reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1455 - POWERS NOT RESTRICTED — LAW COMPLETE IN ITSELF.

39-1455. POWERS NOT RESTRICTED — LAW COMPLETE IN ITSELF. Neither this act nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, referendum, notice or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
History:
[39-1455, added 1972, ch. 134, sec. 15, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1456 - FACILITIES GOVERNED BY LAWS OF LOCALITY.

39-1456. FACILITIES GOVERNED BY LAWS OF LOCALITY. All facilities shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.
History:
[39-1456, added 1972, ch. 134, sec. 16, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1457 - INVESTMENT OF FUNDS.

39-1457. INVESTMENT OF FUNDS. The authority may invest the proceeds from the sale of a series of obligations or any funds related to the series in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of the state, as may be provided in the proceedings under which the series of obligations are authorized to be issued. The authority may invest any other funds in obligations of the federal government, the state or of any municipality thereof or obligations of agencies of the federal government; in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank in Idaho; provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the federal deposit insurance corporation, if then in existence, and may exceed the maximum of such insurance; or in short term discount obligations of the federal national mortgage association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase. The authority may invest any other funds with such maturities as the authority shall determine provided that such maturities are on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any such funds will be required for expenditure or be redeemable is final and conclusive.
History:
[39-1457, added 1972, ch. 134, sec. 17, p. 286; am. 1973, ch. 178, sec. 14, p. 393; am. 1976, ch. 183, sec. 9, p. 668; am. 1985, ch. 72, sec. 4, p. 148.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1457A - TRUST FUNDS.

39-1457A. TRUST FUNDS. All moneys received pursuant to the authority of this act whether as proceeds from the sale of bonds, notes or other obligations or as revenues or receipts shall be deemed to be trust funds to be held and applied solely as provided in this act. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this act, subject to such regulations as this act and the resolution authorizing the bonds, notes or other obligations of any issue or the trust agreement securing such obligations shall provide.
History:
[39-1457A, added 1976, ch. 183, sec. 10, p. 668.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1457B - AGREEMENT OF THE STATE.

39-1457B. AGREEMENT OF THE STATE. The state does hereby pledge to and agree with the holders of any bonds, notes and other obligations issued under this act, and with those parties who may enter into contracts with the authority pursuant to the provisions of this act, that the state will not limit, alter, restrict or impair the rights hereby vested in the authority to acquire, construct, reconstruct, maintain and operate any facility as defined in this act or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds, notes or other obligations authorized and issued by this act, and with the parties who may enter into contracts with the authority pursuant to this act, or in any way impair the rights or remedies of the holders of such bonds, notes or other obligations of such parties until the bonds, notes and such other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this act precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes or other obligations of the authority or those entering into such contracts with the authority. The authority is authorized to include this pledge and undertaking for the state in such bonds, notes or other obligations and in such contracts.
History:
[(39-1457B) 39-1459B, as added by 1976, ch. 183, sec. 11, p. 669; am. and redesig. 2005, ch. 25, sec. 59, p. 104.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1458 - BONDS ELIGIBLE FOR INVESTMENT.

39-1458. BONDS ELIGIBLE FOR INVESTMENT. The state and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this act.
History:
[39-1458, added 1972, ch. 134, sec. 18, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1459 - EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS.

39-1459. EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS. The facilities are not subject to any requirements relating to public buildings, structures, grounds, works or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the authority is not applicable to any action taken under authority of this act.
History:
[39-1459, added 1972, ch. 134, sec. 19, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1460 - POWERS IN ADDITION TO THOSE GRANTED BY OTHER LAWS — SEVERABILITY.

39-1460. POWERS IN ADDITION TO THOSE GRANTED BY OTHER LAWS — SEVERABILITY. The powers conferred by this act shall be in addition and supplementary to, and the limitations by this act shall not affect the powers conferred by any other law except as herein provided. Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this act for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extensions of like facilities, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other law. If any one or more sections or provisions of this act, or the application thereof to any person or circumstance, shall ever be held by any court of competent jurisdiction to be invalid, the remaining provisions of this act and the application thereof to persons or circumstances other than those to which it is held to be invalid, shall not be affected thereby, it being the intention of this general assembly to enact the remaining provisions of this act notwithstanding such invalidity.
History:
[39-1460, added 1972, ch. 134, sec. 20, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 16 - FOOD ESTABLISHMENT ACT › Section 39-1601 - STATEMENT OF PURPOSE.

39-1601. STATEMENT OF PURPOSE. The legislative intent of this chapter is to protect the public health by establishing standards and provisions for the regulation of food establishments; by delegating authority to the board of health and welfare to adopt rules covering the health and sanitation aspects of food establishments, to collect a fee to cover a portion of the cost of the food safety inspection program and by delegating the authority to the director of the department of health and welfare to enforce the provisions of this chapter. This chapter is enacted to ensure that consumers are not exposed to adverse health conditions arising out of the operation of food establishments.
History:
[39-1601, added 1991, ch. 142, sec. 2, p. 334; am. 1997, ch. 194, sec. 1, p. 548; repealed/new section added 1997, ch. 194, secs. 9 & 10, p. 551 (2007, ch. 96, repealed ch. 194, secs. 9 & 10)]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 16 - FOOD ESTABLISHMENT ACT › Section 39-1603 - POWERS AND DUTIES OF BOARD.

39-1603. POWERS AND DUTIES OF BOARD. The board of health and welfare shall promulgate rules governing:
(1) The establishment and control of sanitation standards for food establishments;
(2) The issuance, suspension and revocation of licenses;
(3) The review of plans and specifications prior to construction or alteration of food establishments;
(4) The procedure and scope of inspections to determine compliance with the standards and rules adopted under this chapter;
(5) The criteria for the examination, embargo and destruction of food in compliance with section 37-118, Idaho Code; and
(6) The establishment of a grading system for food establishments to be used at local option.
History:
[39-1603, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 3, p. 549.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 16 - FOOD ESTABLISHMENT ACT › Section 39-1604 - LICENSE REQUIREMENTS FOR FOOD ESTABLISHMENTS.

39-1604. LICENSE REQUIREMENTS FOR FOOD ESTABLISHMENTS. No person, firm or corporation shall operate a food establishment, for which no other state or federal food safety inspection or license is required, without a license approved by the director of the department of health and welfare or his designee. Food establishment licenses shall not be transferable and the type of license and any restrictions will be specified on the license.
Terms and conditions of licensure are to be established by rules in accordance with the intent of this chapter. Any applicant or license holder aggrieved by an action of the regulatory authority which results in denial, suspension, or revocation of a license has the right to a hearing conducted pursuant to chapter 52, title 67, Idaho Code, and appeal shall be provided therein.
History:
[39-1604, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 4, p. 549.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 16 - FOOD ESTABLISHMENT ACT › Section 39-1605 - INSPECTIONS.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 16 - FOOD ESTABLISHMENT ACT › Section 39-1606 - CRIMINAL AND CIVIL PROCEEDINGS.

39-1606. CRIMINAL AND CIVIL PROCEEDINGS. The regulatory authority may seek to enforce the provisions of this chapter and any rule or standard adopted by the board pursuant to this chapter through a court of competent jurisdiction.
(1) Misdemeanor proceedings may be brought in accordance with sections 56-1008, 56-1010, 37-117 and 37-119, Idaho Code.
(2) Civil proceedings may be brought in accordance with sections 56-1009 and 56-1010, Idaho Code.
(3) Injunctive relief may be sought in accordance with sections 56-1009, 56-1010 and 37-116, Idaho Code.
History:
[39-1606, added 1991, ch. 142, sec. 2, p. 336; am. 1997, ch. 194, sec. 6, p. 550; am. 2003, ch. 161, sec. 1, p. 455.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1801 - DEFINITIONS.

39-1801. DEFINITIONS. As used in this chapter:
(1) "Guest" means any person who is registered in a hotel, or who is in the hotel and intends to register, and each person in such hotel who is present in the hotel with the registrant at the registrant’s invitation.
(2) "Hotel" means every building or structure kept, used, maintained or advertised as an inn, hotel or public lodging house, or place where sleeping accommodations are furnished for hire to transient guests, whether with or without meals, in which more than ten (10) rooms are used for the accommodation of such guests.
(3) "Hotel day" means a period which commences at three o’clock in the afternoon of each day and which concludes at three o’clock the following afternoon or at the posted checkout time of the following day in the event the guest is checking out, whichever occurs first. Rates per day for furnished rooms shall mean for such period, or any part thereof, following the time of acceptance of a room by the guest.
(4) "Hotelkeeper" means the owner, operator, management company, proprietor, keeper, manager or lessee of a hotel.
History:
[39-1801, added 1991, ch. 296, sec. 2, p. 780.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1802 - POSTING OF INFORMATION.

39-1802. POSTING OF INFORMATION. (1) In each hotel there shall be posted in a plainly legible fashion, in a conspicuous place in each sleeping room, the following information:
(a) The maximum rates at which such room is rented;
(b) A copy of section 18-2405, Idaho Code; and
(c) A copy of section 39-1804, Idaho Code.
(2) In each hotel there shall be posted a copy of this chapter in a plainly legible fashion, in at least two (2) conspicuous places.
History:
[39-1802, added 1991, ch. 296, sec. 2, p. 780.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1803 - REGISTER.

39-1803. REGISTER. Every hotel shall keep a record of the arrival and departure of its guests in such a manner that the record will be permanent for at least one (1) year from the date of departure.
History:
[39-1803, added 1991, ch. 296, sec. 2, p. 780.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1804 - LIABILITY FOR PROPERTY OF GUESTS.

39-1804. LIABILITY FOR PROPERTY OF GUESTS. (1) The hotelkeeper is under no obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and, if such are accepted for safekeeping, he shall not be liable for the loss thereof unless such loss is the proximate result of fault or negligence of the hotelkeeper. The liability, if any, of the hotelkeeper to a guest shall be limited to one thousand dollars ($1,000) for such loss, or such higher amount as the hotelkeeper may agree in writing to assume, if the hotel has given a receipt for the property to the guest, stating the value of the property accepted for safekeeping, on a form which states, in type large enough to be clearly noticeable, that the hotel is not liable for any loss exceeding one thousand dollars ($1,000), or such higher amount as the hotelkeeper may agree in writing to assume, and is only liable for that amount if the loss is the proximate result of fault or negligence of the hotelkeeper.
(2) The hotelkeeper shall not be liable or responsible to any guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1) of this section, unless such loss occurred as the proximate result of fault or negligence of such hotelkeeper. In case of such fault or negligence, the hotelkeeper shall not be liable for a sum greater than five hundred dollars ($500) unless prior to the loss or damage the guest files with the hotelkeeper an inventory of his effects and the value thereof and the hotelkeeper is given the opportunity to inspect such effects and check them against such inventory. The hotelkeeper shall not be liable or responsible to any guest for the loss of effects listed in such inventory in a total amount exceeding one thousand dollars ($1,000) or such higher amount as the hotelkeeper may agree in writing to assume.
History:
[39-1804, added 1991, ch. 296, sec. 2, p. 780.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1805 - EVICTION OF GUESTS.

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 [a] 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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1806 - HOTELKEEPER’S LIEN.

39-1806. HOTELKEEPER’S LIEN. A hotelkeeper has a lien upon and may retain all baggage and other personal property in possession of a guest for the proper charges due to the hotel from the guest for his food, board, room rent, lodging and accommodations and for any other charges incurred by the guest and for all money and credit paid for or furnished to him and for the costs of enforcing such lien including court costs and reasonable attorney’s fees. The hotelkeeper shall have the right to retain and hold possession of such baggage and other personal property until the amount of such charges and money be fully paid, and to sell such baggage and other personal property for payment of such lien, charges and costs, including court costs and reasonable attorney’s fees in the manner provided in section 39-1807, Idaho Code. Such baggage and other personal property shall not be subject to attachment or execution until such lien and storage charge and costs of satisfying such lien are fully satisfied.
History:
[39-1806, added 1991, ch. 296, sec. 2, p. 781.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1807 - DISPOSITION OF PROPERTY TO SATISFY LIEN.

39-1807. DISPOSITION OF PROPERTY TO SATISFY LIEN. The hotelkeeper shall retain such baggage and other property upon which he has a lien as provided in section 39-1806, Idaho Code, for a period of thirty (30) days. At the expiration of such time if such lien is not fully satisfied he may proceed to sell such baggage and other personal property or a part thereof at public auction after posting notice of the sale as provided by law upon execution, and by mailing a notice fifteen (15) days prior to the sale by registered mail of the time and place of such sale to such guest at the address given by the guest on the hotel register. The proceeds of the sale shall be applied first to cost of the sale and attorney’s fees and then to the discharge of the lien. The remainder, if any, must be paid to the guest. Provided, however, if the hotelkeeper knew that the property brought upon his premises was not, when brought, legally in possession of such guest, or had written notice that such property was not then the property of such guest, at the time when such charges or indebtedness were incurred, such property shall not be subject to the lien or sale as hereinbefore provided.
History:
[39-1807, added 1991, ch. 296, sec. 2, p. 781.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1808 - DISPOSITION OF UNCLAIMED PROPERTY.

39-1808. DISPOSITION OF UNCLAIMED PROPERTY. When any baggage or other personal property is received by a hotel and left unclaimed, or left unclaimed by a guest in a hotel, the hotelkeeper may hold and store the same, until all just and reasonable storage and other charges are paid, and if no guest calls for his baggage or other personal property left in a hotel for a period of sixty (60) days or more, the hotelkeeper may sell such property at public auction to the highest bidder, having given fifteen (15) days prior notice, by registered mail, of the time and place of such sale to such guest at the address given by the guest on the hotel register, and by posting notice of such sale as provided by law upon execution. If any surplus be left after paying storage, freight, cost of advertising, and other reasonable charges, the same must be paid to the owner of such property, when known, at any time thereafter, upon demand being made therefor within thirty (30) days after the sale.
History:
[39-1808, added 1991, ch. 296, sec. 2, p. 782.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1809 - HOTELKEEPER’S RESPONSIBILITY TO PROVIDE ACCOMMODATIONS.

39-1809. HOTELKEEPER’S RESPONSIBILITY TO PROVIDE ACCOMMODATIONS. A hotelkeeper shall not be required to provide accommodations, facilities or privileges of a hotel to any person who:
(1) Is unwilling or unable to pay for the accommodations and services of the hotel. A hotelkeeper may require a prospective guest to demonstrate the ability to pay for the accommodations and services, including a damage deposit in a reasonable amount, by cash or acceptable credit card;
(2) The hotelkeeper reasonably believes to be under the influence of alcohol, drugs or any other intoxicating substances or who is disorderly so as to disturb the peace of other guests;
(3) The hotelkeeper reasonably believes seeks to use the hotel for any unlawful purpose;
(4) The hotelkeeper reasonably believes 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;
(5) Destroys, damages or defaces property of the hotel or its guests or threatens to do so;
(6) Is under eighteen (18) years of age and unaccompanied by his parent or guardian. A hotelkeeper may condition the provision of accommodations, facilities or privileges of a hotel to persons under the age of eighteen (18) years by requiring the parent or guardian to:
(a) Agree in writing to accept liability for the costs of the accommodations, including the cost of the room, taxes, other charges and any damages to the hotel caused by such person or his invitees; and
(b) To provide an acceptable credit card or cash deposit sufficient to cover such costs;
(7) Would cause or permit any hotel room to exceed its maximum allowable occupancy as established by the hotelkeeper; or
(8) Refuses to abide by reasonable standards or policies established by the hotelkeeper for operation and management of the hotel.
History:
[39-1809, added 1993, ch. 125, sec. 2, p. 317.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 18 - HOTELS AND FOOD VENDING ESTABLISHMENTS — REGULATIONS AND INSPECTION › Section 39-1810 - CONSUMPTION OR POSSESSION OF ALCOHOL AT HOTELS.

39-1810. CONSUMPTION OR POSSESSION OF ALCOHOL AT HOTELS. (1) A license or permit properly issued to a person to serve beer, wine or liquor by the drink, which license or permit is used at or in a hotel, may not be suspended, revoked or not be renewed, nor may conditions be placed upon it, by reason of the fact that individuals at or in the hotel, whether or not they are guests, possess or consume beer, wine or liquor without being of a legal age to do so or at a time when such consumption is not legal if:
(a) (i) The alcohol was not sold, provided or delivered to the persons who are not of legal age by the licensee or its agents or employees; or
(ii) The alcohol was not sold, provided or delivered by the licensee or its agents or employees at a time when it was legally prohibited from doing so;
(b) The licensee, the hotelkeeper and their agents and employees took reasonable precautions to prevent:
(i) Persons who are not of legal age from possessing or consuming alcohol at or in the hotel; or
(ii) Possession or consumption of alcohol at or in the hotel at a time when such possession or consumption is not legal; and
(c) The possession or consumption is not on that portion of the premises which the hotelkeeper has identified as the bar or restaurant or in a meeting room, ballroom or the like in which beer, wine or liquor then is being sold by the licensee.
(2) A license or permit properly issued to a person to serve beer, wine or liquor by the drink, which license or permit is used at or in a hotel, may not be suspended, revoked or not be renewed, nor may conditions be placed upon it, by reason of the fact that hotel guests possess or consume beer, wine or liquor in their sleeping rooms and serve it there to their invitees who are not of legal age or at a time during which it would not be legal for the licensee to sell or permit the possession or consumption of alcohol on the premises.
History:
[39-1810, added 1993, ch. 125, sec. 3, p. 318.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 21 - MARKING OF EXPLOSIVES › Section 39-2101 - EXPLOSIVES TO BE MARKED.

39-2101. EXPLOSIVES TO BE MARKED. It shall be unlawful for any person or persons, partnership or corporation, to sell or offer for sale, or take or solicit orders of sale, or purchase, or use, or have on hand or in store for the purpose of sale or use, in any state, any high explosive, unless on each and every box or package and wrapper containing any high explosive, there shall be plainly stamped or printed the name and place of business of the person or partnership or corporation by whom or which the same was manufactured, and the exact and true date of its manufacture, and the percentage of nitroglycerin or other high explosive contained therein.
History:
[(39-2101) 1907, p. 314, sec. 1; reen. R.C. & C.L., sec. 1555; C.S., sec. 2593; I.C.A., sec. 38-1501; am. 1963, ch. 18, sec. 13, p. 154.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 21 - MARKING OF EXPLOSIVES › Section 39-2102 - REGULATIONS CONCERNING MARKINGS.

39-2102. REGULATIONS CONCERNING MARKINGS. It shall be unlawful for any person or persons, partnership or corporation, to have two (2) or more different dates on any such box or package containing high explosive; it shall further be unlawful for any person or persons, partnership or corporation, to use any box, package or wrapper formerly used by any other person or persons, partnership or corporation, in the packing of such high explosive; and the name and date on such box or package shall be the same as on the wrapper containing such explosive.
History:
[(39-2102) 1907, p. 314, sec. 2; reen. R.C. & C.L., sec. 1556; C.S., sec. 2594; I.C.A., sec. 38-1502; am. 1963, ch. 18, sec. 14, p. 154.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 21 - MARKING OF EXPLOSIVES › Section 39-2102A - LABELING OF PAINT AND CLEANSING LIQUIDS CONTAINING TOXIC ADDITIVES.

39-2102A. LABELING OF PAINT AND CLEANSING LIQUIDS CONTAINING TOXIC ADDITIVES. All persons, partnerships, or corporations who sell or offer to sell in the state of Idaho any type of paint, solvent, or cleansing liquids containing toxic additives shall cause a label to be placed on each and every box, package, or container showing thereon the name and type of such ingredients and/or toxic additives and the amount of each.
History:
[(39-2102A) 39-2102(A), as added by 1963, ch. 40, sec. 1, p. 188; am. and redesig. 2007, ch. 90, sec. 19, p. 256.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 21 - MARKING OF EXPLOSIVES › Section 39-2103 - PENALTIES FOR VIOLATION.

39-2103. PENALTIES FOR VIOLATION. If any person or persons, partnership or corporation, shall violate any of the provisions of this chapter, such person or persons, the members of such partnership, or the officers or agents of such corporation, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, in the discretion of the court.
History:
[(39-2103) 1907, p. 314, sec. 3; reen. R.C. & C.L., sec. 1557; C.S., sec. 2595; I.C.A., sec. 38-1503.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2401 - PURPOSE AND AUTHORITY.

39-2401. PURPOSE AND AUTHORITY. (1) The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the care and treatment of individuals by agencies as provided by this chapter.
(2) For the purposes of this chapter, the board of health and welfare, in consultation with provider representatives, shall have the authority to define the services necessary to the operation of an agency, and to adopt rules, regulations and standards for the licensing of an agency.
History:
[39-2401, added 1992, ch. 56, sec. 2, p. 163.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2402 - DEFINITIONS.

39-2402. DEFINITIONS. As used in this chapter:
(1) "Board" means the board of health and welfare.
(2) "Business entity" means a public or private organization owned or operated by one or more persons.
(3) "Department" means the department of health and welfare.
(4) "Health care services" mean any of the following services that are provided at the residence of an individual:
(a) Skilled nursing services;
(b) Homemaker/home health aide services;
(c) Physical therapy services;
(d) Occupational therapy services;
(e) Speech therapy services;
(f) Nutritional services;
(g) Respiratory therapy services;
(h) Medical/social services; and
(i) Such other related services as may be authorized by regulation of the board of health and welfare.
(5) "Home health agency" means any business entity that primarily provides skilled nursing services by licensed nurses and at least one (1) other health care service to an individual in that individual’s place of residence.
(6) "Individual" means a natural person who is a recipient of provided health care services.
(7) "Skilled nursing services" mean those services provided by a state licensed nurse for the purpose of promoting, maintaining, or restoring the health of an individual or to minimize the effects of injury, illness, or disability.
History:
[39-2402, added 1992, ch. 56, sec. 2, p. 164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2403 - LICENSURE REQUIRED.

39-2403. LICENSURE REQUIRED. After January 1, 1993, no private or public agency or organization may advertise, operate, manage, conduct, open, maintain, or hold itself out to the public to be a home health agency unless licensed by the department of health and welfare. The department may grant licenses without conducting a licensure survey to medicare certified agencies or agencies currently accredited by an accrediting body recognized by the health care financing administration pursuant to rules and regulations developed by the board prescribing the conditions under which these actions are made.
History:
[39-2403, added 1992, ch. 56, sec. 2, p. 164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2404 - APPLICATION — ISSUANCE — RENEWAL — DENIAL.

39-2404. APPLICATION — ISSUANCE — RENEWAL — DENIAL. (1) An application for a license shall be made to the department upon forms provided by it and shall contain such information as it reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully adopted by the board of health and welfare.
(2) Upon receipt of an application for license, the department shall issue a license if the applicant meets the requirements established under this chapter. A license, unless suspended or revoked, shall be renewable each and every year upon filing by the licensee, and approval by the department, of an annual report upon such uniform dates and containing such information in such form as the board prescribes by regulation. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises.
(3) The department may deny any application or revoke any license when persuaded by evidence that such conditions exist as to endanger the health or safety of any patient, or which will violate the patients’ bill of rights, or the home health agency does not meet requirements for licensure to the extent that it hinders its ability to provide quality services that comply with rules and regulations for home health agencies, or the home health agency has a history of repeat deficiencies. Before denial or revocation is final, the department shall provide opportunity for a hearing at which time the owner or sponsor of an agency may appear and show cause why the license should not be denied or revoked. The board shall provide by rule and regulation a procedure whereby a waiver of a specific rule, regulation or standard may be granted in the event that good cause is shown for such a waiver and providing that said waiver does not endanger the health, safety or rights of any patient. The decision to grant a waiver shall not be considered as precedent or be given any force or effect in any other proceeding. Said waiver may be renewed annually if sufficient written justification is presented to the department. Hearings for licensure, including denial and revocation, shall be conducted by the department pursuant to chapter 52, title 67, Idaho Code, and appeal shall be as provided therein.
History:
[39-2404, added 1992, ch. 56, sec. 2, p. 164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2405 - RULES, REGULATIONS, AND ENFORCEMENT.

39-2405. RULES, REGULATIONS, AND ENFORCEMENT. The board of health and welfare, with the advice of the advisory board of home health providers, shall have the authority to adopt, amend, and enforce such rules, regulations and standards with respect to all home health agencies to be licensed under the provision of this chapter as are designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate treatment of individuals by home health agencies in the interest of public health, safety and welfare.
Provided that nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home, facility or agency, conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination.
History:
[39-2405, added 1992, ch. 56, sec. 2, p. 165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2406 - INSPECTIONS AND CONSULTATIONS.

39-2406. INSPECTIONS AND CONSULTATIONS. The licensing agency shall make or cause to be made such inspections and investigations of home health agencies as it deems necessary, and may provide for consultations and conferences between agencies and the licensing agency.
History:
[39-2406, added 1992, ch. 56, sec. 2, p. 165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2407 - INFORMATION CONFIDENTIAL.

39-2407. INFORMATION CONFIDENTIAL. Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such a manner as to identify individual patients of agencies, except in a proceeding involving the question of licensure. Public disclosure of information obtained by the department for the purposes of this chapter shall be governed by rules and regulations adopted by the board. Nothing in this chapter, however, shall be construed, nor shall any rule or regulation be promulgated under this section, as to impair, restrict or alter the confidentiality and privilege afforded the physician and patient communications, including without limitation, documentation thereof in records of agencies, or communications to and with nurses or other assisting persons or entities, nor shall this chapter be construed to amend by implication such physician-patient communication privilege as provided elsewhere in this code, including without limitation, section 9-203(4), Idaho Code, which shall remain inviolate.
History:
[39-2407, added 1992, ch. 56, sec. 2, p. 165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2408 - INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE.

39-2408. INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE. Notwithstanding the existence or pursuit of any other remedy, the department may in the manner provided by law maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of an agency without a license required under this chapter.
The department shall be represented by the county prosecutor of the county in which the violation occurs or by the office of the attorney general.
History:
[39-2408, added 1992, ch. 56, sec. 2, p. 166.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2409 - BILL OF RIGHTS.

39-2409. BILL OF RIGHTS. A licensee shall provide each person or designated representative with a written bill of rights which shall be in substantially the same form as the currently effective version of regulations affecting patients’ rights utilized for the medicare and medicaid programs.
History:
[34-2409, added 1992, ch. 56, sec. 2, p. 166.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2410 - USE OF TERMS LIMITED.

39-2410. USE OF TERMS LIMITED. No person may use any words in its corporate or business name, or advertise using such words to indicate that it is licensed under the provisions of this chapter or provides the type of services provided by an agency licensed under the provisions of this chapter unless it is in fact licensed as a home health agency under this chapter.
History:
[39-2410, added 1992, ch. 56, sec. 2, p. 166.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 24 - HOME HEALTH AGENCIES › Section 39-2411 - PERSONS, ACTIVITIES OR ENTITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER.

39-2411. PERSONS, ACTIVITIES OR ENTITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER. The following are not subject to regulation for the purposes of this chapter:
(1) A family member;
(2) An organization that provides only meal service in a person’s residence;
(3) Entities furnishing durable medical equipment that does not involve the delivery of professional services beyond those necessary to set up and monitor the proper functioning of the equipment and educate the user on its proper use;
(4) A professional licensed person who independently provides services in the home;
(5) An employee or volunteer of an agency who provides nonprofessional services only as an employee or volunteer;
(6) Facilities and institutions including, but not limited to, nursing homes, hospitals, boarding homes, developmental disability residential programs, or other facilities and institutions, only when providing services to persons residing within the facility or institution if the delivery of the services is regulated by the state;
(7) Nursing homes, hospitals, or other institutions, agencies, organizations, or persons that contract with licensed home health, hospice, or home care agencies for the delivery of services;
(8) In-home assessments by licensed professionals of an ill, disabled, or infirm person’s ability to adapt to the home environment that does not result in regular ongoing care at home by that licensed professional;
(9) Services conducted by and for the adherents of a church or religious denomination that rely upon spiritual means alone through prayer for healing in accordance with the tenets’ beliefs genuinely held by such adherents;
(10) A medicare approved dialysis center operating a medicare approved home dialysis program;
(11) Case management services which do not include the direct delivery of home health, hospice, or home care services;
(12) A medicare certified hospice agency; and
(13) A state authorized personal assistance agency or personal assistant as defined in chapter 56, title 39, Idaho Code.
History:
[39-2411, added 1992, ch. 56, sec. 2, p. 166; am. 2000, ch. 274, sec. 8, p. 808.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2501 - RURAL NURSING LOAN REPAYMENT PROGRAM.

39-2501. RURAL NURSING LOAN REPAYMENT PROGRAM. [EFFECTIVE UNTIL JUNE 30, 2029] A rural and underserved nursing incentive program as set forth in this chapter shall be administered by the department of health and welfare. The program shall provide for the payment of nursing education loans for eligible nurses practicing in rural and underserved areas of the state subject to the requirements of this chapter. The department of health and welfare may promulgate rules to implement the provisions of this chapter.
History:
[39-2501, added 2023, ch. 60, sec. 1, p. 218.]