Title 39 — HEALTH AND SAFETY

39-4501. Purposes — Application. (1) The primary purposes of this chapter are: (a) To provide and codify Idaho law concerning consent for the furnishing of hospital, medical, dental, surgical, and other health care services and concerning what constitutes an informed consent for …

39-4502. Definitions. As used in this chapter: (1) "Advance care planning document," "advance directive," "directive," or "health care directive" means a document that: (a) Substantially meets the requirements of section 39-4510(1), Idaho Code; (b) Is a POST form; or (c) Is anoth…

39-4503. Persons who may consent to their own care. Any person, including one who is developmentally disabled and not a respondent as defined in section 66-402, Idaho Code, who comprehends the need for, the nature of, and the significant risks ordinarily inherent in any contempla…

39-4504. Persons who may give consent to care for others. (1) Consent for the furnishing of health care services to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in the order of priority set forth h…

39-4505. Blood testing. (1) A licensed independent practitioner may consent to ordering tests of a patient’s or a deceased person’s blood or other body fluids for the presence of blood-transmitted or body fluid-transmitted viruses or diseases without the prior consent of the pati…

39-4506. Sufficiency of consent. Consent, or refusal to consent, for the furnishing of health care services shall be valid in all respects if the person giving or refusing the consent is sufficiently aware of pertinent facts respecting the need for, the nature of, and the signifi…

39-4507. Form of consent. It is not essential to the validity of any consent for the furnishing of health care services that the consent be in writing or any other specific form of expression; provided however, when the giving of such consent is recited or documented in writing a…

39-4508. Responsibility for consent and documentation. Obtaining sufficient consent for health care services is the duty of the attending licensed independent practitioner upon whose order or at whose direction the contemplated health care services are rendered; provided however,…

39-4509. Statement of policy — Definition. For purposes of sections 39-4509 through 39-4515, Idaho Code: (1) The legislature recognizes the established common law and the fundamental right of competent persons to control the decisions relating to the rendering of their health car…

39-4510. advance care planning document. (1) Any competent person aged eighteen (18) years or older may execute an advance care planning document (ACPD). Such document must contain the mandatory elements set forth in this section. Any provisions of an ACPD that are left blank by …

39-4511A. Revocation of advance care planning document. (1) An advance care planning document (ACPD) may be revoked at any time by the maker thereof by any of the following methods: (a) By being intentionally canceled, defaced, obliterated, burned, torn, or otherwise destroyed by…

39-4511B. suspension of advance care planning document. (1) An advance care planning document (ACPD) may be suspended at any time by the maker thereof by any of the following methods: (a) By a written signed suspension by the maker thereof expressing his intent to suspend; (b) By…

39-4512. Execution of advance care planning document. An advance care planning document shall be effective from the date of execution until it is revoked or replaced. Nothing in this chapter shall be construed to prevent a competent person from reexecuting an advance care plannin…

39-4512A. Physician orders for scope of treatment (POST). (1) A POST form is an order regarding scope of treatment signed by a licensed independent practitioner and a person or the person’s surrogate decision-maker, provided that the POST form shall not be contrary to the person’…

39-4512B. Adherence to post protocol. (1) Health care providers shall comply with a person’s POST instruction when presented with a POST form that meets the requirements of section 39-4512A, Idaho Code, or when a person is wearing a proper POST identification device pursuant to s…

39-4512C. Duty to inspect. Health care providers shall make reasonable efforts to inquire as to whether the patient has completed a POST form and inspect the patient for a POST identification device when presented with a situation calling for artificial life-sustaining treatment …

39-4513. Immunity. (1) No licensed independent practitioner, emergency medical services personnel, other health care provider, facility, or individual employed by, acting as the agent of, or under contract with any such health care provider or facility shall be civilly or crimina…

39-4514. General provisions. (1) Application. Except as specifically provided in this section, sections 39-4510 through 39-4512B, Idaho Code, shall have no effect or be in any manner construed to apply to persons not executing an advance care planning document or other health car…

39-4515. Health care directive registry. (1) The department of health and welfare shall create and maintain a health care directive registry. The health care directive registry shall be accessible through a web-based platform. The information contained in such registry shall incl…

39-4516. life-sustaining treatment for unemancipated minors. (1) This section shall be known and may be cited as "Simon’s Law." (2) As used in this section: (a) "Order not to resuscitate" means a licensed independent practitioner’s order that resuscitative measures shall not be p…

39-4517. pelvic examination of unconscious patient. (1) A health care provider may not knowingly perform or authorize a student practicing under the provider’s authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless: (a) The patient or a p…