Title 39 — HEALTH AND SAFETY

39-3302. Definitions. As used in this chapter: (1) "Abuse" means a nonaccidental act of sexual, physical or mental mistreatment or injury of a resident through the action or inaction of another individual. (2) "Accident" means an unexpected, unintended event that can cause a resi…

39-3303. Payment levels. (1)(a) Clients of the department who are receiving financial aid as set out in sections 56-207 and 56-208, Idaho Code, seeking placement in a residential care or assisted living facility will be assessed by the department regarding their need for specific…

39-3304. Types of facilities. The state will foster the development of, and provide incentives for, residential care or assisted living facilities serving specific mentally ill and developmentally or physically disabled populations which are small in size to provide for family an…

39-3305. Rules. (1) The board is authorized to adopt, amend, repeal and enforce such rules, subject to legislative approval, as may be necessary or proper to carry out the purpose and intent of this chapter which are designed to protect the health, safety and individual rights of…

39-3307. Admissions. (1) A residential care or assisted living facility shall not admit or retain any resident requiring a level of services or type of service for which the facility is not licensed or which the facility does not provide or arrange for, or if the facility does no…

39-3308. Assessment. (1) Initial assessments may be completed within thirty (30) days prior to a resident’s move into a residential care or assisted living facility, but must be completed prior to admission. (2) The department shall employ uniform assessment criteria to assess fu…

39-3309. Negotiated service agreement. (1) Each resident shall be provided a negotiated service agreement to provide for coordination of services and for guidance of the staff and management of the facility where the person resides. Upon completion, the agreement shall clearly id…

39-3313. Admission agreements. (1) Upon admission to a residential care or assisted living facility, the facility and the resident shall enter into an admission agreement. The admission agreement shall clearly outline who is financially responsible for resident charges and shall …

39-3314. Termination of admission agreements. Admission agreements may only be terminated pursuant to rules promulgated by the board.

39-3315. Admission records. (1) Records required for admission to a facility shall be maintained and updated for administrative purposes only and shall be confidential. Their availability, subject to Idaho department of health and welfare rules, chapter 1, title 5, shall be limit…

39-3316. Resident rights. The administrator of a residential care or assisted living facility must ensure that policies and procedures are developed and implemented that protect and promote the rights of each resident, including each of the following rights: (1) Resident records.…

39-3316A. notice of residents’ rights. Each facility shall: (1) Inform each resident, orally and in writing, at the time of admission to the facility of the resident’s legal rights during the stay at the facility; (2) Make available to each resident, upon reasonable request, a wr…

39-3317. Notice of rights. Each facility must: (1) Inform each resident, orally and in writing at the time of admission to the facility, of his legal rights during the stay at the facility. (2) Make available to each resident, upon reasonable request, a written statement of such …

39-3318. Facility response to incidents and complaints. In addition to any other requirements of this chapter, the residential care or assisted living facility shall have a process in place to address incidents and complaints.

39-3321. Qualifications and requirements of administrator. (1) Each residential care or assisted living facility must employ at least one (1) administrator licensed by the division of occupational and professional licenses, which is responsible for licensing residential care faci…

39-3322. Qualifications and requirements for facility staff. (1) Each facility must employ or arrange for sufficient trained staff to fully meet the needs of its residents and the requirements of this chapter. The facility shall have sufficient staff to provide care during all ho…

39-3324. Staff training. All employees of a residential care or assisted living facility shall receive orientation and continuing education pertinent to their job responsibilities.

39-3325. Requirements for location and physical environment of facilities. Licensed residential or assisted living facilities shall: (1) Be located in geographical areas which are accessible to supportive services and are free from conditions which would pose a danger to the resi…

39-3326. Medications. The medication policy governed by the policy and procedure of the facility shall include a policy permitting, under the conditions specified, a licensed nurse to fill individual dose systems such as blister pack, mediset, or other system approved by the depa…

39-3330. Advisory council. The department shall establish a state level advisory council consisting of twenty (20) members appointed by the organizations and/or agencies represented on the council. The chairman of the council shall be elected from the membership. The members of t…

39-3331. Powers and duties of the advisory council. The residential care or assisted living advisory council shall have the following powers and duties: (1) To make policy recommendations regarding the coordination of licensing and enforcement standards in residential care or ass…

39-3332. Meetings. The residential care or assisted living advisory council shall meet as necessary but not less than four (4) times a year. Meetings of the council shall be open to the public. The department shall provide: (1) Staff necessary to assist the council in performing …

39-3333. Reimbursement of expenses. Members of the residential care and assisted living advisory council shall be reimbursed by the department for their actual expenses incurred in the performance of their duties, not to exceed the limits set forth in the state travel guidelines.

39-3340. Licensing. (1) Any person, firm, partnership, association, governmental unit, or corporation within the state proposing to operate, establish, manage, conduct, or maintain a residential care or assisted living facility in the state shall have a license issued by the lice…

39-3345. Denial or revocation of a license. The licensing agency may deny the issuance of a license or revoke any license when persuaded by a preponderance of evidence that such conditions exist as to endanger the health or safety of residents, or when the facility is not in subs…

39-3349. Responsibility for inspections and technical assistance. The licensing agency shall inspect and provide technical assistance to residential care or assisted living facilities. The department may provide consulting services upon request to any residential care or assisted…

39-3351. Exemptions. The provisions of this chapter do not apply to any of the following: (1) Any health facility as defined by chapter 13, title 39, Idaho Code; (2) Any house, institution, hotel, congregate housing project, retirement home or other similar place that is limited …

39-3352. Unlicensed residential care or assisted living facilities. (1) No unlicensed residential care or assisted living facility shall operate in this state. (2) A facility shall be deemed to be an "unlicensed residential care or assisted living facility" and "maintained and op…

39-3355A. inspections. (1) The licensing agency shall cause to be made such inspections and investigations to determine compliance with this chapter and applicable rules. (2) Initial inspections, licensure or re-licensure inspections, follow-up inspections, and fire life safety i…

39-3355B. plan of correction for core issues. (1) The facility shall either accept the proposed plan of correction for core issues or develop and submit an acceptable plan of correction to the licensing agency within ten (10) business days of receipt of the written report of iden…

39-3356. Complaints. (1) A person who believes that any provision of this chapter has been violated may file a complaint with the licensing agency. (2) The licensing agency shall investigate, or cause to be investigated, any complaint alleging a violation of this chapter or appli…

39-3357. Enforcement process. (1) If the licensing agency finds, on the basis of inspections as defined in this chapter or otherwise, that a residential or assisted living facility no longer meets a requirement of this chapter, and further finds that the facility’s deficiencies: …

39-3358. Specified remedies. (1) The department shall establish at least the following remedies: (a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis. (b) A civil money penalty assessed and collect…

39-3401. Short title. This chapter shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."

39-3401A. Storage and transport of human bodies or body parts — Duties of state department of health and welfare — Enforcement and penalties. (1) In addition to any other duties and responsibilities, the director of the department of health and welfare shall register facilities f…

39-3402. Definitions. In this chapter: (1) "Adult" means an individual who is at least eighteen (18) years of age. (2) "Agent" means an individual: (a) Authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (b) Expressly auth…

39-3403. Applicability. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

39-3404. Who may make anatomical gift before donor’s death. Subject to section 39-3408, Idaho Code, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in s…

39-3405. Manner of making anatomical gift before donor’s death. (1) A donor may make an anatomical gift: (a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (b) In a…

39-3406. Amending or revoking anatomical gift before donor’s death. (1) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke an anatomical gift by: (a) A record signed by: (i) …

39-3407. Refusal to make anatomical gift — Effect of refusal. (1) An individual may refuse to make an anatomical gift of the individual’s body or part by: (a) A record signed by: (i) The individual; or (ii) Subject to subsection (2) of this section, another individual acting at t…

39-3408. Preclusive effect of anatomical gift, amendment or revocation. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor …

39-3409. Who may make anatomical gift of decedent’s body or part. (1) Subject to subsections (2) and (3) of this section and unless barred by section 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research …

39-3410. Manner of making, amending or revoking anatomical gift of decedent’s body or part. (1) A person authorized to make an anatomical gift under section 39-3409, Idaho Code, may make an anatomical gift by a document of gift signed by the person making the gift or by that pers…

39-3411. Requirements for informed consent. In the absence of a document of gift or other evidence of an individual’s intention to make or refuse to make an anatomical gift, the following information shall be provided to any person or persons, listed in section 39-3409, Idaho Cod…

39-3412. Persons that may receive anatomical gift — Purpose of anatomical gift. (1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital; accredited medical school, dental school, college, or university; organ procurement organizat…

39-3413. Search and notification. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer. (2) The following persons shall make a reasonable search of an individual w…

39-3414. Delivery of document of gift not required — Right to examine. (1) A document of gift need not be delivered during the donor’s lifetime to be effective. (2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomica…

39-3415. Rights and duties of procurement organization and others. (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Idaho transportation department and any donor registry…

39-3416. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.