reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 90 - IDAHO HEALTH FREEDOM ACT › Section 39-9003 - STATEMENT OF PUBLIC POLICY.

39-9003. STATEMENT OF PUBLIC POLICY. (1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services free from the imposition of penalties, or the threat thereof, by the federal government of the United States of America relating thereto.
(2) It is hereby declared that the public policy of the state of Idaho, consistent with our constitutionally recognized and inalienable rights of liberty, is that every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty by the federal government of the United States of America.
(3) The policy stated herein shall not be applied to impair any right of contract related to the provision of health care services to any person or group.
History:
[39-9003, added 2010, ch. 46, sec. 1, p. 84.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 90 - IDAHO HEALTH FREEDOM ACT › Section 39-9004 - ENFORCEMENT.

39-9004. ENFORCEMENT. (1) No public official, employee, or agent of the state of Idaho or any of its political subdivisions, shall act to impose, collect, enforce, or effectuate any penalty in the state of Idaho that violates the public policy set forth in section 39-9003(2), Idaho Code.
(2) The attorney general shall take such action as is provided in section 67-1401(15), Idaho Code, in the defense or prosecution of rights protected under this act.
History:
[39-9004, added 2010, ch. 46, sec. 1, p. 85.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9101 - SHORT TITLE.

39-9101. SHORT TITLE. This chapter shall be known and may be cited as the "Behavioral Health Community Crisis Centers Act."
History:
[39-9101, added 2014, ch. 131, sec. 1, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9102 - DECLARATION OF POLICY AND INTENT.

39-9102. DECLARATION OF POLICY AND INTENT. (1) Citizens of Idaho experiencing a behavioral health crisis are often incarcerated, hospitalized or treated in hospital emergency departments because an appropriate level of care to meet their needs is not available.
(2) Hospital emergency departments, jails and law enforcement agencies in Idaho have become the default providers of crisis intervention to Idaho citizens with behavioral health disorders. Extensive resources are being unnecessarily expended by law enforcement and hospitals on behavioral health crisis services.
(3) It is the policy of this state that citizens with behavioral health disorders should not be needlessly incarcerated when no crime has been perpetrated or the crime is of a minor nature arising from a behavioral health disorder, crisis or incident.
(4) Therefore, it is the intent of the legislature that behavioral health community crisis centers, hereinafter referred to as crisis centers, be developed and operated, as funding is appropriated, to provide the appropriate level of care to meet the needs of Idahoans experiencing behavioral health crises.
(5) The crisis centers shall be available on a voluntary basis to individuals experiencing a behavioral health crisis. The centers shall provide transitional de-escalation, stabilization and community referral services only, and the centers shall not serve as inpatient or residential facilities.
(6) This chapter and any subsequent administrative rules shall not assume authority over other community efforts to assist Idahoans experiencing behavioral health crises.
History:
[39-9102, added 2014, ch. 131, sec. 1, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9103 - DEFINITIONS.

39-9103. DEFINITIONS. (1) "Behavioral health" means an integrated or combined system for evaluation and treatment of mental health and substance use disorders.
(2) "Behavioral health community crisis center" or "crisis center" means a voluntary outpatient facility operated twenty-four (24) hours a day, seven (7) days a week and three hundred sixty-five (365) days a year to provide evaluation, intervention and referral for individuals experiencing a crisis due to a behavioral health condition. The facility may not provide services to a client for more than twenty-three (23) hours and fifty-nine (59) minutes in a single episode of care.
(3) "Department" means the department of health and welfare.
(4) "Director" means the director of the department of health and welfare.
(5) "Region" means the administrative regions as defined by the department of health and welfare. Two (2) or more regions may consolidate for the purposes of this chapter. For the purposes of this chapter, regions will be consistent with judicial districts.
History:
[39-9103, added 2014, ch. 131, sec. 1, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9104 - GOVERNANCE OF BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS.

39-9104. GOVERNANCE OF BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS. (1) Crisis centers shall be directed by a board of directors. The board of directors shall guide the organization, implementation and operation of the crisis center.
(2) The board shall consist of no fewer than five (5) members and shall include, at a minimum, a local behavioral health consumer, a physician, law enforcement and a county commissioner from within the region.
(3) If the organization contracted for operation of the crisis centers is already governed by a board of directors, the board shall establish an advisory committee to advise it on the organization, implementation and operation of the crisis center.
(4) If the organization contracted for operation of the crisis center develops an advisory committee, the committee shall have no fewer than five (5) members and shall include a local behavioral health consumer, a physician, law enforcement and a county commissioner from within the region.
(5) The term of board or advisory committee membership, appointment authority for members and organizational structures shall be guided by bylaws, articles of incorporation or other policy directives established by the entity operating the facility.
(6) The department, as the state behavioral health authority established by section 39-3123, Idaho Code, shall oversee the crisis centers to ensure compliance with the intent of this chapter, application of the model, associated administrative rules and patient safety. The department shall be authorized to perform annual audits of crisis centers as necessary to fulfill its oversight responsibility.
History:
[39-9104, added 2014, ch. 131, sec. 1, p. 366.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9105 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER EVALUATION.

39-9105. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER EVALUATION. Each crisis center shall annually evaluate the effectiveness and cost efficacy of its center and submit a report of findings to the department of health and welfare by August 1 of each year. The department shall annually report findings of the crisis center evaluations to germane committees of the Idaho legislature.
History:
[39-9105, added 2014, ch. 131, sec. 1, p. 366.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9106 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER FUNDING.

39-9106. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER FUNDING. Subject to appropriation by the legislature, the department shall be responsible for administering, allocating and distributing all appropriations from the legislature for crisis centers.
History:
[39-9106, added 2014, ch. 131, sec. 1, p. 366.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9107 - COMMUNITY CONTRIBUTION.

39-9107. COMMUNITY CONTRIBUTION. Communities that receive state funding to establish a crisis center shall, to the maximum extent possible, contribute financial or in-kind support to the development and operation of the crisis center.
History:
[39-9107, added 2014, ch. 131, sec. 1, p. 366.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9108 - SERVICES TO BE NONDISCRIMINATORY — FEES.

39-9108. SERVICES TO BE NONDISCRIMINATORY — FEES. No regional crisis center shall refuse service to any person because of race, color, religion or because of inability to pay. Persons receiving services may be charged fees for the services they receive. The crisis center fee determination schedule shall be approved by the department of health and welfare. Fees collected by the crisis centers shall become part of their budget and utilized at the direction of the crisis center’s board or governance committee.
History:
[39-9108, added 2014, ch. 131, sec. 1, p. 366.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 91 - BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERS › Section 39-9109 - RULEMAKING AUTHORITY.

39-9109. RULEMAKING AUTHORITY. The director is authorized to promulgate rules necessary to implement the provisions of this chapter that are consistent with its provisions.
History:
[39-9109, added 2014, ch. 131, sec. 1, p. 367.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9201 - SHORT TITLE.

39-9201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Direct Primary Care Act."
History:
[39-9201, added 2015, ch. 291, sec. 1, p. 1164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9202 - PUBLIC POLICY.

39-9202. PUBLIC POLICY. It is the policy of the state of Idaho to promote personal responsibility for health care and the cost-effective delivery of medical services by encouraging innovative use of direct patient-provider practices for primary medical care. Direct patient-provider practices utilize a model of periodic fees for provider access and medical management over time, rather than simply a fee for visit or procedure service model. Some patients and individual primary care providers may wish to establish direct agreements with one another as an alternative to traditional fee-for-service care financed through health insurance. The purpose of this act is to confirm that direct patient-provider agreements that satisfy the provisions of this chapter do not constitute insurance.
History:
[39-9202, added 2015, ch. 291, sec. 1, p. 1164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9203 - DEFINITIONS.

39-9203. DEFINITIONS. For purposes of this chapter, the following definitions apply:
(1) "Direct fee" means an agreed-upon fee charged by a primary care provider as consideration for providing and being available to provide direct primary care services described in a direct primary care agreement.
(2) "Direct primary care agreement" means a written contract between a primary care provider and an individual patient or a patient’s representative in which the primary care provider agrees to provide direct primary care services to the patient over a specified period of time for payment of a direct fee.
(3) "Direct primary care services" means those services that a primary care provider is licensed or otherwise legally authorized to provide and may include, but are not limited to, such services as screening, assessment, diagnosis and treatment for the purpose of promoting health; detection, management and care of disease or injury; or routine preventive or diagnostic dental treatment. Such services may be provided in a primary care provider’s office, the patient’s home or other locations where a patient visit with the primary care provider needs to occur.
(4) "Patient" means a person who is entitled to receive direct primary care services under a direct care agreement.
(5) "Patient’s representative" means a person identified in section 39-4504(1)(a) through (g), Idaho Code.
(6) "Primary care provider" means a natural person licensed or otherwise legally authorized to provide health care services in the state of Idaho in the field of pediatrics, family medicine, internal medicine or dentistry, who provides such services either alone or in professional association with others in a form and within a scope permitted by such licensure or legal authorization for the provision of such services, and who enters into a direct primary care agreement.
History:
[39-9203, added 2015, ch. 291, sec. 1, p. 1164.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9204 - DIRECT PRIMARY CARE AGREEMENT PROVISIONS.

39-9204. DIRECT PRIMARY CARE AGREEMENT PROVISIONS. (1) A direct primary care agreement shall identify:
(a) The primary care provider and the patient;
(b) The general scope of services as well as the specific services to be provided by the primary care provider;
(c) The location or locations where services are to be provided;
(d) The amount of the direct fee and the time interval at which it is to be paid; and
(e) The term of the agreement and the conditions upon which it may be terminated by the primary care provider. The agreement shall be terminable at will by written notice from the patient to the primary care provider.
(2) If a party provides written notice of termination of the direct primary care agreement, the primary care provider shall refund to the patient all unearned direct fees within thirty (30) days following the notice of termination.
History:
[39-9204, added 2015, ch. 291, sec. 1, p. 1165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9205 - INSURANCE BILLING PROHIBITED.

39-9205. INSURANCE BILLING PROHIBITED. Neither the patient nor the primary care provider shall submit a bill to an insurer for the services provided under a direct primary care agreement.
History:
[39-9205, added 2015, ch. 291, sec. 1, p. 1165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9206 - AGREEMENTS NOT CLASSIFIED AS INSURANCE.

39-9206. AGREEMENTS NOT CLASSIFIED AS INSURANCE. Direct primary care agreements are not subject to regulation as insurance under title 41, Idaho Code.
History:
[39-9206, added 2015, ch. 291, sec. 1, p. 1165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9207 - DISCLAIMER.

39-9207. DISCLAIMER. A direct primary care agreement shall include the following disclaimer: "This agreement does not provide health insurance coverage, including the minimal essential coverage required by applicable federal law. It provides only the services described herein. It is recommended that health care insurance be obtained to cover medical services not provided for under this direct primary care agreement."
History:
[39-9207, added 2015, ch. 291, sec. 1, p. 1165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9208 - RESTRICTIONS ON TRANSFER.

39-9208. RESTRICTIONS ON TRANSFER. A direct primary care agreement may not be sold or transferred by the primary care provider without the written consent of the patient and may be transferred only to another primary care provider. A direct primary care agreement may not be sold to a group, employer or group of subscribers because it is an individual agreement between a primary care provider and a patient. These limitations do not prohibit the presentation of marketing materials to groups of potential patients or their representatives but said marketing materials are subject to chapter 6, title 48, Idaho Code.
History:
[39-9208, added 2015, ch. 291, sec. 1, p. 1165.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 92 - IDAHO DIRECT PRIMARY CARE ACT › Section 39-9209 - EFFECT OF THIS CHAPTER.

39-9209. EFFECT OF THIS CHAPTER. This chapter does not prohibit health care providers who are not primary care providers from entering into agreements with patients to the extent such agreements do not violate the provisions of title 41, Idaho Code.
History:
[39-9209, added 2015, ch. 291, sec. 1, p. 1166.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9301 - SHORT TITLE.

39-9301. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Unborn Infants Dignity Act."
History:
[39-9301, added 2016, ch. 368, sec. 1, p. 1078.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9302 - LEGISLATIVE FINDINGS AND PURPOSE.

39-9302. LEGISLATIVE FINDINGS AND PURPOSE. (1) The legislature of the state of Idaho finds that:
(a) Deceased unborn infants deserve the same respect and dignity as other deceased human beings.
(b) It continues to be the public policy of the state of Idaho to promote live childbirth over abortion. Permitting the sale, transfer, distribution or donation of the bodily remains of aborted infants, particularly for pecuniary gain, and the use of the remains of aborted infants for experimentation undermine that public policy as well as proper ethical standards of medical conduct.
(c) It is contrary to the public policy of the state of Idaho for an individual to become pregnant for the purpose of aborting an unborn infant and thereafter selling, transferring, distributing or donating the unborn infant’s bodily remains for experimentation or other use.
(2) Based on the findings in subsection (1) of this section, the purpose of this chapter is to:
(a) Prohibit the sale, transfer, distribution or other unlawful disposition of an unborn infant or the bodily remains of an aborted infant;
(b) Prohibit the use of bodily remains of aborted infants for experimentation;
(c) Ensure that the bodily remains of unborn infants whose death resulted from an occurrence other than abortion are not sold, transferred or distributed for experimentation without the mother’s informed, written consent; and
(d) In accordance with the provisions of this chapter, prohibit all Idaho institutions of higher education that receive public moneys from engaging in medical research using organs or tissue, including human embryonic stem cells, obtained from aborted infants.
History:
[39-9302, added 2016, ch. 368, sec. 1, p. 1078.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9303 - DEFINITIONS.

39-9303. DEFINITIONS. As used in this chapter:
(1) "Aborted infant" means a deceased unborn infant whose death was caused by abortion.
(2) "Abortion" has the same meaning as provided in section 18-604, Idaho Code.
(3) "Bodily remains" means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant’s mother.
(4) "Experiment" or "experimentation" means the use of bodily remains, including embryonic stem cells, or the use of an unborn infant intended to be aborted, in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis, but does not include:
(a) Diagnostic or remedial tests, procedures or observations that have the purpose of promoting the life or health of an unborn infant or of the mother of an unborn infant; or
(b) Pathological study.
(5) "Fetal death" means the death of an unborn infant prior to expulsion or extraction from the unborn infant’s mother, provided that the unborn infant reached a stage of development such that there are cartilaginous structures or fetal or skeletal parts. The unborn infant’s death is indicated by the fact that, after such expulsion or extraction, the unborn infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.
(6) "Final disposition" means the burial, cremation or other legal disposition of a deceased unborn infant.
(7) "Miscarriage" means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. The infant’s death is indicated by the fact that, after the expulsion or extraction of the unborn infant, the infant does not breathe or show any other evidence of life such as a heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles.
(8) "Pathological" means the examination of body tissue for diagnostic or forensic purposes and any related activities necessary to perform such a study. The term "study" includes any study or test, genetic or otherwise, to determine paternity or the cause of death.
(9) "Stillbirth" has the same meaning as provided in section 39-241, Idaho Code.
(10) "Unborn infant" has the same meaning as "fetus" and "unborn child" as provided in section 18-604, Idaho Code.
History:
[39-9303, added 2016, ch. 368, sec. 1, p. 1079.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9304 - RELEASE OF REMAINS FOR FINAL DISPOSITION.

39-9304. RELEASE OF REMAINS FOR FINAL DISPOSITION. In every instance of fetal death involving miscarriage or stillbirth, the individual in charge of the institution where the bodily remains of the deceased unborn infant were expelled or extracted, or the individual’s designee, shall notify the mother or the mother’s authorized representative that the mother has a right to direct the receipt and disposition of her deceased unborn infant’s bodily remains. Upon request by the mother or her authorized representative, the institution shall make arrangements for the release of the bodily remains to the mother or her authorized representative for final disposition in accordance with applicable law.
History:
[39-9304, added 2016, ch. 368, sec. 1, p. 1079.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9305 - MISCARRIAGE CERTIFICATES.

39-9305. MISCARRIAGE CERTIFICATES. The state registrar of vital statistics shall establish such forms and procedures as are necessary to file miscarriage certificates for unborn infants whose death occurred as a result of miscarriage. The filing of a miscarriage certificate shall be voluntary at the request of the unborn infant’s parent or parents and shall be filed only if the miscarriage is certified by a physician, a physician’s assistant or an advanced practice registered nurse.
History:
[39-9305, added 2016, ch. 368, sec. 1, p. 1080.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9306 - PROHIBITIONS.

39-9306. PROHIBITIONS. (1) Except as otherwise provided in this chapter, no person shall knowingly sell, transfer, distribute, donate, accept, use or attempt to use the body or bodily remains of an aborted infant.
(2) Except as otherwise provided in this chapter, no person shall knowingly aid or abet any such sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of the body or bodily remains of an aborted infant.
(3) Except as otherwise provided in this chapter, no person or public institution operating in Idaho shall knowingly use an unborn infant or the bodily remains or embryonic stem cells of an aborted infant in animal or human research, experimentation or study, or for transplantation, except:
(a) For diagnostic or remedial procedures that have the purpose of promoting the life or health of the unborn infant or the unborn infant’s mother;
(b) For pathological study; or
(c) For the applicable materials used in research projects and grants that were undertaken or made before July 1, 2016.
(4) Except as otherwise provided in this chapter, no person shall knowingly experiment upon an unborn infant who is intended to be aborted unless the experimentation is therapeutic to the unborn infant.
(5) The terms "transfer," "accept" and "acceptance" as used in this section do not apply to the transfer or acceptance of the body or bodily remains of an aborted infant for the sole purpose of lawfully disposing of the body or bodily remains of the aborted infant.
History:
[39-9306, added 2016, ch. 368, sec. 1, p. 1080; am. 2017, ch. 298, sec. 1, p. 796.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9307 - INFORMED CONSENT REQUIRED FOR CERTAIN EXPERIMENTATION.

39-9307. INFORMED CONSENT REQUIRED FOR CERTAIN EXPERIMENTATION. Bodily remains of an unborn infant whose death occurred as a result of miscarriage or stillbirth may be used for animal or human research, experimentation, study or transplantation only if the mother of the deceased unborn infant makes a signed, written statement declaring that:
(1) The mother donates the specific bodily remains for animal or human research, experimentation, study or transplantation;
(2) The donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of any bodily remains;
(3) The mother has not been informed of the identity of any individuals who may be recipients of transplantations of bodily remains;
(4) The mother understands her right to obtain the bodily remains for final disposition in accordance with the provisions of this act; and
(5) Full disclosure has been provided to the mother with regard to the attending physician’s interest, if any, in the research, experimentation, study or transplantation to be conducted with specific bodily remains.
History:
[39-9307, added 2016, ch. 368, sec. 1, p. 1080.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9308 - CRIMINAL PENALTIES.

39-9308. CRIMINAL PENALTIES. (1) A person who violates section 39-9306(1) or (2), Idaho Code, shall be guilty of a felony for each violation and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison for a term not to exceed five (5) years, or both.
(2) A person who violates section 39-9306(3) or (4), Idaho Code, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail not to exceed six (6) months, or both. Any person who pleads guilty to or is found guilty of a violation of section 39-9306(3) or (4), Idaho Code, who previously has pled guilty to or been found guilty of a violation of either such subsection, notwithstanding the form of the judgment or withheld judgment, shall be guilty of a felony and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison not to exceed one (1) year, or both.
History:
[39-9308, added 2016, ch. 368, sec. 1, p. 1081.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9309 - DUTIES OF THE ATTORNEY GENERAL AND PROSECUTORS.

39-9309. DUTIES OF THE ATTORNEY GENERAL AND PROSECUTORS. The Idaho attorney general or the appropriate prosecuting attorney may initiate actions or proceedings for a violation of any criminal provisions in this chapter.
History:
[39-9309, added 2016, ch. 368, sec. 1, p. 1081.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9310 - CIVIL AND ADMINISTRATIVE ACTIONS.

39-9310. CIVIL AND ADMINISTRATIVE ACTIONS. (1) In addition to the remedies available under the statutory or common laws of Idaho, failure to comply with the requirements of section 39-9306, Idaho Code, shall provide a basis for recovery of damages for the parent of an unborn infant or, if the mother is a minor, for the parent or guardian of the mother of an unborn infant, for the unlawful disposition of or experimentation on an unborn infant or on bodily remains.
(2) Any conviction of a health care provider for failure to comply with the requirements of section 39-9306, Idaho Code, shall result in the suspension of such provider’s license for a period of at least one (1) year, and such license shall be reinstated after that time only under such conditions as the Idaho board of medicine shall require to ensure compliance with this chapter.
History:
[39-9310, added 2016, ch. 368, sec. 1, p. 1081.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 93 - IDAHO UNBORN INFANTS DIGNITY ACT › Section 39-9311 - CONSTRUCTION.

39-9311. CONSTRUCTION. Nothing in this chapter shall be construed to create or recognize a right to abortion.
History:
[39-9311, added 2016, ch. 368, sec. 1, p. 1081.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9401 - SHORT TITLE.

39-9401. SHORT TITLE. This chapter shall be known and may be cited as the "Right to Try Act."
History:
[(39-9401) 39-9301, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9402 - LEGISLATIVE INTENT.

39-9402. LEGISLATIVE INTENT. It is the intent of the legislature to provide the opportunity for terminally ill patients to have access to certain investigational treatments without requiring another party, including a physician, manufacturer, insurer or government agency, to offer, provide or pay for such treatments. By enacting this chapter, the legislature intends only to permit these treatments to terminally ill patients in Idaho. It is not the intent of the legislature to create an obligation but to ensure that all persons or parties availing themselves of this chapter do so voluntarily. Due to the experimental nature of these treatments, it is further the intent of the legislature to protect physicians and other parties from civil, criminal or professional liability relating to the treatments.
History:
[(39-9402) 39-9302, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9404 - INVESTIGATIONAL DRUGS — RIGHT TO TRY AND PROVIDE.

39-9404. INVESTIGATIONAL DRUGS — RIGHT TO TRY AND PROVIDE. (1) An eligible patient may request, and a manufacturer may make available to an eligible patient under the supervision of the patient’s treating physician, the manufacturer’s investigational drug, biological product or device, which drug, product or device shall be clearly labeled as investigational; provided however, that this chapter does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.
(2) A manufacturer may:
(a) Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or
(b) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product or device.
History:
[(39-9404) 39-9304, added 2016, ch. 168, sec. 1, p. 467; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9405 - NO COVERAGE OBLIGATION.

39-9405. NO COVERAGE OBLIGATION. (1) This chapter does not expand the coverage required of an insurer under the laws of this state.
(2) A health plan, third-party administrator or government agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product or device or the cost of services related to the use of an investigational drug, biological product or device.
(3) This chapter does not require any health plan, third-party administrator or government agency to pay costs associated with the use of an investigational drug, biological product or device.
(4) This chapter does not require a hospital or facility licensed in this state to provide new or additional services unless such services are approved by the hospital or facility.
History:
[(39-9405) 39-9305, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9406 - HEIRS NOT LIABLE FOR TREATMENT DEBT.

39-9406. HEIRS NOT LIABLE FOR TREATMENT DEBT. If a patient dies while being treated by an investigational drug, biological product or device under the terms of this chapter, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
History:
[(39-9406) 39-9306, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9407 - PROHIBITIONS.

39-9407. PROHIBITIONS. (1) A licensing board or disciplinary body of this state shall not revoke, fail to renew, suspend or take any action against a health care provider’s license based solely on the provider’s recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device as allowed under this act.
(2) An entity responsible for medicare certification shall not take action against a health care provider’s medicare certification based solely on the health care provider’s recommendation that a patient have access to an investigational drug, biological product or device as allowed under this act.
(3) An official, employee or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product or device as allowed under this act.
History:
[(39-9407) 39-9307, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9408 - LIMITATIONS.

39-9408. LIMITATIONS. (1) This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against a physician or any other person or entity involved in the care of an eligible patient using an investigational drug, biological product or device for any harm done to the eligible patient resulting from the investigational drug, biological product or device, provided that the manufacturer, physician, or person or entity has exercised reasonable care and complied in good faith with the terms of this chapter.
(2) This chapter does not create a private cause of action against a treating physician who refuses to recommend an investigational drug, biological product or device to a patient with a terminal illness.
History:
[(39-9408) 39-9308, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 94 - RIGHT TO TRY ACT › Section 39-9409 - MANDATORY COVERAGE NOT AFFECTED.

39-9409. MANDATORY COVERAGE NOT AFFECTED. This chapter does not affect any mandatory health care coverage for participation in clinical trials provided elsewhere by law.
History:
[(39-9409) 39-9309, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9501 - SHORT TITLE.

39-9501. SHORT TITLE. This act shall be known and may be cited as the "Abortion Complications Reporting Act."
History:
[39-9501, added 2018, ch. 225, sec. 1, p. 509.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9503 - DEFINITIONS.

39-9503. DEFINITIONS. As used in this chapter:
(1) "Abortion" shall have the same meaning as provided in section 18-502, Idaho Code.
(2) "Complication" means any of the following, if it constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion:
(a) Uterine perforation or injury to the uterus;
(b) Injury or damage to any organ;
(c) Cervical perforation or injury to the cervix;
(d) Infection;
(e) Heavy or excessive bleeding;
(f) Hemorrhage;
(g) Blood clots;
(h) Blood transfusion;
(i) Failure to actually terminate the pregnancy;
(j) Incomplete abortion or retained tissue;
(k) Weakness, nausea, vomiting or diarrhea that lasts more than twenty-four (24) hours;
(l) Pain or cramps that do not improve with medication;
(m) A fever of one hundred and four-tenths (100.4) degrees or higher for more than twenty-four (24) hours;
(n) Hemolytic reaction due to the administration of ABO-incompatible blood or blood products;
(o) Hypoglycemia where onset occurs while the patient is being cared for in the abortion facility;
(p) Pelvic inflammatory disease;
(q) Endometritis;
(r) Missed ectopic pregnancy;
(s) Cardiac arrest;
(t) Respiratory arrest;
(u) Renal failure;
(v) Metabolic disorder;
(w) Shock;
(x) Embolism;
(y) Coma;
(z) Placenta previa or preterm delivery in subsequent pregnancies;
(aa) Free fluid in the abdomen;
(bb) Adverse or allergic reaction to anesthesia or other drugs;
(cc) Subsequent development of breast cancer;
(dd) Death;
(ee) Any psychological or emotional condition reported by the patient, such as depression, suicidal ideation, anxiety or a sleeping disorder; or
(ff) Any other adverse event as defined by the federal food and drug administration criteria provided in the medwatch reporting system.
(3) "Department" means the state department of health and welfare.
(4) "Facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical center or other institution or location where medical care is provided to any person.
(5) "Hospital" means any institution licensed as a hospital pursuant to chapter 13, title 39, Idaho Code.
(6) "Medical practitioner" means a licensed medical care provider capable of making a diagnosis within the scope of such provider’s license.
(7) "Pregnant" or "pregnancy" means the reproductive condition of having an unborn child in the uterus.
History:
[39-9503, added 2018, ch. 225, sec. 1, p. 510; am. 2019, ch. 50, sec. 1, p. 135.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9505 - REPORTING FORMS.

39-9505. REPORTING FORMS. The department shall create the forms required by this chapter within sixty (60) days after the effective date of this chapter. Such forms shall provide for the reporting of information required by section 39-9504(2), Idaho Code. No provision of this chapter requiring the reporting of information on forms published by the department shall be applicable until ten (10) days after the requisite forms are first created or until the effective date of this chapter, whichever is later.
History:
[39-9505, added 2018, ch. 225, sec. 1, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9506 - PENALTIES AND PROFESSIONAL SANCTIONS.

39-9506. PENALTIES AND PROFESSIONAL SANCTIONS. (1) Any person who willfully delivers or discloses to the department any report, record or information required pursuant to this chapter and known by him or her to be false is guilty of a misdemeanor.
(2) Any person who willfully discloses any information obtained from reports filed pursuant to this chapter, other than the disclosure authorized by this chapter or otherwise authorized by law, is guilty of a misdemeanor.
(3) Any person required under this chapter to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or rule, is:
(a) Guilty of unprofessional conduct, and his or her professional license is subject to discipline in accordance with procedures governing his or her license; and
(b) Subject to a civil fine of five hundred dollars ($500) for each instance of failure to report, if such person is a medical practitioner responsible for filing an adverse reaction report with the department.
(4) In addition to the above penalties, any facility that willfully violates any of the requirements of this chapter shall:
(a) In the case of a first violation, be subject to a civil fine of one thousand dollars ($1,000) for each instance of failure to report;
(b) Have its license suspended for a period of six (6) months for the second violation; and
(c) Have its license suspended for a period of one (1) year upon a third or subsequent violation.
History:
[39-9506, added 2018, ch. 225, sec. 1, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9507 - CONSTRUCTION.

39-9507. CONSTRUCTION. (1) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.
(2) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.
History:
[39-9507, added 2018, ch. 225, sec. 1, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9508 - RIGHT OF INTERVENTION.

39-9508. RIGHT OF INTERVENTION. The legislature, by concurrent resolution, may appoint one (1) or more of its members who sponsored or co-sponsored this chapter in his or her official capacity, or other member or members if the original sponsors and co-sponsors are no longer serving, to intervene as a matter of right in any case in which the constitutionality of this law is challenged.
History:
[39-9508, added 2018, ch. 225, sec. 1, p. 513.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 95 - ABORTION COMPLICATIONS REPORTING ACT › Section 39-9509 - SEVERABILITY.

39-9509. SEVERABILITY. 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:
[39-9509, added 2018, ch. 225, sec. 1, p. 514.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 97 - IDAHO ENERGY CONSERVATION CODE › Section 39-9701 - IDAHO ENERGY CONSERVATION CODE.

39-9701. IDAHO ENERGY CONSERVATION CODE. (1) On and after July 1, 2022, the Idaho state energy code shall be the 2018 international energy conservation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature. The international energy conservation code, together with such amendments, revisions, or modifications as approved by the Idaho building code board through rulemaking conducted pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and approved by the legislature, shall collectively constitute and be named the Idaho energy conservation code and shall be deemed approved by the Idaho building code board and the legislature.
(2) The provisions of this chapter preempt, eliminate, and prohibit any cities, counties, incorporated or unincorporated areas, special use districts, or any other local governmental entities of any kind from adopting energy code or energy-related requirements through any code, ordinance, process, policy, or guidance that differ from or are more extensive than the requirements of the Idaho energy conservation code as provided for in this chapter. The provisions of this chapter shall not apply to chapter 1 of the 2018 international energy conservation code with respect to the administrative processes of any city, county, incorporated or unincorporated area, special use district, or any other local governmental entity.
(3) This chapter shall apply to codes or amendments adopted by local jurisdictions prior to, on, or after July 1, 2022.
History:
[39-9701, added 2022, ch. 302, sec. 1, p. 956; am. 2023, ch. 236, sec. 1, p. 733.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 98 - ESSENTIAL CAREGIVERS › Section 39-9801 - DEFINITIONS.

39-9801. DEFINITIONS. As used in this chapter:
(1) "Assistance" means aid in meeting daily living needs.
(2) "Essential caregiver" means a person or persons designated by a patient or resident to visit the patient or resident in person at a facility.
(3) "Facility" means an institution providing health care services, a health care setting, or a setting in which to receive assistance, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, nursing facilities, skilled nursing centers, residential treatment centers, rehabilitation and other therapeutic health settings, or assisted living facilities.
(4) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(5) "Patient" means a person receiving health care services at a facility.
(6) "Resident" means a person receiving assistance at a facility.
History:
[(39-9801) 39-9701, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 98 - ESSENTIAL CAREGIVERS › Section 39-9802 - LEGISLATIVE INTENT.

39-9802. LEGISLATIVE INTENT. In enacting this chapter, it is the intent of the legislature to guarantee and protect the right of Idahoans to be visited by essential caregivers of their choosing when staying in a health care or assistance facility.
History:
[(39-9802) 39-9702, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 98 - ESSENTIAL CAREGIVERS › Section 39-9803 - RIGHT TO ESSENTIAL CAREGIVERS.

39-9803. RIGHT TO ESSENTIAL CAREGIVERS. (1) A patient or resident has the right to in-person visitation from an essential caregiver while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit and the number of essential caregivers who may visit at the same time. For purposes of this subsection, a restriction is reasonable if the restriction:
(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and
(b) Does not interfere with the patient’s or resident’s general right to visitation by essential caregivers.
(2) A facility that provides or intends to provide health care services or assistance must:
(a) When practicable, notify a potential patient or resident of the right to designate essential caregivers prior to admission to the facility;
(b) Provide each patient or resident an opportunity to designate essential caregivers; and
(c) Accommodate a patient’s or resident’s request to have essential caregivers visit within the limits prescribed by this section. If the patient or resident is a minor or incapacitated, visitation requests must be approved by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or conservator.
History:
[(39-9803) 39-9703, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 99 - DOWN SYNDROME DIAGNOSIS INFORMATION ACT › Section 39-9901 - SHORT TITLE.

39-9901. SHORT TITLE. This chapter shall be known and may be cited as the "Down Syndrome Diagnosis Information Act."
History:
[(39-9901) 39-9701, added 2022, ch. 80, sec. 1, p. 227; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]