reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-420 - CIVIL ACTIONS BY DISTRICT BOARD — ENFORCEMENT OF ACT — ABATEMENT OF NUISANCES.

39-420. CIVIL ACTIONS BY DISTRICT BOARD — ENFORCEMENT OF ACT — ABATEMENT OF NUISANCES. The district board in its name shall commence and maintain all proper and necessary civil actions and proceedings to enforce the provisions of this act and the preservation and protection of the public and is specifically directed to abate nuisances when necessary for the purpose of elimination of sources of filth, infestations, infections, communicable diseases, health hazards, and conditions not compatible with the preservation and protection of the public health. Enforcement of a final determination of the district board shall be commenced by filing an action in the district court, by any party to the board action, the board, or the director, and the introduction of the final determination.
History:
[39-420, added 1970, ch. 90, sec. 12, p. 218; am. 1973, ch. 29, sec. 12, p. 56.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-421 - SPECIAL COUNSEL OF DISTRICT BOARD.

39-421. SPECIAL COUNSEL OF DISTRICT BOARD. The district board is hereby authorized to engage special counsel to defend it and the members in all action and proceedings brought against it or them with respect to their official duties hereunder. In addition, such special counsel may bring any civil action requested by the district board. The special counsel may request the prosecuting attorney of any county within the district for appointment as special prosecutor to assist in prosecuting any alleged violations of any of the provisions of this chapter which occurred within such county. Upon receipt of such request, the prosecutor of such county may forthwith designate the district’s special counsel as special prosecutor to assist in prosecuting the alleged offender, and such special counsel shall have all the powers of a prosecuting attorney while acting as special prosecuting attorney. Compensation of such special counsel for acting as special prosecutor shall be paid by the district and subject to recovery as provided in section 39-419, Idaho Code.
History:
[39-421, added 1970, ch. 90, sec. 13, p. 218; am. 1976, ch. 179, sec. 5, p. 648; am. 1992, ch. 122, sec. 3, p. 401.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-422 - PUBLIC HEALTH DISTRICT FUND — ESTABLISHMENT — DIVISIONS — FISCAL OFFICER — EXPENDITURES.

39-422. PUBLIC HEALTH DISTRICT FUND — ESTABLISHMENT — DIVISIONS — FISCAL OFFICER — EXPENDITURES. (1) There is hereby authorized and established in the state treasury a special fund to be known as the public health district fund for which the state treasurer shall be custodian. Within the public health district fund there shall be seven (7) divisions, one (1) for each of the seven (7) public health districts. Each division within the fund will be under the exclusive control of its respective district board of health and no moneys shall be withdrawn from such division of the fund unless authorized by the district board of health or its authorized agent.
(2) The procedure for the deposit and expenditure of moneys from the public health district fund will be in accordance with procedures established between all district boards and the state controller. All income and receipts received by the districts shall be deposited in the public health district fund.
(3) Except for claims eligible for payment from the retained risk account established by section 67-5776, Idaho Code, claims against the divisions of the public health district fund are not claims against the state of Idaho. Claims against an individual health district are limited to that district’s division moneys and losses eligible for payment from the retained risk account established by section 67-5776, Idaho Code.
History:
[39-422, added 1970, ch. 90, sec. 15, p. 218; am. 1973, ch. 29, sec. 13, p. 56; am. 1974, ch. 23, sec. 75, p. 633; am. 1976, ch. 51, sec. 10, p. 176; am. 1976, ch. 179, sec. 6, p. 644; am. 1982, ch. 133, sec. 3, p. 382; am. 1994, ch. 180, sec. 73, p. 475; am. 1999, ch. 61, sec. 4, p. 161; am. 2022, ch. 222, sec. 2, p. 736.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-423 - BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT.

39-423. BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT. The chairmen of the boards of county commissioners located within the public health district are hereby constituted as the budget committee of the public health district.
The district board will submit to the budget committee by the first Monday in June of each year the preliminary budget for the public health district and the estimated cost to each county, as determined by the provisions of section 39-424, Idaho Code.
On or before the first Monday in July, there will be held at a time and place determined by the budget committee a budget committee meeting and public hearing upon the proposed budget of the district. Notice of the budget committee meeting and public hearing shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each public health district to be determined by the district board of health. A copy of such notice shall also be published in the official newspaper or a generally circulated newspaper of each county of such public health district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A summary of such proposed budget shall be published with and as a part of the publication of such notice of hearing in substantially the form required by section 31-1604, Idaho Code.
On or before the first Monday in July, a budget for the public health district shall be agreed upon and approved by a majority of the budget committee. Such determination shall be binding upon all counties within the district and the district itself.
Nothing in this section shall prevent the chairman of a board of county commissioners from appointing a designee to represent him on the budget committee if the chairman is unable to attend the budget committee meeting, provided that the designee must be an elected county commissioner from the same county as the chairman of the board of county commissioners.
History:
[39-423, added 1970, ch. 90, sec. 16, p. 218; am. 1971, ch. 27, sec. 1, p. 71; am. 1973, ch. 29, sec. 14, p. 56; am. 1974, ch. 23, sec. 76, p. 633; am. 1974, ch. 58, sec. 1, p. 1134; am. 1977, ch. 77, sec. 1, p. 157; am. 1984, ch. 39, sec. 1, p. 65; am. 1986, ch. 63, sec. 7, p. 184; am. 1999, ch. 61, sec. 5, p. 161; am. 2021, ch. 336, sec. 7, p. 1025.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-424 - COST OF MAINTENANCE OF DISTRICT — APPORTIONMENT TO MEMBER COUNTIES.

39-424. COST OF MAINTENANCE OF DISTRICT — APPORTIONMENT TO MEMBER COUNTIES. The manner of apportioning the contributions of the counties as part of the budget of the health district, created pursuant to section 39-423, Idaho Code, shall be as follows:
(1) Seventy percent (70%) of the amount to be contributed by the counties shall be apportioned among the various counties within the health district on the basis of population. The proportion of the total population of each county as compared to the total population of the health district shall be the proportion by which such county shall share in the contribution of county funds for the maintenance of the health district, pursuant to this subsection. The population will be determined by the last general census when applicable. When a general census number is not applicable, population shall be estimated for each county by the state department of commerce and such estimated population number shall be certified to each health district by not later than April 1.
(2) Thirty percent (30%) of the amount to be contributed by the counties shall be apportioned among the counties within the district on the basis of taxable market value for assessment purposes. The proportion of the total taxable market value for assessment purposes of each county as compared to the total taxable market value for assessment purposes of the health district shall be the proportion by which such county shall share in the contribution of funds for the maintenance of the health district, pursuant to this subsection. Total taxable market value for assessment purposes shall mean the total taxable market value for assessment purposes as computed by the county assessor for the preceding full calendar year. Taxable market value for each county shall be certified to the health districts by the state tax commission for the preceding year.
History:
[39-424, added 1976, ch. 179, sec. 8, p. 649; am. 1986, ch. 63, sec. 8, p. 185; am. 1999, ch. 61, sec. 6, p. 162.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-424A - ADDITIONAL COUNTY AID TO DISTRICTS — PROCEDURES.

39-424A. ADDITIONAL COUNTY AID TO DISTRICTS — PROCEDURES. (1) Beginning on January 1, 2022, and each year thereafter, the various boards of county commissioners shall be responsible for providing additional annual aid to the public health districts. The amount of such additional county aid shall not be less than the amount appropriated to the various public health districts by the legislature for state fiscal year 2021.
(2) The manner of apportioning the additional aid from the various counties shall be calculated pursuant to section 39-424, Idaho Code, unless an alternative manner of apportioning the additional aid is agreed to by the budget committees of the various public health districts.
(3) A county may use any fund balance accruing pursuant to chapter 35, title 31, Idaho Code, to fund the annual aid provided for in this section.
History:
[39-424A, added 2021, ch. 336, sec. 8, p. 1025; am. 2022, ch. 318, sec. 60, p. 1032.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-425 - STATE AID TO DISTRICTS — PROCEDURES.

39-425. STATE AID TO DISTRICTS — PROCEDURES. (1) The legislature may authorize or grant additional funds to the various public health districts for selected projects.
(2) The liability of the state of Idaho to the public health districts and the public health district fund and its divisions is limited to:
(a) The funds actually authorized or granted to the various public health districts as provided for in subsection (1) of this section; and
(b) The funds due the various health districts in payment of legally authorized contracts and agreements entered into between the departments of the state of Idaho and the various public health districts.
History:
[39-425, added 1976, ch. 295, sec. 2, p. 1021; am. 1986, ch. 64, sec. 1, p. 186; am. 1990, ch. 32, sec. 1, p. 47; am. 1999, ch. 61, sec. 7, p. 163; am. 2021, ch. 336, sec. 9, p. 1026.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-426 - PUBLIC EMPLOYEES RETIREMENT SYSTEM.

39-426. PUBLIC EMPLOYEES RETIREMENT SYSTEM. All public health districts shall budget sufficient funds to allow for participation in the Idaho public employees retirement system as created by chapter 13, title 59, Idaho Code.
History:
[39-426, added 1970, ch. 90, sec. 19, p. 218.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-501 - PURPOSE.

39-501. PURPOSE. The protection of ground water quality is essential for life, health and furthering matters of commerce. Multiple public agencies have regulatory jurisdiction over various aspects of everyday human activity that can and do pose risks to vital underground water supplies. Enforcement of current rules and regulations, implementation of educational programs, and inspection of potential sources of pollution require funding beyond the budgets of agencies charged with these responsibilities. The coordination of work by public agencies to assist in the prevention of degradation of valuable ground water can be a cost-effective alternative to after the fact remediation of a degraded resource. Certain ground water quality problems cannot be remedied, only prevented. The purposes of establishing an aquifer protection district include protection of the state’s economy, maintaining a water supply that does not require extensive treatment prior to human consumption or commercial use, avoiding the economic costs of remedial action, and protecting the well-being of communities that depend upon aquifers for essential human needs.
History:
[39-501, added 2006, ch. 304, sec. 1, p. 937.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-502 - GOVERNING BOARD.

39-502. GOVERNING BOARD. For purposes of this chapter, the term "governing board" means the board of county commissioners of a county creating, or participating in, an aquifer protection district or multicounty aquifer protection district.
History:
[39-502, added 2006, ch. 304, sec. 1, p. 938.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-503 - AQUIFER PROTECTION DISTRICT AUTHORIZED.

39-503. AQUIFER PROTECTION DISTRICT AUTHORIZED. (1) In counties where a state designated sensitive resource aquifer has been declared as prescribed by rules of the department of environmental quality, and such designation was made prior to the enactment of this act, the board of county commissioners of any such county may, upon petition, hold an election for establishment of, or participation in, an aquifer protection district as authorized by this chapter.
(2) A multicounty aquifer protection district may be established by a joint powers agreement as authorized by chapter 23, title 67, Idaho Code, provided all participating counties have held elections and voted in favor of establishment of, or participation in, an aquifer protection district. Every reference to a county in this chapter may be applicable to the multiple counties that participate in a multicounty aquifer protection district.
(3) An aquifer protection district is a political subdivision of the state of Idaho subordinate to the county or counties in which it is formed. The governing board of an aquifer protection district is authorized to provide coordination and funding for aquifer protection activities carried out by county government, other political subdivisions, state agencies, and private individuals or interests. The boundaries of an aquifer protection district shall conform as nearly as practicable to boundaries of the subject aquifer, the aquifer’s recharge areas, and areas that may be dependent upon the aquifer as a source of water.
History:
[39-503, added 2006, ch. 304, sec. 1, p. 938.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-505 - GOVERNANCE — POWERS AND DUTIES.

39-505. GOVERNANCE — POWERS AND DUTIES. In addition to powers and duties otherwise set forth in this chapter, governing boards shall have the following powers and duties:
(1) To contract with public agencies and private individuals or entities to carry out district responsibilities and accomplish purposes of the district.
(2) To apply for and receive grants to carry out aquifer protection district purposes.
(3) To sue and be sued, and be a party to suits, actions and proceedings.
(4) Except as otherwise provided in this chapter, to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America, the state of Idaho and any of its agencies or instrumentalities, public or private corporations, municipalities and other governmental subdivisions, and to cooperate with any one (1) or more of these entities to achieve the purposes of the district.
(5) To borrow money, provided however, that borrowing shall be limited to the Idaho water resource board revolving development fund pursuant to section 42-1756, Idaho Code.
(6) To have the management, control and supervision of all business and affairs of the district.
(7) To hire and retain agents, consultants and professional advisers concerning district matters.
(8) To fix, and from time to time to increase or decrease, aquifer protection fees or charges for services or facilities furnished by the district, for the payment of any current charges or indebtedness of the district.
(9) To adopt and amend resolutions not in conflict with the constitution and laws of the state for carrying on the business, objectives and affairs of the board and of the district.
(10) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
History:
[39-505, added 2006, ch. 304, sec. 1, p. 939.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-506 - POWERS NOT GRANTED.

39-506. POWERS NOT GRANTED. An aquifer protection district shall have no independent regulatory powers and no power to levy taxes. Such restriction shall not otherwise limit the police powers of the board of county commissioners.
History:
[39-506, added 2006, ch. 304, sec. 1, p. 940.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-507 - POLICY AND BUDGET ADVISORY COMMITTEE.

39-507. POLICY AND BUDGET ADVISORY COMMITTEE. Subsequent to formation of an aquifer protection district, and as it regards the aquifer protection district, the governing board shall appoint a policy and budget advisory committee comprised of not less than nine (9) nor more than eleven (11) members. The policy and budget advisory committee shall be comprised of residents of the aquifer protection district boundaries with the following characteristics:
(1) A representative of a municipal domestic water provider;
(2) A representative of a water district;
(3) A representative of an irrigation district;
(4) A representative of a private water system;
(5) A representative of a well recognized business organization;
(6) A representative of a well recognized environmental organization;
(7) A representative of the agricultural community;
(8) A hydrologist or engineer; and
(9) A citizen consumer.
The responsibilities of the policy and budget advisory committee shall include making recommendations to the governing board for work program elements, proposing methods of cooperation among public agencies with regulatory jurisdiction concerning aspects of aquifer protection, developing an aquifer protection budget recommendation to forward to the governing board and carrying out such other aquifer protection activities as the governing board, resident and committee member interest, and appropriated budget allow. In addition to the budget hearing required by section 39-508, Idaho Code, the budget and policy advisory committee shall conduct at least one (1) public hearing during each fiscal year to solicit public comment regarding aquifer protection needs. Notice of such hearing shall, at a minimum, comply with the standards for legislative hearings as provided by law. Any vacancies on the policy and budget advisory committee shall be filled in the same manner as the initial appointment.
History:
[39-507, added 2006, ch. 304, sec. 1, p. 940.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 5 - AQUIFER PROTECTION DISTRICTS › Section 39-508 - AQUIFER PROTECTION DISTRICT FUNDS — FEES — BUDGET.

39-508. AQUIFER PROTECTION DISTRICT FUNDS — FEES — BUDGET. (1) Funds received and expended in the name of an aquifer protection district shall be budgeted, managed and audited in the same manner as funds of a county. Any such revenues and expenditures shall be accounted for separate from other county funds. The reasonable expenses of managing aquifer protection district fiscal and legal affairs are legitimate costs of district operation and use of county systems for fee collection is authorized hereby. The fiscal year for an aquifer protection district shall conform to the fiscal year for counties.
(2) Fees reasonably related to the actual cost of services rendered by an aquifer protection district may be charged to owners of land benefitted by the availability of water from the aquifer to be protected by the district. The maximum fee authorized per dwelling unit shall not exceed twelve dollars ($12.00) annually. The maximum charge for nonresidential uses shall not exceed twice the maximum authorized residential fee, and such nonresidential fee shall be established and calculated in a manner that is roughly proportional to aquifer use or other measure of benefits derived from protection of the aquifer.
(3) Each fiscal year the budget and policy advisory committee shall conduct a public budgetary process, including at least one (1) public hearing concerning a proposed aquifer protection district budget, before recommending a proposed budget to the governing board. Any such recommendation shall be transmitted to the governing board prior to the date of advertising the annual county budget hearing. The budget for an aquifer protection district shall be considered by the governing board in the course of its annual budget process. An aquifer protection district shall follow the financial accountability standards and limitations applicable to counties.
History:
[39-508, added 2006, ch. 304, sec. 1, p. 941.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-601 - VENEREAL DISEASES ENUMERATED.

39-601. VENEREAL DISEASES ENUMERATED. Syphilis, gonorrhea, human immunodeficiency virus (HIV), chlamydia and hepatitis B virus (HBV), hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable and dangerous to public health; and it shall be unlawful for anyone infected with these diseases or any of them to knowingly expose another person to the infection of such diseases.
History:
[(39-601) 1921, ch. 200, secs. 1, 6, p. 406; I.C.A., sec. 38-501; am. 1945, ch. 52, sec. 1, p. 67; am. 1986, ch. 70, sec. 1, p. 195; am. 1988, ch. 45, sec. 1, p. 51; am. 1990, ch. 143, sec. 1, p. 322; am. 2012, ch. 311, sec. 1, p. 858.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-601A - POLICY ON EXPENDITURES.

39-601A. POLICY ON EXPENDITURES. It is the intent of the legislature that governmental authorities shall be required to provide those services authorized or mandated by law for treatment or testing for the diseases enumerated in section 39-601, Idaho Code, only to the extent of funding and available resources appropriated.
History:
[39-601A, added 1988, ch. 45, sec. 2, p. 51.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-602 - REPORT OF VENEREAL DISEASE TO HEALTH AUTHORITIES.

39-602. REPORT OF VENEREAL DISEASE TO HEALTH AUTHORITIES. Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary or charitable or penal institution, in which there is a case of venereal disease, shall immediately make a report of such case to the department of health and welfare, according to such form and manner as the state board of health and welfare shall direct.
History:
[(39-602) 1921, ch. 200, sec. 2, p. 406; I.C.A., sec. 38-502; am. 1974, ch. 23, sec. 95, p. 633; am. 1990, ch. 143, sec. 2, p. 322.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-603 - EXAMINATION, TREATMENT, AND QUARANTINE — REPRESSION OF PROSTITUTION.

39-603. EXAMINATION, TREATMENT, AND QUARANTINE — REPRESSION OF PROSTITUTION. State, county and municipal health officers, or their authorized deputies, within their respective jurisdiction, are hereby directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations, or have examinations made by competent physician, of persons reasonably suspected of being infected with venereal disease, and to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured, or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons affected with venereal disease. It shall be the duty of all local and state health officers to investigate sources of infection of venereal diseases, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution.
History:
[(39-603) 1921, ch. 200, sec. 3, p. 406; I.C.A., sec. 38-503.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-605 - RULES FOR CARRYING OUT LAW.

39-605. RULES FOR CARRYING OUT LAW. The state board of health and welfare is hereby empowered and directed to make such rules as shall, in its judgment, be necessary for the carrying out of the provisions of this chapter, including rules providing for the control and treatment of persons isolated or quarantined under the provisions of section 39-603, Idaho Code, and such other rules, not in conflict with provisions of this chapter, concerning the control of venereal diseases, and concerning the care, treatment and quarantine of persons infected therewith, as it may from time to time deem advisable. All such rules so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter, and shall have the force and effect of law. Such rules may be amended from time to time by the state board of health and welfare. All rules must be entered on the minutes of the state board of health and welfare and copies shall be furnished to all county and municipal health officers and to anyone else who may apply for same. Such rules shall be adopted and become effective in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[(39-605) 1921, ch. 200, sec. 5, p. 406; I.C.A., sec. 38-505; am. 1974, ch. 23, sec. 97, p. 633; am. 1993, ch. 216, sec. 24, p. 607.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-606 - REPORTS.

39-606. REPORTS. Reports to the director of the department of health and welfare of the existence of diseases included in this chapter shall be made by the name of the patient being treated for such disease. It is the intent of this chapter to observe all possible secrecy for the benefit of the sufferer so long as the said sufferer conforms to the requirements of this chapter. Confidential disease reports containing patient identification reported under this section shall only be used by public health officials who must conduct investigations and shall be subject to disclosure according to chapter 1, title 74, Idaho Code. Any person who willfully or maliciously discloses the content of any confidential public health record, as described herein to any third party, except pursuant to a written authorization by the person who is the subject of the record or by his or her guardian or conservator, or as otherwise authorized by law, shall be guilty of a misdemeanor.
History:
[(39-606) 1921, ch. 200, sec. 7, p. 406; I.C.A., sec. 38-506; am. 1974, ch. 23, sec. 98, p. 633; am. 1987, ch. 222, sec. 1, p. 475; am. 1990, ch. 213, sec. 38, p. 513; am. 2015, ch. 141, sec. 84, p. 440.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-607 - PENALTIES FOR VIOLATIONS.

39-607. PENALTIES FOR VIOLATIONS. Any person who shall violate any lawful rule or regulation made by the state board of health and welfare, pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any public health authority, pursuant to the authority granted in this chapter, or any person who, knowing that he or she is infected with syphilis, gonorrhea or chancroid, exposes another person to the infection of such disease, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not more than three hundred dollars ($300) or by imprisonment in the county jail for not more than six (6) months; or by both such fine and imprisonment.
History:
[(39-607) 1921, ch. 200, sec. 8, p. 406; I.C.A., sec. 38-507; am. 1945, ch. 55, sec. 1, p. 71; am. 1974, ch. 23, sec. 99, p. 633; am. 1988, ch. 45, sec. 4, p. 52.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-608 - TRANSFER OF BODY FLUID WHICH MAY CONTAIN THE HIV VIRUS — PUNISHMENT — DEFINITIONS — DEFENSES.

39-608. TRANSFER OF BODY FLUID WHICH MAY CONTAIN THE HIV VIRUS — PUNISHMENT — DEFINITIONS — DEFENSES. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine.
(2) Definitions. As used in this section:
(a) "Body fluid" means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine.
(b) "Transfer" means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person.
(3) Defenses:
(a) Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity.
(b) Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious.
History:
[39-608, added 1988, ch. 151, sec. 1, p. 271.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-609 - DECLARATION OF POLICY.

39-609. DECLARATION OF POLICY. The legislature hereby declares that infection with human immunodeficiency virus, the virus which causes acquired immune deficiency syndrome (AIDS), is an infectious and communicable disease that endangers the population of this state. The legislature further declares that reporting of HIV infection to public health officials is essential to enable a better understanding of the disease, the scope of exposure, the impact on the community, and the means of control and that efforts to control the disease should include public education, counseling, and voluntary testing and that restrictive enforcement measures should be used only when necessary to protect the public health. It is hereby declared to be the policy of this state that an effective program of preventing AIDS must maintain the confidentiality of patient information and restrict the use of such information solely to public health requirements. This confidentiality is essential so that infected persons are encouraged to reveal their condition to persons who have a legitimate need to know in order that they may assist the patient. Conversely, there is a need for certain individuals to know of the patient’s condition so that they may be protected from the disease or protect themselves and others closely associated with them or with the patient. The legislature believes that the balancing of the need to know by certain individuals in relationship to the need to maintain confidentiality to encourage reporting is essential to control the spread of the disease. This balancing cannot be fully codified in statutory law and must be left to the judgment and discretion of public health officials. If in the judgment of public health authorities an imminent danger to the public health exists due to an individual having a disease enumerated in section 39-601, Idaho Code, public health authorities shall take such action as is authorized in this chapter and as is necessary to prevent danger to the public health. Persons who have a legitimate need to know may include health care personnel, doctors, nurses, dentists, persons providing emergency medical services, morticians, lab technicians and school authorities. This is not intended to limit the usual and customary exchange of information between health care providers.
History:
[39-609, added 1988, ch. 45, sec. 5, p. 52; am. 1990, ch. 143, sec. 3, p. 322.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 6 - CONTROL OF VENEREAL DISEASES › Section 39-610 - DISCLOSURE OF HIV AND HBV REPORTING INFORMATION.

39-610. DISCLOSURE OF HIV AND HBV REPORTING INFORMATION. (1) Confidential public health record as described in section 39-606, Idaho Code, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, shall not be discoverable, and shall not be compelled to be produced in any civil or administrative hearing.
(2) State or local health authorities may contact and advise those persons who, in the judgment of health authorities, have been exposed to the HIV (human immunodeficiency virus) or hepatitis B (HBV) infections.
(3) The department of health and welfare shall, in a manner established by rules and regulations, accept from persons involved in providing emergency or medical services reports of significant exposures to the blood or body fluids of a patient or deceased person. The department of health and welfare shall promulgate rules and regulations defining the term "significant exposure" as used in this section. Upon receipt of a report made pursuant to section 39-602, Idaho Code, confirming the presence of HIV or HBV virus in a patient or a deceased person, the director of the department of health and welfare, or his designee, shall immediately contact and advise any and all persons who, on the basis of information then or thereafter reported to the department, have had a significant exposure to the blood or body fluids of that infected patient or deceased person. The significantly exposed person shall be informed only that he may have been exposed to HIV or HBV, as the case may be, and thereafter advised of whatever prophylactic and testing procedures are appropriate. The significantly exposed person shall not be informed of the name of the infected patient or deceased person. Additionally, the department of health and welfare shall, to the greatest extent consistent with public health requirements, maintain the confidentiality of the identity of the significantly exposed person.
(4) Public health authorities may disclose personally identifying information in public health records, as described in section 39-606, Idaho Code, to other local or state public health agencies when the confidential information is necessary to carry out the duties of the agency in the investigation, control and surveillance of disease, as determined by the state board of health and welfare, or as otherwise authorized by law.
(5) Nothing in this chapter imposes liability or criminal sanction for disclosure or nondisclosure of the results of a blood test to detect HIV or HBV virus in accordance with any reporting requirements of the department of health and welfare.
History:
[39-610, added 1988, ch. 45, sec. 6, p. 53; am. 1990, ch. 143, sec. 4, p. 323; am. 1990, ch. 213, sec. 39, p. 513; am. 2015, ch. 141, sec. 85, p. 440.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 7 - SUDDEN CARDIAC ARREST › Section 39-701 - DEFINITIONS.

39-701. DEFINITIONS. As used in this chapter:
(1) "Automated external defibrillator" or "AED" refers to an automated external defibrillator approved for commercial distribution by the United States food and drug administration.
(2) "Cardiopulmonary resuscitation" or "CPR" shall have the same meaning as provided in section 39-4502, Idaho Code.
(3) "Health care directive" shall have the same meaning as provided in section 39-4502, Idaho Code.
(4) "Health care provider" shall have the same meaning as provided in section 39-4502, Idaho Code.
(5) "Person" means an individual, corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government or governmental body.
(6) "Sudden cardiac arrest" means a life-threatening condition that results when a person’s heart suddenly and abruptly stops beating normally and fails to produce a pulse.
History:
[39-701, added 2023, ch. 123, sec. 2, p. 356.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 7 - SUDDEN CARDIAC ARREST › Section 39-702 - AUTHORITY TO ADMINISTER CPR OR USE AN AED.

39-702. AUTHORITY TO ADMINISTER CPR OR USE AN AED. Any person may, if the person reasonably believes that another person is in sudden cardiac arrest, administer CPR or use an AED on the other person.
History:
[39-702, added 2023, ch. 123, sec. 2, p. 356.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 7 - SUDDEN CARDIAC ARREST › Section 39-703 - IMMUNITY.

39-703. IMMUNITY. Any person who reasonably administers CPR or reasonably renders emergency care using an AED, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person’s acts or omissions. The immunity provided by this section shall not apply to acts or omissions amounting to gross negligence or willful, wanton, or reckless misconduct.
History:
[39-703, added 2023, ch. 123, sec. 2, p. 356.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-901 - INFLAMMATION OF EYES OF NEWBORN DEFINED.

39-901. INFLAMMATION OF EYES OF NEWBORN DEFINED. Any inflammation, swelling, or unusual redness in either one (1) or both eyes of any infant, either apart from, or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any, occurring at any time within two (2) weeks after the birth of such infant, shall be known as "inflammation of the eyes of the newborn" (Ophthalmia neonatorum).
History:
[(39-901) 1921, ch. 233, sec. 1, p. 522; I.C.A., sec. 38-701.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-902 - REPORT TO HEALTH OFFICER — WARNING OF DANGER — TREATMENT OF INDIGENT CASES.

39-902. REPORT TO HEALTH OFFICER — WARNING OF DANGER — TREATMENT OF INDIGENT CASES. It shall be the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative and persons attendant on or assisting in any way whatsoever any infant, or the mother of any infant at childbirth, or any time within two (2) weeks after childbirth, knowing the condition hereinabove defined to exist, immediately to report such fact in writing, to the local health officer of the county, city, town, magisterial district or whatever other political division there may be within which the infant or the mother of any infant may reside. Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physician’s instructions. On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of said infant, and shall for indigent cases provide the necessary treatment at the expense of said county, city, or town.
History:
[(39-902) 1921, ch. 233, sec. 2, p. 522; I.C.A., sec. 38-702.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-903 - GERMICIDE TO BE INSTILLED IN EYES OF NEWBORN BABY.

39-903. GERMICIDE TO BE INSTILLED IN EYES OF NEWBORN BABY. It shall be unlawful for any physician or midwife practicing midwifery to neglect, or otherwise fail to instill or have instilled immediately upon its birth, in the eyes of the newborn babe, some germicide of proved efficiency in preventing the development of ophthalmia neonatorum.
History:
[(39-903) 1921, ch. 233, sec. 3, p. 522; I.C.A., sec. 38-703.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-904 - STATEMENT IN REPORT OF BIRTH.

39-904. STATEMENT IN REPORT OF BIRTH. Every physician or midwife shall, in making a report of a birth, state whether or not the above germicide was instilled into the eyes of said infant.
History:
[(39-904) 1921, ch. 233, sec. 4, p. 522; I.C.A., sec. 38-704.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-905 - DUTIES OF LOCAL HEALTH OFFICER.

39-905. DUTIES OF LOCAL HEALTH OFFICER. It shall be the duty of the local health officer:
1. To investigate, or have investigated, each case as filed with him in pursuance of the law, and any other cases as may come to his attention.
2. To report all cases of inflammation of the eyes of the newborn, and the result of all such investigations as the state board of health and welfare shall direct.
3. To conform to such other rules and regulations as the state board of health and welfare shall promulgate for his further guidance.
History:
[(39-905) 1921, ch. 233, sec. 5, p. 522; I.C.A., sec. 38-705; am. 1974, ch. 23, sec. 104, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-906 - DUTIES OF DIRECTOR.

39-906. DUTIES OF DIRECTOR. It shall be the duty of the director of the department of health and welfare:
(1) To enforce the provisions of this chapter.
(2) To administer such rules and regulations as shall, under this chapter, be necessary for the purpose of this chapter and such as the state board of health and welfare may deem necessary for the further and proper guidance of local health officers.
(3) To publish and promulgate such further advice and information concerning the dangers of inflammation of the eyes of the newborn as is necessary for prompt and effective treatment.
(4) To furnish copies of this law to all physicians and midwives who may be engaged in the practice of obstetrics or assisting at childbirth.
(5) To keep a proper record of any and all cases of inflammation of the eyes of the newborn, which shall be filed in the office of the state board of health and welfare in pursuance of this law, and which may come to his attention in any way, and to constitute such records a part of the annual report to the governor.
(6) To furnish birth certificates, which shall include the question: "Did you comply with section six of this act? If so, state what solution was used."
History:
[(39-906) added 1921, ch. 233, sec. 6, p. 522; am. 1974, ch. 23, sec. 105, p. 633; am. 2020, ch. 285, sec. 1, p. 828.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-907 - BIRTH REPORTS NOT SHOWING COMPLIANCE — CERTIFICATION TO PROSECUTING ATTORNEY.

39-907. BIRTH REPORTS NOT SHOWING COMPLIANCE — CERTIFICATION TO PROSECUTING ATTORNEY. It shall be the duty of the clerk of the county court of each county on or before the fifteenth day of each month to certify to the prosecuting attorney of his county all reports of births filed during the preceding calendar month which fail to show that the solution hereinbefore provided for was instilled.
History:
[(39-907) 1921, ch. 233, sec. 7, p. 522; I.C.A., sec. 38-707.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-909 - TESTS FOR PHENYLKETONURIA AND PREVENTABLE DISEASES IN NEWBORN INFANTS.

39-909. TESTS FOR PHENYLKETONURIA AND PREVENTABLE DISEASES IN NEWBORN INFANTS. It shall be the duty of the administrative officer or other person in charge of each hospital or other institution caring for newborn infants and the person responsible for the registration of the birth of such infants under section 39-255, Idaho Code, to cause to have administered to every newborn infant in its or his care a test for phenylketonuria and such other tests for preventable diseases as prescribed by the state board of health and welfare. The person administering such tests shall make such reports of the results thereof as required by the state board of health and welfare.
History:
[39-909, added 1965, ch. 223, sec. 1, p. 510; am. 1974, ch. 23, sec. 106, p. 633; am. 2018, ch. 169, sec. 9, p. 359.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-910 - DUTIES OF DIRECTOR IN ENFORCING ACT.

39-910. DUTIES OF DIRECTOR IN ENFORCING ACT. It shall be the duty of the director of the department of health and welfare:
1. To enforce the provisions of this act.
2. To prescribe what tests shall be made for preventable diseases in addition to the test for phenylketonuria.
3. To publish rules of the board prescribing the time and manner of administering tests required by this act.
4. To furnish copies of this act and the rules promulgated hereunder to physicians, hospitals or other institutions or persons required by this act to have tests administered to newborn infants.
5. To maintain a record of all infants found to have phenylketonuria or other preventable diseases and to supervise local health agencies in the treatment and cure of such infants.
6. To disseminate information and advice to the public concerning the dangers and effects of phenylketonuria and other preventable diseases and their detection and treatment.
History:
[39-910, added 1965, ch. 223, sec. 2, p. 510; am. 1974, ch. 23, sec. 107, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 9 - PREVENTION OF BLINDNESS AND OTHER PREVENTABLE DISEASES IN INFANTS › Section 39-912 - EXEMPTION BECAUSE OF RELIGIOUS BELIEF.

39-912. EXEMPTION BECAUSE OF RELIGIOUS BELIEF. The provisions of this act shall not apply to any child whose parent or guardian objects thereto on the grounds that it conflicts with the tenets or practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member.
History:
[39-912, added 1965, ch. 223, sec. 4, p. 510.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1001 - SEROLOGICAL TEST OF PREGNANT OR RECENTLY-DELIVERED WOMEN.

39-1001. SEROLOGICAL TEST OF PREGNANT OR RECENTLY-DELIVERED WOMEN. Every licensed physician attending a pregnant woman for a condition relating to her pregnancy, or at delivery, or after delivery for a condition relating to her pregnancy, shall in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of first examination or within fifteen (15) days thereafter, and shall submit such sample to the laboratory of the department of health and welfare or to a laboratory approved by the director of the department, for a standard serological test for syphilis. In submitting such sample to the laboratory, the physician shall specify whether it is for a prenatal test or a test following recent delivery. The laboratory of the department of health and welfare shall analyze such sample upon the request of any licensed physician and may collect a fee for the performance of such analyses.
History:
[39-1001, added 1943, ch. 26, sec. 1, p. 53; am. 1970, ch. 26, sec. 1, p. 52; am. 1974, ch. 23, sec. 109, p. 633.]