Title 39 — HEALTH AND SAFETY

39-301. Declaration of policy. It is the policy of this state that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs but rather should be a…

39-302. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning: (1) "Addiction" or "alcoholism" means a primary, chronic, neurobiological disease with genetic, psychosocial an…

39-304. Comprehensive program for treatment. The Idaho department of health and welfare is hereby designated as the state substance abuse authority. (1) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons and…

39-305. Standards for public and private treatment facilities — Enforcement procedures — Penalties. (1) The board of health and welfare shall establish standards for approved treatment facilities, which shall be met in order for a treatment facility to be approved as a public or …

39-305A. qualified substance use disorders personnel. Each behavioral health program providing substance use disorders services shall employ the number and variety of staff needed to provide the services and treatments offered by the program as a multidisciplinary team. The progr…

39-305B. qualified substance use disorders professional trainees. (1) Prior to beginning work, a qualified substance use disorders professional trainee practicing in the provision of substance use disorders services shall possess either: (a) A substance use disorder associate cer…

39-305C. waiver of criminal history and background check. (1) Anyone who receives an unconditional denial or a denial after an exemption review by the department may apply for a behavioral health waiver to provide substance use disorder treatment or recovery support services. (2)…

39-306. eligibility screening — clinical assessment — eligibility determination. (1) Individuals may access substance use disorder services administered by the department through an eligibility screening. The eligibility screening shall be directly related to the individual’s sub…

39-306A. selection of service providers. A participant who is eligible for substance use disorder services may choose a service provider that is in the contracted substance use disorder provider network. Treatment services must be within the recommended level of care according to…

39-306B. residential treatment services. Any contractor with the department providing residential treatment services under this chapter must be nationally accredited by the commission on accreditation of rehabilitation facilities and have an ASAM level of care certification, whic…

39-307. Voluntary treatment of alcoholics and drug addicts. (1) An alcoholic or a drug addict may apply for voluntary treatment directly to any approved public treatment facility. If the proposed patient is a minor or an incompetent person, he, a parent, legal guardian, or other …

39-307A. Protective custody. (a) An intoxicated or drug addicted person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he consents to the proffered help,…

39-309. Payment for treatment — Financial ability of patients. (1) An individual receiving substance use disorder services through the department shall be responsible for paying for the services received. The financial responsibility for each service shall be based on the individ…

39-310. Criminal law limitations. (1) With the exception of persons below the statutory age for consuming alcoholic beverages and of persons affected by the provisions of subsection (3) herein, no person shall be incarcerated or prosecuted criminally or civilly for the violation …