Title 39 — HEALTH AND SAFETY

39-4704. AUTHORIZATION AND FUNDING. (1) The department is authorized to develop and assist in the implementation of the yellow dot program. (2) The department may accept donations and grants from any source, including eligible federal safety funds, to pay the expenses the departm…

39-4705. PUBLICIZING PROGRAM. The department shall take reasonable measures to publicize the yellow dot program to potential participants, law enforcement officers, and emergency medical responders. In publicizing the yellow dot program, the department may cooperate with local la…

39-4706. STANDARD MEDICAL INFORMATION FORM. (1) The department is authorized to create a standard medical information form providing space for each participant to supply, at a minimum, the following information: (a) The participant’s name; (b) A photograph of the participant; (c)…

39-4707. DISTRIBUTION of program materials. (1) The department may provide for, assist in, or authorize the printing of the standard medical information form as provided in section 39-4706, Idaho Code, and assembling of a yellow dot folder containing the medical information form …

39-4708. MOTOR VEHICLE ACCIDENTS OR EMERGENCY SITUATIONS. (1) If a driver or passenger of a motor vehicle becomes involved in a motor vehicle accident or emergency situation and a yellow dot decal is affixed to the vehicle, an emergency medical responder or other responder at the…

39-4709. LIABILITY. Except for wanton or willful conduct, no emergency medical responder or other responder, nor any employer of an emergency medical responder or other responder, shall incur any liability if the emergency medical responder or other responder is unable to make co…

39-4710. PRESENCE OF A YELLOW DOT ON A MOTOR VEHICLE SHALL NOT PROVIDE PROBABLE CAUSE. Nothing in this chapter shall provide a peace officer with probable cause or other legal authority to stop a motor vehicle. Except for the limited authority provided in section 39-4708, Idaho C…

39-4801. Immunization — exemptions. (1) Except as provided in subsections (5) and (6) of this section, any child in Idaho of school age may attend preschool and kindergarten through grade twelve (12) of any public, private, or parochial school operating in this state if otherwise…

39-4803. Immunization registry. (1) The department of health and welfare shall provide for the establishment of a voluntary registry of the immunization status of Idaho children against childhood diseases. The registry shall be maintained and its data disclosed as set out herein …

39-4804. Notification to parent or guardian. (1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that: (a) Immunizations are not mandatory and may be refused on religious or other grounds; (b) Participation …

39-5001. Policy. The policy of the state of Idaho is hereby declared to be a recognition of the increasing number of persons in the state who, having fulfilled the valuable role of homemaker, find themselves displaced because of death or disability of spouse, or divorce or other …

39-5002. Definitions. For purposes of this chapter: (1) "Displaced homemaker" means a person who: (a) Has worked in the home providing household services for family members, but who has lost the primary source of economic support and who must gain employment skills in order to ea…

39-5003. Service centers. The administrator is authorized to establish multipurpose service centers for displaced homemakers. Each center shall have an advisory board appointed by the administrator in consultation with the director of the center. Such board shall consist of indiv…

39-5004. Site selection. (a) In selecting sites for the centers established under this chapter, the administrator shall consider: (1) The needs of each region of the state for a center; (2) The needs of both urban and rural communities; and (3) The availability of existing facili…

39-5005. Eligibility and fees. The administrator with the advice of the staff at the centers, shall promulgate rules concerning the eligibility of persons to receive assistance through the multipurpose service centers. A sliding fee may be charged for services at the discretion o…

39-5006. Grants and gifts. The director of the center may, with approval of the administrator, apply for and accept any funds, grants, gifts or services made available by any agency or department of the federal government or any private agency or individual, which funds shall be …

39-5007. Reports of each center. The director of each center shall report to the administrator or his/her designee, and shall evaluate the effectiveness of the job training, placement and service to displaced homemakers, including the number of persons trained, the number of pers…

39-5008. Discrimination prohibited. No person shall, on the ground of sex, age, race, color, religion, national origin or disability, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity made available under…

39-5009. Displaced homemaker account — Fees on filing of divorce action. (1) There is hereby created in the state operating fund the displaced homemaker account. All fees collected pursuant to subsection (2) of this section shall be deposited in the account. All moneys in the acc…

39-5201. Declaration of policy. The legislature finds that domestic violence is an issue of growing concern. Research findings show that domestic violence constitutes a significant percentage of homicides, aggravated assaults, and assaults and batteries in the United States. Dome…

39-5202. Definitions. As used in this chapter: (1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member. (2) "Family or household member" means one who is related by blood, marriage, or who resides or…

39-5203. Council on domestic violence and victim assistance. (1) The Idaho council on domestic violence and victim assistance is hereby established. The council shall be the advisory body for programs and services affecting victims of domestic violence and other crimes in Idaho. …

39-5204. Composition. The council shall consist of seven (7) members appointed by the governor. At least one (1) member shall reside in each of the substate regions established pursuant to section 39-104, Idaho Code. Members shall represent persons who are victims of domestic vio…

39-5205. Appointment and term of office. Each member of the council shall be appointed for a term of three (3) years, except that of the members first appointed; two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and thr…

39-5206. Compensation and expenses. Members of the council shall be entitled to receive actual and necessary expenses plus compensation as provided in section 59-509(g), Idaho Code.

39-5207. Organization of council — Employment of necessary personnel. (1) The council shall annually designate one (1) of its members to serve as chairman and one (1) member to serve as vice chairman, who shall act as chairman in the chairman’s absence. The chairman shall call me…

39-5208. Responsibilities and duties. The council shall: (1) Establish standards for projects applying for grants from the council under this chapter; (2) Disseminate information on availability of funds and the application process; (3) Receive grant applications for the developm…

39-5209. Rules. The council shall promulgate, adopt and amend rules and criteria to implement the provisions of this chapter regarding applications and grants for domestic violence project funding and for funding under any other grant program administered by the council. Such pro…

39-5210. Eligible projects. To be eligible for domestic violence grants pursuant to this chapter, a project must provide a safe house or refuge and a crisis line, except in the case of a project providing services to batterers. No funds may be granted to batterer programs from th…

39-5211. Qualifications of applicants. To qualify for domestic violence grants under the provisions of this chapter, an applicant must: (1) Propose to operate and provide an eligible project; (2) Be a private, nonprofit corporation of the state of Idaho, or a public entity of the…

39-5212. Domestic violence project account. There is hereby created in the state operating fund the domestic violence project account. Moneys received from the fees imposed by section 39-5213, Idaho Code, and section 39-6312, Idaho Code, shall be credited to the account and shall…

39-5213. Fee imposed. (1) In addition to the fee due to the county recorder of each county of this state under the provisions of section 31-3205, Idaho Code, for the issuance of a marriage license, the recorder shall collect upon presentation of proper identification by the appli…

39-5301. Short title. This chapter shall be known and may be cited as the "Adult Abuse, Neglect and Exploitation Act."

39-5301A. Declaration of policy. (1) It is the intent of the adult abuse, neglect, and exploitation act to authorize the fewest possible restrictions on the exercise of personal freedom and religious beliefs consistent with a vulnerable adult’s need for services and to empower vu…

39-5302. Definitions. (1) For the purposes of this chapter: (a) "Administrator" means the administrator of the Idaho commission on aging appointed pursuant to section 67-5004, Idaho Code. (b) "Adult" means a person aged eighteen (18) years or older. (c) "Adult protective services…

39-5303. Duty to report cases of vulnerable adult maltreatment. (1) Licensed medical professionals, emergency services personnel, facility employees, skilled nursing facility employees, employees of an entity responsible for providing care to a vulnerable adult, medical examiners…

39-5303A. limited Exemption from duty to report for facilities and skilled nursing facilities. (1) The requirements set forth in section 39-5303, Idaho Code, pertaining to the reporting of vulnerable adult maltreatment to the commission or the department shall not apply to situat…

39-5304. Reporting requirements, investigation, emergency access. (1) When a report is made by an individual or required pursuant to this chapter, such report shall be made to the commission or appropriate provider. If known, the report shall contain: (a) The name and address of …

39-5305. Inspections — Right of entry. (1) Upon receiving information that a vulnerable adult is alleged to be maltreated, the commission or provider shall cause such investigation to be made in accordance with the provisions of this chapter as is appropriate. In making the inves…

39-5306. services. (1) If there is substantiated maltreatment of a vulnerable adult, the commission or provider has the responsibility to assist the adult in obtaining available services. (2) If the commission or provider develops a protective action plan of supportive services f…

39-5307. Access to records. Any person, department, agency, or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and section 39-531…

39-5308. Interagency cooperation. (1) In performing the duties set forth in this chapter, the commission or provider may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions, and local health directors and may utilize a…

39-5309. department authority over certain facilities — immunity — exceptions — reports made in bad faith. (1) Skilled nursing facilities and employees of such facilities shall make reports required under this chapter to the department. If an employee at a state-licensed or state…

39-5310. Report to law enforcement — Prosecution. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the maltreatment has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall imme…

39-5311. Effect of actions taken pursuant to the natural death act. Any action taken by a physician or health facility pursuant to an agreement with a vulnerable adult in accordance with the provisions of chapter 45, title 39, Idaho Code, shall not be construed to constitute abus…

39-5312. Rules. The director of the commission shall have the authority to adopt, promulgate and enforce such rules as he deems necessary in carrying out the provisions of this chapter, subject to the provisions of chapter 52, title 67, Idaho Code.

39-5401. Definitions. As used in this act: (1) "Artificial insemination" means introduction of semen of a donor as defined herein, into a woman’s vagina, cervical canal or uterus through the use of instruments or other artificial means. (2) "Donor" refers to a man who is not the …

39-5402. Performed only by physician. Only physicians licensed under chapter 18, title 54, Idaho Code, and persons under their supervision may select artificial insemination donors and perform artificial insemination.

39-5403. Consent — notice requirements. (1) Artificial insemination shall not be performed upon a woman without her prior written request and consent and the prior written request and consent of her husband. (2) If the physician who performs the artificial insemination does not d…

39-5404. Restrictions on semen donations. No semen shall be donated for use in artificial insemination by any person who: (1) Has any disease or defect known by him to be transmissible by genes; or (2) Knows or has reason to know he has a venereal disease.