Title 39, HEALTH AND SAFETY

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.

39-5405. Rights of donor, child, husband. (1) The donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination. (2) A child born as a result of the artificial insemination shall have no right, obligation or interest wit…

39-5406. Application of act. Except as may be otherwise provided by a judicial decree entered in any action filed before the effective date of this act, the provisions of this act apply to all persons conceived as a result of artificial insemination as defined herein.

39-5407. Penalty. A person who violates the provisions of sections 2, 3 or 4 of this act is guilty of a misdemeanor.

39-5408. HTLV-III antibody. Every hospital, bank or other storage facility where a person has donated semen shall use all reasonable means to detect if the donor has an antibody to HTLV-III in his blood. In the event that an antibody to HTLV-III is detected, such semen shall not …

39-5501. Legislative findings and intent. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infection…

39-5502. Definitions. As used in this chapter: (1) "Auditorium" means a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) "Bar" means any indoor area open to the public operated primarily for the sale and service of alcoholic beve…

39-5503. Prohibitions — Exceptions. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety: (a) Bars; (b) Retail businesses…

39-5505. Smoking in elevators prohibited. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicu…

39-5506. Responsibilities of employers. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter. (2) Any employer or other person in charg…

39-5507. Violations. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. …

39-5508. posting of signs. Signs shall be appropriately sized, conspicuous, legible with letters at least one (1) inch in height, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area. Signs may contain information such…

39-5509. Other statutes not affected. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904, 18-5905 and 18-5906, Idaho Code, relating to no smoking during public meetings.

39-5510. Smoking on buses. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and sha…

39-5511. Local provisions. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein.

39-5701. Legislative findings and intent. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people. Tobacco use is the leadin…

39-5702. Definitions. The terms used in this chapter are defined as follows: (1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. (2) "Cigar-related …

39-5703. Possession, distribution, or use by a minor. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing. (2) It shall be unlawful for a minor to sell or distribute …

39-5704. Permitting of tobacco products or electronic smoking devices retailers. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices …

39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2) It shall be an affirmative defense that the seller of a tobacco produc…

39-5706. Vendor-assisted sales. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) It shall be…

39-5707. Opened packages and samples. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and he…

39-5708. Civil penalties for violations of permit. (1) Any permittee who fails to comply with any part of this chapter regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section or have thei…

39-5709. Criminal penalties for violations without a permit. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to preven…

39-5710. Conduct of enforcement actions. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter in a manner that can reasonably be expected to significantly reduce the extent to which tobacco prod…

39-5711. Funding and creation of prevention of minors’ access to tobacco products or electronic smoking devices fund. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be…

39-5713. Local ordinances PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government …

39-5714. Requirements for delivery sales. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state. (2) Each permittee taking a delivery sale order shall comply with: the a…

39-5715. Age verification requirements. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the deli…

39-5716. Disclosure and notice requirements. For all delivery sales a permittee shall post on any advertisement or website: (1) The cautionary language for signs under section 39-5704(6), Idaho Code; (2) A prominent and clearly legible statement that consists of one (1) of the wa…

39-5717. Shipping requirements — tobacco products or electronic smoking devices. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous state…

39-5718. Registration and reporting requirements. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a sta…

39-5901. Short title. This act shall be known and cited as the "Idaho Rural Health Care Access Program."

39-5902. Rural health care access and physician incentive funds. (1) There is hereby created in the state treasury a fund known as the "Rural Health Care Access Fund." Subject to appropriation by the legislature, moneys in the fund shall be used exclusively for the purpose of gra…

39-5903. Definitions. As used in this chapter: (1) "Applicant" means an entity submitting documents required by the department for the purpose of requesting a grant from the rural health care access and physician incentive program. (2) "Application period" means the time period f…

39-5904. joint Health care access and physician incentive grant review board. (1) The director shall appoint the members of a board to be known as the joint health care access and physician incentive grant review board, who shall serve at the pleasure of the director. Board membe…

39-5905. Scope of rural health care access and physician incentive grant support. The board may award grants, in accordance with the procedures and criteria in this chapter, to governmental and nonprofit entities and to physicians for qualified medical education debt repayments f…

39-5906. Categories of rural health care access and physician incentive grants. (1) There are three (3) categories of rural health care access grant assistance: (a) Telehealth projects — Grant funds may be used for projects that involve the use of telecommunications technologies …

39-5907. Eligibility for grants. Applicants must meet the following requirements: (1) Rural health care access grant awards: (a) The geographical area to be benefitted must be located in a current primary care or dental health professional shortage area or a medically underserved…

39-5908. rural health care access and physician incentive Applications required. (1) A completed grant application must be submitted by the applicant for the purpose of requesting a grant or contract, on or before the conclusion of the application period specified for the appropr…

39-5909. Rural health care access and physician incentive Grant award schedule. The board shall conduct the grant process in accordance with the following schedule: (1) The rural health care access and physician incentive program manager will generate, and make available, a list …