reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-902 - DEFINITIONS.

6-902. DEFINITIONS. As used in this act:
1. "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof.
2. "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, an operating agent of irrigation districts whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this act, the terms "county" and "city" also mean state licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.
3. "Governmental entity" means and includes the state and political subdivisions as herein defined.
4. "Employee" means an officer, board member, commissioner, executive, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity, temporarily or permanently in the service of the governmental entity, whether with or without compensation, but the term employee shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this act applies in the event of a claim.
5. "Bodily injury" means any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence.
6. "Property damage" means injury or destruction to tangible property caused by an occurrence.
7. "Claim" means any written demand to recover money damages from a governmental entity or its employee which any person is legally entitled to recover under this act as compensation for the negligent or otherwise wrongful act or omission of a governmental entity or its employee when acting within the course or scope of his employment.
History:
[6-902, added 1971, ch. 150, sec. 2, p. 743; am. 1976, ch. 309, sec. 2, p. 1063; am. 1978, ch. 372, sec. 1, p. 977; am. 1982, ch. 132, sec. 1, p. 379; am. 1986, ch. 214, sec. 2, p. 548; am. 1996, ch. 192, sec. 1, p. 601; am. 2005, ch. 260, sec. 1, p. 803.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-902A - SUPERVISORY PHYSICIAN.

6-902A. SUPERVISORY PHYSICIAN. (1) For purposes of this chapter only, a supervisory physician shall be considered an employee.
(2) As used in this section:
(a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a licensed ambulance or non-transport service including, but not limited to, disciplining and educating personnel, setting staffing levels, emergency medical services system design, establishing patient care guidelines and medical policies, compliance, establishing standing orders and protocols, reviewing performance of personnel, quality management and other reasonably necessary administrative duties.
(b) "Supervisory physician" means a physician licensed pursuant to chapter 18, title 54, Idaho Code, who supervises the activities of personnel affiliated with a licensed ambulance or non-transport service as described in section 56-1011, Idaho Code, et seq., when the licensed ambulance or non-transport service is operated under the control of a governmental authority.
(3) The exceptions to liability set forth in sections 6-904, 6-904A and 6-904B, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties. The liability limit contained in section 6-926, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties to the extent that such supervisory physician is covered by liability insurance exceeding that limit.
(4) Claims against a supervisory physician for failure to properly perform supervisory duties shall not be subject to the requirements of chapter 10, title 6, Idaho Code.
History:
[6-902A, added 2007, ch. 103, sec. 1, p. 308.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-904 - EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which:
1. Arises out of any act or omission of an employee of the governmental entity exercising ordinary care, in reliance upon or the execution or performance of a statutory or regulatory function, whether or not the statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused.
2. Arises out of the imposition or establishment of a quarantine by a governmental entity, whether such quarantine relates to persons or property.
3. Arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
4. Arises out of the activities of the Idaho national guard when engaged in training or duty under sections 316, 502, 503, 504, 505 or 709, title 32, United States Code.
5. Arises out of the activities of the Idaho national guard when engaged in combatant activities during a time of war.
6. Arises out of or results from riots, unlawful assemblies, public demonstrations, mob violence or civil disturbances.
7. Arises out of a plan or design for construction or improvement to the highways, roads, streets, bridges, or other public property where such plan or design is prepared in substantial conformance with engineering or design standards in effect at the time of preparation of the plan or design or approved in advance of the construction by the legislative body of the governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval.
History:
[6-904, added 1971, ch. 150, sec. 4, p. 743; am. 1974, ch. 167, sec. 1, p. 1423; am. 1978, ch. 272, sec. 3, p. 632; am. 1987, ch. 106, sec. 1, p. 218; am. 1987, ch. 361, sec. 4, p. 799; am. 1988, ch. 324, sec. 1, p. 983.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-904A - EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904A. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:
1. Arises out of the assessment or collection of any tax or fee.
2. Arises out of injury to a person or property by a person under supervision, custody or care of a governmental entity or by or to a person who is on probation, or parole, or who is being supervised as part of a court imposed drug court program, or any work-release program, or by or to a person receiving services from a mental health center, hospital or similar facility.
History:
[6-904A, added 1988, ch. 324, sec. 2, p. 984; am. 2004, ch. 227, sec. 1, p. 670.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-904B - EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904B. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:
1. Arises out of the detention of any goods or merchandise by any law enforcement officer.
2. Arises out of the cancellation or rescission, or the failure to cancel or rescind, any motor vehicle registration and license plates for failure of the owner to verify or maintain motor vehicle liability insurance coverage.
3. Arises out of the issuance, denial, suspension or revocation of, or failure or refusal to issue, deny, suspend, or revoke a permit, license, certificate, approval, order or similar authorization.
4. Arises out of the failure to make an inspection, or the making of an inadequate inspection of any property, real or personal, other than the property of the governmental entity performing the inspection.
5. Arises out of any act or omission providing or failing to provide medical care to a prisoner or person in the custody of any city, county or state jail, detention center or correctional facility.
6. Arises out of a decision of the state commission of pardons and parole or its executive director when carrying out the business of the commission.
7. Arises out of a decision, act or omission of a city, county, the Idaho board of correction or Idaho department of correction when carrying out duties and responsibilities as set forth in chapter 8, title 20, Idaho Code.
8. Arises out of the operation of a sport shooting range as defined in section 6-2701, Idaho Code.
History:
[6-904B, added 1988, ch. 324, sec. 3, p. 984; am. 1998, ch. 327, sec. 3, p. 1057; am. 2001, ch. 335, sec. 10, p. 1191; am. 2009, ch. 195, sec. 2, p. 630.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-904C - DEFINITIONS.

6-904C. DEFINITIONS. For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows:
1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility would, with a minimum of contemplation, be inescapably drawn to recognize his or her duty to do or not do such act and that failing that duty shows deliberate indifference to the harmful consequences to others.
2. "Reckless, willful and wanton conduct" is present only when a person intentionally and knowingly does or fails to do an act creating unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.
History:
[6-904C, added 1988, ch. 324, sec. 4, p. 985.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-905 - FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME.

6-905. FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the secretary of state within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.
History:
[6-905, added 1971, ch. 150, sec. 5, p. 743; am. 1976, ch. 309, sec. 5, p. 1065; am. 1985, ch. 136, sec. 1, p. 373.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-906 - FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME.

6-906. FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME. All claims against a political subdivison [subdivision] arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.
History:
[6-906, added 1971, ch. 150, sec. 6, p. 743; am. 1976, ch. 309, sec. 6, p. 1065; am. 1985, ch. 136, sec. 2, p. 373.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-906A - TIME FOR FILING CLAIMS BY MINORS.

6-906A. TIME FOR FILING CLAIMS BY MINORS. (1) Except as provided in subsection (2) of this section, no person who is a minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after said person reaches the age of majority or six (6) years from the date the claim arose or should reasonably have been discovered, whichever is earlier.
(2) For any claim filed by or on behalf of a minor against a governmental entity or its employee in a child abuse case, as described in section 6-1701, Idaho Code, such claim shall be filed in accordance with the provisions of section 6-1704, Idaho Code.
History:
[6-906A, added 1985, ch. 77, sec. 1, p. 151; am. 1994, ch. 349, sec. 1, p. 1110; am. 2023, ch. 178, sec. 1, p. 481.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-907 - CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES.

6-907. CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES. All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six (6) months immediately prior to the time the claim arose. If the claimant is incapacitated from presenting and filing his claim within the time prescribed or if the claimant is a minor or if the claimant is a nonresident of the state and is absent during the time within which his claim is required to be filed, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. A claim filed under the provisions of this section shall not be held invalid or insufficient by reason of an inaccuracy in stating the time, place, nature or cause of the claim, or otherwise, unless it is shown that the governmental entity was in fact misled to its injury thereby.
History:
[6-907, added 1971, ch. 150, sec. 7, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-908 - RESTRICTION ON ALLOWANCE OF CLAIMS.

6-908. RESTRICTION ON ALLOWANCE OF CLAIMS. No claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act.
History:
[6-908, added 1971, ch. 150, sec. 8, p. 743; am. 1976, ch. 309, sec. 7, p. 1065.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-909 - TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT.

6-909. TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT. Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety (90) day period the governmental entity has failed to approve or deny the claim.
History:
[6-909, added 1971, ch. 150, sec. 9, p. 743; am. 1976, ch. 309, sec. 8, p. 1066; am. 1978, ch. 272, sec. 4, p. 633.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-910 - SUIT ON DENIED CLAIMS PERMITTED.

6-910. SUIT ON DENIED CLAIMS PERMITTED. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.
History:
[6-910, added 1971, ch. 150, sec. 10, p. 743; am. 1976, ch. 309, sec. 9, p. 1066.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-911 - LIMITATION OF ACTIONS.

6-911. LIMITATION OF ACTIONS. Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably should have been discovered, whichever is later.
History:
[6-911, added 1971, ch. 150, sec. 11, p. 743; am. 1976, ch. 309, sec. 10, p. 1066; am. 1985, ch. 136, sec. 3, p. 373.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-912 - COMPROMISE AND SETTLEMENT BY GOVERNING BODY.

6-912. COMPROMISE AND SETTLEMENT BY GOVERNING BODY. The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.
History:
[6-912, added 1971, ch. 150, sec. 12, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-913 - COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS.

6-913. COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS. The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.
History:
[6-913, added 1971, ch. 150, sec. 13, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-914 - JURISDICTION — RULES OF PROCEDURE.

6-914. JURISDICTION — RULES OF PROCEDURE. The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act.
History:
[6-914, added 1971, ch. 150, sec. 14, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-915 - VENUE.

6-915. VENUE. Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence.
Actions against a political subdivision or its employee shall be brought in the county in which the cause of action arose or in any county where the political subdivision is located.
History:
[6-915, added 1971, ch. 150, sec. 15, p. 743; am. 1976, ch. 309, sec. 11, p. 1066.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-916 - SERVICE OF SUMMONS.

6-916. SERVICE OF SUMMONS. In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process from serving any named defendant other than the governmental entity in compliance with other applicable statutes or rules of civil proceeding.
In all actions under this act against any employee wherein it is alleged that such employee was acting within the course and scope of his employment, a copy of the summons and complaint shall be served upon the governmental entity which is his employer.
History:
[6-916, added 1971, ch. 150, sec. 16, p. 743; am. 1976, ch. 309, sec. 12, p. 1067; am. 1978, ch. 272, sec. 5, p. 633.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-917 - RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE.

6-917. RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE. Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act or omission gave rise to the claim.
History:
[6-917, added 1971, ch. 150, sec. 17, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-918 - NO PUNITIVE DAMAGES.

6-918. NO PUNITIVE DAMAGES. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.
History:
[6-918, added 1971, ch. 150, sec. 18, p. 743; am. 1976, ch. 309, sec. 13, p. 1067.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-918A - ATTORNEYS’ FEES.

6-918A. ATTORNEYS’ FEES. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition therefor and a showing, by clear and convincing evidence, that the party against whom or which such award is sought was guilty of bad faith in the commencement, conduct, maintenance or defense of the action. In no case shall such attorney fee award or any combination or total of such awards, together with other costs and money judgment or judgments for damages exceed, in the aggregate, the limitations on liability fixed by section 6-926, Idaho Code. The right to recover attorney fees in legal actions for money damages that come within the purview of this act shall be governed exclusively by the provisions of this act and not by any other statute or rule of court, except as may be hereafter expressly and specifically provided or authorized by duly enacted statute of the state of Idaho.
History:
[6-918A, added 1978, ch. 272, sec. 6, p. 633.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-919 - LIABILITY INSURANCE FOR STATE — COMPREHENSIVE PLAN BY DIVISION OF INSURANCE MANAGEMENT.

6-919. LIABILITY INSURANCE FOR STATE — COMPREHENSIVE PLAN BY DIVISION OF INSURANCE MANAGEMENT. The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its employees from claims and civil lawsuits. He shall be responsible for the acquisition and administration of all liability insurance of the state or for the use of the retained risk account provided in section 67-5776, Idaho Code, to meet the obligations of the comprehensive liability plan.
The administrator shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive liability plan for the state providing liability coverage to the state and its employees in amounts not less than the minimum specified in section 6-924, Idaho Code. He shall have the authority to use the retained risk account provided in section 67-5776, Idaho Code, or to purchase, renew, cancel and modify all policies according to the comprehensive liability plan.
History:
[6-919, added 1971, ch. 150, sec. 19, p. 743; am. 1974, ch. 34, sec. 9, p. 988; am. 1974, ch. 252, sec. 7, p. 1674; am. 1976, ch. 310, sec. 1, p. 1069; am. 1980, ch. 106, sec. 1, p. 231.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-920 - LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT.

6-920. LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT. No state agency or institution other than the administrator of the division of insurance management in the department of administration may procure liability insurance under this act. All state agencies and institutions shall comply with this act and the comprehensive liability plan developed by the administrator of the division.
History:
[6-920, added 1971, ch. 150, sec. 20, p. 743; am. 1974, ch. 34, sec. 10, p. 988; am. 1974, ch. 252, sec. 8, p. 1674; am. 1976, ch. 310, sec. 2, p. 1070; am. 1980, ch. 106, sec. 2, p. 232.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-921 - APPORTIONMENT OF COST OF STATE PLAN.

6-921. APPORTIONMENT OF COST OF STATE PLAN. The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be paid to the departments.
History:
[6-921, added 1971, ch. 150, sec. 21, p. 743; am. 1974, ch. 34, sec. 11, p. 988; am. 1974, ch. 252, sec. 9, p. 1674; am. 1976, ch. 310, sec. 3, p. 1070; am. 1980, ch. 106, sec. 3, p. 232.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-922 - PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE.

6-922. PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumentality whose tortious conduct gave rise to the claim.
History:
[6-922, added 1971, ch. 150, sec. 22, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-923 - AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE.

6-923. AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE. All political subdivisions of the state shall have the authority to purchase the necessary liability insurance for themselves and their employees.
History:
[6-923, added 1971, ch. 150, sec. 23, p. 743; am. 1976, ch. 310, sec. 4, p. 1070.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-924 - POLICY LIMITS — MINIMUM REQUIREMENTS.

6-924. POLICY LIMITS — MINIMUM REQUIREMENTS. Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity or its employee to a limit of not less than five hundred thousand dollars ($500,000) for bodily or personal injury, death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants.
History:
[6-924, added 1971, ch. 150, sec. 24, p. 743; am. 1976, ch. 309, sec. 14, p. 1067; am. 1976, ch. 310, sec. 5, p. 1070; am. 1984, ch. 96, sec. 1, p. 221.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-925 - POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION.

6-925. POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION. Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in compliance with the requirements of the act, shall not be rendered invalid thereby, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider or indorsement been in full compliance with this act, provided the policy is otherwise valid. The section shall not be construed to prohibit any such insurance policy, rider or indorsements from containing standard and customary exclusions of coverages which the insurance commissioner deems to be reasonable and prudent upon considering the availability and the cost of such insurance coverages.
History:
[6-925, added 1971, ch. 150, sec. 25, p. 743.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-927 - TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN.

6-927. TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN. Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase of insurance or otherwise as herein authorized; provided, that the revenues derived therefrom may not be used for any other purpose.
History:
[6-927, added 1971, ch. 150, sec. 27, p. 743; am. 1976, ch. 310, sec. 7, p. 1071; am. 1980, ch. 136, sec. 1, p. 297; am. 1996, ch. 322, sec. 1, p. 1031.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-928 - TAX LEVY TO PAY CLAIM OR JUDGMENT.

6-928. TAX LEVY TO PAY CLAIM OR JUDGMENT. Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or judgment arising under the provisions of this act where the political subdivision has failed to purchase insurance or otherwise provide a comprehensive liability plan to cover a risk created under the provisions of this act.
History:
[6-928, added 1971, ch. 150, sec. 28, p. 743; am. 1976, ch. 310, sec. 8, p. 1072; am. 1980, ch. 136, sec. 2, p. 297; am. 1996, ch. 322, sec. 2, p. 1031.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES › Section 6-929 - LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN.

6-929. LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN. For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursuant to chapter 14, title 31, Idaho Code, or a county mutual fire insurance company organized pursuant to chapter 31, title 41, Idaho Code, or a volunteer fire association.
History:
[6-929, added 1989, ch. 254, sec. 1, p. 629.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1001 - HEARING PANEL FOR PRELITIGATION CONSIDERATION OF MEDICAL MALPRACTICE CLAIMS — PROCEDURE.

6-1001. HEARING PANEL FOR PRELITIGATION CONSIDERATION OF MEDICAL MALPRACTICE CLAIMS — PROCEDURE. The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state of Idaho, is directed to cooperate in providing a hearing panel in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho, which proceedings shall be informal and nonbinding, but nonetheless compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this act shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all such proceedings shall be expeditious and informal.
History:
[6-1001, added 1976, ch. 278, sec. 2, p. 954; am. 1990, ch. 213, sec. 5, p. 491; am. 2015, ch. 141, sec. 2, p. 380.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1002 - APPOINTMENT AND COMPOSITION OF HEARING PANEL.

6-1002. APPOINTMENT AND COMPOSITION OF HEARING PANEL. The board of medicine shall provide for and appoint an appropriate panel or panels to accept and hear complaints of such negligence and damages, made by or on behalf of any patient who is an alleged victim of such negligence. Said panels, shall include one (1) person who is licensed to practice medicine in the state of Idaho. In cases involving claims against hospitals, one (1) additional member shall be a then serving administrator of a licensed acute care general hospital in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or hospital employee but who shall be a responsible adult citizen of Idaho. All panelists shall serve under oath that they are without bias or conflict of interest as respects any matter under consideration.
History:
[6-1002, added 1976, ch. 278, sec. 3, p. 954.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1003 - INFORMAL PROCEEDINGS.

6-1003. INFORMAL PROCEEDINGS. There shall be no record of such proceedings and all evidence, documents and exhibits shall, at the close thereof, be returned to the parties or witnesses from whom the same were secured. The hearing panel shall have the authority to issue subpoenas and to administer oaths; provided, the parties requesting the presentation of such proof shall provide the funds required to tender witness fees and mileage as provided in proceedings in district courts. Except upon special order of the panel, and for good cause shown demonstrating extraordinary circumstances, there shall be no discovery or perpetuation of testimony in said proceedings.
History:
[6-1003, added 1976, ch. 278, sec. 4, p. 954.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1004 - ADVISORY DECISIONS OF PANEL.

6-1004. ADVISORY DECISIONS OF PANEL. At the close of proceedings the panel, by majority and minority reports or by unanimous report, as the case may be, shall provide the parties its comments and observations with respect to the dispute, indicating whether the matter appears to be frivolous, meritorious or of any other particular description. If the panel is unanimous with respect to an amount of money in damages that in its opinion should fairly be offered or accepted in settlement, it may so advise the parties and affected insurers or third-party payors having subrogation, indemnity or other interest in the matter.
History:
[6-1004, added 1976, ch. 278, sec. 5, p. 954.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1005 - TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS.

6-1005. TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS. There shall be no judicial or other review or appeal of such matters. No party shall be obliged to comply with or otherwise [be] affected or prejudiced by the proposals, conclusions or suggestions of the panel or any member or segment thereof; however, in the interest of due consideration being given to such proceedings and in the interest of encouraging consideration of claims informally and without the necessity of litigation, the applicable statute of limitations shall be tolled and not be deemed to run during the time that such a claim is pending before such a panel and for thirty (30) days thereafter.
History:
[6-1005, added 1976, ch. 278, sec. 6, p. 955.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1006 - STAY OF OTHER COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE PANEL.

6-1006. STAY OF OTHER COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE PANEL. During said thirty (30) day period neither party shall commence or prosecute litigation involving the issues submitted to the panel and the district or other courts having jurisdiction of any pending such claims shall stay proceedings in the interest of the conduct of such proceedings before the panel.
History:
[6-1006, added 1976, ch. 278, sec. 7, p. 955.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1007 - SERVICE OF CLAIM ON ACCUSED PROVIDER OF HEALTH CARE.

6-1007. SERVICE OF CLAIM ON ACCUSED PROVIDER OF HEALTH CARE. At the commencement of such proceedings and reasonably in advance of any hearing or testimony, the accused provider of health care in all cases shall be served a true copy of the claim to be processed which claim shall set forth in writing and in general terms, when, where and under what circumstances the health care in question allegedly was improperly provided or withheld and the general and special damages attributed thereto.
History:
[6-1007, added 1976, ch. 278, sec. 8, p. 955.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1008 - CONFIDENTIALITY OF PROCEEDINGS.

6-1008. CONFIDENTIALITY OF PROCEEDINGS. Neither party shall be entitled, except upon special order of the panel, to attend and participate in the proceedings which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and closed to public observation at all times, except during the giving of his or her own testimony or presentation of argument of his or her position, whether by counsel or personally; nor shall there be cross-examination, rebuttal or other customary formalities of civil trials and court proceedings. The panel itself may, however, initiate requests for special or supplemental participation, in particular respects and of some or all parties; and communications between the panel and the parties, excepting only the parties’ own testimony on the merits of the dispute, shall be fully disclosed to all other parties.
History:
[6-1008, added 1976, ch. 278, sec. 9, p. 955; am. 1990, ch. 213, sec. 6, p. 491; am. 2015, ch. 141, sec. 3, p. 380.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1009 - REPRESENTATION OF PARTIES BY COUNSEL.

6-1009. REPRESENTATION OF PARTIES BY COUNSEL. Parties may be represented by counsel in proceedings before such panels, though it shall not be required.
History:
[6-1009, added 1976, ch. 278, sec. 10, p. 956.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1010 - FEES FOR PANEL MEMBERS.

6-1010. FEES FOR PANEL MEMBERS. The Idaho state board of medicine shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and privileged.
History:
[6-1010, added 1976, ch. 278, sec. 11, p. 956; am. 1979, ch. 177, sec. 1, p. 529; am. 1990, ch. 213, sec. 7, p. 492; am. 2015, ch. 141, sec. 4, p. 380; am. 2021, ch. 224, sec. 25, p. 669.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1011 - LIMIT ON DURATION OF PROCEEDINGS — PANEL’S JURISDICTION.

6-1011. LIMIT ON DURATION OF PROCEEDINGS — PANEL’S JURISDICTION. There shall be no repeat or reopening of panel proceedings. In no case shall a panel retain jurisdiction of any such claim in excess of ninety (90) days from date of commencement of proceedings. If at the end of such ninety (90) day period the panel is unable to decide the issues before it, it shall summarily conclude the proceedings and the members may informally, by written communication, express to the parties their joint and several impressions and conclusions, if any, albeit the same may be tentative or based upon admittedly incomplete consideration; provided, by written agreement of all parties the jurisdiction of the panel, if it concurs therein, may be extended and the proceeding carried on for additional periods of thirty (30) days.
History:
[6-1011, added 1976, ch. 278, sec. 12, p. 956]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1012 - PROOF OF COMMUNITY STANDARD OF HEALTH CARE PRACTICE IN MALPRACTICE CASE.

6-1012. PROOF OF COMMUNITY STANDARD OF HEALTH CARE PRACTICE IN MALPRACTICE CASE. In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care, including, without limitation, any dentist, physicians’ assistant, nurse practitioner, registered nurse, licensed practical nurse, nurse anesthetist, medical technologist, physical therapist, hospital or nursing home, or any person vicariously liable for the negligence of them or any of them, on account of the provision of or failure to provide health care or on account of any matter incidental or related thereto, such claimant or plaintiff must, as an essential part of his or her case in chief, affirmatively prove by direct expert testimony and by a preponderance of all the competent evidence, that such defendant then and there negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided, as such standard existed at the time and place of the alleged negligence of such physician and surgeon, hospital or other such health care provider and as such standard then and there existed with respect to the class of health care provider that such defendant then and there belonged to and in which capacity he, she or it was functioning. Such individual providers of health care shall be judged in such cases in comparison with similarly trained and qualified providers of the same class in the same community, taking into account his or her training, experience, and fields of medical specialization, if any. If there be no other like provider in the community and the standard of practice is therefore indeterminable, evidence of such standard in similar Idaho communities at said time may be considered. As used in this act, the term "community" refers to that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.
History:
[6-1012, added 1976, ch. 277, sec. 2, p. 951.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1013 - TESTIMONY OF EXPERT WITNESS ON COMMUNITY STANDARD.

6-1013. TESTIMONY OF EXPERT WITNESS ON COMMUNITY STANDARD. The applicable standard of practice and such a defendant’s failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and such expert testimony may only be admitted in evidence if the foundation therefor is first laid, establishing (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed; provided, this section shall not be construed to prohibit or otherwise preclude a competent expert witness who resides elsewhere from adequately familiarizing himself with the standards and practices of (a particular) such area and thereafter giving opinion testimony in such a trial.
History:
[6-1013, added 1976, ch. 277, sec. 3, p. 952.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 10 - MEDICAL MALPRACTICE › Section 6-1014 - PATIENT PROTECTION AND AFFORDABLE CARE ACT AND OTHER METRICS NOT USED TO ESTABLISH COMMUNITY STANDARD.

6-1014. PATIENT PROTECTION AND AFFORDABLE CARE ACT AND OTHER METRICS NOT USED TO ESTABLISH COMMUNITY STANDARD. (1) In determining whether a health care practitioner has met a standard of care under this chapter or under any other Idaho statute, no criteria, guideline, standard or other metric established or imposed by the patient protection and affordable care act (PPACA), P.L. 111-148, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor, shall be used as a basis for establishing an applicable community standard of care. The fact that a health care practitioner has met or failed to meet any such criteria, guideline, standard or other metric shall not be admissible or considered by a finder of fact in any proceeding or other action concerning a determination of liability of a health care practitioner to a patient or other party seeking damages on account of an injury to a patient or in any proceeding or other action of a state licensing or regulatory authority imposing professional discipline for failure of a health care practitioner to meet the applicable standard of care.
(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall prevent the consideration of facts that establish compliance or lack of compliance with a community standard of care, so long as the facts considered do not include reference to any criteria, guideline, standard or other metric imposed by the PPACA, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor.
(3) For the purposes of this section, the following definitions shall apply:
(a) "Health care practitioner" means a person licensed, registered or otherwise authorized under title 54, Idaho Code, to provide services relating to the prevention, cure or treatment of illness, injury or disease.
(b) "Third party payor" means any entity subject to the jurisdiction of the department of insurance under title 41, Idaho Code, and also includes any federal, state or local government entity and its contractors making payments or administering any plan or program paying for health care services.
History:
[6-1014, added 2014, ch. 346, sec. 1, p. 867.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1101 - LEGISLATIVE PURPOSE.

6-1101. LEGISLATIVE PURPOSE. The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operation, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury, and to define those risks which the skier expressly assumes and for which there can be no recovery.
History:
[6-1101, added 1979, ch. 270, sec. 1, p. 701.]