reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1769 - COMMUNICATION REGARDING BIOLOGICAL PRODUCTS.

54-1769. COMMUNICATION REGARDING BIOLOGICAL PRODUCTS. [EFFECTIVE UNTIL JULY 1, 2026] (1) A pharmacist who dispenses a biological product according to board rule shall communicate to the prescriber the name and manufacturer of the drug within five (5) business days following the dispensing of the biological product. Communication shall occur via an entry in an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system or a pharmacy record that can be accessed electronically by the prescriber. Entry into an electronic records system as described in this subsection shall be considered notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, provided that the communication shall not be required when:
(a) There is no interchangeable biological product approved by the federal food and drug administration for the product prescribed;
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription; or
(c) The pharmacist or the pharmacist’s designee has already communicated to the prescriber the specific product to be provided to the patient, including the name and manufacturer of the product, prior to dispensing; and that product is the product that is actually dispensed.
(2) Nothing in this section shall delay the dispensing of a valid prescription for a biological product.
(3) For purposes of this section:
(a) "Biological product" shall have the same meaning as in 42 U.S.C. 262(i).
(b) "Interchangeable biological product" means a biological product that the federal food and drug administration has licensed and determined meets the standards for interchangeability set forth in 42 U.S.C. 262(k)(4) or has been deemed therapeutically equivalent by the federal food and drug administration in the latest edition of or supplement to the publication "Approved Drug Products with Therapeutic Equivalence Evaluations."
History:
[54-1769, added 2016, ch. 197, sec. 1, p. 553.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1771 - SEVERABILITY.

54-1771. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[54-1771, added 2011, ch. 263, sec. 5, p. 709.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1801 - SHORT TITLE.

54-1801. SHORT TITLE. This chapter may be cited as the "Medical Practice Act."
History:
[54-1801, added 1977, ch. 199, sec. 2, p. 536.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1802 - PURPOSE.

54-1802. PURPOSE. Recognizing that the practice of medicine is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of physicians and physician assistants, and the exclusion of unlicensed persons from the practice of medicine.
History:
[54-1802, added 1977, ch. 199, sec. 3, p. 537.; am. 2019, ch. 26, sec. 2, p. 53.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1805 - THE STATE BOARD OF MEDICINE ESTABLISHED.

54-1805. THE STATE BOARD OF MEDICINE ESTABLISHED. (1) There is hereby established in the division of occupational and professional licenses a state board of medicine to be composed of eleven (11) members.
(2) (a) The board shall consist of eleven (11) members. The director of the Idaho state police or the director’s designated agent shall be a member of the board. Seven (7) members shall be physicians who are residents of this state and engaged in the active practice of medicine in this state, two (2) members shall be public members, and one (1) member shall be a physician assistant who is a resident of this state and engaged in the active practice of medicine in this state.
(b) All physician and physician assistant appointments to the board shall be for a single six (6) year term. The physician members shall consist of six (6) members who are licensed to practice medicine in this state and one (1) member who is licensed to practice osteopathic medicine in this state. The physician assistant member shall be licensed to practice medicine in this state. Whenever a term of a member of the board who is licensed to practice medicine or osteopathic medicine expires or becomes vacant, the governor shall consider recommendations provided by professional organizations of physicians and physician assistants and by any individual residing in this state for appointment.
(c) All public members shall be appointed by the governor for three (3) year terms. Public members must reside in the state and be persons of integrity and good reputation who have lived in this state for at least five (5) years immediately preceding their appointment, who have never been authorized to practice a healing art, and who have never had a substantial personal, business, professional, or pecuniary connection with a healing art or with a medical education or health care facility, except as patients or potential patients.
(3) Appointments to fill vacancies occurring from some other reason than expiration of a term for which a member was appointed shall be made in the same manner as hereinabove set forth for the unexpired term. All board members shall serve at the pleasure of the governor.
(4) The board shall elect a chairman from its membership. The members of the board, except for state employees, shall be compensated as provided by section 59-509(p), Idaho Code. Six (6) members of the board shall constitute a quorum, and the board may act by virtue of a majority vote of members present at a meeting.
History:
[54-1805, added 1977, ch. 199, sec. 6, p. 540; am. 1980, ch. 247, sec. 64, p. 627; am. 1990, ch. 106, sec. 1, p. 213; am. 1998, ch. 39, sec. 1, p. 166; am. 2000, ch. 469, sec. 125, p. 1586; am. 2016, ch. 340, sec. 22, p. 943; am. 2019, ch. 26, sec. 5, p. 56; am. 2021, ch. 222, sec. 16, p. 630.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1807 - STATE BOARD OF MEDICINE — REGISTRATION.

54-1807. STATE BOARD OF MEDICINE — REGISTRATION. Interns and residents must register with the board prior to the commencement of any activities constituting the practice of medicine in this state. Registration shall include disclosure of the applicant’s prior education and training, the program or course of study the intern or resident intends to follow, the physicians or group of physicians who will supervise the program or course of study and such other information as the board deems relevant. The board shall reserve the right to approve any such program or course of study. A registration fee shall be fixed by the board and registration must be renewed annually or biannually.
History:
[54-1807, added 1977, ch. 199, sec. 8, p. 543; am. 1998, ch. 177, sec. 3, p. 662; am. 2010, ch. 89, sec. 2, p. 171; am. 2019, ch. 26, sec. 8, p. 62; am. 2023, ch. 12, sec. 3, p. 50.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1808 - BOARD TO ISSUE LICENSES.

54-1808. BOARD TO ISSUE LICENSES. (1) The board shall issue licenses to practice medicine and osteopathic medicine to persons who have qualified therefor in accordance with the provisions of this act. The board may refuse licensure if it finds that the applicant has engaged in conduct prohibited by section 54-1814, Idaho Code. Provided, that the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances. Such licenses shall be issued after payment of a licensing fee in an amount to be fixed by the board, and such licenses shall be issued for a period of no more than five (5) years, the exact period to be fixed by the board. Licenses to practice medicine and osteopathic medicine shall be renewed on their expiration upon completion of a renewal application and upon payment of a renewal fee, the amount of which is to be fixed by the board.
(2) The board may renew on an inactive basis, the license of a physician or physician assistant who is not practicing medicine in this state. The board shall fix and collect an inactive license fee for each inactive license renewal, and each inactive license shall be issued for a period of no more than five (5) years, the exact period to be fixed by the board. A physician or physician assistant holding an inactive license may not engage in the practice of medicine in this state. If a person wishes to convert his inactive license to an active license, he must account to the board for that period of time in which he held an inactive license.
(3) Whenever the board determines that an applicant for a license to practice medicine or osteopathic medicine is not qualified for such a license pursuant to the provisions of this act, the board shall notify the applicant by certified mail of its denial of licensure and the reasons for denial.
History:
[54-1808, added 1977, ch. 199, sec. 9, p. 543; am. 2019, ch. 26, sec. 10, p. 64.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1809 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.

54-1809. OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[54-1809, added 2021, ch. 224, sec. 46, p. 676.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1810 - PHYSICIAN LICENSURE BY WRITTEN EXAMINATION.

54-1810. PHYSICIAN LICENSURE BY WRITTEN EXAMINATION. Any person seeking to be licensed to practice medicine or osteopathic medicine as a physician in this state must successfully complete the following requirements before a license will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board which shall require proof of graduation from a medical school acceptable to the board and successful completion of a postgraduate training program acceptable to the board. The application shall require a fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database. Each applicant must submit a full set of the applicant’s fingerprints on forms supplied by the board which shall be forwarded to the Idaho state police and the federal bureau of investigation identification division for this purpose or for the purpose of qualifying an applicant for an expedited license as the state of principal license as provided in section 54-1847, Idaho Code. The board shall not disseminate data acquired from a fingerprint-based criminal history check except as allowed by law.
(2) Each applicant must pass an examination conducted by or acceptable to the board which shall thoroughly test the applicant’s fitness to practice medicine. If an applicant fails to pass any step of the examination on two (2) separate occasions, the applicant may be required to be interviewed, evaluated, or examined by the board.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials.
History:
[54-1810, added 1977, ch. 199, sec. 10, p. 544; am. 1999, ch. 116, sec. 1, p. 350; am. 2003, ch. 126, sec. 1, p. 376; am. 2017, ch. 81, sec. 1, p. 224; am. 2019, ch. 26, sec. 12, p. 65.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1810A - PHYSICIAN ASSISTANT LICENSURE.

54-1810A. PHYSICIAN ASSISTANT LICENSURE. Any person seeking to be licensed to practice medicine as a physician assistant in this state must successfully complete the following requirements before a license will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board, which shall require proof of a college baccalaureate degree from a nationally accredited school and completion of a physician assistant training program acceptable to the board and accredited by the accreditation review commission on education for physician assistants;
(2) Each applicant must submit proof of current certification by the national commission on certification of physician assistants or similar certifying agency approved by the board; and
(3) The application shall require a fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database. Each applicant must submit a full set of the applicant’s fingerprints on forms supplied by the board, which shall be forwarded to the Idaho state police and the federal bureau of investigation identification division for this purpose. The board shall not disseminate data acquired from a fingerprint-based criminal history check except as allowed by law.
History:
[54-1810A, added 2019, ch. 26, sec. 13, p. 65.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1811 - PHYSICIAN LICENSURE BY ENDORSEMENT.

54-1811. PHYSICIAN LICENSURE BY ENDORSEMENT. Any person seeking to be licensed to practice medicine as a physician in this state who is licensed to practice medicine in another state must successfully complete the following requirements before a license to practice medicine will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board which shall require proof that the applicant holds a valid, unrevoked, unsuspended license to practice medicine, or osteopathic medicine in a state, territory or district of the United States or Canada, and the applicant demonstrates that he possesses the requisite qualifications to provide the same standard of health care as provided by licensed physicians in this state. The board may require further examination to establish such qualifications. An applicant with any disciplinary action, including past, pending, or confidential, by any board of medicine, licensing authority, medical society, professional society, hospital, medical school, or institution staff in any state, territory, district, or country is not eligible for licensure by endorsement.
(2) The application shall require a fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database. Each applicant must submit a full set of the applicant’s fingerprints on forms supplied by the board which shall be forwarded to the Idaho state police and the federal bureau of investigation identification division for this purpose or for the purpose of qualifying an applicant for an expedited license as the state of principal license as provided in section 54-1847, Idaho Code. The board shall not disseminate data acquired from a fingerprint-based criminal history check except as allowed by law.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
History:
[54-1811, added 1977, ch. 199, sec. 11, p. 545; am. 1999, ch. 116, sec. 2, p. 350; am. 2003, ch. 126, sec. 2, p. 377; am. 2017, ch. 81, sec. 2, p. 225; am. 2019, ch. 26, sec. 14, p. 66.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1812 - GRADUATES OF MEDICAL SCHOOLS LOCATED OUTSIDE OF THE UNITED STATES AND CANADA.

54-1812. GRADUATES OF MEDICAL SCHOOLS LOCATED OUTSIDE OF THE UNITED STATES AND CANADA. In addition to the other licensure requirements of this chapter, the board may require by rule and regulation that graduates of medical schools located outside of the United States and Canada provide additional information to the board concerning the medical school attended. The board may also require such graduates to take an additional examination. The board may refuse to issue a license to an applicant who graduated from a medical school located outside of the United States and Canada if it finds that such applicant does not possess the requisite qualifications to provide the same standard of health care as provided by licensed physicians in this state.
History:
[54-1812, added 1977, ch. 199, sec. 12, p. 546; am. 1980, ch. 146, sec. 1, p. 315.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1813 - TEMPORARY LICENSE AND REGISTRATION.

54-1813. TEMPORARY LICENSE AND REGISTRATION. (1) The board may by rule provide for the issuance of a temporary license to a person licensed to practice medicine or osteopathic medicine in some other state, territory, or district of the United States or Canada or to a person who is a diplomate of the national board of medical examiners or a diplomate of the national board of osteopathic medical examiners or to a physician assistant, excluding any volunteer license applicant, provided that such temporary license shall be issued only to persons who have made an application for a permanent license in this state. The board shall fix and collect a fee for a temporary license and it shall be valid from the date of issuance for one hundred twenty (120) days, unless extended by the board or its designated representative upon a showing of good cause.
(2) The board may by rule provide for temporary registration of interns, residents, and experienced international medical graduates who are forcibly displaced persons. The board shall fix and collect a fee for the temporary registration and shall specify the time period of the temporary registration.
(3) For purposes of subsection (2) of this section, "experienced international medical graduate who is a forcibly displaced person" means a person who:
(a) Is a graduate of a medical school recognized by the board;
(b) Is an asylee, a humanitarian parolee, or a refugee holding a customs and border protection form I-94 or an equivalent document;
(c) Has applied for an accredited medical residency training program in Idaho;
(d) Has at least three (3) years of practice in the person’s specialty;
(e) Has no gap of greater than five (5) years between the person’s clinical practice and the person’s application for the accredited medical residency training program in Idaho;
(f) Passes the occupational English test for medicine; and
(g) Agrees to practice in a health professional shortage area, as designated by the federal government, for at least three (3) years following graduation from an accredited medical residency training program in Idaho.
History:
[54-1813, added 1977, ch. 199. sec. 13, p. 546; am. 1998, ch. 177, sec. 4, p. 662; am. 2019, ch. 26, sec. 15, p. 67; am. 2023, ch. 155, sec. 1, p. 419.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1815 - VIOLATION OF ACT — INJUNCTION.

54-1815. VIOLATION OF ACT — INJUNCTION. Whenever any person is found violating any of the provisions of this chapter, the department or the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person from doing any of the acts above described, said action to be brought in the county in which said acts are claimed to have been or are being committed; and upon the filing of a verified petition in the district court of the county where said acts have been or are being committed, the court, or a judge thereof at chambers, if satisfied by affidavit or otherwise that the acts complained of have been or are being committed, shall issue a temporary injunction, without bond, as a matter of course, enjoining the defendant from the commission of any such act or acts. A copy of said verified complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in other civil cases. If the commission of said act or acts be established, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or a judge thereof, at chambers, may summarily try and punish the offender for his contempt of court.
History:
[54-1815, added 1949, ch. 23, sec. 15, p. 27.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1818 - REPORTING OF VIOLATIONS BY PHYSICIANS.

54-1818. REPORTING OF VIOLATIONS BY PHYSICIANS. A licensed physician or physician assistant possessing knowledge of a violation of section 54-1814, Idaho Code, by any other physician or physician assistant licensed to practice medicine in Idaho shall with reasonable promptness report such knowledge to the board of medicine or its duly authorized committee, agency or representative, and failure to do so shall subject such person to disciplinary action by the state board of medicine as in its discretion the board shall deem proper, pursuant to procedures provided in chapter 18, title 54, Idaho Code; provided, no person shall be civilly liable for communications, reports or acts of any kind made, given or handled under the provisions of this act. However, notwithstanding the foregoing, no physician or physician assistant shall be required to report, nor shall any physician or physician assistant report, any information known, learned or discovered by that person as a result of participation in peer review or access to peer review records, as defined in section 39-1392a, Idaho Code. This provision shall not relieve a health care organization of its notification obligations as set forth in section 39-1393, Idaho Code.
History:
[54-1818, added 1976, ch. 192, sec. 1, p. 709; am. 2003, ch. 244, sec. 7, p. 634; am. 2019, ch. 26, sec. 18, p. 69.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1820 - ACCESS TO RECORDS.

54-1820. ACCESS TO RECORDS. All papers, records, correspondence, communications and proceedings of the Idaho state board of medicine shall be open and public except as otherwise provided in chapter 1, title 74, Idaho Code.
History:
[54-1820, added 1985, ch. 233, sec. 1, p. 554; am. 1990, ch. 213, sec. 78, p. 546; am. 2015, ch. 141, sec. 142, p. 490.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1821 - NO PHYSICIAN-PATIENT RELATIONSHIP FOR INFORMAL CONSULTATIONS.

54-1821. NO PHYSICIAN-PATIENT RELATIONSHIP FOR INFORMAL CONSULTATIONS. (1) No physician-patient relationship is created between a physician licensed under this chapter and an individual not otherwise a patient of that physician when a physician is contacted by another physician or licensed health care practitioner who is treating the patient for a consultation or advice, if:
(a) The consulted physician does not examine the patient; and
(b) Such consultation or advice is given by the physician to the physician or health care practitioner treating the patient without expectation of compensation for providing such consultation or advice.
(2) A consulted physician who does not have a physician-patient relationship with a patient by virtue of this section shall not be named on any special verdict form concerning care provided to the patient unless there is a basis of liability to the patient independent of the consultation.
History:
[54-1821, added 2010, ch. 353, sec. 1, p. 929.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1831 - SHORT TITLE.

54-1831. SHORT TITLE. This act shall be known as the "Disabled Physician and Physician Assistant Act."
History:
[54-1831, added 1976, ch. 290, sec. 1, p. 1000; am. 2019, ch. 26, sec. 20, p. 69.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1832 - GROUNDS FOR RESTRICTION, SUSPENSION, OR REVOCATION OF LICENSE.

54-1832. GROUNDS FOR RESTRICTION, SUSPENSION, OR REVOCATION OF LICENSE. The license of any physician or physician assistant to practice medicine in this state shall be subject to restriction, suspension, or revocation, as hereinafter provided, in case of inability of the licensee to practice medicine with reasonable skill or safety to patients by reason of one (1) or more of the following:
(1) Mental illness;
(2) Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill; or
(3) Excessive use or abuse of drugs, including alcohol.
History:
[54-1832, added 1976, ch. 290, sec. 2, p. 1000; am. 2019, ch. 26, sec. 21, p. 69.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1833 - DUTIES OF BOARD OF MEDICINE.

54-1833. DUTIES OF BOARD OF MEDICINE. (1) If the board of medicine ("board") has reasonable cause to believe that a physician or physician assistant licensed to practice medicine in this state is unable to practice medicine with reasonable skill and safety to patients because of a condition described in section 54-1832, Idaho Code, the board shall serve upon the physician or physician assistant a notice of hearing on the sole issue of the capacity of the physician or physician assistant to competently and safely engage in the practice of medicine.
(2) Every physician and physician assistant who accepts the privilege of being licensed under this chapter gives consent to:
(a) Submitting at the licensee’s own expense to an immediate mental or physical examination when directed in writing by the board to do so; and
(b) The admissibility of the reports of the examining physician’s testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.
(3) The examination may be ordered by the board, only upon a finding of reasonable cause to believe:
(a) The physician or physician assistant is unable to practice medicine with reasonable skill and safety because of a condition described in section 54-1832, Idaho Code; and
(b) Immediate action by the board is necessary to prevent harm to patients or the general public.
(4) Failure of a physician to submit to the examination ordered under this section is a ground for the board’s immediate suspension of the physician’s license by written order.
History:
[54-1833, added 1976, ch. 290, sec. 3, p. 1000; am. 2019, ch. 26, sec. 22, p. 69.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1834 - PROCEEDINGS.

54-1834. PROCEEDINGS. (1) The board may proceed against a physician or physician assistant under this act by serving upon such physician or physician assistant at least fifteen (15) days’ notice of a time and place fixed for a hearing. Such notice shall be served upon the licensee either personally or by registered or certified mail with return receipt requested.
(2) At said hearing the licensee shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(3) The results of any examination ordered by the board pursuant to section 54-1833(c), Idaho Code, including evidence and testimony offered by the examining physician shall be admissible at said hearing, along with any other evidence, or witness testimony relevant to the licensee’s fitness to practice.
(4) At the conclusion of the hearing, the board shall make a determination of the merits and, if grounds therefor are found to exist, may issue an order imposing one (1) or more of the following:
(a) A recommendation that the licensee submit to the care, counseling, or treatment by physicians acceptable to the board; or
(b) Suspension or restriction of the licensee’s license to practice medicine for the duration of his impairment; or
(c) Revocation of the licensee’s license to practice medicine; and
(d) If grounds are not found to exist, the board shall enter its order so stating, shall dismiss the proceedings and shall provide the respondent a true copy thereof.
History:
[(54-1834) 54-1837, added 1976, ch. 290, sec. 7, p. 1002; am. 1990, ch. 213, sec. 79, p. 547.; am. 2015, ch. 141, sec. 143, p. 490; am. and redesig. 2019, ch. 26, sec. 26, p. 70.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1835 - RIGHT TO APPEAL AND REINSTATEMENT.

54-1835. RIGHT TO APPEAL AND REINSTATEMENT. (1) A physician or physician assistant whose license is suspended under section 54-1833(4) has the right to a hearing to appeal the suspension within ten (10) days after the license is suspended. The hearing held under this subsection shall be conducted in accordance with section 54-1834, Idaho Code, for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the licensee’s patients or the general public.
(2) A physician or physician assistant whose license is revoked, suspended, or in any way restricted under section 54-1833 or 54-1834, Idaho Code, may request that the board consider, at reasonable intervals, evidence presented by the physician or physician assistant under procedures established by rule, regarding any change in the licensee’s condition to determine whether the licensee is or is not able to safely and competently engage in the practice of medicine; and is qualified to have the physician or physician assistant license to practice under this chapter restored completely or in part.
History:
[(54-1835) 54-1838, added 1976, ch. 290, sec. 8, p. 1004; am. and redesig. 2019, ch. 26, sec. 27, p. 72.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1836 - JUDICIAL REVIEW.

54-1836. JUDICIAL REVIEW. All final decisions by the board of medicine shall be subject to judicial review pursuant to the procedures of the administrative procedure act, chapter 52, title 67, Idaho Code.
History:
[(54-1836) 54-1839, added 1982, ch. 323, sec. 3, p. 804; am. and redesig. 2019, ch. 26, sec. 28, p. 72.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1842 - INTERSTATE MEDICAL LICENSURE COMPACT.

54-1842. INTERSTATE MEDICAL LICENSURE COMPACT. The interstate medical licensure compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows in sections 54-1843 through 54-1866, Idaho Code.
History:
[54-1842, added 2015, ch. 105, sec. 1, p. 248.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1843 - PURPOSE.

54-1843. PURPOSE. In order to strengthen access to health care and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter and therefore requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
History:
[54-1843, added 2015, ch. 105, sec. 1, p. 248.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1845 - ELIGIBILITY.

54-1845. ELIGIBILITY. (1) A physician must meet the eligibility requirements as defined in section 54-1844(11), Idaho Code, to receive an expedited license under the terms and provisions of the compact.
(2) A physician who does not meet the requirements of section 54-1844(11), Idaho Code, may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
History:
[54-1845, added 2015, ch. 105, sec. 1, p. 250.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1846 - DESIGNATION OF STATE OF PRINCIPAL LICENSE.

54-1846. DESIGNATION OF STATE OF PRINCIPAL LICENSE. (1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(a) The state of primary residence for the physician;
(b) The state where at least twenty-five percent (25%) of the physician’s practice of medicine occurs;
(c) The location of the physician’s employer; or
(d) The state designated as the physician’s state of residence for purpose of federal income tax, if no other state qualifies under paragraph (a), (b) or (c) of this subsection.
(2) A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in subsection (1) of this section.
(3) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
History:
[54-1846, added 2015, ch. 105, sec. 1, p. 250.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1848 - FEES FOR AN EXPEDITED LICENSE.

54-1848. FEES FOR AN EXPEDITED LICENSE. (1) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(2) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
History:
[54-1848, added 2015, ch. 105, sec. 1, p. 251.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1849 - RENEWAL AND CONTINUED PARTICIPATION.

54-1849. RENEWAL AND CONTINUED PARTICIPATION. (1) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(a) Maintains a full and unrestricted license in a state of principal license;
(b) Has not been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
(c) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(d) Has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.
(2) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(3) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(4) Upon receipt of any renewal fees collected pursuant to subsection (3) of this section, a member board shall renew the physician’s license.
(5) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(6) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
History:
[54-1849, added 2015, ch. 105, sec. 1, p. 251.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1850 - COORDINATED INFORMATION SYSTEM.

54-1850. COORDINATED INFORMATION SYSTEM. (1) The interstate commission shall establish a database of all physicians licensed or who have applied for licensure under the compact.
(2) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
(3) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(4) Member boards may report any nonpublic complaint, disciplinary or investigatory information not required by subsection (3) of this section to the interstate commission.
(5) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(6) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory or disciplinary matters.
(7) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
History:
[54-1850, added 2015, ch. 105, sec. 1, p. 251.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1851 - JOINT INVESTIGATIONS.

54-1851. JOINT INVESTIGATIONS. (1) Licensure and disciplinary records of physicians are deemed investigative.
(2) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(3) A subpoena issued by a member state shall be enforceable in other member states.
(4) Member boards may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(5) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
History:
[54-1851, added 2015, ch. 105, sec. 1, p. 252.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1852 - DISCIPLINARY ACTIONS.

54-1852. DISCIPLINARY ACTIONS. (1) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(2) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(3) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(a) Impose the same or lesser sanction against the physician so long as such sanction is consistent with the medical practice act of that state; or
(b) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately, for ninety (90) days upon entry of the order by the disciplining board, to permit the other member board to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety (90) day suspension period in a manner consistent with the medical practice act of that state.
History:
[54-1852, added 2015, ch. 105, sec. 1, p. 252.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1854 - POWERS AND DUTIES OF THE INTERSTATE COMMISSION.

54-1854. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. The interstate commission shall have the duty and the power to:
(1) Oversee and maintain the administration of the compact;
(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the compact;
(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules and actions;
(4) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means including, but not limited to, the use of judicial process;
(5) Establish and appoint committees including, but not limited, to an executive committee, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;
(6) Pay or provide for the payment of the expenses related to the establishment, organization and ongoing activities of the interstate commission;
(7) Establish and maintain one (1) or more offices;
(8) Borrow, accept, hire or contract for services of personnel;
(9) Purchase and maintain insurance and bonds;
(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents or consultants, and to determine their qualifications, define their duties and fix their compensation;
(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel;
(12) Accept donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of such items in a manner consistent with the conflict of interest policies established by the interstate commission;
(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, whether real, personal or mixed;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
(15) Establish a budget and make expenditures;
(16) Adopt a seal and bylaws governing the management and operation of the interstate commission;
(17) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;
(18) Coordinate education, training and public awareness regarding the compact, its implementation and its operation;
(19) Maintain records in accordance with the bylaws;
(20) Seek and obtain trademarks, copyrights and patents; and
(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
History:
[54-1854, added 2015, ch. 105, sec. 1, p. 254.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1855 - FINANCE POWERS.

54-1855. FINANCE POWERS. (1) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding on all member states.
(2) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(3) The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.
(4) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
History:
[54-1855, added 2015, ch. 105, sec. 1, p. 255.]