reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › SOLO EXPERIENCES IN OUTDOOR PROGRAMS › Section 16.04.18.552 - PLAN

Current through August 31, 2023
There must be a plan for the solo component, and an
				  individual solo plan for each child. The plans must be documented and approved
				  to ensure that the children are not exposed to unreasonable risks. The plans
				  must include: (4-6-23)
01.
Individual Solo Plan
. The goals, methods, techniques to be used, and
				time frames will be listed for each participant and each individual plan will
				be reviewed with the child and signed and dated by the child and the designated
				staff member. (4-6-23)
02.
Ability
. There will be consideration of the maturity level, health,
				physical ability, and emotional state of the child. (4-6-23)
03.
Preparation
. The child will
				be instructed on the solo experience, including expectations, restrictions,
				communication, environment, and emergency procedures. (4-6-23)
04.
Backup Plan
. There will be
				documented instructions for a backup plan in case the child's plan does not
				work. (4-6-23)
05.
Responsible Staff
. A designated staff member will be responsible for
				coordination and implementation of the plan. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › SOLO EXPERIENCES IN OUTDOOR PROGRAMS › Section 16.04.18.553 - SOLO SITES

Current through August 31, 2023
Staff must be familiar with the site chosen to conduct solos.
				  The following requirements apply: (4-6-23)
01.
Pre-Site Investigation
. A
				pre-site investigation will be conducted and mapped prior to the solo
				experience. The site will be checked at the time the child is placed to assure
				that no changes in the environment have taken place since the pre-site
				investigation that may put the child at risk. (4-6-23)
02.
Hazardous Conditions
. Any
				hazardous conditions, including terrain, are to be considered prior to
				selecting a solo site, considering the age, physical, developmental, and
				psychological issues of the children in the solo experience. (4-6-23)
03.
Mapping and Site
				Coordinates
. The selected site will be mapped and the site coordinates
				will be recorded. The map and the site coordinates will be maintained at the
				solo site and communicated to the base camp prior to leaving for the solo
				component. (4-6-23)
04.
Supplies
. Arrangements will be made prior to the solo experience for
				medication, food, and water drop-offs if needed. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › SOLO EXPERIENCES IN OUTDOOR PROGRAMS › Section 16.04.18.554 - SUPERVISION

Current through August 31, 2023
Plans for supervision must be in place during the solo
				  experience, and require: (4-6-23)
01.
Assigned Staff
. The assignment of a specific staff member to be
				responsible for supervising each solo participant. (4-6-23)
02.
Observation
. A predetermined
				procedure for observation that always ensures the child's health, safety, and
				wellbeing, that includes: (4-6-23)
a. Placing
				children at a distance from each other and the central staff site to allow for
				appropriate supervision and emergency communication; (4-6-23)
b. Placing children requiring special
				attention closer to the central staff site; (4-6-23)
c. Clearly defining physical boundaries and
				any other restrictions; (4-6-23)
d.
				Instructing children to not participate in potentially dangerous activities;
				(4-6-23)
e. Notification and
				check-in systems; (4-6-23)
f.
				Visual checks; and (4-6-23)
g.
				Checking the participant's emotional and physical condition daily.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › SOLO EXPERIENCES IN OUTDOOR PROGRAMS › Section 16.04.18.555 - EMERGENCY PROCEDURES

Current through August 31, 2023
In addition to the requirements under Section
				  525 of these rules, solo emergency
				  plans must include: (4-6-23)
01.
Instruction
. Instructing participants on the safety and emergency
				procedures, including evacuation routes. (4-6-23)
02.
Communication
. Providing
				each participant with signaling capabilities, including a whistle, for
				emergency notification. (4-6-23)
03.
Participant Response
.
				Instructing participants on how to respond if the emergency notification system
				is put into use, including each participant's requirement to check into the
				central staff site. (4-6-23)
04.
Check-In
. Provide a check-in system should an emergency occur that
				includes notification to the base camp and an accounting of each participant's
				whereabouts and safety. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › STATIONARY OUTDOOR PROGRAMS › Section 16.04.18.560 - STATIONARY OUTDOOR PROGRAMS

Current through August 31, 2023
An outdoor program that maintains a designated location for
				  the housing of children is considered stationary and must be subject to
				  additional fire, health, and safety standards. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › STATIONARY OUTDOOR PROGRAMS › Section 16.04.18.561 - FIRE SAFETY REQUIREMENTS

Current through August 31, 2023
A stationary outdoor camp must be inspected by a state
				  certified fire inspector before being occupied and annually thereafter, with a
				  copy of the inspection maintained. The inspection requires: (4-6-23)
01.
Fire Extinguishers
. One (1)
				2-A-10BC type fire extinguisher must be in each of the following locations:
				(4-6-23)
a. On each floor in any building that
				houses children; (4-6-23)
b. In any
				room where cooking or heating occurs; (4-6-23)
c. In a group of tents within a seventy-five
				(75) foot travel distance; and (4-6-23)
d. Each fire extinguisher will be inspected
				annually by a fire extinguisher service agency. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › STATIONARY OUTDOOR PROGRAMS › Section 16.04.18.562 - HEALTH SAFETY REQUIREMENTS

Current through August 31, 2023
A stationary outdoor camp must be inspected by the applicable
				  Public Health District before being occupied and annually thereafter with a
				  copy of the inspection maintained. The inspection requires: (4-6-23)
01.
Food
. Food is stored,
				prepared, and served in a manner that is protected from contamination.
				(4-6-23)
02.
Water
				Supply
. The water supply will be from a source that is accepted by the
				local health authority under IDAPA 58.01.08, "Idaho Rules for Public Drinking
				Water Systems," at the time of application and for annual renewal of such
				licenses. (4-6-23)
03.
Sewage Disposal
. Sewage will be disposed of through a public system, or
				in absence of a public system, in a manner approved by the local health
				authority under IDAPA 58.01.03, "Individual/Subsurface Sewage Disposal Rules."
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › Section 16.05.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Department of Health and Welfare and the Board of
				Health and Welfare have authority to promulgate rules governing the use and
				disclosure of Department records, according to Sections
				39-242,
				56-221,
				56-222, 56- 1003, and 56-1004,
				Idaho Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › Section 16.05.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.05.01, "Use and Disclosure of
			 Department Records." (3-17-22)
02.
Scope
. These rules govern the use and disclosure of information
			 maintained by the Department, in compliance with applicable state and federal
			 laws, and federal regulations. (3-17-22)
a.
			 These rules apply to all Department employees, contractors, providers of
			 services, and other individuals or entities who request or use that
			 information. (3-17-22)
b. These
			 rules apply to all use and disclosure information, regardless of the form in
			 which it is retained or disclosed. (3-17-22)
c. All individuals and entities must comply
			 with any standards in state or federal law or regulation that contain
			 additional requirements, or are more restrictive than the requirements of these
			 rules. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › Section 16.05.01.007 - DISTRICT COURT APPEALS, COMPLAINTS AND REQUESTS FOR RECONSIDERATION

Current through August 31, 2023
The confidentiality of health information is defined in part by
				the Health Insurance Portability and Accountability Act (HIPAA), Sections
				262 and
				264 of Public Law 104-191,
				42 USC
				1320d,
				110 Statutes at Large 2033-4, and
				45 CFR Sections
				160 and
				164. (3-17-22)
01.
Appeals to District Court
.
			 Anyone who is aggrieved by a denial of disclosure or amendment of a public
			 record may file an appeal in the appropriate district court in compliance with
			 the Idaho Public Records Act, Title 74, Chapter 1, Idaho Code.
			 (3-17-22)
02.
Complaints to
			 Privacy Officer
. Individuals who are dissatisfied with a Department
			 decision regarding confidential information may file a written complaint with
			 the Department's Privacy Officer. Complaints must be submitted to the
			 Department's Privacy Officer at the mailing address for the Department's
			 business office. The Privacy Officer determines if a complaint is valid and
			 makes a recommendation for its resolution to the Department within twenty-eight
			 (28) days after the complaint is received. (3-17-22)
a. Secretary of Health and Human Services
			 (HHS). Complaints that involve the use and disclosure of health information may
			 also be submitted to the Secretary of Health and Human Services at the
			 following address: The U.S. Department of Health and Human Services, 200
			 Independence Avenue, S.W., Washington, DC 20201. (3-17-22)
b. Time for filing complaints. Complaints
			 must be filed within one hundred eighty (180) days from the date of the alleged
			 violation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › Section 16.05.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Authorization
. A
			 time-limited written consent for the disclosure of confidential information to
			 a specific individual or entity outside the Department, and outside of normal
			 business processes for providing Department services. (3-17-22)
02.
Confidential Information
.
			 Information that may only be used or disclosed as provided by state or federal
			 law, federal regulation, or state rule. (3-17-22)
03.
Consent
. Permission to use
			 or disclose confidential information. Consent may be inferred from the
			 circumstances. (3-17-22)
04.
Department
. The Idaho Department of Health and Welfare.
			 (3-17-22)
05.
Guardian ad
			 Litem
. The person appointed by the court, according to law, to protect
			 the interest of a minor or an incompetent in a case before the court.
			 (3-17-22)
06.
Health
			 Information
. Identifying information about the past, present or future:
			 (3-17-22)
a. Physical or mental health or
			 condition of an individual; (3-17-22)
b. Provision of health care to an individual;
			 or (3-17-22)
c. Payment for health
			 care for an individual. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › Section 16.05.01.011 - DEFINITIONS FOR VITAL STATISTICS

Current through August 31, 2023
The definitions provided in Subsection
				011 of these rules apply to Vital
				Statistics and to the disclosure provisions of Section
				39-270, Idaho Code.
				(3-17-22)
01.
Authorized
			 Representative
. An attorney, physician, funeral director, a legally
			 designated agent, or an entity whose purpose for obtaining a vital record is to
			 pay direct benefits to a person with a direct and tangible interest defined in
			 Subsection 011.03 of this rule.
			 (3-17-22)
02.
Certificate
. A certificate of birth, death, stillbirth,
			 miscarriage, marriage, or divorce, filed pursuant to law, excluding information
			 contained in the statistical section of any record. (3-17-22)
03.
Individuals with a Direct and
			 Tangible Interest
. Individuals who have a direct and tangible interest
			 in a vital record are: (3-17-22)
a. The
			 registrant and that person's spouse, children, parents, grandparents,
			 grandchildren, siblings, or guardian; (3-17-22)
b. Any other person who demonstrates that the
			 record is needed for the determination or protection of that person's property
			 right; (3-17-22)
c. An authorized
			 representative of any of these individuals; (3-17-22)
d. The surviving next-of-kin if a deceased
			 registrant has no other surviving family member listed in this subsection;
			 (3-17-22)
e. The Idaho Attorney
			 General, and state and federal prosecuting attorneys, if such attorney submits
			 an affidavit affirming that the record is necessary in the furtherance of the
			 attorney's official law enforcement duties, is not reasonably available from
			 another source, and that reasonable steps will be taken to preserve the
			 confidentiality of the record; (3-17-22)
f. Any person, upon the order of an Idaho
			 court of competent jurisdiction, where the court finds that disclosure of the
			 record is necessary in the interests of justice; and (3-17-22)
g. Any person with the right to control the
			 disposition of remains of a deceased person or to determine provisions not
			 clearly covered in a prearranged funeral plan as authorized in Section
			 54-1142(1)  Idaho
			 Code, in accordance with Section
			 39-270(b), Idaho
			 Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.050 - CONSENT TO GATHER, USE AND DISCLOSE INFORMATION

Current through August 31, 2023
When individuals, legal representatives or informal
				  representatives sign an application, they consent for the Department to gather,
				  use and disclose information as needed for an individual to receive Department
				  benefits or services. If none of these individuals provides a consent on an
				  application, service may be denied. An informal representative may only consent
				  to the disclosure of confidential information when permitted by these rules.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.051 - AUTHORIZATION FOR THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION

Current through August 31, 2023
An authorization for the use and disclosure of confidential
				  information must be in writing, and identify the individual who is the subject
				  of the record. (3-17-22)
01.
Content of Authorization
. An authorization must be dated and signed by
				the individual or legal representative, and: (3-17-22)
a. Identify the specific information
				involved; (3-17-22)
b. State the
				duration of the authorization, defined by a specific date or the description of
				an event; (3-17-22)
c. Identify the
				recipient of the information; and (3-17-22)
d. State the purpose for the authorization,
				or state that it is, "At the request of the individual," or similar wording.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.075 - USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION

Current through August 31, 2023
Without a consent or an authorization, no one may use or
				  disclose health or other confidential information except as provided in Section
				  100 of this chapter. With a consent
				  or an authorization, confidential information will be used or disclosed only on
				  a need-to-know basis and to the extent minimally necessary for the conduct of
				  the Department's business and the provision of benefits or services, subject to
				  law and the exceptions listed in these rules. Recipients of information must
				  protect against unauthorized disclosure or use of the information for purposes
				  that are not specified in a consent or an authorization. Access to an
				  individual's own records is governed by Section
				  125 of this chapter. Specific
				  consent and disclosure requirements are identified in Sections
				  200 through
				  283 of these rules.
				  (3-17-22)
01.
Identity
.
				Any individual who requests to review, copy, restrict or amend confidential
				information, or to sign an authorization, must provide verification of
				identity, and where appropriate, present proof that the individual is a legal
				representative of the subject of the record. Except for verifications or
				requests for certified copies of vital records, requests submitted by mail must
				be notarized if necessary to identify the individual's signature.
				(3-17-22)
02.
Order of Court
				or Hearing Officer
. If information is subpoenaed in a civil, criminal or
				administrative action, the Department will provide such information as would be
				disclosed with a public records request, without an order from the court or
				hearing officer. Alternatively, the Department may submit the record with a
				request for a review solely by the judge or hearing officer, and an order
				appropriately limiting its use by the parties. If Department staff have reason
				to believe that release of a record through a public records request may be
				detrimental to any individual, the Department may seek a protective order.
				(3-17-22)
03.
Referent
. Unless the individual is a witness in litigation, identifying
				information must not be disclosed about an individual who reported concerns
				relating to any Department responsibility, including: (3-17-22)
a. Fraud; (3-17-22)
b. Abuse, neglect or abandonment of a child;
				(3-17-22)
c. Abuse, neglect or
				abandonment of a vulnerable adult; (3-17-22)
d. Concerns about the mental health of
				another; and (3-17-22)
e. Certified
				family homes, unless the complainant consents to disclosure in writing or
				disclosure is required in any administrative or judicial proceeding, in
				compliance with Section
				74-105(16), Idaho
				Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.100 - EXCEPTIONS TO REQUIREMENT FOR AUTHORIZATION

Current through August 31, 2023
Confidential information will be released without an
				  authorization to individuals and entities in compliance with a court order, or
				  if they are legally authorized to receive it. The following are exceptions to
				  the requirement for an authorization: (3-17-22)
01.
Advocates and Guardians
.
				Federally-recognized protection and advocacy agencies or duly appointed
				guardians ad litem have access to an individual's file as necessary to perform
				their legal functions. Guardians ad litem have access to records as provided in
				Section 16-1634, Idaho Code, except for:
				(3-17-22)
a. Drug abuse and sickle cell
				anemia records maintained by the Veteran's Administration (VA), as required by
				38 USC Section
				7332; (3-17-22)
b. Claims under laws administered by the VA
				as required by 38 USC
				Section 3301; and (3-17-22)
c. Drug abuse prevention programs that
				receive federal assistance, as required by
				42 USC Section
				290ee -
				3. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.101 - ABUSE, NEGLECT, OR DOMESTIC VIOLENCE

Current through August 31, 2023
Health information may be disclosed to a law enforcement
				  officer if the victim of abuse, neglect, or domestic violence agrees to the
				  disclosure. (3-17-22)
01.
Incapacity of Victim
. If the victim is unable to agree because of
				incapacity, health information will be disclosed if the officer states:
				(3-17-22)
a. That the information is not
				intended to be used against the victim; and (3-17-22)
b. That immediate enforcement activity would
				be materially and adversely affected by waiting for the victim's agreement.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.102 - VICTIM OF OTHER CRIME

Current through August 31, 2023
Health information may be disclosed in response to a law
				  enforcement official's request about a victim or suspected victim of a crime
				  other than those listed in Section
				  101 of these rules, if the
				  individual agrees to the disclosure. (3-17-22)
01.
Incapacity of Victim or Emergency
				Circumstance
. If the individual is unable to agree because of incapacity
				or emergency circumstance, health information will be disclosed if the official
				states that the information is needed to determine whether a violation of law
				has occurred, and that it is not intended to be used against the individual.
				(3-17-22)
02.
Best Interest
				of the Individual
. The officer must also represent that immediate
				enforcement activity would be materially and adversely affected by waiting for
				the individual's agreement. Professional staff must agree that disclosure is in
				the best interest of the individual. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.103 - SERIOUS THREAT TO HEALTH OR SAFETY

Current through August 31, 2023
Subject to the restrictions in this rule, health information
				  may be used or disclosed if necessary to prevent or lessen a serious and
				  imminent threat to the health and safety of a person or the public. Disclosure
				  must be based on actual knowledge or credible information from a person with
				  apparent knowledge or authority. Disclosure will be made only to a person or
				  persons reasonably able to prevent or lessen the threat, including the target
				  of the threat. (3-17-22)
01.
Apprehension by Law Enforcement
. Health information may be disclosed as
				necessary to law enforcement to identify or apprehend an individual. Disclosure
				is limited to an admission that an individual participated in a violent crime
				if it is reasonable to believe that serious physical harm has been caused to
				the victim. (3-17-22)
02.
Escape From Law Enforcement
. Health information may be disclosed as
				necessary for law enforcement to identify or apprehend an individual where it
				appears from all the circumstances that the individual has escaped from a
				correctional institution or lawful custody. (3-17-22)
03.
Prohibition on Disclosure
.
				Disclosure of an admission of participation in a violent crime is prohibited if
				the information is learned in the course of treatment to affect the
				individual's tendency to commit the criminal conduct, or through a request by
				the individual to initiate such treatment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.104 - REPORTING OF CRIME ON PREMISES

Current through August 31, 2023
Health information may be disclosed to a law enforcement
				  official if the information constitutes evidence of criminal conduct that
				  occurred on the Department's premises. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.105 - REPORTING CRIME IN EMERGENCIES

Current through August 31, 2023
If a Department employee is providing emergency health care
				  off the Department's premises, health information may be disclosed if necessary
				  to alert law enforcement to a crime; the location of the crime or victim; and
				  the identity, description and location of the perpetrator. If the crime
				  involves abuse, neglect or domestic violence, the requirements of Section
				  101 of this chapter apply.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.125 - ACCESS TO AN INDIVIDUAL'S OWN RECORD

Current through August 31, 2023
An individual who is at least fourteen (14) years old, or a
				  legal representative, may review and obtain a copy of Department records that
				  pertain to the individual, subject to the exceptions listed in Subsections
				  125.01 through
				  125.04 of these rules. Requests
				  must be in writing, identifying the individual whose record is sought, and the
				  record or information requested. The principles of disclosing only minimally
				  necessary information on a need-to-know basis do not apply to a request for an
				  individual's own records. The following information must not be disclosed:
				  (3-17-22)
01.
Children's Mental
				Health
. Records of a child's mental health services must not be
				disclosed to the child when a physician or other mental health professional has
				noted that disclosure would be damaging to the child, unless access is ordered
				by a court according to Section
				16-2428, Idaho Code.
				(3-17-22)
02.
Legal
				Action
. No disclosure will be made to an individual of information
				compiled in an ongoing investigation, that is exempt from disclosure, or that
				relates to adoption. Information compiled in reasonable anticipation of
				litigation that is not otherwise discoverable must not be disclosed.
				Information compiled for use in a civil, criminal, or administrative proceeding
				to which the individual is a party must not be disclosed except in compliance
				with valid discovery. (3-17-22)
03.
Clinical Laboratories
. There will be no disclosure of information
				maintained by a clinical laboratory except as authorized by the provider who
				ordered the test or study, in compliance with
				42 USC
				263a. (3-17-22)
04.
Confidential Information
.
				Health and other confidential information will not be disclosed to the
				individual if a licensed professional in an appropriate discipline determines
				that disclosure is likely to endanger the life or physical safety of the
				individual or another person. Disclosure to a legal representative will be
				denied if there is a professional determination that access by the
				representative is likely to cause substantial harm to the subject of the record
				or another person. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.150 - AMENDMENT OF RECORD

Current through August 31, 2023
Unless otherwise provided by law, individuals may request in
				  writing to amend the content of a record created by the Department. The
				  Department will respond in writing within ten (10) days, granting or denying
				  the amendment. A record created by a third party will not be amended by the
				  Department. (3-17-22)
01.
Amendment of Health Information
. Once an amendment regarding health
				information is approved and recorded, the Department will provide the amended
				health information when the record is disclosed in the future. If an amendment
				of health information is denied, the individual may provide a written response,
				which the Department may rebut in writing to the individual. Upon request,
				documentation of all the records involved in the denial will be provided
				whenever that information is disclosed in the future. (3-17-22)
02.
Updating Identifying
				Information
. Name and address changes, and similar updates of
				information in Department files will be made without using the amendment
				process. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.175 - REPORT OF DISCLOSURES OF HEALTH INFORMATION

Current through August 31, 2023
01.
Documented Disclosures
. The following disclosures of identifying
				health information for a purpose other than providing health treatment, payment
				or operations will be documented: (3-17-22)
a.
				Required by law; (3-17-22)
b.
				Public health activities; (3-17-22)
c. Related to victims of abuse, neglect or
				domestic violence; (3-17-22)
d.
				Health care oversight; (3-17-22)
e.
				Judicial and administrative proceedings; (3-17-22)
f. Correctional institutions or custodial law
				enforcement situations; (3-17-22)
g. Coroners, medical examiners, and funeral
				directors; (3-17-22)
h. Organ or
				tissue donations; (3-17-22)
i.
				Research; (3-17-22)
j. To avert a
				serious threat of health and safety; and (3-17-22)
k. Specialized government functions such as
				national security or intelligence. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.190 - RECORDS OF DECEDENTS

Current through August 31, 2023
Records of decedents are confidential for as long as the
				  Department maintains the records, except as needed by: (3-17-22)
01.
Law Enforcement
. If there is
				suspicion that the death was the result of criminal conduct.
				(3-17-22)
02.
Coroners and
				Medical Examiners
. Information may be given to a coroner or medical
				examiner for the purpose of identifying a deceased person, determining a cause
				of death, or other duties as authorized by law. (3-17-22)
03.
Funeral Directors
.
				Confidential information may be given to funeral directors, consistent with
				applicable law, as necessary to carry out their duties with respect to the
				decedent. If necessary to carry out their duties, confidential information may
				be disclosed to funeral directors prior to and in reasonable anticipation of
				the individual's death. (3-17-22)
04.
Personal Representatives
.
				While records are maintained, the same confidentiality requirements apply to
				the personal representative of the estate or other legal representative of the
				deceased individual. information may be disclosed to such representatives only
				to the extent necessary to perform their legal function, (3-17-22)
05.
Family Members and Others
.
				The Department may disclose health information to a family member, other
				relative, a close personal friend of the deceased individual, or any other
				person identified by the deceased individual. Information provided must be
				directly related to such person's involvement with the individual's care or
				payment for health care prior to the individual's death, unless doing so is
				inconsistent with any prior expressed preference of the individual that is
				known to the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › GENERAL CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.191 - DATA FOR RESEARCH OR OTHER PURPOSES

Current through August 31, 2023
Records that contain non-identifying information may be
				  disclosed for Department-approved research or other purposes without a written
				  authorization. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.200 - ABORTION FOR MINORS

Current through August 31, 2023
Consent for an abortion for a minor is governed by Section
				  18-609A, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.201 - ABUSE, NEGLECT OR DOMESTIC VIOLENCE

Current through August 31, 2023
Abuse, abandonment or neglect of a minor is required to be
				  reported in compliance with Section
				  16-1605, Idaho Code. Abuse,
				  neglect or exploitation of adults is governed by Section
				  39-5303, Idaho Code. An exception
				  to the physician/patient privilege for domestic violence is contained in
				  Section 9-203, Idaho Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.202 - ADOPTION

Current through August 31, 2023
Disclosure of adoption records is governed by the provisions
				  of Sections
				  74-105(6),
				  16-1501,
				  39-258,
				  39-259A, and
				  39-7501 through
				  39-7905, Idaho Code. Consent to
				  adoption by children who are more than twelve (12) years old, by parents and by
				  others, is governed by Section
				  16-1504, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.210 - CHILD PROTECTION

Current through August 31, 2023
Unless allowed by these rules or other provision of law, the
				  Department will disclose information from child protection records in its
				  possession upon a court order obtained in compliance with Subsection
				  075.02 of these rules.
				  Disclosure of Department records under the Child Protective Act is governed by
				  Section 16-1629(6), Idaho
				  Code. Court records of Child Protective Act proceedings are governed by Section
				  16-1626, Idaho Code. Pertinent
				  federal laws and regulations include
				  42 USC
				  5106a. Information regarding child fatalities
				  or near fatalities may be made public. (3-17-22)
01.
Child Fatalities
. In
				accordance with 42 USC
				5106a(b)(2)(B)(x), the
				Department will disclose non identifying summary information to the Statewide
				Child Fatality Review Team, established by the Governor's Task Force on
				Children at Risk, regarding child fatalities that were determined to be the
				result of abuse, neglect, or abandonment. (3-17-22)
02.
Public Disclosure
. The
				Department has the discretion to disclose child-specific information under this
				rule when the disclosure is not in conflict with the child's best interests and
				one (1) or more of the following applies: (3-17-22)
a. Identifying information related to
				child-specific abuse, neglect, or abandonment has been previously published or
				broadcast through the media; (3-17-22)
b. All or part of the child-specific
				information has been publicly disclosed in a judicial proceeding; or
				(3-17-22)
c. The disclosure of
				information clarifies actions taken by the Department on a specific case.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.211 - CHILDREN'S MENTAL HEALTH

Current through August 31, 2023
Consent to voluntary treatment for a minor with serious
				  emotional disturbance, emergency and involuntary treatment are governed by the
				  Children's Mental Health Services Act, Title 16, Chapter 24, Idaho Code.
				  Section 16-2428, Idaho Code, describes
				  requirements for confidentiality. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.220 - HARD TO PLACE CHILDREN

Current through August 31, 2023
The Department disseminates information to prospective
				  adoptive families and families who wish to be appointed legal guardians of a
				  child in the state's custody, as to the availability of hard-to-place children,
				  adoption and guardianship procedures, and the existence of financial aid to
				  adoptive families and guardians of hard-to-place children, in compliance with
				  Section 56-804, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.221 - HOSPITAL RECORDS

Current through August 31, 2023
Records of hospitalization in a state facility are governed
				  by Sections
				  39-1392b,
				  39-1392e and
				  39-1394, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.222 - HUMAN RESOURCES

Current through August 31, 2023
Disclosure of employee information is governed by Section
				  74-106(1), Idaho
				  Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.223 - INFANT/TODDLER PROGRAM

Current through August 31, 2023
Consent to early intervention services and confidentiality of
				  records that relate to the Infant/Toddler program are governed by the
				  Individuals with Disabilities Education Act (IDEA),
				  20 USC
				  1414(a)(1)(C) and (c)(3),
				  and 20 USC
				  1415(b)(3); the Family
				  Educational Rights and Privacy Act (FERPA),
				  20 USC
				  1232g; and
				  34 CFR
				  303.400,
				  34 CFR
				  303.500 and 34 CFR part 99. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.230 - MEDICAL CARE

Current through August 31, 2023
Consent to apply for services or treatment is governed by
				  Title 39, Chapter 45, Idaho Code, for hospital, medical, dental or surgical
				  care, treatment or procedure. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.240 - MENTAL ILLNESS

Current through August 31, 2023
Records of assessment, treatment, and commitment or
				  hospitalization of individuals with mental illness are governed by Sections
				  66-318,
				  66-348,
				  66-355,
				  66-329(9), and
				  66-337, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.241 - MINOR'S CONSENT REGARDING INFECTIOUS, CONTAGIOUS OR COMMUNICABLE DISEASE

Current through August 31, 2023
Section
				  39-3801, Idaho Code, governs
				  consent to treatment for infectious, contagious or communicable disease by a
				  minor who is at least fourteen (14) years of age. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.242 - SPECIFIC REQUIREMENTS - PROTECTION AND ADVOCACY AGENCIES

Current through August 31, 2023
A protection and advocacy system for individuals who have a
				  developmental disability is created by
				  42 USC
				  15042 et seq.; for individuals with mental
				  illness, by 42 USC
				  10801. Advocacy for adult protection is
				  governed by Sections
				  39-5307 and
				  39-5308, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.250 - SUBSTANCE ABUSE

Current through August 31, 2023
Consent to treatment and confidentiality of alcohol and drug
				  abuse patient records are governed by
				  42 CFR
				  2.12 through
				  2.67, and Sections
				  37 -
				  2743,
				  37 -
				  3102,
				  39 -
				  307, and
				  39 -
				  308, Idaho Code. (3-17-22)
01.
Drug Abuse
. A medical
				practitioner will not disclose identifying information, treatment or request
				for treatment, to any law enforcement officer or agency or in any proceeding,
				in compliance with Sections
				37-2743 and
				37-3102, Idaho Code.
				(3-17-22)
02.
Age Sixteen and
				Over
. Information regarding substance abuse treatment of an individual
				who is at least age sixteen (16) years old will not be disclosed to a parent or
				guardian unless authorized by the individual, in compliance with Section
				37 -3102, Idaho Code, and
				42 CFR
				2.14. Individuals who are at least sixteen
				(16) years old may consent to substance abuse treatment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.260 - TERMINATION OF PARENTAL RIGHTS

Current through August 31, 2023
Disclosure of information regarding the termination of
				  parental rights is governed by Section
				  16-2013, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.270 - VENEREAL DISEASES

Current through August 31, 2023
Disclosures of health information pertaining to the control
				  of venereal diseases, including Human Immunodeficiency Virus (HIV), is governed
				  by Title 39, Chapter 6, Idaho Code. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.280 - VITAL STATISTICS - VERIFICATION OF DATA

Current through August 31, 2023
01.
Verifications
. The Registrar will confirm or deny the presence and
				accuracy of data already known to a governmental agency that requests
				information from a vital record. Such verifications may be conducted by
				telephone for Idaho state agencies. Other requests for verification require a
				signed application on forms provided or approved by the Registrar, and a copy
				of the front and back of signed photo identification or such other information
				as the Registrar requests. Verifications may also be conducted via Department
				automated systems approved by the Registrar. (3-17-22)
02.
Administrative Fact of Death
				Verifications
. Upon agreement in writing to such conditions as the
				Registrar may impose, the Registrar may compare Idaho state agency
				administrative data to Idaho death data and return an indication of death, also
				known as fact of death verification, for administrative purposes only.
				(3-17-22)
03.
Verifications
				to Protect a Person's Property Right
. The State Registrar may approve
				electronic fact of death verification by entities seeking to determine or
				protect a person's property right. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.281 - VITAL STATISTICS: DISCLOSURE FOR RESEARCH, PUBLIC HEALTH OR STATISTICAL PURPOSES

Current through August 31, 2023
Upon agreement in writing to such conditions as the Registrar
				  may impose, the Registrar may permit the use of data from vital statistics
				  records for research, public health or statistical purposes. The Registrar may
				  deny a request for access to identifying information if the Registrar
				  determines that the benefits would be outweighed by the possible adverse
				  consequences to those individuals whose records would be used. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.282 - VITAL STATISTICS: REGISTRY OF PUTATIVE FATHERS

Current through August 31, 2023
Except by Idaho court order or in accordance with the
				  provisions of Section
				  16-1513, Idaho Code, information
				  acquired by the confidential registry of putative fathers will not be
				  disclosed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.283 - VITAL STATISTICS: PROCEDURES FOR REQUESTING INFORMATION

Current through August 31, 2023
Individuals who request access to, information from, or
				  copies of vital records must present a signed application on forms provided or
				  approved by the Registrar, and a copy of the front and back of signed photo
				  identification or such other information as the Registrar requests. Minors who
				  are less than fourteen (14) years old may receive certified copies of vital
				  records that pertain to them if they present the required information.
				  (3-17-22)
01.
Expedited
				Copy
. An expedited certified copy of a vital record may be issued using
				Department automated systems. (3-17-22)
02.
Certified Copy
. When a
				certified copy is issued, it is certified as a true copy or abstract of the
				original vital record by the officer who has custody of the record. The
				certified copy will include the date issued, the Registrar's signature or an
				authorized facsimile thereof, and the seal of the issuing office. Full or short
				form certified copies of vital records may be made by mechanical, electronic or
				other reproduction processes. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS › SPECIFIC CONSENT AND DISCLOSURE REQUIREMENTS › Section 16.05.01.284 - WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM

Current through August 31, 2023
WIC information may be used and disclosed only for the
				  purpose of establishing the eligibility of WIC applicants and participants for
				  health and welfare programs. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has granted the Director of the
				Department of Health and Welfare and the Board of Health and Welfare the power
				and authority to conduct contested case proceedings and issue declaratory
				rulings, and to adopt rules governing such proceedings under Sections
				16-107,
				56-133,
				56-135,
				56-202,
				56-204A,
				56-216,
				56-1003,
				56-1004, and
				56-1005, Idaho Code.
				(3-17-22)