Title 39, HEALTH AND SAFETY

39-242. DUTIES OF DIRECTOR. The director shall: (a) Establish a vital statistics unit with suitable offices properly equipped for the preservation of its official records; (b) Install statewide system of vital statistics; (c) Supervise and require the enforcement of this chapter …

39-243. STATE REGISTRAR OF VITAL STATISTICS. The director shall designate and appoint a state registrar of vital statistics who shall be qualified in accordance with the standards prescribed by law or regulations of the board. Compensation shall be fixed in the same manner as the…

39-244. DUTIES OF STATE REGISTRAR. The state registrar, under the direction of the director, shall: (a) Have charge of the vital statistics unit; (b) Be official custodian of all its files and records; (c) Perform the duties prescribed by law and the regulations of the board; (d)…

39-245. CERTIFICATE FORMS. The form of certificates used under the provisions of this chapter shall be prescribed by the director and shall include as a minimum the items required by the respective standard certificates as recommended by the national agency in charge of vital sta…

39-245A. CERTIFICATES OF BIRTH -- MATERIAL FACTS INCLUDED -- AMENDMENTS. (1)(a) The legislature finds that: (i) There is a compelling interest in maintaining accurate, quantitative, biology-based material facts on Idaho certificates of birth that provide material facts fundamenta…

39-246. LOCAL REGISTRATION DISTRICTS. The director shall establish registration districts and change the boundaries of the same from time to time which shall conform to political subdivisions, or combinations or parts thereof.

39-247. LOCAL REGISTRATION OFFICERS. The state registrar shall appoint local registration officers for such registration districts as are established by the director. Such local registration officers shall meet the qualifications fixed by the board, and shall perform such duties …

39-248. OTHER EMPLOYEES. The director shall provide such assistants as the vital statistics unit may require and determine the compensation and duties of persons thus employed.

39-249. TRANSMITTAL OF CERTIFICATES AND LOCAL RECORDS. Local registration officers shall transmit all certificates filed with them to the state registrar in accordance with the regulations of the board. Complete and accurate copies of all certificates shall be made by the local r…

39-250. COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER ALTERATIONS PROHIBITED. A certificate of any event shall be completed, corrected, amended or otherwise altered after being filed with the vital statistics unit only in accordance with this chapter and rules p…

39-252. FEE FOR COPIES, SEARCHES AND OTHER SERVICES -- DEATH CERTIFICATES. (1) The state registrar shall be entitled to receive a fee of thirteen dollars ($13.00) for the making of certified copies of records or for a search of the files when no copies are made, provided that the…

39-253. ACCOUNTING FOR FEES. Fees received from the certifications of such records, from a search of the files or for other services shall be accounted for as prescribed by the state controller.

39-255. REGISTRATION OF BIRTHS. A certificate of each birth which occurs in this state shall be filed with the local registrar of the district in which the birth occurs, or as otherwise directed by the state registrar, within fifteen (15) days of the date of birth. No certificate…

39-255A. REGISTRATION OF BIRTHS TO GESTATIONAL CARRIERS. (1) Subject to the requirements set forth in section 39-255, Idaho Code, a certificate of live birth shall be filed with the bureau of vital records and health statistics by the certifier with parentage as determined by the…

39-256. REGISTRATION OF FOUNDLINGS. A foundling certificate shall be filed for each child of unknown parentage within fifteen (15) days of the time the child was found and in the form prescribed by the board. The certificate shall be prepared by the person assuming custody of the…

39-257. MARRIAGE OF NATURAL PARENTS OF PERSON BORN IN IDAHO -- JUDICIAL DETERMINATION OF PARENTAGE OF PERSON BORN IN IDAHO -- NEW BIRTH CERTIFICATES -- PROCEDURE. When a person born in Idaho has been legitimated by the subsequent marriage of said person's natural parents and imme…

39-258. ADOPTION OF PERSONS BORN IN IDAHO -- NEW BIRTH CERTIFICATE ISSUED TO REPLACE ORIGINAL CERTIFICATE -- PROCEDURE -- ADOPTION PROCEEDINGS NOT OPEN TO INSPECTION WITH CERTAIN EXCEPTIONS -- DUTIES OF THE CLERKS OF COURTS ISSUING ADOPTION DECREES -- DUTIES OF STATE REGISTRAR OF…

39-259. ADOPTION OF PERSONS BORN IN FOREIGN COUNTRIES. (1) When it appears from a final decree of adoption issued by an Idaho court that a person born in a foreign country has been adopted in Idaho by someone other than the person's natural parents, the court shall require the pr…

39-259A. VOLUNTARY ADOPTION REGISTRY FOR PROVIDING LIMITED ACCESS TO BIRTH INFORMATION OF ADULT ADOPTEES. (a) The state registrar of vital statistics shall establish and maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of…

39-260. REGISTRATION OF DEATHS AND STILLBIRTHS. (1) A certificate of each death which occurs in this state shall be filed with the local registrar of the district in which the death occurs, or as otherwise directed by the state registrar, within five (5) days after the occurrence…

39-260A. REGISTRATION OF STILLBIRTHS TO A GESTATIONAL CARRIER. If a stillbirth occurs and the stillborn child was delivered under the terms of a gestational agreement entered and validated pursuant to chapter 16, title 7, Idaho Code, then a certificate of stillbirth shall be file…

39-261. INDUCED ABORTION REPORTING FORMS -- COMPILATIONS. (a) The vital statistics unit shall establish an induced abortion reporting form, which shall be used for the reporting of every induced abortion performed in this state. However, no information shall be collected which wo…

39-262. REGISTRATION OF MARRIAGE -- MARRIAGE CERTIFICATES FILED. Every person who performs a marriage ceremony shall prepare and sign a certificate of marriage in duplicate, one (1) of which shall be given to the parties and the other filed by said person within ten (10) days aft…

39-263. MARRIAGE LICENSE FEES. Every county recorder shall be paid a fee, to be established by regulations adopted by the board, for each marriage certificate recorded with said recorder and forwarded to the state registrar. The recording fee shall be as provided by section 31-32…

39-265. REGISTRATION OF DIVORCES -- ANNULMENTS OF MARRIAGE. (a) A certificate of each divorce or annulment granted by any court in this state shall be filed by the clerk of the court with the vital statistics unit and shall be registered if it has been completed and filed in acco…

39-266. FEE FOR COURT CLERK. The clerk of the court shall be paid a fee for each certificate forwarded by the clerk to the state registrar in accordance with the provisions of this chapter and regulations of the board. Said fee to be collected as a part of the court costs and be …

39-267. DELAYED REGISTRATION. Any certificate required to be filed under this chapter accepted for filing after the time prescribed by the board shall be filed in accordance with the minimum standards prescribed by the national agency in charge of vital statistics. (1) If a delay…

39-268. AUTHORIZATION FOR FINAL DISPOSITION. (1) The mortician or person acting as such who first assumes possession of a dead body or stillborn fetus shall make a written report to the registrar of the district in which death or stillbirth occurred or in which the body or stillb…

39-269. DISINTERMENT -- RULES. (1) No body or stillborn fetus shall be disinterred within the state of Idaho except upon a permit granted by the state registrar of vital statistics. The forms of disinterment permits shall be prepared by the state registrar. (2) Disinterment and r…

39-270. DISCLOSURE OF INFORMATION. (a) Certificates and records in the custody of the state registrar shall be open to inspection subject to the provisions of this chapter and the rules of the board, the provisions of section 74-102, Idaho Code, to the contrary notwithstanding; a…

39-271. RECORDS OF INSTITUTIONS. Every person in charge of an institution, public or private, to which persons resort for treatment of diseases, confinements, or are committed by law, shall record all the personal and statistical particulars relative to those persons admitted or …

39-272. DUTIES TO PROVIDE INFORMATION. For the purposes of compilation of the vital record, any person having knowledge of the facts shall furnish to the state registrar such information as they may possess regarding any birth, death, stillbirth, marriage or divorce.

39-273. PENALTIES. (a) The following acts, if committed unlawfully, purposely and with the intent to deceive, shall be felonies punishable by a fine of not more than five thousand dollars ($5,000) or imprisonment of not more than five (5) years, or both: (1) furnishing false or f…

39-274. EVIDENTIARY CHARACTER OF RECORDS AND COPIES OF RECORDS. Any certificate filed in accordance with the provisions of this chapter and the regulations prescribed by the board, or any copy of such records or part thereof, duly certified by the state registrar, shall be prima …

39-275. APPLICABILITY. The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, stillbirth, and reports of induced abortion previously received by the vital statistics unit and in the custody of the state registrar.

39-276. UNIFORMITY OF INTERPRETATION. This chapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

39-277. AUTOPSIES FOR SUSPECTED CREUTZFELDT-JAKOB DISEASE. When an attending physician or hospital has reported to the department of health and welfare that Creutzfeldt-Jakob disease (CJD) or variant CJD is suspected in relation to a person's death, the state epidemiologist, as d…

39-278. PROCEDURE FOR DELAYED REGISTRATION OR AMENDMENT OF VITAL RECORD. (1) Following exhaustion of any administrative procedures or remedies provided by this chapter or by department rule, if an applicant has been denied a request to amend a vital record as provided by section …

39-279. 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 …

39-301. DECLARATION OF POLICY. It is the policy of this state that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs but rather should be a…

39-302. DEFINITIONS. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning: (1) "Addiction" or "alcoholism" means a primary, chronic, neurobiological disease with genetic, psychosocial an…

39-304. COMPREHENSIVE PROGRAM FOR TREATMENT. The Idaho department of health and welfare is hereby designated as the state substance abuse authority. (1) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics, intoxicated persons and…

39-305. STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACILITIES -- ENFORCEMENT PROCEDURES -- PENALTIES. (1) The board of health and welfare shall establish standards for approved treatment facilities, which shall be met in order for a treatment facility to be approved as a public o…

39-305A. QUALIFIED SUBSTANCE USE DISORDERS PERSONNEL. Each behavioral health program providing substance use disorders services shall employ the number and variety of staff needed to provide the services and treatments offered by the program as a multidisciplinary team. The progr…

39-305B. QUALIFIED SUBSTANCE USE DISORDERS PROFESSIONAL TRAINEES. (1) Prior to beginning work, a qualified substance use disorders professional trainee practicing in the provision of substance use disorders services shall possess either: (a) A substance use disorder associate cer…

39-305C. WAIVER OF CRIMINAL HISTORY AND BACKGROUND CHECK. (1) Anyone who receives an unconditional denial or a denial after an exemption review by the department may apply for a behavioral health waiver to provide substance use disorder treatment or recovery support services. (2)…