Title 39 — HEALTH AND SAFETY

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 …

39-401. Legislative intent. (1) The various health districts, as provided for in this chapter, are not: (a) A single department of state government unto themselves; (b) A part of any of the twenty (20) departments of state government authorized by section 20, article IV, Idaho co…

39-408. Establishment of districts. There is hereby established within the state of Idaho seven (7) public health districts more particularly defined as follows: District No. 1 shall include the counties of Boundary, Bonner, Kootenai, Benewah and Shoshone; District No. 2 shall in…

39-409. District health departments — Establishment — Services. There is hereby created and established in each of the above described public health districts a district health department, hereinafter referred to as the district health department. The district health department s…

39-410. District board of health — Establishment. There is hereby created and established in each of the public health districts a district board of health, hereinafter referred to as the district board, which shall be vested with the authority, control, and supervision of the di…

39-411. Composition of district board — Qualifications of members — Appointment and removal — Terms — selection of officers — board of trustees of district boards of health. (1) For those districts comprised of: (a) Fewer than eight (8) counties, the district board of health shal…

39-412. Meetings of the district board — Compensation of members. The district board shall hold such meetings as may be necessary for the orderly conduct of its business and such meetings may be called upon seventy-two (72) hours’ notice by the chairman or a majority of the membe…

39-413. District health director — Appointment — Powers and duties. A district health director shall be appointed by the district board and shall receive compensation as determined by the district board. The director shall have and exercise the following powers and duties in addi…

39-414. Powers and duties of district board. The district board of health shall have and may exercise the following powers and duties: (1) To administer and enforce all state and district health laws, regulations, and standards. (2) To undertake only those actions that are necess…

39-414A. Audit of health district finances. It shall be the duty of each district board of health to cause to be made a full and complete audit of all the financial transactions of the health district no less frequently than every two (2) years. Such audit shall be in accordance …

39-415. Quarantine. The district board shall have the same authority, responsibility, powers, and duties in relation to the right of quarantine within the public health district as does the state.

39-416. Rules adopted by district board — Procedure. (1) The district board by the affirmative vote of a majority of its members may adopt, amend or rescind rules and standards as it deems necessary to carry out the purposes and provisions of this act. (2) Every rule or standard …

39-417. Hearings by district board — Oaths — Witnesses — Subpoenas. (1) Any person, association, public or private agency, corporation, or the district director alleging a violation of this act, the rules promulgated thereunder, or any matter within the jurisdiction of the distri…

39-418. Judicial review of district board’s determination — Exclusive procedure. (1) Judicial review of a final determination of the district board may be secured by any person adversely affected thereby by filing a petition for review as prescribed by chapter 52, title 67, Idaho…

39-419. Violation of public health laws — Misdemeanor — Civil liability for expense — infraction. (1) It shall be unlawful for any person to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule,…

39-420. Civil actions by district board — Enforcement of act — Abatement of nuisances. The district board in its name shall commence and maintain all proper and necessary civil actions and proceedings to enforce the provisions of this act and the preservation and protection of th…

39-421. Special counsel of district board. The district board is hereby authorized to engage special counsel to defend it and the members in all action and proceedings brought against it or them with respect to their official duties hereunder. In addition, such special counsel ma…

39-422. Public health district fund — Establishment — Divisions — Fiscal officer — Expenditures. (1) There is hereby authorized and established in the state treasury a special fund to be known as the public health district fund for which the state treasurer shall be custodian. Wi…

39-423. Budget committee of public health district. The chairmen of the boards of county commissioners located within the public health district are hereby constituted as the budget committee of the public health district. The district board will submit to the budget committee by…

39-424. Cost of maintenance of district — Apportionment to member counties. The manner of apportioning the contributions of the counties as part of the budget of the health district, created pursuant to section 39-423, Idaho Code, shall be as follows: (1) Seventy percent (70%) of…

39-424A. additional county aid to districts — procedures. (1) Beginning on January 1, 2022, and each year thereafter, the various boards of county commissioners shall be responsible for providing additional annual aid to the public health districts. The amount of such additional …

39-425. state aid to districts — Procedures. (1) The legislature may authorize or grant additional funds to the various public health districts for selected projects. (2) The liability of the state of Idaho to the public health districts and the public health district fund and it…

39-426. Public employees retirement system. All public health districts shall budget sufficient funds to allow for participation in the Idaho public employees retirement system as created by chapter 13, title 59, Idaho Code.

39-501. Purpose. The protection of ground water quality is essential for life, health and furthering matters of commerce. Multiple public agencies have regulatory jurisdiction over various aspects of everyday human activity that can and do pose risks to vital underground water su…

39-502. Governing board. For purposes of this chapter, the term "governing board" means the board of county commissioners of a county creating, or participating in, an aquifer protection district or multicounty aquifer protection district.

39-503. Aquifer protection district authorized. (1) In counties where a state designated sensitive resource aquifer has been declared as prescribed by rules of the department of environmental quality, and such designation was made prior to the enactment of this act, the board of …

39-504. Petitions — Elections — Modification — Dissolution — Authority. (1) The establishment of, or participation in, an aquifer protection district may be initiated by the filing of a petition signed by not fewer than fifty (50) qualified electors of any county in which an elig…

39-505. Governance — Powers and duties. In addition to powers and duties otherwise set forth in this chapter, governing boards shall have the following powers and duties: (1) To contract with public agencies and private individuals or entities to carry out district responsibiliti…

39-506. Powers not granted. An aquifer protection district shall have no independent regulatory powers and no power to levy taxes. Such restriction shall not otherwise limit the police powers of the board of county commissioners.

39-507. Policy and budget advisory committee. Subsequent to formation of an aquifer protection district, and as it regards the aquifer protection district, the governing board shall appoint a policy and budget advisory committee comprised of not less than nine (9) nor more than e…

39-508. Aquifer protection district funds — Fees — Budget. (1) Funds received and expended in the name of an aquifer protection district shall be budgeted, managed and audited in the same manner as funds of a county. Any such revenues and expenditures shall be accounted for separ…

39-601. Venereal diseases enumerated. Syphilis, gonorrhea, human immunodeficiency virus (HIV), chlamydia and hepatitis B virus (HBV), hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable and dangerous to public health; and it…

39-602. Report of venereal disease to health authorities. Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary or charitable or penal institution, in which there is a case of vener…

39-604. Confined and imprisoned persons — Examination, treatment, and quarantine — Victims of sexual offenses — Access to offenders’ test results, testing for HIV, counseling and referral services. (1) All persons who shall be confined or imprisoned in any state prison facility i…

39-605. Rules for carrying out law. The state board of health and welfare is hereby empowered and directed to make such rules as shall, in its judgment, be necessary for the carrying out of the provisions of this chapter, including rules providing for the control and treatment of…

39-607. Penalties for violations. Any person who shall violate any lawful rule or regulation made by the state board of health and welfare, pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any public health authority, pursua…

39-608. Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AID…

39-610. Disclosure of HIV and HBV reporting information. (1) State or local health authorities may contact and advise those persons who, in the judgment of health authorities, have been exposed to the HIV (human immunodeficiency virus) or hepatitis B (HBV) infections. (2) The dep…

39-701. DEFINITIONS. As used in this chapter: (1) "Automated external defibrillator" or "AED" refers to an automated external defibrillator approved for commercial distribution by the United States food and drug administration. (2) "Cardiopulmonary resuscitation" or "CPR" shall h…

39-702. authority to administer cpr or use an aed. Any person may, if the person reasonably believes that another person is in sudden cardiac arrest, administer CPR or use an AED on the other person.

39-703. immunity. Any person who reasonably administers CPR or reasonably renders emergency care using an AED, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil …

39-901. Inflammation of eyes of newborn defined. Any inflammation, swelling, or unusual redness in either one (1) or both eyes of any infant, either apart from, or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infectio…

39-902. Reportable diseases. It shall be the duty of any person, hospital, or health care facility assisting in the birth of a child to report inflammation of the eyes of the newborn as described in section 39-901, Idaho Code, or other reportable disease in accordance with depart…

39-903. ocular antibiotic prophylaxis to be APPLIED TO eyes of newborn baby. Except as otherwise provided in this chapter, physicians and midwives shall apply ocular antibiotic prophylaxis to the eyes of a newborn for the prevention of gonococcal ophthalmia neonatorum in accordan…