reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5201 - DECLARATION OF POLICY.

39-5201. DECLARATION OF POLICY. The legislature finds that domestic violence is an issue of growing concern. Research findings show that domestic violence constitutes a significant percentage of homicides, aggravated assaults, and assaults and batteries in the United States. Domestic violence is a disruptive influence on personal and community life and is often interrelated with a number of other family problems and stresses. Refuge for victims of domestic violence is essential to provide protection to victims from further abuse and physical harm. Refuge provides temporary safety and resources to victims who may not have access to such things if they remain in abusive situations.
It is the purpose of the legislature in the adoption of this chapter to provide funding for projects in the several areas of the state for the purpose of aiding victims of domestic violence and other crimes.
It is understood that the intention of the provisions of this chapter is not to supersede the authority or responsibilities of agencies of state government responsible for providing services to persons pursuant to the child protective act, crime victims compensation act or adult protective provisions in the Idaho Code.
History:
[39-5201, added 1982, ch. 181, sec. 1, p. 470; am. 2000, ch. 343, sec. 1, p. 1161.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5202 - DEFINITIONS.

39-5202. DEFINITIONS. As used in this chapter:
(1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member.
(2) "Family or household member" means one who is related by blood, marriage, or who resides or has resided with or has been married to the person committing the domestic violence.
(3) "Safe house" means a place available on an as needed basis for temporary residence to victims of domestic violence and their children.
(4) "Refuge" means a place available on a twenty-four (24) hour, seven (7) days a week basis, to provide temporary residence to victims of domestic violence and their children.
(5) "Crisis line" means an emergency twenty-four (24) hour telephone service staffed by persons able to provide information and referral to community services.
(6) "Council" means the Idaho council on domestic violence and victim assistance created in section 39-5203, Idaho Code.
History:
[39-5202, added 1982, ch. 181, sec. 1, p. 470; am. 2000, ch. 343, sec. 2, p. 1162.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5203 - COUNCIL ON DOMESTIC VIOLENCE AND VICTIM ASSISTANCE.

39-5203. COUNCIL ON DOMESTIC VIOLENCE AND VICTIM ASSISTANCE. (1) The Idaho council on domestic violence and victim assistance is hereby established. The council shall be the advisory body for programs and services affecting victims of domestic violence and other crimes in Idaho.
(2) For budgetary purposes and for administrative support purposes, the council shall be assigned, by the governor, to a department or office within the state government.
History:
[39-5203, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 3, p. 1162.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5204 - COMPOSITION.

39-5204. COMPOSITION. The council shall consist of seven (7) members appointed by the governor. At least one (1) member shall reside in each of the substate regions established pursuant to section 39-104, Idaho Code. Members shall represent persons who are victims of domestic violence, care providers, law enforcement officials, medical and mental health personnel, counselors, and interested and concerned members of the general public.
History:
[39-5204, added 1982, ch. 181, sec. 1, p. 471; am. 2021, ch. 321, sec. 20, p. 965.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5205 - APPOINTMENT AND TERM OF OFFICE.

39-5205. APPOINTMENT AND TERM OF OFFICE. Each member of the council shall be appointed for a term of three (3) years, except that of the members first appointed; two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and three (3) shall be appointed for a term of three (3) years. If a vacancy occurs, a new member shall be appointed in accordance with the provisions of the original appointment for the unexpired portion of the vacated term. Members may be replaced because of poor attendance, lack of participation in the council’s work, or malfeasance in office.
History:
[39-5205, added 1982, ch. 181, sec. 1, p. 471.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5206 - COMPENSATION AND EXPENSES.

39-5206. COMPENSATION AND EXPENSES. Members of the council shall be entitled to receive actual and necessary expenses plus compensation as provided in section 59-509(g), Idaho Code.
History:
[39-5206, added 1982, ch. 181, sec. 1, p. 471.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5207 - ORGANIZATION OF COUNCIL — EMPLOYMENT OF NECESSARY PERSONNEL.

39-5207. ORGANIZATION OF COUNCIL — EMPLOYMENT OF NECESSARY PERSONNEL. (1) The council shall annually designate one (1) of its members to serve as chairman and one (1) member to serve as vice chairman, who shall act as chairman in the chairman’s absence. The chairman shall call meetings as provided in the rules of the council.
(2) The council shall adopt and amend rules governing its proceedings, activities and organization including, but not limited to, provisions governing a quorum, procedure, frequency and location of meetings, and establishment, functions and membership of council committees.
(3) The council may employ and shall fix the compensation, subject to provisions of chapter 53, title 67, Idaho Code, of such personnel as may be necessary including, but not limited to, an administrator, who shall be designated as the executive director of the council and who shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
History:
[39-5207, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 4, p. 1162.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5208 - RESPONSIBILITIES AND DUTIES.

39-5208. RESPONSIBILITIES AND DUTIES. The council shall:
(1) Establish standards for projects applying for grants from the council under this chapter;
(2) Disseminate information on availability of funds and the application process;
(3) Receive grant applications for the development and establishment of projects for victims of domestic violence and certain other crimes;
(4) Distribute funds after approval of projects meeting council standards;
(5) Assess, review and monitor the services and programs being provided for victims of domestic violence and other crimes under this chapter;
(6) Monitor programs and services for victims of domestic violence and other crimes to assure nonduplication of services and to encourage efficient and coordinated use of resources in the provision of services;
(7) Compile data on the services and programs provided to victims of domestic violence and other crimes and the geographic incidence of domestic violence and other crimes in this state; and
(8) Submit annual reports to the governor and the legislature.
History:
[39-5208, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 5, p. 1163.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5209 - RULES.

39-5209. RULES. The council shall promulgate, adopt and amend rules and criteria to implement the provisions of this chapter regarding applications and grants for domestic violence project funding and for funding under any other grant program administered by the council. Such promulgation, adoption and amendment shall be in compliance with the provisions of chapter 52, title 67, Idaho Code.
History:
[39-5209, added 1982, ch. 181, sec. 1, p. 472; am. 2000, ch. 343, sec. 6, p. 1163.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5210 - ELIGIBLE PROJECTS.

39-5210. ELIGIBLE PROJECTS. To be eligible for domestic violence grants pursuant to this chapter, a project must provide a safe house or refuge and a crisis line, except in the case of a project providing services to batterers. No funds may be granted to batterer programs from the domestic violence project account which are derived from marriage license or divorce fees. Other services which may be provided include, but are not limited to:
(1) Counseling;
(2) Educational services for community awareness, for prevention of domestic violence and for the care, treatment and rehabilitation of parties to domestic violence;
(3) Support groups;
(4) Assistance in obtaining legal, medical, psychological or vocational services.
History:
[39-5210, added 1982, ch. 181, sec. 1, p. 472; am. 1990, ch. 243, sec. 1, p. 695; am. 1992, ch. 51, sec. 1, p. 156; am. 2000, ch. 343, sec. 7, p. 1164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5211 - QUALIFICATIONS OF APPLICANTS.

39-5211. QUALIFICATIONS OF APPLICANTS. To qualify for domestic violence grants under the provisions of this chapter, an applicant must:
(1) Propose to operate and provide an eligible project;
(2) Be a private, nonprofit corporation of the state of Idaho, or a public entity of the state of Idaho;
(3) Provide matching moneys equal to twenty-five percent (25%) of the amount of the grant. The applicant may contribute to or provide the required local matching funds. The value of in-kind contributions and volunteer labor from the community may be computed and included as part of the local matching requirement;
(4) Require persons employed by or volunteering services to the project to maintain the confidentiality of any information that would identify individuals served by the project; such information identifying individuals served by the project shall be subject to disclosure according to chapter 1, title 74, Idaho Code;
(5) Require victims to reimburse the project monetarily or through volunteer efforts for services provided as they are able to do so. Minimum reimbursement may be established by the council, with a sliding scale of reimbursement based on the victim’s ability to pay;
(6) Provide a policy of nondiscrimination in its admissions and provision of services on the basis of race, religion, gender, color, age, marital status, national origin or ancestry.
History:
[39-5211, added 1982, ch. 181, sec. 1, p. 472; am. 1990, ch. 213, sec. 45, p. 518; am. 2000, ch. 343, sec. 8, p. 1164; am. 2015, ch. 141, sec. 94, p. 447.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5212 - DOMESTIC VIOLENCE PROJECT ACCOUNT.

39-5212. DOMESTIC VIOLENCE PROJECT ACCOUNT. There is hereby created in the state operating fund the domestic violence project account. Moneys received from the fees imposed by section 39-5213, Idaho Code, and section 39-6312, Idaho Code, shall be credited to the account and shall be perpetually appropriated to the council on domestic violence and victim assistance for grants for domestic violence projects and to meet the costs of maintaining the operation of the council.
Eligible projects shall be given priority by the council based upon an allocation of funds to projects in the seven (7) substate regions established pursuant to section 39-104, Idaho Code, in the proportion that marriage licenses are filed in each region.
History:
[39-5212, added 1982, ch. 181, sec. 1, p. 473; am. 1990, ch. 243, sec. 2, p. 695; am. 2000, ch. 343, sec. 9, p. 1164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 52 - DOMESTIC VIOLENCE PROJECT GRANTS › Section 39-5213 - FEE IMPOSED.

39-5213. FEE IMPOSED. (1) In addition to the fee due to the county recorder of each county of this state under the provisions of section 31-3205, Idaho Code, for the issuance of a marriage license, the recorder shall collect upon presentation of proper identification by the applicants an additional fee of fifteen dollars ($15.00) for each license issued, which additional fee shall be remitted to the state treasurer for credit to the "domestic violence project account" created in section 39-5212, Idaho Code.
(2) In addition to any other fee imposed for filing an action for divorce in the district court, there shall be collected a fee of twenty dollars ($20.00) for each divorce action, separately identified, which additional fee shall be remitted to the state treasurer for credit to the domestic violence project account created in section 39-5212, Idaho Code.
History:
[39-5213, added 1982, ch. 181, sec. 1, p. 473; am. 1990, ch. 244, sec. 1, p. 696.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5301 - SHORT TITLE.

39-5301. SHORT TITLE. This chapter shall be known and may be cited as the "Adult Abuse, Neglect and Exploitation Act."
History:
[(39-5301) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 2, p. 847.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5301A - DECLARATION OF POLICY.

39-5301A. DECLARATION OF POLICY. (1) It is the intent of the adult abuse, neglect, and exploitation act to authorize the fewest possible restrictions on the exercise of personal freedom and religious beliefs consistent with a vulnerable adult’s need for services and to empower vulnerable adults to protect themselves.
(2) The legislature recognizes that vulnerable adults sometimes experience difficulties managing their own affairs or are unable to protect themselves from maltreatment. Often, vulnerable adults cannot find others who are able or willing to provide assistance.
(3) The commission is directed to investigate allegations of vulnerable adult maltreatment, to make appropriate referrals to law enforcement, and to arrange for the provision of necessary services. Further, the commission shall honor a vulnerable adult’s freedom of choice and right to self-determination. When it becomes necessary for the commission to assist a vulnerable adult, actions shall be tempered by the requirements of due process and must place the fewest possible restrictions on personal freedom. Services provided under this chapter are also intended to provide assistance to a caregiver to help maintain a vulnerable adult in the household.
(4) In the process of carrying out its adult protective services responsibilities, the commission is directed to make effective use of multidisciplinary services available through any and all public agencies, community-based organizations, and informal resources.
History:
[39-5301A, added 1998, ch. 308, sec. 2, p. 1020; am. 2019, ch. 43, sec. 1, p. 116; am. 2023, ch. 158, sec. 1, p. 426.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5303 - DUTY TO REPORT CASES OF VULNERABLE ADULT MALTREATMENT.

39-5303. DUTY TO REPORT CASES OF VULNERABLE ADULT MALTREATMENT. (1) Licensed medical professionals, emergency services personnel, facility employees, skilled nursing facility employees, employees of an entity responsible for providing care to a vulnerable adult, medical examiners, social workers, or law enforcement personnel who have reasonable cause to believe that a vulnerable adult is being or has been maltreated shall report such information to the commission’s designated APS provider as expeditiously as possible but within twenty-four (24) hours of acquiring the information that forms the basis of such reasonable cause. When there is reasonable cause to believe that maltreatment has resulted in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult, any person required to report under this section shall also report such information as expeditiously as possible to the appropriate law enforcement agency but within four (4) hours of acquiring the information that forms the basis of such reasonable cause. Ombudsmen recognized by the commission are exempt from reporting maltreatment that is discovered in the course of their duties.
(2) Failure to report as provided under this section is a misdemeanor subject to punishment as provided in section 18-113, Idaho Code.
(3) Any person, including any officer or employee of a financial institution, who has reasonable cause to believe that a vulnerable adult is being abused, neglected, or exploited may report such information to the commission or its providers.
History:
[(39-5303) 1982, ch. 286, sec. 2, p. 734; am. and redesig. 1990, ch. 213, sec. 46, p. 518; am. 1991, ch. 329, sec. 4, p. 849; am. 1996, ch. 78, sec. 2, p. 248; am. 1998, ch. 308, sec. 4, p. 1021; am. 1998, ch. 396, sec. 1, p. 1240; am. 2000, ch. 274, sec. 119, p. 856; am. 2018, ch. 56, sec. 1, p. 141; am. 2019, ch. 43, sec. 3, p. 117; am. 2023, ch. 158, sec. 3, p. 429.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5303A - LIMITED EXEMPTION FROM DUTY TO REPORT FOR FACILITIES AND SKILLED NURSING FACILITIES.

39-5303A. LIMITED EXEMPTION FROM DUTY TO REPORT FOR FACILITIES AND SKILLED NURSING FACILITIES. (1) The requirements set forth in section 39-5303, Idaho Code, pertaining to the reporting of vulnerable adult maltreatment to the commission or the department shall not apply to situations involving resident-to-resident contact within facilities or skilled nursing facilities that serve vulnerable adults, except in those cases involving sexual abuse, death, or serious physical injury that jeopardizes the life, health, or safety of a vulnerable adult or repeated resident-to-resident physical or verbal altercations, not resulting in observable physical or mental injury, but constituting an ongoing pattern of resident behavior that a facility’s staff are unable to remedy through reasonable efforts.
(2) This exemption applies only to reports involving resident-to-resident abuse that are to be directed to the commission or the department pursuant to section 39-5303, Idaho Code. This exemption shall not limit any other reporting obligation or requirement whether statutory or otherwise.
History:
[39-5303A, added 2000, ch. 104, sec. 1, p. 232; am. 2023, ch. 158, sec. 4, p. 431.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5304 - REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS.

39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1) When a report is made by an individual or required pursuant to this chapter, such report shall be made to the commission or appropriate provider. If known, the report shall contain:
(a) The name and address of the vulnerable adult, the caregiver, and the alleged perpetrator;
(b) The nature and extent of the suspected maltreatment; and
(c) Any other information that will be of assistance in the investigation.
(2) The timing of the initiation of APS investigations shall be determined based on factors provided in the APS report. Such factors may include but are not limited to the potential for immediate danger or harm to an individual, the current location of the alleged vulnerable adult, and the nature of the allegations.
(3) The APS investigation shall include a determination of the nature, extent, and cause of the maltreatment, examination of evidence and consultation with persons thought to have knowledge of the circumstances, and identification, if possible, of the person alleged to be responsible for the maltreatment of the vulnerable adult.
(4) The commission or APS provider may determine that an interview with the vulnerable adult is not necessary to the investigation or not possible. If the commission or APS provider determines that an interview is necessary, the preferred method of interviewing is a personal visit with the vulnerable adult in the adult’s dwelling. Alternatively, the interview may occur in the local office of the commission or APS provider, or by telephone conversation, or by any other means available to the commission or APS provider. Decisions regarding the method of conducting any interview will be within the discretion of the commission or APS provider.
(5) Upon completion of an APS investigation, the commission or APS provider shall prepare a final report of the investigation. If the vulnerable adult maltreatment is substantiated, the final report will be made to law enforcement pursuant to section 39-5310, Idaho Code. If the vulnerable adult maltreatment is substantiated to have occurred in a state-certified or state-licensed facility, a copy of the findings shall be sent to the licensing and certification office of the department. All records pertaining to APS investigations are held confidential in accordance with section 39-5307, Idaho Code, and federal law.
History:
[39-5304, added 1991, ch. 329, sec. 5, p. 850; am. 1996, ch. 78, sec. 3, p. 248; am. 1998, ch. 308, sec. 5, p. 1022; am. 2000, ch. 104, sec. 2, p. 232; am. 2000, ch. 274, sec. 120, p. 857; am. 2001, ch. 79, sec. 1, p. 199; am. 2019, ch. 43, sec. 4, p. 119; am. 2023, ch. 158, sec. 5, p. 431.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5305 - INSPECTIONS — RIGHT OF ENTRY.

39-5305. INSPECTIONS — RIGHT OF ENTRY. (1) Upon receiving information that a vulnerable adult is alleged to be maltreated, the commission or provider shall cause such investigation to be made in accordance with the provisions of this chapter as is appropriate. In making the investigation, the commission or provider shall use its own resources and may enlist the cooperation of peace officers. In an emergency, any authorized commission employee or provider shall enlist the cooperation of a peace officer to ensure the safety of the vulnerable adult and shall receive the peace officer’s assistance. Assistance in an emergency may include entry on private or public property where a vulnerable adult is allegedly subject to abuse, neglect or exploitation, and the removal and transportation of the vulnerable adult to a medical facility, care-providing facility, or other appropriate and safe environment.
(2) In a nonemergency, any peace officer may cooperate with an authorized commission employee or provider in ensuring the safety of a vulnerable adult who has been abused, neglected or exploited, including a vulnerable adult living in a condition of self-neglect. Assistance shall be provided only with the consent of the vulnerable adult or his legal representative.
(3) For the purposes of implementing or enforcing any provision of this chapter or any rule authorized under the provisions of this chapter, any duly authorized commission employee or provider may, upon presentation of appropriate credentials at any reasonable time, with consent or in an emergency, enter upon any private or public property where a vulnerable adult allegedly is subject to maltreatment.
(4) All inspections and searches conducted under the provisions of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of Idaho. The state shall not, under the authority granted in this chapter, conduct warrantless administrative searches of private property except with consent, or in an emergency.
(5) If consent to entry is not given, a commission employee or provider with the assistance of the county prosecutor may obtain, and any magistrate or district judge is authorized to issue, a search warrant upon showing that probable cause exists to believe a vulnerable adult is subject to maltreatment. Upon request of a commission employee or provider, a peace officer shall serve the search warrant.
History:
[39-5305, added 1991, ch. 329, sec. 6, p. 851; am. 1996, ch. 78, sec. 4, p. 249; am. 1998, ch. 308, sec. 6, p. 1023; am. 2019, ch. 43, sec. 5, p. 119; am. 2023, ch. 158, sec. 6, p. 432.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5306 - SERVICES.

39-5306. SERVICES. (1) If there is substantiated maltreatment of a vulnerable adult, the commission or provider has the responsibility to assist the adult in obtaining available services.
(2) If the commission or provider develops a protective action plan of supportive services for the vulnerable adult, the plan shall provide for appropriate supportive services available to the vulnerable adult that are least restrictive to personal freedom and shall provide encouragement for client self-determination and continuity of care.
(3) If the vulnerable adult does not consent to the receipt of reasonable and necessary supportive services, or if the vulnerable adult withdraws consent, services shall not be provided or continued.
(4) If a report is unsubstantiated, the commission or provider may assist the vulnerable adult or the vulnerable adult’s caregiver with prevention services.
History:
[(39-5306) 1982, ch. 286, sec. 2, p. 734; am. and redesig. 1991, ch. 329, sec. 8, p. 852; am. 1996, ch. 78, sec. 5, p. 250; am. 1998, ch. 308, sec. 7, p. 1024; am. 2019, ch. 43, sec. 6, p. 120; am. 2023, ch. 158, sec. 7, p. 433.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5307 - ACCESS TO RECORDS.

39-5307. ACCESS TO RECORDS. Any person, department, agency, or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and section 39-5310, Idaho Code. Other persons and entities shall be granted such access only with the written consent of the vulnerable adult or his legal representative, or pursuant to other proper judicial process or federal law.
History:
[(39-5307) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1990, ch. 213, sec. 47, p. 519; am. and redesignated 1991, ch. 329, sec. 9, p. 852; am. 2015, ch. 141, sec. 95, p. 448; am. 2023, ch. 158, sec. 8, p. 434.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5308 - INTERAGENCY COOPERATION.

39-5308. INTERAGENCY COOPERATION. (1) In performing the duties set forth in this chapter, the commission or provider may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions, and local health directors and may utilize any other public or private agencies, groups, or individuals who are appropriate and who may be available. Interagency cooperation shall include the involvement, when appropriate, of law enforcement personnel, department personnel, medical personnel, and any other person or entity deemed necessary due to specialized training in providing services to vulnerable adults. Interagency cooperation may also include access to client information necessary for the provision of services to vulnerable adults.
(2) The commission shall provide to the department on at least a quarterly basis a listing of all alleged perpetrators associated with substantiated allegations of vulnerable adult maltreatment.
(3) The department shall provide to the commission or provider any report of vulnerable adult maltreatment received under this chapter from a skilled nursing facility.
(4) The commission or provider shall provide the department with any report received under this chapter involving allegations of maltreatment occurring in a skilled nursing facility.
(5) The commission, providers, and the department shall conduct a joint investigation and share client and facility information when necessary.
History:
[(39-5308) 1982, ch. 286, sec. 2, p. 737; am. and redesig. 1991, ch. 329, sec. 10, p. 853; am. 1996, ch. 78, sec. 6, p. 251; am. 1998, ch. 308, sec. 8, p. 1024; am. 2000, ch. 274, sec. 121, p. 858; am. 2019, ch. 43, sec. 7, p. 121; am. 2023, ch. 158, sec. 9, p. 434.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5309 - DEPARTMENT AUTHORITY OVER CERTAIN FACILITIES — IMMUNITY — EXCEPTIONS — REPORTS MADE IN BAD FAITH.

39-5309. DEPARTMENT AUTHORITY OVER CERTAIN FACILITIES — IMMUNITY — EXCEPTIONS — REPORTS MADE IN BAD FAITH. (1) Skilled nursing facilities and employees of such facilities shall make reports required under this chapter to the department. If an employee at a state-licensed or state-certified residential facility fails to report maltreatment resulting in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult as provided under this section, then the department shall have the authority over the facility to:
(a) Revoke its license or contract with the state to provide services;
(b) Deny payment;
(c) Assess and collect a civil monetary penalty with interest from the facility owner or facility administrator;
(d) Appoint temporary management;
(e) Close the facility or transfer residents to another certified facility;
(f) Direct a plan of correction;
(g) Ban admission of persons with certain diagnoses or requiring specialized care;
(h) Ban all admissions;
(i) Assign monitors; or
(j) Reduce the licensed bed capacity.
(2) Any action taken by the department pursuant to subsection (1) of this section shall be appealable as provided in chapter 52, title 67, Idaho Code.
(3) Any person who makes a report pursuant to this chapter, testifies in an administrative or a judicial proceeding arising from such a report, or is authorized to provide supportive services pursuant to the provisions of this chapter shall be immune from any civil or criminal liability on account of such report, testimony, or services being provided in good faith, except that such immunity shall not extend to:
(a) Perjury;
(b) Reports made in bad faith or with malicious purpose; or
(c) In the provision of services, gross negligence under the existing circumstances.
(4) Any person who makes a report or allegation in bad faith, with malice, or knowing it to be false shall be liable to the party against whom the report was made for the amount of actual damages sustained or statutory damages in the amount of five hundred dollars ($500), whichever is greater, as well as for attorney’s fees and costs. If a court finds that a defendant acted with malice or oppression, then the court may award treble actual damages or treble statutory damages, whichever is greater.
History:
[39-5309, added 2023, ch. 158, sec. 11, p. 434.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5310 - REPORT TO LAW ENFORCEMENT — PROSECUTION.

39-5310. REPORT TO LAW ENFORCEMENT — PROSECUTION. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the maltreatment has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall immediately notify the appropriate law enforcement agency, which shall initiate an investigation and shall determine whether criminal proceedings should be initiated against the caregiver or other persons in accordance with applicable state law. Notwithstanding the prohibition against disclosure of names of persons associated with the written report of an investigation as provided in section 39-5304, Idaho Code, the commission shall disclose names associated with the written report when notification is made as required in this section.
(2) The abuse, neglect, or exploitation of a vulnerable adult is a crime under section 18-1505, Idaho Code, and is subject to punishments provided in that section and other applicable state law.
(3) If at any time an APS provider has reasonable belief that maltreatment has caused serious injury or imposition on the rights of a vulnerable adult, the provider shall notify law enforcement within twenty-four (24) hours of obtaining the information on which the reasonable belief is based.
History:
[39-5310, added 1991, ch. 329, sec. 13, p. 853; am. 1996, ch. 78, sec. 8, p. 251; am. 1998, ch. 308, sec. 10, p. 1025; am. 2001, ch. 79, sec. 2, p. 200; am. 2005, ch. 166, sec. 3, p. 508; am. 2023, ch. 158, sec. 12, p. 435.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5311 - EFFECT OF ACTIONS TAKEN PURSUANT TO THE NATURAL DEATH ACT.

39-5311. EFFECT OF ACTIONS TAKEN PURSUANT TO THE NATURAL DEATH ACT. Any action taken by a physician or health facility pursuant to an agreement with a vulnerable adult in accordance with the provisions of chapter 45, title 39, Idaho Code, shall not be construed to constitute abuse, exploitation, or neglect, so long as it is consistent with the withholding or withdrawal of artificial life-sustaining procedures from a qualified patient.
History:
[(39-5311) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 14, p. 853.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 53 - ADULT ABUSE, NEGLECT AND EXPLOITATION ACT › Section 39-5312 - RULES.

39-5312. RULES. The director of the commission shall have the authority to adopt, promulgate and enforce such rules as he deems necessary in carrying out the provisions of this chapter, subject to the provisions of chapter 52, title 67, Idaho Code.
History:
[(39-5312) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 15, p. 854; am. 1996, ch. 78, sec. 9, p. 251.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5401 - DEFINITIONS.

39-5401. DEFINITIONS. As used in this act:
(1) "Artificial insemination" means introduction of semen of a donor as defined herein, into a woman’s vagina, cervical canal or uterus through the use of instruments or other artificial means.
(2) "Donor" refers to a man who is not the husband of the woman upon whom the artificial insemination is performed.
History:
[39-5401, added 1982, ch. 349, sec. 1, p. 864.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5402 - PERFORMED ONLY BY PHYSICIAN.

39-5402. PERFORMED ONLY BY PHYSICIAN. Only physicians licensed under chapter 18, title 54, Idaho Code, and persons under their supervision may select artificial insemination donors and perform artificial insemination.
History:
[39-5402, added 1982, ch. 349, sec. 2, p. 864.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5403 - CONSENT — NOTICE REQUIREMENTS.

39-5403. CONSENT — NOTICE REQUIREMENTS. (1) Artificial insemination shall not be performed upon a woman without her prior written request and consent and the prior written request and consent of her husband.
(2) If the physician who performs the artificial insemination does not deliver the child conceived as a result of the artificial insemination, it is the duty of the mother and her husband to give that physician notice of the child’s birth.
History:
[39-5403, added 1982, ch. 349, sec. 3, p. 864; am. 1990, ch. 213, sec. 48, p. 519; am. 2015, ch. 141, sec. 96, p. 448; am. 2021, ch. 33, sec. 1, p. 74.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5404 - RESTRICTIONS ON SEMEN DONATIONS.

39-5404. RESTRICTIONS ON SEMEN DONATIONS. No semen shall be donated for use in artificial insemination by any person who:
(1) Has any disease or defect known by him to be transmissible by genes; or
(2) Knows or has reason to know he has a venereal disease.
History:
[39-5404, added 1982, ch. 349, sec. 4, p. 865.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5405 - RIGHTS OF DONOR, CHILD, HUSBAND.

39-5405. RIGHTS OF DONOR, CHILD, HUSBAND. (1) The donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination.
(2) A child born as a result of the artificial insemination shall have no right, obligation or interest with respect to such donor.
(3) The relationship, rights and obligation between a child born as a result of artificial insemination and the mother’s husband shall be the same for all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mother’s husband, if the husband consented to the performance of artificial insemination.
History:
[39-5405, added 1982, ch. 349, sec. 5, p. 865.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5406 - APPLICATION OF ACT.

39-5406. APPLICATION OF ACT. Except as may be otherwise provided by a judicial decree entered in any action filed before the effective date of this act, the provisions of this act apply to all persons conceived as a result of artificial insemination as defined herein.
History:
[39-5406, added 1982, ch. 349, sec. 6, p. 865.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5407 - PENALTY.

39-5407. PENALTY. A person who violates the provisions of sections 2 [39-5402], 3 [39-5403] or 4 [39-5404] of this act is guilty of a misdemeanor.
History:
[39-5407, added 1982, ch. 349, sec. 7, p. 865.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 54 - ARTIFICIAL INSEMINATION › Section 39-5408 - HTLV-III ANTIBODY.

39-5408. HTLV-III ANTIBODY. Every hospital, bank or other storage facility where a person has donated semen shall use all reasonable means to detect if the donor has an antibody to HTLV-III in his blood. In the event that an antibody to HTLV-III is detected, such semen shall not be used for any purposes of artificial insemination.
As used in this section, "HTLV-III" means the human T-cell lymphotropic virus type III that causes acquired immunodeficiency syndrome.
History:
[39-5408, added 1986, ch. 111, sec. 1, p. 304.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5501 - LEGISLATIVE FINDINGS AND INTENT.

39-5501. LEGISLATIVE FINDINGS AND INTENT. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infections, middle ear infections, and sudden infant death syndrome. In addition, public health officials have concluded that secondhand smoke can exacerbate adult asthma and allergies and cause eye, throat and nasal irritation. The conclusions of public health officials concerning secondhand tobacco smoke are sufficient to warrant measures that regulate smoking in public places in order to protect the public health and the health of employees who work at public places.
(2) The intent of this chapter is to protect the public health, comfort and environment, the health of employees who work at public places and the rights of nonsmokers to breathe clean air by prohibiting smoking in public places and at public meetings.
History:
[39-5501, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 1, p. 1166.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5503 - PROHIBITIONS — EXCEPTIONS.

39-5503. PROHIBITIONS — EXCEPTIONS. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety:
(a) Bars;
(b) Retail businesses primarily engaged in the sale of tobacco or tobacco products;
(c) Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or any facility that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function;
(d) Guest rooms in hotels, motels, bed and breakfast lodging facilities, and other similar lodging facilities, designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking may be permitted;
(e) Theatrical production sites, if smoking is an integral part of the story in the theatrical production;
(f) Areas of owner-operated businesses, with no employees other than the owner-operators, that are not commonly open to the public;
(g) Any office or business, other than child care facilities, located within the proprietor’s private home when all such offices and/or businesses occupy less than fifty percent (50%) of the total area within the private home;
(h) Idaho state veterans homes, established pursuant to section 66-901, Idaho Code, that permit smoking in designated areas, provided that physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas; and
(i) A designated employee breakroom established by a small business owner employing five (5) or fewer employees, provided that all of the following conditions are met:
(i) The breakroom is not accessible to minors;
(ii) The breakroom is separated from other parts of the building by a floor to ceiling partition;
(iii) The breakroom is not the sole means of entrance or exit to the establishment or its restrooms and is located in an area where no employee is required to enter as part of the employee’s work responsibilities. For purposes of this paragraph, the term "work responsibilities" does not include custodial or maintenance work performed in a breakroom when it is unoccupied; and
(iv) "Warning: Smoking Permitted" signs are prominently posted in the smoking breakroom and properly maintained by the employer. The letters on such signs shall be at least one (1) inch in height.
(2) This section shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers.
(3) Nothing in this section shall prohibit an employer from prohibiting smoking in an enclosed place of employment.
History:
[39-5503, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 3, p. 1168; am. 2005, ch. 96, sec. 1, p. 315; am. 2007, ch. 272, sec. 1, p. 799.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5505 - SMOKING IN ELEVATORS PROHIBITED.

39-5505. SMOKING IN ELEVATORS PROHIBITED. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicuously posted in each elevator and at each entrance to an elevator car or bank of elevators.
History:
[39-5505, added 1985, ch. 60, sec. 1, p. 121.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5506 - RESPONSIBILITIES OF EMPLOYERS.

39-5506. RESPONSIBILITIES OF EMPLOYERS. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter.
(2) Any employer or other person in charge of a public place or publicly-owned building or office who knowingly violates the provisions of this section is guilty of an infraction and is subject to a fine not to exceed one hundred dollars ($100).
(3) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department of health and welfare or the department of labor pursuant to this section shall be subject to a civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation.
History:
[39-5506, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 5, p. 1169.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5507 - VIOLATIONS.

39-5507. VIOLATIONS. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violating this chapter, the employer, person in charge, agent or employee shall ask the person to leave the premises. Any person who refuses to either extinguish all lighted tobacco products or leave the premises is guilty of an infraction and is subject to a fine of seventeen dollars and fifty cents ($17.50). Any violation may be reported to a law enforcement officer.
History:
[39-5507, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 6, p. 1169; am. 2015, ch. 198, sec. 3, p. 608.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5508 - RULES AND REGULATIONS.

39-5508. RULES AND REGULATIONS. The director of the Idaho department of health and welfare shall adopt rules and regulations necessary, reasonable and consistent with the intent of this chapter to implement the provisions of this chapter. The director may, upon request, waive the provisions of said rules and regulations if it is determined that there are compelling reasons to do so and a waiver will not significantly affect the health and comfort of nonsmokers.
History:
[39-5508, added 1985, ch. 60, sec. 1, p. 121.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5509 - OTHER STATUTES NOT AFFECTED.

39-5509. OTHER STATUTES NOT AFFECTED. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904, 18-5905 and 18-5906, Idaho Code, relating to no smoking during public meetings.
History:
[39-5509, added 1985, ch. 60, sec. 1, p. 121.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5510 - SMOKING ON BUSES.

39-5510. SMOKING ON BUSES. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and shall be punished as provided in section 39-5507, Idaho Code. (2) As used in this section:
(a) "Bus" means any passenger bus or coach or other motor vehicle having a seating capacity of fifteen (15) or more passengers operated by a bus company for the purpose of carrying passengers or cargo for hire.
(b) "Bus company" means any person, group of persons, association, partnership, corporation or other recognized legal entity providing for-hire transportation to passengers or cargo by bus upon the highways in the state, including passengers and cargo in interstate or intrastate travel. These terms also include cities, counties, districts, public corporations, boards and commissions established under the laws of this state providing transportation to passengers or cargo by bus upon the highways in the state, whether or not for hire.
(c) "Charter" means a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge in accordance with a bus company’s tariff, which has acquired the exclusive use of a bus to travel together to a specified destination or destinations, or special excursions to one (1) specific destination.
History:
[39-5510, added 1987, ch. 183, sec. 1, p. 362.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 55 - CLEAN INDOOR AIR › Section 39-5511 - LOCAL PROVISIONS.

39-5511. LOCAL PROVISIONS. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein.
History:
[39-5511, added 2004, ch. 389, sec. 7, p. 1170.]