Title 39, HEALTH AND SAFETY

39-6002. Children’s trust fund board — Powers and duties. To carry out the purposes of this chapter, the children’s trust fund board may: (1) Independently, in collaborative relationships or partnerships, contract with public or private nonprofit organizations, agencies, schools …

39-6003. Criteria for programs. (1) Programs contracted for with moneys received pursuant to section 63-3067A, Idaho Code, are intended to provide prevention services. "Prevention services" means any community-based educational or service program designed to prevent or alleviate …

39-6004. Consideration in award of contracts. In awarding contracts pursuant to section 39-6002, Idaho Code, consideration shall be given to factors such as need, coordination with or enhancement of existing services, and evidence of community support or volunteers for the progra…

39-6005. Matching funds. The children’s trust fund board, in its discretion, may require a certain percentage of the funding for programs approved by the board be provided by the entity sponsoring or proposing the program. Contributions such as materials, personnel, supplies, phy…

39-6007. Children’s trust fund — Creation. (1) There is hereby created in the state treasury the children’s trust fund. (2) The fund shall consist of: (a) Moneys appropriated to the fund; (b) Moneys as provided in section 63-3067A, Idaho Code; (c) Donations, gifts, grants and oth…

39-6008. Duties of department of health and welfare. The department of health and welfare under the direction of the children’s trust fund board shall be responsible for the management and accounting of moneys expended from the children’s trust fund.

39-6101. Short title. This chapter shall be known and may be cited as the "Idaho Conrad J-1 Visa Waiver Program and National Interest Waiver Program."

39-6102. Purpose. Under this chapter, rural and underserved communities in Idaho would be able to apply for the placement of a foreign trained physician after demonstrating that they are unable to recruit an American physician and all other recruitment/placement possibilities hav…

39-6103. 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 …

39-6104. Incorporation by reference. P.L. 103-416, amended by P.L. 107-273, November 2, 2002, 8 U.S.C. 1184(l) and 22 CFR 41.63(e), F.R. volume 60, No. 197, 8 CFR 214.12, 8 CFR 245 and 18 U.S.C. 1001 are incorporated by reference.

39-6105. Definitions. As used in this chapter: (1) "Applicant" means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. (2) "Area of underservice" means a health professional shortage area in p…

39-6106. General requirements and limitations. (1) J-1 visa waiver or national interest waiver request. The department may only submit a waiver request when: (a) The application contains all of the required information and documentation; (b) The application meets all state and fe…

39-6107. Applied principles. (1) Option of last resort. The J-1 visa waiver and national interest waiver programs are considered a final source for recruiting qualified physicians. These programs are not a substitute for broad recruiting efforts for graduates from United States m…

39-6108. Criteria for applicants. (1) Applicants must be existing health care facilities that: (a) Have an active taxpayer identification number in Idaho; and (b) Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the appl…

39-6109. Contract requirements for J-1 visa waivers. Throughout the period of obligation, regardless of the petitioning physician’s visa status, the employment contract must: (1) Meet state and federal requirements; (2) Not prevent the physician from providing medical services in…

39-6109A. contract requirements for national interest waivers. Throughout the period of obligation, regardless of physician’s visa status, the employment contract must: (1) Meet state and federal requirements; (2) Not prevent the physician from providing medical services in the d…

39-6110. Criteria for proposed practice location. (1) The proposed practice location must: (a) Be located in an area of underservice federally designated by the secretary of health and human services; or (b) Serve patients who reside in an area of underservice federally designate…

39-6111. Criteria for the J-1 petitioning physician. (1) The petitioning physician must not have a J-1 visa waiver pending for any other employment offer, and must provide a notarized statement testifying to this fact. (2) The physician must have the qualifications described in r…

39-6111A. flex waivers for j-1 petitioning physicians. The department will accept waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practi…

39-6111B. criteria for the national interest waiver petitioning physician. The national interest waiver petitioning physician must: (1)(a) Provide direct patient care full time; and (b) Be trained in: (i) Family medicine; (ii) Internal medicine; (iii) Pediatrics; (iv) Obstetrics …

39-6112. Joint reporting requirement upon commencement of practice. (1) Notification of waiver status and commencement of employment must be submitted to the department upon receipt of written notification of approval from the immigration agency. This notification must include th…

39-6113. Application fee. At the time the application is submitted to the department, an administrative fee must be paid to the department by the applicant. The fee amount will be determined by the director of the department, will not be less than one thousand dollars ($1,000) fo…

39-6114. Required application forms and accompanying documents for a j-1 visa waiver request. (1) Applications for the J-1 visa waiver program must include but not be limited to the following: (a) Evidence the applicant has no other mechanism through another process or interested…

39-6114A. required application forms and documents for a national interest waiver request. (1) Applications for the national interest waiver program must include but not be limited to the following: (a) Evidence of recruiting efforts over a minimum of three (3) months prior to wh…

39-6115. Criteria applied to federally designated facilities. Local, state, or federal institutions which offer health care services and are federally designated as a shortage facility accompanied by a health professional shortage area score may submit an application. Physician s…

39-6116. Department review and action. (1) The department will review applications for completeness in date order received. (2) Applications submitted for petitioning physicians with language skills appropriate to the community they wish to serve will be given priority. (3) Selec…

39-6117. Eligibility for future participation. Health care facilities may be denied future participation in the J-1 visa waiver program or national interest waiver program if: (1) The required annual reports are not submitted in a complete and timely manner; (2) A waiver physicia…

39-6118. Department responsibility to report. The department shall report to the United States department of state and the immigration agency if the applicant or waiver physician is determined to be out of compliance with any of the provisions of this chapter or if the waiver phy…

39-6301. Short title. This chapter shall be known and may be cited as the "Domestic Violence Crime Prevention Act."

39-6302. Statement of purpose. For purposes of this chapter, the legislature adopts by reference the declaration of policy in section 39-5201, Idaho Code. Additionally, the legislature finds that a significant number of homicides, aggravated assaults, and assaults and batteries o…

39-6303. Definitions. (1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by …

39-6304. Action for protection. (1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence. (2) A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the dis…

39-6305. Fees waived. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under this chapter.

39-6306. Hearing on petition for protection order — Relief provided and realignment of designation of parties. (1) Upon filing of a petition based upon a sworn affidavit for a protection order, the court shall hold a hearing to determine whether the relief sought shall be granted…

39-6306A. Uniform interstate enforcement of domestic violence protection orders act. (1) Short Title. This section may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act." (2) Definitions. As used in this section: (a) "Issuing state" means …

39-6307. Security. Whenever a protection order is issued under this chapter, the issuing court may set a security amount for a violation of the order.

39-6308. Ex parte temporary protection order. (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary pr…

39-6309. Issuance of order — Assistance of peace officer — Designation of appropriate law enforcement agency. When an order is issued or a foreign protection order is recognized under this chapter upon request of the petitioner, the court may order a peace officer to accompany th…

39-6310. Order and service. (1) An order issued under this chapter along with a copy of the petition for a protection order, if the respondent has not previously received the petition, shall be personally served upon the respondent, except as provided in subsections (6), (7) and …

39-6311. Order — Transmittal to law enforcement agency — Record in Idaho public safety and security information system — Enforceability. (1) The orders issued under sections 39-6306 and 39-6308, Idaho Code, or foreign protection orders recognized under section 39-6306A, Idaho Cod…

39-6312. Violation of order — Penalties. (1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor pun…

39-6313. Order — Modification — Transmittal. Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing protection order. In any situation where an order is terminated or modified before its expiration date, the clerk of the cou…

39-6314. Peace officers — Immunity. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, including the enforcement of out-of-state protection orders, if the peace officer acts in good…

39-6315. Proceedings additional. Any proceedings under this chapter are in addition to other civil or criminal remedies.

39-6316. Law enforcement officers — Training, powers, duties. (1) All training provided by the peace officers standards and training academy relating to the handling of domestic violence or sexual assault complaints by law enforcement officers shall stress enforcement of criminal…

39-6317. 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…