Title 39, HEALTH AND SAFETY

39-8702. Prevention of frivolous lawsuits. Except as provided in section 39-8703, Idaho Code, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho Code, or an association of one (1) or more of such en…

39-8703. Exemption. Notwithstanding section 39-8702, Idaho Code, civil liability shall not be precluded where the claim of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by o…

39-8704. Definitions. As used in this chapter: (1) "Claim" means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) "Food" means: (a) Articles used for food or drink for person…

39-8705. Pleading requirements. (1) In any action exempted pursuant to section 39-8703(1), Idaho Code, the complaint initiating such action shall state with particularity the following: (a) The statute, rule, regulation or other law of Idaho or the United States that was allegedl…

39-8706. Stay pending motion to dismiss. In any action exempted pursuant to section 39-8703, Idaho Code, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discov…

39-8801. Short title. This act may be known and cited as the "Idaho Underground Storage Tank Act."

39-8802. Legislative findings and intent. (1) The legislature of the state of Idaho finds: (a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern; (b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, e…

39-8803. Definitions. As used in this chapter: (1) "Board" means the Idaho board of environmental quality. (2) "Board of trustees" means the board of trustees established in section 41-4904, Idaho Code. (3) "Department" means the Idaho department of environmental quality. (4) "Di…

39-8804. Program scope. The requirements of this chapter and rules promulgated pursuant to this chapter, shall apply to underground storage tank systems in the state of Idaho, owners and operators of underground storage tank systems in the state of Idaho, persons who install or i…

39-8805. Rules governing underground storage tank systems. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as ar…

39-8805A. COMPLIANCE DATE FOR CERTAIN RULES. (1) Compliance with the additional testing and inspection requirements set forth in 40 CFR 280.10 concerning emergency power generators, 40 CFR 280.35 concerning spill prevention equipment and containment sumps used for interstitial mo…

39-8806. Additional measures to protect ground water. New and replacement underground storage tank systems and connected piping installed after the effective date of this chapter and located within one thousand (1,000) feet of any existing community water system or any existing p…

39-8807. Operator training. (1) The department shall adopt an operator training program to be conducted by either the department or a state of Idaho approved third party to help underground storage tank system owners and operators and their employees understand and comply with th…

39-8808. Inspections. (1) Underground storage tank systems regulated under this chapter which have not been inspected by the department or the United States environmental protection agency since December 22, 1998, shall be inspected by the department in compliance with this chapt…

39-8809. Delivery prohibition. (1) Effective August 8, 2007, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility which has been identified by the department to…

39-8810. Underground storage tank database. The department shall develop and use a database, which shall be available to the public on the internet, detailing the status of all underground storage tanks in the state of Idaho which are subject to regulation, including whether they…

39-8811. Enforcement. Failure to comply with this chapter or rules promulgated pursuant to this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act contained in section 39-108, Idaho Code, provided ho…

39-8812. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …

39-8813. idaho underground storage tank program fund. (1) All moneys received from fees collected from all regulated underground storage tanks shall be forwarded to the department and shall be paid into the Idaho underground storage tank program fund, which is hereby created in t…

39-8901. Short title. This act may be known and cited as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act."

39-8902. Definitions. As used in this chapter: (1) "Agent" means any person authorized by the state tax commission to purchase and affix stamps on packages of cigarettes. (2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance,…

39-8903. Test method and performance standard. (1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance w…

39-8904. Certification and product change. (1) Each manufacturer shall submit to the state fire marshal a written certification attesting that: (a) Each cigarette listed in the certification has been tested in accordance with section 39-8903, Idaho Code; and (b) Each cigarette li…

39-8905. Marking of cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with section 39-8904, Idaho Code, shall be marked to indicate compliance with the requirements of section 39-8903, Idaho Code. The marking shall be in eight (8) point type o…

39-8906. Penalties. (1) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 39-8903, Idaho Code, shall be subject to a civil penalty not to exceed one hundr…

39-8907. Implementation. (1) The state fire marshal may promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, the administrative procedure act, necessary to effectuate the purposes of this chapter. (2) The state tax commission in the regular course of c…

39-8908. Inspection. To enforce the provisions of this chapter, the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel are hereby authorized to examine the books, papers, invoices and ot…

39-8909. Reduced cigarette ignition propensity and firefighter protection act fund. All moneys collected as civil penalties under section 39-8906, Idaho Code, shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to…

39-8910. Sale outside of Idaho. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 39-8903, Idaho Code, if the cigarettes are or will be stamped for sale in another stat…

39-8911. Preemption. This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.

39-9001. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Health Freedom Act."

39-9002. DEFINITIONS. (1) "Health care services" shall mean any service, treatment, or provision of product for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rul…

39-9003. STATEMENT OF PUBLIC POLICY. (1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to…

39-9004. ENFORCEMENT. (1) No public official, employee, or agent of the state of Idaho or any of its political subdivisions, shall act to impose, collect, enforce, or effectuate any penalty in the state of Idaho that violates the public policy set forth in section 39-9003(2), Ida…

39-9101. SHORT TITLE. This chapter shall be known and may be cited as the "Behavioral Health Community Crisis Centers Act."

39-9102. DECLARATION OF POLICY AND INTENT. (1) Citizens of Idaho experiencing a behavioral health crisis are often incarcerated, hospitalized or treated in hospital emergency departments because an appropriate level of care to meet their needs is not available. (2) Hospital emerg…

39-9103. DEFINITIONS. (1) "Behavioral health" means an integrated or combined system for evaluation and treatment of mental health and substance use disorders. (2) "Behavioral health community crisis center" or "crisis center" means a voluntary outpatient facility operated twenty…

39-9104. GOVERNANCE of BEHAVIORAL HEALTH COMMUNITY CRISIS CENTERs. (1) Crisis centers shall be directed by a board of directors. The board of directors shall guide the organization, implementation and operation of the crisis center. (2) The board shall consist of no fewer than fi…

39-9105. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER EVALUATION. Each crisis center shall annually evaluate the effectiveness and cost efficacy of its center and submit a report of findings to the department of health and welfare by August 1 of each year. The department shall annua…

39-9106. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER FUNDING. Subject to appropriation by the legislature, the department shall be responsible for administering, allocating and distributing all appropriations from the legislature for crisis centers.

39-9107. COMMUNITY CONTRIBUTION. Communities that receive state funding to establish a crisis center shall, to the maximum extent possible, contribute financial or in-kind support to the development and operation of the crisis center.

39-9108. SERVICES TO BE NONDISCRIMINATORY — FEES. No regional crisis center shall refuse service to any person because of race, color, religion or because of inability to pay. Persons receiving services may be charged fees for the services they receive. The crisis center fee dete…

39-9109. RULEMAKING AUTHORITY. The director is authorized to promulgate rules necessary to implement the provisions of this chapter that are consistent with its provisions.

39-9201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Direct Primary Care Act."

39-9202. public policy. It is the policy of the state of Idaho to promote personal responsibility for health care and the cost-effective delivery of medical services by encouraging innovative use of direct patient-provider practices for primary medical care. Direct patient-provid…

39-9203. definitions. For purposes of this chapter, the following definitions apply: (1) "Direct fee" means an agreed-upon fee charged by a primary care provider as consideration for providing and being available to provide direct primary care services described in a direct prima…