 10, p. 164.]
Idaho Code § 54-4501 — Idaho Code / Title 54 / Chapter 45 / Section 54-4501
54-4501 SHORT TITLE.
Status: in_force

54-4501. Short title. The provisions of this chapter shall be known and may be cited as the "Public Works Construction Management Licensing Act of 1998."

History:

[54-4501, added 1998, ch. 410, sec. 1, p. 1267.]
Idaho Code § 54-2034 — Idaho Code / Title 54 / Chapter 20 / Section 54-2034
54-2034 SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION.
Status: in_force

54-2034. Special consideration — Discretion of the commission. The commission may, in its discretion, make such additional investigation and inquiry relative to the applicant for instructor certification as it shall deem advisable, and if other good cause exists, may deny or accept the application for certification. Based upon an applicant's educational background, experience in related activities, or a review of the applicant's evaluations as an assistant teacher, the commission may modify the requirements for instructor certification; such modification may include reducing the requirements or assigning additional requirements for certification.

History:

[54-2034, added 2000, ch. 285, sec. 3, p. 929; am. 2006, ch. 166, sec. 8, p. 513.]
Idaho Code § 54-4004 — Idaho Code / Title 54 / Chapter 40 / Section 54-4004
54-4004 PROHIBITIONS.
Status: in_force

54-4004. Prohibitions. Massage therapists shall not perform any of the following:

(1) Diagnosis of injury, illness or disease;

(2) Chiropractic adjustment or skeletal manipulative procedures or any other procedures as defined in section 54-704, Idaho Code, except as allowed in section 54-4002(7), Idaho Code;

(3) Therapeutic exercise, medical or other therapeutic modalities including, but not limited to, the use of medically classified therapeutic devices, mechanical traction, laser and light therapies, electrical stimulation or application of ultrasound; and

(4) Dispensation of, application of or issuance of prescriptions for pharmaceutical agents.

History:

[54-4004, added 2012, ch. 261, sec. 1, p. 725.]
Idaho Code § 54-1834 — Idaho Code / Title 54 / Chapter 18 / Section 54-1834
54-1834 PROCEEDINGS.
Status: in_force

54-1834. Proceedings. (1) The board may proceed against a physician or physician assistant under this act by serving upon such physician or physician assistant at least fifteen (15) days' notice of a time and place fixed for a hearing. Such notice shall be served upon the licensee either personally or by registered or certified mail with return receipt requested.

(2) At said hearing the licensee shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.

(3) The results of any examination ordered by the board pursuant to section 54-1833(c), Idaho Code, including evidence and testimony offered by the examining physician shall be admissible at said hearing, along with any other evidence, or witness testimony relevant to the licensee's fitness to practice.

(4) At the conclusion of the hearing, the board shall make a determination of the merits and, if grounds therefor are found to exist, may issue an order imposing one (1) or more of the following:

(a) A recommendation that the licensee submit to the care, counseling, or treatment by physicians acceptable to the board; or

(b) Suspension or restriction of the licensee's license to practice medicine for the duration of his impairment; or

(c) Revocation of the licensee's license to practice medicine; and

(d) If grounds are not found to exist, the board shall enter its order so stating, shall dismiss the proceedings and shall provide the respondent a true copy thereof.

History:

[(54-1834) 54-1837, added 1976, ch. 290, sec. 7, p. 1002; am. 1990, ch. 213, sec. 79, p. 547.; am. 2015, ch. 141, sec. 143, p. 490; am. and redesig. 2019, ch. 26, sec. 26, p. 70.]
Idaho Code § 54-2085 — Idaho Code / Title 54 / Chapter 20 / Section 54-2085
54-2085 DISCLOSURE AND WRITING REQUIREMENTS — AGENCY DISCLOSURE BROCHURE AND REPRESENTATION CONFIRMATION.
Status: in_force

54-2085. Disclosure and writing requirements — Agency disclosure brochure and representation confirmation. (1) A licensee shall give to a prospective buyer or seller at the first substantial business contact the agency disclosure brochure adopted or approved by the Idaho real estate commission. The commission by motion shall establish the form and contents of the brochure in accordance with the provisions of this chapter. Each brokerage shall keep a signed and dated record of a buyer or seller's receipt of the agency disclosure brochure.

(2) The agency disclosure brochure shall list the types of representation available to a buyer or seller in a regulated real estate transaction, the legal duties and obligations owed to the buyer or seller in each type of representation, and a conspicuous notice that no representation will exist absent a written agreement between the buyer or seller and the brokerage.

(3) A brokerage's relationship with a buyer or seller as an agent, nonagent, limited dual agent, or limited dual agent with assigned agents must be determined and all necessary agreements executed no later than the preparation of a purchase and sale agreement. A brokerage must disclose its relationship to both buyer and seller in any transaction no later than the preparation or presentation of a purchase and sale agreement.

(4) In addition, a purchase and sale agreement, an attachment thereto, or other document drafted in connection with a regulated real estate transaction shall contain the following confirmation of the relationship, whether it involved representation or not, between the buyer, seller and licensees involved:

REPRESENTATION CONFIRMATION AND ACKNOWLEDGMENT OF DISCLOSURE

Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this transaction the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S).

Section 1:

A. □ The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S).

B. □ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT.

C. □ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S).

D. □ The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S).

Section 2:

A. □ The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S).

B. □ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT.

C. □ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S).

D. □ The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S).

Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION.

(5) The failure of a licensee to timely give a buyer or seller the agency disclosure brochure or the failure of a licensee to properly and timely obtain any written agreement or confirmation required by this chapter shall be a violation of the Idaho real estate license law and may subject the licensee to disciplinary action according to the provisions of sections 54-2058 through 54-2078, Idaho Code.

(6) Neither the commission brochure nor the representation confirmation shall create a brokerage relationship. A separate, signed, written agreement is required for that purpose.

History:

[(54-2085) 54-2063, added 1996, ch. 250, sec. 1, p. 787; am. and redesignated 2000, ch. 285, sec. 7, p. 954; am. 2001, ch. 123, sec. 25, p. 441; am. 2001, ch. 251, sec. 1, p. 915; am. 2004, ch. 119, sec. 3, p. 398; am. 2021, ch. 261, sec. 2, p. 805.]
Idaho Code § 54-3506 — Idaho Code / Title 54 / Chapter 35 / Section 54-3506
54-3506 REQUIREMENTS FOR LICENSURE AS A DIETITIAN.
Status: in_force

54-3506. Requirements for licensure as a dietitian. A person applying for a license shall file a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:

(1) Has successfully completed the following academic and supervised practice requirements:

(a) A minimum of a baccalaureate degree granted by a United States regionally accredited college or university or a foreign equivalent;

(b) An ACEND-accredited didactic program in dietetics or a substantially similar program approved by the board;

(c) An ACEND-accredited supervised practice program in the United States or its territories or a substantially similar program approved by the board; and

(2) Has successfully completed the registration examination for registered dietitians as administered by the commission on dietetic registration or its successor organization as recognized by the allied health advisory board.

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

History:

[54-3506, added 1994, ch. 217, sec. 1, p. 677; am. 2017, ch. 294, sec. 6, p. 780; am. 2024, ch. 61, sec. 6, p. 292.]
Idaho Code § 54-1113 — Idaho Code / Title 54 / Chapter 11 / Section 54-1113
54-1113 APPLICATION FOR LICENSE — FORM AND CONTENTS — CERTIFIED COPIES OF DOCUMENTS SHOWING QUALIFICATIONS.
Status: in_force

54-1113. Application for license — Form and contents — Certified copies of documents showing qualifications. All applications for all licenses to be issued pursuant to the provisions of this chapter shall be filed with the board, together with the required filing fee, upon such forms as prescribed by the board of morticians, and shall contain statements of facts relating to each of the qualifications prescribed in this chapter for which the license is sought as well as any other information specified by the board of morticians. The board may require, as part of the application, certified copies of documents showing compliance with the requirements for the license sought by the application, including but not limited to certified copies of diplomas or graduation certificates from high schools, colleges and embalming colleges, certified copies of birth certificates, and certified copies of articles of incorporation. For the purposes of this section, a document proving graduation from a nonpublic school shall satisfy the requirement for a high school diploma or graduation certificate. The application shall also list and describe the location of court records of any felony of which the applicant has been convicted in a court of law. All applications shall be signed by the applicant who shall verify the contents thereof under oath. All applications shall remain with the board and be a permanent record in that office.

Applications for the renewal of licenses shall be in such abbreviated form as prescribed by the board and shall require any information specified by the board of morticians.

History:

[54-1113, added 1970, ch. 70, sec. 12, p. 167; am. 1974, ch. 13, sec. 100, p. 138; am. 2026, ch. 135, sec. 4, p. 634.]
Idaho Code § 54-1142 — Idaho Code / Title 54 / Chapter 11 / Section 54-1142
54-1142 AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN.
Status: in_force

54-1142. Authority in absence of or uncovered provisions in a prearranged funeral plan. (1) If the decedent has not made a prearranged funeral plan as set forth in section 54-1139, Idaho Code, or to the extent any provisions relating to the disposition of the person's remains are not clearly covered in a prearranged funeral plan, the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan vests in, and devolves upon, the following in the order named:

(a) The person designated in a written document executed by the decedent and acknowledged in the same manner as required for instruments conveying real property, and subject to such limitations, restrictions, or directions, as may be set forth in such document, or the person designated by the decedent as authorized to direct disposition as listed on the decedent's United States department of defense record of emergency data, DD form 93 or its successor form, if the decedent died while serving in military service as described in 10 U.S.C. 1481(a)(1) through (8) in any branch of the United States armed forces, United States reserve forces or national guard;

(b) The person designated as agent under a durable power of attorney for health care executed by the decedent, unless such durable power of attorney for health care contains express and clear language denying such right;

(c) The person designated in a durable power of attorney executed by the decedent, if such power of attorney contains express and clear language granting such right to the agent named in such power of attorney;

(d) The person acting as guardian of the decedent at the time of the decedent's death, or if no guardian was then acting, the person acting as conservator of the decedent at the time of the decedent's death;

(e) The competent surviving spouse of the decedent;

(f) A majority of the competent surviving adult children of the decedent, provided that less than one-half (1/2) of the competent surviving adult children shall be vested with the right to control the disposition of the remains of the decedent if they have used reasonable efforts to notify all other competent surviving adult children of their instructions to dispose of the decedent's remains and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all competent surviving adult children;

(g) The competent surviving parents or parent of the decedent, provided that if one (1) of the competent surviving parents is absent, the remaining competent surviving parent shall be vested with the right to control the disposition of the remains of the decedent after reasonable efforts have been made and are unsuccessful in locating the absent competent surviving parent;

(h) The person appointed by a court of competent jurisdiction as the personal representative or administrator of the estate of the decedent;

(i) The person nominated as the personal representative of the estate of the decedent in the will of the decedent;

(j) The competent adult person or persons entitled to inherit from the decedent under the intestate succession laws of the state of Idaho, respectively in the next degree of kinship, provided that if there is more than one (1) competent surviving adult person of the same degree of kinship, the majority of those persons, and provided further that less than the majority of competent surviving adult persons of the same degree of kinship shall be vested with the right to control the disposition of the remains of the decedent if those persons have used reasonable efforts to notify all other competent surviving adult persons of the same degree of kinship of their instructions to dispose of the decedent's remains and are not aware of any opposition to those instructions on the part of one-half (1/2) or more of all competent surviving adult persons of the same degree of kinship.

(2) If any person to whom the right of control has vested pursuant to the foregoing has been charged with first or second degree murder or voluntary manslaughter in connection with the decedent's death, and those charges are known to the funeral director or cemetery authority, the right of control is relinquished and passed on to the next qualifying person as listed above as if the charged person did not exist; provided however, that if the charges against such person are dropped, or if such person is acquitted of the charges, the right of control is returned to the person.

(3) For purposes of this section:

(a) "Adult" means an individual who is eighteen (18) years of age or older;

(b) "Child" means a natural or adopted child of the decedent;

(c) "Competent" means the individual has not been declared incompetent by a court of law or has been declared competent by a court of law after a prior declaration of incompetence;

(d) "Durable power of attorney" means a power of attorney described in section 15-12-102, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;

(e) "Durable power of attorney for health care" means the document described in chapter 45, title 39, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;

(f) "Will" means any testamentary device that is valid under the Idaho probate code, including, but not limited to, sections 15-2-503, 15-2-504 and 15-2-506, Idaho Code, whether or not originally executed in, or under the laws of, the state of Idaho.

(4)(a) A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist in, and a physician may perform, an autopsy of any remains of a decedent in its custody:

(i) If the decedent, prior to his death, authorizes an autopsy in his will or in another written instrument, including, but not limited to, a durable power of attorney for health care; or

(ii) Upon the receipt of a written authorization signed by, telegrammed from, or received by facsimile transmission from a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer; or

(iii) Upon the receipt of an oral authorization obtained by telephone and recorded on tape or other recording device from a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer.

(b) A cemetery authority or a licensed funeral director of a licensed hospital or its authorized personnel is not liable for permitting or assisting, and a physician is not liable for performing, an autopsy pursuant to the authorization provided in paragraph (a) of this subsection unless he has actual notice that such representation is untrue at the time the autopsy is performed. If such authorization is contained in a will, the autopsy may be performed regardless of the validity of the will in other respects and regardless of whether the will may not be offered for, or admitted to, probate until a later date.

(c) This subsection shall not authorize the obtaining of an oral authorization by telephone, recorded on tape or other recording device, for the autopsy of a deceased person if it is made known to the physician who is to perform the autopsy that the deceased person was, at the time of his death, a member of a religion or group that opposes autopsies.

(5) Persons designated in subsection (1) of this section have a direct and tangible interest in the death certificate of a decedent pursuant to section 39-270(b), Idaho Code.

(6) Notwithstanding any other provision of law to the contrary, if the decedent is cremated and the person or persons vested with the right to control the disposition of his remains pursuant to this section does not claim the remains within one (1) year following his death or fails to exercise control over the remains for a period of at least one (1) year, a funeral director or mortician may lawfully provide for the disposition of the remains in a manner consistent with respectful funeral home end-of-life processes when the deceased was indigent or has no next of kin or legal representative to make final disposition decisions. A funeral director or crematory authority shall maintain records of the location and date of such disposition for at least ten (10) years. This subsection shall not apply to unclaimed remains of veterans as provided for in section 54-1144, Idaho Code.

History:

[54-1142, added 1994, ch. 423, sec. 4, p. 1330; am. 2001, ch. 263, sec. 1, p. 964; am. 2005, ch. 120, sec. 6, p. 391; am. 2006, ch. 181, sec. 1, p. 560; am. 2008, ch. 186, sec. 3, p. 585; am. 2009, ch. 51, sec. 3, p. 133; am. 2010, ch. 43, sec. 1, p. 76; am. 2015, ch. 126, sec. 1, p. 319; am. 2024, ch. 117, sec. 1, p. 501; am. 2025, ch. 137, sec. 1, p. 700.]
Idaho Code § 54-1617 — Idaho Code / Title 54 / Chapter 16 / Section 54-1617
54-1617 JUDICIAL REVIEW OF BOARD ACTION.
Status: in_force

54-1617. JUDICIAL REVIEW OF BOARD ACTION. Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[54-1617, added 2025, ch. 98, sec. 3, p. 537.]
Idaho Code § 54-2107 — Idaho Code / Title 54 / Chapter 21 / Section 54-2107
54-2107 LICENSE APPLICATION — CONTENTS — FEE.
Status: in_force

54-2107. LICENSE APPLICATION — CONTENTS — FEE. (1) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board and bear the burden of substantiating to the board the license application requirements. To apply for a veterinary license, the applicant shall complete the application available from the board office, receive a passing score of at least ninety percent (90%) on the Idaho jurisprudence examination, submit the license application fee and first year's license fee in the amount established in the board rules, and provide any additional information that the board may request.

(2) A completed application shall contain the applicant's notarized signature and shall include the items set out in section 54-2107A or 54-2107B, Idaho Code. Such application shall include an attestation by the applicant, under penalty of perjury, that:

(a) The applicant is twenty-one (21) years of age or older;

(b) All information contained in the application is true and correct to the best of the applicant's knowledge; and

(c) If applicable, the applicant has always been in good standing in any state in which the applicant has held a license in veterinary medicine.

(3) Application materials shall be valid for one (1) year after receipt by the board.

(4) An applicant denied licensure may request a hearing pursuant to the procedures set forth in chapter 52, title 67, Idaho Code.

History:

[54-2107, added 2021, ch. 40, sec. 5, p. 103.]
Idaho Code § 54-2707 — Idaho Code / Title 54 / Chapter 27 / Section 54-2707
54-2707 UNLAWFUL VIOLATIONS AND LIABILITY.
Status: in_force

54-2707. UNLAWFUL VIOLATIONS and liability. (1) It is a misdemeanor for:

(a) Any person to deliberately remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of nonferrous metal property or commercial metal property in order to deceive a scrap metal business;

(b) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;

(c) Any person to sign the declaration required under this chapter knowing that the nonferrous metal property subject to the transaction is stolen;

(d) Any scrap metal business to knowingly possess commercial metal property that was not lawfully purchased or received under the requirements of this chapter;

(e) Any scrap metal business to engage in a series of transactions valued at less than twenty dollars ($20.00) with the same seller at the same location within a twenty-four (24) hour period of time for the purposes of avoiding the requirements of this chapter; or

(f) Any person to intentionally violate the provisions of section 54-2703, Idaho Code.

(2) Any person, other than a scrap metal business, who has pled guilty to or been found guilty of violating the provisions of this section for a second time within five (5) years is guilty of a felony.

(3) A person who knowingly and intentionally takes copper or other nonferrous metals from an electrical substation without authorization of the utility, or who knowingly and intentionally takes copper or other nonferrous metals from a utility or communications services provider, thereby causing damage to the facilities of a utility or communications services provider, or interfering with the ability of a utility or communications services provider to provide service, is guilty of a felony.

(4) (a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property.

(b) A public or private owner of metal property is not civilly liable to a person for injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner's metal property when the owner did not know, and could not have reasonably known, of the dangerous condition.

This section does not create or impose a duty of care upon an owner of metal property that would not otherwise exist under common law.

History:

[54-2707, added 2009, ch. 152, sec. 2, p. 444; am. 2013, ch. 286, sec. 3, p. 740; am. 2014, ch. 321, sec. 6, p. 798.]
Idaho Code § 54-2219 — Idaho Code / Title 54 / Chapter 22 / Section 54-2219
54-2219 GROUNDS FOR DISCIPLINARY ACTION.
Status: in_force

54-2219. Grounds for disciplinary action. The following conduct, acts, or conditions shall constitute grounds for disciplinary action:

(1) Violating any provision of this chapter or any administrative rule adopted by the board;

(2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter or failing to meet the standard of physical therapy provided by other qualified physical therapists and physical therapist assistants in the same or similar communities;

(3) Obtaining or attempting to obtain a license by fraud, misrepresentation or omission;

(4) Engaging in the performance of substandard care by a physical therapist due to an intentional, negligent, or reckless act or failure to act;

(5) Engaging in the performance of substandard care by a physical therapist assistant, due to an intentional, negligent, or reckless act or failure to act, or performing tasks not selected or delegated by the supervising licensed physical therapist;

(6) Inadequate supervising by a physical therapist of a physical therapist assistant and/or supportive personnel, or inadequate supervising by a physical therapist assistant of supportive personnel in accordance with this chapter and the administrative rules adopted by the board;

(7) Having been convicted of a felony or being convicted of any crime that has a bearing on any practice pursuant to this chapter in the courts of this state or any other state, territory or country. Conviction, as used in this subsection (7), shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;

(8) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances or other drugs, chemicals or alcohol;

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

(10) Committing any act of sexual contact, misconduct, exploitation or intercourse with a patient or former patient or related to the licensee's practice of physical therapy as a physical therapist or physical therapist assistant, provided:

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

(b) This subsection (10) shall not apply to sexual contact between a physical therapist or physical therapist assistant and the physical therapist's or physical therapist assistant's spouse or a person in a domestic relationship who is also a patient;

(c) A former patient means a patient for whom the physical therapist or physical therapist assistant has provided physical therapy services within the last twelve (12) months; and

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

(11) Directly or indirectly requesting, receiving or participating in the dividing, transferring or assigning, of any referral fee from any health care professional licensed or regulated by the state of Idaho, or any other third party, or profiting by means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this paragraph prohibits the members, owners, shareholders or partners of any regularly and properly organized business entity recognized by the laws of the state of Idaho and comprised of physical therapists from dividing fees received for professional services amongst themselves;

(12) Failing to adhere to the recognized standards of ethics of the physical therapy profession as published in the administrative rules adopted by the board;

(13) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession, or in the application process;

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

(15) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;

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

(17) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;

(18) Failing to maintain patient confidentiality unless otherwise required by law;

(19) Failing to maintain adequate records. For purposes of this subsection (19), "adequate patient records" means legible records that contain, at a minimum, an evaluation of objective findings, the plan of care, and the treatment record;

(20) Promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;

(21) Providing treatment intervention unwarranted by the condition of the patient;

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

(23) Failing to meet continuing education requirements as established by the board.

History:

[(54-2219) 54-2218, added 2001, ch. 197, sec. 2, p. 672; am. and redesig. 2006, ch. 116, sec. 16, p. 323.]
Idaho Code § 54-4121 — Idaho Code / Title 54 / Chapter 41 / Section 54-4121
54-4121 SCOPE.
Status: in_force

54-4121. scope. This act shall apply to appraisal management companies providing appraisal management services in connection with consumer credit transactions secured by a consumer's principal dwelling or securitizations of those transactions.

History:

[54-4121, added 2016, ch. 131, sec. 1, p. 387.]
Idaho Code § 54-3508 — Idaho Code / Title 54 / Chapter 35 / Section 54-3508
54-3508 LICENSURE BY ENDORSEMENT.
Status: in_force

54-3508. licensure by endorsement. Upon recommendation of the allied health advisory board, or upon its own motion, the board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who:

(1) Presents proof of current registration by the commission on dietetic registration;

(2) Presents proof of current licensure to engage in the practice of dietetics in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and

(3) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital or institution in any state or district.

History:

[54-3508, added 1994, ch. 217, sec. 1, p. 678; am. 2013, ch. 187, sec. 12, p. 457; am. 2017, ch. 294, sec. 8, p. 781; am. 2024, ch. 61, sec. 7, p. 292.]