reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4408 - UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED.

39-4408. UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements.
(2) Effective six (6) months after the effective date of this provision, nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is operating pursuant to interim status granted under section 3005(c) of RCRA, unless the owner or operator of the landfill demonstrates to the director that:
(a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and
(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any existing or potential underground source of drinking water.
(3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.
(4) The board shall have authority to prohibit:
(a) Land disposal of any hazardous waste; and
(b) Storage of any hazardous waste prohibited from land disposal, unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.
History:
[39-4408, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 3, p. 418.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4415 - VIOLATIONS CONSTITUTING MISDEMEANORS.

39-4415. VIOLATIONS CONSTITUTING MISDEMEANORS. (1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.
(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.
(3) An action may be commenced and prosecuted by the attorney general. The director shall not be required to initiate or prosecute an administrative or civil action before the attorney general may commence and prosecute a criminal action.
History:
[39-4415, added 1983, ch. 154, sec. 1, p. 428; am. 1984, ch. 54, sec. 1, p. 94.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4416 - CITIZEN SUITS.

39-4416. CITIZEN SUITS. (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may commence a civil action on that person’s own behalf against any person alleged to have committed the violation. A person commencing an action under this section shall be required to file a bond or equivalent security in an amount not less than one thousand dollars ($1,000) or in conformance with the requirements of rule 65(c) of the Idaho Rules of Civil Procedure if injunctive relief is sought.
(2) No action may be commenced under subsection (1) of this section if the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section unless the plaintiff has given the department sixty (60) days’ notice and substantial evidence of the violation upon which the citizens’ action is based. However, if the department commences an action in a court of the state of Idaho, any interested person may intervene as provided in rule 24(a) of the Idaho Rules of Civil Procedure.
(3) In any action under this section, the department may intervene as a matter of right.
(4) When issuing any final order in any action brought pursuant to this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall not be required to pay such costs in any citizen suit where the state has become a party.
(5) Nothing in this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law.
History:
[39-4416, added 1983, ch. 154, sec. 1, p. 429; am. 1993, ch. 291, sec. 7, p. 1089.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4417 - HAZARDOUS WASTE EMERGENCY ACCOUNT.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4418 - LOCAL GOVERNMENT NOTICE.

39-4418. LOCAL GOVERNMENT NOTICE. A permit for a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days’ notice to the board of county commissioners of the county in which the proposed facility or site is to be located.
History:
[39-4418, added 1983, ch. 154, sec. 1, p. 430.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4419 - INTERSTATE COOPERATION.

39-4419. INTERSTATE COOPERATION. The director shall have the power and the duty to encourage cooperative activities between the department and other states for the improved management of hazardous wastes, and so far as is practical, to provide for uniform state regulations and for interstate agreements relating to hazardous waste management. The state may enter into such agreements with other states to accomplish the purposes as set out in this chapter.
History:
[39-4419, added 1983, ch. 154, sec. 1, p. 430.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4420 - EMPLOYMENT SECURITY.

39-4420. EMPLOYMENT SECURITY. (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against because the employee testifies, provides information or otherwise assists in the enforcement or administration of the provisions of this chapter.
(2) Any employer who knowingly violates the provisions of subsection (1) of this section shall be liable for damages, costs and attorneys’ fees, in addition to any other liability or relief authorized by this chapter, by any other statute, or by the common law.
History:
[39-4420, added 1983, ch. 154, sec. 1, p. 430.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4421 - GOOD SAMARITAN PROTECTION.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4422 - SEVERABILITY.

39-4422. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[39-4422, added 1983, ch. 154, sec. 1, p. 431.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4423 - DISPOSAL OF RESTRICTED HAZARDOUS WASTES PROHIBITED.

39-4423. DISPOSAL OF RESTRICTED HAZARDOUS WASTES PROHIBITED. (1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or on any land or water at a commercial hazardous waste facility or site.
(2) The department may issue a variance from the requirements of subsection (1) of this section, if, in the judgment of the director, application of the requirements would cause undue hardship and the granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take into account:
(a) The long-term uncertainties associated with land disposal;
(b) The goal of managing hazardous waste in an appropriate manner in the first instance; and
(c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents.
(3) (a) The board shall promulgate rules and regulations specifying those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that short-term and long-term threats to human health and the environment are minimized.
(b) If such restricted hazardous waste has been treated to the level or by a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) of this section and may be disposed of in a land disposal facility which meets the requirements of this chapter.
History:
[39-4423, added 1986, ch. 324, sec. 2, p. 797.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4424 - DISPOSAL OF MANIFESTED WASTE.

39-4424. DISPOSAL OF MANIFESTED WASTE. Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested waste to produce heat is otherwise lawful.
History:
[39-4424, added 1989, ch. 253, sec. 2, p. 628.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4426 - APPOINTMENT OF INSPECTORS.

39-4426. APPOINTMENT OF INSPECTORS. (1) The department of environmental quality shall assign a sufficient number of employees and equipment to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous wastes which have been transported by common carrier.
(2) All employees of the department designated pursuant to subsection (1) of this section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 49, Idaho Code, and violations to any rules issued pursuant to section 67-2901A, Idaho Code.
(3) All actions brought for violations of the provisions of this chapter or rules promulgated pursuant thereto shall be brought as provided for in this chapter. All actions brought for violations of the provisions of title 49, Idaho Code, shall be brought as provided in that title.
History:
[39-4426, added 1984, ch. 205, sec. 4, p. 507; am. 1986, ch. 231, sec. 3, p. 630; am. 1988, ch. 265, sec. 569, p. 868; am. 1999, ch. 383, sec. 1, p. 1053; am. 2001, ch. 103, sec. 46, p. 290.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4428 - COLLECTION OF COMMERCIAL DISPOSAL FEES — RETURNS.

39-4428. COLLECTION OF COMMERCIAL DISPOSAL FEES — RETURNS. (1) The fees imposed under section 39-4427, Idaho Code, shall be due and payable in monthly installments by the owner, agent, employee, or operator of such hazardous waste facility or site and remittance shall be made to the Idaho department of environmental quality on or before the fifteenth day of the month next succeeding the end of the monthly period in which the fee accrued. The owner, operator or designated employee or agent of the hazardous waste facility or site, on or before the fifteenth day of the month, shall make out a return, upon such forms setting forth such information as the department may require, showing the amount of the fee for which the owner or operator of the hazardous waste facility or site is liable for the preceding monthly period, and shall sign and transmit the same to the department, together with a remittance for such amount in the form required.
(2) The department may relieve any person or class of persons from the obligation of filing monthly returns and may require the return to cover other reporting periods, but in no event shall returns be filed for a period greater than three (3) months.
History:
[39-4428, added 1984, ch. 205, sec. 6, p. 508; am. 1998, ch. 229, sec. 5, p. 781; am. 1999, ch. 290, sec. 3, p. 719; am. 2001, ch. 103, sec. 47, p. 291.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4429 - BOOKS AND RECORDS TO BE PRESERVED — ENTRY AND INSPECTION BY DEPARTMENT OF ENVIRONMENTAL QUALITY.

39-4429. BOOKS AND RECORDS TO BE PRESERVED — ENTRY AND INSPECTION BY DEPARTMENT OF ENVIRONMENTAL QUALITY. Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shall keep complete and accurate records, including itemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed of at a hazardous waste facility or site in Idaho. All books, documents and papers, computer tapes, discs, and other records required to be kept by this section shall be preserved for a period of at least five (5) years from the date of the records or the date of the entries appearing in the records, unless the department in writing authorized their destruction or disposal at an earlier date. For purposes of this chapter, at any time during usual business hours, the department or duly authorized agents or employees may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein to determine whether or not all the applicable provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility’s or the site’s permit by the director of the department of environmental quality under subsection (A)(2) of section 39-4413, Idaho Code.
History:
[39-4429, added 1984, ch. 205, sec. 7, p. 508; am. 1998, ch. 229, sec. 6, p. 781; am. 1999, ch. 290, sec. 4, p. 720; am. 2001, ch. 103, sec. 48, p. 291; am. 2021, ch. 321, sec. 19, p. 964.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4430 - ADDITIONS AND PENALTIES.

39-4430. ADDITIONS AND PENALTIES. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they may be subsequently amended, shall apply in the same manner and to the same extent to this act as to the Idaho income tax act and shall cover such additions, penalties and requirements and shall, for this purpose, be described and be for acts, omissions, delinquencies, and requirements under this chapter.
History:
[39-4430, added 1984, ch. 205, sec. 8, p. 509.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4431 - COLLECTION AND ENFORCEMENT.

39-4431. COLLECTION AND ENFORCEMENT. (1) The collection and enforcement procedures available to the Idaho state tax commission provided by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as they now exist or as they may subsequently be amended, shall apply and be available to the department of environmental quality for the enforcement of the commercial disposal fee and for the assessment and collection of any amounts due thereunder. Said sections shall, for the aforementioned purposes, be considered part of this chapter and wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement or collection under this chapter, be described as commercial disposal fee liens and proceedings.
(2) The department of environmental quality may be made a party defendant in any action at law or in equity by any person aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to recover an overpayment, but only the state of Idaho shall be responsible for any final judgment secured against the department of environmental quality and said judgment shall be paid or satisfied out of the general fund of the state.
History:
[39-4431, added 1984, ch. 205, sec. 9, p. 509; am. 1997, ch. 313, sec. 3, p. 928; am. 1999, ch. 290, sec. 5, p. 720; am. 2001, ch. 103, sec. 49, p. 292; am. 2015, ch. 244, sec. 23, p. 1021.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4432 - DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES.

39-4432. DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES. The revenues received from the commercial disposal fees imposed by this chapter and any penalties, interest, or deficiency additions, shall be paid over to the state treasurer by the department to be distributed periodically but no less frequently than quarterly as follows:
(1) An amount equal to ninety-five percent (95%) shall be remitted to the general fund of the state, which percentage shall be reduced to ninety-three percent (93%) in fiscal year 2013, to ninety-one percent (91%) in fiscal year 2014, to eighty-five percent (85%) in fiscal year 2015, and shall remain at eighty-five percent (85%) for each fiscal year thereafter; and
(2) An amount equal to five percent (5%) shall be remitted to the county treasurer of the county where the activity occurred which caused the fees to be assessed pursuant to this chapter. Moneys returned to the county shall be utilized by the county to respond to health and environmental problems which may be caused by hazardous waste emergencies or spills, or improperly handled or packaged hazardous waste; and
(3) An amount equal to one percent (1%) in fiscal year 2013, an amount equal to two percent (2%) in fiscal year 2014, and an amount equal to five percent (5%) in fiscal year 2015, and an amount equal to five percent (5%) for each fiscal year thereafter shall be remitted to the treasurer of a county highway district created pursuant to chapter 13, title 40, Idaho Code, to maintain a road under the jurisdiction of such district that connects a rail transfer facility to a commercial hazardous waste facility affiliated with such rail transfer facility. The use of the moneys provided for in this subsection shall be used only for the maintenance, construction and repair of the road described in this subsection; and
(4) An amount equal to one percent (1%) in fiscal year 2013, an amount equal to two percent (2%) in fiscal year 2014, and an amount equal to five percent (5%) in fiscal year 2015, and an amount equal to five percent (5%) for each fiscal year thereafter shall be remitted to the state highway account established in section 40-702, Idaho Code, such amount to be utilized by the Idaho transportation department to maintain a road or roads under the state board of transportation’s jurisdiction that connects a rail transfer facility to a commercial hazardous waste facility affiliated with such rail transfer facility. The use of the moneys provided for in this subsection shall be used only for the maintenance, construction and repair of the road described in this subsection.
History:
[39-4432, added 1984, ch. 205, sec. 10, p. 510; am. 1989, ch. 419, sec. 1, p. 1023; am. 1997, ch. 313, sec. 4, p. 928; am. 1998, ch. 229, sec. 7, p. 782; am. 1999, ch. 290, sec. 6, p. 721; am. 2012, ch. 304, sec. 1, p. 843.]
2023 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 services and concerning what constitutes an informed consent for such health care services; and
(b) To provide certainty and clarity in the law of medical consent in the furtherance of high standards of health care services and their 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 services 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; am. 2023, ch. 307, sec. 1, p. 922.]
2023 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 health care services is competent to consent thereto on his or her own behalf. Any health care provider may provide such health care services in reliance upon such a 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; am. 2023, ch. 307, sec. 3, p. 924.]
2023 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 health care services 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 services 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 services contrary to such person’s advance care planning document or wishes expressed by such person while the person was capable of consenting to his or her own health care services:
(a) The court-appointed guardian of such person;
(b) The person named in another person’s advance care planning document as the health care agent of such person pursuant to section 39-4510, Idaho Code, or a similar document authorized by this chapter if the conditions in such advance care planning document 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;
(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 health care services to such person and the person has not communicated and is unable to communicate his or her wishes, the attending health care provider may, in his or her discretion, authorize or provide such health care services, 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 health care services 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; am. 2023, ch. 307, sec. 4, p. 925.]
2023 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 licensed independent practitioner 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 licensed independent practitioner 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 that 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; am. 2023, ch. 307, sec. 5, p. 925.]
2023 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 services 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 services, 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.
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; am. 2023, ch. 307, sec. 6, p. 926.]
2023 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 health care services 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 health care services 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 health care services, and the advice and disclosures of the attending licensed independent practitioner 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; am. 2023, ch. 307, sec. 7, p. 926.]
2023 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 services is the duty of the attending licensed independent practitioner upon whose order or at whose direction the contemplated health care services are rendered; provided however, a licensed hospital and any employee of a health care provider, acting with the approval of such an attending licensed independent practitioner 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; am. 2023, ch. 307, sec. 8, p. 927.]
2023 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 health care, including the decision to have artificial life-sustaining treatment 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-sustaining treatment that provides nothing medically necessary or beneficial to the person because of the person’s inability to communicate with the attending licensed independent practitioner.
(2) In recognition of the dignity and privacy that 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 health care services and for the withdrawal of artificial life-sustaining treatment carried out even though that person is no longer able to communicate with the attending licensed independent practitioner.
(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 that a person may have to effect the withholding or withdrawal of artificial life-sustaining treatment 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 services 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; am. 2023, ch. 307, sec. 9, p. 927.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4510 - ADVANCE CARE PLANNING DOCUMENT.

39-4510. ADVANCE CARE PLANNING DOCUMENT. (1) Any competent person aged eighteen (18) years or older may execute an advance care planning document (ACPD). Such document must contain the mandatory elements set forth in this section. Any provisions of an ACPD that are left blank by a person executing the document shall be deemed intentional and shall not invalidate the document. The department of health and welfare may create and promulgate an optional form for the ACPD. Such form is not mandatory. To be considered a valid ACPD, a document must include:
(a) The person’s name, date of birth, telephone number, and mailing address;
(b) The signature of the person for whom the ACPD is created or the authorized agent of such person; and
(c) The date on which the document was signed.
(2) An ACPD may but is not required to include the following:
(a) The electronic mail address of the person executing the ACPD;
(b) Nomination of one (1) or more persons to act as a health care agent;
(c) The name, mailing address, electronic mail address, and telephone number of any person nominated as a health care agent, as well as such person’s relationship to the person executing the ACPD;
(d) Resuscitation instructions;
(e) Instructions regarding pregnancy;
(g) Instructions for the release of information protected by the federal health insurance portability and accountability act;
(h) Instructions for end-of-life care;
(i) A description of treatment objectives;
(j) The names and contact information of witnesses to the execution of the ACPD; and
(k) Notarization.
History:
[39-4510, added 2023, ch. 307, sec. 11, p. 928.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4511A - REVOCATION OF ADVANCE CARE PLANNING DOCUMENT.

39-4511A. REVOCATION OF ADVANCE CARE PLANNING DOCUMENT. (1) An advance care planning document (ACPD) may be revoked at any time by the maker thereof by any of the following methods:
(a) By being intentionally canceled, defaced, obliterated, 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 by 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 ACPD.
(2) The maker of the revoked ACPD is responsible for notifying his health care providers 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 ACPD 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 an ACPD 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; am. 2023, ch. 307, sec. 12, p. 928.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4511B - SUSPENSION OF ADVANCE CARE PLANNING DOCUMENT.

39-4511B. SUSPENSION OF ADVANCE CARE PLANNING DOCUMENT. (1) An advance care planning document (ACPD) 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 ACPD.
(2) A health care provider who does not have actual knowledge of the suspension is entitled to rely on an otherwise apparently valid ACPD as though it had not been suspended.
(3) There shall be no criminal or civil liability on the part of any person for the failure to act upon a suspension of an ACPD made pursuant to this chapter unless that person has actual knowledge of the suspension.
(4) Upon meeting the termination terms of the suspension, if any, as defined by the written or oral expression by the maker, the conditions set forth in the ACPD will resume.
History:
[39-4511B, added 2012, ch. 302, sec. 10, p. 834; am. 2017, ch. 273, sec. 3, p. 714; am. 2023, ch. 307, sec. 13, p. 929.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4512 - EXECUTION OF ADVANCE CARE PLANNING DOCUMENT.

39-4512. EXECUTION OF ADVANCE CARE PLANNING DOCUMENT. An advance care planning document shall be effective from the date of execution until it is revoked or replaced. Nothing in this chapter shall be construed to prevent a competent person from reexecuting an advance care planning document at any time.
History:
[39-4512, added 2005, ch. 120, sec. 2, p. 389; am. 2023, ch. 307, sec. 14, p. 929.]
2023 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 POST form is an order regarding scope of treatment signed by a licensed independent practitioner and a person or the person’s surrogate decision-maker, provided that the POST form shall not be contrary to the person’s last known expressed wishes or directions.
(2) The POST form shall be effective from the date of execution except while suspended or unless it is revoked.
(3) A licensed independent practitioner must, 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) 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, Idaho Code.
(5) The department of health and welfare shall develop, promulgate, and revise as needed a recommended POST form.
History:
[39-4512A, added 2007, ch. 196, sec. 13, p. 590; am. 2012, ch. 302, sec. 11, p. 835; am. 2023, ch. 307, sec. 15, p. 929.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT › Section 39-4512B - ADHERENCE TO POST PROTOCOL.

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.]
2023 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 shall make reasonable efforts to inquire as to whether the patient has completed a 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; am. 2023, ch. 307, sec. 17, p. 930.]