Title 39, HEALTH AND SAFETY

39-9208. RESTRICTIONS ON TRANSFER. A direct primary care agreement may not be sold or transferred by the primary care provider without the written consent of the patient and may be transferred only to another primary care provider. A direct primary care agreement may not be sold …

39-9209. EFFECT OF THIS CHAPTER. This chapter does not prohibit health care providers who are not primary care providers from entering into agreements with patients to the extent such agreements do not violate the provisions of title 41, Idaho Code.

39-9301. short title. This chapter shall be known and may be cited as the "Idaho Unborn Infants Dignity Act."

39-9302. Legislative findings and purpose. (1) The legislature of the state of Idaho finds that: (a) Deceased unborn infants deserve the same respect and dignity as other deceased human beings. (b) It continues to be the public policy of the state of Idaho to promote live childbi…

39-9303. definitions. As used in this chapter: (1) "Aborted infant" means a deceased unborn infant whose death was caused by abortion. (2) "Abortion" has the same meaning as provided in section 18-604, Idaho Code. (3) "Bodily remains" means the physical remains, body parts or tis…

39-9304. Release of remains for final disposition. In every instance of fetal death involving miscarriage or stillbirth, the individual in charge of the institution where the bodily remains of the deceased unborn infant were expelled or extracted, or the individual’s designee, sh…

39-9305. miscarriage certificates. The state registrar of vital statistics shall establish such forms and procedures as are necessary to file miscarriage certificates for unborn infants whose death occurred as a result of miscarriage. The filing of a miscarriage certificate shall…

39-9306. prohibitions. (1) Except as otherwise provided in this chapter, no person shall knowingly sell, transfer, distribute, donate, accept, use or attempt to use the body or bodily remains of an aborted infant. (2) Except as otherwise provided in this chapter, no person shall …

39-9307. informed consent required for certain experimentation. Bodily remains of an unborn infant whose death occurred as a result of miscarriage or stillbirth may be used for animal or human research, experimentation, study or transplantation only if the mother of the deceased …

39-9308. criminal penalties. (1) A person who violates section 39-9306(1) or (2), Idaho Code, shall be guilty of a felony for each violation and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison for a term not to exceed five…

39-9309. DUTIES OF THE ATTORNEY GENERAL and prosecutors. The Idaho attorney general or the appropriate prosecuting attorney may initiate actions or proceedings for a violation of any criminal provisions in this chapter.

39-9310. civil and administrative actions. (1) In addition to the remedies available under the statutory or common laws of Idaho, failure to comply with the requirements of section 39-9306, Idaho Code, shall provide a basis for recovery of damages for the parent of an unborn infa…

39-9311. construction. Nothing in this chapter shall be construed to create or recognize a right to abortion.

39-9401. SHORT TITLE. This chapter shall be known and may be cited as the "Right to Try Act."

39-9402. legislative intent. It is the intent of the legislature to provide the opportunity for terminally ill patients to have access to certain investigational treatments without requiring another party, including a physician, manufacturer, insurer or government agency, to offe…

39-9403. definitions. As used in this chapter: (1) "Eligible patient" or "patient" means an individual who has a terminal illness and has: (a) Considered all other treatment options currently approved by the United States food and drug administration; (b) Received a recommendatio…

39-9404. investigational drugs — right to try and provide. (1) An eligible patient may request, and a manufacturer may make available to an eligible patient under the supervision of the patient’s treating physician, the manufacturer’s investigational drug, biological product or d…

39-9405. no coverage obligation. (1) This chapter does not expand the coverage required of an insurer under the laws of this state. (2) A health plan, third-party administrator or government agency may, but is not required to, provide coverage for the cost of an investigational d…

39-9406. heirs not liable for treatment debt. If a patient dies while being treated by an investigational drug, biological product or device under the terms of this chapter, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance …

39-9407. prohibitions. (1) A licensing board or disciplinary body of this state shall not revoke, fail to renew, suspend or take any action against a health care provider’s license based solely on the provider’s recommendations to an eligible patient regarding access to or treatm…

39-9408. limitations. (1) This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against a physician or any other person or entity involved in the care of an eligible patient using an investigation…

39-9409. mandatory coverage not affected. This chapter does not affect any mandatory health care coverage for participation in clinical trials provided elsewhere by law.

39-9501. SHORT TITLE. This act shall be known and may be cited as the "Abortion Complications Reporting Act."

39-9502. legislative findings and purpose. (1) The legislature of the state of Idaho asserts and finds that: (a) The state "has legitimate interests from the outset of pregnancy in protecting the health of women," as found by the United States Supreme Court in Planned Parenthood …

39-9503. definitions. As used in this chapter: (1) "Abortion" shall have the same meaning as provided in section 18-502, Idaho Code. (2) "Complication" means any of the following, if it constitutes an abnormal or a deviant process or event arising from the performance or completi…

39-9504. abortion complication reporting. (1) Every hospital, licensed health care facility or individual medical practitioner shall file a written report with the department regarding each woman who comes under the hospital’s, health care facility’s or medical practitioner’s car…

39-9505. reporting forms. The department shall create the forms required by this chapter within sixty (60) days after the effective date of this chapter. Such forms shall provide for the reporting of information required by section 39-9504(2), Idaho Code. No provision of this cha…

39-9506. penalties and professional sanctions. (1) Any person who willfully delivers or discloses to the department any report, record or information required pursuant to this chapter and known by him or her to be false is guilty of a misdemeanor. (2) Any person who willfully dis…

39-9507. construction. (1) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (2) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.

39-9508. right of intervention. The legislature, by concurrent resolution, may appoint one (1) or more of its members who sponsored or co-sponsored this chapter in his or her official capacity, or other member or members if the original sponsors and co-sponsors are no longer serv…

39-9509. 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…

39-9701. IDAHO ENERGY CONSERVATION CODE. (1) On and after July 1, 2022, the Idaho state energy code shall be the 2018 international energy conservation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature. The international energ…

39-9801. definitions. As used in this chapter: (1) "Assistance" means aid in meeting daily living needs. (2) "Essential caregiver" means a patient’s or resident’s spouse, adult child, parent, guardian, conservator, health care agent, or surrogate decision-maker as described in se…

39-9802. legislative findings and intent. (1) The legislature finds that: (a) Idaho families have a constitutionally protected liberty interest in companionship and society with one another; (b) The access of patients and residents in certain facilities to their family, friends, …

39-9803. right to essential caregivers. (1) A patient or resident has the right to in-person visitation from an essential caregiver while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential …

39-9901. short title. This chapter shall be known and may be cited as the "Down Syndrome Diagnosis Information Act."

39-9902. definitions. For purposes of this chapter: (1) "Department" means the department of health and welfare. (2) "Down syndrome" means a chromosomal condition associated with either an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Trisom…

39-9903. applicability. A health care practitioner who provides prenatal or postnatal care and who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome or receives a result from such test that indicates a high l…

39-9904. support sheet. (1) The department shall create an up-to-date, evidence-based support sheet about Down syndrome that has been reviewed by medical experts and the Idaho Down syndrome council. The support sheet shall be provided at the time of diagnosis or when an ultrasoun…