TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2362.  mask mandates prohibited. (1) Notwithstanding any provision of law to the contrary:

(a)  Neither the state nor a political subdivision may mandate that an individual in this state must use a medical face mask, face shield, or other face covering for the purpose of preventing or slowing the spread of a contagious or infectious disease;

(b)  An official may not mandate that an individual in this state must use a medical face mask, face shield, or other face covering for the purpose of preventing or slowing the spread of a contagious or infectious disease;

(c)  A medical face mask, face shield, or face covering shall not be required by the state, a political subdivision, or an official as a condition for entry, education, employment, or other services; and

(d)  If the state, a political subdivision, or an official recommends using a medical face mask, face shield, or face covering to prevent or slow the spread of a contagious or infectious disease, such recommendation shall be accompanied by a notice that the recommendation is not mandatory.

(2)  For purposes of this section:

(a)  "Official" means an officer or an employee of the state or a political subdivision thereof.

(b)  "Political subdivision" means a county, city, public health district, school district, special purpose district, or other district or municipality organized under any general or special law of this state, except the term "political subdivision" does not include any hospital or health care facility.

(c)  "State" means the state of Idaho or any of its agencies, boards, commissions, departments, divisions, or institutions, including any state institution of higher education, except the term "state" does not include any hospital or health care facility.

(3)  Nothing in this section shall be interpreted to restrict the requirement of face masks in any vocational setting where the wearing of a protective face mask is a mandatory requirement and necessary to perform required job duties. The exemption in this subsection is strictly limited to those working in roles where face masks are an integral and compulsory safety component of required job duties, which includes but is not limited to health care professionals, individuals working with hazardous materials or biohazards, and workers in industrial environments where respiratory protection is vocationally required.

(4)  Nothing in this section shall be interpreted to restrict the use of face masks to address any behavioral risk in any facility to which an individual is confined, including hospitalization of the mentally ill pursuant to chapter 3, title 66, Idaho Code, and correctional facilities as defined in chapter 1, title 18, Idaho Code.

History:

[67-2362, added 2025, ch. 11, sec. 1, p. 35.]