Title 39 — HEALTH AND SAFETY

39-2612. Enforcement. This chapter shall be enforced by the department, cities, counties, fire protection districts or other law enforcement agencies of the state.

39-2613. Penalties — Injunctions. Except as provided in section 39-2609, Idaho Code, any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who v…

39-2614. Rules. The department may adopt any rules necessary to carry out the provisions of this chapter which are consistent with the provisions of this chapter and which are necessary to carry out its duties under the provisions of this chapter.

39-2701. Alzheimer’s Disease and Related Dementias. (1) The legislature, having recognized that Alzheimer’s disease and related dementias (ADRD) are a looming state and national public health crisis and having found that it is in the best interest of the state and its citizenry t…

39-2801. Definitions. When used in this chapter: (1) "Vector" means an animal, such as an insect, that transmits a disease producing organism from one host to another. (2) "Vermin" means small animals, including insects, of public health and welfare concern which are difficult to…

39-2801A. Authorization to form abatement districts. There may be formed, under the provisions of this chapter, districts for the abatement of mosquitoes or other vermin of public health and welfare importance, in any area of the state from territory of one (1) or more counties, …

39-2802. Procedures for formation of abatement districts. (1) Abatement districts may be formed in the following ways: (a) Upon presentation to the board of county commissioners of a petition requesting the formation of an abatement district, which is signed by property owners of…

39-2803. Selection of officials of abatement districts. A board of trustees shall be appointed from those residing within the area of the proposed abatement district to govern the abatement district. The trustees appointed shall at the first meeting of each year elect a president…

39-2804. Powers and duties of abatement districts. The abatement district board of trustees is authorized: (1) To appoint a director to direct the activities of the district, in accordance with training and experience necessary to fulfill the duties of the position. (2) To appoin…

39-2805. Method of financing abatement districts. The board of county commissioners must levy upon taxable property within the district a tax at a rate not greater than sufficient to raise the amount determined by the board of trustees as approved by the board of county commissio…

39-2806. Annexation to abatement districts. Contiguous territories may be annexed to organized abatement districts upon petition of a majority of the legal voters in the territory seeking annexation and of the owners of more than half, by assessed value, of the taxable property i…

39-2807. Consolidation of abatement districts. Two (2) or more contiguous districts may be consolidated. Any district board of trustees may seek consolidation by adoption of a resolution by a majority vote of its members. Consolidation is accomplished by a majority vote of the me…

39-2808. Existing rights preserved. It is the purpose of this act to provide additional and cumulative remedies to prevent, abate and control the spread of mosquitoes and/or other vermin affecting the public health, safety and welfare of the people of the state of Idaho. Nothing …

39-2809. Short title. This chapter may be cited as the "Idaho Mosquito and Vermin Abatement Act."

39-2810. Withdrawal. Any portion of an abatement district which will not be reasonably benefited by remaining within such district may be withdrawn as in this section provided. Upon receiving a petition signed by fifty (50) or more landowners within the portion desired to be with…

39-2811. Hearing of petition for withdrawal. Any person interested may appear at the hearing and object to the withdrawal of the portion from the district, or may object to the continuance of the remaining territory as an abatement district. The board of county commissioners shal…

39-2812. Pests — Public health and welfare — Disasters — Emergencies — Interim abatement districts. (1) To provide for the timely response to an elevated or anticipated pest population that may constitute a risk to public health and welfare, the board of county commissioners of e…

39-2813. Operation of abatement districts by county. Any district board of trustees may seek operation of the district by the board of county commissioners by adoption of a resolution by a majority vote of its members and by a majority vote of the board of county commissioners. T…

39-2814. 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 …

39-3020. Western Interstate Nuclear Compact. The Western Interstate Nuclear Compact is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and any other state joining therein in accordance with the terms of …

39-3021. Representative on western interstate nuclear board. The member of the western interstate nuclear board representing the state of Idaho shall be appointed by the governor and serve at his pleasure.

39-3022. Alternate. The alternate required pursuant to article II(a) of the compact shall be designated by the western interstate nuclear board member representing the state of Idaho, and shall serve at his pleasure in an order specified by him.

39-3023. Copies of by-laws to be filed with state officers. Pursuant to article II(j) of the compact, the western interstate nuclear board shall file copies of its by-laws and any amendments thereto with the secretary of state and the executive director of the office of nuclear e…

39-3024. Persons dispatched to another state. The laws of the state of Idaho and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to article VI of the compact. If the aiding personnel are officers or employees of the s…

39-3025. Northwest Interstate Compact on Low-level Radioactive Waste Management. The Northwest Interstate Compact on Low-level Radioactive Waste Management is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the st…

39-3026. Implementation of article III. The state department of environmental quality shall adopt the practices and may impose the fees authorized under article III of the compact, except that the Idaho state police and the public utilities commission shall retain their existing …

39-3027. Law prohibiting use of nuclear energy for generation of electricity prohibited unless submitted to electorate. No law shall be enacted by the State of Idaho to prohibit the use of nuclear energy for the generation of electricity, unless the proposed measure shall have fi…

39-3028. Disposal of uranium mill tailings. (1) Legislative declaration. The legislature hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations could pose a potential radiation health hazard. This section is enacted to protect…

39-3121. DECLARATION OF POLICY. It is the policy of this state to provide treatment services for its citizens living with mental illness and/or substance use disorder, acknowledging that these illnesses cause intense human suffering and severe social and economic loss to the stat…

39-3122. DEFINITIONS. (1) "Adult" means an individual eighteen (18) years of age or older. (2) "Applicant" means an adult who is seeking mental health services through the department who has completed, or has had completed on the adult’s behalf, an application for mental health s…

39-3123. Designation of state mental health authority and state substance use disorder authority. The Idaho department of health and welfare is hereby designated the state mental health authority and the state substance use disorder authority, hereinafter referred to as the state…

39-3124. Idaho behavioral health cooperative. The behavioral health authority shall establish the Idaho behavioral health cooperative to advise it on issues related to the coordinated delivery of community-based behavioral health services. The membership shall include representat…

39-3125. State behavioral health planning council. (1) A state behavioral health planning council, hereinafter referred to as the planning council, shall be established to serve as an advocate for children and adults with behavioral health disorders; to advise the state behaviora…

39-3126. Designation of regional behavioral health centers. Recognizing both the need of every citizen to receive the best behavioral health services that the state is able to provide within budgetary confines and the disproportionate ability of counties to finance behavioral hea…

39-3127. COORDINATION OF SERVICES BETWEEN REGIONS AND STATE. The director of the department of health and welfare shall coordinate services between the regional behavioral health centers, regional behavioral health boards and the state psychiatric hospitals.

39-3128. FACILITIES FOR BEHAVIORAL HEALTH CENTERS. The state behavioral health authority may contract for the lease of facilities appropriate for the establishment of behavioral health centers. In order to encourage the development of comprehensive and integrated health care and …

39-3129. DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CENTERS — DUTIES. The director of the department of health and welfare shall appoint a division administrator to manage the regional behavioral health centers and shall supervise its program; shall prescribe uniform s…

39-3130. Reciprocal agreements between states to share services. In such regions where natural population groupings overlap state boundaries, an interstate regional behavioral health service may be established jointly with a neighboring state or states. In such instances, the sta…

39-3131. behavioral health Services to be offered. The regional behavioral health center shall provide or arrange for the delivery of services that, combined with community family support and recovery support services provided through the regional behavioral health boards, medica…

39-3131A. eligibility screening. (1) Individuals may access adult mental health services administered by the department through an eligibility screening. The eligibility screening must be directly related to the participant’s mental illness and level of functioning and based on t…

39-3132. REGIONAL BEHAVIORAL HEALTH BOARDS — ESTABLISHMENT. There is hereby created and established in each region a regional behavioral health board. It is legislative intent that the regional behavioral health boards operate and be recognized not as a state agency or department…

39-3133. EXECUTIVE COMMITTEE OF THE REGIONAL BEHAVIORAL HEALTH BOARDS. Each regional behavioral health board shall annually elect from within its membership an executive committee of five (5) members empowered to make fiscal, legal and business decisions on behalf of the full boa…

39-3134. Regional behavioral health board — Members — terms — appointment. A regional behavioral health board for each region shall consist of twenty-three (23) members and shall be appointed as provided herein. All meetings of the regional behavioral health board shall be held i…

39-3135. Powers and duties. The regional behavioral health board: (1) Shall advise the state behavioral health authority and the state planning council on local behavioral health needs of adults and children within the region; (2) Shall advise the state behavioral health authorit…

39-3136. Funds. The financial support for the regional behavioral health centers shall be furnished by state appropriations and by whatever federal funds are available in an identifiable section within the behavioral health program budgets. Behavioral health services that are fin…

39-3138. Existing state-county contracts for services. No section of this chapter shall invalidate, or prohibit the continuance of, existing state-county contracts for the delivery of behavioral health services within the participating counties.

39-3139. Title of chapter. This chapter may be cited as the "Regional Behavioral Health Services Act."

39-3140. behavioral health service costs. (1) As used in this section, "behavioral health services" means both voluntary and court-ordered services for the following programs: (a) Regional behavioral health services pursuant to chapter 31, title 39, Idaho Code; (b) Children’s men…

39-3141. waiver of background check denial. A certified individual who is seeking to provide peer support specialist, family support partner, or recovery coach services and receives an unconditional denial or a denial after an exemption review by the department may apply for a be…

39-3301. Legislative intent and declaration. The purpose of a residential care or assisted living facility in Idaho is to provide a humane, safe, and homelike living arrangement for adults who need assistance with activities of daily living and personal care but do not require th…