Idaho Code § 39-1001 — Idaho Code / Title 39 / Chapter 10 / Section 39-1001
39-1001 SEROLOGICAL TEST OF PREGNANT OR RECENTLY-DELIVERED WOMEN.
Status: in_force

39-1001. Serological test of pregnant or recently-delivered women. Every licensed physician attending a pregnant woman for a condition relating to her pregnancy, or at delivery, or after delivery for a condition relating to her pregnancy, shall in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of first examination or within fifteen (15) days thereafter, and shall submit such sample to the laboratory of the department of health and welfare or to a laboratory approved by the director of the department, for a standard serological test for syphilis. In submitting such sample to the laboratory, the physician shall specify whether it is for a prenatal test or a test following recent delivery. The laboratory of the department of health and welfare shall analyze such sample upon the request of any licensed physician and may collect a fee for the performance of such analyses.

History:

[39-1001, added 1943, ch. 26, sec. 1, p. 53; am. 1970, ch. 26, sec. 1, p. 52; am. 1974, ch. 23, sec. 109, p. 633.]
Idaho Code § 39-1601 — Idaho Code / Title 39 / Chapter 16 / Section 39-1601
39-1601 STATEMENT OF PURPOSE.
Status: in_force

39-1601. Statement of purpose. The legislative intent of this chapter is to protect the public health by establishing standards and provisions for the regulation of food establishments; by delegating authority to the board of health and welfare to adopt rules covering the health and sanitation aspects of food establishments, to collect a fee to cover a portion of the cost of the food safety inspection program and by delegating the authority to the director of the department of health and welfare to enforce the provisions of this chapter. This chapter is enacted to ensure that consumers are not exposed to adverse health conditions arising out of the operation of food establishments.

History:

[39-1601, added 1991, ch. 142, sec. 2, p. 334; am. 1997, ch. 194, sec. 1, p. 548; repealed/new section added 1997, ch. 194, secs. 9 & 10, p. 551 (2007, ch. 96, repealed ch. 194, secs. 9 & 10)]
Idaho Code § 39-1207 — Idaho Code / Title 39 / Chapter 12 / Section 39-1207
39-1207 RESIDENTIAL SCHOOLS.
Status: in_force

39-1207. Residential schools. (1) Upon receipt of an initial disclosure report from a children's institution that the department categorizes as a residential school, the department shall provide a copy of such initial disclosure report to the Idaho department of education.

(2) The Idaho department of education shall certify to the department whether each residential school has been accredited according to the accrediting standards promulgated by the Idaho department of education, the Idaho state board of education or a secular or religious accrediting association recognized by the Idaho department of education.

(3) If a residential school has been certified as accredited under subsection (2) of this section, then the department shall exercise no further jurisdiction under this chapter over that accredited residential school so long as the accreditation for the residential school remains in effect.

(4) Upon certification of accreditation, the Idaho department of education shall notify the accredited residential school that all future update disclosure reports or other reports as the Idaho department of education may require shall be filed with the Idaho department of education so long as the accreditation remains in effect.

(5) Upon the determination by the Idaho department of education that a residential school is no longer accredited, it shall notify the department and shall notify the residential school that all future update disclosure reports must be filed with the department.

(6) A residential school that is not certified or accredited pursuant to this section or has lost accreditation shall be subject to the jurisdiction of the department as a children's treatment facility pursuant to section 39-1210, Idaho Code, unless and until accreditation is certified by the Idaho department of education pursuant to this section.

(7) The department has the authority to postpone for up to one (1) year the designation of a nonaccredited residential school as a children's treatment facility upon receipt of an affidavit under oath signed by a legally authorized agent of the nonaccredited residential school that application for accreditation has been made to the Idaho department of education, the Idaho state board of education or an affiliated accrediting association recognized by the Idaho department of education; and the department determines that the application is being pursued in good faith.

History:

[39-1207, added 1990, ch. 215, sec. 8, p. 573.]
Idaho Code § 39-5717 — Idaho Code / Title 39 / Chapter 57 / Section 39-5717
39-5717 SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES.
Status: in_force

39-5717. Shipping requirements — tobacco products or electronic smoking devices. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous statement providing as follows:

TOBACCO PRODUCTS or electronic smoking devices: IDAHO LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER THE AGE OF TWENTY-ONE (21) YEARS AND REQUIRES THE PAYMENT OF TAXES PURSUANT TO CHAPTER 25, TITLE 63, IDAHO CODE. PERSONS VIOLATING THIS LAW MAY BE CIVILLY AND CRIMINALLY LIABLE.

Anyone who delivers any such container distributes tobacco products or electronic smoking devices as defined in section 39-5702, Idaho Code, and is subject to the terms and requirements of this chapter. If a permittee taking a delivery sale order also delivers the tobacco products or electronic smoking devices without using a third-party delivery service, the permittee shall comply with all the requirements of vendor-assisted sales as defined in section 39-5702, Idaho Code.

History:

[39-5717, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 10, p. 122; am. 2020, ch. 318, sec. 14, p. 913; am. 2022, ch. 113, sec. 8, p. 421; am. 2025, ch. 64, sec. 10, p. 309; am. 2026, ch. 279, sec. 5, p. 1172.]
Idaho Code § 39-3614 — Idaho Code / Title 39 / Chapter 36 / Section 39-3614
39-3614 DUTIES OF THE BASIN ADVISORY GROUP.
Status: in_force

39-3614. Duties of the basin advisory group. Each basin advisory group shall meet as necessary to conduct the group's business and to provide general coordination of the water quality programs of all public agencies pertinent to each basin. Duties of the basin advisory groups shall include, but not be limited to, providing advice to the director for:

(1) Determining priorities for monitoring;

(2) Revisions in the beneficial uses designated for each stream and the status and attainability of designated or existing beneficial uses for the water bodies within the basin;

(3) Assigning water bodies to the categories described in section 39-3609, Idaho Code;

(4) Reviewing the development and implementation of total maximum daily load processes as described in section 39-3611, Idaho Code;

(5) Suggesting members of the watershed advisory groups described in section 39-3615, Idaho Code; and

(6) Establishing priorities for water quality programs within the basin based on the economic resources available to implement such programs.

In carrying out the provisions of this chapter, the director and the basin advisory groups shall employ all means of public involvement deemed necessary, including the public involvement required by section 39-3603, Idaho Code, or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.

History:

[39-3614, added 1995, ch. 352, sec. 1, p. 1174.]
Idaho Code § 39-3022 — Idaho Code / Title 39 / Chapter 30 / Section 39-3022
39-3022 ALTERNATE.
Status: in_force

39-3022. Alternate. The alternate required pursuant to article II(a) of the compact shall be designated by the western interstate nuclear board member representing the state of Idaho, and shall serve at his pleasure in an order specified by him.

History:

[39-3022, added 1969, ch. 34, sec. 3, p. 61.]
Idaho Code § 39-127 — Idaho Code / Title 39 / Chapter 1 / Section 39-127
39-127 APPLICATION OF FERTILIZERS AND PESTICIDES.
Status: in_force

39-127. Application of fertilizers and pesticides. No person shall be liable for ground water contamination resulting from the application of fertilizers or pesticides if the person applies a fertilizer according to generally accepted agronomic practices, or applies a pesticide product registered under the federal insecticide, fungicide, rodenticide act according to label requirements, including precautionary statements, of the U.S. environmental protection agency, and such application of the pesticide or fertilizer is otherwise done with the proper equipment required by law, is without negligence and is in accordance with state laws.

History:

[39-127, added 1989, ch. 421, sec. 2, p. 1033.]
Idaho Code § 39-5508 — Idaho Code / Title 39 / Chapter 55 / Section 39-5508
39-5508 POSTING OF SIGNS.
Status: in_force

39-5508. posting of signs. Signs shall be appropriately sized, conspicuous, legible with letters at least one (1) inch in height, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area. Signs may contain information such as the international smoking and no smoking symbols and references to this chapter.

History:

[39-5508, added 2025, ch. 64, sec. 3, p. 304.]
Idaho Code § 39-7427 — Idaho Code / Title 39 / Chapter 74 / Section 39-7427
39-7427 INSPECTIONS.
Status: in_force

39-7427. Inspections. (1) All MSWLF units shall be subject to routine inspection by the owner and director in accordance with relevant provisions of the Idaho Code.

(2)(a) Facilities subject to the imposition of the fees provided for in this chapter shall keep complete and accurate records, including certified scale or volume data as identified in this chapter, itemized invoices, shipping papers, and manifests for all types and quantities of solid waste subject to the fees imposed by this chapter.

(b) All books, documents, papers, electronic records, and other information required to be kept by this section shall be preserved for a period of at least five (5) years from the date of the record or the date of the entries appearing therein, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

(3) An authorized agent or employee of the department may enter any facility or site subject to the provisions of this chapter during normal business hours and inspect the premises and records required to be kept pursuant to this section to determine whether the facility or site is in compliance with provisions of this chapter and rules promulgated to meet requirements of this chapter and applicable federal law and regulations.

(4) Every three (3) to five (5) years, the owner and director shall jointly conduct a comprehensive inspection of the facility and review of the designs and plans to evaluate compliance with the applicable laws and regulations, identify areas of improvement, and provide technical guidance. A record of the review shall be kept at the facility and by the director.

(5) The director shall inspect ground water monitoring reports and financial assurance documentation annually.

History:

[(39-7427) 39-7419, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 20, p. 364; am. and redesig. 2026, ch. 7, sec. 31, p. 51.]
Idaho Code § 39-7204 — Idaho Code / Title 39 / Chapter 72 / Section 39-7204
39-7204 PARTICIPATION.
Status: in_force

39-7204. Participation. (1) To participate in the remediation program a person must submit an application to the department as described under subsection (2) of this section.

(2) An application submitted under this section must meet the following conditions:

(a) Contain the following general information concerning:

(i) the person,

(ii) the site, and

(iii) other background information as requested by the department;

(b) An environmental assessment that conforms to ASTM Standard Practice E 1527, as amended, or equivalent.

(3) Not more than thirty (30) days after receiving an application under subsection (2) of this section, the department shall determine if the person is eligible to participate in the remediation program under this chapter.

(4) The department may reject an application submitted under subsection (2) of this section for any of the following reasons:

(a) Remediation is required pursuant to sections 39-101 through 39-129, sections 39-4401 through 39-4432, or sections 39-7401 through 39-7429, Idaho Code, or rules promulgated thereunder, or other applicable statutory or common law; or

(b) The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment; or

(c) The application is not complete.

(5) If the application is rejected under subsection (4)(c) of this section, the department shall provide the person with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter.

(6) If the department rejects an application, the department shall do the following:

(a) Notify the person that the department rejected the application;

(b) Explain the reason the department rejected the application.

History:

[39-7204, added 1996, ch. 252, sec. 1, p. 797; am. 2026, ch. 7, sec. 36, p. 58.]
Idaho Code § 39-3512 — Idaho Code / Title 39 / Chapter 35 / Section 39-3512
39-3512 APPLICATION OF PROVISIONS.
Status: in_force

39-3512. Application of provisions. (1) Any individual who seeks payment for providing care to an elderly person or to an adult with a mental illness, developmental disability, or physical disability and who also houses the said vulnerable adult in his primary residence shall meet the requirements of this chapter or other provision of law governing care and housing for the elderly or for adults with mental illness, developmental disabilities, or physical disabilities if those provisions are more restrictive.

(2) The following are exempt from the requirements of this chapter:

(a) Arrangements for care to a vulnerable adult who does not live in his own home but lives in the primary residence of his relative, when payments for the vulnerable adult's care to that relative is wholly privately funded and no portion is from a publicly funded program.

(b) Medical foster homes if the home provides care only to veterans who are not medicaid recipients and who are approved by the department of veterans affairs to receive care in the home. Medical foster homes that provide care to nonveterans as well as veterans shall not be exempt from the certification requirements of this chapter.

History:

[39-3512, added 2024, ch. 63, sec. 19, p. 320.]
Idaho Code § 39-7408 — Idaho Code / Title 39 / Chapter 74 / Section 39-7408
39-7408 SITE CERTIFICATION PROCEDURE.
Status: in_force

39-7408. Site certification procedure. (1) It shall be the responsibility of each applicant to obtain site certification from the director. The site certification process is hereby established to ascertain compliance with the requirements of section 39-7407, Idaho Code.

(2) The site certification procedure shall be administered in accordance with the provisions of this chapter and rules promulgated pursuant thereto.

(3) Site certification is transferable with ownership of the site.

History:

[39-7408, added 1992, ch. 331, sec. 1, p. 982; am. 1993, ch. 139, sec. 8, p. 354; am. 2026, ch. 7, sec. 8, p. 35.]
Idaho Code § 39-6308 — Idaho Code / Title 39 / Chapter 63 / Section 39-6308
39-6308 EX PARTE TEMPORARY PROTECTION ORDER.
Status: in_force

39-6308. Ex parte temporary protection order. (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary protection order based upon the affidavit submitted or otherwise shall hold a hearing which may be ex parte on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order, pending a full hearing, and grant such other relief as the court deems proper, including an order:

(a) Restraining any party from committing acts of domestic violence;

(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;

(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

(d) Ordering other relief as the court deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter;

(e) Restraining the respondent from contacting, molesting, interfering with or menacing the minor children whose custody is awarded to the petitioner;

(f) Restraining the respondent from entering any premises when it appears to the court that such restraint is necessary to prevent the respondent from contacting, molesting, interfering with or menacing the petitioner or the minor children whose custody is awarded to the petitioner; and/or

(g) Restraining the respondent from taking more than personal clothing and toiletries and any other items specifically ordered by the court.

(2) An ex parte hearing to consider the issuance of a temporary protection order may be conducted by telephone in accordance with procedures established by the Idaho supreme court.

(3) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened the petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

(4) The court shall hold an ex parte hearing on the day the petition is filed or on the following judicial day.

(5) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days, but may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the temporary order. The respondent shall be served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing. If the ex parte temporary protection order substantially affects the respondent's rights to enter the domicile or the respondent's right to custody or visitation of the respondent's children and the ends of justice so require, the respondent may move the court for an order shortening the time period within which the hearing required under the provisions of section 39-6306, Idaho Code, must be held. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.

History:

[39-6308, added 1988, ch. 341, sec. 1, p. 1016; am. 1989, ch. 136, sec. 5, p. 308; am. 1990, ch. 234, sec. 2, p. 668.]
Idaho Code § 39-7413 — Idaho Code / Title 39 / Chapter 74 / Section 39-7413
39-7413 STANDARDS FOR OPERATION.
Status: in_force

39-7413. Standards for operation. Owners or operators of all MSWLF units shall:

(1) Obtain site certification, design approval, and operating plan approval prior to accepting waste;

(2) Implement a program for detecting and preventing disposal of regulated hazardous wastes as provided in 40 CFR 258.20;

(3) Provide for daily cover as provided in 40 CFR 258.21. Alternative materials or cover frequency other than daily cover may be used only as specified by the MSWLF plan of operation;

(4) Provide disease vector control as provided in 40 CFR 258.22;

(5) Implement a program of routine methane monitoring and control as provided in 40 CFR 258.23;

(6) Ensure that MSWLF units do not violate any ambient air quality standard or emission standard from any emission of landfill gases, combustion or any other emission associated with a MSWLF unit as provided in 40 CFR 258.24;

(7) Provide and control access as provided in 40 CFR 258.25;

(8) Design, construct, and maintain run-on and run-off control systems as provided in 40 CFR 258.26 to:

(a) Prevent all the run-on of surface waters and other liquids resulting from a maximum flow of a twenty-five (25) year storm, or snowmelt into the active portion of the MSWLF unit;

(b) Control the collection of the run-off of surface waters and other liquids resulting from a twenty-four (24) hour, twenty-five (25) year storm, or snowmelt, whichever is greater, from the active portion and the closed portions of a MSWLF unit; and

(c) Prevent the discharge of pollutants into waters of the United States and the state of Idaho as defined in 40 CFR 258.27;

(9) Prohibit the disposal of noncontainerized liquids or sludges containing free liquids in MSWLF units except as provided in 40 CFR 258.28;

(10) Establish an operating and recordkeeping procedure as provided in 40 CFR 258.29;

(11) Comply with operating procedures established by the board for implementation by the department, which are intended to ensure operations protect the public health and maintain the integrity of the landfill design; and

(12) For MSWLF units that dispose of more than twenty (20) tons per day of municipal solid waste based on an annual average:

(a) Monitor daily precipitation, air temperature, and wind speed and direction through on-site facilities or a designated local weather station; and

(b) Weigh all incoming waste or provide an equivalent method of measuring waste tonnage capable of estimating total annual solid waste tonnage.

History:

[(39-7413) 39-7412, added 1992, ch. 331, sec. 1, p. 986; am. and redesig. 1993, ch. 139, sec. 14, p. 361; am. 1994, ch. 75, sec. 7, p. 169; am. and redesig. 2026, ch. 7, sec. 17, p. 41.]
Idaho Code § 39-1203 — Idaho Code / Title 39 / Chapter 12 / Section 39-1203
39-1203 FILING OF DISCLOSURE REPORTS.
Status: in_force

39-1203. Filing of disclosure reports. All children's institutions except foster homes shall file with the department a disclosure report as designed by the department and containing only such information as set forth in section 39-1204, Idaho Code. All such disclosure reports shall be signed under oath by the administrative employee responsible for operation of the children's institution.

(1) An initial disclosure report shall be filed with the department:

(a) Within six (6) months of the effective date of this chapter for all children's institutions which are providing child care on the effective date of this chapter; or

(b) At least thirty (30) days prior to the acceptance of any child for child care.

(2) An annual update disclosure report shall be filed by all children's institutions except foster homes each year within thirty (30) days of the anniversary of the filing of the initial disclosure report. The department may waive the filing of an annual disclosure report by any children's institution.

History:

[39-1203, added 1990, ch. 215, sec. 4, p. 571; am. 1990, ch. 214, sec. 2, p. 566.]
Idaho Code § 39-1357 — Idaho Code / Title 39 / Chapter 13 / Section 39-1357
39-1357 ADJUSTMENT OF BOUNDARY LINES OR CONSOLIDATION OF HOSPITAL DISTRICTS.
Status: in_force

39-1357. Adjustment of boundary lines or consolidation of hospital districts. When there are two (2) or more hospital districts, which have at least one (1) common boundary, the boards of trustees of the hospital districts, meeting together, may determine that it is in the best interest of the qualified electors and prospective hospital patients that the boundary lines be adjusted or that the districts be consolidated, as herein provided.

The boards of trustees shall jointly prepare a petition describing the boundaries of the existing hospital districts, the names of the existing hospital districts, and praying for the reorganization of the territory therein described as one (1) or more hospital districts to be known as the "…. hospital district or districts" and with boundaries as set forth in the petition.

The petition shall be signed by the chairpersons of the hospital boards upon majority approval of the respective boards involved in the boundary adjustment or consolidation.

The petition shall be forwarded to the clerk of the board of county commissioners in each of the counties affected who shall verify the signatures, and shall file the petition. Thereupon, the board of county commissioners in each of the counties affected shall proceed with the hearing and resolution as outlined in sections 39-1320, 39-1321 and 39-1322, Idaho Code, and an election in the manner required for the establishment of a hospital district.

In the order granting the petition and adjusting the boundaries or establishing consolidation, the board of county commissioners in all counties affected shall certify the new boundaries and the name of the district or districts.

A copy of the order shall be transmitted to the board of trustees of the hospital districts involved.

Such other notices as may be required by law shall be filed by the board of trustees of the district, including a legal description and map of altered boundaries to be filed with the state tax commission within ten (10) days of the effective date of the change.

Following boundary adjustment, the board of county commissioners within five (5) days shall take action to reaffirm members of the board of trustees, or to appoint members of the board or boards, who shall be chosen from the members of the boards initiating the boundary adjustment to the extent possible. These trustees shall serve until the next annual election of trustees or until their successors are elected and qualified as provided in section 39-1326, Idaho Code. The board or boards of trustees shall be sworn by a member of the board of county commissioners.

Following a consolidation, the board of county commissioners within five (5) days shall appoint the members of the first board of trustees, who shall be chosen from the members of the boards of the consolidated districts and who shall serve until the next annual election of trustees or until their successors are elected and qualified. The board shall be sworn by a member of the board of county commissioners.

History:

[39-1357, added 1993, ch. 137, sec. 6, p. 340.]
Idaho Code § 39-1219 — Idaho Code / Title 39 / Chapter 12 / Section 39-1219
39-1219 APPEAL FROM DECISION OF DIRECTOR.
Status: in_force

39-1219. Appeal from decision of director. If an applicant or licensee feels aggrieved by a decision rendered as a result of a hearing, as provided in section 39-1218, Idaho Code, appeal may be taken to the district court of the county in which the group or foster home, facility, program or agency is located, in the manner and form as provided in chapter 52, title 67, Idaho Code, provided, however, the filing of notice of appeal shall not, unless otherwise ordered, stay the proceedings of the director.

History:

[39-1219, added 1963, ch. 320, sec. 12, p. 901; am. 1974, ch. 23, sec. 118, p. 633; am. 1990, ch. 215, sec. 20, p. 578; am. 2002, ch. 219, sec. 9, p. 604; am. 2025, ch. 82, sec. 95, p. 379.]
Idaho Code § 39-425 — Idaho Code / Title 39 / Chapter 4 / Section 39-425
39-425 STATE AID TO DISTRICTS — PROCEDURES.
Status: in_force

39-425. state aid to districts — Procedures. (1) The legislature may authorize or grant additional funds to the various public health districts for selected projects.

(2) The liability of the state of Idaho to the public health districts and the public health district fund and its divisions is limited to:

(a) The funds actually authorized or granted to the various public health districts as provided for in subsection (1) of this section; and

(b) The funds due the various health districts in payment of legally authorized contracts and agreements entered into between the departments of the state of Idaho and the various public health districts.

History:

[39-425, added 1976, ch. 295, sec. 2, p. 1021; am. 1986, ch. 64, sec. 1, p. 186; am. 1990, ch. 32, sec. 1, p. 47; am. 1999, ch. 61, sec. 7, p. 163; am. 2021, ch. 336, sec. 9, p. 1026.]
Idaho Code § 39-5202 — Idaho Code / Title 39 / Chapter 52 / Section 39-5202
39-5202 DEFINITIONS.
Status: in_force

39-5202. Definitions. As used in this chapter:

(1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member.

(2) "Family or household member" means one who is related by blood, marriage, or who resides or has resided with or has been married to the person committing the domestic violence.

(3) "Safe house" means a place available on an as needed basis for temporary residence to victims of domestic violence and their children.

(4) "Refuge" means a place available on a twenty-four (24) hour, seven (7) days a week basis, to provide temporary residence to victims of domestic violence and their children.

(5) "Crisis line" means an emergency twenty-four (24) hour telephone service staffed by persons able to provide information and referral to community services.

(6) "Council" means the Idaho council on domestic violence and victim assistance created in section 39-5203, Idaho Code.

History:

[39-5202, added 1982, ch. 181, sec. 1, p. 470; am. 2000, ch. 343, sec. 2, p. 1162.]
Idaho Code § 39-7502 — Idaho Code / Title 39 / Chapter 75 / Section 39-7502
39-7502 COMPACT ADMINISTRATOR.
Status: in_force

39-7502. Compact administrator. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall develop guidelines and procedures to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.

History:

[39-7502, added 1994, ch. 69, sec. 1, p. 146.]
Idaho Code § 39-4505 — Idaho Code / Title 39 / Chapter 45 / Section 39-4505
39-4505 BLOOD TESTING.
Status: in_force

39-4505. Blood testing. (1) A licensed independent practitioner may consent to ordering tests of a patient's or a deceased person's blood or other body fluids for the presence of blood-transmitted or body fluid-transmitted viruses or diseases without the prior consent of the patient if:

(a) There has been or is likely to be a significant exposure to the patient's or a deceased person's blood or body fluids by a person providing emergency or medical services to such patient which may result in the transmittal of a virus or disease; and

(b) The patient is unconscious or incapable of giving informed consent and the licensed independent practitioner is unable to obtain consent pursuant to section 39-4504, Idaho Code.

(2) The department of health and welfare shall promulgate rules identifying the blood-transmitted or body fluid-transmitted viruses or diseases for which blood tests or body fluid tests can be ordered under this section and defining the term "significant exposure" as provided in this section.

(3) Results of tests conducted under this section that confirm the presence of a blood-transmitted or body fluid-transmitted virus or disease shall be reported to the director of the department of health and welfare in the name of the patient or deceased person. The department records containing such test results shall be used only by public health officials who must conduct investigations. The exposed person shall only be informed of the results of the test and shall not be informed of the name of the patient or deceased person. Protocols shall be established by hospitals to maintain confidentiality while disseminating the necessary test result information to persons who may have a significant exposure to blood or other body fluids and to maintain records of such tests to preserve the confidentiality of the test results.

(4) Any person who willfully or maliciously discloses the results of a test conducted under this section, except pursuant to a written authorization by the person whose blood was tested or by such person's authorized representative, or as otherwise authorized by law, shall be guilty of a misdemeanor.

History:

[(39-4505) 39-4504, added 2005, ch. 120, sec. 2, p. 382; am. and redesig. 2007, ch. 196, sec. 5, p. 582; am. 2023, ch. 307, sec. 5, p. 925.]
Idaho Code § 39-2510 — Idaho Code / Title 39 / Chapter 25 / Section 39-2510
39-2510 FRAUDULENT INFORMATION ON GRANT APPLICATION.
Status: in_force

39-2510. FRAUDULENT INFORMATION ON GRANT APPLICATION. [EFFECTIVE UNTIL JUNE 30, 2029] Providing false information on any application or document submitted under this chapter is a misdemeanor and grounds for declaring the applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the rural nursing loan repayment grant program. This section shall not limit other remedies that may be available for the filing of false or fraudulent applications.

History:

[39-2510, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-3308 — Idaho Code / Title 39 / Chapter 33 / Section 39-3308
39-3308 ASSESSMENT.
Status: in_force

39-3308. Assessment. (1) Initial assessments may be completed within thirty (30) days prior to a resident's move into a residential care or assisted living facility, but must be completed prior to admission.

(2) The department shall employ uniform assessment criteria to assess function and cognitive disability. The conclusions shall be deemed the assessment and shall be used to provide appropriate placement and funding for service needs. The assessment shall also be used to ensure funding is cost-effective and appropriate when compared to other state programs relevant to the needs of the client being assessed. The department is authorized to develop rules, subject to legislative approval, regarding:

(a) Qualifications of persons making the assessments;

(b) Department's responsibility for state pay clients;

(c) Information to be included in an assessment;

(d) Use of an assessment in developing the negotiated service agreement;

(e) Use of assessments in determining facility staffing ratios; and

(f) Use of assessments for determining the ability of provider and facility to meet residents' needs and special training or licenses that may be required in caring for certain residents.

(3) The administrator shall ensure policies and procedures are developed and implemented to ensure nursing services are performed in accordance with applicable state regulations and the provisions of this chapter.

(4)(a) A licensed nurse shall visit the facility at least once every ninety (90) days to conduct quarterly nursing assessments for each resident. A licensed nurse is responsible for delegating to others as appropriate based on the nurse's license.

(b) The licensed nurse shall be available to address changes in a resident's health or mental status, to review and implement new orders, and to notify a physician or authorized provider when a resident repeatedly refuses to follow physician orders.

History:

[39-3308, added 1996, ch. 207, sec. 5, p. 636; am. 2005, ch. 280, sec. 10, p. 886; am. 2025, ch. 208, sec. 6, p. 938.]
Idaho Code § 39-5501 — Idaho Code / Title 39 / Chapter 55 / Section 39-5501
39-5501 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-5501. Legislative findings and intent. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infections, middle ear infections, and sudden infant death syndrome. In addition, public health officials have concluded that secondhand smoke can exacerbate adult asthma and allergies and cause eye, throat and nasal irritation. The conclusions of public health officials concerning secondhand tobacco smoke are sufficient to warrant measures that regulate smoking in public places in order to protect the public health and the health of employees who work at public places.

(2) The intent of this chapter is to protect the public health, comfort and environment, the health of employees who work at public places and the rights of nonsmokers to breathe clean air by prohibiting smoking in public places and at public meetings.

History:

[39-5501, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 1, p. 1166.]
Idaho Code § 39-3352 — Idaho Code / Title 39 / Chapter 33 / Section 39-3352
39-3352 UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES.
Status: in_force

39-3352. Unlicensed residential care or assisted living facilities. (1) No unlicensed residential care or assisted living facility shall operate in this state.

(2) A facility shall be deemed to be an "unlicensed residential care or assisted living facility" and "maintained and operated to provide services" if it is unlicensed and not exempt from licensure, and any one (1) of the following conditions is satisfied:

(a) The facility is, or is held out as or represented as, providing care, supervision and services.

(b) The facility accepts or retains residents who demonstrate the need for care, supervision, and services, as defined in this chapter or the rules adopted pursuant to this chapter.

(3) Upon discovery of an unlicensed residential care or assisted living facility, the department shall refer residents to the appropriate placement or adult protective services agency if either of the following conditions exist:

(a) There is an immediate threat to the resident's health and safety.

(b) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.

(4) A person found to be operating a residential care or assisted living facility without a license may be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed five thousand dollars ($5,000).

(5) In the event the county attorney in the county where the alleged violation occurred fails or refuses to act within thirty (30) days of notification of the violation, the attorney general is authorized to prosecute violations under the provisions of this section.

History:

[39-3352, added 1990, ch. 116, sec. 2, p. 256; am. 1993, ch. 373, sec. 10, p. 1352; am. 2000, ch. 274, sec. 38, p. 824; am. 2005, ch. 280, sec. 29, p. 897; am. 2025, ch. 208, sec. 16, p. 946.]
Idaho Code § 39-8807 — Idaho Code / Title 39 / Chapter 88 / Section 39-8807
39-8807 OPERATOR TRAINING.
Status: in_force

39-8807. Operator training. (1) The department shall adopt an operator training program to be conducted by either the department or a state of Idaho approved third party to help underground storage tank system owners and operators and their employees understand and comply with the requirements of this chapter and rules promulgated pursuant to this chapter. The training shall be consistent with 42 U.S.C. 6991i(a).

(2) Training conducted by the department shall be offered on location to owners, operators and employees of underground storage tank systems regulated under this chapter. The training shall be specific to the equipment on location.

History:

[39-8807, added 2007, ch. 29, sec. 1, p. 59; am. 2016, ch. 52, sec. 2, p. 149.]
Idaho Code § 39-7426 — Idaho Code / Title 39 / Chapter 74 / Section 39-7426
39-7426 SOLID WASTE REGULATORY FUND.
Status: in_force

39-7426. Solid waste regulatory fund. (1) There is hereby created and established in the state treasury the solid waste regulatory fund.

(2) The fund shall consist of revenues from the fees imposed by this chapter, together with any penalties, interest, or deficiency moneys collected by the department pursuant to the provisions of this chapter, and such other moneys that may be provided by legislative appropriation.

(3) Moneys in the fund and all interest earned thereon shall be kept in the solid waste regulatory fund and shall be expended by the department for the technical, legal, inspection, and administrative support necessary for implementing this chapter and rules promulgated to meet requirements of this chapter and applicable federal regulations.

History:

[39-7426, added 2026, ch. 7, sec. 30, p. 50.]
Idaho Code § 39-4706 — Idaho Code / Title 39 / Chapter 47 / Section 39-4706
39-4706 STANDARD MEDICAL INFORMATION FORM.
Status: in_force

39-4706. STANDARD MEDICAL INFORMATION FORM. (1) The department is authorized to create a standard medical information form providing space for each participant to supply, at a minimum, the following information:

(a) The participant's name;

(b) A photograph of the participant;

(c) Two (2) emergency contacts identified by the participant and their contact information;

(d) The participant's relevant medical information, including medical conditions, recent surgeries, allergies, and medications;

(e) The participant's hospital preference;

(f) Up to two (2) preferred physicians identified by the participant and their contact information; and

(g) The date on which the participant completed the form.

(2) The medical information form shall include a statement that the yellow dot program functions only as a facilitator and that all information supplied on the medical information form is the sole responsibility of the participant.

(3) The medical information form shall also include statements that the participant supplies the medical information voluntarily and that the participant authorizes the disclosure to, and use of, such medical information by emergency medical responders and other responders for the purposes described in section 39-4708, Idaho Code.

History:

[39-4706, added 2020, ch. 283, sec. 1, p. 825.]
Idaho Code § 39-5910 — Idaho Code / Title 39 / Chapter 59 / Section 39-5910
39-5910 RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE AWARD CRITERIA.
Status: in_force

39-5910. rural health care access and physician incentive Award criteria. (1) Rural health care access awards shall be made by the board based on the following weighted criteria:

(a) Background of bidding organization. The applicant must show adequate experience, knowledge, and qualifications to adequately perform the scope of work: weight = 10%;

(b) Community and organizational support. The applicant must demonstrate community and organizational support for the project: weight = 15%;

(c) Specificity and clarity of scope of project. The proposal will be evaluated based on the extent to which the goals and objectives are specific, measurable, and relevant to the purpose of the proposal and the activities planned to accomplish those objectives are germane and can be sustained beyond the grant time frame. Additionally, there must be a demonstrated need for and lack of availability of funds from other sources to address the primary health care needs of the defined area of service: weight = 35%;

(d) Monitoring and evaluation. The proposal will be evaluated based on the extent to which the monitoring and evaluation system will document program or activity progress and measure effectiveness: weight = 15%;

(e) Budget. The proposal will be evaluated based on the extent to which a detailed itemized budget and justification are consistent with stated objectives and planned program activities: weight = 25%.

(2) Physician incentive awards shall be made by the board based on ranking and priority of applicants in accordance with the following criteria:

(a) (i) Priority selection for physicians who were Idaho resident students and were assessed the rural physician incentive fee and paid into the fund, followed by physicians who were Idaho residents prior to completing medical school out of state and who did not contribute to the fund, followed by physicians from other states who were not Idaho residents;

(ii) Demonstrated physician shortage in the eligible area to be benefitted;

(iii) Demonstrated physician recruiting difficulties in the eligible area to be benefitted;

(iv) Support of the medical community and community leaders in the eligible area.

(b) In reviewing and weighing criteria, all relevant factors shall be considered.

(c) If a physician selected for an award of debt payments does not accept the award in the manner provided pursuant to the provisions of this chapter, then the award shall be awarded to the next eligible applicant who has not received an award.

(d) The physician is liable for the payments if the physician ceases to practice in the eligible area during the contract period.

History:

[39-5910, added 2000, ch. 262, sec. 2, p. 738; am. 2012, ch. 44, sec. 12, p. 138.]
Idaho Code § 39-9508 — Idaho Code / Title 39 / Chapter 95 / Section 39-9508
39-9508 RIGHT OF INTERVENTION.
Status: in_force

39-9508. right of intervention. The legislature, by concurrent resolution, may appoint one (1) or more of its members who sponsored or co-sponsored this chapter in his or her official capacity, or other member or members if the original sponsors and co-sponsors are no longer serving, to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

History:

[39-9508, added 2018, ch. 225, sec. 1, p. 513.]
Idaho Code § 39-7203 — Idaho Code / Title 39 / Chapter 72 / Section 39-7203
39-7203 GENERAL DEFINITIONS.
Status: in_force

39-7203. General definitions. As used in this chapter:

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

(2) "Department" means the department of environmental quality.

(3) "Eligible property owner" means any individual, association, partnership, firm, joint stock company, trust, estate, private corporation, or any other nonpublic entity that is the current owner of a contaminated property, but that did not cause, contribute, or consent to the release that led to the contamination or own the property at the time of the release that led to the contamination. An eligible property owner shall not include any individual, association, partnership, firm, joint stock company, trust, estate, private corporation, or any other nonpublic entity that is:

(a) Affiliated with any individual or entity that caused, contributed, or consented to the release that led to the contamination, or owned the property at the time of the release that led to the contamination, whether directly or through a direct or indirect familial relationship, or any contractual, corporate, or financial relationship, excluding such relationships created by a contract for the sale of the property at issue; or

(b) The owner as a result of a reorganization of an entity that caused, contributed, or consented to the release that led to the contamination, or that owned the property at the time of the release that led to the contamination.

(4) "Hazardous substance" has the meaning set forth in section 101(14) of the comprehensive environmental, response, compensation and liability act (CERCLA), 42 U.S.C. 9601 (14) as amended.

(5) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties.

(6) "Petroleum" includes petroleum asphalt and crude oil or any part of petroleum asphalt or crude oil that is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seven-tenths (14.7) pounds per square inch absolute).

(7) "Qualifying remediation costs" means reasonable costs incurred performing remediation activities integral to achieving the cleanup goals identified in a remediation work plan approved by the department.

(8) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance or petroleum.

(9) "Remediation" means any of the following:

(a) Actions necessary to prevent, minimize, or mitigate damages to the public health or welfare or to the environment, which may otherwise result from a release or threat of a release; or

(b) Actions consistent with a permanent remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous substance or petroleum into the environment to eliminate the release of hazardous substances or petroleum so that the hazardous substances or petroleum do not migrate to cause substantial danger to present or future public health or welfare or the environment; or

(c) The cleanup or removal of released hazardous substances or petroleum from the environment.

(10) "Site" means a parcel of real estate for which an application has been submitted under section 39-7204, Idaho Code.

(11) "Technical professional" means a professional geologist or professional engineer registered in the state of Idaho.

History:

[39-7203, added 1996, ch. 252, sec. 1, p. 796; am. 2001, ch. 103, sec. 66, p. 303; am. 2006, ch. 308, sec. 2, p. 948.]
Idaho Code § 39-6506 — Idaho Code / Title 39 / Chapter 65 / Section 39-6506
39-6506 RECYCLING AND REUSE OF WASTE TIRES.
Status: in_force

39-6506. Recycling and reuse of waste tires. The state of Idaho seeks to protect human health and the environment by encouraging the recycling and reuse of waste tires. Accordingly, the legislature directs the department to identify approved methods of recycling and reuse of waste tires.

History:

[39-6506, added 2003, ch. 281, sec. 7, p. 764.]
Idaho Code § 39-7112 — Idaho Code / Title 39 / Chapter 71 / Section 39-7112
39-7112 COST RECOVERY AND CIVIL REMEDIES.
Status: in_force

39-7112. Cost recovery and civil remedies. (1) The military division shall be responsible for recovering those costs incurred by the state arising out of a hazardous substance incident identified in section 39-7109, Idaho Code, and other costs including processing the documented costs submitted by response agencies, attorney's fees, investigation costs, prelitigation and litigation costs.

(2) In deciding whether to commence a cost recovery action, and against whom a cost recovery action will be filed, the military division in exercising its prosecutorial discretion will take into consideration the cause of the incident, the total amount of cost incurred in responding to the incident, the avoidability of the incident and such other factors as the military division deems appropriate.

(3) The remedy for the recovery of those emergency response costs identified in section 39-7109, Idaho Code, provided by this chapter shall be exclusive and shall not be used in conjunction with or in addition to any other remedy for recovery of such costs provided by applicable federal laws. Any person who receives compensation for the emergency response costs pursuant to any other federal or state law shall be precluded from recovering compensation for such costs pursuant to this chapter. Nothing in this chapter shall otherwise affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury or loss resulting from the release of any hazardous substance or potentially hazardous substance or for remedial action or the cost of remedial action for such release.

(4) It shall be the duty of the attorney general to commence any civil action brought by the military division pursuant to this chapter. At the request of a political subdivision of the state or a local governmental entity who has responded to or contained a hazardous substance incident, the attorney general may commence a civil action on their behalf pursuant to this chapter.

(5) Any person who renders assistance at the request of the incident commander or his authorized designee in response to a hazardous substance incident may file a civil action under the provisions of this chapter for recoverable costs which have not been reimbursed by the state.

(6) There is hereby created in the state treasury the hazardous substance emergency response fund. Recoveries by the state for reimbursed costs shall be deposited in said fund to offset amounts paid as reimbursement.

History:

[39-7112, added 1991, ch. 242, sec. 1, p. 590; am. 1997, ch. 121, sec. 8, p. 364; am. 2004, ch. 181, sec. 1, p. 568; am. 2009, ch. 281, sec. 6, p. 848.]
Idaho Code § 39-6111 — Idaho Code / Title 39 / Chapter 61 / Section 39-6111
39-6111 CRITERIA FOR THE J-1 PETITIONING PHYSICIAN.
Status: in_force

39-6111. Criteria for the J-1 petitioning physician. (1) The petitioning physician must not have a J-1 visa waiver pending for any other employment offer, and must provide a notarized statement testifying to this fact.

(2) The physician must have the qualifications described in recruitment efforts for a specific vacancy.

(3) Petitioning physicians must:

(a) Provide direct patient care full time; and

(b) Be trained in:

(i) Family medicine;

(ii) Internal medicine;

(iii) Pediatrics;

(iv) Obstetrics and gynecology;

(v) General surgery;

(vi) Psychiatry and its subspecialties; or

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

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

(5) The petitioning physician must agree with all provisions of the employment contract as described in section 39-6109, Idaho Code. Other negotiable terms of the contract are between the petitioning physician and the hiring agency.

(6) The petitioning physician must:

(a)(i) Agree to work full time for no less than three (3) years in an area of underservice in the state of Idaho;

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

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

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

History:

[39-6111, added 2004, ch. 128, sec. 1, p. 442; am. 2009, ch. 106, sec. 12, p. 332; am. 2014, ch. 61, sec. 2, p. 145; am. 2017, ch. 72, sec. 8, p. 177; am. 2023, ch. 31, sec. 6, p. 154.]
Idaho Code § 39-424A — Idaho Code / Title 39 / Chapter 4 / Section 39-424A
39-424A ADDITIONAL COUNTY AID TO DISTRICTS — PROCEDURES.
Status: in_force

39-424A. additional county aid to districts — procedures. (1) Beginning on January 1, 2022, and each year thereafter, the various boards of county commissioners shall be responsible for providing additional annual aid to the public health districts. The amount of such additional county aid shall not be less than the amount appropriated to the various public health districts by the legislature for state fiscal year 2021.

(2) The manner of apportioning the additional aid from the various counties shall be calculated pursuant to section 39-424, Idaho Code, unless an alternative manner of apportioning the additional aid is agreed to by the budget committees of the various public health districts.

(3) A county may use any fund balance accruing pursuant to chapter 35, title 31, Idaho Code, to fund the annual aid provided for in this section.

History:

[39-424A, added 2021, ch. 336, sec. 8, p. 1025; am. 2022, ch. 318, sec. 60, p. 1032.]
Idaho Code § 39-6301 — Idaho Code / Title 39 / Chapter 63 / Section 39-6301
39-6301 SHORT TITLE.
Status: in_force

39-6301. Short title. This chapter shall be known and may be cited as the "Domestic Violence Crime Prevention Act."

History:

[39-6301, added 1988, ch. 341, sec. 1, p. 1013.]
Idaho Code § 39-106 — Idaho Code / Title 39 / Chapter 1 / Section 39-106
39-106 DIRECTOR — ADDITIONAL POWERS AND DUTIES.
Status: in_force

39-106. Director — Additional powers and duties. The director shall, in addition to all other powers and duties inherent in the position:

(1) Prescribe such policies and procedures as may be necessary for the administration of the department, the conduct and duties of the employees, the orderly and efficient management of department business, and the custody, use and preservation of department records, papers, books and property belonging to the state;

(2) Employ such personnel as may be deemed necessary, prescribe their duties and fix their compensation within the limits provided by the state personnel system law;

(3) Administer oaths for all purposes required in the discharge of his duties;

(4) Prescribe the qualifications of all personnel of the department on a nonpartisan merit basis, in accordance with the Idaho personnel system law, provided, however, that the administrators in charge of any division of the department shall serve at the pleasure of the director; and

(5) Create such units, sections and subdivisions as are or may be necessary for the proper and efficient functioning of the department.

History:

[39-106, added 1972, ch. 347, sec. 6, p. 1017; am. 1974, ch. 23, sec. 50, p. 633; am. 1987, ch. 223, sec. 2, p. 476; am. 1990, ch. 56, sec. 2, p. 129; am. 2000, ch. 59, sec. 1, p. 125; am. 2000, ch. 132, sec. 9, p. 324; am. 2025, ch. 47, sec. 7, p. 227.]
Idaho Code § 39-4506 — Idaho Code / Title 39 / Chapter 45 / Section 39-4506
39-4506 SUFFICIENCY OF CONSENT.
Status: in_force

39-4506. Sufficiency of consent. Consent, or refusal to consent, for the furnishing of health care services shall be valid in all respects if the person giving or refusing the consent is sufficiently aware of pertinent facts respecting the need for, the nature of, and the significant risks ordinarily attendant upon such a person receiving such services, as to permit the giving or withholding of such consent to be a reasonably informed decision. Any such consent shall be deemed valid and so informed if the health care provider to whom it is given or by whom it is secured has made such disclosures and given such advice respecting pertinent facts and considerations as would ordinarily be made and given under the same or similar circumstances.

History:

[(39-4506) 39-4505, added 2005, ch. 120, sec. 2, p. 382; am. and redesig. 2007, ch. 196, sec. 6, p. 583; am. 2012, ch. 302, sec. 5, p. 828; am. 2023, ch. 307, sec. 6, p. 926.]
Idaho Code § 39-1211B — Idaho Code / Title 39 / Chapter 12 / Section 39-1211B
39-1211B FOSTER HOME HEALTH AND SAFETY REQUIREMENTS.
Status: in_force

39-1211B. foster home health and safety requirements. (1) Foster homes licensed by the department shall meet the health and safety requirements described in this section, except as provided by section 39-1211A, Idaho Code.

(2) The living space of a home licensed by the department must have:

(a) An adequate supply of safe drinking water. In cases of non-municipal water, the department may test for safety;

(b) A properly operating kitchen with a sink, refrigerator, stove, and oven;

(c) At least one (1) toilet, sink, and tub or shower in operating condition;

(d) Heating and cooling as required by the geographic area, consistent with accepted community standards and in safe operating condition; and

(e) A working phone or access to a working phone in close walking proximity.

(3) The applicant's home, grounds, and all structures on the grounds of the property must be properly maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards. The interior and exterior must be free from dangerous objects, conditions, and hazardous materials.

(4) The home shall have adequate lighting and ventilation, proper trash disposal, and, if recycling is available, proper recycling disposal.

(5) The home shall be free from rodent and insect infestation.

(6) The home shall have proper water heater temperature.

(7) Medications, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages in the home shall be stored such that they are not accessible by a child.

(8) Any pet or domestic animal that is suspected or known to be dangerous shall be kept in an area inaccessible to children. Dogs shall be vaccinated for rabies and comply with the provisions of section 25-2810, Idaho Code.

(9) Swimming pools, hot tubs, and spas shall meet all state, tribal, and local safety requirements. Additionally:

(a) Swimming pools shall have a barrier on all sides;

(b) Swimming pools shall have their methods of access through the barrier equipped with a safety device, such as a bolt lock;

(c) Swimming pools shall be equipped with a life saving device, such as a ring buoy;

(d) If a swimming pool cannot be emptied after each use, it shall have a working pump and filtering system; and

(e) Hot tubs and spas shall have safety covers that are locked when not in use.

(10) The home shall have at least one (1) functioning smoke detector on each level of occupancy of the home and at least one (1) functioning smoke detector near all sleeping areas.

(11) The home shall have at least one (1) functioning carbon monoxide detector on each level of occupancy of the home and at least one (1) functioning carbon monoxide detector near all sleeping areas. A living space that does not have equipment that produces carbon monoxide or does not have an attached garage is exempt from this requirement.

(12) The home shall:

(a) Have at least one (1) operable fire extinguisher that is readily accessible;

(b) Be free of obvious fire hazards such as defective heating equipment or improperly stored flammable materials;

(c) Have a written fire emergency evacuation plan posted in a prominent place in the home and reviewed with children placed for foster care;

(d) Maintain a comprehensive list of emergency telephone numbers, including poison control, posted in a prominent place in the home; and

(e) Maintain first aid supplies.

(13) The home shall provide a safe sleeping space, including sleeping supplies such as a mattress and linens or appropriate cribs for each individual child, as appropriate for the child's needs and age and similar to other household members. Foster parents may not co-sleep or bed-share with infants.

History:

[39-1211B, added 2025, ch. 124, sec. 1, p. 654.]
Idaho Code § 39-4112 — Idaho Code / Title 39 / Chapter 41 / Section 39-4112
39-4112 MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION.
Status: in_force

39-4112. Maximum permit fees to be assessed by the division. Building permit fees shall be as established by rules promulgated by the board. Until such rules are effective, building permit fees based on total value of the construction shall not exceed those given in table 3-A, Uniform Building Code, 1985.

History:

[39-4112, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 9, p. 414; am. 1990, ch. 155, sec. 1, p. 341; am. 2002, ch. 345, sec. 16, p. 972.]
Idaho Code § 39-2301 — Idaho Code / Title 39 / Chapter 23 / Section 39-2301
39-2301 BREAST CANCER SCREENING.
Status: in_force

39-2301. breast cancer SCREENING. (1) As used in this section, "supplemental breast screening" means a medically necessary and clinically appropriate examination of the breast using either standard or abbreviated magnetic resonance imaging, contrast mammogram imaging, or, if such imaging is not possible, ultrasound if recommended by the treating physician to screen for breast cancer when there is no abnormality seen or suspected in the breast.

(2) This section shall apply only to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual group evidence of coverage or similar coverage document that is offered by:

(a) An insurance company;

(b) A group hospital service corporation operating pursuant to chapter 34, title 41, Idaho Code;

(c) A managed care organization operating pursuant to chapter 39, title 41, Idaho Code;

(d) A fraternal benefit society operating pursuant to chapter 32, title 41, Idaho Code; or

(e) An exchange operating pursuant to chapter 61, title 41, Idaho Code.

(3) Notwithstanding any other provision of law to the contrary, a group or individual health benefit plan providing benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness shall also provide coverage for breast imaging. The minimum coverage required shall include all costs associated with one (1) supplemental breast screening every year in instances where a person is believed to be at an increased risk of breast cancer due to:

(a) Personal history of atypical breast histologies;

(b) Personal history or family history of breast cancer;

(c) Genetic predisposition for breast cancer;

(d) Prior therapeutic thoracic radiation therapy;

(e) Lifetime risk of breast cancer of greater than twenty percent (20%) according to risk assessment tools based on family history;

(f) Extremely dense breast tissue based on breast composition categories of the breast imaging and reporting data system established by the American college of radiology; or

(g) Heterogeneously dense breast tissue based on breast composition categories with any one (1) of the following risk factors:

(i) Personal history of BRCA1 or BRCA2 gene mutations;

(ii) First-degree relative with a BRCA1 or BRCA2 gene mutation who has not undergone genetic testing;

(iii) Prior therapeutic thoracic radiation therapy from ten (10) to thirty (30) years of age; or

(iv) Personal history of Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome, or a first-degree relative with one (1) of these syndromes.

(4) Nothing in this section shall be construed as to prevent the application of deductible, copayment, or coinsurance provisions contained in the policy or plan for breast imaging in excess of the minimum coverage required.

History:

[39-2301, added 2025, ch. 163, sec. 1, p. 783.]
Idaho Code § 39-7420 — Idaho Code / Title 39 / Chapter 74 / Section 39-7420
39-7420 REVIEW, APPROVAL, AND RECONCILIATION PROCESSES — GENERAL PROVISIONS.
Status: in_force

39-7420. review, approval, and reconciliation processes — general provisions. (1) A prospective applicant may request to meet with the department to discuss applicable standards, schedules, processes, potential concerns, and other information relevant to submitting an application pursuant to the provisions of this chapter.

(2)(a) Wherever technical evaluation of relevant information is required during the application process, a qualified professional, as appropriate, shall certify compliance with the applicable standards.

(b) The director shall accept certification by a qualified professional that standards have been met upon presentation of the professional's certification of compliance and presentation of a written explanation of operational practices that will be undertaken to meet applicable standards.

(3) Failure of the department or director to adhere to the statutory deadlines provided for in this chapter shall constitute:

(a) Notice that an application is determined to be complete; or

(b) Approval of an application.

(4) At any time in the review or reconciliation process, the applicant and director may agree, in writing, to:

(a) Extend any of the statutory time frames provided for in this chapter; or

(b) Enter into mediation or arbitration.

(5) Upon receipt of notice of approval, the applicant shall cause notice to be published pursuant to this chapter, informing the public of such approval.

History:

[39-7420, added 2026, ch. 7, sec. 24, p. 46.]
Idaho Code § 39-4705 — Idaho Code / Title 39 / Chapter 47 / Section 39-4705
39-4705 PUBLICIZING PROGRAM.
Status: in_force

39-4705. PUBLICIZING PROGRAM. The department shall take reasonable measures to publicize the yellow dot program to potential participants, law enforcement officers, and emergency medical responders. In publicizing the yellow dot program, the department may cooperate with local law enforcement agencies, fire departments, emergency medical services agencies, the department of veterans affairs, and other governmental agencies. The department may also cooperate with and seek the assistance of interested nonprofit organizations, including but not limited to AARP, American automobile association, disabled American veterans, American veterans (AMVETS), the American legion, veterans of foreign wars of the United States, the military order of the purple heart, and the Idaho commission on aging. The department may also develop training materials on the yellow dot program that may be furnished to law enforcement agencies, fire departments, and emergency medical services agencies and used by such organizations for training purposes.

History:

[39-4705, added 2020, ch. 283, sec. 1, p. 825.]
Idaho Code § 39-3914 — Idaho Code / Title 39 / Chapter 39 / Section 39-3914
39-3914 CIVIL AND CRIMINAL IMMUNITY — EXCEPTION.
Status: in_force

39-3914. Civil and criminal immunity — Exception. When an operation shall have been performed in compliance with the provisions of this law, no physician duly licensed to, without restriction, practice medicine and surgery in this state or other person legally participating in the execution of the provisions of this chapter shall be liable civilly or to criminal prosecution on account of such operation or participation therein, except in the case of negligence in the performance of said procedures. Nothing in this chapter shall be construed so as to prevent sterilization of persons subject to this chapter as part of emergency medical treatment or the voluntary sterilization of a person competent to give his or her consent.

History:

[39-3914, added 2003, ch. 189, sec. 2, p. 516.]
Idaho Code § 39-6717 — Idaho Code / Title 39 / Chapter 67 / Section 39-6717
39-6717 SAVINGS CLAUSE.
Status: in_force

39-6717. Savings clause. Nothing in this chapter shall alter or affect the provisions of section 39-114, Idaho Code, on the open burning of crop residue.

History:

[39-6717, added 2005, ch. 206, sec. 1, p. 622; am. 2008, ch. 71, sec. 5, p. 191.]
Idaho Code § 39-1396 — Idaho Code / Title 39 / Chapter 13 / Section 39-1396
39-1396 AUTHORITY TO ADMIT PATIENTS.
Status: in_force

39-1396. authority to admit patients. (1) A hospital or facility may grant to physicians, physician assistants and advanced practice nurses the privilege to admit patients to such hospital or facility; provided however, that admitting privileges may be granted only if the privileges are:

(a) Recommended by the medical staff at the hospital or facility;

(b) Approved by the governing board of the hospital or facility; and

(c) Within the scope of practice conferred by the license of the physician, physician assistant or advanced practice nurse.

(2) A hospital or facility shall specify in its bylaws the process by which its governing body and medical staff oversee those practitioners granted admitting privileges. Such oversight shall include, but is not limited to, credentialing and competency review.

History:

[39-1396, added 2017, ch. 278, sec. 1, p. 728.]
Idaho Code § 39-3621 — Idaho Code / Title 39 / Chapter 36 / Section 39-3621
39-3621 MONITORING PROVISIONS.
Status: in_force

39-3621. Monitoring provisions. The designated agencies, in cooperation with the appropriate land management agency and the department shall ensure best management practices are monitored for their effect on water quality. The monitoring results shall be presented to the department on a schedule agreed to between the designated agency and the department.

History:

[39-3621, added 1995, ch. 352, sec. 1, p. 1177.]
Idaho Code § 39-3023 — Idaho Code / Title 39 / Chapter 30 / Section 39-3023
39-3023 COPIES OF BY-LAWS TO BE FILED WITH STATE OFFICERS.
Status: in_force

39-3023. Copies of by-laws to be filed with state officers. Pursuant to article II(j) of the compact, the western interstate nuclear board shall file copies of its by-laws and any amendments thereto with the secretary of state and the executive director of the office of nuclear energy development.

History:

[39-3023, added 1969, ch. 34, sec. 4, p. 61.]
Idaho Code § 39-5301A — Idaho Code / Title 39 / Chapter 53 / Section 39-5301A
39-5301A DECLARATION OF POLICY.
Status: in_force

39-5301A. Declaration of policy. (1) It is the intent of the adult abuse, neglect, and exploitation act to authorize the fewest possible restrictions on the exercise of personal freedom and religious beliefs consistent with a vulnerable adult's need for services and to empower vulnerable adults to protect themselves.

(2) The legislature recognizes that vulnerable adults sometimes experience difficulties managing their own affairs or are unable to protect themselves from maltreatment. Often, vulnerable adults cannot find others who are able or willing to provide assistance.

(3) The commission is directed to investigate allegations of vulnerable adult maltreatment, to make appropriate referrals to law enforcement, and to arrange for the provision of necessary services. Further, the commission shall honor a vulnerable adult's freedom of choice and right to self-determination. When it becomes necessary for the commission to assist a vulnerable adult, actions shall be tempered by the requirements of due process and must place the fewest possible restrictions on personal freedom. Services provided under this chapter are also intended to provide assistance to a caregiver to help maintain a vulnerable adult in the household.

(4) In the process of carrying out its adult protective services responsibilities, the commission is directed to make effective use of multidisciplinary services available through any and all public agencies, community-based organizations, and informal resources.

History:

[39-5301A, added 1998, ch. 308, sec. 2, p. 1020; am. 2019, ch. 43, sec. 1, p. 116; am. 2023, ch. 158, sec. 1, p. 426.]
Idaho Code § 39-1111 — Idaho Code / Title 39 / Chapter 11 / Section 39-1111
39-1111 RULES AUTHORIZED.
Status: in_force

39-1111. Rules authorized. In order to implement the provisions of this chapter, the department, in addition to other duties imposed by law, is hereby authorized and directed through rulemaking to establish procedures necessary to implement the provisions of this chapter including procedure for submission of required certificates as provided in sections 39-1109 and 39-1110, Idaho Code, and to conduct the criminal history check provided in section 39-1105, Idaho Code. The rulemaking authority granted in this section shall be limited to the specific standards and procedures required by this chapter. The department shall seek to move all necessary rules into this chapter by July 1, 2026.

History:

[39-1111, added 1987, ch. 56, sec. 1, p. 96; am. 2009, ch. 295, sec. 11, p. 879; am. 2025, ch. 185, sec. 7, p. 865.]
Idaho Code § 39-7205 — Idaho Code / Title 39 / Chapter 72 / Section 39-7205
39-7205 WORK PLANS.
Status: in_force

39-7205. Work plans. (1) If the department determines an application is eligible under this chapter, the person may submit a proposed voluntary remediation work plan to the department. Before the department evaluates a proposed voluntary remediation work plan, the person who submitted the work plan and the department must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementation of the work plan.

(a) A voluntary remediation agreement must include the following:

(i) An estimation of costs the department may incur under this chapter;

(ii) A payment schedule of all reasonable costs estimated to be incurred by the department in the review and oversight of the work plan;

(iii) A provision for the department's oversight including access to site and pertinent site records;

(iv) A timetable for the department to do the following:

1. Reasonably review and evaluate the adequacy of the work plan; or

2. Make a determination concerning the approval or rejection of the work plan;

(v) A provision to modify the voluntary remediation agreement and voluntary remediation work plan based upon unanticipated site conditions;

(vi) Any other conditions considered necessary by the department or the person concerning the effective and efficient implementation of this chapter.

(b) A proposed voluntary remediation work plan must include a proposed statement of work and schedule to accomplish the remediation in accordance with rules established by the board. Any institutional control proposed as part of a work plan that requires activity and/or use limitations shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code.

(2) If a voluntary remediation agreement is not reached between a person and the department within a reasonable time after good faith negotiations have begun, the person or the department may withdraw from the negotiations.

History:

[39-7205, added 1996, ch. 252, sec. 1, p. 798; am. 2010, ch. 99, sec. 1, p. 191.]
Idaho Code § 39-3502 — Idaho Code / Title 39 / Chapter 35 / Section 39-3502
39-3502 DEFINITIONS.
Status: in_force

39-3502. Definitions. As used in this chapter:

(1) "Abuse" means a nonaccidental act of sexual, physical, or mental mistreatment or injury of a resident through the action or inaction of another individual.

(2) "Activities of daily living" means the performance of basic self-care activities in meeting resident needs to sustain the resident in a daily living environment, including but not limited to bathing, washing, dressing, toileting, grooming, eating, communication, continence, mobility, and associated tasks.

(3) "Adult" means a person who has attained the age of eighteen (18) years.

(4) "Advocate" means an authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of a population group served by the certified family home.

(5) "Assessment" means the conclusions reached using uniform criteria that identifies resident strengths, weaknesses, risks, and functional, medical, and behavioral needs.

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

(7) "Care provider" means the adult member of the certified family home designated as the care provider on the certificate issued by the department. The care provider is responsible for ensuring the resident's needs are met, maintaining the home, and otherwise ensuring compliance with all laws and rules pertaining to the care provider's certification. The care provider and the legal owner of the home may not necessarily be the same person.

(8) "Certified family home" means a home and care provider certified by the department to provide housing in a family-style living environment and care to one (1) to four (4) residents.

(9) "Certifying agent" means any person who under the authority of the department participates in the certification, inspection, and regulation of a proposed or existing certified family home.

(10) "Chemical restraint" means any drug that is used for discipline or convenience and not required to treat medical symptoms.

(11) "Core issues" means any of the following: abuse; neglect; exploitation; inadequate care; inoperable fire detection or extinguishing systems with no fire watch in place pending the correction of the system; operation without required department criminal history and background check clearances or with an unconditional denial of such clearance; and situations in which advocates, representatives of the department, or certifying agents are denied access to records, residents, or the certified family home according to their respective authorities.

(12) "Critical incident" means any actual or alleged event or situation that creates a significant risk of serious harm to the safety or well-being of a resident.

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

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

(15) "Exploitation" means the illegal or improper use of, control over, or withholding of the property, income, resources, or trust fund of a vulnerable adult by any person or entity for profit or advantage other than for the vulnerable adult's profit or advantage.

(16) "Governmental unit" means the state, any county, any city, any other political subdivision, or any department, division, board, or other agency thereof.

(17) "Health care professional" means a licensed worker in the field of medicine, nursing, anesthesiology, occupational or physical therapy, chiropractics, counseling, nutrition, dentistry, optometry, audiology, psychiatry, or any other profession focused on diagnosing or treating human health or wellness licensed by the state of Idaho.

(18) "Inadequate care" occurs when a certified family home: fails to provide the services required to meet the terms of any resident's negotiated plan of service or to provide for room, board, assistance as needed with activities of daily living or instrumental activities of daily living, appropriate supervision, proper assistance and monitoring of medications, first aid or other emergency intervention as needed, coordination of supportive services, or a safe living environment; engages in any violation of residents' rights; or admits or retains residents in violation of the provisions of section 39-3507, Idaho Code.

(19) "Incidental supervision" occurs when the care provider designates a responsible adult to provide only short-term supervision to the resident in the brief absence of the care provider.

(20) "Instrumental activities of daily living" means the performance of secondary level activities that enable a person to live independently in the community, including but not limited to preparing meals, accessing transportation, shopping, laundry, money management, housework, using tools and technology, and other associated tasks.

(21) "Medical foster home" means a private home approved by the department of veterans affairs in which a caregiver provides long-term primary health care to veteran residents with serious chronic disease and disability, as described in 38 CFR 17.

(22) "Neglect" means failure to ensure the provision of adequate food, clothing, shelter, or medical care reasonably necessary to sustain the life and health of a resident.

(23) "Personal assistance" means the provision by the certified family home of one (1) or more of the following services:

(a) Assisting the resident with activities of daily living or instrumental activities of daily living;

(b) Assisting the resident with medications;

(c) Coordinating supportive services for the resident;

(d) Supporting the resident with adequate and appropriate supervision; and

(e) Encouraging the resident toward independence and supporting the resident's self-advocacy.

(24) "Physical restraint" means any manual method or physical or mechanical device, equipment, or material that is attached or adjacent to the resident's body and that cannot be easily removed by the resident, that restricts the resident's movement or normal access to the resident's body, and that is imposed on the resident for reasons of discipline or convenience and not as a treatment for a condition as ordered by the resident's health care professional.

(25) "Plan of service" means the negotiated agreement reached between the care provider and the resident or the resident representative, if applicable, describing the obligations of the certified family home for the resident's care.

(26) "Political subdivision" means a city or county.

(27) "Primary residence" means a person's place of permanent domicile or residence and to which, when the person is temporarily absent, the person intends to return.

(28) "Relative" means a person related by birth, adoption, or marriage to the third degree, including spouses, parents, children, siblings, grandparents, grandchildren, aunts, uncles, nephews, nieces, great-grandparents, great-grandchildren, great-aunts, great-uncles, and first cousins.

(29) "Representative of the department" means an employee of the department.

(30) "Resident" means an adult who lives in a certified family home who has contracted with the care provider to receive care and housing and who is not able to reside in his own home without personal assistance or who requires help in daily living, protection and security, supervision, or encouragement toward independence.

(31)(a) "Resident representative" means any of the following:

(i) A court-appointed guardian or conservator of the resident;

(ii) A person authorized by state or federal law, including but not limited to agents under power of attorney or representative payees and other fiduciaries, to act on behalf of the resident in order to: support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications;

(iii) A legal representative who stands in place of the resident under authority recognized by law with respect to the resident's property or interests; or

(iv) An individual chosen by the resident in writing to act on behalf of the resident in order to: support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.

(b) Nothing in this subsection is intended to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law, or a court of competent jurisdiction or to limit the number of representatives a resident may have.

(32) "Room and board" means lodging and meals.

(33) "Substitute caregiver" means an adult designated by the care provider to provide care and services to residents in a certified family home in the temporary absence of the regular care provider.

(34) "Supervision" means activity that provides protection, guidance, knowledge of the resident's whereabouts, and monitoring of the activities of the resident while under the care of certified family home staff to ensure the resident's safety and well-being.

(35) "Supportive services" means any service pertaining to the resident's well-being that is not directly provided by the care provider and may include but is not limited to habilitation, rehabilitation, social, legal, medical, dental, educational, mental health, or community referral services.

History:

[39-3502, added 2024, ch. 63, sec. 4, p. 312.]
Idaho Code § 39-256 — Idaho Code / Title 39 / Chapter 2 / Section 39-256
39-256 REGISTRATION OF FOUNDLINGS.
Status: in_force

39-256. Registration of foundlings. A foundling certificate shall be filed for each child of unknown parentage within fifteen (15) days of the time the child was found and in the form prescribed by the board. The certificate shall be prepared by the person assuming custody of the child and shall be filed with the local registrar of the district in which the child was found. Such certificate shall be acceptable for all purposes in lieu of a certificate of birth.

History:

[(39-256) 1949, ch. 72, sec. 17, p. 117; am. and redesignated 1983, ch. 7, sec. 16, p. 31.]
Idaho Code § 39-305 — Idaho Code / Title 39 / Chapter 3 / Section 39-305
39-305 STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACILITIES — ENFORCEMENT PROCEDURES — PENALTIES.
Status: in_force

39-305. Standards for public and private treatment facilities — Enforcement procedures — Penalties. (1) The board of health and welfare shall establish standards for approved treatment facilities, which shall be met in order for a treatment facility to be approved as a public or private treatment facility. The standards shall prescribe the health standards to be met and standards of treatment to be afforded patients.

(2) The department shall periodically inspect approved public and private treatment facilities.

(3) The department shall maintain a list of approved public and private treatment facilities.

(4) Each approved public and private treatment facility shall file with the department any data, statistics, records, and information the department reasonably requires. An approved public or private treatment facility that, without good cause, fails to furnish any data, statistics, records, or information as requested, or that files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.

(5) The board of health and welfare, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.

(6) A district court may restrain any violation of this act, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.

History:

[I.C., sec. 39-305, as added by S.L. 1975, ch. 149, sec. 1, p. 376.]
Idaho Code § 39-9108 — Idaho Code / Title 39 / Chapter 91 / Section 39-9108
39-9108 SERVICES TO BE NONDISCRIMINATORY — FEES.
Status: in_force

39-9108. SERVICES TO BE NONDISCRIMINATORY — FEES. No regional crisis center shall refuse service to any person because of race, color, religion or because of inability to pay. Persons receiving services may be charged fees for the services they receive. The crisis center fee determination schedule shall be approved by the department of health and welfare. Fees collected by the crisis centers shall become part of their budget and utilized at the direction of the crisis center's board or governance committee.

History:

[39-9108, added 2014, ch. 131, sec. 1, p. 366.]
Idaho Code § 39-5705 — Idaho Code / Title 39 / Chapter 57 / Section 39-5705
39-5705 SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.
Status: in_force

39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.

(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller's violation of this section.

History:

[39-5705, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 1, p. 74; am. 2012, ch. 39, sec. 3, p. 119; am. 2020, ch. 318, sec. 5, p. 909; am. 2022, ch. 113, sec. 4, p. 419.]
Idaho Code § 39-6104 — Idaho Code / Title 39 / Chapter 61 / Section 39-6104
39-6104 INCORPORATION BY REFERENCE.
Status: in_force

39-6104. Incorporation by reference. P.L. 103-416, amended by P.L. 107-273, November 2, 2002, 8 U.S.C. 1184(l) and 22 CFR 41.63(e), F.R. volume 60, No. 197, 8 CFR 214.12, 8 CFR 245 and 18 U.S.C. 1001 are incorporated by reference.

History:

[39-6104, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 4, p. 326; am. 2021, ch. 321, sec. 23, p. 966.]
Idaho Code § 39-8601 — Idaho Code / Title 39 / Chapter 86 / Section 39-8601
39-8601 SHORT TITLE.
Status: in_force

39-8601. Short title. This chapter shall be known and may be cited as the "Elevator Safety Code Act."

History:

[39-8601, added 2004, ch. 359, sec. 1, p. 1067.]
Idaho Code § 39-5716 — Idaho Code / Title 39 / Chapter 57 / Section 39-5716
39-5716 DISCLOSURE AND NOTICE REQUIREMENTS.
Status: in_force

39-5716. Disclosure and notice requirements. For all delivery sales a permittee shall post on any advertisement or website:

(1) The cautionary language for signs under section 39-5704(6), Idaho Code;

(2) A prominent and clearly legible statement that consists of one (1) of the warnings set forth in section 4(a)(1) of the federal cigarette labeling and advertising act (15 U.S.C. section 1333(a)(1)) rotated on a quarterly basis;

(3) A prominent and clearly legible statement that sales of cigarettes are taxable under chapter 25, title 63, Idaho Code, and an explanation of how such tax has been, or is to be paid, with respect to such delivery sale.

History:

[39-5716, added 2003, ch. 273, sec. 3, p. 730.]
Idaho Code § 39-2809 — Idaho Code / Title 39 / Chapter 28 / Section 39-2809
39-2809 SHORT TITLE.
Status: in_force

39-2809. Short title. This chapter may be cited as the "Idaho Mosquito and Vermin Abatement Act."

History:

[39-2809, added 1959, ch. 81, sec. 10, p. 186; am. 2007, ch. 188, sec. 7, p. 551.]
Idaho Code § 39-3305 — Idaho Code / Title 39 / Chapter 33 / Section 39-3305
39-3305 RULES.
Status: in_force

39-3305. Rules. (1) The board is authorized to adopt, amend, repeal and enforce such rules, subject to legislative approval, as may be necessary or proper to carry out the purpose and intent of this chapter which are designed to protect the health, safety and individual rights of residents in residential care or assisted living facilities. The department shall exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. These rules are authorized, subject to legislative approval, to be promulgated in accordance with the provisions of the Idaho administrative procedure act. The department is authorized to, through negotiated rulemaking, promulgate rules in the following areas, subject to legislative approval:

(a) Minimum criteria for the assessment;

(b) Minimum criteria for the negotiated service agreement;

(c) Guidelines for the facility's physical environment and location;

(d) Criteria for the facility's license, to include:

(i) Initial license application criteria and procedures;

(ii) License renewal criteria, procedures and timing;

(iii) Inspection criteria and procedures;

(iv) Denial and revocation of license criteria and procedures; and

(v) Effect of previous revocation or denial of license.

(e) Remedy and enforcement provisions for noncompliance with statute.

(2) Rules are authorized to be drafted and promulgated, subject to legislative approval, following negotiation with interested providers, assisted living associations, and advocates.

History:

[39-3305, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 5, p. 1350; am. 2000, ch. 274, sec. 13, p. 814; am. 2005, ch. 280, sec. 7, p. 885; am. 2025, ch. 208, sec. 4, p. 938.]
Idaho Code § 39-3138 — Idaho Code / Title 39 / Chapter 31 / Section 39-3138
39-3138 EXISTING STATE-COUNTY CONTRACTS FOR SERVICES.
Status: in_force

39-3138. Existing state-county contracts for services. No section of this chapter shall invalidate, or prohibit the continuance of, existing state-county contracts for the delivery of behavioral health services within the participating counties.

History:

[39-3138, added 1969, ch. 202, sec. 16, p. 589; am. 2014, ch. 43, sec. 26, p. 116.]
Idaho Code § 39-9509 — Idaho Code / Title 39 / Chapter 95 / Section 39-9509
39-9509 SEVERABILITY.
Status: in_force

39-9509. severability. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[39-9509, added 2018, ch. 225, sec. 1, p. 514.]
Idaho Code § 39-7102 — Idaho Code / Title 39 / Chapter 71 / Section 39-7102
39-7102 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

39-7102. Legislative findings and purposes. (1) The legislature of the state of Idaho finds:

(a) That the state has a duty to protect the health, safety and welfare of the people of Idaho;

(b) That the protection and preservation of Idaho's environment promotes the health, safety and welfare of her people;

(c) That the unexpected and uncontrolled releases or threat of releases of hazardous substances constitute a threat to the people and environment of Idaho; and

(d) That knowledgeable persons, governmental entities and organizations should be encouraged to lend expert assistance in the event of a hazardous substance incident.

(2) Therefore, it is hereby declared that the purposes of the provisions of this chapter are:

(a) To facilitate emergency response planning and coordination at a state and local level;

(b) To provide for the prompt response and containment of releases or threats of release of hazardous or potentially hazardous substances to include explosives and weapons of mass destruction;

(c) To provide liability for emergency response costs associated with responding to hazardous substances incidents;

(d) To encourage knowledgeable persons, governmental entities and organizations to lend assistance by providing them with limited immunity from civil liability; and

(e) To provide a mechanism for recovery of costs incurred by the state and local governments in responding to emergency hazardous substance incidents to be used in lieu of, and not in addition to, cost recovery mechanisms or claims for relief provided by applicable federal laws. By enacting this chapter, it is the intent of the legislature that the state and local governments elect to proceed in state courts under the provisions of this chapter and other provisions of state law rather than in federal court under federal laws, where necessary to recover emergency response costs. There is no provision for cost recovery for a hazardous substance incident response occurring on private property where the owner responds to the incident with the approval of the incident commander.

History:

[39-7102, added 1991, ch. 242, sec. 1, p. 583; am. 2009, ch. 281, sec. 1, p. 844.]
Idaho Code § 39-3623 — Idaho Code / Title 39 / Chapter 36 / Section 39-3623
39-3623 EFFECT OF RULES.
Status: in_force

39-3623. Effect of rules. (1) Every rule promulgated within the authority conferred in sections 39-3617 through 39-3622, Idaho Code, shall be of temporary effect and shall become permanent only by enactment of statute at the first regular session following adoption of the rule. Rules not approved in the above manner shall be rejected, null, void and of no force and effect on July 1, following submission of the rules to the legislature.

(2) The rules promulgated within the authority conferred in this act and adopted by the board of environmental quality on November 10, 2010, and contained in IDAPA 58.01.02.010, 58.01.02.051 and 58.01.02.052, and on November 19, 2014, and contained in IDAPA 58.01.02.060 and 58.01.02.010 are hereby approved by the legislature. A mixing zone approved by the department shall be subject to the applicable laws and rules for mixing zones in effect at the time it is approved and such mixing zone shall remain effective until the applicable permit is renewed or modified.

History:

[39-3623, added 1995, ch. 352, sec. 1, p. 1177; am. 2011, ch. 116, sec. 4, p. 325; am. 2015, ch. 98, sec. 1, p. 239; am. 2025, ch. 47, sec. 11, p. 231.]
Idaho Code § 39-8810 — Idaho Code / Title 39 / Chapter 88 / Section 39-8810
39-8810 UNDERGROUND STORAGE TANK DATABASE.
Status: in_force

39-8810. Underground storage tank database. The department shall develop and use a database, which shall be available to the public on the internet, detailing the status of all underground storage tanks in the state of Idaho which are subject to regulation, including whether they are subject to delivery prohibition. The department shall develop the database within one (1) year of the effective date of this chapter. Such database shall be accurate, updated no less than quarterly, and subject to public review and correction by petition to the department.

History:

[39-8810, added 2007, ch. 29, sec. 1, p. 60.]
Idaho Code § 39-9408 — Idaho Code / Title 39 / Chapter 94 / Section 39-9408
39-9408 LIMITATIONS.
Status: in_force

39-9408. limitations. (1) This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against a physician or any other person or entity involved in the care of an eligible patient using an investigational drug, biological product or device for any harm done to the eligible patient resulting from the investigational drug, biological product or device, provided that the manufacturer, physician, or person or entity has exercised reasonable care and complied in good faith with the terms of this chapter.

(2) This chapter does not create a private cause of action against a treating physician who refuses to recommend an investigational drug, biological product or device to a patient with a terminal illness.

History:

[(39-9408) 39-9308, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
Idaho Code § 39-2508 — Idaho Code / Title 39 / Chapter 25 / Section 39-2508
39-2508 RURAL NURSING LOAN REPAYMENT GRANT AWARD SCHEDULE.
Status: in_force

39-2508. RURAL NURSING LOAN REPAYMENT GRANT AWARD SCHEDULE. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The board shall conduct the grant process in accordance with the schedule provided in this section.

(2) The department will make available a list of areas eligible for potential grant assistance no later than August 1 prior to the application period.

(3) The department shall develop an application form and make guidance available no later than October 1, which shall initiate the application period prior to the grant period.

(4) The completed application shall be submitted to the department no later than November 30 of the application period.

(5) Applications will be reviewed by the board, and the board will select award recipients from qualified applicants.

(6) The board shall issue notification to every applicant regarding the disposition of their grant request by February 15 prior to the grant period.

(7) Funds for approved rural nursing loan repayment grants shall be disbursed upon verified completion of employment by eligible employers after one (1) year, two (2) years, or three (3) years of continuous employment, according to the payment schedule, that meets grant criteria.

History:

[39-2508, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-1455 — Idaho Code / Title 39 / Chapter 14 / Section 39-1455
39-1455 POWERS NOT RESTRICTED — LAW COMPLETE IN ITSELF.
Status: in_force

39-1455. Powers not restricted — Law complete in itself. Neither this act nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, referendum, notice or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.

History:

[39-1455, added 1972, ch. 134, sec. 15, p. 286.]
Idaho Code § 39-3528 — Idaho Code / Title 39 / Chapter 35 / Section 39-3528
39-3528 OPERATING WITHOUT CERTIFICATION — MISDEMEANOR.
Status: in_force

39-3528. Operating without certification — Misdemeanor. (1) Any individual to whom the provisions of this chapter apply as described in section 39-3512, Idaho Code, who is paid for providing care to a vulnerable adult living in his home within the state without first obtaining certification as provided in this chapter shall be guilty of a misdemeanor.

(2) Authority to prosecute violations of this section is granted to the attorney general and the county attorney in the county where the person who is alleged to be operating without certification lives.

History:

[39-3528, added 2024, ch. 63, sec. 39, p. 326.]
Idaho Code § 39-1456 — Idaho Code / Title 39 / Chapter 14 / Section 39-1456
39-1456 FACILITIES GOVERNED BY LAWS OF LOCALITY.
Status: in_force

39-1456. Facilities governed by laws of locality. All facilities shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.

History:

[39-1456, added 1972, ch. 134, sec. 16, p. 286.]
Idaho Code § 39-1107 — Idaho Code / Title 39 / Chapter 11 / Section 39-1107
39-1107 FEES.
Status: in_force

39-1107. Fees. (1) The total fee to be assessed for a daycare license shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with thirteen (13) to twenty-five (25) children in attendance at any given time and one hundred dollars ($100) for all other daycare facilities. Criminal history background check fees shall be in addition, but at actual cost. No other fees shall be charged for each license period.

(2) The department may use Idaho child care program funds to pay for the costs associated with licensing of daycare facilities to the extent that fees collected from the facilities do not fully cover such costs. It is the intent of the legislature that licensing fees and Idaho child care program funds shall fully fund daycare facility licensing administration.

History:

[39-1107, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 72, sec. 1, p. 208; am. 1993, ch. 23, sec. 1, p. 83; am. 2009, ch. 295, sec. 7, p. 876; am. 2011, ch. 274, sec. 1, p. 744; am. 2025, ch. 186, sec. 3, p. 868.]
Idaho Code § 39-3417 — Idaho Code / Title 39 / Chapter 34 / Section 39-3417
39-3417 SALE OR PURCHASE OF PARTS PROHIBITED.
Status: in_force

39-3417. Sale or purchase of parts prohibited. (1) Except as otherwise provided in subsection (2) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both such fine and imprisonment.

(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.

(3) A coroner acting pursuant to this section shall not authorize the removal of a part from a body within the coroner's custody if the coroner, or any deputy or agent of the coroner, derives or may derive any direct or indirect financial benefit relative to the removal, donation or use of the part.

History:

[39-3417, added 2007, ch. 30, sec. 2, p. 71.]
Idaho Code § 39-8904 — Idaho Code / Title 39 / Chapter 89 / Section 39-8904
39-8904 CERTIFICATION AND PRODUCT CHANGE.
Status: in_force

39-8904. Certification and product change. (1) Each manufacturer shall submit to the state fire marshal a written certification attesting that:

(a) Each cigarette listed in the certification has been tested in accordance with section 39-8903, Idaho Code; and

(b) Each cigarette listed in the certification meets the performance standard set forth in section 39-8903, Idaho Code.

(2) Each cigarette listed in the certification shall be described with the following information:

(a) Brand, or trade name on the package;

(b) Style, such as light or ultra light;

(c) Length in millimeters;

(d) Circumference in millimeters;

(e) Flavor, such as menthol or chocolate, if applicable;

(f) Filter or nonfilter;

(g) Package description, such as soft pack or box;

(h) Marking pursuant to section 39-8905, Idaho Code;

(i) The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

(j) The date that the testing occurred.

(3) The certifications shall be made available to the attorney general for purposes consistent with this chapter and the state tax commission for purposes of ensuring compliance with this section.

(4) Each cigarette certified under this section shall be recertified every three (3) years.

(5) For each brand family listed in a certification, a manufacturer shall pay to the state fire marshal a one thousand dollar ($1000) fee. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three (3) year certification period.

(6) All moneys collected as certification fees submitted by manufacturers shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to be known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Fund." The fund shall, in addition to any other moneys made available for that purpose, be available to the state fire marshal solely to support processing, testing, enforcement and oversight activities under this chapter.

(7) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required in this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in section 39-8903, Idaho Code, and maintains records of that retesting as required by section 39-8903, Idaho Code. Any altered cigarette which does not meet the performance standard set forth in section 39-8903, Idaho Code, may not be sold in this state.

History:

[39-8904, added 2008, ch. 278, sec. 1, p. 795.]
Idaho Code § 39-5402 — Idaho Code / Title 39 / Chapter 54 / Section 39-5402
39-5402 PERFORMED ONLY BY PHYSICIAN.
Status: in_force

39-5402. Performed only by physician. Only physicians licensed under chapter 18, title 54, Idaho Code, and persons under their supervision may select artificial insemination donors and perform artificial insemination.

History:

[39-5402, added 1982, ch. 349, sec. 2, p. 864.]
Idaho Code § 39-3501 — Idaho Code / Title 39 / Chapter 35 / Section 39-3501
39-3501 LEGISLATIVE INTENT AND DECLARATION.
Status: in_force

39-3501. Legislative intent and declaration. (1) The purpose of a certified family home in Idaho is to provide a homelike alternative to more expensive or more restrictive congregate care or institutional care, designed to allow vulnerable adults to reside in a family-style living environment focused on integrated community living. Certified family homes provide housing and care to vulnerable adults who are elderly, who have mental illnesses, developmental disabilities, or physical disabilities, or who are otherwise unable to live alone without personal assistance and whose mental, emotional, and physical condition can be met by the care provider. The legislature supports the capabilities of individuals receiving services in certified family homes to direct their own care. The care provider must obtain a waiver to house and care for two (2) persons requiring care at a nursing facility as defined in section 39-1301, Idaho Code.

(2) The certified family home shall be operated by a care provider who has demonstrated the knowledge and experience required to provide safe and appropriate services to each resident of the certified family home. The care provider shall ensure an objective, individualized assessment is conducted to determine resident needs and shall develop a comprehensive, negotiated plan of service describing how to meet those needs. The care provider shall ensure delivery of appropriate services to meet resident needs as described in the plan of service and shall ensure resident rights are honored and protected.

(3) The department is responsible for monitoring and enforcing the provisions of this chapter. This responsibility includes but is not limited to monitoring the condition of the certified family home, ensuring that each resident has an individualized written plan of service, and managing enforcement procedures when violations occur.

History:

[39-3501, added 2024, ch. 63, sec. 2, p. 311; am. 2025, ch. 122, sec. 33, p. 639.]
Idaho Code § 39-2613 — Idaho Code / Title 39 / Chapter 26 / Section 39-2613
39-2613 PENALTIES — INJUNCTIONS.
Status: in_force

39-2613. Penalties — Injunctions. Except as provided in section 39-2609, Idaho Code, any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who violates the provisions of this chapter or any of the rules promulgated pursuant to this chapter may, upon application to or with written consent of the authority having jurisdiction, be enjoined in the manner provided by law from continuing the violation. Fireworks being used in violation of this chapter may be confiscated by the authority having jurisdiction.

History:

[39-2613, added 1997, ch. 246, sec. 2, p. 715; am. 2015, ch. 222, sec. 2, p. 685.]
Idaho Code § 39-3420 — Idaho Code / Title 39 / Chapter 34 / Section 39-3420
39-3420 LAW GOVERNING VALIDITY — CHOICE OF LAW AS TO EXECUTION OF DOCUMENT OF GIFT — PRESUMPTION OF VALIDITY.
Status: in_force

39-3420. Law governing validity — Choice of law as to execution of document of gift — presumption of validity. (1) A document of gift is valid if executed in accordance with:

(a) This chapter;

(b) The laws of the state or country where it was executed; or

(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.

(2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

History:

[39-3420, added 2007, ch. 30, sec. 2, p. 71.]
Idaho Code § 39-1104 — Idaho Code / Title 39 / Chapter 11 / Section 39-1104
39-1104 APPLICATION FOR LICENSE — FIRE SAFETY AND HEALTH INSPECTIONS.
Status: in_force

39-1104. Application for license — Fire safety and health inspections. (1) Application. A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age, shall submit an application on the forms provided by the department, and shall obtain the required certificates of inspection as provided herein.

(2) Inspections. A person who wishes to operate a daycare facility shall submit: (a) a certificate of a fire inspection of the proposed center, conducted by a fire department or fire district official, establishing compliance with the standards specified in section 39-1109, Idaho Code; and (b) a health and safety inspection of the proposed facility conducted by a qualified inspector as designated by the department, establishing compliance with the standards specified in sections 39-1109 and 39-1110, Idaho Code.

(3) Continued compliance and reinspection. Daycare facilities shall at all times maintain compliance with the safety and health requirements identified in this chapter. The department may cause any daycare facility to be reinspected during the term of a license for safety and health compliance as determined necessary by the department. No charge for any reinspection after the initial inspection in any license period shall be made to the daycare facility.

(4) If an applicant fails to complete the application process within six (6) months, the application will be considered abandoned and shall be terminated. An applicant whose application is abandoned, and subsequently terminated, may start a new application at any time.

History:

[39-1104, added 1987, ch. 56, sec. 1, p. 94; am. 2009, ch. 295, sec. 4, p. 874; am. 2025, ch. 185, sec. 3, p. 863.]
Idaho Code § 39-5507 — Idaho Code / Title 39 / Chapter 55 / Section 39-5507
39-5507 VIOLATIONS.
Status: in_force

39-5507. Violations. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violating this chapter, the employer, person in charge, agent or employee shall ask the person to leave the premises. Any person who refuses to either extinguish all lighted tobacco products or leave the premises is guilty of an infraction and is subject to a fine of seventeen dollars and fifty cents ($17.50). Any violation may be reported to a law enforcement officer.

History:

[39-5507, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 6, p. 1169; am. 2015, ch. 198, sec. 3, p. 608.]
Idaho Code § 39-1442 — Idaho Code / Title 39 / Chapter 14 / Section 39-1442
39-1442 DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION.
Status: in_force

39-1442. Declaration of necessity and purpose — Liberal construction. It is hereby determined and declared that for the benefit of the people of the state of Idaho and the improvement of their health, welfare and living conditions, it is essential that the people of this state have adequate medical care and health facilities; that it is essential that health institutions within the state be provided with appropriate additional means to assist in the development and maintenance of public health, health care, hospitals and related facilities; that it is the purpose of this act to provide a measure of assistance and alternative methods to enable health institutions in the state to refund or refinance outstanding indebtedness incurred for health facilities and to provide additional facilities and structures which are sorely needed to accomplish the purposes of this act, all to the public benefit and good as more fully provided herein; and it is the intent of the legislature by the passage of this act to create the Idaho health facilities authority to lend money to health institutions and to authorize the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease and dispose of properties to the end that the authority may be able to promote the health and welfare of the people of this state and to vest such authority with all powers to enable such authority to accomplish such purpose; it is not intended by this act that the authority shall itself be authorized to operate any such health facility. This act shall be liberally construed to accomplish the intentions expressed herein.

History:

[39-1442, added 1972, ch. 134, sec. 2, p. 286; am. 1973, ch. 178, sec. 1, p. 393.]
Idaho Code § 39-5403 — Idaho Code / Title 39 / Chapter 54 / Section 39-5403
39-5403 CONSENT — NOTICE REQUIREMENTS.
Status: in_force

39-5403. Consent — notice requirements. (1) Artificial insemination shall not be performed upon a woman without her prior written request and consent and the prior written request and consent of her husband.

(2) If the physician who performs the artificial insemination does not deliver the child conceived as a result of the artificial insemination, it is the duty of the mother and her husband to give that physician notice of the child's birth.

History:

[39-5403, added 1982, ch. 349, sec. 3, p. 864; am. 1990, ch. 213, sec. 48, p. 519; am. 2015, ch. 141, sec. 96, p. 448; am. 2021, ch. 33, sec. 1, p. 74.]
Idaho Code § 39-1338 — Idaho Code / Title 39 / Chapter 13 / Section 39-1338
39-1338 BOND ISSUES AUTHORIZED — FORM AND TERMS.
Status: in_force

39-1338. Bond issues authorized — Form and terms. To carry out the purposes of this act and to pay the necessary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest payable semiannually, and shall be due and payable serially either annually or semiannually, commencing not later than three (3) years from the date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity, upon payment of a premium not exceeding three per cent (3%) of the net principal thereof. Said bonds shall be executed in the name of, and on behalf of, the district and signed by the chairman of the board with the seal of the district affixed thereto, and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine, and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board. In all other respects, said bonds shall be issued, sold and paid in accordance with the provisions of chapter 2, title 57, Idaho Code, known as the "Municipal Bond Law" of the state of Idaho.

History:

[39-1338, added 1965, ch. 173, sec. 21, p. 340; am. 1971, ch. 12, sec. 1, p. 23; am. 1981, ch. 55, sec. 1, p. 85.]
Idaho Code § 39-1325 — Idaho Code / Title 39 / Chapter 13 / Section 39-1325
39-1325 ELECTION RESULTS — CANVASS AND CERTIFICATION — ORDER ESTABLISHING DISTRICT.
Status: in_force

39-1325. Election results — Canvass and certification — Order establishing district. Immediately after any election for voting upon the organization of a hospital district, the judges of said election shall certify the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall, at its next regular meeting, proceed to canvass the votes cast at such election, and if upon such canvass it shall appear that one half (1/2) or more of the votes cast at such election are "…. hospital district, no.", then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If it shall appear, upon such canvass, that more than one half (1/2) of the votes cast at such election are "…. hospital district, yes.", the said board shall by order entered on its minutes, declare such territory duly organized as a hospital district under the name designated in the petition.

If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and exclusively establish the regular organization of the said district against all persons, except the state of Idaho in an action in the nature of a writ of quo warranto commenced by the attorney general within thirty (30) days after the date of said order declaring such district organized, as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.

Said board shall cause one (1) copy of such order duly certified to be immediately filed for record in the office of the county recorder in the county in which such district is situated and shall transmit to the governor one (1) certified copy thereof.

From and after the date of such filing of said order of the board of county commissioners, declaring such territory duly organized as a hospital district, the organization of such district shall be completed, and thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation.

History:

[39-1325, added 1965, ch. 173, sec. 8, p. 340.]
Idaho Code § 39-7901 — Idaho Code / Title 39 / Chapter 79 / Section 39-7901
39-7901 SHORT TITLE.
Status: in_force

39-7901. Short title. This act shall be known as the "Local Option Swine Facilities Siting Act."

History:

[39-7901, added 2000, ch. 268, sec. 1, p. 755.]
Idaho Code § 39-1325B — Idaho Code / Title 39 / Chapter 13 / Section 39-1325B
39-1325B NONFUNCTIONING DISTRICT.
Status: in_force

39-1325B. Nonfunctioning district. Any hospital district which fails or has ceased to function for two (2) or more years may be dissolved by the board or boards of county commissioners of the county or counties in which it is located. The county commissioners may initiate such action by resolution subject to the provisions of section 39-1325C, Idaho Code.

History:

[39-1325B, added 2004, ch. 263, sec. 2, p. 743.]
Idaho Code § 39-4804 — Idaho Code / Title 39 / Chapter 48 / Section 39-4804
39-4804 NOTIFICATION TO PARENT OR GUARDIAN.
Status: in_force

39-4804. Notification to parent or guardian. (1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:

(a) Immunizations are not mandatory and may be refused on religious or other grounds;

(b) Participation in the immunization registry is voluntary;

(c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization.

(2) At the time information is initially collected regarding any child for entry into the registry created pursuant to this chapter, the parent or guardian shall be notified that:

(a) They have the right under Idaho law to submit a statement pursuant to the provisions of sections 39-1118 and 39-4801(5) or (6), Idaho Code, which exempts them from any requirement to have information regarding the child entered into the registry;

(b) At any time they have the right to remove any information from the registry regarding the child; and

(c) Immunizations are not mandatory and may be refused on religious or other grounds.

(3) The decision of a parent or guardian to:

(a) Submit a statement pursuant to the provisions of either section 39-1118(2) or 39-4801(5) or (6), Idaho Code;

(b) Remove any information regarding the child from the registry pursuant to the provisions of section 39-4803(4), Idaho Code; or

(c) Refuse the immunization on religious or other grounds;

shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action.

History:

[39-4804, added 1999, ch. 347, sec. 3, p. 930; am. 2010, ch. 336, sec. 2, p. 890; am. 2025, ch. 174, sec. 5, p. 823.]
Idaho Code § 39-2102 — Idaho Code / Title 39 / Chapter 21 / Section 39-2102
39-2102 REGULATIONS CONCERNING MARKINGS.
Status: in_force

39-2102. Regulations concerning markings. It shall be unlawful for any person or persons, partnership or corporation, to have two (2) or more different dates on any such box or package containing high explosive; it shall further be unlawful for any person or persons, partnership or corporation, to use any box, package or wrapper formerly used by any other person or persons, partnership or corporation, in the packing of such high explosive; and the name and date on such box or package shall be the same as on the wrapper containing such explosive.

History:

[(39-2102) 1907, p. 314, sec. 2; reen. R.C. & C.L., sec. 1556; C.S., sec. 2594; I.C.A., sec. 38-1502; am. 1963, ch. 18, sec. 14, p. 154.]
Idaho Code § 39-1210B — Idaho Code / Title 39 / Chapter 12 / Section 39-1210B
39-1210B INDIVIDUALIZED SERVICE PLANNING AND DOCUMENTATION REQUIREMENTS FOR RESIDENTIAL CARE FACILITIES.
Status: in_force

39-1210B. Individualized service planning and documentation requirements for residential care facilities. (1) Residential care facilities shall document the following information at the time of a child's placement:

(a) The physical and emotional state of the child upon intake;

(b) The child's primary diagnosis;

(c) The nature of the child's problems;

(d) The child's physical, social, and emotional development and any special problems and needs the child may have; and

(e) Reports on psychological tests, psychiatric examinations, and follow-up treatment, if obtained.

(2) The facility shall develop and document an individualized service plan for each child. The initial individualized service plan shall be written within thirty (30) days after a child has been admitted to the facility and shall include:

(a) The needs of the child and the child's family;

(b) The goals for the child and time frames to achieve such goals;

(c) The services the facility will provide to assure the safety, health, and well-being of the child; and

(d) The criteria for discharge and the projected discharge date.

(3) The facility shall update the individualized service plan every ninety (90) days to document the progress toward achieving the goals referenced in the initial plan.

(4) If a child is placed in the facility for less than thirty (30) days, the initial service plan shall include, upon admission:

(a) The immediate needs of the child; and

(b) The services the facility will provide to assure the safety, health, and well-being of the child.

(5) The facility shall complete a discharge summary written within seven (7) days of the discharge of a child, which shall include:

(a) The date and reason for the child's discharge from the facility;

(b) The physical, emotional, medical, and educational needs of the child; and

(c) Recommendations for treatment.

History:

[39-1210B, added 2026, ch. 139, sec. 3, p. 660.]
Idaho Code § 39-175D — Idaho Code / Title 39 / Chapter 1 / Section 39-175D
39-175D IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS.
Status: in_force

39-175D. IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT DECISIONS AND APPEAL OF DECISIONS. (1) Prior to making a final decision regarding Idaho pollutant discharge elimination system (IPDES) permits authorized by sections 39-175A through 39-175C, Idaho Code, the department shall provide the public notice and an opportunity to comment on the department's tentative decision. The department shall develop an administrative record that shall, at a minimum, include the tentative decision, all comments received, the department's response to comments and the basis for the department's decision. The decision-making process and the final decision with respect to IPDES permits shall not be subject to the contested case provisions set forth in chapter 52, title 67, Idaho Code.

(2) Notwithstanding any other provision of law, including without limitation, chapter 52, title 67, Idaho Code, the exclusive means of appealing the department's final decision regarding an IPDES permit shall be as set forth in this section and in rules authorized by this section and sections 39-175A through 39-175C, Idaho Code. Any person aggrieved by the department's final decision regarding an IPDES permit may appeal that decision. The appeal of the decision shall be heard by a hearing officer appointed by the director from a pool of hearing officers approved by the board. Hearing officers should be persons with technical expertise or experience in the issues presented in appeals. All appeals shall be based solely on the record developed by the department as required by subsection (1) of this section and the rules adopted by the board, and no further or additional evidence may be presented except as provided in rules adopted by the board.

(3) No person, including the director and hearing officer, who has or shares authority to approve all or portions of IPDES permits either in the first instance, as modified or reissued, or on appeal, shall have a conflict of interest as defined in 40 CFR 123.25(c).

(4) Any person aggrieved by a final determination of the hearing officer regarding an IPDES permit may secure judicial review by filing a petition for review as prescribed under the rules adopted by the board and the provisions of chapter 52, title 67, Idaho Code. The petition for review shall be served upon the hearing officer, the director of the department and the attorney general. Such service shall be jurisdictional, and the provisions of this section shall be the exclusive procedure for appeal.

(5) The board shall adopt rules consistent with the provisions of this section.

History:

[39-175D, added 2016, ch. 128, sec. 1, p. 373.]
Idaho Code § 39-8806 — Idaho Code / Title 39 / Chapter 88 / Section 39-8806
39-8806 ADDITIONAL MEASURES TO PROTECT GROUND WATER.
Status: in_force

39-8806. Additional measures to protect ground water. New and replacement underground storage tank systems and connected piping installed after the effective date of this chapter and located within one thousand (1,000) feet of any existing community water system or any existing potable drinking water well, shall comply with the secondary containment requirements of 42 U.S.C. 6991b(i)(1).

History:

[39-8806, added 2007, ch. 29, sec. 1, p. 59.]
Idaho Code § 39-9409 — Idaho Code / Title 39 / Chapter 94 / Section 39-9409
39-9409 MANDATORY COVERAGE NOT AFFECTED.
Status: in_force

39-9409. mandatory coverage not affected. This chapter does not affect any mandatory health care coverage for participation in clinical trials provided elsewhere by law.

History:

[(39-9409) 39-9309, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
Idaho Code § 39-174 — Idaho Code / Title 39 / Chapter 1 / Section 39-174
39-174 COMMITTEE DUTIES — MEETINGS.
Status: in_force

39-174. Committee duties — Meetings. The committee's duties shall include:

(1) Developing a manual providing guidance for the use, storage, management and disposal of wood or mill yard debris to prevent public nuisances and minimize or prevent harmful environmental impacts. Guidance provided by the manual may be incorporated or adopted by reference in the rules of the department or other appropriate state agencies.

(2) Considering and developing specific solutions to unforeseen wood or mill yard debris use, storage, management or disposal as needed.

(3) Developing and sharing knowledge related to the use, storage, management and disposal of wood or mill yard debris including ways to constructively use or reclaim the debris.

(4) Making recommendations for any necessary permits, rules or legislation related to the use, storage, management or disposal of wood or mill yard debris.

The committee shall meet on an as needed basis to implement the purpose of sections 39-171 through 39-174, Idaho Code. A committee member or member of the public may request a meeting by sending a written request to the department describing the reason for the meeting, or the department may schedule a meeting at the discretion of the director. Upon receiving the request, the department shall contact all committee members and arrange a time and place most convenient to the majority of the members. Meetings may be conducted using telephonic devices or other methods that allow adequate communication among members.

History:

[(39-174) 39-169, added 1996, ch. 204, sec. 4, p. 629; amended & redesig. 2001, ch. 103, sec. 18, p. 267; am. 2013, ch. 16, sec. 2, p. 27.]
Idaho Code § 39-1809 — Idaho Code / Title 39 / Chapter 18 / Section 39-1809
39-1809 HOTELKEEPER'S RESPONSIBILITY TO PROVIDE ACCOMMODATIONS.
Status: in_force

39-1809. Hotelkeeper's responsibility to provide accommodations. A hotelkeeper shall not be required to provide accommodations, facilities or privileges of a hotel to any person who:

(1) Is unwilling or unable to pay for the accommodations and services of the hotel. A hotelkeeper may require a prospective guest to demonstrate the ability to pay for the accommodations and services, including a damage deposit in a reasonable amount, by cash or acceptable credit card;

(2) The hotelkeeper reasonably believes to be under the influence of alcohol, drugs or any other intoxicating substances or who is disorderly so as to disturb the peace of other guests;

(3) The hotelkeeper reasonably believes seeks to use the hotel for any unlawful purpose;

(4) The hotelkeeper reasonably believes seeks to bring property into the hotel which may be dangerous to other persons (such as firearms, explosives or hazardous or toxic substances) or the possession of which by such person is unlawful;

(5) Destroys, damages or defaces property of the hotel or its guests or threatens to do so;

(6) Is under eighteen (18) years of age and unaccompanied by his parent or guardian. A hotelkeeper may condition the provision of accommodations, facilities or privileges of a hotel to persons under the age of eighteen (18) years by requiring the parent or guardian to:

(a) Agree in writing to accept liability for the costs of the accommodations, including the cost of the room, taxes, other charges and any damages to the hotel caused by such person or his invitees; and

(b) To provide an acceptable credit card or cash deposit sufficient to cover such costs;

(7) Would cause or permit any hotel room to exceed its maximum allowable occupancy as established by the hotelkeeper; or

(8) Refuses to abide by reasonable standards or policies established by the hotelkeeper for operation and management of the hotel.

History:

[39-1809, added 1993, ch. 125, sec. 2, p. 317.]
Idaho Code § 39-3615 — Idaho Code / Title 39 / Chapter 36 / Section 39-3615
39-3615 CREATION OF WATERSHED ADVISORY GROUPS.
Status: in_force

39-3615. Creation of watershed advisory groups. Basin advisory groups shall identify representatives of the industries and other interests affected by the management of water quality within a watershed who are prospective members of an advisory group for the watershed and shall advise the director of their findings. The director, upon the advice of the appropriate basin advisory group, shall name watershed advisory groups which will generally advise the department on the appropriateness, attainability and status of existing and designated beneficial uses and water quality criteria within the watershed, and on the development and implementation of TMDLs and other state water quality plans, including those specific actions needed to control point and nonpoint sources of pollution within the watersheds of those water bodies where designated beneficial uses are not fully supported. Each watershed advisory group shall be formed early enough to complete consultation, as provided in section 39-3611(8), Idaho Code, prior to the date the TMDL and any supporting subbasin assessment is scheduled to be submitted to the United States environmental protection agency for approval.

If the members of the watershed advisory group, with the concurrence of the basin advisory group, advise the director that applicable water quality standards within the watershed are not attainable or are inappropriate based upon supporting data, the director shall initiate the process or processes to assess such standards and to change or remove the standards that are shown by the assessment to be unattainable or inappropriate, consistent with this chapter.

Members of each watershed advisory group shall be representative of the industries and interests affected by the management of that watershed and shall, where appropriate, include a representative from each of the following: agriculture, mining, point source dischargers, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, environmental interests and the land managing or regulatory agencies with an interest in the management of that watershed and the quality of the water bodies within it.

Members of each watershed advisory group shall serve and shall not be reimbursed for their expenses during their term of service.

History:

[39-3615, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 7, p. 835; am. 2005, ch. 334, sec. 3, p. 1051.]
Idaho Code § 39-1112 — Idaho Code / Title 39 / Chapter 11 / Section 39-1112
39-1112 VISITATION.
Status: in_force

39-1112. Visitation. Any parent or guardian shall have the absolute right to enter the premises of any facility during the period of care for the parent's or guardian's child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for suspension or revocation of the license, pursuant to section 39-1113, Idaho Code. If a parent or guardian has been granted limited or has been denied visitation rights by a court of competent jurisdiction, this section shall not confer a right to visitation.

History:

[39-1112, added 1987, ch. 56, sec. 1, p. 96.]
Idaho Code § 39-3912 — Idaho Code / Title 39 / Chapter 39 / Section 39-3912
39-3912 EVALUATION COMMITTEE.
Status: in_force

39-3912. Evaluation committee. (1) There is established the evaluation committee composed of persons contracted by or employees of the department of health and welfare.

(2) The committee shall review and make recommendations to the court on all petitions for sterilization. In making its recommendation to the court, the committee shall investigate and determine whether the person subject to this chapter is capable of giving informed assent and, if not, whether sterilization is in the best interest of the person. The committee shall consider the criteria set forth in section 39-3909, Idaho Code, in determining whether the person is capable of providing informed assent or whether sterilization is in the best interest of the person.

(3) The committee or designated member of the committee may interview or request a written statement from the person subject to this chapter, physicians, relatives, concerned individuals, and others who, in the committee member's judgment, possess relevant information concerning the petition for sterilization. Conversely, the person subject to this chapter, the guardian ad litem, the petitioner, or any other person may request to speak to the committee or submit a written statement to the committee concerning the proposed sterilization.

(4) The committee shall submit a report in writing to the court containing its recommendations together with supporting documents. Committee members who do not concur with the majority recommendation shall submit a report in writing to the court detailing the basis for their dissent.

History:

[39-3912, added 2003, ch. 189, sec. 2, p. 515.]
Idaho Code § 39-4605 — Idaho Code / Title 39 / Chapter 46 / Section 39-4605
39-4605 DUTIES OF THE DEPARTMENT.
Status: in_force

39-4605. Duties of the department. The department shall provide appropriate services of habilitation and rehabilitation to the eligible population of developmentally disabled, and shall consult with the state council on developmental disabilities. The department shall be the primary agency responsible for the services set forth herein, and shall:

(1) Develop and prepare an annual plan for the initiation and maintenance of developmental disabilities services authorized in this chapter. Such services shall include, but not be limited to community comprehensive developmental disability services;

(2) Initiate and provide services which shall include, but not be limited to, community comprehensive developmental disabilities services;

(3) In order to provide services, enter into agreements with any person or persons, corporation or association, approved by the department, for the contracting of all or a portion of the costs of the care, treatment, maintenance, support and training of developmentally disabled persons; and

(4) Provide technical assistance for state and local personnel working in the field of developmental disabilities under this chapter.

Any person, corporation or association may make application to the department for approval and certification of the applicant's developmental disabilities facility. The department may either grant or deny certification or revoke certification previously granted after investigation of the applicant's facilities, to ascertain whether or not such facilities are adequate for the health, safety and the care, treatment, maintenance, training and support of developmentally disabled persons, in accordance with standards as set forth in rules and regulations promulgated by the board of health and welfare and consistent with existing national accreditation bodies.

History:

[39-4605, added 1978, ch. 270, sec. 1, p. 626; am. 1980, ch. 325, sec. 8, p. 830.]
Idaho Code § 39-7423 — Idaho Code / Title 39 / Chapter 74 / Section 39-7423
39-7423 RECONCILIATION PROCESS — ADMINISTRATIVE AND JUDICIAL REVIEW.
Status: in_force

39-7423. Reconciliation Process — administrative and judicial review. (1) Upon notice of application rejection, an automatic twenty-one (21) day stay of proceedings shall commence, unless such stay is waived by the applicant in writing.

(2) If, at any point during the stay, the director determines that a reconciled application satisfies all of the applicable standards, requirements, and criteria of applicable local, state, and federal law, rules, and regulations, the director shall issue a notice of approval.

(3) Upon waiver or expiration of the stay:

(a) The director shall provide the applicant with a written notice that:

(i) Informs the applicant that the application remains rejected;

(ii) Includes a revised explanation of the rationale and basis for rejection; and

(iii) Informs the applicant that the applicant is entitled to judicial review pursuant to this section and chapter 52, title 67, Idaho Code; and

(b) The applicant, the department, and affected persons are entitled to judicial review pursuant to chapter 52, title 67, Idaho Code. If judicial review is sought by the applicant or director, the parties shall stipulate to accelerated judicial review pursuant to court approval when the ordinary review period provided in chapter 52, title 67, Idaho Code, may reasonably result in substantial increased costs to the applicant, potential violations of federal or state environmental laws, or threats to public health and the environment.

History:

[39-7423, added 2026, ch. 7, sec. 27, p. 49.]
Idaho Code § 39-701 — Idaho Code / Title 39 / Chapter 7 / Section 39-701
39-701 DEFINITIONS.
Status: in_force

39-701. DEFINITIONS. As used in this chapter:

(1) "Automated external defibrillator" or "AED" refers to an automated external defibrillator approved for commercial distribution by the United States food and drug administration.

(2) "Cardiopulmonary resuscitation" or "CPR" shall have the same meaning as provided in section 39-4502, Idaho Code.

(3) "Health care directive" shall have the same meaning as provided in section 39-4502, Idaho Code.

(4) "Health care provider" shall have the same meaning as provided in section 39-4502, Idaho Code.

(5) "Person" means an individual, corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government or governmental body.

(6) "Sudden cardiac arrest" means a life-threatening condition that results when a person's heart suddenly and abruptly stops beating normally and fails to produce a pulse.

History:

[39-701, added 2023, ch. 123, sec. 2, p. 356.]
Idaho Code § 39-176B — Idaho Code / Title 39 / Chapter 1 / Section 39-176B
39-176B SCOPE AND APPLICABILITY.
Status: in_force

39-176B. SCOPE AND APPLICABILITY. (1) Nothing in this chapter shall be construed as superseding, amending, or modifying the mineral processing waste exemption provided in 40 CFR 261.4(b)(7) and IDAPA 58.01.05.005, for process wastewater and phosphogypsum from phosphoric acid production.

(2) Nothing in this chapter is intended to supersede or modify any existing or future agreement with or approvals from the environmental protection agency or the department of environmental quality relating to the construction of a phosphogypsum stack, phosphogypsum stack system, or component thereof.

(3) The requirements in sections 42-1710 through 42-1721, Idaho Code, shall not apply to phosphogypsum stacks and phosphogypsum stack systems.

(4) This chapter establishes and clarifies minimum design and construction requirements to ensure that phosphogypsum stack system impoundments meet critical safety standards and do not cause unplanned releases into the environment.

History:

[39-176B, added 2020, ch. 51, sec. 2, p. 120; am. 2021, ch. 246, sec. 2, p. 763.]
Idaho Code § 39-8422 — Idaho Code / Title 39 / Chapter 84 / Section 39-8422
39-8422 CERTIFICATION OF CIGARETTE ROLLING MACHINE OPERATORS.
Status: in_force

39-8422. CERTIFICATION OF CIGARETTE ROLLING MACHINE OPERATORS. A cigarette rolling machine operator may not locate at, offer, or make a cigarette rolling machine available for use, or offer for sale cigarettes manufactured by the operator or any other person at the location of the operator's cigarette rolling machine, until the operator has first been certified by the attorney general upon a form prescribed by the attorney general. The attorney general shall annually certify a cigarette rolling machine operator, but only after he has obtained adequate certification from the operator, as set forth in section 39-8423, Idaho Code, and has been provided by the operator sufficient information identifying the operator, the location, the make and brand of the operator's cigarette rolling machine, and the person(s) from whom the operator will purchase its tobacco for purposes of the operator's cigarette rolling machine's manufacturing of cigarettes.

History:

[39-8422, added 2012, ch. 206, sec. 3, p. 549.]
Idaho Code § 39-1354 — Idaho Code / Title 39 / Chapter 13 / Section 39-1354
39-1354 ANNEXATION OF TERRITORY NOT HAVING A TAX SUPPORTED HOSPITAL — PETITIONS AND SIGNATURES — ELECTION.
Status: in_force

39-1354. Annexation of territory not having a tax supported hospital — Petitions and signatures — Election. (1) Any area contiguous to a hospital district which does not support another tax supported hospital may become annexed to the district by petition and election.

(2) A petition for annexation shall comply with the requirements of section 39-1320, Idaho Code, in the area seeking to become annexed to the hospital district. A true copy of the petition shall be transmitted to the board of trustees of the district, and to the board of county commissioners in each county affected. The board of trustees of the hospital district may approve or disapprove such petition, and shall give notice of its decision to the board of county commissioners in each county affected.

(3) When it has received notice of approval of the board of trustees of the district, the board of county commissioners in the county or counties in which the petition arose shall enter its order calling for an election on the question. The election shall be held in the area proposed to be annexed. Notice of the election shall be given, the election shall be conducted, and the returns thereof canvassed as provided in sections 39-1323, 39-1324 and 39-1325, Idaho Code. The ballot shall bear the question: "Shall …. become part of the …. hospital district …. Yes" and "Shall …. become part of the …. hospital district …. No" each followed by a box in which the voter may express his choice by marking a cross. The proposal shall be deemed approved only if the majority of the votes cast is in the affirmative.

(4) If the proposal has been approved at the election, the board of county commissioners in each county in which the district is located following annexation shall enter its order amending the boundaries of the district, and a copy shall be transmitted to the board of trustees of the hospital district. Annexation shall be effective as of the date of the last such order entered.

(5) Such other notices as may be required by law shall be filed by the board of trustees of the hospital district with the state tax commission within ten (10) days of the effective date of the change, including a legal description and map of the altered boundaries.

(6) Addition of new territory to an existing hospital district shall not be considered an initial establishment. The existing board of trustees shall continue to serve for the term for which elected. When a vacancy occurs, appointment shall be made as provided in section 39-1326, Idaho Code.

History:

[39-1354, added 1993, ch. 137, sec. 3, p. 339.]
Idaho Code § 39-118C — Idaho Code / Title 39 / Chapter 1 / Section 39-118C
39-118C LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
Status: in_force

39-118C. Legislative findings and declaration of purpose. (1) The legislature finds that it is an obligation of the state of Idaho under title V of the clean air act to provide for an operating permit program for sources of air pollution within the state.

(2) The purpose of these amendments to the environmental protection and health act is to meet the state's obligation to protect air quality with a cost-effective operating permit program.

(3) The legislature intends that the department's regulation under title V of the clean air act shall take advantage of the flexibility authorized by the federal clean air act to establish reasonable and cost-effective requirements. Such requirements shall include, but not be limited to:

(a) Operating flexibility provisions;

(b) Provisions allowing off-permit changes;

(c) Provisions that limit federally enforceable hazardous air pollutant requirements to that group of pollutants listed under section 112 of the federal clean air act (to the extent that the operating permits address hazardous air pollutants);

(d) Provisions for operating permits to be issued for fixed terms of five (5) years; provided that, in order to facilitate the implementation of the title V operating permit program, the director may issue operating permits with terms of from three (3) to five (5) years during the first three (3) years following environmental protection agency approval of Idaho's title V operating permit program so long as those permits with fixed terms of less than five (5) years are renewed with terms of five (5) years thereafter; and provided further that if the maximum operating permit term under the federal clean air act should be extended beyond five (5) years, the director shall similarly extend the term of operating permits issued under the Idaho program; and provided further, that shorter terms are allowable when mutually agreed upon by the department and the applicant;

(e) Provisions for adequate, streamlined and reasonable procedures for processing modifications, including establishing criteria to determine insignificant changes that shall not require a permit modification, and establishing classes of modifications based on significance which shall include a minor modification class for which modifications may be processed in group as authorized by 40 CFR 70.7(e)(3) as may be amended; and

(f) Provisions allowing an existing source to make changes that reduce emissions without applying for a permit to construct or an amendment to an operating permit; provided, however, that an existing source that makes such changes may seek and obtain an operating permit modification if it chooses.

History:

[39-118C, added 1993, ch. 275, sec. 2, p. 927.]
Idaho Code § 39-3140 — Idaho Code / Title 39 / Chapter 31 / Section 39-3140
39-3140 BEHAVIORAL HEALTH SERVICE COSTS.
Status: in_force

39-3140. behavioral health service costs. (1) As used in this section, "behavioral health services" means both voluntary and court-ordered services for the following programs:

(a) Regional behavioral health services pursuant to chapter 31, title 39, Idaho Code;

(b) Children's mental health services pursuant to chapter 24, title 16, Idaho Code;

(c) Neurocognitive disorder services pursuant to chapter 21, title 56, Idaho Code; and

(d) Any other behavioral health program provided for by Idaho Code.

(2) Individuals receiving behavioral health services from the department may be charged for such services. The department shall serve as the payer of last resort in cases in which the individual qualifies for medicaid or has third-party coverage. The amount charged will be determined based on the cost of services and the individual's ability to pay. In no case will the annual costs to parents or an adult patient exceed five percent (5%) of adjusted gross income of the family household, following all other coverage.

History:

[39-3140, added 2025, ch. 110, sec. 13, p. 582.]
Idaho Code § 39-9207 — Idaho Code / Title 39 / Chapter 92 / Section 39-9207
39-9207 DISCLAIMER.
Status: in_force

39-9207. disclaimer. A direct primary care agreement shall include the following disclaimer: "This agreement does not provide health insurance coverage, including the minimal essential coverage required by applicable federal law. It provides only the services described herein. It is recommended that health care insurance be obtained to cover medical services not provided for under this direct primary care agreement."

History:

[39-9207, added 2015, ch. 291, sec. 1, p. 1165.]
Idaho Code § 39-8618 — Idaho Code / Title 39 / Chapter 86 / Section 39-8618
39-8618 INSPECTION REPORTS AND COMPLIANCE AGREEMENTS.
Status: in_force

39-8618. Inspection reports and compliance agreements. (1) Within fifteen (15) days of completion of the inspection, all inspection reports shall be filed with the division and a copy shall be sent to the owner for corrective actions as required.

(2) Within thirty (30) days of the delivery of an inspection report to the owner and the division, the owner and the division shall enter into a compliance agreement whereby the owner and the division shall agree upon a schedule for corrective actions identified in the inspection report. The division shall issue a temporary certificate to operate if the corrective actions are not related to life safety issues. The owner and the division shall thereafter act in good faith to comply with the provisions of the compliance agreement.

(3) Where there are practical difficulties involved in complying with this chapter or any provision of any applicable code, as part of a compliance agreement, the owner and the division may identify alternative means of compliance so long as such alternative means do not lessen health, fire and life safety requirements and are otherwise consistent with the intent and purpose of applicable codes.

(4) An owner's failure to complete the corrective actions set forth in the compliance agreement shall constitute grounds for the imposition of civil penalties and such further action as the division may deem appropriate if the owner:

(a) Fails to initiate corrective action; and

(b) Fails to provide evidence of compliance within thirty (30) days of the owner's receipt of written notice from the division of a failure to comply.

(5) An owner shall not be deemed to be in violation of this chapter:

(a) If the owner and the division are in the process of entering into a compliance agreement; or

(b) If the owner is undertaking corrective action as set forth in the compliance agreement; or

(c) If upon the expiration of thirty (30) days from receipt of written notice from the division specifying the particulars in which the owner has failed to perform its obligations under a compliance agreement, the owner fails, prior to expiration of said thirty (30) day period, to rectify the particulars specified in such notice; or

(d) If an owner's failure to perform under this chapter cannot be reasonably rectified within thirty (30) days from receipt of written notice from the division, but the owner, having received the notice, has commenced actions necessary to cure the failure and is diligently pursuing the cure of the failure.

History:

[39-8618, added 2004, ch. 359, sec. 1, p. 1073; am. 2007, ch. 137, sec. 4, p. 399.]
Idaho Code § 39-1351 — Idaho Code / Title 39 / Chapter 13 / Section 39-1351
39-1351 INTEREST ON WARRANTS — CESSATION THIRTY DAYS FROM POSTING NOTICE.
Status: in_force

39-1351. Interest on warrants — Cessation thirty days from posting notice. Interest on any warrant shall cease on the expiration of thirty (30) days from the time of posting of the notice provided for in the last preceding section; and for all sums which may be paid by the treasurer, as interest on any warrant or warrants, after the expiration of thirty (30) days from the earliest date at which there were sufficient funds with which to have called and paid the same, such treasurer and his sureties shall be liable upon his official bond.

History:

[39-1351, added 1965, ch. 173, sec. 34, p. 340.]
Idaho Code § 39-1334 — Idaho Code / Title 39 / Chapter 13 / Section 39-1334
39-1334 ADDITIONAL TAX LEVIES.
Status: in_force

39-1334. Additional tax levies. (a) If it becomes necessary and expedient so to do, it shall be lawful for the board to levy additional taxes and collect revenue for the purpose of creating a reserve sinking fund for the purpose of accumulating moneys with which to add new buildings or necessary equipment, and to provide extensions of and betterments to the improvements of the district, and for such purposes may levy an additional tax not to exceed two hundredths of one percent (.02%) of the market value for assessment purposes on all taxable property in the district.

(b) If the board finds it necessary to maintain the solvency of a facility or facilities, the board is authorized to levy additional taxes and collect revenue in excess of the limitations prescribed by section 39-1333, Idaho Code, for the sole purpose of retiring current or past due obligations accruing where operating expenses for such a facility or facilities have exceeded all available sources of revenue in the fiscal year preceding the anticipated date of levy; provided, that any such additional levy shall be authorized only if approved by two-thirds (2/3) of the qualified electors of the district voting at an election called and conducted in the manner specified in sections 39-1339 through 39-1342, Idaho Code.

History:

[39-1334, added 1965, ch. 173, sec. 17, p. 340; am. 1981, ch. 66, sec. 1, p. 96; am. 1995, ch. 82, sec. 16, p. 227; am. 1995, ch. 118, sec. 52, p. 470; am. 1996, ch. 322, sec. 35, p. 1064.]
Idaho Code § 39-3905 — Idaho Code / Title 39 / Chapter 39 / Section 39-3905
39-3905 APPOINTMENT OF COUNSEL.
Status: in_force

39-3905. Appointment of counsel. Persons subject to this chapter shall have counsel at all stages of the proceedings provided for in this chapter. Unless independently provided for by the persons subject to this chapter, counsel shall be appointed by the district court which shall also conduct an investigation to determine whether or not the person has funds in trust or otherwise to pay reasonable compensation to counsel. If the investigation discloses that the person is without such funds, the court shall order that counsel be paid reasonable compensation at public expense.

History:

[39-3905, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-8613 — Idaho Code / Title 39 / Chapter 86 / Section 39-8613
39-8613 ORDER TO DISCONTINUE OPERATION — NOTICE — CONDITIONS — CONTENTS OF ORDER — RESCISSION OF ORDER — VIOLATION — PENALTY — RANDOM INSPECTIONS.
Status: in_force

39-8613. Order to discontinue operation — Notice — Conditions — Contents of order — Rescission of order — Violation — Penalty — Random inspections. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may place a notice that states that the conveyance shall not be operated, in a conspicuous place in the conveyance if the conveyance:

(a) Has not been constructed, installed, maintained or repaired in accordance with the requirements of this chapter; or

(b) Has otherwise become unsafe.

(2) The administrator's order is effective immediately and shall not be stayed by a request for an administrative hearing.

(3) The administrator shall prescribe a form for the order to discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe.

(4) The administrator shall rescind the order to discontinue operation if the conveyance is fixed or modified to bring it into compliance with this chapter.

(5) An owner or a person that knowingly operates or allows the operation of a conveyance in contravention of an order to discontinue operation, or that removes a notice not to operate, is:

(a) Guilty of a misdemeanor; and

(b) Subject to a civil penalty.

(6) The division may conduct random on-site inspections and tests on existing installations and may witness periodic inspections and testing in order to ensure satisfactory performance.

(7) Administrative hearings of appeals from orders issued by the administrator shall be governed by the provisions of the Idaho administrative procedure act, chapter 67, title 52, Idaho Code.

History:

[39-8613, added 2004, ch. 359, sec. 1, p. 1071.]
Idaho Code § 39-6505 — Idaho Code / Title 39 / Chapter 65 / Section 39-6505
39-6505 PROHIBITED ACTS.
Status: in_force

39-6505. Prohibited acts. No person shall advertise or represent himself/herself as being in the business of accepting waste tires for transport, storage, or disposal without being in full compliance with all the provisions of this chapter.

History:

[39-6505, added 2003, ch. 281, sec. 6, p. 764.]
Idaho Code § 39-506 — Idaho Code / Title 39 / Chapter 5 / Section 39-506
39-506 POWERS NOT GRANTED.
Status: in_force

39-506. Powers not granted. An aquifer protection district shall have no independent regulatory powers and no power to levy taxes. Such restriction shall not otherwise limit the police powers of the board of county commissioners.

History:

[39-506, added 2006, ch. 304, sec. 1, p. 940.]
Idaho Code § 39-3415 — Idaho Code / Title 39 / Chapter 34 / Section 39-3415
39-3415 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
Status: in_force

39-3415. Rights and duties of procurement organization and others. (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Idaho transportation department and any donor registry that it knows exist for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(2) A procurement organization must be allowed reasonable access to information in the records of the Idaho transportation department to ascertain whether an individual at or near death is a donor.

(3) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(4) Unless prohibited by law other than this chapter, at any time after a donor's death, the person to which a part passes under section 39-3412, Idaho Code, may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(5) Unless prohibited by law other than this chapter, an examination under subsection (3) or (4) of this section may include an examination of all medical and dental records of the donor or prospective donor.

(6) Upon the death of a minor who was a donor or who had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(7) Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in section 39-3409, Idaho Code, having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

(8) Subject to section 39-3412(9), Idaho Code, the rights of the person to which a part passes under section 39-3412, Idaho Code, are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 39-3412, Idaho Code, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

(9) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.

(10) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

History:

[39-3415, added 2007, ch. 30, sec. 2, p. 70.]
Idaho Code § 39-7603 — Idaho Code / Title 39 / Chapter 76 / Section 39-7603
39-7603 INVESTMENT OF FUNDS IN DRINKING WATER LOAN ACCOUNT.
Status: in_force

39-7603. Investment of funds in drinking water loan account. Surplus moneys in the drinking water loan account established by section 39-7602, Idaho Code, shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the account. The account shall have paid into it: federal funds which are received by the state to provide for drinking water loans to public water systems together with the required state matching funds; all principal and interest repayments of loans made pursuant to this chapter; all donations and grants from any source which may be used for the provisions of this chapter; fund transfers from the wastewater facility loan account; and any moneys which may hereafter be provided by law.

History:

[39-7603, added 1997, ch. 26, sec. 2, p. 42; am. 2014, ch. 59, sec. 3, p. 142.]
Idaho Code § 39-502 — Idaho Code / Title 39 / Chapter 5 / Section 39-502
39-502 GOVERNING BOARD.
Status: in_force

39-502. Governing board. For purposes of this chapter, the term "governing board" means the board of county commissioners of a county creating, or participating in, an aquifer protection district or multicounty aquifer protection district.

History:

[39-502, added 2006, ch. 304, sec. 1, p. 938.]
Idaho Code § 39-3628B — Idaho Code / Title 39 / Chapter 36 / Section 39-3628B
39-3628B CONFINED ANIMAL FEEDING OPERATIONS (CAFO) IMPROVEMENT FUND ESTABLISHED.
Status: in_force

39-3628B. CONFINED ANIMAL FEEDING OPERATIONS (CAFO) IMPROVEMENT FUND ESTABLISHED. (1) There is hereby created and established in the state treasury the confined animal feeding operations (CAFO) improvement fund. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund. All moneys in the fund are appropriated continuously to the department of environmental quality to be used and administered by it for the purposes specified in subsection (3) of this section and shall not be subject to the provisions of chapter 36, title 67, Idaho Code, or section 67-3516, Idaho Code.

(2) The fund shall have paid into it any gifts or grants from any source when the same are made for purposes consistent with those for which the fund is established, interest due to the investment of moneys in the fund, or any other appropriation provided by the legislature.

(3) The department must expend or grant moneys from the CAFO improvement fund, as directed by the CAFO improvement fund committee, for a statewide grant program to support implementation of environmental improvement programs on confined animal feeding operations for the purpose of improving or implementing: by-product, waste, nutrient, and water management; application and storage systems; energy-efficiency projects related to processing of livestock by-products and waste; and renewable energy projects using livestock by-products or waste as a feedstock. The following are eligible for grants from the CAFO improvement fund:

(a) Owners and operators of a dairy farm as defined in section 37-604, Idaho Code;

(b) Owners and operators of a beef cattle animal feeding operation as defined in section 22-4904, Idaho Code; and

(c) Owners and operators of a concentrated animal feeding operation as defined in section 25-4002, Idaho Code.

(4) On or before the first day of each regular legislative session, the department must submit to the legislature a report of any moneys expended or obligated and any work begun or completed in the prior fiscal year pursuant to subsection (3) of this section.

(5) The CAFO improvement fund established under this section, and the administration of such fund, shall not be subject to the provisions of section 39-3614, Idaho Code.

(6)(a) There is hereby established the CAFO improvement fund committee to administer the CAFO improvement fund. The committee shall consist of seven (7) members as follows:

(i) One (1) representative selected by and appointed by the director of the Idaho department of environmental quality;

(ii) One (1) representative selected by and appointed by the director of the Idaho state department of agriculture;

(iii) Two (2) representatives selected by and appointed by the Idaho dairymen's association;

(iv) Two (2) representatives selected by and appointed by the Idaho cattle association; and

(v) One (1) representative selected by and appointed by the dean of the college of agricultural and life sciences, university of Idaho.

(b) Each member shall be appointed to serve a three (3) year term, except that the term of the initial appointees shall commence on the date of appointment and shall be staggered such that at least two (2) positions are up for appointment each year. Appointments to fill vacancies shall be for the balance of the unexpired term. The director of the Idaho department of environmental quality may also name as may be needed those who have expertise necessary to assist in the work of the committee to serve as technical nonvoting advisers to the committee. Members of the committee shall be compensated pursuant to section 59-509(c), Idaho Code. The members of the committee shall appoint a chairperson from among its members. The committee shall meet as necessary to conduct its business and provide general direction to the director for administration of the funds under this section, but not less frequently than annually, provided that no annual meeting is required if there are no funds available under this section for administration.

(7) The CAFO improvement fund committee shall have sole responsibility and authority to:

(a) Establish the criteria for eligibility to receive a grant from the CAFO improvement fund, which shall include but not be limited to:

(i) That any application must be for a project that meets the purpose for which the CAFO improvement fund moneys may be expended, as described in subsection (3) of this section;

(ii) That any applicant must be of the class eligible to receive funds from the CAFO improvement fund, as described in subsection (3) of this section;

(iii) That the applicant for a project must contribute or obtain, in kind or in cash, no less than forty percent (40%) of the total project cost from sources other than the CAFO improvement fund; and

(iv) That no single project may receive in grant funding from the CAFO improvement fund more than twenty percent (20%) of the total funds appropriated to the CAFO improvement fund in any fiscal year.

(b) Solicit and review applications for qualifying projects as described in subsection (3) of this section;

(c) Establish the criteria to score and rank applications, which may include separating applications among classes based on CAFO size in order to ensure grant funding is made available to CAFOs of varying operational size;

(d) Score and rank project applications and determine the award of grants to applicants for qualifying projects that have been reviewed by the committee, and then direct the department accordingly;

(e) Monitor the completion of projects that receive a grant award and the results of projects after implementation; and

(f) Other duties as necessary to coordinate and implement administration of the provisions of this section by the director.

(8) The department of environmental quality shall provide staff assistance and support for the committee and administration of the CAFO improvement fund. The cost of administration of the provisions of this section shall be paid from legislative appropriations to the CAFO improvement fund.

History:

[39-3628B, added 2022, ch. 51, sec. 1, p. 155.]
Idaho Code § 39-269 — Idaho Code / Title 39 / Chapter 2 / Section 39-269
39-269 DISINTERMENT — RULES.
Status: in_force

39-269. Disinterment — Rules. (1) No body or stillborn fetus shall be disinterred within the state of Idaho except upon a permit granted by the state registrar of vital statistics. The forms of disinterment permits shall be prepared by the state registrar.

(2) Disinterment and removal must be done under the personal supervision of a licensed mortician, and only upon verified application of the person or persons having the highest authority under the provisions of section 54-1142, Idaho Code. Only such persons as are actually necessary shall be present. The person having the highest authority under the provisions of section 54-1142, Idaho Code, may choose to be present or may choose the designee to attend in the person's place. The coffin shall not be opened either at place of disinterment or place of destination, except by special permit issued by the state registrar.

(3) In the case of disinterment of bodies dead by reason of contagious and infectious diseases, as shown by the certificate of death given by the certifying physician or coroner, the sexton and all other persons engaged in such removal or being present shall immediately thereafter change and disinfect their clothing and properly disinfect their hands, head and face, provided, that such disinterment may also be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every permit. In case of any contagious and infectious disease where remains are to be shipped to points in other states, permission must first be obtained from the state health officer of such state.

(4) The state registrar may also issue a special disinterment permit for legal purposes. This permit for legal purposes shall be granted only upon application of a prosecuting attorney, the attorney general of this state, or the coroner of the county in which the body is interred, stating therein such facts which make it evident to the state registrar that the ends of justice require that disinterment be permitted. Such special disinterment for legal purposes shall be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every such special disinterment permit for legal purposes.

(5) Bodies in a receiving vault when prepared by a licensed mortician shall not be regarded as disinterred bodies until after the expiration of thirty (30) days.

History:

[(39-269) C.S., sec. 1633a, as added by 1923, ch. 89, sec. 1, p. 101; I.C.A., sec. 38-210; am. 1974, ch. 23, sec. 59, p. 633; am. and redesignated 1983, ch. 7, sec. 31, p. 41; am. 1994, ch. 105, sec. 5, p. 236; am. 2006, ch. 109, sec. 1, p. 302; am. 2023, ch. 203, sec. 1, p. 567.]
Idaho Code § 39-9002 — Idaho Code / Title 39 / Chapter 90 / Section 39-9002
39-9002 DEFINITIONS.
Status: in_force

39-9002. DEFINITIONS. (1) "Health care services" shall mean any service, treatment, or provision of product for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rules regulating health service providers and products within the state of Idaho.

(2) "Mode of securing" shall mean to purchase directly or on credit or by trade, or to contract for third-party payment by insurance or other legal means authorized by the state of Idaho, or to apply for or accept employer or government sponsored health care benefits under such conditions as may legally be required as a condition of such benefits, or any combination of the same.

(3) "Penalty" shall mean any civil or criminal fine, tax, salary or wage withholding, surcharge, fee or any other imposed consequence, established by law or rule of the federal government of the United States of America or its subdivision or agency, that is used to punish or discourage the exercise of rights protected under this chapter.

History:

[39-9002, added 2010, ch. 46, sec. 1, p. 84.]
Idaho Code § 39-414A — Idaho Code / Title 39 / Chapter 4 / Section 39-414A
39-414A AUDIT OF HEALTH DISTRICT FINANCES.
Status: in_force

39-414A. Audit of health district finances. It shall be the duty of each district board of health to cause to be made a full and complete audit of all the financial transactions of the health district no less frequently than every two (2) years. Such audit shall be in accordance with generally accepted auditing standards and procedures. The district board of health shall include all necessary expenses for such audit in its budget.

History:

[39-414A, added 1977, ch. 71, sec. 6, p. 140; am. 1982, ch. 134, sec. 1, p. 383; am. 1993, ch. 327, sec. 20, p. 1211; am. 2021, ch. 89, sec. 14, p. 308; am. 2021, ch. 336, sec. 6, p. 1024; am. 2023, ch. 218, sec. 11, p. 615.]
Idaho Code § 39-7101 — Idaho Code / Title 39 / Chapter 71 / Section 39-7101
39-7101 SHORT TITLE.
Status: in_force

39-7101. Short title. This chapter may be known and cited as the "Idaho Hazardous Substance Response Act."

History:

[39-7101, added 1991, ch. 242, sec. 1, p. 583.]
Idaho Code § 39-3610 — Idaho Code / Title 39 / Chapter 36 / Section 39-3610
39-3610 GENERAL LIMITATIONS ON POINT AND NONPOINT SOURCES FOR WATER BODIES NOT FULLY SUPPORTING BENEFICIAL USES.
Status: in_force

39-3610. General limitations on point and nonpoint sources for water bodies not fully supporting beneficial uses. The director shall assure, in a manner consistent with existing statutes or rules, that for each category of water body, as described in section 39-3609(1) through (3), Idaho Code, the following limitations shall apply:

(1) For waters in the "high," category a total maximum daily load or equivalent process as described in this chapter shall be undertaken. Provided however, that nothing in this section shall be interpreted as requiring best management practices for agricultural operations which are not adopted on a voluntary basis.

(2) For waters in the "medium" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses.

(3) For waters in the "low" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses.

History:

[39-3610, added 1995, ch. 352, sec. 1, p. 1172.]
Idaho Code § 39-1002 — Idaho Code / Title 39 / Chapter 10 / Section 39-1002
39-1002 PROCEDURE WHEN WOMAN NOT ATTENDED BY LICENSED PHYSICIAN.
Status: in_force

39-1002. Procedure when woman not attended by licensed physician. Every other person attending a pregnant or recently delivered woman in the state, but not permitted by law to take blood samples, shall within fifteen (15) days of the first examination cause a sample of blood of such woman to be taken by a licensed physician and have the sample submitted to the laboratory of the state department of health and welfare for a standard serological test for syphilis, or to a laboratory approved by said board.

History:

[39-1002, added 1943, ch. 26, sec. 2, p. 53; am. 1974, ch. 23, sec. 110, p. 633.]
Idaho Code § 39-5711 — Idaho Code / Title 39 / Chapter 57 / Section 39-5711
39-5711 FUNDING AND CREATION OF PREVENTION OF MINORS' ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND.
Status: in_force

39-5711. Funding and creation of prevention of minors' access to tobacco products or electronic smoking devices fund. There is hereby created the prevention of minors' access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be used to fund the administration, inspections and enforcement of this chapter. Moneys in the fund may be expended only pursuant to appropriation. The fund shall consist of:

(1) The current federal funds that are available for inspections or for the prevention of minors' access to tobacco products or electronic smoking devices shall be utilized by the department;

(2) The fines from the civil penalties pursuant to section 39-5708, Idaho Code; and

(3) Moneys from any other source.

History:

[39-5711, added 1998, ch. 418, sec. 2, p. 1321; am. 2020, ch. 318, sec. 11, p. 912.]
Idaho Code § 39-1103 — Idaho Code / Title 39 / Chapter 11 / Section 39-1103
39-1103 LICENSING AUTHORITY.
Status: in_force

39-1103. Licensing authority. The department is hereby authorized and directed to issue "basic daycare licenses" as provided in this chapter. The department is authorized to establish procedures for issuing licenses to daycare facilities which shall be maintained and operated in conformity with the standards authorized in this chapter. Nothing in this chapter shall be construed to limit or restrict the teaching of religious doctrines, values, or tenets in a facility licensed under the provisions of this chapter. The provisions of this chapter shall not apply to:

(1) The occasional care of a neighbor's, relative's or friend's child or children by a person not ordinarily in the business of providing daycare;

(2) The operation of a school for educational purposes for children over four (4) years of age or a kindergarten;

(3) The provision of occasional care exclusively for children of parents who are simultaneously in the same building;

(4) The operation of day camps, programs, and religious schools for less than twelve (12) weeks during a calendar year or not more often than once a week and after school programs for children over four (4) years of age or in kindergarten; or

(5) The provision of care for children of a family within the second degree of relationship.

History:

[39-1103, added 1987, ch. 56, sec. 1, p. 93; am. 2009, ch. 295, sec. 3, p. 874; am. 2023, ch. 299, sec. 1, p. 909.]
Idaho Code § 39-7421 — Idaho Code / Title 39 / Chapter 74 / Section 39-7421
39-7421 PUBLIC REVIEW AND APPROVAL PROCESS.
Status: in_force

39-7421. public review and approval process. (1) The process set forth in this section applies to the following applications:

(a) Site certifications;

(b) Preliminary designs;

(c) New operations plans;

(d) Major modifications; and

(e) Research, development, and demonstration permits and permit renewals.

(2) Within fourteen (14) days of receiving an application, the department shall notify the applicant, in writing, that the application is complete or incomplete.

(a) If the application is deemed incomplete by the department, the notice shall:

(i) Explain the application's deficiencies;

(ii) Identify applicable standards, requirements, and other information relied on by the department in determining that the application is incomplete;

(iii) Inform the applicant that the application can be resubmitted pursuant to this section; and

(iv) State that the applicant may request a meeting with the department to review the application, its deficiencies, and solutions thereto.

(b) Incomplete applications can be resubmitted within one (1) year of the date on the department's notice. The resubmitted application shall address all deficiencies identified in the notice. The department shall have fourteen (14) days to review the resubmitted application. If the department determines that deficiencies remain, the department shall notify the applicant, in writing, that the application has been rejected and shall include in such notice an explanation of the deficiencies and information relied on in making such determination.

(3)(a) Upon receipt of the department's determination that an application is complete, the applicant shall:

(i) Cause notice to be published in a newspaper of general circulation in the county where the facility is located, or proposed to be located, once a week for two (2) consecutive weeks;

(ii) Cause notice to be posted in the immediate vicinity of the facility or proposed facility during the publication and public comment period;

(iii) Provide written notice to the county in which the facility or proposed facility is located; and

(iv) Provide a copy of such notices to the department within five (5) business days of the second publication.

(b) The notice shall include:

(i) The name and location of the facility or proposed facility;

(ii) A general description of the proposed operations or modifications;

(iii) The place where the application may be reviewed; and

(iv) Instructions directing the public to submit comments to the department within thirty-five (35) days of the date of the second publication.

(4) Within fourteen (14) days of the end of the public comment period, the department shall provide the applicant with all of the public comments received by the department and may provide comments of its own. The applicant may provide the department with a response to the comments within twenty-one (21) days of receiving the comments from the department.

(5) Within seventy (70) days of the end of the public comment period, the director shall notify the applicant, in writing, that the application has been accepted or rejected.

(a) When reviewing an application, the director shall:

(i) Consider all of the comments received, including the department's and the applicant's, if provided; and

(ii) Defer to the opinion of the applicant's qualified professionals, unless there is reliable empirical evidence that the affirmations in the application are erroneous.

(b) An application shall be approved if the director determines that all applicable standards, requirements, and criteria of applicable law, rules, and regulations have been satisfied.

(c) A rejected application shall be accompanied by written findings that thoroughly explain the reason for rejecting the application and provide the rationale, evidence, applicable standards, requirements, and information relied on by the director in rejecting the application.

History:

[39-7421, added 2026, ch. 7, sec. 25, p. 47.]
Idaho Code § 39-7401 — Idaho Code / Title 39 / Chapter 74 / Section 39-7401
39-7401 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

39-7401. Legislative findings and purposes. (1) The legislature finds:

(a) That adverse public health and environmental impacts can result from the improper land disposal of solid waste and that the need for establishing safe sites with adequate capacity for the disposal of solid waste is a matter of statewide concern and necessity; and

(b) That the resource conservation and recovery act, 42 U.S.C. 6901 et seq., as amended, and regulations adopted pursuant thereto, establish complex, detailed, and costly provisions for the location, design, operation, and monitoring of solid waste disposal sites, including such sites as may be operated pursuant to the responsibility established in chapter 44, title 31, Idaho Code; and

(c) That a state program to implement flexible standards provided in 40 CFR 258, if approved by the U.S. environmental protection agency, enables a state to take advantage of site specific factors in the design, operation, closure, post-closure, and financial assurance of solid waste facilities and flexibility in meeting federal criteria set forth in that regulation; and

(d) That 40 CFR 258 provides that such a program of flexible standards requires approvals by a designated state agency; and

(e) That chapter 1, title 39, Idaho Code, vests the Idaho department of environmental quality with the responsibility to issue a certificate of suitability concerning prospective solid waste landfill sites, to approve solid waste facility design and ground water monitoring programs, and to provide approvals pursuant to 40 CFR 258; and

(f) That chapter 44, title 31, Idaho Code, imposes on the counties the primary responsibility for the development and operation of a solid waste management system; and

(g) That chapter 74, title 39, Idaho Code, vests the Idaho department of environmental quality with the responsibility for the review and approval of solid waste facility operations, closure, post-closure, and corrective action plans, and the enforcement of solid waste management operations; and

(h) That the coordination and timeliness of response to federal law on the part of all public officials within the state is critical to compliance with federal regulations, the ability of each affected agency to carry out their statutory responsibilities, and the avoidance of excessive construction and public expenditures.

(2) Therefore, it is the intent of the legislature to establish a program of solid waste management which complies with federal regulations and facilitates the incorporation of flexible standards in facility design, operations, closure, post-closure, and corrective action. The legislature hereby establishes the solid waste disposal standards and procedures outlined herein and a facility approval process for the state of Idaho, the political subdivisions thereof, and any private solid waste disposal site owner in order to facilitate the development and operation of solid waste disposal sites, effect timely and responsible completion of statutory duties, ensure protection of human health and the environment, and protect the air, land, and waters of the state of Idaho.

History:

[39-7401, added 1992, ch. 331, sec. 1, p. 973; am. 1993, ch. 139, sec. 1, p. 343; am. 2001, ch. 103, sec. 67, p. 304; am. 2026, ch. 7, sec. 3, p. 27.]
Idaho Code § 39-4603 — Idaho Code / Title 39 / Chapter 46 / Section 39-4603
39-4603 DECLARATION OF RIGHTS.
Status: in_force

39-4603. Declaration of rights. Persons with developmental disabilities shall have the same legal rights and responsibilities guaranteed all other persons by the constitution and laws of the United States of America and by the constitution and laws of the state of Idaho.

History:

[39-4603, added 1978, ch. 270, sec. 1, p. 625.]
Idaho Code § 39-3901 — Idaho Code / Title 39 / Chapter 39 / Section 39-3901
39-3901 LEGISLATIVE INTENT.
Status: in_force

39-3901. Legislative intent. The legislature of the state of Idaho acknowledges that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The legislature recognizes that certain legal safeguards are required to prevent indiscriminate and unnecessary sterilization of such individuals, and to assure equal access to desired medical procedures for all Idaho citizens.

History:

[39-3901, added 2003, ch. 189, sec. 2, p. 512.]
Idaho Code § 39-3631 — Idaho Code / Title 39 / Chapter 36 / Section 39-3631
39-3631 APPROPRIATION OF WASTEWATER FACILITY LOAN FUND — PURPOSE OF CHAPTER.
Status: in_force

39-3631. Appropriation of wastewater facility loan fund — Purpose of chapter. Moneys in the wastewater facility loan fund are hereby perpetually appropriated for the following purposes:

(1) To provide loans and other forms of financial assistance authorized under title VI of the federal water quality act of 1987, P.L. 100-4, to any municipality for construction of sewage treatment works.

(2) To provide funds, subject to annual federal and state appropriation and applicable federal limitations, for operation of the wastewater facility loan program by the department of environmental quality.

History:

[(39-3631) 1988, ch. 270, sec. 6, p. 901; am. and redesig. 1995, ch. 352, sec. 15, p. 1188; am. 1996, ch. 345, sec. 3, p. 1156; am. 1998, ch. 16, sec. 3, p. 115; am. 2001, ch. 103, sec. 39, p. 285.]