Title 66 — STATE CHARITABLE INSTITUTIONS

66-601. Definitions. For the purposes of this chapter, the following definitions shall apply: (1) "Agent" means an adult properly appointed to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative agen…

66-602. Declarations for mental health treatment. (1) A competent adult may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. The declaration shall nam…

66-603. Designation of agent. (1) A declaration may designate a competent adult to act as agent to make decisions about mental health treatment. An alternative agent may also be designated to act as agent if the original designee is unable or unwilling to act at any time. (2) The…

66-604. Signature — Witnesses. (1) A declaration is effective only if it is signed by the principal and two (2) competent adult witnesses. The witnesses must attest that the principal is personally known to them, signed the declaration in their presence, appears to be of sound mi…

66-605. Operation of declaration. (1) A declaration becomes operative when it is delivered to the principal’s physician or mental health treatment provider and remains valid until revoked. The physician or provider shall act in accordance with an operative declaration when the pr…

66-606. Powers of agent. (1) An agent who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with desires the principal has expressed in the dec…

66-607. Withdrawal. An agent may withdraw by giving notice to the principal. If a principal is incapable, the agent may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medic…

66-608. Limitations. A person may not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.

66-609. Actions contrary to declaration. The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only: (1) If the principal is committed to a treatment …

66-610. Relation to other statutes. A declaration does not limit any authority provided in this chapter either to take a person into custody or to admit, retain or treat a person in a health care facility.

66-611. Limited immunity. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action …

66-612. Penalty. It is a misdemeanor for a person to knowingly alter, forge, conceal or destroy a declaration, or the reinstatement or revocation of a declaration. In this section, "knowingly" has the meaning given in section 18-101 5., Idaho Code.

66-613. Form of declaration. A declaration for mental health treatment shall contain the following language, or language that is substantially similar. NOTICE TO PERSON MAKING A DECLARATION FOR MENTAL HEALTH TREATMENT. This is an important legal document. It creates a declaration…

66-901. Establishment of homes. On and after July 1, 2000, there shall be established in the division of veterans services in the department of self-governing agencies in this state homes for veterans which shall hereafter be known and designated as Idaho state veterans homes. Id…

66-904. Inspection of homes. The veterans homes shall be subject to inspection at any time by the governor or any officer of his staff designated by him for the purpose of making such inspection.

66-906. Succession to property of deceased resident. Hereafter, the application of any person for membership in a veterans home of this state and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the administ…

66-907. Admissions to and charges for residence at homes. The administrator of the division of veterans services in the department of self-governing agencies with the advice of the veterans affairs commission is hereby authorized and directed to establish appropriate admissions c…

66-908. receipt of resident funds. (1) Notwithstanding any other provision of law, the administrator of the division of veterans services or his designee may be appointed by the paying entity as a payee, fiduciary or other agent for the purposes of receiving funds payable to a re…

66-1101. Mental hospital permanent endowment fund. (1) There is established in the state treasury the mental hospital permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fu…

66-1101A. Mental hospital earnings reserve fund. (1) There is established in the state treasury the mental hospital earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state boar…

66-1102. Mental hospital income fund. There is established in the state treasury the mental hospital income fund. The fund shall consist of all moneys distributed from the mental hospital earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in…

66-1103. Charitable institutions permanent endowment fund. (1) There is established in the state treasury the charitable institutions permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by …

66-1104. Charitable institutions earnings reserve fund. (1) There is established in the state treasury the charitable institutions earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by…

66-1105. Charitable institutions income fund. There is established in the state treasury the charitable institutions income fund. The fund shall consist of all moneys distributed from the charitable institutions earnings reserve fund and from other sources as the legislature deem…

66-1106. Charitable institutions fund — Transfer of moneys to separate funds. Any and all moneys hereafter accruing to said charitable institutions fund shall be forthwith transferred and credited to the following designated funds in the following proportions, respectively, to wi…

66-1107. Moneys credited or accruing to special funds — Exclusive use. All moneys heretofore properly credited to or accruing to any special fund heretofore created out of any portion of the expendable income from the land grant of one hundred fifty thousand (150,000) acres afore…

66-1108. School for the deaf and the blind fund. Any and all funds heretofore accruing to the credit of the charitable institutions fund on the books of the state controller and state treasurer and not properly transferred or credited to funds known and designated as "The Academy…

66-1201. Enactment of compact. The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting states solemnly…

66-1202. Compact administrator. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regu…

66-1203. Supplementary agreements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall …

66-1204. Finances. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

66-1205. Transmission of copies of act. Duly authenticated copies of this act shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the Council of State Governmen…

66-1301. Program established. The state board of correction shall establish, operate and maintain a program for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a maximum security setting, and for other cri…

66-1302. Administrator. An administrator of the Idaho security medical program shall be appointed by the board of correction or its designee. The administrator shall be a reputable and qualified person experienced in the administration of programs for the care and treatment of pe…

66-1303. Administrator’s duties. The administrator shall: (1) Perform all duties required by law and by the board of correction not inconsistent with this chapter. (2) Maintain cognizance of and secure the professional care and treatment of each patient. (3) Maintain a complete r…

66-1304. Sources of residents. (1) Patients admitted to the program may originate from the following sources: (a) Commitments by the courts as unfit to proceed pursuant to section 18-212, Idaho Code. (b) Commitments by the courts of persons acquitted of a crime on the grounds of …

66-1305. Dangerous and mentally ill persons defined. For purposes of this chapter persons found to be both dangerous and mentally ill shall mean persons found by a court of competent jurisdiction pursuant to any lawful proceeding: (1) To be in such mental condition that they are …

66-1306. Final decision. The final decision regarding the admission or discharge of patients to the program shall rest with the director of the department of correction, after consultation with the administrator.

66-1307. Return of patient. When a patient transferred under the program from any other correctional institution or admitted by order of any court no longer requires special treatment in the maximum security setting, the patient shall be returned to the source from which received…

66-1308. Transportation of patients. When a patient is admitted to the program from a state institution or by order of any court, the expenses and responsibility for transportation of such patients from and to the facility where the patient will be admitted into the program shall…

66-1309. Costs and charges. The administrator shall seek recovery for expenses incurred in the evaluation, treatment and care of residents as follows: (a) Extraordinary costs for evaluation, treatment and care of referees by the court for psychosocial diagnosis and recommendation…

66-1310. Civil rights of residents. All patients received from any institution or facility under the jurisdiction of the department of health and welfare shall be accorded those civil rights provided by section 66-346, Idaho Code, with the exception of those aspects of the right …

66-1311. Right to humane care and treatment. Every patient shall be entitled to humane care and treatment.

66-1312. Standards for treatment. The department of correction and the department of health and welfare shall jointly develop appropriate standards for treatment of patients committed under this program. It shall be the responsibility of the administrator of the program to implem…

66-1313. Mechanical restraints. Mechanical restraints shall not be applied to a patient unless it is determined that such is necessary for either his safety or the safety of other persons at the facility. Every use of a mechanical restraint and the reasons therefor shall be made …

66-1314. Interstate contracts. The administrator is authorized to enter into agreements, through the department of correction, with other states for diagnosis and treatment of persons from such states who are both dangerous and mentally ill, on the basis of patient exchange or pe…

66-1315. Short title. This chapter may be referred to as and cited as the "Idaho Security Medical Program Act."

66-1316. Patients from other institutions. The state board of correction shall be authorized to receive and admit patients of any institution or facility under the jurisdiction of the department of health and welfare, which patients have been determined by a court to be both dang…

66-1317. Review of involuntary treatment. The state board of correction shall adopt procedures ensuring that treatment plans are developed for patients in the program for whom the court has authorized treatment, that the relative risks and benefits of specific modes of treatment …

66-1318. Transfer to noncorrectional facilities. Prisoners with a mental illness or defect committed to the board of correction may be transferred to facilities of the department of health and welfare in accordance with rules adopted pursuant to section 66-335, Idaho Code.