reglab/housing_qa huggingface dataset:
ID Code § 39-4501 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4501 - PURPOSES — APPLICATION.

39-4501. PURPOSES — APPLICATION. (1) The primary purposes of this chapter are: (a) To provide and codify Idaho law concerning consent for the furnishing of hospital, medical, dental, surgical and other health care, treatment or procedures, and concerning what constitutes an informed consent for such health care, treatment or procedures; and (b) To provide certainty and clarity in the law of medical consent in the furtherance of high standards of health care and its ready availability in proper cases. (2) Nothing in this chapter shall be deemed to amend or repeal the provisions of chapter 3 or chapter 4, title 66, Idaho Code, as those provisions pertain to hospitalization or commitment of people with mental illness or developmental disability or the powers of guardians of developmentally disabled persons, nor the provisions of chapter 6, title 18, Idaho Code, pertaining to the provision of examinations, prescriptions, devices and informational materials regarding prevention of pregnancy or pertaining to therapeutic abortions and consent to the performance thereof. (3) Nothing in this chapter shall be construed to permit or require the provision of health care for a patient in contravention of the patient’s stated or implied objection thereto upon religious grounds nor shall anything in this chapter be construed to require the granting of permission for or on behalf of any patient who is not able to act for himself by his parent, spouse or guardian in violation of the religious beliefs of the patient or the patient’s parent or spouse.  History: [39-4501, added 2005, ch. 120, sec. 2, p. 380; am. 2006, ch. 214, sec. 1, p. 645; am. 2007, ch. 196, sec. 1, p. 579; am. 2012, ch. 302, sec. 1, p. 825.]
ID Code § 39-4503 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4503 - PERSONS WHO MAY CONSENT TO THEIR OWN CARE.

39-4503. PERSONS WHO MAY CONSENT TO THEIR OWN CARE. Any person, including one who is developmentally disabled and not a respondent as defined in section 66-402, Idaho Code, who comprehends the need for, the nature of and the significant risks ordinarily inherent in any contemplated hospital, medical, dental, surgical or other health care, treatment or procedure is competent to consent thereto on his or her own behalf. Any health care provider may provide such health care and services in reliance upon such a consent if the consenting person appears to the health care provider securing the consent to possess such requisite comprehension at the time of giving the consent.  History: [(39-4503) 39-4502, added 2005, ch. 120, sec. 2, p. 381; am. and redesig. 2007, ch. 196, sec. 3, p. 581; am. 2012, ch. 302, sec. 3, p. 827; am. 2017, ch. 273, sec. 1, p. 713.]
ID Code § 39-4504 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4504 - PERSONS WHO MAY GIVE CONSENT TO CARE FOR OTHERS.

39-4504. PERSONS WHO MAY GIVE CONSENT TO CARE FOR OTHERS. (1) Consent for the furnishing of hospital, medical, dental, surgical or other health care, treatment or procedures to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in the order of priority set forth hereafter; provided however, that the surrogate decision maker shall have sufficient comprehension as required to consent to his or her own health care pursuant to the provisions of section 39-4503, Idaho Code; and provided further that the surrogate decision maker shall not have authority to consent to or refuse health care contrary to such person’s advance directives, POST or wishes expressed by such person while the person was capable of consenting to his or her own health care: (a) The court appointed guardian of such person; (b) The person named in another person’s "Living Will and Durable Power of Attorney for Health Care" pursuant to section 39-4510, Idaho Code, or a similar document authorized by this chapter if the conditions in such living will for authorizing the agent to act have been satisfied; (c) If married, the spouse of such person; (d) An adult child of such person; (e) A parent of such person; (f) The person named in a delegation of parental authority executed pursuant to section 15-5-104, Idaho Code; (g) Any relative of such person who represents himself or herself to be an appropriate, responsible person to act under the circumstances; (h) Any other competent individual representing himself or herself to be responsible for the health care of such person; or (i) If the person presents a medical emergency or there is a substantial likelihood of his or her life or health being seriously endangered by withholding or delay in the rendering of such hospital, medical, dental, surgical or other health care to such person and the person has not communicated and is unable to communicate his or her treatment wishes, the attending health care provider may, in his or her discretion, authorize and/or provide such health care, as he or she deems appropriate, and all persons, agencies and institutions thereafter furnishing the same, including such health care provider, may proceed as if informed, valid consent therefor had been otherwise duly given. (2) No person who, in good faith, gives consent or authorization for the provision of hospital, medical, dental, surgical or other health care, treatment or procedures to another person as provided by this chapter shall be subject to civil liability therefor. (3) No health care provider who, in good faith, obtains consent from a person pursuant to either section 39-4503 or 39-4504(1), Idaho Code, shall be subject to civil liability therefor.  History: [(39-4504) 39-4503, added 2005, ch. 120, sec. 2, p. 381; am. and redesig. 2007, ch. 196, sec. 4, p. 581; am. 2012, ch. 302, sec. 4, p. 827.]
ID Code § 39-4505 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4505 - BLOOD TESTING.

39-4505. BLOOD TESTING. (1) A physician may consent to ordering tests of a patient’s or a deceased person’s blood or other body fluids for the presence of blood-transmitted or body fluid-transmitted viruses or diseases without the prior consent of the patient if: (a) There has been or is likely to be a significant exposure to the patient’s or a deceased person’s blood or body fluids by a person providing emergency or medical services to such patient which may result in the transmittal of a virus or disease; and (b) The patient is unconscious or incapable of giving informed consent and the physician is unable to obtain consent pursuant to section 39-4504, Idaho Code. (2) The department of health and welfare shall promulgate rules identifying the blood-transmitted or body fluid-transmitted viruses or diseases for which blood tests or body fluid tests can be ordered under this section and defining the term "significant exposure" as provided in this section. (3) Results of tests conducted under this section which confirm the presence of a blood-transmitted or body fluid-transmitted virus or disease shall be reported to the director of the department of health and welfare in the name of the patient or deceased person. The department records containing such test results shall be used only by public health officials who must conduct investigations. The exposed person shall only be informed of the results of the test and shall not be informed of the name of the patient or deceased person. Protocols shall be established by hospitals to maintain confidentiality while disseminating the necessary test result information to persons who may have a significant exposure to blood or other body fluids and to maintain records of such tests to preserve the confidentiality of the test results. (4) Any person who willfully or maliciously discloses the results of a test conducted under this section, except pursuant to a written authorization by the person whose blood was tested or by such person’s authorized representative, or as otherwise authorized by law, shall be guilty of a misdemeanor.  History: [(39-4505) 39-4504, added 2005, ch. 120, sec. 2, p. 382; am. and redesig. 2007, ch. 196, sec. 5, p. 582.]
ID Code § 39-4506 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4506 - SUFFICIENCY OF CONSENT.

39-4506. SUFFICIENCY OF CONSENT. Consent, or refusal to consent, for the furnishing of health care, treatment or procedures shall be valid in all respects if the person giving or refusing the consent is sufficiently aware of pertinent facts respecting the need for, the nature of, and the significant risks ordinarily attendant upon such a person receiving such care, as to permit the giving or withholding of such consent to be a reasonably informed decision. Any such consent shall be deemed valid and so informed if the health care provider to whom it is given or by whom it is secured has made such disclosures and given such advice respecting pertinent facts and considerations as would ordinarily be made and given under the same or similar circumstances, by a like health care provider of good standing practicing in the same community. As used in this section, the term "in the same community" refers to that geographic area ordinarily served by the licensed general hospital at or nearest to which such consent is given.  History: [(39-4506) 39-4505, added 2005, ch. 120, sec. 2, p. 382; am. and redesig. 2007, ch. 196, sec. 6, p. 583; am. 2012, ch. 302, sec. 5, p. 828.]
ID Code § 39-4507 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4507 - FORM OF CONSENT.

39-4507. FORM OF CONSENT. It is not essential to the validity of any consent for the furnishing of hospital, medical, dental or surgical care, treatment or procedures that the consent be in writing or any other specific form of expression; provided however, when the giving of such consent is recited or documented in writing and expressly authorizes the care, treatment or procedures to be furnished, and when such writing or form has been executed or initialed by a person competent to give such consent for himself or another, such written consent, in the absence of convincing proof that it was secured maliciously or by fraud, is presumed to be valid for the furnishing of such care, treatment or procedures, and the advice and disclosures of the attending physician or dentist, as well as the level of informed awareness of the giver of such consent, shall be presumed to be sufficient.  History: [(39-4507) 39-4506, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 7, p. 583.]
ID Code § 39-4508 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4508 - RESPONSIBILITY FOR CONSENT AND DOCUMENTATION.

39-4508. RESPONSIBILITY FOR CONSENT AND DOCUMENTATION. Obtaining sufficient consent for health care is the duty of the attending health care provider upon whose order or at whose direction the contemplated health care, treatment or procedure is rendered; provided however, a licensed hospital and any employee of a health care provider, acting with the approval of such an attending or other individual health care provider, may perform the ministerial act of documenting such consent by securing the completion and execution of a form or statement in which the giving of consent for such care is documented by or on behalf of the person. In performing such a ministerial act, the hospital or health care provider employee shall not be deemed to have engaged in the practice of medicine or dentistry.  History: [(39-4508) 39-4507, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 8, p. 583; am. 2012, ch. 302, sec. 6, p. 828.]
ID Code § 39-4509 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4509 - STATEMENT OF POLICY — DEFINITION.

39-4509. STATEMENT OF POLICY — DEFINITION. For purposes of sections 39-4509 through 39-4515, Idaho Code: (1) The legislature recognizes the established common law and the fundamental right of competent persons to control the decisions relating to the rendering of their medical care, including the decision to have life-sustaining procedures withheld or withdrawn. The legislature further finds that modern medical technology has made possible the artificial prolongation of human life beyond natural limits. The legislature further finds that persons are sometimes unable to express their desire to withhold or withdraw such artificial life prolongation procedures which provide nothing medically necessary or beneficial to the person because of the person’s inability to communicate with the health care provider. (2) In recognition of the dignity and privacy which persons have a right to expect, the legislature hereby declares that the laws of this state shall recognize the right of a competent person to have his or her wishes for medical treatment and for the withdrawal of artificial life-sustaining procedures carried out even though that person is no longer able to communicate with the health care provider. (3) It is the intent of the legislature to establish an effective means for such communication. It is not the intent of the legislature that the procedures described in sections 39-4509 through 39-4515, Idaho Code, are the only effective means of such communication, and nothing in sections 39-4509 through 39-4515, Idaho Code, shall impair or supersede any legal right or legal responsibility which a person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner, provided that this sentence shall not be construed to authorize any violation of section 39-4514(3), Idaho Code. Any authentic expression of a person’s wishes with respect to health care should be honored. (4) "Competent person" means any person who meets the requirements of section 39-4503, Idaho Code.  History: [(39-4509) 39-4508, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 9, p. 584; am. 2012, ch. 302, sec. 7, p. 829; am. 2012, ch. 305, sec. 1, p. 844.]
ID Code § 39-4511A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4511A - REVOCATION OF ADVANCE DIRECTIVE.

39-4511A. REVOCATION OF ADVANCE DIRECTIVE. (1) A living will and durable power of attorney for health care or physician orders for scope of treatment (POST) form or other advance directive may be revoked at any time by the maker thereof by any of the following methods: (a) By being intentionally canceled, defaced, obliterated or burned, torn, or otherwise destroyed by the maker thereof, or by some person in his presence and by his direction; (b) By a written, signed revocation of the maker thereof expressing his intent to revoke;  (c) By an oral expression by the maker thereof expressing his intent to revoke; or (d) By any other action that clearly manifests the maker’s intent to revoke the advance directive. (2) The maker of the revoked advance directive is responsible for notifying his health care provider of the revocation. A health care provider who does not have actual knowledge of the revocation is entitled to rely on an otherwise apparently valid advance directive as though it had not been revoked. (3) There shall be no criminal or civil liability on the part of any person for the failure to act upon a revocation of a living will and durable power of attorney for health care, physician orders for scope of treatment (POST) form or other advance directive made pursuant to this chapter unless that person has actual knowledge of the revocation.  History: [(39-4511A) 39-4511, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 4, p. 208; am. 2007, ch. 196, sec. 12, p. 590; am. and redesig. 2012, ch. 302, sec. 9, p. 834; am. 2017, ch. 273, sec. 2, p. 714.]
ID Code § 39-4511B (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4511B - SUSPENSION OF ADVANCE DIRECTIVE.

39-4511B. SUSPENSION OF ADVANCE DIRECTIVE. (1) A living will and durable power of attorney for health care, physician orders for scope of treatment (POST) form or other advance directive may be suspended at any time by the maker thereof by any of the following methods: (a) By a written, signed suspension by the maker thereof expressing his intent to suspend;  (b) By an oral expression by the maker thereof expressing his intent to suspend; or (c) By any other action that clearly manifests the maker’s intent to suspend the advance directive. (2) A health care provider who does not have actual knowledge of the suspension is entitled to rely on an otherwise apparently valid advance directive as though it had not been suspended. (3) Upon meeting the termination terms of the suspension, as defined by the written or oral expression by the maker, the conditions set forth in the living will and durable power of attorney, physician orders for scope of treatment (POST) or other advance directive will resume.  History: [39-4511B, added 2012, ch. 302, sec. 10, p. 834; am. 2017, ch. 273, sec. 3, p. 714.]
ID Code § 39-4512 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4512 - EXECUTION OF LIVING WILL AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

39-4512. EXECUTION OF LIVING WILL AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE. A "Living Will and Durable Power of Attorney for Health Care" shall be effective from the date of execution unless otherwise revoked. Nothing in this chapter shall be construed to prevent a competent person from reexecuting a "Living Will and Durable Power of Attorney for Health Care" at any time.  History: [39-4512, added 2005, ch. 120, sec. 2, p. 389.]
ID Code § 39-4512A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4512A - PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST).

39-4512A. PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST). (1) A physician orders for scope of treatment (POST) form is a health care provider order signed by a physician or by a PA or by an APPN. The POST form must also be signed by the person, or it must be signed by the person’s surrogate decision maker provided that the POST form is not contrary to the person’s last known expressed wishes or directions. (2) The POST form shall be effective from the date of execution unless suspended or revoked.  (3) The attending physician, APPN or PA shall, upon request of the person or the person’s surrogate decision maker, provide the person or the person’s surrogate decision maker with a copy of the POST form, discuss with the person or the person’s surrogate decision maker the form’s content and ramifications and treatment options, and assist the person or the person’s surrogate decision maker in the completion of the form. (4) The attending physician, APPN or PA shall review the POST form: (a) Each time the physician, APPN or PA examines the person, or at least every seven (7) days, for persons who are hospitalized; and (b) Each time the person is transferred from one (1) care setting or care level to another; and (c) Any time there is a substantial change in the person’s health status; and (d) Any time the person’s treatment preferences change. Failure to meet these review requirements does not affect the POST form’s validity or enforceability. As conditions warrant, the physician, APPN or PA may issue a superseding POST form. The physician, APPN or PA shall, whenever practical, consult with the person or the person’s surrogate decision maker. (5) A person who has completed a POST form pursuant to the provisions of this section or for whom a POST form has been completed at the request of his or her surrogate decision maker may wear a POST identification device as provided in section 39-4502(15), Idaho Code. (6) The department of health and welfare shall develop the POST form.  History: [39-4512A, added 2007, ch. 196, sec. 13, p. 590; am. 2012, ch. 302, sec. 11, p. 835.]
ID Code § 39-4512B (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4512B - ADHERENCE TO PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST) PROTOCOL.

39-4512B. ADHERENCE TO PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST) PROTOCOL. (1) Health care providers and emergency medical services personnel shall comply with a person’s physician orders for scope of treatment (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(5), 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 and emergency medical services personnel 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 physicians or other health care providers 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 health care provider 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.]
ID Code § 39-4512C (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT|Section 39-4512C - DUTY TO INSPECT.

39-4512C. DUTY TO INSPECT. Health care providers and emergency medical services personnel shall make reasonable efforts to inquire as to whether the patient has completed a physician orders for scope of treatment (POST) form and inspect the patient for a POST identification device when presented with a situation calling for artificial life-sustaining treatment not caused by severe trauma or involving mass casualties and with no indication of homicide or suicide.  History: [39-4512C, added 2007, ch. 196, sec. 15, p. 591.]