Title 39 — HEALTH AND SAFETY

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…

39-9204. DIRECT primary CARE AGREEMENT PROVISIONS. (1) A direct primary care agreement shall identify: (a) The primary care provider and the patient; (b) The general scope of services as well as the specific services to be provided by the primary care provider; (c) The location o…

39-9205. INSURANCE BILLING PROHIBITED. Neither the patient nor the primary care provider shall submit a bill to an insurer for the services provided under a direct primary care agreement.

39-9206. AGREEMENTS NOT CLASSIFIED AS INSURANCE. Direct primary care agreements are not subject to regulation as insurance under title 41, Idaho Code.

39-9207. disclaimer. A direct primary care agreement shall include the following disclaimer: "This agreement does not provide health insurance coverage, including the minimal essential coverage required by applicable federal law. It provides only the services described herein. It…

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…