reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-256 - REGISTRATION OF FOUNDLINGS.

39-256. REGISTRATION OF FOUNDLINGS. A foundling certificate shall be filed for each child of unknown parentage within fifteen (15) days of the time the child was found and in the form prescribed by the board. The certificate shall be prepared by the person assuming custody of the child and shall be filed with the local registrar of the district in which the child was found. Such certificate shall be acceptable for all purposes in lieu of a certificate of birth.
History:
[(39-256) 1949, ch. 72, sec. 17, p. 117; am. and redesignated 1983, ch. 7, sec. 16, p. 31.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-260A - REGISTRATION OF STILLBIRTHS TO A GESTATIONAL CARRIER.

39-260A. REGISTRATION OF STILLBIRTHS TO A GESTATIONAL CARRIER. If a stillbirth occurs and the stillborn child was delivered under the terms of a gestational agreement entered and validated pursuant to chapter 16, title 7, Idaho Code, then a certificate of stillbirth shall be filed with the bureau of vital records and health statistics according to the provisions of section 39-260(4) and (5), Idaho Code. The certificate shall show the name of the gestational carrier and shall note her status as a gestational carrier. No certificate shall be deemed completed until every item of information required has been provided or its omission satisfactorily accounted for.
History:
[39-260A, added 2023, ch. 228, sec. 5, p. 707.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-261 - INDUCED ABORTION REPORTING FORMS — COMPILATIONS.

39-261. INDUCED ABORTION REPORTING FORMS — COMPILATIONS. (a) The vital statistics unit shall establish an induced abortion reporting form, which shall be used for the reporting of every induced abortion performed in this state. However, no information shall be collected which would identify the woman who had the abortion. Such form shall be prescribed by the department and shall include as a minimum the items required by the standard reporting form as recommended by the national center for health statistics, of the United States department of health and human services.
The completed form shall be filed by the attending physician and sent to the vital statistics unit within fifteen (15) days after the end of each reporting month. The submitted form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for. Carbon copies shall not be acceptable.
(b) The department of health and welfare shall prepare and keep on permanent file compilations of the information submitted on the induced abortion reporting forms pursuant to such rules and regulations as established by the department of health and welfare, which compilations shall be a matter of public record.
History:
[(39-261) 1977, ch. 163, sec. 1, p. 424; am. and redesignated 1983, ch. 7, sec. 22, p. 37.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-262 - REGISTRATION OF MARRIAGE — MARRIAGE CERTIFICATES FILED.

39-262. REGISTRATION OF MARRIAGE — MARRIAGE CERTIFICATES FILED. Every person who performs a marriage ceremony shall prepare and sign a certificate of marriage in duplicate, one (1) of which shall be given to the parties and the other filed by said person within ten (10) days after the ceremony with the county recorder. Every county recorder shall forward to the state registrar on or before the 15th day of each calendar month the certificates of marriage which were filed with said recorder during the preceding calendar month. The form of certificate of marriage shall be prescribed by the board, in accordance with the provisions of sections 32-401 and 32-402, Idaho Code. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.
History:
[(39-262) 1949, ch. 72, sec. 27, p. 117; am. and redesignated 1983, ch. 7, sec. 24, p. 37.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-263 - MARRIAGE LICENSE FEES.

39-263. MARRIAGE LICENSE FEES. Every county recorder shall be paid a fee, to be established by regulations adopted by the board, for each marriage certificate recorded with said recorder and forwarded to the state registrar. The recording fee shall be as provided by section 31-3205, Idaho Code.
History:
[(39-263) 1949, ch. 72, sec. 28, p. 117; am. and redesignated 1983, ch. 7, sec. 25, p. 38; am. 1984, ch. 29, sec. 3, p. 51; am. 1989, ch. 12, sec. 1, p. 13.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-265 - REGISTRATION OF DIVORCES — ANNULMENTS OF MARRIAGE.

39-265. REGISTRATION OF DIVORCES — ANNULMENTS OF MARRIAGE. (a) A certificate of each divorce or annulment granted by any court in this state shall be filed by the clerk of the court with the vital statistics unit and shall be registered if it has been completed and filed in accordance with this chapter. The certificate shall be prepared by the petitioner or the petitioner’s legal representative on a form furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases the completed certificate shall be prerequisite to the granting of the final decree. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.
(b) Immediately after the decree becomes final, the certificate shall be forwarded by the clerk to the state registrar on the 15th day of the calendar month next succeeding.
History:
[(39-265) 1949, ch. 72, sec. 29, p. 117; am. and redesignated 1983, ch. 7, sec. 27, p. 38.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-266 - FEE FOR COURT CLERK.

39-266. FEE FOR COURT CLERK. The clerk of the court shall be paid a fee for each certificate forwarded by the clerk to the state registrar in accordance with the provisions of this chapter and regulations of the board. Said fee to be collected as a part of the court costs and be assessed by the court according to law. Said fee to be established by regulations adopted by the board.
History:
[(39-266) 1949, ch. 72, sec. 11, p. 117; am. and redesignated 1983, ch. 7, sec. 28, p. 39.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-267 - DELAYED REGISTRATION.

39-267. DELAYED REGISTRATION. Any certificate required to be filed under this chapter accepted for filing after the time prescribed by the board shall be filed in accordance with the minimum standards prescribed by the national agency in charge of vital statistics.
(1) If a delayed certificate of birth is rejected under the provisions prescribed, a petition signed and sworn to by the petitioner may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of birth and the parentage of the person whose birth is to be registered. An order entered following the procedure established in section 39-278, Idaho Code, shall be acceptable evidence for establishing a delayed certificate of birth in the vital statistics unit.
(2) If a delayed certificate of death is rejected under the provisions prescribed, a petition signed and sworn to by the petitioner may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of death. An order entered following the procedure established in section 39-278, Idaho Code, shall be acceptable evidence for establishing a delayed certificate of death.
History:
[(39-267) 1949, ch. 72, sec. 21, p. 117; am. and redesignated 1983, ch. 7, sec. 29, p. 39; am. 2010, ch. 78, sec. 2, p. 130.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-269 - DISINTERMENT — RULES.

39-269. DISINTERMENT — RULES. (1) No body or stillborn fetus shall be disinterred within the state of Idaho except upon a permit granted by the state registrar of vital statistics. The forms of disinterment permits shall be prepared by the state registrar.
(2) Disinterment and removal must be done under the personal supervision of a licensed mortician, and only upon verified application of the person or persons having the highest authority under the provisions of section 54-1142, Idaho Code. Only such persons as are actually necessary shall be present. The person having the highest authority under the provisions of section 54-1142, Idaho Code, may choose to be present or may choose the designee to attend in the person’s place. The coffin shall not be opened either at place of disinterment or place of destination, except by special permit issued by the state registrar.
(3) In the case of disinterment of bodies dead by reason of contagious and infectious diseases, as shown by the certificate of death given by the certifying physician or coroner, the sexton and all other persons engaged in such removal or being present shall immediately thereafter change and disinfect their clothing and properly disinfect their hands, head and face, provided, that such disinterment may also be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every permit. In case of any contagious and infectious disease where remains are to be shipped to points in other states, permission must first be obtained from the state health officer of such state.
(4) The state registrar may also issue a special disinterment permit for legal purposes. This permit for legal purposes shall be granted only upon application of a prosecuting attorney, the attorney general of this state, or the coroner of the county in which the body is interred, stating therein such facts which make it evident to the state registrar that the ends of justice require that disinterment be permitted. Such special disinterment for legal purposes shall be governed by rules promulgated by the state board of health and welfare and a synopsis of the same shall be printed on the back of every such special disinterment permit for legal purposes.
(5) Bodies in a receiving vault when prepared by a licensed mortician shall not be regarded as disinterred bodies until after the expiration of thirty (30) days.
History:
[(39-269) C.S., sec. 1633a, as added by 1923, ch. 89, sec. 1, p. 101; I.C.A., sec. 38-210; am. 1974, ch. 23, sec. 59, p. 633; am. and redesignated 1983, ch. 7, sec. 31, p. 41; am. 1994, ch. 105, sec. 5, p. 236; am. 2006, ch. 109, sec. 1, p. 302; am. 2023, ch. 203, sec. 1, p. 567.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-270 - DISCLOSURE OF INFORMATION.

39-270. DISCLOSURE OF INFORMATION. (a) Certificates and records in the custody of the state registrar shall be open to inspection subject to the provisions of this chapter and the rules of the board, the provisions of section 74-102, Idaho Code, to the contrary notwithstanding; and it shall be unlawful for any state or local official or employee under this chapter to disclose any data contained in the records, except as authorized by this chapter and the rules of the board.
(b) A complete copy, or any part of a certificate, may be issued to any applicant who can show direct and tangible interest in the record for which he applies. A complete copy, or any part of a certificate, shall be issued upon request or at the direction of the state registrar to a state, federal or local public agency for child protection and child support enforcement purposes or for the purpose of investigation of fraud. Subject to such provisions as the board may prescribe, data contained on records may be used by federal, state or municipal agencies for the purpose of verification of data.
(c) As provided in chapter 1, title 74, Idaho Code, data contained on records may be used for research, public health or statistical purposes. No lists of registration shall be compiled for public use, except as provided in section 34-433(2), Idaho Code.
(d) The manner of keeping local records and the use thereof shall be prescribed by the board, in keeping with the provisions of this section.
(e) When one hundred (100) years have elapsed after the date of birth, or fifty (50) years have elapsed after the date of death, stillbirth, marriage or divorce, the records of these events in the custody of the state registrar shall become public records and information shall be made available in accordance with chapter 1, title 74, Idaho Code.
History:
[(39-270) 39-264, added 1949, ch. 72, sec. 24, p. 117; am. 1978, ch. 73, sec. 1, p. 147; am. and redesignated 1983, ch. 7, sec. 32, p. 41; am. 1985, ch. 250, sec. 1, p. 584; am. 1990, ch. 213, sec. 37, p. 512; am. 1993, ch. 315, sec. 3, p. 1170; am. 2004, ch. 23, sec. 8, p. 29; am. 2005, ch. 391, sec. 55, p. 1312; am. 2015, ch. 141, sec. 83, p. 440; am. 2017, ch. 36, sec. 1, p. 56; am. 2021, ch. 33, sec. 2, p. 75; am. 2022, ch. 314, sec. 2, p. 1006.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-271 - RECORDS OF INSTITUTIONS.

39-271. RECORDS OF INSTITUTIONS. Every person in charge of an institution, public or private, to which persons resort for treatment of diseases, confinements, or are committed by law, shall record all the personal and statistical particulars relative to those persons admitted or confined to their institutions that are required on the forms or the certificates prescribed by the board. The record shall be made by them at the time of admission of the patients and at such other times as may be required. The personal and statistical particulars and information shall be obtained from the individuals themselves, if it is practicable to do so, and when they can not be so obtained, they shall be secured in as complete a manner as possible from relatives, friends or other persons acquainted with the facts.
History:
[(39-271) 1949, ch. 72, sec. 25, p. 117; am. and redesignated 1983, ch. 7, sec. 33, p. 42.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-272 - DUTIES TO PROVIDE INFORMATION.

39-272. DUTIES TO PROVIDE INFORMATION. For the purposes of compilation of the vital record, any person having knowledge of the facts shall furnish to the state registrar such information as they may possess regarding any birth, death, stillbirth, marriage or divorce.
History:
[39-272, added 1983, ch. 7, sec. 34, p. 42.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-274 - EVIDENTIARY CHARACTER OF RECORDS AND COPIES OF RECORDS.

39-274. EVIDENTIARY CHARACTER OF RECORDS AND COPIES OF RECORDS. Any certificate filed in accordance with the provisions of this chapter and the regulations prescribed by the board, or any copy of such records or part thereof, duly certified by the state registrar, shall be prima facie evidence of the facts recited therein.
History:
[(39-274) 1949, ch. 72, sec. 23, p. 117; am. and redesignated 1983, ch. 7, sec. 36, p. 44.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-275 - APPLICABILITY.

39-275. APPLICABILITY. The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, stillbirth, and reports of induced abortion previously received by the vital statistics unit and in the custody of the state registrar.
History:
[39-275, added 1983, ch. 7, sec. 37, p. 44.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-276 - UNIFORMITY OF INTERPRETATION.

39-276. UNIFORMITY OF INTERPRETATION. This chapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
History:
[(39-276) 1949, ch. 72, sec. 31, p. 117; am. and redesignated 1983, ch. 7, sec. 38, p. 44.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-277 - AUTOPSIES FOR SUSPECTED CREUTZFELDT-JAKOB DISEASE.

39-277. AUTOPSIES FOR SUSPECTED CREUTZFELDT-JAKOB DISEASE. When an attending physician or hospital has reported to the department of health and welfare that Creutzfeldt-Jakob disease (CJD) or variant CJD is suspected in relation to a person’s death, the state epidemiologist, as designated pursuant to department rule, shall cause to be performed an autopsy of the body, provided a definitive diagnosis has not been made prior to death and provided further that the person or persons having the highest authority under the provisions of section 54-1142, Idaho Code, do not refuse the performance of such autopsy. The state epidemiologist, in ordering an autopsy pursuant to this section, shall require the person or entity performing the autopsy to report the findings of such autopsy to the department of health and welfare.
History:
[39-277, added 2006, ch. 241, sec. 1, p. 735.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 2 - VITAL STATISTICS › Section 39-279 - SEVERABILITY.

39-279. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[39-279, added 2020, ch. 334, sec. 3, p. 973.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-301 - DECLARATION OF POLICY.

39-301. DECLARATION OF POLICY. It is the policy of this state that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs but rather should be afforded treatment in order that they may lead normal lives as productive members of society.
The legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken by state government to effectively and economically utilize federal and state funds for alcoholism and drug addiction research, and the prevention and for the treatment and rehabilitation of alcoholics or drug addicts. To achieve this, it is necessary that existing fragmented, uncoordinated and duplicative alcoholism and drug treatment programs be merged into a comprehensive and integrated system for the prevention, treatment and rehabilitation of alcoholics.
The legislature continues to recognize the need for criminal sanctions for those who violate the provisions of the uniform controlled substances act.
History:
[I.C., sec. 39-301, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1976, ch. 98, sec. 1, p. 416; am. 1987, ch. 289, sec. 1, p. 610.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-304 - COMPREHENSIVE PROGRAM FOR TREATMENT.

39-304. COMPREHENSIVE PROGRAM FOR TREATMENT. The Idaho department of health and welfare is hereby designated as the state substance abuse authority.
(1) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons and drug addicts.
(2) The program shall include:
(a) Emergency detoxification treatment and medical treatment directly related thereto provided by a facility affiliated with or part of the medical service of a general hospital;
(b) Inpatient treatment;
(c) Intensive outpatient treatment;
(d) Outpatient treatment;
(e) Community detoxification provided by an approved facility; and
(f) Recovery support services.
(3) The department shall provide for adequate and appropriate treatment for persons admitted pursuant to section 39-307, Idaho Code. Treatment shall not be provided at a correctional institution except for inmates.
(4) The department shall maintain, supervise, and control all facilities operated by it. The administrator of each such facility shall make an annual report of its activities to the director in the form and manner the director specifies.
(5) All appropriate public and private resources shall be coordinated with and utilized in the program whenever possible.
(6) The department shall prepare, publish and distribute annually a list of all approved public and private treatment facilities.
(7) The department may contract for the use of any facility as an approved public treatment facility if the director considers this to be an effective and economical course to follow.
(8) The program shall include an individualized treatment plan prepared and maintained for each client.
History:
[39-304, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 4, p. 612; am. 1989, ch. 282, sec. 3, p. 693; am. 2006, ch. 407, sec. 5, p. 1236; am. 2007, ch. 69, sec. 3, p. 186; am. 2008, ch. 94, sec. 2, p. 260; am. 2012, ch. 107, sec. 5, p. 290.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-305 - STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACILITIES — ENFORCEMENT PROCEDURES — PENALTIES.

39-305. STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACILITIES — ENFORCEMENT PROCEDURES — PENALTIES. (1) The board of health and welfare shall establish standards for approved treatment facilities, which shall be met in order for a treatment facility to be approved as a public or private treatment facility. The standards shall prescribe the health standards to be met and standards of treatment to be afforded patients.
(2) The department shall periodically inspect approved public and private treatment facilities.
(3) The department shall maintain a list of approved public and private treatment facilities.
(4) Each approved public and private treatment facility shall file with the department any data, statistics, records, and information the department reasonably requires. An approved public or private treatment facility that, without good cause, fails to furnish any data, statistics, records, or information as requested, or that files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.
(5) The board of health and welfare, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.
(6) A district court may restrain any violation of this act, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.
History:
[I.C., sec. 39-305, as added by S.L. 1975, ch. 149, sec. 1, p. 376.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-306 - ACCEPTANCE FOR TREATMENT — RULES.

39-306. ACCEPTANCE FOR TREATMENT — RULES. The board of health and welfare shall adopt rules for the acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, intoxicated persons and drug addicts. In establishing the rules the board shall be guided by the following standards:
(1) If possible a patient shall be treated on a voluntary rather than an involuntary basis.
(2) A patient shall be initially assigned or transferred to outpatient or intensive outpatient treatment, unless he is found to require inpatient treatment.
(3) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment.
(4) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.
(5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.
History:
[39-306, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 5, p. 612; am. 2008, ch. 94, sec. 3, p. 261.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-307 - VOLUNTARY TREATMENT OF ALCOHOLICS AND DRUG ADDICTS.

39-307. VOLUNTARY TREATMENT OF ALCOHOLICS AND DRUG ADDICTS. (1) An alcoholic or a drug addict may apply for voluntary treatment directly to any approved public treatment facility. If the proposed patient is a minor or an incompetent person, he, a parent, legal guardian, or other legal representative shall make the application.
(2) Subject to rules adopted by the board of health and welfare, the director or his designee may determine who shall be admitted to an approved public treatment facility.
(3) If a patient receiving inpatient care leaves an approved public treatment facility, he shall be encouraged to consent to appropriate outpatient or intensive outpatient treatment, and the department shall assist in obtaining supportive services and residential facilities.
(4) If a patient leaves an approved public treatment facility, upon the recommendation of departmental staff, the department shall make reasonable provisions for his transportation to another facility or to his home. If he has no home, he shall be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he was the original applicant.
History:
[39-307, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 6, p. 613; am. 2008, ch. 94, sec. 4, p. 261.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-309 - PAYMENT FOR TREATMENT — FINANCIAL ABILITY OF PATIENTS.

39-309. PAYMENT FOR TREATMENT — FINANCIAL ABILITY OF PATIENTS. (1) If treatment is provided by an approved public treatment facility and the patient has not paid the charge therefor, the department is entitled to any income or payment received by the patient or to which he may be entitled for the services rendered, and to any payment from any public or private source available to the department because of the treatment provided to the patient.
(2) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the department for the cost of transportation, maintenance and treatment of the patient therein in accordance with rates established by the department.
(3) The board of health and welfare shall adopt rules and regulations governing financial ability that take into consideration the income, savings and other personal and real property of the person required to pay, as well as any support being furnished by him to any person whom he may be required by law to support.
History:
[I.C., sec. 39-309, as added by S.L. 1975, ch. 149, sec. 1, p. 376; am. 1976, ch. 98, sec. 4, p. 419.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-310 - CRIMINAL LAW LIMITATIONS.

39-310. CRIMINAL LAW LIMITATIONS. (1) With the exception of persons below the statutory age for consuming alcoholic beverages and of persons affected by the provisions of subsection (3) herein, no person shall be incarcerated or prosecuted criminally or civilly for the violation of any law, ordinance, resolution or rule that includes drinking, being a common drunkard, or being found in an intoxicated or addicted condition as one of the elements of the offense giving rise to criminal or civil penalty or sanction.
(2) No county, municipality, or other political subdivision may interpret or apply any law of general application to circumvent the provision of subsection (1) of this section.
(3) Nothing in this chapter shall affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages or drugs at stated times and places or by a particular class of persons, or regarding the carrying of a concealed weapon when intoxicated or under the influence of an intoxicating drink or drug, or regarding pedestrians who are under the influence of alcohol or drugs to a degree which renders them a hazard and who walk or are otherwise upon a highway except on a sidewalk, or regarding persons who are using or are under the influence of controlled substances or narcotic drugs and who are on public property, roadways or conveyances or on private property open to the public.
(4) This chapter shall not limit or alter the terms or effect of section 18-116, Idaho Code.
(5) Nothing in this chapter shall affect the enforcement of any other provisions of the uniform controlled substances act.
History:
[39-310, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 9, p. 615; am. 2002, ch. 189, sec. 1, p. 544.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 3 - ALCOHOLISM AND INTOXICATION TREATMENT ACT › Section 39-311 - RULES AND REGULATIONS.

39-311. RULES AND REGULATIONS. The board of health and welfare shall promulgate such rules and regulations as are deemed necessary to carry out the provisions of this act, subject to the provisions of chapter 52, title 67, Idaho Code.
History:
[I.C., sec. 39-311, as added by S.L. 1975, ch. 149, sec. 1, p. 376.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-401 - LEGISLATIVE INTENT.

39-401. LEGISLATIVE INTENT. (1) The various health districts, as provided for in this chapter, are not:
(a) A single department of state government unto themselves;
(b) A part of any of the twenty (20) departments of state government authorized by section 20, article IV, Idaho constitution;
(c) A part of the departments prescribed in section 67-2402, Idaho Code; or
(d) A department or an agency of county government.
(2) It is legislative intent that health districts operate and be recognized not as state or county agencies or departments but as governmental entities whose creation has been authorized by the state, much in the manner as other single-purpose districts. Pursuant to this intent, and because health districts are not state or county departments or agencies, health districts are exempt from the required participation in the services of the purchasing agent or employee liability coverage, as rendered by the department of administration. However, nothing shall prohibit the health districts from entering into contractual arrangements with the department of administration, or any other department of state government or an elected constitutional officer, for these or any other services.
(3) It is legislative intent to affirm the provisions of section 39-413, Idaho Code, and to affirm the participation of the health districts in the public employee retirement system, pursuant to section 39-426, Idaho Code, chapter 13, title 59, Idaho Code, and section 67-5333, Idaho Code.
(4) It is also legislative intent that the matters of location of deposit of health district funds, or the instruments or documents of payment from those funds, shall be construed as no more than items of convenience for the conduct of business and in no way reflect upon the nature or status of the health districts as entities of government.
(5) This section merely affirms that health districts created under this chapter are not state or county agencies and in no way changes the character of those agencies as they existed prior to this act.
(6) Public health districts will have the option to continue with agreements and service arrangements, including insurance arrangements, with state agencies that were effective prior to January 1, 2022, unless an agreement or service arrangement is expressly nullified by statute.
(7) Notwithstanding any other provision of law, a public health district may elect to participate in the comprehensive liability plan authorized by section 6-919, Idaho Code. A public health district making such election shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such. However, participation shall be subject to compliance with loss control policies adopted by the department of administration.
History:
[39-401, added 1976, ch. 179, sec. 1, p. 645; am. 1986, ch. 63, sec. 1, p. 180; am. 2021, ch. 336, sec. 2, p. 1021; am. 2022, ch. 222, sec. 1, p. 735.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-408 - ESTABLISHMENT OF DISTRICTS.

39-408. ESTABLISHMENT OF DISTRICTS. There is hereby established within the state of Idaho seven (7) public health districts more particularly defined as follows:
District No. 1 shall include the counties of Boundary, Bonner, Kootenai, Benewah and Shoshone;
District No. 2 shall include the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho;
District No. 3 shall include the counties of Adams, Washington, Payette, Gem, Canyon and Owyhee;
District No. 4 shall include the counties of Valley, Boise, Ada and Elmore;
District No. 5 shall include the counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia;
District No. 6 shall include the counties of Power, Oneida, Bannock, Franklin, Caribou, Bear Lake, Bingham and Butte;
District No. 7 shall include the counties of Lemhi, Custer, Clark, Jefferson, Bonneville, Teton, Madison and Fremont.
History:
[39-408, added 1970, ch. 90, sec. 1, p. 218.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-409 - DISTRICT HEALTH DEPARTMENTS — ESTABLISHMENT — SERVICES.

39-409. DISTRICT HEALTH DEPARTMENTS — ESTABLISHMENT — SERVICES. There is hereby created and established in each of the above described public health districts a district health department, hereinafter referred to as the district health department. The district health department shall have as its head the district board of health.
The district health department will provide the basic health services of public health education, physical health, environmental health, and public health administration, but this listing shall not be construed to restrict the service programs of the district health department solely to these categories. Each district shall have a doctor of medicine licensed in Idaho as a staff member or as a regular consultant.
History:
[39-409, added 1970, ch. 90, sec. 2, p. 218; am. 1973, ch. 29, sec. 1, p. 56; am. 1986, ch. 63, sec. 2, p. 181.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-410 - DISTRICT BOARD OF HEALTH — ESTABLISHMENT.

39-410. DISTRICT BOARD OF HEALTH — ESTABLISHMENT. There is hereby created and established in each of the public health districts a district board of health, hereinafter referred to as the district board, which shall be vested with the authority, control, and supervision of the district health department, and with such powers as required to perform the duties as are set forth in this act and shall be responsible for supervision of all district health programs.
History:
[39-410, added 1970, ch. 90, sec. 3, p. 218; am. 1973, ch. 29, sec. 2, p. 56.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-412 - MEETINGS OF THE DISTRICT BOARD — COMPENSATION OF MEMBERS.

39-412. MEETINGS OF THE DISTRICT BOARD — COMPENSATION OF MEMBERS. The district board shall hold such meetings as may be necessary for the orderly conduct of its business and such meetings may be called upon seventy-two (72) hours’ notice by the chairman or a majority of the members. Four (4) members shall be necessary to constitute a quorum and the action of the majority of members present shall be the action of the board. The members of the board shall be compensated as provided by section 59-509(i), Idaho Code.
History:
[39-412, added 1970, ch. 90, sec. 5, p. 218; am. 1973, ch. 29, sec. 4, p. 56; am. 1980, ch. 247, sec. 33, p. 606; am. 1984, ch. 40, sec. 1, p. 66; am. 1989, ch. 68, sec. 1, p. 110; am. 2007, ch. 91, sec. 1, p. 270.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-413 - DISTRICT HEALTH DIRECTOR — APPOINTMENT — POWERS AND DUTIES.

39-413. DISTRICT HEALTH DIRECTOR — APPOINTMENT — POWERS AND DUTIES. A district health director shall be appointed by the district board and shall receive compensation as determined by the district board. The director shall have and exercise the following powers and duties in addition to all other powers and duties inherent in the position or delegated to him or imposed upon him by law or rule, regulation, or ordinance:
(1) To be secretary and administrative officer of the district board of health;
(2) To prescribe such rules and regulations, consistent with the requirements of this chapter, as may be necessary for the government of the district, for the conduct and duties of the district employees, for the orderly and efficient handling of business, and for the custody, use, and preservation of the records, papers, books, and property belonging to the public health district;
(3) To administer oaths for all purposes required in the discharge of his duties;
(4) With the approval of the district board, to:
(a) Prescribe the positions and the qualifications of all personnel under the district health director on a nonpartisan merit basis in accordance with the objective standards approved by the district board. This shall be the exclusive responsibility of the district health director, with the approval of the board, and no state official, elected or otherwise, or agency shall have any power to disapprove or interfere with the performance by the director and the board of this duty or to delay such performance in any way.
(b) Establish a personnel system to support rates of pay for appointments, promotions, demotions, and separations and to perform such other personnel actions as are needed. This shall be the exclusive responsibility of the district health director, with the approval of the board, and no state official, elected or otherwise, or agency shall have any power to disapprove or interfere with the performance by the director and the board of this duty or to delay such performance in any way.
(c) Create such units and sections as are or may be necessary for the proper and efficient functioning of the duties herein imposed.
History:
[39-413, added 1970, ch. 90, sec. 6, p. 218; am. 1972, ch. 159, sec. 2, p. 352; am. 1973, ch. 29, sec. 5, p. 56; am. 1974, ch. 23, sec. 70, p. 633; am. 1976, ch. 179, sec. 2, p. 646; am. 1982, ch. 133, sec. 1, p. 380; am. 1986, ch. 63, sec. 4, p. 182; am. 2021, ch. 336, sec. 4, p. 1022; am. 2022, ch. 37, sec. 1, p. 98.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-414A - AUDIT OF HEALTH DISTRICT FINANCES.

39-414A. AUDIT OF HEALTH DISTRICT FINANCES. It shall be the duty of each district board of health to cause to be made a full and complete audit of all the financial transactions of the health district no less frequently than every two (2) years. Such audit shall be in accordance with generally accepted auditing standards and procedures. The district board of health shall include all necessary expenses for such audit in its budget.
History:
[39-414A, added 1977, ch. 71, sec. 6, p. 140; am. 1982, ch. 134, sec. 1, p. 383; am. 1993, ch. 327, sec. 20, p. 1211; am. 2021, ch. 89, sec. 14, p. 308; am. 2021, ch. 336, sec. 6, p. 1024; am. 2023, ch. 218, sec. 11, p. 615.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-415 - QUARANTINE.

39-415. QUARANTINE. The district board shall have the same authority, responsibility, powers, and duties in relation to the right of quarantine within the public health district as does the state.
History:
[39-415, added 1970, ch. 90, sec. 7, p. 218; am. 1973, ch. 29, sec. 7, p. 56.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-416 - RULES ADOPTED BY DISTRICT BOARD — PROCEDURE.

39-416. RULES ADOPTED BY DISTRICT BOARD — PROCEDURE. (1) The district board by the affirmative vote of a majority of its members may adopt, amend or rescind rules and standards as it deems necessary to carry out the purposes and provisions of this act.
(2) Every rule or standard adopted, amended, or rescinded by the district board shall be done in a manner conforming to the provisions of chapter 52, title 67, Idaho Code.
(3) At the same time that proposed rules are transmitted to the director of legislative services, they shall be submitted for review and comment to the board of county commissioners of each county within the public health district’s jurisdiction. If the rules relate to environmental protection or programs administered by the department of environmental quality, the rules shall also be submitted for review and comment to the state board of environmental quality. All other rules that do not relate to environmental protection or programs administered by the department of environmental quality shall be submitted for review and comment to the state board of health and welfare. The state board of health and welfare, or the state board of environmental quality, shall, within seventy-five (75) days of receipt of a district board’s proposed rules, disapprove of the adoption of the rules if, on the advice of the attorney general, such rules would be in conflict with state laws or rules. The state board of health and welfare, or the state board of environmental quality, shall immediately advise the district board as to the reason for the disapproval.
(4) This section does not apply to measures adopted for the internal operation of the district board or for federal programs where the regulations are established by the federal government but shall apply to all measures affecting the public at large or any identifiable segment thereof.
(5) Public health districts shall have all proposed rules regarding environmental protection or programs administered by the department of environmental quality submitted for review and comment to the state board of environmental quality and such rules must be approved by adoption of a concurrent resolution by both houses of the legislature or such rules shall expire at the conclusion of a regular session of the legislature. It is the intent of the legislature that standards and rules relating to subsurface sewage systems, wastewater treatment, sewage systems and water quality be consistent statewide.
History:
[39-416, added 1970, ch. 90, sec. 11, p. 218; am. 1973, ch. 29, sec. 8, p. 56; am. 1974, ch. 23, sec. 72, p. 633; am. 1976, ch. 179, sec. 4, p. 648; am. 1986, ch. 17, sec. 1, p. 58; am. 1993, ch. 296, sec. 1, p. 1094; am. 1999, ch. 61, sec. 3, p. 160; am. 2010, ch. 24, sec. 1, p. 43; am. 2010, ch. 310, sec. 1, p. 830.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-417 - HEARINGS BY DISTRICT BOARD — OATHS — WITNESSES — SUBPOENAS.

39-417. HEARINGS BY DISTRICT BOARD — OATHS — WITNESSES — SUBPOENAS. (1) Any person, association, public or private agency, corporation, or the district director alleging a violation of this act, the rules promulgated thereunder, or any matter within the jurisdiction of the district board, or any alleged violator thereof, may, pursuant to the provisions of chapter 52, title 67, Idaho Code, and the rules promulgated thereunder by the state board of health and welfare or the board of environmental quality, seek a hearing before the district board and/or such other relief or remedy as is provided or available.
(2) The hearings herein provided may be conducted by the district board or by its designated agent and in either case the district board or its agent shall have the same powers and authority set out in subsection (3) of section 39-107, Idaho Code. The provisions of this section shall not apply to the internal administrative affairs of the district board or department nor to its subordinate sections and units.
History:
[39-417, added 1970, ch. 90, sec. 9, p. 218; am. 1973, ch. 29, sec. 9, p. 56; am. 1974, ch. 23, sec. 73, p. 633; am. 2000, ch. 132, sec. 34, p. 343.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-418 - JUDICIAL REVIEW OF DISTRICT BOARD’S DETERMINATION — EXCLUSIVE PROCEDURE.

39-418. JUDICIAL REVIEW OF DISTRICT BOARD’S DETERMINATION — EXCLUSIVE PROCEDURE. (1) Judicial review of a final determination of the district board may be secured by any person adversely affected thereby by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein he lives within thirty (30) days after receipt of notice of the district board’s final determination. The petition for review shall be served upon the district health director and the director of the department of health and welfare of the state of Idaho. The director may appear in any such hearing as a matter of right. Such service shall be jurisdictional and the provisions of this section shall be the exclusive procedure for appeal or review.
(2) If no appeal or review is sought within the time prescribed in (1) above, the final determination of the district board shall be conclusive as to factual matters decided therein and not subject to collateral attack in any proceeding to enforce its provisions.
History:
[39-418, added 1970, ch. 90, sec. 10, p. 218; am. 1973, ch. 29, sec. 10, p. 56; am. 1974, ch. 23, sec. 74, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 4 - PUBLIC HEALTH DISTRICTS › Section 39-419 - VIOLATION OF PUBLIC HEALTH LAWS — MISDEMEANOR — CIVIL LIABILITY FOR EXPENSE — INFRACTION.

39-419. VIOLATION OF PUBLIC HEALTH LAWS — MISDEMEANOR — CIVIL LIABILITY FOR EXPENSE — INFRACTION. (1) It shall be unlawful for any person to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, regulation, or ordinance issued pursuant thereto.
(2) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment. In addition to fine and imprisonment, any person found to be in violation of this chapter or the rules promulgated thereunder shall be liable for any expense incurred by the district board of health in enforcing this chapter, or in removing or terminating any nuisance, source of filth, cause of sickness, or health hazard. Conviction under the penalty provisions of this chapter or any other health law or rules promulgated thereunder shall not relieve any person from any civil action in damages that may exist for any injury resulting from any violation of the public health laws or rules promulgated by the district board of health.
(3) A violator of any law or rule within the jurisdiction of the district shall be liable in an amount not in excess of the limits prescribed in section 39-108, Idaho Code. The district board may seek recovery by commencing an action in the district court of the county wherein the violation occurred. Amounts recovered shall be deposited as required by the provisions of section 39-414(5), Idaho Code.
(4) Notwithstanding the provisions of subsection (2) of this section, if an order is applicable to all persons in a county or a public health district, then a person who willfully violates such order is guilty of an infraction punishable by a fine of fifty dollars ($50.00). No court costs or fees apply to such infraction.
History:
[39-419, added 1970, ch. 90, sec. 8, p. 218; am. 1973, ch. 29, sec. 11, p. 56; am. 1986, ch. 63, sec. 6, p. 183; am. 1992, ch. 122, sec. 2, p. 400; am. 2000, ch. 132, sec. 35, p. 344; am. 2021, ch. 90, sec. 2, p. 318.]