Idaho Code § 54-1007 — Idaho Code / Title 54 / Chapter 10 / Section 54-1007
54-1007 ISSUANCE OF LICENSES — RECIPROCITY.
Status: in_force

54-1007. Issuance of licenses — Reciprocity. (1) The administrator shall issue licenses to such persons as have by examination shown themselves to be fit, competent and qualified to engage in the trade of residential electrician, journeyman electrician, limited electrical installer or master electrician as defined in section 54-1003A, Idaho Code, and to such persons, firms, partnerships, associations or corporations as have shown themselves to be fit, competent and qualified to engage in the business of electrical contracting or limited electrical contracting as defined in section 54-1003A, Idaho Code.

(2) An apprentice electrician, as defined in section 54-1003A, Idaho Code, may take the journeyman's examination if he has completed the required related instruction for electrical apprentices as approved by the Idaho state board for career technical education, completion of which shall be evidenced by a certificate from an approved provider, and has worked the number of hours as prescribed by the Idaho electrical board, provided that for all the time he is claiming to have worked as an apprentice electrician, the apprentice shall have been registered with the division of occupational and professional licenses as an apprentice. The electrical board may by rule fix the apprentice registration fee, in an amount not to exceed the costs of issuing apprentice registration certificates and enforcing the apprentice registration provisions of this chapter, and may also by rule establish requirements relative to the manner of registration renewal, verification of employment, the number of instructional hours completed, and the number of hours worked.

(3) Any person who has worked as a licensed journeyman for a period of not less than four (4) years and who has worked the number of hours as prescribed by rule of the board as a licensed journeyman electrician shall be considered as qualified to apply for a master electrician's license in this state. The Idaho electrical board, in establishing by rule the requirements for a master electrician's license, shall also take into account the applicant's performance as a journeyman electrician. When issuing a master electrician's license to a person, the administrator shall also issue a journeyman electrician's license to such person at no additional cost and without any additional requirements beyond those required to receive a master electrician's license.

(4) Notwithstanding subsection (2) of this section, any person who can demonstrate eight (8) years of work experience, defined as a minimum of sixteen thousand (16,000) hours, making electrical installations on the job, shall be considered as qualified to apply for a journeyman electrician's license in this state.

(5) A person qualifies for a residential electrician license if he passes the residential electrician examination approved by the board, has completed a two (2) year course of related instruction for residential electrical apprentices as approved by the Idaho electrical board and the Idaho state board for career technical education, and submits proof of four thousand (4,000) hours of electrical experience as an Idaho-registered apprentice or in accordance with the requirements of the jurisdiction where the applicant obtained such experience. Completion of an approved course as required pursuant to this subsection shall be evidenced by a certificate from an approved provider. An applicant for a journeyman electrician license may utilize the experience hours identified in this section toward the work experience requirement for a journeyman electrician license.

(6) To the extent that other states that provide for the licensing of electricians require qualifications at least equal to those contained in this chapter, the administrator may enter reciprocal agreements with such other states to grant licenses to electricians licensed by such other states. The administrator, on the recommendation of the Idaho electrical board, may grant licenses to electricians licensed by such other states upon payment by the applicant of the required fee and upon furnishing proof to the board that the applicant has qualifications at least equal to those provided herein for applicants for written examinations. Applicants who qualify for a license under this subsection are not required to take a written examination.

(7) A provisional journeyman electrician, as defined in section 54-1003A, Idaho Code, may take the residential electrician or journeyman electrician examination. Upon passing the examination, the administrator of the division of occupational and professional licenses shall issue the provisional journeyman electrician a residential or journeyman electrician's license.

History:

[54-1007, added 1947, ch. 251, sec. 7, p. 681; am. 1961, ch. 311, sec. 10, p. 583; am. 1972, ch. 142, sec. 1, p. 309; am. 1974, ch. 39, sec. 84, p. 1023; am. 1986, ch. 296, sec. 5, p. 745; am. 1986, ch. 309, sec. 1, p. 760; am. 1996, ch. 421, sec. 45, p. 1433; am. 1999, ch. 99, sec. 5, p. 314; am. 1999, ch. 329, sec. 25, p. 864; am. 1999, ch. 367, sec. 6, p. 972; am. 2002, ch. 123, sec. 1, p. 347; am. 2003, ch. 135, sec. 1, p. 392; am. 2004, ch. 245, sec. 1, p. 711; am. 2009, ch. 112, sec. 1, p. 364; am. 2011, ch. 16, sec. 1, p. 52; am. 2016, ch. 25, sec. 43, p. 59; am. 2018, ch. 209, sec. 7, p. 472; am. 2019, ch. 66, sec. 1, p. 157; am. 2019, ch. 292, sec. 6, p. 870; am. 2023, ch. 15, sec. 40, p. 97; am. 2023, ch. 244, sec. 9, p. 750; am. 2024, ch. 16, sec. 15, p. 150; am. 2025, ch. 77, sec. 1, p. 352.]
Idaho Code § 54-5612 — Idaho Code / Title 54 / Chapter 56 / Section 54-5612
54-5612 LICENSE RENEWAL.
Status: in_force

54-5612. LICENSE RENEWAL. (1) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire on the licensee's birthday unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees and in compliance with section 67-2614, Idaho Code.

(2) In addition to such other requirements as the board may establish by rule, each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed the applicant has completed the amount of board-approved continuing education required by the board by rule. The board may waive all or a portion of these requirements or grant an extension of time in which to complete these requirements upon a finding of good cause.

History:

[54-5612, added 2015, ch. 128, sec. 1, p. 326; am. 2024, ch. 86, sec. 51, p. 420.]
Idaho Code § 54-2077 — Idaho Code / Title 54 / Chapter 20 / Section 54-2077
54-2077 WAIVER OF RIGHTS.
Status: in_force

54-2077. Waiver of rights. The failure of a person to comply with all of the provisions of sections 54-2069 through 54-2071, Idaho Code, shall constitute a waiver of any rights hereunder.

History:

[54-2077, added 2000, ch. 285, sec. 3, p. 951.]
Idaho Code § 54-2512 — Idaho Code / Title 54 / Chapter 25 / Section 54-2512
54-2512 PARI-MUTUEL BETTING — OTHER BETTING ILLEGAL.
Status: in_force

54-2512. Pari-mutuel betting — Other betting illegal. (1) Any licensee conducting a race meet under this chapter may provide a place or places in the race meet grounds or enclosure at which such licensee may conduct and supervise the use of the pari-mutuel system by patrons on the result of the races conducted by such licensee at such race meet and, upon written application by a licensee and approval by the commission, on the result of simulcast and/or televised races. The commission shall issue no more than one (1) license to simulcast per live race meet licensee and there shall be no more simulcasting sites in the state than there are licensed live race meet sites.

(2) Licenses authorizing simulcast and/or televised races will be regulated by the commission, in addition to its other responsibilities, for the purpose of enhancing, promoting, and protecting the live race industry in the state of Idaho. No license authorizing simulcasting and/or televised races shall be issued to or renewed for persons that are not also licensed to conduct live race meets in the state of Idaho. Persons applying for a simulcast and/or televised race license shall have an agreement reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7, Idaho Code, with a horsemen's group as the term "horsemen's group" is defined in section 54-2502, Idaho Code. The agreement shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen's agreement be held in the simulcast purse moneys fund created pursuant to the provisions of section 54-2508, Idaho Code. Race days agreed upon shall be submitted to the Idaho racing commission for its approval.

(3) Upon written application by a live horse race licensee and approval by the Idaho state racing commission, a license may be issued to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races in a facility not located on the grounds of a live horse race meet facility, but within the county that the live horse race facility is located, subject to the following restrictions:

(a) In addition to the distribution and payment of the handle as described in section 54-2513, Idaho Code, a licensee operating under a license described in this subsection shall pay to the Idaho state racing commission for deposit in the live horse race purse distribution fund, a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races. The Idaho state racing commission shall distribute the moneys from the live horse race purse distribution fund to those live horse race licensees that ran less than fifteen (15) live race days during the preceding calendar year. The distribution shall be made by dividing the total number of live race days of all of the qualified live horse racetracks combined into the moneys collected by the fund in any one (1) calendar year and by multiplying the result by the number of days run by each of the respective live horse racetracks individually; and

(b) Additionally, the licensee shall pay to the Idaho state racing commission a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races conducted pursuant to the race purse distribution fund to the licensee whose license is being utilized to conduct simulcast and/or televised races pursuant to this section. These moneys shall be used by the licensee solely for live horse race meet purses; and

(c) Approval must be obtained from the board of county commissioners; and

(d) A license to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races issued pursuant to this section may be leased to another person or entity but only with the approval of the Idaho state racing commission. A lessee of such a license shall be held by the Idaho state racing commission to the same standards as the original licensee.

(4) Upon written application by a live horse race licensee and approval by the Idaho state racing commission, a license may be issued to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races in a facility located in another county within the state other than the county where the licensee's live racetrack facility is located subject to the following restrictions:

(a) In addition to the distribution and payment of the handle as described in section 54-2513, Idaho Code, a licensee operating under a license described in this subsection shall pay to the Idaho state racing commission for deposit in the live horse race purse distribution fund, a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races. The Idaho state racing commission shall distribute the moneys from the live horse race purse distribution fund to those live horse race licensees that ran less than fifteen (15) live race days during the preceding calendar year. The distribution shall be made by dividing the total number of live race days of all of the qualified live horse racetracks combined into the moneys collected by the fund in any one (1) calendar year and by multiplying the result by the number of days run by each of the respective live horse racetracks individually; and

(b) Additionally, the licensee shall pay to the Idaho state racing commission a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races conducted pursuant to the live horse race purse distribution fund to the licensee whose license is being utilized to conduct simulcast and/or televised races pursuant to this section. These moneys shall be used by the licensee solely for live horse race meet purses; and

(c) Approval must be obtained from the board of county commissioners of the county in which the simulcast and/or televised race facility is to be located; and

(d) A license to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races issued under this section may be leased to another person or entity, but only with the approval of the Idaho state racing commission. A lessee of such a license shall be held by the Idaho state racing commission to the same standards as the original licensee.

(e) No simulcast and/or televised race license transferred from one (1) county to another shall be located in a facility within thirty (30) miles of a live horse racetrack without the approval of that live horse racetrack facility.

(f) No simulcast and/or televised race license can be transferred into a county that has had a live race license within the prior five (5) years.

(5) No more than one (1) simulcast and/or televised race facility per county shall be allowed. This includes the one (1) simulcast license authorized in section 54-2514A, Idaho Code.

(6) There is hereby created in the state treasury the live horse race purse distribution fund, to which shall be deposited moneys received by the Idaho state racing commission for the purposes described in this section. All moneys in the live horse race purse distribution fund are hereby perpetually appropriated to the Idaho state racing commission for payment as required in this section. Payments by the Idaho state racing commission from the live horse race purse distribution fund to the recipient live horse racetracks shall be made no later than thirty (30) days after Idaho state racing commission approval of a live race meet license application for the forthcoming calendar year.

(7) Once a total handle exceeding fourteen million dollars ($14,000,000) is realized from simulcasting and/or televised races conducted pursuant to this section in any one (1) calendar year, the Idaho state racing commission shall submit to the Idaho horse board a sum of five percent (5%) of the balance over fourteen million dollars ($14,000,000), but not to exceed twelve thousand five hundred dollars ($12,500) to be used by the Idaho horse board for youth programs and to the "Idaho Robert R. Lee Promise Scholarship Program" as detailed in chapter 43, title 33, Idaho Code, a sum of five percent (5%) of the balance over fourteen million dollars ($14,000,000), but not to exceed twelve thousand five hundred dollars ($12,500).

(8) Such pari-mutuel system conducted at such race meet shall not under any circumstances, if conducted under the provisions of this chapter and in conformity thereto and to the rules of the commission, be held or construed to be unlawful, other statutes of this state to the contrary notwithstanding.

(9) The participation by a licensee in an interstate combined wagering pool does not cause that licensee to be considered to be doing business in any jurisdiction other than the jurisdiction in which the licensee is physically located.

(10) Advance deposit wagering on live and/or simulcast horse racing conducted by licensees is hereby declared to be lawful and within the scope of the licensee's license. As used in this section, "advance deposit wagering" means a form of wagering in which an account holder may deposit money with a licensee and then use the balance to fund wagers. The bettor can then contact the licensee from a location without actually being physically present at the licensee's premises in order to communicate the desired use of those funds for wagering purposes. However, no wager can be accepted by the licensee that exceeds the amount in the account held by the licensee for the person placing the wager. Any advance deposit wagering conducted by a person with a provider outside of the state by telephone or other electronic means shall be a felony unless that provider is licensed by the Idaho state racing commission and provides a source market fee of not less than ten percent (10%) of the handle forwarded monthly to the commission. In order to receive an advance deposit wagering license, the applicant must comply with the provisions of subsection (12) of this section and must also reach a nondiscriminatory agreement regarding signal costs with any licensed facility in Idaho if such provider or affiliate is sending interstate simulcast signals to such licensed facility in Idaho. All moneys in the advance deposit wagering accounts held by the commission are hereby continuously appropriated to the commission, which shall retain ten percent (10%) for live racing administration and remit the balance for payment as required by this section. Payments to recipients shall be made annually. Distribution of the source market fee shall be forty percent (40%) to purses to be deposited directly into the horsemen's purse account at all tracks weighted by number of races ran through the year of distribution, thirty percent (30%) to the simulcast sites in the state weighted by the annual simulcast handle, five percent (5%) to the track distribution fund, five percent (5%) to the breed distribution fund, five percent (5%) to the Idaho state racing commission, five percent (5%) to the public school income fund, and ten percent (10%) for track operating expenses at the live tracks with distribution weighted on the number of race days. All moneys in the track operating accounts are hereby continuously appropriated to the commission for payment as required by this section. For purposes of this section, wagering instructions concerning funds held in an advance deposit account shall be deemed to be issued within the licensee's enclosure. As used in this section, "source market fee" means that part of a wager, made outside of the state by an Idaho resident, that is returned to the state of Idaho. The commission may promulgate rules pursuant to chapter 52, title 67, Idaho Code, to implement the provisions of this subsection.

(11) Pari-mutuel taxes or commissions may not be imposed on any amounts wagered in an interstate combined wagering pool other than amounts wagered within this jurisdiction.

(12) No licensee shall engage in any anticompetitive or deceptive practices in the process of contracting for the right to send any interstate simulcast signal to a licensed facility in Idaho. For purposes of this subsection, anticompetitive or deceptive practices shall include, but not be limited to:

(a) Any agreement to charge excessive or unreasonable fees for the right to receive an interstate signal. In determining whether a fee is excessive or unreasonable, the commission shall consider prevailing rates paid for comparable signals in the past, prevailing rates paid outside Idaho and whether any commonality of ownership or revenue sharing exists, partially or wholly, between the Idaho licensee and the entity receiving the simulcast fees; or

(b) Any agreement, combination, trust or joint enterprise with any other track or entity in which multiple interstate signals are bundled together for the purpose of securing an excessive or unreasonable fee for one (1) or more signals in the group in exchange for the right to receive any of the signals in the group; or

(c) Any other activity with the purpose or effect of artificially inflating prices beyond reasonable market rates or passing on or attempting to pass on any portion of the ten percent (10%) advance deposit wagering fee to licensed facilities in Idaho.

The commission may suspend or revoke licenses and may impose civil penalties of up to ten thousand dollars ($10,000) per occurrence for violation of this subsection.

(13) It shall be unlawful to conduct pool selling, bookmaking, or to circulate handbooks, or to bet or wager on a race of any licensed race meet, other than by the pari-mutuel system; and it shall further be unlawful knowingly to permit any minor to use the pari-mutuel system.

History:

[54-2512, added 1963, ch. 64, sec. 12, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1986, ch. 69, sec. 1, p. 194; am. 1990, ch. 374, sec. 1, p. 1036; am. 1991, ch. 56, sec. 3, p. 108; am. 1996, ch. 380, sec. 3, p. 1289; am. 1997, ch. 351, sec. 2, p. 1039; am. 2000, ch. 245, sec. 1, p. 681; am. 2001, ch. 72, sec. 2, p. 152; am. 2003, ch. 312, sec. 1, p. 855; am. 2006, ch. 159, sec. 2, p. 478; am. 2011, ch. 276, sec. 1, p. 749; am. 2012, ch. 320, sec. 1, p. 875; am. 2021, ch. 328, sec. 1, p. 1004.]
Idaho Code § 54-1718 — Idaho Code / Title 54 / Chapter 17 / Section 54-1718
54-1718 LICENSURE AND DISCIPLINE.
Status: in_force

54-1718. Licensure and discipline. (1) The board of pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state, including but not limited to the following:

(a) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;

(b) The renewal of licenses to engage in the practice of pharmacy;

(c) The enforcement of the provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation or restriction of licenses to practice pharmacy;

(d) The regulation of pharmacist interns and technicians;

(e) The cancellation of certificates that fail to maintain the requirements of this chapter; and

(f) The reinstatement of licenses following the completion of thirty (30) hours of continuing education within twenty-four (24) months and compliance with any prior board orders.

(2) The board of pharmacy shall require the following applicants over the age of eighteen (18) to submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code:

(a) Original applicants for a certificate; and

(b) Applicants for reinstatement of a certificate.

History:

[54-1718, added 1979, ch. 131, sec. 3, p. 411; am. 2010, ch. 63, sec. 1, p. 112; am. 2015, ch. 36, sec. 1, p. 75; am. 2018, ch. 37, sec. 2, p. 81; am. 2021, ch. 54, sec. 6, p. 165; am. 2024, ch. 69, sec. 10, p. 347; am. 2024, ch. 101, sec. 2, p. 447; am. 2025, ch. 93, sec. 7, p. 418.]
Idaho Code § 54-2508 — Idaho Code / Title 54 / Chapter 25 / Section 54-2508
54-2508 LICENSE — APPLICATION THEREFOR — TYPE AND NUMBER OF RACES — FEE PER DAY — REFUND — CANCELLATION — HEARING — SIMULCAST PURSE MONEYS FUND.
Status: in_force

54-2508. License — Application therefor — Type and number of races — Fee per day — Refund — Cancellation — Hearing — Simulcast purse moneys fund. It shall be unlawful for any person to hold any race meet in this state without having first obtained and having in force and effect a license issued by the commission as in this chapter provided. Every person making application for a license to hold a race meet, under the provisions of this chapter, shall file an application with the commission which shall set forth the time, place and number of days such will continue, an agreement with a horsemen's group as the term "horsemen's group" is defined in section 54-2502, Idaho Code, and such other information as the commission may require. The agreement shall be reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7, Idaho Code, and shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen's agreement be held in the simulcast purse moneys fund created pursuant to the provisions of this section. Race days agreed upon shall be submitted to the Idaho state racing commission for its approval.

No person who has been convicted of any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, shall be issued a license of any kind, nor shall any license be issued to any person who has violated the terms or provisions of this chapter, or any of the rules of the commission, or who has failed to pay any of the fees, taxes or moneys required under the provisions of this chapter.

All applications to hold race meets shall be submitted to the commission, which shall act upon such applications within thirty (30) days. The commission shall be the sole judge of whether or not the race meet shall be licensed and the number of days the meet shall continue.

The license issued shall specify the kind and character of the race meets to be held, the number of days the race meet shall continue and the number of races per day. For those licensees or facilities that have had a total race handle from both live races and simulcast races exceeding five million dollars ($5,000,000) during the last calendar year in operation, the number of races per day shall not be less than eight (8), and the number of days of racing shall not be less than forty-six (46) unless otherwise agreed by the licensee and the horsemen's group. Provided however, the number of days of racing shall not be less than fifteen (15) and the number of days of racing shall be approved by the Idaho state racing commission. For those licensees or facilities that have had a total race handle from both live races and simulcast races of five million dollars ($5,000,000) or less during the last calendar year in operation, the number of races per day shall not be less than six (6) and the number of days of racing shall not be less than two (2). The licensee shall pay in advance of the scheduled race meet to the state treasurer a fee of not less than twenty-five dollars ($25.00) for each day of racing, which fees shall be placed in the public school income fund of the state of Idaho. Provided, that if unforeseen obstacles arise that prevent the holding or completion of any race meet, the license fee held may be refunded to the licensee, if the commission deems the reason for failure to hold or complete the race meet sufficient. Any unexpired license held by any person who violates any of the provisions of this chapter, pursuant thereto, or who fails to pay to the commission any and all sums required under the provisions of this chapter, shall be subject to cancellation and revocation by the commission. Such cancellation shall be made only after a summary hearing before the commission, of which three (3) days' notice in writing shall be given the licensee, specifying the grounds for the proposed cancellation, and at which hearing the licensee shall be given an opportunity to be heard in opposition to the proposed cancellation.

The simulcast purse moneys fund is hereby created in the state treasury. Moneys in the fund shall consist of all simulcast purse moneys that are accrued as required by horsemen's agreements. Moneys in the fund are hereby perpetually appropriated to the Idaho state racing commission for distribution pursuant to the provisions of horsemen's agreements and rules of the commission. The commission is authorized to promulgate rules providing for the receipt, deposit, withdrawal and distribution of such moneys. The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.

History:

[54-2508, added 1963, ch. 64, sec. 8, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 3, p. 1037; am. 1980, ch. 123, sec. 1, p. 278; am. 1990, ch. 424, sec. 1, p. 1173; am. 1996, ch. 380, sec. 2, p. 1288; am. 1997, ch. 351, sec. 1, p. 1038; am. 2001, ch. 72, sec. 1, p. 152; am. 2002, ch. 56, sec. 1, p. 124; am. 2006, ch. 159, sec. 1, p. 477; am. 2011, ch. 306, sec. 1, p. 873; am. 2020, ch. 175, sec. 26, p. 534.]
Idaho Code § 54-2001 — Idaho Code / Title 54 / Chapter 20 / Section 54-2001
54-2001 SHORT TITLE.
Status: in_force

54-2001. Short title. Sections 54-2001 through 54-2081, Idaho Code, shall be known and may be cited as "Idaho Real Estate License Law."

History:

[54-2001, added 2000, ch. 285, sec. 3, p. 910.]
Idaho Code § 54-2624 — Idaho Code / Title 54 / Chapter 26 / Section 54-2624
54-2624 INSPECTION BY AGENT — TESTS.
Status: in_force

54-2624. Inspection by agent — Tests. All pipes, fittings, valves, vents, fixtures, appliances and appurtenances shall be inspected by a designated, qualified and properly identified agent of the division of occupational and professional licenses to ensure compliance with provisions of this act. In order to make inspections uniform and complete, the board shall make, promulgate and publish such rules as are necessary to ensure that any plumbing system has been designed, constructed, installed, improved, extended or altered in accordance with the provisions of this act and in accordance with the rules made, promulgated and published by the Idaho plumbing board.

History:

[(54-2624) 1957, ch. 214, sec. 29, p. 454; am. 1974, ch. 39, sec. 39, p. 1023; redesignated as sec. 54-2624, 1984, ch. 123, sec. 25, p. 292; am. 1996, ch. 421, sec. 61, p. 1442; am. 2023, ch. 15, sec. 58, p. 108.]
Idaho Code § 54-1904 — Idaho Code / Title 54 / Chapter 19 / Section 54-1904
54-1904 CLASSES OF LICENSES — RIGHTS GRANTED UNDER LICENSES — FEES.
Status: in_force

54-1904. Classes of licenses — Rights granted under licenses — Fees. (1) There shall be seven (7) classes of licenses issued under the provisions of this chapter, which are hereby designated as Classes Unlimited, AAA, AA, A, B, CC, and C, the maximum fee for which shall be as specified in this section. Each applicant for a license shall specify the class of license applied for in his application.

(2) For the purpose of licensing public works contractors under this chapter, the board may adopt rules necessary to determine the classification according to their responsibility and the type and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as in this chapter provided.

(3) The license classes shall be as follows:

(a) Class "Unlimited" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of more than five million dollars ($5,000,000) may, upon application and payment of a license fee not to exceed six hundred dollars ($600), be granted a Class "Unlimited" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "Unlimited" license shall be entitled to engage in the public works contracting business in this state as provided in said license. The renewal fee for a Class "Unlimited" license shall not exceed six hundred dollars ($600). An applicant requesting a Class "Unlimited" license in heavy, highway, specialty or building construction shall have a minimum net worth of one million dollars ($1,000,000) with six hundred thousand dollars ($600,000) in working capital.

(b) Class "AAA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than five million dollars ($5,000,000) may, upon application and the payment of a license fee not to exceed five hundred dollars ($500), be granted a Class "AAA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AAA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AAA" license shall not exceed five hundred dollars ($500).

(c) Class "AA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than three million dollars ($3,000,000) may, upon application and the payment of a license fee not to exceed four hundred dollars ($400), be granted a Class "AA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AA" license shall not exceed four hundred dollars ($400).

(d) Class "A" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than one million two hundred fifty thousand dollars ($1,250,000) may, upon application and the payment of a license fee not to exceed three hundred dollars ($300), be granted a Class "A" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "A" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "A" license shall not exceed three hundred dollars ($300).

(e) Class "B" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than six hundred thousand dollars ($600,000) may, upon application and the payment of a license fee not to exceed two hundred dollars ($200), be granted a Class "B" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "B" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "B" license shall not exceed two hundred dollars ($200).

(f) Class "CC" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than four hundred thousand dollars ($400,000) may, upon application and the payment of a license fee not to exceed one hundred fifty dollars ($150), be granted a Class "CC" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "CC" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "CC" license shall not exceed one hundred fifty dollars ($150).

(g) Class "C" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than two hundred thousand dollars ($200,000) may, upon application and the payment of a license fee not to exceed one hundred dollars ($100), be granted a Class "C" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "C" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "C" license shall not exceed one hundred dollars ($100).

(4) The board shall be vested with the power to fix annually the amount of the original and renewal license fees for each class of license for the ensuing license year. The amount of the license fee so fixed shall not exceed the maximum fee set forth in this section.

(5) Each license issued by the administrator shall clearly indicate the type and scope of work for which the licensee is qualified and licensed. The holder of the license shall be permitted to submit proposals for and perform only those types of work specified in each license. The administrator may extend the permissible type or scope of work to be done under any license when it is determined by the administrator that the applicant meets all of the requirements of this chapter to qualify him to do such other work.

(6) The total of any single bid on a given public works project, or the aggregate total of any split bids, or the aggregate of any base bid and any alternate bid items, or the aggregate total of any separate bid by a licensee of any class, except Class "Unlimited," shall not exceed the estimated cost or bid limit of the class of license held by the licensee. The aggregate total of bids shall include all bids of subcontractors. Subcontractor bids shall not be considered a separate bid for the purposes of computing the bid on a given public works project.

History:

[54-1904, added 1941, ch. 115, sec. 4, p. 212; am. 1955, ch. 223, sec. 3, p. 480; am. 1965, ch. 227, sec. 1, p. 535; am. 1969, ch. 18, sec. 1, p. 30; am. 1973, ch. 92, sec. 1, p. 159; am. 1985, ch. 137, sec. 1, p. 374; am. 1991, ch. 14, sec. 1, p. 30; am. 1996, ch. 332, sec. 1, p. 1126; am. 1999, ch. 201, sec. 4, p. 533; am. 2001, ch. 300, sec. 3, p. 1088; am. 2006, ch. 80, sec. 1, p. 242; am. 2008, ch. 254, sec. 1, p. 744; am. 2012, ch. 63, sec. 1, p. 165; am. 2024, ch. 58, sec. 2, p. 275.]
Idaho Code § 54-5903 — Idaho Code / Title 54 / Chapter 59 / Section 54-5903
54-5903 BOARD OF NATUROPATHIC HEALTH CARE CREATED — MEMBER APPOINTMENT — TERMS.
Status: in_force

54-5903. BOARD OF NATUROPATHIC HEALTH CARE CREATED — MEMBER APPOINTMENT — TERMS. (1) The Idaho board of naturopathic health care is hereby created in the division of occupational and professional licenses. The board shall consist of five (5) members.

(a) For the initial board:

(i) One (1) member shall be a public member;

(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;

(iii) Two (2) members shall be eligible for licensure under this chapter; and

(iv) One (1) member shall be eligible for registration as a naturopath under this chapter.

(b) After the initial board:

(i) One (1) member shall be a public member;

(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;

(iii) Two (2) members shall be licensed under this chapter; and

(iv) One (1) member shall be registered under this chapter.

(2) The governor shall appoint all members of the board. Of the initial members, two (2) shall be appointed for four (4) year terms and three (3) shall be appointed for three (3) year terms. After the initial appointments, all terms of appointment shall be for four (4) years. Each member shall serve until a successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.

(3) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chair and a vice chair and may hold additional meetings at the call of the chair or at the written request of any two (2) members of the board. A majority of the board shall constitute a quorum. The vote of a majority of members present at a meeting wherein a quorum is present shall determine the action of the board. The chair and vice chair shall each serve for a two (2) year term. No chair or vice chair may serve more than two (2) consecutive terms.

(4) 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.

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

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

History:

[54-5903, added 2022, ch. 194, sec. 1, p. 637.]
Idaho Code § 54-908 — Idaho Code / Title 54 / Chapter 9 / Section 54-908
54-908 STATE BOARD OF DENTISTRY — VACANCIES.
Status: in_force

54-908. State board of dentistry — vacancies. (1) The governor may consider recommendations for appointment to the board from the Idaho state dental association and from any individual residing in this state. For the purposes of nominations and appointments, the state shall be divided by the association into four (4) components and nominations and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dentist member.

(2) The governor may also consider recommendations for appointment to the board from the Idaho dental hygienists' association and from any individual residing in this state. For the purposes of appointments, the state shall be divided by the Idaho dental hygienists' association into two (2) components and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dental hygienist member.

History:

[54-908, added 1967, ch. 312, sec. 5, p. 886; am. 1981, ch. 215, sec. 5, p. 392; am. 1983, ch. 126, sec. 2, p. 322; am. 1986, ch. 35, sec. 2, p. 109; am. 1990, ch. 425, sec. 2, p. 1175; am. 1991, ch. 147, sec. 3, p. 348; am. 1994, ch. 58, sec. 8, p. 103; am. 2016, ch. 340, sec. 11, p. 937.]
Idaho Code § 54-2025 — Idaho Code / Title 54 / Chapter 20 / Section 54-2025
54-2025 CERTIFICATION REQUIREMENTS.
Status: in_force

54-2025. Certification requirements. (1) Certification required. Except as otherwise provided in section 54-2023(6)(d), Idaho Code, certification must be obtained by all course providers, instructors teaching any course other than a continuing education elective course, and for all course content in order for the course to be credited toward prelicense or continuing education requirements in Idaho under this chapter.

(2) Courses, instructors and providers monitored. The commission or its representative may monitor any course for the purpose of course, instructor or provider certification.

(3) If the commission at any time determines that an instructor, course or provider is not meeting the requirements for continued commission approval or certification, written notification detailing the deficiencies requiring correction shall be made immediately to the appropriate person. The commission shall take no action to withdraw the certification for thirty (30) days from the date of the written notice. At the expiration of this period, if the deficiencies have not been corrected to the commission's satisfaction, the commission may take action to withdraw certification. Withdrawal of certification shall be governed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and the rules of the commission.

History:

[54-2025, added 2000, ch. 285, sec. 3, p. 925; am. 2001, ch. 123, sec. 11, p. 430; am. 2005, ch. 107, sec. 7, p. 347; am. 2014, ch. 42, sec. 4, p. 104.]
Idaho Code § 54-714 — Idaho Code / Title 54 / Chapter 7 / Section 54-714
54-714 OBSERVATION OF PUBLIC HEALTH LAW.
Status: in_force

54-714. Observation of public health law. Each physician shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases, reporting and certifying deaths and all matters pertaining to public health. Failure to comply with these requirements shall constitute grounds for disciplinary action pursuant to the provisions of this chapter.

History:

[(54-714) 1980, ch. 334, sec. 2, p. 869; am. and redesig. 1993, ch. 157, sec. 7, p. 407.]
Idaho Code § 54-1119 — Idaho Code / Title 54 / Chapter 11 / Section 54-1119
54-1119 AUTHORITY OF DEPARTMENT OF HEALTH AND WELFARE TO CONTROL HANDLING OF DEAD BODIES — RULES AND REGULATIONS.
Status: in_force

54-1119. Authority of department of health and welfare to control handling of dead bodies — Rules and regulations. The department of health and welfare shall have the jurisdiction to regulate, control and supervise the preservation, embalming, handling, transportation and burial or disposal of all dead human bodies and all methods preparatory thereto; and that said department is hereby authorized to make and enforce such rules and regulations relating thereto as in its opinion are necessary to preserve and protect the public health.

History:

[54-1119, added 1970, ch. 70, sec. 18, p. 167; am. 1974, ch. 13, sec. 104, p. 138.]
Idaho Code § 54-921 — Idaho Code / Title 54 / Chapter 9 / Section 54-921
54-921 REINSTATEMENT OF CANCELED LICENSE.
Status: in_force

54-921. Reinstatement of canceled license. (1) A license that has been canceled for less than two (2) years may be reinstated by submitting all required application and license fees and submitting evidence of completion of all required continuing education hours.

(2) A license that has been canceled for more than two (2) years may be reinstated by satisfying the license requirements of a first-time applicant for licensure and submitting all required application and license fees.

History:

[54-921, added 1949, ch. 102, sec. 21, p. 177; am. 1967, ch. 312, sec. 18, p. 886; am. 1981, ch. 215, sec. 10, p. 396; am. 1994, ch. 58, sec. 21, p. 113; am. 2003, ch. 160, sec. 4, p. 454; am. 2006, ch. 285, sec. 6, p. 879.; am. 2015, ch. 56, sec. 2, p. 150.]
Idaho Code § 54-1927 — Idaho Code / Title 54 / Chapter 19 / Section 54-1927
54-1927 CLAIMS FOR LABOR OR MATERIAL FURNISHED OR EQUIPMENT SUPPLIED — SUIT ON CONTRACTOR'S PAYMENT BOND — PROCEDURE — LIMITATION.
Status: in_force

54-1927. Claims for labor or material furnished or equipment supplied — Suit on contractor's payment bond — Procedure — Limitation. Every claimant who has furnished labor or material or rented, leased, or otherwise supplied equipment in the prosecution of the work provided for in such contract in respect of which a payment bond is furnished under this act, and who has not been paid in full therefor before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by him or material or equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action to final judgment for the sum or sums justly due him and have execution thereon; provided, however, that any such claimant having a direct contractual relationship with a subcontractor of the contractor furnishing such payment bond but no contractual relationship expressed or implied with such contractor shall not have a right of action upon such payment bond unless he has given written notice to such contractor within ninety (90) days from the date on which such claimant performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the person to whom the material or equipment was furnished or supplied or for whom the labor was done or performed. Each notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business or at his residence.

The contracting body and the agent in charge of its office, is authorized and directed to furnish, to anyone making application therefor who submits an affidavit that he has supplied labor, equipment, or materials for such work and payment therefor has not been made or that he is being sued on any such bond, or that it is the surety thereon, a certified copy of such bond and the contract for which it was given, which copy shall be prima-facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of the preparation thereof.

Every suit instituted on the aforesaid payment bond shall be brought in appropriate court in any county in which the contract was to be performed and not elsewhere; provided, however, that no such suit shall be commenced after the expiration of one (1) year from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material or equipment for which such suit is brought, except, that if the claimant is a subcontractor of the contractor, no such suit shall be commenced after the expiration of one (1) year from the date on which final payment under the subcontract became due.

History:

[54-1927, added 1965, ch. 28, sec. 3, p. 43; am. 1980, ch. 199, sec. 2, p. 461.]
Idaho Code § 54-2511 — Idaho Code / Title 54 / Chapter 25 / Section 54-2511
54-2511 PUBLIC LIABILITY INSURANCE.
Status: in_force

54-2511. Public liability insurance. For the protection of the public, and all members thereof, the exhibitors and visitors, every person licensed to conduct a race meet under the provisions of this act shall carry public liability insurance in an amount and form of contract and with a company to be approved by the commission.

History:

[54-2511, added 1963, ch. 64, sec. 11, p. 246; am. 1969, ch. 221, sec. 1, p. 724.]
Idaho Code § 54-406 — Idaho Code / Title 54 / Chapter 4 / Section 54-406
54-406 DUTIES OF COMMISSION — SANCTIONING PERMITS — LICENSING — EXEMPTIONS — MEDICAL CERTIFICATION.
Status: in_force

54-406. Duties of commission — Sanctioning permits — Licensing — Exemptions — Medical certification. (1) The commission shall have power, and it shall be its duty, to direct, supervise and control all amateur and professional contests and exhibitions within the state and no such contest or exhibition shall be held or given within this state except in accordance with the provisions of this chapter. The commission has authority to adopt rules to implement the provisions of this chapter and to implement each of the duties and responsibilities conferred upon the commission including, but not limited to:

(a) Development of an ethical code of conduct for commissioners, commission staff and commission officials;

(b) Facility and safety requirements relating to the ring, floor plan and apron seating, emergency medical equipment and services, and other equipment and services necessary for the conduct of a program of matches;

(c) Requirements regarding a participant's apparel, bandages, handwraps, gloves, mouthpiece and appearance during a match;

(d) Requirements relating to a manager's participation, presence and conduct during a match;

(e) Duties and responsibilities of all licensees under this chapter;

(f) Procedures for hearings and resolution of disputes, including the commission's recovery of its costs and fees incurred from an unsuccessful challenger of a contest decision as well as a deposit in an amount determined by the commission;

(g) Qualifications for appointment of referees and judges;

(h) Designation and duties of a knockdown timekeeper;

(i) Setting fee and reimbursement schedules for referees and other officials appointed by the commission or the representative of the commission;

(j) Establishment of criteria for approval, disapproval, suspension of approval and revocation of approval of amateur sanctioning organizations for amateur contests and exhibitions held in this state including, but not limited to, the health and safety standards the organizations use before, during and after the matches to ensure the health, safety and well-being of the amateur combatants participating in the matches, including the qualifications and numbers of health care personnel required to be present, the qualifications required for referees, and other requirements relating to the health, safety and well-being of the amateur combatants participating in the matches. The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of United States amateur boxing, inc., as the minimum health and safety standards for an amateur boxing sanctioning organization, and the health and safety standards of the international amateur kickboxing sport association as the minimum health and safety standards for an amateur kickboxing sanctioning organization; and

(k) Establish fees to be paid by an amateur athletic sanctioning organization that is approved pursuant to subsection (3)(b)(ii) of this section, which fees shall include:

(i) Initial and annual application processing fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000); and

(ii) Initial and annual approval fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).

(2) The commission may, in its discretion, issue or refuse to issue and for cause immediately revoke any sanctioning permit whether or not an admission fee is charged by any person, organization, association or fraternal society. The commission may also, in its discretion, issue or refuse to issue and for cause immediately revoke, suspend or otherwise discipline licenses for participants of sanctioned contests and exhibitions. The commission may recover the costs and fees incurred in the investigation and prosecution of a licensee or permit holder who is found in violation of the provisions of this chapter or the commission's rules.

(3) Specifically exempt from the provisions of this chapter are all contests or exhibitions that:

(a) Are contests or exhibitions conducted by any secondary school, college or university, whether public or private, where all the participating contestants are bona fide students enrolled in any secondary school, college or university, within or without this state;

(b) Are entirely contests or exhibitions in which all combatants are amateurs and which have been sanctioned as amateur athletic contests or exhibitions by any of the following associations:

(i) United States amateur boxing, inc., also known as USA boxing, inc., the amateur athletic union of the United States, inc., also known as the national amateur athletic union, the amateur athletic union and the AAU or any similar nationally recognized entity approved by the commission; or

(ii) Any other entity that the commission approves to be an amateur athletic sanctioning organization, which approval shall be subject to annual review for purposes of renewal. Notwithstanding any other provision of this chapter, the promoter of any contest or exhibition sanctioned by an organization approved pursuant to this subparagraph shall comply with sections 54-408, 54-411, 54-413, 54-417, 54-419, 54-421 and 54-422, Idaho Code, and the promoter and each participant in such contest or exhibition are subject to sections 54-416, 54-418 and 54-420, Idaho Code, unless specifically exempted by commission rule;

(c) Are contests or exhibitions held under the auspices or sanction of an established nonprofit secondary school activities organization or of its public or nonprofit accredited secondary school members, or held under the auspices or sanction of an established college or university activities organization or its public or not-for-profit accredited college or university members; or

(d) Are contests or exhibitions conducted by any military installation or branch of the United States armed forces, or the state national guard, where the participants are employed by the military installation, are members of the branch of the armed forces, or the state national guard unit conducting the contest or exhibition.

(4) Provided further that every combatant in any contest or exhibition exempt under the provisions of this chapter, prior to engaging in and conducting such contest or exhibition, shall be examined by a licensed physician at least once in each calendar year, or where such contest is conducted by a secondary school, college or university or organization as further described in this section, once in each academic year in which instance the physician shall also designate the maximum and minimum weights at which the combatant shall be medically certified to participate. Provided further that no combatant shall be permitted to participate in any such contest or exhibition in any weight classification other than that or those for which he is certificated. Provided further that the exempted organizations shall be governed by the provisions of section 54-414, Idaho Code, as that section applies to contests or exhibitions conducted by persons exempted in this section from the general provisions of this chapter. No contest or exhibition shall be conducted within this state except pursuant to a license issued in accordance with the provisions of this chapter and the rules of the commission except as hereinabove provided.

History:

[54-406, added 1992, ch. 229, sec. 2, p. 681; am. 2004, ch. 385, sec. 6, p. 1152; am. 2007, ch. 149, sec. 6, p. 449; am. 2009, ch. 93, sec. 3, p. 273; am. 2010, ch. 311, sec. 2, p. 833; am. 2013, ch. 345, sec. 1, p. 929.]
Idaho Code § 54-4511 — Idaho Code / Title 54 / Chapter 45 / Section 54-4511
54-4511 AWARD OF CONTRACTS — DUAL CAPACITY.
Status: in_force

54-4511. award of contracts — Dual capacity. (1) Construction manager representative (CMR). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act only as representative for an owner. In soliciting bids or awarding contracts for public works construction to be entered into by the owner, a licensed construction manager representative shall comply with all notice and bidding laws with which an owner would be required to comply if it were to do the same activities without the assistance of a construction manager. A licensed construction manager representative and the firm of which he is a principal or employee shall not provide construction management services for a construction project on which the licensed construction manager or his firm also provides design services or other construction-related services, whether as a contractor or subcontractor. Provided however, that this section shall not preclude a licensed architect or registered professional engineer from providing public works construction management services which are normally provided by licensed architects or registered professional engineers for a project on which the person or firm has provided design services. Such public works construction management services provided by a licensed architect or registered professional engineer shall not include the procurement of equipment or construction work required by law to be competitively bid for public works construction.

(2) Construction manager/general contractor (CM/GC). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act as both construction manager and general contractor provided the construction manager/general contractor has a valid public works contractor license as a general contractor pursuant to section 54-1902, Idaho Code.

(3) Compensation of a construction manager/general contractor shall be determined pursuant to section 67-2320, Idaho Code.

(4) At such time as the design of a project or a phase of a project is available, the construction work, materials and equipment for construction of a project may be incorporated into the construction manager/general contractor contract based upon bids solicited from licensed public works contractors and from suppliers for all construction work, materials and equipment.

(5) For each portion of the work, competitive bids shall be solicited from not less than three (3) contractors or suppliers deemed to be qualified by the construction manager/general contractor. All bids shall be opened publicly in the presence of a representative of the public entity for whom the project is undertaken and, once opened, bids shall be subject to the public record requirements outlined in title 74, Idaho Code.

(6) All construction work, materials and equipment shall be awarded to the lowest responsive qualified bidder. For good cause, the public entity may approve the award of bids based upon fewer than three (3) bids.

(7) The construction manager/general contractor, or its subsidiaries and affiliated companies, may bid to perform construction work or to supply materials or equipment only if it holds a valid license pursuant to section 54-1902, Idaho Code, and for which it customarily self-performs or supplies such construction work, materials or equipment; provided, the public entity may limit the amount of work the construction manager/general contractor, including its subsidiaries and affiliated companies, may perform under the contract. Bids from the construction manager/general contractor and its subsidiaries or affiliated companies must be opened at the opening of any other bids.

(8) When bidding for all phases of the project has been completed, a guaranteed maximum price for the entire project may be negotiated by the public entity.

(9) No public entity shall enter into a contract with any person or firm for construction management services as construction manager representative or as construction manager/general contractor if such person or firm is required to be licensed under this chapter unless:

(a) Such person holds a valid license or such firm holds a valid certificate issued pursuant to this chapter;

(b) The selection of such construction manager representative or construction manager/general contractor is made pursuant to section 67-2320, Idaho Code; and

(c) All terms of the contract including, but not limited to, terms for management fees, incentive compensation and disposition of any contingency fund, if applicable, are agreed upon in writing.

(10) No proposal, bid, or qualifications shall be accepted or denied and no award of contract under any provision of this section shall be made based on environmental, social, and governance standards. For purposes of this subsection, "environmental, social, and governance standards" means procurement standards that screen or score bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder.

History:

[54-4511, added 1998, ch. 410, sec. 1, p. 1271; am. 2014, ch. 132, sec. 2, p. 368; am. 2016, ch. 35, sec. 1, p. 85; am. 2023, ch. 129, sec. 1, p. 366.]
Idaho Code § 54-5210 — Idaho Code / Title 54 / Chapter 52 / Section 54-5210
54-5210 APPLICATION FOR REGISTRATION.
Status: in_force

54-5210. Application for registration. (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the board and which shall include the following information pertaining to the applicant:

(a) Social security number for natural persons or employer tax identification number for other persons;

(b) The name and address under which the applicant conducts business;

(c) The name and address of each principal, member, partner, shareholder, or any other person claiming an ownership interest in the business entity for which registration is being applied for;

(d) A certificate issued by an insurance company authorized to do business in the state of Idaho or other satisfactory proof that the applicant has procured and has in effect worker's compensation insurance or a statement by the contractor as to why such certificate or coverage is not required for the applicant;

(e) A certificate issued by an insurance company authorized to do business in the state of Idaho that the applicant has procured and has in effect a general liability policy, including products and completed operations insurance covering the applicant's construction operations in the sum of not less than three hundred thousand dollars ($300,000) single limit. The name of the insurance company, the insured and policy number shall be made available only to persons or their insurers stating that they possess a claim against the contractor;

(f) A statement of the type of construction to be undertaken by the applicant, or such other information as may be required by the board pursuant to administrative rules adopted by the board; and

(g) A statement that the applicant and each principal, member, partner, shareholder or any other person claiming an ownership interest in the business entity for which registration is being applied for herein has never been denied, surrendered or had revoked a contractor's license or registration privilege in this or any other state or, if a license or registration privilege has been denied, surrendered or revoked in this or any other state, an explanation of any such denial, surrender or revocation.

(2) Along with such application, the applicant shall submit a registration fee as may be set by the board to cover its administrative and enforcement costs, not to exceed one hundred fifty dollars ($150) per year.

(3) An application for registration that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases.

History:

[54-5210, added 2005, ch. 153, sec. 1, p. 476; am. 2009, ch. 89, sec. 1, p. 258.]
Idaho Code § 54-5207 — Idaho Code / Title 54 / Chapter 52 / Section 54-5207
54-5207 GENERAL POWERS AND DUTIES OF THE BOARD.
Status: in_force

54-5207. General powers and duties of the board. The board shall enforce the minimum standards and requirements as provided by this chapter and by rule adopted by the board. The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter and it may, among other things:

(1) Accept or reject applications for registration and establish the fees to be charged for application, registration and renewal, subject to the provisions of this chapter;

(2) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of contracting and to the public upon request;

(3) Furnish standards and procedures and prescribe reasonable rules for applications, qualifications and registration of contractors, including proration of registration fees and staggering initial annual registration;

(4) Under such rules as it may adopt, investigate, classify and determine the qualifications of applicants for registration pursuant to this chapter; and

(5) Contract with the division of occupational and professional licenses to provide administrative services.

History:

[54-5207, added 2005, ch. 153, sec. 1, p. 475; am. 2022, ch. 94, sec. 64, p. 324; am. 2023, ch. 218, sec. 17, p. 639.]
Idaho Code § 54-5016 — Idaho Code / Title 54 / Chapter 50 / Section 54-5016
54-5016 PERMITS REQUIRED — EXCEPTION — LOCAL GOVERNMENT FEES ALLOWED.
Status: in_force

54-5016. Permits required — Exception — Local government fees allowed. (1) On and after January 1, 2005, it shall be unlawful for any person, firm, partnership, company, association or corporation to do or cause to be done, whether acting as principal, agent or employee, any construction, installation, improvement, extension or alteration of any heating, ventilation or air conditioning system in any building, residence or structure in the state of Idaho without first obtaining a permit from the authority having jurisdiction authorizing such work to be done, except that no permit shall be required to perform work related to repair or maintenance of an existing HVAC system.

(2) To the extent that a plumbing or electrical installation permit issued by the Idaho division of occupational and professional licenses includes any part of an HVAC system installation, or an HVAC installation permit issued by the division includes any part of a plumbing or electrical installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspection requirements of the other division entities.

(3) The plumbing, HVAC and electrical boards shall promulgate rules adopting fees that will allow the division of occupational and professional licenses entity issuing a permit to charge, in addition to the permit fee it would originally charge, additional permit fees that relate to the HVAC portion of an installation for which a plumbing or electrical installation permit is being obtained, or the electrical and plumbing portions of an installation for which an HVAC permit is being obtained.

(4) No provision of this chapter shall preclude local governments from collecting fees for permits and inspections where such work is regulated and enforced by city or county code or ordinance. Municipalities may also require fees for permits and inspections in areas designated by local code or ordinance as areas of city impact.

History:

[54-5016, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 11, p. 864; am. 2007, ch. 197, sec. 7, p. 602; am. 2023, ch. 15, sec. 69, p. 113.]
Idaho Code § 54-3705 — Idaho Code / Title 54 / Chapter 37 / Section 54-3705
54-3705 LIMITED PERMIT — TEMPORARY LICENSE.
Status: in_force

54-3705. Limited permit — temporary license. (1) A limited permit may be granted to a graduate occupational therapist or a graduate occupational therapy assistant who has completed the education and experience requirements of this chapter for an occupational therapist or an occupational therapy assistant. The permit shall allow a person to practice occupational therapy under supervision as defined in section 54-3715, Idaho Code. This permit shall be valid for a period of six (6) months or as extended by the board.

(2) A temporary license may be issued by the board to an applicant who is currently licensed and in good standing to practice in another jurisdiction and meets the requirements for licensure by endorsement of the other jurisdiction while the application is being processed by the board.

History:

[54-3705, added 1987, ch. 69, sec. 1, p. 125; am. 2009, ch. 222, sec. 5, p. 695; am. 2013, ch. 14, sec. 1, p. 24.]
Idaho Code § 54-2048 — Idaho Code / Title 54 / Chapter 20 / Section 54-2048
54-2048 RESPONSIBLE BROKER FOR THE TRANSACTION — DUTIES AND RECORDKEEPING.
Status: in_force

54-2048. Responsible broker for the transaction — Duties and recordkeeping. The "responsible broker," as referred to in this section, shall be responsible to the commission for the transaction, transaction records, the funds and closing in accordance with the requirements of this chapter. The broker who lists and sells any real property shall be deemed the responsible broker in the transaction. In the case of a cooperative sale, the broker who holds entrusted funds in a real estate trust account while the transaction is pending, or who delivers or transfers the funds to the closing agency or any authorized party other than the cooperating broker in the transaction, shall be deemed the broker responsible for the transaction. The responsible broker shall:

(1) Ensure the correctness and delivery of detailed closing statements that accurately reflect all receipts and disbursements for their respective accounts to both the buyer and seller in a transaction, even if the closing is completed by a real estate escrow closing agent, title company or other authorized third party and regardless of the responsible broker's agent or nonagent relationship to the buyer or seller.

(2) Show proof of delivery of the closing statement to the buyer and seller by their signatures on copies of such closing statements, which shall be retained in the broker's transaction file. When signatures of the parties cannot be obtained, a copy of the closing statement transmittal letter, sent by certified mail, return receipt requested, or a written certification of delivery signed by an officer of the escrow closing agency, shall be retained in the broker's transaction files.

(3) Create and maintain, for the retention period required in section 54-2049, Idaho Code, a transaction file containing the following documents, as applicable. For all pending, closed or fallen transactions, the original or a true and correct copy of:

(a) Signed closing statements, if applicable;

(b) Written and signed brokerage representation agreements, if any. A responsible broker who is representing both the seller and the buyer in a transaction shall retain properly executed brokerage representation agreements in the transaction file and, if appropriate to the transaction, a properly executed "consent to limited dual representation" statement. A responsible broker who has a signed brokerage representation agreement with only one (1) party to the transaction, either buyer or seller, must retain only that one (1) agreement in the transaction file;

(c) All offers accepted, countered or rejected, which must each be retained in the manner required in section 54-2049, Idaho Code;

(d) The original or a true and correct copy of all rejected offers must be retained in the files of the selling broker for the statutory records retention period in section 54-2049, Idaho Code.

History:

[54-2048, added 2000, ch. 285, sec. 3, p. 938; am. 2020, ch. 87, sec. 4, p. 235.]
Idaho Code § 54-5809 — Idaho Code / Title 54 / Chapter 58 / Section 54-5809
54-5809 EXAMINATIONS.
Status: in_force

54-5809. examinations. The scope of the examinations for licensure and the methods of procedure shall be prescribed by the board with special reference to the applicant's general knowledge in the particular practices for which a license is sought and the applicant's ability to perform the particular work satisfactorily. Examinations shall include both a practical demonstration and a written test.

History:

[54-5809, added 2018, ch. 228, sec. 3, p. 526.]
Idaho Code § 54-1419 — Idaho Code / Title 54 / Chapter 14 / Section 54-1419
54-1419 ADVANCED PRACTICE REGISTERED NURSE COMPACT.
Status: in_force

54-1419. advanced practice registered nurse compact. [effective date — see article x of compact] The terms and conditions of the advanced practice registered nurse compact are hereby enacted in substantially the following form:

ADVANCED PRACTICE REGISTERED NURSE COMPACT

ARTICLE I

FINDINGS AND DECLARATION OF PURPOSE

a. The party states find that:

1. The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse (APRN) licensure requirements and the effectiveness of enforcement activities related to state APRN licensure laws;

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

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

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

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

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

b. The general purposes of this compact are to:

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

2. Ensure and encourage the cooperation of party states in the areas of APRN licensure and regulation, including promotion of uniform licensure requirements;

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

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

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

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

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

ARTICLE IIDEFINITIONS

As used in this compact:

a. "Advanced practice registered nurse" or "APRN" means a registered nurse who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the interstate commission of APRN compact administrators ("commission") and who is licensed to perform advanced nursing practice. An advanced practice registered nurse is licensed in an APRN role that is congruent with an APRN educational program, certification and commission rules.

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

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

d. "APRN licensure" means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.

e. "APRN uniform licensure requirements" means minimum uniform licensure, education and examination requirements as adopted by the commission.

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

g. "Current significant investigatory information" means:

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

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

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

i. "Home state" means the party state that is the APRN's primary state of residence.

j. "Licensing board" means a party state's regulatory body responsible for regulating the practice of advanced practice registered nursing.

k. "Multistate license" means an APRN license to practice as an APRN issued by a home state licensing board that authorizes the APRN to practice as an APRN in all party states under a multistate licensure privilege in the same role and population focus as the APRN is licensed in the home state.

l. "Multistate licensure privilege" means a legal authorization associated with an APRN multistate license that permits an APRN to practice as an APRN in a remote state in the same role and population focus as the APRN is licensed in the home state.

m. "Noncontrolled prescription drug" means a device or drug that is not a controlled substance and is prohibited under state or federal law from being dispensed without a prescription. The term includes a device or drug that bears or is required to bear the legend "caution: federal law prohibits dispensing without prescription" or "prescription only" or other legend that complies with federal law.

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

o. "Population focus" means a specific patient population that is congruent with the APRN educational program, certification and commission rules.

p. "Prescriptive authority" means the legal authority to prescribe medications and devices as defined by party state laws.

q. "Remote state" means a party state that is not the home state.

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

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

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

ARTICLE III

GENERAL PROVISIONS AND JURISDICTION

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

b. By rule, the commission shall adopt the APRN uniform licensure requirements ("ULRs"). The ULRs shall provide the minimum requirements for APRN multistate licensure in party states, provided that the commission may adopt rules whereby an APRN, with an unencumbered license on the effective date of this compact, may obtain, by endorsement or otherwise, and retain a multistate license in a party state.

c. In order to obtain or retain a multistate license, an APRN must meet, in addition to the ULRs, the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws.

d. By rule, the commission shall identify the approved APRN roles and population foci for licensure as an APRN. An APRN issued a multistate license shall be licensed in an approved APRN role and at least one (1) approved population focus.

e. An APRN multistate license issued by a home state to a resident in that state will be recognized by each party state as authorizing the APRN to practice as an APRN in each party state, under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state. If an applicant does not qualify for a multistate license, a single-state license may be issued by a home state.

f. Issuance of an APRN multistate license shall include prescriptive authority for noncontrolled prescription drugs unless the APRN was licensed by the home state prior to the home state's adoption of this compact and has not previously held prescriptive authority.

1. An APRN granted prescriptive authority for noncontrolled prescription drugs in the home state may exercise prescriptive authority for noncontrolled prescription drugs in any remote state while exercising a multistate licensure privilege under an APRN multistate license; the APRN shall not be required to meet any additional eligibility requirements imposed by the remote state in exercising prescriptive authority for noncontrolled prescription drugs.

2. Prescriptive authority in the home state for an APRN who was not granted prescriptive authority at the time of initial licensure by the home state, prior to the adoption of this compact, shall be determined under home state law.

3. Prescriptive authority eligibility for an APRN holding a single-state license shall be determined under the law of the licensing state.

g. For each state in which an APRN seeks authority to prescribe controlled substances, the APRN shall satisfy all requirements imposed by such state in granting and/or renewing such authority.

h. An APRN issued a multistate license is authorized to assume responsibility and accountability for patient care independent of a supervisory or collaborative relationship with a physician. This authority may be exercised in the home state and in any remote state in which the APRN exercises a multistate licensure privilege. For an APRN issued a single-state license in a party state, the requirement for a supervisory or collaborative relationship with a physician shall be determined under applicable party state law.

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

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

k. This compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as satisfying any state law requirement for registered nurse licensure as a precondition for authorization to practice as an APRN in that state.

l. Individuals not residing in a party state shall continue to be able to apply for a party state's single-state APRN license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state.

ARTICLE IV

APPLICATIONS FOR APRN LICENSURE IN A PARTY STATE

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

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

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

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

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

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

ARTICLE V

ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE VI

COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION

a. All party states shall participate in a coordinated licensure information system of all APRNs, licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each APRN, as submitted by party states, to assist in the coordinated administration of APRN licensure and enforcement efforts.

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

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

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

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

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

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

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

1. Identifying information;

2. Licensure data;

3. Information related to alternative program participation information; and

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

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

ARTICLE VII

ESTABLISHMENT OF THE INTERSTATE COMMISSION OF APRN COMPACT ADMINISTRATORS

a. The party states hereby create and establish a joint public agency known as the interstate commission of APRN compact administrators.

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

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

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

b. Membership, voting and meetings.

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

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

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

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

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

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

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

iii. Current, threatened or reasonably anticipated litigation;

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

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

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

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

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

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

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

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

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

1. Establishing the fiscal year of the commission;

2. Providing reasonable standards and procedures:

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

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

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

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

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

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

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

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

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

g. The commission shall have the following powers:

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

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

3. To purchase and maintain insurance and bonds;

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

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

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

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

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

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

10. To establish a budget and make expenditures;

11. To borrow money;

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

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

14. To adopt and use an official seal; and

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

h. Financing of the commission.

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

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

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

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

i. Qualified immunity, defense and indemnification.

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

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

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

ARTICLE VIII

RULEMAKING

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

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

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

1. On the website of the commission; and

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

d. The notice of proposed rulemaking shall include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE IX

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

a. Oversight.

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

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

b. Default, technical assistance and termination.

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

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

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

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

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

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

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

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

c. Dispute resolution.

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

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

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

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

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

d. Enforcement.

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

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

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

ARTICLE X

EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

a. This compact shall come into limited effect at such time as this compact has been enacted into law in ten (10) party states for the sole purpose of establishing and convening the commission to adopt rules relating to its operation and the APRN ULRs.

b. On the date of the commission's adoption of the APRN ULRs, all remaining provisions of this compact and rules adopted by the commission shall come into full force and effect in all party states.

c. Any state that joins this compact subsequent to the commission's initial adoption of the APRN uniform licensure requirements shall be subject to all rules that have been previously adopted by the commission.

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

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

f. Nothing contained in this compact shall be construed to invalidate or prevent any APRN licensure agreement or other cooperative arrangement between a party state and a nonparty state that does not conflict with the provisions of this compact.

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

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

ARTICLE XI

CONSTRUCTION AND SEVERABILITY

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

History:

[54-1419, added 2016, ch. 55, sec. 1, p. 152.]
Idaho Code § 54-4107 — Idaho Code / Title 54 / Chapter 41 / Section 54-4107
54-4107 DISCIPLINARY PROCEEDINGS.
Status: in_force

54-4107. Disciplinary proceedings. The board may refuse to issue, refuse to renew or may suspend, revoke or otherwise sanction any license or certificate issued under this chapter for any of the following:

(1) Procuring licensure or certification pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for licensure or certification or through any form of fraud or misrepresentation;

(2) Being convicted of a felony;

(3) Making any substantial misrepresentation, false promises or false or fraudulent representation;

(4) Violating the provisions of this chapter or any rules of the board;

(5) Being negligent or incompetent in developing an appraisal, in preparing an appraisal report or in communicating an appraisal;

(6) Accepting an appraisal assignment when the employment is contingent upon the licensed or certified appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;

(7) Violating the confidential nature of governmental records to which he gained access through employment as a licensed or certified appraiser by a governmental agency;

(8) Entering into an agreement to perform specialized services for a contingent fee and failing to clearly state this fact in each written and oral report;

(9) Failing as a state-licensed or certified real estate appraiser to actively and personally supervise any person not licensed or certified under the provisions of this chapter who assists said state licensed or certified appraiser in performing real estate appraisals;

(10) Having had a license or certificate to practice revoked, suspended or otherwise sanctioned by any state; or

(11) Failing to comply with a board order entered in a disciplinary matter.

History:

[54-4107, added 1990, ch. 82, sec. 1, p. 168; am. 1992, ch. 92, sec. 7, p. 287; am. 2008, ch. 108, sec. 1, p. 306; am. 2012, ch. 48, sec. 1, p. 143; am. 2020, ch. 104, sec. 1, p. 278; am. 2026, ch. 221, sec. 23, p. 951.]
Idaho Code § 54-2801 — Idaho Code / Title 54 / Chapter 28 / Section 54-2801
54-2801 SHORT TITLE — DECLARATION OF POLICY.
Status: in_force

54-2801. Short title — Declaration of policy. (1) This chapter shall be known as the "Idaho Professional Geologists Act."

(2) In order to safeguard life, health, and property, and to promote the public welfare, the practice of geology in this state is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice, or offer to practice, geology for others in this state, as defined in the provisions of this chapter, or to use in connection with his name or otherwise assume, or advertise any title or description tending to convey the impression that he is a geologist, unless such person has been duly registered or is otherwise exempted under the provisions of this chapter. The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by the certificate of registration, and shall not be transferable.

History:

[54-2801, added 1971, ch. 137, sec. 1, p. 576; am. 2008, ch. 249, sec. 1, p. 731.]
Idaho Code § 54-3702 — Idaho Code / Title 54 / Chapter 37 / Section 54-3702
54-3702 DEFINITIONS.
Status: in_force

54-3702. Definitions. As used in this chapter:

(1) "Association" means the Idaho occupational therapy association.

(2) "Board" means the occupational therapy licensure board of Idaho as set out in section 54-3717, Idaho Code.

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

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

(5) "Good standing" means the individual's license is not currently suspended or revoked by any state regulatory entity.

(6) "Graduate occupational therapist" means a person who holds a certificate of graduation from an approved occupational therapy curriculum, who has submitted a completed application for certification by examination, and who may practice occupational therapy in association with and under the supervision of an occupational therapist and under authority of a limited permit.

(7) "Graduate occupational therapy assistant" means a person who holds a certificate of graduation from an approved occupational therapy assistant curriculum, who has submitted a completed application for licensure by examination under this chapter and is performing the duties of occupational therapy assistant in association with and under the supervision of an occupational therapist and under the authority of a limited permit.

(8) "License" means a document issued by the board to a person under this chapter authorizing the person to practice as an occupational therapist or occupational therapy assistant.

(9) "Occupational therapist" means a person licensed under this chapter to practice occupational therapy.

(10) "Occupational therapy" means the care and services provided by or under the direction and supervision of an occupational therapist.

(11) "Aide in the delivery of occupational therapy services" means a person who is not licensed by the board and who provides supportive services to occupational therapists and occupational therapy assistants. An aide shall function only under the guidance, responsibility and line of sight supervision of the licensed occupational therapist or an occupational therapy assistant who is appropriately supervised by an occupational therapist. The aide provides only specifically selected client-related or nonclient-related tasks for which the aide has been trained and has demonstrated competence.

(12) "Occupational therapy assistant" means a person licensed under this chapter to practice occupational therapy and who works under the supervision of an occupational therapist.

(13) "Practice of occupational therapy" means the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for the purpose of promoting health and wellness and to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being and quality of life. The practice of occupational therapy includes:

(a) Development of occupation-based plans, methods or strategies selected to direct the process of interventions such as:

(i) Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired.

(ii) Compensation, modification, or adaptation of activity or environment to enhance performance.

(iii) Maintenance and enhancement of capabilities without which performance in everyday life activities would decline.

(iv) Health promotion and wellness to enable or enhance performance in everyday life activities.

(v) Prevention of barriers to performance, including disability prevention.

(b) Evaluation of factors affecting a client's occupational performance areas of activities of daily living (ADL), instrumental activities of daily living (IADL), rest and sleep, education, work, play, leisure, and social participation, including:

(i) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive), values, beliefs, and spirituality, and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems).

(ii) Performance patterns, including habits, routines, roles, and behavior patterns.

(iii) Contexts and activity demands that affect performance, including cultural, physical, environmental, social, virtual and temporal.

(iv) Performance skills, including sensory perceptual skills, motor and praxis skills, emotional regulation skills, cognitive skills, communication and social skills.

(c) Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, rest and sleep, including:

(i) Therapeutic use of occupations, exercises, and activities.

(ii) Training in self-care, self-management, home management, and community/work reintegration.

(iii) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavioral skills.

(iv) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process.

(v) Education and training of individuals, including family members, caregivers, and others.

(vi) Care coordination, case management, and transition services.

(vii) Consultative services to groups, programs, organizations, or communities.

(viii) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles.

(ix) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices.

(x) Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management.

(xi) Driver rehabilitation and community mobility.

(xii) Management of feeding, eating, and swallowing to enable eating and feeding performance.

(xiii) Application of superficial, thermal and mechanical physical agent modalities, and use of a range of specific therapeutic procedures (such as basic wound management; techniques to enhance sensory, perceptual, and cognitive processing; therapeutic exercise techniques to facilitate participation in occupations) to enhance performance skills.

(xiv) Use of specialized knowledge and skills as attained through continuing education and experience for the application of deep thermal and electrotherapeutic modalities, therapeutic procedures specific to occupational therapy and wound care management for treatment to enhance participation in occupations as defined by rules adopted by the board.

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

History:

[54-3702, added 1987, ch. 69, sec. 1, p. 124; am. 1998, ch. 153, sec. 1, p. 527; am. 2009, ch. 222, sec. 2, p. 691; am. 2018, ch. 51, sec. 1, p. 131; am. 2022, ch. 94, sec. 53, p. 316.]
Idaho Code § 54-411 — Idaho Code / Title 54 / Chapter 4 / Section 54-411
54-411 STATEMENT AND REPORT OF EVENT — TAX ON GROSS RECEIPTS.
Status: in_force

54-411. Statement and report of event — Tax on gross receipts. (1) Any promoter as herein provided shall, at least seven (7) days prior to the holding of any contest or exhibition, file with the commission a statement setting forth the name of each combatant, his manager or managers, the total number of tickets available for the contest or exhibition and such other information as the commission may require. The promoter shall pay to the commission at the time of the sanctioning permit application an initial event tax of one thousand dollars ($1,000). Within seventy-two (72) hours after the termination of any contest or exhibition the promoter shall file with the commission representative a gross receipts report, duly verified as the commission may require showing the number of tickets sold for such contest or exhibition, the price charged for such tickets and the gross receipts thereof without any deduction whatsoever, and such other and further information as the commission may require. If the initial event tax previously paid is less than nine percent (9%) of the gross receipts for the event, then the promoter shall pay to the commission at the time of filing the above report an additional event tax equal to nine percent (9%) of the gross receipts, minus the initial event tax previously paid, for deposit by the commission.

(2) All tickets for any contest or exhibition shall be issued, sold and distributed by an independent ticket distributor or broker not associated with the promoter and not associated with the venue unless approved by the commission. The number of complimentary tickets shall be limited to two percent (2%) of the total tickets sold per event location. All complimentary tickets exceeding this set amount shall be subject to taxation. The promoter shall limit the number of persons admitted to the event to the number of available tickets that are actually sold, given away or otherwise issued for the event.

(3) Gross receipts reports signed under oath shall also include:

(a) The name of the promoter;

(b) The contest or exhibition sanctioning permit number;

(c) The promoter's business address and any license or sanctioning permit number required of such promoter by law;

(d) Gross receipts as specified by this section, during the period specified by this section; and

(e) Such further information as the commission may require to enable it to compute correctly and collect the assessment levied pursuant to this section.

(4) In addition to the information required on gross receipts reports, the commission may request, and the promoter shall furnish, any information deemed necessary for a correct computation of the assessment levied pursuant to this section.

(5) All levies pursuant to this section shall be collected by the commission and shall be deposited in the state treasury to the credit of the occupational licenses fund.

(6) The moneys collected from the assessment levied pursuant to the provisions of this section shall be in addition to all other revenues and funds received by the commission.

(7) The promoter shall compute and pay to the commission the required assessment due. If the payment of the assessment is not postmarked or delivered to the commission as specified in subsection (1) of this section, the assessment shall be delinquent from such date. In addition, if the promoter has not paid the initial event tax as provided in subsection (1) of this section, the promoter shall not hold the event.

(8) Of the moneys collected by the commission pursuant to the tax authorized in subsection (1) of this section, up to five percent (5%) of said tax may be used by the commission for the promotion and support of amateur contests and exhibitions in this state. All parties interested in receiving a distribution must submit an application to the commission which shall include the name of the person or entity applying and a detailed description of what the applicant intends to do with the distribution if granted. The commission shall consider all applications and assign distributions, if any, at the end of each fiscal year to those applicants the commission deems most qualified. The commission may make such distributions only if the commission has a positive balance within the occupational licenses fund and sufficient revenue to cover its projected expenses for the upcoming year.

(9) It shall be the duty of every promoter required to make a gross receipts report and pay any assessment pursuant to the provisions of this section to keep and preserve suitable records and documents which may be necessary to determine the amount of assessment due as will substantiate and prove the accuracy of such reports. All such records shall be preserved for a period of three (3) years, unless the commission, in writing, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the commission or by its authorized agents.

(10) In the event the state athletic commission's debt owed to the division of occupational and professional licenses exceeds two hundred thousand dollars ($200,000), the commission's operations will be suspended, including issuance of licenses and permits. In order for the commission's operations to be reinstated all outstanding debt owed to the division of occupational and professional licenses must be paid in full.

History:

[(54-411) 54-409, added 1992, ch. 229, sec. 2, p. 682; am. and redesig. 2004, ch. 385, sec. 11, p. 1155; am. 2007, ch. 149, sec. 8, p. 451; am. 2008, ch. 113, sec. 1, p. 317; am. 2009, ch. 93, sec. 7, p. 276; am. 2010, ch. 311, sec. 5, p. 836; am. 2013, ch. 345, sec. 2, p. 931; am. 2022, ch. 94, sec. 11, p. 291.]
Idaho Code § 54-3003 — Idaho Code / Title 54 / Chapter 30 / Section 54-3003
54-3003 QUALIFICATIONS — EXAMINATIONS — BOARD — LICENSES — FEES — ENDORSEMENT — EXEMPTIONS — INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS — RESTRICTION ON USE OF NAME — SEAL.
Status: in_force

54-3003. Qualifications — Examinations — Board — Licenses — Fees — Endorsement — Exemptions — Individuals, partnerships and corporations — Restriction on use of name — Seal. (1) Application and practice. In order to safeguard human health and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice landscape architecture shall be required to submit evidence of qualifications to practice and shall be issued a license under the provisions of this chapter.

(2) Qualifications. For licensure as a landscape architect, evidence must be submitted to the board that the applicant:

(a) Is eighteen (18) years of age or older;

(b) Has graduated from a college or school of landscape architecture approved by the board. In lieu of graduation from an approved college or school of landscape architecture, an applicant may present evidence of at least eight (8) years of experience or education in landscape architecture of a grade and character satisfactory to the board, as established by rule, that the applicant is competent to practice landscape architecture; and

(c) Has successfully passed an examination approved by the board.

(3) Examinations. The board shall adopt rules covering the subjects and scope of the examinations. Every applicant for license as a landscape architect shall be required, in addition to all other requirements, to establish by written examination his competency to plan, design, specify and supervise the installation and construction of landscape architectural projects. Each written examination may be supplemented by such oral examinations as the board may determine.

(4) Board powers. The board shall have, in addition to the powers set forth elsewhere in this chapter, the following powers and duties:

(a) To adopt rules of professional responsibility; and

(b) To adopt rules requiring the completion of continuing education by each licensee on a biennial basis;

(5) Fees. The amount of fees shall be as determined by the board within the following stated limits:

(a) The application fee not to exceed two hundred dollars ($200).

(b) The fee for an original license and the biennial renewal license fee not to exceed four hundred dollars ($400).

(c) The fee for reinstatement of a license as provided in section 67-2614, Idaho Code.

(6) Endorsement provisions. The board may approve for licensure:

(a) An individual with a current council of landscape architectural registration boards (CLARB) certification; or

(b) With limited examination, an applicant who is legally registered or licensed as a landscape architect in any other state or country whose requirements for registration or licensure are at least substantially equivalent to the requirements of this state.

(7) Exemptions.

(a) None of the provisions of this chapter shall prevent employees of those lawfully practicing as landscape architects from acting under the instruction, control or supervision of their employers.

(b) None of the provisions of this chapter shall apply to the business conducted in this state by any land use planner, horticulturist, nurseryman, or landscape nurseryman, gardener, landscape gardener, or landscape contractor, as these terms are generally used, or any other person, including, but not limited to, their right to plan and supervise in connection therewith, except that no such person shall use the designation "landscape architect," "landscape architecture," or any description tending to convey the impression that they are a licensed landscape architect unless they are registered as provided in this chapter.

(c) This chapter shall not apply to any other professionals licensed to practice their respective professions.

(8) This chapter applies to individuals only.

(a) All licenses shall be issued to individuals only, but nothing contained in this chapter shall prevent a duly licensed landscape architect from rendering professional services for a corporation, firm, partnership or association.

(b) Each partner in a partnership of landscape architects shall be licensed to practice landscape architecture or to provide allied professional services as defined in section 30-21-901, Idaho Code. Subject to this requirement, a partnership of landscape architects may use a partnership name if such name consists of:

(i) The names of two (2) or more landscape architects; or

(ii) The names of one (1) or more landscape architects and one (1) or more professional engineers or architects.

(c) Any person applying to the official of any county or city for a business license to practice landscape architecture shall at the time of such application exhibit to such official satisfactory evidence that such applicant possesses a current Idaho license. The business license shall not be granted until such evidence is presented, any contrary provision of any special act or general act notwithstanding.

(9) Qualifications for practice — seal.

(a) No person shall use the designation "landscape architect" or "landscape architecture" or advertise any title or description tending to convey the impression that the person is a landscape architect, or practicing landscape architecture, unless such person is a licensed landscape architect. Every holder of a license shall display it in the principal office, place of business, or place of employment.

(b) Every landscape architect shall have a seal approved by the board that contains the name of the landscape architect and the words "Licensed Landscape Architect, State of Idaho," and such other words or figures as the board may deem necessary and prescribe.

(i) The seal may be a rubber stamp or an electronically applied seal. Whenever the seal is applied, the licensee's written signature and the date shall be adjacent to or across the seal. The seal, signature and date shall be placed on all final reports, drawings and title pages of specifications, design information and calculations. Whenever presented to a client or to the public, such documents that are not final and do not contain a seal, signature and date shall be clearly marked as "preliminary," "draft," "not for construction" or similar words to distinguish the documents from a finished product.

(ii) The application of the licensee's seal, signature and the date shall constitute certification that the work thereon was prepared by such landscape architect or under the supervision of such landscape architect. Each plan or drawing sheet shall be sealed and signed by the licensee or the licensee's agent responsible for each sheet. The principal landscape architect in charge shall sign and seal the title or first sheet. Copies of electronically produced documents listed in subparagraph (i) of this paragraph that are distributed for informational use, such as for bidding purposes or working copies, may be issued with the licensee's seal and a notice that the original document is on file with the licensee's signature and date. The words "original signed by:" and "date signed:" shall be placed adjacent to or across the seal of the electronic original. The storage location of the original documents shall also be provided. Only the title page of reports, specifications and like documents need bear the seal and signature of the licensee and the date.

History:

[54-3003, added 1972, ch. 390, sec. 3, p. 771; am. 1974, ch. 13, sec. 190, p. 138; am. 1980, ch. 247, sec. 74, p. 640; am. 1986, ch. 53, sec. 1, p. 156; am. 1989, ch. 56, sec. 1, p. 74; am. 1993, ch. 204, sec. 1, p. 560; am. 1996, ch. 66, sec. 7, p. 204; am. 2003, ch. 21, sec. 14, p. 85; am. 2003, ch. 225, sec. 2, p. 579; am. 2006, ch. 128, sec. 1, p. 371; am. 2015, ch. 251, sec. 9, p. 1051; am. 2016, ch. 340, sec. 34, p. 952; am. 2021, ch. 222, sec. 26, p. 639; am. 2022, ch. 42, sec. 4, p. 108; am. 2024, ch. 86, sec. 27, p. 406; am. 2026, ch. 221, sec. 19, p. 947.]
Idaho Code § 54-2009 — Idaho Code / Title 54 / Chapter 20 / Section 54-2009
54-2009 COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM.
Status: in_force

54-2009. Council appointment, qualifications and term. One (1) member of the council shall be named from each of the four (4) geographic districts of the state: north, south, east and west. The education director of the commission shall serve as the council executive at all council meetings and functions. Each education council member shall be appointed for a term of four (4) years. The commission may remove any council member for neglect of duty, for incompetency, or for unprofessional, dishonorable or any other conduct which the commission believes interferes with that person's ability to properly act or serve as a council member.

History:

[54-2009, added 2000, ch. 285, sec. 3, p. 915.]
Idaho Code § 54-1129 — Idaho Code / Title 54 / Chapter 11 / Section 54-1129
54-1129 DECLARATION OF INTENT.
Status: in_force

54-1129. Declaration of intent. It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of prearrangement sales contract trust funds to assure funds for the performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral and cemetery merchandise and funeral and cemetery services, and to provide for the disbursement and allocation of trust funds upon the certified seller's performance of its contractual obligations. The sections of Idaho Code specified herein shall not affect the provisions of sections 54-1101 through 54-1121 and section 54-1128, Idaho Code.

History:

[54-1129, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 8, p. 748; am. 2026, ch. 221, sec. 86, p. 968.]
Idaho Code § 54-3406 — Idaho Code / Title 54 / Chapter 34 / Section 54-3406
54-3406 ENDORSEMENT.
Status: in_force

54-3406. Endorsement. Upon payment of the fee enumerated in this chapter, the board may grant a license to any person who, at the time of application, is licensed or certified as a licensed professional counselor, licensed clinical professional counselor, licensed associate marriage and family therapist or licensed marriage and family therapist by an agency located in another state, territory or foreign country and who meets the qualifications established by board rule.

History:

[54-3406, added 1982, ch. 183, sec. 1, p. 483; am. 2001, ch. 71, sec. 7, p. 149; am. 2001, ch. 83, sec. 5, p. 209; am. 2012, ch. 68, sec. 8, p. 198.]
Idaho Code § 54-2044 — Idaho Code / Title 54 / Chapter 20 / Section 54-2044
54-2044 TRUST ACCOUNT RECORDKEEPING — FORMAT OF RECORDS REQUIRED.
Status: in_force

54-2044. Trust account recordkeeping — Format of records required. In order that the financial interests of the consumers of Idaho be adequately protected, each designated broker is required to create and maintain the following records regarding any real estate trust account, and is required to reconcile and balance each trust account with all ledger records, the check register and the bank statement at least once each month. Any electronic recordkeeping system is required to have a generally accepted and adequate backup system in use at all times.

(1) Maintenance ledger record. A separate ledger card or record, herein called "ledgers," identified as "trust account maintenance fund" shall be initiated when the broker's or firm's funds are initially deposited into the trust account. These ledgers shall be filed at all times with the broker's current "open" ledgers of pending transactions. Additions or deductions to trust account maintenance funds shall be posted to the ledger records as soon as the broker is given notice of the deposit or deduction. The balance on this maintenance fund ledger shall be kept current at all times.

(2) Individual trust ledger records. An individual trust ledger shall be immediately created whenever a broker, or any licensed or unlicensed person representing the broker, receives earnest money or other consideration, even if the consideration will be deposited with, held by, paid directly to, transferred or delivered to a title company, other approved depository, or any other person, as directed in writing, and signed by both parties to the transaction. Receipt of consideration, for purposes of this chapter, occurs when the broker or any person representing the broker, takes physical possession of the consideration or assumes the responsibility to deliver or deposit it.

(3) When a broker deposits funds with another broker, an approved depository, or directly to the seller or any other person, as directed in writing by both parties to the transaction, a ledger record must be created by the transferring broker, with a transaction number assigned. Upon transfer of funds or consideration, a receipt for such deposit shall be obtained and retained in the transaction files of the transferring broker. The receipt must show the name of the payee and date of transfer.

(4) Additional requirements for creating an individual trust ledger record are set forth in section 54-2045, Idaho Code. Individual trust ledger records must each be assigned a transaction number. In addition, each individual trust account ledger record created must contain:

(a) The next chronological transaction number for each transaction;

(b) The names of both parties to the transaction;

(c) The location of the property;

(d) The date of each deposit and disbursement;

(e) The name of the payor or payee;

(f) The amount and check number of each disbursement;

(g) The amount and nature of the deposit;

(h) The current balance; and

(i) After the transaction is closed, each individual ledger record must show the final disposition of the transaction and funds.

A broker's trust account ledger records must be maintained with one (1) file, electronic or hard copy, for closed, terminated and rejected transactions, and a separate file for transactions pending but not closed. Ledger records shall be kept in alphabetical order or by transaction number. Ledger posting must be kept current at all times.

(5) Trust account checks. The broker shall maintain consecutively numbered checks for each trust account, which checks must:

(a) Contain the broker's licensed business name and current business address; and

(b) Be imprinted with the words "real estate trust account."

(6) Check register or journal. A check register or journal must be posted properly, maintained and kept current by the broker at all times even if funds are held at a title company or other approved depository. The register must itemize deposits and disbursements in consecutive order, and must also clearly show:

(a) The date of the deposit or disbursement;

(b) The payee or payor;

(c) The amount and purpose of any deposits or disbursements;

(d) The check number;

(e) The transaction number; and

(f) The current cash balance remaining in that trust account.

(7) Duplicate bank deposit record. For each trust account, the broker shall maintain, in hard copy, a duplicate bank deposit record, which shall be imprinted with the broker's business name and the words, "real estate trust account." Each deposit record shall state:

(a) The name of the person or firm placing the money with the broker's office;

(b) The date of the deposit; and

(c) The transaction number. The duplicate deposit record shall be retained in the bank deposit records in proper chronological sequence and shall be date stamped by the bank or the bank deposit receipt shall be attached to the duplicate deposit record in the deposit records.

(8) Real estate trust account checks. For each trust account, the broker shall maintain a set of consecutively numbered checks, which shall be imprinted with the broker's business name and address and the words "real estate trust account." Any check drawn on such a trust account shall be identified by a transaction number noted on the face of the check. Any voided trust account check shall be marked "VOID" and retained in numerical sequence with the other checks for the banking month.

History:

[54-2044, added 2000, ch. 285, sec. 3, p. 935; am. 2007, ch. 98, sec. 9, p. 298.]
Idaho Code § 54-5404 — Idaho Code / Title 54 / Chapter 54 / Section 54-5404
54-5404 FEES.
Status: in_force

54-5404. FEES. (1) 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. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. Actual fees shall be set by administrative rule.

(2) All licenses issued under the provisions of this chapter shall be subject to biennial renewal. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

(3) All fees are nonrefundable.

History:

[54-5404, added 2009, ch. 251, sec. 2, p. 767; am. 2020, ch. 213, sec. 4, p. 622; am. 2022, ch. 94, sec. 72, p. 329; am. 2024, ch. 86, sec. 49, p. 419.]
Idaho Code § 54-4708A — Idaho Code / Title 54 / Chapter 47 / Section 54-4708A
54-4708A ACUPUNCTURE TECHNICIAN.
Status: in_force

54-4708A. acupuncture technician. Individuals who have been granted an acupuncture technician certificate before July 1, 2011, shall be entitled to retain and renew such certificate under the renewal terms as provided in section 54-4710, Idaho Code, and the board's rules, but no new technician certificates shall be issued on and after July 1, 2011.

History:

[54-4708A, added 2011, ch. 75, sec. 5, p. 159.]
Idaho Code § 54-2014 — Idaho Code / Title 54 / Chapter 20 / Section 54-2014
54-2014 LICENSE EXAMS.
Status: in_force

54-2014. License exams. (1) Exam required. Unless a written certificate of waiver is obtained from the commission and submitted with the application, an individual applicant seeking a primary Idaho real estate license shall take and pass the national portion and the Idaho state portion of an approved exam administered by or through the commission. The license applicant shall take and pass the required portion or portions of the exam within no more than twelve (12) months immediately preceding the date of the license application.

(2) Registration for the exam and exam fee. An individual shall register for the exam in a manner authorized by the commission and shall pay at the time of registration the nonrefundable exam fee in an amount established by motion of the commission, not to exceed one hundred fifty dollars ($150).

(3) Waiver of national portion of exam. An individual who has obtained a written certificate from the commission waiving the national portion of the exam shall be required to take and pass the Idaho state portion of the exam only. The certificate of waiver and exam fee shall be submitted with the application for exam.

(4) Failure to appear for the exam or to pass the exam. An individual who fails to appear for the exam or to pass the exam may register to take another exam. The individual must register and submit a new exam fee.

(5) The commission shall establish, by motion, fees for the exam which, in its discretion, are sufficient to raise the revenue required to administer the exam. Fees so established shall remain effective from year to year and may be altered only upon motion by the commission.

History:

[54-2014, added 2000, ch. 285, sec. 3, p. 918; am. 2001, ch. 123, sec. 3, p. 423; am. 2006, ch. 166, sec. 2, p. 504; am. 2012, ch. 87, sec. 1, p. 244.]
Idaho Code § 54-4711 — Idaho Code / Title 54 / Chapter 47 / Section 54-4711
54-4711 SUSPENSION AND REVOCATION.
Status: in_force

54-4711. Suspension and revocation. To protect the health, safety and welfare of the public, the board, in accordance with the requirements of chapter 52, title 67, Idaho Code, may refuse to issue or may refuse to renew a license, certification, or permit or may suspend or revoke a license, certification, or permit, under such conditions as the board may require, if the applicant or holder of the license, certification, or permit has:

(1) Been convicted of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(2) Obtained or attempted to obtain the issuance or renewal of a license, certification or permit pursuant to this chapter by means of fraud, misrepresentation or concealment of material facts;

(3) Engaged in the practice of acupuncture in a manner that does not meet the generally accepted standards for the practice of acupuncture within the state of Idaho;

(4) Failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;

(5) Engaged in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the acupuncturist by the client;

(6) Engaged in conduct that violates the provisions of this chapter, the rules of the board or the terms of any permit issued by the board;

(7) Failed to comply with a board order entered in a disciplinary matter;

(8) Had a license revoked or suspended or has been otherwise disciplined by the board or the proper authorities of another state, territory, or jurisdiction of the United States or another country; or

(9) Had a license or certification in a related field revoked or suspended or has been otherwise disciplined in Idaho or another state, territory, or jurisdiction of the United States or another country.

History:

[54-4711, added 1999, ch. 379, sec. 1, p. 1043; am. 2007, ch. 220, sec. 3, p. 662; am. 2011, ch. 75, sec. 7, p. 160; am. 2020, ch. 53, sec. 3, p. 133; am. 2020, ch. 175, sec. 34, p. 539; am. 2021, ch. 321, sec. 38, p. 981.]
Idaho Code § 54-5613 — Idaho Code / Title 54 / Chapter 56 / Section 54-5613
54-5613 FEES.
Status: in_force

54-5613. FEES. (1) The board shall establish by rule fees for licensure under the provisions of this chapter as follows:

(a) An application fee not to exceed five hundred dollars ($500);

(b) A fee established by rule for an initial full license not to exceed one thousand dollars ($1,000);

(c) A fee established by rule for a provisional license, an endorsement license and an existing genetic counselor license not to exceed one thousand dollars ($1,000);

(d) The fee established by rule for renewal of licenses not to exceed one thousand dollars ($1,000) per renewal cycle; and

(e) Fees charged pursuant to paragraph (b), (c) or (d) of this subsection shall be in addition to the application fee.

(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, 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 hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

History:

[54-5613, added 2015, ch. 128, sec. 1, p. 326; am. 2021, ch. 224, sec. 77, p. 691; am. 2024, ch. 86, sec. 52, p. 420.]
Idaho Code § 54-1227 — Idaho Code / Title 54 / Chapter 12 / Section 54-1227
54-1227 SURVEYS — AUTHORITY AND DUTIES OF PROFESSIONAL LAND SURVEYORS AND PROFESSIONAL ENGINEERS.
Status: in_force

54-1227. Surveys — Authority and duties of professional land surveyors and professional engineers. (1) Every licensed professional land surveyor is hereby authorized to make land surveys and it shall be the duty of each licensed professional land surveyor, whenever making any professional boundary land survey as defined in section 54-1202, Idaho Code, that is not preliminary in nature, to set permanent and reliable magnetically detectable monuments at all unmonumented corners field-located, the minimum size of which shall be one-half (1/2) inch in least dimension and two (2) feet long iron or steel rod, or a metallic post or pipe one (1) inch in least dimension and two (2) feet long with minimum wall thickness of nominal one-eighth (1/8) inch, or other more substantial monuments designed specifically for use as a survey monument. Such monuments must be substantially in the ground, stable, and permanently marked with the license number of the professional land surveyor responsible for placing the monument.

(2) Where special circumstances preclude use of such monuments, the professional land surveyor must place an alternate, stable, permanent monument that is magnetically detectable and marked with the license number of the professional land surveyor placing the monument.

(3) Where the corner position cannot be monumented due to special circumstances, the professional land surveyor must establish reference monuments or a witness corner and mark them as such.

(4) Any found nonmagnetically detectable monument must be remonumented with a magnetically detectable monument compliant with subsections (1) through (3) of this section.

(5) Professional engineers qualified and duly licensed pursuant to this chapter may also perform those other surveys necessary and incidental to their work.

History:

[54-1227, added 1903, sec. 7, p. 81; reen. R.C. & C.L., sec. 1408; C.S., sec. 2240; am. 1921, ch. 158, sec. 1, p. 351; I.C.A., sec. 53-2306; am. 1957, ch. 234, sec. 17, p. 547; am. 1978, ch. 170, sec. 20, p. 388; am. 1986, ch. 140, sec. 22, p. 395; am. 1992, ch. 61, sec. 2, p. 194; am. 1996, ch. 357, sec. 19, p. 1202; am. 2008, ch. 378, sec. 22, p. 1043; am. 2011, ch. 136, sec. 11, p. 391; am. 2015, ch. 116, sec. 2, p. 302; am. 2020, ch. 127, sec. 7, p. 402.]
Idaho Code § 54-1707 — Idaho Code / Title 54 / Chapter 17 / Section 54-1707
54-1707 MEMBERSHIP.
Status: in_force

54-1707. Membership. The board of pharmacy shall consist of seven (7) members who shall be appointed by and serve at the pleasure of the governor. One (1) member shall be a representative of the public, one (1) member shall be a certified registered pharmacy technician who possesses the qualifications specified in section 54-1708, Idaho Code, and five (5) members shall be licensed pharmacists who possess the qualifications specified in section 54-1708, Idaho Code. The board of pharmacy shall have diverse pharmacy practice experience, with at least one (1) member having substantial experience in community pharmacy and at least one (1) member having substantial experience in hospital pharmacy.

History:

[54-1707, added 1979, ch. 131, sec. 3, p. 408; am. 2013, ch. 65, sec. 1, p. 161; am. 2021, ch. 54, sec. 3, p. 164; am. 2024, ch. 69, sec. 4, p. 346; am. 2025, ch. 212, sec. 1, p. 1014.]
Idaho Code § 54-1704 — Idaho Code / Title 54 / Chapter 17 / Section 54-1704
54-1704 DEFINITIONS.
Status: in_force

54-1704. Definitions. In this chapter:

(1) "Accredited school or college of pharmacy" means a school or college that meets the minimum standards of the accreditation council for pharmacy education and appears on its list of accredited schools or colleges of pharmacy.

(2) "Board of pharmacy" or "board" means the Idaho state board of pharmacy.

(3) "Certificate" means a license or registration issued by the board unless specifically stated.

(4) "Chain pharmacy warehouse" means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership and control.

(5) "Colicensed partner or product" means an instance where two (2) or more parties have the right to engage in the manufacturing or marketing of a prescription drug, consistent with the federal food and drug administration's implementation of the prescription drug marketing act.

(6) "Collaborative pharmacy practice" means a pharmacy practice where one (1) or more pharmacists or pharmacies jointly agree to work under a protocol authorized by one (1) or more prescribers to provide patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist under specified conditions.

(7) "Compounding" means the practice in which a pharmacist, a prescriber, or, in the case of an outsourcing facility, a person under the supervision of a pharmacist combines, mixes or alters ingredients of a drug to create a medication tailored to the needs of an individual patient.

(8) "Counseling" or "counsel" means the effective communication by the pharmacist of information, as set out in this chapter, to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices.

(9) "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration.

(10) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar related article, including any component part or accessory that is:

(a) Recognized in the official United States Pharmacopoeia or official National Formulary, other drug compendia or any supplement to them;

(b) Intended for use in the diagnosis of disease or other conditions or the cure, mitigation, treatment or prevention of disease in man or other animal;

(c) Intended to affect the structure or any function of the body of man or other animal, does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

(11) "Dispense" or "dispensing" means the preparation and delivery of a drug pursuant to a lawful prescription drug order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription.

(12) "Distribute" means the delivery of a drug other than by administering or dispensing.

(13) "Distributor" means a supplier of drugs manufactured, produced, or prepared by others to persons other than the ultimate consumer.

(14) "Donation repository" means:

(a) A community health center;

(b) A free medical clinic as defined in section 39-7702, Idaho Code;

(c) A designated regional behavioral health center as described in chapter 31, title 39, Idaho Code;

(d) A state charitable institution as described in chapter 1, title 66, Idaho Code; or

(e) A drug outlet as defined in this section.

(15) "Drug" means:

(a) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendia or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animal;

(c) Articles, other than food, intended to affect the structure or any function of the body of man or other animal; and

(d) Articles intended for use as a component of any articles specified in paragraph (a), (b) or (c) of this subsection.

(16) "Drug enforcement administration" or "DEA" means the United States drug enforcement administration.

(17) "Drug outlet" means a resident or nonresident pharmacy, business entity or other facility subject to registration by the board, pursuant to section 54-1729, Idaho Code, where employees or personnel are engaged in the practice of pharmacy, in the provision of pharmaceutical care, or in the dispensing, delivering, distributing or manufacturing of drugs or devices in or into Idaho, including limited service outlets.

(18) "Drug therapy management" means selecting, initiating, or modifying drug treatment pursuant to a collaborative pharmacy practice agreement.

(19) "Food and drug administration" or "FDA" means the United States food and drug administration.

(20) "Hazardous drug" means any drug listed as such by the national institute for occupational safety and health or any drug identified by at least one (1) of the following criteria: carcinogenicity, teratogenicity or developmental toxicity, reproductive toxicity in humans, organ toxicity at low doses in humans or animals, genotoxicity, or new drugs that mimic existing hazardous drugs in structure or toxicity.

(21) "Institutional drug order" means a prescription drug order issued in the unique form and manner permitted for a patient or resident of an institutional facility or as permitted for other purposes as defined in rule. Unless specifically differentiated, state law applicable to a prescription drug order is also applicable to an institutional drug order.

(22) "Institutional facility" means a facility whose primary purpose is to provide a physical environment for patients to obtain health care services and in which patients spend a majority of their time, as may be further defined by board rule.

(23) "Investigational or new drug" means any drug limited by state or federal law to use under professional supervision of a practitioner authorized by law to prescribe or administer such drug.

(24) "Labeling" means the process of preparing and affixing a label to any drug container, exclusive however of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law.

(25) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for his own use or the preparation, compounding, packaging or labeling of a drug:

(a) By a pharmacist or practitioner as an incident to his administering, dispensing, or distributing of a drug in the course of his professional practice; or

(b) By a practitioner or by his authorization under his supervision for the purpose of or as an incident to research, teaching, or chemical analysis and not for sale.

(26) "Manufacturer" means a person who is licensed or approved by the federal food and drug administration to engage in the manufacture of drugs, including a colicensed partner or affiliate of that person, who compounds, cultivates, derives, harvests, mixes, or by other process produces or prepares legend drugs and includes persons who prepare such drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process, or who packages or repackages such drugs, but does not include pharmacists or practitioners in the practice of their profession.

(27) "Multistate license" means a license, registration, or other credential for the practice of pharmacy issued by the pharmacy licensing agency of a state.

(28) "Multistate licensee" means a multistate pharmacist, multistate pharmacist intern, or multistate technician.

(29) "Mutual recognition agreement" means a written agreement entered into between the board and a party state allowing for the multistate practice of pharmacy, subject to the requirements of this section and any other reasonable and supplemental contract terms negotiated by the board and the party state.

(30) "Nonprescription drugs" means medicines or drugs that may be sold without a prescription drug order and that are prepackaged for use by the consumer and labeled in accordance with state and federal law.

(31) "Nonresident" means a person or business entity located in the District of Columbia or a state or territory other than Idaho that practices pharmacy including, but not limited to, pharmaceutical care services into Idaho.

(32) "Off-site pharmacy services" means services provided by a central drug outlet or an off-site pharmacist or technician. Services may include, but are not limited to: processing a request from another pharmacy to fill, refill or dispense a prescription drug order; performance of processing functions; or providing cognitive or pharmaceutical care services. Each function may be performed by the same or different persons and at the same or different locations.

(33) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration for the treatment of drug overdose.

(34) "Outsourcing facility" means a pharmacy or facility that is registered by the federal food and drug administration pursuant to 21 U.S.C. 353b and either registered or endorsed by the board.

(35) "Party state" means any pharmacy licensing agency of a state that has entered into a mutual recognition agreement with the board.

(36) "Person" means an individual, corporation, partnership, association or any other legal entity.

(37) "Pharmaceutical care" means drug therapy and other patient care services provided by a pharmacist intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.

(38) "Pharmacist" means an individual licensed by this state to engage in the practice of pharmacy or a pharmacist registered by this state who is located in another state, territory or the District of Columbia and is engaged in the practice of pharmacy into Idaho, unless exempted.

(39) "Pharmacist intern" means a person who :

(a) Is enrolled in and in good standing in an accredited school or college of pharmacy;

(b) Has completed a course of study at an accredited school or college of pharmacy; or

(c) Is certified by the foreign pharmacy graduate examination committee (FPGEC) and awaiting final pharmacist licensure.

(40) "Pharmacy" means any drug outlet, facility, department, or other place where prescription drug orders are filled or compounded and where prescriptions are sold, dispensed, offered, or displayed for sale and that has, as its principal purpose, the dispensing of drug and health supplies intended for the general health, welfare, and safety of the public.

(41) "Practice of pharmacy" means the safe interpretation, evaluation, compounding, administration, and dispensing of prescription drug orders, patient counseling, collaborative pharmacy practice, provision of pharmaceutical care services, proper storage of drugs and devices, and prescribing of drugs and devices.

(42) "Practitioner" means a person licensed in this state and permitted by such license to dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state.

(43) "Prepackaging" means the act of transferring a drug, manually or using an automated system, from a manufacturer's original container to another container prior to receiving a prescription drug order.

(44) "Prescriber" means an individual currently licensed, registered or otherwise authorized to prescribe and administer drugs in the course of professional practice.

(45) "Prescriber drug outlet" means a drug outlet in which prescription drugs or devices are dispensed directly to patients under the supervision of a prescriber, except where delivery is accomplished only through on-site administration or the provision of drug samples, patient assistance program drugs, or investigational drugs as permitted in chapter 94, title 39, Idaho Code.

(46) "Prescription drug or legend drug" means a drug that under federal law is required, prior to being dispensed or delivered, to be labeled with one (1) of the following statements:

(a) "Caution: Federal law prohibits dispensing without a prescription"; or

(b) "Rx Only"; or

(c) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian";

or a drug that is required by any applicable federal or state law or rule to be dispensed on prescription drug order only or is restricted to use by practitioners only.

(47) "Prescription drug order" means a valid order of a prescriber for a drug or device for an ultimate user of the drug or device.

(48) "Primary state of residence" means the multistate licensee's declared primary state of residence as evidenced by a valid state or federal identification card with a home address or another form of identification accepted by the board.

(49) "Qualified donor" means:

(a) Any entity that meets the definition of "donation repository" as provided in this section; or

(b) Any member of the public in accordance with section 54-1762, Idaho Code.

(50) "Reconstitution" means the process of adding a diluent to a powdered medication to prepare a solution or suspension, according to the product's labeling or the manufacturer's instructions.

(51) "Record" means all papers, letters, memoranda, notes, prescriptions, drug orders, invoices, statements, patient medication charts or files, computerized records or other written indicia, documents or objects that are used in any way in connection with the purchase, sale or handling of any drug or device.

(52) "Repackage" means repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug, excluding such actions when completed by the pharmacist responsible for dispensing product to the patient.

(53) "Reverse distributor" means a drug outlet that receives nonsalable prescription drugs from persons or their agents, who may lawfully possess prescription drugs without being issued a valid prescription drug order, and that processes for credit or disposes of such prescription drugs.

(54) "Sale" means every sale and includes:

(a) Manufacturing, processing, transporting, handling, packaging or any other production, preparation or repackaging;

(b) Exposure, offer, or any other proffer;

(c) Holding, storing or any other possession;

(d) Dispensing, giving, delivering or any other supplying; and

(e) Applying, administering or any other usage.

(55) "Technician" means an individual authorized by registration with the board to perform pharmacy support services under the direction of a pharmacist.

(56) "Ultimate user" means a person who lawfully possesses a drug for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.

(57) "USP" means United States pharmacopoeia.

(58) "Veterinary drug outlet" means a prescriber drug outlet that dispenses drugs or devices intended for animal patients.

(59) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but does not include:

(a) Drug returns, when conducted by a hospital, health care entity, or charitable institution in accordance with 21 CFR 203.23;

(b) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription;

(c) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs when such common carrier does not store, warehouse, or take legal ownership of the prescription drug; or

(d) The sale or transfer from a community pharmacy or chain pharmacy warehouse of expired, damaged, mispicked, returned, or recalled prescription drugs to the original manufacturer, original wholesaler, or third-party returns processor, including a reverse distributor.

(60) "Wholesaler" means a person who, in the usual course of business, lawfully distributes drugs or devices in or into Idaho to persons other than the ultimate user.

History:

[(54-1704) 54-1705, added 1979, ch. 131, sec. 3, p. 404; am. 1989, ch. 193, sec. 14, p. 483; am. 1992, ch. 179, sec. 2, p. 565; am. 1993, ch. 49, sec. 2, p. 126; am. 2000, ch. 103, sec. 1, p. 228; am. 2000, ch. 274, sec. 132, p. 866; am. 2002, ch. 26, sec. 1, p. 29; am. 2006, ch. 290, sec. 1, p. 888; am. 2008, ch. 51, sec. 1, p. 124; am. 2009, ch. 244, sec. 3, p. 749; am. 2011, ch. 135, sec. 2, p. 375; am. 2013, ch. 28, sec. 5, p. 53; am. 2013, ch. 270, sec. 1, p. 698; am. 2014, ch. 146, sec. 2, p. 392; am. 2015, ch. 28, sec. 1, p. 44; am. 2018, ch. 37, sec. 1, p. 77; am. 2019, ch. 161, sec. 10, p. 539; am. 2020, ch. 14, sec. 4, p. 43; am. 2021, ch. 54, sec. 2, p. 159; am. 2022, ch. 45, sec. 2, p. 124; am. 2022, ch. 178, sec. 1, p. 576; am. 2023, ch. 218, sec. 15, p. 620; am. and redesig. 2024, ch. 69, sec. 1, p. 340; am. 2025, ch. 82, sec. 104, p. 383; am. 2025, ch. 93, sec. 3, p. 412.]
Idaho Code § 54-5909 — Idaho Code / Title 54 / Chapter 59 / Section 54-5909
54-5909 LICENSE AND REGISTRATION ISSUANCE, REVOCATION, AND RENEWAL.
Status: in_force

54-5909. LICENSE and registration issuance, revocation, and RENEWAL. (1) The board shall issue and renew licenses or issue and renew registrations to persons who have qualified for such license or registration pursuant to the provisions of this chapter.

(2) The board may deny an application for licensure or registration, revoke a license or registration, or place restrictions on a license or registration if the holder of such license or registration or applicant for licensure or registration:

(a) Is a current health care professional whose licensure is or previously has been revoked, suspended, placed on probation, reprimanded, limited, restricted, or conditioned, or if such person has been or is currently subject to disciplinary action with respect to professional licensure;

(b) Engages in conduct prohibited by this chapter;

(c) Obtains or attempts to obtain the issuance or renewal of a license or registration pursuant to this chapter by means of fraud, misrepresentation, or concealment of material facts;

(d) Has at any time failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;

(e) Engages in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the licensed naturopathic doctor or registered naturopath by the client;

(f) Fails to, or has previously failed to, adhere to the limitations set forth in section 54-1804(1)(l), Idaho Code;

(g) Is convicted of, or in the past was convicted of, a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(h) Engages in conduct that violates the provisions of this chapter, the rules of the board, or the terms of any license or registration issued by the board; or

(i) Fails to comply with a board order entered in any disciplinary matter.

(3) In making a determination under subsection (2) of this section, the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances.

(4) An applicant for a license or registration under this chapter shall submit any fee established pursuant to board rules.

(5) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

History:

[54-5909, added 2022, ch. 194, sec. 1, p. 641; am. 2024, ch. 86, sec. 54, p. 421.]
Idaho Code § 54-2105 — Idaho Code / Title 54 / Chapter 21 / Section 54-2105
54-2105 BOARD OF VETERINARY MEDICINE — COMPOSITION — APPOINTMENT — VACANCY — QUALIFICATIONS — COMPENSATION — REMOVAL — MEETINGS — OFFICERS — REVENUES — POWERS.
Status: in_force

54-2105. Board of veterinary medicine — Composition — Appointment — Vacancy — Qualifications — Compensation — Removal — Meetings — Officers — Revenues — Powers.

(1) (a) A board of veterinary medicine, which shall consist of six (6) members to be appointed by and serve at the pleasure of the governor, is hereby created in the division of occupational and professional licenses. Five (5) members shall be veterinarians and one (1) shall be a public member. Each of the five (5) veterinary board members shall serve a term of five (5) years, with the fifth year serving also as a liaison officer, or until a successor is appointed. The public member shall serve for a term of three (3) years or until a successor is appointed.

(b) Whenever the occasion arises for an appointment of a veterinary member under this section, the governor may consider recommendations for appointment to the board from the state veterinary medical association, from any of the regional veterinary medical associations, and from any individual residing in this state. Vacancies due to death, resignation or removal shall be filled for the remainder of the unexpired term in the same manner as regular appointments. Filling the remainder of a previous member's term shall not count toward the term limits provided for in this section. No veterinarian shall serve two (2) consecutive terms. The public member may serve two (2) full consecutive terms. Each of the five (5) veterinarians shall be qualified to serve as a member of the board if a graduate of an accredited or approved school of veterinary medicine or, if a graduate of a nonaccredited or nonapproved school, by providing a letter from the educational commission for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG program or a copy of their ECFVG certificate or verification of successful completion of any educational equivalency program established for the purpose of evaluating an individual's educational knowledge and clinical skills as they relate to the practice of veterinary medicine, as approved and outlined by the rules of the board. In addition to verification of graduation from an accredited or nonaccredited school of veterinary medicine, each of the five (5) veterinary members shall be a resident of this state and have been licensed to practice veterinary medicine in this state for the five (5) years immediately preceding the time of appointment. The public member shall be at least twenty-one (21) years of age and a resident of this state for five (5) years immediately preceding appointment. No person may serve on the board who is, or was, during the two (2) years preceding appointment, a member of the faculty or trustees of an accredited school of veterinary medicine.

(2) Each member of the board and committee on humane euthanasia shall be compensated as provided by section 59-509(n), Idaho Code.

(3) Any member of the board may be removed by the governor at his discretion.

(4) The board shall meet at least once each year at the time and place fixed by the rules of the board. Other necessary meetings may be called by the president of the board by giving notice as may be required by state statute or rule. Except as may otherwise be provided, a majority of the board constitutes a quorum. Meetings shall be open and public except as otherwise provided by the open meetings law, chapter 2, title 74, Idaho Code.

(5) The board member serving the fourth year of appointment shall be the president of the board and shall serve as chairman at the board meetings.

(6) The veterinary board member serving the fifth year of appointment shall be the liaison officer of the board and shall render advice, review and mediate complaints, and perform other tasks assigned by the board.

(7) All revenues received under this chapter shall be paid to the occupational licenses fund and shall be subject to and administered in accordance with the provisions of this chapter.

(8) The responsibility for enforcement of the provisions of this chapter is hereby vested in the board. The board shall have all of the duties, powers and authority specifically granted by or necessary for the enforcement of this chapter and the rules made pursuant thereto, as well as such other duties, powers and authority as it may be granted from time to time by applicable law. The powers vested in the board shall include, but are not limited to:

(a) Establish qualifications and prescribe the application format for issuance or renewal of a license to practice as a veterinarian and certification to practice as a veterinary technician, euthanasia agency or euthanasia technician, to review each application for compliance with the licensure and certification requirements, and to issue, renew or deny licenses and certifications. Upon a showing of good cause by a licensee or certificate holder to the board, the board may grant an extension of time for submission of the required application or renewal documentation, including the required number of continuing education hours, as set forth by this chapter or the rules of the board.

(b) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine or a certification to practice veterinary technology or as a euthanasia technician or operate as a certified euthanasia agency in the state.

(c) Issue, renew, reinstate, deny, suspend, sanction, reprimand, restrict, limit, place on probation, require voluntary surrender of, or revoke any licenses, certifications or temporary permits or certifications to practice veterinary medicine, veterinary technology or the euthanizing of animals in the state and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with licensed veterinarians, certified veterinary technicians, certified euthanasia technicians and certified euthanasia agencies consistent with the provisions of this chapter and the rules adopted hereunder. Whenever it appears that grounds for discipline exist under this chapter and the board finds that there is an immediate danger to the public health, safety or welfare, the board is authorized to commence emergency proceedings for revocation or other action. Such proceedings shall be promptly instituted and processed under the applicable provisions of chapter 52, title 67, Idaho Code.

(d) Establish a schedule of fees for licensing, certifying and registering veterinarians, veterinary technicians, euthanasia agencies and euthanasia technicians, as well as for the review, approval and administration of national licensing and certification examinations.

(e) In addition to the fees specifically provided for herein, the board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this chapter or rules adopted hereunder. Such services rendered shall include, but not be limited to, the following:

(i) Issuance of duplicate licenses or certificates;

(ii) Mailing lists or reports of data maintained by the board;

(iii) Copies of any documents;

(iv) Verification of license or certification status;

(v) Examination review, approval and administration; and

(vi) Examination materials.

(f) Upon its own motion or upon any complaint, initiate and conduct investigations on all matters relating to the practice of veterinary medicine or veterinary technology or the euthanizing of animals.

(g) Initiate and conduct disciplinary hearings or proceedings on its own or through its designated hearing officer, provided such hearings and proceedings shall be held in conformance with the provisions of chapter 52, title 67, Idaho Code, and in connection thereto, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may require the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and may commission depositions. The board may designate one (1) or more of its members or appoint a person to serve as its hearing officer.

(h) Appoint from its own membership one (1) or more members to act as representatives of the board at any meeting within or outside the state where such representation is deemed desirable.

(i) Bring proceedings in the courts for the enforcement of this chapter or any rules of the board.

(j) For purposes of enforcement of the provisions of this chapter and any rules duly promulgated hereunder, including the levying of civil penalties, assessment and collection of fines, and recovery of costs and paralegal, hearing officer and attorney's fees incurred by the board in investigation and prosecution of complaints, the board shall maintain jurisdiction over individuals, irrespective of their license or certification status (i.e., active, inactive, expired, lapsed, surrendered or disciplined) relative to acts, omissions, complaints and investigations that occurred during the licensure or certification period. Jurisdiction of the board shall also extend to all individuals engaged in the practice of veterinary medicine, veterinary technology or practicing as a certified euthanasia agency or certified euthanasia technician in this state as defined in section 54-2103, Idaho Code. It is the intent of this subsection that the board's jurisdiction should extend to all licensed or unlicensed or certified or uncertified individuals and that licensees and certification holders cannot divest the board of jurisdiction by changing, surrendering or relinquishing licensure or certification status.

(k) Establish a committee on humane euthanasia for the purposes of training, examining, licensing and certifying euthanasia agencies and euthanasia technicians and assess application, training workshop and certification fees. The fees so assessed are continuously appropriated to the board to support the activities of the committee.

(l) Adopt, amend or repeal all sections of this chapter and rules necessary for its government and all rules necessary to carry into effect the provisions of this chapter pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine.

(m) Conduct probationary or other practice and facility inspections necessary for enforcement of this chapter or the rules duly promulgated hereunder or any order, negotiated settlement or probationary agreement of the board and issue administrative citations to alleged violators.

History:

[54-2105, added 1971, ch. 173, sec. 5, p. 812; am. 1974, ch. 13, sec. 152, p. 138; am. 1976, ch. 166, sec. 17, p. 610; am. 1980, ch. 247, sec. 68, p. 635; am. 1983, ch. 139, sec. 5, p. 339; am. 1990, ch. 111, sec. 4, p. 226; am. 1991, ch. 138, sec. 2, p. 328; am. 1992, ch. 280, sec. 1, p. 857; am. 1995, ch. 62, sec. 3, p. 150; am. 1996, ch. 237, sec. 3, p. 767; am. 2000, ch. 122, sec. 3, p. 278; am. 2001, ch. 149, sec. 3, p. 534; am. 2007, ch. 54, sec. 2, p. 131; am. 2008, ch. 135, sec. 2, p. 381; am. 2008, ch. 204, sec. 1, p. 655; am. 2010, ch. 130, sec. 1, p. 276; am. 2011, ch. 78, sec. 1, p. 163; am. 2016, ch. 119, sec. 2, p. 348; am. 2016, ch. 340, sec. 26, p. 945; am. 2021, ch. 40, sec. 3, p. 100; am. 2021, ch. 221, sec. 10, p. 614; am. 2021, ch. 222, sec. 19, p. 632; am. 2021, ch. 224, sec. 54, p. 678; am. 2022, ch. 111, sec. 29, p. 388.]
Idaho Code § 54-2625 — Idaho Code / Title 54 / Chapter 26 / Section 54-2625
54-2625 APPROVAL AND CERTIFICATION OF INSPECTION.
Status: in_force

54-2625. Approval and certification of inspection. The inspector shall either approve that portion of the work completed at the time of inspection or shall notify the permit holder wherein the same fails to comply with this act and the rules and regulations of the Idaho plumbing board, and when final inspection has been made and the work approved, the inspector shall certify to the owner or permit holder or agency serving the premises by attaching securely an inspector's tag at the approximate service entrance that inspection has been made and found satisfactory as required by this act and ready for service.

History:

[(54-2625) 1957, ch. 214, sec. 30, p. 454; am. and redesignated as sec. 54-2625, 1984, ch. 123, sec. 26, p. 292.]
Idaho Code § 54-1813 — Idaho Code / Title 54 / Chapter 18 / Section 54-1813
54-1813 TEMPORARY LICENSE AND REGISTRATION.
Status: in_force

54-1813. Temporary license and registration. (1) The board may by rule provide for the issuance of a temporary license to a person licensed to practice medicine or osteopathic medicine in some other state, territory, or district of the United States or Canada or to a person who is a diplomate of the national board of medical examiners or a diplomate of the national board of osteopathic medical examiners or to a physician assistant, excluding any volunteer license applicant, provided that such temporary license shall be issued only to persons who have made an application for a permanent license in this state. The board shall fix and collect a fee for a temporary license and it shall be valid from the date of issuance for one hundred twenty (120) days, unless extended by the board or its designated representative upon a showing of good cause.

(2) The board may by rule provide for temporary registration of interns and residents. The board shall fix and collect a fee for the temporary registration and shall specify the time period of the temporary registration.

History:

[54-1813, added 1977, ch. 199. sec. 13, p. 546; am. 1998, ch. 177, sec. 4, p. 662; am. 2019, ch. 26, sec. 15, p. 67; am. 2023, ch. 155, sec. 1, p. 419; am. 2024, ch. 216, sec. 6, p. 770.]
Idaho Code § 54-2028 — Idaho Code / Title 54 / Chapter 20 / Section 54-2028
54-2028 TERM OF PROVIDER CERTIFICATION AND RENEWAL.
Status: in_force

54-2028. Term of provider certification and renewal. (1) Each course provider's certification issued by the commission shall be for a term of up to one (1) year and shall expire annually on June 30.

(2) In order to maintain certification, each provider shall:

(a) Return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date for commission approval; and

(b) Certify that its designated director or person in charge has, within the past two (2) years, attended a commission-approved provider training.

(3) Recertification is not effective until the commission has formally approved the application for renewal.

(4) Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for courses not yet successfully completed by the expiration date.

History:

[54-2028, added 2000, ch. 285, sec. 3, p. 927; am. 2014, ch. 42, sec. 6, p. 105; am. 2015, ch. 52, sec. 1, p. 124.]
Idaho Code § 54-2208 — Idaho Code / Title 54 / Chapter 22 / Section 54-2208
54-2208 DENIAL OF APPLICATION.
Status: in_force

54-2208. Denial of application. An application for licensure that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and be subject to the provisions of that chapter, as well as the administrative rules adopted by the board governing contested cases.

History:

[(54-2208) 54-2207, added 2001, ch. 197, sec. 2, p. 669; am. and redesig. 2006, ch. 116, sec. 5, p. 319.]