reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3315 - ADMISSION RECORDS.

39-3315. ADMISSION RECORDS. (1) Records required for admission to a facility shall be maintained and updated for administrative purposes only and shall be confidential. Their availability, subject to Idaho department of health and welfare rules, chapter 1, title 5, shall be limited to administration, professional consultants, the resident’s physician or authorized provider, and representatives of the licensing agency. They shall include at least the following information:
(a) Name and social security number.
(b) Permanent address if other than the facility.
(c) Marital status and sex.
(d) Birthplace and date of birth.
(e) Name, address and telephone number of responsible agent or agency.
(f) Personal physician or authorized provider.
(g) Admission date.
(h) Results of a physical or health status examination performed by a licensed physician or authorized provider within six (6) months prior to admission.
(i) A list of medications, treatments and diet prescribed for the resident which is signed and dated by the physician or authorized provider giving the order(s).
(j) Religious affiliation if resident chooses to so state.
(k) Interested relatives and friends other than those in paragraph (e) of this subsection. Names, addresses and telephone numbers of family members and/or significant others.
(l) Resident assessment.
(m) The results of any psychosocial evaluations or histories to ensure all resident needs are being met.
(2) The resident’s personal or religious preferences with respect to medical treatment and medications shall be honored.
History:
[39-3315, added 1990, ch. 116, sec. 2, p. 246; am. 1996, ch. 207, sec. 12, p. 638; am. 2000, ch. 274, sec. 20, p. 815; am. 2005, ch. 280, sec. 13, p. 888.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3317 - NOTICE OF RIGHTS.

39-3317. NOTICE OF RIGHTS. Each facility must:
(1) Inform each resident, orally and in writing at the time of admission to the facility, of his legal rights during the stay at the facility.
(2) Make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in such rights).
(3) The written description of legal rights under this subsection shall include a description of the protection of personal funds and a statement that a resident may file a complaint with the licensing agency respecting resident abuse and neglect and misappropriation of resident property in the facility. A copy of the list of resident rights shall be conspicuously posted in the facility at all times.
History:
[39-3317, added 1990, ch. 116, sec. 2, p. 249.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3318 - FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS.

39-3318. FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS. (1) In addition to any other requirements of this chapter, the residential care or assisted living facility shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the administrator or designee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a response of action taken or a reason why no action needs to be taken. In the case of anonymous complaints, the administrator or designee shall document the action taken or a reason why no action needs to be taken.
(2) In order to assure the opportunity for complaints from the residents, the neighborhood, and the community to be made directly to the administrator or designee, each facility shall, within a reasonable period of time, meet with a complainant.
History:
[39-3318, added 1990, ch. 116, sec. 2, p. 250; am. 2000, ch. 274, sec. 22, p. 819; am. 2005, ch. 280, sec. 15, p. 892.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3321 - QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR.

39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR. Each residential care or assisted living facility must employ at least one (1) administrator licensed by the division of occupational and professional licenses, which is responsible for licensing residential care facility administrators for the state of Idaho. Multiple facilities under one (1) administrator may be allowed by the department based on an approved plan of operation.
History:
[39-3321, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 15, p. 642; am. 2000, ch. 274, sec. 25, p. 820; am. 2003, ch. 201, sec. 1, p. 529; am. 2005, ch. 280, sec. 16, p. 892; am. 2022, ch. 94, sec. 3, p. 281.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3322 - QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF.

39-3322. QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF. (1) Each facility must employ or arrange for sufficient trained staff to fully meet the needs of its residents and the requirements of this chapter. The facility shall have sufficient staff to provide care during all hours required in each resident’s negotiated service plan. Additional staff may be required if physical plant and disability of residents indicate that staff assistance in emergencies is required. Benchmarks shall be established in the assessment criteria where the need for certified nursing assistants or licensed nurses is indicated. Residential care or assisted living facilities shall not retain residents who require the care provided by nursing facilities under section 39-1301(b), Idaho Code, other than for short exceptional stays pursuant to negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.
(2) Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to employees at the time of hiring.
History:
[39-3322, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 16, p. 642; am. 2000, ch. 274, sec. 26, p. 820; am. 2005, ch. 280, sec. 17, p. 893.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3324 - STAFF TRAINING.

39-3324. STAFF TRAINING. All employees of a residential care or assisted living facility shall receive orientation and continuing education pertinent to their job responsibilities.
History:
[39-3324, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 27, p. 821; am. 2005, ch. 280, sec. 18, p. 893.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3325 - REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES.

39-3325. REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES. Licensed residential or assisted living facilities shall:
(1) Be located in geographical areas which are accessible to supportive services and are free from conditions which would pose a danger to the residents.
(2) Be maintained in such a manner as to be free from fire and/or safety hazards.
History:
[39-3325, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 28, p. 821; am. 2005, ch. 280, sec. 19, p. 893.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3326 - MEDICATIONS.

39-3326. MEDICATIONS. The medication policy governed by the policy and procedure of the facility shall include a policy permitting, under the conditions specified, a licensed nurse to fill individual dose systems such as blister pack, mediset, or other system approved by the department. The policy shall provide for appropriate records to maintain security of medications received from a pharmacist in accordance with pharmacy standards. The licensed nurse shall appropriately label the medication with name, dosage, amount and time to be taken, and special instructions if appropriate.
History:
[39-3326, added 2005, ch. 280, sec. 20, p. 894.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3330 - ADVISORY COUNCIL.

39-3330. ADVISORY COUNCIL. The department shall establish a state level advisory council consisting of twenty (20) members appointed by the organizations and/or agencies represented on the council. The chairman of the council shall be elected from the membership. The members of the council shall be determined by the bylaws of the council.
History:
[39-3330, added 1990, ch. 116, sec. 2, p. 252; am. 1992, ch. 66, sec. 1, p. 200; am. 1993, ch. 373, sec. 7, p. 1350; am. 2000, ch. 274, sec. 29, p. 821; am. 2005, ch. 280, sec. 21, p. 894; am. 2011, ch. 123, sec. 1, p. 346.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3331 - POWERS AND DUTIES OF THE ADVISORY COUNCIL.

39-3331. POWERS AND DUTIES OF THE ADVISORY COUNCIL. The residential care or assisted living advisory council shall have the following powers and duties:
(1) To make policy recommendations regarding the coordination of licensing and enforcement standards in residential care or assisted living facilities and the provision of services to residents of residential care or assisted living facilities.
(2) To advise the agency during development and revision of rules.
(3) To review and comment upon any proposed rules pertaining to residential care or assisted living.
(4) To submit an annual report to the legislature stating opinions and recommendations which would further the state’s capability in addressing residential care or assisted living facility issues.
History:
[39-3331, added 1990, ch. 116, sec. 2, p. 253; am. 1992, ch. 66, sec. 2, p. 201; am. 2000, ch. 274, sec. 30, p. 822; am. 2005, ch. 280, sec. 22, p. 895; am. 2011, ch. 123, sec. 2, p. 347.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3332 - MEETINGS.

39-3332. MEETINGS. The residential care or assisted living advisory council shall meet as necessary but not less than four (4) times a year. Meetings of the council shall be open to the public. The department shall provide:
(1) Staff necessary to assist the council in performing its duties.
(2) Space for meetings of the council.
(3) Accommodations for alternative meeting formats.
History:
[39-3332, added 1990, ch. 116, sec. 2, p. 253; am. 2005, ch. 280, sec. 23, p. 895; am. 2011, ch. 123, sec. 3, p. 347.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3333 - REIMBURSEMENT OF EXPENSES.

39-3333. REIMBURSEMENT OF EXPENSES. Members of the residential care and assisted living advisory council shall be reimbursed by the department for their actual expenses incurred in the performance of their duties, not to exceed the limits set forth in the state travel guidelines.
History:
[39-3333, added 1990, ch. 116, sec. 2, p. 253; am. 2005, ch. 280, sec. 24, p. 895.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3340 - LICENSING.

39-3340. LICENSING. (1) Any person, firm, partnership, association, governmental unit, or corporation within the state proposing to operate, establish, manage, conduct, or maintain a residential care or assisted living facility in the state shall have a license issued by the licensing agency of the department. A license is not transferable. The owner of the license has ultimate responsibility for the operation of the facility.
(2) Each residential care or assisted living facility in the state requires an administrator, properly licensed by the division of occupational and professional licenses, who is responsible for the day-to-day operation of the facility.
(3) A license is not transferable from one (1) individual to another, from one (1) business entity to another, or from one (1) location to another. When a change of operator, ownership or location occurs, the facility shall be relicensed, and the operator shall follow the application procedures and obtain a license before commencing operation as a facility. When there is a significant change in an owner’s share of the facility that does not alter the overall ownership or operation of the business, that change shall be communicated to the licensing agency within sixty (60) days of the effective date of the change. When the owner contracts the operation to a facility management company, other than for temporary management, it shall be treated as a change of operator.
History:
[39-3340, added 1990, ch. 116, sec. 2, p. 253; am. 1993, ch. 373, sec. 8, p. 1351; am. 2000, ch. 274, sec. 31, p. 822; am. 2005, ch. 280, sec. 25, p. 896; am. 2015, ch. 46, sec. 1, p. 98; am. 2022, ch. 94, sec. 4, p. 282.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3345 - DENIAL OR REVOCATION OF A LICENSE.

39-3345. DENIAL OR REVOCATION OF A LICENSE. The licensing agency may deny the issuance of a license or revoke any license when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of residents, or when the facility is not in substantial compliance with the provisions of this chapter or the rules promulgated pursuant to this chapter.
History:
[39-3345, added 1990, ch. 116, sec. 2, p. 255; am. 2000, ch. 274, sec. 34, p. 824; am. 2005, ch. 280, sec. 26, p. 896.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3349 - RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.

39-3349. RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE. The licensing agency shall inspect and provide technical assistance to residential care or assisted living facilities. The department may provide consulting services upon request to any residential care or assisted living facility to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by the facility.
History:
[39-3349, added 1990, ch. 116, sec. 2, p. 256; am. 2000, ch. 274, sec. 36, p. 824; am. 2005, ch. 280, sec. 27, p. 896.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3351 - EXEMPTIONS.

39-3351. EXEMPTIONS. The provisions of this chapter do not apply to any of the following:
(1) Any health facility as defined by chapter 13, title 39, Idaho Code.
(2) Any house, institution, hotel, congregate housing project, retirement home or other similar place that is limited to providing one (1) or more of the following: housing, meals, transportation, housekeeping, or recreational and social activities; or that has residents accessing supportive services from an entity approved to provide such services in Idaho and holding no legal ownership interest in the entity operating the facility.
(3) Any arrangement for the receiving and care of persons by a relative.
(4) Any similar facility determined by the director.
History:
[39-3351, added 1990, ch. 116, sec. 2, p. 256; am. 1996, ch. 207, sec. 18, p. 643; am. 2005, ch. 280, sec. 28, p. 897.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3352 - UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES.

39-3352. UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES. (1) No unlicensed residential care or assisted living facility shall operate in this state.
(2) A facility shall be deemed to be an "unlicensed residential care or assisted living facility" and "maintained and operated to provide services" if it is unlicensed and not exempt from licensure, and any one (1) of the following conditions is satisfied:
(a) The facility is, or is held out as or represented as, providing care, supervision and services.
(b) The facility accepts or retains residents who demonstrate the need for care, supervision, and services, as defined in this chapter or the rules adopted pursuant to this chapter.
(3) Upon discovery of an unlicensed residential care or assisted living facility, the department shall refer residents to the appropriate placement or adult protective services agency if either of the following conditions exist:
(a) There is an immediate threat to the resident’s health and safety.
(b) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.
(4) A person found to be operating a residential care or assisted living facility without a license shall be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed five thousand dollars ($5,000).
(5) In the event the county attorney in the county where the alleged violation occurred fails or refuses to act within thirty (30) days of notification of the violation, the attorney general is authorized to prosecute violations under the provisions of this section.
History:
[39-3352, added 1990, ch. 116, sec. 2, p. 256; am. 1993, ch. 373, sec. 10, p. 1352; am. 2000, ch. 274, sec. 38, p. 824; am. 2005, ch. 280, sec. 29, p. 897.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3354 - WAIVER OR VARIANCE.

39-3354. WAIVER OR VARIANCE. The board shall provide by rule a procedure whereby a temporary variance or a permanent waiver of a specific standard may be granted in the event that good cause is shown for such a variance or waiver and providing that a variance or waiver of a standard does not endanger the health and safety of any resident. The decision to grant a variance or waiver shall not be considered as precedent or be given any force or effect in any other proceeding.
History:
[39-3354, added 1990, ch. 116, sec. 2, p. 257; am. 2005, ch. 280, sec. 30, p. 898.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3354A - SPECIAL WAIVER PERMITTED.

39-3354A. SPECIAL WAIVER PERMITTED. The department may grant a special waiver of the requirement for licensure as a residential care or assisted living facility when it is deemed in the best interests of individuals and with due consideration of the following criteria:
(1) The individuals are residents of a facility operated by a nonprofit health care and/or housing organization established as such in the state of Idaho and satisfying the requirements of U.S. Internal Revenue Code section 501(c) as a nonprofit;
(2) The support services required by the individuals are furnished by an entity approved to provide such services in the state of Idaho in good standing as demonstrated by routine inspections required for the type of entity providing services;
(3) Facilities seeking such waivers and providing meal service shall be inspected and licensed as a food service establishment by the district health department unless the meal service is provided by a kitchen already part of a facility licensed by the department;
(4) The costs of obtaining the needed services from another source are significantly greater and/or would pose a significant hardship on these individuals.
Any waiver granted under this section shall be reviewed annually and is subject to inspection by the department to ensure safety and sanitation.
History:
[39-3354A, added 1998, ch. 188, sec. 1, p. 683; am. 2000, ch. 274, sec. 40, p. 825; am. 2005, ch. 280, sec. 31, p. 898.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3356 - COMPLAINTS.

39-3356. COMPLAINTS. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency.
(2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or applicable rules, regulations and standards. If the licensing agency reasonably believes a requirement of this chapter has been violated, it shall conduct an inspection of the facility.
(3) A complaint filed with the licensing agency which is subsequently released to the facility that is the subject of the complaint or to any member of the public shall not disclose the name or identifying characteristics of the complainant unless:
(a) The complainant consents in writing to the disclosure.
(b) The investigation results in a judicial proceeding and disclosure is ordered by the court.
(c) If the disclosure is essential to the investigation, the complainant shall be given an opportunity to withdraw the complaint before disclosure.
(4) The licensing agency shall inform the complainant or, if requested by the complainant, the complainant’s designated representative, of the results of the investigation and any action taken by the agency.
History:
[39-3356, added 1990, ch. 116, sec. 2, p. 257.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3357 - ENFORCEMENT PROCESS.

39-3357. ENFORCEMENT PROCESS. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility’s deficiencies:
(a) Immediately jeopardize the health or safety of its residents, the department shall take immediate action to remove the jeopardy and correct the deficiencies through the remedy specified in section 39-3358(1)(c), Idaho Code, or prohibit the facility from keeping or admitting residents and may provide, in addition, for one (1) or more of the other remedies described in section 39-3358, Idaho Code.
(b) Do not immediately jeopardize the health or safety of its residents, the department shall provide for one (1) or more of the remedies described in section 39-3358, Idaho Code.
(2) Nothing in this section shall be construed as restricting the remedies available to the department to remedy a facility’s deficiencies. If the department finds that a facility meets the requirements of this chapter, but, as of a previous period, intentionally did not meet such requirements, the department may provide for a civil money penalty under section 39-3358(1)(b), Idaho Code, for the days in which it finds that the facility was not in compliance with such requirements.
(3) Residential care or assisted living facilities may be cited only for a violation of a requirement that is specified in an applicable law or in a rule promulgated in compliance with an applicable law. Facilities may not be cited for an act that is not expressly proscribed by an applicable law or rule or for an omission when an applicable law or rule does not expressly require the conduct omitted. If the department requires a specific corrective action in relation to a citation, that requirement must be in writing and reference the corresponding rule.
History:
[39-3357, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 42, p. 826; am. 2016, ch. 210, sec. 1, p. 593.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT › Section 39-3358 - SPECIFIED REMEDIES.

39-3358. SPECIFIED REMEDIES. (1) The department shall establish at least the following remedies:
(a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis.
(b) A civil money penalty assessed and collected, with interest, for each day the facility is or was out of compliance with a requirement of this chapter. Funds collected by the department as a result of imposition of such a penalty shall be applied to the protection of the health or property of residents of residential or assisted living facilities that the department finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.
(c) The appointment of temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents, where there is a need for temporary management while:
(i) There is an orderly closure of the facility.
(ii) Improvements are made in order to bring the facility into compliance with all the requirements of this chapter.
(iii) The temporary management under this clause shall not be terminated until the department has determined that the facility has the management capability to ensure continued compliance with all the requirements of this chapter.
(d) The authority, in the case of an emergency, to summarily suspend the license, to close the facility, and/or to transfer residents in that facility to other facilities.
(2) The department shall also specify criteria as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies.
History:
[39-3358, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 43, p. 827.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3401 - SHORT TITLE.

39-3401. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."
History:
[39-3401, added 2007, ch. 30, sec. 2, p. 61.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3401A - STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS — DUTIES OF STATE DEPARTMENT OF HEALTH AND WELFARE — ENFORCEMENT AND PENALTIES.

39-3401A. STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS — DUTIES OF STATE DEPARTMENT OF HEALTH AND WELFARE — ENFORCEMENT AND PENALTIES. (1) In addition to any other duties and responsibilities, the director of the department of health and welfare shall register facilities for the storage and/or transport of human bodies or human body parts which are intended for research or for educational purposes. The director shall require such facilities to certify that the human body, part or parts to be supplied did not come from a person who has tested positive for acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, and that the test was negative for the presence of HIV antibodies or antigens, hepatitis or other communicable diseases as that term is defined in departmental administrative rule.
(2) All facilities referred to in this section shall provide to the department, on a form provided by the department, the following: a place of business, legal mailing address, and a description of the nature of the facility, including the mechanism or manner of acquisition, storage and transport of human bodies or human body parts.
(3) The board of health and welfare shall promulgate rules implementing the provisions of this section.
(4) The director may initiate a civil enforcement action through the attorney general as provided in this subsection. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this section or any rule or order that has become effective pursuant to this section. Such action may be brought to compel compliance with any provision of this section or with any rule or order promulgated hereunder. The director shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.
(5) Any person determined in a civil enforcement action to have violated any provision of this section or any rule or order promulgated pursuant to this section shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per violation. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this section shall be paid into the general fund of the state.
History:
[39-3401A, added 2008, ch. 256, sec. 1, p. 748.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3403 - APPLICABILITY.

39-3403. APPLICABILITY. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
History:
[39-3403, added 2007, ch. 30, sec. 2, p. 63.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3404 - WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR’S DEATH.

39-3404. WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR’S DEATH. Subject to section 39-3408, Idaho Code, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 39-3405, Idaho Code, by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(a) Emancipated; or
(b) At least fifteen (15) years of age, provided however, that if the donor is fifteen (15) years of age or older and less than eighteen (18) years of age, a parent or an adult guardian must consent in writing in the presence of the donor.
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; or
(4) The donor’s guardian.
History:
[39-3404, added 2007, ch. 30, sec. 2, p. 63; am. 2018, ch. 191, sec. 1, p. 417.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3405 - MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.

39-3405. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR’S DEATH. (1) A donor may make an anatomical gift:
(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
(d) As provided in subsection (2) of this section.
(2) A donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
(3) Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
History:
[39-3405, added 2007, ch. 30, sec. 2, p. 63.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3406 - AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.

39-3406. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR’S DEATH. (1) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke an anatomical gift by:
(a) A record signed by:
(i) The donor;
(ii) The other person; or
(iii) Subject to subsection (2) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(2) A record signed pursuant to subsection (1)(a)(iii) of this section must:
(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
(3) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(4) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
(5) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (1) of this section.
History:
[39-3406, added 2007, ch. 30, sec. 2, p. 64.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3407 - REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL.

39-3407. REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL. (1) An individual may refuse to make an anatomical gift of the individual’s body or part by:
(a) A record signed by:
(i) The individual; or
(ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(c) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
(2) A record signed pursuant to subsection (1)(a)(ii) of this section must:
(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to section 39-3405, Idaho Code, that is inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in section 39-3408(8), Idaho Code, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.
History:
[39-3407, added 2007, ch. 30, sec. 2, p. 65.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3408 - PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.

39-3408. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code.
(2) A donor’s revocation of an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code, is not a refusal and does not bar another person specified in section 39-3404 or 39-3409, Idaho Code, from making an anatomical gift of the donor’s body or part under section 39-3405 or 39-3410, Idaho Code.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code, another person may not make, amend or revoke the gift of the donor’s body or part under section 39-3410, Idaho Code.
(4) A revocation of an anatomical gift of a donor’s body or part under section 39-3406, Idaho Code, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 39-3405 or 39-3410, Idaho Code.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part for one (1) or more of the purposes set forth in section 39-3404, Idaho Code, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 39-3405 or 39-3410, Idaho Code.
(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
History:
[39-3408, added 2007, ch. 30, sec. 2, p. 65.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3409 - WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.

39-3409. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT’S BODY OR PART. (1) Subject to subsections (2) and (3) of this section and unless barred by section 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under section 39-3404(2), Idaho Code, immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(j) Any other person having the authority to dispose of the decedent’s body.
(2) If there is more than one (1) member of a class listed in subsection (1)(a), (c), (d), (e), (f), (g) or (i) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 39-3412, Idaho Code, knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.
History:
[39-3409, added 2007, ch. 30, sec. 2, p. 66.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3410 - MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.

39-3410. MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT’S BODY OR PART. (1) A person authorized to make an anatomical gift under section 39-3409, Idaho Code, may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under section 39-3409, Idaho Code, may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under section 39-3409, Idaho Code, may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
History:
[39-3410, added 2007, ch. 30, sec. 2, p. 67.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3411 - REQUIREMENTS FOR INFORMED CONSENT.

39-3411. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document of gift or other evidence of an individual’s intention to make or refuse to make an anatomical gift, the following information shall be provided to any person or persons, listed in section 39-3409, Idaho Code, approached for purposes of obtaining informed consent:
(1) A confirmation of the donor’s identity and his or her clinical terminal condition;
(2) A general description of the purposes of anatomical gift donation;
(3) Identification of specific organs and/or tissues, including cells, that are being requested for donation, provided that subsequent information on the specific gifts recovered shall be supplied;
(4) An explanation that the retrieved organs and/or tissues may be used for transplantation, therapy, medical research or educational purposes;
(5) A general description of the recovery process including, but not limited to, timing, relocation of the donor if applicable, and contact information;
(6) An explanation that laboratory tests and a medical and/or social history will be completed to determine the medical suitability of the donor and that blood samples from the donor will be tested for certain transmissible diseases, including testing for HIV antibodies or antigens;
(7) An explanation that the spleen, lymph nodes and blood may be removed, and cultures may be performed, for the purpose of determining donor suitability and donor and recipient capability;
(8) A statement granting access to the donor’s medical records and providing that the medical records may be released to other appropriate parties;
(9) An explanation that costs directly related to the evaluation, recovery, preservation and placement of the organs and/or tissues will not be charged to the family members of the donor;
(10) An explanation of the impact the donation process may have on burial arrangements and on the appearance of the donor’s body; and
(11) A statement that tissues or parts may be retrieved and/or used by for-profit procurement entities.
History:
[39-3411, added 2007, ch. 30, sec. 2, p. 67.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3413 - SEARCH AND NOTIFICATION.

39-3413. SEARCH AND NOTIFICATION. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer.
(2) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(a) A first responder finding the individual; and
(b) If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
(3) For all individuals identified as a donor, following the determination that an individual is deceased by a person qualified to do so, such person shall, as soon as reasonably possible, notify the Idaho state communication center of the location where the deceased will be or has been transported to and include the deceased individual’s name and date of birth if known. The Idaho state communication center shall, as soon as reasonably possible, notify the appropriate organ procurement organization, tissue bank or eye bank.
(4) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (2)(a) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(5) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.
History:
[39-3413, added 2007, ch. 30, sec. 2, p. 69; am. 2013, ch. 247, sec. 1, p. 597.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3414 - DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE.

39-3414. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE. (1) A document of gift need not be delivered during the donor’s lifetime to be effective.
(2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 39-3412, Idaho Code.
History:
[39-3414, added 2007, ch. 30, sec. 2, p. 69.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 34 - REVISED UNIFORM ANATOMICAL GIFT ACT › Section 39-3416 - COORDINATION OF PROCUREMENT AND USE.

39-3416. COORDINATION OF PROCUREMENT AND USE. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
History:
[39-3416, added 2007, ch. 30, sec. 2, p. 71.]