Idaho Code § 54-2010 — Idaho Code / Title 54 / Chapter 20 / Section 54-2010
54-2010 COMPENSATION.
Status: in_force

54-2010. Compensation. Members of the education council are not employees of the state of Idaho, but shall be reimbursed expenses in the same manner as state employees in addition to a per diem allowance in the same amount as that received by the commissioners for each day of approved service.

History:

[54-2010, added 2000, ch. 285, sec. 3, p. 915.]
Idaho Code § 54-1605 — Idaho Code / Title 54 / Chapter 16 / Section 54-1605
54-1605 FUNCTIONS AND DUTIES OF BOARD — FEE FOR LICENSE APPLICANTS — RULES.
Status: in_force

54-1605. FUNCTIONS AND DUTIES OF BOARD — FEE FOR LICENSE APPLICANTS — RULES. (1) It shall be the function and duty of the board to:

(a) Develop, impose, and enforce standards for receiving and retaining a license or permit as a long-term care administrator. Such standards shall be designed to ensure that long-term care administrators are of good character, suitably qualified through training or experience, and capable of performing their duties in the field of long-term care administration;

(b) Determine whether an individual meets the standards for receiving and retaining a license or permit as a long-term care administrator and to develop and apply appropriate techniques, including examinations and investigations, for making such determinations;

(c) Revoke or suspend licenses and permits based on violation of standards, misconduct, or failure to meet ongoing qualification requirements;

(d) Issue provisional permits to individuals who meet certain criteria set forth by the board. Such provisional permits shall allow individuals who receive them to practice as a residential care facility administrator on a provisional basis;

(e) Establish and carry out procedures to ensure that licensed long-term care administrators comply with the established standards;

(f) Ensure that all individuals with provisional permits comply with all applicable standards and regulations during their permit period; and

(g) Receive, investigate, and take appropriate action on any charges or complaints regarding a licensed long-term care administrator's failure to comply with standards.

(2) The board shall establish by rule a fee schedule for applications, licenses, provisional permits, renewals, and endorsements of a license issued by another state, not to exceed four hundred dollars ($400).

(3) The board, any committee or member thereof, and any designated hearing officer shall have powers and duties as provided by law. They shall not be bound by strict rules of evidence in proceedings, but determinations shall be based on sufficient legal evidence.

(4) The board has the authority to make rules, subject to approval by the legislature, for the proper performance of its duties and the authority to adopt a code of ethics for long-term care administrators.

(5) The board shall take actions necessary to enable the state to meet federal requirements, including those set forth in section 1908 of the social security act and related federal regulations.

(6) The board may collect from the state association representing nursing homes in Idaho an amount necessary to reimburse the board for expenses related to prelitigation hearing panels conducted pursuant to chapter 23, title 6, Idaho Code. These funds shall be deposited into the occupational licenses fund.

History:

[54-1605, added 2025, ch. 98, sec. 3, p. 533.]
Idaho Code § 54-1001 — Idaho Code / Title 54 / Chapter 10 / Section 54-1001
54-1001 DECLARATION OF POLICY.
Status: in_force

54-1001. declaration of policy. The 2023 National Electrical Code, NFPA 70, is hereby adopted by the Idaho legislature. The 2023 National Electrical Code, NFPA 70, together with any amendments, revisions, or modifications by the Idaho electrical board through negotiated rulemaking shall collectively constitute and be named the Idaho electrical code. All installations in the state of Idaho of wires and equipment to convey electric current and installations of apparatus to be operated by such current, except as provided in this chapter, shall be made substantially in accord with the Idaho electrical code.

History:

[54-1001, added 2023, ch. 244, sec. 2, p. 745.]
Idaho Code § 54-1928 — Idaho Code / Title 54 / Chapter 19 / Section 54-1928
54-1928 LIABILITY OF PUBLIC BODY FOR FAILURE TO OBTAIN PAYMENT BOND.
Status: in_force

54-1928. Liability of public body for failure to obtain payment bond. Any public body subject to this act which shall fail or neglect to obtain the delivery of the payment bond as required by this act, shall, upon demand, itself promptly make payment to all persons who have supplied materials or performed labor in the prosecution of the work under the contract, and any such creditor shall have a direct right of action upon his account against such public body in any court having jurisdiction in any county in which the contract was to be performed and executed which action shall be commenced within one (1) year after the furnishing of materials or labor.

History:

[54-1928, added 1965, ch. 28, sec. 4, p. 43.]
Idaho Code § 54-900 — Idaho Code / Title 54 / Chapter 9 / Section 54-900
54-900 PURPOSE.
Status: in_force

54-900. Purpose. Recognizing that the practice of dentistry, dental therapy, and dental hygiene is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of dentists, dental therapists, and dental hygienists.

History:

[54-900, added 1991, ch. 147, sec. 1, p. 347; am. 2019, ch. 221, sec. 1, p. 669.]
Idaho Code § 54-5217 — Idaho Code / Title 54 / Chapter 52 / Section 54-5217
54-5217 PENALTIES.
Status: in_force

54-5217. Penalties. (1) Any person acting in the capacity of a contractor within the meaning of this chapter without a current registration as herein required shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment, in the discretion of the court.

(2) No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that he was a duly registered contractor, or that he was otherwise exempt as provided for in this chapter, at all times during the performance of such act or contract.

History:

[54-5217, added 2005, ch. 153, sec. 1, p. 480.]
Idaho Code § 54-1411A — Idaho Code / Title 54 / Chapter 14 / Section 54-1411A
54-1411A PRECEPTORS — CONTINUING EDUCATION.
Status: in_force

54-1411A. preceptors — continuing education. (1) In order to promote preceptorship experiences, a primary care health professional applying to renew a professional license pursuant to section 54-1411, Idaho Code, shall track and report any hours spent acting as a preceptor to a graduate student in a qualified rural area during the prior two (2) years. A preceptor devoting three hundred sixty (360) hours or more during the prior two (2) years in a qualified rural area shall receive credit for such service in the form of continuing education credits or required practice hours or be accorded such other affirmative acknowledgment as the board of nursing shall determine is appropriate in considering the renewal of the preceptor's license.

(2) For the purpose of this section, the following definitions apply:

(a) "Graduate student" means an individual matriculating at the graduate level at any accredited Idaho institution of higher education seeking a degree in any area of nursing licensed under this chapter.

(b) "Preceptor" means a nursing professional licensed pursuant to the provisions of this chapter.

(c) "Preceptorship" means an uncompensated mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision for a total of no less than one hundred eighty (180) hours per calendar year that is offered to eligible graduate students to enable the students to obtain professional degrees in primary care fields.

(d) "Primary care" shall have the meaning as provided in section 39-5903, Idaho Code.

(e) "Qualified rural area" means a primary care health professional shortage area or a medically underserved area, as those terms are defined in section 39-5903, Idaho Code.

History:

[54-1411A, added 2025, ch. 195, sec. 1, p. 895.]
Idaho Code § 54-1205 — Idaho Code / Title 54 / Chapter 12 / Section 54-1205
54-1205 COMPENSATION AND EXPENSES OF BOARD MEMBERS.
Status: in_force

54-1205. Compensation and expenses of board members. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code, when attending to the work of the board or any of its committees and for the time spent in necessary travel; and, in addition thereto, shall be reimbursed for all actual travel, per diem, incidentals and clerical expenses necessarily incurred in carrying out the provisions of this chapter.

History:

[54-1205, added 1939, ch. 231, sec. 5, p. 516; am. 1957, ch. 234, sec. 4, p. 547; am. 1978, ch. 170, sec. 4, p. 374; am. 1980, ch. 247, sec. 59, p. 624; am. 1986, ch. 140, sec. 5, p. 380; am. 2000, ch. 289, sec. 2, p. 993; am. 2007, ch. 219, sec. 2, p. 657.]
Idaho Code § 54-2110 — Idaho Code / Title 54 / Chapter 21 / Section 54-2110
54-2110 LICENSE WITHOUT CLINICAL COMPETENCY TEST (CCT).
Status: in_force

54-2110. License without clinical competency test (CCT). (1) The board may, upon payment of the fee prescribed under section 54-2107, Idaho Code, license without the clinical competency test (CCT) any person who is a diplomate with current certification from a specialty board approved by the American veterinary medical association. The applicant shall fulfill all requirements for licensure with the exception of a passing score on the CCT and shall provide verification of a current certification from a specialty board approved by the American veterinary medical association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to referrals in the specialty in which the person is board-certified.

(2) After November 1, 2000, the board may, upon payment of the fee prescribed under section 54-2107, Idaho Code, license without the CCT any person who has taken national examinations prior to this date and has not taken and passed the CCT but has fulfilled the requirements of section 54-2107, 54-2107A, or 54-2107B, Idaho Code.

(3) The board may require a personal interview of any or all applicants under this section.

History:

[54-2110, added 1990, ch. 111, sec. 9, p. 230; am. 1993, ch. 72, sec. 4, p. 192; am. 2000, ch. 122, sec. 5, p. 283; am. 2001, ch. 149, sec. 5, p. 539; am. 2021, ch. 40, sec. 9, p. 105.]
Idaho Code § 54-5105 — Idaho Code / Title 54 / Chapter 51 / Section 54-5105
54-5105 FEES.
Status: in_force

54-5105. FEES. In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.

History:

[54-5105, added 2024, ch. 61, sec. 35, p. 304.]
Idaho Code § 54-1223 — Idaho Code / Title 54 / Chapter 12 / Section 54-1223
54-1223 SAVING CLAUSE — EXEMPTIONS.
Status: in_force

54-1223. Saving clause — Exemptions. (1) This chapter shall not be construed to affect:

(a) The practice of any other profession or trade for which a license is required under any law of this state or the United States.

(b) The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final engineering design or land surveying decisions and is done under the direct responsibility, checking, and supervision of, and verified by, a person holding a license under this chapter.

(c) Any individual teaching upper division engineering subjects that are classified as engineering design for any college or university in this state as of July 1, 1988, and any such individual employed after July 1, 1988, for a period of five (5) years from the date of employment with any college or university in this state.

(d) An individual doing surveying work for himself, or through a business entity, on property owned or leased by the individual or business entity, or in which the individual or business entity has an interest, estate or possessory right and which affects exclusively the property or interests of the individual or business entity; provided, that all land surveying maps, plats or plans filed with any county recorder's office in the state of Idaho for the purpose of illustrating or defining boundaries of property ownership, shall be made by a licensed professional land surveyor as provided in this chapter.

(e) An individual doing survey work for himself, or through a business entity with respect to the location, amendment, or relocation of a mining claim.

(f) The practice of engineering by employees of a business entity as long as the services provided by them are for internal business entity use only.

(2) The board, at its discretion, may exempt an exceptional individual who has twelve (12) or more years of appropriate experience in engineering from the requirement for satisfactory completion of an examination in the fundamentals of engineering.

(3) An applicant for licensure as a professional engineer either by examination or by comity who has earned a bachelor degree in engineering from an approved engineering program and has, in addition, earned a doctorate degree in engineering from a college or university which offers an approved undergraduate program in the same discipline as the doctorate degree earned, shall be exempt from the requirement for satisfactory completion of an examination in the fundamentals of engineering. Honorary doctorate degrees are not considered earned degrees for purposes of this subsection.

(4) A professional engineer licensed in Idaho may review the work of a professional engineer who is licensed in another jurisdiction of the United States or a foreign country on a project that is a site adaptation of a standard design plan to determine that the standard design plan meets the standard of care and is applicable to the intended circumstance, with or without modification. The Idaho professional engineer shall demonstrate responsible charge, as defined in this chapter, by performing professional services related to his assignment including developing or obtaining a complete design record with design criteria and calculations, performing necessary code research and developing any necessary and appropriate changes to the standard design plan necessary to properly apply the standard design to the intended circumstance. The nonprofessional services, such as drafting, need not be redone by the Idaho professional engineer, but must clearly and accurately reflect the Idaho professional engineer's work. The burden is on the Idaho professional engineer to show such compliance. The Idaho professional engineer shall have control of and responsibility for the entire work product, shall seal, sign and date it as required in this chapter, and shall be in possession of all original documents or certified copies of documents related to the professional engineer's work for the project.

(5) In the event a licensee in responsible charge of a project leaves employment, is transferred, is promoted, becomes incapacitated, dies or is otherwise not available to seal, sign and date final documents, the duty of responsible charge of the project shall be accomplished by the successor licensee by becoming familiar with and reviewing, in detail, and retaining the project documents to date. Subsequent work on the project must clearly and accurately reflect the successor licensee's responsible charge. The successor licensee shall seal, sign and date all work product in conformance with section 54-1215, Idaho Code.

History:

[54-1223, added 1939, ch. 231, sec. 23, p. 516; am. 1957, ch. 234, sec. 15, p. 547; am. 1970, ch. 95, sec. 5, p. 238; am. 1978, ch. 170, sec. 18, p. 386; am. 1984, ch. 254, sec. 5, p. 608; am. 1986, ch. 140, sec. 21, p. 393; am. 1990, ch. 192, sec. 9, p. 432; am. 1994, ch. 356, sec. 1, p. 1116; am. 1996, ch. 357, sec. 17, p. 1200; am. 1999, ch. 273, sec. 2, p. 686; am. 2000, ch. 289, sec. 14, p. 1003; am. 2001, ch. 247, sec. 9, p. 897; am. 2002, ch. 6, sec. 3, p. 9; am. 2006, ch. 137, sec. 1, p. 392; am. 2007, ch. 219, sec. 5, p. 659; am. 2008, ch. 378, sec. 20, p. 1042; am. 2010, ch. 111, sec. 6, p. 228; am. 2026, ch. 221, sec. 6, p. 932.]
Idaho Code § 54-1212 — Idaho Code / Title 54 / Chapter 12 / Section 54-1212
54-1212 GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE.
Status: in_force

54-1212. General requirements for examination and license. Except as herein otherwise expressly provided, no license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be issued until an applicant has successfully passed an examination given by or approved by the board, nor shall a license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, be issued to an applicant having habits or character that would justify revocation or suspension of his license or certificate. Except for military personnel stationed in the state of Idaho on military orders and except for persons employed full-time in the state of Idaho, only residents of the state of Idaho and students enrolled at an Idaho university or college may qualify for initial licensure. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for certification as an intern or licensure as a professional engineer or professional land surveyor:

(1) As a professional engineer:

(a) Graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of an additional four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering; or

(b) Graduation with a bachelor's degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering.

(2) As a professional land surveyor:

(a) Graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional land surveying; or

(b) Graduation with a bachelor's degree in a related program from a school or college approved by the board as being of satisfactory standing, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice land surveying.

(3) As an engineer intern:

(a) Passage of an examination on the fundamentals of engineering and graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to enroll as an engineer intern;

(b) Passage of an examination on the fundamentals of engineering and graduation with a bachelor's degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern; or

(c) Passage of an examination on the fundamentals of engineering and graduation with an engineering master's or doctoral degree approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern.

(d) In the event the applicant passes the examination prior to graduation under the provisions of paragraph (a), (b) or (c) of this subsection, a certificate will be issued only after the applicant graduates.

(4) As a land surveyor intern:

(a) Passage of an examination on the fundamentals of surveying and graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to be enrolled as a land surveyor intern; or

(b) Passage of an examination on the fundamentals of surveying and graduation with a bachelor's degree in a related program from a school or college approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program and indicating that the applicant is competent to be enrolled as a land surveyor intern.

(c) In the event the applicant passes the examination prior to graduation from college under the provisions of paragraph (a) or (b) of this subsection, a certificate shall be issued only after the applicant graduates.

In counting years of experience for licensure as a professional engineer or professional land surveyor, the board may, at its discretion, give credit, not in excess of one (1) year, for satisfactory graduate study toward a master's degree and not in excess of an additional one (1) year for satisfactory graduate study toward a doctorate degree. In the event an applicant obtains a doctorate degree without first obtaining a master's degree, the board may, at its discretion, give credit, not in excess of two (2) years.

In considering the combined education and experience qualifications of applicants, the board shall consider engineering teaching, land surveying teaching, each year of satisfactory completion of undergraduate college education, advanced degrees in engineering and advanced degrees in land surveying in establishing the applicants' minimum composite knowledge and skill.

The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, shall not be deemed to be the practice of engineering, but if such experience, in the opinion of the board, has involved responsible supervision of a character that will tend to expand the engineering knowledge and skill of the applicant, the board may in its discretion give such credit therefor as it may deem proper.

Any person having the necessary qualifications prescribed in this chapter that otherwise entitle him for initial licensure or certification shall be eligible although he may not be practicing his profession at the time of making his application.

The board may postpone acting on an application for certification or licensure if disciplinary or criminal action related to the applicant's practice has been taken or is pending in any other jurisdiction. The board may postpone the notification of examination results to applicants on any examination if there is any unresolved examination irregularity involving the applicant. The board may investigate and adjudicate the validity of examination irregularities and if the examination irregularities are substantiated, the board may invalidate the examination result of the applicant.

History:

[54-1212, added 1939, ch. 231, sec. 12, p. 516; am. 1957, ch. 234, sec. 7, p. 547; am. 1961, ch. 258, sec. 3, p. 422; am. 1978, ch. 170, sec. 8, p. 371; am. 1986, ch. 140, sec. 11, p. 375; am. 1990, ch. 192, sec. 3, p. 424; am. 1992, ch. 61, sec. 1, p. 192; am. 1996, ch. 357, sec. 9, p. 1185; am. 1997, ch. 189, sec. 1, p. 514; am. 2000, ch. 289, sec. 7, p. 995; am. 2002, ch. 125, sec. 1, p. 350; am. 2003, ch. 15, sec. 1, p. 43; am. 2003, ch. 15, sec. 2, p. 46; am. 2004, ch. 84, sec. 1, p. 313; am. 2004, ch. 84, sec. 2, p. 315; am. 2008, ch. 378, sec. 9, p. 1030; am. 2008, ch. 378, sec. 10, p. 1033; am. 2010, ch. 111, sec. 1, p. 223; am. 2012, ch. 24, sec. 1, p. 78; am. 2015, ch. 48, sec. 3, p. 103; am. 2018, ch. 67, sec. 1, p. 159; am. 2026, ch. 221, sec. 87, p. 969.]
Idaho Code § 54-2615 — Idaho Code / Title 54 / Chapter 26 / Section 54-2615
54-2615 CERTIFICATE OF COMPETENCY.
Status: in_force

54-2615. Certificate of competency. Upon the applicant's successful completion of an examination, as certified by the board, he shall be issued a certificate of competency in the form of a card, providing thereon the holder's name, classification for which the applicant was examined, year current, space for the holder's signature, the certificate number, and the signature of the administrator of the division of occupational and professional licenses.

History:

[(54-2615) 1957, ch. 214, sec. 20, p. 454; am. 1974, ch. 39, sec. 34, p. 1023; redesignated as sec. 54-2615, 1984, ch. 123, sec. 16, p. 289; am. 1996, ch. 421, sec. 56, p. 1440; am. 2023, ch. 15, sec. 51, p. 105.]
Idaho Code § 54-2072 — Idaho Code / Title 54 / Chapter 20 / Section 54-2072
54-2072 COMMISSION MAY ANSWER PETITION — COMPROMISE OF CLAIMS.
Status: in_force

54-2072. Commission may answer petition — Compromise of claims. (1) Whenever the court proceeds upon a petition as provided in section 54-2071, Idaho Code, the commission may answer and defend any such action against the recovery fund on behalf of the recovery fund and in the name of the defendant and may use any appropriate method of review on behalf of the recovery account.

(2) The judgment set forth in the petition shall be considered as prima facie evidence only, and the findings of fact therein shall not be conclusive for the purposes of sections 54-2069 through 54-2078, Idaho Code.

(3) The commission may, subject to court approval, compromise a claim based upon the application of a petitioner.

History:

[54-2072, added 2000, ch. 285, sec. 3, p. 950.]
Idaho Code § 54-2307 — Idaho Code / Title 54 / Chapter 23 / Section 54-2307
54-2307 QUALIFICATIONS FOR LICENSE — APPLICANTS FOR WHOM AN EXAMINATION MAY BE REQUIRED.
Status: in_force

54-2307. Qualifications for license — Applicants for whom an examination may be required. An applicant shall be qualified for a license to practice psychology provided proof satisfactory to the board has been received showing:

(1) That the applicant has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code; and

(2) Either one of the following:

(a) Graduation from an accredited college or university with a doctoral degree in psychology and two (2) years of supervised experience acceptable to the board, one (1) year of which may include a predoctoral practicum or internship and one (1) of which must be postdoctoral; or

(b) Graduation from an accredited college or university with a doctoral degree in a field related to psychology, provided experience and training are acceptable to the board; and

(3) Successful passage of an examination if such examination is required by the rules duly adopted by the board; and

(4) Receipt of a completed application accompanied by an application fee as established by board rules not to exceed three hundred dollars ($300), and when an examination is required a processing fee of twenty-five dollars ($25.00) payable to the division of occupational and professional licenses. The fee for any required examination or reexamination shall be submitted directly to the national examining entity. The application fee and the processing fee are not refundable.

History:

[54-2307, added 1963, ch. 186, sec. 7, p. 549; am. 1969, ch. 464, sec. 18, p. 1304; am. 1975, ch. 27, sec. 1, p. 42; am. 1982, ch. 145, sec. 2, p. 407; am. 1994, ch. 16, sec. 1, p. 31; am. 2003, ch. 120, sec. 1, p. 368; am. 2009, ch. 33, sec. 6, p. 93; am. 2022, ch. 94, sec. 32, p. 304; am. 2022, ch. 246, sec. 19, p. 802.]
Idaho Code § 54-2403 — Idaho Code / Title 54 / Chapter 24 / Section 54-2403
54-2403 DEFINITIONS.
Status: in_force

54-2403. Definitions. As used in this chapter:

(1) "Backflow assembly tester" means a person who tests backflow prevention assemblies and who holds a current Idaho backflow assembly tester license.

(2) "Backflow prevention assembly" means a set of mechanical components, which prevents the undesired backflow of water or other liquids into a potable water system, and can be in-line tested and repaired.

(3) "Board" means the state board of drinking water and wastewater professionals as provided in section 54-2404, Idaho Code.

(4) "Certified" means the board has confirmed that an applicant has met all the requirements for licensure under this chapter and has approved the issuance of a license to practice in Idaho under the provisions of this chapter.

(5) "Collection system" means that portion of the wastewater system in which wastewater is received from the premises of the discharger and conveyed to the point of treatment through a series of lines, pipes, manholes, pumps/liftstations and other appurtenances.

(6) "Distribution system" means that portion of the water utility in which water is stored and conveyed from the water treatment plant or other supply point to the premises of a consumer.

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

(8) "Drinking water operator" means any person who operates public drinking water systems, water treatment plants or other systems in order to treat water so that it is safe to drink and who holds a current Idaho water system operator license.

(9) "Laboratory analyst" means any person responsible for conducting laboratory analysis tasks in the laboratory of a wastewater system.

(10) "License" means a physical document issued by the division certifying that an individual has met the appropriate qualifications and has been granted the authority to practice in Idaho under the provisions of this chapter.

(11) "Operator" or "operating personnel" means any person who is employed, retained, or appointed to conduct the tasks associated with the day to day operation and maintenance of a public drinking water system or a public wastewater system.

(12) "Public drinking water system or public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days of the year. Such term includes any collection, treatment, storage, and distribution facilities under control of the operator of such system, and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Every community and nontransient noncommunity water system, and each transient water system using a surface water source or ground water source directly influenced by surface water, shall be operated by a certified drinking water operator.

(13) "Public wastewater system or wastewater system" means those systems, including collection systems and treatment systems, that are owned by a city, county, state or federal unit of government, a nonprofit corporation, district, association, political subdivision or other public entity, or that generate or collect two thousand five hundred (2,500) or more gallons a day; or that have been constructed in whole or in part with public funds. This does not include any wastewater treatment system operated and maintained exclusively by a single family residence or any wastewater system consisting solely of a gravity flow, nonmechanical septic tank and subsurface treatment and distribution system, or industrial wastewater systems under private ownership.

(14) "Responsible charge" means active, daily, on-site, or on call responsibility, for the performance of operations or active, ongoing, on-site and on call direction of employees and assistants at a public drinking water system or a public wastewater system.

(15) "Responsible charge operator" means an operator of a public drinking water system, designated by the system owner, who holds a valid certificate at a class equal to or greater than the drinking water system classification, who is in responsible charge of the public drinking water system.

(16) "Wastewater operator" means a person who operates public wastewater systems, or public wastewater treatment plants or other systems, in order to remove harmful pollutants from domestic and industrial liquid waste so that it is safe to return to the environment, and who holds a current Idaho wastewater system operator license.

History:

[54-2403, added 2004, ch. 335, sec. 1, p. 997; am. 2022, ch. 94, sec. 34, p. 305.]
Idaho Code § 54-1723A — Idaho Code / Title 54 / Chapter 17 / Section 54-1723A
54-1723A CERTIFICATE TO ENGAGE IN THE PRACTICE OF PHARMACY INTO IDAHO.
Status: in_force

54-1723A. certificate to engage in the practice of pharmacy into Idaho. (1) To obtain a certificate to practice as a pharmacist into the state of Idaho, the applicant shall:

(a) Be licensed and in good standing in the state from which the applicant practices pharmacy;

(b) Submit a written application in the form prescribed by the board; and

(c) Pay the fee(s) specified by the board for the issuance of the certificate.

(2) A successful applicant for a certificate under this section shall be subject to the disciplinary provisions of section 54-1726, Idaho Code, and the penalty provisions of section 54-1728, Idaho Code.

(3) A successful applicant for a certificate under this section shall comply with the laws of this state unless compliance would violate the laws in the state in which the applicant is located.

(4) Renewal shall be required biennially and submitted to the board no later than the applicant's birthday.

(5) An applicant who has failed to maintain an Idaho license and who has not practiced as a pharmacist for the preceding twenty-four (24) months or longer may, at the board's discretion, be subject to requirements necessary to demonstrate professional competency.

History:

[54-1723A, added 2009, ch. 244, sec. 4, p. 752; am. 2010, ch. 116, sec. 1, p. 242; am. 2013, ch. 28, sec. 8, p. 60; am. 2014, ch. 34, sec. 1, p. 54; am. 2018, ch. 37, sec. 7, p. 88; am. 2021, ch. 54, sec. 12, p. 169; am. 2024, ch. 86, sec. 12, p. 396; am. 2025, ch. 93, sec. 14, p. 422.]
Idaho Code § 54-1910 — Idaho Code / Title 54 / Chapter 19 / Section 54-1910
54-1910 EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS.
Status: in_force

54-1910. Examinations, qualifications and applications. Under such rules as the board may adopt, the administrator shall have the power and authority to investigate, classify, and to qualify applicants for licenses under this chapter, by written or oral examinations, or both.

The qualifications to be required of an applicant by the board are as follows:

(a) Such degree of experience, and such general knowledge of the building, safety, health and lien laws of the state, and of the rudimentary administrative principles of the contracting business, as may be deemed necessary by the board for the safety and protection of the public. The applicant if an individual may qualify as to the aforementioned experience and knowledge by personal appearance or by the appearance of his responsible managing employee, and if a copartnership or corporation, limited liability company, limited liability partnership and any other combination or organization, by the appearance of the responsible managing officer or member of the personnel of such applicant. If the person qualifying by examination as to experience and knowledge shall, for any reason whatsoever, cease to be connected with the licensee to whom the license is issued, such licensee shall so notify the administrator in writing within ten (10) days from such cessation. If such notice is given, the license shall remain in force for a reasonable length of time, to be determined by rules of the board. If such licensee fails to so notify the administrator within said ten (10) day period, then at the end of such ten (10) day period the license of such licensee shall be automatically suspended. A suspended license shall be reinstated upon the filing with the administrator of an affidavit executed by the licensee or a member of the suspended firm, to the effect that the individual originally examined for the firm has been replaced by another individual who has been qualified by examination as herein provided, and who shall not have had a license suspended or revoked, nor have been connected with any licensee who has had a license suspended or revoked for reasons that should preclude him from personally qualifying as to good character as herein required of an applicant.

(b) The possession by the applicant of good character. Lack of character may be established by showing any of the following:

(1) That the applicant has committed or done any act which, if committed or done by any licensed contractor, would be grounds for the suspension or revocation of a contractor's license; or

(2) That the applicant has committed or done any act involving dishonesty, fraud or deceit whereby the applicant has been benefited or whereby some injury has been sustained by another; or

(3) That the applicant bears a bad reputation for honesty and integrity; or

(4) That the applicant has been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.

(c) That he has never been refused a license or had a license revoked for reasons that would preclude the granting of the license applied for.

(d) No license shall be issued to a corporation, copartnership, limited liability company, limited liability partnership or other combination or organization if any responsible officer of such corporation, or other combination or organization, or any member of such copartnership does not meet the qualifications required of an applicant other than those qualifications relating to knowledge and experience.

(e) To obtain an original license under this chapter, the applicant shall submit to the administrator, on such forms as the administrator shall prescribe, accompanied by the required fee for the class of license applied for, and in accordance with such rules as may be deemed necessary and adopted by the board in order to carry out the foregoing provisions of this section, a sworn written application for such license, containing the statement that the applicant desires the issuance of a license under the terms of this chapter. The information contained in such application forms shall include a complete statement of the general nature of the applicant's contracting business, and stating concisely the applicant's experience and qualifications as a contractor; the value and character of contract work completed and for whom performed during the three (3) year period prior to filing the application; a general description of the applicant's machinery and equipment; a complete financial statement that may include a letter from the applicant's bonding company stating the amount of the applicant's bonding capability per project and in the aggregate, on such forms and disclosing such information as shall be required by the administrator, together with such additional information as may be required by the administrator to determine the applicant's fitness for a license under this chapter. The application shall contain, if by an individual, the individual's name, social security number and business address; if by a copartnership, its business address and the names and addresses of all partners; and if by a corporation, association, limited liability company, limited liability partnership or other organization, its business address and the names and addresses of the president, vice president, secretary, and chief construction managing officers, or responsible managing employee. A request for a licensing class higher than that for which the applicant qualifies must go to the administrator for review and may be approved up to the bond limit. A final appeal of a decision of the administrator may be made to the board.

History:

[54-1910, added 1941, ch. 115, sec. 10, p. 212; am. 1969, ch. 18, sec. 3, p. 30; am. 1999, ch. 201, sec. 12, p. 537; am. 2001, ch. 300, sec. 7, p. 1090; am. 2001, ch. 301, sec. 2, p. 1099; am. 2020, ch. 175, sec. 24, p. 527.]
Idaho Code § 54-1904E — Idaho Code / Title 54 / Chapter 19 / Section 54-1904E
54-1904E AWARD OF CONTRACT TO SECOND OR NEXT LOWEST BIDDER.
Status: in_force

54-1904E. Award of contract to second or next lowest bidder. If the public entity deems it is in its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder.

If the second lowest responsible bidder fails or refuses to execute the contract, the public entity may likewise award it to the next lowest responsible bidders.

On the failure or refusal of the second or next lowest responsible bidders to execute a contract, their bidder's security shall be likewise forfeited. A public entity may determine it is in its best interests to cancel and rebid the public works project and retain any forfeited bid security.

History:

[54-1904E, added 1991, ch. 282, sec. 2, p. 729; am. 1999, ch. 201, sec. 7, p. 535.]
Idaho Code § 54-408 — Idaho Code / Title 54 / Chapter 4 / Section 54-408
54-408 PROMOTERS — BOND OR OTHER SECURITY — MEDICAL INSURANCE.
Status: in_force

54-408. Promoters — Bond or other security — Medical insurance. (1) Before any sanctioning permit is issued to any promoter to conduct or hold a contest or exhibition and before an approved amateur athletic sanctioning organization sanctions an exempt amateur event, the promoter shall file with the commission a bond or other form of financial security payable to the state of Idaho in an amount determined by the commission, executed by the promoter and a surety company or companies authorized to do business in this state, and conditioned upon the faithful performance by the promoter, which shall include, but not be limited to, the cancellation of a sanctioned contest or exhibition without good cause as determined by the commission.

(2) The bond or other form of financial security required under this section shall guarantee the payment of all taxes, fees, fines and other moneys due and payable pursuant to the provisions of this chapter and the rules of the commission or regulations of an approved amateur athletic sanctioning organization, as applicable, including, but not limited to, the payment of purses to the participants, other than the promoter, any contributions for required insurance, pensions, disability and medical examinations, the repayment to ticketholders of purchased tickets, and if applicable, the payment of fees to ring officials and physicians and, in the event of the cancellation of a sanctioned contest or exhibition without good cause, an amount determined by the commission.

(3) The commission may modify the amount of bond or other form of financial security if the commission determines that modification is required to ensure adequate and sufficient coverage for payment of taxes, fees, fines, purses and other moneys due and payable pursuant to the provisions of this section. Failure of any promoter to secure a modified bond or other form of financial security required pursuant to this subsection within such period of time as the commission may prescribe, shall be grounds for the commission to revoke any sanctioning permit and cancel any contest or exhibition.

(4) All proceeds collected pursuant to the provisions of this section shall be deposited in the state treasury to the credit of the occupational licenses fund.

(5) Promoters must obtain health insurance to cover any injuries incurred by participants, other than the promoter, at the time of the event.

History:

[(54-408) 54-407, added 1992, ch. 229, sec. 2, p. 682; am. and redesig. 2004, ch. 385, sec. 8, p. 1154; am. 2007, ch. 149, sec. 7, p. 451; am. 2009, ch. 93, sec. 5, p. 275; am. 2010, ch. 311, sec. 3, p. 835.]
Idaho Code § 54-3103 — Idaho Code / Title 54 / Chapter 31 / Section 54-3103
54-3103 CERTIFICATION REQUIRED.
Status: in_force

54-3103. Certification required. Except as expressly provided in this chapter, no person shall engage in the practice of shorthand reporting or be appointed to the position of district court reporter in any state district court, or before any master or referee, or as reporter for any board or commission of the state requiring shorthand reporting for any hearing, proceeding or trial unless such person is a certified shorthand reporter as defined in this chapter; provided that any district court reporter, or any reporter before a master or referee shall also possess such additional qualifications as the supreme court may prescribe by rule.

No person shall use the title of certified shorthand reporter or its abbreviations C.S.R. or CSR, or any similar words or letters in conjunction with such person's name to indicate the possession of qualifications to practice in this state as a certified shorthand reporter without having a valid temporary permit or regular certificate issued pursuant to this chapter and not revoked or suspended. A certificate or permit to practice shorthand reporting shall not be transferable.

History:

[54-3103, added 1974, ch. 110, sec. 4, p. 1255; am. 2008, ch. 68, sec. 3, p. 176; am. 2015, ch. 152, sec. 1, p. 542.]
Idaho Code § 54-2030 — Idaho Code / Title 54 / Chapter 20 / Section 54-2030
54-2030 EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS.
Status: in_force

54-2030. Expiration or withdrawal of provider certification — Notice to students. If a provider's certification expires, is terminated or is withdrawn for any reason, the provider will no longer be approved by the commission, and no credit will be given to students for any courses not yet successfully completed by the expiration date. A provider whose certification has expired, been terminated or withdrawn for any reason shall immediately notify every present or future student in writing that it is not a certified provider of approved real estate courses in Idaho and that no credit for prelicense or continuing education will be given for its courses.

History:

[54-2030, added 2000, ch. 285, sec. 3, p. 927; am. 2015, ch. 51, sec. 5, p. 119.]
Idaho Code § 54-1131 — Idaho Code / Title 54 / Chapter 11 / Section 54-1131
54-1131 DEFINITIONS.
Status: in_force

54-1131. Definitions. As used in sections 54-1132 through 54-1143, Idaho Code:

(1) "Beneficiary" means the person who is to receive the funeral or cemetery merchandise or funeral or cemetery services.

(2) "Certified seller" means any licensed funeral establishment that holds a certificate of registration or that is registered to sell or offer for sale prearrangement sales contracts.

(3) "Funeral or cemetery merchandise" means personal property normally and customarily sold by funeral establishments, cemeteries, and crematory establishments including, but not limited to, caskets or other primary containers, burial vaults, casket-vaults, grave liners, funeral clothing or accessories, monuments, grave markers and cremation urns. It shall include:

(a) Merchandise identified for the purchaser or the beneficiary to be manufactured for future delivery and use.

(b) Merchandise that has been manufactured and held by the manufacturer for future delivery and use.

(c) Merchandise that has been manufactured and delivered to and in the possession of the seller, who has placed it, until needed, in storage.

(4) "Funeral or cemetery services" means those services normally and customarily performed by a funeral service practitioner, mortician, funeral establishment, cemetery or crematory establishment in conjunction with funeral or memorial services, interment, entombment or cremation.

(5) "Guaranteed contract" means a written prearrangement sales contract that guarantees the beneficiary funeral or cemetery services or funeral or cemetery merchandise contained in the contract and under which no charges other than the sales price contained in the contract shall be required upon delivery of the merchandise or performance of the funeral and cemetery services.

(6) "Nonguaranteed contract" means a written prearrangement sales contract that does not guarantee the beneficiary any specific funeral or cemetery merchandise or services. Any funds paid under this contract are only a deposit to be applied toward the final cost of the funeral or cemetery merchandise or services.

(7) "Prepaid prearrangement sale or prearrangement sales contract" means any sale, other than a contract of life insurance entered into by an insurance company, that has as its purpose the furnishing of funeral or cemetery merchandise or funeral or cemetery services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time.

(8) "Primary container" means a casket, rental casket, casket-vault, chapel-vault or other container that serves as the repository for dead human remains.

(9) "Public cemetery" means a cemetery owned and operated by a cemetery district organized under Idaho law, or by a municipal corporation or political subdivision of the state of Idaho.

(10) "Purchaser" means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract with a certified person under which any payment or payments made under the contract are required to be deposited in trust.

(11) "Secondary container" means a vault, grave liner, urn or other container purchased by the buyer for a burial or required by the cemetery that will be the repository for the primary container.

(12) "Trustee" means any bank, trust company or savings institution authorized to do business in the state of Idaho where accounts are insured with the federal deposit insurance corporation, the federal savings and loan insurance corporation or other similar agency of the United States government.

History:

[54-1131, added 1989, ch. 138, sec. 2, p. 312; am. 1994, ch. 105, sec. 6, p. 236; am. 2003, ch. 257, sec. 17, p. 676; am. 2020, ch. 257, sec. 10, p. 749.]
Idaho Code § 54-901 — Idaho Code / Title 54 / Chapter 9 / Section 54-901
54-901 DEFINITION — PRACTICE OF DENTISTRY.
Status: in_force

54-901. Definition — Practice of dentistry. The practice of dentistry is the doing by one (1) person, for a direct or indirect consideration, of one or more of the following with respect to the teeth, gums, alveolar process, jaws, or adjacent tissues of another person, namely:

Examining for diagnosis, treatment, extraction, repair, replacement, substitution, or correction;

Diagnosing of disease, pain, injury, deficiency, deformity or physical condition;

Treating, operating, prescribing, extracting, repairing, taking impressions, fitting, replacing, substituting, or correcting;

Administering anesthetics or medicaments in connection with any of the foregoing.

History:

[54-901, added 1949, ch. 102, sec. 1, p. 177; am. 1953, ch. 105, sec. 1, p. 138; am. 1957, ch. 81, sec. 1, p. 131; am. 1987, ch. 30, sec. 1, p. 39; am. 1994, ch. 58, sec. 1, p. 99.]
Idaho Code § 54-2819 — Idaho Code / Title 54 / Chapter 28 / Section 54-2819
54-2819 DISCIPLINE.
Status: in_force

54-2819. Discipline. The board shall have the power to take disciplinary action upon a determination that an individual:

(1) Made, or caused to be made, a false, fraudulent or forged statement, document, credentials or representation in procuring or attempting to procure a certificate of registration to practice geology;

(2) Practiced geology under a false or assumed name;

(3) Was convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of action constituting a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;

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

(5) Is or has been grossly negligent, incompetent, or reckless in the practice of geology; or

(6) Has had a license, certificate, or registration to practice as a professional geologist suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of such suspension or revocation.

History:

[54-2819, added 1971, ch. 137, sec. 19, p. 576; am. 1993, ch. 216, sec. 84, p. 658; am. 2002, ch. 266, sec. 14, p. 795; am. 2009, ch. 75, sec. 5, p. 211; am. 2020, ch. 175, sec. 27, p. 535; am. 2025, ch. 151, sec. 4, p. 739; am. 2026, ch. 221, sec. 17, p. 945.]
Idaho Code § 54-924 — Idaho Code / Title 54 / Chapter 9 / Section 54-924
54-924 OTHER GROUNDS OF REFUSAL, REVOCATION OR SUSPENSION OF DENTISTS — PROBATION AGREEMENTS.
Status: in_force

54-924. Other grounds of refusal, revocation or suspension of dentists — Probation agreements. The board may refuse to issue or renew a dental license or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental license as the board may deem proper, including administrative penalties not to exceed ten thousand dollars ($10,000) per violation and assessment of the costs of disciplinary proceedings in the event a dentist shall:

(1) Intentionally misstate or fail fully to disclose a fact material to determination of fitness and qualification in an application for licensure to practice dentistry or cheat in an examination to practice dentistry; or procure a certificate or finding of qualification to practice dentistry or subsequently a license by false, fraudulent or deceitful means or in any other name than his own true name; or

(2) Practice dentistry under any name other than his own true name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code; or

(3) Practice or in any manner or by any means or at any place hold out or represent himself as practicing dentistry in or under the name of, or as a member, representative, agent or employee of, or in connection with, any company, association, or corporation, or under any trade, fictitious or business name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code, except for:

(a) A dentist practicing dentistry and providing dentistry services to prisoners in the custody of the Idaho department of correction as an employee of:

(i) The state of Idaho;

(ii) A contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or

(iii) A subcontractor for a contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or

(b) A dentist practicing dentistry as an employee or contracting dentist providing dentistry services to any health center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or

(4)(a) Make, or cause to be made, or assist in making, any fraudulent, false, or misleading statement as to his own or an employee's, associate's, or other dentist's, dental therapist's, or dental hygienist's skill or lack of skill, or method of practice; or

(b) Claim to practice dentistry without causing pain; or

(c) Claim superiority over other dentists; or

(d) Publish, advertise, or circulate reports, letters, certificates, endorsements, or evidence of cures or corrections of dental conditions by such dentist, his employee, or his associate by reason of his or their skill, experience, or ability or of his or their use of any system, method, technique, device, drug, medicine, material, manipulation or machine; or

(e) Advertise the use of, or use, any system, method, technique, device, drug, medicine, material or machine that is either falsely advertised or misnamed; or

(5) Use intoxicants or drugs to such a degree as to render him unfit to practice; or

(6) Commit malpractice, that is, to provide dental care that fails to meet the standard of dental care provided by other qualified dentists in the same community or similar communities, taking into account his training, experience and the degree of expertise to which he holds himself out to the public; or

(7) Engage in unprofessional conduct, as defined by board rules; or

(8) Advertise in such way as to deceive or defraud, or probably deceive or defraud, the public or patrons; or

(9) Employ or permit any person not a dentist to practice dentistry, or any person not a dentist or dental therapist to practice dental therapy, or any person not a dentist or dental hygienist to practice dental hygiene, in his office or under his control or direction; or

(10) Fail, neglect or refuse to keep his office or equipment, or otherwise conduct his work, in accordance with current state and federal laws, rules and regulations; or

(11) Violate any other provisions of law or rules adopted by the board; or

(12) Falsely identify himself to the public as a specialist in a specialty area of dentistry as defined by rule; or

(13) Engage in the practice of dentistry as a member, stockholder, employee, director, partner or proprietor in any business entity in which a person, not duly licensed to practice dentistry in this state, holds an ownership interest. The provisions of this subsection shall not apply to:

(a) Such engagement in a limited managed care plan pursuant to chapter 39, title 41, Idaho Code;

(b) A dentist practicing dentistry and providing dentistry services to prisoners in the custody of the Idaho department of correction as an employee of:

(i) The state of Idaho;

(ii) A contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or

(iii) A subcontractor for a contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or

(c) A dentist practicing dentistry for any health care center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or

(14) Supervise more than three (3) dental therapists; or

(15) Require directly, or as a member, representative, contracted agent, or employee of or in connection with any company, association, corporation, or partnership, that a patient sign an agreement limiting his right or ability to file a complaint with the board.

History:

[54-924, added 1949, ch. 102, sec. 24, p. 177; am. 1963, ch. 336, sec. 1, p. 963; am. 1967, ch. 312, sec. 21, p. 886; am. 1971, ch. 83, sec. 4, p. 181; am. 1981, ch. 215, sec. 12, p. 397; am. 1986, ch. 35, sec. 8, p. 116; am. 1987, ch. 30, sec. 9, p. 44; am. 1994, ch. 58, sec. 24, p. 114; am. 2006, ch. 285, sec. 9, p. 879; am. 2013, ch. 281, sec. 1, p. 730; am. 2014, ch. 121, sec. 8, p. 350; am. 2019, ch. 221, sec. 14, p. 678; am. 2021, ch. 7, sec. 4, p. 8; am. 2022, ch. 34, sec. 1, p. 93.]
Idaho Code § 54-1112 — Idaho Code / Title 54 / Chapter 11 / Section 54-1112
54-1112 REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.
Status: in_force

54-1112. Requirements for resident trainee license. The board shall issue to any person a resident trainee license to practice as a resident trainee and perform services at a particular establishment under the personal supervision of a specified licensed mortician within the state of Idaho who has complied with and fulfilled all of the following requirements:

(1) Has attained eighteen (18) years of age, and is a resident of the state of Idaho.

(2) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.

(3) Has graduated from an accredited high school or a nonpublic school or has received an equivalent education as determined by the standards set and established by the state board of education.

(4) Has filed an application with the board as required by this chapter and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. Provided further, no person shall be eligible to be licensed as a resident trainee for a total cumulative period of more than three (3) years in the state of Idaho unless approved by the board for good cause. The three (3) year limitation includes all time practicing as a resident trainee or apprentice for a mortician license, funeral director license, or both.

History:

[54-1112, added 1970, ch. 70, sec. 11, p. 167; am. 1974, ch. 13, sec. 99, p. 138; am. 2003, ch. 257, sec. 9, p. 673; am. 2009, ch. 72, sec. 1, p. 207; am. 2016, ch. 79, sec. 1, p. 258; am. 2022, ch. 246, sec. 12, p. 797; am. 2026, ch. 135, sec. 3, p. 634.]
Idaho Code § 54-1133 — Idaho Code / Title 54 / Chapter 11 / Section 54-1133
54-1133 FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.
Status: in_force

54-1133. Form and content of contract — Price disclosure. (1) Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style.

(2) Each contract shall identify the seller, the certificate of authority number the certified seller is working under, purchaser, and the beneficiary if other than the purchaser.

(3) Each contract shall specify the services and/or merchandise to be provided, as well as a statement of the law regarding substitution as provided in section 54-1137, Idaho Code.

(4) Each contract shall set forth the purchase price and the terms under which it is to be paid.

(5) Each contract shall conform to other state or federal regulations, including price disclosure. It is the contract seller's duty to comply with such regulations.

(6) Each contract shall state clearly whether it is a guaranteed price contract or a nonguaranteed price contract.

(7) Each contract shall state clearly whether it is a revocable or nonrevocable trust.

(8) Each contract shall state the amount of money to be placed in trust and the name of the trustee, but the contract may provide that the certified seller may designate a new trustee to obtain higher interest earnings on the trust funds.

(9) Each contract shall explain the disposition of the interest and include a statement of the fees, expenses and taxes that may be deducted from the interest pursuant to section 54-1134, Idaho Code, and a statement of the purchaser's responsibility for taxes owed on the interest.

(10) Each contract shall explain the purchaser's cancellation rights pursuant to section 54-1135, Idaho Code.

History:

[54-1133, added 1989, ch. 138, sec. 2, p. 313; am. 2020, ch. 257, sec. 12, p. 750.]
Idaho Code § 54-1410 — Idaho Code / Title 54 / Chapter 14 / Section 54-1410
54-1410 NURSE EMERITUS LICENSE.
Status: in_force

54-1410. Nurse emeritus license. (1) Any licensee in good standing, who desires to retire for any length of time from the practice of nursing in this state, shall submit a request in writing, surrender the current license, and pay the required fee; thereafter the current license shall be placed on inactive status and an emeritus status license issued.

(2) Fees are nonrefundable and cannot be prorated.

(3) An emeritus status license does not entitle the holder to practice nursing in the state of Idaho, except that:

(a) A registered nurse with an emeritus status license may use the title "registered nurse," or the abbreviation "RN"; and

(b) A practical nurse with an emeritus status license may use the title "licensed practical nurse," or the abbreviation "LPN"; and

(c) An advanced practice registered nurse with an emeritus status license may use an appropriate title or designation as set forth in section 54-1402(1), Idaho Code.

(4) The board may reinstate a license with emeritus status to a license with active status upon payment of the required reinstatement fee, submission of a satisfactory reinstatement application and proof of current competency to practice.

(5) When disciplinary proceedings have been initiated against a licensee with emeritus status, the license shall not be reinstated until the proceedings have been completed.

History:

[54-1410, added 2002, ch. 80, sec. 5, p. 180; am. 2012, ch. 142, sec. 6, p. 375; am. 2017, ch. 55, sec. 1, p. 85.]
Idaho Code § 54-4312 — Idaho Code / Title 54 / Chapter 43 / Section 54-4312
54-4312 EXEMPTIONS.
Status: in_force

54-4312. EXEMPTIONS. (1) Nothing in this chapter is to be construed as preventing or restricting the performance of respiratory care or requiring licensure or a permit pursuant to this chapter:

(a) Of any person authorized in this state under any other law who carries out only those professional duties and functions for which such person has been specifically trained and for which professional designations are conferred;

(b) Of certified pulmonary function technologists and registered pulmonary function technologists who carry out only those professional duties and functions for which such persons have been specifically trained and for which such professional designations are conferred;

(c) Of any person employed as a respiratory therapist by the government of the United States or any agency thereof if such person practices or provides respiratory care solely under the direction or control of the organization by which such person is employed;

(d) Of any person actively pursuing in good faith a full-time supervised course of study leading to a degree or certificate in respiratory care in an American medical association accredited or approved educational program, or the equivalent as determined by the board, where the practice or provision of respiratory care by such person is supervised by a respiratory care practitioner or by a licensed physician;

(e) Of any person performing respiratory care in the state for purposes of continuing education, consulting, or training, if these services are performed for no more than thirty (30) days in a calendar year in association with a respiratory care practitioner licensed under this chapter or in association with a licensed physician, if:

(i) The person is licensed as a respiratory care practitioner or the equivalent, as determined by the board, in good standing in another state or the District of Columbia or in a territory of the United States; or

(ii) The person is a certified respiratory therapist or registered respiratory therapist; or

(f) Of any person who administers cardiopulmonary resuscitation in an emergency situation.

(2) A person claiming an exemption under subsection (1)(c) or (1)(e) of this section shall apply for a license or a permit as provided for in this chapter in the event the facts upon which such claim for exemption is based change or cease to exist eliminating the grounds for such claim for exemption. Such application shall be filed with the board as soon as possible after the loss of the claim to exemption but no later than thirty (30) calendar days after the right to the exemption ceases. Such person may practice or perform respiratory care after the loss of such exemption and prior to application for or issuance by the board of a license or permit only under the direct supervision of a respiratory care practitioner or a licensed physician.

(3) A person claiming exemption under the provisions of subsection (1)(d) of this section shall cease to be eligible for such exemption if such person ceases to actively pursue the required course of study for a period of time in excess of one hundred twenty (120) consecutive calendar days and immediately upon receipt of the degree or certificate for which such person pursued the course of study.

(4) The burden of proving the existence of facts entitling a person to an exemption under this section shall be upon the person claiming the exemption.

(5) The provisions of this chapter shall not prohibit hospitals from employing individuals to provide respiratory care services who are exempt from the licensing requirements of this chapter. The provisions of this chapter shall not prohibit any hospital from training qualified personnel to provide respiratory care if the trainee would be exempt under subsection (1)(a) or (1)(d) of this section, provided that said training and respiratory care services are done under the supervision of a licensed physician or a respiratory care practitioner.

History:

[54-4312, added 2021, ch. 21, sec. 2, p. 59.]
Idaho Code § 54-5202 — Idaho Code / Title 54 / Chapter 52 / Section 54-5202
54-5202 DECLARATION OF POLICY.
Status: in_force

54-5202. Declaration of policy. The legislature finds and declares that the practice of construction in the state of Idaho affects the public health, safety and welfare of its citizens. The legislature further finds that it is in the public interest to provide a mechanism to remove from practice incompetent, dishonest, or unprincipled practitioners of construction. To aid in fulfilling these purposes, this chapter provides for the registration of construction contractors within the state of Idaho.

History:

[54-5202, added 2005, ch. 153, sec. 1, p. 471.]
Idaho Code § 54-1221 — Idaho Code / Title 54 / Chapter 12 / Section 54-1221
54-1221 REISSUANCE OF WALL LICENSES AND CERTIFICATES.
Status: in_force

54-1221. reissuance of wall licenses and certificates. A new wall license or certificate to replace any that was previously revoked, lost, destroyed, or mutilated may be issued upon payment of ten dollars ($10.00).

History:

[54-1221, added 2020, ch. 127, sec. 6, p. 402.]
Idaho Code § 54-919 — Idaho Code / Title 54 / Chapter 9 / Section 54-919
54-919 CHEATING.
Status: in_force

54-919. Cheating. In the event the board finds prior to the issuance of a certificate of qualification that an applicant, whether or not receiving a passing grade in the examination, has made any false statement with intent to mislead or deceive the board or its members in or in connection with his application, or has cheated or attempted to cheat in examination, such applicant shall be denied a certificate of qualification and shall be notified in writing with the reasons, the facts and the date and means of notification shall be recorded by the board.

In the event of such finding, subsequent to the issuance of a certificate of qualification, proceedings may be maintained to revoke such certificate and any license outstanding, on such ground.

History:

[54-919, added 1949, ch. 102, sec. 19, p. 177; am. 1967, ch. 312, sec. 16, p. 886; am. 1994, ch. 58, sec. 19, p. 110; am. 2006, ch. 285, sec. 3, p. 875.]
Idaho Code § 54-2074 — Idaho Code / Title 54 / Chapter 20 / Section 54-2074
54-2074 AUTOMATIC SUSPENSION OF BROKER'S, ASSOCIATE BROKER'S OR SALESPERSON'S LICENSE ON PAYMENT BY COMMISSION — CONDITION FOR LICENSE REINSTATEMENT.
Status: in_force

54-2074. Automatic suspension of broker's, associate broker's or salesperson's license on payment by commission — Condition for license reinstatement. If, pursuant to court order, the commission pays from the recovery fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensed broker, associate broker or salesperson, the license of such broker, associate broker or salesperson shall be automatically suspended without further order of the commission upon the effective date of any order by the court as set forth herein authorizing payment from the recovery fund. No such broker, associate broker or salesperson shall be granted reinstatement until he has repaid in full, the amount so paid from the recovery fund plus interest at the legal rate of interest allowable by law for judgments.

History:

[54-2074, added 2000, ch. 285, sec. 3, p. 951.]
Idaho Code § 54-1863 — Idaho Code / Title 54 / Chapter 18 / Section 54-1863
54-1863 WITHDRAWAL.
Status: in_force

54-1863. withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.

(4) The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice as provided under subsection (3) of this section.

(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(6) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

(7) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

History:

[54-1863, added 2015, ch. 105, sec. 1, p. 258.]
Idaho Code § 54-2507 — Idaho Code / Title 54 / Chapter 25 / Section 54-2507
54-2507 AUTHORITY OF COMMISSION.
Status: in_force

54-2507. Authority of commission. (1) The commission created by this act is hereby authorized and it shall be its duty to license, regulate, and supervise all race meets held in this state under the terms of this act, and to cause the various places where race meets are held to be visited and inspected at least once a year.

(2) Notwithstanding any other provision of this chapter, the commission may authorize any licensee to participate in an interstate common wagering pool with one (1) or more other racing jurisdictions. Anytime that a licensee participates in an interstate pool, the licensee may adopt, with the authorization of the commission, the take-out of the host jurisdiction or facility.

(3) The commission may permit a licensee to use one (1) or more of its races for an interstate common wagering pool at locations outside its jurisdiction, and may allow pari-mutuel pools in other states to be combined with pari-mutuel pools in its jurisdiction for the purpose of establishing an interstate common wagering pool.

History:

[54-2507, added 1963, ch. 64, sec. 7, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1991, ch. 56, sec. 2, p. 107; am. 1992, ch. 19, sec. 2, p. 56.]
Idaho Code § 54-2903 — Idaho Code / Title 54 / Chapter 29 / Section 54-2903
54-2903 DEFINITIONS.
Status: in_force

54-2903. Definitions. As used in this chapter:

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

(2) "Audiologist" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter and is engaged in the practice of audiology.

(3) "Board" means the speech, hearing and communication services licensure board.

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

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

(6) "Hearing aid" means any wearable electronic instrument or other device designed for the purpose of aiding or compensating for a loss of human hearing and any parts, attachments or accessories, including earmolds attached to the hearing aid, but excluding batteries and cords. "Hearing aid" does not include those devices classified by the federal food and drug administration as assistive listening devices.

(7) "Hearing aid dealer and fitter" means a person licensed pursuant to this chapter to provide hearing aid evaluations and to sell, dispense and fit hearing aids in the state of Idaho.

(8) "Hearing aid evaluation" means the measurement of human hearing for the purpose of selecting or adapting a hearing aid, and not for obtaining medical diagnosis or legal documentation, and includes the following:

(a) Air conduction threshold testing;

(b) Bone conduction threshold testing;

(c) Speech reception threshold testing;

(d) Speech discrimination testing;

(e) Most comfortable loudness level testing; and

(f) Uncomfortable loudness level testing.

(9) "Improper fitting" means a pattern of hearing aid selections or adaptations that cause physical damage to any portion of the ear in which the electroacoustic characteristics of the hearing aid are inadequate for the consumer, or in which the hearing aid is physically or acoustically unsuited to the consumer including, but not limited to:

(a) An all-in-the-ear hearing aid that continually falls out of the ear;

(b) Any hearing aid or earmold that causes inappropriate feedback, pain or discomfort to the ear within thirty (30) days of the original delivery of the hearing aid to the consumer;

(c) Fitting a consumer with impacted cerumen; or

(d) Fitting a consumer with either an apparent unilateral sensorineural hearing loss or a significant air-bone gap without prior medical evaluation and approval.

(10) "License" means a license issued by the board under this chapter.

(11) "Practice of audiology" means to apply the principles, methods and procedures of measurement, evaluation, testing, counseling, consultation and instruction that relate to the development and disorders of hearing, vestibular functions and related language and speech disorders to prevent, modify or rehabilitate the disorders or to assist individuals in auditory and related skills for communication, and may include intraoperative monitoring and the fitting, adjustment, programming, selling and dispensing of hearing aids and assistive devices.

(12) "Practice of fitting and dealing in hearing aids" means the selection, adaptation, dispensing, fitting or sale of hearing aids, and includes the testing of hearing by means of an audiometer, or by any other device designed specifically for these purposes. The practice also includes the making of impressions for earmolds.

(13) "Practice of sign language interpreting" means the application of the process of providing effective communication between and among persons who are deaf, hard of hearing or deaf-blind, speech impaired and those who can hear. The process includes, but is not limited to, communication between American sign language or other forms of manual communication and English. The process may also involve various other modalities that involve visual, gestural and tactile methods.

(14) "Practice of speech-language pathology" means the application of principles, methods and procedures of measurement, evaluation, testing, counseling, rehabilitation, screening, consultation and instruction that relate to the development and disorders of human communication including, but not limited to, speech (articulation, fluency, voice, accent reduction) and language, swallowing, cognitive communication disorders, augmentative and alternative communication systems and related hearing disorders.

(15) "Provisional permit" means a permit issued to an applicant who is registered to obtain required experience to become licensed.

(16) "Sign language interpreter" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who engages in the practice of sign language interpreting.

(17) "Speech-language pathologist" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who engages in the practice of speech-language pathology.

(18) "Speech-language pathologist aide" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who works under the direction and supervision of a speech-language pathologist. A speech-language pathologist aide shall not act or provide services independently of a supervising speech-language pathologist licensed in Idaho.

(19) "Speech-language pathologist assistant" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and works under the direction and supervision of a speech-language pathologist. A speech-language pathologist assistant shall not act or provide services independently of a supervising speech-language pathologist licensed in Idaho.

(20) "Video remote interpreting provider" means a person or entity registered to do business in the state of Idaho and licensed to provide video remote interpreting services.

(21) "Video remote interpreting services" means the use of videoconferencing technology with the intent to provide the practice of sign language interpreting.

History:

[54-2903, added 2005, ch. 277, sec. 2, p. 853; am. 2017, ch. 67, sec. 2, p. 157; am. 2020, ch. 12, sec. 4, p. 24; am. 2022, ch. 94, sec. 41, p. 309; am. 2025, ch. 176, sec. 1, p. 827.]
Idaho Code § 54-313 — Idaho Code / Title 54 / Chapter 3 / Section 54-313
54-313 FEES.
Status: in_force

54-313. fees. (1) The board shall establish by rule the following fees for licensure under the provisions of this chapter:

(a) An application fee;

(b) A license fee;

(c) An endorsement license fee;

(d) A temporary license fee;

(e) An annual renewal fee; and

(f) A reinstatement fee as provided in section 67-2614, Idaho Code.

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

History:

[54-313, added 2018, ch. 129, sec. 2, p. 275; am. 2021, ch. 224, sec. 34, p. 672.]
Idaho Code § 54-4119 — Idaho Code / Title 54 / Chapter 41 / Section 54-4119
54-4119 PENALTY FOR VIOLATION.
Status: in_force

54-4119. Penalty for violation. Any person who acts as or holds himself out to be, a state licensed or certified residential or state certified general real estate appraiser within the meaning of this chapter without first obtaining a license or certificate as provided herein, may be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment in the discretion of the court.

History:

[54-4119, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 16, p. 291; am. 2026, ch. 221, sec. 96, p. 977.]
Idaho Code § 54-2224 — Idaho Code / Title 54 / Chapter 22 / Section 54-2224
54-2224 DISPOSITION OF RECEIPTS — EXPENSES.
Status: in_force

54-2224. Disposition of receipts — Expenses. All moneys received pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All expenses incurred pursuant to the provisions of this chapter shall be paid from the occupational licenses fund.

History:

[54-2224, added 2006, ch. 116, sec. 21, p. 327.]
Idaho Code § 54-2815 — Idaho Code / Title 54 / Chapter 28 / Section 54-2815
54-2815 CERTIFICATE OF REGISTRATION — CERTIFICATE FEE — SIGNING OF WORK — SEAL — INVALID AFFIXATIONS UNLAWFUL.
Status: in_force

54-2815. Certificate of registration — Certificate fee — Signing of work — Seal — Invalid affixations unlawful. The board shall issue a certificate of registration upon payment of a certificate fee as set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. Certificates of registration shall show the full name of the registrant, shall give a serial number, and shall be signed by the chairman of the board.

The issuance of a certificate of registration by the board shall be prima facie evidence that the person named thereon is entitled to all the rights and privileges of a registered professional geologist, while the certificate remains current and in good standing.

All drawings, specifications, reports, or other geologic papers or documents involving geologic work as defined in section 54-2802, Idaho Code, which shall have been prepared or approved by a registered geologist or prepared by a subordinate employee under the direction of a registered geologist, for the use of or for delivery to any person or for public record within this state shall be signed by the geologist or be impressed with an authorized seal or the seal of a nonresident practicing under the provisions of section 54-2822, Idaho Code, either of which shall indicate responsibility for the papers or documents.

Each registrant hereunder may, upon registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "registered professional geologist."

It shall be unlawful for any person to affix a signature, stamp or seal to any document, after the certificate of the registrant named thereon has expired or been suspended or revoked, unless said certificate shall have been renewed, reinstated, or reissued.

History:

[54-2815, added 1971, ch. 137, sec. 15, p. 576; am. 2002, ch. 266, sec. 13, p. 794; am. 2008, ch. 249, sec. 8, p. 734.]
Idaho Code § 54-2041 — Idaho Code / Title 54 / Chapter 20 / Section 54-2041
54-2041 TRUST ACCOUNTS AND ENTRUSTED PROPERTY.
Status: in_force

54-2041. Trust accounts and entrusted property. (1) A licensed Idaho real estate broker shall be responsible for all moneys or property entrusted to that broker or to any licensee representing the broker. For purposes of this section, moneys or property shall not be considered entrusted to the broker or to any licensee representing the broker when the parties to the transaction have instructed the broker or its licensees, in writing, to transfer such moneys or property to a third party, including, but not limited to, a title, an escrow or a trust company if upon transfer, the broker or its licensees have no right to exercise control over the safekeeping or disposition of said moneys or property.

(2) Unless otherwise instructed by the parties in writing to deposit entrusted moneys on a later day, immediately upon receipt, the broker shall deposit entrusted moneys in a neutral, qualified trust fund account pursuant to section 54-2042, Idaho Code, and shall properly care for any entrusted property.

(3) Only moneys relating to a regulated real estate transaction may be deposited in the broker's real estate trust fund account. Entrusted moneys shall not be commingled with moneys of the broker, firm or agent, except for that minimum amount that may be required to open and maintain the trust account or as otherwise allowed by subsection (7) of section 54-2042, Idaho Code.

(4) A licensed real estate broker shall not be responsible for depositing moneys into the broker's real estate trust account, nor responsible for creating a real estate trust account with an approved depository as set forth in section 54-2042, Idaho Code, when the parties to the transaction have instructed the broker or its licensees, in writing, to transfer such moneys to a third party, including, but not limited to, a title, an escrow or a trust company. Provided however, a broker shall be responsible for maintaining a record of the time and date that said moneys or property was transferred from the broker to a third party.

(5) The real estate broker shall remain fully responsible and accountable for all entrusted moneys and property until a full accounting has been given to the parties involved.

History:

[54-2041, added 2000, ch. 285, sec. 3, p. 933; am. 2001, ch. 123, sec. 16, p. 436; am. 2002, ch. 220, sec. 9, p. 617; am. 2005, ch. 107, sec. 12, p. 352; am. 2009, ch. 134, sec. 1, p. 415.]
Idaho Code § 54-2408 — Idaho Code / Title 54 / Chapter 24 / Section 54-2408
54-2408 LICENSES — RECORDS.
Status: in_force

54-2408. Licenses — Records. (1) The division of occupational and professional licenses shall, upon the approval of the board and subject to the provisions of this chapter, register and issue licenses to persons who have been approved by the board in accordance with this chapter. The licenses shall bear on their face the seal of the state and the signature of the division administrator of the division of occupational and professional licenses and will be effective until the next birthday of the individual being certified. Licenses so issued shall be renewed in accordance with section 67-2614, Idaho Code. The provisions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this chapter.

(2) The board shall keep and the division shall maintain a record of board proceedings and a register of all applications that show:

(a) The name, age, social security number and residency of each applicant;

(b) The date of application;

(c) The place of business of such applicant;

(d) The educational and other qualifications of each applicant;

(e) Whether or not an examination was required;

(f) Whether the applicant was rejected;

(g) Whether a license was issued;

(h) The dates of the action by the board;

(i) Compliance with continuing education requirements; and

(j) Such other information as may be deemed necessary by the board.

History:

[54-2408, added 2004, ch. 335, sec. 1, p. 999; am. 2022, ch. 94, sec. 37, p. 307; am. 2025, ch. 104, sec. 10, p. 556.]
Idaho Code § 54-5806 — Idaho Code / Title 54 / Chapter 58 / Section 54-5806
54-5806 BOARD — ORGANIZATION AND MEETINGS.
Status: in_force

54-5806. BOARD — ORGANIZATION AND MEETINGS. (1) There is hereby established in the division of occupational and professional licenses the barber and cosmetology services licensing board.

(2) The board shall consist of seven (7) members, two (2) of whom shall be licensed cosmetologists, two (2) of whom shall be licensed barbers or barber-stylists, one (1) of whom shall be a licensed electrologist or esthetician, one (1) of whom shall be a currently active school representative and one (1) of whom shall be a member of the public who does not hold a license issued under this chapter. All board members shall be residents of this state.

(3) Initial appointments to the board by the governor shall begin on July 1, 2018, and be for the following terms: two (2) members whose terms shall expire on July 1, 2019; two (2) members whose terms shall expire on July 1, 2020; and three (3) members whose terms shall expire on July 1, 2021.

(4) After their initial appointment, board members shall be appointed for a term of three (3) years by the governor. All board members shall serve at the pleasure of the governor.

(5) In the event of the death, resignation or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.

(6) The board shall meet annually and at such times as deemed necessary and advisable by the chair of the board, by a majority of the board's members or by the governor. Four (4) members of the board shall constitute a quorum, provided at least one (1) board member of the relevant profession is present when any board action is taken that affects the profession, its licensees or its applicants. The board may act by virtue of a majority vote of members present in which a quorum is present.

(7) Members of the board shall be reimbursed for expenses as provided in section 59-509(n), Idaho Code.

History:

[54-5806, added 2018, ch. 228, sec. 3, p. 524; am. 2020, ch. 182, sec. 4, p. 562; am. 2021, ch. 222, sec. 42, p. 653.]
Idaho Code § 54-4509 — Idaho Code / Title 54 / Chapter 45 / Section 54-4509
54-4509 CERTIFICATES OF AUTHORITY FOR FIRMS.
Status: in_force

54-4509. Certificates of authority for firms. (1) No firm shall provide or hold itself out as providing construction management services unless it has a certificate of authority issued by the administrator. If one (1) or more principals or employees of a firm are licensed construction managers, the firm may apply to the administrator for a certificate of authority to provide and hold itself out as providing construction management services. An application for a certificate of authority shall:

(a) Designate the licensed construction manager or managers, who are principals or employees of the firm, specified to be in responsible charge of construction management services provided by the firm;

(b) Be accompanied by a statement signed by such licensed construction manager or managers accepting the responsibility and duty to provide construction management services for the firm; and

(c) Contain such other information as the administrator reasonably may require.

If the administrator concludes that the construction manager or managers designated by the firm is or are licensed in good standing and that the firm meets such other criteria reasonably established by the board, he shall issue a certificate of authority to the firm authorizing it to provide and hold itself out as providing construction management services.

(2) If the construction manager or managers designated by the firm cease to be licensed or to be principals or employees of the firm, the firm shall immediately notify the administrator in writing and shall cease to hold itself out as qualified to offer construction management services. Upon receiving such notification, the administrator shall suspend the firm's certificate of authority. If the firm is in the process of providing construction management services when its designated licensed construction manager becomes unable to provide those services, the firm shall complete the construction management services for the project by using the services of another licensed construction manager who need not be a principal or employee of the firm. The firm shall not provide or hold itself out as providing construction management services for other projects until the administrator has reinstated the firm's certificate of authority which the administrator shall do if the firm submits an application for reinstatement of its certificate of authority, which shall contain the information required for an original application together with such other information as the administrator reasonably may require, and the administrator finds such application to be satisfactory and complete.

History:

[54-4509, added 1998, ch. 410, sec. 1, p. 1270; am. 2017, ch. 122, sec. 7, p. 290.]
Idaho Code § 54-5204 — Idaho Code / Title 54 / Chapter 52 / Section 54-5204
54-5204 REGISTRATION REQUIRED.
Status: in_force

54-5204. Registration required. (1) On and after January 1, 2006, it shall be unlawful for any person to engage in the business of, or hold himself out as, a contractor within this state without being registered as required in this chapter.

(2) It shall be unlawful for a contractor to engage any other contractor who is required by this chapter to be registered as a contractor unless such other contractor furnishes satisfactory proof to the contractor that he is duly registered under the provisions of this chapter.

(3) Any person who engages in the business or acts in the capacity of a contractor, whether or not duly registered, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the Idaho contractors board, and shall be subject to all penalties and remedies available under Idaho law for any violation of this chapter.

History:

[54-5204, added 2005, ch. 153, sec. 1, p. 472.]
Idaho Code § 54-2026 — Idaho Code / Title 54 / Chapter 20 / Section 54-2026
54-2026 CERTIFICATION OF COURSE PROVIDERS.
Status: in_force

54-2026. Certification of course providers. (1) Degree-granting institutions. Degree-granting, accredited colleges and universities in any state or jurisdiction shall be deemed to be approved course providers in Idaho. However, course content must still be approved for the real estate education course to receive credit toward prelicense or continuing education licensing requirements in Idaho.

(2) Other course providers. All other course providers desiring to offer real estate courses for credit toward Idaho prelicense or continuing education requirements must first meet the following qualifications and receive certification. Each applicant seeking certification as a course provider shall comply with the following:

(a) File an application for certification in the form and manner required by the commission, along with proper fees, at least two (2) months prior to contemplated date of opening or first accredited course offering;

(b) Designate a "director" or "individual in charge," who shall be responsible for the course provider's operation and its real estate courses, and with whom the commission may communicate. Unless this requirement is waived upon special review of the commission in the manner stated below, the individual in charge shall:

(i) Not have had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons or have been refused a renewal of a license issued by the state of Idaho or any other state or jurisdiction;

(ii) Not have been convicted, issued any fine, placed on probation, received a withheld judgment, or completed any sentence of confinement for or on account of any felony or a misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing in a court of proper jurisdiction; and

(iii) Have attended a commission-approved provider training within the two (2) years immediately preceding the designation.

The failure of the provider to have in place a designated individual meeting the qualifications required by this subsection shall be grounds for the commission to withdraw or cancel the provider's certificate as provided in section 54-2025(3), Idaho Code;

(c) File a properly executed "irrevocable consent to service of process" in the manner and form prescribed by the commission and in substantial accordance with section 54-2012(1)(k), Idaho Code. The commission, in its discretion, may make such additional investigation and inquiry relative to the applicant for provider certification as it deems advisable and, if good cause exists, may deny or accept the application for certification.

History:

[54-2026, added 2000, ch. 285, sec. 3, p. 925; am. 2003, ch. 66, sec. 4, p. 224; am. 2004, ch. 120, sec. 3, p. 407; am. 2010, ch. 212, sec. 3, p. 460; am. 2014, ch. 42, sec. 5, p. 104.]
Idaho Code § 54-2223 — Idaho Code / Title 54 / Chapter 22 / Section 54-2223
54-2223 UNLAWFUL PRACTICE — FINES AND PENALTIES.
Status: in_force

54-2223. Unlawful practice — Fines and penalties. (1) It shall be unlawful for any person to practice or offer to practice physical therapy in this state, or to use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is a physical therapist or a physical therapist assistant, unless such person has been licensed under the provisions of this chapter.

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

(3) A violation of the provisions of this chapter shall constitute a misdemeanor, and any person convicted thereof shall be fined an amount not to exceed one thousand dollars ($1,000). A second conviction for a violation of any provision of this chapter shall also constitute a misdemeanor, and a person convicted of a second violation of this chapter shall be imprisoned in a county jail for a period not to exceed six (6) months, or shall be fined an amount not to exceed five thousand dollars ($5,000), or shall be punished by both such fine and imprisonment. Any third or more conviction for a violation of any provision of this chapter shall constitute a felony, and a person convicted of a third or more violation of this chapter shall be imprisoned in the state prison for a period not to exceed three (3) years, or shall be fined an amount not to exceed ten thousand dollars ($10,000), or shall be punished by both such fine and imprisonment.

History:

[(54-2223) 54-2222, added 2001, ch. 197, sec. 2, p. 675; am. and redesig. 2006, ch. 116, sec. 20, p. 327.]
Idaho Code § 54-4811 — Idaho Code / Title 54 / Chapter 48 / Section 54-4811
54-4811 NOTICE TO EDUCATIONAL INSTITUTION.
Status: in_force

54-4811. NOTICE TO EDUCATIONAL INSTITUTION. (1) As used in this section, "communicating or attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.

(2) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

(3) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

(4) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known that the athlete enrolled.

(5) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the enrollment and:

(a) The relationship was motivated in whole or in part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

(b) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

(6) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

(a) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or

(b) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

(7) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten (10) days after the communication or attempt.

(8) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.

History:

[54-4811, added 2016, ch. 201, sec. 2, p. 569; am. 2020, ch. 105, sec. 10, p. 284.]
Idaho Code § 54-5312 — Idaho Code / Title 54 / Chapter 53 / Section 54-5312
54-5312 CLASSIFICATIONS OF LICENSES.
Status: in_force

54-5312. Classifications of licenses. For the purpose of administering the provisions of this chapter, the board may issue licenses in such types and classifications as may be necessary and as determined by board rule. Such license types may include, but not be limited to:

(1) An LPG dealer;

(2) An LPG facility;

(3) Any other licenses for persons, businesses or facilities engaged in activities regulated under this chapter that the board determines require a license and are not otherwise exempt under the provisions of this chapter.

History:

[(54-5312) 54-5112, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 19, p. 58.]
Idaho Code § 54-1140 — Idaho Code / Title 54 / Chapter 11 / Section 54-1140
54-1140 PERSON'S DIRECTIONS TO BE FOLLOWED — EXCEPTION.
Status: in_force

54-1140. Person's directions to be followed — Exception. Unless a compelling public interest makes it impossible to comply with a person's direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.

History:

[54-1140, added 1994, ch. 423, sec. 2, p. 1330.]
Idaho Code § 54-3107 — Idaho Code / Title 54 / Chapter 31 / Section 54-3107
54-3107 POWERS AND DUTIES.
Status: in_force

54-3107. Powers and duties. The state certified shorthand reporters board shall have the following powers and duties:

(1) To determine the qualifications of persons applying for certificates and the renewal of a certificate under this chapter.

(2) To prescribe, administer, and approve examination of applicants applying for certificates under this chapter, including examinations that are administered electronically or online.

(3) To collect the fees and charges prescribed by this chapter.

(4) To execute and issue temporary permits and certified shorthand reporter certificates under the conditions prescribed in this chapter.

(5) To refuse to issue, refuse to renew, revoke or suspend or otherwise discipline any certificate or permit upon the grounds and in the manner prescribed by this chapter.

(6) To make rules to carry out the intent and purposes of this chapter.

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

History:

[54-3107, added 1974, ch. 110, sec. 8, p. 1255; am. 2008, ch. 68, sec. 7, p. 178; am. 2019, ch. 47, sec. 1, p. 128; am. 2022, ch. 94, sec. 43, p. 311.]
Idaho Code § 54-707A — Idaho Code / Title 54 / Chapter 7 / Section 54-707A
54-707A FEES.
Status: in_force

54-707A. fees. (1) The board shall establish by rule fees for licensure under the provisions of this chapter, including but not limited to the following:

(a) Application fee not to exceed two hundred fifty dollars ($250);

(b) Initial license fee not to exceed two hundred fifty dollars ($250);

(c) Endorsement license fee not to exceed two hundred fifty dollars ($250);

(d) Renewal of license fee not to exceed five hundred dollars ($500);

(e) Inactive license fee not to exceed one hundred fifty dollars ($150);

(f) Temporary permit fee not to exceed one hundred fifty dollars ($150);

(g) Intern permit fee not to exceed one hundred fifty dollars ($150);

(h) Continuing education provider application fee not to exceed five hundred dollars ($500); and

(i) Clinical nutrition certification fee not to exceed two hundred fifty dollars ($250).

(2) Fees charged pursuant to paragraphs (b), (c), (f), (g), and (i) of subsection (1) of this section shall be in addition to the application fee.

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

History:

[54-707A, added 2017, ch. 26, sec. 1, p. 47; added 2017, ch. 190, sec. 5, p. 435; amended 2025, ch. 104, sec. 5, p. 553.]
Idaho Code § 54-3903 — Idaho Code / Title 54 / Chapter 39 / Section 54-3903
54-3903 SCOPE OF PRACTICE.
Status: in_force

54-3903. Scope of practice. The scope of practice of athletic trainers under the direction of a designated Idaho licensed physician or a designated Idaho licensed chiropractic physician, includes:

(1) Prevention of athletic injuries by designing and implementing physical conditioning programs, performing preparticipation screenings, fitting protective equipment, designing and constructing protective products and continuously monitoring changes in the environment.

(2) Recognition and evaluation of athletic injuries by obtaining a history of the injury, individual inspection of the injured body part and associated structures and palpation of bony landmarks and soft tissue structures. Immediate care of athletic injuries may require initiation of cardiopulmonary resuscitation, administration of basic or advanced first aid, removal of athletic equipment, immobilization and transportation of the injured athlete. Concurrent with athletic training service plans or protocols, the athletic trainer will determine if the athlete may return to participation or, if the injury requires further definitive care, the athletic trainer will refer the injured athlete to the appropriate directing physician.

(3) Rehabilitation and reconditioning of athletic injuries by administering therapeutic exercise and physical modalities including cryotherapy, thermotherapy, and intermittent compression or mechanical devices as directed by established, written athletic training service plans or protocols or upon the order of the directing physician.

(4) Athletic training services administration includes implementing athletic training service plans or protocols, writing organizational policies and procedures, complying with governmental and institutional standards and maintaining records to document services rendered.

(5) Education of athletes to facilitate physical conditioning and reconditioning by designing and implementing appropriate programs to minimize the risk of injury.

(6) The scope of practice excludes any independent practice of athletic training by an athletic trainer. An athlete with an athletic injury not incurred in association with an educational institution, professional, amateur or recreational sports club or organization shall be referred by a directing physician, but only after such directing physician has first evaluated the athlete and referred such athlete to the athletic trainer.

History:

[54-3903, added 2003, ch. 261, sec. 2, p. 688; am. 2024, ch. 61, sec. 12, p. 295.]
Idaho Code § 54-4134 — Idaho Code / Title 54 / Chapter 41 / Section 54-4134
54-4134 FEDERAL REGISTRY REQUIREMENTS.
Status: in_force

54-4134. federal registry requirements. (1) The board shall collect from each AMC registered or seeking to be registered in this state the information that the appraisal subcommittee requires to be submitted to it by the state pursuant to regulations or guidance promulgated by the appraisal subcommittee.

(2) A federally regulated AMC operating in this state shall report to the board the information required to be submitted by the state to the appraisal subcommittee, pursuant to the appraisal subcommittee's policies regarding the determination of the AMC national registry fee. These reports shall include:

(a) A report to the board in a form prescribed by the board of the intent of the federally regulated AMC to operate in this state;

(b) Information related to whether the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for a substantive cause, as determined by the appraisal subcommittee; and

(c) If such person has had such action taken on his appraisal license, the board shall collect information related to whether the license was revoked for a substantive cause and if it has been reinstated by the state or states in which the appraiser was licensed.

History:

[54-4134, added 2016, ch. 131, sec. 1, p. 395.]
Idaho Code § 54-4507 — Idaho Code / Title 54 / Chapter 45 / Section 54-4507
54-4507 LICENSE RENEWAL.
Status: in_force

54-4507. License renewal. (1) Each construction management license issued under the terms of this chapter shall expire and become invalid one (1) year after issuance unless renewed in the manner prescribed by the board.

(2) Upon application, the administrator may grant inactive status to the holder of a license who is no longer actively providing construction management services.

(3) The board may provide for reinstatement of an expired or inactive license upon such terms as it may determine by rule.

History:

[54-4507, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 5, p. 289.]
Idaho Code § 54-2079 — Idaho Code / Title 54 / Chapter 20 / Section 54-2079
54-2079 TERMINATION OF SALES ASSOCIATE FOR VIOLATION OF DISCIPLINARY PROVISIONS — STATEMENT TO BE FILED WITH COMMISSION.
Status: in_force

54-2079. Termination of sales associate for violation of disciplinary provisions — Statement to be filed with commission. Whenever a real estate broker terminates a sales associate for a violation of any of the provisions of sections 54-2060 through 54-2062, Idaho Code, the broker shall promptly file a written statement of the facts in reference thereto with the commission.

History:

[54-2079, added 2000, ch. 285, sec. 3, p. 952; am. 2002, ch. 220, sec. 12, p. 621.]
Idaho Code § 54-1523 — Idaho Code / Title 54 / Chapter 15 / Section 54-1523
54-1523 FEES.
Status: in_force

54-1523. Fees. Each applicant for examination or reexamination after failure in a former examination shall remit a fee as established by board regulation not to exceed two hundred fifty dollars ($250) with each application to the board.

History:

[54-1523, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 135, p. 138; am. 1980, ch. 94, sec. 1, p. 204.]
Idaho Code § 54-4512 — Idaho Code / Title 54 / Chapter 45 / Section 54-4512
54-4512 REQUIREMENT OF BOND.
Status: in_force

54-4512. Requirement of bond. A licensed construction manager representative or firm providing public works construction management services shall be required to post a payment and performance bond or bonds in the amount of the total construction management contract to secure the construction manager's obligations thereunder. A construction manager/general contractor shall provide payment and performance bonds to secure construction of the project in the amounts required in section 54-1926, Idaho Code.

History:

[54-4512, added 1998, ch. 410, sec. 1, p. 1272; am. 2014, ch. 132, sec. 3, p. 369.]
Idaho Code § 54-3303 — Idaho Code / Title 54 / Chapter 33 / Section 54-3303
54-3303 EXCEPTIONS.
Status: in_force

54-3303. Exceptions. The prohibitions of this chapter do not apply to:

(1) A person interning under the supervision of a denturist;

(2) The practice of dentistry or medicine by persons authorized to do so by this state;

(3) A student of denture technology in pursuit of clinical studies under an approved school program; or

(4) A denture technician, as defined by board rule, performing services under the direction of a licensed denturist or licensed dentist when the service does not involve contact with the intended user.

History:

[54-3303, added 2026, ch. 298, sec. 9, p. 1228.]
Idaho Code § 54-1729A — Idaho Code / Title 54 / Chapter 17 / Section 54-1729A
54-1729A WHOLESALE DRUG DISTRIBUTOR — LICENSURE.
Status: in_force

54-1729A. WHOLESALE DRUG DISTRIBUTOR — LICENSURE. (1) In addition to meeting federal requirements, every business entity that engages in the wholesale distribution of prescription drugs, durable medical equipment, or pseudoephedrine products in or into Idaho shall be licensed by the board as a wholesale distributor, except:

(a) Manufacturers distributing their own federal food and drug administration-approved drugs and devices, including distribution of prescription drug samples by manufacturers' representatives and intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transfer between colicensees of a colicensed product;

(b) An entity that donates prescription drugs, when conducted in accordance with sections 54-1760 through 54-1765, Idaho Code;

(c) A pharmacy distributing in accordance with section 54-1732, Idaho Code; and

(d) Persons selling, purchasing, distributing, trading, or transferring a prescription drug for emergency medical reasons.

(2) The board shall not issue a wholesale distributor license to an applicant unless the board determines that the designated representative meets the following qualifications:

(a) Is actively involved in and aware of the actual daily operation of the wholesale distributor;

(b) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including but not limited to sick leave and vacation leave; and

(c) Has disclosed under oath any felony convictions, any conviction of the applicant related to wholesale or retail prescription drug distribution, or any discipline by a state regulatory agency related to wholesale or retail prescription drug distribution.

(3) All applicant-designated representatives shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.

(4) A wholesale distributor shall have adequate processes in place for monitoring purchase activity of customers and identifying suspicious ordering patterns that indicate potential diversion or criminal activity related to controlled substances such as orders of unusual size, orders deviating substantially from a normal pattern, orders for drugs that are outside of the prescriber's scope of practice, or orders of unusual frequency.

(5) The board shall recognize a wholesaler's accreditation by the national association of boards of pharmacy for purposes of reciprocity and satisfying the new drug outlet inspection required by this chapter.

History:

[54-1729A, added 2021, ch. 54, sec. 19, p. 175; am. 2024, ch. 101, sec. 3, p. 448; am. 2025, ch. 93, sec. 23, p. 427.]
Idaho Code § 54-2006 — Idaho Code / Title 54 / Chapter 20 / Section 54-2006
54-2006 QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION.
Status: in_force

54-2006. Qualifications of commissioners — term and organization. (1) Four (4) members of the commission shall be actively licensed Idaho-designated real estate brokers or associate brokers who have had at least five (5) years' active license experience as a designated broker or associate broker in the real estate business in Idaho. One (1) member shall be a member of the public from the state at large with an interest in the rights of consumers of real estate services.

(2) Each regular appointment, other than an appointment to fill an unexpired term, shall commence on July 1 of the year of appointment and be for a term of four (4) years. Each commissioner shall hold office until a qualified successor is appointed. Upon the death, resignation or removal of any member of the commission, the governor shall appoint a qualified person to fill out the unexpired term.

(3) Each year, the commission shall call a meeting and elect a chair, a vice chair, and a commissioner to serve on the Idaho real estate education council. Thereafter, the chair may call meetings of the commission whenever he or she deems it advisable, but if the chair refuses to call a meeting upon written demand of a quorum of the commission, then such members may call the meeting.

History:

[54-2006, added 2000, ch. 285, sec. 3, p. 914; am. 2016, ch. 340, sec. 25, p. 945; am. 2020, ch. 87, sec. 1, p. 233; am. 2021, ch. 221, sec. 9, p. 613.]
Idaho Code § 54-2086 — Idaho Code / Title 54 / Chapter 20 / Section 54-2086
54-2086 DUTIES TO A CUSTOMER.
Status: in_force

54-2086. Duties to a customer. (1) If a buyer, prospective buyer, or seller is not represented by a brokerage in a regulated real estate transaction, that buyer or seller remains a customer, and as such, the brokerage and its licensees are nonagents and owe the following legal duties and obligations:

(a) To perform ministerial acts to assist the buyer or seller in the sale or purchase of real estate;

(b) To perform these acts with honesty, good faith, reasonable skill and care;

(c) To properly account for moneys or property placed in the care and responsibility of the brokerage;

(d) To disclose to the buyer/customer all adverse material facts actually known or which reasonably should have been known by the licensee;

(e) To disclose to the seller/customer all adverse material facts actually known or which reasonably should have been known by the licensee.

(2) If a customer has entered into a compensation agreement or customer services agreement with the brokerage, the brokerage shall have the obligation to be available to the customer to receive and timely present all written offers and counteroffers.

(3) The duties set forth in this section are mandatory and may not be waived or abrogated, either unilaterally or by agreement.

(4) Nothing in this section prohibits a brokerage from charging a separate fee or commission for each service provided to the customer in the transaction.

(5) A nonagent brokerage and its licensees owe no duty to a buyer/customer to conduct an independent inspection of the property for the benefit of that buyer/customer and owe no duty to independently verify the accuracy or completeness of any statement or representation made by the seller or any source reasonably believed by the licensee to be reliable.

(6) A nonagent brokerage and its licensees owe no duty to a seller/customer to conduct an independent investigation of the buyer's financial condition for the benefit of that seller/customer and owe no duty to independently verify the accuracy or completeness of statements made by the buyer or any source reasonably believed by the licensee to be reliable.

History:

[(54-2086) 54-2064, added 1996, ch. 250, sec. 1, p. 788; am. and redesignated 2000, ch. 285, sec. 8, p. 955; am. 2007, ch. 150, sec. 2, p. 458.]
Idaho Code § 54-1612 — Idaho Code / Title 54 / Chapter 16 / Section 54-1612
54-1612 ADMINISTRATORS-IN-TRAINING — EXAMINATIONS AFTER ONE THOUSAND HOURS — REPORTS — EXCEPTIONS.
Status: in_force

54-1612. ADMINISTRATORS-IN-TRAINING — EXAMINATIONS AFTER ONE THOUSAND HOURS — REPORTS — EXCEPTIONS. (1) Every applicant for a nursing home administrator license who shall have otherwise qualified under the provisions of section 54-1606, Idaho Code, except as provided for in this section, shall serve for one thousand (1,000) hours under the direct supervision of a duly licensed nursing home administrator in accordance with the rules of the board. Upon completion of the one thousand (1,000) hour training period, the applicant shall be eligible to take the nursing home administrator examination. An administrator-in-training program shall not exceed a period of two (2) years, except as approved by the board for good cause.

(2) The nursing home administrator-in-training shall submit reports on forms provided by the board.

(3) This section shall not apply to individuals with:

(a) A master's degree in health care administration related to long-term care from an accredited institution; or

(b) A master's degree from an accredited institution that includes an emphasis on health care and one (1) year of management experience in an inpatient health care facility.

(4) Nursing home administrators-in-training shall register the fact of such training with the board in accordance with the rules and on forms provided by the board.

(5) An applicant may begin the one thousand (1,000) hour training period as a nursing home administrator-in-training prior to completion of a baccalaureate degree.

History:

[54-1612, added 2025, ch. 98, sec. 3, p. 536.]
Idaho Code § 54-3714 — Idaho Code / Title 54 / Chapter 37 / Section 54-3714
54-3714 LICENSURE BOARD.
Status: in_force

54-3714. Licensure board. (1) There is hereby created in the division of occupational and professional licenses the occupational therapy licensure board of Idaho.

(2) The occupational therapy licensure board of Idaho shall consist of five (5) members who shall be appointed by and serve at the pleasure of the governor, three (3) of whom shall be occupational therapists, one (1) of whom shall be an occupational therapy assistant, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of occupational therapy services. All members of the board shall be residents of Idaho. The governor may consider recommendations for appointment to the board from the association and from any individual residing in this state. The persons appointed to the licensure board who are required to be licensed under this chapter shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five (5) years immediately preceding their appointments and shall at all times be holders of a valid license and be in good standing without restriction upon such license.

(3) Appointments shall be for three (3) year terms, but no person shall be appointed to serve more than two (2) consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed.

(4) The licensure board shall annually hold a meeting and elect a chairman who shall preside at meetings of the licensure board. In the event the chairman is not present at any licensure board meeting, the licensure board may by majority vote of the members present appoint a temporary chairman. A majority of the members of the licensure board shall constitute a quorum. Other meetings may be convened at the call of the chairman or the written request of any two (2) licensure board members.

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

History:

[(54-3714) 54-3713, added 1987, ch. 69, sec. 1, p. 127; am. and redesig. 2009, ch. 222, sec. 14, p. 698; am. 2010, ch. 106, sec. 1, p. 216; am. 2016, ch. 340, sec. 39, p. 958; am. 2018, ch. 51, sec. 4, p. 135; am. 2021, ch. 222, sec. 31, p. 645.]
Idaho Code § 54-2112 — Idaho Code / Title 54 / Chapter 21 / Section 54-2112
54-2112 EXPIRATION OF LICENSE OR CERTIFICATION — NOTICE — RENEWAL — INACTIVE STATUS.
Status: in_force

54-2112. Expiration of license or certification — Notice — Renewal — Inactive status. (1) All licenses and certifications shall expire biennially on the birthday of the licensee unless renewed in a timely manner by submission of the renewal form prescribed by the board, by proof of completion of the appropriate hours of continuing education, by paying the renewal fee, and by meeting other requirements as defined in the rules of the board.

(2) An expired license or certification may be reinstated by paying the established late fee and renewal fee and by fulfilling the other requirements of this section.

(3) An expired license or certification not reinstated prior to thirty (30) days after it has expired will lapse. Individuals whose licenses or certifications have lapsed must submit an application to the board as if for a new license or certification.

(4) Once a license or certification has expired or lapsed, the person or agency may not practice veterinary medicine or veterinary technology or function as a certified euthanasia technician or agency until the license or certification has been reinstated or until the person or agency has applied for and received a new license or certification.

(5) Any veterinarian licensed in Idaho or veterinary technician certified in Idaho who advises the board, in writing, that the veterinarian or veterinary technician wishes to remain licensed or certified in this state but does not intend to actively practice veterinary medicine or veterinary technology in the state of Idaho and therefore does not intend to meet the licensing or certification requirements for an active license or certification shall be transferred from active to inactive status and shall be required to pay inactive status fees as prescribed in the rules of the board. Any person may transfer from inactive to active status by making written application for reinstatement to active status, providing adequate proof of continued competence if requested by the board, by paying all required fees, and by meeting other requirements for reinstatement as defined in the rules of the board.

History:

[54-2112, added 1971, ch. 173, sec. 11, p. 812; am. 1974, ch. 13, sec. 154, p. 138; am. 1983, ch. 139, sec. 12, p. 343; 1990, am. and redesig. ch. 111, sec. 11, p. 231; am. 1993, ch. 72, sec. 6, p. 193; am. 1995, ch. 62, sec. 7, p. 153; am. 2000, ch. 122, sec. 7, p. 284; am. 2001, ch. 149, sec. 7, p. 540; am. 2007, ch. 54, sec. 3, p. 135; am. 2015, ch. 100, sec. 1, p. 241; am. 2021, ch. 40, sec. 11, p. 106; am. 2024, ch. 86, sec. 18, p. 403.]
Idaho Code § 54-3104 — Idaho Code / Title 54 / Chapter 31 / Section 54-3104
54-3104 EXCEPTIONS TO CERTIFICATION REQUIREMENT.
Status: in_force

54-3104. Exceptions to certification requirement. The provisions of this chapter shall not apply to and shall not be construed to prohibit:

(1) The appointment of a state district court reporter who is not a certified shorthand reporter on a temporary basis in accordance with and upon condition as the supreme court may prescribe by rule. Provided, in the event a person who has not obtained regular certification as a certified shorthand reporter is appointed as district court reporter, such reporter must make application for regular certification under this chapter within thirty (30) days of such appointment. If the reporter fails to obtain regular certification as a certified shorthand reporter by the second subsequent consecutive examination date by reason of his failure to pass the necessary examination, or otherwise, then such person shall be removed as district court reporter and shall not be eligible for reappointment until successfully obtaining a regular certificate as a certified shorthand reporter under this chapter.

(2) The employment and reporting of personnel in the magistrates division of any district court of the state who rely principally upon electronic tape recorders, stenomask, or similar mechanical contrivances to make a record of a hearing, trial or proceeding.

(3) The taking of an oral deposition by shorthand reporting by a person not a certified shorthand reporter if the party to the action or such party's attorney certifies at the commencement of the deposition that no certified shorthand reporter was available for reporting the deposition.

(4) The employment of salaried, full-time employees of a prosecuting attorney or of any department or agency of the state to act as a hearing reporter for such official, department or agency.

History:

[54-3104, added 1974, ch. 110, sec. 5, p. 1255; am. 2007, ch. 3, sec. 1, p. 4; am. 2008, ch. 68, sec. 4, p. 177.]
Idaho Code § 54-3709 — Idaho Code / Title 54 / Chapter 37 / Section 54-3709
54-3709 WAIVER OF REQUIREMENTS — LICENSE ENDORSEMENT.
Status: in_force

54-3709. Waiver of requirements — License endorsement. The licensure board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter.

History:

[(54-3709) 54-3708, added 1987, ch. 69, sec. 1, p. 126; am. and redesig. 2009, ch. 222, sec. 9, p. 696; am. 2018, ch. 51, sec. 3, p. 134.]
Idaho Code § 54-1917 — Idaho Code / Title 54 / Chapter 19 / Section 54-1917
54-1917 RENEWAL OF SUSPENDED OR REVOKED LICENSE.
Status: in_force

54-1917. Renewal of suspended or revoked license. After suspension or revocation of the license upon any of the grounds set forth in this chapter, the administrator may renew the license upon proof of compliance by the contractor with all provisions of the decision as to renewal or, in the absence of such decision or any provisions therein as to renewal, in the sound discretion of the administrator. After revocation of a license upon any of the grounds set forth in this chapter, the license shall not be renewed or reissued within a period of one (1) year after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with. At any time before a case is finally submitted to the board for decision, whether upon an original hearing, or upon a rehearing, a complaint or answer may, upon the motion of either party, and with the consent of the board, or upon the board's own motion, be amended. If new charges are alleged in an amended complaint, the defendant may, upon request, be allowed ten (10) days to prepare his defense to such new charges.

History:

[54-1917, added 1941, ch. 115, sec. 17, p. 212; am. 2001, ch. 300, sec. 15, p. 1097.]
Idaho Code § 54-5201 — Idaho Code / Title 54 / Chapter 52 / Section 54-5201
54-5201 SHORT TITLE.
Status: in_force

54-5201. Short title. This chapter shall be known and may be cited as the "Idaho Contractor Registration Act."

History:

[54-5201, added 2005, ch. 153, sec. 1, p. 471.]
Idaho Code § 54-3206 — Idaho Code / Title 54 / Chapter 32 / Section 54-3206
54-3206 LICENSING — QUALIFICATIONS.
Status: in_force

54-3206. Licensing — Qualifications. The board shall issue licenses to qualified applicants who have passed an examination conducted or approved by the board, have not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and meet one (1) of the following:

(1) For a clinical social worker license, possess a master's degree or doctorate in social work and two (2) years of postgraduate supervised clinical experience approved by the board;

(2) For a master social worker license, possess a master's degree or doctorate in social work from a college or university approved by the board; or

(3) For a bachelor social worker license, possess a baccalaureate degree in social work from a college or university approved by the board.

History:

[54-3206, added 1976, ch. 213, sec. 1, p. 779; am. 2010, ch. 161, sec. 2, p. 335; am. 2019, ch. 78, sec. 2, p. 182; am. 2022, ch. 246, sec. 29, p. 807.]
Idaho Code § 54-3601 — Idaho Code / Title 54 / Chapter 36 / Section 54-3601
54-3601 DECLARATION OF POLICY.
Status: in_force

54-3601. Declaration of policy. It is in the best interest of the people of the state of Idaho that the abundant and natural resources of Idaho be protected and fully developed. It is in the public interest to protect the public health, prevent fraudulent practices, provide for the development of markets, production research, and promotion of Idaho grapes and grape by-products. The legislature recognizes the vital contributions of agricultural and tourist industries to the economy of this state and declares the intent of this chapter is to enhance, diversify and develop these industries by encouraging the planting and development of native vineyards and the production of wines made from the grapes, fruits and berries of the state of Idaho.

History:

[54-3601, added 1984, ch. 42, sec. 1, p. 68.]
Idaho Code § 54-1864 — Idaho Code / Title 54 / Chapter 18 / Section 54-1864
54-1864 DISSOLUTION.
Status: in_force

54-1864. dissolution. (1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.

(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect. The business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

History:

[54-1864, added 2015, ch. 105, sec. 1, p. 258.]
Idaho Code § 54-1929 — Idaho Code / Title 54 / Chapter 19 / Section 54-1929
54-1929 ATTORNEY'S FEES ALLOWED.
Status: in_force

54-1929. Attorney's fees allowed. In any action brought upon either of the bonds provided herein, or against the public body failing to obtain the delivery of the payment bond, the prevailing party, upon each separate cause of action, shall recover a reasonable attorney's fee to be taxed as costs.

History:

[54-1929, added 1965, ch. 28, sec. 5, p. 43.]
Idaho Code § 54-305 — Idaho Code / Title 54 / Chapter 3 / Section 54-305
54-305 LICENSE REQUIRED.
Status: in_force

54-305. license required. (1) Every person practicing or offering to practice architecture as defined in this chapter and not otherwise exempted shall have a separate license under his own name. A license shall not be issued in the name of any firm or corporation. No firm or corporation shall offer to practice architecture within Idaho unless such offer specifically identifies an individual architect licensed under the provisions of this chapter who will supervise the architectural services identified in such offer.

(2) The holder of a license shall not maintain in the practice of architecture any person who does not hold a license to practice architecture in this state, unless the unlicensed person works under the responsible control of his licensed supervisor.

History:

[54-305, added 2018, ch. 129, sec. 2, p. 272; am. 2024, ch. 35, sec. 2, p. 237.]
Idaho Code § 54-1855 — Idaho Code / Title 54 / Chapter 18 / Section 54-1855
54-1855 FINANCE POWERS.
Status: in_force

54-1855. finance powers. (1) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding on all member states.

(2) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(3) The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.

(4) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.

History:

[54-1855, added 2015, ch. 105, sec. 1, p. 255.]
Idaho Code § 54-4132 — Idaho Code / Title 54 / Chapter 41 / Section 54-4132
54-4132 ADDITIONAL POWERS OF THE BOARD.
Status: in_force

54-4132. Additional powers of the board. In addition to the powers conferred elsewhere in this chapter, the board shall have the power under this act, in relation to appraisal management companies, to:

(1) Authorize by written agreement the division of occupational and professional licenses to act as its agent, to act in its interest and, in its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this act;

(2) Adopt, pursuant to the administrative procedure act, rules that are consistent with the provisions of this act and are not in conflict with state or federal law that may be reasonably necessary to implement, administer and enforce the provisions of this act;

(3) Conduct investigations into violations of this act;

(4) Receive applications for and approve registration of appraisal management companies pursuant to the provisions of this act;

(5) Hold meetings and hearings at such times as it may designate;

(6) Collect, deposit and disburse application and other fees and income;

(7) Collect the actual costs and fees, including attorney's fees, incurred by the board in the investigation and prosecution of an AMC upon the finding of a violation of this act or a rule adopted or an order issued by the board under this act. Provided, however, that the assessment of costs and fees against or in favor of a licensee under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code;

(8) Take such action as may be necessary to enforce the provisions of this act and to regulate appraisal management companies;

(9) Report an AMC's violation of applicable appraisal-related laws, regulations or orders, as well as disciplinary and enforcement actions or other relevant information about an AMC's operations to state and federal agencies; and

(10) Require new applicants, owners or designated controlling persons for each new applicant to submit to a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code, and to collect fees from applicants for the cost of such background checks.

History:

[54-4132, added 2016, ch. 131, sec. 1, p. 394; am. 2018, ch. 348, sec. 20, p. 816; am. 2022, ch. 94, sec. 59, p. 321; am. 2024, ch. 101, sec. 18, p. 461.]
Idaho Code § 54-2071 — Idaho Code / Title 54 / Chapter 20 / Section 54-2071
54-2071 RECOVERY FROM FUND — PROCEDURE — GROUNDS — AMOUNT — HEARING.
Status: in_force

54-2071. Recovery from fund — Procedure — Grounds — Amount — Hearing. (1) When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, such person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the real estate recovery fund in the amount of actual damages included in the judgment and unpaid, but not more than ten thousand dollars ($10,000) per licensee per calendar year. The recovery fund's liability for all claims arising from the acts or omissions of any one (1) licensee in any calendar year shall be limited to a payment of not more than ten thousand dollars ($10,000), regardless of the number of persons damaged by the acts or omissions of a licensee, or the total amount of damage caused by such licensee, in any one (1) calendar year. If a claim is made against the fund and the commission has actual knowledge of any other claims against the recovery fund which have been filed or asserted against the same licensee and arise from acts or omissions of the licensee in the same calendar year, then the commission shall file an interpleader action in accordance with the applicable statutes and the Idaho rules of civil procedure against all known parties who may claim a right to payment from the fund. Unless the commission has actual knowledge of other potential claims, as stated above, and so files the interpleader action, the first person who obtains a final judgment against a licensee shall be entitled to the payment of that amount equal to the lesser of the judgment or ten thousand dollars ($10,000), providing the claimant meets the other criteria set forth herein.

(2) A copy of the petition shall be served upon the commission and an affidavit of such service shall be filed with the court.

(3) The court shall act upon such petition within thirty (30) days after such service and, upon the hearing thereof, the petitioner shall be required to show that:

(a) He is not the spouse of the debtor, or the personal representative of such spouse;

(b) He has complied with all the requirements of sections 54-2069 through 54-2078, Idaho Code;

(c) He has obtained a judgment of the kind described in subsection (1) of this section, stating the amount thereof and the amount owing thereon at the date of the petition;

(d) He has caused to be issued a writ of execution upon the judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application thereon of the amount realized;

(e) He has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; and

(f) That by such search he has discovered no personal or real property or other assets liable to be sold or applied, or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that he has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized.

(4) Whenever the aggrieved person satisfies the court that it is not practicable to comply with one (1) or more of the requirements enumerated in subsections (3)(d), (e) and (f) of this section, and that the aggrieved person has taken all reasonable steps to collect that amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may in its discretion dispense with the necessity for complying with such requirements.

History:

[54-2071, added 2000, ch. 285, sec. 3, p. 949.]
Idaho Code § 54-5018 — Idaho Code / Title 54 / Chapter 50 / Section 54-5018
54-5018 INSPECTION BY AGENT.
Status: in_force

54-5018. Inspection by agent. A designated, qualified, properly identified agent of the authority having jurisdiction shall inspect work performed under each permit to ensure compliance with the provisions of this chapter and rules as promulgated by the board, and applicable codes and ordinances as adopted.

History:

[54-5018, added 2003, ch. 276, sec. 1, p. 740.]
Idaho Code § 54-314 — Idaho Code / Title 54 / Chapter 3 / Section 54-314
54-314 DISCIPLINE — INJUNCTION.
Status: in_force

54-314. discipline — injunction. (1) The board shall have the authority to sanction any license issued pursuant to the provisions of this chapter for any of the following:

(a) Fraud or deception in applying for, procuring or renewing a license under this chapter;

(b) Fraud or deceit in the practice of architecture or in procuring any contract in the practice of architecture;

(c) Incompetence or gross negligence or recklessness in the practice of architecture;

(d) A conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state, territory, country or jurisdiction for a felony or a misdemeanor, which misdemeanor involved a violation of the provisions of this chapter, a willful violation of state or local building codes, or a violation of other laws relating to the public health and safety and was committed in the course of practicing architecture;

(e) Affixing his signature to, or impressing his seal on, any plans, drawings, specifications or other instruments of service that have not been prepared by him or under his responsible control or permitting his name to be used for the purpose of assisting any person who is not a licensed architect to evade the provisions of this chapter;

(f) Receiving rebates, commissions, grants of money or other favors in connection with the work without the knowledge of the party for whom he is working or having a pecuniary interest in the performance of the contract for the work designed, planned or supervised by him without the knowledge and consent of the owner;

(g) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board;

(h) Practicing architecture or representing oneself as a licensed architect when unlicensed in violation of licensing laws of the jurisdiction in which the conduct took place;

(i) Having had any professional or occupational license revoked, suspended or otherwise disciplined in Idaho or any other state, territory, country or jurisdiction;

(j) Failing to maintain the requirements for a license, including not fulfilling the continuing education requirement for license renewal established by the board in rule;

(k) Failing to comply with a board order; or

(l) Violating any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.

(2) Sanctions that the board may impose include one (1) or more of the following:

(a) Refusal to grant or renew a license;

(b) Revocation of a license;

(c) Suspension of a license for a period not to exceed two (2) years;

(d) Restriction of a license to prohibit the offender from performing certain acts or from engaging in the practice of architecture in a particular manner for a period not to exceed two (2) years;

(e) Placement of the offender on probation and supervision by the board for a period not to exceed two (2) years; and

(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) per violation.

(3) The procedures for disciplinary proceedings shall be in compliance with the Idaho administrative procedure act, the Idaho rules of administrative procedure, and the division of occupational and professional licenses.

(4) Any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation or partnership from persisting in the doing of any acts constituting a violation of this chapter. Such action shall be brought in the district court of the county in which said act or acts or some of them are claimed to have been or are being committed by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from the complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the case. The case shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant is established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing said or similar acts.

History:

[54-314, added 2018, ch. 129, sec. 2, p. 276; am. 2022, ch. 94, sec. 8, p. 287; am. 2025, ch. 151, sec. 2, p. 738; am. 2026, ch. 221, sec. 81, p. 965.]
Idaho Code § 54-4307 — Idaho Code / Title 54 / Chapter 43 / Section 54-4307
54-4307 POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE.
Status: in_force

54-4307. POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE. (1) Only persons who are licensed as respiratory care practitioners or who are exempt from licensure pursuant to section 54-4312, Idaho Code, or who hold a permit issued by the board pursuant to the provisions of this chapter may provide polysomnography-related respiratory care services.

(2) An applicant for a permit to provide polysomnography-related respiratory care services must:

(a) Submit an application to the board on forms prescribed by the board and pay the permit fee required pursuant to this chapter;

(b) Not have been convicted of an offense or disciplined by a licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the provision of polysomnography-related respiratory care services;

(c) Be a high school graduate, have graduated from a nonpublic school, or have passed a general educational development (GED) examination and earned a GED certificate; and

(d) Be currently certified in cardiopulmonary resuscitation.

(3) A polysomnographic technologist applicant must have successfully completed the certification examination approved by the board.

(4) A polysomnographic technician applicant must have successfully completed a polysomnography program of not less than one (1) year duration, associated with a nationally accredited educational facility.

History:

[54-4307, added 2021, ch. 21, sec. 2, p. 57; am. 2026, ch. 135, sec. 14, p. 642.]
Idaho Code § 54-303 — Idaho Code / Title 54 / Chapter 3 / Section 54-303
54-303 DEFINITIONS.
Status: in_force

54-303. DEFINITIONS. As used in this chapter:

(1) "Architect" means a person who engages in the practice of architecture as defined in this section and is licensed under the provisions of this chapter.

(2) "Architectural intern" means a person enrolled in a national council of architectural registration boards architectural experience program and who, in fulfillment of the requirements of that program, is working under the direct supervision of an architect licensed under this chapter.

(3) "Board" means the board of architects and landscape architects.

(4) "Building" means an enclosure, including related improvements, that has as its principal purpose the adaptation of space for occupancy or habitation by human beings.

(5) "Practice of architecture" means rendering or offering those services described in this subsection in connection with the design, construction, enlargement or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; submitting a response to any request for qualification, request for proposal, or other solicitation for services within the state; providing preliminary studies; architectural designs, drawings and specifications; technical submissions; and administration of construction contracts.

(6) "Prototypical building" means any commercial building or space within a commercial building that is intended to be constructed in multiple locations, that has been constructed in multiple locations and that conveys an owner's intended uniform business program, plan or image.

(7) "Prototypical building documents" means technical submissions for prototypical buildings that:

(a) Are prepared by or under the responsible control of an architect licensed in any jurisdiction and holding the certification issued by the national council of architectural registration boards;

(b) Identify the architect, together with the architect's license number and jurisdiction or the architect's license and national council of architectural registration boards certification number; and

(c) Are marked "prototypical design documents not for construction." Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for local conditions, including site conditions, and may require additional design.

(8) "Responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.

(9) "Technical submissions" involving the practice of architecture consist of designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.

History:

[54-303, added 2018, ch. 129, sec. 2, p. 270; am. 2022, ch. 42, sec. 1, p. 105; am. 2024, ch. 35, sec. 1, p. 236.]
Idaho Code § 54-4314 — Idaho Code / Title 54 / Chapter 43 / Section 54-4314
54-4314 PENALTIES.
Status: in_force

54-4314. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.

History:

[54-4314, added 2021, ch. 21, sec. 2, p. 60.]
Idaho Code § 54-1201 — Idaho Code / Title 54 / Chapter 12 / Section 54-1201
54-1201 DECLARATION OF POLICY.
Status: in_force

54-1201. Declaration of policy. To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying for any project physically located in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a licensed professional engineer or professional land surveyor, unless such person has been duly licensed or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly licensed as a professional engineer by the board under this chapter. Except as exempted by section 54-1223, Idaho Code, a land surveyor shall be allowed to practice professional land surveying as defined in this chapter only when he has become duly licensed as a professional land surveyor by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of licensure of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person's license, which shall not be transferable.

History:

[54-1201, added 1939, ch. 231, sec. 1, p. 516; am. 1957, ch. 234, sec. 1, p. 547; am. 1986, ch. 140, sec. 1, p. 377; am. 1996, ch. 357, sec. 1, p. 1186; am. 2001, ch. 247, sec. 1, p. 890; am. 2008, ch. 378, sec. 2, p. 1024.]
Idaho Code § 54-2510 — Idaho Code / Title 54 / Chapter 25 / Section 54-2510
54-2510 RACE EXCLUSIVELY FOR IDAHO BRED HORSES — BONUS FOR IDAHO BRED WINNERS.
Status: in_force

54-2510. Race exclusively for Idaho bred horses — Bonus for Idaho bred winners. (1) For the purpose of encouraging the breeding, within this state, of valuable thoroughbred, purebred and/or registered horses, at least one (1) race each day at each horse race meet shall be limited to Idaho bred horses. If in the opinion of the commission sufficient competition cannot be had among such class of horses, said race may be written as an Idaho bred preferred race instead.

(2) A sum equal to ten percent (10%) of the first place purse money won by an Idaho bred horse shall be paid by the licensee conducting the race meet to the breeder of such horse. All purse moneys derived from pari-mutuel racing and all purse enhancement moneys from the Idaho state racing commission shall be included in the calculation of these breeder payments. All nominating and sustaining fees, and any moneys from outside sponsors shall be excluded from the calculation of these breeder payments.

History:

[54-2510, added 1963, ch. 64, sec. 10, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1987, ch. 316, sec. 4, p. 662; am. 2008, ch. 26, sec. 1, p. 39.]
Idaho Code § 54-1503 — Idaho Code / Title 54 / Chapter 15 / Section 54-1503
54-1503 STATE BOARD OF OPTOMETRY ESTABLISHED — QUALIFICATIONS.
Status: in_force

54-1503. State board of optometry established — Qualifications. (1) There is hereby established in the division of occupational and professional licenses a state board of optometry composed of five (5) members who shall be appointed by the governor. The governor may consider recommendations for appointment to the board from any optometric association or any individual residing in this state. Members will serve staggered terms of five (5) years each after the effective date of this act unless otherwise provided in this chapter. A vacancy in membership on the board shall occur when the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy because of the expiration of a regular term shall be filled by the governor by appointment of a member for a five (5) year term. Appointments to fill a vacancy occurring for some reason other than expiration of a term of office shall be made for the unexpired term which is being filled. The members of the board shall serve at the pleasure of the governor.

(2) Four (4) members of the state board of optometry shall be licensed optometrists in the state of Idaho and shall be residents of and lawfully practicing optometry within the state of Idaho for a period of not less than five (5) years immediately preceding their appointment. One (1) member shall be a member of the public with an interest in the rights of consumers of optometric services.

History:

[54-1503, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 121, p. 138; am. 2000, ch. 469, sec. 124, p. 1585; am. 2009, ch. 118, sec. 4, p. 378; am. 2011, ch. 307, sec. 1, p. 875; am. 2016, ch. 340, sec. 18, p. 941; am. 2021, ch. 222, sec. 13, p. 629.]
Idaho Code § 54-1506 — Idaho Code / Title 54 / Chapter 15 / Section 54-1506
54-1506 LICENSE FEES.
Status: in_force

54-1506. License fees. (1) All fees of any kind collected under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.

(2) The annual fee for renewal of a license shall be established by board rule, not to exceed one hundred seventy-five dollars ($175).

History:

[54-1506, aded 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 123, p. 138; am. 1986, ch. 109, sec. 1, p. 299; am. 1994, ch. 180, sec. 99, p. 491; am. 1999, ch. 151, sec. 1, p. 423; am. 2006, ch. 54, sec. 1, p. 164; am. 2022, ch. 94, sec. 21, p. 297.]
Idaho Code § 54-3117 — Idaho Code / Title 54 / Chapter 31 / Section 54-3117
54-3117 FINANCES.
Status: in_force

54-3117. Finances. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.

History:

[54-3117, added 1974, ch. 110, sec. 17, p. 1255; am. 2008, ch. 68, sec. 17, p. 182; am. 2022, ch. 94, sec. 44, p. 311.]
Idaho Code § 54-1613 — Idaho Code / Title 54 / Chapter 16 / Section 54-1613
54-1613 RESIDENTIAL CARE FACILITY ADMINISTRATOR PROVISIONAL PERMITS.
Status: in_force

54-1613. RESIDENTIAL CARE FACILITY ADMINISTRATOR PROVISIONAL PERMITS. (1) The board may issue a residential care facility administrator provisional permit, not exceeding three (3) months, to an applicant pending license issuance if the applicant files a written application and meets the requirements of section 54-1606(2)(a), Idaho Code, and is applying to fill a vacancy on an emergency basis.

(2) Any individual holding a valid Idaho nursing home administrator license in good standing may meet the requirements for a residential care facility administrator license and be issued one upon application and payment of appropriate fees.

History:

[54-1613, added 2025, ch. 98, sec. 3, p. 536.]
Idaho Code § 54-218 — Idaho Code / Title 54 / Chapter 2 / Section 54-218
54-218 ACCEPTANCE OF COMMISSIONS AND CONTINGENT FEES.
Status: in_force

54-218. Acceptance of commissions and contingent fees. (1) A licensee may accept a commission or referral fee unless prohibited by this section.

(a) A licensee shall not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the licensee or the licensee's firm also performs for that client:

(i) An attest service; or

(ii) A compilation when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.

(b) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose in writing that fact to any person or entity to whom the licensee recommends or refers a product or service to which the commission relates.

(c) Any licensee who accepts a referral fee for recommending or referring any service of a licensee to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client in writing.

(2) A licensee may accept a contingent fee which is disclosed to the client in writing unless prohibited by this section.

(a) A licensee shall not perform for a contingent fee any professional service for, or receive such a fee from, a client for whom the licensee or the licensee's firm performs:

(i) An attest service; or

(ii) A compilation, when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.

(b) A licensee shall not prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client.

(c) Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this section, fees shall not be regarded as contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee's fees may vary depending, for example, on the complexity of services rendered.

(3) The prohibitions contained in this section shall apply during the period in which the licensee is engaged to perform any of the services listed herein and the period covered by any historical financial statements involved in any such listed services.

History:

[54-218, added 1993, ch. 239, sec. 22, p. 839; am. 2002, ch. 92, sec. 15, p. 249.]
Idaho Code § 54-219 — Idaho Code / Title 54 / Chapter 2 / Section 54-219
54-219 LICENSE — RESTRICTION, REVOCATION, SUSPENSION OR DENIAL — CAUSES — COST RECOVERY — ADMINISTRATIVE PENALTIES.
Status: in_force

54-219. License — Restriction, revocation, suspension or denial — Causes — Cost recovery — Administrative penalties. (1) After notice and opportunity for hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for cause shown, the board may revoke, suspend, refuse to renew, administratively penalize, reprimand, restrict or place on probation the holder of a certificate or license, or refuse to issue any certificate or any license to an applicant, for any one (1) of the following causes:

(a) Any false statement with the intent to mislead or deceive the board or its members in connection with any application; or, cheating or any attempt to cheat in an examination.

(b) Fraud or deceit in obtaining or renewing a certificate or license to practice as a certified public accountant or licensed public accountant under the provisions of this chapter.

(c) Dishonesty, fraud or gross negligence in the performance of professional services as a licensee or individual granted privileges under section 54-227, Idaho Code, or in the filing of or failure to file his own income tax returns.

(d) Violation of any provision of this chapter, or any rule adopted by the board under authority granted by this chapter, or an order of the board directed specifically to the licensee.

(e) Conviction of or a guilty plea to a crime under the laws of any state or country that is deemed relevant in accordance with section 67-9411(1), Idaho Code.

(f) Conviction of or a guilty plea to any crime, an element of which is dishonesty or fraud, under the laws of any state or country, notwithstanding the form of the judgment or withheld judgment.

(g) Representing oneself as a certified public accountant or licensed public accountant during any period in which the license of the person so practicing has been suspended or revoked by the board.

(h) Cancellation, revocation, suspension or refusal to renew or grant a license or privileges under section 54-227, Idaho Code, for disciplinary reasons by any other state for any cause.

(i) Practicing as a certified public accountant or licensed public accountant under a false or assumed name; provided, however, this paragraph shall have no application to practicing as a certified public accountant or licensed public accountant under the name of a firm, when such style or name is in conformity with a type or form approved by the rules of the board.

(j) Habitual use of drugs or intoxicants to such a degree as to render the licensee unreliable and unfit to practice as a certified public accountant or licensed public accountant.

(k) Suspension or revocation of the right to practice before any agency of the United States government or of the state of Idaho, for any cause other than failure to pay a registration or similar fee.

(l) Having been declared mentally incompetent by a court of competent jurisdiction; provided, however, that when a person's license shall have been revoked or suspended for this cause, such license shall be reinstated by the board when said disability is judicially removed.

(m) Representing oneself as qualified or authorized to practice as a certified public accountant or licensed public accountant in this state without holding a current, valid, unrevoked and unsuspended certificate and license or privileges under section 54-227, Idaho Code.

(n) Performance of any fraudulent act while holding a certificate, license, permit or privileges under this chapter.

(o) Any conduct reflecting adversely upon the licensee's fitness to perform services while a licensee, or individual granted privileges under section 54-227, Idaho Code.

(2) The expenses, including attorney's fees, incurred by the board for any or all proceedings initiated against a person for violation of any of the provisions of this chapter may be charged against such person by the board, upon the finding of a violation of this chapter, in addition to any administrative penalties which may be levied by the board against such person. Administrative penalties levied by the board shall not exceed two thousand five hundred dollars ($2,500) per violation.

(3) In lieu of or in addition to any remedy specifically provided, the board may require of a licensee or a firm:

(a) A peer review conducted in such fashion as the board may specify;

(b) Preissuance review;

(c) Satisfactory completion of such continuing professional education programs or examinations as the board may specify; and

(d) Other similar remedies.

(4) In any action brought under the provisions of this chapter, evidence of the commission of a single act prohibited in this chapter shall be sufficient to justify a suspension, revocation, fine, administrative penalty, restriction, reprimand, injunction, restraining order, conviction or any other remedy authorized in this chapter. Evidence of a general course of conduct shall not be required.

History:

[(54-219) 54-217, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 14, p. 905; am. and redesig. 1993, ch. 239, sec. 23, p. 840; am. 1994, ch. 49, sec. 7, p. 86; am. 2002, ch. 92, sec. 16, p. 250; am. 2003, ch. 14, sec. 5, p. 39; am. 2017, ch. 259, sec. 2, p. 638; am. 2020, ch. 175, sec. 13, p. 517.]
Idaho Code § 54-2410 — Idaho Code / Title 54 / Chapter 24 / Section 54-2410
54-2410 ENDORSEMENT — LICENSES FROM OTHER STATES.
Status: in_force

54-2410. Endorsement — Licenses from other states. Any person who holds a valid license to practice as a drinking water system operator or a wastewater system operator or a backflow assembly tester from any other state in which the legally enacted qualifications for licensure are not lower than the qualifications for licensure set forth in this chapter and in the rules adopted pursuant hereto, may upon proper application and payment of a fee as may be established by board rule not to exceed one hundred dollars ($100), and with the approval of the board, be accepted for licensure under the provisions of this chapter.

History:

[54-2410, added 2004, ch. 335, sec. 1, p. 1001.]
Idaho Code § 54-3512 — Idaho Code / Title 54 / Chapter 35 / Section 54-3512
54-3512 INAPPLICABILITY OF CHAPTER.
Status: in_force

54-3512. Inapplicability of chapter. (1) This chapter shall not be construed to prevent any person from rendering advice, guidance or counsel regarding medical nutrition service, therapeutic nutrition care, nutritional assessments, nutrition therapy counseling, weight control services, or from providing nutrition information in connection with the marketing and distribution of a food product, dietary supplement, or wellness/exercise program.

(2) This chapter shall not be construed to prevent any person licensed or registered in this state, pursuant to any other law of the state, from engaging in the profession or occupation for which such person is licensed or registered.

(3) This chapter shall not be construed to prevent a dietitian licensed and in good standing in another jurisdiction of the United States or credentialed in another country from practicing, within this state, activities that are within the scope of such dietitian's license or credentials, when the dietitian:

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

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

History:

[54-3512, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 13, p. 783; am. 2018, ch. 24, sec. 2, p. 44.]
Idaho Code § 54-1905 — Idaho Code / Title 54 / Chapter 19 / Section 54-1905
54-1905 PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED — QUALIFICATIONS OF APPOINTEES — TERM — REMOVALS.
Status: in_force

54-1905. Public works contractors license board created — Qualifications of appointees — Term — Removals. There is hereby created and made part of the division of occupational and professional licenses a public works contractors license board. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter and to serve as secretary to the board. The board shall be composed of eight (8) members, who shall be appointed by the governor. One (1) member of the board shall be a person whose primary business is that of a "heavy construction" contractor, one (1) member shall be a person whose primary business is that of a "highway construction" contractor, one (1) member shall be a person whose primary business is that of a "building construction" contractor, one (1) member shall be a person whose primary business is that of a "specialty construction" contractor, as such construction terms are defined in this chapter, one (1) member shall be a subcontractor with a license no higher than a class "A," one (1) member shall be a "construction manager," one (1) member shall be a registered professional engineer, and one (1) member shall be a member of the general public with an interest in the rights of consumers of public works contracting services. All contractor members of the board shall be contractors holding a current unrevoked license at the time of their appointment, actively engaged in the contracting business and have been so engaged for a period of not less than five (5) years preceding the date of their appointment, and who shall so continue in the contracting business during their term of office. Each member of the board next preceding his appointment shall have been a citizen and resident of the state of Idaho for at least five (5) years. The governor shall appoint a member to said board for a term of three (3) years, and no member shall be appointed to more than two (2) consecutive terms. All members shall serve at the pleasure of the governor. Each member shall hold office after the expiration of their own term until their successor has been duly appointed and qualified. Vacancies on the board for any cause shall be filled by appointment by the governor for the balance of the unexpired term. Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of his duties, shall file with the secretary of state the constitutional oath of office.

History:

[54-1905, added 1941, ch. 115, sec. 5, p. 212; am. 1955, ch. 223, sec. 4, p. 480; am. 1974, ch. 13, sec. 148, p. 138; am. 1998, ch. 410, sec. 2, p. 1272; am. 1999, ch. 201, sec. 8, p. 535; am. 2000, ch. 438, sec. 1, p. 1396; am. 2001, ch. 300, sec. 4, p. 1089; am. 2001, ch. 301, sec. 1, p. 1098; am. 2016, ch. 340, sec. 23, p. 944; am. 2021, ch. 222, sec. 17, p. 631.]
Idaho Code § 54-1406A — Idaho Code / Title 54 / Chapter 14 / Section 54-1406A
54-1406A CERTIFIED MEDICATION ASSISTANT.
Status: in_force

54-1406A. CERTIFIED MEDICATION ASSISTANT. (1) The board shall issue a certificate of medication assistance (MA-C) to an individual who:

(a) Is registered as a nursing assistant, without substantiated charges, on the nursing assistant registry currently maintained by the Idaho department of health and welfare;

(b) Has received training preparing for a role in administering medications and works under the supervision of a licensed nurse in a skilled nursing facility;

(c) Has completed an MA-C program following the model curriculum approved by the national council of state boards of nursing;

(d) Has passed the medication aide certification exam approved by the national council of state boards of nursing or other nationally or regionally recognized testing organization that offers exams for medication aides; and

(e) Has paid applicable fees.

(2) The board shall not require the examination required in subsection (1)(d) of this section for a person who is registered as a nursing assistant pursuant to subsection (1)(a) of this section on July 1, 2020.

(3) The board shall maintain a public registry of the names and addresses of all certified medication assistants.

(4) The board is authorized to impose and collect initial application fees and two (2) year renewal fees, as well as reinstatement fees, and verification of records fees not to exceed, in total, one hundred dollars ($100), as determined by board rule. Fees collected pursuant to this section shall be deposited in the state board of nursing account.

(5) A person may not use the title "certified medication assistant" or the abbreviation "MA-C" unless such person has been duly certified pursuant to this section.

(6) A certified MA-C is permitted to administer medications as delegated by a licensed nurse.

(7) The board shall have the authority to administer discipline as set forth in paragraph (a) of this subsection for any one (1) or a combination of grounds for discipline as set forth in paragraph (b) of this subsection.

(a) Disciplinary action by the board shall include:

(i) Denying certification or recertification, suspending, revoking, placing on probation, reprimanding, limiting, restricting, conditioning, or accepting the voluntary surrender of a certificate issued pursuant to this section if a certified medication assistant commits an act that constitutes grounds for discipline;

(ii) Referring criminal violations of this section to the appropriate law enforcement agency; and

(iii) Imposing a civil penalty of no more than one hundred dollars ($100) per violation.

(b) Grounds for discipline shall include:

(i) Substance abuse or dependency;

(ii) Client abandonment, neglect, or abuse;

(iii) Fraud or deceit, which may include but is not limited to:

1. Filing false credentials;

2. Falsely representing facts on an application for initial certification, renewal, or reinstatement; and

3. Giving or receiving assistance in taking the exam required in subsection (1)(d) of this section.

(iv) Boundary violations;

(v) Performance of unsafe client care;

(vi) Performing acts beyond the range of authorized functions or beyond those tasks delegated under the provisions of this section;

(vii) Misappropriation or misuse of property;

(viii) Obtaining money or property of a client, resident, or other person by theft, fraud, misrepresentation, or duress committed during the course of employment as a certified medication assistant;

(ix) Criminal conviction of a misdemeanor that directly relates to or affects the functions of a certified medication assistant or conviction of any felony as set forth in rule;

(x) Putting clients at risk of harm; and

(xi) Violating the privacy or failing to maintain the confidentiality of client or resident information.

(8) The board shall comply with the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, in taking any disciplinary action against a certified medication assistant and shall maintain records of any such disciplinary action, which records shall be available for public inspection to the same extent as records regarding disciplinary proceedings against nurses and as otherwise consistent with chapter 1, title 74, Idaho Code. The assessment of costs and fees incurred in the investigation and prosecution or defense of a certified medication assistant shall be governed by the provisions of section 12-117(5), Idaho Code.

(9) The board shall notify the Idaho nursing assistant registry of any disciplinary action taken against a certified medication assistant pursuant to this section.

History:

[54-1406A, added 2020, ch. 116, sec. 2, p. 366; am. 2023, ch. 45, sec. 1, p. 184.]
Idaho Code § 54-1614 — Idaho Code / Title 54 / Chapter 16 / Section 54-1614
54-1614 MISDEMEANORS — PENALTIES.
Status: in_force

54-1614. MISDEMEANORS — PENALTIES. (1) It shall be a misdemeanor for any person to:

(a) Sell or fraudulently obtain or furnish any license or aid or abet such actions;

(b) Practice as a long-term care administrator under cover of any license or permit illegally or fraudulently obtained or unlawfully issued;

(c) Practice as a long-term care administrator or use in connection with the person's name any designation tending to imply that the person is a long-term care administrator unless duly licensed under the provisions of this chapter;

(d) Practice as a long-term care administrator during the time the person's license or permit issued under the provisions of this chapter is suspended or revoked; or

(e) Otherwise violate any of the provisions of this chapter.

(2) A misdemeanor under this section shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.

History:

[54-1614, added 2025, ch. 98, sec. 3, p. 536.]
Idaho Code § 54-307 — Idaho Code / Title 54 / Chapter 3 / Section 54-307
54-307 BOARD — ORGANIZATION AND MEETINGS.
Status: in_force

54-307. BOARD — ORGANIZATION AND MEETINGS. (1) There is hereby created in the division of occupational and professional licenses a board of architects and landscape architects.

(2) The board shall consist of seven (7) members, four (4) of whom shall be licensed architects, two (2) of whom shall be licensed landscape architects, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of architectural services.

(3) The regular term of office of a member shall begin as of the first Monday immediately following the date of his appointment and shall continue for five (5) years thereafter and until his successor shall have been appointed and accepted his appointment. A member appointed to fill a vacancy occasioned otherwise than by expiration of a term shall serve the unexpired term of his predecessor. No members shall be appointed for a period exceeding two (2) consecutive terms. Any member who has served two (2) consecutive terms may be reappointed after a lapse of five (5) years from the termination date of his last term.

(4) Board members shall be appointed by the governor and shall serve at the pleasure of the governor.

(5) In the event of death, resignation, incapacity, disqualification or removal, a vacancy in membership shall be declared by the board and filled for the unexpired portion of the term in the same manner as the original appointment.

(6) The board shall, at least annually, hold a meeting and elect a chairman. The board may hold additional meetings at the call of the chairman or at the request of any two (2) members of the board.

(7) A majority of the members of the board shall constitute a quorum.

(8) Members of the board shall receive an honorarium and be reimbursed for expenses as provided in section 59-509(p), Idaho Code.

History:

[54-307, added 2018, ch. 129, sec. 2, p. 273; am. 2021, ch. 222, sec. 4, p. 624; am. 2022, ch. 42, sec. 2, p. 106.]
Idaho Code § 54-1705A — Idaho Code / Title 54 / Chapter 17 / Section 54-1705A
54-1705A PRESCRIBER PERFORMANCE OF PHARMACY FUNCTIONS.
Status: in_force

54-1705A. PRESCRIBER PERFORMANCE OF PHARMACY FUNCTIONS. For the purposes of this chapter, any function that a pharmacist may perform may similarly be performed by an Idaho prescriber or may be delegated by an Idaho prescriber to appropriate support personnel in accordance with the prescriber's practice act.

History:

[54-1705A, added 2024, ch. 69, sec. 3, p. 346.]
Idaho Code § 54-2049 — Idaho Code / Title 54 / Chapter 20 / Section 54-2049
54-2049 RECORD RETENTION SCHEDULES.
Status: in_force

54-2049. Record retention schedules. All records required in this chapter to be kept and maintained by a real estate broker, including trust account and financial records, transaction files and other records are to be kept in the broker's files according to this section. The following records must be kept by a broker for three (3) calendar years after the year in which the event occurred, the transaction closed, all funds were disbursed, or the agreement and any written extension expired:

(1) The original or true copy of all accepted, countered or rejected offers;

(2) Listing or buyer brokerage representation agreements and "consent to limited dual representation" forms;

(3) Transaction files and the contents required in section 54-2048(3), Idaho Code;

(4) Trust account ledger records; and

(5) All trust account reconciliation records, as defined in this chapter.

History:

[54-2049, added 2000, ch. 285, sec. 3, p. 939.]
Idaho Code § 54-3207 — Idaho Code / Title 54 / Chapter 32 / Section 54-3207
54-3207 PRIVATE OR INDEPENDENT PRACTICE OF SOCIAL WORK.
Status: in_force

54-3207. Private or independent practice of social work. (1) The private practice of social work is defined as that independent practice in which an individual is responsible for the contractual conditions of payment with clients, agencies and institutions.

(2) The independent practice of social work is defined as that practice in which an individual who, wholly or in part, practices social work autonomously with total responsibility for such independent practice.

History:

[54-3207, added 1976, ch. 213, sec. 1, p. 779; am. 2002, ch. 85, sec. 4, p. 192.]
Idaho Code § 54-5812 — Idaho Code / Title 54 / Chapter 58 / Section 54-5812
54-5812 LICENSE FOR RETAIL COSMETICS DEALER.
Status: in_force

54-5812. LICENSE FOR RETAIL COSMETICS DEALER. The board shall issue a license to a retail cosmetics dealer if the dealer:

(1) Completes the application form for licensure as required by the board;

(2) Pays the license fee as required by section 54-5822, Idaho Code;

(3) Specifies a location within the retail cosmetics dealer's business premises as the area where the cosmetics will be sold; and

(4) Provides facilities and equipment in an area within the business premises to disinfect and store equipment as provided by board rule.

History:

[54-5812, added 2018, ch. 228, sec. 3, p. 528; am. 2020, ch. 182, sec. 9, p. 567.]
Idaho Code § 54-2806 — Idaho Code / Title 54 / Chapter 28 / Section 54-2806
54-2806 VACANCIES.
Status: in_force

54-2806. vacancies. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-2803, Idaho Code.

History:

[54-2806, added 1971, ch. 137, sec. 6, p. 576; am. 2008, ch. 249, sec. 2, p. 731; am. 2016, ch. 340, sec. 33, p. 952.]
Idaho Code § 54-5825 — Idaho Code / Title 54 / Chapter 58 / Section 54-5825
54-5825 PRIOR BOARDS AND LICENSEES.
Status: in_force

54-5825. PRIOR BOARDS AND LICENSEES. The rights, obligations and authority of the board of barber examiners and the board of cosmetology, as they existed prior to the adoption of this chapter, shall be vested in the barber and cosmetology services licensing board created by this chapter. Persons who qualified for licensure under chapters 5 and 8, title 54, Idaho Code, as repealed by this act, shall be entitled to renew their licenses under this chapter.

History:

[54-5825, added 2018, ch. 228, sec. 3, p. 535.]
Idaho Code § 54-5601 — Idaho Code / Title 54 / Chapter 56 / Section 54-5601
54-5601 SHORT TITLE.
Status: in_force

54-5601. SHORT TITLE. This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act."

History:

[54-5601, added 2015, ch. 128, sec. 1, p. 322.]
Idaho Code § 54-2206 — Idaho Code / Title 54 / Chapter 22 / Section 54-2206
54-2206 POWERS AND DUTIES OF THE BOARD.
Status: in_force

54-2206. Powers and duties of the board. The board shall have the authority to administer, coordinate and enforce the provisions of this chapter. Such authority shall include, but not be limited to, the power to:

(1) Evaluate the qualifications of applicants for licensure, approve and administer examinations to test the knowledge and proficiency of applicants for licensure, and approve or deny the registration and issuance and renewal of licenses and permits;

(2) Promulgate rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter;

(3) Adopt rules providing for continuing education; and

(4) Require the inspection of testing equipment and facilities of persons engaging in any practice pursuant to this chapter.

History:

[54-2206, added 2006, ch. 116, sec. 3, p. 318; am. 2022, ch. 94, sec. 29, p. 302; am. 2026, ch. 221, sec. 12, p. 941.]
Idaho Code § 54-2627 — Idaho Code / Title 54 / Chapter 26 / Section 54-2627
54-2627 APPOINTMENT OF INSPECTORS — QUALIFICATIONS — UNLAWFUL PRACTICES.
Status: in_force

54-2627. Appointment of inspectors — Qualifications — Unlawful practices. The administrator of the division of occupational and professional licenses shall appoint such number of inspectors as may be required for the effective enforcement of this act. All inspectors shall be skilled in plumbing installations with not less than five (5) years actual experience, shall possess certificates of competency prior to appointment, and shall be fully familiar with the provisions of this act and rules made by both the administrator and the Idaho plumbing board. No inspector employed by the division of occupational and professional licenses and assigned to the enforcement of this act shall be engaged or financially interested in a plumbing business, trade, practice or work, or the sale of any supplies connected therewith, nor shall he act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation so engaged. Inspectors employed by municipalities electing to claim exemption under this act must possess the qualifications set forth in this section.

History:

[(54-2627) 1957, ch. 214, sec. 32, p. 454; am. 1963, ch. 138, sec. 6, p. 392; am. 1974, ch. 39, sec. 41, p. 1023; am. and redesignated as sec. 54-2627, 1984, ch. 123, sec. 28, p. 293; am. 1996, ch. 421, sec. 63, p. 1442; am. 2000, ch. 120, sec. 2, p. 261; am. 2023, ch. 15, sec. 60, p. 109.]
Idaho Code § 54-3415 — Idaho Code / Title 54 / Chapter 34 / Section 54-3415
54-3415 RENEWAL OR REINSTATEMENT OF LICENSE.
Status: in_force

54-3415. Renewal or reinstatement of license. All licenses issued under the provisions of this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

History:

[54-3415, added 1982, ch. 183, sec. 1, p. 485; am. 2003, ch. 21, sec. 18, p. 89; am. 2025, ch. 104, sec. 12, p. 557.]
Idaho Code § 54-3513 — Idaho Code / Title 54 / Chapter 35 / Section 54-3513
54-3513 SEVERABILITY.
Status: in_force

54-3513. 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 remaining portions of this chapter.

History:

[54-3513, added 2017, ch. 294, sec. 14, p. 783.]
Idaho Code § 54-1922 — Idaho Code / Title 54 / Chapter 19 / Section 54-1922
54-1922 ACT SUPERIOR TO ALL LAWS IN CONFLICT.
Status: in_force

54-1922. Act superior to all laws in conflict. Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this act, the provisions of this act shall control and supersede all such laws.

History:

[54-1922, added 1941, ch. 115, sec. 23, p. 212; am. 1999, ch. 201, sec. 24, p. 545.]