Title 54 — PROFESSIONS, VOCATIONS, AND BUSINESSES

54-1801. Short title. This chapter may be cited as the "Medical Practice Act."

54-1802. Purpose. Recognizing that the practice of medicine is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of physi…

54-1803. Definitions. As used in this chapter: (1) "Practice of medicine" means: (a) The investigation, diagnosis, treatment, correction, or prevention of or prescription for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any m…

54-1804. Unlicensed practice — Penalties and remedies relating to unlicensed practice. (1) Under the circumstances described and subject in each case to limitations stated, the following persons, though not holding a license to practice medicine in this state, may engage in activ…

54-1805. The state board of medicine established. (1) There is hereby established in the division of occupational and professional licenses a state board of medicine to be composed of eleven (11) members. (2) (a) The board shall consist of eleven (11) members. The director of the…

54-1806. Powers and duties. The board shall have the authority to: (1) Establish, pursuant to the administrative procedure act, rules for administration of this chapter, including rules establishing procedures for the receipt of complaints and for the investigation and dispositio…

54-1806A. Medical disciplinary enforcement. The board of medicine shall create a committee on professional discipline which shall have the authority under the direct supervision and control of the board to conduct professional disciplinary enforcement investigations under this ch…

54-1807. State board of medicine — Registration. Interns and residents must register with the board prior to the commencement of any activities constituting the practice of medicine in this state. Registration shall include disclosure of the applicant’s prior education and traini…

54-1807A. physician assistants — physician assistant advisory committee. (1) Physician assistants must be licensed by the board prior to the commencement of activities that may involve the practice of medicine in this state. The licensure requirements for physician assistants sha…

54-1808. Board to issue licenses. (1) The board shall issue licenses to practice medicine and osteopathic medicine to persons who have qualified therefor in accordance with the provisions of this act. The board may refuse licensure if it finds that the applicant has engaged in co…

54-1808A. preceptors — continuing education. (1) In order to promote preceptorship experiences, a primary care health professional applying to renew a professional license as a physician or physician assistant shall track and report any hours spent acting as a preceptor to a grad…

54-1809. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs …

54-1810. physician Licensure by written examination. Any person seeking to be licensed to practice medicine or osteopathic medicine as a physician in this state must successfully complete the following requirements before a license will be issued: (1) Each applicant must submit a…

54-1810A. physician assistant licensure. Any person seeking to be licensed to practice medicine as a physician assistant in this state must successfully complete the following requirements before a license will be issued: (1) Each applicant must submit a completed written applica…

54-1811. physician Licensure by endorsement. Any person seeking to be licensed to practice medicine as a physician in this state who is licensed to practice medicine in another state must successfully complete the following requirements before a license to practice medicine will …

54-1812. Graduates of medical schools located outside of the United States and Canada. (1) The board shall grant a three (3) year provisional license to international physicians who: (a) Submit a completed written application to the board on forms furnished by the board, which sh…

54-1813. Temporary license and registration. (1) The board may by rule provide for the issuance of a temporary license to a person licensed to practice medicine or osteopathic medicine in some other state, territory, or district of the United States or Canada or to a person who i…

54-1814. Grounds for medical discipline. Every person licensed to practice medicine, or registered as an intern or resident in this state is subject to discipline by the board pursuant to the procedures set forth in this chapter and rules promulgated pursuant thereto upon any of …

54-1815. Violation of act — Injunction. Whenever any person is found violating any of the provisions of this chapter, the department or the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person from doing any…

54-1818. Reporting of violations by physicians. A licensed physician or physician assistant possessing knowledge of a violation of section 54-1814, Idaho Code, by any other physician or physician assistant licensed to practice medicine in Idaho shall with reasonable promptness re…

54-1820. Access to records. All papers, records, correspondence, communications and proceedings of the Idaho state board of medicine shall be open and public except as otherwise provided in chapter 1, title 74, Idaho Code.

54-1821. no physician-patient relationship for informal consultations. (1) No physician-patient relationship is created between a physician licensed under this chapter and an individual not otherwise a patient of that physician when a physician is contacted by another physician o…

54-1831. Short title. This act shall be known as the "Disabled Physician and Physician Assistant Act."

54-1832. Grounds for restriction, suspension, or revocation of license. The license of any physician or physician assistant to practice medicine in this state shall be subject to restriction, suspension, or revocation, as hereinafter provided, in case of inability of the licensee…

54-1833. Duties of board of medicine. (1) If the board of medicine ("board") has reasonable cause to believe that a physician or physician assistant licensed to practice medicine in this state is unable to practice medicine with reasonable skill and safety to patients because of …

54-1834. Proceedings. (1) The board may proceed against a physician or physician assistant under this act by serving upon such physician or physician assistant at least fifteen (15) days’ notice of a time and place fixed for a hearing. Such notice shall be served upon the license…

54-1835. RIGHT TO APPEAL AND Reinstatement. (1) A physician or physician assistant whose license is suspended under section 54-1833(4) has the right to a hearing to appeal the suspension within ten (10) days after the license is suspended. The hearing held under this subsection s…

54-1836. Judicial review. All final decisions by the board of medicine shall be subject to judicial review pursuant to the procedures of the administrative procedure act, chapter 52, title 67, Idaho Code.

54-1841. Volunteer’s license — Qualifications. (1) Upon application and qualification, the board may issue, without examination, a volunteer’s license to a physician or physician assistant who is retired from the active practice of medicine or osteopathic medicine to enable the r…

54-1842. interstate medical licensure compact. The interstate medical licensure compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows in sections 54-1843 through 54-1866, Idaho Code.

54-1843. purpose. In order to strengthen access to health care and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the ex…

54-1844. definitions. As used in this compact: (1) "Bylaws" means those bylaws established by the interstate commission pursuant to section 54-1853, Idaho Code, for its governance, or for directing and controlling its actions and conduct. (2) "Commissioner" means the voting repre…

54-1845. eligibility. (1) A physician must meet the eligibility requirements as defined in section 54-1844(11), Idaho Code, to receive an expedited license under the terms and provisions of the compact. (2) A physician who does not meet the requirements of section 54-1844(11), Id…

54-1846. designation of state of principal license. (1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice med…

54-1847. application and issuance of expedited license. (1) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license. (2) Upon receipt of an …

54-1848. fees for an expedited license. (1) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact. (2) The interstate commission is authorized to develop rules regarding …

54-1849. renewal and continued participation. (1) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician: (a) Maintains a full and unrestricted license in a state of principal li…

54-1850. coordinated information system. (1) The interstate commission shall establish a database of all physicians licensed or who have applied for licensure under the compact. (2) Notwithstanding any other provision of law, member boards shall report to the interstate commissio…

54-1851. joint investigations. (1) Licensure and disciplinary records of physicians are deemed investigative. (2) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other…

54-1852. disciplinary actions. (1) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical prac…

54-1853. interstate medical licensure compact commission. (1) The member states hereby create the interstate medical licensure compact commission. (2) The purpose of the commission is the administration of the interstate medical licensure compact, which is a discretionary state f…

54-1854. powers and duties of the interstate commission. The interstate commission shall have the duty and the power to: (1) Oversee and maintain the administration of the compact; (2) Promulgate rules that shall be binding to the extent and in the manner provided for in the comp…

54-1855. finance powers. (1) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual bu…

54-1856. organization and operation of the interstate commission. (1) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve (…

54-1857. rulemaking functions of the interstate commission. (1) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises…

54-1858. oversight of interstate compact. (1) The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions o…

54-1859. enforcement of interstate compact. (1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact. (2) The interstate commission may, by majority vote of the commissioners, initiate legal action in the U…

54-1860. default procedures. (1) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or the rules and bylaws of the interstate commission promulgated under the compact. (…

54-1861. DISPUTE RESOLUTION. (1) The interstate commission shall attempt upon the request of a member state to resolve disputes which are subject to the compact and which may arise among member states or member boards. (2) The interstate commission shall promulgate rules providin…

54-1862. member states, effective date and amendment. (1) Any state is eligible to become a member state of the compact. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven (7) states. Thereafter, it shall be…