reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5313 - LICENSES — RECORDS — FEES — PAYMENT OF COSTS AND EXPENSES.

54-5313. LICENSES — RECORDS — FEES — PAYMENT OF COSTS AND EXPENSES. (1) The division of occupational and professional licenses shall, upon the approval of the board and subject to the provisions of this chapter, register and issue licenses to persons who have been approved by the board in accordance with this chapter. The licenses shall bear on their face the seal of the state and the signature of the division administrator of the division of occupational and professional licenses and shall be effective until the next birthday of the person being licensed. Licenses so issued shall be renewed annually in accordance with section 67-2614, Idaho Code. The provisions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this chapter.
(2) The board shall keep and the division shall maintain a record of board proceedings and a register of all applications that show:
(a) The name, age, social security number and residency of each applicant;
(b) The date of application;
(c) The place of business of such applicant;
(d) The educational and other qualifications of each applicant;
(e) Whether or not an examination was required;
(f) Whether the applicant was denied;
(g) Whether a license was issued;
(h) The dates of the action by the board;
(i) Compliance with continuing education requirements; and
(j) Such other information as may be deemed necessary by the board.
(3) The division of occupational and professional licenses shall collect a fee not to exceed two hundred dollars ($200) for each application, each original license, and each annual renewal of any license issued pursuant to this chapter and shall deposit all fees in the state treasury in accordance with section 67-2608, Idaho Code. The actual fees shall be set by board rule. The division shall also collect a fee equal to that charged by the examination provider when an examination is required as a condition of licensing. Fees paid under the provisions of this chapter shall not be refunded unless otherwise specified herein.
(4) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be charged against and paid from said fund.
History:
[(54-5313) 54-5113, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 20, p. 58; am. 2021, ch. 224, sec. 76, p. 690; am. 2022, ch. 94, sec. 69, p. 327.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5314 - LICENSES NONTRANSFERABLE — NOTICE OF CHANGE — LICENSE FEES NOT REFUNDED.

54-5314. LICENSES NONTRANSFERABLE — NOTICE OF CHANGE — LICENSE FEES NOT REFUNDED. (1) Any license issued under the provisions of this chapter shall not be transferable to any other person, firm, association, partnership, corporation or legal entity, and shall be valid only for the particular premises and particular persons described thereon.
(2) Whenever there is any transfer or change in the ownership of a facility, or whenever there is any change of name or address, such change shall be reported to the board within thirty (30) days together with such documentation as may be required.
History:
[(54-5314) 54-5114, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 21, p. 59.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5315 - REVOCATION OR SUSPENSION OF LICENSE — PROCEDURES FOR DISCIPLINARY PROCEEDINGS.

54-5315. REVOCATION OR SUSPENSION OF LICENSE — PROCEDURES FOR DISCIPLINARY PROCEEDINGS. (1) The board shall have the power to refuse to issue a license, or revoke, suspend, refuse to renew, or otherwise sanction any license issued pursuant to the provisions of this chapter for any of the following:
(a) Procuring a license or registration by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license or through any form of fraud or misrepresentation;
(b) Being convicted of a felony;
(c) Misrepresentation or fraudulent representation in the performance of any duty, conduct or activity regulated under this chapter;
(d) Violating the provisions of this chapter or any rules of the board or any code of conduct or ethical standards adopted by the board;
(e) Being incompetent;
(f) Failing to provide appropriate and personal supervision, if acting as the designated supervisor, to any person gaining experience under the provisions of this chapter.
(2) The board shall have the power to administer oaths, take depositions of witnesses within or without the state in the manner provided by law in civil cases, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire, relevant to any hearing before it of any matter which it has authority to investigate, and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of books, records or papers, directed to the sheriff of any county of the state of Idaho where such witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case.
(3) The procedures for disciplinary proceedings shall be in compliance with the Idaho administrative procedure act and the rules of the office of the attorney general and the division of occupational and professional licenses.
History:
[(54-5315) 54-5115, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 22, p. 59; am. 2022, ch. 94, sec. 70, p. 328.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5316 - VIOLATIONS AND PENALTIES.

54-5316. VIOLATIONS AND PENALTIES. Any person who shall practice or offer to practice as an LPG dealer or any person who shall operate or attempt to operate an LPG facility as defined in this chapter, without first having a valid and current and unsuspended license issued under the provisions of this chapter, shall be guilty of a misdemeanor and, for each violation, shall be subject to punishment by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months, or both.
History:
[(54-5316) 54-5116, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 23, p. 60.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5317 - DUTY OF PROSECUTING ATTORNEY — DUTY OF ATTORNEY GENERAL.

54-5317. DUTY OF PROSECUTING ATTORNEY — DUTY OF ATTORNEY GENERAL. It shall be the duty of the prosecuting attorney of each county to prosecute all violations of this chapter constituting a violation of criminal law and it shall be the duty of the attorney general of the state of Idaho to prosecute any administrative actions brought under the provisions of this chapter as requested by the board.
History:
[(54-5317) 54-5117, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 24, p. 60.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5318 - FILLING OF LIQUEFIED PETROLEUM GAS CONTAINERS — RESTRICTIONS.

54-5318. FILLING OF LIQUEFIED PETROLEUM GAS CONTAINERS — RESTRICTIONS. (1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:
(a) The actual damages to the container lessor, including incidental and consequential damages and attorney’s fees; or
(b) Five hundred dollars ($500) for each violation.
(2) The burden of ascertaining the terms of a written lease for purposes of subsection (1) of this section is on the person filling the liquefied petroleum gas container. A person has ascertained the terms of a written lease if he has:
(a) Read the lease;
(b) Received the assurance of the container owner that the lease does not prohibit the person from filling the container;
(c) Obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or
(d) The leased liquefied petroleum gas container is clearly labeled, near the container fill point, as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.
(3) If a lessee misrepresents his ownership or the terms of his written lease, the lessee who made the misrepresentation, and not the person filling the tank, is liable for the damages under subsection (1) of this section.
(4) If a written liquefied petroleum gas container lease restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:
(a) Typing the restriction in at least two-point larger type than the majority of the document type;
(b) Underlining the restriction; or
(c) Typing the restriction in boldface type.
(5) A lessor whose liquefied petroleum gas container lease does not comply with the provisions of subsection (4) of this section is disqualified from protection under this section.
History:
[54-5318, added 2019, ch. 91, sec. 1, p. 335.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5401 - SHORT TITLE.

54-5401. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Driving Businesses Act."
History:
[54-5401, added 2009, ch. 251, sec. 2, p. 765; am. 2020, ch. 213, sec. 1, p. 621.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5402 - DEFINITIONS.

54-5402. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho driving businesses licensure board, which will act as the state regulatory body for driving businesses hereinafter provided in this chapter.
(2) "Driver education" means classroom instruction and behind-the-wheel driving time.
(3) "Driving business" means any driver education business established for the education of students in a classroom or motor vehicle, or both, which education shall not qualify a student for a commercial driver’s license. A driving business shall not include an education program run by a church, synagogue, or refugee program or an accident prevention course taught, regulated, or licensed by the transportation department.
(4) "Driving instructor" means a person who is licensed by the board to teach the classroom instruction phase and behind-the-wheel training phase of automobile driver training. This term does not apply to any independent certified driving instructor who participates in a state or federal program directed at training or retraining persons in occupational skills or to instructors who operate or work for public driving businesses that are overseen by the state department of education.
(5) "License" means a document issued by the division of occupational and professional licenses on behalf of the board officially documenting the individual’s right to practice as a driving instructor or to operate a driving business within the state of Idaho.
History:
[54-5402, added 2009, ch. 251, sec. 2, p. 765; am. 2020, ch. 213, sec. 2, p. 621; am. 2022, ch. 94, sec. 71, p. 329.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5404 - FEES.

54-5404. FEES. (1) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. Actual fees shall be set by administrative rule.
(2) All licenses issued under the provisions of this chapter shall be subject to annual renewal. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(3) All fees are nonrefundable.
History:
[54-5404, added 2009, ch. 251, sec. 2, p. 767; am. 2020, ch. 213, sec. 4, p. 622; am. 2022, ch. 94, sec. 72, p. 329.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5405 - DRIVING BUSINESSES — LICENSE REQUIREMENTS.

54-5405. DRIVING BUSINESSES — LICENSE REQUIREMENTS. (1) No private driver training business shall be established nor shall any existing business continue to operate unless the business applies for and obtains from the board a license that expires on the license issue date and must be renewed annually. The application for license shall include the name of the owner, a satisfactory fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database, the location of the business, a certificate of occupancy for a business that offers classroom instruction in a physical classroom location, a certificate of commercial automobile insurance, a list of licensed instructors, proof of an annual vehicle check, board-approved curriculum components and a course of instruction for students that shall include the following:
(a) Not less than thirty (30) hours of classroom instruction;
(b) Not less than six (6) hours of behind-the-wheel practice driving; and
(c) Not less than six (6) hours of observation.
(2) Any private driver training business or driving instructor licensed pursuant to this chapter shall be exempt from the provisions of title 33, Idaho Code, that regulate driver education as long as such license is current and valid and the private driver training business or driving instructor is acting pursuant to activities that the license permits.
(3) Any driving business licensed pursuant to this chapter may contract with a public school to provide driver education. Any driving business that contracts with a public school to provide driver education may be allowed to use the services of any or all of the driving instructors of that driving business. Once a person has been licensed as a driving instructor, that person is authorized to teach in any approved driver education program.
(4) A driving business shall ensure that each of its employees and persons under its control who provide driver education to its students is at all times licensed under this chapter as a driving instructor or permitted as a driving instructor apprentice.
History:
[54-5405, added 2009, ch. 251, sec. 2, p. 767; am. 2010, ch. 145, sec. 2, p. 307; am. 2017, ch. 185, sec. 1, p. 423; am. 2020, ch. 213, sec. 5, p. 623.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5406 - DRIVING INSTRUCTORS — REQUIREMENTS.

54-5406. DRIVING INSTRUCTORS — REQUIREMENTS. (1) Each person applying for a driving instructor license must complete an application provided by the division of occupational and professional licenses that requires the applicant to be at least twenty-one (21) years of age, have a high school diploma or equivalent, a valid driver’s license and a satisfactory driving record from the jurisdiction from which the license was issued, a satisfactory fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database, a medical certificate and any required completed coursework. Licensees shall certify that they hold a current medical certificate at the time of license renewal.
(2) Every new applicant for a license pursuant to this chapter shall have completed a board-approved apprenticeship training program of no fewer than thirty (30) hours of classroom instruction and fifty (50) hours of behind-the-wheel training. The board may waive, as a whole or either part, the apprenticeship for an applicant who holds a current, active and unrestricted equivalent instructor license from another state or who has the requisite training and experience as demonstrated in a manner established by board rule. Such applicant shall submit supporting documentation with the completed application and shall meet all other requirements in this chapter and in board rule.
History:
[54-5406, added 2009, ch. 251, sec. 2, p. 767; am. 2010, ch. 145, sec. 3, p. 308; am. 2014, ch. 157, sec. 2, p. 441; am. 2020, ch. 213, sec. 6, p. 623; am. 2022, ch. 94, sec. 73, p. 329.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5407 - CURRICULUM COMPONENTS FOR DRIVING BUSINESSES.

54-5407. CURRICULUM COMPONENTS FOR DRIVING BUSINESSES. The curriculum components for driving businesses shall be approved by the board and reviewed annually and the curriculum components must accompany any original application for a license.
History:
[54-5407, added 2009, ch. 251, sec. 2, p. 767.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5408 - DISCIPLINE.

54-5408. DISCIPLINE. (1) Grounds for discipline. The board shall have the power to deny any application for or renewal of a license or to revoke, suspend or otherwise sanction any such license issued pursuant to this chapter and to limit or restrict the practice of any driving instructor or driving business upon a determination by the board that the person or business:
(a) Was convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of any action constituting a crime that reflects upon the qualifications, functions, or duties of a driving business or driving business instructor;
(b) Violated the provisions of this chapter or rules, standards of conduct and practice, or any ethical codes as may be adopted by the board;
(c) Is or has been negligent or reckless in the practice of driver education; or
(d) Has had any license, certificate or registration to work as a driving instructor or operate as a driving business suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of such suspension or revocation.
(2) Every person or business subject to disciplinary proceedings shall be afforded an opportunity for hearing. All proceedings hereunder shall be in accordance with chapter 52, title 67, Idaho Code.
(3) The board may, pursuant to an order of discipline, require the person or business to pay an administrative fine not to exceed one thousand dollars ($1,000) for each violation identified in the order.
History:
[54-5408, added 2009, ch. 251, sec. 2, p. 768; am. 2010, ch. 145, sec. 4, p. 308; am. 2020, ch. 175, sec. 39, p. 544; am. 2020, ch. 213, sec. 7, p. 624; am. 2021, ch. 321, sec. 40, p. 982.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 54 - DRIVING BUSINESSES › Section 54-5409 - CERTAIN ACTS PROHIBITED.

54-5409. CERTAIN ACTS PROHIBITED. (1) The following acts shall be unlawful and punishable as a misdemeanor:
(a) The violation of any of the provisions of this chapter;
(b) Permitting any person in one’s employ, supervision or control to practice as a driving instructor unless that person has complied with the provisions of this chapter;
(c) Practicing or offering to practice any of the occupations defined in this chapter, unless licensed as herein provided;
(d) Maintaining or operating a driving business unless such business is licensed as herein provided.
(2) The board may seek injunction against any person who practices as a driving instructor or who operates a driving business in violation of the provisions of this chapter. In the event a permanent injunction is entered against such person, or plea or verdict of guilty is entered in any criminal matter, the board may impose a civil penalty in the amount of all costs and fees incurred by the board in prosecuting the matter.
History:
[54-5409, added 2009, ch. 251, sec. 2, p. 768.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5501 - LEGISLATIVE PURPOSE AND INTENT.

54-5501. LEGISLATIVE PURPOSE AND INTENT. [EFFECTIVE UNTIL JULY 1, 2024] The legislature finds and declares that the practice of midwifery has been a part of the culture and tradition of Idaho since before pioneer days and that for personal, religious and economic reasons some Idaho citizens choose midwifery care. The purpose of this chapter is to preserve the rights of families to deliver their children in a setting of their choice, to provide additional maternity care options for Idaho’s families, to protect the public health, safety and welfare and to provide a mechanism to assure quality care.
History:
[(54-5501) 54-5401, added 2009, ch. 65, sec. 1, p. 177; am. and redesig. 2010, ch. 79, sec. 21, p. 147.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5502 - DEFINITIONS.

54-5502. DEFINITIONS. [EFFECTIVE UNTIL JULY 1, 2024] As used in this chapter:
(1) "Board" means the Idaho state board of midwifery.
(2) "Certified professional midwife" or "CPM" means a person who is certified by the North American registry of midwives or any successor organization.
(3) "Client" means a woman under the care of a licensed midwife, as well as her fetus and newborn child.
(4) "Division" means the division of occupational and professional licenses.
(5) "Estimated due date" means the estimated date of delivery with a known date of conception, known date of last menstrual period or first trimester ultrasound.
(6) "Idaho midwifery council" or "IMC" means the professional organization representing midwives in Idaho.
(7) "Idahoans for midwives" or "IFM" means the Idaho consumer organization that promotes and supports midwifery care in Idaho.
(8) "Licensed health care provider" means a physician or physician assistant or an advanced practice registered nurse.
(9) "Licensed midwife" means a person who holds a current license issued by the board pursuant to the provisions of this chapter to engage in the practice of midwifery, who shall be designated "L.M."
(10) "Midwifery education accreditation council" or "MEAC" means the organization established in 1991 and recognized by the U.S. department of education as an accrediting agency for midwifery education programs and institutions.
(11) "National association of certified professional midwives" or "NACPM" means the national organization for certified professional midwives.
(12) "NACPM essential documents" means the documents adopted by NACPM that identify the nature of and standards of practice for responsible midwifery practice.
(13) "North American registry of midwives" or "NARM" means the international certification agency that establishes and administers certification for the CPM credential.
(14) "Practice of midwifery" means providing maternity care for women and their newborns during the antepartum, intrapartum and postpartum periods. The postpartum period for both maternal and newborn care may not exceed six (6) weeks from the date of delivery.
History:
[(54-5502) 54-5402, added 2009, ch. 65, sec. 1, p. 177; am. and redesig. 2010, ch. 79, sec. 22, p. 147; am. 2014, ch. 161, sec. 1, p. 450; am. 2022, ch. 94, sec. 74, p. 330.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5503 - BOARD OF MIDWIFERY CREATED.

54-5503. BOARD OF MIDWIFERY CREATED. [EFFECTIVE UNTIL JULY 1, 2024] (1) There is hereby established in the division of occupational and professional licenses a board of midwifery.
(2) The board shall consist of five (5) members appointed by the governor, three (3) of whom shall be licensed pursuant to this chapter, one (1) of whom shall be a licensed physician who is board-certified in either obstetrics/gynecology or family medicine, maintains current hospital privileges and has provided primary maternity care for at least twenty (20) births in the twelve (12) months prior to the appointment, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of midwifery services.
(3) The term of office for each board member shall be five (5) years.
(4) In making appointments to the board, the governor’s selection shall not be limited to nominations he receives; however, consideration shall be given to recommendations made by the Idaho midwifery council and Idahoans for midwives.
(5) The three (3) board members who are licensed midwives shall be licensed pursuant to this chapter, shall actively practice midwifery in the state of Idaho for the duration of their appointment and shall have been a practicing midwife in the state of Idaho for at least three (3) years immediately preceding their appointment.
(6) In the event of the death, resignation or removal of any board member before the expiration of the term to which he is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(7) Board members shall serve at the pleasure of the governor.
(8) The board shall meet at least annually and elect a chairperson, and may hold additional meetings at the call of the chairperson or at the written request of any two (2) members of the board. A majority of the board shall constitute a quorum. The vote of a majority of members present at a meeting wherein a quorum is present shall determine the action of the board.
History:
[(54-5503) 54-5403, added 2009, ch. 65, sec. 1, p. 178; am. and redesig. 2010, ch. 79, sec. 23, p. 148; am. 2019, ch. 42, sec. 1, p. 110; am. 2021, ch. 222, sec. 40, p. 652.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5504 - BOARD OF MIDWIFERY — POWERS AND DUTIES.

54-5504. BOARD OF MIDWIFERY — POWERS AND DUTIES. [EFFECTIVE UNTIL JULY 1, 2024] The board shall have the authority and the responsibility to:
(1) Receive applications for licensure, determine the qualifications of persons applying for licensure, provide licenses to applicants qualified under this chapter and renew, suspend, revoke and reinstate licenses;
(2) Establish and collect fees for examination of applicants, for licensure and for renewal of licenses;
(3) Establish the minimum amount and type of continuing education to be required for each licensed midwife seeking renewal of the midwife’s license;
(4) Investigate complaints against persons who are licensed under this chapter;
(5) Undertake, when appropriate, disciplinary proceedings and disciplinary action against persons licensed under this chapter;
(6) Promulgate and adopt rules, pursuant to chapter 52, title 67, Idaho Code, necessary to administer this chapter. To the degree they are consistent with this chapter, rules shall be consistent with the current job description for the profession published by NARM and consistent with standards regarding the practice of midwifery established by the NACPM or a successor organization;
(7) Authorize, by written agreement, the division of occupational and professional licenses to act as agent in its interest; and
(8) Provide such other services and perform such other functions as are consistent with this chapter and necessary to fulfill its responsibilities.
History:
[(54-5504) 54-5404, added 2009, ch. 65, sec. 1, p. 179; am. and redesig. 2010, ch. 79, sec. 24, p. 148; am. 2022, ch. 94, sec. 75, p. 331.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5506 - LICENSURE — PENALTY.

54-5506. LICENSURE — PENALTY. [EFFECTIVE UNTIL JULY 1, 2024] (1) The board shall grant a license to any person who submits a completed application, pays the required license fee as established by the board and meets the qualifications set forth in section 54-5507, Idaho Code.
(2) All licenses issued under this chapter shall be for a term of one (1) year and shall expire on the birthday of the licensee unless renewed in the manner prescribed by rule. Except as set forth in this chapter, rules governing procedures and conditions for license renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(3) It is a misdemeanor for any person to assume or use the title or designation "licensed midwife," "L.M." or any other title, designation, words, letters, abbreviations, sign, card or device to indicate to the public that such person is licensed to practice midwifery pursuant to this chapter unless such person is so licensed. Any person who pleads guilty to or is found guilty of a second or subsequent offense under this subsection shall be guilty of a felony.
(4) Except as provided in section 54-5508, Idaho Code, it shall be a misdemeanor for any person to engage in the practice of midwifery without a license. Any person who pleads guilty to or is found guilty of a second or subsequent offense under this subsection shall be guilty of a felony.
History:
[(54-5506) 54-5406, added 2009, ch. 65, sec. 1, p. 182; am. and redesig. 2010, ch. 79, sec. 26, p. 152; am. 2019, ch. 42, sec. 3, p. 114.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5507 - QUALIFICATIONS FOR LICENSURE.

54-5507. QUALIFICATIONS FOR LICENSURE. [EFFECTIVE UNTIL JULY 1, 2024] A person shall be eligible to be licensed as a midwife if the person:
(1) Provides proof of current certification as a CPM by NARM or a successor organization;
(2) Files a board-approved application for licensure and pays the required fees; and
(3) Provides documentation of successful completion of board-approved MEAC accredited courses in pharmacology, the treatment of shock/IV therapy and suturing specific to midwives.
History:
[(54-5507) 54-5407, added 2009, ch. 65, sec. 1, p. 182; am. and redesig. 2010, ch. 79, sec. 27, p. 152; am. 2019, ch. 42, sec. 4, p. 114.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5508 - EXEMPTIONS.

54-5508. EXEMPTIONS. [EFFECTIVE UNTIL JULY 1, 2024] This chapter shall not apply to any of the following:
(1) Certified nurse midwives authorized under the board of nursing to practice in Idaho, unless a certified nurse midwife chooses to become a licensed midwife. Certified nurse midwives who are licensed midwives shall be subject to the provisions of chapter 14, title 54, Idaho Code, as well as to the provisions of this chapter;
(2) Student midwives in training under the direct supervision of licensed midwives as required by NARM;
(3) A person, in good faith, engaged in the practice of the religious tenets of any church or religious act where no fee is contemplated, charged or received, whose license to practice midwifery has not been revoked and who has not plead guilty to or been found guilty of a felony for a violation of the provisions of section 54-5506, Idaho Code;
(4) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;
(5) A person rendering aid in an emergency where no fee for the service is contemplated, charged or received;
(6) A person administering care to a member of such person’s family;
(7) The practice of a profession by individuals who are licensed, certified or registered under other laws of this state and are performing services within the authorized scope of practice.
History:
[(54-5508) 54-5408, added 2009, ch. 65, sec. 1, p. 183; am. and redesig. 2010, ch. 79, sec. 28, p. 153.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5509 - FEES.

54-5509. FEES. [EFFECTIVE UNTIL JULY 1, 2024] (1) All fees received under the provisions of this chapter shall be paid to the department of self-governing agencies, division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. In no case may any salary, expense or other obligation of the board be charged against the general fund.
(2) The fee for licensure may not exceed one thousand dollars ($1,000).
History:
[(54-5509) 54-5409, added 2009, ch. 65, sec. 1, p. 183; am. and redesig. 2010, ch. 79, sec. 29, p. 153; am. 2022, ch. 94, sec. 76, p. 331.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5510 - CLIENT PROTECTION — UNPROFESSIONAL CONDUCT.

54-5510. CLIENT PROTECTION — UNPROFESSIONAL CONDUCT. [EFFECTIVE UNTIL JULY 1, 2024] A licensed midwife or applicant for licensure, renewal or reinstatement may not:
(1) Disregard a client’s dignity or right to privacy as to her person, condition, possessions or medical record;
(2) Breach any legal requirement of confidentiality with respect to a client, unless ordered by a court of law;
(3) Submit a birth certificate known by the person to be false or fraudulent, or willfully make or file false or incomplete reports or records in the practice of midwifery;
(4) Fail to provide information sufficient to allow a client to give fully informed consent;
(5) Engage in the practice of midwifery while impaired because of the use of alcoholic beverages or drugs; and
(6) Violate any other standards of conduct as determined by the board in rules adopted for the regulation of the practice of midwifery.
History:
[(54-5510) 54-5410, added 2009, ch. 65, sec. 1, p. 183; am. and redesig. 2010, ch. 79, sec. 30, p. 153.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5511 - DISCLOSURE AND RECORDKEEPING — LICENSE RENEWAL.

54-5511. DISCLOSURE AND RECORDKEEPING — LICENSE RENEWAL. [EFFECTIVE UNTIL JULY 1, 2024] (1) Before initiating care, a licensed midwife shall obtain a signed informed consent agreement from each client, acknowledging receipt, at minimum, of the following:
(a) The licensed midwife’s training and experience;
(b) Instructions for obtaining a copy of the rules adopted by the board pursuant to this chapter;
(c) Instructions for obtaining a copy of the NACPM essential documents and NARM job description;
(d) Instructions for filing complaints with the board;
(e) Notice of whether or not the licensed midwife has professional liability insurance coverage;
(f) A written protocol for emergencies, including hospital transport that is specific to each individual client;
(g) A description of the procedures, benefits and risks of home birth, primarily those conditions that may arise during delivery; and
(h) Any other information required by board rule.
(2) All licensed midwives shall maintain a record of all signed informed consent agreements for each client for a minimum of nine (9) years after the last day of care for such client.
(3) Before providing care for a client who has a history of disorders, diagnoses, conditions or symptoms identified in section 54-5505(1)(e)(ii), Idaho Code, the licensed midwife shall provide written notice to the client that the client shall obtain care from a physician licensed pursuant to chapter 18, title 54, Idaho Code, as a condition to her eligibility to obtain maternity care from the licensed midwife. Before providing care for a client who has a history of disorders, diagnoses, conditions or symptoms identified in section 54-5505(1)(e)(iii), Idaho Code, or who has had a previous cesarean section, the licensed midwife shall provide written notice to the client that the client is advised to consult with a physician licensed pursuant to chapter 18, title 54, Idaho Code, during her pregnancy. The midwife shall obtain the client’s signed acknowledgment of receipt of said notice.
(4) Any licensed midwife submitting an application to renew a license shall compile and submit to the board complete practice data for the calendar year preceding the date of the application. Such information shall be provided in form and content as prescribed by rule of the board and shall include, but not be limited to:
(a) The number of clients to whom care has been provided by the licensed midwife;
(b) The number of deliveries performed by the licensed midwife;
(c) The apgar scores of the infants delivered by the licensed midwife;
(d) The number of prenatal transfers;
(e) The number of transfers during labor, delivery and immediately following birth;
(f) Any perinatal deaths; and
(g) Other morbidity statistics as required by the board.
History:
[(54-5511) 54-5411, added 2009, ch. 65, sec. 1, p. 183; am. and redesig. 2010, ch. 79, sec. 31, p. 154; am. 2019, ch. 42, sec. 5, p. 115.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5512 - IMMUNE FROM VICARIOUS LIABILITY.

54-5512. IMMUNE FROM VICARIOUS LIABILITY. [EFFECTIVE UNTIL JULY 1, 2024] No physician, hospital, emergency room personnel, emergency medical technician or ambulance personnel shall be liable in any civil action arising out of any injury resulting from an act or omission of a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife. A physician who consults with a licensed midwife but who does not examine or treat a client of the midwife shall not be deemed to have created a physician-patient relationship with such client.
History:
[(54-5512) 54-5412, added 2009, ch. 65, sec. 1, p. 184; am. and redesig. 2010, ch. 79, sec. 32, p. 154.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 55 - MIDWIFERY › Section 54-5513 - SEVERABILITY.

54-5513. SEVERABILITY. [EFFECTIVE UNTIL JULY 1, 2024] The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[(54-5513) 54-5413, added 2009, ch. 65, sec. 1, p. 184; am. and redesig. 2010, ch. 79, sec. 33, p. 155.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5601 - SHORT TITLE.

54-5601. SHORT TITLE. This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act."
History:
[54-5601, added 2015, ch. 128, sec. 1, p. 322.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5602 - DEFINITIONS.

54-5602. DEFINITIONS. As used in this chapter:
(1) "ABGC" means the American board of genetic counseling, inc., its successor or equivalent.
(2) "ABMG" means the American board of medical genetics, its successor or equivalent.
(3) "ACS" means active candidate status conferred by the American board of genetic counseling.
(4) "Board" means the genetic counselors licensing board.
(5) "Certification" means the voluntary process by which a nongovernmental agency grants recognition and use of a credential to individuals who have met predetermined and standardized criteria.
(6) "Certification examination" means the certification examination for genetic counselors administered by a certifying agency approved by the board.
(7) "CEU" means continuing education unit as defined by the board by rule.
(8) "Code of ethics" means the current code of ethics adopted by the board.
(9) "Division" means the division of occupational and professional licenses.
(10) "Genetic counseling" means performing acts of a genetic counselor as described in section 54-5603, Idaho Code.
(11) "Genetic counselor" means an individual who is licensed under this chapter to engage in the practice of genetic counseling.
(12) "Licensed physician" means a person holding a license issued under chapter 18, title 54, Idaho Code.
(13) "NSGC" means the national society of genetic counselors, its successor or equivalent.
(14) "Person" means an individual and does not mean an association of individuals or a legal entity.
History:
[54-5602, added 2015, ch. 128, sec. 1, p. 322; am. 2022, ch. 94, sec. 77, p. 331.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5603 - SCOPE OF PRACTICE.

54-5603. SCOPE OF PRACTICE. A licensed genetic counselor may perform the following acts as a genetic counselor:
(1) Obtain and evaluate individual, family and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his offspring and other family members;
(2) Discuss the features, natural history, means of diagnosis, genetic and environmental factors and management of risk for genetic medical conditions and diseases;
(3) Identify and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment;
(4) Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases;
(5) Explain the clinical implications of genetic laboratory tests, other diagnostic studies and results;
(6) Evaluate the client’s or family’s responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;
(7) Identify and utilize community resources that provide medical, educational, financial and psychosocial support and advocacy; and
(8) Provide written documentation of medical, genetic and counseling information for families and health care professionals.
History:
[54-5603, added 2015, ch. 128, sec. 1, p. 323.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5604 - EXEMPTIONS FOR LICENSURE.

54-5604. EXEMPTIONS FOR LICENSURE. The provisions of this act shall not apply to the following:
(1) Any person who is not a genetic counselor but is licensed under title 54, Idaho Code, acting within the scope of his profession and doing work of a nature consistent with his training, provided that he does not represent himself by any title or practice description prohibited by section 54-5605;
(2) Any person employed as a genetic counselor by the federal government or an agency thereof if such person provides genetic counseling services solely under the direction and control of the organization by which he is employed;
(3) A student enrolled in an ABGC-accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student’s course of study and are performed under the direct supervision of a licensed genetic counselor assigned to supervise the student;
(4) An employee of a facility licensed under the provisions of chapter 13, title 39, Idaho Code, who is designated in writing to be responsible for that facility’s genetic counseling program and who receives regular consultation from a licensed genetic counselor; and
(5) Any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine under chapter 18, title 54, Idaho Code, provided that he does not represent himself as a licensed genetic counselor.
History:
[54-5604, added 2015, ch. 128, sec. 1, p. 323.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5605 - GENETIC COUNSELOR LICENSE REQUIRED.

54-5605. GENETIC COUNSELOR LICENSE REQUIRED. Effective July 1, 2016, a license shall be required to engage in the practice of genetic counseling. No person shall hold himself out as a genetic counselor unless he is licensed in accordance with the provisions of this chapter. No person who is not so licensed may use in connection with his name or place of business the title genetic counselor, licensed genetic counselor, gene counselor, genetic consultant, genetic associate or any words, letters, abbreviations or insignia indicating or implying that a person holds a genetic counselor license unless such person holds a genetic counselor license.
History:
[54-5605, added 2015, ch. 128, sec. 1, p. 324.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 56 - GENETIC COUNSELORS › Section 54-5606 - BOARD — ORGANIZATION AND MEETINGS.

54-5606. BOARD — ORGANIZATION AND MEETINGS. (1) There is hereby established in the division of occupational and professional licenses the genetic counselors licensing board.
(2) The board shall consist of four (4) members, two (2) of whom shall be fully licensed genetic counselors, one (1) of whom shall be a licensed physician and one (1) of whom shall be a member of the public with an interest in the rights of consumers of genetic counseling services. All board members shall be residents of this state.
(3) Initial appointments to the board shall be for the following terms: one (1) genetic counselor member shall serve a term of one (1) year; one (1) genetic counselor member shall serve a term of two (2) years; and the physician member shall serve a term of three (3) years. Thereafter, the term of office for each member of the board shall be three (3) years.
(4) Board members shall be appointed by the governor and shall serve at the pleasure of the governor.
(5) Each genetic counselor member of the board shall:
(a) Except for the initial appointments, be currently licensed and in good standing to engage in the practice of genetic counseling in this state. The initial genetic counselor members of the board must meet the qualifications for licensure under this act;
(b) At the time of appointment have been actively engaged in the practice of genetic counseling for at least one (1) year of the last five (5) years; and
(c) Be certified by the ABGC, ABMG or NSGC.
(6) In the event of the death, resignation or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(7) The board shall meet annually and at such times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Notice of all meetings shall be given in the manner prescribed by rule. A majority of the board shall constitute a quorum at any meeting or hearing.
(8) Members of the board shall be reimbursed for expenses as provided in section 59-509(b), Idaho Code.
History:
[54-5606, added 2015, ch. 128, sec. 1, p. 324; am. 2016, ch. 340, sec. 46, p. 965; am. 2021, ch. 222, sec. 41, p. 653.]