reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3310 - APPLICATION FOR LICENSE.

54-3310. APPLICATION FOR LICENSE. Upon application and payment of the appropriate fee, the board shall issue a license to practice denturitry to any applicant who meets one (1) of the following criteria:
(a) Applications filed prior to April 1, 1983: Applicants must furnish two (2) signed affidavits by persons other than family members (or other evidence as may be prescribed by the board) that he/she has been employed for at least five (5) years prior to application in denture technology and is able to demonstrate competency in intra-oral procedures, and has successfully completed courses accredited by the board in head and neck anatomy and oral pathology; and has been a resident of the state of Idaho for six (6) months prior to the filing of the application.
(b) Applications filed on or after April 1, 1983: Applicants must satisfactorily complete the examinations established by the board pursuant to this chapter; and have completed formal training of not less than two (2) years duration at an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of higher education, the curriculum of which includes courses in oral pathology, physiology, head and oral anatomy, clinical microbiology, clinical jurisprudence, asepsis, and first aid for minor office emergencies; and have completed at least two (2) years internship under the supervision of a licensed denturist or have equivalent experience as established by board rule prior to the filing of the application.
History:
[54-3310, added Init Measure 1982 No. 2, sec. 10; am. 1983, ch. 194, sec. 1, p. 531.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3311 - EXAMINATIONS.

54-3311. EXAMINATIONS. The board shall administer the examinations for licensing, subject to the following requirements:
(a) Examinations shall be of such character as to determine the qualifications, fitness and ability of the applicant to practice denturitry, with the form of the test to be written, oral, or a practical demonstration of skills, or such combination of the three (3) as the board may prescribe.
(b) The examination shall include coverage of the following subjects:
(1) Head and oral anatomy;
(2) Oral pathology;
(3) Physiology;
(4) Clinical dental technology;
(5) Dental laboratory technology;
(6) Microbiology;
(7) Clinical jurisprudence;
(8) Asepsis;
(9) First aid for minor office emergencies.
History:
[54-3311, added Init Measure 1982 No. 2, sec. 11; am. 1983, ch. 194, sec. 1, p. 531.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3312 - FEES.

54-3312. FEES. The board shall be entitled to charge and collect the following fees subject to adjustment as prescribed by section 54-3309(c), Idaho Code:
(a) An application fee (which shall include the cost of an examination when required) of not to exceed three hundred dollars ($300);
(b) An initial license fee of not to exceed three hundred dollars ($300);
(c) A renewal fee of not to exceed one thousand dollars ($1,000).
History:
[54-3312, added Init Measure 1982 No. 2, sec. 12; am. 1983, ch. 194, sec. 1, p. 531; am. 1988, ch. 133, sec. 3, p. 239; am. 2010, ch. 121, sec. 2, p. 269.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3313 - LICENSING.

54-3313. LICENSING. A denturist license shall be valid for a period of one (1) year, whereupon a renewal license will be issued upon payment of the renewal fee and the submission of proof of the completion of not less than twelve (12) hours continuing education accredited by the board during the one (1) year immediately preceding the date of application for renewal. The license shall bear on its face the address where the licensee’s denturist services will be performed.
History:
[54-3313, added Init Measure 1982 No. 2, sec. 13; am. 1983, ch. 194, sec. 1, p. 532; am. 1988, ch. 133, sec. 4, p. 239; am. 2003, ch. 21, sec. 16, p. 89.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3314 - SUSPENSION OR REVOCATION OF LICENSE.

54-3314. SUSPENSION OR REVOCATION OF LICENSE. (a) After providing an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, the board shall have the power to refuse to issue a license, suspend or revoke a license, or place a licensed person on probation for a period specified by the board and subject to such conditions as the board shall impose, or reprimand or censure a licensee for any of the following causes:
(1) Conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state of a felony or of any other crime where such crime bears a demonstrable relationship to the practice of denturitry.
(2) Incompetence or gross negligence in the practice of denturitry.
(3) Fraud or misrepresentation in the practice of denturitry.
(4) Use of any narcotic or dangerous drug or intoxicating liquor to an extent that such use impairs the ability to conduct safely the practice of denturitry.
(5) The violation of any provision of this chapter or rules adopted thereunder.
(b) The board shall have the power to examine and inspect the place of business of any licensed denturist at a reasonable time and in a reasonable manner to assure compliance with this chapter.
(c) The board shall have the right to establish standards of conduct and practice, and the power to enforce such standards with monetary penalties and/or revocation or suspension of license.
History:
[54-3314, added Init Measure 1982 No. 2, sec. 14; am. 1983, ch. 194, sec. 1, p. 532; am. 1988, ch. 133, sec. 5, p. 239; am. 1993, ch. 216, sec. 89, p. 662.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3315 - REVOCATION OF LICENSE STAYS ELIGIBILITY.

54-3315. REVOCATION OF LICENSE STAYS ELIGIBILITY. A denturist whose license has been revoked either by the Idaho board of denturitry or the similar body of another state, shall not be eligible to apply for a license until one (1) year after the date of revocation.
History:
[54-3315, added Init Measure 1982 No. 2, sec. 15; am. 1983, ch. 194, sec. 1, p. 532.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3316 - RENEWAL OR REINSTATEMENT OF LICENSE.

54-3316. RENEWAL OR REINSTATEMENT OF LICENSE. All licenses 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.
History:
[54-3316, added Init Measure 1982 No. 2, sec. 16; am. 1983, ch. 194, sec. 1, p. 532; am. 2003, ch. 21, sec. 17, p. 89.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3317 - DISPOSITION OF RECEIPTS.

54-3317. DISPOSITION OF RECEIPTS. All moneys received 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 said fund. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
History:
[54-3317, added Init Measure 1982 No. 2, sec. 17; am. 1983, ch. 194, sec. 1, p. 533; am. 2021, ch. 224, sec. 62, p. 682.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3318 - DENTAL HEALTH INSURANCE POLICIES TO INCLUDE DENTURIST’S SERVICES.

54-3318. DENTAL HEALTH INSURANCE POLICIES TO INCLUDE DENTURIST’S SERVICES. Notwithstanding any provisions of any policy of insurance covering dental health, whenever such policy provides for reimbursement for any service which is within the lawful scope of practice of a denturist, the insured under such policy shall be entitled to reimbursement for such service, whether the service is performed by a licensed dentist or a licensed denturist. This section shall apply to any policy covering dental insurance which is issued after January 1, 1983. Policies which are in existence on January 1, 1983, shall be brought into compliance on the next anniversary date, renewal date, or the expiration date of the applicable collective bargaining contract, if any, whichever date is latest.
History:
[54-3318, added Init Measure 1982 No. 2, sec. 18; am. 1983, ch. 194, sec. 1, p. 533.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3319 - VIOLATION A MISDEMEANOR.

54-3319. VIOLATION A MISDEMEANOR. Violation of any provision of this chapter shall constitute a misdemeanor.
History:
[54-3319, added Init Measure 1982 No. 2, sec. 19; am. 1983, ch. 194, sec. 1, p. 533.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3320 - NOTICE OF BOARD ADDRESS — PROHIBITED ACTIVITIES — GUARANTEE ON SERVICES.

54-3320. NOTICE OF BOARD ADDRESS — PROHIBITED ACTIVITIES — GUARANTEE ON SERVICES. (a) There shall be posted in a conspicuous area on any premises where the practice of denturitry is carried on, a notice with lettering of a size easily read by the average person and in substantially the following form:
ANY CONSUMER WHO HAS A COMPLAINT RELATING TO PRACTICES OF THIS ESTABLISHMENT MAY CONTACT THE IDAHO BOARD OF DENTURITRY………… (address) with a copy to THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES………… (address)
(b) No person licensed under the provisions of this chapter shall directly or indirectly:
(1) Make any payment or gift to a person who has referred a patient;
(2) Receive or accept any rebate, payment or gift from any person to whom a patient is referred; or
(3) Engage in any form of fee-splitting or other form of sharing of remuneration, with respect to referrals.
(c) All denturist services will be unconditionally guaranteed for a period of not less than ninety (90) days.
History:
[54-3320, added Init Measure 1982 No. 2, sec. 20; am. 1983, ch. 194, sec. 1, p. 533; am. 2022, ch. 94, sec. 48, p. 313.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3321 - JUDICIAL REVIEW OF BOARD ACTION.

54-3321. JUDICIAL REVIEW OF BOARD ACTION. Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a denturist license may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code. A copy of the petition for judicial review shall be served upon the president or secretary of the board with notice to the attorney general of the state of Idaho.
History:
[54-3321, added Init Measure 1982 No. 2, sec. 21; am. 1983, ch. 194, sec. 1, p. 534; am. 1993, ch. 216, sec. 90, p. 662.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3322 - SEVERABILITY.

54-3322. SEVERABILITY. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter shall supersede and take precedence over any conflicting provisions contained in chapter 9, title 54, Idaho Code, concerning the practice of dentistry.
History:
[54-3322, added Init Measure 1982 No. 2; am. 1983, ch. 194, sec. 1, p. 534.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 33 - FREEDOM OF CHOICE OF DENTURES ACT › Section 54-3323 - INJUNCTION PROCEDURE.

54-3323. INJUNCTION PROCEDURE. Whenever any person, corporation, partnership or association of any kind or nature violates any of the provisions of this act, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada county. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, on request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts be established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for his contempt of court.
History:
[54-3323, added 1988, ch. 133, sec. 6, p. 240.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3400 - LEGISLATIVE FINDINGS.

54-3400. LEGISLATIVE FINDINGS. The practice of counseling and marriage and family therapy in the state of Idaho is hereby declared to affect the public health, safety and welfare, and to be subject to regulation and control in the public interest to protect the public from the unprofessional, improper, unauthorized and unqualified practice of counseling or marriage and family therapy, and from unprofessional conduct by persons licensed to practice counseling or marriage and family therapy. This chapter should be construed liberally to carry out these objectives and purposes.
History:
[54-3400, added 1998, ch. 413, sec. 1, p. 1302; am. 2012, ch. 68, sec. 1, p. 191.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3403 - BOARD — ORGANIZATION AND MEETINGS.

54-3403. BOARD — ORGANIZATION AND MEETINGS. There is hereby created in the division of occupational and professional licenses an Idaho state licensing board of professional counselors and marriage and family therapists as follows:
(1) The board shall consist of six (6) members, residents of the state of Idaho, who shall be appointed by and serve at the pleasure of the governor. In making appointments, the governor shall give consideration to recommendations submitted by the Idaho counseling association in consultation with other state counselor organizations, the Idaho association for marriage and family therapy in consultation with other state marriage and family therapy organizations, and any individual residing in this state.
(2) When the term of each member ends, the governor shall appoint the successor for a term of four (4) years from qualified candidates. Any vacancy occurring on the board shall be filled by the governor by appointment for the unexpired term.
(3) At all times, the board shall have two (2) members who are licensed as clinical professional counselors or professional counselors and who are engaged primarily in rendering counseling service; one (1) member who is engaged or has been engaged primarily in teaching, training or research in higher education in counseling or marriage and family therapy; one (1) member who is licensed or is eligible for licensure as both a professional counselor and a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy or marriage and family counseling; one (1) member who is licensed as a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy; and one (1) member from the general public with an interest in the rights of consumers of counseling and therapy services. Except for the initial appointment, all members of the board except the member from the general public shall be licensed under this chapter.
(4) No board member shall serve more than two (2) full consecutive terms.
(5) The members of the board shall be compensated as provided in section 59-509(m), Idaho Code.
(6) The board shall annually hold a meeting and elect a chairman and vice chairman from among its members. The board shall meet at such other times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Notice of all meetings shall be given in the manner prescribed by law. A majority of the board shall constitute a quorum at any meeting or hearing.
History:
[54-3403, added 1982, ch. 183, sec. 1, p. 481; am. 1996, ch. 66, sec. 9, p. 208; am. 2001, ch. 71, sec. 4, p. 145; am. 2012, ch. 68, sec. 4, p. 194; am. 2016, ch. 340, sec. 38, p. 957; am. 2021, ch. 222, sec. 30, p. 644.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3405 - QUALIFICATIONS FOR LICENSURE.

54-3405. QUALIFICATIONS FOR LICENSURE. (1) Licensure as a "licensed professional counselor" shall be restricted to persons who have not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and who have successfully completed each of the following requirements:
(a) A master’s degree or higher in counseling or a related field of study, as approved by the board, which includes completion of a practicum of supervised clinical contact as defined by rule;
(b) An examination if required by the board’s rules; and
(c) One thousand (1,000) hours of supervised experience in counseling acceptable to the board.
(2) A license will not be allowed an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
History:
[54-3405, added 1982, ch. 183, sec. 1, p. 482; am. 1999, ch. 152, sec. 1, p. 426; am. 2001, ch. 83, sec. 2, p. 207; am. 2005, ch. 46, sec. 1, p. 175; am. 2019, ch. 57, sec. 1, p. 146; am. 2022, ch. 246, sec. 30, p. 807.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3405A - QUALIFICATIONS FOR LICENSURE.

54-3405A. QUALIFICATIONS FOR LICENSURE. Licensure as a "licensed clinical professional counselor" shall be restricted to persons who have successfully completed each of the following requirements:
(1) Hold a valid licensed professional counselor license in good standing;
(2) Document two thousand (2,000) hours of direct client contact experience under supervision in no less than a two (2) year period as set forth in this chapter and the rules of the board.
(3) Successful completion of a written examination as approved by the board and defined in rules of the board.
History:
[54-3405A, added 2012, ch. 68, sec. 6, p. 195.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3405B - QUALIFICATIONS FOR LICENSURE.

54-3405B. QUALIFICATIONS FOR LICENSURE. (1) In addition to such other information as the board may require by rule, each applicant for licensure as a licensed associate marriage and family therapist shall:
(a) Hold a master’s degree or higher in marriage and family therapy or a related field of study as approved by the board and complete a practicum of supervised clinical contact with individuals, couples, families and other systems as part of the graduate program and as defined by rule;
(b) Submit an application in the form prescribed by the board;
(c) Pay the fee determined by the board by rule; and
(d) Provide evidence satisfactory to the board of having successfully passed an examination approved by the board and defined by rule.
(2) A license will not be allowed an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
History:
[54-3405B, added 2008, ch. 87, sec. 3, p. 239; am. 2018, ch. 59, sec. 1, p. 146.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3405C - QUALIFICATIONS FOR LICENSURE.

54-3405C. QUALIFICATIONS FOR LICENSURE. (1) In addition to such other information as the board may require by rule, each applicant for licensure as a licensed marriage and family therapist shall:
(a) Hold a master’s degree or higher in marriage and family therapy or a related field of study as approved by the board and complete a practicum of supervised clinical contact with individuals, couples, families and other systems as part of the graduate program and as defined by rule;
(b) Document postgraduate supervised experience in marriage and family therapy acceptable to the board as defined by rule;
(c) Submit an application in the form prescribed by the board;
(d) Pay the fee determined by the board by rule; and
(e) Provide evidence satisfactory to the board of having successfully passed an examination approved by the board and defined by rule.
(2) A license will not be allowed an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
History:
[54-3405C, added 2001, ch. 71, sec. 6, p. 147; am. 2004, ch. 312, sec. 2, p. 875; am. 2005, ch. 46, sec. 3, p. 175; am. 2012, ch. 68, sec. 7, p. 196; am. 2018, ch. 59, sec. 2, p. 148.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3406 - ENDORSEMENT.

54-3406. ENDORSEMENT. Upon payment of the fee enumerated in this chapter, the board may grant a license to any person who, at the time of application, is licensed or certified as a licensed professional counselor, licensed clinical professional counselor, licensed associate marriage and family therapist or licensed marriage and family therapist by an agency located in another state, territory or foreign country and who meets the qualifications established by board rule.
History:
[54-3406, added 1982, ch. 183, sec. 1, p. 483; am. 2001, ch. 71, sec. 7, p. 149; am. 2001, ch. 83, sec. 5, p. 209; am. 2012, ch. 68, sec. 8, p. 198.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3407 - DISCIPLINARY PROCEEDINGS.

54-3407. DISCIPLINARY PROCEEDINGS. Subject to the provisions of chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds:
(1) Fraud or deception in procuring or renewing the license;
(2) Conviction of a felony by a court of competent jurisdiction;
(3) Gross incompetency;
(4) Fraud or deceit in the performance of official duties;
(5) For violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter;
(6) Failure to comply with a board order;
(7) Having had a license revoked, suspended or otherwise disciplined by the proper authorities of another state, territory or country.
The board may reinstate any revoked or suspended license upon such terms as it may impose.
History:
[54-3407, added 1982, ch. 183, sec. 1, p. 483; am. 2003, ch. 50, sec. 1, p. 190; am. 2012, ch. 68, sec. 9, p. 198.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3408 - CERTAIN ACTS PROHIBITED.

54-3408. CERTAIN ACTS PROHIBITED. The following acts shall be unlawful and punishable as a misdemeanor:
(1) The violation of any of the provisions of this chapter and any rules promulgated pursuant thereto;
(2) A person representing himself to be a licensed clinical professional counselor or licensed professional counselor or licensed associate marriage and family therapist or licensed marriage and family therapist without having first complied with the provisions of this chapter;
(3) A person who shall practice or attempt to offer to practice professional counseling or marriage and family therapy, as defined in this chapter, without having at the time of so doing, a valid, unexpired, unrevoked and unsuspended license issued under this chapter or the laws of Idaho or any other state governing mental health professionals.
History:
[54-3408, added 1982, ch. 183, sec. 1, p. 483; am. 1998, ch. 413, sec. 5, p. 1305; am. 1999, ch. 152, sec. 2, p. 426; am. 2001, ch. 71, sec. 8, p. 150; am. 2005, ch. 46, sec. 4, p. 177; am. 2008, ch. 87, sec. 4, p. 241; am. 2012, ch. 68, sec. 10, p. 198.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3409 - INJUNCTION PROCEDURE.

54-3409. INJUNCTION PROCEDURE. The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation, partnership, or organization from persisting in the doing of any acts constituting a violation of the provisions of this chapter. Such action shall be brought in the district court of the county in which the act or acts or some of them are claimed to have been or are being committed, by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant be established, and the court further finds that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing the act or similar acts.
History:
[54-3409, added 1982, ch. 183, sec. 1, p. 483.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3410 - CONFIDENTIAL COMMUNICATION.

54-3410. CONFIDENTIAL COMMUNICATION. Confidentiality of communication between any person licensed under this chapter and client shall be privileged from disclosure as provided in section 9-203, Idaho Code, with the exception of the board review as provided in section 54-3404, Idaho Code.
History:
[(54-3410) 54-3410A, added 1998, ch. 413, sec. 6, p. 1305; am. and redesig. 2001, ch. 71, sec. 10, p. 150; am. 2012, ch. 68, sec. 11, p. 198.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3410A - INFORMED CONSENT AND INFORMATION DISCLOSURE TO CLIENTS.

54-3410A. INFORMED CONSENT AND INFORMATION DISCLOSURE TO CLIENTS. Informed consent involves a licensee’s reasonable disclosure of information to clients and the discussion of such information with clients so that they are agreeing to treatment with knowledge of the material facts necessary to make the decision. Persons licensed under this chapter shall provide to each client at the beginning and at other appropriate times within the context of the counseling or therapy an accurate and informative description that allows the client to make an informed decision about the client’s care. The specific minimum requirements of a documented record of the disclosure shall be defined in the rules of the board.
History:
[(54-3410A) 54-3410B, added 1998, ch. 413, sec. 7, p. 1305; am. and redesig. 2001, ch. 71, sec. 11, p. 150; am. 2012, ch. 68, sec. 12, p. 199.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3411 - FEES ON LICENSURE.

54-3411. FEES ON LICENSURE. (1) The board shall establish fees for licensure under the provisions of this chapter as follows:
(a) The fee for applications not to exceed one hundred seventy-five dollars ($175);
(b) The fee for examination, when required, equal to that charged by the national examining entity plus an administration fee not to exceed twenty-five dollars ($25.00);
(c) The fee for endorsement not to exceed one hundred seventy-five dollars ($175);
(d) The fee for the original license not to exceed one hundred seventy-five dollars ($175);
(e) The fee for annual renewal not to exceed one hundred seventy-five dollars ($175); and
(f) The fee for the original registration of interns not to exceed twenty-five dollars ($25.00).
(2) All fees paid pursuant to this section shall be nonrefundable except that, if a license fee is tendered but the board does not issue a license, the respective license fee shall be returned.
History:
[54-3411, added 1982, ch. 183, sec. 1, p. 484; am. 1999, ch. 152, sec. 3, p. 427; am. 2001, ch. 71, sec. 12, p. 150; am. 2001, ch. 84, sec. 6, p. 209; am. 2003, ch. 50, sec. 2, p. 190; am. 2005, ch. 46, sec. 5, p. 178; am. 2019, ch. 57, sec. 2, p. 146.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3412 - DISPOSITION OF RECEIPTS — EXPENSES.

54-3412. DISPOSITION OF RECEIPTS — EXPENSES. All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated 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, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.
History:
[54-3412, added 1982, ch. 183, sec. 1, p. 484; am. 2012, ch. 68, sec. 13, p. 199; am. 2021, ch. 224, sec. 63, p. 683.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3413 - ADMINISTRATION BY THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES.

54-3413. ADMINISTRATION BY THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES. This chapter shall be administered by the division of occupational and professional licenses.
History:
[54-3413, added 1982, ch. 183, sec. 1, p. 484; am. 2022, ch. 94, sec. 51, p. 316.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3414 - POWERS AND DUTIES OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES.

54-3414. POWERS AND DUTIES OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES. The division of occupational and professional licenses shall have the following powers and duties:
(1) To accept applications for and issue licenses to professional and clinical professional counselors, associate marriage and family therapists, and marriage and family therapists pursuant to requirements of this chapter.
(2) To maintain in a registry appropriate for that purpose a public record of all applications for licenses, the action of the department thereon, of all licenses issued and of all licenses revoked or forfeited with the reasons for such revocation or forfeiture and of all renewals.
(3) To forward complaints against a licensed professional counselor, a licensed clinical professional counselor, a licensed associate marriage and family therapist or a licensed marriage and family therapist to the state licensing board for review and investigation.
(4) To assist in the investigation and prosecution of complaints filed against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist under section 54-3408, Idaho Code.
(5) At the discretion of the division administrator and upon apparent failure or refusal of the state licensing board to investigate or prosecute a complaint against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist, to investigate the complaint and forward the report of investigation to the state licensing board and upon apparent failure or refusal of the state licensing board to take further action, to file an action in the district court under section 54-3408, Idaho Code, against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist violating the terms of this chapter.
History:
[54-3414, added 1982, ch. 183, sec. 1, p. 484; am. 2001, ch. 71, sec. 13, p. 151; am. 2008, ch. 87, sec. 5, p. 241; am. 2012, ch. 68, sec. 14, p. 199; am. 2022, ch. 94, sec. 52, p. 316.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 34 - COUNSELORS AND THERAPISTS › Section 54-3415 - RENEWAL OR REINSTATEMENT OF LICENSE.

54-3415. RENEWAL OR REINSTATEMENT OF LICENSE. All licenses 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.
History:
[54-3415, added 1982, ch. 183, sec. 1, p. 485; am. 2003, ch. 21, sec. 18, p. 89.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3501 - PURPOSE.

54-3501. PURPOSE. The legislature finds and declares that the provision of medical and therapeutic nutritional 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 medical and therapeutic nutritional services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of dietitians within the state of Idaho.
History:
[54-3501, added 1994, ch. 217, sec. 1, p. 674.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3502A - DIETETIC PRACTICE.

54-3502A. DIETETIC PRACTICE. (1) Dietetic practice focuses on food and nutrition and related services developed and provided by dietitians to protect the public, enhance the health and well-being of patients/clients, and deliver quality products, programs and services, and medical nutrition therapy. Dietitians practice across varied settings, including health care, business and industry, communities and public health systems, schools, colleges, the military, government, research, food service management, teaching, consulting, media, writing, public speaking and informatics and private practice.
(2) Clinical nutrition and dietetics practice is the utilization of skills, knowledge and applied judgment of the dietitian whose practice involves nutrition care, medical nutrition therapy and related services provided to individuals and groups of all ages to address health promotion and prevention, delay or management of diseases and conditions.
(3) Clinical privileges. Authorization for clinical privileges is granted by the appropriate authority or a health care organization to a dietitian to provide specific care, treatment or services in the organization within well-defined limits based on licensure, education, training, experience, judgment and demonstrated and documented competence or certification.
(4) A licensed dietitian, in accordance with established protocols consistent with facility policy or procedure, may:
(a) Order patient diets, including therapeutic diets;
(b) Implement medical nutrition therapy;
(c) Order medical laboratory tests related to nutritional therapeutic treatments;
(d) Initiate, implement and adjust pharmacotherapy plans; and
(e) Perform nutrition-focused physical assessments to evaluate for nutritional risk.
(5) A board-certified specialist is a registered dietitian or registered dietitian nutritionist credentialed by the CDR or other certifying entity who has met empirically established criteria, who has successfully completed a specialty certification examination that simulates and tests practice-related knowledge, skills or abilities, and who:
(a) Conforms to the scope of practice and standards of practice as defined by the specialty certification entity;
(b) Carries out functions beyond the basic educational preparation for the registered dietitian or registered dietitian nutritionist; and
(c) Maintains specialty certification by meeting the requirements specified by the certifying entity.
History:
[54-3502A, added 2017, ch. 294, sec. 2, p. 777.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3503 - LICENSE REQUIRED.

54-3503. LICENSE REQUIRED. (1) It is unlawful for any person to assume or use the title or designation of "dietitian," "licensed dietitian (LD)," "registered dietitian (RD)," "registered dietitian nutritionist" (RDN), or any other combination of terms that include the title "dietitian," unless such person has been issued a license pursuant to this chapter and the license is in good standing pursuant to rules of the board. Nothing contained herein shall be construed to prohibit the use of the term "nutrition" or "diet" as a descriptive term in connection with a person’s occupation or employment.
(2) No person shall use any other title, designation, words, letters, abbreviations, or sign, card or device which indicates to the public that such person is a dietitian or has been issued a temporary permit pursuant to this chapter unless the person is so licensed or has been issued such permit, and the license or permit is in good standing pursuant to rules of the board.
(3) A person who is a registered dietitian, as determined by the commission on dietetic registration of the academy of nutrition and dietetics, or its successor organization may continue to use such credential without being licensed pursuant to this chapter as long as the person does not engage in the practice of dietetics as set forth in this chapter.
(4) Exemptions for licensure. The provisions of this chapter shall not apply to the following:
(a) Persons who are not licensed dietitians but are licensed under title 54, Idaho Code, acting within the scope of their profession and doing work of a nature consistent with their training, provided that they do not represent themselves by any title or practice description prohibited by subsection (1) of this section; or
(b) Persons who are licensed to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine under chapter 18, title 54, Idaho Code, provided that they do not represent themselves as licensed dietitians.
History:
[54-3503, added 1994, ch. 217, sec. 1, p. 674; am. 2013, ch. 187, sec. 10, p. 456; am. 2017, ch. 294, sec. 3, p. 778.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3504 - DIETETIC LICENSURE BOARD CREATED — APPOINTMENT — TERMS.

54-3504. DIETETIC LICENSURE BOARD CREATED — APPOINTMENT — TERMS. (1) A dietetic licensure board is hereby created and the members thereof shall be appointed by the Idaho state board of medicine within sixty (60) days following the effective date of this chapter.
(2) The dietetic licensure board shall consist of four (4) members, three (3) of whom shall be dietitians and one (1) member shall be a member of the public with an interest in the rights of the consumer of health care services.
(3) In making appointments to the dietetic licensure board, the board shall give consideration to recommendations made by the Idaho academy of nutrition and dietetics, other professional organizations and dietitians and physicians.
(4) All members of the dietetic licensure 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) The initial dietetic licensure board shall be appointed for staggered terms, the longer of which will not exceed four (4) years. After the initial appointments, all terms shall be four (4) years, and a member may be reappointed one (1) time. 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) The board may, upon recommendation of the dietetic licensure board, or upon its own motion, remove any member of the dietetic licensure board, for cause, prior to the expiration of the member’s term.
(7) The dietetic licensure board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chairperson. The licensure board may hold additional meetings on the call of the chairperson or at the written request of any two (2) members of the licensure board. The licensure board may appoint such committees as it considers necessary to carry out its duties. A majority of the members of the licensure board shall constitute a quorum.
(8) Each member of the licensure board shall be compensated as provided in section 59-509(n), Idaho Code.
History:
[54-3504, added 1994, ch. 217, sec. 1, p. 675; am. 2012, ch. 91, sec. 1, p. 253; am. 2013, ch. 187, sec. 11, p. 456; am. 2017, ch. 294, sec. 4, p. 778.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3505 - BOARD OF MEDICINE AND DIETETIC LICENSURE BOARD — POWERS AND DUTIES — FUNDS.

54-3505. BOARD OF MEDICINE AND DIETETIC LICENSURE BOARD — POWERS AND DUTIES — FUNDS. (1) The board of medicine shall administer, coordinate, and enforce the provisions of this chapter and, for that purpose, may hire such employees as may be necessary. The dietetic licensure board shall make recommendations to, and consult with, the board concerning qualification of applicants for licensure, issuance of licenses, discipline of licensees and rules to be promulgated under this chapter.
(2) The board of medicine may, upon recommendation of the dietetic licensure board, adopt rules pursuant to chapter 52, title 67, Idaho Code, necessary to implement the provisions of this chapter including, but not limited to, rules relating to professional licensure, examination, the establishment of ethical standards of practice, disciplinary proceedings and license suspension, restriction or revocation for persons holding a license to practice dietetics in this state.
(3) The dietetic licensure board shall hold meetings, conduct hearings and keep records and minutes as are necessary to carry out its functions.
(4) All fees received 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 and dietetic licensure board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter. Money paid into the occupational licenses fund pursuant to this chapter is hereby continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and dietetic licensure board in carrying out and enforcing the provisions of this chapter.
History:
[54-3505, added 1994, ch. 217, sec. 1, p. 676; am. 2017, ch. 294, sec. 5, p. 779; am. 2021, ch. 224, sec. 64, p. 683.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3506 - REQUIREMENTS FOR LICENSURE AS A DIETITIAN.

54-3506. REQUIREMENTS FOR LICENSURE AS A DIETITIAN. A person applying for a license shall file a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:
(1) Has successfully completed the following academic and supervised practice requirements:
(a) A minimum of a baccalaureate degree granted by a United States regionally accredited college or university or a foreign equivalent;
(b) An ACEND-accredited didactic program in dietetics or a substantially similar program approved by the board;
(c) An ACEND-accredited supervised practice program in the United States or its territories or a substantially similar program approved by the board; and
(2) Has successfully completed the registration examination for registered dietitians as administered by the commission on dietetic registration or its successor organization as recognized by the licensure board.
The board may require an applicant to be personally interviewed by the board or by a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials.
History:
[54-3506, added 1994, ch. 217, sec. 1, p. 677; am. 2017, ch. 294, sec. 6, p. 780.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 35 - DIETITIANS › Section 54-3508 - LICENSURE BY ENDORSEMENT.

54-3508. LICENSURE BY ENDORSEMENT. The licensure board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who:
(1) Presents proof of current registration by the commission on dietetic registration;
(2) Presents proof of current licensure to engage in the practice of dietetics in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and
(3) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital or institution in any state or district.
History:
[54-3508, added 1994, ch. 217, sec. 1, p. 678; am. 2013, ch. 187, sec. 12, p. 457; am. 2017, ch. 294, sec. 8, p. 781.]