Title 39, HEALTH AND SAFETY

39-4416. Citizen suits. (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may comm…

39-4417. Hazardous waste emergency account. (1) There is hereby created an account in the state treasury to be designated the hazardous waste emergency account. (2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to the account …

39-4418. Local government notice. A permit for a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days’ notice to the board of county commissioners of the county in which the proposed facility or site is to be locat…

39-4419. Interstate cooperation. The director shall have the power and the duty to encourage cooperative activities between the department and other states for the improved management of hazardous wastes, and so far as is practical, to provide for uniform state regulations and fo…

39-4420. Employment security. (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against because the employee testifies, provides information or otherwise assist…

39-4421. Good samaritan protection. (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in pr…

39-4422. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act 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 remainin…

39-4423. Disposal of restricted hazardous wastes prohibited. (1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or …

39-4424. Disposal of manifested waste. Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested…

39-4426. Appointment of inspectors. (1) The department of environmental quality shall assign a sufficient number of employees and equipment to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous…

39-4427. Commercial disposal fees. (1) There is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, the lowest applicable fee for each ton of waste or fraction thereof, as follows: (a) Thirty …

39-4428. Collection of commercial disposal fees — Returns. (1) The fees imposed under section 39-4427, Idaho Code, shall be due and payable in monthly installments by the owner, agent, employee, or operator of such hazardous waste facility or site and remittance shall be made to …

39-4429. Books and records to be preserved — Entry and inspection by department of environmental quality. Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shall keep complete and accurate records, including itemized invoices a…

39-4430. Additions and penalties. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they may be subsequently amended, shall apply in the same manner and to the same …

39-4431. Collection and enforcement. (1) The collection and enforcement procedures available to the Idaho state tax commission provided by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3071,…

39-4432. Distribution of commercial disposal fee revenues. The revenues received from the commercial disposal fees imposed by this chapter and any penalties, interest, or deficiency additions, shall be paid over to the state treasurer by the department to be distributed periodica…

39-4433. siting license required — exemptions. (1) No person shall commence construction of or undertake any major modification of a commercial hazardous waste facility or any on-site land disposal facility for wastes listed in section 201(d)(2) and (e), as modified by section 20…

39-4434. SITING LICENSE APPLICATION and fee. (1) An application for a siting license shall include: (a) The name and address of the applicant; (b) The location or proposed location of the hazardous waste facility; (c) Engineering or hydrogeologic information demonstrating complia…

39-4435. minimum siting criteria for hazardous waste facilities. (1) A new hazardous waste facility shall not be sited: (a) Where: (i) The seasonal high depth of ground water, beneath the proposed site, is less than one hundred (100) feet below the lowest point of disposal. Perch…

39-4436. Duties of director upon receipt of siting license application. (1) Within forty-five (45) days of receiving an application, the director shall determine whether the application is complete and complies with the technical criteria required by section 39-4435, Idaho Code, …

39-4437. site review panels — establishment and organization. (1) A site review panel shall be established pursuant to this section to review each siting license application received by the department, ensure public input and involvement in the application and licensing process, …

39-4438. duties of site review panel. (1) The panel’s primary responsibility shall be to consider the concerns and objections submitted by the public. The panel shall facilitate efforts to provide that the concerns and objections are mitigated by proposing additional conditions f…

39-4439. LOCAL RESTRICTIONS ON HAZARDOUS WASTE facilities. An ordinance, permit requirement, or other requirement of a city or county shall not prohibit the construction of a hazardous waste facility in that city or county.

39-4440. CERTIFICATION OF CITY, COUNTY, OR HEALTH DISTRICT. (1) The director may certify a city, county, or health district to administer and enforce portions of this chapter to the extent consistent with maintaining authorization of the state’s hazardous waste management program…

39-4441. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. (1) Before construction of a hazardous waste facility, but in no case later than nine (9) months after approval of a site license for such facility, any owner or user of real property adversely affected by a…

39-4501. Purposes — Application. (1) The primary purposes of this chapter are: (a) To provide and codify Idaho law concerning consent for the furnishing of hospital, medical, dental, surgical, and other health care services and concerning what constitutes an informed consent for …

39-4502. Definitions. As used in this chapter: (1) "Advance care planning document," "advance directive," "directive," or "health care directive" means a document that: (a) Substantially meets the requirements of section 39-4510(1), Idaho Code; (b) Is a POST form; or (c) Is anoth…

39-4503. Persons who may consent to their own care. Any person, including one who is developmentally disabled and not a respondent as defined in section 66-402, Idaho Code, who comprehends the need for, the nature of, and the significant risks ordinarily inherent in any contempla…

39-4504. Persons who may give consent to care for others. [effective until January 1, 2027] (1) Consent for the furnishing of health care services to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in…

39-4505. Blood testing. (1) A licensed independent practitioner may consent to ordering tests of a patient’s or a deceased person’s blood or other body fluids for the presence of blood-transmitted or body fluid-transmitted viruses or diseases without the prior consent of the pati…

39-4506. Sufficiency of consent. Consent, or refusal to consent, for the furnishing of health care services shall be valid in all respects if the person giving or refusing the consent is sufficiently aware of pertinent facts respecting the need for, the nature of, and the signifi…

39-4507. Form of consent. It is not essential to the validity of any consent for the furnishing of health care services that the consent be in writing or any other specific form of expression; provided however, when the giving of such consent is recited or documented in writing a…

39-4508. Responsibility for consent and documentation. Obtaining sufficient consent for health care services is the duty of the attending licensed independent practitioner upon whose order or at whose direction the contemplated health care services are rendered; provided however,…

39-4509. Statement of policy — Definition. For purposes of sections 39-4509 through 39-4515, Idaho Code: (1) The legislature recognizes the established common law and the fundamental right of competent persons to control the decisions relating to the rendering of their health car…

39-4510. advance care planning document. (1) Any competent person aged eighteen (18) years or older may execute an advance care planning document (ACPD). Such document must contain the mandatory elements set forth in this section. Any provisions of an ACPD that are left blank by …

39-4511A. Revocation of advance care planning document. (1) An advance care planning document (ACPD) may be revoked at any time by the maker thereof by any of the following methods: (a) By being intentionally canceled, defaced, obliterated, burned, torn, or otherwise destroyed by…

39-4511B. suspension of advance care planning document. (1) An advance care planning document (ACPD) may be suspended at any time by the maker thereof by any of the following methods: (a) By a written signed suspension by the maker thereof expressing his intent to suspend; (b) By…

39-4512. Execution of advance care planning document. An advance care planning document shall be effective from the date of execution until it is revoked or replaced. Nothing in this chapter shall be construed to prevent a competent person from reexecuting an advance care plannin…

39-4512A. Physician orders for scope of treatment (POST). (1) A POST form is an order regarding scope of treatment signed by a licensed independent practitioner and a person or the person’s surrogate decision-maker, provided that the POST form shall not be contrary to the person’…

39-4512B. Adherence to post protocol. (1) Health care providers shall comply with a person’s POST instruction when presented with a POST form that meets the requirements of section 39-4512A, Idaho Code, or when a person is wearing a proper POST identification device pursuant to s…

39-4512C. Duty to inspect. Health care providers shall make reasonable efforts to inquire as to whether the patient has completed a POST form and inspect the patient for a POST identification device when presented with a situation calling for artificial life-sustaining treatment …

39-4513. Immunity. (1) No licensed independent practitioner, emergency medical services personnel, other health care provider, facility, or individual employed by, acting as the agent of, or under contract with any such health care provider or facility shall be civilly or crimina…

39-4514. General provisions. (1) Application. Except as specifically provided in this section, sections 39-4510 through 39-4512B, Idaho Code, shall have no effect or be in any manner construed to apply to persons not executing an advance care planning document or other health car…

39-4515. Health care directive registry. (1) The department of health and welfare shall create and maintain a health care directive registry. The health care directive registry shall be accessible through a web-based platform. The information contained in such registry shall incl…

39-4516. life-sustaining treatment for unemancipated minors. (1) This section shall be known and may be cited as "Simon’s Law." (2) As used in this section: (a) "Order not to resuscitate" means a licensed independent practitioner’s order that resuscitative measures shall not be p…

39-4517. pelvic examination of unconscious patient. (1) A health care provider may not knowingly perform or authorize a student practicing under the provider’s authority to perform a pelvic examination on a patient who is anesthetized or unconscious unless: (a) The patient or a p…