reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1392b - RECORDS CONFIDENTIAL AND PRIVILEGED.

39-1392b. RECORDS CONFIDENTIAL AND PRIVILEGED. Except as provided in section 39-1392e, Idaho Code, all peer review records shall be confidential and privileged, and shall not be directly or indirectly subject to subpoena or discovery proceedings or be admitted as evidence, nor shall testimony relating thereto be admitted in evidence, or in any action of any kind in any court or before any administrative body, agency or person for any purpose whatsoever. No order of censure, suspension or revocation of licensure, or of a certification in the case of emergency medical services personnel, or health care organization privilege of any physician licensed to practice medicine in Idaho shall be admissible in any civil proceeding seeking damages or other civil relief against the physician, emergency medical services personnel, or health care organization which may be a defendant in said cause. However, this section shall not prohibit or otherwise affect the use of documents, materials or testimony in health care organization proceedings, nor shall it prohibit or otherwise affect the dissemination, for medical purposes, of information contained in such documents or materials or the conclusions and findings of such health care organization. This section shall not affect the admissibility in evidence in any action or proceeding of the patient care records of any patient.
History:
[39-1392b, added 1973, ch. 265, sec. 3, p. 545; am. 1997, ch. 171, sec. 3, p. 487; am. 2003, ch. 244, sec. 2, p. 630; am. 2004, ch. 134, sec. 2, p. 456.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1392c - IMMUNITY FROM CIVIL LIABILITY.

39-1392c. IMMUNITY FROM CIVIL LIABILITY. The furnishing of information or provision of opinions to any health care organization or the receiving and use of such information and opinions shall not subject any health care organization or other person to any liability or action for money damages or other legal or equitable relief. Custodians of such records and persons becoming aware of such data and opinions shall not disclose the same except as authorized by rules adopted by the board of medicine or as otherwise authorized by law. Any health care organization may receive such disclosures, subject to an obligation to preserve the confidential privileged character thereof and subject further to the requirement that such requests shall be made and such use shall be limited to aid the health care organization in conducting peer review.
History:
[39-1392c, added 1973, ch. 265, sec. 4, p. 545; am. 1997, ch. 171, sec. 4, p. 487; am. 2003, ch. 244, sec. 3, p. 631.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1392d - PROPERTY OF HEALTH CARE ORGANIZATION.

39-1392d. PROPERTY OF HEALTH CARE ORGANIZATION. All peer review records of a health care organization shall be the property of the health care organization concerned which obtains or compiles the same. A health care organization may provide peer review records to persons or entities that perform accreditation, certification or quality assurance review or evaluation of the health care organization. The provision of any peer review records to such persons or entities shall not be deemed to be a waiver by the health care organization of any peer review privilege. Persons and entities receiving peer review records shall preserve the confidential privileged character thereof and such persons and entities shall not be subject to subpoena or order compelling production of peer review records. Nothing in this section shall be deemed to require the health care organization to provide persons or entities with peer review records. A health care organization may provide peer review records to persons or entities with whom the health care organization is affiliated through any common ownership interest or by contract, which affiliation or contract includes the person’s or entity’s involvement in the peer review process or the provision of any management or administrative services to the health care organization. The provision of peer review records to such persons or entities shall not be deemed to be a waiver by the health care organization of any peer review privilege. Such persons and entities receiving peer review records shall preserve the confidential privileged character thereof, and such persons and entities shall not be subject to any subpoena or order compelling production of peer review records. Nothing in this section shall be deemed to require the health care organization to provide such persons or entities with peer review records. This section shall in no way impair the rights of individuals conducting such research or studies in the exercise of any right or the discharge of any legitimate responsibility which they may have in connection with such research or studies and the results thereof. Nothing in this act shall be construed as restricting or altering the rights of inspection and copying by patients and their duly authorized representatives with respect to such patients’ official patient care records, which right of copying and inspection and use of patient care records and their contents in appropriate judicial proceedings is unaltered by this enactment.
History:
[39-1392d, added 1973, ch. 265, sec. 5, p. 545; am. 1997, ch. 171, sec. 5, p. 488; am. 2003, ch. 244, sec. 4, p. 631.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1392f - PEER REVIEW.

39-1392f. PEER REVIEW. Every hospital subject to this act shall cause the hospital’s medical staff to organize in-hospital medical staff committees which shall have the responsibility of reviewing the professional practices of members of the hospital’s medical staff for the purpose of reducing morbidity and mortality, and for the improvement of the care of patients in the hospital. This review shall include, but not be limited to, the quality and necessity of care provided to patients.
History:
[39-1392f, added 1986, ch. 95, sec. 1, p. 273.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1392g - MEDICAL STAFF MEMBERSHIP AND PRIVILEGES.

39-1392g. MEDICAL STAFF MEMBERSHIP AND PRIVILEGES. (1) Except as specifically provided in subsection (2) of this section, nothing in this section shall in any way change the authority of the governing body of any health care organization to make such rules, regulations, standards or qualifications for medical staff membership as it, in its discretion, may deem necessary or advisable, or to grant or refuse membership on a medical staff.
(2) An applicant for medical staff membership or privileges in a health care organization that has an organized medical staff, an applicant for reappointment to the medical staff of such health care organization, or a current member of the medical staff of such health care organization shall not be denied medical staff membership or privileges, nor shall membership or privileges be withdrawn, revoked, suspended or limited by such health care organization for the reason that:
(a) The applicant or current member of the medical staff holds an ownership interest in one (1) or more competing health care organizations;
(b) The applicant or current member of the medical staff is affiliated with one (1) or more competing health care organizations; or
(c) The applicant or current member of the medical staff is a competitor of one (1) or more members of the medical staff.
(3) Nothing in this section shall require a health care organization to grant privileges to an applicant for services that are subject to an exclusive contract or not offered in that facility.
(4) Nothing in this section shall be interpreted as changing the privilege, confidentiality, discoverability and admissibility of the information and records granted in section 39-1392b, Idaho Code.
History:
[39-1392g, added 2012, ch. 167, sec. 1, p. 447.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1394 - PATIENT CARE RECORDS — RETENTION — AUTHENTICATION.

39-1394. PATIENT CARE RECORDS — RETENTION — AUTHENTICATION. (1) Retention.
(a) Hospital records relating to the care and treatment of a patient may be preserved in microfilm, other photographically reproduced form or electronic medium. Such reproduced and preserved copies shall be deemed originals for purposes of section 9-420, Idaho Code.
(b) Clinical laboratory test records and reports may be destroyed five (5) years after the date of the test recorded or reported therein, pursuant to paragraph (d) of this subsection.
(c) X-ray films may be destroyed five (5) years after the date of exposure, or five (5) years after the patient reaches the age of majority, whichever is later, pursuant to paragraph (d) of this subsection, if there are in the hospital record written findings of a physician who has read such x-ray films.
(d) At any time after the retention periods specified in paragraphs (b) and (c) of this subsection, the hospital may, without thereby incurring liability, destroy such records, by burning, shredding or other effective method in keeping with the confidential nature of their contents, provided, however, that destruction of such records must be in the ordinary course of business and no record shall be destroyed on an individual basis.
(e) For purposes of this section, the term "hospital" shall include all facilities defined as hospitals in chapter 13, title 39, Idaho Code.
(2) Authentication.
(a) Hospital records relating to orders for the care and treatment of a patient or for the administration of any drug or pharmaceutical must be authenticated to ensure accuracy and patient safety.
(b) All orders must be authenticated by the author of the order or another practitioner who is responsible for the care of the patient and who is authorized to write orders by hospital policy in accordance with state law.
(c) When telephone or oral orders must be used, they must be:
(i) Accepted only by personnel authorized to do so by medical staff policies and procedures, consistent with federal and state law; and
(ii) Authenticated in a timely manner as stipulated by hospital policy.
(d) Authentication may occur either manually, with the practitioner’s signature, or electronically by facsimile transmission signed by the practitioner or by means of a unique electronic code known only to the practitioner.
(e) Each hospital must have in place policies and mechanisms to assure timely authentication of all orders and to assure that only the author of an order or another practitioner who is responsible for the care of the patient and who is authorized to write orders by hospital policy in accordance with state law can authenticate the order.
History:
[39-1394, added 1977, ch. 102, sec. 1, p. 217; am. 2001, ch. 67, sec. 1, p. 125; am. 2013, ch. 114, sec. 1, p. 275.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1395 - PRACTICE OF PODIATRY — MEDICAL STAFF MEMBERSHIP.

39-1395. PRACTICE OF PODIATRY — MEDICAL STAFF MEMBERSHIP. Except as otherwise provided in this section, no provision or provisions of this section shall in any way change or modify the authority or power of the governing body of any hospital to make such rules, standards or qualifications for medical staff membership as they, in their discretion, may deem necessary or advisable, or to grant or refuse membership on a medical staff.
An applicant for medical staff membership may not be denied membership solely on the ground that the applicant holds a license to practice podiatry issued by the Idaho state board of podiatry. The criteria utilized for granting medical staff membership shall be reasonable and shall not discriminate against podiatry.
The process for considering applications for medical staff membership and privileges shall afford each applicant due process.
All applications for medical staff membership shall be acted upon within one hundred twenty (120) days from the date the required information is submitted.
The accordance and delineation of clinical privileges for podiatrists shall be determined on an individual basis and commensurate with the applicant’s education, training, experience and demonstrated competence. In implementing these procedures, each hospital shall formulate and apply reasonable standards that do not discriminate in the evaluation of an applicant’s credentials.
A member of the medical staff licensed pursuant to chapter 18, title 54, Idaho Code, shall have responsibility for the overall medical care of the patient while in the hospital. Arrangements for the services of a member of the medical staff licensed pursuant to chapter 18, title 54, Idaho Code, for the purposes of this section shall be the sole responsibility of the admitting podiatrist and not that of the hospital or any other member of the medical staff.
History:
[39-1395, added 1992, ch. 134, sec. 2, p. 423; am. 2004, ch. 133, sec. 1, p. 453.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 13 - HOSPITAL LICENSES AND INSPECTION › Section 39-1396 - AUTHORITY TO ADMIT PATIENTS.

39-1396. AUTHORITY TO ADMIT PATIENTS. (1) A hospital or facility may grant to physicians, physician assistants and advanced practice nurses the privilege to admit patients to such hospital or facility; provided however, that admitting privileges may be granted only if the privileges are:
(a) Recommended by the medical staff at the hospital or facility;
(b) Approved by the governing board of the hospital or facility; and
(c) Within the scope of practice conferred by the license of the physician, physician assistant or advanced practice nurse.
(2) A hospital or facility shall specify in its bylaws the process by which its governing body and medical staff oversee those practitioners granted admitting privileges. Such oversight shall include, but is not limited to, credentialing and competency review.
History:
[39-1396, added 2017, ch. 278, sec. 1, p. 728.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1401 - SHORT TITLE.

39-1401. SHORT TITLE. This act may be cited as the "Health Facilities Construction Act."
History:
[39-1401, added 1947, ch. 220, sec. 1, p. 526; am. 1965, ch. 123, sec. 1, p. 240.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1402 - DEFINITIONS.

39-1402. DEFINITIONS. As used in this act:
(a) "Agency" means the department of health and welfare;
(b) "Federal act" shall mean, when applicable, either (1) Public Law 725 of the 79th Congress, approved August 13, 1946, entitled the Hospital Survey and Construction Act and amendments thereto or (2) Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, Public Law 88-164, and amendments thereto or (3) Public Law 91-517 of the 91st Congress, and amendments thereto;
(c) "Surgeon general" means the surgeon general of the United States department of health and human services;
(d) "Health facilities" shall mean any of the following:
(1) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing for not less than twenty-four (24) hours in any week of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals. The term hospital includes public health centers in general, tuberculosis, mental, chronic disease and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities operated in connection with hospitals;
(2) A facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with said facility;
(3) A facility specially designed for the diagnosis, treatment, education, training, or custodial care of people with intellectual disabilities, including facilities for training specialists and sheltered workshops for people with intellectual disabilities, but only if such workshops are part of facilities which provide or will provide comprehensive services for people with intellectual disabilities;
(4) A facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated or at a statewide facility;
(e) "Secretary" means the secretary of health and human services of the United States, or his delegate to administer the federal act;
(f) "Nonprofit facility" means a facility which is owned and operated by one (1) or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
History:
[39-1402, added 1947, ch. 220, sec. 2, p. 526; am. 1965, ch. 123, sec. 2, p. 240; am. 1972, ch. 327, sec. 1, p. 812; am. 1974, ch. 23, sec. 122, p. 633; am. 2010, ch. 235, sec. 25, p. 563; am. 2015, ch. 244, sec. 22, p. 1020.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1403 - ADMINISTRATION — DIVISION OF HEALTH FACILITIES SURVEY AND CONSTRUCTION.

39-1403. ADMINISTRATION — DIVISION OF HEALTH FACILITIES SURVEY AND CONSTRUCTION. There is hereby established in the state department of health and welfare a division of health facilities survey and construction which shall be administered by a full time salaried director under the supervision and direction of the agency.
History:
[39-1403, added 1947, ch. 220, sec. 3, p. 526; am. 1965, ch. 123, sec. 3, p. 240; am. 1972, ch. 327, sec. 2, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1404 - GENERAL POWERS AND DUTIES.

39-1404. GENERAL POWERS AND DUTIES. In carrying out the purposes of the act, the agency is authorized and directed:
(a) To require such reports, inspections and investigations and prescribe such regulations as it deems necessary;
(b) To provide such methods of administration, appoint a director and other personnel of the division on a merit basis and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder;
(c) To procure in its discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(d) To the extent that it considers desirable to effectuate the purposes of this act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
(e) To accept on behalf of the state and to deposit with the state treasury any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act as herein provided;
(f) To make a bi-annual report to the legislature on activities and expenditures pursuant to this act, including recommendations for such additional legislation as the agency considers appropriate to furnish adequate health facilities to the people of this state;
(g) To do all other things on behalf of the state necessary to obtain full benefits under the federal act as now and hereafter amended.
History:
[39-1404, added 1947, ch. 220, sec. 4, p. 525; am. 1965, ch. 123, sec. 4, p. 240; am. 1972, ch. 327, sec. 3, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1405 - ADVISORY COUNCIL.

39-1405. ADVISORY COUNCIL. The governor shall appoint such advisory councils to advise and consult with the agency charged with the carrying out of the administration of this act and shall also appoint the chairmen of all such advisory councils.
Members of the councils hereinafter created shall hold office for a term of six (6) years, their terms expiring successively on the second Monday in January in the odd-numbered years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and the terms of office of the members first taking office shall expire, as designated at the time of appointment, at least one-third (1/3) thereof at the end of the second year, at least one-third (1/3) thereof at the end of the fourth year, and at least one-third (1/3) thereof at the end of the sixth year after the date of appointment. Council members while serving on the business of the councils shall be compensated as provided by section 59-509(d), Idaho Code. The councils shall meet as frequently as the chairman deems necessary, but not less than once each year. Upon request by a majority of the members of a specific council, it shall be the duty of the chairman to call a meeting of that council.
The agency shall assist the governor in establishing the necessary guidelines and qualifications of appointees and direct to the attention of the governor the mandatory requirements of any federal statutes, regulations and standards concerning the number, representative capacity, professional background, and such other matters concerning membership and organization of said councils to insure state compliance with federal laws, regulations and standards.
History:
[39-1405, added 1947, ch. 220, sec. 5, p. 526; am. 1965, ch. 123, sec. 5, p. 240; am. 1972, ch. 327, sec. 4, p. 812; am. 1980, ch. 247, sec. 35, p. 607.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1406 - SURVEY AND PLANNING ACTIVITIES.

39-1406. SURVEY AND PLANNING ACTIVITIES. The agency is authorized and directed to make an inventory of existing health facilities, including public, nonprofit and proprietary, to survey the need for construction of health facilities, and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate health facilities and similar services to all the people of the state.
History:
[39-1406, added 1947, ch. 220, sec. 6, p. 526; am. 1965, ch. 123, sec. 6, p. 240; am. 1972, ch. 327, sec. 5, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1407 - CONSTRUCTION PROGRAM.

39-1407. CONSTRUCTION PROGRAM. The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate health facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of health facilities reasonably accessible to all persons in the state.
History:
[39-1407, added 1947, ch. 220, sec. 7, p. 526; am. 1965, ch. 123, sec. 7, p. 240; am. 1972, ch. 327, sec. 6, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1408 - APPLICATION FOR FEDERAL FUNDS FOR SURVEY AND PLANNING — EXPENDITURE.

39-1408. APPLICATION FOR FEDERAL FUNDS FOR SURVEY AND PLANNING — EXPENDITURE. The agency is authorized to make application for and receive federal funds to assist in carrying out the activities herein provided. Such funds shall be delivered to the state treasurer and by him deposited in the funds hereinafter created. Such funds are hereby appropriated to the state board of health for expenditure for carrying out the activities authorized by this act. Any such funds received and not expended for such purposes shall be disposed of pursuant to the federal act.
History:
[39-1408, added 1947, ch. 220, sec. 8, p. 526; am. 1965, ch. 123, sec. 8, p. 240; am. 1972, ch. 327, sec. 7, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1409 - STATE PLAN.

39-1409. STATE PLAN. The agency shall prepare and submit to the surgeon general and/or secretary a state plan which shall include the health facilities construction program developed under this act and which shall provide for the establishment, administration, and operation of health facilities construction activities in accordance with the requirements of the federal act and regulations thereunder. The agency shall, prior to the submission of such plan to the surgeon general and/or secretary, give publicity to a general description of all the provisions proposed to be included therein and cause a public hearing to be held at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the surgeon general and/or secretary, the agency shall publish a general description of the provisions thereof in such newspapers as will give circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. The agency as required shall review the health facilities construction program and submit to the surgeon general and/or secretary any modifications thereof which he [it] may find necessary and may submit to the surgeon general and/or secretary such modifications of the state plan, not inconsistent with the requirements of the federal act, as it may deem advisable.
History:
[39-1409, added 1947, ch. 220, sec. 9, p. 526; am. 1965, ch. 123, sec. 9, p. 240; am. 1972, ch. 327, sec. 8, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1410 - MINIMUM STANDARDS FOR MAINTENANCE AND OPERATION OF FACILITIES.

39-1410. MINIMUM STANDARDS FOR MAINTENANCE AND OPERATION OF FACILITIES. The agency shall by regulation prescribe minimum standards for the maintenance and operation of health facilities which receive federal aid for construction under the state plan.
History:
[39-1410, added 1947, ch. 220, sec. 10, p. 526; am. 1965, ch. 123, sec. 10, p. 240; am. 1972, ch. 327, sec. 9, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1411 - PRIORITY OF PROJECTS.

39-1411. PRIORITY OF PROJECTS. The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act and provide for the construction, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.
History:
[39-1411, added 1947, ch. 220, sec. 11, p. 526.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1412 - CONSTRUCTION PROJECTS — APPLICATIONS.

39-1412. CONSTRUCTION PROJECTS — APPLICATIONS. Applications for health facilities construction projects for which federal funds are requested shall be submitted to the agency and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate health facilities. Each application for a construction project shall conform to federal and state requirements.
History:
[39-1412, added 1947, ch. 220, sec. 12, p. 526; am. 1965, ch. 123, sec. 11, p. 240; am. 1972, ch. 327, sec. 10, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1413 - CONSIDERATION AND FORWARDING OF APPLICATIONS.

39-1413. CONSIDERATION AND FORWARDING OF APPLICATIONS. The agency shall afford to every applicant for a construction project an opportunity for a fair hearing. If the agency, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of section 39-1412[, Idaho Code,] and is otherwise in conformity with the state plan, it shall approve such application and shall recommend and forward it to the surgeon general and/or secretary.
History:
[39-1413, added 1947, ch. 220, sec. 13, p. 526; am. 1972, ch. 327, sec. 11, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1414 - INSPECTION OF PROJECTS.

39-1414. INSPECTION OF PROJECTS. From time to time the agency shall cause each construction project approved by the surgeon general and/or secretary to be inspected, and if the inspection so warrants, the agency shall certify to the surgeon general and/or secretary that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
History:
[39-1414, added 1947, ch. 220, sec. 14, p. 526; am. 1972, ch. 327, sec. 12, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1415 - CONSTRUCTION FUNDS.

39-1415. CONSTRUCTION FUNDS. There is hereby created an account in the trust and agency fund in the state treasury, and all moneys deposited therein are perpetually appropriated for construction projects under this act. All federal funds received from the federal government for a construction project approved by the surgeon general and/or secretary shall be delivered to the state treasurer and by him deposited in the health facilities construction account. Such money shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects.
History:
[39-1415, added 1947, ch. 220, sec. 15, p. 526; am. 1965, ch. 123, sec. 12, p. 240; am. 1972, ch. 327, sec. 13, p. 812; am. 1974, ch. 23, sec. 123, p. 633; am. 1976, ch. 51, sec. 13, p. 178.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1416 - FEDERAL, STATE AND OTHER MONEYS — JOINT MUNICIPAL OR COUNTY FACILITIES.

39-1416. FEDERAL, STATE AND OTHER MONEYS — JOINT MUNICIPAL OR COUNTY FACILITIES. Every county and municipality is authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and all other moneys, public or private, made available by grant, loan, gift or devise for public health purposes, including the construction, alteration, equipping, operation and maintenance of projects authorized by this act and the federal act, subject only to the terms of such grant.
Any two (2) or more municipalities and/or counties may join together for the owning, construction, alteration, repair, equipping, operation and/or maintenance of a health facility, which may be located within or without any such municipality or county, and the funds therefor shall be contributed by each such municipality and/or county as the participating municipalities and counties may mutually agree.
Any municipality or county may enter into a contract or other arrangement with any other municipality or county to obtain health facilities or similar services, and pay for the same out of municipal or county funds.
History:
[39-1416, added 1947, ch. 220, sec. 16, p. 526; am. 1965, ch. 123, sec. 13, p. 240; am. 1972, ch. 327, sec. 14, p. 812.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1417 - SEPARABILITY.

39-1417. SEPARABILITY. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History:
[39-1417, added 1947, ch. 220, sec. 17, p. 526.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1442 - DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION.

39-1442. DECLARATION OF NECESSITY AND PURPOSE — LIBERAL CONSTRUCTION. It is hereby determined and declared that for the benefit of the people of the state of Idaho and the improvement of their health, welfare and living conditions, it is essential that the people of this state have adequate medical care and health facilities; that it is essential that health institutions within the state be provided with appropriate additional means to assist in the development and maintenance of public health, health care, hospitals and related facilities; that it is the purpose of this act to provide a measure of assistance and alternative methods to enable health institutions in the state to refund or refinance outstanding indebtedness incurred for health facilities and to provide additional facilities and structures which are sorely needed to accomplish the purposes of this act, all to the public benefit and good as more fully provided herein; and it is the intent of the legislature by the passage of this act to create the Idaho health facilities authority to lend money to health institutions and to authorize the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease and dispose of properties to the end that the authority may be able to promote the health and welfare of the people of this state and to vest such authority with all powers to enable such authority to accomplish such purpose; it is not intended by this act that the authority shall itself be authorized to operate any such health facility. This act shall be liberally construed to accomplish the intentions expressed herein.
History:
[39-1442, added 1972, ch. 134, sec. 2, p. 286; am. 1973, ch. 178, sec. 1, p. 393.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1444 - AUTHORITY — CREATION — MEMBERSHIP — APPOINTMENT — TERMS OF OFFICE — FILLING VACANCIES AND REMOVALS.

39-1444. AUTHORITY — CREATION — MEMBERSHIP — APPOINTMENT — TERMS OF OFFICE — FILLING VACANCIES AND REMOVALS. There is hereby created an independent public body politic and corporate to be known as the "Idaho health facilities authority." Said authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The authority shall consist of seven (7) members to be appointed by the governor who shall be residents of the state. Not more than four (4) of said seven (7) members of the authority shall be of the same political party. At least one (1) of the members to be appointed by the governor shall be or shall have been a trustee, director, comptroller or other employee of a public or not for profit hospital knowledgeable in hospital and health care construction and financing. At least one (1) such appointed member shall be a person experienced in and having a favorable reputation for skill, knowledge and experience in the field of state and municipal finance. At least one (1) of such appointed members shall be a person experienced in and having a favorable reputation for skill, knowledge and experience in the field of health facility architecture. In making appointments the governor shall take into consideration nominees recommended to him for appointment by professional organizations of hospitals, long term care facilities, investment banking and architects. The members of the authority first appointed by the governor shall serve for terms to be designated by the governor expiring on June 30, as follows: two (2) in 1973 and 1974 and one (1) each in 1975, 1976, and 1977, respectively. Upon the expiration of the term of any appointed member his successor shall be appointed for a term of five (5) years and until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The governor shall fill any vacancy for the remainder of any unexpired term. Any member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing.
History:
[39-1444, added 1972, ch. 134, sec. 4, p. 286; am. 1973, ch. 178, sec. 3, p. 393.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1445 - QUORUM — MODE OF ACTION — EXPENSES.

39-1445. QUORUM — MODE OF ACTION — EXPENSES. Four (4) members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four (4) of its members. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the by-laws of the authority. Resolutions need not be published or posted. Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the authority.
History:
[39-1445, added 1972, ch. 134, sec. 5, p. 286; am. 1973, ch. 178, sec. 4, p. 393.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1448 - ACQUISITION OF PROPERTY.

39-1448. ACQUISITION OF PROPERTY. The authority is authorized and empowered directly or by or through a participating health institution, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights of way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights which are located within or without the state as it may deem necessary or convenient for the construction or acquisition or operation of facilities but upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of such participating health institution, as its agent.
History:
[39-1448, added 1972, ch. 134, sec. 8, p. 286.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1448A - NOTES.

39-1448A. NOTES. The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any facility, and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available therefor and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.
History:
[I.C., sec. 39-1448A, as added by 1973, ch. 178, sec. 6, p. 393.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1450A - PERSONAL LIABILITY.

39-1450A. PERSONAL LIABILITY. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
History:
[I.C., sec. 39-1450A, as added by 1973, ch. 178, sec. 9, p. 393.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1450B - PURCHASE.

39-1450B. PURCHASE. The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.
History:
[I.C., sec. 39-1450B, as added by 1973, ch. 178, sec. 9, p. 393; am. 1976, ch. 183, sec. 4, p. 664.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1450D - TRUST AGREEMENT TO SECURE BONDS.

39-1450D. TRUST AGREEMENT TO SECURE BONDS. In the discretion of the authority any bonds issued under this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state of Idaho. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, and not in violation of law, including particularly such provisions as have been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state, which may act as depository of the proceeds of bonds or of revenues or other moneys, may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a facility.
History:
[I.C., sec. 39-1450D, as added by 1973, ch. 178, sec. 9, p. 393; am. 1976, ch. 183, sec. 5, p. 664; am. 2000, ch. 125, sec. 2, p. 298.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1452 - EXEMPTION FROM TAXATION — SECURITIES LAW.

39-1452. EXEMPTION FROM TAXATION — SECURITIES LAW. The authority is hereby declared to be performing a public function for the benefit of the people of the state for the improvement of their health and living conditions and to be a public instrumentality of the state. Accordingly, the income or other revenues of the authority, and all properties at any time owned by the authority, and any bonds, notes, or other obligations issued under this act, their transfer and income therefrom, including any profit made on the sale thereof, shall be exempt at all times from all taxation in the state of Idaho. Also, bonds issued by the authority shall be exempt from the uniform securities act, chapter 14, title 30, Idaho Code, or any amendments thereto.
History:
[39-1452, added 1972, ch. 134, sec. 12, p. 286; am. 1973, ch. 178, sec. 11, p. 393; am. 2004, ch. 45, sec. 5, p. 227.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1453A - FEES.

39-1453A. FEES. All expenses of the authority incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this act, except that for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder, the authority shall be empowered to borrow moneys as may be required for such necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided for under this act. When any application is made to the authority by any participating health institution for financial assistance to provide for its facilities, such application shall be accompanied by an "initial planning service fee" in an amount determined by the authority. Such initial planning service fees shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not any such application is approved. In addition to such initial fee, an "annual planning service fee" shall be paid to the authority by each participating health institution in an amount determined by the authority. Such annual planning service fee shall be paid on said dates or in installments as may be satisfactory to the authority. It is anticipated such fees shall be used for; (i) necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning organizations and agencies at local, regional and state levels as well as the state statutory bodies having health planning responsibilities; (ii) necessary administrative expenses; and (iii) reserves for anticipated future expenses. In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm, partnership, association or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this act.
History:
[39-1453A, added 1976, ch. 183, sec. 7, p. 666.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 14 - HEALTH FACILITIES › Section 39-1454 - CONVEYANCE OF TITLE TO INSTITUTION.

39-1454. CONVEYANCE OF TITLE TO INSTITUTION. When the principal of (an) and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution, the lease, the trust indenture and the mortgage or deed of trust or any other form of security arrangement, if any, authorizing and securing the same have been satisfied and the lien of such mortgage or deed of trust or any other form of security arrangement has been released in accordance with the provisions thereof, the authority shall promptly do all things and execute such deeds and conveyances and other documents as are necessary and required to convey its right, title and interest in such facilities so financed, and any other facilities mortgaged or subject to deed of trust or any other form of security arrangement to secure the bonds, to such participating health institution or institutions.
History:
[39-1454, added 1972, ch. 134, sec. 14, p. 286; am. 1976, ch. 183, sec. 8, p. 667.]