Idaho Code § 39-7114 — Idaho Code / Title 39 / Chapter 71 / Section 39-7114
39-7114 PRIVATE EMERGENCY RESPONSE PLAN APPROVAL.
Status: in_force

39-7114. Private emergency response plan approval. Private emergency response plans may be prepared for any facility or specific set of conditions. A private emergency response plan must be approved by the local emergency response authority or the military division unless the plan:

(1) Is a contingency plan that has been approved in the issuance of a final part B operating permit, in accordance with section 39-4401, Idaho Code, by the Idaho department of environmental quality;

(2) Is a contingency plan prepared in accordance with the requirements of rules promulgated pursuant to section 39-4401, Idaho Code, by the Idaho department of environmental quality;

(3) Has otherwise been approved by the military division or department of environmental quality. Private emergency response plans must be submitted, for file purposes, to the local emergency response authorities and the military division to qualify as a private emergency response plan under this section.

History:

[39-7114, added 1991, ch. 242, sec. 1, p. 592; am. 1997, ch. 121, sec. 9, p. 365; am. 2001, ch. 103, sec. 65, p. 302.]
Idaho Code § 39-6802 — Idaho Code / Title 39 / Chapter 68 / Section 39-6802
39-6802 ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM.
Status: in_force

39-6802. ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM. In accordance with the comprehensive environmental response, compensation, and liability act of 1980 (CERCLA), 42 U.S.C. 9605, as amended by the superfund amendments and reauthorization act of 1986 (SARA), P.L. 99-499, and, to the extent practicable, the national oil and hazardous substances pollution contingency plan, 40 CFR 300, the remedial actions for the Bunker Hill superfund site are selected and documented in decision documents referred to as a record of decision (ROD) and the body of documents referred to as the administrative record. The institutional controls program (ICP) was established under the residential soils/populated areas August 30, 1991, ROD as a component of the human health remedy to maintain protective barriers to underlying contamination. As the Bunker Hill superfund site expanded, this area was referred to as operable unit (OU)-1. The ICP was incorporated into the non-populated areas for OU-2 in the September 22, 1992, ROD to focus on areas of future development, and OU-3 in the September 12, 2002, interim ROD for residential and community areas outside of OU-1 and OU-2. Institutional controls administrative area maps showing the geographic boundaries for the ICP are available to the public on the internet or through the department upon request.

History:

[39-6802, added 2023, ch. 73, sec. 1, p. 241.]
Idaho Code § 39-9903 — Idaho Code / Title 39 / Chapter 99 / Section 39-9903
39-9903 APPLICABILITY.
Status: in_force

39-9903. applicability. A health care practitioner who provides prenatal or postnatal care and who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome or receives a result from such test that indicates a high likelihood or the definite presence of Down syndrome shall deliver to the parents the information support sheet provided by the department under section 39-9904, Idaho Code.

History:

[(39-9903) 39-9703, added 2022, ch. 80, sec. 1, p. 228; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
Idaho Code § 39-8103 — Idaho Code / Title 39 / Chapter 81 / Section 39-8103
39-8103 DEFINITIONS.
Status: in_force

39-8103. Definitions. As used in this chapter, unless a different meaning clearly appears from the context:

(1) "Administrator" means the administrator or a member of the board of administrators of the basin environmental improvement fund and financing authority.

(2) "Basin" means the watershed of Coeur d'Alene Lake within the counties of Shoshone, Kootenai and Benewah in the state of Idaho.

(3) "Basin environmental improvement fund and financing authority" or "financing authority" means the entity established by the authority of this chapter, and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d'Alene tribe or the state of Washington to accept and invest funds and finance the activities of the basin project.

(4) "Basin environmental improvement project" or "basin project" means the environmental and natural resources restoration and related measures regarding heavy metal contamination in the basin undertaken by the commission.

(5) "Basin environmental improvement project commission" or "commission" means the entity organized by the authority of this chapter and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d'Alene tribe or the state of Washington to implement the basin project.

(6) "Board of administrators" or "administrators" means the administrator or board of administrators of the basin environmental improvement fund and financing authority.

(7) "Board of commissioners" or "commission" means the board of commissioners of the basin environmental improvement project commission.

(8) "Bonds" or "notes" or "bond anticipation notes" or "other obligations" means any bonds, notes, debentures, interim certificates or other evidence of financial indebtedness issued by the financing authority pursuant to this chapter.

(9) "Commissioner" means a member of the board of commissioners of the basin environmental improvement project commission.

(10) "Executive director" means the executive director of the basin environmental improvement project commission.

History:

[39-8103, added 2001, ch. 371, sec. 2, p. 1298.]
Idaho Code § 39-422 — Idaho Code / Title 39 / Chapter 4 / Section 39-422
39-422 PUBLIC HEALTH DISTRICT FUND — ESTABLISHMENT — DIVISIONS — FISCAL OFFICER — EXPENDITURES.
Status: in_force

39-422. Public health district fund — Establishment — Divisions — Fiscal officer — Expenditures. (1) There is hereby authorized and established in the state treasury a special fund to be known as the public health district fund for which the state treasurer shall be custodian. Within the public health district fund there shall be seven (7) divisions, one (1) for each of the seven (7) public health districts. Each division within the fund will be under the exclusive control of its respective district board of health and no moneys shall be withdrawn from such division of the fund unless authorized by the district board of health or its authorized agent.

(2) The procedure for the deposit and expenditure of moneys from the public health district fund will be in accordance with procedures established between all district boards and the state controller. All income and receipts received by the districts shall be deposited in the public health district fund.

(3) Except for claims eligible for payment from the retained risk account established by section 67-5776, Idaho Code, claims against the divisions of the public health district fund are not claims against the state of Idaho. Claims against an individual health district are limited to that district's division moneys and losses eligible for payment from the retained risk account established by section 67-5776, Idaho Code.

History:

[39-422, added 1970, ch. 90, sec. 15, p. 218; am. 1973, ch. 29, sec. 13, p. 56; am. 1974, ch. 23, sec. 75, p. 633; am. 1976, ch. 51, sec. 10, p. 176; am. 1976, ch. 179, sec. 6, p. 644; am. 1982, ch. 133, sec. 3, p. 382; am. 1994, ch. 180, sec. 73, p. 475; am. 1999, ch. 61, sec. 4, p. 161; am. 2022, ch. 222, sec. 2, p. 736.]
Idaho Code § 39-107C — Idaho Code / Title 39 / Chapter 1 / Section 39-107C
39-107C ENVIRONMENTAL PROTECTION TRUST FUND ESTABLISHED.
Status: in_force

39-107C. Environmental protection trust fund established. The director of the department of environmental quality may receive on behalf of the department any moneys or real or personal property donated, bequeathed, devised or conditionally granted to the department. Moneys received directly or derived from the sale of such property shall be held in a trust known as the environmental protection trust, which is hereby established, reserved, set aside, appropriated and made available until expended and used and administered to carry out the terms and conditions of such donation, bequest, devise or grant and to pay the costs and expenses arising from investment of the trust. There is hereby created in the state treasury a fund to be known as the "environmental protection trust fund," which shall consist of moneys held in the environmental protection trust. Pending expenditure or use, surplus moneys in the environmental protection trust shall either be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code, or, in the alternative and with the concurrence of the director of the department, the state treasurer, and the endowment fund investment board, be invested with the endowment fund investment board pursuant to chapter 7, title 57, Idaho Code. Interest received on all such investments shall be paid into the environmental protection trust.

History:

[39-107C, added 2000, ch. 132, sec. 13, p. 328; am. 2016, ch. 130, sec. 1, p. 386.]
Idaho Code § 39-8809 — Idaho Code / Title 39 / Chapter 88 / Section 39-8809
39-8809 DELIVERY PROHIBITION.
Status: in_force

39-8809. Delivery prohibition. (1) Effective August 8, 2007, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility which has been identified by the department to be ineligible for such delivery, deposit, or acceptance.

(2) The department shall promulgate through negotiated rulemaking, and the board shall adopt, rules governing delivery prohibition as provided in section 39-8805, Idaho Code.

History:

[39-8809, added 2007, ch. 29, sec. 1, p. 59.]
Idaho Code § 39-3357 — Idaho Code / Title 39 / Chapter 33 / Section 39-3357
39-3357 ENFORCEMENT PROCESS.
Status: in_force

39-3357. Enforcement process. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility's deficiencies:

(a) Immediately jeopardize the health or safety of its residents, the department shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in section 39-3358(1)(c), Idaho Code, or prohibit the facility from keeping or admitting residents and may provide, in addition, for one (1) or more of the other remedies described in section 39-3358, Idaho Code.

(b) Do not immediately jeopardize the health or safety of its residents, the department shall provide for one (1) or more of the remedies described in section 39-3358, Idaho Code.

(2) Nothing in this section shall be construed as restricting the remedies available to the department to remedy a facility's deficiencies. If the department finds that a facility meets the requirements of this chapter, but, as of a previous period, intentionally did not meet such requirements, the department may provide for a civil money penalty under section 39-3358(1)(b), Idaho Code, for the days in which it finds that the facility was not in compliance with such requirements.

(3) Residential care or assisted living facilities may be cited only for a violation of a requirement that is specified in an applicable law or in a rule promulgated in compliance with an applicable law. Facilities may not be cited for an act that is not expressly proscribed by an applicable law or rule or for an omission when an applicable law or rule does not expressly require the conduct omitted. If the department requires a specific corrective action in relation to a citation, that requirement must be in writing and reference the corresponding rule.

(4) If a civil money penalty is assessed against a facility for deficiencies that do not require relocation of residents or facility closure, the facility may use funds equal to the penalty amount to correct the deficiencies instead of paying the penalty. Documentation of expenditures addressing the deficiencies must be submitted to the department.

(5) Funds collected from such penalties, including those held by the department on July 1, 2025, or collected after such date, may be used by facilities through a department-administered grant program to improve resident care and quality of life. The department shall establish guidelines and a process for grant applications and fund distribution.

History:

[39-3357, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 42, p. 826; am. 2016, ch. 210, sec. 1, p. 593; am. 2025, ch. 208, sec. 21, p. 949.]
Idaho Code § 39-9503 — Idaho Code / Title 39 / Chapter 95 / Section 39-9503
39-9503 DEFINITIONS.
Status: in_force

39-9503. definitions. As used in this chapter:

(1) "Abortion" shall have the same meaning as provided in section 18-502, Idaho Code.

(2) "Complication" means any of the following, if it constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion:

(a) Uterine perforation or injury to the uterus;

(b) Injury or damage to any organ;

(c) Cervical perforation or injury to the cervix;

(d) Infection;

(e) Heavy or excessive bleeding;

(f) Hemorrhage;

(g) Blood clots;

(h) Blood transfusion;

(i) Failure to actually terminate the pregnancy;

(j) Incomplete abortion or retained tissue;

(k) Weakness, nausea, vomiting or diarrhea that lasts more than twenty-four (24) hours;

(l) Pain or cramps that do not improve with medication;

(m) A fever of one hundred and four-tenths (100.4) degrees or higher for more than twenty-four (24) hours;

(n) Hemolytic reaction due to the administration of ABO-incompatible blood or blood products;

(o) Hypoglycemia where onset occurs while the patient is being cared for in the abortion facility;

(p) Pelvic inflammatory disease;

(q) Endometritis;

(r) Missed ectopic pregnancy;

(s) Cardiac arrest;

(t) Respiratory arrest;

(u) Renal failure;

(v) Metabolic disorder;

(w) Shock;

(x) Embolism;

(y) Coma;

(z) Placenta previa or preterm delivery in subsequent pregnancies;

(aa) Free fluid in the abdomen;

(bb) Adverse or allergic reaction to anesthesia or other drugs;

(cc) Subsequent development of breast cancer;

(dd) Death;

(ee) Any psychological or emotional condition reported by the patient, such as depression, suicidal ideation, anxiety or a sleeping disorder; or

(ff) Any other adverse event as defined by the federal food and drug administration criteria provided in the medwatch reporting system.

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

(4) "Facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical center or other institution or location where medical care is provided to any person.

(5) "Hospital" means any institution licensed as a hospital pursuant to chapter 13, title 39, Idaho Code.

(6) "Medical practitioner" means a licensed medical care provider capable of making a diagnosis within the scope of such provider's license.

(7) "Pregnant" or "pregnancy" means the reproductive condition of having an unborn child in the uterus.

History:

[39-9503, added 2018, ch. 225, sec. 1, p. 510; am. 2019, ch. 50, sec. 1, p. 135.]
Idaho Code § 39-3408 — Idaho Code / Title 39 / Chapter 34 / Section 39-3408
39-3408 PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
Status: in_force

39-3408. Preclusive effect of anatomical gift, amendment or revocation. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor's body or part under section 39-3406, Idaho Code.

(2) A donor's revocation of an anatomical gift of the donor's body or part under section 39-3406, Idaho Code, is not a refusal and does not bar another person specified in section 39-3404 or 39-3409, Idaho Code, from making an anatomical gift of the donor's body or part under section 39-3405 or 39-3410, Idaho Code.

(3) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor's body or part under section 39-3406, Idaho Code, another person may not make, amend or revoke the gift of the donor's body or part under section 39-3410, Idaho Code.

(4) A revocation of an anatomical gift of a donor's body or part under section 39-3406, Idaho Code, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 39-3405 or 39-3410, Idaho Code.

(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part for one (1) or more of the purposes set forth in section 39-3404, Idaho Code, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 39-3405 or 39-3410, Idaho Code.

(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

History:

[39-3408, added 2007, ch. 30, sec. 2, p. 65.]
Idaho Code § 39-7405 — Idaho Code / Title 39 / Chapter 74 / Section 39-7405
39-7405 AUTHORITY REGARDING SOLID WASTE.
Status: in_force

39-7405. Authority regarding solid waste. The local government entity with legal responsibility for disposal of solid waste pursuant to the provisions of chapter 44, title 31, Idaho Code, shall have full authority to manage and control the ownership, disposition and ultimate disposal of solid waste within its jurisdiction. It is the intention of the legislature that this grant of authority shall be construed in manner commensurate with the full extent of the duties established in chapter 44, title 31, Idaho Code.

History:

[39-7405, added 1992, ch. 331, sec. 1, p. 979.]
Idaho Code § 39-3407 — Idaho Code / Title 39 / Chapter 34 / Section 39-3407
39-3407 REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL.
Status: in_force

39-3407. Refusal to make anatomical gift — Effect of refusal. (1) An individual may refuse to make an anatomical gift of the individual's body or part by:

(a) A record signed by:

(i) The individual; or

(ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(b) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(c) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.

(2) A record signed pursuant to subsection (1)(a)(ii) of this section must:

(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and

(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

(3) An individual who has made a refusal may amend or revoke the refusal:

(a) In the manner provided in subsection (1) of this section for making a refusal;

(b) By subsequently making an anatomical gift pursuant to section 39-3405, Idaho Code, that is inconsistent with the refusal; or

(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(4) Except as otherwise provided in section 39-3408(8), Idaho Code, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

History:

[39-3407, added 2007, ch. 30, sec. 2, p. 65.]