Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.010 - DEFINITIONS

Current through August 31, 2023
The following terms are used in this chapter as defined below:
				(3-17-22)
01.
Central
			 Office
. The state-level administrative office of the Department of
			 Health and Welfare located in Boise, Idaho. (3-17-22)
02.
Department
. The Idaho
			 Department of Health and Welfare. (3-17-22)
03.
Director
. The Director of
			 the Idaho Department of Health and Welfare or their designee.
			 (3-17-22)
04.
Family and
			 Children's Services (FACS)
. Those programs and services directed to
			 families and children, administered by the Department of Health and Welfare.
			 (3-17-22)
05.
Field
			 Office
. A Department of Health and Welfare service delivery site.
			 (3-17-22)
06.
Infant
.
			 An infant less than one (1) year of age or older than one (1) year of age but
			 less than two (2) years of age who has been continuously hospitalized since
			 birth, who was born extremely prematurely, or who has a long-term disability.
			 (3-17-22)
07.
Infant --
			 Extremely Premature
. An infant born before the twenty-seventh week or
			 weighing less than one thousand (1,000) grams or having a crown-heel length
			 that is less than forty-seven (47) centimeters or with occipito-frontal
			 diameter less than eleven and one-half (11.5) centimeters. (3-17-22)
08.
Reasonable Medical Judgment
.
			 A medical judgment that would be made by a reasonably prudent physician,
			 knowledgeable about the case and the treatment possibilities with respect to
			 the medical conditions involved. Such a judgment may not take into account the
			 future extent of the infant's disability or social or economic factors related
			 to the infant or family. (3-17-22)
09.
Regional Office
. An Idaho
			 Department of Health and Welfare office located in one (1) of seven (7) areas
			 of the state that comprises a geographically defined service area for the
			 administration and delivery of the Department's services. (3-17-22)
10.
Withholding of Medically Indicated
			 Treatment
. (3-17-22)
a. The failure to
			 respond to the infant's life-threatening conditions by providing treatment,
			 including appropriate nutrition, hydration and medication which, in the
			 treating physician's reasonable medical judgment, will most likely be effective
			 in ameliorating or correcting all such conditions. (3-17-22)
b. The term does not include the failure to
			 provide treatment, other than appropriate nutrition, hydration, or medication,
			 to an infant when, in the treating physician's reasonable medical judgment, any
			 of the following circumstances apply: (3-17-22)
i. The infant is chronically and irreversibly
			 comatose; or (3-17-22)
ii. The
			 provision of such treatment would merely prolong dying, would not be effective
			 in ameliorating or correcting all of the infant's life-threatening conditions,
			 or would otherwise be futile in terms of the survival of the infant; or
			 (3-17-22)
iii. The provision of
			 such treatment would be virtually futile in terms of the survival of the
			 infant, and the treatment itself under such circumstances would be inhumane.
			 (3-17-22)