Title 39 — HEALTH AND SAFETY

39-1351. Interest on warrants — Cessation thirty days from posting notice. Interest on any warrant shall cease on the expiration of thirty (30) days from the time of posting of the notice provided for in the last preceding section; and for all sums which may be paid by the treasu…

39-1352. Notation of interest amount on warrant. When the treasurer pays any warrant on which any interest is due, he must note on the warrant the amount of interest paid thereon and enter on his account the amount of such interest distinct from the principal.

39-1353. Power to issue and sell tax anticipation notes or bonds. Hospital districts created and existing under this chapter shall have the further power to issue and sell tax anticipation notes or bonds in the manner, and for the purposes and to the extent authorized by chapter …

39-1353a. Practice of medicine not authorized. Anything to the contrary hereinabove notwithstanding, this act shall not be construed to permit or authorize any hospital district or hospital therein in the state of Idaho directly or indirectly to engage in the practice of medicine…

39-1354. Annexation of territory not having a tax supported hospital — Petitions and signatures — Election. (1) Any area contiguous to a hospital district which does not support another tax supported hospital may become annexed to the district by petition and election. (2) A peti…

39-1355. Existing tax supported hospitals may consolidate. The ownership and operation of any municipal, city/county, county, district, or tax supported community hospital or medical clinic may be consolidated with an established hospital district by majority vote of the qualifie…

39-1356. Equalization of levy between consolidating hospitals. (1) When two (2) districts’ hospitals or medical clinics have agreed to consolidate, the tax levies of the two (2) hospitals will be equalized in the following manner: the certified budget figures from ad valorem taxe…

39-1357. Adjustment of boundary lines or consolidation of hospital districts. When there are two (2) or more hospital districts, which have at least one (1) common boundary, the boards of trustees of the hospital districts, meeting together, may determine that it is in the best i…

39-1358. DISTRICT HOSPITAL property — LEASE OR SALE. A hospital district acting through its board of trustees shall have the right to convey or lease hospital district real property, facilities, and the personal property and equipment therein upon such terms and for such length o…

39-1359. CONVEYANCE OF HOSPITAL DISTRICT property TO NONPROFIT CORPORATION. (1) As an alternative to the procedure set forth in section 39-1358, Idaho Code, the board of trustees of a hospital district may convey or lease hospital district real property, facilities, and the perso…

39-1390. Reports to law enforcement agencies of certain types of injuries. (1) As soon as treatment permits, any person operating a hospital or other medical treatment facility, or any physician, resident on a hospital staff, intern, physician assistant, nurse or emergency medica…

39-1391. Emergency treatment without admission — Liability. Any hospital licensed in this state may provide to any person appearing or represented to be seriously sick or injured, without admission of such person to the hospital and without the immediate presence of a licensed ph…

39-1391a. Emergency treatment not to constitute admission. The furnishing of emergency or first aid services and care as permitted by section 39-1391 shall not in and of itself constitute admission to such hospital of the person receiving such services and care, nor shall such ho…

39-1391b. Emergency treatment by hospital not required — Discrimination prohibited. Nothing in this act shall be deemed to require any hospital to provide facilities or personnel for the furnishing of such emergency or first aid services and care or to furnish such services and c…

39-1391c. Immunity from civil liability. Any licensed physician and surgeon shall be conclusively presumed to be qualified to undertake and to furnish any emergency medical or surgical care and treatment, regardless of the specialty training or skills which might otherwise be pre…

39-1392. Statement of policy. To encourage research, discipline and medical study by certain health care organizations for the purposes of reducing morbidity and mortality, enforcing and improving the standards of medical practice in the state of Idaho, certain records of such he…

39-1392a. Definitions. The following terms shall have the following meanings when used in this section: (1) "Emergency medical services personnel" means emergency medical services providers and ambulance-based clinicians licensed pursuant to chapter 9, title 46, Idaho Code. (2) "…

39-1392b. Records confidential and privileged. Except as provided in section 39-1392e, Idaho Code, all peer review records shall be confidential and privileged, and shall not be directly or indirectly subject to subpoena or discovery proceedings or be admitted as evidence, nor sh…

39-1392c. Immunity from civil liability. The furnishing of information or provision of opinions to any health care organization or the receiving and use of such information and opinions shall not subject any health care organization or other person to any liability or action for …

39-1392d. Property of health care organization. All peer review records of a health care organization shall be the property of the health care organization concerned which obtains or compiles the same. A health care organization may provide peer review records to persons or entit…

39-1392e. Limited exceptions to privilege and confidentiality. (a) In the event of a claim or civil action against a physician, emergency medical services personnel, a hospital, a residential care facility or a skilled nursing facility arising out of a particular physician-patien…

39-1392f. Peer review. Every hospital subject to this act shall cause the hospital’s medical staff to organize in-hospital medical staff committees which shall have the responsibility of reviewing the professional practices of members of the hospital’s medical staff for the purpo…

39-1392g. Medical staff membership and privileges. (1) Except as specifically provided in subsection (2) of this section, nothing in this section shall in any way change the authority of the governing body of any health care organization to make such rules, regulations, standards…

39-1393. Notification of professional review action imposed upon physician or emergency medical services personnel. (1) Any health care organization in this state that is by law required to conduct peer review or which voluntarily formally elects to conduct professional review ac…

39-1394. Patient care records — Retention — Authentication. (1) Retention. (a) Hospital records relating to the care and treatment of a patient may be preserved in microfilm, other photographically reproduced form or electronic medium. Such reproduced and preserved copies shall b…

39-1395. Practice of podiatry — Medical staff membership. Except as otherwise provided in this section, no provision or provisions of this section shall in any way change or modify the authority or power of the governing body of any hospital to make such rules, standards or quali…

39-1396. authority to admit patients. (1) A hospital or facility may grant to physicians, physician assistants and advanced practice nurses the privilege to admit patients to such hospital or facility; provided however, that admitting privileges may be granted only if the privile…

39-1441. Short title. This act may be referred to and cited as the "Idaho health facilities authority act."

39-1442. Declaration of necessity and purpose — Liberal construction. It is hereby determined and declared that for the benefit of the people of the state of Idaho and the improvement of their health, welfare and living conditions, it is essential that the people of this state ha…

39-1443. Definitions. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows: (a) "Authority" means the Idaho health facilities authority created by this act. (b) "Bonds," "notes" or "bond anticipation…

39-1444. Authority — Creation — Membership — Appointment — Terms of office — Filling vacancies and removals. There is hereby created an independent public body politic and corporate to be known as the "Idaho health facilities authority." Said authority is constituted a public ins…

39-1445. Quorum — Mode of action — Expenses. Four (4) members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four (4) of its members. No vacanc…

39-1446. Organization meeting — Chairman — Executive director — Surety bond and conflict of interest. A member of the authority designated by the governor shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tem. At such m…

39-1447. Powers. The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof: (1) to have perpetual succession as a body politic and corporate; (2) to adopt by-laws for the regulation of its affairs and the co…

39-1447A. Public securities of health institutions — Interest exchange agreements. (1) As used in this section: (a) "Authorized entity" means any of the following entities: the authority, a county that has created a hospital board under chapter 36, title 31, Idaho Code, and that …

39-1448. Acquisition of property. The authority is authorized and empowered directly or by or through a participating health institution, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights of way, fran…

39-1448A. Notes. The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any facility, and renew from time to time any notes by the issuance of new notes, whether the notes to b…

39-1449. Bonds. (a) The authority is authorized from time to time to issue its bonds in such principal amount as the authority shall determine for the purpose of financing all or a part of the cost of any facilities authorized hereby or for the refinancing of outstanding obligati…

39-1450. Security for bonds and notes. The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge of, or security interest in, the revenues, rentals and receipts out of which the same may be made payable or from other moneys available t…

39-1450A. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

39-1450B. Purchase. The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.

39-1450D. Trust agreement to secure bonds. In the discretion of the authority any bonds issued under this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust …

39-1451. Payment of bonds — Nonliability of state. Bonds and notes issued by the authority shall not constitute or become an indebtedness, or a debt or liability of the state, the legislature thereof, or of any county, city, town, township, board of education or school district, …

39-1452. Exemption from taxation — Securities law. The authority is hereby declared to be performing a public function for the benefit of the people of the state for the improvement of their health and living conditions and to be a public instrumentality of the state. Accordingly…

39-1453. Rents and charges. The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each facility and to contract with any person, partnership, association or corporation, or…

39-1453A. Fees. All expenses of the authority incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability shall be incurred by the authority beyond the extent to which moneys shall have been prov…

39-1454. Conveyance of title to institution. When the principal of (an) and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued …

39-1455. Powers not restricted — Law complete in itself. Neither this act nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of…

39-1456. Facilities governed by laws of locality. All facilities shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.

39-1457. Investment of funds. The authority may invest the proceeds from the sale of a series of obligations or any funds related to the series in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of the st…