reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4313 - MISREPRESENTATION — CONSUMER PROTECTION ACT.

54-4313. MISREPRESENTATION — CONSUMER PROTECTION ACT. (1) The board may bring any action in the district court for a temporary restraining order, preliminary injunction, or permanent injunction against any person who violates the provisions of this chapter, who falsely holds himself out as a respiratory care practitioner, or who practices or provides respiratory care in violation of this chapter.
(2) Any person who falsely holds himself out as a respiratory care practitioner shall be guilty of using a method, act, or practice that is declared to be unlawful as provided in chapter 6, title 48, Idaho Code.
History:
[54-4313, added 2021, ch. 21, sec. 2, p. 60.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4314 - PENALTIES.

54-4314. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
History:
[54-4314, added 2021, ch. 21, sec. 2, p. 60.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4315 - SEVERABILITY.

54-4315. 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 remaining portions of this chapter.
History:
[54-4315, added 2021, ch. 21, sec. 2, p. 60.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4401 - DEFINITIONS.

54-4401. DEFINITIONS. As used in this chapter:
(1) "Board" means:
(a) The state board of podiatry as established in chapter 6, title 54, Idaho Code;
(b) The state board of chiropractic physicians as established in chapter 7, title 54, Idaho Code;
(c) The state board of dentistry as established in chapter 9, title 54, Idaho Code;
(d) The state board of nursing as established in chapter 14, title 54, Idaho Code;
(e) The state board of optometry as established in chapter 15, title 54, Idaho Code;
(f) The state board of pharmacy as established in chapter 17, title 54, Idaho Code;
(g) The state board of medicine as established in chapter 18, title 54, Idaho Code;
(h) The board of veterinary medicine as established in chapter 21, title 54, Idaho Code;
(i) The Idaho state board of psychologist examiners as established in chapter 23, title 54, Idaho Code;
(j) The state board of social work examiners as established in chapter 32, title 54, Idaho Code;
(k) The Idaho state counselor licensing board as established in chapter 34, title 54, Idaho Code; and
(l) Any health care related board granted licensing authority by the legislature after July 1, 1993.
(2) "Peer assistance entity" means an organization, a program, a committee or a professional association which is designed to address any or all of the following issues affecting practitioners of the health care professions: chemical dependency and/or impairment; psychological impairment; and mental or physical impairment.
History:
[54-4401, added 1993, ch. 73, sec. 1, p. 194.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4402 - AGREEMENTS WITH PEER ASSISTANCE ENTITIES.

54-4402. AGREEMENTS WITH PEER ASSISTANCE ENTITIES. (1) The board may enter into agreements with peer assistance entities to undertake those functions and responsibilities specified in the agreements which assist the board in performing its duties, implementing disciplinary actions or sanctions, and in addressing potential or confirmed problems of chemical dependency and/or impairment, psychological impairment, and mental or physical impairment affecting board licentiates.
(2) To fund the activities of a peer assistance entity as specified and undertaken under an agreement, the board may annually allocate to the entity a portion of each licentiate registration, certification or licensure fee, or any portion of additional funds available to the board from other sources.
(3) In addition to any other fees or professional dues imposed by the board, the board may make a peer assistance special assessment of not more than fifty dollars ($50.00) per year to fund the activities of a peer assistance entity. If a board has a statutorily established limit on the amount of professional dues or fees it can assess its licensees, the peer assistance special assessment shall not be included in the total amount of professional dues or fees assessed by a board for such statutory limitation purposes.
(4) Pursuant to chapter 52, title 67, Idaho Code, the board may adopt rules and regulations necessary for the administration of a peer assistance entity program.
History:
[54-4402, added 1993, ch. 73, sec. 1, p. 195.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4403 - RECORDS AND PROCEEDINGS OF PEER ASSISTANCE ENTITIES.

54-4403. RECORDS AND PROCEEDINGS OF PEER ASSISTANCE ENTITIES. Except as provided in sections 54-4406 and 54-4407, Idaho Code:
(1) The records and proceedings of a peer assistance entity which could be used to identify or provide information regarding individual past or present participants in a peer assistance entity program are not subject to subpoena or discovery and are not admissible as evidence in an administrative proceeding or a criminal or civil action.
(2) Members of the board of directors of a peer assistance entity, and employees, contractors and past or present participants in a peer assistance entity program may not be compelled to testify before any agency, board or court with respect to the peer assistance entity’s records and proceedings regarding a past or current peer assistance entity program participant nor shall they disclose information or be examined regarding any past or current participant in a peer assistance entity program if that information was obtained as a result of performing duties within his regular scope of functions for the peer assistance entity program, or as a program participant.
(3) Records regarding a participant shall be released if a properly completed release form signed by the participant is submitted.
History:
[54-4403, added 1993, ch. 73, sec. 1, p. 196.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4404 - PROTECTED ACTION AND COMMUNICATION.

54-4404. PROTECTED ACTION AND COMMUNICATION. There shall be no liability on the part of and no action for damages against:
(1) Any board member, employee or contractor of a peer assistance entity for any action undertaken or performed by such person within the scope of the functions of such peer assistance entity under this chapter when acting without malice and in the reasonable belief that the action taken by him is warranted; or
(2) Any person providing information to the peer assistance entity without malice in the reasonable belief that such information is accurate.
History:
[54-4404, added 1993, ch. 73, sec. 1, p. 196.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4405 - ADMINISTRATIVE RULES.

54-4405. ADMINISTRATIVE RULES. Pursuant to the provisions of chapter 52, title 67, Idaho Code, the division of occupational and professional licenses may promulgate such rules as are necessary to properly administer the addition of health care related boards as provided in section 54-4401, Idaho Code.
History:
[54-4405, added 1993, ch. 73, sec. 1, p. 196; am. 2022, ch. 94, sec. 60, p. 322.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4406 - REFERRAL IN ADDITION TO OR IN LIEU OF DISCIPLINE.

54-4406. REFERRAL IN ADDITION TO OR IN LIEU OF DISCIPLINE. (1) In addition to or in lieu of any disciplinary action, the board may refer a licensee who is chemically dependent or physically or psychologically impaired to a peer assistance entity.
(2) The peer assistance entity shall report to the board and provide all pertinent information concerning any licensee who is referred to the peer assistance entity under subsection (1) of this section.
History:
[54-4406, added 1993, ch. 73, sec. 1, p. 196.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 44 - PEER ASSISTANCE ENTITY AGREEMENTS › Section 54-4407 - PEER ASSISTANCE ENTITY TO REPORT TO BOARD.

54-4407. PEER ASSISTANCE ENTITY TO REPORT TO BOARD. (1) The legislature recognizes that confidentiality is essential to obtaining maximum disclosure from impaired health care professionals; such disclosure is vital to the success of the peer assistance process. It is also recognized that the public must be protected from health care professionals who continue to practice in an impaired state.
(2) If the peer assistance entity reasonably believes that a health care professional continues to practice in an impaired state after entering into the peer assistance entity’s program and despite the peer assistance entity’s recommendations for treatment or modification of practice to remove risk to the public from the effects of the impairment, the peer assistance entity shall immediately notify the appropriate board regarding the impaired health care professional and provide all documentation relevant to substantiate the impaired practice. Similarly, if the licensing board reasonably believes that a health care professional continues to practice in an impaired state, it can require the peer assistance entity to provide all documentation available on the current ability to practice of the individual. Information that does not deal directly with the professional ability to practice will remain privileged.
(3) The board shall have access to financial and administrative records necessary to determine contract compliance and to reports regarding aggregate statistical information; provided, information released pursuant to this subsection shall not contain data which could be used to specifically identify past or present peer assistance program participants.
(4) The board shall have the authority to use any documentation or information supplied to it from a peer assistance entity pursuant to this section or section 54-4406, Idaho Code, as it deems necessary and which is consistent with applicable Idaho law.
(5) Nothing in this chapter shall be deemed to supersede any duty to report under chapter 19, title 6, or section 16-1605 or 16-1606, Idaho Code.
History:
[54-4407, added 1993, ch. 73, sec. 1, p. 196; am. 2005, ch. 391, sec. 58, p. 1314.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4501 - SHORT TITLE.

54-4501. SHORT TITLE. The provisions of this chapter shall be known and may be cited as the "Public Works Construction Management Licensing Act of 1998."
History:
[54-4501, added 1998, ch. 410, sec. 1, p. 1267.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4502 - LEGISLATIVE INTENT.

54-4502. LEGISLATIVE INTENT. In order to protect the public welfare and to promote the highest degree of professional conduct on the part of persons providing construction management services, the provisions of this chapter provide for the licensure of individuals and regulation of persons providing construction management services for public works projects.
History:
[54-4502, added 1998, ch. 410, sec. 1, p. 1267.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4504 - LICENSE REQUIRED.

54-4504. LICENSE REQUIRED. (1) Except as otherwise provided herein, on and after the effective date of this chapter, it shall be unlawful for any person to act as a construction manager in public works construction or to practice or perform or offer to perform construction management services in public works construction unless such offer is made by or such construction management services are performed by or under the direct supervision of a licensed construction manager.
(2) Only an individual may be licensed as a construction manager. No firm may provide or hold itself out as providing or currently able to provide construction management services unless it holds a certificate of authority issued by the administrator pursuant to section 54-4509, Idaho Code.
(3) Construction management services provided by a firm must be provided under the direct supervision and control of a licensed construction manager who is a principal or employee of the firm.
(4) An employee of an owner for which public works construction management services are to be performed shall not be required to obtain a license under this chapter in order to provide such services for his employer.
(5) A licensed architect, registered landscape architect or registered professional engineer shall not be required to obtain a license under this chapter in order to provide services for which the laws of this state require a person to be licensed as an architect, registered landscape architect or registered as a professional engineer or to provide services traditionally and customarily provided by licensed architects, registered landscape architects or registered professional engineers. Provided however, that such services shall not include the procurement of equipment or construction work required by law to be competitively bid for public works construction.
History:
[54-4504, added 1998, ch. 410, sec. 1, p. 1268; am. 2017, ch. 122, sec. 2, p. 288.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4505 - REQUIREMENTS FOR LICENSURE.

54-4505. REQUIREMENTS FOR LICENSURE. (1) Any individual who wishes to become licensed as a construction manager shall make written application to the administrator on such forms or in such manner as the administrator may prescribe. Each applicant shall provide such proof as the administrator may require that he:
(a) Has a bachelor’s degree in architecture, engineering or construction management from a college or university that has an educational program in architecture, engineering or construction management, as the case may be, accredited by a nationally recognized accrediting organization and that he has a minimum of four (4) years’ experience in managing construction projects; or
(b) Has a minimum of five (5) years’ experience in managing construction projects.
(2) If the administrator finds that the applicant meets the requirements for licensure set forth in subsection (1) of this section, he shall administer an examination to the applicant, which examination shall be offered at least once each year. The examination shall test the applicant’s knowledge and proficiency in construction management issues, including health, environmental and safety regulations, interpretation of construction contracts, financing, scheduling and project administration for construction projects. The administrator shall establish a fee for administering the examination to each applicant which must be paid before the applicant may sit for the examination.
(3) An applicant who demonstrates knowledge and proficiency of construction management by virtue of passing the examination shall, upon the payment of an appropriate fee, be issued a license authorizing that individual to provide construction management services.
History:
[54-4505, added 1998, ch. 410, sec. 1, p. 1268; am. 2017, ch. 122, sec. 3, p. 288.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4506 - TEMPORARY LICENSES.

54-4506. TEMPORARY LICENSES. (1) The administrator may issue a temporary license for a period not to exceed one (1) year to an applicant who provides satisfactory proof of possession of a valid construction manager’s license issued by another state pursuant to requirements substantially similar to those set forth in section 54-4505, Idaho Code.
(2) Temporary licenses may not be renewed nor their terms extended beyond the period set forth in this section.
History:
[54-4506, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 4, p. 289.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4507 - LICENSE RENEWAL.

54-4507. LICENSE RENEWAL. (1) Each construction management license issued under the terms of this chapter shall expire and become invalid one (1) year after issuance unless renewed in the manner prescribed by the board.
(2) Upon application, the administrator may grant inactive status to the holder of a license who is no longer actively providing construction management services.
(3) The board may provide for reinstatement of an expired or inactive license upon such terms as it may determine by rule.
History:
[54-4507, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 5, p. 289.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4508 - DISCIPLINARY PROCEEDINGS.

54-4508. DISCIPLINARY PROCEEDINGS. (1) The administrator shall have the authority to deny or refuse to renew a license or certificate of authority, defer or precondition licensure, suspend or revoke a license, impose an administrative fine not to exceed twenty thousand dollars ($20,000) per violation, impose the administrative costs of bringing the action before the board including, but not limited to, hearing officer fees, expert witness fees, attorney’s fees, costs of hearing transcripts and copies, or impose probationary conditions on a person or the holder of a license or certificate of authority, upon the following grounds:
(a) Fraud or deception in the procurement of a license or certificate of authority or in the taking of an examination required under the provisions of this chapter;
(b) Incompetence in the performance of a construction manager’s duties;
(c) Holding oneself or one’s firm out as a construction manager by engaging in any act meeting the definition or character of a construction manager as defined herein without a legally required license;
(d) Fraud or deceit in the performance of a construction manager’s duties; or
(e) Willful violation of the provisions of this chapter or the rules promulgated by the board.
(2) Proceedings that may result in the suspension or revocation of a license or certificate of authority, or the imposition of probationary or other disciplinary conditions on the holder of a license or certificate of authority, shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code; provided however, that the suspension of a certificate of authority, upon the notification by its holder that the construction manager it has designated to the administrator no longer is a principal or employee of the firm, shall not be required to be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.
(3) The board may, by rule, provide for the reinstatement of suspended or revoked licenses upon such terms as it may impose.
History:
[54-4508, added 1998, ch. 410, sec. 1, p. 1270; am. 2000, ch. 318, sec. 3, p. 1075; am. 2005, ch. 213, sec. 34, p. 667; am. 2017, ch. 122, sec. 6, p. 290.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4509 - CERTIFICATES OF AUTHORITY FOR FIRMS.

54-4509. CERTIFICATES OF AUTHORITY FOR FIRMS. (1) No firm shall provide or hold itself out as providing construction management services unless it has a certificate of authority issued by the administrator. If one (1) or more principals or employees of a firm are licensed construction managers, the firm may apply to the administrator for a certificate of authority to provide and hold itself out as providing construction management services. An application for a certificate of authority shall:
(a) Designate the licensed construction manager or managers, who are principals or employees of the firm, specified to be in responsible charge of construction management services provided by the firm;
(b) Be accompanied by a statement signed by such licensed construction manager or managers accepting the responsibility and duty to provide construction management services for the firm; and
(c) Contain such other information as the administrator reasonably may require.
If the administrator concludes that the construction manager or managers designated by the firm is or are licensed in good standing and that the firm meets such other criteria reasonably established by the board, he shall issue a certificate of authority to the firm authorizing it to provide and hold itself out as providing construction management services.
(2) If the construction manager or managers designated by the firm cease to be licensed or to be principals or employees of the firm, the firm shall immediately notify the administrator in writing and shall cease to hold itself out as qualified to offer construction management services. Upon receiving such notification, the administrator shall suspend the firm’s certificate of authority. If the firm is in the process of providing construction management services when its designated licensed construction manager becomes unable to provide those services, the firm shall complete the construction management services for the project by using the services of another licensed construction manager who need not be a principal or employee of the firm. The firm shall not provide or hold itself out as providing construction management services for other projects until the administrator has reinstated the firm’s certificate of authority which the administrator shall do if the firm submits an application for reinstatement of its certificate of authority, which shall contain the information required for an original application together with such other information as the administrator reasonably may require, and the administrator finds such application to be satisfactory and complete.
History:
[54-4509, added 1998, ch. 410, sec. 1, p. 1270; am. 2017, ch. 122, sec. 7, p. 290.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4510 - FEES — DISPOSITION OF FUNDS.

54-4510. FEES — DISPOSITION OF FUNDS. (1) The board shall adopt by rule reasonable fees not to exceed two hundred dollars ($200) for each of the following:
(a) Initial examination and licensing;
(b) License renewal;
(c) Inactive licenses;
(d) License reinstatement; and
(e) Issuance, suspension and reinstatement of a certificate of authority.
(2) All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[54-4510, added 1998, ch. 410, sec. 1, p. 1271; am. 1999, ch. 272, sec. 1, p. 685; am. 2017, ch. 122, sec. 8, p. 291; am. 2021, ch. 224, sec. 71, p. 688.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4512 - REQUIREMENT OF BOND.

54-4512. REQUIREMENT OF BOND. A licensed construction manager representative or firm providing public works construction management services shall be required to post a payment and performance bond or bonds in the amount of the total construction management contract to secure the construction manager’s obligations thereunder. A construction manager/general contractor shall provide payment and performance bonds to secure construction of the project in the amounts required in section 54-1926, Idaho Code.
History:
[54-4512, added 1998, ch. 410, sec. 1, p. 1272; am. 2014, ch. 132, sec. 3, p. 369.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4513 - PENALTIES.

54-4513. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment, at the discretion of the court.
History:
[54-4513, added 1998, ch. 410, sec. 1, p. 1272; am. 2000, ch. 318, sec. 4, p. 1076.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT › Section 54-4514 - INJUNCTIVE RELIEF.

54-4514. INJUNCTIVE RELIEF. The administrator may bring an action in the district court for a temporary restraining order, preliminary injunction or permanent injunction against any person who violates the provisions of this chapter.
History:
[54-4514, added 1998, ch. 410, sec. 1, p. 1272; am. 2017, ch. 122, sec. 9, p. 291.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 46 - PATIENT FREEDOM OF INFORMATION › Section 54-4601 - DECLARATION OF PURPOSE.

54-4601. DECLARATION OF PURPOSE. In recognition of the importance of health care to all Idahoans, it is the intent of the legislature to provide the public with easily accessible information on specified licensed or registered health care professionals.
History:
[(54-4601) 54-4501, added 1998, ch. 33, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 106, p. 127; am. 2016, ch. 76, sec. 1, p. 253.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 46 - PATIENT FREEDOM OF INFORMATION › Section 54-4602 - DEFINITIONS.

54-4602. DEFINITIONS. As used in this chapter:
(1) "Board" means a professional licensing or registration board established under title 54, Idaho Code, to regulate the practice of a provider.
(2) "Provider(s)" means a person licensed or registered to deliver health care services pursuant to title 54, Idaho Code.
History:
[(54-4602) 54-4502, added 1998, ch. 33, sec. 1, p. 150; am. and redesig. 1999, ch. 119, sec. 1, p. 354; am. 2016, ch. 76, sec. 2, p. 253.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 46 - PATIENT FREEDOM OF INFORMATION › Section 54-4603 - PUBLIC ACCESS TO PROVIDER INFORMATION.

54-4603. PUBLIC ACCESS TO PROVIDER INFORMATION. Each board must make the following information pertaining to each provider accessible to the public on the board’s website:
(1) Licensure status;
(2) Description or documentation of any final board disciplinary actions that are considered to be public in accordance with the provisions of chapter 1, title 74, Idaho Code; and
(3) At the discretion of the board, other public information in accordance with the provisions of chapter 1, title 74, Idaho Code.
History:
[54-4603, added 2016, ch. 76, sec. 4, p. 253.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4701 - PURPOSE.

54-4701. PURPOSE. The legislature finds and declares that the provision of acupuncture services affects the public health, safety and welfare. The legislature further finds that it is in the public interest to aid in the provision of acupuncture services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of acupuncturists within the state of Idaho.
History:
[54-4701, added 1999, ch. 379, sec. 1, p. 1039.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4702 - DEFINITIONS.

54-4702. DEFINITIONS. As used in this chapter:
(1) "Acupuncture" means that theory of health care developed from traditional and modern Oriental medical philosophies that employs diagnosis and treatment of conditions of the human body based upon stimulation of specific acupuncture points on meridians of the human body for the promotion, maintenance, and restoration of health and for the prevention of disease. Therapies within the scope of acupuncture include manual, mechanical, thermal, electrical and electromagnetic treatment of such specific indicated points. Adjunctive therapies included in, but not exclusive to, acupuncture include herbal and nutritional treatments, therapeutic exercise and other therapies based on traditional and modern Oriental medical theory.
(2) "Board" means the Idaho state board of acupuncture.
(3) "NCCAOM" means "National Certification Commission for Acupuncture and Oriental Medicine."
(4) "Practice of acupuncture" means the insertion of acupuncture needles and use of similar devices and therapies, including application of moxibustion, to specific indicated points on the skin of the human body as indicated pursuant to traditional and modern theories of Oriental medicine. The "practice of acupuncture" does not include:
(a) Surgery; or
(b) Prescribing, dispensing or administering any prescription drug or legend drug as defined in section 54-1705, Idaho Code.
History:
[54-4702, added 1999, ch. 379, sec. 1, p. 1039; am. 2002, ch. 26, sec. 2, p. 33; am. 2006, ch. 290, sec. 4, p. 894; am. 2009, ch. 244, sec. 6, p. 754; am. 2011, ch. 135, sec. 6, p. 381; am. 2013, ch. 28, sec. 16, p. 67; am. 2013, ch. 270, sec. 6, p. 706; am. 2014, ch. 146, sec. 8, p. 401; am. 2015, ch. 28, sec. 14, p. 60; am. 2018, ch. 37, sec. 20, p. 96; am. 2021, ch. 54, sec. 40, p. 183; am. 2022, ch. 45, sec. 8, p. 132; am. 2022, ch. 178, sec. 4, p. 582.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4703 - LICENSE REQUIRED.

54-4703. LICENSE REQUIRED. (1) From and after the 1st day of July, 1999, it is unlawful for any person to practice acupuncture in this state without, at such time being licensed or certified pursuant to this chapter; provided however, the provisions of this chapter shall not apply to persons licensed pursuant to chapter 18, title 54, Idaho Code, but such persons may seek licensure or certification pursuant to this chapter on a voluntary basis. Persons holding an acupuncture trainee permit pursuant to this chapter may practice acupuncture on a supervised, limited basis as prescribed by this chapter, the board’s rules and the permit.
(2) No person shall use any title, designation, words, letters, abbreviations, or sign, card or device which indicates to the public that such person may practice acupuncture in any form or has been issued a license or been certified pursuant to this chapter unless the person is so licensed or certified, has been issued such license or certification, and the license or certification is in good standing pursuant to rules of the board.
History:
[54-4703, added 1999, ch. 379, sec. 1, p. 1040; am. 2007, ch. 220, sec. 1, p. 661; am. 2011, ch. 75, sec. 1, p. 157.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4704 - BOARD OF ACUPUNCTURE CREATED — APPOINTMENT — TERMS.

54-4704. BOARD OF ACUPUNCTURE CREATED — APPOINTMENT — TERMS. (1) There is hereby established in the division of occupational and professional licenses a state board of acupuncture and the members thereof shall be appointed by the governor within sixty (60) days following the effective date of this chapter.
(2) The board shall consist of five (5) members, three (3) of whom shall be licensed pursuant to this chapter, one (1) of whom shall be certified pursuant to this chapter, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of acupuncture services.
(3) In making appointments to the board of acupuncture, consideration shall be given to recommendations made by the Idaho acupuncture association, other similar professional organizations and any individual residing in this state.
(4) All members of the board shall be current residents of the state of Idaho and have been residents of the state of Idaho for a minimum of three (3) years immediately preceding appointment.
(5) All terms shall be four (4) years, and a member may be reappointed. In the event of death, resignation, or removal of any member before the expiration of the term to which appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(6) Board members shall serve at the pleasure of the governor.
(7) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chairman. The board may hold additional meetings on the call of the chairman or at the written request of any two (2) members of the board. The board may appoint such committees as it considers necessary to carry out its duties. A majority of the members of the board shall constitute a quorum.
(8) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
History:
[54-4704, added 1999, ch. 379, sec. 1, p. 1040; am. 2000, ch. 82, sec. 1, p. 170; am. 2016, ch. 340, sec. 42, p. 961; am. 2018, ch. 57, sec. 1, p. 144; am. 2021, ch. 222, sec. 35, p. 648.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4705 - BOARD OF ACUPUNCTURE — POWERS AND DUTIES — FUNDS.

54-4705. BOARD OF ACUPUNCTURE — POWERS AND DUTIES — FUNDS. (1) The board shall have the authority to:
(a) Determine the qualifications of persons applying for licensure, certification and acupuncture trainee permits pursuant to this chapter and define, by rule, the appropriate scope of acupuncture services that may be rendered to the public in this state;
(b) Hire or appoint employees, including an executive director, investigators, attorneys, consultants and independent hearing examiners;
(c) Establish, pursuant to the administrative procedure act, such rules as are necessary for the administration of this chapter, including standards for professional conduct that reflect current practice standards and promote inclusion of innovations and advances in acupuncture;
(d) Conduct investigations and examinations and hold hearings;
(e) Collect fees and other funds as prescribed by this chapter;
(f) Contract, sue and be sued, and pursue other matters lawful in this state;
(g) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(h) Adopt rules requiring continuing education as a condition of continued licensure or certification.
(2) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
History:
[54-4705, added 1999, ch. 379, sec. 1, p. 1041; am. 2000, ch. 28, sec. 2, p. 54; am. 2002, ch. 81, sec. 1, p. 184; am. 2011, ch. 75, sec. 2, p. 157; am. 2022, ch. 94, sec. 61, p. 322.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4706 - REQUIREMENTS FOR LICENSURE.

54-4706. REQUIREMENTS FOR LICENSURE. A person applying for a license shall, in addition to paying all required fees, submit a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:
(1) Has received certification from NCCAOM, or has successfully completed other similar requirements as have been approved by the board; and
(2) Has successfully completed an acupuncture internship or pre-professional practice program, coordinated program, or such other equivalent experience as may be approved by the board; and
(3) Has passed an examination or other demonstration of proficiency as may be uniformly required by the board for other similarly qualified applicants for licensure.
History:
[54-4706, added 1999, ch. 379, sec. 1, p. 1042; am. 2002, ch. 81, sec. 2, p. 184.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4707 - REQUIREMENTS FOR CERTIFICATION.

54-4707. REQUIREMENTS FOR CERTIFICATION. A person applying for a certification shall, in addition to paying all required fees, submit a written application provided by the board showing that such person has successfully passed an examination or other demonstration of proficiency as may be uniformly required by the board and:
(1) Has successfully completed the requirements for full membership in the American academy of medical acupuncture; or
(2) Has met each of the following education and experience requirements:
(a) Possesses from an accredited college or university a doctoral degree in chiropractic, dentistry, podiatric medicine, or naturopathic medicine;
(b) Has successfully completed an approved program consisting of a minimum of one hundred (100) hours of on-site didactic coursework in acupuncture taught by an NCCAOM certified acupuncturist who has been practicing acupuncture for at least five (5) years and is currently licensed, two hundred (200) hours of practice as a certified technician or as an acupuncture trainee over a one (1) year period and twenty-five (25) case studies; and
(c) Has successfully passed a blood-borne pathogen course and comprehensive examination concerning the practice of acupuncture approved by the board that incorporates clean needle techniques and OSHA procedures and requirements.
History:
[54-4707, added 1999, ch. 379, sec. 1, p. 1042; am. 2007, ch. 220, sec. 2, p. 662; am. 2011, ch. 75, sec. 3, p. 158.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4708 - ACUPUNCTURE TRAINEE PERMIT.

54-4708. ACUPUNCTURE TRAINEE PERMIT. (1) A person seeking the experience needed to obtain licensure or certification pursuant to this chapter may apply for an acupuncture trainee permit. Such person shall pay all required fees, submit a written application provided by the board and show to the satisfaction of the board that such person is qualified and actively pursuing an acupuncture license or certification.
(2) In approving an acupuncture trainee permit the board shall consider the scope and extent of the applicant’s academic and other training and experience in health care to date and may, for each individual acupuncture trainee:
(a) Require such supervision, as the board may deem appropriate, by a person licensed or certified pursuant to this chapter;
(b) Restrict the practice of acupuncture for the acupuncture trainee to specified therapies or treatments.
(3) A person’s acupuncture trainee permit expires one (1) year from the date of issuance. However, the board may renew the permit for up to one (1) year if, before the permit expires, the person asks the board for an extension and establishes to the board’s satisfaction that good cause exists for the board to renew the permit. The renewal of any acupuncture trainee permit may be upon such conditions as the board may require. The board may not renew a permit more than once and the board may not issue more than one (1) permit to any person.
History:
[54-4708, added 1999, ch. 379, sec. 1, p. 1042; am. 2002, ch. 81, sec. 3, p. 185; am. 2011, ch. 75, sec. 4, p. 158.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4708A - ACUPUNCTURE TECHNICIAN.

54-4708A. ACUPUNCTURE TECHNICIAN. Individuals who have been granted an acupuncture technician certificate before July 1, 2011, shall be entitled to retain and renew such certificate under the renewal terms as provided in section 54-4710, Idaho Code, and the board’s rules, but no new technician certificates shall be issued on and after July 1, 2011.
History:
[54-4708A, added 2011, ch. 75, sec. 5, p. 159.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4709 - ENDORSEMENT LICENSURE.

54-4709. ENDORSEMENT LICENSURE. An applicant who proves to the satisfaction of the board that he is licensed or registered under the laws of another state, territory, or jurisdiction of the United States that, in the opinion of the board, imposes substantially equivalent licensing requirements as this chapter may, upon the payment of the required fee and the approval of the application, be licensed by endorsement pursuant to this chapter.
History:
[54-4709, added 2020, ch. 53, sec. 2, p. 133.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4710 - EXPIRATION AND RENEWAL — REINSTATEMENT.

54-4710. EXPIRATION AND RENEWAL — REINSTATEMENT. (1) All licenses and certifications issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount that is sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license;
(b) Renewal of license fee;
(c) Initial fee for certification;
(d) Initial acupuncture trainee permit;
(e) Renewal acupuncture technician certificate or acupuncture trainee permit;
(f) Inactive license and certification fees;
(g) Late renewal fees.
History:
[54-4710, added 1999, ch. 379, sec. 1, p. 1043; am. 2003, ch. 21, sec. 21, p. 91; am. 2011, ch. 75, sec. 6, p. 159.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4711 - SUSPENSION AND REVOCATION.

54-4711. SUSPENSION AND REVOCATION. To protect the health, safety and welfare of the public, the board, in accordance with the requirements of chapter 52, title 67, Idaho Code, may refuse to issue or may refuse to renew a license, certification, or permit or may suspend or revoke a license, certification, or permit, under such conditions as the board may require, if the applicant or holder of the license, certification, or permit has:
(1) Been convicted of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Obtained or attempted to obtain the issuance or renewal of a license, certification or permit pursuant to this chapter by means of fraud, misrepresentation or concealment of material facts;
(3) Engaged in the practice of acupuncture in a manner that does not meet the generally accepted standards for the practice of acupuncture within the state of Idaho;
(4) Failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;
(5) Engaged in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the acupuncturist by the client;
(6) Engaged in conduct that violates the provisions of this chapter, the rules of the board or the terms of any permit issued by the board;
(7) Failed to comply with a board order entered in a disciplinary matter;
(8) Had a license revoked or suspended or has been otherwise disciplined by the board or the proper authorities of another state, territory, or jurisdiction of the United States or another country; or
(9) Had a license or certification in a related field revoked or suspended or has been otherwise disciplined in Idaho or another state, territory, or jurisdiction of the United States or another country.
History:
[54-4711, added 1999, ch. 379, sec. 1, p. 1043; am. 2007, ch. 220, sec. 3, p. 662; am. 2011, ch. 75, sec. 7, p. 160; am. 2020, ch. 53, sec. 3, p. 133; am. 2020, ch. 175, sec. 34, p. 539; am. 2021, ch. 321, sec. 38, p. 981.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4712 - TITLES.

54-4712. TITLES. Persons licensed pursuant to this chapter may use the title "licensed acupuncturist." Persons certified or granted an acupuncture technician certificate, or an acupuncture trainee permit pursuant to this chapter, may use the title "certified acupuncturist," "acupuncture technician" or "acupuncture trainee," respectively, but may not use the title "licensed acupuncturist" or "doctor," or any abbreviation thereof, unless the acupuncturist is otherwise authorized to use such title. No person authorized to practice acupuncture pursuant to this chapter may hold himself out in any way as a medical physician, doctor of osteopathy, chiropractor, physical therapist or other health care professional unless the person is properly authorized for such practice pursuant to law.
History:
[54-4712, added 1999, ch. 379, sec. 1, p. 1044; am. 2011, ch. 75, sec. 8, p. 160.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 47 - ACUPUNCTURE › Section 54-4713 - PENALTIES.

54-4713. PENALTIES. (1) A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
(2) The board may seek injunction against any person who practices acupuncture in violation of this chapter and may, in the event a permanent injunction is entered against such person or plea or verdict of guilty is entered in any criminal matter, impose a civil penalty in the amount of all costs and fees incurred by the board in prosecuting the matter.
(3) The representation to another person that a person holds a license, certification or permit pursuant to this chapter, when such representation is untrue, constitutes the using of a method, act or practice which is declared to be unlawful under the provisions of chapter 6, title 48, Idaho Code.
History:
[54-4713, added 1999, ch. 379, sec. 1, p. 1044; am. 2011, ch. 75, sec. 9, p. 160.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 48 - REVISED UNIFORM ATHLETE AGENTS ACT › Section 54-4801 - SHORT TITLE.

54-4801. SHORT TITLE. This chapter may be cited as the "Revised Uniform Athlete Agents Act."
History:
[54-4801, added 2016, ch. 201, sec. 2, p. 562.]