Idaho Code § 39-7403 — Idaho Code / Title 39 / Chapter 74 / Section 39-7403
39-7403 DEFINITIONS.
Status: in_force

39-7403. Definitions. As used in this chapter:

(1) "Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with 40 CFR 258.60.

(2) "Agricultural wastes" means wastes generated on farms resulting from the production of agricultural products including, but not limited to, manures and carcasses of dead animals weighing each or collectively in excess of fifteen (15) pounds but does not include wastes that are classified as hazardous.

(3) "Applicant" means the owner or the operator with the owner's written consent.

(4) "Aquifer" means a geological formation, group of formations, or a portion of a formation capable of yielding significant quantities of ground water to wells or springs.

(5) "Board" means the Idaho board of environmental quality.

(6) "Buffer zone" means that part of a facility that lies between the active portion and the property boundary.

(7) "Clean soils and clean dredge spoils" means soils and dredge spoils which are not hazardous wastes and do not pose a significant risk to human health or the environment.

(8) "Co-located waste facilities" or "CWF" means facilities that accept both household waste and nonmunicipal solid waste in separate waste management units on geographically contiguous property that, separately, are subject to the provisions of this title and rules promulgated pursuant thereto.

(9) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.

(10) "Construction/demolition waste" means the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures. Such waste includes, but is not limited to, bricks, concrete, other masonry materials, soil, rock, lumber, road spoils, rebar, paving materials, and tree stumps. Noninert wastes and asbestos wastes are not considered to be demolition waste for the purposes of this chapter.

(11) "Contaminate" means to allow discharge of a substance from a landfill that would cause:

(a) The concentration of that substance in the ground water to exceed the maximum contamination level (MCL) specified in Idaho drinking water standards or federal regulations; or

(b) A statistically significant increase in the concentration of that substance in the ground water where the existing concentration of that substance exceeds the maximum contamination level specified in paragraph (a) of this subsection; or

(c) A statistically significant increase above background in the concentration of a substance which:

(i) Is not specified in paragraph (a) of this subsection;

(ii) Is a result of the disposal of solid waste; and

(iii) Has been determined by the department to present a substantial risk to human health or the environment in the concentrations found at the point of compliance.

(12) "County" means any county in the state of Idaho.

(13) "Cover material" means soil or other suitable material that is used to protect the active portion of the MSWLF unit.

(14) "Department" means the Idaho department of environmental quality.

(15) "Director" means the director of the Idaho department of environmental quality.

(16) "Existing MSWLF unit" means any municipal solid waste landfill unit that is receiving solid waste as of the applicable date specified in 40 CFR 258.1(e).

(17) "Facility" means all contiguous land and structures, buffer zones, and other appurtenances and improvements on the land used for the disposal of solid waste.

(18) "Floodplain" means the area encompassed by the one hundred (100) year flood as defined by applicable federal emergency management agency (FEMA) flood insurance maps or, if no map exists, then as defined in 40 CFR 258.11.

(19) "Ground water" means water below the land surface in a zone of saturation.

(20) "Holocene fault" means a fault characterized as a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side and holocene being the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present.

(21) "Household waste" means any solid waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas.

(22) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

(23) "Inert wastes" means noncombustible, nonhazardous, nonputrescible, nonleaching solid wastes that are likely to retain their physical and chemical structure under expected conditions of disposal, including resistance to biological attack.

(24) "Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile.

(25) "Landspreading disposal facility" or "land application unit" means a facility that applies sludges or other solid wastes onto or incorporates solid waste into the soil surface, excluding manure spreading operations, at greater than agronomic rates, soil conditioners, and immobilization rates.

(26) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSWLF unit.

(27) "Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.

(28) "Limited purpose landfill" means a landfill that receives solid waste of limited type with known and consistent composition other than wood wastes, household waste, inert waste, and construction/demolition waste.

(29) "Liquid waste" is as defined in 40 CFR 258.28(c)(1).

(30) "Monofill" means a landfill which contains a specific waste whose waste stream characteristics remain unchanged over time and may include special wastes or other consistent characteristic wastes but does not include wastes regulated under any other applicable regulation.

(31) "Municipal solid waste landfill unit " or "MSWLF" means a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined in 40 CFR 257.2. A MSWLF unit also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Such a landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion.

(32) "New MSWLF unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993, or prior to October 9, 1995, if the MSWLF unit meets the conditions specified in 40 CFR 258.1(f)(1).

(33) "No potential for migration" means the geologic formation beneath the site and above the uppermost aquifer has sufficient hydrogeological characteristics and holding capacity adequate to contain all hazardous constituents generated during the active life, closure, and post-closure care periods.

(34) "Nonmunicipal solid waste" or "NMSW" means a solid waste that is not mixed with household waste and not excluded by statute or rule.

(35) "Nonmunicipal solid waste landfill" or "NMSWLF" means a landfill that accepts only nonmunicipal solid waste.

(36) "Open burning" means the combustion of solid waste without:

(a) Control of combustion air to maintain adequate temperature for efficient combustion;

(b) Containment of the combustion reaction in an enclosed device to provide sufficient resident time and mixing for complete combustion; and

(c) Control of the emission of the combustion products.

(37) "Operations plan" means the written plan developed by an owner or operator of an MSWLF unit detailing how the facility is to be operated during its active life, during closure, and throughout the post-closure period.

(38) "Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.

(39) "Owner" means the person(s) who owns a facility or part of a facility.

(40) "Permeability" means the capacity of a material to transmit a liquid. For the purposes of this chapter permeability is expressed in terms of hydraulic conductivity of water in centimeters-per-second units of measurement.

(41) "Person" means an individual, association, firm, partnership, political subdivision, public or private corporation, state or federal agency, municipality, industry, or any other legal entity whatsoever.

(42) "Pile" or "waste pile" means any noncontainerized solid, nonflowing waste that is accumulated for treatment or storage.

(43) "Point of compliance" means a vertical surface located at the hydraulically downgradient intercept with the uppermost aquifer at which a release from a waste management unit measured as change in constituent values will trigger assessment monitoring. Point of compliance shall be used to define the facility design, location, and frequency of ground water monitoring wells and corrective action.

(44) "Post-closure" means the requirements placed upon the MSWLF unit after closure to ensure their environmental safety for a thirty (30) year period or until the site becomes stabilized in accordance with this chapter.

(45) "Processing" means an operation conducted on solid waste to prepare it for disposal.

(46) "Qualified professional" means a licensed professional geologist or licensed professional engineer, as appropriate, holding current professional registration in compliance with applicable provisions of the Idaho Code.

(47) "RCRA" means the resource conservation and recovery act, 42 U.S.C. 6901 et seq., as amended.

(48) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(49) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(50) "Saturated zone" means that part of the earth's crust in which all voids are filled with water.

(51) "Septage" means a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system.

(52) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a waste water treatment plant.

(53) "Solid waste" means any garbage or refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. Solid waste does not include:

(a) Overburden, waste dumps, and low-grade stockpiles from mining operations;

(b) Liquid wastes whose discharge or potential discharge is regulated under federal, state, or local water pollution permits;

(c) Hazardous wastes, as designated in the hazardous waste management act, chapter 44, title 39, Idaho Code;

(d) Wood waste used for ornamental, animal bedding, mulch and plant bedding and road building purposes;

(e) Agricultural wastes, limited to manures and crop residues, returned to the soils at agronomic rates;

(f) Clean soils and clean dredge spoils as otherwise regulated under section 404 of the federal clean water act (PL 95-217);

(g) Septage taken to a sewage treatment plant permitted by either the U.S. environmental protection agency or the department;

(h) Wood debris resulting from the harvesting of timber and the disposal of which is permitted pursuant to chapter 1, title 38, Idaho Code;

(i) Solid or dissolved materials in domestic sewage;

(j) Solid or dissolved materials in irrigation return flows;

(k) Industrial discharges that are point sources subject to permit under 33 U.S.C. 1342; and

(l) Source, special nuclear, or byproduct material as defined in the atomic energy act of 1954, as amended.

(54) "Special waste" means those wastes which require special treatment or handling after arrival at the disposal site, including but not limited to, asbestos containing material, petroleum contaminated soils, low-level PCB containing material, low-level dioxin containing material, and unprocessed tires.

(55) "Statistically significant" means significant as determined by a statistical test method outlined in 40 CFR 258.53(g) or by another method that meets the requirements provided by 40 CFR 258.53(h).

(56) "Uppermost aquifer" means the geological formation nearest the natural ground surface that is an aquifer as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(57) "Waste management unit boundary" means a vertical surface located at the hydraulically downgradient limit of the unit. This vertical surface extends down into the uppermost aquifer.

(58) "Water quality standard" means a standard set for maximum allowable contamination in surface waters and ground water as set forth in the water quality standards for waters for the state of Idaho.

(59) "Wetlands" is as defined by federal law or regulations.

(60) "Wood waste" means solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel and log yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

Undefined terms shall be given their usual and ordinary meaning within the context of the provisions of this chapter.

History:

[39-7403, added 1992, ch. 331, sec. 1, p. 974; am. 1993, ch. 139, sec. 4, p. 345; am. 1994, ch. 75, sec. 3, p. 161; am. 1996, ch. 419, sec. 1, p. 1390; am. 2001, ch. 103, sec. 69, p. 305; am. 2007, ch. 83, sec. 8, p. 227; am. 2026, ch. 7, sec. 5, p. 29.]
Idaho Code § 39-7605 — Idaho Code / Title 39 / Chapter 76 / Section 39-7605
39-7605 LIMITS ON THE AMOUNTS AND LOANS.
Status: in_force

39-7605. Limits on the amounts and loans. The director may make loans to eligible public water systems pursuant to the requirements of this chapter and federal laws and regulations provided, that the projected disbursements for such loans would not cause the projected balance in the loan fund to fall below zero at any time. All loan disbursements shall be subject to the availability of moneys in the account.

History:

[39-7605, added 1997, ch. 26, sec. 2, p. 43.]
Idaho Code § 39-7904 — Idaho Code / Title 39 / Chapter 79 / Section 39-7904
39-7904 SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION.
Status: in_force

39-7904. Site approval required — Site approval is supplemental — Local option — Local action required for department action. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter.

(2) The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule.

(3) This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their option to comply with this chapter, they are not subject to its provisions and may exercise individual authority to accept, regulate or reject swine facilities independently of this chapter.

(4) This chapter applies only if the board of county commissioners or governing body of a city, whichever has jurisdiction over the site for a proposed swine facility, chooses to comply with this chapter. If a board of county commissioners or a governing body of a city with jurisdiction chooses not to comply with this chapter, the department is not required to take any action under this chapter.

(5) Boards of county commissioners and governing bodies of cities that choose to comply with this chapter shall signify compliance by resolution or ordinance communicated to the director in writing.

(6) If a board of county commissioners or a governing body of a city chooses to comply with this chapter, the department does not have to issue a determination or notice of environmental suitability of facility location pursuant to its rules for swine facilities, IDAPA 58.01.09.

History:

[39-7904, added 2000, ch. 268, sec. 1, p. 758; am. 2021, ch. 321, sec. 24, p. 966.]
Idaho Code § 39-3303 — Idaho Code / Title 39 / Chapter 33 / Section 39-3303
39-3303 PAYMENT LEVELS.
Status: in_force

39-3303. Payment levels.

(1)(a) Clients of the department who are receiving financial aid as set out in sections 56-207 and 56-208, Idaho Code, seeking placement in a residential care or assisted living facility will be assessed by the department regarding their need for specific types of services and supports. This assessment will determine the reimbursement rate to the service provider.

(b) Eligible participants must be allowed to choose the facility or services that are appropriate to meet their medical needs and financial ability to pay. The department is authorized to promulgate rules, subject to legislative approval, outlining the payment policy and calculations for clients of the department through negotiated rulemaking.

(2) Residents who are not clients of the department shall:

(a) Be assessed by the facility regarding their need for specific types of services and supports. This assessment, and the individual negotiated service agreement, shall determine the rate charged to the resident.

(b) Receive a full description of services provided by the facility and associated costs upon admission, according to facility policies and procedures. A thirty (30) day notice must be provided prior to a change in facility billing practices or policies. When a resident's level of care changes, a facility is entitled to charge the increased rate no sooner than the date that notice is provided. Billing practices shall be transparent and understandable.

(c) Be charged for the use of furnishings, equipment, supplies and basic services as agreed upon in the negotiated service agreement or as identified in the admission agreement.

History:

[39-3303, added 1990, ch. 116, sec. 2, p. 243; am. 1993, ch. 373, sec. 3, p. 1349; am. 1996, ch. 207, sec. 2, p. 635; am. 2000, ch. 274, sec. 11, p. 813; am. 2005, ch. 280, sec. 5, p. 884; am. 2009, ch. 214, sec. 1, p. 673; am. 2025, ch. 82, sec. 103, p. 382; am. 2025, ch. 208, sec. 3, p. 937.]
Idaho Code § 39-1605 — Idaho Code / Title 39 / Chapter 16 / Section 39-1605
39-1605 INSPECTIONS.
Status: in_force

39-1605. Inspections. (1) The regulatory authority shall conduct unannounced inspections of every food establishment not subject to other state or federal food safety inspections to determine compliance or lack of compliance with the provisions of this chapter and the rules established by the board of health and welfare as often as deemed necessary by the authority.

(2) The application for, or the possession of a license is a consent to inspection. The regulatory authority representative upon presentation of proper credentials is to be permitted access to the premises of any food establishment during hours of operation in order to determine compliance with the rules adopted under this chapter. Failure to grant access shall be cause for nonissuance of a license or license revocation.

(3) The regulatory authority representative is to determine the degree of compliance by examining the food, including sampling as necessary, and by inspection in accordance with the rules adopted under this chapter.

(4) For inspection and enforcement purposes, an applicant for, or holder of, a license may specify that the license reflect separate departments or divisions within a single food establishment. In such cases, an enforcement action, when necessary, shall be taken against an individual department or division within a single food establishment in lieu of an enforcement action against the food establishment as a whole, except when the department or division fails to comply with the rules established by the board of health and welfare.

(5) An inspection report, the form and manner to be determined by the board, will be generated by each inspection and be given to the person in charge of the food establishment.

History:

[39-1605, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 5, p. 550.]
Idaho Code § 39-6315 — Idaho Code / Title 39 / Chapter 63 / Section 39-6315
39-6315 PROCEEDINGS ADDITIONAL.
Status: in_force

39-6315. Proceedings additional. Any proceedings under this chapter are in addition to other civil or criminal remedies.

History:

[39-6315, added 1988, ch. 341, sec. 1, p. 1018.]
Idaho Code § 39-5505 — Idaho Code / Title 39 / Chapter 55 / Section 39-5505
39-5505 SMOKING IN ELEVATORS PROHIBITED.
Status: in_force

39-5505. Smoking in elevators prohibited. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicuously posted in each elevator and at each entrance to an elevator car or bank of elevators.

History:

[39-5505, added 1985, ch. 60, sec. 1, p. 121.]
Idaho Code § 39-176A — Idaho Code / Title 39 / Chapter 1 / Section 39-176A
39-176A LEGISLATIVE FINDINGS.
Status: in_force

39-176A. LEGISLATIVE FINDINGS. The legislature finds that:

(1) A domestic supply of phosphate fertilizers is critical to our nation's food security and Idaho's agricultural economy;

(2) The production of phosphoric acid is a key ingredient in phosphate fertilizers and, given Idaho's rich supply of phosphate rock, the state is home to phosphoric acid production facilities;

(3) Phosphogypsum is a calcium sulfate by-product produced by the reaction of sulfuric acid with phosphate rock to produce phosphoric acid and is disposed of and placed in phosphogypsum stacks near phosphoric acid production facilities;

(4) The United States congress and the environmental protection agency exempted certain high-volume, low-toxicity solid wastes, including phosphogypsum and process water from phosphoric acid production, from regulation as a hazardous waste under subtitle C of the resource conservation and recovery act (42 U.S.C. 6901 et seq.), as amended; and

(5) To both facilitate and encourage the continued manufacturing of phosphate fertilizers, and to benefit the surface water and groundwater environmental resources, the legislature recognizes the need for proper design and construction of phosphogypsum stacks and phosphogypsum stack systems.

History:

[39-176A, added 2020, ch. 51, sec. 1, p. 120; am. 2021, ch. 246, sec. 1, p. 763.]
Idaho Code § 39-5208 — Idaho Code / Title 39 / Chapter 52 / Section 39-5208
39-5208 RESPONSIBILITIES AND DUTIES.
Status: in_force

39-5208. Responsibilities and duties. The council shall:

(1) Establish standards for projects applying for grants from the council under this chapter;

(2) Disseminate information on availability of funds and the application process;

(3) Receive grant applications for the development and establishment of projects for victims of domestic violence and certain other crimes;

(4) Distribute funds after approval of projects meeting council standards;

(5) Assess, review and monitor the services and programs being provided for victims of domestic violence and other crimes under this chapter;

(6) Monitor programs and services for victims of domestic violence and other crimes to assure nonduplication of services and to encourage efficient and coordinated use of resources in the provision of services;

(7) Compile data on the services and programs provided to victims of domestic violence and other crimes and the geographic incidence of domestic violence and other crimes in this state; and

(8) Submit annual reports to the governor and the legislature.

History:

[39-5208, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 5, p. 1163.]
Idaho Code § 39-505 — Idaho Code / Title 39 / Chapter 5 / Section 39-505
39-505 GOVERNANCE — POWERS AND DUTIES.
Status: in_force

39-505. Governance — Powers and duties. In addition to powers and duties otherwise set forth in this chapter, governing boards shall have the following powers and duties:

(1) To contract with public agencies and private individuals or entities to carry out district responsibilities and accomplish purposes of the district.

(2) To apply for and receive grants to carry out aquifer protection district purposes.

(3) To sue and be sued, and be a party to suits, actions and proceedings.

(4) Except as otherwise provided in this chapter, to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America, the state of Idaho and any of its agencies or instrumentalities, public or private corporations, municipalities and other governmental subdivisions, and to cooperate with any one (1) or more of these entities to achieve the purposes of the district.

(5) To borrow money, provided however, that borrowing shall be limited to the Idaho water resource board revolving development fund pursuant to section 42-1756, Idaho Code.

(6) To have the management, control and supervision of all business and affairs of the district.

(7) To hire and retain agents, consultants and professional advisers concerning district matters.

(8) To fix, and from time to time to increase or decrease, aquifer protection fees or charges for services or facilities furnished by the district, for the payment of any current charges or indebtedness of the district.

(9) To adopt and amend resolutions not in conflict with the constitution and laws of the state for carrying on the business, objectives and affairs of the board and of the district.

(10) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.

History:

[39-505, added 2006, ch. 304, sec. 1, p. 939.]
Idaho Code § 39-1391c — Idaho Code / Title 39 / Chapter 13 / Section 39-1391c
39-1391c IMMUNITY FROM CIVIL LIABILITY.
Status: in_force

39-1391c. Immunity from civil liability. Any licensed physician and surgeon shall be conclusively presumed to be qualified to undertake and to furnish any emergency medical or surgical care and treatment, regardless of the specialty training or skills which might otherwise be preferred for care and treatment of the particular patient, whenever, in the good faith judgment of such physician and surgeon, the condition and best interests of the patient require such physician and surgeon to undertake such care and treatment, and, in the absence of gross negligence under the existing circumstances, no physician so proceeding nor any hospital where such care and treatment is provided shall be held liable in any civil action arising out of the furnishing of such emergency care and treatment.

Nothing in this act shall be deemed to require any physician to undertake to or to furnish medical care and treatment, whether on an emergency basis or otherwise, to any person requesting or presented for such care and treatment, nor shall any such physician be held liable in any civil action by reason of his refraining from the furnishing of such care and treatment or referring the same to a specialist or other physician believed by him to be more uniquely or appropriately experienced and qualified. Neither shall any physician responding to any request for emergency care be held liable in any civil action by reason of failure to so respond with any greater promptness than may be reasonably required or expected, under the existing circumstances, of physicians and surgeons practicing in the particular community where such care and treatment is to be furnished.

History:

[39-1391c, added 1973, ch. 82, sec. 4, p. 130.]
Idaho Code § 39-7604 — Idaho Code / Title 39 / Chapter 76 / Section 39-7604
39-7604 APPROPRIATIONS FOR THE DRINKING WATER LOAN ACCOUNT — PURPOSE OF CHAPTER.
Status: in_force

39-7604. Appropriations for the drinking water loan account — Purpose of chapter. Moneys in the drinking water loan account are hereby perpetually appropriated to provide loans and other forms of financial assistance authorized under title XVI of the public health service act known as the safe drinking water act and the safe drinking water act amendments of 1996, 42 U.S.C. 300f et seq., to any eligible public water system in order to enable the system to comply with the above referenced act and relevant regulations.

History:

[39-7604, added 1997, ch. 26, sec. 2, p. 43.]
Idaho Code § 39-9302 — Idaho Code / Title 39 / Chapter 93 / Section 39-9302
39-9302 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

39-9302. Legislative findings and purpose. (1) The legislature of the state of Idaho finds that:

(a) Deceased unborn infants deserve the same respect and dignity as other deceased human beings.

(b) It continues to be the public policy of the state of Idaho to promote live childbirth over abortion. Permitting the sale, transfer, distribution or donation of the bodily remains of aborted infants, particularly for pecuniary gain, and the use of the remains of aborted infants for experimentation undermine that public policy as well as proper ethical standards of medical conduct.

(c) It is contrary to the public policy of the state of Idaho for an individual to become pregnant for the purpose of aborting an unborn infant and thereafter selling, transferring, distributing or donating the unborn infant's bodily remains for experimentation or other use.

(2) Based on the findings in subsection (1) of this section, the purpose of this chapter is to:

(a) Prohibit the sale, transfer, distribution or other unlawful disposition of an unborn infant or the bodily remains of an aborted infant;

(b) Prohibit the use of bodily remains of aborted infants for experimentation;

(c) Ensure that the bodily remains of unborn infants whose death resulted from an occurrence other than abortion are not sold, transferred or distributed for experimentation without the mother's informed, written consent; and

(d) In accordance with the provisions of this chapter, prohibit all Idaho institutions of higher education that receive public moneys from engaging in medical research using organs or tissue, including human embryonic stem cells, obtained from aborted infants.

History:

[39-9302, added 2016, ch. 368, sec. 1, p. 1078.]
Idaho Code § 39-6109 — Idaho Code / Title 39 / Chapter 61 / Section 39-6109
39-6109 CONTRACT REQUIREMENTS FOR J-1 VISA WAIVERS.
Status: in_force

39-6109. Contract requirements for J-1 visa waivers. Throughout the period of obligation, regardless of the petitioning physician's visa status, the employment contract must:

(1) Meet state and federal requirements;

(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the J-1 visa waiver physician's ability to remain in the area upon completion of the contract term is prohibited by regulation;

(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of the federal designation for the area of underservice full time;

(4) Include a notarized statement by the physician that he agrees to meet the requirements set forth in section 214(l) of the immigration and nationality act;

(5) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;

(6) Specify that benefits offered are not included as part of base salary;

(7) Include leave (annual, sick, continuing medical education and holiday);

(8) State that amendments shall adhere to state and federal J-1 visa waiver requirements;

(9) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required three (3) years of medical service have expired;

(10) Be assignable only by the employer to a successor with concurrence of the department;

(11) Include the practice site address, the days and hours of practice, field of medicine, and a statement that on-call and travel times are not included in the minimum hours;

(12) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;

(13) Not commence until after the petitioning physician's J-1 waiver and appropriate work authorization are approved and the residency program has been successfully completed. The contract shall affirm that no transfer or other modification regarding the duration of contract dates will be approved unless extenuating circumstances are shown to exist, as determined by the department and approved by the United States attorney general in accordance with applicable federal rules and regulations;

(14) Not be subject to changes which result in termination of contract, change in practice scope, or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a J-1 visa waiver physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program and will be reported as such to the immigration agency. It will also limit the applicant's future participation in the program;

(15) Be signed by both the J-1 visa waiver petitioning physician and the applicant employer, and the date it is signed must be clear.

History:

[39-6109, added 2004, ch. 128, sec. 1, p. 441; am. 2009, ch. 106, sec. 9, p. 330; am. 2017, ch. 72, sec. 6, p. 175.]
Idaho Code § 39-3913 — Idaho Code / Title 39 / Chapter 39 / Section 39-3913
39-3913 CONFIDENTIALITY OF AND ACCESS TO RECORDS.
Status: in_force

39-3913. Confidentiality of and access to records. (1) Records developed by the evaluation committee and records contained in court files of judicial proceedings brought under this chapter shall be governed by the provisions of chapter 1, title 74, Idaho Code.

(2) The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:

(a) The total number of petitions filed pursuant to this chapter;

(b) The number of petitions in which the evaluation committee recommended a procedure and the number of petitions in which the evaluation committee recommended against a procedure;

(c) The number of petitions granted by the court;

(d) For categories described in paragraphs (b) and (c) of this subsection, the number of appeals taken from the court's order in each category; and

(e) For each of the categories set out in paragraph (d) of this subsection, the number of cases for which the district court's order was affirmed and the number of cases for which the district court's order was reversed.

History:

[39-3913, added 2003, ch. 189, sec. 2, p. 516; am. 2003, ch. 300, sec. 1, p. 826; am. 2015, ch. 141, sec. 91, p. 445.]
Idaho Code § 39-3419 — Idaho Code / Title 39 / Chapter 34 / Section 39-3419
39-3419 IMMUNITY.
Status: in_force

39-3419. Immunity. (1) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.

(2) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(3) In determining whether an anatomical gift has been made, amended or revoked under this chapter, a person may rely upon representations of an individual listed in section 39-3409(1)(b), (c), (d), (e), (f), (g) or (h), Idaho Code, relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

History:

[39-3419, added 2007, ch. 30, sec. 2, p. 71.]
Idaho Code § 39-5302 — Idaho Code / Title 39 / Chapter 53 / Section 39-5302
39-5302 DEFINITIONS.
Status: in_force

39-5302. Definitions. (1) For the purposes of this chapter:

(a) "Administrator" means the administrator of the Idaho commission on aging appointed pursuant to section 67-5004, Idaho Code.

(b) "Adult" means a person aged eighteen (18) years or older.

(c) "Adult protective services" or "APS" means the legal and bureaucratic systems and protections safeguarding vulnerable adults through investigation of APS reports alleging maltreatment and arrangements for the provision of emergency, supportive, or prevention services necessary to reduce or eliminate risk of harm.

(d) "APS report" means an allegation of maltreatment of a vulnerable adult made to adult protective services.

(e) "Caregiver" refers to a formal caregiver or an informal caregiver.

(f) "Commission" means the Idaho commission on aging, established pursuant to chapter 50, title 67, Idaho Code.

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

(h) "Emergency" means an exigent circumstance in which a vulnerable adult's health and safety is placed in imminent danger. Imminent danger is when death or severe bodily injury could reasonably be expected to occur without intervention.

(i) "Facility" means a health or treatment facility as defined in statute or by the department, including:

(i) Certified family homes, as defined in section 39-3502, Idaho Code;

(ii) Developmental disabilities facilities, as defined in section 39-4604, Idaho Code;

(iii) Home health agencies, as defined in section 39-1301, Idaho Code;

(iv) Hospitals, as defined in section 39-1301, Idaho Code;

(v) Intermediate care facilities, as defined in section 39-1301, Idaho Code;

(vi) Residential care or assisted living facilities, as defined in section 39-3302, Idaho Code; and

(vii) Residential habilitation agencies.

(j) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity for profit or advantage other than for the vulnerable adult's profit or advantage. The term "financial exploitation" includes but is not limited to:

(i) The use of deception, intimidation, or undue influence by a person or an entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult;

(ii) The breach of a fiduciary duty, including but not limited to the misuse of a power of attorney, trust, or guardianship appointment that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, belongings, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult; or

(iii) Obtaining or using a vulnerable adult's property, income, belongings, resources, or trust funds without lawful authority by a person or an entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his property, income, belongings, resources, or trust funds.

(k) "Formal caregiver" means a person or an entity that accepts compensation to perform a service or services for a vulnerable adult. Compensation may be provided by an employer, the vulnerable adult, or someone acting in the interests of the vulnerable adult.

(l) "Human trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(m) "Infirmities of aging" means physical or mental deterioration associated with advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, such that the ability of an older adult to provide adequately for the adult's own care or protection is impaired.

(n) "Informal caregiver" means a person who provides support for a vulnerable adult without expectation of compensation, goods, or services.

(o) "Investigation" means the evaluation of allegations conducted by a provider or the commission through interviews, observations, and examination of information.

(p) "Legal representative" means a guardian, a conservator, an attorney, or an individual with power of attorney who has the legal obligation to act for the benefit of another.

(q) "Licensed medical professional" means an individual practicing in a medical or medical-related field who is licensed, certified, or otherwise credentialed by the state of Idaho.

(r) "Neglect" means failure of a caregiver to provide food, clothing, shelter, or medical care, the absence of which impairs or threatens sustainable life or health of a vulnerable adult.

(s) "Older adult" means a person aged sixty-five (65) years or older.

(t) "Physical abuse" means the infliction of physical pain, injury, or unjust chemical or physical restraint on a vulnerable adult or death where:

(i) The vulnerable adult's condition or death is not justifiably explained;

(ii) The history given concerning such condition or death is at variance with the degree or type of the condition or death; or

(iii) Circumstances indicate that such condition or death may not be the product of an accidental occurrence.

(u) "Prevention services" means interventions designed to reduce the risk of maltreatment, including but not limited to case management, the provision of goods or services, or caregiver support.

(v) "Protective action plan" or "PAP" means a person-centered plan addressing the remedial, social, legal, medical, educational, mental health, or other services available to reduce or eliminate the risk of harm to a vulnerable adult.

(w) "Provider" means an area agency on aging or a person or an entity capable of providing adult protective services, including duly authorized agents and employees.

(x) "Psychological abuse" means the infliction of fear, anguish, agitation, or other emotional distress through verbal or nonverbal acts or through unjust confinement of a vulnerable adult.

(y) "Self-neglect" means failure of a vulnerable adult to provide for himself or refusal to accept support needed to obtain food, clothing, shelter, or medical care reasonably necessary to sustain the life and health of the vulnerable adult.

(z) "Sexual abuse" means touching, fondling, intercourse, or any other sexual activity with a vulnerable adult when the vulnerable adult is unable to understand, unwilling to consent, threatened, or physically forced.

(aa) "Skilled nursing facility" shall have the same meaning as "nursing facility" provided in section 39-1301, Idaho Code.

(bb) "Supportive services" means social, legal, health, educational, mental health, and referral services.

(cc) "Undue influence" means influence exercised over a vulnerable adult with the intent to:

(i) Inhibit the vulnerable adult's freedom of choice;

(ii) Deprive the vulnerable adult of freedom of choice; or

(iii) Substitute the influencer's choice or desire over that of the vulnerable adult.

(dd) "Vulnerable adult" means an adult who is unable to protect himself from maltreatment because of:

(i) A mental, physical, or developmental disability;

(ii) A degenerative brain disease;

(iii) An inability to communicate or implement decisions regarding his person; or

(iv) Other infirmities of aging in an older adult.

(ee) "Vulnerable adult maltreatment" or "maltreatment" means the intentional or negligent infliction of pain or injury on a vulnerable adult, including financial exploitation, human trafficking, neglect, physical abuse, psychological abuse, or sexual abuse.

(2) Nothing in this chapter shall be construed to mean a person is abused, neglected, or exploited for the sole reason he is relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; nor shall the provisions of this chapter be construed to require any medical care or treatment in contravention of the stated or implied objection of such a person.

History:

[(39-5302) 1982, ch. 286, sec. 2, p. 734; am. and redesig. 1991, ch. 329, sec. 3, p. 847; am. 1996, ch. 78, sec. 1, p. 247; am. 1998, ch. 308, sec. 3, p. 1020; am. 2008, ch. 209, sec. 2, p. 663; am. 2019, ch. 43, sec. 2, p. 117; am. 2023, ch. 158, sec. 2, p. 427; am. 2025, ch. 122, sec. 35, p. 641.]
Idaho Code § 39-1309 — Idaho Code / Title 39 / Chapter 13 / Section 39-1309
39-1309 DEEMED STATUS OF HOSPICE AGENCY AND ITS HOSPICE HOME — NO IDAHO LICENSE OR CERTIFICATION REQUIRED.
Status: in_force

39-1309. deemed status of hospice agency and its hospice home — no Idaho license or certification required. (1) A hospice house and its owner and operator medicare certified hospice agency must have and maintain deemed status through a centers for medicare & medicaid services recognized accrediting organization.

(2) Neither a medicare certified hospice agency nor its hospice home is required to be licensed or certified by the state of Idaho.

History:

[(39-1309) 39-1301C, added 2010, ch. 84, sec. 2, p. 164; am. and redesig. 2025, ch. 122, sec. 28, p. 637.]
Idaho Code § 39-1391 — Idaho Code / Title 39 / Chapter 13 / Section 39-1391
39-1391 EMERGENCY TREATMENT WITHOUT ADMISSION — LIABILITY.
Status: in_force

39-1391. Emergency treatment without admission — Liability. Any hospital licensed in this state may provide to any person appearing or represented to be seriously sick or injured, without admission of such person to the hospital and without the immediate presence of a licensed physician and surgeon, such emergency treatment and care or, if such hospital does not maintain and operate an emergency department, such first aid services and care as may be indicated, considering the facilities and personnel available. Neither any hospital nor its agents or employees providing such services, pursuant to standby orders duly promulgated by the medical staff of said hospital, shall be deemed, by so doing, to be engaged in the practice of medicine, nor shall any such hospital, its agents or employees, or any physician be held liable in any civil action arising out of the furnishing of such services and care, in the absence of gross negligence under the existing circumstances.

History:

[39-1391, added 1973, ch. 82, sec. 1, p. 130.]
Idaho Code § 39-1210 — Idaho Code / Title 39 / Chapter 12 / Section 39-1210
39-1210 STANDARDS FOR CHILDREN'S RESIDENTIAL CARE FACILITIES.
Status: in_force

39-1210. Standards for children's residential care facilities. The board of health and welfare shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children's residential care facility:

(1) Assure the organizational stability of the facility, which may require incorporation under the laws of Idaho.

(2) Require from the policy-making authority of the facility the promulgation of a statement setting forth the facility's purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.

(3) Require a statement of solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services.

(4) Assure such recordkeeping and reporting as may be deemed necessary to the facility's services and to the department's licensing responsibility.

(5) Assure the safety and physical care of children for whom the facility assumes or accepts responsibility.

(6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the facility for the child.

(7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the facility's purposes and facilities.

(8) Provide through observation and collateral inquiry for studies of homes into which children may be placed sufficient to enable a judgment determining the adequacy of the homes in relation to the needs of the children.

(9) In the case of an institution specializing in maternity care to unmarried mothers:

(a) Assure social services on behalf of both the mother and infant; and

(b) Assure protection of the legal rights and rights to confidential treatment of minor unmarried mothers and their children which shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(10) The department shall obtain a criminal history check on the owners, operators and employees of all children's residential care facilities. The criminal history check shall include the following:

(a) Statewide criminal identification bureau;

(b) Federal bureau of investigation (FBI) criminal history;

(c) National crime information center; and

(d) Statewide child abuse register.

History:

[39-1210, added 1963, ch. 320, sec. 3, p. 901; am. 1980, ch. 325, sec. 3, p. 825; am. 1990, ch. 213, sec. 40, p. 513; am. 1990, ch. 215, sec. 11, p. 574; am. 2001, ch. 93, sec. 8, p. 239; am. 2015, ch. 141, sec. 86, p. 441.]
Idaho Code § 39-4512B — Idaho Code / Title 39 / Chapter 45 / Section 39-4512B
39-4512B ADHERENCE TO POST PROTOCOL.
Status: in_force

39-4512B. Adherence to post protocol. (1) Health care providers shall comply with a person's POST instruction when presented with a POST form that meets the requirements of section 39-4512A, Idaho Code, or when a person is wearing a proper POST identification device pursuant to section 39-4512A, Idaho Code.

(2) A POST form that meets the requirements of section 39-4512A, Idaho Code, is deemed to meet the requirements of "Do Not Resuscitate (DNR)" orders at all Idaho health care facilities. Health care providers shall not require the completion of other forms in order for the person's wishes to be respected.

(3) Nothing in this chapter is intended to nor shall it prevent licensed independent practitioners from executing or utilizing DNR orders consistent with their licensure; provided however, that if the person or person's surrogate decision-maker chooses to utilize the POST form, the licensed independent practitioner shall accept and comply with the POST form and shall not require the completion of a DNR order in addition to a valid POST form.

History:

[39-4512B, added 2007, ch. 196, sec. 14, p. 591; am. 2012, ch. 302, sec. 12, p. 835; am. 2023, ch. 307, sec. 16, p. 930.]
Idaho Code § 39-9501 — Idaho Code / Title 39 / Chapter 95 / Section 39-9501
39-9501 SHORT TITLE.
Status: in_force

39-9501. SHORT TITLE. This act shall be known and may be cited as the "Abortion Complications Reporting Act."

History:

[39-9501, added 2018, ch. 225, sec. 1, p. 509.]
Idaho Code § 39-2803 — Idaho Code / Title 39 / Chapter 28 / Section 39-2803
39-2803 SELECTION OF OFFICIALS OF ABATEMENT DISTRICTS.
Status: in_force

39-2803. Selection of officials of abatement districts. A board of trustees shall be appointed from those residing within the area of the proposed abatement district to govern the abatement district. The trustees appointed shall at the first meeting of each year elect a president, secretary, and treasurer to serve during the ensuing year. The officers of the board shall be bonded to the extent of five hundred dollars ($500) to five thousand dollars ($5,000) each as set by the county commissioners. The members of the board shall be appointed by the county commissioners of the county they are to represent. When two (2) or more counties or portions thereof comprise an abatement district, the selection of trustees will be made by mutual agreement of the county commissioners concerned. A board of trustees may have three (3) or five (5) members, as determined by the county commissioners. Each trustee shall be a resident property owner and a registered voter. Trustees shall be appointed for four (4) years on staggered appointments. To initiate the board, at least one (1) member shall be appointed for two (2) years, one (1) for three (3) years, and one (1) for four (4) years. Subsequent appointments shall be for four (4) years. Trustees shall serve without compensation but will be reimbursed for necessary expenses involved with the performance of their official duties. The county health officer and the county agent shall be ex officio members of the board. Whenever two (2) or more counties or portions thereof are included in the district, the health officer and county agent for each county shall be ex officio members of the board. The directors or heads of the following state departments or their designated representatives shall be considered ex officio members of the board and may be called upon for their advice and assistance in the handling of abatement problems affecting their direct interests: agriculture, fish and game, lands, transportation, water resources, and health and welfare.

History:

[39-2803, added 1959, ch. 81, sec. 3, p. 186; am. 1974, ch. 18, sec. 226, p. 364; am. 1974, ch. 23, sec. 141, p. 633; am. 2022, ch. 117, sec. 1, p. 425.]
Idaho Code § 39-9306 — Idaho Code / Title 39 / Chapter 93 / Section 39-9306
39-9306 PROHIBITIONS.
Status: in_force

39-9306. prohibitions. (1) Except as otherwise provided in this chapter, no person shall knowingly sell, transfer, distribute, donate, accept, use or attempt to use the body or bodily remains of an aborted infant.

(2) Except as otherwise provided in this chapter, no person shall knowingly aid or abet any such sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of the body or bodily remains of an aborted infant.

(3) Except as otherwise provided in this chapter, no person or public institution operating in Idaho shall knowingly use an unborn infant or the bodily remains or embryonic stem cells of an aborted infant in animal or human research, experimentation or study, or for transplantation, except:

(a) For diagnostic or remedial procedures that have the purpose of promoting the life or health of the unborn infant or the unborn infant's mother;

(b) For pathological study; or

(c) For the applicable materials used in research projects and grants that were undertaken or made before July 1, 2016.

(4) Except as otherwise provided in this chapter, no person shall knowingly experiment upon an unborn infant who is intended to be aborted unless the experimentation is therapeutic to the unborn infant.

(5) The terms "transfer," "accept" and "acceptance" as used in this section do not apply to the transfer or acceptance of the body or bodily remains of an aborted infant for the sole purpose of lawfully disposing of the body or bodily remains of the aborted infant.

History:

[39-9306, added 2016, ch. 368, sec. 1, p. 1080; am. 2017, ch. 298, sec. 1, p. 796.]
Idaho Code § 39-4708 — Idaho Code / Title 39 / Chapter 47 / Section 39-4708
39-4708 MOTOR VEHICLE ACCIDENTS OR EMERGENCY SITUATIONS.
Status: in_force

39-4708. MOTOR VEHICLE ACCIDENTS OR EMERGENCY SITUATIONS. (1) If a driver or passenger of a motor vehicle becomes involved in a motor vehicle accident or emergency situation and a yellow dot decal is affixed to the vehicle, an emergency medical responder or other responder at the scene is authorized to search the vehicle for a yellow dot folder or folders.

(2) An emergency medical responder or other responder may use the information contained in the yellow dot folder for the following purposes:

(a) To identify a participant in the yellow dot program;

(b) To ascertain whether the participant has a medical condition that may impede communication with the responder;

(c) To communicate with the participant's emergency contacts about the location and general condition of the participant; and

(d) To consider the person's current medications and preexisting medical conditions when emergency medical treatment is administered for any injury the participant suffers.

(3) If, during a traffic stop involving a motor vehicle with a yellow dot decal affixed to the vehicle, a law enforcement officer reasonably believes the driver or passenger has a medical condition that is affecting the officer's encounter with the driver or a passenger, such law enforcement officer, upon receiving consent from the driver or passenger, is authorized to review any yellow dot folder or folders present in the vehicle.

History:

[39-4708, added 2020, ch. 283, sec. 1, p. 826.]
Idaho Code § 39-6503 — Idaho Code / Title 39 / Chapter 65 / Section 39-6503
39-6503 WASTE TIRE DISPOSAL.
Status: in_force

39-6503. Waste tire disposal. (1) No person shall dispose of waste tires on any public or private property in this state or in the waters of this state except at permitted public or private municipal solid waste landfills which have been approved to accept waste tires in their operating plans as specified in the following subsection.

(2) Waste tires may be disposed at a permitted public or private municipal solid waste landfill with an approved operating plan only if the waste tires have been processed to meet the following criteria:

(a) The volume of one hundred (100) unprepared randomly selected whole tires in one (1) continuous test period must be reduced by at least sixty-five percent (65%) of the original volume as specified in subsection (3) of this section. No single void space greater than one hundred twenty-five (125) cubic inches may remain in the randomly placed processed tires; or

(b) The tires shall be reduced to an average chip size no greater than sixty-four (64) square inches in any randomly selected sample of ten (10) tires or more. No more than forty percent (40%) of the chips may exceed sixty-four (64) square inches.

(3) Tire volumes shall be calculated as follows:

(a) Unprocessed whole tire volume shall be calculated by randomly placing one hundred (100) unprepared randomly selected whole tires in a rectangular container and multiplying the depth of unprocessed tires by the bottom area of the container.

(b) Processed tire volume shall be determined by randomly placing the processed tire test quantity in a rectangular container and leveling the surface. It shall be calculated by multiplying the depth of processed tires by the bottom area of the container.

History:

[39-6503, added 2003, ch. 281, sec. 4, p. 763.]
Idaho Code § 39-3915 — Idaho Code / Title 39 / Chapter 39 / Section 39-3915
39-3915 REFUSAL TO PARTICIPATE IN STERILIZATION.
Status: in_force

39-3915. Refusal to participate in sterilization. No hospital shall be required to furnish facilities or admit any patient for sterilization procedures if, upon determination by its governing board, it elects not to do so. No physician, nurse, technician or other employee of any hospital, physician or governmental agency shall be required to assist or participate in any sterilization procedure if he or she, for religious or moral reasons, objects thereto. Any such objection shall be made in writing and shall state the reason for such objection. No refusal to accept a patient for sterilization procedures shall form the basis for any claim for damages or for recriminatory action against the declining person or hospital.

History:

[39-3915, added 2003, ch. 189, sec. 2, p. 516.]
Idaho Code § 39-8811 — Idaho Code / Title 39 / Chapter 88 / Section 39-8811
39-8811 ENFORCEMENT.
Status: in_force

39-8811. Enforcement. Failure to comply with this chapter or rules promulgated pursuant to this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act contained in section 39-108, Idaho Code, provided however, that any monetary penalties for violations of the provisions of this chapter, or rules promulgated pursuant to this chapter, shall be assessed against the violator, or the violator shall be sued to recover in court, as follows:

(1) Anyone subject to the provisions of this chapter as provided in section 39-8804, Idaho Code, or rules promulgated pursuant to this chapter, who has been determined in a civil enforcement action to have failed to comply with tank notification requirements, or to have submitted false information pursuant to tank notification requirements, as provided in this chapter, any rule promulgated pursuant to this chapter or any order entered related to such violation, shall be liable for penalties of up to five thousand dollars ($5,000) per violation.

(2) Anyone subject to the provisions of this chapter as provided in section 39-8804, Idaho Code, or rules promulgated pursuant to this chapter, who has been determined in a civil enforcement action to have failed to comply with any provisions of this chapter, any rule promulgated pursuant to this chapter or any order entered related to such violation, for existing or new tank systems, shall be liable for penalties of up to five thousand dollars ($5,000) for each tank for each day of violation. If the violation is continuous, the violator shall be liable for penalties of up to five thousand dollars ($5,000) for each day of violation.

History:

[39-8811, added 2007, ch. 29, sec. 1, p. 60; am. 2011, ch. 41, sec. 1, p. 96.]
Idaho Code § 39-3906 — Idaho Code / Title 39 / Chapter 39 / Section 39-3906
39-3906 NOTICE.
Status: in_force

39-3906. Notice. The court shall order that the petition be served personally upon the person subject to this chapter, his or her guardian or parent, his or her counsel, his or her guardian ad litem, and such other persons as the court may designate.

History:

[39-3906, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-3340 — Idaho Code / Title 39 / Chapter 33 / Section 39-3340
39-3340 LICENSING.
Status: in_force

39-3340. Licensing. (1) Any person, firm, partnership, association, governmental unit, or corporation within the state proposing to operate, establish, manage, conduct, or maintain a residential care or assisted living facility in the state shall have a license issued by the licensing agency of the department. A license is not transferable. The owner of the license has ultimate responsibility for the operation of the facility.

(2) Each residential care or assisted living facility in the state requires an administrator, properly licensed by the division of occupational and professional licenses. The licensed administrator may perform the day-to-day responsibilities at the facility or may delegate all day-to-day responsibilities to a facility manager. A licensed administrator may serve up to three (3) multiple facilities and delegate all day-to-day responsibilities to on-site managers.

(3) All facilities must be licensed by the department.

(a) Change of building ownership, new construction, or buildings being converted to a facility shall be licensed, and the operator shall follow the application procedures and obtain a license before commencing operation as a facility.

(b) When there is a change of operator or lessee in currently licensed buildings, the operator or lessee shall follow the licensing process for currently licensed buildings. Facilities shall submit requested licensing documents to the department. Any company or individual established in the state of Idaho with at least one (1) operating facility shall not be required to submit an updated copy of policies and procedures. The licensing process shall not require a fire life safety inspection prior to license issuance. Within one hundred eighty (180) days of license issuance fire life safety shall inspect and provide recommendations, if any, to the new operator or lessee.

(c) Any minor change of ownership of existing buildings shall be communicated to the department within sixty (60) days of the change.

(d) Exceptions to the provisions of this section may be made by the department for temporary management.

History:

[39-3340, added 1990, ch. 116, sec. 2, p. 253; am. 1993, ch. 373, sec. 8, p. 1351; am. 2000, ch. 274, sec. 31, p. 822; am. 2005, ch. 280, sec. 25, p. 896; am. 2015, ch. 46, sec. 1, p. 98; am. 2022, ch. 94, sec. 4, p. 282; am. 2025, ch. 208, sec. 14, p. 945; am. 2026, ch. 251, sec. 14, p. 1065.]
Idaho Code § 39-241 — Idaho Code / Title 39 / Chapter 2 / Section 39-241
39-241 DEFINITIONS.
Status: in_force

39-241. Definitions. For the purposes of this chapter and this chapter only, the following terms shall be construed to have the meanings hereinafter set forth:

(1) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.

(2) "Advanced practice registered nurse" means a registered nurse licensed in this state who has gained additional specialized knowledge, skills and experience as defined in section 54-1402, Idaho Code, and includes the following four (4) roles: certified nurse midwife; clinical nurse specialist; certified nurse practitioner; and certified registered nurse anesthetist as defined by the applicable board of nursing rule.

(3) "Board" means the Idaho state board of health and welfare.

(4) "Certified copy" means the reproduction of an original vital record by typewritten, photographic or electronic means. Such reproductions, when certified by the state registrar, shall be used as the original.

(5) "Consent" means a verified written statement which has been notarized.

(6) "Dead body" means a lifeless human body or such parts of the human body or the bones thereof from the state of which it reasonably may be concluded that death occurred.

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

(8) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(a) "Induced termination of pregnancy (induced abortion)" means the purposeful interruption of pregnancy with an intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth.

(b) "Spontaneous fetal death" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy.

(9) "Identifying information" includes the following information:

(a) The name of the qualified adoptee before placement in adoption;

(b) The name and address of each qualified birthparent as it appears in birth records;

(c) The current name, address and telephone number of the qualified adult adoptee; and

(d) The current name, address and telephone number of each qualified birthparent.

(10) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

(11) "Person in charge of interment" means any person who places or causes to be placed a stillborn fetus or dead body or the ashes of the same, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes thereof.

(12) "Physician" means a person legally authorized to practice medicine and surgery, osteopathic medicine and surgery or osteopathic medicine in this state as defined in section 54-1803, Idaho Code.

(13) "Physician assistant" means any person who is a graduate of an acceptable training program and who is otherwise qualified to render patient services as defined in section 54-1803, Idaho Code.

(14) "Qualified adult adoptee" means an adopted person eighteen (18) years of age or older who was born in Idaho.

(15) "Qualified adult birth sibling" means a genetic, biological, or natural brother or sister or half-brother or half-sister, eighteen (18) years of age or older.

(16) "Qualified birthparent" means a genetic, biological, or natural parent whose rights were voluntarily or involuntarily terminated by a court or otherwise. "Birthparent" includes a man who is the parent of a child prior to the termination of parental rights.

(17) "Record" means the original certificate of an event and any replacement thereof filed for record by virtue of authority contained in this chapter, as well as instruments of any nature provided by this chapter as a means of effecting replacement of certificates.

(18) "Registrar" means the state registrar of vital statistics or a designated representative.

(19) "Relative" includes only an individual's spouse, birthparent, adoptive parent, sibling, or child who is eighteen (18) years of age or older.

(20) "Stillbirth" means a spontaneous fetal death of twenty (20) completed weeks gestation or more, based on a clinical estimate of gestation, or a weight of three hundred fifty (350) grams (twelve and thirty-five hundredths (12.35) ounces) or more.

(21) "Vital statistics" includes the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, legitimations, deaths, stillbirths, induced terminations of pregnancy, marital status and data incidental thereto.

(22) "Voluntary adoption registry" or "registry" means a place where eligible persons, as described in section 39-259A, Idaho Code, may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in section 39-259A, Idaho Code.

History:

[39-241, added 1949, ch. 72, sec. 1, p. 117; am. 1959, ch. 104, sec. 2, p. 221; am. 1974, ch. 23, sec. 61, p. 633; am. 1983, ch. 7, sec. 2, p. 25; am. 1985, ch. 59, sec. 1, p. 113; am. 2002, ch. 277, sec. 1, p. 810; am. 2007, ch. 243, sec. 1, p. 715; am. 2014, ch. 45, sec. 1, p. 117.]
Idaho Code § 39-5715 — Idaho Code / Title 39 / Chapter 57 / Section 39-5715
39-5715 AGE VERIFICATION REQUIREMENTS.
Status: in_force

39-5715. Age verification requirements. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the delivery sale order first obtains from the prospective customer a certification that includes proof of age that the purchaser is at least twenty-one (21) years old, the credit or debit card used for payment has been issued in the purchaser's name, and the address to which the tobacco products or electronic smoking devices are being shipped matches the credit card company's address for the cardholder or employs technology that requires and authenticates independent, third-party age and identity verification services, comparing data against third-party sources.

History:

[39-5715, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 9, p. 122; am. 2020, ch. 318, sec. 13, p. 913; am. 2022, ch. 113, sec. 7, p. 421.]
Idaho Code § 39-1450B — Idaho Code / Title 39 / Chapter 14 / Section 39-1450B
39-1450B PURCHASE.
Status: in_force

39-1450B. Purchase. The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.

History:

[I.C., sec. 39-1450B, as added by 1973, ch. 178, sec. 9, p. 393; am. 1976, ch. 183, sec. 4, p. 664.]
Idaho Code § 39-3619 — Idaho Code / Title 39 / Chapter 36 / Section 39-3619
39-3619 CONTINUATION PROVISIONS FOR EXISTING ACTIVITIES ON OUTSTANDING RESOURCE WATERS.
Status: in_force

39-3619. Continuation provisions for existing activities on outstanding resource waters. Existing activities may continue and shall be conducted in a manner that maintains and protects the current water quality of an outstanding resource water. The provisions of this section shall not affect short-term or temporary activities that do not alter the essential character or special uses of a segment, allocation of water rights, or operations of water diversions or impoundments, provided that such activities shall be conducted in conformance with applicable laws and regulations.

History:

[39-3619, added 1995, ch. 352, sec. 1, p. 1176.]
Idaho Code § 39-8603 — Idaho Code / Title 39 / Chapter 86 / Section 39-8603
39-8603 DEFINITIONS.
Status: in_force

39-8603. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings unless the context clearly indicates another meaning:

(1) "Administrator" means the administrator of the division of occupational and professional licenses for the state of Idaho.

(2) "ANSI" means the American national standards institute.

(3) "ASME" means the American society of mechanical engineers.

(4) "Conveyance" includes elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters.

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

(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car of limited size that is used exclusively for carrying materials and that moves in guide rails and serves two (2) or more landings.

(7) "Elevator" means a hoisting or lowering machine equipped with a car or platform that moves in guides and services two (2) or more floors or landings of a building or structure.

(8) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers.

(9) "Installation" means a complete conveyance including any hoistway, hoistway enclosures and related construction and all machinery and equipment for its operation.

(a) "Existing installation" means an installation that has been completed or upon which construction was commenced prior to July 1, 2004.

(b) "New installation" means any installation not classified as an existing installation by definition, or an existing conveyance moved to a new location subsequent to July 1, 2004.

(10) "Maintenance" means a process of routine examination, lubrication, cleaning, adjustment, and replacement of parts for the performance in accordance with applicable code requirements.

(11) "Major alteration" means any change to equipment or other maintenance, repair or replacement where work is defined by any applicable code requirement.

(12) "Material lift" means a hoisting and lowering mechanism normally classified as an elevator, equipped with a car that moves within a guide system installed at an angle of greater than seventy degrees (70°) from the horizontal, serving two (2) or more landings, for the purpose of transporting materials that are manually or automatically loaded or unloaded.

(13) "Modernization" means the replacing or upgrading of any major operating component(s) of a conveyance.

(14) "Moving walks" means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

(15) "Owner" includes the designated agent or representative of the owner.

(16) "Platform lift" means a hoisting and lowering mechanism that moves within a guide system and serves two (2) or more landings and may include vertical or inclined platform lifts used by persons who are mobility impaired.

(17) "Private residence" means a separate dwelling or a separate apartment in a multiple dwelling occupied only by the members of a single family unit.

(18) "Qualified elevator inspector" or "QEI" means a person who is currently certified by the National Association of Elevator Safety Authorities International (NAESA International) accredited certifying organization as meeting the requirements of the ASME QEI-1 Standard for the Qualification of Elevator Inspectors and who is employed by or under contract to the division of occupational and professional licenses.

(19) "Repair" means the process of rehabilitation, upgrading or replacement of parts that are basically the same as the originals for the purpose of ensuring performance in accordance with the applicable code requirements.

(20) "Replacement" means the substitution of a device or component in its entirety with a new unit that is basically the same as the original for the purpose of ensuring performance in accordance with the applicable code requirements.

History:

[39-8603, added 2004, ch. 359, sec. 1, p. 1068; am. 2020, ch. 99, sec. 1, p. 258; am. 2023, ch. 15, sec. 20, p. 86.]
Idaho Code § 39-4421 — Idaho Code / Title 39 / Chapter 44 / Section 39-4421
39-4421 GOOD SAMARITAN PROTECTION.
Status: in_force

39-4421. Good samaritan protection. (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such leakage, seepage or other release, shall be subject to civil liabilities or penalties of any type.

(2) The immunities provided in subsection (1) of this section above shall not apply to any person:

(a) Whose act or omission caused in whole or in part such actual or threatened leakage, seepage or other release and who would otherwise be liable therefor; or

(b) Who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.

(3) Nothing in section (1) above shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct.

History:

[39-4421, added 1983, ch. 154, sec. 1, p. 430.]
Idaho Code § 39-1392c — Idaho Code / Title 39 / Chapter 13 / Section 39-1392c
39-1392c IMMUNITY FROM CIVIL LIABILITY.
Status: in_force

39-1392c. Immunity from civil liability. The furnishing of information or provision of opinions to any health care organization or the receiving and use of such information and opinions shall not subject any health care organization or other person to any liability or action for money damages or other legal or equitable relief. Custodians of such records and persons becoming aware of such data and opinions shall not disclose the same except as authorized by rules adopted by the board of medicine or as otherwise authorized by law. Any health care organization may receive such disclosures, subject to an obligation to preserve the confidential privileged character thereof and subject further to the requirement that such requests shall be made and such use shall be limited to aid the health care organization in conducting peer review.

History:

[39-1392c, added 1973, ch. 265, sec. 4, p. 545; am. 1997, ch. 171, sec. 4, p. 487; am. 2003, ch. 244, sec. 3, p. 631.]
Idaho Code § 39-905 — Idaho Code / Title 39 / Chapter 9 / Section 39-905
39-905 REQUIRED TESTS.
Status: in_force

39-905. required Tests. (1) Except as otherwise provided in this chapter, it shall be the duty of the administrative officer or other person in charge of each hospital, health care facility, or other institution caring for infants or newborns and the person responsible for the registration of the birth of such infants or newborns under section 39-255, Idaho Code, to cause to have administered to every infant or newborn in its or his care a test for phenylketonuria and such other tests for preventable diseases and blood specimen collection as prescribed in this section and section 39-906, Idaho Code, and by department of health and welfare rules. The person administering such tests or blood specimen collection shall carry out the duty and make such reports of the results thereof as required by this section, section 39-906, Idaho Code, and department of health and welfare rules.

(2) Pursuant to subsection (1) of this section, all infants and newborns shall be tested for at least the following conditions as standard medical practice in Idaho:

(a) Biotinidase deficiency;

(b) Congenital hypothyroidism;

(c) Critical congenital heart disease (CCHD);

(d) Galactosemia;

(e) Maple syrup urine disease; and

(f) Phenylketonuria.

(3) For births occurring outside of a hospital, the birth attendant shall assure that screening for CCHD is conducted through the use of pulse oximetry between twenty-four (24) and forty-eight (48) hours after birth following an algorithm adopted by the department of health and welfare. The birth attendant or his designee shall record the pulse oximetry results on the birth certificate and whether the CCHD screening was determined as "passed," "failed," or "not screened" following the algorithm adopted by the department of health and welfare. The person performing the screening is responsible for making an immediate referral for further evaluation of a newborn whose CCHD results are abnormal and informing the parent or legal guardian of the need for appropriate intervention.

(4) For births occurring in a hospital, the administrator of the responsible institution or his designee shall record the pulse oximetry results on the birth certificate and whether the CCHD screening was determined as "passed," "failed," or "not screened" following the algorithm adopted by the department of health and welfare. The administrator of the responsible institution or his designee shall make a referral for further evaluation of a newborn whose CCHD results are abnormal and inform the parent or legal guardian of the need for appropriate intervention.

History:

[(39-905) 39-909, added 1965, ch. 223, sec. 1, p. 510; am. 1974, ch. 23, sec. 106, p. 633; am. 2018, ch. 169, sec. 9, p. 359; am. and redesig. 2025, ch. 45, sec. 11, p. 218.]
Idaho Code § 39-1220 — Idaho Code / Title 39 / Chapter 12 / Section 39-1220
39-1220 OPERATING WITHOUT LICENSE MISDEMEANOR.
Status: in_force

39-1220. Operating without license misdemeanor. Any person or persons who operate a foster home, children's agency, children's therapeutic outdoor program or children's residential care facility, within this state, without first obtaining a license as provided in this chapter shall be guilty of a misdemeanor. However, in the event of an initial citation for violation of the provisions of this section, if a person makes the application required within thirty (30) days, the complaint shall be dismissed. The penalty for violation of the provisions of this section shall be three hundred dollars ($300) for each day of a continuing violation, which penalty shall accrue from thirty (30) days following the initial notice of violation in the event of a finding of violation.

History:

[39-1220, added 1963, ch. 320, sec. 13, p. 901; am. 1990, ch. 215, sec. 21, p. 578; am. 2001, ch. 93, sec. 14, p. 241; am. 2002, ch. 219, sec. 10, p. 604.]
Idaho Code § 39-5004 — Idaho Code / Title 39 / Chapter 50 / Section 39-5004
39-5004 SITE SELECTION.
Status: in_force

39-5004. Site selection. (a) In selecting sites for the centers established under this chapter, the administrator shall consider:

(1) The needs of each region of the state for a center;

(2) The needs of both urban and rural communities; and

(3) The availability of existing facilities adaptable for use as a center.

(b) The administrator may select a public or nonprofit private organization to administer the centers.

(c) The administrator is authorized to enter into contracts with and make grants to the organizations selected for the purpose of establishing and administering centers under this chapter.

(d) The administrator shall cooperate with other state, local and federal agencies to coordinate, through the service centers, all programs applicable to displaced homemakers and to avoid duplication of services.

(e) To the greatest extent possible, the staff of the service centers established under this chapter, including supervisory, technical and administrative positions, shall be filled by displaced homemakers. Where necessary, potential staff members shall be provided with on-the-job training.

History:

[(39-5004) 39-4904, added 1980, ch. 333, sec. 1, p. 860; am. and redesig. 2005, ch. 25, sec. 62, p. 105.]
Idaho Code § 39-9406 — Idaho Code / Title 39 / Chapter 94 / Section 39-9406
39-9406 HEIRS NOT LIABLE FOR TREATMENT DEBT.
Status: in_force

39-9406. heirs not liable for treatment debt. If a patient dies while being treated by an investigational drug, biological product or device under the terms of this chapter, the patient's heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.

History:

[(39-9406) 39-9306, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
Idaho Code § 39-2509 — Idaho Code / Title 39 / Chapter 25 / Section 39-2509
39-2509 RURAL NURSING LOAN REPAYMENT AWARD CRITERIA.
Status: in_force

39-2509. RURAL NURSING LOAN REPAYMENT AWARD CRITERIA. [EFFECTIVE UNTIL JUNE 30, 2029] (1) Grant awards shall be made by the board based on ranking and priority in accordance with the following criteria:

(a) Priority shall be given to licensed practical nurses and registered nurses who are Idaho residents and graduated from an accredited nursing program in Idaho; and

(b) Award priority shall be given to nurses working in an eligible area with a demonstrated nursing shortage.

(2) In reviewing and weighing the criteria listed in subsection (1) of this section, the board shall consider all relevant factors.

(3) If a nurse selected for an award of debt payments does not accept the award, then the award shall be made to an eligible nurse who has not yet been awarded a grant and who best satisfies the criteria provided in subsection (1) of this section.

History:

[39-2509, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-306A — Idaho Code / Title 39 / Chapter 3 / Section 39-306A
39-306A SELECTION OF SERVICE PROVIDERS.
Status: in_force

39-306A. selection of service providers. A participant who is eligible for substance use disorder services may choose a service provider that is in the contracted substance use disorder provider network. Treatment services must be within the recommended level of care according to ASAM based on the individual's needs identified in the clinical assessment and resulting individualized service plan.

History:

[39-306A, added 2025, ch. 178, sec. 9, p. 846.]
Idaho Code § 39-255 — Idaho Code / Title 39 / Chapter 2 / Section 39-255
39-255 REGISTRATION OF BIRTHS.
Status: in_force

39-255. Registration of births. A certificate of each birth which occurs in this state shall be filed with the local registrar of the district in which the birth occurs, or as otherwise directed by the state registrar, within fifteen (15) days of the date of birth. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.

(a) When a birth occurs in an institution or en route thereto, the person in charge of the institution or a designated representative shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate within fifteen (15) days of the date of birth. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth. When the physician, or other person in attendance, is physically unable to certify to the facts of birth within the time prescribed in this section, the person in charge of the institution may complete and sign the certificate.

(b) When a birth occurs outside an institution, the certificate shall be prepared and filed by:

(1) The physician or other person in attendance at or immediately after such birth; or

(2) When no physician or other person is present at or immediately after such birth: the father, or in the event of the death, disability or absence of the father, the mother; or in the event of the death or disability of the mother, the householder or owner of the premises where the birth occurred.

(c) The father, mother or guardian shall verify the facts entered on the certificate by their signature.

(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined.

(e) (1) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless:

(i) Paternity has been determined otherwise by a court of competent jurisdiction; or

(ii) The husband has executed an affidavit of nonpaternity attesting that he is not the father, the mother has executed an acknowledgment of paternity attesting that the alleged father is the father, and the alleged father has executed an acknowledgment of paternity attesting that he is the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the alleged father shall be shown as the father on the certificate.

(2) If the mother was not married at the time of either conception or birth, or between conception and birth, the name of the father shall not be entered on the certificate without a notarized voluntary acknowledgment of paternity.

(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

History:

[(39-255) 1949, ch. 72, sec. 16, p. 117; am. and redesignated 1983, ch. 7, sec. 15, p. 30; am. 1995, ch. 28, sec. 1, p. 42; am. 1995, ch. 53, sec. 1, p. 121; am. 1998, ch. 106, sec. 3, p. 365.]
Idaho Code § 39-7802 — Idaho Code / Title 39 / Chapter 78 / Section 39-7802
39-7802 DEFINITIONS.
Status: in_force

39-7802. Definitions. (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

(b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent (10%) or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.

(c) "Allocable share" means allocable share as that term is defined in the Master Settlement Agreement.

(d) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," nine one-hundredths (0.09) ounces of "roll-your-own" tobacco shall constitute one (1) individual "cigarette."

(e) "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.

(f) "Qualified escrow fund" means an escrow arrangement with a federally or state-chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000) where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with section 39-7803, Idaho Code.

(g) "Released claims" means released claims as that term is defined in the Master Settlement Agreement.

(h) "Releasing parties" means releasing parties as that term is defined in the Master Settlement Agreement.

(i) "Tobacco product manufacturer" means an entity that after the date of enactment of this act directly (and not exclusively through any affiliate):

(1) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

(2) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(3) Becomes a successor of an entity described in paragraph (1) or (2) of this subsection.

The term "tobacco product manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of paragraphs (1) through (3) of this subsection.

(j) "Units sold" means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the state or on unstamped "roll-your-own" tobacco containers, with each nine one-hundredths (0.09) ounces of "roll-your-own" tobacco equaling one (1) unit sold. The state tax commission shall promulgate such rules as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year.

History:

[39-7802, added 1999, ch. 7, sec. 1, p. 8; am. 2005, ch. 39, sec. 1, p. 159.]
Idaho Code § 39-4517 — Idaho Code / Title 39 / Chapter 45 / Section 39-4517
39-4517 PELVIC EXAMINATION OF UNCONSCIOUS PATIENT.
Status: in_force

39-4517. pelvic examination of unconscious patient. (1) A health care provider may not knowingly perform or authorize a student practicing under the provider's authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless:

(a) The patient or a person authorized to make health care decisions for the patient gave specific informed consent to the examination; or

(b) The examination is necessary for diagnostic or treatment purposes.

(2) A health care provider who violates the provisions of subsection (1) of this section is subject to discipline from the provider's licensing board pursuant to title 54, Idaho Code.

History:

[39-4517, added 2024, ch. 183, sec. 1, p. 670.]
Idaho Code § 39-8304 — Idaho Code / Title 39 / Chapter 83 / Section 39-8304
39-8304 ENFORCEMENT.
Status: in_force

39-8304. Enforcement. (1) Whenever the attorney general has reason to believe that any employer is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that employer:

(a) To obtain a declaratory judgment that the act violates the provisions of this chapter;

(b) To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;

(c) To recover on behalf of the state and its agencies actual damages or restitution; or

(d) To recover civil penalties of up to twenty-five thousand dollars ($25,000) per violation and reasonable expenses, investigative costs and attorney's fees.

(2) The penalties provided in this section are in addition to any other available remedy at law or equity.

(3) Any civil penalty imposed pursuant to this section shall be deposited in the state general fund.

History:

[39-8304, added 2006, ch. 293, sec. 1, p. 905.]
Idaho Code § 39-8504 — Idaho Code / Title 39 / Chapter 85 / Section 39-8504
39-8504 LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION FUND ESTABLISHED.
Status: in_force

39-8504. Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission fund established. There is hereby created in the state treasury the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission fund. Moneys in the fund may consist of appropriations, federal funds, mitigation moneys, donations or moneys of any source. Moneys in the fund may be dispersed for necessary corrective actions to complete the corrective measures as they pertain to duties of the commission created under this chapter. The release of any mitigation funds from the fund shall be authorized by the state board of examiners. Moneys in the fund may also be used to pay the administrative costs of the commission and to provide for participation in proceedings relating to the Columbia River Basin, as authorized under the provisions of section 39-8503, Idaho Code.

History:

[(39-8504) 39-8404, added 2003, ch. 231, sec. 1, p. 592; am. and redesig. 2004, ch. 318, sec. 10, p. 899; am. 2018, ch. 63, sec. 2, p. 155.]
Idaho Code § 39-7002 — Idaho Code / Title 39 / Chapter 70 / Section 39-7002
39-7002 DISPOSAL OF LEAD ACID BATTERIES.
Status: in_force

39-7002. Disposal of lead acid batteries. (1) The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal unless the owner or operator is removing lead acid batteries from the waste stream for recycling. A lead acid battery shall be discarded or disposed of only as follows:

(a) A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one (1) of the following:

(i) A permitted secondary lead smelter.

(ii) A battery manufacturer.

(iii) A collection or recycling facility authorized by the federal environmental protection agency or department of environmental quality.

(iv) In the case of battery retailers only, an agent of a battery wholesaler.

(v) A landfill operator who offers collection services for recycling lead acid batteries.

(2) A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any of the following:

(a) A lead acid battery retailer or wholesaler.

(b) A permitted secondary lead smelter.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

(d) A landfill operator who offers collection services for recycling lead acid batteries.

History:

[39-7002, added 1991, ch. 292, sec. 1, p. 752; am. 2001, ch. 103, sec. 63, p. 301.]
Idaho Code § 39-3520 — Idaho Code / Title 39 / Chapter 35 / Section 39-3520
39-3520 APPLICATION FOR CERTIFICATION.
Status: in_force

39-3520. Application for certification. (1) An application for certification shall be made to the department on forms provided by the department and shall contain such information as the department reasonably requires, including, at a minimum, fingerprinting and a background check clearance through the department, a list of individuals living in the home, and payment of an application fee if charged.

(2) Following receipt of a completed application, the department shall conduct an initial certification study to determine the capability of the care provider to operate a certified family home. In the event the department establishes, prior to conducting an initial certification study, that a cause of denial exists pursuant to rules promulgated pursuant to this chapter, the department may choose to deny the application for certification without conducting or completing an initial certification study.

(3) Failure of the applicant to cooperate with the department in the application process may result in the department terminating the application. Failure to cooperate means that the applicant does not make the application fee payment within six (6) months of the date of the invoice or does not submit to the department the completed application materials and information in the form requested by the department within twelve (12) months of paying the application fee. An applicant whose application has been terminated may reapply for certification.

History:

[39-3520, added 2024, ch. 63, sec. 26, p. 324.]
Idaho Code § 39-9310 — Idaho Code / Title 39 / Chapter 93 / Section 39-9310
39-9310 CIVIL AND ADMINISTRATIVE ACTIONS.
Status: in_force

39-9310. civil and administrative actions. (1) In addition to the remedies available under the statutory or common laws of Idaho, failure to comply with the requirements of section 39-9306, Idaho Code, shall provide a basis for recovery of damages for the parent of an unborn infant or, if the mother is a minor, for the parent or guardian of the mother of an unborn infant, for the unlawful disposition of or experimentation on an unborn infant or on bodily remains.

(2) Any conviction of a health care provider for failure to comply with the requirements of section 39-9306, Idaho Code, shall result in the suspension of such provider's license for a period of at least one (1) year, and such license shall be reinstated after that time only under such conditions as the Idaho board of medicine shall require to ensure compliance with this chapter.

History:

[39-9310, added 2016, ch. 368, sec. 1, p. 1081.]
Idaho Code § 39-2606 — Idaho Code / Title 39 / Chapter 26 / Section 39-2606
39-2606 AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS.
Status: in_force

39-2606. Authorized dates for the sale and use of fireworks. (1) Nonaerial common fireworks may be sold at retail and used beginning at midnight June 23, and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. The authority having jurisdiction may at its discretion extend each period of sales by not more than five (5) days.

(2) Fireworks may be sold and used at any time in compliance with permits issued under the provisions of section 39-2605, Idaho Code.

History:

[39-2606, added 1997, ch. 246, sec. 2, p. 712.]
Idaho Code § 39-3633 — Idaho Code / Title 39 / Chapter 36 / Section 39-3633
39-3633 WATER POLLUTION CONTROL BONDS.
Status: in_force

39-3633. Water pollution control bonds. (1) Water pollution control bonds, as provided by section 5, article VIII of the constitution of the state of Idaho, shall be authorized by resolution of the state board of environmental quality. The bonds may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, may mature in such amount or amounts, may bear interest at the most advantageous rate or rates available to the state at the time offered, payable semiannually, may be in such form, either coupon or registered, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds, if sold to a federal agency, may be sold at a private sale at not less than par and accrued interest, without advertising the same at competitive bidding. If not sold to a federal agency, the bonds shall be sold publicly in a manner to be provided by the state board of environmental quality. The bonds shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code.

(2) The moneys derived from the sale of any bonds shall be deposited in the state treasury to the credit of the water pollution control fund for the purposes of that fund.

(3) All bonds issued pursuant to this chapter shall be obligations of the state and shall be payable in accordance with the terms of this chapter and the provisions of section 5, article VIII of the constitution of the state of Idaho.

History:

[(39-3633) 1970, ch. 87, sec. 7, p. 211; am. 1974, ch. 23, sec. 157, p. 633; am. and redesig. 1995, ch. 352, sec. 17, p. 1189; am. 2001, ch. 103, sec. 41, p. 286.]
Idaho Code § 39-3316A — Idaho Code / Title 39 / Chapter 33 / Section 39-3316A
39-3316A NOTICE OF RESIDENTS' RIGHTS.
Status: in_force

39-3316A. notice of residents' rights. Each facility shall:

(1) Inform each resident, orally and in writing, at the time of admission to the facility of the resident's legal rights during the stay at the facility;

(2) Make available to each resident, upon reasonable request, a written statement of such rights, and notify a resident when such rights change;

(3) Ensure the written statement of legal rights includes a description of the protection of personal funds and a statement that a resident may file a complaint with the department regarding resident abuse, neglect, and misappropriation of resident property in the facility at any time; and

(4) Conspicuously post the residents' rights in the facility at all times.

History:

[39-3316A, added 2025, ch. 208, sec. 9, p. 943.]
Idaho Code § 39-1005 — Idaho Code / Title 39 / Chapter 10 / Section 39-1005
39-1005 REPORTS OF BIRTHS AND STILLBIRTHS TO NOTE MAKING OF TEST.
Status: in_force

39-1005. Reports of births and stillbirths to note making of test. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificates of birth or death whether a standard serological test for syphilis has been made upon a sample of blood taken from the woman who bore the child for which a certificate is filed, and the approximate date when the sample was taken. The birth or death certificate shall not state the result of the test.

History:

[39-1005, added 1943, ch. 26, sec. 5, p. 53.]
Idaho Code § 39-3314 — Idaho Code / Title 39 / Chapter 33 / Section 39-3314
39-3314 TERMINATION OF ADMISSION AGREEMENTS.
Status: in_force

39-3314. Termination of admission agreements. Admission agreements may only be terminated pursuant to rules promulgated by the board.

History:

[39-3314, added 1990, ch. 116, sec. 2, p. 246; am. 2000, ch. 274, sec. 19, p. 815.]
Idaho Code § 39-105 — Idaho Code / Title 39 / Chapter 1 / Section 39-105
39-105 POWERS AND DUTIES OF THE DIRECTOR.
Status: in_force

39-105. Powers and duties of the director. (1) The director shall have all of the rights, powers, and duties regarding environmental protection functions, including but not limited to those provided by chapters 1, 4, 30, 36, 44, 58, 65, 66, 70, 71, 72, and 74, title 39, Idaho Code. The director shall have all such powers and duties as described in this section as may have been or could have been exercised by his predecessors in law and shall be the successor in law to all contractual obligations entered into by predecessors in law. All hearings of the director shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(2) The director shall, pursuant and subject to the provisions of the Idaho Code, formulate and recommend to the board rules, as may be necessary, to deal with problems related to water pollution, air pollution, solid waste disposal, and licensure and certification requirements pertinent thereto, which shall, upon adoption by the board, have the force of law relating to any purpose that may be necessary and feasible for enforcing the provisions of this act, including but not limited to the prevention, control, or abatement of environmental pollution or degradation including radionuclides and risks to public health related to any of the powers and duties described in this section. Any such rule may be of general application throughout the state or may be limited as to times, places, circumstances, or conditions in order to make due allowance for variations therein.

(3) The director, under the rules adopted by the board, shall have the general supervision of the promotion and protection of the environment of this state. The powers and duties of the director shall include but not be limited to the following:

(a) The issuance of licenses and permits as prescribed by law and by the rules of the board promulgated hereunder. For each air quality operating permit issued under title V of the federal clean air act and its implementing regulations, the director shall, consistent with the federal clean air act and its implementing regulations, expressly include a provision stating that compliance with the conditions of the permit shall be deemed compliance with the applicable requirements of the federal clean air act and the title V implementing regulations. The director may develop and issue general permits covering numerous similar sources, as authorized by 40 CFR 70.6(d), as amended, and as appropriate.

(b) The enforcement of rules relating to public water supplies and administration of the drinking water loan fund pursuant to chapter 76, title 39, Idaho Code, including making loans to eligible public drinking water systems, as defined in the federal safe drinking water act, as amended, and to comply with all requirements and regulations promulgated pursuant to the act. This includes but is not limited to the development and implementation of a capacity development strategy to ensure public drinking water systems have the technical, managerial, and financial capability to comply with the national primary drinking water regulations and the enhancement of protection of source waters for public drinking water systems.

(c) The establishment of liaison with other governmental departments, agencies, and boards in order to effectively assist other governmental entities with planning for the control or abatement of environmental pollution. All of the rules adopted by the board hereunder shall apply to state institutions.

(d) The supervision and administration of a system to safeguard air quality and to limit and control the emission of air contaminants.

(e) The supervision and administration of a system to safeguard the quality of the waters of this state, including but not limited to the enforcement of rules relating to the discharge of effluent into the waters of this state and the storage, handling, and transportation of solids, liquids, and gases that may cause or contribute to water pollution. For purposes of complying with the clean water act, the director may provide an exemption from additional reductions for those nonpoint sources that meet the applicable reductions set forth in an approved TMDL, as defined in chapter 36, title 39, Idaho Code.

(f) The supervision and administration of administrative units whose responsibility shall be to assist and encourage counties, cities, other governmental units, and industries in the control and abatement of environmental pollution.

(g) The supervision and administration of a solid waste program and issuance of approvals, licenses, and permits in accordance with the provisions of the Idaho solid waste facilities act, chapter 74, title 39, Idaho Code, and, in particular, as follows:

(i) Issuing solid waste disposal site certificates;

(ii) Providing review and approval of the design of solid waste disposal facilities and ground water monitoring systems and approval of all applications for flexible standards as provided for in 40 CFR 258;

(iii) Providing review and approval of solid waste facility operation, closure, post-closure, and financial assurance plans;

(iv) Enforcing solid waste management operations and the provisions of chapter 74, title 39, Idaho Code, rules promulgated pursuant thereto, and applicable federal law and regulations;

(v) Developing and administering the research, development, and demonstration program, which is to be implemented as a part of the existing approved solid waste program, upon approval of the United States environmental protection agency; and

(vi) Promulgating rules, as necessary, subject to legislative approval, to supplement details of compliance with the Idaho solid waste facilities act and applicable federal regulations, provided that such rules shall not conflict with or be more stringent than applicable state law, including the provisions of chapter 74, title 39, Idaho Code, and applicable federal law and regulations.

(h) The establishment, administration, and operation of:

(i) A network of environmental monitoring stations, independent of the United States department of energy, within and around the facilities of the Idaho national laboratory to provide authoritative auditing and analysis of emissions, discharges, or releases of pollutants to the environment, including the air, water, and soil from such facilities;

(ii) Programs within the department to utilize the data obtained from such monitoring, and any other relevant data, in the enforcement of applicable agreements, statutes, and rules pertaining to such facilities and programs, to review, analyze, and participate in remedial decisions and other proposed actions and projects, and to ensure the protection of public health and the environment; and

(iii) A program to monitor the implementation of agreements between the United States and the state of Idaho related to the operation and environmental protection obligations of the Idaho national laboratory and provide periodic information to the governor, the attorney general, the legislature, and the people of Idaho concerning compliance with such agreements and obligations. The director shall have the power to enter into agreements with the United States department of energy in order to carry out the duties and authorities provided in this subsection.

(i) The enforcement of all laws, rules, regulations, codes, and standards relating to environmental protection and health.

(j) The enhancement and protection of source waters of the state pursuant to rules of the board.

(4) The director, when so designated by the governor, shall have the power to apply for, receive on behalf of the state, and utilize any federal aid, grants, gifts, gratuities, or moneys made available through the federal government, including but not limited to the federal water pollution control act, for use in or by the state of Idaho in relation to health and environmental protection.

(5)(a) The director shall have the power to enter into and make contracts and agreements with any public agency or municipal corporation for facilities, land, and equipment when such use will have a beneficial or recreational effect or be in the best interest in carrying out the duties imposed on the department.

(b) The director shall have the power to enter into contracts for the expenditure of state matching funds for local purposes. This subsection will constitute the authority for public agencies or municipal corporations to enter into such contracts and expend money for the purposes delineated in such contracts.

(c) The director shall have the power to enter into and make voluntary contracts and agreements with public agencies, municipal corporations, and private parties for funding or reimbursement of staff and consultant costs necessary for the director to discharge his duties as provided by state statute and administrative rule. Such contracts and agreements shall be limited to a five (5) year term but can be renewed upon agreement of all parties. Moneys received through these contracts and agreements shall be expended pursuant to appropriation.

(6) The director is authorized to adopt an official seal to be used on appropriate occasions, in connection with the functions of the department or the board, and such seal shall be judicially noticed. Copies of any books, records, papers, or other documents in the department shall be admitted in evidence equally with the originals thereof when authenticated under such seal.

History:

[39-105, added 1972, ch. 347, sec. 5, p. 1017; am. 1974, ch. 23, sec. 49, p. 633; am. 1980, ch. 325, sec. 1, p. 821; am. 1988, ch. 47, sec. 2, p. 56; am. 1989, ch. 308, sec. 3, p. 765; am. 1991, ch. 332, sec. 2, p. 860; am. 1992, ch. 307, sec. 1, p. 915; am. 1992, ch. 331, sec. 2, p. 991; am. 1993, ch. 139, sec. 22, p. 365; am. 1993, ch. 275, sec. 4, p. 928; am. 1994, ch. 75, sec. 1, p. 156; am. 1997, ch. 26, sec. 1, p. 36; am. 1999, ch. 174, sec. 1, p. 467; am. 2000, ch. 132, sec. 8, p. 319; am. 2004, ch. 335, sec. 2, p. 1002; am. 2007, ch. 83, sec. 2, p. 222; am. 2018, ch. 169, sec. 7, p. 356; am. 2023, ch. 153, sec. 1, p. 415; am. 2025, ch. 47, sec. 6, p. 225; am. 2026, ch. 7, sec. 1, p. 23.]
Idaho Code § 39-4412 — Idaho Code / Title 39 / Chapter 44 / Section 39-4412
39-4412 INSPECTIONS — RIGHT OF ENTRY.
Status: in_force

39-4412. Inspections — Right of entry. (1) All inspections and searches conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a public health or environmental emergency.

(2) For the purposes of developing or enforcing any provision of this chapter or any rule or regulation authorized by this chapter, any duly authorized state employee or representative may, upon presentation of appropriate state identification, at any reasonable time:

(a) Enter upon any private or public property where hazardous wastes are or have been generated, transported, treated, stored, or disposed of to inspect and to secure samples of such wastes, their containers, and their labels;

(b) Enter into any aircraft, vehicle, vessel, rail car, trailer, van, or other means of conveyance where hazardous wastes are or have been contained to inspect and to secure samples of such wastes, their containers, and their labels;

(c) Enter any private or public property, or means of conveyance, where records, reports, information, or test results relating to the generation, transportation, treatment, storage, or disposal of hazardous wastes exist to inspect and copy such documents.

(3) Upon request by an authorized agent of a property owner or facility operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request if the requesting party agrees to have the samples analyzed and to share the results of the analysis with the department.

(4) The right of entry of a duly authorized state employee or representative shall not be subject to the waiver of any potential tort liability of the facility owner or operator. The right of entry of a duly authorized state or health district employee shall not be subject to any confidentiality requirements other than those specified in section 39-4411(3), Idaho Code, and chapter 1, title 74, Idaho Code. The right of entry of a private contractor working in a representative capacity for the department may, however, be made subject to additional confidentiality requirements so long as those requirements do not interfere unreasonably with the development of information by the department or the transmission of information from the contractor to the department or the United States environmental protection agency.

(5) Any magistrate or district court judge is authorized to issue an administrative search warrant upon a request from the director describing reasonable cause for issuance of the warrant or the existence of a reasonable program of inspection.

History:

[39-4412, added 1983, ch. 154, sec. 1, p. 424; am. 1990, ch. 213, sec. 44, p. 517; am. 2015, ch. 141, sec. 93, p. 446; am. 2026, ch. 89, sec. 8, p. 469.]
Idaho Code § 39-4401 — Idaho Code / Title 39 / Chapter 44 / Section 39-4401
39-4401 SHORT TITLE.
Status: in_force

39-4401. Short title. This act may be known and cited as the "Hazardous Waste Management Act of 1983."

History:

[39-4401, added 1983, ch. 154, sec. 1, p. 417.]
Idaho Code § 39-8109 — Idaho Code / Title 39 / Chapter 81 / Section 39-8109
39-8109 NOTES AND BONDS — STATE WILL NOT IMPAIR VESTED RIGHTS.
Status: in_force

39-8109. Notes and bonds — State will not impair vested rights. The state pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the financing authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and remedies of the holders until the notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The financing authority may include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.

History:

[39-8109, added 2001, ch. 371, sec. 2, p. 1306.]
Idaho Code § 39-5709 — Idaho Code / Title 39 / Chapter 57 / Section 39-5709
39-5709 CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.
Status: in_force

39-5709. Criminal penalties for violations without a permit. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state's public purpose to prevent minor's access to tobacco products or electronic smoking devices.

(1) The sale or distribution of tobacco products or electronic smoking devices without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products or electronic smoking devices was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). The provisions of this section shall not be applicable to an employee of the business engaged in the sale of tobacco products or electronic smoking devices if the sale occurred during the course of such employment and the seller does not have an ownership interest in the business.

(2) In addition to the penalties set forth in subsection (1) of this section, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco products or electronic smoking devices sales or distribution continues. The first seven (7) days of additional fines may be suspended, provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation.

History:

[39-5709, added 1998, ch. 418, sec. 2, p. 1320; am. 2020, ch. 318, sec. 9, p. 911.]
Idaho Code § 39-111 — Idaho Code / Title 39 / Chapter 1 / Section 39-111
39-111 AVAILABILITY OF RECORDS.
Status: in_force

39-111. Availability of records. Any records or other information furnished to the board, department or to agents, contractors, or other representatives of the department under any provisions of this chapter shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[39-111, added 1972, ch. 347, sec. 11, p. 1017; am. 1974, ch. 23, sec. 54, p. 633; am. 1986, ch. 60, sec. 6, p. 175; am. 1990, ch. 213, sec. 34, p. 508; am. 1998, ch. 125, sec. 2, p. 464; am. 2000, ch. 132, sec. 19, p. 333; am. 2015, ch. 141, sec. 82, p. 439.]
Idaho Code § 39-176E — Idaho Code / Title 39 / Chapter 1 / Section 39-176E
39-176E CONSTRUCTION REQUIREMENTS FOR NEW PHOSPHOGYPSUM STACKS — LATERAL EXPANSIONS OF EXISTING PHOSPHOGYPSUM STACKS.
Status: in_force

39-176E. CONSTRUCTION REQUIREMENTS FOR NEW PHOSPHOGYPSUM STACKS — LATERAL EXPANSIONS OF EXISTING PHOSPHOGYPSUM STACKS. Any operator desiring to construct a new phosphogypsum stack, a material component thereof, or a lateral expansion shall submit to the department of environmental quality for review and approval prior to commencing construction a design and construction plan, including construction quality control, that includes minimum design and construction requirements to control and minimize the movement of waste and waste constituents into the environment. Plans and specifications submitted to satisfy the requirements of sections 39-176A through 39-176F, Idaho Code, shall be certified by a registered professional engineer. The minimum design requirements include the following features and standards:

(1) Run-on and runoff controls for the phosphogypsum stack systems for the collection, control, and treatment, as needed, of run-on and runoff from the systems. The controls shall be capable of managing a flow resulting from a twenty-four (24) hour, twenty-five (25) year rainfall event or from a combined peak precipitation and snowmelt event over a twenty-four (24) hour period using snowfall, precipitation, and other meteorological data from the historical record.

(2) Any new phosphogypsum stack or lateral expansion shall be designed with an overall factor of safety of 1.5 for any potential failure surface encompassing the impoundment on top of the stack and passing through the phosphogypsum slope or bottom liner interfaces or extending into earthen material in contact with the bottom liner.

(3) Liner and leachate control systems that achieve the following minimum design standards:

(a) Phosphogypsum stacks, collection ponds, decant ponds, and cooling ponds shall be constructed atop a composite liner or approved alternative of equivalent hydraulic conductivity and durability. Liners shall be constructed of materials that have appropriate physical, chemical, and mechanical properties to prevent failure. A composite liner will have both a synthetic and a nonsynthetic component.

(i) The synthetic component shall consist of a sixty (60) mil or thicker HDPE or equivalent geomembrane with a maximum water vapor transmission rate of twenty-four hundredths (0.24) of one gram per square meter per day as determined by the American society for testing and materials (ASTM) method E96-80, procedure BW.

(ii) The nonsynthetic component shall consist of either soil, phosphogypsum, or sedimented phosphogypsum or equivalent material.

1. Soil or equivalent material. A layer of compacted soil or other equivalent material at least eighteen (18) inches thick, placed below the geomembrane, with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second, constructed in six (6) inch lifts.

2. Phosphogypsum. A layer of mechanically compacted phosphogypsum at least twenty-four (24) inches thick, placed above the geomembrane, with a maximum hydraulic conductivity of 1 x 10-4 centimeters per second. A layer of compacted phosphogypsum is not required for any vertical expansion or natural ground slopes steeper than 2.5H:1V abutting a vertical or horizontal expansion where phosphogypsum slurry is discharged in the expansion area.

(iii) The nonsynthetic layer of the composite liner is not required for vertical expansions where:

1. It has been demonstrated that a synthetic liner alone or in contact with sedimented phosphogypsum placed in slurry form will be equivalent or superior to a composite liner;

2. It has been demonstrated that a synthetic liner in contact with sedimented phosphogypsum placed in a slurry form is equivalent or superior to a composite liner with twenty-four (24) inches of compacted phosphogypsum placed above the geomembrane; or

3. For lateral expansions, it has been demonstrated and certified by a third-party professional engineer that a synthetic liner in contact with sedimented phosphogypsum placed in slurry form, and with consideration of the physical hydrogeological setting of the specific lateral expansion, provides an equivalent or superior degree of protection for human health and the environment.

(iv) The nonsynthetic layer of the composite liner will not be required for an alternative liner, such as a double synthetic liner, that has the equivalent hydraulic conductivity and durability to a composite liner.

(v) An approved alternative shall have the equivalent hydraulic conductivity and durability of a composite liner.

(vi) For an intermediate liner, a composite liner is not required.

(b) All liner and leachate control system components shall have appropriate quality control and quality assurance standards, specifications, and procedures for construction, including:

(i) Procedures and tests that will be used to monitor the installation of the liner system components shall be described in detail;

(ii) Description of sampling activities, sample size, sample locations, minimum frequency of testing, acceptance and rejection criteria, and plans for implementing corrective measures that may be necessary; and

(iii) Description of reporting for constructive quality assurance and quality control activities, including observation data sheets, problem identification, corrective measures, and final documentation.

(c) Phosphogypsum stacks shall have a leachate control system. Any leachate emanating from a phosphogypsum stack system shall be routed to a collection pond, such as a decant pond or similar water structure, to be contained within the system or recirculated to the production plant, or, if discharged, treated if required to meet applicable water quality and discharge requirements. All toe drain or leachate collection systems shall be constructed within the lined system. Leachate control systems shall:

(i) Have a perimeter underdrain system designed to stabilize the side slopes of the phosphogypsum stack that is installed above the geomembrane liner; and

(ii) Have perimeter drainage conveyances that either consist of covered or uncovered ditches that are lined continuously with sixty (60) mil or thicker HDPE or equivalent geomembrane, or of chemically compatible leachate collection pipes. Covered ditches shall have manholes or appropriate cleanout structures at appropriate intervals unless a third-party engineer certifies and identifies areas where manholes or cleanout structures in piped systems are not feasible.

(d) Auxiliary holding ponds shall be designed with a synthetic liner or an approved alternative of equivalent hydraulic conductivity and durability.

(e) Process wastewater conveyances shall be constructed with a liner or pipe.

(4) Perimeter dikes that shall incorporate minimum design standards for freeboard, safety, and slope stability design factors, construction methods, and other related parameters, including:

(a) Ground that will become the foundation of perimeter dikes shall be stripped of vegetation and organic detritus or residue, including muck, slimes, or other material that would flow or undergo excessive consolidation under heavy loading. All earth foundation surfaces on which fill is to be placed shall be scarified, or moistened and compacted, prior to spreading the first course of fill material.

(b) A program of soil sampling and testing adequate to determine the characteristics of the foundation material that will support the proposed perimeter dike and the material to be used to construct the perimeter dike.

(c) The crest of the perimeter dike shall be graded toward the inside slope or the outside slope. Both inside and outside slopes shall not be steeper than two and one-half (2.5) horizontal to one (1.0) vertical (2.5H:1V). A liner shall be constructed on the inside slope of the perimeter dike and be suitably connected to the remainder of the liner system to provide seepage control.

(d) The freeboard of an above-grade perimeter dike shall not be less than five (5) feet unless a freeboard of less than five (5) feet is justified based on results of seepage and stability analysis and wave run-up analysis. In no event shall the freeboard of an above-grade perimeter dike be less than three (3) feet.

(e) A stability analysis shall be performed taking into consideration the minimum fluid level as well as the fluid level at the freeboard on the upstream slope of the perimeter dike and possible fluctuations of the tailwater level. When applicable, the stability analysis will include a seepage or flow net analysis.

(f) The following minimum safety factors will be used for perimeter dikes: 1.75 for horizontal shear at base of fill; 1.5 for horizontal shear within the fill due to seepage through the outer face; 1.5 for horizontal shear or circular arc failure through the foundation soils; 1.5 for protection against shear failure of any circular arc in either inside or outside slope. In determining design safety factors, water pressure distribution must be addressed.

(g) A seismic stability analysis shall be performed.

(h) Appropriate quality control and quality assurance standards, specifications, and procedures for perimeter dike construction shall be implemented.

(5) Any lateral expansion must be constructed in accordance with the same requirements as a new phosphogypsum stack. Except for incidental deposits of phosphogypsum entrained in the process wastewater, or conditioned phosphogypsum used as a cushion layer against rock slope, placement of phosphogypsum outside the phosphogypsum stack footprint is considered a lateral expansion.

(6) The design and construction plan submitted to the department must contain a process for notification and department approval of deviations from the approved design and construction plan.

History:

[39-176E, added 2020, ch. 51, sec. 5, p. 121; am. 2021, ch. 246, sec. 5, p. 764.]
Idaho Code § 39-5407 — Idaho Code / Title 39 / Chapter 54 / Section 39-5407
39-5407 PENALTY.
Status: in_force

39-5407. Penalty. A person who violates the provisions of sections 2, 3 or 4 of this act is guilty of a misdemeanor.

History:

[39-5407, added 1982, ch. 349, sec. 7, p. 865.]
Idaho Code § 39-8011 — Idaho Code / Title 39 / Chapter 80 / Section 39-8011
39-8011 VIOLATIONS.
Status: in_force

39-8011. Violations. (1) If a school district, the district superintendent, principal, board of trustees, or other person in charge willfully violates the provisions of this chapter, the state superintendent of public instruction shall withhold such ensuing apportionments as are necessary to make repairs to abate the identified imminent safety hazard or serious safety hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the district's appropriation, shall be disbursed only to pay for such repairs.

(2) If the funds that would be raised over two (2) fiscal years from applying the provisions of subsection (1) of this section are insufficient, in combination with all moneys that will be available in the district's school building maintenance allocation for the same period, to provide sufficient moneys to abate the identified imminent or serious safety hazard, then the administrator shall submit an application to abate said hazard to the Idaho public school facilities cooperative funding program panel pursuant to section 33-909, Idaho Code.

(3) It is a misdemeanor to remove, without permission of the administrator, a notice or order posted pursuant to this chapter.

History:

[39-8011, added 2000, ch. 352, sec. 1, p. 1186; am. 2002, ch. 158, sec. 5, p. 463; am. 2006, ch. 311, sec. 10, p. 966; am. 2007, ch. 142, sec. 2, p. 414.]
Idaho Code § 39-3136 — Idaho Code / Title 39 / Chapter 31 / Section 39-3136
39-3136 FUNDS.
Status: in_force

39-3136. Funds. The financial support for the regional behavioral health centers shall be furnished by state appropriations and by whatever federal funds are available in an identifiable section within the behavioral health program budgets. Behavioral health services that are financed or contracted by local or federal sources may be incorporated into the regional behavioral health centers subject to the approval of the state behavioral health authority.

History:

[39-3136, added 1969, ch. 202, sec. 14, p. 589; am. 2014, ch. 43, sec. 24, p. 115.]
Idaho Code § 39-276 — Idaho Code / Title 39 / Chapter 2 / Section 39-276
39-276 UNIFORMITY OF INTERPRETATION.
Status: in_force

39-276. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

History:

[(39-276) 1949, ch. 72, sec. 31, p. 117; am. and redesignated 1983, ch. 7, sec. 38, p. 44.]
Idaho Code § 39-5718 — Idaho Code / Title 39 / Chapter 57 / Section 39-5718
39-5718 REGISTRATION AND REPORTING REQUIREMENTS.
Status: in_force

39-5718. Registration and reporting requirements. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a statement setting forth the permittee's name, trade name, and the address of the business's principal place of business and any other place of business.

(2) No later than the tenth day of each calendar month, each permittee that has made a delivery sale or shipped or delivered tobacco products or electronic smoking devices in connection with any such sale during the previous calendar month shall file with the department and the state tax commission a memorandum or a copy of the invoice that provides for each and every such delivery sale:

(a) The name and address of the individual to whom the delivery sale was made;

(b) The brand or brands of the tobacco products or electronic smoking devices that were sold in such delivery sale; and

(c) The quantity of tobacco products or electronic smoking devices that were sold in such delivery sale.

(3) Any tobacco products or electronic smoking devices sold or attempted to be sold in a delivery sale that does not meet the requirements of this chapter shall be forfeited to the state of Idaho.

History:

[39-5718, added 2003, ch. 273, sec. 3, p. 731; am. 2020, ch. 318, sec. 16, p. 913.]
Idaho Code § 39-1308 — Idaho Code / Title 39 / Chapter 13 / Section 39-1308
39-1308 INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE.
Status: in_force

39-1308. injunction to prevent operation without license. Notwithstanding the existence or pursuit of any other remedy, the department may maintain an action in the name of the state for injunction or other process or remedy allowable by law against any person, entity, or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a hospital, nursing facility, or intermediate care facility without a license pursuant to sections 39-1301 through 39-1309, Idaho Code.

History:

[39-1308, added 2025, ch. 122, sec. 27, p. 636.]
Idaho Code § 39-4417 — Idaho Code / Title 39 / Chapter 44 / Section 39-4417
39-4417 HAZARDOUS WASTE EMERGENCY ACCOUNT.
Status: in_force

39-4417. Hazardous waste emergency account. (1) There is hereby created an account in the state treasury to be designated the hazardous waste emergency account.

(2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to the account as a result of departmental compliance proceedings, moneys allotted to the account in a court ordered award or judgment, moneys allotted to the account in a court approved settlement, and moneys contributed to the account from other sources.

(3) Moneys in the account may be used by the director in the case of a hazardous waste emergency to pay the necessary costs of preventing, neutralizing, or mitigating any threat to the public health or safety, or to the environment caused by that emergency.

(4) The board may promulgate regulations for the withdrawal and use of funds from the account as specified in subsection (3) of this section.

(5) All moneys placed in the account are hereby perpetually appropriated to the department for the purposes described in subsection (3) of this section. All expenditures from the account shall be paid out in warrants drawn by the state controller upon presentation of the proper vouchers.

(6) Pending use, surplus moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code. Interest earned on the investments shall be returned to the account.

History:

[39-4417, added 1983, ch. 154, sec. 1, p. 429; am. 1994, ch. 180, sec. 74, p. 476.]
Idaho Code § 39-259A — Idaho Code / Title 39 / Chapter 2 / Section 39-259A
39-259A VOLUNTARY ADOPTION REGISTRY FOR PROVIDING LIMITED ACCESS TO BIRTH INFORMATION OF ADULT ADOPTEES.
Status: in_force

39-259A. Voluntary adoption registry for providing limited access to birth information of adult adoptees. (a) The state registrar of vital statistics shall establish and maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified adult adoptee shall be accompanied by the adoptee's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified adult adoptee desires release of his identifying information if a match occurs after his death. The qualified adult adoptee may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed adoptee. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of this section.

(b) The state registrar of vital statistics shall establish and maintain a confidential list of qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth parent shall be accompanied by the birth parent's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth parent desires release of his identifying information if a match occurs after his death. The qualified birth parent may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth parent. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of sections 39-258(8) and 39-259(2), (3), and (4), Idaho Code. Any birth parent who, in terminating his parental rights, used an alias and this alias is listed in the original sealed birth certificate may also file a consent with the registry. A birth parent shall not be matched with a qualified adult adoptee without the consent of the other birth parent unless:

(1) There is only one (1) birth parent listed on the birth certificate; or

(2) The other birth parent is deceased; or

(3) The other birth parent is unable to be located by the department of health and welfare or by a licensed child placement agency designated by the department of health and welfare, after a search, which shall consist, at a minimum, of a certified letter to the other birth parent at the last known address and a newspaper advertisement made in the county of the last known address; such search to be completed within ninety (90) days and the cost of said search to be fully funded and completed by the birth parent seeking a match; said search to be in accordance with the rules and regulations promulgated by the department.

(c) The state registrar of vital statistics shall establish and maintain a confidential list of qualified adult birth siblings who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth sibling shall be accompanied by the birth sibling's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth sibling desires release of his identifying information if a match occurs after his death. The qualified birth sibling may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth sibling. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of section 39-258(8) and 39-259 (2), Idaho Code, and this section.

(d) The state registrar shall maintain a confidential list of relatives of deceased qualified adult adoptees and relatives of deceased qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by such relative shall be accompanied by the person's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Such relative may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed relative. The state registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of this section.

(e) The state registrar shall regularly review the lists provided for in subsections (a), (b), (c), and (d) of this section and any other nonsealed administrative files or records within the office to determine if there is a match. If it appears that a match has occurred, then and only then is the registrar authorized to proceed to confirm the match through recourse to sealed documents on file in the office of the registrar. When a match is confirmed, the registrar shall notify each party, by its designated method only, prior to an exchange of identifying information. Nothing in this section shall be construed to allow any state or local governmental department, agency, or institution, or any employee thereof, to solicit any consent for the release of identifying information.

(f) When a match is made and both the adopted person and the birth parent or parents submit to the state registrar a notarized request for a copy of the original birth record of the adopted person, the state registrar shall issue such copy marked "NOT FOR OFFICIAL USE" at the usual cost of certificate copies.

(g) Nothing in this section shall be construed to allow the registrar to issue a copy of the original birth certificate to any registrant, except as provided for in subsection (f) of this section.

(h) Except upon order of a court of record of this state and notwithstanding any other provision of law, the information acquired by the registry shall not be disclosed under its public records law, sunshine or freedom of information legislation, rules, or practice.

(i) The initial fee to be charged each person requesting that his name be placed on the list provided for in subsections (a), (b), (c), and (d) of this section, and for the services provided by the registrar in establishing and implementing the registry pursuant to this section, shall be ten dollars ($10.00). Except for the cost of the search described in subsection (b)(3) of this section, the fee shall cover all direct and indirect costs incurred pursuant to this section. The state board of health and welfare shall annually review the fees and expenses incurred pursuant to this section and, as needed, adjust the fees charged to cover the expenses of administering the provisions of this section.

History:

[39-259A, added 1985, ch. 59, sec. 4, p. 117; am. 1990, ch. 213, sec. 36, p. 510; am. 1993, ch. 315, sec. 2, p. 1168; am. 2022, ch. 282, sec. 3, p. 897.]
Idaho Code § 39-5408 — Idaho Code / Title 39 / Chapter 54 / Section 39-5408
39-5408 HTLV-III ANTIBODY.
Status: in_force

39-5408. HTLV-III antibody. Every hospital, bank or other storage facility where a person has donated semen shall use all reasonable means to detect if the donor has an antibody to HTLV-III in his blood. In the event that an antibody to HTLV-III is detected, such semen shall not be used for any purposes of artificial insemination.

As used in this section, "HTLV-III" means the human T-cell lymphotropic virus type III that causes acquired immunodeficiency syndrome.

History:

[39-5408, added 1986, ch. 111, sec. 1, p. 304.]
Idaho Code § 39-3403 — Idaho Code / Title 39 / Chapter 34 / Section 39-3403
39-3403 APPLICABILITY.
Status: in_force

39-3403. Applicability. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

History:

[39-3403, added 2007, ch. 30, sec. 2, p. 63.]
Idaho Code § 39-7113 — Idaho Code / Title 39 / Chapter 71 / Section 39-7113
39-7113 PERSONS RENDERING ASSISTANCE RELATING TO HAZARDOUS SUBSTANCE INCIDENTS — GOOD SAMARITAN LIMITED IMMUNITY.
Status: in_force

39-7113. Persons rendering assistance relating to hazardous substance incidents — Good samaritan limited immunity. (1) Consistent with the provisions of subsections (2) and (3) of this section:

(a) The state shall be liable for the acts or omissions of the state emergency response teams responding to a hazardous substance incident.

(b) The designating or requesting city or county shall be liable for the acts or omissions of a local emergency response authority responding to a hazardous substance incident within its jurisdiction.

(2) Notwithstanding any provision of law to the contrary, any state emergency response team, local emergency response authority or other person who responds to a hazardous substance incident at the request of an incident commander shall not be subject to civil liability for assistance or advice, except as provided in subsection (3) of this section.

(3) The exemption from civil liability provided in this section shall not apply to:

(a) An act or omission that caused in whole or in part such hazardous substance incident or a person who may otherwise be liable therefor; or

(b) Any person who has acted in a grossly negligent, reckless, or intentional manner.

(4) Nothing in this section shall be construed to abrogate or limit the immunity granted to governmental entities pursuant to chapter 9, title 6, Idaho Code.

History:

[39-7113, added 1991, ch. 242, sec. 1, p. 591.]
Idaho Code § 39-4513 — Idaho Code / Title 39 / Chapter 45 / Section 39-4513
39-4513 IMMUNITY.
Status: in_force

39-4513. Immunity. (1) No licensed independent practitioner, emergency medical services personnel, other health care provider, facility, or individual employed by, acting as the agent of, or under contract with any such health care provider or facility shall be civilly or criminally liable or subject to discipline for unprofessional conduct for acts or omissions carried out or performed in good faith pursuant to the directives in a facially valid advance care planning document, DNR order, or other health care directive, or pursuant to a POST identification device as provided for in section 39-4512A, Idaho Code.

(2) Any licensed independent practitioner or other health care provider who for ethical or professional reasons is unwilling to conform to the desires of the patient or the patient's surrogate decision-maker may, subject to the requirements of section 39-4514(3), Idaho Code, withdraw without incurring any civil or criminal liability provided the licensed independent practitioner or other health care provider, before withdrawal of his or her participation, makes a good faith effort to assist the patient in obtaining the services of another licensed independent practitioner or other health care provider who is willing to provide care for the patient in accordance with the patient's expressed or documented wishes.

(3) No person who exercises the responsibilities of a health care agent in good faith shall be subject to civil or criminal liability as a result.

(4) Neither the registration of an advance care planning document in the health care directive registry under section 39-4515, Idaho Code, nor the revocation or replacement of such an advance care planning document requires a licensed independent practitioner or other health care provider to request information from that registry. The decision of a licensed independent practitioner or other health care provider to request or not to request an advance care planning document from the registry shall be immune from civil or criminal liability. A licensed independent practitioner or other health care provider who in good faith acts in reliance on a facially valid advance care planning document received from the health care directive registry shall be immune from civil or criminal liability for those acts done in such reliance.

(5) Licensed independent practitioners and other health care providers may disregard the POST form or a POST identification device or a DNR order:

(a) If they believe in good faith that the order has been revoked;

(b) To avoid oral or physical confrontation; or

(c) If ordered to do so by a licensed independent practitioner.

History:

[39-4513, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 5, p. 208; am. 2007, ch. 196, sec. 16, p. 591; am. 2012, ch. 302, sec. 13, p. 836; am. 2012, ch. 305, sec. 2, p. 844; am. 2023, ch. 307, sec. 18, p. 931.]
Idaho Code § 39-3356 — Idaho Code / Title 39 / Chapter 33 / Section 39-3356
39-3356 COMPLAINTS.
Status: in_force

39-3356. Complaints. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency.

(2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules, regulations and standards. If the licensing agency reasonably believes a requirement of this chapter has been violated, it shall conduct an inspection of the facility unannounced, unscheduled, and without written notice.

(3) A complaint filed with the licensing agency which is subsequently released to the facility that is the subject of the complaint or to any member of the public shall not disclose the name or identifying characteristics of the complainant unless:

(a) The complainant consents in writing to the disclosure.

(b) The investigation results in a judicial proceeding and disclosure is ordered by the court.

(c) If the disclosure is essential to the investigation, the complainant shall be given an opportunity to withdraw the complaint before disclosure.

(4) The licensing agency shall inform the complainant or, if requested by the complainant, the complainant's designated representative, of the results of the investigation and any action taken by the agency.

(5) Complaints shall not be listed on the department's public website. Substantiated complaints that result in a citation may be included in the inspection results on the department's public website.

History:

[39-3356, added 1990, ch. 116, sec. 2, p. 257; am. 2025, ch. 208, sec. 20, p. 949.]
Idaho Code § 39-4427 — Idaho Code / Title 39 / Chapter 44 / Section 39-4427
39-4427 COMMERCIAL DISPOSAL FEES.
Status: in_force

39-4427. Commercial disposal fees. (1) There is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, the lowest applicable fee for each ton of waste or fraction thereof, as follows:

(a) Thirty dollars ($30.00) per gate ton or fraction thereof for all hazardous wastes as defined by RCRA or section 39-4407, Idaho Code;

(b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all manifested wastes not otherwise defined in this subsection;

(c) Two dollars ($2.00) per gate ton or fraction thereof for all manifested remediation wastes not otherwise defined in this subsection;

(d) Twenty dollars ($20.00) per gate ton or fraction thereof for the first two thousand five hundred (2,500) gate tons or less of wastes received by a facility or site from the same site, property or hazardous waste management unit if the wastes: (i) are PCBs regulated under Idaho or federal law and are in concentrations greater than fifty (50) parts per million; (ii) are hazardous debris; (iii) are hazardous wastes that become subject to regulation solely as a result of a removal or remedial action taken in response to environmental contamination; or (iv) are hazardous wastes that result from corrective action or closure of a regulated or nonregulated hazardous waste management unit;

(e) Ten dollars ($10.00) per gate ton or fraction thereof for all wastes contained in paragraph (d) of this subsection, if the wastes are received by the same facility or site and are from the same site, property or hazardous waste management unit in an amount greater than two thousand five hundred (2,500) gate tons up to twelve thousand five hundred (12,500) gate tons;

(f) Five dollars ($5.00) per gate ton or fraction thereof for all wastes contained in paragraph (d) of this subsection, if the wastes are received by the same facility or site and are from the same site, property or hazardous waste management unit in an amount greater than twelve thousand five hundred (12,500) gate tons up to twenty-five thousand (25,000) gate tons;

(g) Two dollars and fifty cents ($2.50) per gate ton or fraction thereof for all wastes contained in paragraph (d) of this subsection, if the wastes are received by the same facility or site and are from the same site, property or hazardous waste management unit in an amount greater than twenty-five thousand (25,000) gate tons;

(h) Five dollars ($5.00) per gate ton or fraction thereof for all hazardous wastes that: (i) are delisted or treated so that the wastes are no longer hazardous wastes; or (ii) are nonhazardous radiologically contaminated wastes including materials from the "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites administered by the government of the United States; or (iii) are PCBs in concentrations less than fifty (50) parts per million and not otherwise regulated by Idaho or federal law; or (iv) are wastes not otherwise defined in this subsection.

(2) The fees set forth in subsection (1) of this section shall not apply to any of the following types of wastes:

(a) Wastes generated or disposed of by a public agency or other person operating a household hazardous waste collection program;

(b) Wastes generated or disposed of by any agency of the state of Idaho.

Any waste for which the fees are waived under the provisions of this section must be noted as fee-waived waste on the return required in section 39-4428, Idaho Code, and is subject to all audit provisions of section 39-4429, Idaho Code.

(3) For wastes disposed of by any agency of the state of Idaho at any commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, the director, pursuant to a written agreement with the director, the owner or operator of any such facility or site, may credit on the return required in section 39-4428, Idaho Code, and in the fee remitted, an amount equal to the actual cost charged by such owner or operator per gate ton or fraction thereof for the characterization, collection, identification, transportation, treatment, storage and disposal of wastes at such facility or site.

History:

[(39-4427) (39-4427A), added 1984, ch. 205, sec. 5, p. 507; am. 1992, ch. 251, sec. 1, p. 736; am. 1993, ch. 291, sec. 8, p. 1090; am. 1994, ch. 419, sec. 2, p. 1312; am. 1995, ch. 127, sec. 1, p. 560; am. 1997, ch. 313, sec. 2, p. 927; am. & redesig. 1998, ch. 229, sec. 1, p. 779; am. and redesig. 1999, ch. 290, sec. 2, p. 718; am. 2001, ch. 297, sec. 2, p. 1073; am. 2002, ch. 176, sec. 1, p. 522; am. 2004, ch. 117, sec. 1, p. 391.]
Idaho Code § 39-2611 — Idaho Code / Title 39 / Chapter 26 / Section 39-2611
39-2611 LIABILITY OF PARENTS.
Status: in_force

39-2611. Liability of parents. The parents or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.

History:

[39-2611, added 1997, ch. 246, sec. 2, p. 715; am. 2012, ch. 257, sec. 10, p. 717.]
Idaho Code § 39-9505 — Idaho Code / Title 39 / Chapter 95 / Section 39-9505
39-9505 REPORTING FORMS.
Status: in_force

39-9505. reporting forms. The department shall create the forms required by this chapter within sixty (60) days after the effective date of this chapter. Such forms shall provide for the reporting of information required by section 39-9504(2), Idaho Code. No provision of this chapter requiring the reporting of information on forms published by the department shall be applicable until ten (10) days after the requisite forms are first created or until the effective date of this chapter, whichever is later.

History:

[39-9505, added 2018, ch. 225, sec. 1, p. 513.]
Idaho Code § 39-5205 — Idaho Code / Title 39 / Chapter 52 / Section 39-5205
39-5205 APPOINTMENT AND TERM OF OFFICE.
Status: in_force

39-5205. Appointment and term of office. Each member of the council shall be appointed for a term of three (3) years, except that of the members first appointed; two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and three (3) shall be appointed for a term of three (3) years. If a vacancy occurs, a new member shall be appointed in accordance with the provisions of the original appointment for the unexpired portion of the vacated term. Members may be replaced because of poor attendance, lack of participation in the council's work, or malfeasance in office.

History:

[39-5205, added 1982, ch. 181, sec. 1, p. 471.]
Idaho Code § 39-7705 — Idaho Code / Title 39 / Chapter 77 / Section 39-7705
39-7705 COSTS AND FEES.
Status: in_force

39-7705. Costs and fees. Notwithstanding any other provision of law to the contrary, if a party names as a defendant a health care provider who has immunity pursuant to section 39-7703, Idaho Code, in a suit alleging willful or intentional misconduct or gross negligence arising out of treatment at a free clinic which qualifies for immunity pursuant to section 39-7703, Idaho Code, and the trial judge dismisses the complaint or grants a defendant's motion for judgment on the pleadings, or directs a verdict for a defendant, or grants a defendant's motion for judgment notwithstanding the verdict, or at any point in the proceedings grants a plaintiff's motion to discontinue the action against the defendant, the defendant shall be entitled to full costs and reasonable attorney's fees expended in connection with the defendant's defense of the action. If good reason is shown, the trial judge may suspend the operation of this section.

History:

[39-7705, added 1998, ch. 295, sec. 1, p. 978.]
Idaho Code § 39-6806 — Idaho Code / Title 39 / Chapter 68 / Section 39-6806
39-6806 INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND ADMINISTRATION.
Status: in_force

39-6806. INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND administration. (1) An ICP permit is required for large projects and building renovations.

(2) An ICP permit is required for a project that changes the use of a property containing contaminants. A new barrier or additional or more substantial barrier may be required unless waived by the department.

(3) A single annual ICP permit covering a specific list of projects may be obtained from the department by public utilities and government entities eligible under this chapter at the beginning of each year's construction season.

(4) To apply for an ICP permit, all applicants need to complete a form provided by the department.

(5) The department may waive certain application requirements or information, or request additional or alternative actions or information, depending on the type and extent of the project and conditions encountered. In no instance may a waiver violate the intent of this chapter or the applicable ROD for the relevant OU.

(6) Work requiring an ICP permit may not commence until an inspection has been made or waived by the department and an ICP permit has been issued.

(7) If the ICP permit involves work within any public right-of-way, the appropriate agencies shall be notified of the work by the entity receiving the ICP permit.

(8) All work governed by this chapter is subject to inspection by the department.

(a) All ICP permits granted pursuant to this chapter remain subject to other inspections and requirements prescribed by state or local governments.

(b) The applicant will notify the department within forty-eight (48) hours of completing the work, excluding weekends and holidays, and call for inspection in accordance with the terms of the ICP permit. The inspector will note approval of the work in writing and enter same in the database tracking system or note reasons for disapproval and steps that shall be taken to complete the work. Upon completion of the work to the department's satisfaction, the final approval will be noted in the database tracking system. Such entry constitutes the record of compliance for the project. The department may waive the inspection requirement.

(9) Any ICP permit may be revoked or a stop work order may be issued, without notice by the department, for noncompliance with or violation of any of the provisions of this chapter or any requirement or limitation of the ICP permit. If an ICP permit is revoked, the department shall take such steps as are necessary to eliminate any danger from contamination, including completion of work by the department. The applicant, contractor, or owner may be required to pay all costs and expenses for abatement of any danger and completion of the project, including legal fees incurred by the department to obtain compliance. The department will endeavor to provide written notice but reserves the right to act summarily to protect public health and the environment.

(10) A record of compliance for small projects that documents compliance with the performance standards established by this chapter will be entered into the database tracking system based on an inspection requested of the department by the property owner or tenant. The record of compliance signifies the property owner or tenant was informed of and provided with applicable performance standards and guidelines and materially complied with the same.

(11) Licensing for contractors, public utilities, and government entities.

(a) Any contractor working on a project requiring an ICP permit shall be licensed by the department. There will be no charge for a contractor's license. A contractor's license will not be needed for an owner working on his own property.

(b) Any public utility or government entity, including a city, county, special purpose district, or the state of Idaho, upon a demonstration that supervisory employees have participated in training approved by the department, may receive an annual license that will allow its employees to perform excavation and grading operations without obtaining individual ICP permits. This license may be granted by the department and will require that the utility or entity comply with the standards of contaminant management and all other requirements contained in this chapter. Entities licensed under this section shall maintain a log of all excavations and grading operations on a form approved by the department. All forms shall be forwarded to the department on a schedule determined by the department. All licensees shall telephone the Shoshone county or Kootenai county one-call locating service, as appropriate, prior to any excavation or grading operation. Licenses will be renewed annually upon a showing that the utility or government entity has operated in compliance with this chapter.

(c) To obtain a license from the department, the contractor, public utility, or government entity shall participate in training approved by the department and pass an annual examination administered by the department, focusing on the reasons for and methods of controlling contaminants. Supervisors involved in activities dealing with contaminants shall participate in the training and pass information on to employees as is necessary to protect their health and safety and assure compliance with this chapter.

(d) Any contractor whose license has been revoked by the department within the past three (3) years shall, as a condition of reinstatement and maintaining the status of a licensed contractor, be bonded in the minimum amount of two thousand dollars ($2,000). Said bond shall be at least five percent (5%) of the cost of any contract the contractor is engaged in, whichever is greater; shall be in a form approved by the department; and shall be suitable to insure payment for completion of barrier work not completed by the contractor. A cash deposit or other security acceptable to the department may be utilized in lieu of a bond. The department may establish a bonding program for all contractors, if deemed necessary to carry out the provisions of this chapter.

(e) Suspension or revocation of license.

(i) Upon a showing that a contractor, public utility, or government entity licensee has violated any provision of this chapter or has violated any other health or building code within the boundaries of the site or institutional controls administrative area, suspension or revocation of license may be imposed. Suspension may be made by the department. Revocation may be made by the director upon recommendation of the department. Notification of suspension or revocation shall be in writing. No suspension may be made for more than thirty (30) days without approval of the director. Revocation of license may be made by the director upon a showing of good cause.

(ii) Any person aggrieved by suspension or revocation of license may petition for review pursuant to section 39-107(5), Idaho Code. Filing a petition for review stays the suspension or revocation, unless the board of environmental quality makes a finding that such stay is likely to present a health risk to a person or persons.

(iii) If a license is revoked, the contractor may, upon payment of any cleanup or remediation costs related to past work, reapply for reinstatement of license after one (1) year; however, a contractor whose license has been revoked may not obtain a new license under a different corporate or partnership status until the provisions of this paragraph are satisfied.

(12) Performance of work.

(a) All work done pursuant to an ICP permit shall be completed in a neat and workmanlike manner and so scheduled as to cause the minimum interference with traffic or public use, if applicable, and a minimum dispersal of contaminants.

(b) If the work is unduly delayed by the applicant, and if the public interest reasonably so demands, the department has the authority, upon twenty-four (24) hours' written notice to the applicant, to complete the work to the extent that the barrier is restored and any hazardous material is covered or removed. The actual cost of work by the department, including legal fees plus fifteen percent (15%) as an overhead charge, shall be charged to and paid by the applicant or the owner.

(13) Approval of alternative standards. Any person seeking approval of alternative standards as described in this chapter may submit a written request for approval to the department. The request shall be accompanied by an engineering report indicating why the requesting party should be relieved of the requirement for compliance or why the requested alternate standard is appropriate. At the applicant's expense, the department may consult with its own engineer to confirm the applicability of this chapter to the proposed project. The department may approve an alternate standard where such approval does not jeopardize the public welfare or existing barriers. The decision of the department will be in writing, stating the reasons for its decision. Any person aggrieved by the department's action or inaction may petition for review pursuant to section 39-107(5), Idaho Code.

(14) Owner and applicant responsibility for claims and liabilities. Both the owner and the applicant are responsible for ensuring that all requirements of this section are complied with. The applicant is responsible for all claims and liabilities arising out of work performed by the applicant under the ICP permit or arising out of the applicant's failure to perform obligations with respect to these regulations. The owner is responsible for all claims and liabilities for work done by the owner with or without an ICP permit and for work done at the direction of the owner without an ICP permit. The owner remains responsible to complete the project or to restore the premises to a safe condition to the satisfaction of the department should the applicant fail to complete or restore it.

(15) Responsibility of permit applicant. It is the responsibility of any person applying for, or required to apply for, a permit by this chapter to show affirmatively, by all reasonable means, that his undertaking complies with this chapter or with any related rules, statutes, or ordinances.

(16) Permit revocation. Any permit or permission, actual or implied, granted by the department may be revoked, for cause, by written notice sent to the permit holder or his agent. Any person, association, or corporation who continues to act under such permit or permission, actual or implied, more than ten (10) days after the sending or delivery of notice of revocation is presumed to be in violation of this chapter and subject to the penalties provided in this section.

(17) Variances. A variance may be granted only upon an affirmative showing by an applicant that a unique and undue hardship is caused by a physical characteristic of a project site under an ICP permit that is not of the applicant's making and that approval of the variance would not be contrary to the public interest or to the purposes of this chapter.

(18) Enforcement. Failure to comply with the provisions of this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act in section 39-108, Idaho Code.

History:

[39-6806, added 2023, ch. 73, sec. 1, p. 246.]
Idaho Code § 39-1392e — Idaho Code / Title 39 / Chapter 13 / Section 39-1392e
39-1392e LIMITED EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY.
Status: in_force

39-1392e. Limited exceptions to privilege and confidentiality. (a) In the event of a claim or civil action against a physician, emergency medical services personnel, a hospital, a residential care facility or a skilled nursing facility arising out of a particular physician-patient, emergency medical services personnel-patient, hospital-patient, residential care facility-patient or skilled nursing facility-patient relationship, or which concerns the sufficiency of the delivery of particular health care to a specific patient, any health care organization having information of the kind covered by section 39-1392b, Idaho Code, shall, when interrogated as hereinafter provided, advise any such claimant who is or was such a patient or who, in a representative capacity, acts on behalf of such patient or his heirs, as follows:

(1) Whether it has conducted or has in progress an inquiry, proceeding or disciplinary matter regarding the quality or propriety of the health care involved, which concerns the subject patient while he was under the care or responsibility of a member of such health care organization or while he was a patient in such hospital or facility; and, if so,

(2) Whether disposition of any kind resulted or will result therefrom; and, if so,

(3) What the disposition was, or, if not yet determined, approximately when it will be determined.

Such disclosure of information shall be limited to the health care organization's actions in connection with the physician, emergency medical services personnel, hospital or skilled nursing facility against whom such claim is asserted.

(b) Such a claimant shall likewise be entitled to inquire of such health care organization respecting the names and addresses of persons who such health care organization knows to have direct knowledge of the provision of the health care in question, such inquiry to be limited, however, to the particular patient and the particular times and occasions germane to the specific occurrences on which the claim is based; provided, names shall not be disclosed respecting persons who have gained secondary knowledge or formed opinions respecting the matter solely by participating as witnesses, officials, investigators or otherwise on, for, or in connection with such a health care organization committee, staff, governing board or the state board of medicine.

(c) Such limited, conditional discovery and disclosure of information as provided above shall be allowed only in response to inquiries directed to such a health care organization, and then only if initially propounded by a claimant of the type above described. If the matter is in litigation, inquiry may be by customary means of discovery under the Idaho rules of civil procedure, or, if pending in a United States court, then under discovery as allowed by its applicable rules; provided, pendency of the claim in the United States court or before any other tribunal shall not operate to broaden the exception to the rules of privilege, confidentiality and immunity set down in this act.

(d) Such disclosures may be voluntarily made without judicial order or formal discovery if all disciplined, accused or investigated physicians or emergency medical services personnel consent thereto, and if privileged or confidential information regarding any other patient, physician, emergency medical services personnel, or person will not be disclosed thereby. When the terms of this paragraph are complied with, such voluntary disclosures may be made without civil liability therefor as if in due response to valid judicial process or order.

(e) If any claimant makes such inquiry of any such health care organization, he shall be deemed to have consented to like inquiry and disclosure rights for the benefit of all parties against whom he asserts such claim or brings such suit or action, and all other persons who are parties to such action, and thereafter all such persons and parties may invoke the provisions of this section, seeking and securing specific information as herein provided for the benefit of such claimant, to the same extent as the same is allowed to such claimant.

(f) If any physician, emergency medical services personnel, patient, person, organization or entity whose conduct, care, chart, behavior, health or standards of ethics or professional practice is the subject of investigation, comment, testimony, dispositive order of any kind or other written or verbal utterance or publication or act of any such health care organization or any member or committee thereof in the course of research, study, disciplinary proceeding or investigation of the sort contemplated by this act, makes claim or brings suit on account of such health care organization activity, then, in the defense thereof, confidentiality and privilege shall be deemed waived by the making of such claim, and such health care organization and the members of their staffs and committees shall be allowed to use and resort to such otherwise protected information for the purpose of presenting proof of the facts surrounding such matter, and this provision shall apply whether such claim be for equitable or legal relief or for intentional or unintentional tort of any kind and whether pressed by a patient, physician, emergency medical services personnel, or any other person, but such waiver shall only be effective in connection with the disposition or litigation of such claim, and the court shall, in its discretion, enter appropriate orders protecting, and as fully as it reasonably can do so, preserving the confidentiality of such materials and information.

History:

[39-1392e, added 1973, ch. 265, sec. 6, p. 545; am. 1997, ch. 171, sec. 6, p. 488; am. 2004, ch. 134, sec. 3, p. 457; am. 2005, ch. 103, sec. 2, p. 326; am. 2018, ch. 145, sec. 2, p. 301.]
Idaho Code § 39-3330 — Idaho Code / Title 39 / Chapter 33 / Section 39-3330
39-3330 ADVISORY COUNCIL.
Status: in_force

39-3330. Advisory council. The department shall establish a state level advisory council consisting of twenty (20) members appointed by the organizations and/or agencies represented on the council. The chairman of the council shall be elected from the membership. The members of the council shall be determined by the bylaws of the council.

History:

[39-3330, added 1990, ch. 116, sec. 2, p. 252; am. 1992, ch. 66, sec. 1, p. 200; am. 1993, ch. 373, sec. 7, p. 1350; am. 2000, ch. 274, sec. 29, p. 821; am. 2005, ch. 280, sec. 21, p. 894; am. 2011, ch. 123, sec. 1, p. 346.]
Idaho Code § 39-3911 — Idaho Code / Title 39 / Chapter 39 / Section 39-3911
39-3911 APPEALS.
Status: in_force

39-3911. Appeals. The order approving, denying or otherwise disposing of the petition for sterilization shall be appealable to the supreme court of Idaho. Such appeal may be perfected in the same manner as in civil actions. In the case of appeals from any order directing sterilization, the order of the district court shall be stayed pending disposition of such appeal and no sterilization shall take place until after the expiration of the time allowed by law for perfecting appeal.

History:

[39-3911, added 2003, ch. 189, sec. 2, p. 515.]
Idaho Code § 39-1349 — Idaho Code / Title 39 / Chapter 13 / Section 39-1349
39-1349 BULLETIN BOARD — NOTICES POSTED FOR PRESENTATION OF DISTRICT WARRANTS.
Status: in_force

39-1349. Bulletin board — Notices posted for presentation of district warrants. The district treasurer shall provide himself, at the expense of the district, with a bulletin board, across the top of which shall be printed or inscribed the words "…. hospital district warrant bulletin." It shall be the duty of the treasurer to keep such bulletin board conspicuously, securely and permanently in place in his office, and thereupon to place in a manner which will insure continuous notice of not less than sixty (60) days, all notices issued by him, whether written or printed, calling for the presentation of district warrants for payment.

History:

[39-1349, added 1965, ch. 173, sec. 32, p. 340.]
Idaho Code § 39-9902 — Idaho Code / Title 39 / Chapter 99 / Section 39-9902
39-9902 DEFINITIONS.
Status: in_force

39-9902. definitions. For purposes of this chapter:

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

(2) "Down syndrome" means a chromosomal condition associated with either an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Trisomy 21 is the medical term for Down syndrome.

(3) "Down syndrome organization" means any state or local nonprofit organization primarily involved in providing advocacy, support, and education to individuals with Down syndrome and their support community.

(4) "Health care practitioner" means a physician or other health care practitioner licensed, accredited, or certified to perform specified health care services consistent with state law. "Health care practitioner" includes a genetic counselor.

(5) "Parent" means any person expecting a child who has received a test result from a prenatal screening or diagnostic test that indicates a high likelihood or the definite presence of Down syndrome, or the parent or legal guardian of a child diagnosed with Down syndrome.

History:

[(39-9902) 39-9702, added 2022, ch. 80, sec. 1, p. 227; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
Idaho Code § 39-6005 — Idaho Code / Title 39 / Chapter 60 / Section 39-6005
39-6005 MATCHING FUNDS.
Status: in_force

39-6005. Matching funds. The children's trust fund board, in its discretion, may require a certain percentage of the funding for programs approved by the board be provided by the entity sponsoring or proposing the program. Contributions such as materials, personnel, supplies, physical facilities or services may be considered as all or part of the funding provided by the petitioning entity.

History:

[39-6005, added 1985, ch. 31, sec. 2, p. 61; am. 2002, ch. 292, sec. 5, p. 843.]
Idaho Code § 39-1805 — Idaho Code / Title 39 / Chapter 18 / Section 39-1805
39-1805 EVICTION OF GUESTS.
Status: in_force

39-1805. Eviction of guests. (1) A hotelkeeper shall have the right to evict a guest who has failed to pay his hotel bill when due. Before such eviction may occur, demand for payment of the bill must be made and the guest must be requested to leave if the bill is not paid. If the guest fails to pay the bill after such demand, the hotelkeeper may evict such guest by locking the door to his room, removing said guest's baggage and other personal property, or by any other peaceful means. The hotel shall have the right to hold said baggage and other property as hereinafter provided.

(2) A hotelkeeper also shall have the right to evict a person, whether or not such person is guest of the hotel, who:

(a) Is under the influence of alcohol, drugs or any other intoxicating substances;

(b) Is disorderly so as to disturb the peace of other guests;

(c) Seeks to use the hotel for any unlawful purpose;

(d) Seeks to bring property into the hotel which may be dangerous to other persons (such as firearms, explosives or hazardous or toxic substances) or the possession of which by such person is unlawful;

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

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

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

History:

[39-1805, added 1991, ch. 296, sec. 2, p. 781; am. 1993, ch. 125, sec. 1, p. 317.]