Title 54 — PROFESSIONS, VOCATIONS, AND BUSINESSES

54-5317. Duty of prosecuting attorney — Duty of attorney general. It shall be the duty of the prosecuting attorney of each county to prosecute all violations of this chapter constituting a violation of criminal law and it shall be the duty of the attorney general of the state of …

54-5318. filling of liquefied petroleum gas containers — restrictions. (1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container less…

54-5401. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Driving Businesses Act."

54-5402. DEFINITIONS. As used in this chapter: (1) "Board" means the Idaho driving businesses licensure board, which will act as the state regulatory body for driving businesses hereinafter provided in this chapter. (2) "Driver education" means classroom instruction and behind-th…

54-5403. BOARD — TERMS OF MEMBERS — QUALIFICATIONS — POWERS AND DUTIES — MEETINGS — COMPENSATION. (1) A driving businesses licensure board is hereby established in the division of occupational and professional licenses whose duty it shall be to administer the provisions of this c…

54-5404. FEES. (1) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisi…

54-5405. DRIVING BUSINESSES — License REQUIREMENTS. (1) No private driver training business shall be established nor shall any existing business continue to operate unless the business applies for and obtains from the board a license that expires on the license issue date and tha…

54-5406. DRIVING INSTRUCTORS — REQUIREMENTS. (1) Each person applying for a driving instructor license must complete an application provided by the division of occupational and professional licenses that requires the applicant to be at least twenty-one (21) years of age and have …

54-5407. CURRICULUM COMPONENTS FOR DRIVING BUSINESSES. The curriculum components for driving businesses shall be approved by the board and reviewed annually and the curriculum components must accompany any original application for a license.

54-5408. DISCIPLINE. (1) Grounds for discipline. The board shall have the power to deny any application for or renewal of a license or to revoke, suspend or otherwise sanction any such license issued pursuant to this chapter and to limit or restrict the practice of any driving in…

54-5409. CERTAIN ACTS PROHIBITED. (1) The following acts shall be unlawful and punishable as a misdemeanor: (a) The violation of any of the provisions of this chapter; (b) Permitting any person in one’s employ, supervision or control to practice as a driving instructor unless tha…

54-5501. LEGISLATIVE PURPOSE AND INTENT. The legislature finds and declares that the practice of midwifery has been a part of the culture and tradition of Idaho since before pioneer days and that for personal, religious, and economic reasons some Idaho citizens choose midwifery c…

54-5502. definitions. As used in this chapter: (1) "Board" means the Idaho state board of nursing. (2) "Certified professional midwife" or "CPM" means a person who is certified by the North American registry of midwives or any successor organization. (3) "Client" means a woman un…

54-5503. board of NURSING — powers and duties. The board, in addition to the powers and duties set forth in section 54-1404, Idaho Code, shall have the authority and the responsibility to: (1) Receive applications for licensure; determine the qualifications of persons applying fo…

54-5504. rulemaking. (1) The rules adopted by the board shall: (a) Allow a midwife to obtain and administer, during the practice of midwifery, the following: (i) Oxygen; (ii) Oxytocin, misoprostol, and methylergonovine as postpartum antihemorrhagic agents; (iii) Injectable local …

54-5505. licensure — penalty. (1) The board shall grant a license to any person who submits a completed application, pays the required license fee as established by the board, and meets the qualifications set forth in section 54-5506, Idaho Code. (2) All licenses issued pursuant …

54-5506. qualifications for licensure. A person shall be eligible to be licensed as a midwife if the person: (1) Provides proof of current certification as a CPM by NARM or a successor organization; (2) Files a board-approved application for licensure and pays the required fees; …

54-5507. exemptions. This chapter shall not apply to any of the following: (1) Certified nurse midwives licensed by the board, unless a certified nurse midwife chooses to become a licensed midwife. Certified nurse midwives who are licensed midwives shall be subject to the provisi…

54-5508. fees. (1) All fees received pursuant to the provisions of this chapter shall be paid to the department of self-governing agencies, division of occupational and professional licenses, and deposited in the state treasury to the credit of the occupational licenses fund. All…

54-5509. client protection — unprofessional conduct. A licensed midwife or applicant for licensure, renewal, or reinstatement may not: (1) Disregard a client’s dignity or right to privacy as to her person, condition, possessions, or medical record; (2) Breach any legal requiremen…

54-5510. disclosure and recordkeeping — license renewal. (1) Before initiating care, a licensed midwife shall obtain a signed informed consent agreement from each client, acknowledging receipt, at a minimum, of the following: (a) The licensed midwife’s training and experience; (b…

54-5511. immunity from vicarious liability. No physician, hospital, emergency room personnel, emergency medical technician, or ambulance personnel shall be liable in any civil action arising out of any injury resulting from an act or omission of a licensed midwife, even if the he…

54-5512. 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 …

54-5601. SHORT TITLE. This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act."

54-5602. DEFINITIONS. As used in this chapter: (1) "ABGC" means the American board of genetic counseling, inc., its successor or equivalent. (2) "ABMG" means the American board of medical genetics, its successor or equivalent. (3) "ACS" means active candidate status conferred by …

54-5603. SCOPE OF PRACTICE. A licensed genetic counselor may perform the following acts as a genetic counselor: (1) Obtain and evaluate individual, family and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his offspring an…

54-5604. EXEMPTIONS for licensure. The provisions of this act shall not apply to the following: (1) Any person who is not a genetic counselor but is licensed under title 54, Idaho Code, acting within the scope of his profession and doing work of a nature consistent with his train…

54-5605. GENETIC COUNSELOR LICENSE REQUIRED. Effective July 1, 2016, a license shall be required to engage in the practice of genetic counseling. No person shall hold himself out as a genetic counselor unless he is licensed in accordance with the provisions of this chapter. No pe…

54-5606. BOARD — ORGANIZATION AND MEETINGS. (1) There is hereby established in the division of occupational and professional licenses the genetic counselors licensing board. (2) The board shall consist of four (4) members, two (2) of whom shall be fully licensed genetic counselor…

54-5607. BOARD POWERS. (1) The board shall have the following powers: (a) To receive applications for licensure, determine the qualifications of persons applying for licensure, provide licenses to applicants qualified under the provisions of this chapter and reinstate and deny li…

54-5608. REQUIREMENTS FOR ISSUANCE OF A LICENSE. In addition to such other information as the board may require by rule, each applicant under this act shall: (1) Hold a master’s degree or higher in genetics or a related field of study as approved by the board; (2) Submit an appli…

54-5609. ENDORSEMENT LICENSURE. An applicant who satisfies the board that he is licensed or registered under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially equivalent licensing requirements as thi…

54-5610. PROVISIONAL LICENSE. (1) The board may grant a person who has been granted ACS a provisional genetic counselor license to practice genetic counseling upon filing an application with the board and payment of the fee established by the board by rule. (2) The provisional li…

54-5611. LICENSING OF EXISTING GENETIC COUNSELORS. Until July 1, 2016, an individual who does not qualify for licensure under this chapter may apply to the board for licensure, and the board may approve the application if the individual has paid the required fees and: (1) Has wor…

54-5612. LICENSE RENEWAL. (1) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire on the licensee’s birthday unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education an…

54-5613. FEES. (1) The board shall establish by rule fees for licensure under the provisions of this chapter as follows: (a) An application fee not to exceed five hundred dollars ($500); (b) A fee established by rule for an initial full license not to exceed one thousand dollars …

54-5614. DENIAL OF LICENSE AND DISCIPLINARY PROCEEDINGS. (1) The board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds: (a) Fraud or deception in procuring or renewing the license; (b) Having been found guilty, con…

54-5615. CONFIDENTIAL COMMUNICATIONS. No licensee shall disclose any information that he may have acquired from a client consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons, except: (1) With…

54-5616. CERTAIN ACTS PROHIBITED. It shall be unlawful and a misdemeanor for any person to engage in any of the following acts: (1) To practice genetic counseling or to represent himself to be a licensed genetic counselor as defined in this chapter without having at the time of s…

54-5701. short title. This chapter shall be known and may be cited as the "Idaho Virtual Care Access Act."

54-5702. legislative findings. The legislature finds that virtual care provides an additional setting for the delivery of health care that maximizes the capacity and geographic reach of health care providers and limited health care resources. When practiced safely, virtual care e…

54-5703. definitions. As used in this chapter: (1) "Health care services" means: (a) The assessment, diagnosis, consultation, treatment, and remote monitoring of a patient; (b) Transfer of medical data; (c) Patient and professional health-related education; (d) Public health serv…

54-5704. SCOPE OF PRACTICE. A provider delivering health care services via virtual care must at all times act within the scope of the provider’s license and according to all applicable laws and rules, including but not limited to this chapter and the Idaho community standard of c…

54-5705. PROVIDER-PATIENT RELATIONSHIP. A provider may provide virtual care to a patient if such provider has first established a provider-patient relationship with the patient, the patient has a provider-patient relationship with another provider in the provider group, the provi…

54-5706. evaluation and treatment. When delivering health care services via virtual care, including a prescription drug order or prescription medical device order, a provider shall obtain and document a patient’s relevant clinical history and current symptoms to establish the dia…

54-5707. prescriptions. (1) A provider with an established provider-patient relationship, including a relationship established pursuant to section 54-5705, Idaho Code, may issue prescription drug orders and prescription medical device orders via virtual care within the scope of t…

54-5708. INFORMED CONSENT. A patient’s informed consent for the use of virtual care shall be obtained as required by any applicable law.

54-5709. CONTINUITY OF CARE. A provider delivering health care services via virtual care or a provider who is a member of the same provider group as the provider delivering health care services via virtual care shall be available for follow-up care or to provide information to pa…

54-5710. referral to other services. A provider shall make appropriate patient referrals, including to emergency resources, when medically indicated.

54-5711. medical records. A provider delivering health care services via virtual care must document in the patient’s medical record the health care services rendered via virtual care according to the same standard used for equivalent in-person services. All virtual care medical r…