Title 56, PUBLIC ASSISTANCE AND WELFARE

56-1001. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) "Biological agent" means a bacterium, virus, fungus, protozoan, parasite, or other microorga…

56-1002. Department of health and welfare — Creation. (1) There is created and established in the state government a department of health and welfare which shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of t…

56-1003. Powers and duties of the director. The director shall have the following powers and duties: (1) All of the powers and duties of the department of public health, the department of health, the board of health, and all nonenvironmental protection duties of the department of…

56-1004. Director — Additional powers and duties. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position: (a) Prescribe such rules as may be necessary for the administration of the department, the conduc…

56-1004A. Criminal history and background checks. (1) To assist in the protection of children and vulnerable adults, the legislature hereby authorizes the department of health and welfare to conduct criminal history and background checks of individuals who provide care or service…

56-1005. Board — Composition — Officers — Compensation — Powers — Subpoena — Depositions — Review — Rules. (1) The board of health and welfare shall consist of eleven (11) members, seven (7) members of which shall be appointed by the governor, with the advice and consent of the s…

56-1006. Title superseded. Except with respect to environmental protection functions, wherever the words "board of health" or "board of health and welfare" appear in the Idaho Code, they shall mean the department of health and welfare, and wherever the words "administrator of hea…

56-1007. Collection of fees for services. The department of health and welfare is hereby authorized to charge and collect reasonable fees, established by rule, for any service rendered by the department. The fee may be determined by a sliding scale according to income or availabl…

56-1008. Criminal violation — Penalty. Any person who willfully or negligently violates any of the provisions of the public health laws or the terms of any lawful notice, order, permit, standard, or rule issued pursuant thereto, shall be guilty of a misdemeanor.

56-1009. Investigation — Inspection — Right of entry — Violation — Enforcement — Penalty — Injunctions. (1) The director shall cause investigations to be made upon receipt of information concerning an alleged violation of this chapter or of any rule, permit or order promulgated t…

56-1010. Commencement of civil enforcement actions — Criminal actions authorized — Duties of attorney general. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in sect…

56-1019. Services to victims of cystic fibrosis. The department of health and welfare shall establish, through the crippled children’s program, a program of services to persons suffering from cystic fibrosis who are twenty-one (21) years or more of age. The department shall estab…

56-1036. Legislative intent. (1) The legislature finds that accidental poisoning is a serious public health problem in the state of Idaho and is a problem that disproportionately affects Idaho’s children. It further finds that a significant reduction in the morbidity and mortalit…

56-1037. Poison control center established — Services offered. The director of the department of health and welfare (for purposes of sections 56-1036 through 56-1039, Idaho Code, "director") shall establish, and provide support in a manner consistent with sections 56-1036 through…

56-1039. Power to accept federal funds and gifts. The director may accept federal funds granted by congress or executive order, as well as gifts, grants, endowments and/or donations from individuals and private organizations or foundations for all or any of the purposes of the po…

56-1041. State x-ray control agency. (1) The state department of health and welfare is designated as the state agency having the responsibility for administration of the regulatory, licensing and radiation control provisions associated with x-ray producing machines, as defined in…

56-1042. Definitions. As used in sections 56-1041 through 56-1053, Idaho Code: (1) "Board" means the Idaho board of health and welfare. (2) "Department" means the Idaho department of health and welfare. (3) "Electronic product" means any manufactured product or device or componen…

56-1043. Rules — Licensing requirements and procedure — Registration of x-ray producing machines — Exemptions from registration or licensing. (1) The board of health and welfare shall provide, by rule, for general or specific licensing of x-ray producing machines. Such rule shall…

56-1044. Radiation machines used to perform mammography. (1) No person shall use a radiation machine to perform mammography unless the radiation machine is registered with the department of health and welfare under department rules for registration of radiation machines and is sp…

56-1045. Inspection. The department or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of sections 56…

56-1046. Records. (1) The department shall require each person who possesses or uses an x-ray producing machine to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the department may require which will permit the de…

56-1047. Federal-state agreements — Authorized — Effect as to federal licenses. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with …

56-1048. Inspection agreements and training programs. (1) The department is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, o…

56-1049. Administrative procedure. In any proceeding under sections 56-1041 through 56-1053, Idaho Code, for the issuance or modification or repeal of rules relating to control of x-ray producing machines, the department shall comply with the requirements of chapter 52, title 67,…

56-1050. Injunction proceedings. Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of sections 56-1041 through 56-1053, Ida…

56-1051. Prohibited uses. (1) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any x-ray producing machine unless licensed by or registered with, or exempted by the department in accordance with the provisions…

56-1052. Impounding of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of x-ray producing machines in the possession of any person who is not equipped to observe or fails to observe the provisions of sections 56-1…

56-1053. Penalties. Any person who violates any of the provisions of sections 56-1041 through 56-1053, Idaho Code, or rules or orders in effect pursuant thereto shall be guilty of a misdemeanor.

56-1055. cytomegalovirus information. (1) The department shall make available the following information to the public, particularly pregnant women and women who may become pregnant: (a) Incidence of cytomegalovirus (CMV); (b) Transmission of CMV; (c) Birth defects caused by conge…