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H0198.................................................by HEALTH AND WELFARE
HEALTH AND WELFARE - Amends, repeals and adds to existing law relating to
the Department of Health and Welfare to provide for investigations,
inspections, right of entry, enforcement, penalties and injunctions; to
provide for commencement of civil actions or criminal actions; to provide
that the Department of Health and Welfare shall regulate x-ray producing
machines; and to redesignate sections of the Idaho Code relating to
emergency medical services, services to victims of cystic fibrosis, do not
resuscitate orders, and poison control centers.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Tilman, Trail, Wheeler,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Jaquet, Mortensen, Stevenson, Stone,
Swan
Floor Sponsor -- Raybould
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Wheeler
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 110
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 198
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; REPEALING SECTION 39-3015,
3 IDAHO CODE; AMENDING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF
4 A NEW SECTION 56-1009, IDAHO CODE, TO PROVIDE AUTHORITY FOR THE DIRECTOR
5 OF THE DEPARTMENT OF HEALTH AND WELFARE OR THE DIRECTOR'S DESIGNEE TO CON-
6 DUCT INVESTIGATIONS AND INSPECTIONS UNDER CERTAIN CONDITIONS, TO PROVIDE
7 FOR THE RIGHT OF ENTRY BY THE DIRECTOR OR THE DIRECTOR'S DESIGNEE, TO PRO-
8 VIDE FOR ADMINISTRATIVE AND CIVIL ENFORCEMENT ACTIONS WITHIN A SPECIFIED
9 TIME PERIOD, TO PROVIDE FOR MONETARY PENALTIES, TO PROVIDE FOR THE PAYMENT
10 OF EXPENSES INCURRED BY THE STATE, TO PROVIDE THAT ACTIONS TAKEN PURSUANT
11 TO CHAPTER 10, TITLE 56, IDAHO CODE, SHALL NOT RELIEVE PERSONS OF LIABIL-
12 ITY FOR CERTAIN INJURIES OR DAMAGE AND TO PROVIDE FOR INJUNCTIONS; AMEND-
13 ING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
14 56-1010, IDAHO CODE, TO PROVIDE FOR CIVIL AND CRIMINAL ENFORCEMENT
15 ACTIONS, TO PROVIDE FOR PRIVATE COUNSEL AND TO PROVIDE THAT THE ATTORNEY
16 GENERAL MAY DELEGATE CERTAIN AUTHORITY AND DUTIES; AMENDING SECTIONS
17 39-139 AND 39-140, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND TO MAKE
18 TECHNICAL CORRECTIONS; AMENDING SECTION 39-141, IDAHO CODE, TO REDESIGNATE
19 THE SECTION; AMENDING SECTIONS 39-142, 39-143, 39-144, 39-145, 39-146,
20 39-146A AND 39-146B, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND TO MAKE
21 TECHNICAL CORRECTIONS; AMENDING SECTION 39-147, IDAHO CODE, TO REDESIGNATE
22 THE SECTION; AMENDING SECTIONS 39-150, 39-151 AND 39-152, IDAHO CODE, TO
23 REDESIGNATE THE SECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
24 TIONS 39-153, 39-154, 39-155, 39-156, 39-157, 39-158 AND 39-159, IDAHO
25 CODE, TO REDESIGNATE THE SECTIONS; AMENDING SECTIONS 39-160, 39-161,
26 39-162, 39-163, 39-164, 39-165, 39-166 AND 39-167, IDAHO CODE, TO REDESIG-
27 NATE THE SECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS
28 39-168 AND 39-169, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING SEC-
29 TION 39-170, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNI-
30 CAL CORRECTION; AMENDING SECTION 39-3030, IDAHO CODE, TO REDESIGNATE THE
31 SECTION, TO DELETE REFERENCE TO A DATE, TO DELETE DEFINITIONS AND TO MAKE
32 A TECHNICAL CORRECTION; AMENDING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE
33 ADDITION OF A NEW SECTION 56-1041, IDAHO CODE, TO DESIGNATE THE DEPARTMENT
34 OF HEALTH AND WELFARE AS THE STATE AGENCY WITH RESPONSIBILITY FOR REGULA-
35 TION OF X-RAY PRODUCING MACHINES AND TO PROVIDE FOR POWERS AND DUTIES OF
36 THE DEPARTMENT; AMENDING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE ADDITION
37 OF A NEW SECTION 56-1042, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER
38 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1043, IDAHO
39 CODE, TO PROVIDE FOR RULES, TO PROVIDE LICENSING REQUIREMENTS AND PROCE-
40 DURES FOR LICENSING, TO PROVIDE FOR REGISTRATION OF X-RAY PRODUCING
41 MACHINES AND TO PROVIDE FOR EXEMPTIONS FROM REGISTRATION OR LICENSING;
42 AMENDING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
43 TION 56-1045, IDAHO CODE, TO PROVIDE FOR INSPECTION BY THE DEPARTMENT OR
44 ITS REPRESENTATIVE; AMENDING CHAPTER 10, TITLE 56, IDAHO CODE, BY THE
45 ADDITION OF A NEW SECTION 56-1046, IDAHO CODE, TO REQUIRE THE MAINTENANCE
46 OF CERTAIN RECORDS AND TO PROVIDE FOR RULES ESTABLISHING STANDARDS RELAT-
2
1 ING TO PERSONNEL MONITORING AND REPORTING; AMENDING CHAPTER 10, TITLE 56,
2 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1047, IDAHO CODE, TO PRO-
3 VIDE THAT THE STATE MAY ENTER INTO CERTAIN AGREEMENTS WITH THE FEDERAL
4 GOVERNMENT RELATING TO X-RAY PRODUCING MACHINES AND TO PROVIDE FOR THE
5 RECOGNITION OF FEDERAL LICENSES; AMENDING CHAPTER 10, TITLE 56, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 56-1048, IDAHO CODE, TO PROVIDE FOR
7 INSPECTION AGREEMENTS AND TRAINING PROGRAMS; AMENDING CHAPTER 10, TITLE
8 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1049, IDAHO CODE, TO
9 PROVIDE FOR ADMINISTRATIVE PROCEDURES; AMENDING CHAPTER 10, TITLE 56,
10 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1050, IDAHO CODE, TO PRO-
11 VIDE FOR INJUNCTION PROCEEDINGS; AMENDING CHAPTER 10, TITLE 56, IDAHO
12 CODE, BY THE ADDITION OF A NEW SECTION 56-1051, IDAHO CODE, TO PROHIBIT
13 CERTAIN USES OF X-RAY PRODUCING MACHINES; AMENDING CHAPTER 10, TITLE 56,
14 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1052, IDAHO CODE, TO PRO-
15 VIDE FOR THE IMPOUNDING OF CERTAIN X-RAY PRODUCING MACHINES; AMENDING
16 CHAPTER 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
17 56-1053, IDAHO CODE, TO PROVIDE FOR PENALTIES; AMENDING SECTION 49-306,
18 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 49-452,
19 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 39-3015, Idaho Code, be, and the same is hereby
22 repealed.
23 SECTION 2. That Chapter 10, Title 56, Idaho Code, be, and the same is
24 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
25 ignated as Section 56-1009, Idaho Code, and to read as follows:
26 56-1009. INVESTIGATION -- INSPECTION -- RIGHT OF ENTRY -- VIOLATION --
27 ENFORCEMENT -- PENALTY -- INJUNCTIONS. (1) The director shall cause investiga-
28 tions to be made upon receipt of information concerning an alleged violation
29 of this chapter or of any rule, permit or order promulgated thereunder, and
30 may cause to be made such other investigations as the director shall deem
31 advisable.
32 (2) For the purpose of enforcing any provision of this chapter or any
33 rule authorized in this chapter, the director or the director's designee shall
34 have the authority to:
35 (a) Conduct a program of continuing surveillance and of regular or peri-
36 odic inspection of actual or potential health hazards;
37 (b) Enter at all reasonable times upon any private or public property,
38 upon presentation of appropriate credentials, for the purpose of inspect-
39 ing or investigating to ascertain possible violations of this chapter or
40 of rules, permits or orders adopted and promulgated by the director or the
41 board;
42 (c) All inspections and investigations conducted under the authority of
43 this chapter shall be performed in conformity with the prohibitions
44 against unreasonable searches and seizures contained in the fourth amend-
45 ment to the constitution of the United States and section 17, article I,
46 of the constitution of the state of Idaho. The state shall not, under the
47 authority granted by this chapter, conduct warrantless searches of private
48 property in the absence of either consent from the property owner or occu-
49 pier or exigent circumstances such as a public health emergency;
50 (d) Any district court in and for the county in which the subject prop-
51 erty is located is authorized to issue a search warrant to the director
3
1 upon a showing of (i) probable cause to suspect a violation, or (ii) the
2 existence of a reasonable program of inspection. Any search warrant issued
3 under the authority of this chapter shall be limited in scope to the spe-
4 cific purposes for which it is issued and shall state with specificity the
5 manner and the scope of the search authorized.
6 (3) Whenever the director determines that any person is in violation of
7 any provision of this chapter or any rule, permit or order issued or promul-
8 gated pursuant to this chapter, the director may commence either of the fol-
9 lowing:
10 (a) Administrative enforcement action.
11 (i) Notice. The director may commence an administrative enforcement
12 action by issuing a written notice of violation. The notice of viola-
13 tion shall identify the alleged violation with specificity, shall
14 specify each provision of the chapter, rule, regulation, permit or
15 order which has been violated, and shall state the amount of civil
16 penalty claimed for each violation. The notice of violation shall
17 inform the person to whom it is directed of an opportunity to confer
18 with the director or the director's designee in a compliance confer-
19 ence concerning the alleged violation. A written response may be
20 required within fifteen (15) days of receipt of the notice of viola-
21 tion by the person to whom it is directed.
22 (ii) Scheduling compliance conference. If a recipient of a notice of
23 violation contacts the department within fifteen (15) days of the
24 receipt of the notice, the recipient shall be entitled to a compli-
25 ance conference. The conference shall be held within twenty (20) days
26 of the date of receipt of the notice, unless a later date is agreed
27 upon between the parties. If a compliance conference is not
28 requested, the director may proceed with a civil enforcement action
29 as provided in paragraph (b) of this subsection.
30 (iii) Compliance conference. The compliance conference shall provide
31 an opportunity for the recipient of a notice of violation to explain
32 the circumstances of the alleged violation and, where appropriate, to
33 present a proposal for remedying damage caused by the alleged viola-
34 tion and assuring future compliance.
35 (iv) Consent order. If the recipient and the director agree on a
36 plan to remedy damage caused by the alleged violation and to assure
37 future compliance, they may enter into a consent order formalizing
38 their agreement. The consent order may include a provision providing
39 for payment of any agreed civil penalty.
40 (v) Effect of consent order. A consent order shall be effective
41 immediately upon signing by both parties and shall preclude any civil
42 enforcement action for the same alleged violation. If a party does
43 not comply with the terms of the consent order, the director may seek
44 and obtain, in any appropriate district court, specific performance
45 of the consent order and such other relief as authorized in this
46 chapter.
47 (vi) Failure to reach consent order. If the parties cannot reach
48 agreement on a consent order within sixty (60) days after the receipt
49 of the notice of violation or if the recipient does not request a
50 compliance conference pursuant to paragraph (a)(ii) of this section,
51 the director may commence and prosecute a civil enforcement action in
52 district court, in accordance with subsection (b) of this section.
53 (b) Civil enforcement action. The director may initiate a civil enforce-
54 ment action through the attorney general as provided in section 56-1010,
55 Idaho Code. Civil enforcement actions shall be commenced and prosecuted in
4
1 the district court in and for the county in which the alleged violation
2 occurred, and may be brought against any person who is alleged to have
3 violated any provision of this chapter or any rule, permit or order which
4 has become effective pursuant to this chapter. Such action may be brought
5 to compel compliance with any provision of this chapter or with any rule,
6 permit or order promulgated hereunder and for any relief or remedies
7 authorized in this chapter. The director shall not be required to initiate
8 or prosecute an administrative action before initiating a civil enforce-
9 ment action.
10 (4) No civil or administrative proceeding may be brought to recover for a
11 violation of any provision of this chapter or a violation of any rule, permit
12 or order issued or promulgated pursuant to this chapter, more than two (2)
13 years after the director had knowledge or ought reasonably to have had knowl-
14 edge of the violation.
15 (5) Monetary penalties.
16 (a) Any person determined in a civil enforcement action to have violated
17 any provision of this chapter or any rule, permit or order promulgated
18 pursuant to this chapter shall be liable for a civil penalty not to exceed
19 ten thousand dollars ($10,000) per violation or one thousand dollars
20 ($1,000) for each day of a continuing violation, whichever is greater. The
21 method of recovery of said penalty shall be by a civil enforcement action
22 in the district court in and for the county where the violation occurred.
23 All civil penalties collected under this chapter shall be paid into the
24 general fund of the state. Parties to an administrative enforcement action
25 may agree to a civil penalty as provided in this subsection.
26 (b) The imposition or computation of monetary penalties may take into
27 account the seriousness of the violation and any good faith efforts by the
28 person to comply with the law.
29 (6) In addition to such civil penalties, any person who has been deter-
30 mined to have violated the provisions of this chapter or the rules, permits or
31 orders promulgated thereunder, shall be liable for any expense incurred by the
32 state in enforcing the chapter, or in enforcing or terminating any nuisance,
33 cause of sickness or health hazard.
34 (7) No action taken pursuant to the provisions of this chapter or of any
35 other health law shall relieve any person from any civil action and damages
36 that may exist for injury or damage resulting from any violation of this chap-
37 ter or of the rules, permits and orders promulgated thereunder.
38 (8) In addition to, and notwithstanding other provisions of this chapter,
39 in circumstances of emergency creating conditions of imminent and substantial
40 danger to the public health, the prosecuting attorney or the attorney general
41 may institute a civil action for an immediate injunction to halt any activity
42 in violation of the provisions of this chapter or rules, permits and orders
43 promulgated thereunder. In such action the court may issue an ex parte
44 restraining order.
45 SECTION 3. That Chapter 10, Title 56, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 56-1010, Idaho Code, and to read as follows:
48 56-1010. COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS -- CRIMINAL ACTIONS
49 AUTHORIZED -- DUTIES OF ATTORNEY GENERAL. Upon request of the director, it
50 shall be the duty of the attorney general to institute and prosecute civil
51 enforcement actions or injunctive actions as provided in section 56-1009,
52 Idaho Code, and to prosecute actions or proceedings for the enforcement of any
53 criminal provisions of this chapter. In addition, when deemed by the director
5
1 to be necessary, the director may retain or employ private counsel. The attor-
2 ney general may delegate the authority and duty under this section to prose-
3 cute criminal actions to the prosecuting attorney of the county in which such
4 a criminal action may arise.
5 SECTION 4. That Section 39-139, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-13956-1011. EMERGENCY MEDICAL SERVICES -- STATEMENT OF INTENT. It is
8 the purpose of the legislature of the state of Idaho in the adoption of this
9 act sections 56-1011 through 56-1018B, Idaho Code, to recognize the importance
10 of the delivery of emergency medical services and to provide reasonable regu-
11 lation of the same. For this purpose, this act specifically states that the
12 provisions of section 54-1803, Idaho Code, shall not be so construed as to
13 prohibit or penalize emergency medical services rendered by a person autho-
14 rized to render emergency medical services by this act sections 56-1011
15 through 56-1018B, Idaho Code, if such emergency medical service is rendered
16 under the responsible supervision and control of a licensed physician.
17 SECTION 5. That Section 39-140, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-14056-1012. DEFINITIONS. As used in this act sections 56-1011 through
20 56-1018B, Idaho Code:
21 (1) "Ambulance" means any privately or publicly owned ground vehicle,
22 nautical vessel, fixed wing aircraft or rotary wing aircraft used for, or
23 intended to be used for the transportation of sick or injured persons who may
24 need medical attention during transport. This may include dual or multipurpose
25 vehicles which otherwise comply with the provisions of this act sections
26 56-1011 through 56-1018B, Idaho Code, and specifications established by the
27 board of health and welfare.
28 (2) "Board of hHealth and wWelfare" means the Idaho board of health and
29 welfare.
30 (3) "Board of mMedicine" means the Idaho board of medicine as provided in
31 chapter 18, title 54, Idaho Code.
32 (4) "Certified Personnel" means individuals who have completed training
33 and successfully passed examinations for training and skills proficiency in
34 one (1) or several levels as certified by the department of health and wel-
35 fare. These several levels of certified personnel shall include:
36 (a) FR -- "First Responder" (hereafter FR) means an individual certified
37 by the EMS bureau of the Idaho department of health and welfare as an FR
38 on the basis of successful completion of an FR course approved by the
39 board of health and welfare and subsequent required continuing training.
40 (b) EMT-B -- "Emergency Medical Technician-Basic" (hereafter EMT-B) means
41 an individual certified by the EMS bureau of the Idaho department of
42 health and welfare on the basis of successful completion of an EMT-B
43 course approved by the board of health and welfare and subsequent required
44 continuing training.
45 (c) "Ambulance Rating" means a certification issued by the EMS bureau of
46 the Idaho department of health and welfare to an EMT-B on the basis of
47 successful completion of supervised infield ambulance experience as
48 defined by the board of health and welfare.
49 (d) "Advanced Emergency Medical Technician-Ambulance" (hereafter advanced
50 EMT-A) means a person who:
51 (i) Is certified by the EMS bureau of the Idaho department of
6
1 health and welfare on the basis of successful completion of EMT-A
2 training and in addition, has completed at least fifty (50) hours of
3 advanced training in such techniques as intravenous fluid therapy,
4 antishock trouser application, airway management, and subsequent
5 required continued training; and
6 (ii) Has received additional training by a licensed physician:
7 (A) To administer drugs under written or oral authorization of
8 a licensed physician; and
9 (B) To perform such other acts under written or oral authoriza-
10 tion of a licensed physician as shall be authorized by the board
11 of medicine; and
12 (iii) Has been examined and certified as an advanced EMT-A by an
13 authorized representative of the department.
14 (e) "Emergency Medical Technician-Intermediate" (hereafter EMT-I) means a
15 person who:
16 (i) Has completed all the requirements for certification as an EMT-
17 I; and
18 (ii) Has successfully completed a course in patient care including
19 the required training under the supervision of a licensed physician
20 covering the scope of practice defined by the board of medicine; and
21 (iii) Has been examined and certified as an EMT-I by an authorized
22 representative of the department.
23 (f) "Emergency Medical Technician-Paramedic" (hereafter EMT-P) means a
24 person who:
25 (i) Has completed all the requirements for certification as an EMT-
26 P; and
27 (ii) Has successfully completed a course in intensive patient care
28 including the required training under the supervision of a licensed
29 physician, including training in cardiac defibrillation, cardiac mon-
30 itoring, endotracheal intubation and drug administration; and
31 (iii) Has been examined and certified as an EMT-P by an authorized
32 representative of the department.
33 (5) "Department" means the Idaho department of health and welfare.
34 (6) "Emergency Medical Services" means the services utilized in respond-
35 ing to a perceived individual need for immediate care in order to prevent loss
36 of life or aggravation of physiological or psychological illness or injury.
37 (7) "Non-Transport Service" means a service licensed by the department of
38 health and welfare, EMS bureau, operated with the intent to provide personnel
39 or equipment for medical stabilization at an emergency scene, but not intended
40 to be the service that will actually transport sick or injured persons.
41 (8) "Non-Transport Vehicle" means any vehicle licensed by the department
42 of health and welfare, EMS bureau, operated with the intent to provide person-
43 nel or equipment for medical stabilization at an emergency scene, but not
44 intended as the vehicle that will actually transport sick or injured persons.
45 (9) "Supervision" means the medical direction by a licensed physician of
46 activities provided by certified personnel affiliated with a licensed ambu-
47 lance or non-transport service, including, but not limited to: establishing
48 standing orders and protocols, reviewing performance of certified personnel,
49 providing instructions for patient care via radio or telephone, and other
50 oversight.
51 (10) "Transfer" means the transportation of a patient from one (1) medical
52 care facility to another.
53 SECTION 6. That Section 39-141, Idaho Code, be, and the same is hereby
54 amended to read as follows:
7
1 39-14156-1013. AUTHORIZED ACTIONS. Persons certified by the department
2 shall be authorized to perform such acts under written or oral authorization
3 of a licensed physician as shall be established by rules of the board of medi-
4 cine, including, but not limited to, administration of intravenous solutions
5 and drugs, cardiac defibrillation, antishock trouser application, airway man-
6 agement, endotracheal intubation, and other patient care.
7 SECTION 7. That Section 39-142, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-14256-1014. LIABILITY. No act or omission of any person who is duly
10 certified under this act sections 56-1011 through 56-1018B, Idaho Code, by the
11 department of health and welfare done or omitted in good faith while rendering
12 emergency medical services to a person or persons who are perceived to need
13 immediate care in order to prevent loss of life or aggravation of
14 physiological or psychological illness or injury shall impose any liability
15 upon those personnel, the supervising physician, the hospital, the organiza-
16 tion providing the service, or upon a federal, state, county, city or other
17 local governmental unit, or upon employees of such governmental unit, unless
18 such provider of care or such personnel be shown to have caused injury and
19 damages to such person or persons as a proximate result of his, her or their
20 reckless or grossly negligent misconduct, which shall be the sole grounds for
21 civil liability of such persons in the provision of care or assistance under
22 this act sections 56-1011 through 56-1018B, Idaho Code, regardless of the cir-
23 cumstance under which such care or assistance may be provided. This section
24 shall not relieve the organization or agency operating the service from the
25 duty of securing, maintaining and operating, the equipment designated for use
26 in performing the emergency medical services.
27 SECTION 8. That Section 39-143, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-14356-1015. FAILURE TO OBTAIN CONSENT. No person certified under this
30 act sections 56-1011 through 56-1018B, Idaho Code, or physician or hospital
31 licensed in this state shall be subject to civil liability, based solely upon
32 failure to obtain consent in rendering emergency medical, surgical, hospital
33 or health services to any individual regardless of age where that individual
34 is unable to give this consent for any reason and there is no other person
35 reasonably available who is legally authorized to consent to the providing of
36 such care, provided, however, that such person, physician, or hospital has
37 acted in good faith and without knowledge of facts negating consent. The pro-
38 vision or refusal of consent under this act sections 56-1011 through 56-1018B,
39 Idaho Code, shall be governed by chapter 43, title 39, Idaho Code.
40 SECTION 9. That Section 39-144, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-14456-1016. AMBULANCE MINIMUM STANDARDS. Each ambulance service and
43 non-transport service shall be licensed by the department and shall meet the
44 following standards:
45 (1) Ambulance vehicles -- Each new ambulance vehicle purchased after the
46 effective date of these standards shall conform to the ambulance vehicle spec-
47 ifications for that type established by the board of health and welfare. The
48 patient compartment of each ambulance vehicle shall be maintained in a clean
49 and sanitary condition.
8
1 (2) Ambulance equipment -- Each ambulance shall be equipped with the
2 patient care items deemed essential for that type of ambulance by the board of
3 health and welfare.
4 (3) Ambulance personnel -- There shall be at least two (2) ambulance crew
5 members on each patient transport, with the crew member delivering patient
6 care being, at a minimum, a state certified emergency medical technician
7 (EMT), except that with the patient's and the patient's physician's permis-
8 sion, an EMT attendant shall not be required on routine, nonemergency transfer
9 calls.
10 (4) Ambulance dispatch -- Each ambulance service shall have a twenty-four
11 (24) hour dispatch arrangement and shall respond to calls on a twenty-four
12 (24) hour basis.
13 (5) Ambulance inspections and licensing -- The department of health and
14 welfare, EMS bureau, shall conduct inspections at least annually related to
15 ambulance service licensing or shall contract to have the inspections carried
16 out. Each ambulance and non-transport vehicle shall have a current state
17 license in order to operate.
18 (6) Ambulance minimum standards waiver -- The controlling authority pro-
19 viding ambulance services may petition the board of health and welfare for
20 waiver of the ambulance standards of this act sections 56-1011 through
21 56-1018B, Idaho Code, if compliance with these standards would cause undue
22 hardship on the community being served, or would result in abandonment of
23 ambulance services.
24 (7) All ambulances in service on the effective date of this act sections
25 56-1011 through 56-1018B, Idaho Code, are accorded "grandfather rights," and
26 are therefore exempt from the ambulance vehicle specifications established by
27 the board of health and welfare, whether or not such ambulances continue under
28 the control of the same authority.
29 SECTION 10. That Section 39-145, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-14556-1017. RULES. (1) The board of medicine is authorized and
32 directed to adopt appropriate rules defining the allowable scope of practice
33 and acts and duties which can be performed by persons certified by the depart-
34 ment and the required level of supervision by a licensed physician.
35 (2) The board of health and welfare is authorized and directed to adopt
36 appropriate rules and standards concerning the administration of this act sec-
37 tions 56-1011 through 56-1018B, Idaho Code, including criteria for training
38 programs, certification of personnel, licensure of ambulances and non-
39 transport services, licensure of ambulance and non-transport vehicles, estab-
40 lishment of fees for training, inspections, and certifications, and appropri-
41 ate requirements for recertification of personnel and equipment. The rules of
42 the board of health and welfare must be consistent with the rules adopted by
43 the board of medicine.
44 (3) Additionally, the department shall develop guidelines, standards and
45 procedures for reducing exposure to pathogens from human blood, tissue or flu-
46 ids. Such guidelines, standards and procedures shall be made available to all
47 law enforcement personnel, all emergency medical services personnel, and such
48 other emergency personnel as request such information.
49 SECTION 11. That Section 39-146, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 39-14656-1018. EMERGENCY MEDICAL SERVICES ACCOUNT FUND. There is hereby
9
1 created in the dedicated fund of the state treasury an account a fund known as
2 the "Emergency Medical Services Account Fund." Subject to appropriation by the
3 legislature, moneys in the account fund shall be used exclusively for the pur-
4 poses of emergency medical services training, communications, vehicle and
5 equipment grants, and other programs furthering the goals of highway safety
6 and emergency response providing medical services at motor vehicle accidents.
7 SECTION 12. That Section 39-146A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-146A56-1018A. EMERGENCY MEDICAL SERVICES ACCOUNT FUND II. There is
10 hereby created in the dedicated fund of the state treasury an account a fund
11 known as the emergency medical services account fund II. Subject to appropria-
12 tion by the legislature, moneys in the account fund shall be used exclusively
13 for the purposes of emergency medical services.
14 SECTION 13. That Section 39-146B, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-146B56-1018B. EMERGENCY MEDICAL SERVICES ACCOUNT FUND III. (1) There
17 is hereby created in the dedicated fund of the state treasury an account a
18 fund known as the emergency medical services account fund III. Subject to
19 appropriation by the legislature, moneys in the account fund shall be used
20 exclusively for the purpose of acquiring vehicles and equipment for use by
21 emergency medical services personnel in the performance of their duties which
22 include highway safety and emergency response to motor vehicle accidents.
23 (2) The bureau of emergency medical services of the department of health
24 and welfare shall be responsible for distributing moneys from the account fund
25 to qualifying nonprofit and governmental entities that submit an application
26 for a grant from the account fund. The bureau shall approve grants based on
27 the following criteria:
28 (a) The requesting entity is a nonprofit or governmental entity which
29 holds a current license as an ambulance or nontransport service issued by
30 the state of Idaho;
31 (b) The requesting entity has demonstrated need based on criteria estab-
32 lished by the bureau;
33 (c) The requesting entity has provided verification that it has received
34 the approval and endorsement of a city or county within its service area;
35 (d) The requesting entity has certified that the title to any vehicle
36 purchased with funds from the account fund shall be in the name of the
37 city or county which endorsed the application and shall submit proof of
38 titling as soon as practicable;
39 (e) The state of Idaho shall retain a security interest in the vehicle to
40 secure the performance of the grant recipient to utilize the vehicle con-
41 sistent with the intent described in the application.
42 (3) Notwithstanding the requirements of subsections (2)(c) and (2)(d) of
43 this section, the bureau of emergency medical services is authorized to
44 approve and issue a grant to an applicant in the absence of an endorsement if
45 the endorsement is withheld without adequate justification.
46 SECTION 14. That Section 39-147, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-14756-1019. SERVICES TO VICTIMS OF CYSTIC FIBROSIS. The department of
49 health and welfare shall establish, through the crippled children's program, a
10
1 program of services to persons suffering from cystic fibrosis who are twenty-
2 one (21) years or more of age. The department shall establish uniform stan-
3 dards of financial eligibility for services provided under this section.
4 SECTION 15. That Section 39-150, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-15056-1020. LEGISLATIVE INTENT. It is the legislative intent to recog-
7 nize the fundamental right of a person to control the decisions relative to
8 the rendering or withholding of their medical care. This act Sections 56-1020
9 through 56-1035, Idaho Code, in keeping with sections 39-4501 through 39-4509,
10 Idaho Code, applies apply to noninstitutional situations.
11 It is the purpose of this legislation to establish rules and procedures
12 allowing the physician of a terminally ill person, with the authorization of
13 the person or their legal representative, to be able to issue a directive, in
14 advance, instructing emergency medical services personnel not to perform
15 resuscitation if called to attend to those persons. A method of identification
16 is defined and correct procedures outlined for emergency medical services per-
17 sonnel to properly respond to these situations.
18 SECTION 16. That Section 39-151, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-15156-1021. DEFINITIONS. As used in this act sections 56-1020 through
21 56-1035, Idaho Code:
22 (1) "Attending physician" means the physician who has primary responsi-
23 bility for the treatment and care of the patient, including the physician
24 responsible for monitoring and directing the activities of emergency medical
25 services personnel.
26 (2) "Cardiopulmonary resuscitation" or "CPR" means measures to restore
27 cardiac function or to support breathing in the event of cardiac or respira-
28 tory arrest or malfunction. "CPR" includes, but is not limited to, chest com-
29 pression, delivering electric shock to the chest, or placing tubes in the air-
30 way to assist breathing.
31 (3) "Comfort care" means treatment given in an attempt to protect and
32 enhance quality of life without artificially prolonging that life.
33 (4) "Decisional capacity" means the ability to provide informed consent
34 to or refusal of medical treatment.
35 (5) "Department" means the department of health and welfare.
36 (6) "Do not resuscitate identification" or "DNR identification" means a
37 standardized form of identification approved by the department, that signifies
38 that the possessor has a DNR order that has not been revoked or that the
39 possessor's attending physician has issued a DNR order for the possessor and
40 has documented the order in the possessor's medical file.
41 (7) "Do not resuscitate order" or "DNR order" means a documented direc-
42 tive from a licensed physician that emergency life-sustaining procedures
43 should not be administered to a particular person.
44 (8) "Do not resuscitate protocol" or "DNR protocol" means a standardized
45 method of procedure, approved by the board of health and welfare and adopted
46 in the rules of the department, for the withholding of emergency life-
47 sustaining procedures by physicians and emergency medical services personnel.
48 (9) "Emergency medical services personnel" means the personnel of a ser-
49 vice engaged in providing initial emergency medical assistance including, but
50 not limited to, first responders, emergency medical technicians, advanced
51 emergency medical technicians, and paramedics.
11
1 (10) "Health care provider" or "provider" means any person licensed, cer-
2 tified, or otherwise authorized by law to administer health care in the ordi-
3 nary course of business or practice of a profession, including emergency medi-
4 cal personnel.
5 (11) "Life-sustaining procedure" means cardiopulmonary resuscitation or a
6 component of cardiopulmonary resuscitation.
7 (12) "Terminal condition" means an incurable or irreversible condition
8 that, without the administration of life-sustaining procedures, will, in the
9 opinion of the attending physician, result in death within a relatively short
10 time.
11 SECTION 17. That Section 39-152, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-15256-1022. EUTHANASIA, MERCY KILLING OR ASSISTED SUICIDE. This act
14 does Sections 56-1020 through 56-1035, Idaho Code, do not make legal and in no
15 way condones mercy killing, assisted suicide or euthanasia.
16 SECTION 18. That Section 39-153, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-15356-1023. DECLARATION RELATING TO USE OF LIFE-SUSTAINING PROCEDURES.
19 (1) A person in a terminal condition has a right to a DNR order governing the
20 withholding of life-sustaining procedures.
21 (2) A DNR order has operative effect only when:
22 (a) The request for the DNR order is communicated to the attending physi-
23 cian by the patient or his legal representative; and
24 (b) The recipient is determined by the attending physician to be in a
25 terminal condition.
26 SECTION 19. That Section 39-154, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-15456-1024. REVOCATION. A person may, at any time, revoke his or her
29 consent to an order not to resuscitate himself or herself by making either a
30 written or an oral declaration to a health care provider or by any other act
31 evidencing a specific intent to revoke such consent.
32 SECTION 20. That Section 39-155, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-15556-1025. CONFLICTING DNR ORDERS. If there are conflicts among the
35 provisions of valid DNR orders, the most recent DNR order is deemed to repre-
36 sent the wishes of the patient.
37 SECTION 21. That Section 39-156, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-15656-1026. ADHERENCE TO DNR PROTOCOL. (1) Emergency medical services
40 personnel shall comply with the DNR protocol when presented with either DNR
41 identification, or, upon transfer, a written DNR order issued directly by the
42 attending physician and shall provide comfort care to the person.
43 (2) An attending physician shall take all reasonable steps to comply with
44 the intent of the DNR identification.
12
1 SECTION 22. That Section 39-157, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-15756-1027. DISREGARDING OF DNR ORDER. Emergency medical services per-
4 sonnel may disregard the DNR order:
5 (1) If they believe in good faith that the order has been revoked; or
6 (2) To avoid verbal or physical confrontation; or
7 (3) If ordered to do so by the attending physician.
8 SECTION 23. That Section 39-158, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-15856-1028. ABSENCE OF DNR ORDER. In the absence of DNR identification
11 there is a presumption in favor of resuscitation.
12 SECTION 24. That Section 39-159, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-15956-1029. IMMUNITY. (1) The following are not subject to civil or
15 criminal liability and are not guilty of unprofessional conduct upon discovery
16 of DNR identification upon a person and compliance with the DNR order:
17 (a) A physician who causes the withholding or withdrawal of life-
18 sustaining procedures from that person;
19 (b) A person who participates in the withholding or withdrawal of life-
20 sustaining procedures under the direction or with the authorization of a
21 physician;
22 (c) Emergency medical services personnel who cause or participate in the
23 withholding or withdrawal of life-sustaining procedures from that person;
24 or
25 (d) Physicians, persons under the direction or authorization of a physi-
26 cian, or emergency medical services personnel that provide life-sustaining
27 procedures pursuant to an oral or written revocation communicated to them
28 by a person who possesses DNR identification.
29 (2) The provisions of subsections (1)(a) through (1)(d) of this section
30 apply when a life-sustaining procedure is withheld or withdrawn in accordance
31 with a DNR protocol.
32 (3) Emergency medical services personnel, coroners and deputy coroners
33 who follow a DNR order from a licensed physician are not subject to civil or
34 criminal liability and are not guilty of unprofessional conduct.
35 SECTION 25. That Section 39-160, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-16056-1030. PENALTIES. (1) A physician who willfully or negligently
38 disregards the intent of the DNR identification is guilty of a misdemeanor
39 punishable by a fine not to exceed five hundred dollars ($500) or imprisonment
40 in the county jail for a term not to exceed six (6) months, or both.
41 (2) Except as provided in section 39-157 56-1027, Idaho Code, a person
42 who purposely disregards a DNR order or who conceals, cancels, defaces, or
43 obliterates the DNR identification of another without the consent of the pos-
44 sessor or who falsifies or forges a revocation of the DNR identification of
45 another is guilty of a misdemeanor punishable by a fine not to exceed five
46 hundred dollars ($500) or imprisonment in the county jail for a term not to
47 exceed six (6) months, or both.
48 (3) A person who falsifies or forges the DNR identification of another or
13
1 purposely conceals or withholds personal knowledge of a revocation of DNR
2 identification with the intent to cause the use, withholding, or withdrawal of
3 life-sustaining procedures is guilty of a misdemeanor punishable by a fine not
4 to exceed five hundred dollars ($500) or imprisonment in the county jail for a
5 term not to exceed one (1) year, or both.
6 SECTION 26. That Section 39-161, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-16156-1031. EFFECT ON INSURANCE -- PATIENT'S DECISION. (1) Death
9 resulting from the withholding or withdrawal of emergency life-sustaining pro-
10 cedures pursuant to the DNR protocol and in accordance with this act sections
11 56-1020 through 56-1035, Idaho Code, is not, for any purpose, a suicide or
12 homicide.
13 (2) The possession of DNR identification pursuant to this act sections
14 56-1020 through 56-1035, Idaho Code, does not affect in any manner the sale,
15 procurement, or issuance of any policy of life insurance, nor does it modify
16 the terms of an existing policy of life insurance. A policy of life insurance
17 is not legally impaired or invalidated in any manner by the withholding or
18 withdrawal of emergency life-sustaining procedures from an insured person pos-
19 sessing DNR identification, notwithstanding any term of the policy to the con-
20 trary.
21 (3) A physician, health care facility, or other health care provider and
22 a health care service plan, insurer issuing disability insurance, self-insured
23 employee welfare benefit plan, or nonprofit hospital plan may not require a
24 person to possess DNR identification as a condition for being insured for or
25 receiving health care services.
26 (4) This act does Sections 56-1020 through 56-1035, Idaho Code, do not
27 create a presumption concerning the intention of an individual who does not
28 possess DNR identification with respect to the use, withholding, or withdrawal
29 of emergency life-sustaining procedures.
30 (5) This act does Sections 56-1020 through 56-1035, Idaho Code, do not
31 increase or decrease the right of a patient to make decisions regarding the
32 use of emergency life-sustaining procedures if the patient is able to do so,
33 nor does this act sections 56-1020 through 56-1035, Idaho Code, impair or
34 supersede any right or responsibility that a person has to effect the with-
35 holding or withdrawal of medical care in any lawful manner. In that respect
36 the provisions of this act sections 56-1020 through 56-1035, Idaho Code, are
37 cumulative.
38 SECTION 27. That Section 39-162, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-16256-1032. PRESERVATION OF EXISTING RIGHTS. The provisions of this
41 act Sections 56-1020 through 56-1035, Idaho Code, are cumulative to the exist-
42 ing law regarding an individual's right to consent, or refusal to consent, to
43 medical treatment and do not impair any existing rights or responsibilities
44 which a health care provider, a patient, including a minor, competent or
45 incompetent person, or a patient's family may have in regard to the withhold-
46 ing or withdrawal of life-prolonging medical procedures or any other health
47 care decision-making under the common law or statutes of this state.
48 SECTION 28. That Section 39-163, Idaho Code, be, and the same is hereby
49 amended to read as follows:
14
1 39-16356-1033. PRIOR AND OUT-OF-STATE DNR ORDERS AND IDENTIFICATION --
2 VALIDITY. A DNR order or identification prepared before the effective date of
3 this act sections 56-1020 through 56-1035, Idaho Code, or prepared in another
4 state, district, or territory of the United States, is valid in this state.
5 SECTION 29. That Section 39-164, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-16456-1034. APPLICATION TO MASS CASUALTIES. This act does Sections
8 56-1020 through 56-1035, Idaho Code, do not apply to situations involving mass
9 casualties.
10 SECTION 30. That Section 39-165, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-16556-1035. RULEMAKING AUTHORITY. (1) The department shall adopt only
13 those rules necessary to administer the provisions of this act sections
14 56-1020 through 56-1035, Idaho Code, including appropriate protocols.
15 (2) Upon the adoption of a DNR protocol, the department shall adopt a
16 standard form of DNR identification to be used statewide.
17 SECTION 31. That Section 39-166, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-16656-1036. LEGISLATIVE INTENT. (1) The legislature finds that acci-
20 dental poisoning is a serious public health problem in the state of Idaho and
21 is a problem that disproportionately affects Idaho's children. It further
22 finds that a significant reduction in the morbidity and mortality resulting
23 from such accidental poisonings has occurred as a result of the services pro-
24 vided by the poison control center.
25 (2) The purpose of this act sections 56-1036 through 56-1040, Idaho Code,
26 is to declare legislative support for the important work of the poison control
27 center and to assure, by statute, the continued existence of the poison con-
28 trol center.
29 (3) The legislature finds that the poison control center has saved lives
30 and reduced suffering associated with poisoning by providing emergency tele-
31 phone assistance and treatment referral to victims of such incidents, by pro-
32 viding immediate treatment information to health care professionals, and by
33 providing public education and prevention programs.
34 (4) The legislature recognizes that enhanced cooperation between the
35 emergency medical system and poison control centers will aid in responding to
36 emergencies resulting from exposure to poisons and that, by providing tele-
37 phone assistance to individuals with possible exposure to poisons, the need
38 for emergency room and professional office visits will be reduced. As a
39 result, the cost of health care to those who may have been poisoned will be
40 avoided or reduced and appropriate treatment will be assured.
41 SECTION 32. That Section 39-167, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-16756-1037. POISON CONTROL CENTER ESTABLISHED -- SERVICES OFFERED. The
44 director of the department of health and welfare (for purposes of this act
45 sections 56-1036 through 56-1040, Idaho Code, "director") shall establish, and
46 provide support in a manner consistent with this act sections 56-1036 through
47 56-1040, Idaho Code, a statewide poison control center. The poison control
15
1 center shall offer the following services:
2 (1) Provide twenty-four (24) hour emergency telephone management and
3 treatment referral of victims of poisoning to include determining whether
4 treatment can be accomplished at the scene of the incident or transport to an
5 emergency treatment or other facility is required, and carrying out telephone
6 follow-up to families and other individuals to assure that adequate care is
7 provided;
8 (2) Provide information to health professionals involved in management of
9 poisoning and overdose victims; and
10 (3) Provide coordination and development of community education programs
11 designed to inform the public and members of the health professions of poison
12 prevention and treatment methods and to improve awareness of poisoning prob-
13 lems, occupational risks and environmental exposures.
14 SECTION 33. That Section 39-168, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-16856-1038. COORDINATION WITH OTHER AGENCIES. The director shall
17 establish a system for consulting with other state agency programs concerned
18 with poisons and poisonings, incidents involving exposures to potentially poi-
19 sonous substances, and other toxicological matters to develop the most coordi-
20 nated and consistent response to such situations as is reasonably possible.
21 SECTION 34. That Section 39-169, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-16956-1039. POWER TO ACCEPT FEDERAL FUNDS AND GIFTS. The director may
24 accept federal funds granted by congress or executive order, as well as gifts,
25 grants, endowments and/or donations from individuals and private organizations
26 or foundations for all or any of the purposes of the poison control center.
27 SECTION 35. That Section 39-170, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-17056-1040. RULEMAKING AUTHORITY. The director shall adopt rules nec-
30 essary to administer the provisions of this act sections 56-1036 through
31 56-1040, Idaho Code, pursuant to chapter 52, title 67, Idaho Code.
32 SECTION 36. That Section 39-3030, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-303056-1044. RADIATION MACHINES USED TO PERFORM MAMMOGRAPHY. (1)
35 Beginning January 1, 1993, a No person shall not use a radiation machine to
36 perform mammography unless the radiation machine is registered with the
37 department of health and welfare under department rules for registration of
38 radiation machines and is specifically authorized under this section for use
39 for mammography.
40 (2) The department shall authorize a radiation machine for use for
41 mammography if the radiation machine meets the current criteria of the Ameri-
42 can college of radiology mammography accreditation program, published by the
43 American college of radiology, or meets an equivalent standard adopted by the
44 department. The department shall make copies of those criteria available to
45 the public.
46 (3) The department may withdraw the mammography authorization for a radi-
47 ation machine if it does not meet the standards set forth in subsection (2) of
16
1 this section.
2 (4) The department shall provide an opportunity for a hearing in connec-
3 tion with a denial or withdrawal of mammography authorization.
4 (5) Upon a finding that a deficiency in a radiation machine used for
5 mammography or a violation of the rules promulgated under this section seri-
6 ously affects the health, safety, and welfare of individuals upon whom the
7 radiation machine is used for mammography, the department may issue an emer-
8 gency order summarily withdrawing the mammography authorization of the radia-
9 tion machine. The department shall incorporate its findings in the order and
10 shall provide an opportunity for a hearing within five (5) working days after
11 issuance of the order. The order shall be effective during the proceedings.
12 (6) If the department withdraws the mammography authorization of a radia-
13 tion machine, the radiation machine shall not be used for mammography until
14 reauthorized by the department.
15 (7) If a person violates the provisions of subsection (1) of this sec-
16 tion, the department shall post a conspicuous notice on the unauthorized radi-
17 ation machine and at the entry to the facility where the radiation machine is
18 located warning the public that the facility is performing mammography using a
19 radiation machine that is a substantial hazard to the public health.
20 (8) As used in this section:
21 (a) "Radiation machine" means a machine, other than those exempted by
22 department rule, that emits ionizing radiation.
23 (b) "Mammography system" means the radiation machine used for
24 mammography, automatic exposure control devices, films, screens and
25 cassettes, image processor, darkrooms and viewboxes.
26 SECTION 37. That Chapter 10, Title 56, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 56-1041, Idaho Code, and to read as follows:
29 56-1041. STATE X-RAY CONTROL AGENCY. (1) The state department of health
30 and welfare is designated as the state agency having the responsibility for
31 administration of the regulatory, licensing and radiation control provisions
32 associated with x-ray producing machines, as defined in section 56-1042, Idaho
33 Code.
34 (2) The director of the department of health and welfare shall be admin-
35 istrator of the agency, hereinafter referred to as the director, who shall
36 perform the functions vested in the agency pursuant to the provisions of sec-
37 tions 56-1041 through 56-1053, Idaho Code.
38 (3) In accordance with the laws of the state, the director may appoint,
39 fix the compensation, and prescribe the powers and duties of such individuals,
40 including consultants, advisory councils, emergency teams and committees as
41 may be necessary to carry out the provisions of sections 56-1041 through
42 56-1053, Idaho Code. The personnel engaged in field activities of evaluation
43 and inspection shall at least have a baccalaureate degree in the physical
44 and/or life sciences, or the equivalent, and be trained in health physics.
45 (4) The agency shall for the protection of the occupational and public
46 health and safety:
47 (a) Develop programs for evaluation of hazards associated with use of
48 radiation;
49 (b) Formulate and recommend that the board of health and welfare adopt,
50 promulgate and repeal codes, rules and standards relating to control of
51 x-ray producing machines;
52 (c) Advise, consult, and cooperate with other agencies of the state, and
53 federal government, other states and interstate agencies, political subdi-
17
1 visions, and with groups concerned with control of x-ray producing
2 machines;
3 (d) Encourage, participate in, or conduct studies, investigations, train-
4 ing, research and demonstrations relating to x-ray producing machines;
5 (e) Collect and disseminate information relating to control of x-ray pro-
6 ducing machines;, including:
7 (i) Maintenance of a file of all license applications, issuances,
8 denials, amendments, transfers, renewals, modifications, suspensions
9 and revocations; and
10 (ii) Maintenance of a file of registrants possessing x-ray producing
11 machines requiring registration under the provisions of sections
12 56-1041 through 56-1053, Idaho Code, and any administrative or judi-
13 cial action pertaining thereto.;
14 (f) Have the authority to accept and administer loans, grants, or other
15 funds or gifts, conditional or otherwise, in furtherance of its functions
16 from the federal government and from other sources, public or private.;
17 (g) Issue subpoenas in order to compel the attendance of necessary wit-
18 nesses and/or the production of records and documents.
19 SECTION 38. That Chapter 10, Title 56, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 56-1042, Idaho Code, and to read as follows:
22 56-1042. DEFINITIONS. As used in sections 56-1041 through 56-1053, Idaho
23 Code:
24 (1) "Board" means the Idaho board of health and welfare.
25 (2) "Department" means the Idaho department of health and welfare.
26 (3) "Electronic product" means any manufactured product or device or com-
27 ponent part of such a product or device that has an electronic circuit which
28 during operation can generate or emit a physical field of radiation.
29 (4) "Person" means any individual, corporation, partnership, firm, asso-
30 ciation, trust, estate, public or private institution, group, agency, politi-
31 cal subdivision of this state, any other state or political subdivision or
32 agency thereof, and any legal successor, representative, agent or agency of
33 the foregoing.
34 (5) "Registration" means registration by any person possessing an x-ray
35 producing machine in accordance with rules and standards adopted by the state
36 board of health and welfare.
37 (6) "X-ray producing machine" means any type of device which is capable
38 of producing or emitting x-rays.
39 SECTION 39. That Chapter 10, Title 56, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 56-1043, Idaho Code, and to read as follows:
42 56-1043. RULES -- LICENSING REQUIREMENTS AND PROCEDURE -- REGISTRATION OF
43 X-RAY PRODUCING MACHINES -- EXEMPTIONS FROM REGISTRATION OR LICENSING. (1) The
44 board of health and welfare shall provide, by rule, for general or specific
45 licensing of x-ray producing machines. Such rule shall provide for amendment,
46 suspension or revocation of licenses. Such rule shall provide that:
47 (a) Each application for a specific license shall be in writing and shall
48 state such information as the board, by rule, may determine to be neces-
49 sary to decide the technical, insurance and financial qualifications, or
50 any other qualification of the applicant as the department may deem rea-
51 sonable and necessary to protect the occupational and public health and
18
1 safety. The department may at any time after the filing of the applica-
2 tion, and before the expiration of the license, require further written
3 statements and shall make such inspections as the department deems neces-
4 sary in order to determine whether the license should be granted or denied
5 or whether the license should be modified, suspended or revoked. In no
6 event shall the department grant a specific license to any applicant who
7 has never possessed a specific license issued by a recognized state or
8 federal authority until the department has conducted an inspection or
9 review which insures that the applicant can meet the rules and standards
10 adopted pursuant to sections 56-1041 through 56-1053, Idaho Code. All
11 applications and statements shall be signed by the applicant or licensee.
12 The department may require any applications or statements to be made under
13 oath or affirmation;
14 (b) Each license shall be in such form and contain such terms and condi-
15 tions as the board may by rule prescribe;
16 (c) No license issued under the authority of sections 56-1041 through
17 56-1053, Idaho Code, and no right to process or utilize x-ray producing
18 machines granted by any license shall be assigned or in any manner dis-
19 posed of; and
20 (d) The terms and conditions of all licenses shall be subject to amend-
21 ment, revision or modification by rules or orders issued in accordance
22 with the provisions of sections 56-1041 through 56-1053, Idaho Code.
23 (2) The board of health and welfare may require licensing of those per-
24 sons installing or repairing x-ray producing machines which the board has
25 determined to present a potential hazard to the occupational and public health
26 and safety. Such licensing requirements shall provide that:
27 (a) Each application for a license shall be in writing and shall state
28 such information as the board, by rule, may determine to be necessary to
29 decide the technical, insurance and financial qualifications, or any other
30 qualification of the applicant as the department may deem reasonable and
31 necessary. The department may at any time after the filing of the applica-
32 tion, and before the expiration of the license, require further written
33 statements and shall make such inspections as the department deems neces-
34 sary in order to determine whether the license should be granted or denied
35 or whether the license should be modified, suspended or revoked. All
36 applications and statements shall be signed by the applicant or licensee.
37 The department may require any applications or statements to be made under
38 oath or affirmation;
39 (b) Each license shall be in such form and contain such terms and condi-
40 tions as the board of health and welfare may by rule prescribe;
41 (c) No license issued under the authority of sections 56-1041 through
42 56-1053, Idaho Code, and no right to possess or utilize x-ray producing
43 machines granted by any license shall be assigned or in any manner dis-
44 posed of; and
45 (d) The terms and conditions of all licenses shall be subject to amend-
46 ment, revision or modification by rules or orders issued in accordance
47 with the provisions of sections 56-1041 through 56-1053, Idaho Code.
48 (3) The board of health and welfare may require registration of all x-ray
49 producing machines which the department has determined to present a potential
50 hazard to the occupational and public health and safety.
51 (4) The board of health and welfare may exempt certain x-ray producing
52 machines or kinds of uses or users from the registration or licensing require-
53 ments set forth in this section when the department makes a finding that the
54 exemption of such x-ray producing machines or kinds of uses or users will not
55 constitute a significant risk to the health and safety of the public.
19
1 (5) In promulgating rules pursuant to sections 56-1041 through 56-1053,
2 Idaho Code, the board of health and welfare shall, insofar as practical,
3 strive to avoid requiring dual licensing, and shall provide for such recogni-
4 tion of other state or federal licenses as the department shall deem desir-
5 able, subject to such registration requirements as the board of health and
6 welfare may prescribe.
7 SECTION 40. That Chapter 10, Title 56, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 56-1045, Idaho Code, and to read as follows:
10 56-1045. INSPECTION. The department or its duly authorized representative
11 shall have the power to enter at all reasonable times upon any private or pub-
12 lic property for the purpose of determining whether or not there is compliance
13 with or violation of the provisions of sections 56-1041 through 56-1053, Idaho
14 Code, and rules issued thereunder, except that entry into areas under the
15 exclusive jurisdiction of the federal government, or security areas under the
16 direct or indirect jurisdiction of the federal government, shall be effected
17 only with the concurrence of the federal government or its duly designated
18 representative.
19 SECTION 41. That Chapter 10, Title 56, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 56-1046, Idaho Code, and to read as follows:
22 56-1046. RECORDS. (1) The department shall require each person who pos-
23 sesses or uses an x-ray producing machine to maintain necessary records relat-
24 ing to its receipt, use, storage, transfer, or disposal and such other records
25 as the department may require which will permit the determination of the
26 extent of occupational and public exposure from the x-ray producing machine.
27 Copies of these records shall be submitted to the department on request. These
28 requirements are subject to such exemptions as may be provided by rule.
29 (2) The department may by rule establish standards requiring that person-
30 nel monitoring be provided for any employee potentially exposed to x-rays and
31 may provide for the reporting to any employee of his x-ray exposure record.
32 SECTION 42. That Chapter 10, Title 56, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 56-1047, Idaho Code, and to read as follows:
35 56-1047. FEDERAL-STATE AGREEMENTS -- AUTHORIZED -- EFFECT AS TO FEDERAL
36 LICENSES. (1) The governor, on behalf of this state, is authorized to enter
37 into agreements with the federal government providing for discontinuance of
38 certain of the federal government's responsibilities with respect to x-ray
39 producing machines and the assumption thereof by this state pursuant to sec-
40 tions 56-1041 through 56-1053, Idaho Code.
41 (2) Any person who, on the effective date of an agreement under subsec-
42 tion (1) of this section, possesses a license issued by the federal govern-
43 ment, shall be deemed to possess the same pursuant to a license issued under
44 sections 56-1041 through 56-1053, Idaho Code, which shall expire either ninety
45 (90) days after the receipt from the department of a notice of expiration of
46 such license or on the date of expiration specified in the federal license,
47 whichever is earlier.
48 SECTION 43. That Chapter 10, Title 56, Idaho Code, be, and the same is
20
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 56-1048, Idaho Code, and to read as follows:
3 56-1048. INSPECTION AGREEMENTS AND TRAINING PROGRAMS. (1) The department
4 is authorized to enter into an agreement or agreements with the federal gov-
5 ernment, other states, or interstate agencies, whereby this state will perform
6 on a cooperative basis with the federal government, other states, or inter-
7 state agencies, inspections or other functions relating to control of x-ray
8 producing machines.
9 (2) The department may institute training programs for the purpose of
10 qualifying personnel to carry out the provisions of sections 56-1041 through
11 56-1053, Idaho Code, and may make said personnel available for participation
12 in any program or programs of the federal government, other states, or inter-
13 state agencies in furtherance of the purposes of such sections.
14 SECTION 44. That Chapter 10, Title 56, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 56-1049, Idaho Code, and to read as follows:
17 56-1049. ADMINISTRATIVE PROCEDURE. In any proceeding under sections
18 56-1041 through 56-1053, Idaho Code, for the issuance or modification or
19 repeal of rules relating to control of x-ray producing machines, the depart-
20 ment shall comply with the requirements of chapter 52, title 67, Idaho Code.
21 Notwithstanding any other provision of sections 56-1041 through 56-1053,
22 Idaho Code, whenever the department finds that an emergency exists requiring
23 immediate action to protect the public health, safety or general welfare, the
24 department may, without notice or hearing, issue a rule or order reciting the
25 existence of such emergency and require that such action be taken as is neces-
26 sary to meet the emergency. Such rules or orders shall be effective immedi-
27 ately.
28 SECTION 45. That Chapter 10, Title 56, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 56-1050, Idaho Code, and to read as follows:
31 56-1050. INJUNCTION PROCEEDINGS. Notwithstanding the existence or use of
32 any other remedy, whenever any person has engaged in, or is about to engage
33 in, any acts or practices which constitute or will constitute a violation of
34 any provision of sections 56-1041 through 56-1053, Idaho Code, or any rule or
35 order issued thereunder, the attorney general, upon the request of the depart-
36 ment, after notice to such person and opportunity to comply, may make applica-
37 tion to the appropriate court for an order enjoining such acts or practices,
38 or for an order directing compliance, and upon a showing by the department
39 that such person has engaged in, or is about to engage in, any such acts or
40 practices, a permanent or temporary injunction, restraining order, or other
41 order may be granted.
42 SECTION 46. That Chapter 10, Title 56, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 56-1051, Idaho Code, and to read as follows:
45 56-1051. PROHIBITED USES. (1) It shall be unlawful for any person to use,
46 manufacture, produce, transport, transfer, receive, acquire, own or possess
47 any x-ray producing machine unless licensed by or registered with, or exempted
48 by the department in accordance with the provisions of sections 56-1041
21
1 through 56-1053, Idaho Code.
2 (2) It shall be unlawful for any person to use, manufacture, produce,
3 transport, transfer, receive, acquire, own or possess any other x-ray produc-
4 ing machine that has been identified by the department as presenting a poten-
5 tial hazard unless such x-ray producing machine is licensed by or registered
6 by the department in accordance with the provisions of sections 56-1041
7 through 56-1053, Idaho Code.
8 SECTION 47. That Chapter 10, Title 56, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 56-1052, Idaho Code, and to read as follows:
11 56-1052. IMPOUNDING OF MATERIALS. The department shall have the authority
12 in the event of an emergency to impound or order the impounding of x-ray pro-
13 ducing machines in the possession of any person who is not equipped to observe
14 or fails to observe the provisions of sections 56-1041 through 56-1053, Idaho
15 Code, or any rules issued thereunder.
16 SECTION 48. That Chapter 10, Title 56, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 56-1053, Idaho Code, and to read as follows:
19 56-1053. PENALTIES. Any person who violates any of the provisions of sec-
20 tions 56-1041 through 56-1053, Idaho Code, or rules or orders in effect pursu-
21 ant thereto shall be guilty of a misdemeanor.
22 SECTION 49. That Section 49-306, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every
25 application for any instruction permit or for a driver's license shall be made
26 upon a form furnished by the department and shall be verified by the applicant
27 before a person authorized to administer oaths. Officers and employees of the
28 department and sheriffs and their deputies are authorized to administer the
29 oaths without charge. Every application for a permit, extension or driver's
30 license shall be accompanied by the following fee, none of which is refund-
31 able:
32 (a) Class A, B, C (4-year) license with endorsements - age 21 years and
33 older ............................................................. $28.50
34 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years
35 ................................................................... $17.50
36 (c) Class A, B, C (1-year) license with endorsements - age 20 years .....
37 ................................................................... $11.25
38 (d) Class D (3-year) license - under age 18 years ................ $17.50
39 (e) Class D (3-year) license - age 18 to 21 years ................ $17.50
40 (f) Class D (1-year) license - age 17 years or age 20 years ...... $11.25
41 (g) Four-year Class D license - age 21 years and older ........... $24.50
42 (hf) Eight-year Class D license - ages 21 to 63 years ............ $41.00
43 (ig) Class A, B, C instruction permit ............................ $19.50
44 (jh) Class D instruction permit or supervised instruction permit
45 ................................................................... $11.50
46 (ki) Duplicate driver's license or permit issued under section 49-318,
47 Idaho Code ........................................................ $11.50
48 (lj) Driver's license extension issued under section 49-319, Idaho Code
49 ................................................................... $ 6.50
22
1 (mk) License classification change (upgrade) ..................... $15.50
2 (nl) Endorsement addition ........................................ $11.50
3 (om) Class A, B, C skills tests .................... not more than $55.00
4 (pn) Class D skills test ......................................... $15.00
5 (qo) Motorcycle endorsement skills test ...........................$ 5.00
6 (rp) Knowledge test .............................................. $ 3.00
7 (sq) Seasonal driver's license ................................... $27.50
8 (tr) One time motorcycle "M" endorsement ......................... $11.50
9 (us) Motorcycle endorsement instruction permit ................... $11.50
10 (vt) Restricted driving permit ................................... $35.00
11 (2) Every application shall state the true and full name, date of birth,
12 sex, declaration of Idaho residency, Idaho residence address and mailing
13 address, if different, of the applicant, height, weight, hair color, and eye
14 color, and the applicant's social security number as verified by the
15 applicant's social security card or by the social security administration.
16 (a) The requirement that an applicant provide a social security number as
17 verified by his social security card or by the social security administra-
18 tion shall apply only to applicants who have been assigned a social secu-
19 rity number.
20 (b) An applicant who has not been assigned a social security number
21 shall:
22 (i) Present written verification from the social security adminis-
23 tration that the applicant has not been assigned a social security
24 number; and
25 (ii) Submit a birth certificate, passport or other documentary evi-
26 dence issued by an entity other than a state or the United States;
27 and
28 (iii) Submit such proof as the department may require that the appli-
29 cant is lawfully present in the United States.
30 A driver's license or any instruction permit issued on and after January
31 1, 1993, shall not contain an applicant's social security number. Applications
32 on file shall be exempt from disclosure except as provided in sections
33 49-202, 49-203, 49-203A and 49-204, Idaho Code.
34 Every application shall also state whether the applicant has previously
35 been licensed as a driver, and if so, when and by what state or country, and
36 whether a driver's license or privileges have ever been suspended, revoked,
37 denied, disqualified, cancelled canceled or whether an application has ever
38 been refused, and if so, the date of and reason for the suspension, revoca-
39 tion, denial, disqualification, cancellation or refusal and the applicant's
40 oath that all information is correct as signified by the applicant's signa-
41 ture.
42 The applicant may be required to submit proof of identity acceptable to
43 the examiner or the department and date of birth as set forth in a certified
44 copy of his birth certificate when obtainable, or another document which pro-
45 vides satisfactory evidence of a person's date of birth acceptable to the
46 examiner or the department.
47 (3) Whenever an application is received from a person previously licensed
48 in another jurisdiction, the department shall request a copy of the driver's
49 record from the other jurisdiction and shall contact the national driver reg-
50 ister. When received, the driver's record from the previous jurisdiction shall
51 become a part of the driver's record in this state with the same force and
52 effect as though entered on the driver's record in this state in the original
53 instance.
54 (4) Whenever the department receives a request for a driver's record from
55 another licensing jurisdiction, the record shall be forwarded without charge.
23
1 (5) The department shall contact and notify the commercial driver license
2 information system of the proposed application for a class A, B or C driver's
3 license to insure identification of the person and to obtain clearance to
4 issue the license.
5 (6) When the fees required under this section are collected by a county
6 officer, they shall be paid over to the county treasurer not less often than
7 monthly, who shall immediately:
8 (a) Deposit an amount equal to five dollars ($5.00) from each driver's
9 license except an eight-year class D license, or any class D instruction
10 permit application fees, application for a duplicate driver's license or
11 permit, classification change, seasonal driver's license and additional
12 endorsement, and ten dollars ($10.00) from each eight-year class D
13 driver's license, in the current expense fund; and
14 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
15 endorsement and motorcycle endorsement instruction permit fee in the cur-
16 rent expense fund; and
17 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a
18 knowledge test in the current expense fund; and
19 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a
20 motorcycle endorsement skills test in the current expense fund; provided
21 however, if a contractor administers the skills test he shall be entitled
22 to the five dollar ($5.00) fee; and
23 (e) Remit the remainder to the state treasurer; and
24 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a
25 class D skills test into the county current expense fund, unless the test
26 is administered by a department-approved contractor, in which case the
27 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
28 each fee.
29 (7) When the fees required under this section are collected by a state
30 officer or agency, they shall be paid over to the state treasurer.
31 (8) The state treasurer shall distribute the moneys received from fees
32 imposed by the provisions of this section, whether collected by a county offi-
33 cer or by a state officer or agency as follows:
34 (a) Two dollars ($2.00) of each fee for a four-year driver's license or
35 seasonal driver's license, and four dollars ($4.00) of each fee for an
36 eight-year class D driver's license, and one dollar and fifty cents
37 ($1.50) of each fee charged for driver's licenses pursuant to subsections
38 (1)(b), (d) and (e) of this section, and fifty cents (50) of each fee
39 charged for driver's licenses pursuant to subsections (1)(c) and (f) of
40 this section, shall be deposited in the emergency medical services account
41 fund II created in section 39-146A 56-1018A, Idaho Code, and four dollars
42 ($4.00) of each fee charged pursuant to subsections (1)(a), (g) and (s) of
43 this section shall be deposited in the emergency medical services account
44 fund III created in section 39-146B 56-1018B, Idaho Code; and
45 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal
46 or class A, B or C driver's license, and ten dollars ($10.00) of each fee
47 charged for a license pursuant to subsection (1)(b) of this section, and
48 five dollars and forty-one cents ($5.41) of each fee charged for a license
49 pursuant to subsection (1)(c) of this section shall be deposited in the
50 state highway account fund; and
51 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or
52 C instruction permit or driver's license classification change shall be
53 deposited in the state highway account fund; and
54 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction
55 permit shall be deposited in the emergency medical services account fund
24
1 III created in section 39-146B 56-1018B, Idaho Code; and
2 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea-
3 sonal or class A, B or C driver's license, class A, B or C driver's
4 license extension, or additional endorsement shall be deposited in the
5 state highway account fund; and
6 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and
7 motorcycle endorsement instruction permit shall be deposited in the state
8 highway account fund; and
9 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year
10 class D driver's license, and ten dollars and sixty cents ($10.60) of each
11 fee for an eight-year class D driver's license, and four dollars ($4.00)
12 of each fee charged for a license pursuant to subsections (1)(d) and (e)
13 of this section, and one dollar and thirty-three cents ($1.33) of each fee
14 charged for a license pursuant to subsection (1)(f) of this section shall
15 be deposited in the driver training account fund; and
16 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year
17 class D driver's license, and fourteen dollars and forty cents ($14.40) of
18 each fee for an eight-year class D driver's license, and six dollars
19 ($6.00) of each fee charged for a license pursuant to subsections (1)(d)
20 and (e) of this section, and four dollars and eight cents ($4.08) of each
21 fee charged for a license pursuant to subsection (1)(f) of this section
22 shall be deposited in the highway distribution account fund; and
23 (i) Two dollars and sixty cents ($2.60) of each fee for a class D
24 instruction permit, duplicate class D license or permit, and class D
25 license extension shall be deposited in the driver training account fund;
26 and
27 (j) Three dollars and ninety cents ($3.90) of each fee for a class D
28 instruction permit, duplicate class D license or permit, and class D
29 license extension shall be deposited in the highway distribution account
30 fund; and
31 (k) Five dollars ($5.00) of each fee for a class A, B, or C skills test
32 shall be deposited in the state highway account fund; and
33 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D
34 driver's license, and two dollars ($2.00) of each fee for an eight-year
35 class D driver's license, and one dollar ($1.00) of each fee charged for a
36 license pursuant to subsections (1)(b), (d) and (e) of this section, and
37 thirty-four cents (34) of each fee charged for a license pursuant to sub-
38 sections (1)(c) and (f) of this section shall be deposited in the motor-
39 cycle safety program fund established in section 33-4904, Idaho Code; and
40 (m) Three dollars and fifty cents ($3.50) of each fee for a class D
41 skills test shall be deposited into the state highway account fund.
42 (9) The contractor administering a class A, B or C skills test shall be
43 entitled to not more than fifty dollars ($50.00) of the skills test fee. A
44 contractor administering a class A, B or C skills test may collect an addi-
45 tional fee for the use of the contractor's vehicle for the skills test.
46 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall
47 be deposited in the state highway account fund.
48 (11) The department may issue seasonal class B or C driver's licenses
49 that:
50 (a) Will only be valid for driving commercial vehicles that normally
51 require class B or C commercial driver's licenses;
52 (b) Will be valid for seasonal periods that begin on the date of issuance
53 and that are not to exceed one hundred eighty (180) days in a twelve (12)
54 month period;
55 (c) May only be obtained twice in a driver's lifetime;
25
1 (d) Are valid only within a one hundred fifty (150) mile radius of the
2 place of business or farm being serviced; and
3 (e) Will be valid only in conjunction with valid Idaho class D driver's
4 licenses.
5 (12) The department may issue seasonal class B or C driver's licenses to
6 drivers who:
7 (a) Have not violated the single license provisions of 49 CFR part 383
8 applicable federal regulations;
9 (b) Have not had any license suspensions, revocations or cancellations;
10 (c) Have not had any convictions in any vehicle for any offense listed in
11 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic
12 offense;
13 (d) Have at least one (1) year of driving experience with a class D or
14 equivalent license in any type motor vehicle; and
15 (e) Are at least sixteen (16) years old.
16 SECTION 50. That Section 49-452, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-452. EMERGENCY MEDICAL SERVICES FEE. (1) An emergency medical services
19 fee of one dollar and twenty-five cents ($1.25) shall be collected in addition
20 to each motor vehicle registration fee amount collected under the provisions
21 of this chapter, with the exception of those vehicles proportionally regis-
22 tered under section 49-435, Idaho Code. Twenty-five cents ($.25) of the fee
23 shall be retained by the county of residence for use in funding local emer-
24 gency medical service costs. One dollar ($1.00) of the fee shall be trans-
25 mitted to the state treasurer for deposit in the emergency medical services
26 account fund established in section 39-146 56-1018, Idaho Code.
27 (2) For vehicles registered under the provisions of section 49-402B,
28 Idaho Code, the fee shall be two dollars and fifty cents ($2.50). Fifty cents
29 ($.50) of the fee shall be retained by the county of residence for use in
30 funding local emergency medical services costs. Two dollars ($2.00) of the fee
31 shall be transmitted to the state treasurer for deposit in the emergency medi-
32 cal services account fund established in section 39-146 56-1018, Idaho Code.
STATEMENT OF PURPOSE
RS 10452C2
This Legislation will redesignate a number of sections relating
to health and welfare. The redesignations are a result of Senate
Bill No. 1426, passed by the Legislature in the 2000 Session,
which created both the Department of Environmental Quality and
the Board of Environmental Quality separate from the Department
of Health and Welfare. The purpose of this legislation is to
ensure that provisions relating to the duties and services of the
Department of Health and Welfare are included under the
provisions of Title 56.
FISCAL IMPACT
There should be no impact on the General Fund or other state
government funds.
Contact
Name:Dick Schultz, Dept. of H&W
334-5945
STATEMENT OF PURPOSE/FISCAL NOTE H 198