reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3903 - SCOPE OF PRACTICE.

54-3903. SCOPE OF PRACTICE. The scope of practice of athletic trainers under the direction of the designated Idaho licensed physician, registered with the board, or a designated Idaho licensed chiropractic physician, includes:
(1) Prevention of athletic injuries by designing and implementing physical conditioning programs, performing preparticipation screenings, fitting protective equipment, designing and constructing protective products and continuously monitoring changes in the environment.
(2) Recognition and evaluation of athletic injuries by obtaining a history of the injury, individual inspection of the injured body part and associated structures and palpatation of bony landmarks and soft tissue structures. Immediate care of athletic injuries may require initiation of cardiopulmonary resuscitation, administration of basic or advanced first aid, removal of athletic equipment, immobilization and transportation of the injured athlete. Concurrent with athletic training service plans or protocols, the athletic trainer will determine if the athlete may return to participation or, if the injury requires further definitive care, the athletic trainer will refer the injured athlete to the appropriate directing physician.
(3) Rehabilitation and reconditioning of athletic injuries by administering therapeutic exercise and physical modalities including cryotherapy, thermotherapy, and intermittent compression or mechanical devices as directed by established, written athletic training service plans or protocols or upon the order of the directing physician.
(4) Athletic training services administration includes implementing athletic training service plans or protocols, writing organizational policies and procedures, complying with governmental and institutional standards and maintaining records to document services rendered.
(5) Education of athletes to facilitate physical conditioning and reconditioning by designing and implementing appropriate programs to minimize the risk of injury.
(6) The scope of practice excludes any independent practice of athletic training by an athletic trainer. An athlete with an athletic injury not incurred in association with an educational institution, professional, amateur or recreational sports club or organization shall be referred by a directing physician, but only after such directing physician has first evaluated the athlete and referred such athlete to the athletic trainer.
History:
[54-3903, added 2003, ch. 261, sec. 2, p. 688.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3904 - LICENSURE REQUIRED.

54-3904. LICENSURE REQUIRED. It shall be unlawful for any person to practice or to offer to practice as an athletic trainer, or to represent such person to be an athletic trainer unless such person is licensed under the provisions of this chapter. Only an individual may be licensed under this chapter. An individual may not use the title "licensed athletic trainer," "athletic trainer," or "athletic training," the abbreviations "AT," "ATC," "AT,C," "ATC/L," "CAT," "LAT," or any other words, abbreviations or insignia to indicate or imply that the individual is an athletic trainer unless the individual is licensed pursuant to this chapter.
History:
[(54-3904) 54-3903, added 1989, ch. 179, sec. 1, p. 442; am. & redesig. 2003, ch. 261, sec. 3, p. 688.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3905 - EXCEPTIONS TO LICENSURE REQUIREMENT.

54-3905. EXCEPTIONS TO LICENSURE REQUIREMENT. (1) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to this chapter of:
(a) Any person licensed in this state by any other law, from engaging in the profession or occupation for which such person is licensed or registered or otherwise regulated;
(b) Any person employed as an athletic trainer by the government of the United States or any agency thereof, if such person provides athletic trainer services solely under the direction or control of the government agency by which such person is employed;
(c) Any person pursuing a supervised course of study leading to a degree, licensure or registration as athletic trainer in an accredited or approved educational program, if the person is designated by a title which clearly indicates a student or trainee status;
(d) Any person fulfilling supervised fieldwork experience requirements as prescribed by the board;
(e) Any person residing in another state or country and authorized to practice as an athletic trainer there who is called in consultation by a person licensed in this state to practice as an athletic trainer or who, for the purpose of furthering athletic training education, is invited to this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, as long as the athletic trainer does not open an office or appoint a place to meet patients or receive calls in this state; or
(f) An athletic trainer licensed and in good standing in another jurisdiction of the United States or credentialed in another country who practices in this state within the scope of such license or credentials, and who:
(i) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and
(ii) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.
(2) Nothing herein shall be construed to require registration of elementary or secondary school teachers, coaches or authorized volunteers who do not hold themselves out to the public as athletic trainers.
(3) This chapter shall not be construed as to require licensure by persons assisting in an emergency or in providing aid or service for which no fee for service is contemplated, charged or received, provided that the person providing the service or assisting in the emergency does not hold himself out as an athletic trainer.
History:
[(54-3905) 54-3904, added 1989, ch. 179, sec. 1, p. 442; am. & redesig. 2003, ch. 261, sec. 4, p. 689; am. 2018, ch. 24, sec. 3, p. 44.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3906 - QUALIFICATIONS FOR LICENSURE.

54-3906. QUALIFICATIONS FOR LICENSURE. An applicant for an athletic trainer license must possess the following qualifications:
(1) Have received a bachelor’s or advanced degree from an accredited four (4) year college or university and met the minimum athletic training curriculum requirement established by the board as recommended by the board of athletic trainers and adopted by board rule.
(2) Have successfully completed the certification examination administered by the national athletic trainers’ association board of certification or equivalent examination approved or recognized by the board as recommended by the board of athletic trainers.
(3) Be in good standing with and provide documentation of current certification by the national athletic trainers’ association or a nationally recognized credentialing agency, adopted by the board as recommended by the board of athletic trainers.
(4) Submit an application to the board of athletic trainers on forms prescribed by the board and pay the licensure fee required under this chapter.
History:
[(54-3906) 54-3905, added 1989, ch. 179, sec. 1, p. 443; am. & redesig. 2003, ch. 261, sec. 6, p. 689.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3907 - FEES.

54-3907. FEES. The board, upon recommendation of the board of athletic trainers, shall adopt rules establishing fees for the following:
(1) Initial licensure fee;
(2) Renewal of licensure fee;
(3) Provisional licensure fee;
(4) Inactive licensure fee;
(5) Application and renewal fees. Necessary nonrefundable fees shall be made for the exact amount of the transaction and accompany all applications for initial licensure and renewal.
(6) Extraordinary expenses. In those situations where the processing of an application for initial licensure or renewal requires extraordinary expenses, the board may charge the applicant reasonable fees to cover all or part of the extraordinary expenses.
History:
[54-3907, added 1989, ch. 179, sec. 1, p. 443; am. 2003, ch. 261, sec. 7, p. 690.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3908 - PROVISIONAL LICENSURE.

54-3908. PROVISIONAL LICENSURE. The board, based upon the recommendation of the board of athletic trainers, may issue provisional licensure to applicants who are actively engaged in preparing themselves to meet the qualifications prescribed in this chapter. A provisional license shall be valid for a term of one (1) year, but may be renewed only twice, at the discretion of the board upon recommendation of the board of athletic trainers.
History:
[(54-3908) 54-3909, added 1989, ch. 179, sec. 1, p. 443; am. & redesig. 2003, ch. 261, sec. 8, p. 690.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3909 - ISSUANCE OF LICENSURE.

54-3909. ISSUANCE OF LICENSURE. (1) The board, based upon recommendation of the board of athletic trainers, shall issue a license to any person who meets the requirements of this chapter upon receipt of an application and payment of the prescribed fees.
(2) The board, upon recommendation of the board of athletic trainers, may refuse to issue or renew the license of an applicant who has been convicted of an offense or disciplined by an athletic trainer licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice athletic training in accordance with the provisions of this chapter, or who has falsified an application for licensure, or refuse any applicant for any cause described under section 54-3911, Idaho Code.
History:
[(54-3909) 54-3910, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 9, p. 690.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3914 - COMPENSATION.

54-3914. COMPENSATION. The members of the board of athletic trainers shall be compensated as provided in section 59-509(k), Idaho Code.
History:
[(54-3914) 54-3915, added 1989, ch. 179, sec. 1, p. 446; am. and redesig. 2003, ch. 261, sec. 14, p. 696; am. 2012, ch. 92, sec. 1, p. 254.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3915 - BOARD OF MEDICINE — ADMINISTRATIVE PROVISIONS.

54-3915. BOARD OF MEDICINE — ADMINISTRATIVE PROVISIONS. (1) The executive director of the Idaho state board of medicine shall serve as the executive director to the board of athletic trainers.
(2) All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board and the board of athletic trainers under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected hereunder shall be immediately available for the administration of this chapter. In no instance shall the occupational licenses fund be obligated to pay any claims which in aggregate with claims already allowed exceed the income to the occupational licenses fund that has been derived from the application of this chapter.
Money paid into the occupational licenses fund pursuant to this chapter is hereby continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and the board of athletic trainers in carrying out and enforcing the provisions of this chapter.
History:
[(54-3915) 54-3916, added 1989, ch. 179, sec. 1, p. 446; am. & redesig. 2003, ch. 261, sec. 15, p. 696; am. 2021, ch. 224, sec. 66, p. 684.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3916 - PENALTIES.

54-3916. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
History:
[(54-3916) 54-3917, added 1989, ch. 179, sec. 1, p. 446; am. & redesig. 2003, ch. 261, sec. 16, p. 696.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 39 - ATHLETIC TRAINERS › Section 54-3917 - SEVERABILITY.

54-3917. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[(54-3917) 54-3918, added 1989, ch. 179, sec. 1, p. 446; am. & redesig. 2003, ch. 261, sec. 17, p. 697.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4001 - PURPOSE.

54-4001. PURPOSE. By the adoption of this chapter, it is the intent of the legislature to protect the public health, safety and welfare, and to provide for state administrative supervision, licensure, regulation and disciplinary procedures of every person providing massage therapy who meets and maintains the standards of practice and code of ethics as adopted by the board and is licensed under the provisions of this chapter, unless otherwise exempted herein.
History:
[54-4001, added 2012, ch. 261, sec. 1, p. 723.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4002 - DEFINITIONS.

54-4002. DEFINITIONS. As used in this chapter, the following terms have the following meanings:
(1) "Advertise" means, but is not limited to, the issuing or causing to be distributed of any card, sign, direct mail piece or other device or causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine or directory, or announcement on radio or announcement or display on television, computer network or electronic or telephonic medium.
(2) "Board" means the Idaho state board of massage therapy created pursuant to section 54-4006, Idaho Code.
(3) "Compensation" means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value, except "compensation" shall not include a student tuition credit program where such program has been established by a massage therapy establishment.
(4) "Massage school" means a massage therapy educational program that is registered by the state board of education in accordance with chapter 24, title 33, Idaho Code, or comparable authority in another state.
(5) "Massage therapist" means a person who is licensed under this chapter and who engages in the practice of massage therapy.
(6) "Massage therapy" means the care and services provided by a massage therapist.
(7) "Practice of massage therapy" means the application of a system of structured touch, pressure, movement and holding of the soft tissues of the human body. The application may include:
(a) Pressure, friction, stroking, rocking, kneading, percussion, or passive or active stretching within the normal anatomical range of movement;
(b) Complementary methods, including the external application of water, heat, cold, lubricants and other topical preparations; or
(c) The use of mechanical devices that mimic or enhance actions that may be done by the hands.
History:
[54-4002, added 2012, ch. 261, sec. 1, p. 723; am. 2016, ch. 174, sec. 1, p. 477.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4004 - PROHIBITIONS.

54-4004. PROHIBITIONS. Massage therapists shall not perform any of the following:
(1) Diagnosis of injury, illness or disease;
(2) Chiropractic adjustment or skeletal manipulative procedures or any other procedures as defined in section 54-704, Idaho Code, except as allowed in section 54-4002(7), Idaho Code;
(3) Therapeutic exercise, medical or other therapeutic modalities including, but not limited to, the use of medically classified therapeutic devices, mechanical traction, laser and light therapies, electrical stimulation or application of ultrasound; and
(4) Dispensation of, application of or issuance of prescriptions for pharmaceutical agents.
History:
[54-4004, added 2012, ch. 261, sec. 1, p. 725.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4005 - LICENSE REQUIRED.

54-4005. LICENSE REQUIRED. (1) A person shall not practice massage therapy for compensation or hold himself or herself out to others as a massage therapist without first receiving from the board a license to engage in that practice.
(2) A person holds himself or herself out to others as a massage therapist when the person adopts or uses any title or description including "massage therapist," "massagist," "massotherapist," "myotherapist," "body therapist," "massage technician," "massage practitioner" or any derivation of those terms that implies this practice.
(3) It shall be unlawful for any person who is not a licensed massage therapist under this chapter to advertise using the term "massage therapist." Any person who holds a license to practice as a massage therapist in this state may use the title "licensed massage therapist." No other person shall assume this title or use an abbreviation or any other words, letters, signs or figures to indicate that the person using the title is a licensed massage therapist.
History:
[54-4005, added 2012, ch. 261, sec. 1, p. 725.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4006 - BOARD OF MASSAGE THERAPY.

54-4006. BOARD OF MASSAGE THERAPY. (1) There is hereby established in the division of occupational and professional licenses the board of massage therapy. The members thereof shall be appointed by the governor and serve at the pleasure of the governor.
(2) The board shall consist of five (5) members, four (4) of whom shall be licensed pursuant to this chapter and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of massage therapy services. At no time shall more than one (1) board member be an owner of, an instructor of, or otherwise affiliated with a board-approved course of instruction or any other massage therapy school or course of instruction.
(3) Professional massage therapy associations and/or any resident of the state of Idaho may provide nominations to the governor.
(4) All members of the board shall be residents of the state of Idaho for the duration of their appointment and shall have been residents of the state of Idaho for a minimum of three (3) years immediately preceding appointment.
(5) The initial four (4) massage therapist members of the board shall be persons with at least three (3) years of experience in the practice of massage therapy who become licensed pursuant to this chapter.
(6) The initial board shall be appointed for staggered terms, the longest of which shall not exceed three (3) years. After the initial appointments, all terms shall be for three (3) years, and a member may be reappointed for a second term. No member shall serve more than two (2) terms. In the event of death, resignation or removal of any member before the expiration of the term to which appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(7) The board, within thirty (30) days after its initial appointment and at least annually thereafter, shall hold a meeting and elect a chairman. The board may hold additional meetings on the call of the chairman or at the written request of any three (3) members of the board. The board may appoint such committees as it considers necessary to carry out its duties. A majority of the members of the board shall constitute a quorum.
(8) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
History:
[54-4006, added 2012, ch. 261, sec. 1, p. 725; am. 2017, ch. 51, sec. 1, p. 80; am. 2021, ch. 222, sec. 32, p. 645.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4007 - POWERS AND DUTIES OF THE BOARD.

54-4007. POWERS AND DUTIES OF THE BOARD. The board shall have the authority to:
(1) Determine the qualifications of persons applying for licensure pursuant to this chapter and to define, by rule, the appropriate scope of massage therapy in this state, provided however, that the scope of practice may not exceed that defined in section 54-4002(7), Idaho Code;
(2) Authorize, by written agreement, the division of occupational and professional licenses as agent to act in its interest;
(3) Promulgate such rules as are necessary for the administration of this chapter, including standards of professional conduct;
(4) Conduct investigations and hold hearings and compel the attendance of witnesses and the production of papers at such investigations or hearings;
(5) Collect fees and other funds as prescribed by this chapter;
(6) Contract and pursue other matters lawful in this state relating to massage therapy;
(7) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(8) Establish requirements for renewal of license and approval of continuing education courses as set forth in section 67-2614, Idaho Code;
(9) Establish rules for the approval of massage therapy entry-level educational standards but must remain consistent with curriculum requirements in this chapter, or rules promulgated pursuant thereto;
(10) Establish requirements for a student tuition credit program; and
(11) Establish requirements for a temporary license and provisional permit.
The registration of massage schools shall remain with the state board of education in accordance with chapter 24, title 33, Idaho Code.
History:
[54-4007, added 2012, ch. 261, sec. 1, p. 726; am. 2016, ch. 174, sec. 2, p. 477; am. 2022, ch. 94, sec. 56, p. 319.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4008 - FEES.

54-4008. FEES. (1) All fees received under the provisions of this chapter shall be paid to the department of self-governing agencies, division of occupational and professional licenses, and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. In no case shall any salary, expense or other obligation of the board be charged against the general fund.
(2) The board, by rule, may impose fees not to exceed two hundred dollars ($200) annually per fee to provide for the administration of this section including, but not limited to, the following:
(a) Original license fee;
(b) Application fee;
(c) License renewal fee;
(d) License by endorsement;
(e) Duplicate license; and
(f) Reinstatement fee.
History:
[54-4008, added 2012, ch. 261, sec. 1, p. 726; am. 2022, ch. 94, sec. 57, p. 320.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4009 - REQUIREMENTS FOR ISSUANCE OF LICENSE.

54-4009. REQUIREMENTS FOR ISSUANCE OF LICENSE. Upon application to the board and the payment of the required fees, an applicant may be licensed as a massage therapist if the applicant meets all the requirements of this chapter and provides documentation acceptable to the board that he or she:
(1) Has obtained a high school diploma or equivalent;
(2) Is eighteen (18) years of age or older;
(3) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(4) Has successfully completed a massage program registered pursuant to chapter 24, title 33, Idaho Code, or a comparable authority in another state that consists of the minimum of five hundred (500) in-class supervised hours of coursework and clinic work; and
(5) Has successfully passed a nationally recognized competency examination in massage therapy that is approved by the board. The passage of this exam may have occurred prior to the effective date of this chapter.
History:
[54-4009, added 2012, ch. 261, sec. 1, p. 727; am. 2022, ch. 246, sec. 31, p. 808.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4010 - ENDORSEMENT LICENSURE.

54-4010. ENDORSEMENT LICENSURE. The board may grant a license without examination to any person who, at the time of application, is licensed or certified in good standing by a board of massage therapy of another state, provided the requirements for such certification or licensure are substantially equivalent to the requirements of this chapter, and upon payment of a fee to be determined by the board.
History:
[54-4010, added 2012, ch. 261, sec. 1, p. 727.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4011 - LICENSE RENEWAL.

54-4011. LICENSE RENEWAL. [(1)] A license shall be issued and renewed in accordance with section 67-2614, Idaho Code.
History:
[54-4011, added 2012, ch. 261, sec. 1, p. 727.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4012 - LICENSING OF EXISTING MASSAGE PRACTITIONERS.

54-4012. LICENSING OF EXISTING MASSAGE PRACTITIONERS. Until July 1, 2014, the board may issue a license to any individual who meets one (1) of the following requirements:
(1) He or she has completed a minimum of five hundred (500) hours of supervised classroom and hands-on instruction relating to massage therapy;
(2) He or she has completed at least three hundred (300) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least three (3) years prior to the date of application;
(3) He or she has completed at least two hundred (200) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least five (5) years prior to the date of application;
(4) He or she has been an active member in good standing as a massage therapist for a period of at least twelve (12) months of a national professional massage association/organization that offers professional liability insurance; or
(5) He or she has successfully passed an examination meeting the requirements of section 54-4009(5), Idaho Code. The passage of this examination may have occurred before the effective date of this section.
History:
[54-4012, added 2012, ch. 261, sec. 1, p. 727.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4013 - DISCIPLINARY ACTION.

54-4013. DISCIPLINARY ACTION. The board may refuse to issue or renew or otherwise discipline a license holder for any of the following:
(1) The employment of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license;
(2) Practicing as a massage therapist when physical or mental abilities are impaired as determined by the board;
(3) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, provided that the board has taken into consideration the rehabilitation of the applicant or licensee and other mitigating circumstances;
(4) Having been adjudged mentally incompetent by a court of competent jurisdiction;
(5) Engaging in any act or practice in violation of any of the provisions of this chapter or any of the rules adopted by the board, or aiding, abetting or assisting any other person in such a violation;
(6) The commission of an act of gross negligence or incompetence;
(7) Practicing without a valid license;
(8) Engaging in any lewd, indecent, obscene or unlawful behavior with a client;
(9) The employment of fraud, deceit, or misrepresentation when communicating with the general public, health care professionals or other business professionals;
(10) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failing to divulge such information when requested by the board;
(11) A violation of the code of ethics or standards of practice as adopted by the board; and
(12) Failure to comply with an order issued by the board.
History:
[54-4013, added 2012, ch. 261, sec. 1, p. 727; am. 2020, ch. 175, sec. 33, p. 539.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4014 - ENFORCEMENT — PENALTIES.

54-4014. ENFORCEMENT — PENALTIES. A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor. The board may seek an injunction against any person who practices massage therapy in violation of the provisions of this chapter.
History:
[54-4014, added 2012, ch. 261, sec. 1, p. 728.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 40 - MASSAGE THERAPISTS › Section 54-4015 - PREEMPTION OF LOCAL REGULATION.

54-4015. PREEMPTION OF LOCAL REGULATION. Beginning on the date applications for licensure become available pursuant to this chapter, a local unit of government shall not establish or maintain professional licensing requirements for a massage therapist licensed pursuant to this chapter.
History:
[54-4015, added 2012, ch. 261, sec. 1, p. 728.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4101 - SHORT TITLE.

54-4101. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Real Estate Appraisers Act."
History:
[54-4101, added 1990, ch. 82, sec. 1, p. 164; am. 1992, ch. 92, sec. 1, p. 283.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4102 - LEGISLATIVE INTENT.

54-4102. LEGISLATIVE INTENT. In order to safeguard life, health and property and to promote the public welfare, any person holding himself out to be a state licensed or certified real estate appraiser, as herein defined, in the state of Idaho shall submit evidence of his qualifications so to practice and be licensed or certified as hereinafter provided. Except as herein otherwise expressly provided, no license or certificate shall be issued until an applicant has successfully passed an examination conducted by the real estate appraiser board.
History:
[54-4102, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 2, p. 283.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4103 - USE OF TERM “LICENSED” OR “CERTIFIED” APPRAISER — UNLAWFUL PRACTICE OF APPRAISAL.

54-4103. USE OF TERM "LICENSED" OR "CERTIFIED" APPRAISER — UNLAWFUL PRACTICE OF APPRAISAL. It shall be unlawful for any person in this state to assume or use the title "state licensed" or "state certified real estate appraiser" or any title, designation or abbreviation likely to create the impression of licensure or certification by the state of Idaho for any real estate appraisal, unless the person has first been licensed or certified by the real estate appraiser board under the provisions of this chapter. The board may adopt for the exclusive use of persons licensed or certified under the provisions of this chapter, a seal, symbol or other mark identifying the user as a state licensed or certified real estate appraiser.
It shall be unlawful for any person to appraise, practice appraisal, assume to act as, or hold themselves out to the public as an appraiser, or carry on the calling of an appraiser within the state, or to perform an appraisal of real estate located in this state unless the person has first been licensed or certified by the board under the provisions of this chapter.
History:
[54-4103, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 3, p. 283; am. 1999, ch. 54, sec. 1, p. 136.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4105A - APPRAISAL REVIEW.

54-4105A. APPRAISAL REVIEW. Any person who performs an appraisal review shall be licensed or certified by the board or by another state, provided that if a value opinion is provided, the person must be licensed by the board. A person performing a review that does not fall under the definition of an appraisal review is not required to be certified or licensed in any state.
History:
[54-4105A, added 2018, ch. 128, sec. 2, p. 269.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4108 - HEARING.

54-4108. HEARING. The hearing on any charge of violation of section 54-4107, Idaho Code, shall be at a time and place prescribed by the board.
History:
[54-4108, added 1990, ch. 82, sec. 1, p. 169.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4109 - RETENTION OF RECORDS.

54-4109. RETENTION OF RECORDS. (1) A state licensed or certified real estate appraiser shall retain, for at least five (5) years, originals or true copies of all written contracts engaging his services for real estate appraisal work, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
(2) The five (5) year period for retention of records provided by subsection (1) of this section is applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within the five (5) year period, the appraiser is notified that the appraisal or report is involved in litigation, in which event the five (5) year period for the retention of records shall commence upon the date of the final disposition of the litigation.
(3) All records required to be maintained under the provisions of this chapter shall be made available by the licensed or certified real estate appraiser for inspection and copying by the board on reasonable notice to the appraiser.
History:
[54-4109, added 1990, ch. 82, sec. 1, p. 169; am. 1992, ch. 92, sec. 8, p. 288.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4110 - QUALIFICATIONS FOR LICENSURE OR CERTIFICATION — EXAMINATIONS.

54-4110. QUALIFICATIONS FOR LICENSURE OR CERTIFICATION — EXAMINATIONS. (1) Any person who desires to obtain licensure or certification as a real estate appraiser shall make written application to the board on such forms as it may prescribe. Each applicant shall satisfy the following requirements:
(a) State licensed residential real estate appraiser. An applicant for licensure as a residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.
(b) State certified residential real estate appraiser. An applicant for certification as a certified residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.
(c) State certified general real estate appraiser. An applicant for certification as a general real estate appraiser must satisfactorily complete the education and experience requirements and shall successfully complete an examination conducted or authorized by the board as set forth by rules of the board.
(2) The board may consider and/or adopt some or all of the following: appraiser qualifications criteria adopted by the appraiser qualifications board of the appraisal foundation, the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation, and a code of ethical standards to be set forth by board rule, as well as any forthcoming federal rule or regulation deemed pertinent.
History:
[54-4110, added 1990, ch. 82, sec. 1, p. 169; am. 1992, ch. 92, sec. 9, p. 288.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4111 - USE OF DESIGNATION — CORPORATION, PARTNERSHIPS.

54-4111. USE OF DESIGNATION — CORPORATION, PARTNERSHIPS. The term "state licensed or certified real estate appraiser" shall only be used to refer to individuals who hold licenses or certificates under this chapter and may not be used following or immediately in connection with the name of a partnership, association, corporation or group, or in such a manner that it might be interpreted as referring to a firm, partnership, corporation, group or anyone other than an individual holder of the license or certificate. No license or certificate shall be issued under the provisions of this chapter to a firm, partnership, corporation or group practice. However, this subsection shall not be construed to prevent a state licensed or certified real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice.
History:
[54-4111, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 10, p. 289.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4112 - REGULAR EXAMINATIONS.

54-4112. REGULAR EXAMINATIONS. The board shall hold each year at least one (1) examination for licensure or certification to practice real estate appraisal, if there be any such applicants. The examinations shall be conducted by the real estate appraiser board under fair and wholly impartial methods and subject to such rules as the board may establish to test the applicant’s qualifications in all branches of the professional practice of appraisal.
History:
[54-4112, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 11, p. 289.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4113 - FEES — ISSUANCE OF LICENSES OR CERTIFICATES.

54-4113. FEES — ISSUANCE OF LICENSES OR CERTIFICATES. (1) Every person applying for examination or reexamination under this chapter shall pay a fee equal to that charged by the national examining entity. If the result of the examination of any applicant shall be satisfactory to the board, under its rules, it shall issue to such applicant a license or certificate setting forth the fact that he is a state-licensed or state-certified real estate appraiser and authorized to practice his profession in this state. The fee for obtaining a license or certificate under the provisions of this chapter shall be an amount not to exceed five hundred dollars ($500). The annual fee for renewal or reinstatement of a license or certificate shall be an amount not to exceed five hundred dollars ($500), which shall be paid to the division of occupational and professional licenses. The board shall adopt all fees by rule.
(2) In addition to those fees described in this chapter, the board may collect from applicants for licensure or certification and holders of state licenses or certificates of appraisal and remit to the appropriate agency or instrumentality of the federal government any additional fees as may be required to render Idaho state-licensed residential, state-certified residential and general real estate appraisers eligible to perform appraisals in connection with federally related transactions.
(3) In addition to those fees described in this chapter, the board may collect from an applicant for appraisal management company registration and from a registered appraisal management company and remit to the appropriate agency or instrumentality of the federal government any additional fees required to provide appraisal management services in connection with federally related transactions.
(4) The board may collect continuing education provider application fees in an amount not to exceed one hundred dollars ($100) as established by board rule.
(5) All fees received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The fees collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[54-4113, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 12, p. 289; am. 2008, ch. 108, sec. 2, p. 307; am. 2011, ch. 84, sec. 1, p. 175; am. 2017, ch. 183, sec. 1, p. 422; am. 2020, ch. 104, sec. 2, p. 279; am. 2021, ch. 224, sec. 67, p. 684; am. 2022, ch. 94, sec. 58, p. 320.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4114 - TERM OF LICENSE OR CERTIFICATE — RENEWAL AND REINSTATEMENT.

54-4114. TERM OF LICENSE OR CERTIFICATE — RENEWAL AND REINSTATEMENT. All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
History:
[54-4114, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 13, p. 290; am. 2003, ch. 21, sec. 19, p. 89.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4115 - NONRESIDENT LICENSURE OR CERTIFICATION AND TEMPORARY PRACTICE.

54-4115. NONRESIDENT LICENSURE OR CERTIFICATION AND TEMPORARY PRACTICE. (1) Nonresident licensure or certification. If the board determines that another state has substantially equivalent requirements for appraiser licensure or certification, an applicant from such other state may obtain a license or certificate to practice as a licensed or certified residential or general real estate appraiser in this state, subject to the rules set forth by the board.
(2) Temporary practice. Only to the extent required by federal law, and subject to the rules set forth by the board, a temporary license or certificate for real estate appraisal may be issued to an individual from another state.
(3) Service of process. Prior to and as a condition of an individual’s application for either a nonresident license or certificate or a temporary license or certificate, said applicant who is not a resident of Idaho shall submit with his application an irrevocable consent, on a form prescribed by the board, that service of process in any action against the applicant arising out of the applicant’s activities as a state licensed or certified real estate appraiser may be made by delivery of process on the board.
History:
[54-4115, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 14, p. 290; am. 2012, ch. 48, sec. 2, p. 144.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4116 - RENEWAL LICENSES OR CERTIFICATES.

54-4116. RENEWAL LICENSES OR CERTIFICATES. To obtain a renewal license or certificate to practice as a state licensed or certified real estate appraiser, the holder of the current license or certificate shall make application and pay the prescribed fee to the board. Further, the applicant shall present evidence in a form satisfactory to the board of having successfully completed any continuing education requirements for renewal as shall be specified by rule of the board.
History:
[54-4116, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 15, p. 291.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4117 - INJUNCTIVE RELIEF.

54-4117. INJUNCTIVE RELIEF. The board is hereby authorized to institute injunction proceedings in the district court of competent jurisdiction, pursuant to the Idaho rules of civil procedure, for cause shown, to restrain any person or persons from violating any provision of this chapter regardless of whether or not there exists an adequate remedy at law.
History:
[54-4117, added 1990, ch. 82, sec. 1, p. 171.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4118 - PROOF OF COMPLAINT — PROSECUTION BY COUNTY ATTORNEY.

54-4118. PROOF OF COMPLAINT — PROSECUTION BY COUNTY ATTORNEY. The board may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction. It shall be the duty of the prosecuting attorney of each county in the state to prosecute all violations of the aforesaid provisions of this chapter in their respective counties in which said violations occur.
History:
[54-4118, added 1990, ch. 82, sec. 1, p. 171.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4119 - PENALTY FOR VIOLATION.

54-4119. PENALTY FOR VIOLATION. Any person who acts as or holds himself out to be, a state licensed or certified residential or state certified general real estate appraiser within the meaning of this chapter without first obtaining a license or certificate as provided herein, may be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment in the discretion of the court. The board may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction and in any manner prescribed in section 54-4118, Idaho Code.
History:
[54-4119, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 16, p. 291.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4120 - SHORT TITLE.

54-4120. SHORT TITLE. Sections 54-4120 through 54-4134, Idaho Code, shall be known and may be cited as the "Idaho Appraisal Management Company Registration and Regulation Act."
History:
[54-4120, added 2016, ch. 131, sec. 1, p. 387.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4121 - SCOPE.

54-4121. SCOPE. This act shall apply to appraisal management companies providing appraisal management services in connection with consumer credit transactions secured by a consumer’s principal dwelling or securitizations of those transactions.
History:
[54-4121, added 2016, ch. 131, sec. 1, p. 387.]