Idaho Code § 54-5017 — Idaho Code / Title 54 / Chapter 50 / Section 54-5017
54-5017 PERMITS — APPLICATION — FEES.
Status: in_force

54-5017. Permits — Application — Fees. (1) On and after January 1, 2005, any person, firm, partnership, company, association or corporation entitled to receive a permit, shall make application to the board on a form provided by the board. The application shall require a description of the work proposed to be done, the location, ownership and use of the premises.

(2) Until fees are established by rule of the board, the following fees shall be paid:

(a) Residential single and duplex family dwelling, a fifty dollar ($50.00) base permit fee plus an inspection fee of:

(i) Thirty-five dollars ($35.00) for the first furnace, furnace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas-fired appliance, incinerator, boiler, pool heater, and similar fixtures or appliances, plus

(ii) Fifteen dollars ($15.00) for any additional furnace, furnace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas-fired appliance, incinerator, boiler, pool heater, and similar fixtures or appliances. Fee includes ducts, vents and flues attached thereto.

(iii) Fifteen dollars ($15.00) for the first exhaust or ventilation duct such as dryer vents, range hood vents, cook stove vents, bath fan vents, and similar exhaust and ventilation ducts, plus

(iv) Five dollars ($5.00) for any additional exhaust and ventilation ducts.

(v) Fifteen dollars ($15.00) for the first fixture or appliance outlet of the fuel gas piping system, plus

(vi) Five dollars ($5.00) for any additional outlets of the fuel gas piping system.

(b) Multifamily, commercial, institutional, industrial and all other installations, a fifty dollar ($50.00) base permit fee for each building, plus an inspection fee based on the selling price of the completed installation including equipment, appliances, piping systems, materials, and labor of:

(i) Three percent (3%) of the value of the installation through twenty thousand dollars ($20,000), plus

(ii) Two percent (2%) of the value of installation in excess of twenty thousand dollars ($20,000) through one hundred thousand dollars ($100,000), plus

(iii) One percent (1%) of the value of the installation in excess of one hundred thousand dollars ($100,000) through two hundred thousand dollars ($200,000), plus

(iv) One-half percent (1/2%) of the value of the installation in excess of two hundred thousand dollars ($200,000).

(c) Plan check and technical service, a fifty dollar ($50.00) minimum fee plus fifty dollars ($50.00) per hour.

(d) Additional and reinspections, a fifty dollar ($50.00) minimum fee plus an additional fifty dollars ($50.00) per hour before approval of the installation if the following services are necessary:

(i) Trips to inspect when the permittee had given notice to the inspector that the work was ready for inspection when it was not, or if the permittee has not clearly given the location of the installation either by directions or maps, or if the inspector cannot gain access to make the inspection;

(ii) Trips to inspect corrections required by the inspector as a result of the permittee improperly responding to a corrective notice;

(iii) Each trip necessary to remove a red tag from the job site;

(iv) When corrections have not been made in the prescribed time, unless an extension has been requested and granted.

(3) Expiration of permits. Every permit issued by the division of occupational and professional licenses or authority having jurisdiction shall expire by limitation and become null and void if the work authorized by such permit is not commenced within ninety (90) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned at any time after work is commenced for a period of one hundred eighty (180) days. A permit may be renewed for an additional year upon receiving approval from the division of occupational and professional licenses or authority having jurisdiction and a fifty-dollar ($50.00) renewal fee.

(4) No permit. Failure to acquire, post and send permit and to pay required fees in the prescribed time may result in the assessment of a double fee. Any additional offenses within a twelve (12) month period for failure to acquire, post and send permit and to pay required fees in the prescribed time shall result in the assessment of a triple fee.

History:

[54-5017, added 2003, ch. 276, sec. 1, p. 740; am. 2004, ch. 308, sec. 12, p. 864; am. 2022, ch. 94, sec. 62, p. 322.]
Idaho Code § 54-3722 — Idaho Code / Title 54 / Chapter 37 / Section 54-3722
54-3722 SEVERABILITY.
Status: in_force

54-3722. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.

History:

[(54-3722) 54-3717, added 1987, ch. 69, sec. 1, p. 129; am. and redesig. 2009, ch. 222, sec. 22, p. 703.]
Idaho Code § 54-5802 — Idaho Code / Title 54 / Chapter 58 / Section 54-5802
54-5802 DEFINITIONS.
Status: in_force

54-5802. DEFINITIONS. As used in this chapter:

(1) "Apprentice" means a person registered with the barber and cosmetology services licensing board to learn an occupation in a licensed establishment who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology, or electrology.

(2) "Barber" means a person licensed to practice barbering as defined in this section.

(3) "Barbering" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

(a) Shaving the face or cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair;

(b) Fitting, cutting or dressing hairpieces or toupees;

(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and

(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.

(4) "Barber-styling" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

(a) Shaving the face or cutting, trimming, arranging, dressing, curling, waving by any method, straightening, cleansing, singeing, bleaching, coloring or performing similar work on the hair;

(b) Fitting, cutting or dressing hairpieces or toupees;

(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and

(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.

(5) "Barber-stylist" means a person licensed to practice barber-styling as defined in this section.

(6) "Board" means the barber and cosmetology services licensing board established by section 54-5806, Idaho Code.

(7) "Cosmetologist" means a person licensed to practice cosmetology as defined in this section.

(8) "Cosmetology" means any one (1) or any combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

(a) Cutting, trimming, arranging, dressing, curling, waving by any method, cleansing, singeing, bleaching, coloring or performing similar work on the hair, except as provided for in subsection (24) of this section;

(b) Fitting, cutting or dressing hairpieces or toupees;

(c) Noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes; and

(d) Manicuring and pedicuring nails and applying artificial nails.

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

(10) "Electrologist" means a person licensed to practice electrology, as defined in this section, and skilled in the permanent removal of unwanted hair.

(11) "Electrology" or "electrolysis" means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system through the use of equipment and devices approved by and registered with the United States food and drug administration.

(12) "Establishment" means a place licensed under this chapter, other than a licensed school, where barbering, barber-styling, cosmetology or electrology is practiced.

(13) "Esthetician" means a person licensed to practice esthetics as defined in this section.

(14) "Esthetics" means noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes.

(15) "Haircutting" means cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair and fitting, cutting or dressing hairpieces or toupees.

(16) "Hairpieces or toupees" means a full or partial head covering that is made from natural or synthetic hair that is affixed to a person's scalp, hair, or head with an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent, and is worn during activities such as sleep, exercise, and bathing.

(17) "High school student" means a person who has completed the first two (2) years of high school and is enrolled in a high school or secondary school licensed under this chapter or who attends an Idaho nonpublic high school.

(18) "Instructor" means a person licensed under this chapter to practice and teach any practice defined in this section.

(19) "Instructor trainee" means a barber, barber-stylist or cosmetologist attending a licensed school to receive training to teach barbering, barber-styling or cosmetology.

(20) "Licensed school" means a secondary or postsecondary barber, cosmetology, or electrology school that:

(a) Is licensed under its official name by the barber and cosmetology services licensing board; and

(b) Admits as students only those individuals who meet the requirements of section 54-5810(1)(b), Idaho Code.

(21) "Makeup artistry" means noninvasive care of the skin by application of cosmetic preparations for cleansing and the application of makeup, which includes the application of cosmetics or any pigment product that is used to cover, camouflage or decorate the skin.

(22) "Nail technician" means a person licensed to practice nail technology as defined in this section.

(23) "Nail technology" means any one (1) or more of the following practices when performed on the human body:

(a) Manicuring and pedicuring nails;

(b) Applying artificial nails; and

(c) Massaging the hands and feet.

(24) "Natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device.

(a) "Natural hair braiding" includes:

(i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, and decorative beads and other hair accessories;

(ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;

(iii) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and

(iv) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with performing services under subparagraphs (i) or (ii) of this paragraph.

(b) "Natural hair braiding" does not include:

(i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or

(ii) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.

(25) "Retail cosmetics dealer" means a stationary business offering cosmetic products for sale at retail to the general public in which the business's employees apply cosmetic products to customers' faces in connection with the sale or attempted sale of the products without compensation from the customer other than the regular price of the products.

(26) "Student" means a person learning barbering, barber-styling, cosmetology or electrology at a licensed school who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology or electrology.

(27) "Wig" means a removable head covering that is made from natural hair, natural fibers that resemble hair, or synthetic fibers that resemble hair. A wig is not affixed to a person's scalp or hair using an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent.

History:

[54-5802, added 2018, ch. 228, sec. 3, p. 520; am. 2019, ch. 150, sec. 1, p. 499; am. 2020, ch. 182, sec. 1, p. 558; am. 2022, ch. 94, sec. 79, p. 333; am. 2022, ch. 250, sec. 1, p. 818; am. 2022, ch. 291, sec. 1, p. 926; am. 2023, ch. 218, sec. 18, p. 640; am. 2024, ch. 155, sec. 1, p. 602; am. 2025, ch. 53, sec. 1, p. 259; am. 2025, ch. 75, sec. 1, p. 342; am. 2025, ch. 76, sec. 1, p. 347; am. 2026, ch. 135, sec. 16, p. 643; am. 2026, ch. 251, sec. 21, p. 1071.]
Idaho Code § 54-5511 — Idaho Code / Title 54 / Chapter 55 / Section 54-5511
54-5511 IMMUNITY FROM VICARIOUS LIABILITY.
Status: in_force

54-5511. immunity from vicarious liability. No physician, hospital, emergency room personnel, emergency medical technician, or ambulance personnel shall be liable in any civil action arising out of any injury resulting from an act or omission of a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife. A physician who consults with a licensed midwife but who does not examine or treat a client of the midwife shall not be deemed to have created a physician-patient relationship with such client.

History:

[54-5511, added 2024, ch. 59, sec. 2, p. 286.]
Idaho Code § 54-1520 — Idaho Code / Title 54 / Chapter 15 / Section 54-1520
54-1520 LICENSE — QUALIFICATIONS OF APPLICANTS — ISSUANCE.
Status: in_force

54-1520. license — Qualifications of applicants — issuance. (1) Every applicant for a license to practice optometry shall:

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

(b) Be more than twenty-one (21) years of age;

(c) Present certified evidence of graduation from an accredited college or university of optometry that meets the requirements in rules of the board;

(d) Pass an examination as provided in rules of the board; and

(e) Be certified to use therapeutic pharmaceutical agents as provided in section 54-1501(3), Idaho Code, and in rules of the board.

(2) An applicant meeting the qualifications required in this chapter shall be issued a license to practice optometry in this state.

History:

[54-1520, added 1972, ch. 91, sec. 2, p. 179; am. 2017, ch. 230, sec. 1, p. 557; am. 2022, ch. 246, sec. 13, p. 797.]
Idaho Code § 54-5206 — Idaho Code / Title 54 / Chapter 52 / Section 54-5206
54-5206 IDAHO CONTRACTORS BOARD.
Status: in_force

54-5206. Idaho contractors board. (1) The Idaho contractors board is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the division administrator to administer this chapter, and the division administrator shall exercise such powers and duties as are reasonably necessary to enforce the provisions of this chapter. The board may promulgate such rules as may be necessary to carry out the provisions of this chapter in order to effectuate the purposes herein and for the orderly and efficient administration thereof, except as may be limited or prohibited by law and the provisions of this chapter.

(2) The board shall consist of four (4) members who are contractors, and one (1) member of the public at large, all of whom shall be appointed by the governor as follows: one (1) contractor from the northern district consisting of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner counties; one (1) contractor from the southeastern district consisting of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock counties; one (1) contractor from the southwestern district consisting of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley counties; one (1) contractor from the south central district consisting of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties. The one (1) member of the public at large shall reside in the state of Idaho and be a person of integrity and good reputation who has lived in this state for at least five (5) years immediately preceding appointment, who has never been registered as a contractor in this or another state, and who has never had a substantial personal, business, professional or pecuniary connection with a contractor except as a purchaser or owner of real property.

(3) Each member of the board who is a contractor shall serve a term of four (4) years. No member of the board may be appointed to more than two (2) consecutive terms, and all board members shall serve at the pleasure of the governor.

(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties, but not less than once during each calendar quarter. At the board's first meeting, the members shall elect one (1) of their number to be chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms. A majority of the board shall constitute a quorum for the transaction of business.

(5) The board may delegate to the division administrator:

(a) The power to perform ministerial functions, investigate and discipline, hold hearings, appoint hearing officers, summon witnesses to appear, administer oaths and take affirmations of witnesses at any formal proceeding or before a duly appointed hearing officer;

(b) The power to appoint competent persons to issue subpoenas, administer oaths and take testimony; and

(c) The power to enforce orders of the board.

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

(7) On and after January 1, 2006, each member of the board who is a contractor shall be registered in accordance with this chapter and shall be in good standing.

History:

[54-5206, added 2005, ch. 153, sec. 1, p. 474; am. 2008, ch. 107, sec. 1, p. 304; am. 2016, ch. 340, sec. 44, p. 963; am. 2021, ch. 222, sec. 37, p. 649.]
Idaho Code § 54-4101 — Idaho Code / Title 54 / Chapter 41 / Section 54-4101
54-4101 SHORT TITLE.
Status: in_force

54-4101. Short title. This chapter shall be known and may be cited as the "Idaho Real Estate Appraisers Act."

History:

[54-4101, added 1990, ch. 82, sec. 1, p. 164; am. 1992, ch. 92, sec. 1, p. 283.]
Idaho Code § 54-5902 — Idaho Code / Title 54 / Chapter 59 / Section 54-5902
54-5902 DEFINITIONS.
Status: in_force

54-5902. definitions. As used in this chapter:

(1) "Board" means the Idaho board of naturopathic health care.

(2) "License" means a license to practice as a licensed naturopathic doctor.

(3) "Licensed naturopathic doctor" means an individual licensed as a medical doctor, doctor of osteopathy, doctor of podiatric medicine, doctor of chiropractic, doctor of dental medicine, pharmacist, or doctor of nursing practice who has obtained an approved naturopathic doctoral degree, as set forth in rule, and who voluntarily elects to seek and receives licensure under this chapter to practice naturopathic health care in Idaho.

(4) "Minor procedure" means the use of operative, electrical, or other methods for repair and care incidental to superficial lacerations, abrasions, superficial lesions, the removal of foreign bodies located in the superficial tissues, and the use of antiseptics and local topical anesthetics in connection with such methods.

(5) "Naturopathic health care" means the delivery of a distinct primary health care emphasizing prevention, treatment, and optimal health using therapeutic methods and substances that encourage an individual's inherent self-healing process by a naturopathic practitioner.

History:

[54-5902, added 2022, ch. 194, sec. 1, p. 636; am. 2026, ch. 314, sec. 1, p. 1260.]
Idaho Code § 54-2317 — Idaho Code / Title 54 / Chapter 23 / Section 54-2317
54-2317 PRESCRIPTIVE AUTHORITY — PROVISIONAL CERTIFICATION.
Status: in_force

54-2317. prescriptive authority — provisional certification. To qualify for provisional certification of prescriptive authority, a psychologist licensed under this chapter shall meet such standards as prescribed by rule of the board. At a minimum, these standards shall include:

(1) A current license to practice psychology in Idaho;

(2) A doctorate degree in psychology awarded by an accredited program within a United States department of education-approved, regionally accredited institution of higher education;

(3) A master's degree in clinical psychopharmacology awarded by an accredited program within a United States department of education-approved, regionally accredited institution of higher education. The didactic portion of the education shall be at least two (2) years of full-time education, or the equivalent thereof, and shall be substantially equivalent to the education required of an advanced practice psychiatric nurse practitioner in this state as determined by the institution that offers both clinical psychopharmacology and psychiatric nurse practitioner degrees. The necessary prerequisites for the education shall be determined by the institution that offers the degrees and, in the institution's judgment, shall include sufficient biomedical education to ensure the necessary knowledge and skills to prescribe psychotropic medications in a safe and effective manner. The program shall satisfy the requirements to become designated a post-doctoral education and training program in clinical psychopharmacology by the American psychological association. The program must be established and administered by biomedically trained educators and must demonstrate that all content is covered and that students achieve clinical competency in all areas, and shall include at a minimum:

(a) Basic science:

(i) Anatomy;

(ii) Physiology;

(iii) Biochemistry;

(b) Neurosciences:

(i) Neuroanatomy;

(ii) Neurophysiology;

(iii) Neurochemistry;

(c) Physical assessments and laboratory exams:

(i) Physical assessment;

(ii) Laboratory and radiological assessment;

(iii) Medical terminology and documentation;

(d) Clinical medicine and pathophysiology:

(i) Pathophysiology with particular emphasis on cardiac, renal, hepatic, neurologic, gastrointestinal, hematologic, dermatologic and endocrine systems;

(ii) Clinical medicine with particular emphasis on signs, symptoms and treatment of disease states with behavioral, cognitive and emotional manifestations or comorbidities;

(iii) Differential diagnosis;

(iv) Clinical correlations — the illustration of the content of this domain through case study;

(v) Substance-related and co-occurring disorders;

(vi) Chronic pain management;

(e) Clinical and research pharmacology and psychopharmacology:

(i) Pharmacology;

(ii) Clinical pharmacology;

(iii) Pharmacogenetics;

(iv) Psychopharmacology;

(v) Developmental psychopharmacology;

(vi) Issues of diversity in pharmacological practice — lifespan related to drug metabolism;

(f) Clinical pharmacotherapeutics:

(i) Combined therapies — psychotherapy/pharmacotherapy interactions;

(ii) Computer-based aids to practice;

(iii) Pharmacoepidemiology;

(g) Research:

(i) Methodology and design of psychopharmacology research;

(ii) Interpretation and evaluation of research;

(iii) Federal food and drug administration drug development and regulatory processes; and

(h) Professional, ethical, and legal issues:

(i) Application of existing law, standards and guidelines to pharmacological practice; and

(ii) Relationship with pharmaceutical industry:

1. Conflicts of interest;

2. Evaluation of pharmaceutical marketing practices; and

3. Critical consumer;

(4) Clinical experience that is sufficient to attain competency in the psychopharmacological treatment of a diverse patient population under the direction of qualified practitioners including, but not limited to, licensed physicians and prescribing psychologists as determined by the institution offering the clinical psychopharmacology degree;

(5) A passing score on an examination developed by a nationally recognized body and approved by the board; and

(6) Supervision agreements with board-certified psychiatrists, neurologists, family medicine physicians, or other physicians with a minimum of two (2) years of experience in the management of psychotropic medication who are licensed under chapter 18, title 54, Idaho Code, or an equivalent licensing provision of the law of an adjoining state.

History:

[54-2317, added 2017, ch. 238, sec. 4, p. 588; am. 2020, ch. 263, sec. 1, p. 761.]
Idaho Code § 54-5822 — Idaho Code / Title 54 / Chapter 58 / Section 54-5822
54-5822 FEES.
Status: in_force

54-5822. fees. (1) Any fee required pursuant to this chapter, including fees for original licenses, certificates, registrations, permits, renewals, and licenses, certificates, and registrations by endorsement, shall be set by board rule.

(2) All fees received by the board under the provisions of this chapter shall be nonrefundable, except as provided by board rule, 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. The fees collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

History:

[54-5822, added 2018, ch. 228, sec. 3, p. 533; am. 2020, ch. 182, sec. 17, p. 573; am. 2021, ch. 224, sec. 78, p. 691; am. 2025, ch. 104, sec. 15, p. 558.]
Idaho Code § 54-211 — Idaho Code / Title 54 / Chapter 2 / Section 54-211
54-211 LICENSES — LICENSING PERIOD — NONRENEWAL — REINSTATEMENT — INACTIVE LICENSES — RETIREMENT — FEES.
Status: in_force

54-211. Licenses — Licensing period — Nonrenewal — Reinstatement — Inactive licenses — Retirement — Fees. (1) The board shall issue initial certificates and licenses, and renewal and reinstatement licenses to practice as a certified public accountant, and renewal and reinstatement licenses to practice as a licensed public accountant to persons who have qualified therefor in accordance with the provisions of this chapter and the rules of the board. A certificate and license, once issued, shall continue in effect so long as the holder thereof complies with the provisions of this chapter and the rules and orders of the board.

(a) Initial. The board shall collect an initial license fee upon board approval of an initial license to practice as a certified public accountant in the state of Idaho as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those individuals meeting the requirements for initial licensure in Idaho, pursuant to the provisions of this chapter and the rules of the board, shall be issued a license effective for no more than twenty-four (24) months. The license shall then be subject to biennial renewal.

(b) Renewal. The board shall collect a license fee from all licensees as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those persons meeting the requirements of this subsection for license renewal shall be issued a license effective for a period of no more than twenty-four (24) months after its issuance. Requirements include:

(i) Good character;

(ii) Completion of continuing professional education as specified by the board's rules;

(iii) Identification, in the renewal application, of the firm with which the licensee is affiliated; and

(iv) Where applicable, verification of satisfactory completion of a peer review program by the firm with which the licensee is affiliated, pursuant to section 54-214, Idaho Code, and the rules prescribed by the board. Any licensee who issues compilation reports for the public other than through a firm must undergo no more frequently than once every three (3) years, a peer review conducted in accordance with rules prescribed by the board, and such review shall include verification that such licensee has met the competency requirements set out in professional standards for such service.

(c) Inactive status. Any licensee in current compliance with the provisions of this chapter who chooses not to perform or offer to perform for the public one (1) or more kinds of attest or compilation services may apply to place his or her license in inactive status. The renewal fee for inactive status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with inactive status must place the word "inactive" adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears.

(d) Retired. After a person reaches the age of fifty-five (55) years, or in the event of a disability preventing continued practice, the certificate of a certified public accountant or licensed public accountant, upon application to the board by the holder, may be placed by the board in retired status. Retired status shall allow the holder to retain the wall certificate and remain on the board's mailing list. The renewal fee for retired status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with retired status must place the word "retired" adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears. An individual who performs or offers to perform for the public attest or compilation services shall not qualify for retired status.

(e) Nonrenewal. A licensee may place the license into expired status as prescribed by the rules of the board rather than renew the license. Any license not renewed or placed into expired status within thirty (30) days after the expiration of the previous license shall be automatically placed into expired status.

(f) Reinstatement. Any certificate and license placed in expired status may be reinstated upon completion of an application supplied by the board along with payment of a reinstatement fee as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications of paragraph (b) of this subsection. Reinstatement following involuntary suspension shall be governed by the terms of the board's order of involuntary suspension.

(g) Reentry. A license in inactive or retired status may reenter active status upon completion of an application supplied by the board along with payment of a reentry fee as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications set forth in paragraph (b) of this subsection.

(2) Applicants for initial issuance or reinstatement of licenses under this section shall in their application list all states in which they have applied for or hold a license and list any past disciplinary action against or denial, revocation or suspension of a certificate, license or permit.

(3) Applicants and licensees shall notify the board in writing, within thirty (30) days after its occurrence of:

(a) Any charges or convictions of, or guilty pleas to, a felony; or

(b) Any disciplinary action against or the denial, restriction, revocation or suspension of a certificate, license or permit by another state or by any federal agency.

History:

[54-211, added 1993, ch. 239, sec. 13, p. 835; am. 2002, ch. 92, sec. 10, p. 244; am. 2003, ch. 14, sec. 3, p. 36; am. 2008, ch. 128, sec. 6, p. 357; am. 2022, ch. 246, sec. 6, p. 791; am. 2024, ch. 86, sec. 2, p. 388.]
Idaho Code § 54-2055 — Idaho Code / Title 54 / Chapter 20 / Section 54-2055
54-2055 LICENSEES DEALING WITH THEIR OWN PROPERTY.
Status: in_force

54-2055. Licensees dealing with their own property. (1) Any actively licensed Idaho broker, sales associate, or legal business entity shall comply with this entire chapter when that licensee is buying, selling or otherwise acquiring or disposing of the licensee's own interest in real property in a regulated real estate transaction.

(2) A licensee shall disclose in writing to any buyer or seller no later than at the time of presentation of the purchase and sale agreement that the licensee holds an active Idaho real estate license, if the licensee directly, indirectly, or through a third party, sells or purchases an interest in real property for personal use or any other purpose; or acquires or intends to acquire any interest in real property or any option to purchase real property.

(3) Each actively licensed person buying or selling real property or any interest therein, in a regulated real estate transaction, must conduct the transaction through the broker with whom he is licensed, whether or not the property is listed.

History:

[54-2055, added 2000, ch. 285, sec. 3, p. 943; am. 2003, ch. 65, sec. 7, p. 220; am. 2010, ch. 217, sec. 4, p. 490.]
Idaho Code § 54-2616 — Idaho Code / Title 54 / Chapter 26 / Section 54-2616
54-2616 FEES FOR CERTIFICATES.
Status: in_force

54-2616. Fees for certificates. Before a certificate is issued, and for the renewal thereof, the successful applicant shall pay to the division of occupational and professional licenses a fee in accordance with the following schedule:

Initial Fee Renewal Plumbing Contractor $75.00 $36.00 Plumbing Journeyman 15.00 7.20 Specialty Contractor 75.00 36.00 Specialty Journeyman 15.00 7.20

History:

[(54-2616) 1957, ch. 214, sec. 21, p. 454; am. 1974, ch. 39, sec. 35, p. 1023; am. 1983, ch. 246, sec. 2, p. 667; redesignated as sec. 54-2616, 1984, ch. 123, sec. 17, p. 289; am. 1995, ch. 253, sec. 4, p. 830; am. 1996, ch. 421, sec. 57, p. 1440; am. 2004, ch. 244, sec. 2, p. 710; am. 2023, ch. 15, sec. 52, p. 105; am. 2024, ch. 86, sec. 23, p. 405.]
Idaho Code § 54-4813 — Idaho Code / Title 54 / Chapter 48 / Section 54-4813
54-4813 REQUIRED RECORDS.
Status: in_force

54-4813. REQUIRED RECORDS. (1) An athlete agent shall create and retain for five (5) years records of the following:

(a) The name and address of each individual represented by the agent;

(b) Each agency contract entered into by the agent; and

(c) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.

(2) Records described in subsection (1) of this section are open to inspection during normal business hours by any educational institution whose student athlete contracts with an athlete agent.

History:

[54-4813, added 2016, ch. 201, sec. 2, p. 570; am. 2020, ch. 105, sec. 11, p. 285.]
Idaho Code § 54-2812 — Idaho Code / Title 54 / Chapter 28 / Section 54-2812
54-2812 QUALIFICATIONS FOR REGISTRATION.
Status: in_force

54-2812. Qualifications for registration. (1) No applicant shall be registered having habits of character that would justify revocation or suspension of registration, as provided in section 54-2819, Idaho Code. The following shall be considered as minimum evidence that the applicant is qualified for registration as a professional geologist:

(a) Completion of thirty (30) semester units in courses in geological science leading to a degree in the geological sciences of which at least twenty-four (24) units are in third or fourth year, and/or graduate courses, successfully pass examinations approved by the board; and have at least seven (7) years of professional geological work which shall include either a minimum of three (3) years of professional geological work under the supervision of a registered geologist; or, wherein the applicant has been under the direct supervision of an individual acceptable to the board, or, wherein the applicant has demonstrated five (5) years of progressive experience in responsible charge of geological work that is acceptable to the board.

(b) Each year of undergraduate study in the geological sciences shall count as one-half (1/2) year of training up to a maximum of two (2) years, and each year of graduate study or research counts as a year of training.

(c) Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total annual teaching experience includes six (6) semester units of third or fourth year or graduate courses.

(d) Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four (4) years towards meeting the requirement for at least seven (7) years of professional geological work pursuant to this section.

(e) The ability of the applicant shall have been demonstrated by having performed the work in a responsible position, as the term "responsible position" is defined in rules adopted by the board. The adequacy of the required supervision and experience shall be determined in accordance with standards set forth in the rules adopted by the board.

(f) Three (3) references from geologists in responsible positions must be filed with the application for registration.

(2) A person holding a certificate of registration to engage in the practice of geology, issued to him by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, who, in the opinion of the board, meets the requirements of this chapter, based on verified evidence may, upon application, be registered without further examination.

An applicant otherwise qualified as prescribed in this chapter need not be actively engaged in the practice of geology to be eligible for registration.

History:

[54-2812, added 1971, ch. 137, sec. 12, p. 576; am. 1983, ch. 141, sec. 1, p. 348; am. 2002, ch. 266, sec. 10, p. 792; am. 2008, ch. 249, sec. 5, p. 732; am. 2015, ch. 196, sec. 1, p. 605.]
Idaho Code § 54-1218 — Idaho Code / Title 54 / Chapter 12 / Section 54-1218
54-1218 PUBLIC WORKS.
Status: in_force

54-1218. Public workS. (1) It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state having power to levy taxes or assessments against property situated therein, to engage in the construction of any public works when the public health or safety is involved unless the plans and specifications and estimates have been prepared by, and the construction reviewed by, a professional engineer.

(2) The provisions of this section shall not apply to public construction, reconstruction, maintenance and repair work that is governed by chapter 12, title 42, Idaho Code; or public work that is insignificant, that is projects of less than ten thousand dollars ($10,000) in total cost, performed by employees of the public agency and performed in accordance with standards for such work that have been certified by a professional engineer and duly adopted by the public agency's governing body including, but not limited to, the Idaho standards for public works construction and any supplements thereto, and only if a professional engineer determines that such public construction, reconstruction, maintenance and repair work does not represent a material risk to public health or safety.

History:

[54-1218, added 1939, ch. 231, sec. 18, p. 516; am. 1978, ch. 170, sec. 14, p. 383; am. 2008, ch. 378, sec. 15, p. 1039; am. 2013, ch. 289, sec. 1, p. 762; am. 2014, ch. 97, sec. 32, p. 290; am. 2015, ch. 273, sec. 1, p. 1129.]
Idaho Code § 54-1736 — Idaho Code / Title 54 / Chapter 17 / Section 54-1736
54-1736 PRESCRIPTION DRUG LABELING STANDARDS.
Status: in_force

54-1736. PRESCRIPTION DRUG LABELING STANDARDS. (1) All prescription drugs shall be in an appropriate container bearing a label in conformance with federal law.

(2) For parenteral admixtures, the label shall include the date and time of the addition or the beyond use date.

(3) For prepackaged products, the label shall include an expiration date that is the lesser of the manufacturer's original expiration date, one (1) year from the date the drug is prepackaged, or a shorter period if warranted.

(4) For repackaged drugs, the label shall include the prescription number and contact information for the original dispensing pharmacy, a statement indicating that the drug has been repackaged, and contact information for the repackager.

History:

[54-1736, added 2025, ch. 93, sec. 38, p. 435.]
Idaho Code § 54-1137 — Idaho Code / Title 54 / Chapter 11 / Section 54-1137
54-1137 SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.
Status: in_force

54-1137. Substitutions — Merchandise, services or provider. (1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship.

(2) The evaluation of quality shall be based on objective criteria.

(3) The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section.

(4) If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.

History:

[54-1137, added 1989, ch. 138, sec. 2, p. 316; am. 2020, ch. 257, sec. 15, p. 753.]
Idaho Code § 54-310 — Idaho Code / Title 54 / Chapter 3 / Section 54-310
54-310 LICENSE BY ENDORSEMENT OR MUTUAL RECOGNITION AGREEMENT.
Status: in_force

54-310. LICENSE BY ENDORSEMENT OR MUTUAL RECOGNITION AGREEMENT. (1) The board may grant a license to any person who, at the time of application, holds a valid and current license in good standing as an architect issued by the authorized regulatory entity of another state, territory or jurisdiction of the United States, provided that the requirements for licensure are substantially equivalent to the requirements for licensure under this chapter, and upon payment of a fee set in rule by the board.

(2) The board may grant a license pursuant to the terms of a mutual recognition agreement for reciprocal licensure entered into between the board and another state, territory, jurisdiction, or country.

History:

[54-310, added 2018, ch. 129, sec. 2, p. 275; am. 2022, ch. 44, sec. 1, p. 123.]
Idaho Code § 54-1135 — Idaho Code / Title 54 / Chapter 11 / Section 54-1135
54-1135 CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.
Status: in_force

54-1135. Cancellation of contract — Refund of trust deposits. A. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest thereon, less reasonable administrative expenses and taxes incurred in the operation of the trust.

B. Prearrangement sales contracts which are irrevocable pursuant to the terms of such contract shall not be cancellable by the purchaser or by the beneficiary.

History:

[54-1135, added 1989, ch. 138, sec. 2, p. 315.]
Idaho Code § 54-2513 — Idaho Code / Title 54 / Chapter 25 / Section 54-2513
54-2513 HORSE RACING — DISTRIBUTIONS OF DEPOSITS — BREAKAGE.
Status: in_force

54-2513. Horse racing — Distributions of deposits — Breakage. (A) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle in excess of one hundred thousand dollars ($100,000) shall distribute all sums deposited in any pool as follows:

(1) Eighty-two percent (82%) of any win, place or show pool to the winner thereof, and eighteen percent (18%) to the licensee;

(2) Seventy-seven and one-quarter percent (77.25%) of all two (2) horse exotic wagers including, but not limited to, daily doubles and quinellas to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing commission account, and twenty-two percent (22%) to the licensee;

(3) Seventy-five and one-quarter percent (75.25%) of all three (3) or more horse exotic wagers including, but not limited to, trifecta and twin-trifecta to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing commission account, and twenty-four percent (24%) to the licensee.

(B) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle in excess of one hundred thousand dollars ($100,000) shall retain the sums deposited in any pool as required in subsection (A) of this section, for distribution and payment based upon gross daily receipts as follows:

(1) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission, for deposit in the racing commission account, which is hereby created in the state regulatory fund.

(2) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated, shall be paid to the Idaho state racing commission for deposit in the track distribution account, which is hereby created in the pari-mutuel distribution fund, for further distribution to certain Idaho horse race tracks, defined as follows:

a. Recipient horse racing tracks shall be those which, during the race meet year of distribution, have a total race handle from both live races and simulcast races of less than five million dollars ($5,000,000);

b. Distributions to recipient horse racing tracks shall be weighted proportionately on the number of days raced during the year of distribution.

All moneys in the track distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to horse racing tracks shall be made annually but not later than December 15.

(3) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated shall be paid by the licensee to the commission for deposit in the breed distribution account, which is hereby created in the pari-mutuel distribution fund, for payment by the commission in proportion to the handle generated by each horse breed, to lawfully constituted representatives of each horse breed, to benefit owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and racing Arabians, subject to the approval of the commission. Moneys in the breed distribution account on December 31 of each year which have not been distributed by the commission shall be paid to the public school income fund.

All moneys in the breed distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to representatives shall be made quarterly.

(4) From the balance of gross daily receipts remaining with the licensee after the distributions required in subsection (B)(1), (2) and (3) of this section from horse races, the following amounts shall be paid or retained:

a. From the first $20,000 of gross daily receipts, the licensee shall retain the entire amount;

b. From the next $10,000 of gross daily receipts (gross daily receipts between $20,000 and $30,000), the public school income fund and the equine education account shall each receive one-eighth of one percent (.125%), and the licensee shall retain the balance;

c. From the next $10,000 of gross daily receipts (gross daily receipts between $30,000 and $40,000), the public school income fund and the equine education account shall each receive sixty-two and one-half hundredths percent (.625%), and the licensee shall retain the balance;

d. From all amounts of over $40,000 of gross daily receipts, the public school income fund and the equine education account shall each receive one and one-eighth percent (1.125%), and the licensee shall retain the balance.

The public schools' and the equine education account's share shall be paid by the licensee to the racing commission for deposit in the public school income fund or the equine education account as appropriate. The licensee's percentage shall be retained by the licensee.

(C) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle of one hundred thousand dollars ($100,000) or less shall distribute all sums deposited in any pool as follows:

(1) Seventy-seven percent (77%) of any win, place or show pool to the winner thereof, and twenty-three percent (23%) to the licensee;

(2) Seventy-six and one-quarter percent (76.25%) of all other pools to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing account, and twenty-three percent (23%) to the licensee.

(D) Each licensee conducting the pari-mutuel system for live and simulcast horse races shall retain twenty-three percent (23%) of all sums deposited in any pool, for distribution and payment based upon gross daily receipts as follows:

(1) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission, for deposit in the racing commission account.

(2) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated, shall be paid to the Idaho state racing commission for deposit in the track distribution account, for further distribution to certain Idaho horse race tracks, defined as follows:

a. Recipient horse racing tracks shall be those which, during the race meet year of distribution, have a total race handle from both live races and simulcast races of less than five million dollars ($5,000,000);

b. Distributions to recipient horse racing tracks shall be weighted proportionately on the number of days raced during the year of distribution.

All moneys in the track distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to horse racing tracks shall be made annually but not later than December 15.

(3) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated shall be paid by the licensee to the commission for deposit in the breed distribution account, for payment by the commission in proportion to the handle generated by each horse breed, to lawfully constituted representatives of each horse breed, to benefit owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and racing Arabians, subject to the approval of the commission. Moneys in the breed distribution account on December 31 of each year which have not been distributed by the commission shall be paid to the public school income fund. All moneys in the breed distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to representatives shall be made quarterly.

(4) Twenty and three-quarters percent (20.75%) of gross daily receipts from horse races shall be paid or retained as follows:

a. From the first $20,000 of gross daily receipts, the licensee shall retain twenty and three-quarters percent (20.75%);

b. From the next $10,000 of gross daily receipts (gross daily receipts between $20,000 and $30,000), the public school income fund and the equine education account shall each receive one-eighth of one percent (.125%), and the licensee shall retain twenty and one-half percent (20.50%);

c. From the next $10,000 of gross daily receipts (gross daily receipts between $30,000 and $40,000), the public school income fund and the equine education account shall each receive sixty-two and one-half hundredths percent (.625%), and the licensee shall retain nineteen and one-half percent (19.50%);

d. From all amounts of over $40,000 of gross daily receipts, the public school income fund and the equine education account shall each receive one and one-eighth percent (1.125%), and the licensee shall retain eighteen and one-half percent (18.50%).

The public schools' share and the equine education account's share shall be paid by the licensee to the racing commission for deposit in the public school income fund or the equine education account as appropriate. The licensee's percentage shall be retained by the licensee.

(E) Each licensee may retain the odd cents of all redistribution to be based on each dollar deposited exceeding a sum equal to the next lowest multiple of ten (10), known as breakage, and the total amount of unclaimed tickets at the termination of the time allowed by rule of the commission.

(F) If the fiscal year-end balance in the racing commission account exceeds six hundred thousand dollars ($600,000), the excess shall be transferred by the office of the state controller to the pari-mutuel distribution fund, which is hereby created, for further distribution as follows:

(1) Sixty percent (60%) shall be deposited in the Idaho horse owner/breeder award account, which is hereby created in the pari-mutuel distribution fund, and shall be distributed by the racing commission annually, but not later than December 15 of each year as follows:

a. Fifty percent (50%) to the breeders of Idaho bred winners based on the number of live races by each breed for the current calendar year; and

b. Fifty percent (50%) in equal amounts to owners of Idaho bred horse race winners.

c. All moneys in the Idaho horse owner/breeder award account are hereby continuously appropriated to the commission for payment as required in this section.

(2) Forty percent (40%) shall be deposited in the track purse enhancement account, which is hereby created, and paid to all Idaho licensed horse racetracks for the purpose of purse enhancement based on the number of live race dates held the preceding calendar year. Track purse enhancement moneys shall be disbursed no later than thirty (30) days after Idaho state racing commission approval of live race meet license applications for the forthcoming calendar year. All moneys in the track purse enhancement account are hereby continuously appropriated to the commission for payment as required by this section.

History:

[54-2513, added 1969, ch. 221, sec. 4, p. 724; am. 1974, ch. 96, sec. 2, p. 1196; am. 1977, ch. 73, sec. 1, p. 142; am. 1980, ch. 123, sec. 2, p. 279; am. 1983, ch. 205, sec. 1, p. 558; am. 1985, ch. 194, sec. 2, p. 495; am. 1987, ch. 282, sec. 1, p. 592; am. 1987, ch. 316, sec. 5, p. 662; am. 1988, ch. 141, sec. 3, p. 258; am. 1990, ch. 241, sec. 1, p. 688; am. 1990, ch. 399, sec. 1, p. 1117; am. 1992, ch. 19, sec. 3, p. 56; am. 1992, ch. 77, sec. 1, p. 215; am. 1996, ch. 380, sec. 4, p. 1290; am. 1997, ch. 353, sec. 1, p. 1041; am. 1998, ch. 127, sec. 1, p. 474; am. 2000, ch. 245, sec. 2, p. 682; am. 2014, ch. 160, sec. 1, p. 447.]
Idaho Code § 54-2321 — Idaho Code / Title 54 / Chapter 23 / Section 54-2321
54-2321 PSYCHOLOGY INTERJURISDICTIONAL COMPACT.
Status: in_force

54-2321. Psychology Interjurisdictional Compact. The terms and conditions of the psychology interjurisdictional compact are hereby enacted as follows:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

ARTICLE I

PURPOSE

Whereas, states license psychologists in order to protect the public through verification of education, training, and experience and to ensure accountability for professional practice;

Whereas, this compact is intended to regulate the day-to-day practice of telepsychology (i.e., the provision of psychological services using telecommunications technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of this compact, to psychologists licensed in another state;

Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

Whereas, this compact does not apply when a psychologist is licensed in both the home state and receiving states; and

Whereas, although this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.

Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;

2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety;

3. Encourage the cooperation of compact states in the areas of psychology licensure and regulation;

4. Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each compact state; and

6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

ARTICLE II

DEFINITIONS

A. "Adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

B. "Association of state and provincial psychology boards" or "ASPPB" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

C. "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state.

D. "Bylaws" means those bylaws established by the psychology interjurisdictional compact commission pursuant to article X of this compact for its governance or for directing and controlling its actions and conduct.

E. "Client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.

F. "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to article X of this compact.

G. "Compact state" means a state, the District of Columbia, or a United States territory that has enacted this compact legislation and that has not withdrawn pursuant to article XIII, subsection C of this compact or been terminated pursuant to article XII, subsection B of this compact.

H. "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes.

I. "Coordinated licensure information system" or "coordinated database" means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which process is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

J. "Day" means any part of a day in which psychological work is performed.

K. "Distant state" means the compact state where a psychologist is physically present (not through the use of telecommunications technologies) to provide temporary in-person, face-to-face psychological services.

L. "E.Passport" means a certificate issued by the ASPPB that promotes standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

M. "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

N. "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one (1) compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one (1) compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

O. "Identity history summary" means a summary of information retained by the federal bureau of investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

P. "In-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and does not include interactions that may occur through the use of telecommunications technologies.

Q. "Interjurisdictional practice certificate" or "IPC" means a certificate issued by the ASPPB that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one's qualifications for such practice.

R. "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without such authorization.

S. "Non-compact state" means any state that is not at a given time a compact state.

T. "Psychologist" means an individual licensed for the independent practice of psychology.

U. "Psychology interjurisdictional compact commission" or "commission" means the national administration of which all compact states are members.

V. "Receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered.

W. "Rule" means a written statement by the psychology interjurisdictional compact commission promulgated pursuant to article XI of this compact that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact; or that is an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.

X. "Significant investigatory information" means:

1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code and would be considered more substantial than a minor infraction; or

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

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

Z. "State psychology regulatory authority" means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

AA. "Telepsychology" means the provision of psychological services using telecommunications technologies.

BB. "Temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.

CC. "Temporary in-person, face-to-face practice" means a psychologist is physically present (not through the use of telecommunications technologies) in the distant state to provide psychological services for thirty (30) days within a calendar year and is based on notification to the distant state.

ARTICLE III

HOME STATE LICENSURE

A. The home state shall be a compact state where a psychologist is licensed to practice psychology.

B. A psychologist may hold more than one (1) compact state license at a time. If the psychologist is licensed in more than one (1) compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.

E. A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

1. Currently requires the psychologist to hold an active E.Passport;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, no later than ten (10) years after activation of the compact; and

5. Complies with the bylaws and rules of the commission.

F. A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

1. Currently requires the psychologist to hold an active IPC;

2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, no later than ten (10) years after activation of the compact; and

5. Complies with the bylaws and rules of the commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

A. Compact states shall recognize the right of a psychologist licensed in a compact state, in conformance with article III of this compact, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in this compact.

B. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

b. A foreign college or university deemed to be equivalent to subparagraph a. of this paragraph by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service; and

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a member of the core faculty;

g. The program must have an identifiable body of students who are matriculated in that program for a degree;

h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master's degrees; and

j. The program includes an acceptable residency as defined by the rules of the commission;

3. Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;

4. Have no history of adverse action that violates the rules of the commission;

5. Have no criminal record history reported on an identity history summary that violates the rules of the commission;

6. Possess a current, active E.Passport;

7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, and competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and

8. Meet other criteria as defined by the rules of the commission.

C. The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

D. A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.

E. If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended, or otherwise limited, the E.Passport shall be revoked, and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

A. Compact states shall recognize the right of a psychologist licensed in a compact state in conformance with article III of this compact, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed as provided in this compact.

B. To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

b. A foreign college or university deemed to be equivalent to subparagraph a. of this paragraph by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service; and

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a member of the core faculty;

g. The program must have an identifiable body of students who are matriculated in that program for a degree;

h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master's degrees; and

j. The program includes an acceptable residency as defined by the rules of the commission;

3. Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;

4. No history of adverse action that violates the rules of the commission;

5. No criminal record history that violates the rules of the commission;

6. Possess a current, active IPC;

7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and

8. Meet other criteria as defined by the rules of the commission.

C. A psychologist practicing into a distant state under the temporary authorization to practice shall do so within the scope of practice authorized by the distant state.

D. A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.

E. If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state is restricted, suspended, or otherwise limited, the IPC shall be revoked, and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE

A. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:

1. The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or

2. Other conditions regarding telepsychology as determined by rules promulgated by the commission.

ARTICLE VII

ADVERSE ACTIONS

A. A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state.

B. A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

C. If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.

1. All home state disciplinary orders that impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.

2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.

3. Other actions may be imposed as determined by the rules promulgated by the commission.

D. A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license.

E. A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.

F. Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

G. No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection C of this article.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A

COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY

A. In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:

1. Issue subpoenas, for both hearings and investigations, that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses or the production of evidence from another compact 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 state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and

2. Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.

B. During the course of any investigation, a psychologist may not change home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM

A. The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.

B. Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:

1. Identifying information;

2. Licensure data;

3. Significant investigatory information;

4. Adverse actions against a psychologist's license;

5. An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;

6. Nonconfidential information related to alternative program participation information;

7. Any denial of application for licensure and the reasons for such denial; and

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

C. The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

D. Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

E. Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.

ARTICLE X

ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION

A. The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission.

1. The commission is a body politic and an instrumentality of the compact 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. The commission shall consist of one (1) voting representative appointed by each compact state to serve as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

a. Executive director, executive secretary, or similar executive;

b. Current member of the state psychology regulatory authority of a compact state; or

c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.

2. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

3. Each commissioner 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. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication.

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

5. 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 XI of this compact.

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

a. Noncompliance of a compact state with its obligations under the compact;

b. 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;

c. Current, threatened, or reasonably anticipated litigation against the commission;

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

e. Accusation against any person of a crime or formally censuring any person;

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

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

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

i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or

j. Matters specifically exempted from disclosure by federal and state statute.

7. If a meeting, or portion of a meeting, is closed pursuant to this article, 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 by any person participating in the meeting, 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 only 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 commissioners, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:

1. Establishing the fiscal year of the commission;

2. Providing reasonable standards and procedures for the establishment and meetings of other committees and 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 of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public 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 commissioner, 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 law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;

6. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and

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

D. The commission shall publish its bylaws in a convenient form and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.

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

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

G. The commission shall have the following powers:

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

2. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure 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 compact state;

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

6. To accept any and all appropriate donations and grants 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 or conflict of interest;

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

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

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

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

13. To adopt and use an official seal; and

14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.

H. The executive board.

1. The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.

2. The executive board shall be comprised of six (6) members:

a. Five (5) voting members who are elected from the current membership of the commission by the commission;

b. One (1) ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

3. The ex officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

4. The commission may remove any member of the executive board as provided in bylaws.

5. The executive board shall meet at least annually.

6. The executive board shall have the following duties and responsibilities:

a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by compact states such as annual dues and any other applicable fees;

b. Ensure compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the commission;

e. Monitor compact compliance of member states and provide compliance reports to the commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in rules or bylaws.

I. 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 accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, the total amount of which must be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding upon all compact states.

4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same or pledge the credit of any of the compact states, except by and with the authority of the compact state.

5. 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.

J. Qualified immunity, defense, and indemnification.

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

2. The commission shall defend any member, 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 private counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

3. The commission shall indemnify and hold harmless any member, 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 or willful or wanton misconduct of that person.

ARTICLE XI

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.

B. If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.

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

D. 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 on, the commission shall file a notice of proposed rulemaking:

1. On the website of the commission; and

2. On the website of each compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

E. 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 on;

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.

F. 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.

G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons who submit comments independently of each other;

2. A governmental subdivision or agency; or

3. A duly appointed person in an association that has at least twenty-five (25) members.

H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing no less than five (5) business days before the scheduled date of the hearing.

2. 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.

3. No transcript of the hearing is required unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This paragraph shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.

4. 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.

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 members, 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. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

L. 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 the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible and in no event later than ninety (90) days after the effective date of the rule. For the purposes of this subsection, 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 compact state funds;

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

4. Protect public health and safety.

M. The commission or an authorized committee of 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 revisions 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 chair of 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 XII

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight.

1. The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the commission.

3. The commission shall be entitled to receive service of process in any such proceeding 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 compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission; and

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

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

3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.

4. A compact state that 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 incurred by the state that are found to be in default or that have been terminated from the compact, 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 state of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

C. Dispute resolution.

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

2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

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 state of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the 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 member shall be awarded all costs of such litigation, including reasonable attorney's 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 XIII

DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS

A. The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions that become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

B. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

C. Any compact state may withdraw from this compact by enacting legislation repealing the same.

1. A compact state's withdrawal shall not take effect until six (6) months after enactment of the repealing legislation.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

D. Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state that does not conflict with the provisions of this compact.

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

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining compact states.

History:

[54-2321, added 2022, ch. 129, sec. 1, p. 475.]
Idaho Code § 54-5826 — Idaho Code / Title 54 / Chapter 58 / Section 54-5826
54-5826 CERTAIN ACTS PROHIBITED.
Status: in_force

54-5826. certain acts prohibited. The following acts shall be misdemeanors:

(1) Violating a provision of this chapter;

(2) Permitting any person in one's employ, supervision or control to practice barbering, barber-styling, cosmetology or electrology or to practice as an apprentice or student, if that person has not complied with the provisions of this chapter;

(3) Obtaining or attempting to obtain a registration, certificate or license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;

(4) Practicing or offering to practice any of the occupations defined in this chapter, unless licensed, certificated or registered or otherwise exempt as herein provided; and

(5) Maintaining or operating a barber or cosmetology establishment, a retail cosmetics dealer facility, or a barber school or a cosmetology school, unless such facility is licensed or registered as herein provided.

History:

[54-5826, added 2018, ch. 228, sec. 3, p. 535; am. 2025, ch. 75, sec. 5, p. 347.]
Idaho Code § 54-1926 — Idaho Code / Title 54 / Chapter 19 / Section 54-1926
54-1926 PERFORMANCE AND PAYMENT BONDS REQUIRED OF CONTRACTORS FOR PUBLIC BUILDINGS AND PUBLIC WORKS OF THE STATE, POLITICAL SUBDIVISIONS AND OTHER PUBLIC INSTRUMENTALITIES — REQUIREMENTS FOR BONDS — GOVERNMENTAL OBLIGATIONS.
Status: in_force

54-1926. Performance and payment bonds required of contractors for public buildings and public works of the state, political subdivisions and other public instrumentalities — Requirements for bonds — Governmental obligations. Before any contract equal to or greater than fifty thousand dollars ($50,000) for the construction, alteration, or repair of any public building or public work or improvement of the state of Idaho, or of any county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or of any officer, board, commission, institution, or agency of the foregoing, is executed, the person to whom such contract was awarded shall furnish to the state of Idaho, or to such county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or to such officer, board, commission, institution, or agency thereof, bonds that shall become binding upon the execution of the contract, and the person to whom the contract was awarded is hereinafter designated as "contractor":

(1) A performance bond in any amount to be fixed by the contracting body, but in no event less than eighty-five percent (85%) of the contract amount conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Said bond shall be solely for the protection of the public body executing the contract.

(2) A payment bond in an amount to be fixed by the contracting body but in no event less than eighty-five percent (85%) of the contract amount, solely for the protection of persons supplying labor or materials, or renting, leasing, or otherwise supplying equipment to the contractor or his subcontractors in the prosecution of the work provided for in such contract.

(3) Public bodies requiring a performance bond or payment bond in excess of fifty percent (50%) of the total contract amount shall not be authorized to withhold from the contractor or subcontractor any amount exceeding five percent (5%) of the total amount payable as retainage. Further, the public body shall release to the contractor any retainage for those portions of the project accepted by the contracting public body and the contractors as complete within thirty (30) days after such acceptance. Contractors, contracting with subcontractors pursuant to contract work with a public body, shall not be authorized to withhold from the subcontractor any amount exceeding five percent (5%) of the total amount payable to the subcontractor as retainage. The contractor shall remit the retainage to the subcontractor within thirty (30) days after completion of the subcontract.

Each bond shall be executed by a surety company or companies duly authorized to do business in this state, or the contractor may deposit any of the type of government obligations listed in subsection (2)(h) of section 54-1901, Idaho Code, in lieu of furnishing a surety company performance or payment bond or bonds. In the case of contracts of the state or a department, board, commission, institution, or agency thereof the aforesaid bonds shall be payable to the state, or particular state agency where authorized. In case of all other contracts subject to this chapter, the bonds shall be payable to the public body concerned.

Said bonds shall be filed in the office of the department, board, commission, institution, agency or other contracting body awarding the contract.

Nothing in this section shall be construed to limit the authority of the state of Idaho or other public body hereinabove mentioned to require a performance bond or other security in addition to these, or in cases other than the cases specified in this chapter.

It shall be illegal for the invitation for bids, or any person acting or purporting to act, on behalf of the contracting body to require that such bonds be furnished by a particular surety company, or through a particular agent or broker.

History:

[54-1926, added 1965, ch. 28, sec. 2, p. 43; am. 1979, ch. 124, sec. 1, p. 383; am. 1980, ch. 199, sec. 1, p. 460; am. 1986, ch. 67, sec. 2, p. 191; am. 1992, ch. 141, sec. 1, p. 434; am. 1999, ch. 166, sec. 1, p. 453; am. 2005, ch. 213, sec. 31, p. 664.; am. 2017, ch. 197, sec. 3, p. 483.]
Idaho Code § 54-1510 — Idaho Code / Title 54 / Chapter 15 / Section 54-1510
54-1510 REVOCATION OF LICENSES — GROUNDS.
Status: in_force

54-1510. Revocation of licenses — Grounds. Every license issued under the provisions of this chapter shall be subject to suspension, revocation or other discipline upon any of the following grounds pursuant to the procedures set forth in chapter 52, title 67, Idaho Code. All hearings conducted pursuant to this section, whether before the board or a hearing officer, shall be held in Ada county unless otherwise designated by the board.

(1) Fraud or deception in procuring license.

(2) Practicing optometry under a false or assumed name or as a representative or agent of any person, firm or corporation other than another licensed optometrist, a physician licensed to practice medicine and surgery under chapter 18, title 54, Idaho Code, or a professional entity that has been incorporated under the authority of part 9, chapter 21, title 30, Idaho Code, by persons licensed to practice optometry under chapter 15, title 54, Idaho Code, or licensed to practice medicine and surgery under chapter 18, title 54, Idaho Code.

(3) Having been convicted or having received a withheld judgment or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or any act related to the qualifications, functions or duties of an optometrist.

(4) Gross incompetency.

(5) Inability to practice optometry with reasonable skill and safety by reason of:

(a) Mental illness;

(b) Physical illness including, but not limited to, physical deterioration which adversely affects cognitive, motor or perceptive skills;

(c) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substances which impair ability; or

(d) Having a communicable, contagious or infectious disease which endangers the health of patients.

(6) Failure to pay to the board or the division of occupational and professional licenses the annual fee and to secure a renewal license, whereupon after twenty (20) days' notice by registered mail the license of such delinquent may be revoked; but the payment of such fee at or before the time of hearing, with such additional sum, not exceeding twenty-five dollars ($25.00) as may be fixed by the board of optometry, shall excuse the default.

(7) Any practice or behavior of a character likely to deceive or defraud the public.

(8) Obtaining of any fee or compensation by fraud, deceit or misrepresentation.

(9) Employing, either directly or indirectly, any suspended or unlicensed optometrist to do optometric work.

(10) Advertising the practice of optometry in a false, misleading or deceptive manner.

(11) Employment or use of what are known as "cappers" or "steerers."

(12) Consistently accepting referrals that violate the laws of the state of Idaho.

(13) For willfully permitting or allowing or causing a person who is not a licensed optometrist or a licensed physician or surgeon to use the optometrist's prescription or optometric finding to fit contact lenses upon a person or member of the public.

(14) For violation of any of the provisions of this chapter or the rules or code of ethics made and promulgated by the state board of optometry, as authorized in section 54-1509, Idaho Code.

(15) For willfully attempting to violate, directly or indirectly, conspiring to violate, or assisting or participating in or abetting the violation of any of the provisions of this chapter or the rules or code of ethics made, prescribed or promulgated by the state board of optometry pursuant to the authority granted in this chapter.

(16) Having engaged in any conduct which constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the licensee by the patient.

(17) Having committed any act that constitutes a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.

History:

[54-1510, added 1972, ch. 91, sec. 2, p. 179; am. 1973, ch. 286, sec. 1, p. 609; am. 1974, ch. 13, sec. 127, p. 138; am. 1989, ch. 33, sec. 2. p. 40; am. 1993, ch. 216, sec. 64, p. 647; am. 2009, ch. 118, sec. 7, p. 380; am. 2015, ch. 251, sec. 7, p. 1049; am. 2020, ch. 175, sec. 21, p. 524; am. 2022, ch. 94, sec. 24, p. 299.]
Idaho Code § 54-414 — Idaho Code / Title 54 / Chapter 4 / Section 54-414
54-414 BOXING ROUNDS AND BOUTS LIMITED.
Status: in_force

54-414. Boxing rounds and bouts limited. No boxing contest or boxing exhibition held in this state whether under the provisions of this chapter or otherwise shall be for more than ten (10) rounds. Each round in a contest or exhibition shall be scheduled to last for the same length of time. No one (1) round of any boxing contest or exhibition shall be scheduled for longer than three (3) minutes and there shall be not less than one (1) minute intermission between each round. In the event of bouts involving a state or regional championship, the commission may grant an extension of no more than two (2) additional rounds to allow total bouts of twelve (12) rounds. The commission shall promulgate rules to assure clean and sportsmanlike conduct on the part of all participants and officials, and the proper and orderly conduct of the contest or exhibition in all respects, including, but not limited to, the weight of the gloves required for contests and exhibitions, and to otherwise make rules consistent with this chapter, but such rules shall apply only to contests or exhibitions held under the provisions of this chapter.

History:

[(54-414) 54-412, added 1992, ch. 229, sec. 2, p. 683; am. and redesig. 2004, ch. 385, sec. 14, p. 1157; am. 2009, ch. 93, sec. 8, p. 277.]
Idaho Code § 54-705 — Idaho Code / Title 54 / Chapter 7 / Section 54-705
54-705 EXCEPTIONS — PROHIBITED PRACTICES — NEGLIGENCE ESTABLISHED.
Status: in_force

54-705. Exceptions — Prohibited practices — Negligence established. (1) Under the circumstances described and, subject in each case to the limitations stated, the following persons, though not holding a license to practice chiropractic in this state, may engage in activities included in the practice of chiropractic:

(a) A person licensed by this state pursuant to chapter 18, title 54, Idaho Code;

(b) A chiropractic assistant as shall be defined and regulated by the board, administering a procedure set forth in section 54-704, Idaho Code, but not including the adjustment or manipulation of articulations of the body, as specifically directed by a chiropractic physician as long as such directions are within the scope of chiropractic practice;

(c) A person rendering aid in an emergency, for which no fee for the services is contemplated, charged or received;

(d) A person residing in another state or country and authorized to practice chiropractic there, who is called in consultation by a person licensed in this state to practice chiropractic, or who for the purpose of furthering chiropractic education is invited into this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, so long as he does not open an office or appoint a place to meet patients or receive calls in this state;

(e) A person authorized to practice chiropractic in another state or country rendering chiropractic care in a time of disaster or while caring for an ill or injured person while at the scene of an emergency and while continuing to care for such person;

(f) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to the provisions of this chapter, of any person licensed or registered in this state by any other law, from engaging in any health care profession or occupation for which such person is licensed or registered;

(g) A medical officer of the armed forces of the United States, of the United States public health service, or of the veterans administration, while engaged in the performance of his official duties;

(h) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;

(i) A person administering a family remedy to a member of the family;

(j) A person authorized or licensed by this state to engage in activities which may involve the practice of medicine;

(k) A person who administers treatment or provides advice regarding the human body and its functions that:

(i) Does not use legend drugs or prescription drugs in such practice;

(ii) Uses natural elements such as air, heat, water and light;

(iii) Only uses class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;

(iv) Only uses vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements; and who

(v) Does not perform surgery;

(vi) Requires each person receiving services to sign a declaration of informed consent which includes an overview of the health care provider's education which states that the health care provider is not an "M.D." or "D.O." and is not licensed under the provisions of this chapter;

(l) Any person who practices massage therapy as defined in section 54-704(2)(c), Idaho Code;

(m) A chiropractic intern, as defined and regulated by the board, who is registered with the board to practice chiropractic under the direct supervision of a licensed chiropractic physician pursuant to a preceptor program adopted and developed by the rules of the board.

(2) Except as provided in subsection (1) of this section, it is unlawful for any person to practice chiropractic in this state without a license and, upon conviction thereof, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.

(3) It is unlawful for any person to assume or use the title or designation "chiropractor," "chiropractic physician," "doctor of chiropractic," the initials "D.C.," or any word, title or abbreviation thereof calculated to induce the belief that he is engaged in the practice of chiropractic or to indicate to the public that such person is licensed to practice chiropractic pursuant to this chapter unless such person is so licensed, and upon conviction thereof, such person shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.

(4) When a person has been a recipient of services constituting the unlawful practice of chiropractic, whether or not he knew the rendition of the services was unlawful, proof of the rendition of unlawful services to the recipient, in an action against the provider of such services for damages allegedly caused by the services, constitutes prima facie evidence of negligence, shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:

(a) Amount of any fees paid for the unlawful services; and

(b) Reasonable attorney's fees and court costs.

(5) The board shall refer all violations made known to it to an appropriate prosecuting attorney. The board shall render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.

History:

[54-705, added 1980, ch. 334, sec. 2, p. 863; am. 1987, ch. 144, sec. 1, p. 286; am. 1993, ch. 157, sec. 2, p. 402; am. 2001, ch. 80, sec. 1, p. 201; am. 2003, ch. 277, sec. 1, p. 742; am. 2017, ch. 190, sec. 3, p. 432.]
Idaho Code § 54-2103 — Idaho Code / Title 54 / Chapter 21 / Section 54-2103
54-2103 DEFINITIONS.
Status: in_force

54-2103. Definitions. As used in this chapter:

(1) "Accredited continuing education activity" means a provider and course, seminar, scientific program or any other activity approved by the board or its designees for continuing education credit.

(2) "Accredited or approved school of veterinary medicine" means any veterinary college or division of a university or college inside or outside the United States or Canada that offers the degree of doctor of veterinary medicine, veterinary medicine doctor, or its equivalent and is accredited or approved by the council on education of the American veterinary medical association or other accrediting agency or association approved by the board.

(3) "Allied health professional" means a person holding a current active license, in good standing, in any state to practice one (1) of the healing arts including, but not limited to, medicine, dentistry, osteopathy, chiropractic, acupuncture and podiatry.

(4) "Anesthetized" means any condition of general anesthesia, caused by the administration of a drug or combination of drugs in sufficient quantity to produce a state of unconsciousness or disassociation and blocked response to a given pain or alarm stimulus.

(5) "Animal" means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.

(6) "Assistant" means any individual, other than a certified veterinary technician or a licensed veterinarian, who is utilized by a licensed veterinarian to assist in the performance of acts pertaining to the practice of veterinary medicine.

(7) "Board" means the state board of veterinary medicine.

(8) "Certified euthanasia agency" or "CEA" means a law enforcement agency, an animal control agency or a society for the prevention of cruelty to animals that has been inspected and certified by the committee on humane euthanasia or the board.

(9) "Certified euthanasia technician" or "CET" means a person employed by a certified euthanasia agency who is instructed and certified by the committee on humane euthanasia or the board as defined in the rules of the board, but not to include an individual employed as a technician by animal research laboratories.

(10) "Certified veterinary technician" means a person who has fulfilled the certification requirements prescribed by board rule and has been certified by the board to practice veterinary technology in this state.

(11) "Consultation" means a deliberation between two (2) or more veterinarians concerning the diagnosis of a disease or the proper management of the case.

(12) "Credit hour" means fifty (50) minutes of participation in an accredited continuing education activity.

(13) "Dentistry" is the practice of veterinary medicine and means the application or use of any instrument or device to any portion of an animal's tooth, gum or any related tissue for the prevention, cure or relief of any wound, fracture, injury, disease or other condition of an animal's tooth, gum or related tissue. Dentistry includes, but is not limited to:

(a) "Preventive dental procedures" including, but not limited to, the removal of calculus, soft deposits, plaque, stains, and floating to shape the teeth above the gum line or the smoothing, filing or polishing of tooth surfaces above the gum line; and

(b) "Operative dentistry/oral surgery" or any other dental procedure that invades the hard or soft oral tissue, including a procedure that alters the structure of one (1) or more teeth or repairs damaged and diseased teeth or the deliberate extraction of one (1) or more teeth.

(14) "Direct supervision" means the supervising veterinarian is on the premises where the animal is being treated, is quickly and easily available, and the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires.

(15) "Discipline" means board action including, but not limited to:

(a) Refusing to issue, renew or reinstate a license, permit or certification to practice as a licensed veterinarian, a certified veterinary technician, a certified euthanasia agency or a certified euthanasia technician;

(b) Denial, revocation, suspension, sanction, probation or voluntary surrender of a license, permit or certification to practice as a licensed veterinarian, a certified veterinary technician, a certified euthanasia agency or a certified euthanasia technician;

(c) The ability to enter into consent agreements and negotiated settlements with licensed veterinarians, certified veterinary technicians, certified euthanasia agencies and certified euthanasia technicians;

(d) The ability to bring an administrative or civil action against any person in or outside of this state who practices veterinary medicine or veterinary technology or who performs euthanasia within this state.

(16) "Emergency" means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life.

(17) "Emergency veterinary facility" means any facility with the primary function of receiving, treating, and monitoring emergency patients during its specified hours of operation or that displays to the public any sign, card, or advertisement that indicates it is an emergency veterinary clinic or hospital. An emergency veterinary facility may be an independent after-hours service, an independent twenty-four (24) hour service, or part of a full-service veterinary medical facility.

(18) "Committee on humane euthanasia" means a committee established by the board for the purposes of training, examining, certifying and inspecting certified euthanasia agencies and certified euthanasia technicians.

(19) "Extra label use" means the actual or intended use of a human or veterinary drug in an animal in a manner that is not in accordance with the drug's labeling.

(20) "Floating" means shaping the posterior (cheek) teeth and the incisors (cutting teeth) in horses, mules and donkeys through the use of hand floats, rasps, burs, mechanical files or other file-like instruments to restore balance, allow more efficient mastication, and reduce pain and trauma to the periodontal tissues.

(21) "Herd," "litter," or "flock" of animals means animals managed as a group for purposes including, but not limited to, breeding, sale, show or food production.

(22) "In good standing" means, when used in reference to an applicant for licensure or certification, that an applicant:

(a) Has not been the recipient of any administrative penalties regarding the practice of veterinary medicine including, but not limited to, fines, formal reprimands, license suspensions or revocations (except for license revocations for nonpayment of license renewal fees) or probationary limitations, or has not entered into any consent agreement or negotiated settlement that contains conditions placed by a board on the applicant's professional conduct and practice, including any voluntary surrender of a license; and

(b) Has never had privileges restricted or revoked by the United States drug enforcement administration; and

(c) Is not currently under investigation by another veterinary licensing authority for acts that would provide a basis for disciplinary action in this state, as determined by the board; and

(d) Has no physical or mental impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public; and

(e) Has no criminal conviction record or pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of veterinary medicine or deemed relevant in accordance with section 67-9411(1), Idaho Code. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the board in sufficient detail to enable the board to make a determination whether the record or charge is substantially related to the practice of veterinary medicine.

(23) "Indirect supervision" means the supervising veterinarian is not on the premises but is available for immediate contact by telephone, radio or other means, has given either written or oral instructions for treatment of the animal patient, the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires, and the animal, if previously anesthetized, has recovered to the point of being conscious and sternal.

(24) "Legend/prescription drug" means any drug that, under federal law, regulation or rule, is required, prior to being distributed or delivered, to be labeled with one (1) of the following statements: "Caution: Federal law restricts this drug to be used by or on the order of a licensed veterinarian," or "Caution: Federal law prohibits dispensing without a prescription," or "Rx Only," or a drug that is required by any applicable state or federal law, rule or regulation to be distributed or dispensed pursuant to a prescription only or is restricted to use by licensed practitioners only.

(25) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.

(26) "Malpractice" means, but is not limited to:

(a) Treatment in a manner contrary to accepted veterinary practices and with injurious results; or

(b) Any professional misconduct or unreasonable lack of professional skill or fidelity in the performance of the professional practice of veterinary medicine; or

(c) Failure to provide adequate supervision, except in an emergency situation; or

(d) Allowing an unqualified individual to perform a procedure that is part of the practice of veterinary medicine; or

(e) The negligent practice of veterinary medicine, as determined by the standard of practice for the area, that results in injury, unnecessary suffering or death.

(27) "Medical incompetence" means lacking in sufficient medical knowledge or skills or both to a degree likely to endanger the health of patients.

(28) "Mobile clinic" means a vehicle including, but not limited to, a camper, motor home, trailer or mobile home used as a veterinary medical facility. A mobile clinic is not required for house calls or farm calls.

(29) "On-call emergency service" means a veterinary medical facility that is available to provide emergency veterinary services as requested if a veterinarian is available.

(30) "Owner/ownership" means ownership as defined by the laws of property and ownership, chapter 1, title 55, Idaho Code.

(31) "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person.

(32) "Physical or mental incompetence" means the veterinarian's ability to practice veterinary medicine with reasonable skill and safety is impaired by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or any other substance, or as a result of any mental or physical disability.

(33) "Practice of veterinary medicine" in this state, through telephonic, electronic or other means, regardless of the location of the veterinarian, includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine and means:

(a) To directly or indirectly diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescribing, dispensing, delivering or administering of any drug, medicine, biologic, apparatus application, anesthetic or other therapeutic or diagnostic substance or technique, or the use of any obstetrical procedure or any manual or mechanical procedure for artificial insemination, for testing or examining for pregnancy, fertility evaluation, embryo transplant, grading of fresh semen, or to render advice or recommendation with regard to any act described in this paragraph.

(b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a) of this subsection.

(c) To use any title, words, abbreviations or letter in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in paragraph (a) of this subsection, except where such person is a licensed veterinarian.

(34) "Professional supervision" means the supervising veterinarian is in daily contact by telephone, radio or other means with the temporary licensee.

(35) "Referral" means the transfer of responsibility for diagnosis and treatment from the referring veterinarian to the receiving veterinarian, or from the referring veterinarian to the board-certified specialist, or from the referring veterinarian to an allied health professional.

(36) "Regular employee" means a person who performs services for the animal's owner other than, or in addition to, feeding, boarding, castrating and dehorning, but does not include independent contractors or agents.

(37) "Supervision" means the action or process of a supervising veterinarian in directing activities or a course of action for those individuals to whom activities or functions have been assigned or delegated.

(38) "Supervising veterinarian" means a licensed veterinarian utilizing the services of a temporary licensee, certified veterinary technician, veterinary technician, veterinary technician with a temporary certification, veterinary assistant, certified euthanasia technician, or as provided by the rules of the board. A supervising veterinarian shall be individually responsible and liable, regardless of the supervision provided, for all damages arising out of the veterinarian's own acts or omissions and for the performance of any acts and omissions pertaining to the practice of veterinary medicine that are delegated to the temporary licensee, certified veterinary technician, veterinary technician, veterinary assistant or certified euthanasia technician. Nothing herein shall be construed to deprive the board of its disciplinary authority with respect to temporary licensees, certified veterinary technicians, veterinary technicians, veterinary assistants or certified euthanasia technicians.

(39) "Unethical or unprofessional conduct" means to knowingly engage in conduct of a character likely to deceive or defraud the public, false or misleading advertising or solicitation, obtaining any fee or compensation by fraud or misrepresentation, sharing office space and working in conjunction with any person illegally practicing veterinary medicine, employing either indirectly or directly an unlicensed or uncertified person to perform acts pertaining to the practice of veterinary medicine, except as provided by law or rule, or the violation of any law or rules of the board pertaining to unethical or unprofessional conduct or that provide a code of professional conduct to be followed and carried out by persons licensed or certified by the board.

(40) "Unlicensed practice" means:

(a) The practice of veterinary medicine in this state, through telephonic, electronic or other means, regardless of the location of the veterinarian, without a valid, unexpired, unrevoked, and unsuspended active license or certification in this state to do so, except as provided by law or rule; or

(b) Representing oneself through offerings, advertisements or use of professional titles or designations as being qualified to practice veterinary medicine.

(41) "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from an accredited or approved school of veterinary medicine or as otherwise provided by law or rule.

(42) "Veterinarian on call" means a veterinarian is not present at the veterinary medical facility but is able to respond within a reasonable time to requests for emergency veterinary services.

(43) "Veterinarian on premises" means a veterinarian is present at the veterinary medical facility and is prepared and qualified to render veterinary services.

(44) "Veterinary medical facility" means any premises, office, unit, structure, mobile unit, or area utilized for the practice of veterinary medicine other than the premises of an owner when used for treatment of the owner's animal.

(45) "Veterinary technician" means a person who has graduated from a veterinary technology program accredited or approved by the committee on veterinary technician education and activities of the American veterinary medical association or other accrediting agency approved by the board or a person who has received equivalent training as set forth in the rules of the board.

(46) "Veterinary technology" means the performance of services within the practice of veterinary medicine by a person working under the direction of a supervising veterinarian to perform duties that require an understanding of veterinary medicine in order to carry out the orders of the veterinarian. Veterinary technology does not include prognosis, diagnosis, operative dentistry, deliberate tooth extraction procedures, or the prescribing of treatment or performing surgery of any kind.

History:

[54-2103, added 1971, ch. 173, sec. 3, p. 812; am. 1983, ch. 139, sec. 3, p. 337; am. 1990, ch. 111, sec. 2, p. 223; am. 1991, ch. 138, sec. 1, p. 326; am. 1995, ch. 62, sec. 1, p. 145; am. 2000, ch. 122, sec. 1, p. 269; am. 2001, ch. 149, sec. 1, p. 525; am. 2006, ch. 139, sec. 1, p. 395; am. 2007, ch. 54, sec. 1, p. 126; am. 2009, ch. 82, sec. 1, p. 229; am. 2010, ch. 105, sec. 1, p. 207; am. 2013, ch. 79, sec. 1, p. 194; am. 2013, ch. 290, sec. 1, p. 762; am. 2016, ch. 119, sec. 1, p. 343; am. 2020, ch. 175, sec. 25, p. 529; am. 2021, ch. 40, sec. 1, p. 92.]
Idaho Code § 54-1853 — Idaho Code / Title 54 / Chapter 18 / Section 54-1853
54-1853 INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
Status: in_force

54-1853. interstate medical licensure compact commission. (1) The member states hereby create the interstate medical licensure compact commission.

(2) The purpose of the commission is the administration of the interstate medical licensure compact, which is a discretionary state function.

(3) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth in the compact and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(4) The interstate commission shall consist of two (2) voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one (1) representative from each member board. A commissioner shall be:

(a) An allopathic or osteopathic physician appointed to a member board;

(b) An executive director, executive secretary or similar executive of a member board; or

(c) A member of the public appointed to a member board.

(5) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(6) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

(7) Each commissioner participating at a meeting of the interstate commission is entitled to one (1) vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (4) of this section.

(8) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting would be likely to:

(a) Relate solely to the internal personnel practices and procedures of the interstate commission;

(b) Discuss matters specifically exempted from disclosure by federal statute;

(c) Discuss trade secrets, commercial or financial information that is privileged or confidential;

(d) Involve accusing a person of a crime or formally censuring a person;

(e) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) Discuss investigative records compiled for law enforcement purposes; or

(g) Specifically relate to the participation in a civil action or other legal proceeding.

(9) The interstate commission shall keep minutes that shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(10) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

(11) The interstate commission shall establish an executive committee, which shall include officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.

(12) The interstate commission may establish other committees for governance and administration of the compact.

History:

[54-1853, added 2015, ch. 105, sec. 1, p. 253.]
Idaho Code § 54-2212 — Idaho Code / Title 54 / Chapter 22 / Section 54-2212
54-2212 QUALIFICATIONS FOR LICENSURE OF FOREIGN-EDUCATED PHYSICAL THERAPISTS.
Status: in_force

54-2212. Qualifications for licensure of foreign-educated physical therapists. (1) An applicant for licensure as a physical therapist or physical therapist assistant who has been educated outside of the United States shall:

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

(b) Submit a completed written application to the board on forms furnished by the board which shall require proof of graduation from a school for physical therapists or physical therapist assistants with a curriculum acceptable to the board;

(c) Have his or her education credentials evaluated by a board approved credential evaluation agency and provide satisfactory evidence that his or her education is substantially equivalent to the requirements of physical therapists or physical therapist assistants educated in accredited educational programs as determined by the board. If the board determines that a foreign-educated applicant's education is not substantially equivalent, it may require successful completion of additional coursework before proceeding with the application process;

(d) Provide written proof that the school of physical therapy education is recognized by its own ministry of education and that such education would qualify the person for a license to practice physical therapy without limitation in that country;

(e) If the applicant has actually practiced as a physical therapist or physical therapist assistant abroad, the applicant shall provide written proof of authorization to practice as a physical therapist without limitation in the country where the professional education occurred;

(f) Provide proof of legal authorization to reside and seek employment in the United States or its territories;

(g) Provide proof of passing scores on standardized English proficiency examinations as approved by the board if English is not the applicant's native language; and

(h) Have successfully passed competency examinations authorized by the board.

(2) Notwithstanding the provisions of this section, if the foreign-educated physical therapist or physical therapist assistant applicant is a graduate of a professional physical therapy education program accredited by an agency approved by the board, requirements in subsections (1)(c) and (1)(d) of this section shall be waived.

History:

[(54-2212) 54-2211, added 2001, ch. 197, sec. 2, p. 670; am. and redesig. 2006, ch. 116, sec. 9, p. 320; am. 2009, ch. 95, sec. 2, p. 281; am. 2010, ch. 107, sec. 1, p. 218; am. 2022, ch. 246, sec. 18, p. 802.]
Idaho Code § 54-5318 — Idaho Code / Title 54 / Chapter 53 / Section 54-5318
54-5318 FILLING OF LIQUEFIED PETROLEUM GAS CONTAINERS — RESTRICTIONS.
Status: in_force

54-5318. filling of liquefied petroleum gas containers — restrictions. (1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:

(a) The actual damages to the container lessor, including incidental and consequential damages and attorney's fees; or

(b) Five hundred dollars ($500) for each violation.

(2) The burden of ascertaining the terms of a written lease for purposes of subsection (1) of this section is on the person filling the liquefied petroleum gas container. A person has ascertained the terms of a written lease if he has:

(a) Read the lease;

(b) Received the assurance of the container owner that the lease does not prohibit the person from filling the container;

(c) Obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or

(d) The leased liquefied petroleum gas container is clearly labeled, near the container fill point, as a container subject to lease terms prohibiting the filling of the container without the lessor's permission.

(3) If a lessee misrepresents his ownership or the terms of his written lease, the lessee who made the misrepresentation, and not the person filling the tank, is liable for the damages under subsection (1) of this section.

(4) If a written liquefied petroleum gas container lease restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:

(a) Typing the restriction in at least two-point larger type than the majority of the document type;

(b) Underlining the restriction; or

(c) Typing the restriction in boldface type.

(5) A lessor whose liquefied petroleum gas container lease does not comply with the provisions of subsection (4) of this section is disqualified from protection under this section.

History:

[54-5318, added 2019, ch. 91, sec. 1, p. 335.]
Idaho Code § 54-4103 — Idaho Code / Title 54 / Chapter 41 / Section 54-4103
54-4103 USE OF TERM “LICENSED” OR “CERTIFIED” APPRAISER — UNLAWFUL PRACTICE OF APPRAISAL.
Status: in_force

54-4103. Use of term "licensed" or "certified" appraiser — Unlawful practice of appraisal. It shall be unlawful for any person in this state to assume or use the title "state licensed" or "state certified real estate appraiser" or any title, designation or abbreviation likely to create the impression of licensure or certification by the state of Idaho for any real estate appraisal, unless the person has first been licensed or certified by the real estate appraiser board under the provisions of this chapter. The board may adopt for the exclusive use of persons licensed or certified under the provisions of this chapter, a seal, symbol or other mark identifying the user as a state licensed or certified real estate appraiser.

It shall be unlawful for any person to appraise, practice appraisal, assume to act as, or hold themselves out to the public as an appraiser, or carry on the calling of an appraiser within the state, or to perform an appraisal of real estate located in this state unless the person has first been licensed or certified by the board under the provisions of this chapter.

History:

[54-4103, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 3, p. 283; am. 1999, ch. 54, sec. 1, p. 136.]
Idaho Code § 54-2313 — Idaho Code / Title 54 / Chapter 23 / Section 54-2313
54-2313 UNAUTHORIZED PRACTICE OF MEDICINE.
Status: in_force

54-2313. Unauthorized practice of medicine. Nothing herein shall be construed as authorizing any person licensed as a psychologist to engage in any manner in the practice of medicine as defined in the laws of this state. A psychologist who engages in psychotherapy shall make provision for the diagnosis and treatment of medical conditions in collaboration with a physician licensed pursuant to title 54, chapter 18, Idaho Code. A psychologist shall not diagnose, prescribe for or treat a client with reference to a medical condition.

History:

[54-2313, added 1963, ch. 186, sec. 13, p. 549; am. 1987, ch. 147, sec. 4, p. 294.]
Idaho Code § 54-3604 — Idaho Code / Title 54 / Chapter 36 / Section 54-3604
54-3604 COMMISSION MEMBERS — APPOINTMENT.
Status: in_force

54-3604. Commission members — Appointment. Grower and producer members of the commission shall be selected as follows:

(1) The governor shall appoint three (3) grower members and two (2) producer members.

(2) The three (3) grower members shall be appointed to one (1), two (2) and three (3) year terms, respectively. The two (2) producer members shall be appointed to two (2) and three (3) year terms, respectively. Members shall be selected from nominations made by growers and producers as follows:

(a) Prior to July 1, the growers of the state shall convene for the purpose of nominating grower commission members. The growers of the state shall nominate at least three (3) and no more than six (6) growers and submit the names to the governor.

(b) Prior to July 1, the producers shall convene for the purpose of nominating producer commission members. The producers shall nominate at least two (2) and no more than four (4) producers and submit the names to the governor.

Initial commission members shall commence their terms, August 1, 1991. Terms of commission members thereafter shall be for three (3) years.

(3) Members of the commission may not serve more than two (2) consecutive terms; provided, upon serving two (2) consecutive terms, and the lapse of one (1) full term, such member may again be appointed to the commission.

(4) Commission members currently serving shall continue to serve until reappointed or until a new commission member is appointed.

(5) In the event there are vacancies in the commission, the governor shall make the appointment or appointments to fill the vacancy.

History:

[54-3604, added 1984, ch. 42, sec. 1, p. 69; am. 1991, ch. 319, sec. 2, p. 831; am. 2005, ch. 320, sec. 1, p. 987.]
Idaho Code § 54-2045 — Idaho Code / Title 54 / Chapter 20 / Section 54-2045
54-2045 TRUST ACCOUNT DEPOSITS AND RECEIPT OF CONSIDERATION.
Status: in_force

54-2045. Trust account deposits and receipt of consideration. Except as otherwise provided in this section, all entrusted funds received by a broker in connection with a regulated real estate transaction, including, but not limited to, earnest money, shall be deposited into a real estate trust account maintained by the broker at an approved depository. In addition, all earnest money, option money, promissory notes, tangible personal property and any other consideration received by a broker, regardless of form, must be accounted for upon receipt and in the following manner:

(1) Time of deposit. All moneys received by a broker for another in a real estate transaction are to be deposited on or before the banking day immediately following the receipt day of such funds, unless written instructions signed by the party or parties having an interest in the funds direct the broker to do otherwise.

(2) Checks held in uncashed form. A ledger record must also be created when the broker or associate receives a check to be held for later deposit. However, such a check must be accompanied by written instructions in the purchase and sale agreement or offer to withhold deposit until a time certain, such as acceptance of the offer by the seller.

(3) Consideration returned before deposit. A ledger record must also be created even if the consideration received by a broker or salesperson is to be returned before it has been deposited or otherwise transferred. A written and dated notation must be placed on both the purchase and sale agreement, offer or other document dealing with the consideration, and on the ledger record. No consideration is to be returned without the knowledge and consent of the broker.

(4) Consideration received by sales associate. All consideration, including cash, checks held in uncashed form and promissory notes, received by a sales associate in connection with a real estate transaction shall be immediately delivered to the broker or the broker's office.

History:

[54-2045, added 2000, ch. 285, sec. 3, p. 936; am. 2007, ch. 98, sec. 10, p. 299.]
Idaho Code § 54-1102 — Idaho Code / Title 54 / Chapter 11 / Section 54-1102
54-1102 DEFINITIONS.
Status: in_force

54-1102. Definitions. As used in this act:

(1) "Board" means the state board of morticians of the state of Idaho or any successor thereof.

(2) "Burial" means the interment or entombment of dead human bodies in any manner.

(3) "Cremains" means human remains after cremation.

(4) "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory.

(5) "Crematory" means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains.

(6) "Columbarium" means a structure, room or other space in a building or structure containing niches for permanent inurnment of cremains.

(7) "Department" means the department of self-governing agencies of the state of Idaho.

(8) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.

(9) "Embalming" means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process.

(10) "Establishment" means any funeral establishment or crematory establishment regulated by the board of morticians.

(11) "Funeral director" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:

(a) Directing or supervising the burial, cremation or disposal of dead human bodies.

(b) Arranging for funeral services for dead human bodies.

(c) Selling funeral goods and services to the public.

(d) Conducting, directing or supervising a funeral service.

(12) "Funeral director license" means a yearly license issued by the board to act as a funeral director and perform funeral director services as defined in this chapter.

(13) "Funeral director services" means the services of a funeral director defined in subsection (11) of this section. Funeral director services do not include embalming.

(14) "Funeral establishment" means a place of business at a specific street address or location devoted to the embalming and care and preparation for burial or disposal of dead human bodies including all portions of such business premises and all tools, instruments and supplies used in the preparation and embalming of dead human bodies for burial or disposal, and including any chapel or other facility in which funeral or other religious services may be conducted.

(15) "Funeral establishment license" means a yearly license issued by the board authorizing the licensee to conduct a funeral establishment as defined in this chapter.

(16) "Funeral services" means any funeral or religious service conducted in connection with, or preparatory to, the burial or disposal of a dead human body.

(17) "Funeral supplies" means caskets, vaults, burial receptacles and any other personal property sold for use in the burial or disposal of a human body.

(18) "Human remains" means the body of a deceased person in any condition or state of decomposition including cremated remains.

(19) "Mortician" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:

(a) Caring for or preparing dead human bodies for burial, cremation or disposal.

(b) Disinfecting or preparing dead human bodies by embalming, or otherwise, for funeral service, transportation, burial, cremation or disposal.

(c) Directing or supervising the burial, cremation or disposal of dead human bodies.

(d) Arranging for funeral services for dead human bodies.

(e) Selling funeral goods and services to the public.

(f) Conducting, directing or supervising a funeral service.

(20) "Mortician license" means a yearly license issued by the board to act as a mortician and perform mortician services as defined in this chapter.

(21) "Mortician services" means the services of a mortician defined in subsection (19) of this section.

(22) "Resident trainee" means a person who is engaged in preparing to become licensed as a mortician or funeral director, and who practices under the direct and immediate personal supervision of a licensed mortician pursuant to rules adopted by the board.

(23) "Resident trainee license" means a yearly license issued by the board to act as a licensed resident trainee and perform services under the direct personal supervision of a licensed mortician as defined in this chapter.

History:

[54-1102, added 1970, ch. 70, sec. 2, p. 167; am. 1974, ch. 13, sec. 91, p. 138; am. 2003, ch. 257, sec. 1, p. 665; am. 2022, ch. 94, sec. 16, p. 294.]
Idaho Code § 54-1861 — Idaho Code / Title 54 / Chapter 18 / Section 54-1861
54-1861 DISPUTE RESOLUTION.
Status: in_force

54-1861. DISPUTE RESOLUTION. (1) The interstate commission shall attempt upon the request of a member state to resolve disputes which are subject to the compact and which may arise among member states or member boards.

(2) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution, as appropriate.

History:

[54-1861, added 2015, ch. 105, sec. 1, p. 258.]
Idaho Code § 54-1216 — Idaho Code / Title 54 / Chapter 12 / Section 54-1216
54-1216 EXPIRATIONS AND RENEWALS — FEES.
Status: in_force

54-1216. Expirations and renewals — Fees. (1) Each licensee or intern shall apply for renewal by the licensee's birthday in even-numbered state of Idaho fiscal years for those born in even-numbered calendar years and in odd-numbered state of Idaho fiscal years for those born in odd-numbered calendar years, and shall become invalid on that date unless renewed.

(2) Certificates of authorization for business entities shall expire biennially on the last day of the month of the anniversary of the original issue date of the certificate of authorization. The first renewal of the certificate of authorization shall not be required until twelve (12) months after the last day of the certificate holder's anniversary date following the initial certificate of authorization.

(3) Renewal shall be effective after the payment of a renewal fee to be fixed by the board at not more than one hundred fifty dollars ($150) per year and upon completion of any requirements for renewal required by this chapter or administrative rule.

(4) The failure on the part of any licensee or certificate holder to renew his or its license or certificate before expiration shall not deprive such person or business entity of the right of renewal, but the fee to be paid for the renewal of a license or certificate after the month in which it is due shall be increased fifty percent (50%) for each month or fraction of a month that payment of renewal is delayed; provided however, that the maximum fee for delayed renewal shall not exceed five hundred dollars ($500).

(5) Any work performed after a license or certificate of authorization has expired, but before delayed renewal has been effected, shall become valid upon delayed renewal as if the license or certificate of authorization had not expired, but the licensee or certificate holder may be subject to disciplinary action by the board for practice on an expired license or such other action as provided pursuant to this chapter.

(6) The renewal of intern certificates shall be processed as prescribed in subsections (1) and (4) of this section for licensees, except that the biennial renewal fee shall not be more than thirty dollars ($30.00). The failure on the part of any intern to effect renewal shall not invalidate his status as an engineer intern or land surveyor intern, but his name shall be removed from the board's mailing list.

History:

[54-1216, added 1939, ch. 231, sec. 16, p. 516; am. 1953, ch. 162, sec. 1, p. 257; am. 1961, ch. 258, sec. 7, p. 422; am. 1963, ch. 24, sec. 1, p. 166; am. 1970, ch. 95, sec. 3, p. 238; am. 1978, ch. 170, sec. 12, p. 381; am. 1979, ch. 111, sec. 1, p. 355; am. 1984, ch. 254, sec. 3, p. 607; am. 1986, ch. 140, sec. 15, p. 389; am. 1990, ch. 192, sec. 6, p. 430; am. 1996, ch. 357, sec. 13, p. 1197; am. 2000, ch. 289, sec. 11, p. 1001; am. 2001, ch. 247, sec. 6, p. 895; am. 2008, ch. 378, sec. 14, p. 1038; am. 2010, ch. 111, sec. 4, p. 226; am. 2015, ch. 114, sec. 4, p. 295; am. 2020, ch. 127, sec. 3, p. 400; am. 2024, ch. 86, sec. 10, p. 395.]
Idaho Code § 54-1306 — Idaho Code / Title 54 / Chapter 13 / Section 54-1306
54-1306 FREE SPEECH PROTECTION FOR HEALTH CARE PROVIDERS.
Status: in_force

54-1306. free speech protection for health care providers. (1) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state may not reprimand or sanction a health care provider or deny or revoke or threaten to deny or revoke a license, certification, or registration of a health care provider for engaging in speech, expression, or association that is protected from government interference by the first amendment to the United States constitution, unless the department or board demonstrates by clear and convincing evidence that the health care provider's speech, expression, or association was the direct cause of physical harm to a person with whom the health care provider had a practitioner-patient relationship within the three (3) years immediately preceding the incident of physical harm.

(2) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state shall not contract with, nor shall it recognize, approve, or require an individual to obtain certifications or credentials issued or approved by, a specialty board or other recognizing agency that revokes the certification of, or refuses to issue certification to, an individual because the individual has engaged in speech, expression, or association that is protected from government interference by the first amendment to the United States constitution, provided such individual was not providing medical advice or treatment to a specific patient.

(3) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state shall provide a health care provider with any complaints it has received that are based on speech, expression, or association that is protected from government interference by the first amendment to the United States constitution and may result in the revocation of the health care provider's license, certification, or registration, within twenty-one (21) days after receipt of the complaint. The department or board shall pay the health care provider an administrative penalty of five hundred dollars ($500) for each day the complaint is not provided to the health care provider after the specified twenty-one (21) days.

History:

[54-1306, added 2025, ch. 101, sec. 1, p. 546.]
Idaho Code § 54-1807 — Idaho Code / Title 54 / Chapter 18 / Section 54-1807
54-1807 STATE BOARD OF MEDICINE — REGISTRATION.
Status: in_force

54-1807. State board of medicine — Registration. Interns and residents must register with the board prior to the commencement of any activities constituting the practice of medicine in this state. Registration shall include disclosure of the applicant's prior education and training, the program or course of study the intern or resident intends to follow, the physicians or group of physicians who will supervise the program or course of study and such other information as the board deems relevant. The board shall reserve the right to approve any such program or course of study. A registration fee shall be fixed by the board and registration must be renewed annually or biannually.

History:

[54-1807, added 1977, ch. 199, sec. 8, p. 543; am. 1998, ch. 177, sec. 3, p. 662; am. 2010, ch. 89, sec. 2, p. 171; am. 2019, ch. 26, sec. 8, p. 62; am. 2023, ch. 12, sec. 3, p. 50.]
Idaho Code § 54-5002 — Idaho Code / Title 54 / Chapter 50 / Section 54-5002
54-5002 EXCEPTIONS.
Status: in_force

54-5002. Exceptions. (1) Certificate of competency requirements of this chapter shall not apply to:

(a) Any person who installs or maintains a heating, ventilation and air conditioning system in a single or duplex family dwelling, including accessory buildings, quarters and grounds in connection with such dwelling; provided that such person owns or is a contract purchaser of the premises; and provided further that such person shall comply with the standards and rules applicable to heating, ventilation and air conditioning installation or repairs as provided in this chapter.

(b) Farm buildings located outside the incorporated limits of any city; and a farm building is hereby defined to be a structure located on agricultural zoned property and designated and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged; a place used by the public; or conditioned livestock housing.

(c) Logging, mining or construction camps when heating, ventilation or air conditioning installations are made to conform to the recommendations of the department of environmental quality.

(d) Work on heating, ventilation or air conditioning systems on premises owned or operated by an employer who regularly employs maintenance or construction heating, ventilation and air conditioning journeymen, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to heating, ventilation and air conditioning practices in accordance with the provisions of this chapter.

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

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

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

History:

[54-5002, added 2003, ch. 276, sec. 1, p. 734; am. 2005, ch. 54, sec. 1, p. 207; am. 2007, ch. 252, sec. 11, p. 747; am. 2008, ch. 255, sec. 2, p. 747; am. 2018, ch. 199, sec. 3, p. 449; am. 2022, ch. 301, sec. 3, p. 955; am. 2025, ch. 47, sec. 15, p. 235.]
Idaho Code § 54-1725A — Idaho Code / Title 54 / Chapter 17 / Section 54-1725A
54-1725A PRACTITIONER CONTROLLED SUBSTANCE REGISTRATION.
Status: in_force

54-1725A. PRACTITIONER CONTROLLED SUBSTANCE REGISTRATION. Any person needing a controlled substance registration as provided in section 37-2716, Idaho Code, shall:

(1) Hold a valid state license or registration to prescribe medications from a licensing authority established under this title;

(2) Obtain a valid DEA registration if required pursuant to federal law. Failure to obtain such registration, if required, within forty-five (45) days after issuance of an Idaho controlled substance registration shall result in automatic cancellation; and

(3) Have an Idaho practice address subject to inspection by the board. The provisions of this subsection shall not apply to nonresident prescribers who only prescribe into Idaho.

History:

[54-1725A, added 2025, ch. 93, sec. 19, p. 424.]
Idaho Code § 54-1706 — Idaho Code / Title 54 / Chapter 17 / Section 54-1706
54-1706 STATE BOARD OF PHARMACY ESTABLISHED.
Status: in_force

54-1706. State board of pharmacy established. There is hereby established in the division of occupational and professional licenses a state board of pharmacy that shall have all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this chapter.

History:

[54-1706, added 1979, ch. 131, sec. 3, p. 408; am. 2021, ch. 222, sec. 15, p. 630; am. 2025, ch. 93, sec. 5, p. 418.]
Idaho Code § 54-1402 — Idaho Code / Title 54 / Chapter 14 / Section 54-1402
54-1402 DEFINITIONS.
Status: in_force

54-1402. Definitions. As used in this chapter:

(1) "Advanced practice registered nurse" means a registered nurse licensed in this state who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the board. An advanced practice registered nurse is authorized to perform advanced nursing practice, which may include the prescribing, administering and dispensing of therapeutic pharmacologic agents, as defined by board rules. An advanced practice registered nurse shall perform only those acts as provided by the board and for which the individual is educationally prepared. Advanced practice registered nurses shall include the following four (4) roles: certified nurse-midwife; clinical nurse specialist; certified nurse practitioner; and certified registered nurse anesthetist as defined in board rule. An advanced practice registered nurse collaborates with other health professionals in providing health care.

(2) "Board" means the board of nursing.

(3) "Licensed practical nurse" means a person licensed by the board who practices nursing by:

(a) Functioning at the direction of a licensed registered nurse, licensed advanced practice registered nurse, licensed physician, or licensed dentist in a role falling within the nurse's scope of practice as defined by the board;

(b) Performing appropriate delegated focused assessments of the health status of individuals and groups of individuals;

(c) Participating in the development and modification of the strategy of care;

(d) Implementing the appropriate aspects of the strategy of care as defined by the board, including administering medications and treatments as prescribed by those health care providers authorized to prescribe medication;

(e) Maintaining safe and effective nursing care rendered directly or indirectly;

(f) Participating in the evaluation of responses to interventions; and

(g) Delegating nursing interventions that may be performed by others and that do not conflict with this chapter.

(4) "Licensed registered nurse" means a person licensed by the board who practices nursing by:

(a) Assessing the health status of individuals and groups of individuals;

(b) Identifying health care problems that are amenable to nursing intervention;

(c) Establishing goals to meet identified health care needs;

(d) Planning a strategy of care;

(e) Prescribing nursing interventions to implement the strategy of care;

(f) Implementing the strategy of care, including administering medications and treatments as prescribed by those health care providers authorized to prescribe medication;

(g) Authorizing nursing interventions that may be performed by others and that do not conflict with this chapter;

(h) Maintaining safe and effective nursing care rendered directly or indirectly;

(i) Evaluating responses to interventions;

(j) Teaching the theory and practice of nursing;

(k) Managing the practice of nursing; and

(l) Collaborating with other health professionals in the management of health care.

(5) "Nursing education program" means a course of instruction offered and conducted to prepare persons for the practice of nursing, or to increase the knowledge and skills of the practicing nurse.

(6) "Practice of nursing" means the performance by licensed practical nurses, registered nurses and advanced practice registered nurses of acts and services that require formal nursing education and specialized knowledge, judgment and skill, which acts and services assist individuals, groups, communities and populations in order to promote, maintain or restore optimal health and well-being throughout the life process. Nursing practice encompasses a broad continuum of services delivered in health care and non-health care environments for remuneration or as volunteer service. Nursing practice may be clinical as well as nonclinical in a variety of areas including, but not limited to, education, administration, research and public service. Nursing practice occurs at the physical location of the recipient.

History:

[54-1402, added 1977, ch. 132, sec. 2, p. 280; am. 1984, ch. 57, sec. 1, p. 101; am. 1991, ch. 149, sec. 1, p. 358; am. 1994, ch. 232, sec. 1, p. 723; am. 1998, ch. 118, sec. 1, p. 435; am. 2004, ch. 262, sec. 1, p. 739.; am. 2012, ch. 142, sec. 2, p. 372; am. 2016, ch. 215, sec. 1, p. 603; am. 2025, ch. 14, sec. 1, p. 45.]
Idaho Code § 54-1902 — Idaho Code / Title 54 / Chapter 19 / Section 54-1902
54-1902 UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE — INVESTIGATIONS.
Status: in_force

54-1902. Unlawful to engage in public works contracting without license — Investigations. (1) It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, unless such person is particularly exempted as provided in this chapter.

(2) It shall be unlawful for any public works contractor to subcontract in excess of eighty percent (80%) of the work under any contract to be performed by him as such public works contractor according to the contract prices therein set forth, unless otherwise provided in the specifications of such contracts.

(3) Except as provided in subsection (4) of this section, it shall be unlawful for any public works contractor to:

(a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or

(b) Accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license in accordance with this chapter.

(4) No contractor shall be required to have a license under this chapter in order to submit a bid or proposal for contracts for public works financed in whole or in part by federal aid funds, provided that, at or prior to the award and execution of any such contract by the state of Idaho or any other contracting authority mentioned in this chapter, the successful bidder has secured a license as provided in this chapter.

(5) The administrator may, upon his own motion or at the direction of the board, and shall, upon the verified written complaint of any person, investigate allegations of unlicensed practice of public works contracting.

History:

[54-1902, added 1941, ch. 115, sec. 2, p. 212; am. 1955, ch. 223, sec. 2, p. 480; am. 1982, ch. 147, sec. 2, p. 410; am. 1999, ch. 201, sec. 2, p. 531; am. 2001, ch. 300, sec. 2, p. 1087; am. 2002, ch. 127, sec. 1, p. 355; am. 2023, ch. 15, sec. 46, p. 102.]
Idaho Code § 54-407 — Idaho Code / Title 54 / Chapter 4 / Section 54-407
54-407 TIME BETWEEN BOXING CONTESTS.
Status: in_force

54-407. Time between boxing contests. (1) In no case may a boxing combatant participate in more than one (1) boxing contest or exhibition in any twenty-four (24) hour period.

(2) Without the special permission of the commission, a boxing combatant may not compete in a boxing contest or exhibition in this state unless:

(a) Four (4) days have elapsed since his last contest if the contest lasted for no more than four (4) rounds.

(b) Seven (7) days have elapsed since his last contest if the contest lasted five (5) or six (6) rounds.

(c) Fourteen (14) days have elapsed since his last contest if the contest lasted seven (7) or eight (8) rounds.

(d) Twenty-one (21) days have elapsed since his last contest if the contest lasted nine (9) or ten (10) rounds.

(e) Forty-five (45) days have elapsed since his last contest if the contest lasted eleven (11) or twelve (12) rounds.

History:

[54-407, added 2004, ch. 385, sec. 7, p. 1153; am. 2009, ch. 93, sec. 4, p. 274.]
Idaho Code § 54-4012 — Idaho Code / Title 54 / Chapter 40 / Section 54-4012
54-4012 LICENSING OF EXISTING MASSAGE PRACTITIONERS.
Status: in_force

54-4012. licensing of existing massage practitioners. Until July 1, 2014, the board may issue a license to any individual who meets one (1) of the following requirements:

(1) He or she has completed a minimum of five hundred (500) hours of supervised classroom and hands-on instruction relating to massage therapy;

(2) He or she has completed at least three hundred (300) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least three (3) years prior to the date of application;

(3) He or she has completed at least two hundred (200) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least five (5) years prior to the date of application;

(4) He or she has been an active member in good standing as a massage therapist for a period of at least twelve (12) months of a national professional massage association/organization that offers professional liability insurance; or

(5) He or she has successfully passed an examination meeting the requirements of section 54-4009(5), Idaho Code. The passage of this examination may have occurred before the effective date of this section.

History:

[54-4012, added 2012, ch. 261, sec. 1, p. 727.]
Idaho Code § 54-3911 — Idaho Code / Title 54 / Chapter 39 / Section 54-3911
54-3911 DENIAL — SUSPENSION AND REVOCATION OF LICENSE — REFUSAL TO RENEW.
Status: in_force

54-3911. Denial — Suspension and revocation of license — Refusal to renew. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board, upon recommendation of the allied health advisory board, may deny a license or refuse to renew a license, or may suspend or revoke a license or may impose probationary conditions if the applicant for licensure has been found guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. All petitions for reconsideration of a denial of a license application or reinstatement application must be made to the board within one (1) year from the date of the denial. Such unprofessional conduct includes, but is not limited to:

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

(b) Being guilty of unprofessional conduct, negligence or incompetence in the practice of athletic training as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;

(c) Being convicted of a felony by a court of competent jurisdiction;

(d) The unauthorized practice of medicine;

(e) Use of any advertising statements that deceive or mislead the public or that are untruthful;

(f) Making statements that the licensee knows, or should have known, are false or misleading regarding skill or efficacy or value of treatment or remedy administered by the licensee in the treatment of any condition pertaining to athletic training;

(g) Practicing or offering to practice beyond the scope of athletic training as defined in this chapter or which fails to meet the standard of athletic training provided by other qualified athletic trainers in the same or similar community;

(h) Performance of services while under the influence of alcohol, controlled substances or other skill impairing substances so as to create a risk of harm to a client;

(i) Commission of any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee's practice of athletic training;

1. Consent of the client shall not be a defense;

2. This paragraph shall not apply to sexual contact between an athletic trainer and the athletic trainer's spouse or a person in a domestic relationship who is also a client;

3. A former client includes a client for whom the athletic trainer has provided athletic training services within the last twelve (12) months;

4. Sexual or romantic relationship with a former client beyond the period of time set forth herein may also be a violation if the athletic trainer uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;

(j) Having been judged mentally incompetent by a court of competent jurisdiction;

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

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

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

(n) Failing to maintain client confidentiality unless otherwise required by law;

(o) Failing to maintain adequate records. For purposes of this paragraph, "adequate records" means legible records that contain, at a minimum, the athletic training service plan or protocol, written orders, an evaluation of objective findings, the plan of care and the treatment records;

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

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

(2) A denial of an application for licensure or application for reinstatement 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 rules adopted by the board governing contested cases.

(3) Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a licensure, issuing a censure, imposing any restriction upon a licensee, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[(54-3911) 54-3912, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 11, p. 692; am. 2024, ch. 61, sec. 18, p. 298.]
Idaho Code § 54-1208 — Idaho Code / Title 54 / Chapter 12 / Section 54-1208
54-1208 BOARD — POWERS.
Status: in_force

54-1208. Board — Powers. (1) The board shall have the power to adopt and amend administrative rules including, but not limited to, rules of professional responsibility, rules of continuing professional development not to exceed sixteen (16) hours annually for each profession for which the professional is licensed, and rules of procedure, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the administration of the chapter and the regulation of proceedings before the board. These actions by the board shall be binding upon persons licensed under this chapter and shall be applicable to business entities holding a certificate of authorization as provided in section 54-1235, Idaho Code. It shall adopt and have an official seal which shall be affixed to each license and certificate issued.

(2) The board may subject an applicant for licensure or certification to such examination as it deems necessary to determine qualifications. Notwithstanding the provisions of section 67-9409, Idaho Code, the board shall determine and administer an appropriate open book jurisprudence exam for the licensing of surveyors pursuant to this chapter.

(3) Any action, claim or demand to recover money damages from the board or its employees which any person is legally entitled to recover as compensation for the negligent or otherwise wrongful act or omission of the board or its employees, when acting within the course and scope of their employment, shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho Code. For purposes of this section, the term "employees" shall include, in addition to those persons listed in section 6-902(4), Idaho Code, special assignment members, emeritus members and any independent contractors while acting within the course and scope of their board related work.

(4) The board may recommend arbitration of disputes between professional engineers or disputes between professional land surveyors.

History:

[54-1208, added 1939, ch. 231, sec. 8, p. 516; am. 1957, ch. 234, sec. 5, p. 547; am. 1963, ch. 22, sec. 1, p. 163; am. 1974, ch. 13, sec. 110, p. 138; am. 1986, ch. 140, sec. 7, p. 380; am. 1990, ch. 192, sec. 1, p. 424; am. 1998, ch. 220, sec. 6, p. 758; am. 1999, ch. 273, sec. 1, p. 686; am. 2000, ch. 289, sec. 4, p. 993; am. 2001, ch. 247, sec. 3, p. 892; am 2008, ch. 378, sec. 6, p. 1029; am. 2026, ch. 18, sec. 1, p. 103; am. 2026, ch. 221, sec. 4, p. 931.]