reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1002 - DEPARTMENT OF HEALTH AND WELFARE — CREATION — ADMINISTRATIVE REGIONS.

56-1002. DEPARTMENT OF HEALTH AND WELFARE — CREATION — ADMINISTRATIVE REGIONS. (1) There is created and established in the state government a department of health and welfare which shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed by and serve at the pleasure of the governor, with the advice and consent of the senate.
(2) The department shall be organized into such administrative and general services divisions as may be necessary in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appointed by and serve at the pleasure of the director with the concurrence of the board.
(3) In order to provide more effective and economical access to the state health and social services by the people of Idaho, the governor is hereby authorized to establish substate administrative regions. In the designation of these regions specific consideration shall be given to the geographic and economic convenience of the citizens included therein. Each substate administrative region shall be headed by a regional director who shall be appointed by and serve at the pleasure of the director with the concurrence of the board.
History:
[56-1002, added 2000, ch. 132, sec. 38, p. 347.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1004 - DIRECTOR — ADDITIONAL POWERS AND DUTIES.

56-1004. DIRECTOR — ADDITIONAL POWERS AND DUTIES. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position:
(a) Prescribe such rules as may be necessary for the administration of the department, the conduct and duties of the employees, the orderly and efficient management of department business, and the custody, use and preservation of department records, papers, books and property belonging to the state;
(b) Employ such personnel as may be deemed necessary, prescribe their duties and fix their compensation within the limits provided by the state personnel system law;
(c) Administer oaths for all purposes required in the discharge of his duties;
(d) Prescribe the qualifications of all personnel of the department on a nonpartisan merit basis, in accordance with the Idaho personnel system law, provided however, that the administrators in charge of any division of the department, and the administrators in charge of the state hospital north, state hospital south, state hospital west, and southwest Idaho treatment center shall serve at the pleasure of the director;
(e) Create such units, sections and subdivisions as are or may be necessary for the proper and efficient functioning of the department.
(2) The department is empowered to acquire, by purchase, lease or exchange, any property which in the judgment of the department is needful for the operation of the facilities and programs for which it is responsible and to dispose of, by sale, lease or exchange, any property which in the judgment of the department is not needful for the operation of the same.
History:
[56-1004, added 2000, ch. 132, sec. 38, p. 349; am. 2009, ch. 15, sec. 1, p. 41; am. 2011, ch. 102, sec. 4, p. 262; am. 2022, ch. 60, sec. 5, p. 188.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1006 - TITLE SUPERSEDED.

56-1006. TITLE SUPERSEDED. Except with respect to environmental protection functions, wherever the words "board of health" appear in the Idaho Code, they shall mean the board of health and welfare, and wherever the words "administrator of health" appear in the Idaho Code, they shall mean the director of the department of health and welfare, and wherever the words "department of health" appear in the Idaho Code, they shall mean the department of health and welfare.
History:
[56-1006, added 2000, ch. 132, sec. 38, p. 351.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1007 - COLLECTION OF FEES FOR SERVICES.

56-1007. COLLECTION OF FEES FOR SERVICES. The department of health and welfare is hereby authorized to charge and collect reasonable fees, established by rule, for any service rendered by the department. The fee may be determined by a sliding scale according to income or available assets. The department is hereby authorized to require information concerning the total income and assets of each person receiving services in order to determine the amount of the fee to be charged.
History:
[56-1007, added 2000, ch. 132, sec. 38, p. 351.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1008 - CRIMINAL VIOLATION — PENALTY.

56-1008. CRIMINAL VIOLATION — PENALTY. Any person who willfully or negligently violates any of the provisions of the public health laws or the terms of any lawful notice, order, permit, standard, or rule issued pursuant thereto, shall be guilty of a misdemeanor.
History:
[56-1008, added 2000, ch. 132, sec. 38, p. 351.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1010 - COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL.

56-1010. COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 56-1009, Idaho Code, and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. In addition, when deemed by the director to be necessary, the director may retain or employ private counsel. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.
History:
[56-1010, added 2001, ch. 110, sec. 3, p. 377.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1011 - EMERGENCY MEDICAL SERVICES — STATEMENT OF INTENT.

56-1011. EMERGENCY MEDICAL SERVICES — STATEMENT OF INTENT. It is the purpose of the legislature of the state of Idaho in the adoption of sections 56-1011 through 56-1023, Idaho Code, to recognize the importance of the delivery of emergency medical services and to provide reasonable regulation of the same. For this purpose, the provisions of section 54-1804, Idaho Code, shall not be so construed as to prohibit or penalize emergency medical services rendered by a person authorized to render emergency medical services by sections 56-1011 through 56-1023, Idaho Code, if such emergency medical service is rendered under the responsible supervision and control of a licensed physician.
History:
[(56-1011) (39-139) 39-140, added 1976, ch. 187, sec. 1, p. 674; am. and redesig. 1996, ch. 26, sec. 2, p. 61; am. and redesig. 2001, ch. 110, sec. 4, p. 377; am. 2009, ch. 189, sec. 1, p. 611; am. 2010, ch. 79, sec. 34, p. 155.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013 - AUTHORIZED ACTIONS.

56-1013. AUTHORIZED ACTIONS. Persons licensed by the EMS bureau shall be authorized to perform such acts under written or oral authorization of a licensed physician as shall be established by rules of the commission, including, but not limited to, administration of intravenous solutions and drugs, cardiac defibrillation, airway management, endotracheal intubation, community health emergency medical services and other patient care.
History:
[(56-1013) 39-141, added 1996, ch. 26, sec. 4, p. 63; am. and redesig. 2001, ch. 110, sec. 6, p. 379; am. 2006, ch. 421, sec. 2, p. 1303; am. 2009, ch. 189, sec. 3, p. 614; am. 2015, ch. 157, sec. 4, p. 552.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013B - RECOGNITION OF EMS PERSONNEL LICENSURE INTERSTATE COMPACT (REPLICA).

56-1013B. RECOGNITION OF EMS PERSONNEL LICENSURE INTERSTATE COMPACT (REPLICA). The recognition of EMS personnel licensure interstate compact (REPLICA) is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows in sections 56-1013C through 56-1013Q, Idaho Code.
History:
[56-1013B, added 2016, ch. 60, sec. 1, p. 183.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013C - PURPOSE.

56-1013C. PURPOSE. In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:
(1) Increase public access to EMS personnel;
(2) Enhance the states’ ability to protect the public’s health and safety, especially patient safety;
(3) Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;
(4) Support licensing of military members who are separating from an active duty tour and their spouses;
(5) Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;
(6) Promote compliance with the laws governing EMS personnel practice in each member state; and
(7) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.
History:
[56-1013C, added 2016, ch. 60, sec. 1, p. 183.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013E - HOME STATE LICENSURE.

56-1013E. HOME STATE LICENSURE. (1) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.
(2) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.
(3) A home state’s license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:
(a) Currently requires the use of the national registry of emergency medical technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;
(b) Has a mechanism in place for receiving and investigating complaints about individuals;
(c) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;
(d) No later than five (5) years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202 and submit documentation of such as promulgated in the rules of the commission; and
(e) Complies with the rules of the commission.
History:
[56-1013E, added 2016, ch. 60, sec. 1, p. 185.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013F - COMPACT PRIVILEGE TO PRACTICE.

56-1013F. COMPACT PRIVILEGE TO PRACTICE. (1) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with section 56-1013E, Idaho Code.
(2) To exercise the privilege to practice under the terms and provisions of this compact, an individual must:
(a) Be at least eighteen (18) years of age;
(b) Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and
(c) Practice under the supervision of a medical director.
(3) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.
(4) Except as provided in this section, an individual practicing in a remote state will be subject to the remote state’s authority and laws. A remote state may, in accordance with due process and that state’s laws, restrict, suspend or revoke an individual’s privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the commission.
(5) If an individual’s license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.
(6) If an individual’s privilege to practice in any remote state is restricted, suspended or revoked, the individual shall not be eligible to practice in any remote state until the individual’s privilege to practice is restored.
History:
[56-1013F, added 2016, ch. 60, sec. 1, p. 185.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013G - CONDITIONS OF PRACTICE IN A REMOTE STATE.

56-1013G. CONDITIONS OF PRACTICE IN A REMOTE STATE. An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:
(1) The individual originates a patient transport in a home state and transports the patient to a remote state;
(2) The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;
(3) The individual enters a remote state to provide patient care and/or transport within that remote state;
(4) The individual enters a remote state to pick up a patient and provide care and transport to a third member state;
(5) Other conditions as determined by rules promulgated by the commission.
History:
[56-1013G, added 2016, ch. 60, sec. 1, p. 186.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013H - RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

56-1013H. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT. Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the emergency management assistance compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.
History:
[56-1013H, added 2016, ch. 60, sec. 1, p. 186.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013I - VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY AND THEIR SPOUSES.

56-1013I. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY AND THEIR SPOUSES. (1) Member states shall consider a veteran, active military service member, and member of the national guard and reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.
(2) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the national guard and reserves separating from an active duty tour, and their spouses.
(3) All individuals functioning with a privilege to practice under this section remain subject to the adverse actions provisions of section 56-1013J, Idaho Code.
History:
[56-1013I, added 2016, ch. 60, sec. 1, p. 186.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013J - ADVERSE ACTIONS.

56-1013J. ADVERSE ACTIONS. (1) A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state.
(2) If an individual’s license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.
(a) All home state adverse action orders shall include a statement that the individual’s compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.
(b) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.
(3) A member state shall report adverse actions and any occurrences that the individual’s compact privileges are restricted, suspended or revoked to the commission in accordance with the rules of the commission.
(4) A remote state may take adverse action on an individual’s privilege to practice within that state.
(5) Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
(6) A home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state’s law shall control in determining the appropriate adverse action.
(7) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
History:
[56-1013J, added 2016, ch. 60, sec. 1, p. 186.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013K - ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY.

56-1013K. ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY. A member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:
(1) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
(2) Issue cease and desist orders to restrict, suspend or revoke an individual’s privilege to practice in the state.
History:
[56-1013K, added 2016, ch. 60, sec. 1, p. 187.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013M - COORDINATED DATABASE.

56-1013M. COORDINATED DATABASE. (1) The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action and significant investigatory information on all licensed individuals in member states.
(2) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(a) Identifying information;
(b) Licensure data;
(c) Significant investigatory information;
(d) Adverse actions against an individual’s license;
(e) An indicator that an individual’s privilege to practice is restricted, suspended or revoked;
(f) Nonconfidential information related to alternative program participation;
(g) Any denial of application for licensure, and the reason(s) for such denial; and
(h) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(3) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.
(4) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.
(5) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
History:
[56-1013M, added 2016, ch. 60, sec. 1, p. 191.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013P - DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT.

56-1013P. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT. (1) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(2) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(3) Any member state may withdraw from this compact by enacting a statute repealing the same.
(a) A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(b) Withdrawal shall not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(4) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(5) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
History:
[56-1013P, added 2016, ch. 60, sec. 1, p. 194.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1013Q - CONSTRUCTION AND SEVERABILITY.

56-1013Q. CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.
History:
[56-1013Q, added 2016, ch. 60, sec. 1, p. 195.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1014 - LIABILITY.

56-1014. LIABILITY. (1) No act or omission of any person who is duly licensed under sections 56-1011 through 56-1023, Idaho Code, by the EMS bureau done or omitted in good faith while rendering emergency medical services to a person or persons who are perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury shall impose any liability upon those personnel, the supervising physician, the hospital, the organization providing the service, or upon a federal, state, county, city or other local governmental unit, or upon employees of such governmental unit, unless such provider of care or such personnel be shown to have caused injury and damages to such person or persons as a proximate result of his, her or their reckless or grossly negligent misconduct, which shall be the sole grounds for civil liability of such persons in the provision of care or assistance under sections 56-1011 through 56-1023, Idaho Code, regardless of the circumstance under which such care or assistance may be provided. This section shall not relieve the organization or agency operating the service from the duty of securing, maintaining and operating, the equipment and licensure designated for use in performing the emergency medical services.
(2) The provisions of subsection (1) of this section shall apply to licensed personnel of another state of the United States who enter this state in response to an emergency to render emergency medical services to a person who is perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
(3) No act or omission of any person authorized under this chapter to provide community health emergency medical services shall impose any liability upon such person or the person’s agency or supervising physician where the act or omission occurs in the course of providing authorized services and is done or omitted in good faith, unless the person is shown to have caused injury as a result of reckless or grossly negligent misconduct.
History:
[(56-1014) 39-142, added 1976, ch. 187, sec. 3, p. 676; am. 1996, ch. 26, sec. 5, p. 64; am. and redesig. 2001, ch. 110, sec. 7, p. 380; am. 2009, ch. 189, sec. 5, p. 615; am. 2010, ch. 138, sec. 3, p. 293; am. 2015, ch. 157, sec. 5, p. 553.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1015 - FAILURE TO OBTAIN CONSENT.

56-1015. FAILURE TO OBTAIN CONSENT. No person licensed under sections 56-1011 through 56-1023, Idaho Code, or physician or hospital licensed in this state shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual regardless of age where that individual is unable to give this consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care, provided, however, that such person, physician, or hospital has acted in good faith and without knowledge of facts negating consent. The provision or refusal of consent under sections 56-1011 through 56-1023, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.
History:
[(56-1015) 39-143, added 1976, ch. 187, sec. 4, p. 674; am. 1996, ch. 26, sec. 6, p. 61; am. and redesig. 2001, ch. 110, sec. 8, p. 373; am. 2005, ch. 120, sec. 7, p. 393; am. 2009, ch. 189, sec. 6, p. 616.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1018 - EMERGENCY MEDICAL SERVICES FUND.

56-1018. EMERGENCY MEDICAL SERVICES FUND. There is hereby created in the dedicated fund of the state treasury a fund known as the "Emergency Medical Services Fund." Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purposes of emergency medical services training, communications, vehicle and equipment grants, and other programs furthering the goals of highway safety and emergency response providing medical services at motor vehicle accidents.
History:
[(56-1018) 39-146, added 1981, ch. 221, sec. 2, p. 412; am. and redesig. 2001, ch. 110, sec. 11, p. 381.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1018A - EMERGENCY MEDICAL SERVICES FUND II.

56-1018A. EMERGENCY MEDICAL SERVICES FUND II. There is hereby created in the dedicated fund of the state treasury a fund known as the emergency medical services fund II. Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purposes of emergency medical services.
History:
[(56-1018A) 39-146A, added 1981, ch. 221, sec. 2, p. 412; am. and redesig. 2001, ch. 110, sec. 12, p. 382.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1018B - EMERGENCY MEDICAL SERVICES FUND III.

56-1018B. EMERGENCY MEDICAL SERVICES FUND III. (1) There is hereby created in the dedicated fund of the state treasury a fund known as the emergency medical services fund III. Subject to appropriation by the legislature, moneys in the fund shall be used for acquiring vehicles and equipment, training, licensing expenses, communication technology, dispatch services, and costs, not to include personnel salaries, associated with assuring the performance of planned coverage and emergency response, including highway safety and emergency response to motor vehicle accidents.
(2) The bureau of emergency medical services of the department of health and welfare shall be responsible for distributing moneys from the fund to qualifying nonprofit and governmental entities that submit an application for a grant from the fund. The bureau shall approve grants based on the following criteria:
(a) The requesting entity is a nonprofit or governmental entity that holds a current license as an ambulance or nontransport service issued by the state of Idaho;
(b) The requesting entity has demonstrated need based on criteria established by the bureau;
(c) The requesting entity has provided verification that it has received the approval and endorsement of a fire district or city or county within its service area;
(d) The requesting entity has certified that the title to any vehicle purchased with funds from the fund shall be in the name of the fire district or city or county that endorsed the application and shall submit proof of titling as soon as practicable;
(e) The state of Idaho shall retain a security interest in the vehicle to secure the performance of the grant recipient to utilize the vehicle consistent with the intent described in the application.
(3) Notwithstanding the requirements of subsection (2)(c) and (d) of this section, the bureau of emergency medical services is authorized to approve and issue a grant to an applicant in the absence of an endorsement if the endorsement is withheld without adequate justification.
History:
[(56-1018B) 39-146B, added 1999, ch. 360, sec. 1, p. 951; am. and redesig. 2001, ch. 110, sec. 13, p. 382; am. 2018, ch. 168, sec. 3, p. 343; am. 2022, ch. 84, sec. 1, p. 248.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1019 - SERVICES TO VICTIMS OF CYSTIC FIBROSIS.

56-1019. SERVICES TO VICTIMS OF CYSTIC FIBROSIS. The department of health and welfare shall establish, through the crippled children’s program, a program of services to persons suffering from cystic fibrosis who are twenty-one (21) years or more of age. The department shall establish uniform standards of financial eligibility for services provided under this section.
History:
[(56-1019) 39-147, added 1978, ch. 334, sec. 2, p. 863; am. 1986, ch. 38, sec. 1, p. 121; am. and redesig. 2001, ch. 110, sec. 14, p. 383.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1020 - PENALTIES FOR PERSONNEL LICENSE VIOLATIONS.

56-1020. PENALTIES FOR PERSONNEL LICENSE VIOLATIONS. Any person who practices or attempts to practice EMS as a licensed provider of emergency care as provided for in sections 56-1011 through 56-1023, Idaho Code, without having at the time of so doing a valid, unexpired, unrestricted, unrevoked and unsuspended license issued by the EMS bureau under sections 56-1011 through 56-1023, Idaho Code, shall be guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than six (6) months, or both, for each violation. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the alleged violation, the attorney general is authorized to prosecute the alleged violation.
History:
[56-1020, added 2009, ch. 189, sec. 8, p. 617.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1021 - PENALTIES FOR AGENCY LICENSE VIOLATIONS.

56-1021. PENALTIES FOR AGENCY LICENSE VIOLATIONS. Any person establishing, conducting, managing or operating any agency as provided for in sections 56-1011 through 56-1023, Idaho Code, without a license issued by the EMS bureau under sections 56-1011 through 56-1023, Idaho Code, shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both. Each day of continuing violation shall constitute a separate offense. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the alleged violation, the attorney general is authorized to prosecute the alleged violation.
History:
[56-1021, added 2009, ch. 189, sec. 8, p. 617.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1022 - PERSONNEL AND AGENCIES LICENSURE ACTIONS — GROUNDS — PROCEDURE.

56-1022. PERSONNEL AND AGENCIES LICENSURE ACTIONS — GROUNDS — PROCEDURE. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the EMS bureau, upon recommendation of the commission, may deny a license or refuse to renew a license for a person, or may suspend or revoke a license or may impose probationary conditions if the holder of a license or the applicant for a license has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such unprofessional conduct includes, but is not limited to:
(a) Obtaining a license by means of fraud, misrepresentation or concealment of a material fact;
(b) Being found guilty of unprofessional conduct as defined by rule established by the board;
(c) Being convicted of a crime which would have a direct and adverse bearing on the licensee’s ability to practice or perform emergency medical care competently;
(d) The unauthorized practice of medicine;
(e) Violating any provisions of sections 56-1011 through 56-1023, Idaho Code, or any of the rules established by the board or the commission thereunder; or
(f) Being found mentally incompetent by a court of competent jurisdiction.
(2) Subject to the provisions of chapter 52, title 67, Idaho Code, the EMS bureau may deny, revoke or refuse to renew a license of an agency, or may impose probationary conditions or fines as a condition of an agency’s ability to retain a license in accordance with board rule.
(3) A denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the EMS bureau after opportunity for a hearing in a manner provided by rule established by the board. An application for reinstatement may be filed with the EMS bureau one (1) year from the date of license revocation. In the event a timely application is filed, the EMS bureau shall:
(a) Hold a hearing to consider such reinstatement; and
(b) Accept or reject the application for reinstatement.
History:
[56-1022, added 2009, ch. 189, sec. 8, p. 618.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1023 - RULES.

56-1023. RULES. (1) The commission is authorized and directed to adopt appropriate rules defining the allowable scope of practice and acts and duties which can be performed by persons licensed by the EMS bureau and the required level of supervision by a licensed physician.
(2) The board is authorized and directed to adopt appropriate rules and standards concerning the administration of sections 56-1011 through 56-1022 and this section, Idaho Code, including criteria for educational programs, certification and licensure of personnel, certification of EMS instructors, licensure of ambulance, air medical and nontransport services, manufacturing standards for ambulances and nontransport vehicles, criteria for the use of air medical services by licensed EMS personnel at emergency scenes, establishment of fees for training, inspections and licensure, appropriate requirements for renewal of licensure of personnel and agencies and the management of complaints, investigations and license actions against licensed EMS personnel and agencies. The rules of the board must be consistent with the rules adopted by the commission.
(3) Additionally, the department shall develop guidelines, standards and procedures for reducing exposure to pathogens from human blood, tissue or fluids. Such guidelines, standards and procedures shall be made available to all law enforcement personnel, all emergency medical services personnel and agencies, and such other emergency personnel who request such information.
History:
[(56-1023) 56-1017, 39-145, added 1976, ch. 187, sec. 6, p. 678; am. 1988, ch. 16, sec. 1, p. 19; am. 1996, ch. 26, sec. 8, p. 65; am. and redesig. 2001, ch. 110, sec. 10, p. 381; am. 2004, ch. 362, sec. 1, p. 1082; am. 2006, ch. 421, sec. 5, p. 1305; am. 2007, ch. 306, sec. 2, p. 858; am. and redesig. 2009, ch. 189, sec. 9, p. 618.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1024 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT.

56-1024. IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT. Time sensitive emergencies, specifically blunt trauma injuries, strokes and heart attacks, were three (3) of the top five (5) causes of deaths in Idaho in 2011. Numerous studies throughout the United States have demonstrated that organized systems of care improve patient outcomes, thus reducing the frequency of preventable death and improving the functional status of the patient. The institute of medicine’s report "Hospital-Based Emergency Care: At the Breaking Point" recommended improving the care of critical illness through regionalization by transporting critically ill patients to designated specialized care centers when appropriate. Early treatment and transfer when necessary will save the lives of Idahoans stricken with these emergency conditions. Trauma systems of care are well understood as they have existed in many other states for decades. It is the intent of this legislation to create an integrated and responsive system of care for Idaho citizens. The trauma component will serve as the initial framework in a deliberate, incremental implementation approach for a comprehensive system of care for time sensitive emergencies in Idaho. The time sensitive emergency system in Idaho is intended to be voluntary and inclusive. The system will be designed such that all facilities, and in particular critical access hospitals, have the opportunity to participate. No facility shall be excluded from receiving medically appropriate patients based solely on the facility’s decision of not seeking designation.
History:
[56-1024, added 2014, ch. 147, sec. 1, p. 403.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1025 - DEFINITIONS.

56-1025. DEFINITIONS. As used in sections 56-1024 through 56-1030, Idaho Code:
(1) "EMS agency" means any organization licensed by the EMS bureau that operates an air medical service, ambulance service or nontransport service.
(2) "EMS bureau" means the bureau of emergency medical services of the department of health and welfare.
(3) "Council" means the Idaho time sensitive emergency system council.
(4) "TSE" means time sensitive emergency, specifically trauma, stroke and heart attack.
History:
[56-1025, added 2014, ch. 147, sec. 2, p. 403.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1026 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION.

56-1026. IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION. There is hereby created a voluntary time sensitive emergency system within the department of health and welfare.
History:
[56-1026, added 2014, ch. 147, sec. 3, p. 403.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1028 - IDAHO TIME SENSITIVE EMERGENCY SYSTEM COUNCIL — DUTIES — RULEMAKING.

56-1028. IDAHO TIME SENSITIVE EMERGENCY SYSTEM COUNCIL — DUTIES — RULEMAKING. The duties of the council shall be as follows:
(1) Develop, implement and monitor a voluntary statewide system that includes trauma, stroke and heart attack facilities;
(2) Provide oversight of the system, assuring adherence to standards established by the council;
(3) Establish substate system regions that provide more effective access to the system. In the designation of these regions, specific consideration shall be given to geography and patient referral patterns for the facilities and agencies included therein;
(4) Establish a regional TSE committee in each substate region;
(5) Develop the standards and criteria that each participating facility that voluntarily applies is required to meet concerning personnel, equipment, resources, data collection and organizational capabilities to obtain or maintain designation;
(6) Develop procedures for and the duration of the designation of a trauma, stroke or heart attack facility, including application procedures, verification procedures, investigation of complaints pertaining to designation and emergency suspension or revocation of designation;
(7) Develop operational procedures for the regional TSE committees;
(8) Facilitate the implementation of nationally accepted standards throughout the voluntary system;
(9) Set procedures for the acquisition of data needed to successfully manage the system;
(10) Promulgate rules to fulfill the purpose of this act; and
(11) Collaborate and cooperate with the EMS bureau, the EMS physician commission, local governments, local EMS agencies and associations to address recruitment and retention concerns of local EMS providers.
History:
[56-1028, added 2014, ch. 147, sec. 5, p. 405.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 10 - DEPARTMENT OF HEALTH AND WELFARE › Section 56-1030 - REGIONAL TIME SENSITIVE EMERGENCY COMMITTEES — MEMBERSHIP — DUTIES.

56-1030. REGIONAL TIME SENSITIVE EMERGENCY COMMITTEES — MEMBERSHIP — DUTIES. (1) Pursuant to section 56-1028(4), Idaho Code, each substate region designated by the council shall have a time sensitive emergency committee.
(2) Membership of each regional TSE committee shall be based on the needs of the region and can be modified as the regional TSE committee determines, but each regional committee shall be initially comprised as follows:
(a) Each facility that is designated or is seeking designation by the council as a trauma center, stroke facility or heart attack facility may appoint one (1) representative for each of the designations that the facility holds or is seeking to hold to the regional committee for the region in which the facility is located;
(b) Each air medical EMS agency that provides patient transport within the region may appoint one (1) representative;
(c) Each hospital that either holds or is seeking Idaho trauma, stroke or heart attack designation may appoint the hospital administrator;
(d) Each EMS agency with a response area in the region may appoint one (1) representative; and
(e) The regional committee shall include a pediatrician or an expert in children’s trauma.
(3) Members of a regional committee shall elect a chair to serve a term of two (2) years.
(4) The duties of each regional committee shall be as follows:
(a) Implement care guidelines, policies, procedures and protocols for the regional TSE system;
(b) Conduct regional quality improvement, including receipt of reports prepared by the council containing trauma, stroke and heart attack data and making recommendations to facilities within the region based upon those reports;
(c) Advise the council concerning the statewide system;
(d) Establish trauma, stroke and heart attack education and prevention programs;
(e) Provide advice concerning trauma, stroke and heart attack care to health care facilities and other providers of health care;
(f) Perform other duties required by Idaho code and council rules; and
(g) Conduct other activities needed to ensure optimal delivery of trauma, stroke and heart attack care services within the region.
History:
[56-1030, added 2014, ch. 147, sec. 7, p. 406.]