2001 Legislation
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HOUSE BILL NO. 198 – H&W law, certain, recodified

HOUSE BILL NO. 198

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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