reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1216 - PROVISIONAL LICENSE.

39-1216. PROVISIONAL LICENSE. Upon initial investigation, should an applicant for a license be unable to meet a standard because of conditions that are unlikely to endure beyond six (6) months from the date of such investigation, the department may, if in its judgment the health and safety of any child is not thereby endangered, issue a provisional license for a period not to exceed six (6) months. No more than one (1) provisional license shall be issued to the same foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility in any twelve (12) month period.
History:
[39-1216, added 1963, ch. 320, sec. 9, p. 901; am. 1990, ch. 215, sec. 17, p. 577; am. 2001, ch. 93, sec. 12, p. 241; am. 2002, ch. 219, sec. 7, p. 603.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1217 - VISITATION.

39-1217. VISITATION. For the purpose of determining whether every licensed foster home, licensed children’s agency, licensed children’s therapeutic outdoor program and licensed children’s residential care facility consistently maintains conformity with the standards established under the authority conferred herein, the department, through an authorized representative, shall visit each such home and facility as often as it deems necessary or desirable, but in any event at intervals not to exceed twelve (12) months.
History:
[39-1217, added 1963, ch. 320, sec. 10, p. 901; am. 1990, ch. 215, sec. 18, p. 577; am. 2001, ch. 93, sec. 13, p. 241; am. 2002, ch. 219, sec. 8, p. 603.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1218 - LICENSE — DENIAL — SUSPENSION — REVOCATION — NONRENEWAL — HEARING.

39-1218. LICENSE — DENIAL — SUSPENSION — REVOCATION — NONRENEWAL — HEARING. (1) Any license issued pursuant to this chapter may be denied, suspended, revoked or not renewed, by notice in writing by the director or his authorized representative served upon the applicant or licensee by registered or certified mail, setting forth the reasons therefor, if upon investigation it is found that the licensee has failed or refused to comply with any of the provisions of this chapter or with any of the rules, regulations or standards established pursuant to this chapter.
(2) Within fifteen (15) days from receipt of notice of grounds for denial, suspension, revocation or nonrenewal, the applicant or licensee may serve upon the director by registered or certified mail, a written request for hearing. Upon receipt of such request, the director shall fix a date for hearing, which date shall not be more than thirty (30) days from receipt of the request and shall give the applicant or licensee at least fifteen (15) days’ notice of said hearing date.
(3) If no request for hearing is made within the time specified, the license shall be deemed denied, suspended or revoked. The department shall notify the applicant or licensee of the decision of the director or his authorized representative within thirty (30) days after conclusion of the hearing.
History:
[39-1218, added 1963, ch. 320, sec. 11, p. 901; am. 1974, ch. 23, sec. 117, p. 633; am. 1990, ch. 215, sec. 19, p. 577.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1219 - APPEAL FROM DECISION OF DIRECTOR.

39-1219. APPEAL FROM DECISION OF DIRECTOR. If an applicant or licensee feels aggrieved by a decision rendered as a result of a hearing, as provided in section 39-1218, Idaho Code, appeal may be taken to the district court of the county in which the group or foster home, facility, program or agency is located, in the manner and form as provided in section 39-1212, Idaho Code, provided, however, the filing of notice of appeal shall not, unless otherwise ordered, stay the proceedings of the director.
History:
[39-1219, added 1963, ch. 320, sec. 12, p. 901; am. 1974, ch. 23, sec. 118, p. 633; am. 1990, ch. 215, sec. 20, p. 578; am. 2002, ch. 219, sec. 9, p. 604.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1220 - OPERATING WITHOUT LICENSE MISDEMEANOR.

39-1220. OPERATING WITHOUT LICENSE MISDEMEANOR. Any person or persons who operate a foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility, within this state, without first obtaining a license as provided in this chapter shall be guilty of a misdemeanor. However, in the event of an initial citation for violation of the provisions of this section, if a person makes the application required within thirty (30) days, the complaint shall be dismissed. The penalty for violation of the provisions of this section shall be three hundred dollars ($300) for each day of a continuing violation, which penalty shall accrue from thirty (30) days following the initial notice of violation in the event of a finding of violation.
History:
[39-1220, added 1963, ch. 320, sec. 13, p. 901; am. 1990, ch. 215, sec. 21, p. 578; am. 2001, ch. 93, sec. 14, p. 241; am. 2002, ch. 219, sec. 10, p. 604.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1221 - REMOVAL OF CHILDREN.

39-1221. REMOVAL OF CHILDREN. Any child or children receiving child care in a children’s residential care facility or children’s therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate court of the county in which the child is receiving care and returned to the child’s own home, or placed in the custody of the department if the child’s custodial parent is not available. The prosecuting attorneys of the several counties shall represent the department at all stages of the proceedings before the magistrate court. The magistrate court shall retain jurisdiction relative to child custody pursuant to the provisions of this section. 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 violation, the attorney general is authorized to prosecute violations under this chapter.
History:
[39-1221, added 1963, ch. 320, sec. 14, p. 901; am. 1990, ch. 215, sec. 22, p. 578; am. 1990, ch. 214, sec. 4, p. 567; am. 2001, ch. 93, sec. 15, p. 241; am. 2002, ch. 219, sec. 11, p. 604.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1222 - ACTION AGAINST UNLICENSED FOSTER HOME, CHILDREN’S AGENCY, CHILDREN’S THERAPEUTIC OUTDOOR PROGRAM OR CHILDREN’S RESIDENTIAL CARE FACILITY.

39-1222. ACTION AGAINST UNLICENSED FOSTER HOME, CHILDREN’S AGENCY, CHILDREN’S THERAPEUTIC OUTDOOR PROGRAM OR CHILDREN’S RESIDENTIAL CARE FACILITY. Notwithstanding the existence or pursuit of any other remedy, the department shall, upon showing good cause to the prosecuting attorney who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or other process against a person as defined herein who shall hereafter operate or maintain any foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility without first having secured a license pursuant to the provisions of this chapter. Upon a finding that the safety of children at a foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility is endangered, the department has the authority to immediately revoke a license.
History:
[39-1222, added 1963, ch. 320, sec. 15, p. 901; am. 1990, ch. 215, sec. 23, p. 578; am. 2001, ch. 93, sec. 16, p. 242; am. 2002, ch. 219, sec. 12, p. 604.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1223 - CONSTRUCTION OF ACT.

39-1223. CONSTRUCTION OF ACT. This act shall be liberally construed to the end that the legislative policy expressed herein is attained.
History:
[39-1223, added 1963, ch. 320, sec. 17, p. 901.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1224 - TITLE OF ACT.

39-1224. TITLE OF ACT. This act shall be known and cited as the "Child Care Licensing Reform Act," and the caption for chapter 12, title 39, Idaho Code, shall so designate.
History:
[39-1224, added 1963, ch. 320, sec. 18, p. 901; am. 1987, ch. 56, sec. 4, p. 92; am. 1990, ch. 215, sec. 24, p. 579.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1301 - DEFINITIONS.

39-1301. DEFINITIONS. For purposes of this chapter the following definitions will apply:
(a) "Hospital" means a facility which:
(1) Is primarily engaged in providing, by or under the supervision of physicians,
(a) concentrated medical and nursing care on a twenty-four (24) hour basis to inpatients experiencing acute illness; and
(b) diagnostic and therapeutic services for medical diagnosis and treatment, psychiatric diagnosis and treatment, and care of injured, disabled, or sick persons; and
(c) rehabilitation services for injured, disabled, or sick persons; and
(d) obstetrical care.
(2) Provides for care of two (2) or more individuals for twenty-four (24) or more consecutive hours.
(3) Is staffed to provide professional nursing care on a twenty-four (24) hour basis.
(b) "Nursing facility" (nursing home) means a facility whose design and function shall provide area, space and equipment to meet the health needs of two (2) or more individuals who, at a minimum, require inpatient care and services for twenty-four (24) or more consecutive hours for unstable chronic health problems requiring daily professional nursing supervision and licensed nursing care on a twenty-four (24) hour basis, restorative, rehabilitative care, and assistance in meeting daily living needs. Medical supervision is necessary on a regular, but not daily, basis.
(c) "Intermediate care facility for people with intellectual disabilities (ICF/ID)" means a nonnursing home facility, designed and operated to meet the unique educational, training, habilitative and medical needs of the developmentally disabled through the provision of active treatment.
(d) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
(e) "Government unit" means the state, or any county, municipality, or other political subdivision, or any department, division, board or other agency thereof.
(f) "Licensing agency" means the department of health and welfare.
(g) "Board" means the board of health and welfare.
(h) "Physician" means an individual licensed to practice medicine and surgery by the Idaho state board of medicine or the Idaho state board of podiatry.
(i) "Authorized provider" means an individual who is a nurse practitioner or clinical nurse specialist, licensed to practice in Idaho in accordance with the Idaho nurse practice act; or a physician’s assistant, licensed by the Idaho state board of medicine.
(j) "Hospice house" means a facility that is owned and operated by a medicare certified hospice agency for the purpose of providing inpatient hospice services consistent with 42 CFR 418.110.
History:
[39-1301, added 1947, ch. 133, sec. 1, p. 324; am. 1974, ch. 23, sec. 119, p. 633; am. 1980, ch. 159, sec. 1, p. 334; am. 1981, ch. 32, sec. 1, p. 51; am. 1992, ch. 56, sec. 1, p. 162; am. 1992, ch. 134, sec. 1, p. 421; am. 2000, ch. 274, sec. 5, p. 806; am. 2010, ch. 84, sec. 1, p. 163; am. 2010, ch. 235, sec. 24, p. 563.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1301A - WAIVERS FOR CERTIFIED FAMILY HOMES — DEFINITIONS.

39-1301A. WAIVERS FOR CERTIFIED FAMILY HOMES — DEFINITIONS. (1) Chapter 13, title 39, Idaho Code, shall not have the effect of preventing two (2) persons in need of the care described in section 39-1301(b), Idaho Code, from residing in a certified family home when:
(a) Each of the persons has given a written statement to the department requesting the arrangement and each person making the request is informed, not coerced, and competent; and
(b) The department finds the arrangement safe and effective; and
(c) The department issues a written waiver permitting the arrangement.
(2) The department shall use negotiated rulemaking when promulgating rules to carry out the provisions of this section to ensure a person’s ability to choose services and service provider is considered.
(3) The department shall revoke any waiver granted pursuant to this section where it is determined there is a threat to the life or safety of either person or where one (1) of the persons leaves the living arrangement permanently or notifies the department in writing that he does not wish to reside in the setting with the other individual. Any waiver granted under this section shall be reviewed annually.
History:
[(39-1301A) 39-1301a, added 1998, ch. 238, sec. 1, p. 795; am. and redesig. 2000, ch. 274, sec. 6, p. 807.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1301B - NURSING FACILITY CONVERSIONS.

39-1301B. NURSING FACILITY CONVERSIONS. (1) A nursing facility that voluntarily reduces the number of its licensed beds to provide residential and assisted living services, certified family home services, adult day health services, respite care, hospice, outpatient therapy services, congregate meals, home health, senior wellness clinic, or other services provided under a medicaid home and community-based services waiver for the aged or disabled may convert the original facility or portion of the facility back, and thereby increase the number of nursing home beds to no more than the previously licensed number of nursing home beds provided the facility has been in continuous operation and has not been purchased or leased. Any conversion to the original licensed bed capacity, or to any portion thereof, shall comply with the same life safety code requirements as existed at the time the nursing facility voluntarily reduced its licensed beds.
(2) To convert beds back to nursing facility beds under this section, the nursing home must:
(a) Give notice of its intent to preserve conversion options to the department no later than thirty (30) days after the effective date of the license reduction; and
(b) Give notice to the department and any affected participant of the intent to convert beds back. If construction is required for the conversion of beds back, the notice of intent to convert beds back must be given, at a minimum, one (1) year prior to the effective date of license modification reflecting the restored beds; otherwise, the notice must be given a minimum of ninety (90) days prior to the effective date of license modification reflecting the restored beds.
(3) Conversion of beds back to nursing facility use under this section must be completed no later than four (4) years after the effective date of the license reduction. However, for good cause shown, the four (4) year period for conversion may be extended by the department for an additional four (4) year period.
History:
[39-1301B, added 2000, ch. 274, sec. 7, p. 808.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1301C - DEEMED STATUS OF HOSPICE AGENCY AND ITS HOSPICE HOME — NO IDAHO LICENSE OR CERTIFICATION REQUIRED.

39-1301C. DEEMED STATUS OF HOSPICE AGENCY AND ITS HOSPICE HOME — NO IDAHO LICENSE OR CERTIFICATION REQUIRED. (1) A hospice house and its owner and operator medicare certified hospice agency must have and maintain deemed status through a centers for medicare & medicaid services recognized accrediting organization.
(2) Neither a medicare certified hospice agency nor its hospice home is required to be licensed or certified by the state of Idaho.
History:
[39-1301C, added 2010, ch. 84, sec. 2, p. 164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1302 - PURPOSE.

39-1302. PURPOSE. The purpose of sections 39-1301—39-1314, Idaho Code, is to provide for the development, establishment and enforcement of standards (1) for the care and treatment of individuals in facilities or by agencies as defined, and (2) for the construction, maintenance and operation of facilities or agencies as defined which, in the light of advancing knowledge, will promote safe and adequate treatment of such individuals in facilities or by agencies as defined.
History:
[39-1302, added 1947, ch. 133, sec. 2, p. 324; am. 1980, ch. 159, sec. 2, p. 335.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1303 - LICENSURE.

39-1303. LICENSURE. After January 1, 1948, no person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a facility or agency, as defined, in this state without a license under sections 39-1301—39-1314, Idaho Code.
History:
[39-1303, added 1947, ch. 133, sec. 3, p. 324; am. 1980, ch. 159, sec. 3, p. 335.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1303a - DEFINITION OF SERVICES AND REGULATION OF FACILITIES IN PRECEDING SECTION.

39-1303a. DEFINITION OF SERVICES AND REGULATION OF FACILITIES IN PRECEDING SECTION. For the purposes of this act, the board shall have the authority to define the services requisite to the operation of the facilities defined and to establish rules and regulations and standards for the licensing of each type of facility and for the administrative personnel of each type of facility.
History:
[(39-1303a) 1969, ch. 416, sec. 2, p. 1157; am. 1974, ch. 23, sec. 120, p. 633; am. and redesignated 1980, ch. 159, sec. 5, p. 336; am. 1981, ch. 32, sec. 2, p. 52.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1303b - AGREEMENTS FOR ALLOCATION OF SERVICES BETWEEN NEIGHBORING HOSPITALS.

39-1303b. AGREEMENTS FOR ALLOCATION OF SERVICES BETWEEN NEIGHBORING HOSPITALS. Hospitals serving the same, or generally the same, geographical area may, by agreement or other arrangement to eliminate duplication, allocate as between themselves, in whole or in part, the provision of those services and facilities defined by the board of health and welfare as requisite to their licensure as hospitals.
History:
[(39-1303b) 1976, ch. 122, sec. 1, p. 470; am. and redesignated 1980, ch. 159, sec. 6, p. 336.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1303c - CURTAILMENT OF REQUIRED SERVICES.

39-1303c. CURTAILMENT OF REQUIRED SERVICES. Any licensed facility or agency as defined, upon petition and showing of good cause therefor, to the satisfaction of the board may reduce, curtail or eliminate any service or facility which might otherwise be required for licensure by the board. A showing that the service or facility is unnecessary by reason of an arrangement with another facility or agency as defined, pursuant to section 39-1303b, Idaho Code, shall be conclusively deemed to be a showing of good cause under this section, and any licensed facility or agency as defined which, prior to January 1, 1976, had already reduced, curtailed or eliminated any service or facility by reason of the same being provided by another licensed facility or agency as defined, in the same community shall be deemed to have complied with this section.
History:
[(39-1303c) 1976, ch. 122, sec. 2, p. 470; am. and redesignated 1980, ch. 159, sec. 7, p. 336.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1304 - APPLICATION FOR LICENSE.

39-1304. APPLICATION FOR LICENSE. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder by the board of health and welfare.
History:
[39-1304, added 1947, ch. 133, sec. 4, p. 324; am. 1980, ch. 325, sec. 4, p. 826.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1305 - ISSUANCE AND RENEWAL OF LICENSE.

39-1305. ISSUANCE AND RENEWAL OF LICENSE. Upon receipt of an application for license and the license fee, when required, the licensing agency shall issue a license if the applicant meets the requirements established under this law. A license, unless sooner suspended or revoked, shall be renewable annually without charge upon filing by the licensee, and approval by the licensing agency, of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
History:
[39-1305, added 1947, ch. 133, sec. 5, p. 324; am. 1980, ch. 159, sec. 8, p. 336.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1306 - DENIAL OR REVOCATION OF LICENSE — HEARINGS AND REVIEW.

39-1306. DENIAL OR REVOCATION OF LICENSE — HEARINGS AND REVIEW. The licensing agency may deny any application or revoke any license when persuaded by evidence that such conditions exist as to endanger the health or safety of any resident. Before denial or revocation is final, the licensing agency shall provide opportunity for a hearing at which time the owner or sponsor of any facility or agency, as defined, may appear and show cause why the license should not be denied or revoked. The board shall provide by rule and regulation a procedure whereby a waiver of a specific rule, regulation or standard may be granted in the event that good cause is shown for such a waiver and providing that said waiver does not endanger the health and safety of any resident. The decision to grant a waiver shall not be considered as precedent or be given any force or effect in any other proceeding. Said waiver may be renewed annually if sufficient written justification is presented to the licensing agency. Hearings for licensure, including denial and revocation, shall be conducted by the licensing agency pursuant to chapter 52, title 67, Idaho Code, and appeal shall be as provided therein.
History:
[39-1306, added 1947, ch. 133, sec. 6, p. 324; am. 1980, ch. 159, sec. 9, p. 337.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1307 - RULES, REGULATIONS, AND ENFORCEMENT.

39-1307. RULES, REGULATIONS, AND ENFORCEMENT. The board shall have the authority to adopt, amend, and enforce rules, regulations, and standards consistent with the provisions of this chapter that are designed to protect the health and safety of patients being cared for in facilities or agencies as defined.
The board of health and welfare, with the advice of the advisory hospital council, shall adopt, amend, promulgate, and enforce such rules, regulations, and standards with respect to all hospitals or different types of hospitals to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety, and welfare. Any such rules, regulations, and standards issued under this chapter that are more restrictive than medicare conditions of participation shall not apply to hospitals that are certified by medicare, through accreditation, survey, or otherwise, to participate in the medicare program. Provided further that nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home, facility, or agency as defined, conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination except as to sanitary and safe conditions of the premises, cleanliness of operation, and its physical equipment.
History:
[39-1307, added 1947, ch. 133, sec. 7, p. 324; am. 1980, ch. 159, sec. 10, p. 338; am. 1980, ch. 325, sec. 5, p. 826; am. 2020, ch. 267, sec. 1, p. 777.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1307A - FOOD PURCHASING AND STORAGE.

39-1307A. FOOD PURCHASING AND STORAGE. Rules, regulations and minimum standards adopted by the board governing skilled nursing facilities or intermediate care facilities may provide requirements for food purchasing and storage, except that no rule, regulation or minimum standard may limit the maximum size of a container in which milk for drinking purposes may be purchased.
History:
[39-1307A, added 1988, ch. 330, sec. 1, p. 992.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1307B - MINIMUM STAFFING REQUIREMENTS.

39-1307B. MINIMUM STAFFING REQUIREMENTS. The board shall make no rule designed to limit the work activities of any person regularly assigned to duty as nursing or auxiliary personnel preceding the assignment within the facility governed by the rules, regulations and minimum standards of the board.
History:
[39-1307B, added 1988, ch. 330, sec. 2, p. 992.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1308 - EFFECTIVE DATE OF REGULATIONS.

39-1308. EFFECTIVE DATE OF REGULATIONS. Any facility or agency as defined, which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under sections 39-1301—39-1314, Idaho Code, shall be given a reasonable time, not to exceed two (2) years from the date of such promulgation, within which to comply with such rules and regulations and minimum standards, except for those conditions which present an imminent hazard to the health and safety of patients housed therein.
History:
[39-1308, added 1947, ch. 133, sec. 8, p. 324; am. 1980, ch. 159, sec. 11, p. 338.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1309 - INSPECTIONS AND CONSULTATIONS.

39-1309. INSPECTIONS AND CONSULTATIONS. The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. The licensing agency may prescribe by regulations that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. Necessary conferences and consultations may be provided.
History:
[39-1309, added 1947, ch. 133, sec. 9, p. 324.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1310 - INFORMATION.

39-1310. INFORMATION. Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this law, which would identify individual residents or patients of facilities or agencies as defined shall be subject to disclosure according to chapter 1, title 74, Idaho Code, except in a proceeding involving the question of licensure. Public disclosure of information obtained by the licensing agency for the purposes of this act shall be governed by chapter 1, title 74, Idaho Code. Nothing in this act, however, shall be construed, nor shall any rule or regulation be promulgated under this section, as to impair, restrict or alter the confidentiality and privilege afforded the physician and patient communications, including without limitation, documentation thereof in records of facilities or agencies as defined, or communications to and with nurses or other assisting persons or entities, nor shall this act be construed to amend by implication such physician-patient communication privilege as provided elsewhere in this code, including without limitation section 9-203(4), Idaho Code, which shall remain inviolate.
History:
[39-1310, added 1947, ch. 133, sec. 12, p. 324; am. 1975, ch. 133, sec. 1, p. 294; am. and redesig. 1980, ch. 159, sec. 13, p. 338; am. 1990, ch. 213, sec. 41, p. 514; am. 2015, ch. 141, sec. 87, p. 442.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1312 - PENALTY FOR OPERATING A FACILITY OR AGENCY WITHOUT LICENSE.

39-1312. PENALTY FOR OPERATING A FACILITY OR AGENCY WITHOUT LICENSE. Any person establishing, conducting, managing, or operating any facility or agency as defined, without a license under sections 39-1301—39-1314, Idaho Code, shall be guilty of a misdemeanor punishable by imprisonment in a county jail for a period of time not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300), or by both, and each day of continuing violations shall constitute a separate offense.
In the event that the county attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the violation, the attorney general is authorized to prosecute violations under this act.
History:
[(39-1312) 1947, ch. 133, sec. 15, p. 324; am. and redesignated 1980, ch. 159, sec. 15, p. 339.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1313 - INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE.

39-1313. INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may in the manner provided by law maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a facility or agency as defined, without a license under sections 39-1301—39-1314, Idaho Code.
The licensing agency shall be represented by the county prosecutor of the county in which the violation occurs or by the office of the attorney general.
History:
[(39-1313) 1947, ch. 133, sec. 16, p. 324; am. and redesignated 1980, ch. 159, sec. 16, p. 339.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1314 - SEPARABILITY.

39-1314. SEPARABILITY. If any provision of sections 39-1301—39-1314, Idaho Code, or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History:
[(39-1314) 1947, ch. 133, sec. 18, p. 324; am. and redesignated 1980, ch. 159, sec. 17, p. 339.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1318 - HOSPITAL BOARDS — DUTY TO ACQUIRE, CONSTRUCT, AND PROVIDE FACILITIES AND SERVICES.

39-1318. HOSPITAL BOARDS — DUTY TO ACQUIRE, CONSTRUCT, IMPROVE, MAINTAIN, AND PROVIDE FACILITIES AND SERVICES. The betterment and protection of the public health and care of the sick and afflicted are hereby declared to be the established and permanent policy of the state of Idaho. The duty is hereby imposed upon the hospital boards provided for by this act of acquiring, constructing, improving, providing, and maintaining facilities and services for the necessary care and treatment of persons requiring medical services.
History:
[39-1318, added 1965, ch. 173, sec. 1, p. 340; am. 1976, ch. 132, sec. 1, p. 497; am. 2021, ch. 46, sec. 1, p. 129.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1319 - DEFINITIONS.

39-1319. DEFINITIONS. A "hospital district" is one to furnish general hospital services, and together with such hospital services, nursing home services, or medical clinic services to the general public and all other such services as may be necessary for the care of the injured, maimed, sick, disabled, convalescent or long-term care patients. As used in sections 39-1318 through 39-1357, Idaho Code, "medical clinic" means a place devoted primarily to the maintenance and operation of facilities for outpatient medical, surgical and emergency care of acute and chronic conditions or injury.
The word "board" as used in this act shall mean the board of trustees of the district. A "qualified elector" of a district within the meaning of and entitled to vote under this act, is a person qualified to vote at general elections in this state, and who has been a bona fide resident of the district for at least thirty (30) days prior to any election in the district. A "taxpayer" within the meaning of and as used in this act is a person or the husband or wife of a person whose name appears on the tax rolls of the county and is there assessed with unexempted real or personal property owned and subject to taxation within the boundaries of the district.
Whenever the term "publication" is used in this act and no manner specified therefor, it shall be taken to mean once a week for three (3) consecutive weeks in at least one (1) newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the three (3) weeks, but not less than fourteen (14) days (excluding the first day of publication), shall intervene between the first publication and the last publication, and publication shall be complete on the day of the last publication.
History:
[39-1319, added 1965, ch. 173, sec. 2, p. 340; am. 1976, ch. 132, sec. 2, p. 497; am. 1990, ch. 354, sec. 1, p. 956; am. 1993, ch. 137, sec. 1, p. 337.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1320 - ORGANIZATION OF HOSPITAL DISTRICT — PETITION — CONTENTS — FILING.

39-1320. ORGANIZATION OF HOSPITAL DISTRICT — PETITION — CONTENTS — FILING. The organization of a hospital district shall be initiated by a petition filed with the board of county commissioners of the county of [in] which the said district is situated. Said petition shall be signed by not less than ten per cent (10%) of the qualified electors and taxpayers of the proposed district. The equalized county assessment list last preceding the presentation of the petition for the organization of the hospital district shall be sufficient evidence of the title for the purpose of this act, but other evidence may be received.
The petition shall set forth:
(1) The name of the proposed district consisting of a chosen name preceding the words "hospital district".
(2) A general statement of the purpose of the formation of said district.
(3) A general description of the boundaries of the district or territory to be included therein with such certainty to enable a property owner to determine whether or not his property is within the district.
(4) A map showing the general boundaries of such district in relation to outstanding natural monuments and terraine features.
(5) A prayer for the organization of the district.
Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one (1) petition. All petitions filed prior to the hearing on the first petition filed shall be considered by the board the same as though filed with the first petition placed on file.
Provided, however, that no such district shall be organized unless it shall appear that the boundaries of said district are wholly within the limits of a single county and that there shall be no unnatural extension of the boundaries of said district.
The petition together with all maps and other papers filed therewith shall at all proper hours be open to public inspection in the office of the clerk of the board of county commissioners between the date of their said filing and the date of an election to be held as hereinafter provided.
History:
[39-1320, added 1965, ch. 173, sec. 3, p. 340.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1321 - JOINT DISTRICTS IN ONE OR MORE COUNTIES.

39-1321. JOINT DISTRICTS IN ONE OR MORE COUNTIES. A hospital district as provided in section 39-1320 may be organized where it appears that said district will be within the boundaries of one (1) or more counties, where all the other requirements provided in section 39-1320 have been met, and the county commissioners of each county in which such district will be formed shall affirmatively find that the public welfare of that portion of the county will be served by the inclusion thereof in such joint county district, that such district is not an unnatural extension of a service district for hospital services, and that the petition for such district has been signed by not less than 10% of the qualified electors and taxpayers of that portion of the proposed district lying within the county.
History:
[39-1321, added 1965, ch. 173, sec. 4, p. 340.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1322 - NOTICE OF TIME OF HEARING ON PETITION — ORDER FIXING BOUNDARIES — APPEAL.

39-1322. NOTICE OF TIME OF HEARING ON PETITION — ORDER FIXING BOUNDARIES — APPEAL. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition which shall not be less than four (4) nor more than six (6) weeks from the date of the presentation and filing of such petition. A notice of time of such hearing shall be published by said board once each week for three (3) successive weeks previous to the time set for such hearing in a newspaper published within the county in which said district is situated. Said notice shall state that a hospital district is proposed to be organized giving the proposed boundaries thereof and that any taxpayer within the proposed boundaries of such proposed district may on the date fixed for such hearing appear and offer any objection to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property, therein or therefrom. After hearing and considering any and all objections, if any such be interposed, the county commissioners shall thereupon make an order, either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition. The boundaries so fixed shall be the boundaries of said district after its organization be completed as provided in this act, and a map showing the boundaries of such proposed district, as finally fixed and determined by the board of county commissioners, shall be prepared and filed in the office of the clerk of said board. Any person aggrieved by said order, or any taxpayer within said proposed district may take an appeal from said order establishing the boundaries of said district, in the manner provided by sections 31-1509, 31-1510, 31-1511, and 31-1512, Idaho Code, on questions of both law and fact.
History:
[39-1322, added 1965, ch. 173, sec. 5, p. 340.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1323 - ELECTION IN PROPOSED DISTRICT — NOTICE — QUALIFICATIONS OF VOTERS.

39-1323. ELECTION IN PROPOSED DISTRICT — NOTICE — QUALIFICATIONS OF VOTERS. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing and after the county commissioners have made an order finally fixing and determining the boundaries of the proposed district, and have made and entered an order calling an election to be held, subject to the provisions of section 34-106, Idaho Code, in said district, said clerk shall cause to be published a notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act. Provided, however, if an appeal is taken from such order establishing the boundaries, such election shall not be held until after the determination of such appeal. Such notice shall plainly and clearly designate the boundaries in or the boundaries of said districts, and shall state the name of the proposed districts as designated in the petition.
Such notice shall be published once not less than twelve (12) days prior to the election, and a second time not less than five (5) days prior to such election in a newspaper published within the county as aforesaid. At such election the voters shall vote for or against the organization of the district. No person shall be entitled to vote at any election held under the provisions of this chapter unless he or she shall possess all the qualifications required of electors under the general laws of the state and be a resident of the proposed district.
History:
[39-1323, added 1965, ch. 173, sec. 6, p. 340; am. 1995, ch. 118, sec. 48, p. 467.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1324 - ELECTION — MANNER OF CONDUCTING.

39-1324. ELECTION — MANNER OF CONDUCTING. Such election shall be held and conducted in accordance with the general election laws of the state, including the provisions of chapter 14, title 34, Idaho Code.
The board of county commissioners shall establish as many election precincts within such proposed district as may be necessary, and define the boundaries thereof. The county clerk shall appoint judges of election, one (1) of whom shall act as clerk for each such election precinct who shall perform the same duties as judges of election under the general laws of the state, and the result of such election shall be certified, canvassed and declared by the board of county commissioners. The reasonable compensation of said judges and clerks of election, and the expenses of publication of notices, printing of ballots and furnishing of supplies for the election shall be paid by the petitioners, and to this end the board of county commissioners are empowered to require the deposit of all estimated costs in advance of such election.
History:
[39-1324, added 1965, ch. 173, sec. 7, p. 340; am. 1995, ch. 118, sec. 49, p. 468; am. 2009, ch. 341, sec. 65, p. 1035.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1325 - ELECTION RESULTS — CANVASS AND CERTIFICATION — ORDER ESTABLISHING DISTRICT.

39-1325. ELECTION RESULTS — CANVASS AND CERTIFICATION — ORDER ESTABLISHING DISTRICT. Immediately after any election for voting upon the organization of a hospital district, the judges of said election shall certify the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall, at its next regular meeting, proceed to canvass the votes cast at such election, and if upon such canvass it shall appear that one half (1/2) or more of the votes cast at such election are "…. hospital district, no.", then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void. If it shall appear, upon such canvass, that more than one half (1/2) of the votes cast at such election are "…. hospital district, yes.", the said board shall by order entered on its minutes, declare such territory duly organized as a hospital district under the name designated in the petition.
If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and exclusively establish the regular organization of the said district against all persons, except the state of Idaho in an action in the nature of a writ of quo warranto commenced by the attorney general within thirty (30) days after the date of said order declaring such district organized, as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.
Said board shall cause one (1) copy of such order duly certified to be immediately filed for record in the office of the county recorder in the county in which such district is situated and shall transmit to the governor one (1) certified copy thereof.
From and after the date of such filing of said order of the board of county commissioners, declaring such territory duly organized as a hospital district, the organization of such district shall be completed, and thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation.
History:
[39-1325, added 1965, ch. 173, sec. 8, p. 340.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1325A - PETITIONS FOR DISSOLUTION OF HOSPITAL DISTRICTS.

39-1325A. PETITIONS FOR DISSOLUTION OF HOSPITAL DISTRICTS. (1) Proceedings for the dissolution of a hospital district may be initiated by a petition containing the signatures of qualified electors of the district or owners of property within the district equal in number to ten percent (10%) of the qualified electors and taxpayers of the district, the same percentage required for the organization of the district, but not earlier than four (4) years after the date of its establishment.
(2) The petition, when completed and verified, shall be filed with the clerk of the court of the county or counties if more than one (1) county is involved. The county clerk shall publish notice and the county commissioners shall hold a hearing on the matter. If necessary, they shall hold an election, subject to the provisions of section 34-106, Idaho Code, on the matter. The hearing and election shall be held in accordance with the terms and provisions of title 34, Idaho Code. The disposition of hospital district assets on dissolution and the provision for payment of district indebtedness shall be made in accordance with the provisions of sections 63-4105 and 63-4106, Idaho Code.
(3) If the hospital district embraces territory in more than one (1) county, an election for its dissolution shall be deemed approved only if a majority of the votes cast in each such county were cast in the affirmative. If, upon the canvass of ballots, it be determined that the proposition has been approved, the board of county commissioners of each county shall enter its order to that effect, subject to the provisions of section 39-1325C, Idaho Code, and the order shall by them be made a matter of record.
History:
[(39-1325A) 39-1325a, added 1988, ch. 173, sec. 1, p. 303; am. 1993, ch. 137, sec. 2, p. 338; am. 1995, ch. 118, sec. 50, p. 468; am. and redesig. 2004, ch. 263, sec. 1, p. 742; am. 2009, ch. 341, sec. 66, p. 1036.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1325B - NONFUNCTIONING DISTRICT.

39-1325B. NONFUNCTIONING DISTRICT. Any hospital district which fails or has ceased to function for two (2) or more years may be dissolved by the board or boards of county commissioners of the county or counties in which it is located. The county commissioners may initiate such action by resolution subject to the provisions of section 39-1325C, Idaho Code.
History:
[39-1325B, added 2004, ch. 263, sec. 2, p. 743.]