reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3417 - SALE OR PURCHASE OF PARTS PROHIBITED.

39-3417. SALE OR PURCHASE OF PARTS PROHIBITED. (1) Except as otherwise provided in subsection (2) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both such fine and imprisonment.
(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
(3) A coroner acting pursuant to this section shall not authorize the removal of a part from a body within the coroner’s custody if the coroner, or any deputy or agent of the coroner, derives or may derive any direct or indirect financial benefit relative to the removal, donation or use of the part.
History:
[39-3417, added 2007, ch. 30, sec. 2, p. 71.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3418 - OTHER PROHIBITED ACTS.

39-3418. OTHER PROHIBITED ACTS. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both such fine and imprisonment.
History:
[39-3418, added 2007, ch. 30, sec. 2, p. 71.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3419 - IMMUNITY.

39-3419. IMMUNITY. (1) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
(2) Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
(3) In determining whether an anatomical gift has been made, amended or revoked under this chapter, a person may rely upon representations of an individual listed in section 39-3409(1)(b), (c), (d), (e), (f), (g) or (h), Idaho Code, relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
History:
[39-3419, added 2007, ch. 30, sec. 2, p. 71.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3420 - LAW GOVERNING VALIDITY — CHOICE OF LAW AS TO EXECUTION OF DOCUMENT OF GIFT — PRESUMPTION OF VALIDITY.

39-3420. LAW GOVERNING VALIDITY — CHOICE OF LAW AS TO EXECUTION OF DOCUMENT OF GIFT — PRESUMPTION OF VALIDITY. (1) A document of gift is valid if executed in accordance with:
(a) This chapter;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
(2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
History:
[39-3420, added 2007, ch. 30, sec. 2, p. 71.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3421 - DONOR REGISTRY.

39-3421. DONOR REGISTRY. (1) The Idaho transportation department shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor’s making, amendment to, or revocation of an anatomical gift.
(2) A donor registry must:
(a) Allow a donor or other person authorized under section 39-3404, Idaho Code, to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;
(b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and
(c) Be accessible for purposes of paragraphs (a) and (b) of this subsection seven (7) days a week on a twenty-four (24) hour basis.
(3) Personally identifiable information on a donor registry about a donor or prospective donor shall not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
(4) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (2) and (3) of this section.
History:
[39-3421, added 2007, ch. 30, sec. 2, p. 72.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3422 - EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE.

39-3422. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE. (1) In this section:
(a) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor.
(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c) "Health care decision" means any decision regarding the health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 39-3409, Idaho Code. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
History:
[39-3422, added 2007, ch. 30, sec. 2, p. 72; am. 2009, ch. 176, sec. 1, p. 556.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3423 - COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION.

39-3423. COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION. (1) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
(2) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift and the removal will not interfere with any autopsy or investigation. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
History:
[39-3423, added 2007, ch. 30, sec. 2, p. 73.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3424 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

39-3424. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[39-3424, added 2007, ch. 30, sec. 2, p. 73.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3425 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

39-3425. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
History:
[39-3425, added 2007, ch. 30, sec. 2, p. 73.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3501 - LEGISLATIVE INTENT AND DECLARATION.

39-3501. LEGISLATIVE INTENT AND DECLARATION. The purpose of a certified family home in Idaho is to provide a homelike alternative designed to allow individuals to remain in a more normal family-styled living environment, usually within their own community. Certified family homes provide a home to individuals who are elderly, individuals with a mental illness, developmental disabilities, physical disabilities or to those unable to live alone, and whose mental, emotional and physical condition can be met by the care provider to delay the need for more expensive congregate care or other institutional care. The home must obtain a waiver under section 39-1301A, Idaho Code, to care for two (2) persons requiring care described in section 39-1301(b), Idaho Code.
It is the intent of the legislature that certified family homes be available to meet the needs of those residing in these homes while providing a more homelike environment focused on integrated community living rather than other more restrictive environments and by recognizing the capabilities of individuals to direct their own care.
The certified family home shall be operated by a provider who has demonstrated the knowledge and experience required to provide safe and appropriate services to each resident of the certified family home. The provider shall protect each resident’s rights and provide appropriate services to meet each resident’s needs. For those residents whose care is not paid with public funds, the certified family home shall conduct an objective, individualized assessment to determine resident needs, develop a comprehensive negotiated plan of service to meet those needs, deliver appropriate services to meet resident needs and ensure resident rights are honored.
The department is responsible for monitoring and enforcing the provisions of this chapter. This responsibility includes, but is not limited to: monitoring the condition of the certified family home, ensuring that each resident has an individualized written plan of care that includes activities of daily living and support services, and managing enforcement procedures when violations occur.
History:
[39-3501, added 2005, ch. 280, sec. 34, p. 899.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3503 - PAYMENT AGREEMENTS.

39-3503. PAYMENT AGREEMENTS. Each care provider shall negotiate a written, signed and dated agreement between the care provider and a resident specifying the amount of monthly payment to be paid by the resident and the method for payment.
History:
[(39-3503) 39-3575, added 1994, ch. 284, sec. 1, p. 890; am. 2000, ch. 274, sec. 113, p. 854; am. and redesig. 2005, ch. 280, sec. 53, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3504 - PHYSICAL AND ENVIRONMENTAL STANDARDS.

39-3504. PHYSICAL AND ENVIRONMENTAL STANDARDS. Standards shall be developed through the regulatory process by the department to assure a safe, sanitary and comfortable environment for residents of certified family homes.
History:
[(39-3504) 39-3578, added 1994, ch. 284, sec. 1, p. 890; am. 2000, ch. 274, sec. 116, p. 854; am. and redesig. 2005, ch. 280, sec. 55, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3506 - STATE CERTIFICATION TO SUPERSEDE LOCAL REGULATION.

39-3506. STATE CERTIFICATION TO SUPERSEDE LOCAL REGULATION. The provisions of this chapter, and the rules promulgated pursuant to this chapter, shall supersede any program of any political subdivision of the state which licenses or sets standards for certified family homes.
History:
[39-3506, added 1993, ch. 374, sec. 1, p. 1357; am. 2000, ch. 274, sec. 68, p. 837; am. 2005, ch. 280, sec. 36, p. 902.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3507 - ADMISSIONS.

39-3507. ADMISSIONS. A certified family home shall not admit or retain any resident requiring a level of services or type of service which the certified family home does not have the time or appropriate skills to provide.
History:
[39-3507, added 1993, ch. 374, sec. 1, p. 1358; am. 1996, ch. 207, sec. 28, p. 648; am. 2000, ch. 274, sec. 69, p. 837; am. 2005, ch. 280, sec. 37, p. 902.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3508 - ASSESSMENT.

39-3508. ASSESSMENT. The department shall employ uniform assessment criteria to assess functional and cognitive disability. The conclusions shall be deemed the assessment and shall be used to provide appropriate placement and funding for service needs.
History:
[39-3508, added 1996, ch. 207, sec. 30, p. 649; am. 2005, ch. 280, sec. 38, p. 903.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3509 - NEGOTIATED SERVICE AGREEMENT OR PLAN OF SERVICE.

39-3509. NEGOTIATED SERVICE AGREEMENT OR PLAN OF SERVICE. Each resident shall be provided a negotiated service agreement or plan of service to provide for coordination of services and for guidance of the care provider where the person resides. Upon completion, the agreement shall clearly identify the resident and describe the services to be provided to the resident and how such services are to be delivered.
History:
[39-3509, added 1996, ch. 207, sec. 32, p. 649; am. 2005, ch. 280, sec. 39, p. 903.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3510 - SEPARABILITY.

39-3510. SEPARABILITY. If any section, subsection, paragraph, sentence, or any other part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined to this section, subsection, paragraph, sentence, or any other part of this chapter directly involved in the controversy in which the judgment has been rendered.
History:
[(39-3510) 39-3579, added 1994, ch. 284, sec. 1, p. 890; am. and redesig. 2005, ch. 280, sec. 56, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3511 - ADVISORY COUNCIL.

39-3511. ADVISORY COUNCIL. The department shall establish a state level advisory council consisting of twenty (20) members appointed by the organizations and/or agencies represented on the council. The chairman of the council shall be elected from the membership. The members of the council shall be determined by the bylaws of the council.
History:
[39-3511, added 2005, ch. 280, sec. 40, p. 904; am. 2011, ch. 123, sec. 4, p. 347.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3512 - APPLICATION OF PROVISIONS.

39-3512. APPLICATION OF PROVISIONS. (1) Any individual providing care and housing commercially to the elderly, or individuals with mental illness, developmental disabilities, or physical disabilities shall at a minimum, meet the requirements of this chapter or other provision of law governing care and housing for the elderly, individuals with mental illness, developmental disabilities or physical disabilities if those provisions are more restrictive.
(2) Medical foster homes are exempt from the certification requirements under this chapter if the home provides care only to veterans who are not medicaid recipients and who are approved by the department of veterans affairs to receive care in the home.
(3) Homes that provide care to nonveterans as well as veterans shall not be exempt from the certification requirements of this chapter.
History:
[(39-3512) 39-3580, added 1996, ch. 207, sec. 49, p. 658; am. 2000, ch. 274, sec. 117, p. 855; am. and redesig. 2005, ch. 280, sec. 57, p. 912; am. 2015, ch. 47, sec. 2, p. 101.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3513 - TRAINING.

39-3513. TRAINING. The department shall assure that care providers receive, at a minimum, training which shall include the rights of the resident, and a basic understanding of the psychosocial and physical needs of residents to be served. The department will require annual continuing education requirements for care providers as defined by rules promulgated pursuant to this chapter.
History:
[(39-3513) 39-3577, added 1994, ch. 284, sec. 1, p. 890; am. 2000, ch. 274, sec. 115, p. 854; am. and redesig. 2005, ch. 280, sec. 54, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3519 - ACCESS BY ADVOCATES AND REPRESENTATIVES.

39-3519. ACCESS BY ADVOCATES AND REPRESENTATIVES. A certified family home shall permit advocates and representatives of community legal services programs, including the protection and advocacy system pursuant to 42 U.S.C. 15043 and 42 U.S.C. 10801 et seq., whose purposes include rendering assistance without charge to residents, to have access to the certified family home at reasonable times.
History:
[39-3519, added 1993, ch. 374, sec. 1, p. 1363; am. 2000, ch. 274, sec. 76, p. 841; am. 2005, ch. 280, sec. 42, p. 907.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3520 - APPLICATION FOR CERTIFICATION.

39-3520. APPLICATION FOR CERTIFICATION. An application for certification shall be made to regional offices of the department upon forms provided by the department and shall contain such information as the department reasonably requires which will include a background check and fingerprinting through the department. Following receipt of an application, the department shall conduct a study, including a visit to the home, to determine the capability of the provider to provide care as a certified family home.
History:
[(39-3520) 39-3562, added 1994, ch. 284, sec. 1, p. 888; am. 2000, ch. 274, sec. 102, p. 852; am. 2000, ch. 469, sec. 97, p. 1549; am. and redesig. 2005, ch. 280, sec. 44, p. 909.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3521 - ISSUANCE AND RENEWAL OF CERTIFICATION.

39-3521. ISSUANCE AND RENEWAL OF CERTIFICATION. Each certificate shall be issued only for the home and provider named in the application and shall not be transferable or assignable. Each certified family home is required to renew its certification annually. The application for renewal shall be filed with the regional office of the department within thirty (30) days prior to the date of expiration. The existing certificate, unless suspended or revoked, shall remain in force and effect until the department has acted upon the application renewal when such application for renewal is timely filed.
History:
[(39-3521) 39-3563, added 1994, ch. 284, sec. 1, p. 888; am. 2000, ch. 274, sec. 103, p. 852; am. and redesig. 2005, ch. 280, sec. 45, p. 909.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3522 - PROVISIONAL CERTIFICATION.

39-3522. PROVISIONAL CERTIFICATION. Upon initial investigation, should an applicant for a certificate be unable to meet a standard because of conditions that are unlikely to endure beyond six (6) months, the department may grant a provisional certificate pending the satisfactory correction of all deficiencies and provided that the deficiencies do not jeopardize the health and safety of residents. No more than one (1) provisional certificate shall be issued to the same certified family home in any twelve (12) month period.
History:
[(39-3522) 39-3564, added 1994, ch. 284, sec. 1, p. 888; am. 2000, ch. 274, sec. 104, p. 852; am. and redesig. 2005, ch. 280, sec. 46, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3523 - DENIAL OR REVOCATION OF A CERTIFICATE.

39-3523. DENIAL OR REVOCATION OF A CERTIFICATE. The department may deny the issuance of a certificate or revoke any certificate when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of any resident, or when the home is not in substantial compliance with the provisions of this chapter or rules promulgated pursuant to this chapter.
History:
[(39-3523) 39-3565, added 1994, ch. 284, sec. 1, p. 889; am. and redesig. 2005, ch. 280, sec. 47, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3524 - PROCEDURE FOR DENIAL OR REVOCATION OF A CERTIFICATE.

39-3524. PROCEDURE FOR DENIAL OR REVOCATION OF A CERTIFICATE. Immediately upon the denial of any application for a certificate, or the revocation of a certificate, the department shall notify the applicant in writing. The proceedings shall be conducted in accordance with the Idaho administrative procedure act and the department’s rules.
History:
[(39-3524) 39-3566, added 1994, ch. 284, sec. 1, p. 889; am. and redesig. 2005, ch. 280, sec. 48, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3525 - EFFECT OF PREVIOUS REVOCATION OR DENIAL OF A CERTIFICATE.

39-3525. EFFECT OF PREVIOUS REVOCATION OR DENIAL OF A CERTIFICATE. The department is not required to review the application of an applicant who has had a certificate denied or revoked until five (5) years have elapsed from the date of certificate denial, revocation, or appeals.
History:
[(39-3525) 39-3567, added 1994, ch. 284, sec. 1, p. 889; am. and redesig. 2005, ch. 280, sec. 49, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3526 - RULES PROVIDED.

39-3526. RULES PROVIDED. Upon initial certification, certified family homes shall be provided a printed copy of all applicable statutes and rules by the department, without charge.
History:
[(39-3526) 39-3568, added 1994, ch. 284, sec. 1, p. 889; am. 2000, ch. 274, sec. 105, p. 853; am. and redesig. 2005, ch. 280, sec. 50, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3527 - RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.

39-3527. RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE. The certifying agency shall inspect and provide technical assistance to certified family homes. The department may provide consulting services upon request to any certified family home to assist in the identification and correction of deficiencies and in the upgrading of the quality of care provided by the certified family home.
History:
[39-3527, added 2005, ch. 280, sec. 51, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3528 - OPERATING WITHOUT CERTIFICATION — MISDEMEANOR.

39-3528. OPERATING WITHOUT CERTIFICATION — MISDEMEANOR. Any person who operates a certified family home within the state without first obtaining certification as provided in this chapter shall be guilty of a misdemeanor.
History:
[(39-3528) 39-3571, added 1994, ch. 284, sec. 1, p. 889; am. 2000, ch. 274, sec. 108, p. 853; am. and redesig. 2005, ch. 280, sec. 52, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3554 - WAIVER OR VARIANCE.

39-3554. WAIVER OR VARIANCE. The board shall provide, by rule, a procedure whereby a temporary variance or a permanent waiver of a specific standard may be granted in the event that good cause is shown for such a variance or waiver and providing that a variance or waiver of a standard does not endanger the health and safety of any resident. The decision to grant a variance or waiver shall not be considered as precedent or be given any force of effect in any other proceeding.
History:
[39-3554, added 1993, ch. 374, sec. 1, p. 1370.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 35 - IDAHO CERTIFIED FAMILY HOMES › Section 39-3556 - COMPLAINTS.

39-3556. COMPLAINTS. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the certifying agency. Any such complaint shall be subject to the exemption from disclosure set forth in section 74-105(16), Idaho Code.
(2) The certifying agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules. If the certifying agency reasonably believes there has been such a violation, it shall conduct an inspection of the facility.
History:
[39-3556, added 2006, ch. 282, sec. 2, p. 869; am. 2015, ch. 141, sec. 90, p. 445.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3601 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

39-3601. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. The legislature, recognizing that surface water is one of the state’s most valuable natural resources, has approved the adoption of water quality standards and authorized the director of the department of environmental quality in accordance with the provisions of this chapter, to implement these standards. In order to maintain and achieve existing and designated beneficial uses and to conform to the expressed intent of congress to control pollution of navigable waters of the United States, the legislature declares that it is the purpose of this chapter to enhance and preserve the quality and value of the navigable waters of the United States within the state of Idaho, and to define the responsibilities of public agencies in the control, and monitoring of water pollution, and, through implementation of this chapter, enhance the state’s economic well-being. In consequence of the benefits resulting to the public health, welfare and economy, it is hereby declared to be the policy of the state of Idaho to protect this natural resource by monitoring and controlling water pollution; to support and aid technical and planning research leading to the control of water pollution, and to provide financial and technical assistance to municipalities, soil conservation districts and other agencies in the control of water pollution. The director, in cooperation with such other agencies as may be appropriate, shall administer this chapter. It is the intent of the legislature that the state of Idaho fully meet the goals and requirements of the federal clean water act and that the rules promulgated under this chapter not impose requirements beyond those of the federal clean water act.
History:
[39-3601, added 1995, ch. 352, sec. 1, p. 1166; am. 2001, ch. 103, sec. 30, p. 274; am. 2011, ch. 116, sec. 1, p. 320.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3604 - DESIGNATION OF INSTREAM BENEFICIAL USES.

39-3604. DESIGNATION OF INSTREAM BENEFICIAL USES. (1) The director shall designate the beneficial uses each surface water body can reasonably be expected to attain.
(2) Designated beneficial uses shall reflect existing uses. The director shall designate beneficial uses without regard to whether the uses are currently being attained or whether the uses are fully supported at the time of designation. In designating beneficial uses, the director shall consider:
(a) The existing uses of the water body;
(b) The physical, geological, hydrological, atmospheric, chemical and biological measures that affect the water body;
(c) The beneficial use attainability measures identified in section 39-3607, Idaho Code; and
(d) The economic impact of the designation and the economic costs required to fully support the beneficial uses.
(3) When designating beneficial uses for a water body, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. After consultation, the director shall identify the designated beneficial uses of each water body in the rules of the department pursuant to the rulemaking and public participation provisions of chapter 52, title 67, Idaho Code.
(4) Persons who either conduct nonpoint activities or who conduct operations on waters described in section 39-3609, Idaho Code, pursuant to a national pollution discharge elimination system permit, shall not be required to meet water quality criteria other than those necessary for the full support of a water body’s existing and designated beneficial uses, except as provided in section 39-3611, Idaho Code.
History:
[39-3604, added 1995, ch. 352, sec. 1, p. 1170; am. 1997, ch. 279, sec. 2, p. 832; am. 2013, ch. 348, sec. 2, p. 945.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3605 - IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS.

39-3605. IDENTIFICATION OF REFERENCE STREAMS OR CONDITIONS. The director shall, in consultation with the appropriate basin advisory group, identify reference streams or conditions to assist in determining whether the designated beneficial uses of water bodies within a basin are being fully supported. Streams or conditions shall be selected to represent the land types, land uses, hydrology, water uses and geophysical features within the basins described in this chapter. Reference streams or conditions shall be representative of one (1) of the following:
(1) A stream or other water body reflecting natural conditions with few impacts from human activities and which is representative of the highest level of support attainable in the basin; or
(2) A stream or water body reflecting the minimum conditions necessary to fully support the designated beneficial uses of the stream or water body; or
(3) Physical, chemical and biological indicators identified in the rules of the department which reflect full support of designated beneficial uses.
History:
[39-3605, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 3, p. 833; am. 2013, ch. 348, sec. 3, p. 945.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3605C - ENVIRONMENTAL REMEDIATION FUND ESTABLISHED.

39-3605C. ENVIRONMENTAL REMEDIATION FUND ESTABLISHED. There is hereby created in the state treasury a fund to be known as the environmental remediation fund. Surplus moneys in the environmental remediation fund shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury under section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the environmental remediation fund. The fund may have paid into it:
(1) Legislative appropriations and transfers from other funds;
(2) All donations and grants from any source which may be used for the provisions of this act;
(3) Any other funds which may hereafter be provided by law.
History:
[39-3605C, added 1995, ch. 344, sec. 2, p. 1133.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3606 - MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT.

39-3606. MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT. (1) The director shall conduct monitoring to determine whether designated beneficial uses of water bodies are fully supported. In making such determinations, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. The director shall use the appropriate water quality standards as identified in the rules of the department and shall compare the physical, chemical and biological measures of the water body with the reference stream or condition appropriate to the land type, land uses, hydrology, water uses and geophysical features of the water body as described in section 39-3605(2), Idaho Code. If the water body has such physical, chemical or biological measures as the reference stream or condition, even though such measures may be diminished from the conditions set forth in section 39-3605(1), Idaho Code, then the director shall deem the designated beneficial uses for the water body to be fully supported and as having achieved the objectives of the federal clean water act and of this chapter. When site-specific standards have been developed for an activity pursuant to the rules of the department, the use of reference streams as described in this section shall not be necessary.
(2) The physical, geological, hydrological, atmospheric, chemical or biological measures of a water body to be used to determine whether beneficial uses are fully supported may include, but are not limited to: stream width, stream depth, stream shade, sediment, bank stability, water flows, physical characteristics of the stream that affect habitat for fish, macroinvertebrate species or other aquatic life, and the variety and number of fish or other aquatic life.
History:
[39-3606, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 4, p. 833; am. 2013, ch. 348, sec. 4, p. 946.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3606C - APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER.

39-3606C. APPROPRIATION OF ENVIRONMENTAL REMEDIATION FUND — PURPOSE OF CHAPTER. Moneys in the environmental remediation fund may be used for annual legislative appropriations for the purpose of environmental cleanup and remediation and restoration in, but not limited to, the following areas:
(1) To provide the state’s matching share of grants for remediation including superfund grants;
(2) To provide for the operations of remediation activities.
History:
[39-3606C, added 1995, ch. 344, sec. 3, p. 1133.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3607 - REVISIONS AND ATTAINABILITY OF BENEFICIAL USES.

39-3607. REVISIONS AND ATTAINABILITY OF BENEFICIAL USES. The director shall, in consultation with the appropriate basin advisory group and watershed advisory group, conduct a beneficial use attainability assessment to determine whether beneficial uses should be revised. Designated uses shall be reviewed and revised when such physical, geological, hydrological, atmospheric, chemical or biological measures indicate the need to do so. The director shall consider the economic costs required to attain a revised beneficial use. A designated use, that is not an existing use, shall be removed when it is demonstrated that attaining the use is not feasible, using those factors set forth in 40 CFR 131.10(g).
Previous assessments of beneficial use attainability that are of a quality and content acceptable to the director shall constitute the baseline data against which future assessments shall be made to determine changes in the water body and what beneficial uses can be attained in it. In addition, the director, to the extent possible, may determine whether changes in the condition of the water body are the result of past or ongoing point or nonpoint source activities. The director shall also seek information from appropriate public agencies regarding land uses, water uses and geological or other information for the watershed that may affect water quality and the ability of the water body in question to attain designated beneficial uses. In carrying out the provisions of this section, the director may contract with private enterprises or public agencies to provide the desired data.
History:
[39-3607, added 1995, ch. 352, sec. 1, p. 1171; am. 2013, ch. 348, sec. 5, p. 946.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3608 - REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED.

39-3608. REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED. For streams or other water bodies where the director has determined that designated beneficial uses are being fully supported, the director shall assure, in a manner consistent with other existing applicable statutes, and rules, that all programs deemed necessary to maintain full support of designated beneficial uses are employed. In providing such assurances, the director may enter together into an agreement with public agencies in accordance with sections 67-2326 through 67-2333, Idaho Code.
History:
[39-3608, added 1995, ch. 352, sec. 1, p. 1172.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3609 - IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED.

39-3609. IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED. In accordance with the provisions set forth in the federal clean water act and after consultation with the appropriate basin advisory group and watershed advisory group, the director shall notify the appropriate public agencies of any water bodies in which the designated beneficial uses are not fully supported. For water bodies so identified, the director shall place such water bodies into one (1) of the following priority classifications for the development of total maximum daily load or equivalent processes:
(1) "High." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a significant risk to designated or existing beneficial uses. The director, in establishing this category, shall consider public involvement as set forth in this chapter.
(2) "Medium." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of the pollution poses a risk to designated or existing beneficial uses.
(3) "Low." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a minimal risk to designated or existing beneficial uses.
History:
[39-3609, added 1995, ch. 352, sec. 1, p. 1172; am. 1997, ch. 279, sec. 5, p. 833; am. 2013, ch. 348, sec. 6, p. 947; am. 2016, ch. 111, sec. 1, p. 316.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3610 - GENERAL LIMITATIONS ON POINT AND NONPOINT SOURCES FOR WATER BODIES NOT FULLY SUPPORTING BENEFICIAL USES.

39-3610. GENERAL LIMITATIONS ON POINT AND NONPOINT SOURCES FOR WATER BODIES NOT FULLY SUPPORTING BENEFICIAL USES. The director shall assure, in a manner consistent with existing statutes or rules, that for each category of water body, as described in section 39-3609(1) through (3), Idaho Code, the following limitations shall apply:
(1) For waters in the "high," category a total maximum daily load or equivalent process as described in this chapter shall be undertaken. Provided however, that nothing in this section shall be interpreted as requiring best management practices for agricultural operations which are not adopted on a voluntary basis.
(2) For waters in the "medium" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses.
(3) For waters in the "low" category, such changes in permitted discharges from point sources on the water body or to the best management practices for nonpoint sources within the watershed deemed necessary to prohibit further impairment of the designated or existing beneficial uses.
History:
[39-3610, added 1995, ch. 352, sec. 1, p. 1172.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3612 - INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS.

39-3612. INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS. Upon completion of total maximum daily load processes as set forth in section 39-3611, Idaho Code, the director shall integrate such processes into the state’s water quality management plan developed pursuant to the federal clean water act. Total maximum daily load processes shall be used by all designated agencies for achieving water quality standards.
History:
[39-3612, added 1995, ch. 352, sec. 1, p. 1173; am. 2003, ch. 351, sec. 2, p. 939.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3613 - CREATION OF BASIN ADVISORY GROUPS.

39-3613. CREATION OF BASIN ADVISORY GROUPS. The director, in consultation with the designated agencies, shall name, for each of the state’s major river basins, no less than one (1) basin advisory group which shall generally advise the director on water quality objectives for each basin and work in a cooperative manner with the director to achieve these objectives. Each such group shall establish by majority vote, operating procedures to guide the work of the group. Members shall be compensated pursuant to section 59-509(c), Idaho Code. The membership of each basin advisory group shall be representative of the industries and interests directly affected by the implementation of water quality programs within the basin and each member of the group shall either reside within the basin or represent persons with a real property interest within the basin. Recognized groups representing those industries or interests in the basin may nominate members of the group to the director. Each basin advisory group named by the director shall reflect a balanced representation of the interests in the basin and shall, where appropriate, include a representative from each of the following: agriculture, mining, nonmunicipal point source discharge permittees, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, and environmental interests. In addition, the director shall name one (1) person to represent the public at large who may reside outside the basin. Members named to the basin advisory groups shall, in the opinion of the director, have demonstrated interest or expertise which will be of benefit to the work of the basin advisory group. The director may also name as may be needed those who have expertise necessary to assist in the work of the basin advisory group who shall serve as technical nonvoting advisers to the basin advisory group.
History:
[39-3613, added 1995, ch. 352, sec. 1, p. 1174; am. 1997, ch. 214, sec. 1, p. 634; am. 2001, ch. 103, sec. 32, p. 277; am. 2001, ch. 371, sec. 1, p. 1296; am. 2007, ch. 90, sec. 21, p. 258.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3614 - DUTIES OF THE BASIN ADVISORY GROUP.

39-3614. DUTIES OF THE BASIN ADVISORY GROUP. Each basin advisory group shall meet as necessary to conduct the group’s business and to provide general coordination of the water quality programs of all public agencies pertinent to each basin. Duties of the basin advisory groups shall include, but not be limited to, providing advice to the director for:
(1) Determining priorities for monitoring;
(2) Revisions in the beneficial uses designated for each stream and the status and attainability of designated or existing beneficial uses for the water bodies within the basin;
(3) Assigning water bodies to the categories described in section 39-3609, Idaho Code;
(4) Reviewing the development and implementation of total maximum daily load processes as described in section 39-3611, Idaho Code;
(5) Suggesting members of the watershed advisory groups described in section 39-3615, Idaho Code; and
(6) Establishing priorities for water quality programs within the basin based on the economic resources available to implement such programs.
In carrying out the provisions of this chapter, the director and the basin advisory groups shall employ all means of public involvement deemed necessary, including the public involvement required by section 39-3603, Idaho Code, or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.
History:
[39-3614, added 1995, ch. 352, sec. 1, p. 1174.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 36 - WATER QUALITY › Section 39-3615 - CREATION OF WATERSHED ADVISORY GROUPS.

39-3615. CREATION OF WATERSHED ADVISORY GROUPS. Basin advisory groups shall identify representatives of the industries and other interests affected by the management of water quality within a watershed who are prospective members of an advisory group for the watershed and shall advise the director of their findings. The director, upon the advice of the appropriate basin advisory group, shall name watershed advisory groups which will generally advise the department on the appropriateness, attainability and status of existing and designated beneficial uses and water quality criteria within the watershed, and on the development and implementation of TMDLs and other state water quality plans, including those specific actions needed to control point and nonpoint sources of pollution within the watersheds of those water bodies where designated beneficial uses are not fully supported. Each watershed advisory group shall be formed early enough to complete consultation, as provided in section 39-3611(8), Idaho Code, prior to the date the TMDL and any supporting subbasin assessment is scheduled to be submitted to the United States environmental protection agency for approval.
If the members of the watershed advisory group, with the concurrence of the basin advisory group, advise the director that applicable water quality standards within the watershed are not attainable or are inappropriate based upon supporting data, the director shall initiate the process or processes to assess such standards and to change or remove the standards that are shown by the assessment to be unattainable or inappropriate, consistent with this chapter.
Members of each watershed advisory group shall be representative of the industries and interests affected by the management of that watershed and shall, where appropriate, include a representative from each of the following: agriculture, mining, point source dischargers, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, environmental interests and the land managing or regulatory agencies with an interest in the management of that watershed and the quality of the water bodies within it.
Members of each watershed advisory group shall serve and shall not be reimbursed for their expenses during their term of service.
History:
[39-3615, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 7, p. 835; am. 2005, ch. 334, sec. 3, p. 1051.]