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title-54•Title 54 — Professions, Vocations, and Businesses
title-54Idaho Code tit. 54CodeJan 1, 1903
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
This chapter shall be known and may be cited as the "Idaho Allied Health Advisory Board Act."
[54-101, added 2024, ch. 61, sec. 1, p. 289.]
(1) There is hereby created in the division of occupational and professional licenses the Idaho allied health advisory board.
(2) The allied health advisory board shall serve as an advisory board to the Idaho board of medicine. The board shall consist of seven (7) members who shall be appointed by the board of medicine: one (1) of whom shall be a licensed physician pursuant to chapter 18, title 54, Idaho Code; one (1) of whom shall be a licensed dietitian pursuant to chapter 35, title 54, Idaho Code; one (1) of whom shall be a licensed athletic trainer pursuant to chapter 39, title 54, Idaho Code; one (1) of whom shall be a licensed respiratory therapist pursuant to chapter 43, title 54, Idaho Code; one (1) of whom shall be authorized to provide polysomnography-related respiratory care services pursuant to chapter 43, title 54, Idaho Code; one (1) of whom shall be a licensed naturopathic medical doctor pursuant to chapter 51, title 54, Idaho Code; and one (1) of whom shall be a member of the public with an interest in the rights of consumers of allied health services.
(3) For the initial appointments: one (1) member shall be appointed for a period of one (1) year; two (2) members shall be appointed for a period of two (2) years; one (1) member shall be appointed for a period of three (3) years; two (2) members shall be appointed for a period of four (4) years; and one (1) member shall be appointed for a period of five (5) years. After this initial appointment, all terms of appointment shall be for a period of five (5) years.
(4) Each member may serve a maximum of two (2) consecutive terms. A partial term of less than five (5) years shall not constitute a term for purposes of this subsection.
(5) An election of the board chair and vice chair shall occur on an annual basis. Any appointed member of the board is eligible to serve as chair or vice chair.
(6) A quorum is established if a majority of appointed members are present at the board meeting.
(7) The board shall meet at least once annually. Additional meetings may be held at the call of the chair or at the request of any two (2) members of the board.
(8) Any association or individual residing in this state may submit an allied health advisory board member recommendation to the Idaho board of medicine. The board of medicine will consider but is not bound by any such recommendation.
[54-102, added 2024, ch. 61, sec. 1, p. 289.]
(1) The board of medicine shall administer, coordinate, and enforce the provisions of: chapter 35, title 54, Idaho Code, relating to dietitians; chapter 39, title 54, Idaho Code, relating to athletic trainers; chapter 43, title 54, Idaho Code, relating to respiratory therapists; and chapter 51, title 54, Idaho Code, relating to naturopathic medical doctors. The allied health advisory board shall make recommendations to, and consult with, the board of medicine concerning qualification of applicants for licensure, issuance of licenses, discipline of licensees, and rules to be promulgated under the chapters listed in this subsection.
(2) The board of medicine may, upon recommendation of the allied health advisory board, adopt rules pursuant to chapter 52, title 67, Idaho Code, necessary to implement the provisions of the chapters listed in subsection (1) of this section, including but not limited to rules relating to professional licensure, examination, the establishment of ethical standards of practice, disciplinary proceedings, and license suspension, restriction, or revocation for persons holding a license to practice dietetics, athletic training, respiratory therapy, or naturopathic medicine, respectively, in Idaho.
(3) The allied health advisory board shall hold meetings, conduct hearings, and keep records and minutes as are necessary to carry out its functions.
(4) All fees received pursuant to the provisions of the chapters listed in subsection (1) of this section shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board of medicine or the allied health advisory board pursuant to the provisions of the chapters listed in subsection (1) of this section shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of the chapters listed in subsection (1) of this section.
[54-103, added 2024, ch. 61, sec. 1, p. 290.]
This chapter shall be known and may be cited as "The Idaho Accountancy Act."
[54-201, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 1, p. 895; am. 2002, ch. 92, sec. 1, p. 234.]
It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, and that persons who have not demonstrated and maintained such qualifications shall not be permitted to hold themselves out as having special competence or to offer such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited.
[54-202, added 1993, ch. 239, sec. 2, p. 826; am. 2002, ch. 92, sec. 2, p. 234.]
There is hereby created in the department of self-governing agencies a board of accountancy in and for the state of Idaho, to be known as the Idaho state board of accountancy. The board shall consist of seven (7) members, all of whom shall be residents of this state, appointed by the governor, five (5) of whom shall hold current certified public accountant licenses issued under the laws of this state, one (1) who shall be either a licensed public accountant or certified public accountant and one (1) public member not licensed under this chapter who has professional or practical experience in the use of accounting services and financial statements. Board members shall be appointed for terms of five (5) years to commence on the first day of September and shall serve at the pleasure of the governor. Board members shall continue in office with their terms expiring on August 31 of each member’s final year. Whenever the term for a member of the board expires or becomes vacant for any cause, the governor may consider recommendations for appointment to the board from the Idaho society of certified public accountants, the Idaho association of public accountants and from any individual residing in this state. Vacancies occurring during the term shall be filled by appointment by the governor for the unexpired term. Upon expiration of the term of office, a member shall continue to serve until a successor shall have been appointed and shall have qualified.
[54-203, added 1993, ch. 239, sec. 33, p. 844; am. 2002, ch. 92, sec. 3, p. 234; am. 2016, ch. 340, sec. 2, p. 932.]
The Idaho state board of accountancy, in addition to the other powers and duties set forth in this chapter, shall have the following powers and duties:
(1) To adopt and amend rules, subject to legislative approval, in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, governing its administration and the enforcement of this chapter and the conduct of licensees including, but not limited to:
(a) Rules governing the board’s meetings and the conduct of its business;
(b) Rules of procedure governing the conduct of investigations and hearings by the board;
(c) Rules specifying the education, examination and experience qualifications required for the issuance of certificates, and the continuing professional education required for renewal of licenses;
(d) Rules of professional conduct directed to controlling the quality and probity of professional services by licensees, and dealing among other things with independence, integrity and objectivity; competence and technical standards; responsibilities to the public; and responsibilities to clients;
(e) Rules governing the professional standards applicable to licensees;
(f) Rules governing the manner and circumstances of use of the titles "certified public accountant" and "licensed public accountant";
(g) Rules regarding peer reviews that may be required to be performed under the provisions of this chapter;
(h) Rules on reciprocity and substantial equivalency to implement the provisions of section 54-210, Idaho Code;
(i) Rules adopting statements on standards as specified in section 54-206, Idaho Code, which, if the board may deem appropriate, shall be those standards developed for general application by recognized accountancy organizations such as the AICPA, as such statements are established from time to time; and
(j) Such other rules as the board may deem necessary or appropriate to implement or administer the provisions and purposes of this chapter.
(2) To issue original certificates of qualification and licenses to practice as certified public accountants to such applicants as may be qualified by reciprocity, transfer of examination grades or by examination.
(3) To charge and collect from all applicants, certificate holders, and licensees such fees as are provided by this chapter and prescribed by rules of the board.
(4) To initiate or receive complaints, cause the same to be investigated, initiate proceedings, and conduct hearings or proceedings pursuant to chapter 2, title 54, Idaho Code. The board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer shall file a report with the board. Unless dismissed by the board as unfounded or trivial, the board may proceed with disciplinary proceedings or may return the report to the investigating officer for further investigation.
(a) In order to protect the interests of a complainant, witness, third party or defendant, the board may upon application and for good cause shown, issue a protective order, consistent with chapter 1, title 74, Idaho Code, prohibiting the disclosure of specific information otherwise not privileged and confidential and direct that the proceedings be conducted so as to implement the order.
(b) In carrying into effect the provisions of this chapter, the board may subpoena witnesses and compel their attendance, and also may require the submission of books, papers, documents or other pertinent data; may administer oaths; may take testimony; may cooperate with the appropriate authorities in other states in investigation and enforcement concerning violations of this chapter and comparable acts of other states; and may receive evidence in any disciplinary matters or in any case wherever a violation of the provisions of this chapter is alleged. Upon failure or refusal to comply with any such order of the board, or upon failure to honor its subpoena, the board may apply to the court in the district where the witness resides to enforce compliance.
(5) To authorize by written agreement the division of occupational and professional licenses as agent to act in its interest.
(6) Any action, claim or demand to recover money damages from the board or its employees which any person is legally entitled to recover as compensation for the negligent or otherwise wrongful act or omission of the board or its employees, when acting within the course and scope of their employment, shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho Code. For purposes of this subsection, the term "employees" shall include special assignment members of the board and other independent contractors while acting within the course and scope of their board related work.
(7) All hearings, investigations or proceedings conducted by the board shall be conducted in conformity with chapter 52, title 67, Idaho Code, and rules of the board adopted pursuant thereto, and, unless otherwise requested by the concerned party, be subject to disclosure according to chapter 1, title 74, Idaho Code.
[54-204, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 4, p. 897; am. 1990, ch. 213, sec. 73, p. 538; am. 1991, ch. 30, sec. 8 and 9, p. 62 and 64; am. 1993, ch. 239, sec. 3, p. 826; am. 1994, ch. 49, sec. 1, p. 82; am. 1995, ch. 134, sec. 1, p. 581; am. 1999, ch. 30, sec. 13, p. 57; am. 2002, ch. 92, sec. 4, p. 235; am. 2008, ch. 128, sec. 1, p. 350; am. 2015, ch. 141, sec. 133, p. 479; am. 2022, ch. 94, sec. 6, p. 284; am. 2026, ch. 48, sec. 1, p. 228.]
The board shall have its principal office in Ada county. Four (4) members of the board shall constitute a quorum, a majority of whom may act. The board shall meet no less than three (3) times each year; provided, however, special meetings may be called at any time during the year after notice to all members of the board of such special meetings. The board shall elect annually a chair, a vice chair, a secretary and a treasurer from its members. The offices of secretary and treasurer may be in the same person. The members of the board shall be compensated as provided by section 59-509(i), Idaho Code.
[54-205, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 5, p. 899; am. 1980, ch. 247, sec. 49, p. 617; am. 1993, ch. 239, sec. 4, p. 829; am. 1994, ch. 49, sec. 2, p. 84; am. 2001, ch. 183, sec. 21, p. 634; am. 2021, ch. 221, sec. 2, p. 609.]
As used in this chapter:
(1) "AICPA" means the American institute of certified public accountants.
(2) "Applicant" means any person having the requisite qualifications who makes application to the board for examination, or for initial issuance or renewal or reinstatement of a license under the provisions of this chapter.
(3) "Attest" means providing the following professional services:
(a) Any audit or other engagement to be performed in accordance with the statements on auditing standards;
(b) Any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services;
(c) Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements;
(d) Any engagement to be performed in accordance with the standards of the PCAOB; and
(e) Any examination, review or agreed-upon procedures engagement to be performed in accordance with the statements on standards for attestation engagements, other than an examination described in paragraph (c) of this subsection.
(4) "Board" means the Idaho state board of accountancy.
(5) "Certificate" means that document issued by the board upon original approval of licensure. The original certificate does not constitute licensure and a person cannot represent himself or herself as a licensee unless a current and valid annual license has been issued by the board.
(6) "Certified public accountant" or "CPA" means any person who holds a valid, unrevoked and unsuspended license under the provisions of chapter 2, title 54, Idaho Code, or an equivalent provision of the laws of another state designating said person as a certified public accountant.
(7) "Client" means the person or entity that agrees with a licensee or licensee’s employer to receive any professional services with or without compensation and shall include all affiliates and related entities in the financial statements of an attest or compilation engagement.
(8) "Compilation" means a service performed in accordance with statements on standards for accounting and review services that presents, in the form of historical or prospective financial statements, information that is the representation of management or owners without undertaking to express any assurance on the statements. The term "compilation" does not include financial statements accompanied by the language set forth in section 54-226(3), Idaho Code, whether used by a licensee or by a person not licensed under this chapter, as long as the financial statements are not accompanied by any other language of assurance or disclaimer.
(9) "Financial statements" means a presentation of historical or prospective financial data, which may include accompanying notes, intended to communicate an entity’s economic resources or obligations at a point in time, or the changes therein for a period of time, in accordance with a comprehensive basis of accounting.
(10) "Firm" means a proprietorship, partnership, professional corporation, professional limited liability company, or any other form of professional organization permitted by Idaho law, registered under the requirements of section 54-214, Idaho Code.
(11) "Good character" means lack of a history of dishonest dealings or not having been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(12) "License" means that authorization issued by the board upon original approval and on an annual basis permitting a qualified person to practice as a certified public accountant or licensed public accountant in the state of Idaho.
(13) "Licensed public accountant" or "LPA" means any person who holds a valid, unrevoked and unsuspended license under the provisions of chapter 2, title 54, Idaho Code, designating said person as a licensed public accountant.
(14) "Licensee" means the holder of a current valid license.
(15) "Member" means a person who has been admitted to membership in a firm that is organized as a limited liability company.
(16) "PCAOB" means the public company accounting oversight board.
(17) "Peer review" means a board-approved study, appraisal or review of one (1) or more aspects of the professional work of a licensee or firm that performs attest services or issues compilation reports, by a person or persons licensed under this chapter or by another state and who are independent of the licensee or firm being reviewed.
(18) "Permit" means a permit to practice as a firm issued under corresponding provisions of the laws of other states.
(19) "Person" means any natural living person.
(20) "Professional services" means services arising out of or related to the specialized knowledge or skills associated with certified public accountants or licensed public accountants.
(21) "Report," when used with reference to financial statements, means an opinion or other form of language that states or implies assurance as to the reliability of any financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term "report" includes any form of language that disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance or special knowledge or competence.
(22) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Commonwealth of the Northern Mariana Islands and Guam; except that "this state" means the state of Idaho.
(23) "Substantial equivalency" or "substantially equivalent" means a determination by the board that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements for CPAs contained in this chapter or that an individual licensee’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements for CPAs contained in this chapter.
[54-206, added 1993, ch. 239, sec. 6, p. 829; am. 1995, ch. 134, sec. 2, p. 582; am. 2002, ch. 92, sec. 5, p. 237; am. 2003, ch. 14, sec. 1, p. 32; am. 2008, ch. 128, sec. 2, p. 352; am. 2017, ch. 259, sec. 1, p. 636; am. 2020, ch. 175, sec. 12, p. 516; am. 2022, ch. 246, sec. 2, p. 787.]
(1) Any person desiring a certificate and license shall make a written application for such certificate and license to the board, upon forms to be prescribed and furnished by the board. Such application shall be filed and shall be accompanied by such fee as may be required by rules of the board.
(2) In addition to meeting the qualifications provided elsewhere in this chapter, before a certificate and license may be issued, a person desiring to receive a certificate and license shall have satisfactorily completed one of the following educational pathways:
(a) A postbaccalaureate degree conferred by a college or university acceptable to the board, in an educational program that includes an accounting concentration or equivalent, as specified in subsection (3) of this section;
(b) A baccalaureate degree plus an additional thirty (30) semester credit hours, conferred by a college or university acceptable to the board, in an educational program that includes an accounting concentration or equivalent as specified in subsection (3) of this section; or
(c) A baccalaureate degree conferred by a college or university acceptable to the board, in an education program that includes an accounting concentration or equivalent as specified in subsection (3) of this section.
(3) An applicant’s education shall be deemed to meet the requirements of subsection (2) of this section if it meets one (1) of the following conditions:
(a) The applicant has earned a graduate degree with a concentration in accounting from a program that is accredited in accounting by an accrediting agency approved by the board;
(b) The applicant has earned a graduate degree from a program that is accredited in business by an accrediting agency approved by the board that includes completion of at least twenty-four (24) semester hours in accounting, excluding introductory courses, at the undergraduate level or fifteen (15) semester hours at the graduate level, or an equivalent combination thereof satisfactory to the board, including coverage of, but not necessarily separate courses in, the subjects of data analytics, financial accounting, auditing, taxation, and management accounting; or
(c) The applicant has earned a baccalaureate degree at an institution approved by the board or from a program that is accredited in business by an accrediting agency approved by the board, including completion of at least twenty-four (24) semester hours in business, other than accounting courses, and twenty-four (24) semester hours or an equivalent combination thereof satisfactory to the board in accounting, excluding introductory courses, that included coverage of, but not necessarily separate courses in, the subjects of data analytics, financial accounting, auditing, taxation, and management accounting.
(4) Satisfactory evidence in the form of an official transcript received directly from the school registrar indicating the credits and degree received shall be presented to the board to demonstrate successful completion of one (1) of the educational pathways identified in subsection (2) of this section.
[54-207, added 1974, ch. 263, sec. 2, p. 1686; am. 1994, ch. 49, sec. 3, p. 84; am. 2002, ch. 92, sec. 6, p. 240; am. 2026, ch. 48, sec. 2, p. 230.]
(1) An applicant for admission to examination as a certified public accountant shall:
(a) Be eighteen (18) years of age or older;
(b) Be of good character;
(c) Be approved by the board for admission to the examination; and
(d) Provide satisfactory evidence in the form of an official transcript received directly from the school registrar indicating satisfaction of at least one (1) of the educational requirements set forth in section 54-207, Idaho Code.
(2) The examination required to be passed as a condition to granting a certificate shall test the applicant’s knowledge of the subjects of accounting and auditing, and such other related subjects as the board may specify by rule, including, but not limited to, business law and taxation. The time for holding such examination shall be determined by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading and determining a passing grade required of an applicant for a certificate; provided however, that the board shall endeavor to assure that the examination itself, grading of the examination, and the passing grades, are uniform with those of other states. The board may make use of all or any part of the uniform certified public accountant examination and advisory grading service of the AICPA and may contract with third parties to perform such administrative services with respect to the examination as it deems appropriate to assist it in performing its duties hereunder.
(3) The board may charge, or provide for a third party administering the examination to charge, each applicant a fee, in an amount prescribed by the board by rule.
(4) None of the education requirements specified in this section shall apply to an applicant who is a licensed public accountant pursuant to this chapter.
[54-208, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 7, p. 901; am. 1993, ch. 239, sec. 7, p. 832; am. 2002, ch. 92, sec. 7, p. 241; am. 2008, ch. 128, sec. 3, p. 354.; am. 2022, ch. 246, sec. 3, p. 789; am. 2026, ch. 48, sec. 3, p. 231.]
(1) An applicant of good character who successfully passes the examination, with standards no less than those prescribed by the board’s rules for examination of candidates in Idaho, and who fulfills the requirements of section 54-207, Idaho Code, shall receive a license as a certified public accountant if the applicant has completed the applicable experience requirement as follows:
(a) An applicant for initial issuance of a certificate under section 54-207(2)(a) or (b), Idaho Code, shall show that the applicant has had one (1) year of experience as described in subsection (2) of this section.
(b) An applicant for initial issuance of a certificate under section 54-207(2)(c), Idaho Code, shall show that the applicant has had two (2) years of experience as described in subsection (2) of this section.
(2) The required experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, all of which have been performed under the supervision of and verified by an active licensee, meeting requirements prescribed by the board by rule. This experience may be gained through employment in government, industry, academia or public practice.
[54-209, added 1993, ch. 239, sec. 9, p. 833; am. 1994, ch. 49, sec. 4, p. 84; am. 2002, ch. 92, sec. 8, p. 242; am. 2008, ch. 128, sec. 4, p. 355; am. 2022, ch. 246, sec. 4, p. 789; am. 2026, ch. 48, sec. 4, p. 231.]
(1) A person whose certificate and license have been granted by another state, whose principal place of business is located in this state, shall obtain a license by reciprocity from the board before providing professional services in this state.
(2)(a) An applicant for certificate and license by reciprocity to practice as a certified public accountant in Idaho must:
(i) Be eighteen (18) years of age or older;
(ii) Be of good character;
(iii) Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and
(iv) Have completed the necessary experience, continuing professional education, and board approved ethics examination required for issuance of a license in Idaho and hold a current license in good standing in another licensing jurisdiction.
(b) The requirements of subsection (2)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience, continuing professional education and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application.
(3)(a) A person holding an inactive or retired certificate and license granted by another state, whose principal place of business is located in this state, may apply for an equivalent license by reciprocity from the board, provided the applicant must:
(i) Meet the requirements for an inactive license as set forth in section 54-211(1)(c), Idaho Code, or the requirements for a retired license as set forth in section 54-211(1)(d), Idaho Code;
(ii) Be of good character;
(iii) Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and
(iv) Have completed the necessary experience and board approved ethics examination required for issuance of a license in Idaho.
(b) The requirements of subsection (3)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application.
(4) An applicant for certificate and license to practice as a certified public accountant in Idaho by transfer of examination grades from another licensing jurisdiction must:
(a) Be eighteen (18) years of age or older;
(b) Be of good character;
(c) Have obtained the necessary education and have passed the uniform CPA examination with standards no less than those prescribed by the board’s rules for examination candidates in Idaho; and
(d) Possess experience qualifications as required under section 54-209, Idaho Code, and complete a board approved ethics examination required for issuance of a license in Idaho.
(5) The board shall issue a certificate and license to a holder of a substantially equivalent designation issued by a foreign country, provided that:
(a) The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate and license issued by this state to obtain such foreign authority’s comparable designation; and
(b) The designation:
(i) Was duly issued by an authority of a foreign country which regulates the practice of public accountancy and has not expired or been revoked or suspended;
(ii) Entitles the holder to issue reports upon financial statements; and
(iii) Was issued upon the basis of substantially equivalent educational, examination and experience requirements established by the foreign authority or by law; and
(c) The applicant:
(i) Received the designation, based on educational and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted;
(ii) Completed an experience requirement, substantially equivalent to the requirements set out in this chapter, in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state; or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application;
(iii) Passed a uniform qualifying examination in national standards acceptable to the board; and
(iv) Is of good character.
[54-210, added 1993, ch. 239, sec. 11, p. 834; am. 1994, ch. 49, sec. 5, p. 85; am. 2002, ch. 92, sec. 9, p. 243; am. 2003, ch. 14, sec. 2, p. 34; am. 2008, ch. 128, sec. 5, p. 355; am. 2022, ch. 246, sec. 5, p. 790.]
(1) The board shall issue initial certificates and licenses, and renewal and reinstatement licenses to practice as a certified public accountant, and renewal and reinstatement licenses to practice as a licensed public accountant to persons who have qualified therefor in accordance with the provisions of this chapter and the rules of the board. A certificate and license, once issued, shall continue in effect so long as the holder thereof complies with the provisions of this chapter and the rules and orders of the board.
(a) Initial. The board shall collect an initial license fee upon board approval of an initial license to practice as a certified public accountant in the state of Idaho as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those individuals meeting the requirements for initial licensure in Idaho, pursuant to the provisions of this chapter and the rules of the board, shall be issued a license effective for no more than twenty-four (24) months. The license shall then be subject to biennial renewal.
(b) Renewal. The board shall collect a license fee from all licensees as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those persons meeting the requirements of this subsection for license renewal shall be issued a license effective for a period of no more than twenty-four (24) months after its issuance. Requirements include:
(i) Good character;
(ii) Completion of continuing professional education as specified by the board’s rules;
(iii) Identification, in the renewal application, of the firm with which the licensee is affiliated; and
(iv) Where applicable, verification of satisfactory completion of a peer review program by the firm with which the licensee is affiliated, pursuant to section 54-214, Idaho Code, and the rules prescribed by the board. Any licensee who issues compilation reports for the public other than through a firm must undergo no more frequently than once every three (3) years, a peer review conducted in accordance with rules prescribed by the board, and such review shall include verification that such licensee has met the competency requirements set out in professional standards for such service.
(c) Inactive status. Any licensee in current compliance with the provisions of this chapter who chooses not to perform or offer to perform for the public one (1) or more kinds of attest or compilation services may apply to place his or her license in inactive status. The renewal fee for inactive status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with inactive status must place the word "inactive" adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears.
(d) Retired. After a person reaches the age of fifty-five (55) years, or in the event of a disability preventing continued practice, the certificate of a certified public accountant or licensed public accountant, upon application to the board by the holder, may be placed by the board in retired status. Retired status shall allow the holder to retain the wall certificate and remain on the board’s mailing list. The renewal fee for retired status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with retired status must place the word "retired" adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears. An individual who performs or offers to perform for the public attest or compilation services shall not qualify for retired status.
(e) Nonrenewal. A licensee may place the license into expired status as prescribed by the rules of the board rather than renew the license. Any license not renewed or placed into expired status within thirty (30) days after the expiration of the previous license shall be automatically placed into expired status.
(f) Reinstatement. Any certificate and license placed in expired status may be reinstated upon completion of an application supplied by the board along with payment of a reinstatement fee as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications of paragraph (b) of this subsection. Reinstatement following involuntary suspension shall be governed by the terms of the board’s order of involuntary suspension.
(g) Reentry. A license in inactive or retired status may reenter active status upon completion of an application supplied by the board along with payment of a reentry fee as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications set forth in paragraph (b) of this subsection.
(2) Applicants for initial issuance or reinstatement of licenses under this section shall in their application list all states in which they have applied for or hold a license and list any past disciplinary action against or denial, revocation or suspension of a certificate, license or permit.
(3) Applicants and licensees shall notify the board in writing, within thirty (30) days after its occurrence of:
(a) Any charges or convictions of, or guilty pleas to, a felony; or
(b) Any disciplinary action against or the denial, restriction, revocation or suspension of a certificate, license or permit by another state or by any federal agency.
[54-211, added 1993, ch. 239, sec. 13, p. 835; am. 2002, ch. 92, sec. 10, p. 244; am. 2003, ch. 14, sec. 3, p. 36; am. 2008, ch. 128, sec. 6, p. 357; am. 2022, ch. 246, sec. 6, p. 791; am. 2024, ch. 86, sec. 2, p. 388.]
The board, as prescribed by its rules, may charge an amount not to exceed:
(1) One thousand dollars ($1,000) for examination;
(2) Three hundred dollars ($300) for licensure application or license renewal;
(3) Twenty-five dollars ($25.00) for any certificate, original or replacement, to be issued pursuant to this section;
(4) Fifty dollars ($50.00) for administrative services, including but not limited to mailing lists and release of information to other boards for purposes of licensure;
(5) Two hundred dollars ($200) for retired or inactive status licenses;
(6) Five hundred dollars ($500) for license reinstatement;
(7) Three hundred dollars ($300) for late fees, including late filing of the annual license renewal;
(8) Three hundred dollars ($300) for late fees, including late filing of the continuing professional education report; and
(9) Four hundred dollars ($400) for firm registration.
[54-212, added 1993, ch. 239, sec. 14, p. 836; am. 1994, ch. 49, sec. 6, p. 86; am. 1995, ch. 134, sec. 3, p. 585; am. 2002, ch. 92, sec. 11, p. 246; am. 2008, ch. 128, sec. 7, p. 358; am. 2025, ch. 104, sec. 3, p. 552.]
Individuals who, on July 1, 2008, hold certified public accountant and licensed public accountant licenses heretofore issued under the laws of this state, shall, for all purposes, be considered licensees under this chapter and subject to the provisions thereof.
[(54-213) 54-212, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 16, p. 836; am. 2002, ch. 92, sec. 12, p. 246; am. 2008, ch. 128, sec. 8, p. 359.]
(1) The board shall register firms that make application and demonstrate their qualifications therefor in accordance with the following subsections of this section or to firms originally licensed in another state that establish an office in this state. A firm must be registered with the board in order to provide attest services or compilation reports or in order to use the titles "CPAs," "CPA firm," "LPAs" or "LPA firm." Firms must register with the board annually on such form and between such dates as the board may specify by rule. The board may charge a fee for each registration for initial issuance or renewal of a registration under this section as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board.
(2) An applicant for initial registration or renewal of a registration to practice under this section shall demonstrate that:
(a) Notwithstanding any other provision of law, a simple majority of the beneficial ownership of the firm belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid certificate and license issued by this state. Although a firm may include nonlicensee owners the firm and its ownership must comply with rules promulgated by the board.
(b) Any firm may include nonlicensee owners provided that:
(i) The firm designates a licensee of this state, who is responsible for the proper registration of the firm and identifies that individual to the board.
(ii) All nonlicensees are active individual participants in the firm or affiliated entities.
(iii) The firm complies with such other requirements as the board may impose by rule.
(c) Any licensee who is responsible for supervising attest services or compilation reports or who signs or authorizes someone to sign a report on financial statements on behalf of the firm, shall meet the competency requirements of the professional standards for such services.
(3) Firms registered to practice under this section shall be required to register each office of the firm within this state with the board and to show that all attest and compilation reports rendered in this state are under the charge of a person holding a valid certificate and license issued by this state or some other state.
(4) A firm registering under this section shall list all states in which it has applied for or holds permits as a firm and list any past denial, revocation or suspension of a permit by any other state. Each firm registered under this section shall notify the board in writing, within thirty (30) days following any change in the identities of partners, officers, shareholders or members whose principal place of business is in this state, any change in the number or location of offices within this state, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation or suspension of a permit by any other state.
(5) Firms which fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after registration, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board may result in penalties as prescribed by board rule.
(6) As a condition of registration renewal under this section, the board, by rule, shall require firms to comply with peer review requirements as specified by rule. Such review shall include a verification that individuals in the firm who are responsible for supervising attest and compilation reports and who sign or authorize someone to sign a report on financial statements on the behalf of the firm meet the competency requirements set out in the professional standards for such services. The rules concerning peer review shall require:
(a) Peer reviews to be subject to oversight by an oversight body established by board rule which will periodically report to the board on the effectiveness of the review program under its charge, and provide to the board a listing of firms that have participated in a peer review program that is satisfactory to the board; and
(b) The confidentiality of client records involved in the peer review process shall be preserved in accordance with the accountancy rules.
[54-214, added 1993, ch. 239, sec. 17, p. 837; am. 2002, ch. 92, sec. 13, p. 247; am. 2003, ch. 14, sec. 4, p. 38; am. 2008, ch. 128, sec. 9, p. 359.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-217, added 2021, ch. 224, sec. 32, p. 671.]
(1) A licensee may accept a commission or referral fee unless prohibited by this section.
(a) A licensee shall not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the licensee or the licensee’s firm also performs for that client:
(i) An attest service; or
(ii) A compilation when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.
(b) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose in writing that fact to any person or entity to whom the licensee recommends or refers a product or service to which the commission relates.
(c) Any licensee who accepts a referral fee for recommending or referring any service of a licensee to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client in writing.
(2) A licensee may accept a contingent fee which is disclosed to the client in writing unless prohibited by this section.
(a) A licensee shall not perform for a contingent fee any professional service for, or receive such a fee from, a client for whom the licensee or the licensee’s firm performs:
(i) An attest service; or
(ii) A compilation, when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.
(b) A licensee shall not prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client.
(c) Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this section, fees shall not be regarded as contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee’s fees may vary depending, for example, on the complexity of services rendered.
(3) The prohibitions contained in this section shall apply during the period in which the licensee is engaged to perform any of the services listed herein and the period covered by any historical financial statements involved in any such listed services.
[54-218, added 1993, ch. 239, sec. 22, p. 839; am. 2002, ch. 92, sec. 15, p. 249.]
(1) After notice and opportunity for hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for cause shown, the board may revoke, suspend, refuse to renew, administratively penalize, reprimand, restrict or place on probation the holder of a certificate or license, or refuse to issue any certificate or any license to an applicant, for any one (1) of the following causes:
(a) Any false statement with the intent to mislead or deceive the board or its members in connection with any application; or, cheating or any attempt to cheat in an examination.
(b) Fraud or deceit in obtaining or renewing a certificate or license to practice as a certified public accountant or licensed public accountant under the provisions of this chapter.
(c) Dishonesty, fraud or gross negligence in the performance of professional services as a licensee or individual granted privileges under section 54-227, Idaho Code, or in the filing of or failure to file his own income tax returns.
(d) Violation of any provision of this chapter, or any rule adopted by the board under authority granted by this chapter, or an order of the board directed specifically to the licensee.
(e) Conviction of or a guilty plea to a crime under the laws of any state or country that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(f) Conviction of or a guilty plea to any crime, an element of which is dishonesty or fraud, under the laws of any state or country, notwithstanding the form of the judgment or withheld judgment.
(g) Representing oneself as a certified public accountant or licensed public accountant during any period in which the license of the person so practicing has been suspended or revoked by the board.
(h) Cancellation, revocation, suspension or refusal to renew or grant a license or privileges under section 54-227, Idaho Code, for disciplinary reasons by any other state for any cause.
(i) Practicing as a certified public accountant or licensed public accountant under a false or assumed name; provided, however, this paragraph shall have no application to practicing as a certified public accountant or licensed public accountant under the name of a firm, when such style or name is in conformity with a type or form approved by the rules of the board.
(j) Habitual use of drugs or intoxicants to such a degree as to render the licensee unreliable and unfit to practice as a certified public accountant or licensed public accountant.
(k) Suspension or revocation of the right to practice before any agency of the United States government or of the state of Idaho, for any cause other than failure to pay a registration or similar fee.
(l) Having been declared mentally incompetent by a court of competent jurisdiction; provided, however, that when a person’s license shall have been revoked or suspended for this cause, such license shall be reinstated by the board when said disability is judicially removed.
(m) Representing oneself as qualified or authorized to practice as a certified public accountant or licensed public accountant in this state without holding a current, valid, unrevoked and unsuspended certificate and license or privileges under section 54-227, Idaho Code.
(n) Performance of any fraudulent act while holding a certificate, license, permit or privileges under this chapter.
(o) Any conduct reflecting adversely upon the licensee’s fitness to perform services while a licensee, or individual granted privileges under section 54-227, Idaho Code.
(2) The expenses, including attorney’s fees, incurred by the board for any or all proceedings initiated against a person for violation of any of the provisions of this chapter may be charged against such person by the board, upon the finding of a violation of this chapter, in addition to any administrative penalties which may be levied by the board against such person. Administrative penalties levied by the board shall not exceed two thousand five hundred dollars ($2,500) per violation.
(3) In lieu of or in addition to any remedy specifically provided, the board may require of a licensee or a firm:
(a) A peer review conducted in such fashion as the board may specify;
(b) Preissuance review;
(c) Satisfactory completion of such continuing professional education programs or examinations as the board may specify; and
(d) Other similar remedies.
(4) In any action brought under the provisions of this chapter, evidence of the commission of a single act prohibited in this chapter shall be sufficient to justify a suspension, revocation, fine, administrative penalty, restriction, reprimand, injunction, restraining order, conviction or any other remedy authorized in this chapter. Evidence of a general course of conduct shall not be required.
[(54-219) 54-217, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 14, p. 905; am. and redesig. 1993, ch. 239, sec. 23, p. 840; am. 1994, ch. 49, sec. 7, p. 86; am. 2002, ch. 92, sec. 16, p. 250; am. 2003, ch. 14, sec. 5, p. 39; am. 2017, ch. 259, sec. 2, p. 638; am. 2020, ch. 175, sec. 13, p. 517.]
(1) No person shall assume or use the title or designation "certified public accountant" or "licensed public accountant" or any other title, designation, words, letters, abbreviations, sign, card or device tending to indicate that such person is a certified public accountant or licensed public accountant unless such person holds a license or is granted privileges as a certified public accountant or licensed public accountant pursuant to chapter 2, title 54, Idaho Code.
(2) No person or firm not licensed, granted privileges or registered pursuant to this chapter shall assume or use the title or designation "certified accountant," "chartered accountant," "public accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant," or other titles or designation likely to be confused with the titles "certified public accountant" or "licensed public accountant" or use any of the abbreviations "CA," "LA," "LPA," "CPA," "RA," "AA," or similar abbreviation likely to be confused with the abbreviations "CPA" or "LPA." The title "enrolled agent" or "EA" may only be used by individuals so designated by the internal revenue service. Notwithstanding the provisions of this section, the board may adopt rules authorizing and limiting the use of specific titles and designations granted by recognized professional societies or associations.
(3) No person, proprietorship, partnership or corporation not licensed or registered pursuant to this chapter shall assume or use any title or designation that includes the words "accountant," "auditor" or "accounting" in connection with any other language, including the language of a report, that implies that such person, proprietorship, partnership or corporation is so licensed or registered or has special competence as an accountant or auditor; provided however, that this subsection does not prohibit any officer, partner, member or employee of any organization from affixing his signature to any statement in reference to the financial affairs of such organization with any wording designating the position, title or office that he holds therein nor prohibit any act of a public official or employee in the performance of his duties as such.
(4) No business entity shall provide attest services or compilation reports or assume or use the title "certified public accountants" or "licensed public accountants" or the abbreviation "CPAs," "LPAs" or any other title, designation, words, letters, abbreviations, sign, card or device tending to indicate that such business entity is a firm unless: (a) the business entity is a firm registered pursuant to this chapter, and (b) ownership of the firm is in accord with this chapter and rules promulgated by the board.
[54-220, added 1993, ch. 239, sec. 24, p. 841; am. 2002, ch. 92, sec. 17, p. 252; am. 2003, ch. 14, sec. 6, p. 41.]
(1) Only licensees shall issue a report on the financial statements of any other person, firm, organization or governmental unit or offer to render or render any attest or compilation service, as defined herein. This prohibition does not apply to any officer, partner, employee or member of any organization affixing their signature to any statement or report in reference to the financial affairs of such firm or organization with any wording designating the position, title or office that they hold therein; nor prohibit any act of a public official or employee in the performance of their duties as such; nor prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management, financial advisory or consulting services, and the preparation of financial statements without the issuance of reports, as defined in section 54-206, Idaho Code.
(2) The prohibition contained in subsection (1) of this section is applicable to issuance, by a person or firm not holding a valid license, of a report using any form of language conventionally used by licensees respecting a review of financial statements or respecting a compilation of financial statements.
(3) No licensee or individual granted privileges under section 54-227, Idaho Code, shall perform attest services through any form of business that is not registered under the provisions of section 54-214, Idaho Code, or an equivalent provision of the laws of another state.
(4) No licensee shall issue a compilation report through any form of business that is not registered under the provisions of section 54-214, Idaho Code, unless the report discloses the name of the business through which the individual is issuing the report, and the individual:
(a) Signs the compilation report identifying the individual as a CPA or LPA;
(b) Meets the competency requirements provided in this chapter and by board rule; and
(c) Undergoes no less frequently than once every three (3) years, a peer review conducted in such manner as the board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services.
(5) A licensee or firm that does not issue reports may issue financial statements without reports only if the financial statements include the disclaimer language of section 54-226(3), Idaho Code.
[54-221, added 1993, ch. 239, sec. 26, p. 842; am. 2002, ch. 92, sec. 18, p. 253.]
Any violation of any of the provisions of this chapter shall constitute a misdemeanor, and any person, corporation, partnership, proprietorship, member, firm or association of any kind or nature convicted thereof may be punished by a fine not to exceed seven hundred fifty dollars ($750), or six (6) months imprisonment, or both.
[(54-222) I.C., sec. 54-219, as added by 1974, ch. 263, sec. 2, p. 1686; am. 1986, ch. 128, sec. 4, p. 335; am. and redesig. 1993, ch. 239, sec. 27, p. 843.]
Whenever any person, corporation, partnership, proprietorship, firm or association of any kind or nature violates any of the provisions of this chapter, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership, proprietorship, firm or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada County. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, on request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts be established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for his contempt of court.
[(54-223) I.C., sec. 54-220, as added by 1974, ch. 263, sec. 2, p. 1686; am. 1986, ch. 128, sec. 5, p. 335; am. and redesig. 1993, ch. 239, sec. 28, p. 843.]
Any person whose certificate or license shall be revoked or suspended or who is otherwise aggrieved by any final action of the board taken pursuant to section 54-219, Idaho Code, shall have the right to judicial review of such action in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.
[(54-224) I.C., sec. 54-222, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 29, p. 844.]
It shall be the duty of the prosecuting attorney in each county to prosecute violations of this chapter occurring within the county. The attorney general shall act as legal adviser to the board; provided, however, the board may retain private counsel to represent the board.
[(54-225) I.C., sec. 54-223, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 30, p. 844.]
(1) This chapter shall not be construed to prevent any person from rendering tax services, management advisory or consulting services, or from preparing financial statements without the expression of an opinion or an assurance.
(2) This chapter shall not be construed to prevent any person from stating that he has prepared, assembled or drafted a financial statement, provided he does not use any additional language which comprises an assurance.
(3) The prohibitions of section 54-221, Idaho Code, and the other provisions of this chapter shall not be construed to preclude the use of the following language by any person: "I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them."
[54-226, added 1993, ch. 239, sec. 34, p. 845; am. 2003, ch. 14, sec. 7, p. 42.]
(1) An individual whose principal place of business is not in the state of Idaho and who holds a valid active license in good standing as a certified public accountant from any other state shall have all the practice privileges of licensees of this state without the need to obtain a license under this chapter, provided that such individual meets the minimum educational and experience requirements set forth in sections 54-207 and 54-209, Idaho Code.
(2) Notwithstanding any other provision of law, an individual identified in subsection (1) of this section who offers or renders professional services, whether in person, by mail, telephone, or electronic means, or in any other way, by this section is granted practice privileges in this state, and no notice or other submission shall be required of any such individual.
(3) An individual licensed in another state who exercises the practice privilege afforded under this section and the firm that employs that licensee are deemed to simultaneously consent, as a condition of the grant of this privilege:
(a) To the personal and subject matter jurisdiction and disciplinary authority of the board;
(b) To comply with the provisions of this chapter and applicable board rules;
(c) That in the event the license from the state of the individual’s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this state individually and on behalf of a firm; and
(d) To the appointment of the state board that issued the individual’s license as the agent upon whom process may be served in any action or proceeding by the Idaho board against the licensee.
(4) An individual whose principal place of business is not in this state and who, as of December 31, 2024, held and continues to hold a valid active license as a certified public accountant from any state and has practice privileges in this state pursuant to section 54-227, Idaho Code, as that section existed on December 31, 2024, shall continue to have all the privileges of a licensee in this state without the need to obtain a license under sections 54-207 and 54-209, Idaho Code.
[54-227, added 2026, ch. 48, sec. 6, p. 232.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
[54-228, added 2002, ch. 92, sec. 20, p. 254.]
This chapter shall be known and may be cited as the "Idaho Architecture Practice Act."
[54-301, added 2018, ch. 129, sec. 2, p. 270.]
The practice of architecture in the state of Idaho is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest to protect the public from the unprofessional, improper, unauthorized and unqualified practice of architecture and from unprofessional conduct by persons licensed to practice architecture. This act should be liberally construed to carry out these objectives and purposes.
[54-302, added 2018, ch. 129, sec. 2, p. 270.]
As used in this chapter:
(1) "Architect" means a person who engages in the practice of architecture as defined in this section and is licensed under the provisions of this chapter.
(2) "Architectural intern" means a person enrolled in a national council of architectural registration boards architectural experience program and who, in fulfillment of the requirements of that program, is working under the direct supervision of an architect licensed under this chapter.
(3) "Board" means the board of architects and landscape architects.
(4) "Building" means an enclosure, including related improvements, that has as its principal purpose the adaptation of space for occupancy or habitation by human beings.
(5) "Practice of architecture" means rendering or offering those services described in this subsection in connection with the design, construction, enlargement or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; submitting a response to any request for qualification, request for proposal, or other solicitation for services within the state; providing preliminary studies; architectural designs, drawings and specifications; technical submissions; and administration of construction contracts.
(6) "Prototypical building" means any commercial building or space within a commercial building that is intended to be constructed in multiple locations, that has been constructed in multiple locations and that conveys an owner’s intended uniform business program, plan or image.
(7) "Prototypical building documents" means technical submissions for prototypical buildings that:
(a) Are prepared by or under the responsible control of an architect licensed in any jurisdiction and holding the certification issued by the national council of architectural registration boards;
(b) Identify the architect, together with the architect’s license number and jurisdiction or the architect’s license and national council of architectural registration boards certification number; and
(c) Are marked "prototypical design documents not for construction." Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for local conditions, including site conditions, and may require additional design.
(8) "Responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.
(9) "Technical submissions" involving the practice of architecture consist of designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
[54-303, added 2018, ch. 129, sec. 2, p. 270; am. 2022, ch. 42, sec. 1, p. 105; am. 2024, ch. 35, sec. 1, p. 236.]
(1) Every licensed architect shall have a seal, the impression of which must contain the name and Idaho architect license number of the architect and the words "licensed architect" and "state of Idaho," with which he shall seal all technical submissions issued from his office.
(2) The seal, signature and date may be manually or electronically applied. Whenever the seal is applied to a technical submission, the signature of the architect and the date thereof shall be written adjacent to or across the seal. The signature, date and seal shall appear on all technical submissions prepared by the architect or that meet the requirements set forth in subsection (4) of this section. Only the title page of reports, specifications and like documents must bear the date and the seal and signature of the architect. It is the responsibility of the architect sealing the document to provide adequate security when documents with electronic seals are distributed. Electronically produced documents distributed for informational uses, such as for bidding purposes or as working copies, may be issued with only the architect’s seal if:
(a) The copy includes a notice that the original document is on file with the date and architect’s signature;
(b) The words "original signed by" and "date original signed" are placed adjacent to or across the seal on the electronic document; and
(c) The storage location of the original document is identified.
The design and use of the seal shall be as required by board rule.
(3) Technical submissions involving the practice of architecture that are submitted to any public or governmental agency for the purpose of obtaining a building permit that are not clearly identified by the affixed seal of the architect and the signature of the architect and date thereof shall be deemed unacceptable submissions for the purpose of obtaining a building permit.
(4) An architect may sign and seal technical submissions only if the technical submissions were:
(a) Prepared by the architect;
(b) Prepared by persons under the architect’s responsible control;
(c) Prepared by another architect licensed in Idaho if the signing and sealing architect has reviewed the other architect’s work and either has coordinated the preparation of the work or has integrated the work into his own technical submissions; or
(d) Prepared by another architect licensed in any state and holding the certification issued by the national council of architectural registration boards if:
(i) The signing and sealing architect has reviewed the other architect’s work and has integrated the work into his own technical submissions; and
(ii) The other architect’s technical submissions are prototypical building documents.
(5) An architect may sign and seal drawings, specifications or other work that is not required to be prepared by an architect if the architect has reviewed the work and has integrated it into his own technical submissions.
(6) Any licensed architect signing or sealing technical submissions not prepared by that architect but prepared under the architect’s responsible control by persons not regularly employed in the office where the architect is resident shall maintain and make available to the board upon request, for at least five (5) years following the signing and sealing, adequate and complete records demonstrating the nature and extent of the architect’s control over and detailed knowledge of the technical submissions throughout their preparation. Any licensed architect signing or sealing technical submissions integrating the work of another architect into the registered architect’s own work, as permitted under subsection (4)(c) or (d) of this section, shall maintain adequate and complete records demonstrating the nature and extent of the registered architect’s review of and integration of the work of the other architect into his own technical submissions and that such review and integration met the required professional standard of care. Such records shall be maintained and made available to the board, upon request, for at least five (5) years following the signing and sealing of the technical submissions.
[54-304, added 2018, ch. 129, sec. 2, p. 271.]
(1) Every person practicing or offering to practice architecture as defined in this chapter and not otherwise exempted shall have a separate license under his own name. A license shall not be issued in the name of any firm or corporation. No firm or corporation shall offer to practice architecture within Idaho unless such offer specifically identifies an individual architect licensed under the provisions of this chapter who will supervise the architectural services identified in such offer.
(2) The holder of a license shall not maintain in the practice of architecture any person who does not hold a license to practice architecture in this state, unless the unlicensed person works under the responsible control of his licensed supervisor.
[54-305, added 2018, ch. 129, sec. 2, p. 272; am. 2024, ch. 35, sec. 2, p. 237.]
Nothing contained in this chapter shall be held or construed to have any application to, or to prevent or affect, the following:
(1) The practice of engineering or any other profession or trade for which a license is required under any law of this state, or the practice of consultants, officers and employees of the United States while engaged solely in the practice of architecture for said government.
(2) Draftsmen, students, clerks of work, project representatives and others working under the supervision of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control or supervision of their supervisors, or to prevent the employment of clerks of work or inspectors of buildings paid by the owners from acting, if under the control or direction of a licensed architect who has prepared the drawings and specifications for the building.
(3) The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building, where the building is to be or is used as a single or multiple family residence not exceeding three (3) units or three (3) stories in height; or as a farm building; or for the purpose of outbuildings or auxiliary buildings in connection with the residential or farm premises.
(4) The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building that does not involve the public health or safety.
(5) The preparation of shop drawings by persons other than architects for use in connection with the execution of their work; or the preparation of drawings of fixtures or other appliances or equipment, or for any work necessary to provide for their installation.
(6) Expert consultation rendered to an architect by a consultant, whether licensed or not, employed by the architect to consult, advise and assist as long as the architect approves, adopts and is responsible for the results of the consultation, advice and assistance.
(7) An intern working under the supervision of a licensed architect, including the use of the title "architectural intern," as may be established and limited by board rule.
(8) A certified interior designer signing and sealing a technical submission covering the scope of certified interior design. Certified interior designers shall have the authority to submit such a technical submission to a state or local governmental entity for the purpose of obtaining any requisite permit for an interior alteration or construction project. A local government shall process such filings in the same manner as it would if such filings were submitted by an architect.
(a) Certified interior designers shall not be engaged in the construction of:
(i) Services that constitute the practice of professional engineering or architecture, except as otherwise provided in this chapter;
(ii) Modifications or additions to a building envelope, including exterior walls, exterior wall claddings, exterior wall openings, exterior windows and doors, balconies and similar projections, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in buildings and structures;
(iii) Changes of building use to occupancies not already allowed by the current building or structure or changes of building use to occupancies of a greater hazard;
(iv) Modifications or additions to the construction classification of a building or structure according to the international building code;
(v) Modifications or additions to the structural system of a building, including changing the building’s dead load on the structural system;
(vi) Material changes to the mechanical, plumbing, heating, air conditioning, ventilation, electrical, low voltage, elevators and conveying, fire protection, or fire alarm systems;
(vii) Design of or modifications to an exit stair or exit discharge portion of a means of egress system; or
(viii) Construction that materially affects life safety systems pertaining to fire safety of structural elements or the fire protection of structural elements, smoke evacuation and compartmentalization systems, or fire-rated vertical shafts in multi-story structures.
(b) A certified interior designer shall, as a condition of filing technical submissions for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer’s professional liability insurance coverage that is in force.
(c) As used in this subsection, "certified interior designer" means a person who:
(i) Holds an active certified interior designer certification from the board. Such certification shall require that the interior designer:
Has met the education and experience requirements of, and has subsequently passed, the qualification examination promulgated by the council for interior design qualification or its successor organization; and
Maintains active certification with the council for interior design qualification or its successor organization; and
(ii) Engages in:
Consultation, study, design analysis, drawing, space planning, and specification for nonstructural or nonseismic interior construction and alteration projects in compliance with applicable building design and construction accessibility, fire, life safety, and energy codes, standards, regulations, and guidelines;
Preparing and submitting technical submissions for the purpose of obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;
Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings;
Administration of design construction and contract documents, as the clients’ agent, relating to the functions described in this subparagraph, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; or
Creation or alteration of paths of egress.
(d) As used in this subsection, "nonstructural or nonseismic" means interior elements or components that are not load-bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.
(e) The board is authorized to promulgate rules, subject to legislative approval, only for the administration of the interior design certification provided pursuant to this subsection. Nothing in this subsection authorizes the board to promulgate rules relating to licensure.
(f) The interior design certification provided for pursuant to this subsection shall not be required for interior designers who do not engage in the practice of signing, sealing, and submitting technical submissions as described in this subsection.
[54-306, added 2018, ch. 129, sec. 2, p. 272; am. 2026, ch. 219, sec. 1, p. 915.]
(1) There is hereby created in the division of occupational and professional licenses a board of architects and landscape architects.
(2) The board shall consist of seven (7) members, four (4) of whom shall be licensed architects, two (2) of whom shall be licensed landscape architects, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of architectural services.
(3) The regular term of office of a member shall begin as of the first Monday immediately following the date of his appointment and shall continue for five (5) years thereafter and until his successor shall have been appointed and accepted his appointment. A member appointed to fill a vacancy occasioned otherwise than by expiration of a term shall serve the unexpired term of his predecessor. No members shall be appointed for a period exceeding two (2) consecutive terms. Any member who has served two (2) consecutive terms may be reappointed after a lapse of five (5) years from the termination date of his last term.
(4) Board members shall be appointed by the governor and shall serve at the pleasure of the governor.
(5) In the event of death, resignation, incapacity, disqualification or removal, a vacancy in membership shall be declared by the board and filled for the unexpired portion of the term in the same manner as the original appointment.
(6) The board shall, at least annually, hold a meeting and elect a chairman. The board may hold additional meetings at the call of the chairman or at the request of any two (2) members of the board.
(7) A majority of the members of the board shall constitute a quorum.
(8) Members of the board shall receive an honorarium and be reimbursed for expenses as provided in section 59-509(p), Idaho Code.
[54-307, added 2018, ch. 129, sec. 2, p. 273; am. 2021, ch. 222, sec. 4, p. 624; am. 2022, ch. 42, sec. 2, p. 106.]
The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers:
(1) To adopt, pursuant to the administrative procedure act, such rules as are necessary for the administration and enforcement of this chapter, including a code of ethics and standards of practice;
(2) To maintain records necessary to carry out its duties under this chapter;
(3) To adopt rules setting the qualifications and fitness of applicants for licensure under this chapter;
(4) To approve continuing education courses and prescribe by rule the minimum number of continuing education hours required of each licensee seeking to obtain or renew an architect’s license in the state of Idaho;
(5) To establish a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review; and
(6) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of architecture.
[54-308, added 2018, ch. 129, sec. 2, p. 273; am. 2021, ch. 224, sec. 33, p. 671; am. 2022, ch. 94, sec. 7, p. 286; am. 2026, ch. 221, sec. 2, p. 929.]
(1) An applicant shall be eligible to be licensed as an architect if the applicant:
(a) Passes all examination divisions of the architectural registration examination (ARE) or an examination that is approved by the board; and
(b) Has completed an architectural experience program deemed satisfactory to the board indicating that the applicant is competent to practice architecture.
(2) A person is eligible to take the ARE if that person:
(a) Holds a professional degree in architecture from a program that is accredited by the national architectural accrediting board or that is approved by the board; and
(b) Has started or completed an architectural experience program deemed satisfactory to the board.
(3) In lieu of holding a professional degree in architecture as required by subsection (2)(a) of this section, an applicant may provide to the board satisfactory evidence of knowledge and skill approximating that attained through graduation from an approved architectural curriculum by showing a specific record of eight (8) or more years of experience in architectural work of a character deemed satisfactory to the board. This experience may also include that necessary to satisfy the architectural work experience program requirements of subsections (1)(b) and (2)(b) of this section.
[54-309, added 2018, ch. 129, sec. 2, p. 274.]
(1) The board may grant a license to any person who, at the time of application, holds a valid and current license in good standing as an architect issued by the authorized regulatory entity of another state, territory or jurisdiction of the United States, provided that the requirements for licensure are substantially equivalent to the requirements for licensure under this chapter, and upon payment of a fee set in rule by the board.
(2) The board may grant a license pursuant to the terms of a mutual recognition agreement for reciprocal licensure entered into between the board and another state, territory, jurisdiction, or country.
[54-310, added 2018, ch. 129, sec. 2, p. 275; am. 2022, ch. 44, sec. 1, p. 123.]
(1) The board may grant a temporary license to any person who, for the purpose of offering to render architectural services and for that purpose only, has submitted to the board a complete application for an architect’s license under this chapter and who, at the time of application, holds a valid and current license in good standing as an architect issued by the authorized regulatory entity of another state, territory or jurisdiction of the United States.
(2) A temporary license is valid for six (6) months from the date it is issued. A temporary license is nonrenewable and shall expire automatically upon issuance of a full initial license.
[54-311, added 2018, ch. 129, sec. 2, p. 275.]
All licenses issued under the provisions of this chapter, except for temporary licenses, shall be for a term of twenty-four (24) months and shall expire on the birthday of the licensee unless renewed in the manner prescribed by rule. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-312, added 2018, ch. 129, sec. 2, p. 275; am. 2024, ch. 86, sec. 3, p. 390.]
(1) The board shall establish by rule the following fees for licensure under the provisions of this chapter:
(a) An application fee;
(b) A license fee;
(c) An endorsement license fee;
(d) A temporary license fee;
(e) An annual renewal fee; and
(f) A reinstatement fee as provided in section 67-2614, Idaho Code.
(2) All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund. All costs and expenses incurred by the board for the administration of this chapter shall be a charge against and paid from the fund, and the funds collected hereunder shall be immediately available for such purposes, the provisions of any other law notwithstanding.
[54-313, added 2018, ch. 129, sec. 2, p. 275; am. 2021, ch. 224, sec. 34, p. 672.]
(1) The board shall have the authority to sanction any license issued pursuant to the provisions of this chapter for any of the following:
(a) Fraud or deception in applying for, procuring or renewing a license under this chapter;
(b) Fraud or deceit in the practice of architecture or in procuring any contract in the practice of architecture;
(c) Incompetence or gross negligence or recklessness in the practice of architecture;
(d) A conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state, territory, country or jurisdiction for a felony or a misdemeanor, which misdemeanor involved a violation of the provisions of this chapter, a willful violation of state or local building codes, or a violation of other laws relating to the public health and safety and was committed in the course of practicing architecture;
(e) Affixing his signature to, or impressing his seal on, any plans, drawings, specifications or other instruments of service that have not been prepared by him or under his responsible control or permitting his name to be used for the purpose of assisting any person who is not a licensed architect to evade the provisions of this chapter;
(f) Receiving rebates, commissions, grants of money or other favors in connection with the work without the knowledge of the party for whom he is working or having a pecuniary interest in the performance of the contract for the work designed, planned or supervised by him without the knowledge and consent of the owner;
(g) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board;
(h) Practicing architecture or representing oneself as a licensed architect when unlicensed in violation of licensing laws of the jurisdiction in which the conduct took place;
(i) Having had any professional or occupational license revoked, suspended or otherwise disciplined in Idaho or any other state, territory, country or jurisdiction;
(j) Failing to maintain the requirements for a license, including not fulfilling the continuing education requirement for license renewal established by the board in rule;
(k) Failing to comply with a board order; or
(l) Violating any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.
(2) Sanctions that the board may impose include one (1) or more of the following:
(a) Refusal to grant or renew a license;
(b) Revocation of a license;
(c) Suspension of a license for a period not to exceed two (2) years;
(d) Restriction of a license to prohibit the offender from performing certain acts or from engaging in the practice of architecture in a particular manner for a period not to exceed two (2) years;
(e) Placement of the offender on probation and supervision by the board for a period not to exceed two (2) years; and
(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) per violation.
(3) The procedures for disciplinary proceedings shall be in compliance with the Idaho administrative procedure act, the Idaho rules of administrative procedure, and the division of occupational and professional licenses.
(4) Any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation or partnership from persisting in the doing of any acts constituting a violation of this chapter. Such action shall be brought in the district court of the county in which said act or acts or some of them are claimed to have been or are being committed by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from the complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the case. The case shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant is established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing said or similar acts.
[54-314, added 2018, ch. 129, sec. 2, p. 276; am. 2022, ch. 94, sec. 8, p. 287; am. 2025, ch. 151, sec. 2, p. 738; am. 2026, ch. 221, sec. 81, p. 965.]
(1) The following acts shall be unlawful and punishable as a misdemeanor:
(a) Practicing or offering to engage in the practice of architecture, as defined in this chapter, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this chapter;
(b) Aiding and abetting the unlicensed practice of architecture in this state; and
(c) Representing oneself to be an architect or implying that he is an architect, as defined in this chapter, through the use of the word architect, architecture, architectural or similar terms, without having at the time of so doing a valid architect’s license issued under this chapter.
(2) The provisions of this section do not apply to:
(a) Persons who use the term "landscape architect"; or
(b) Persons previously licensed as an architect in good standing in this or in any other state, territory, country or jurisdiction whose license has lapsed based upon retirement, for the purpose of identifying the person’s profession but not for the purpose of practicing architecture.
[54-315, added 2018, ch. 129, sec. 2, p. 277.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining provisions of this chapter.
[54-316, added 2018, ch. 129, sec. 2, p. 277.]
There is hereby created and established the state athletic commission in the division of occupational and professional licenses. The state athletic commission shall be administered by the state athletic commissioner who shall be appointed by the governor subject to confirmation by the senate and shall be subject to removal at the pleasure of the governor. The state athletic commissioner shall be appointed for a term of four (4) years and shall receive an honorarium not to exceed that provided in section 59-509(p), Idaho Code.
[54-401, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 2, p. 1148; am. 2007, ch. 149, sec. 1, p. 444; am. 2021, ch. 222, sec. 5, p. 624.]
(1) The terms used in this chapter have the following meanings:
(a) "Amateur combatant" means an individual who has never been a professional combatant, as defined in this chapter, as well as an individual who has never received nor competed for any purse or other article of value, either for participating in or being associated in any way with any contest or exhibition of unarmed combat or for the expenses of training therefor, other than a noncash prize which does not exceed fifty dollars ($50.00) in value.
(b) "Applicant" means any individual, club, association, corporation, partnership, trust or other business entity which submits an application to the commission for a license or permit pursuant to this chapter.
(c) "Booking agent" means persons who act as bookers, agents, agencies and representatives who secure engagements and contracts for combatants.
(d) "Boxing" means the pugilistic act of attack and defense with the fists, practiced as a sport. The term includes all variations of the sport permitting or using other parts of the human body to deliver blows upon an opponent including, but not limited to, the foot, knee, leg, elbow or head. "Boxing" includes, but is not limited to, kickboxing and martial arts but does not include professional wrestling.
(e) "Broadcast" means any audio or visual transmission sent by any means of signal within, into or from this state, whether live or taped or time delayed, and includes any replays thereof.
(f) "Closed-circuit telecast" means any telecast of contests or exhibitions which is not intended to be available for viewing without the payment of a fee, collected or based upon each telecast viewed, or for the privilege of viewing the telecast.
(g) "Club" means an incorporated or unincorporated association or body of individuals voluntarily united and acting together for some common or special purpose.
(h) "College" and "university" mean:
(i) An educational institution of higher learning that typically grants associate’s, bachelor’s, master’s or doctorate degrees;
(ii) A division or school of a university; and
(iii) As used in this chapter, also includes educational institutions known as community colleges and career technical schools.
(i) "Combatant" means an individual who takes part as a competitor in a contest or exhibition.
(j) "Commission" means the state athletic commission.
(k) "Commissioner" means the state athletic commissioner.
(l) "Contest" means a boxing match in which the participants strive earnestly in good faith to win.
(m) "Corner person" means, but shall not be limited to, a trainer, a second or any other individual who attends the combatant during a match.
(n) "Division" means the division of occupational and professional licenses.
(o) "Exhibition" means an engagement in which the participants show or display their skill without necessarily striving to win, such as a wrestling match between professional wrestlers or a boxing match where boxers are sparring.
(p) "Judge" means an individual other than a referee who shall have a vote in determining the winner of any contest.
(q) "Kickboxing" means any form of competitive pugilistic contest or exhibition in which blows are delivered with the hand and any part of the foot.
(r) "License" means a certificate issued to a person by the commission that is required for the person to conduct, participate in or otherwise be associated with sanctioned contests or exhibitions.
(s) "Licensee" means a person who has been issued a license by the commission.
(t) "Manager" means a person who controls or administers the affairs of any professional combatant. The term "manager" includes a person acting as a booking agent or a person acting as the representative of a manager.
(u) "Martial arts" means any form of karate, kung fu, tae kwon do, sumo, judo or any other system or form of combat or self-defense art.
(v) "Matchmaker" means a person who brings together or induces combatants to participate in contests or exhibitions or a person who arranges contests or exhibitions.
(w) "Participant" means any person who is required by this chapter to be licensed by the commission in connection with taking part in or being associated with a contest or exhibition.
(x) "Person" means any individual, partnership, limited liability company, club, association, corporation, organization, secondary school, college, university, trust or other legal entity.
(y) "Physician" means an individual licensed under the laws of this state to engage in the general practice of medicine or osteopathic medicine.
(z) "Professional combatant" means an individual eighteen (18) years of age or older who participates as a competitor in a contest or exhibition for money, prizes or purses, or who teaches, instructs or assists in the practice of unarmed combat or sparring as a means of obtaining pecuniary gain.
(aa) "Professional contest and professional exhibition" means any contest or exhibition conducted within this state involving professional combatants.
(bb) "Professional wrestling" means an activity in which combatants struggle hand-to-hand primarily for the purpose of providing entertainment to spectators and which does not comprise a bona fide athletic contest or competition.
(cc) "Promoter" means any person including an owner, officer, partner, member, director, employee or shareholder thereof, who produces, arranges, stages or otherwise promotes any contest or exhibition.
(dd) "Pugilistic" means an act related to the skill or practice of fighting with the fists.
(ee) "Purse" means the financial guarantee or any other remuneration or thing of value for which a person participates in a contest or exhibition.
(ff) "Ring official" means any individual who performs an official function during the progress of a regulated contest or exhibition including, but not limited to, timekeepers, judges, referees and attending physicians.
(gg) "Sanctioning permit" means a license issued by the commission or a permit issued by an approved amateur athletic sanctioning organization, that authorizes a promoter to promote a single program of contests and exhibitions at a specific venue.
(hh) "Secondary school" means a school which, for operational purposes, is organized and administered on the basis of grades 7 through 12, inclusive, or any combination thereof.
(ii) "Sparring" means to engage in a form of unarmed combat, such as occurs in a practice or exhibition match.
(jj) "Trainer" means an individual who assists, coaches or instructs any unarmed combatant with respect to physical conditioning, strategy, techniques or preparation for competition in contests or exhibitions.
(kk) "Unarmed combat" means a fight or contest between individuals or groups without the use of weapons other than the natural appurtenances of the human body.
(2) To the extent the commission deems pertinent, any specialized term not otherwise defined in this chapter may be defined by rule.
[54-402, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 3, p. 1148; am. 2007, ch. 149, sec. 2, p. 444; am. 2009, ch. 93, sec. 1, p. 270; am. 2010, ch. 311, sec. 1, p. 831; am. 2022, ch. 94, sec. 9, p. 288.]
(1) The commission shall contract with the division of occupational and professional licenses to act as the board’s agent and employ such employees and inspectors as may be necessary to provide the required administrative, investigative, legal and fiscal services and otherwise administer the provisions of this chapter.
(2) The commissioner may appoint up to five (5) deputy state athletic commissioners who shall be assigned such duties and given such authority as designated by the commissioner. Deputy commissioners shall serve at the discretion of the commissioner and may be appointed for a term not to exceed the tenure of the commissioner. Deputy commissioners shall be entitled to an honorarium as provided in section 59-509(n), Idaho Code.
(3) No less than one (1) commissioner or deputy commissioner or agent of the commission shall be present at any contest or exhibition held under the provisions of this chapter. Such agents shall carry official identification evidencing their authority. It shall be their duty to see that all rules of the commission and the provisions of this chapter are strictly complied with and to be present at the accounting of the gross receipts of any contest or exhibition, and such agent is authorized to receive from the licensee conducting the contest or exhibition the statement of gross receipts herein provided for and to immediately transmit such reports to the commission.
[54-403, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 4, p. 1151; am. 2007, ch. 149, sec. 3, p. 447; am. 2022, ch. 94, sec. 10, p. 290.]
The commission or its agent shall keep full and correct minutes of its transactions and proceedings, which shall at all times be open to public inspection. Any agent of the commission shall have the power to administer oaths in all matters pertaining to or concerning the proceedings of the official duties of the commission. The commission shall have power to summon witnesses to appear and testify on any matter deemed material to the proper discharge of its duties. Such summons shall be served in like manner as a subpoena issued out of the district court and shall be served by the sheriff of the proper county, and such service returned by him to the commission without compensation.
[54-404, added 1992, ch. 229, sec. 2, p. 680; am. 2007, ch. 149, sec. 4, p. 448.]
The commission shall have power to issue and for cause to immediately revoke any sanctioning permit to conduct amateur and professional contests and exhibitions, including a simultaneous telecast of any live, current or spontaneous contests and exhibitions on a closed-circuit telecast within this state, whether originating in this state or elsewhere, and for which a charge is made, as herein provided under such terms and conditions and at such times and places as the commission may determine. Such permit shall entitle the holder thereof to conduct contests and exhibitions under such terms and conditions and at such times and places as the commission may determine. In case the commission shall refuse to grant a permit to any applicant, or shall cancel any permit, such applicant, or the holder of such canceled permit shall be entitled, upon application, to a hearing to be held not less than sixty (60) days after the filing of such order at such place as the commission may designate; provided however, that it has been found by a valid finding and such finding is fully set forth in the order, that the applicant or permittee has been guilty of any felony or of disobeying any provision of this chapter, such hearing shall be denied.
[54-405, added 1992, ch. 229, sec. 2, p. 680; am. 2004, ch. 385, sec. 5, p. 1152; am. 2007, ch. 149, sec. 5, p. 448; am. 2009, ch. 93, sec. 2, p. 272.]
(1) The commission shall have power, and it shall be its duty, to direct, supervise and control all amateur and professional contests and exhibitions within the state and no such contest or exhibition shall be held or given within this state except in accordance with the provisions of this chapter. The commission has authority to adopt rules to implement the provisions of this chapter and to implement each of the duties and responsibilities conferred upon the commission including, but not limited to:
(a) Development of an ethical code of conduct for commissioners, commission staff and commission officials;
(b) Facility and safety requirements relating to the ring, floor plan and apron seating, emergency medical equipment and services, and other equipment and services necessary for the conduct of a program of matches;
(c) Requirements regarding a participant’s apparel, bandages, handwraps, gloves, mouthpiece and appearance during a match;
(d) Requirements relating to a manager’s participation, presence and conduct during a match;
(e) Duties and responsibilities of all licensees under this chapter;
(f) Procedures for hearings and resolution of disputes, including the commission’s recovery of its costs and fees incurred from an unsuccessful challenger of a contest decision as well as a deposit in an amount determined by the commission;
(g) Qualifications for appointment of referees and judges;
(h) Designation and duties of a knockdown timekeeper;
(i) Setting fee and reimbursement schedules for referees and other officials appointed by the commission or the representative of the commission;
(j) Establishment of criteria for approval, disapproval, suspension of approval and revocation of approval of amateur sanctioning organizations for amateur contests and exhibitions held in this state including, but not limited to, the health and safety standards the organizations use before, during and after the matches to ensure the health, safety and well-being of the amateur combatants participating in the matches, including the qualifications and numbers of health care personnel required to be present, the qualifications required for referees, and other requirements relating to the health, safety and well-being of the amateur combatants participating in the matches. The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of United States amateur boxing, inc., as the minimum health and safety standards for an amateur boxing sanctioning organization, and the health and safety standards of the international amateur kickboxing sport association as the minimum health and safety standards for an amateur kickboxing sanctioning organization; and
(k) Establish fees to be paid by an amateur athletic sanctioning organization that is approved pursuant to subsection (3)(b)(ii) of this section, which fees shall include:
(i) Initial and annual application processing fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000); and
(ii) Initial and annual approval fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
(2) The commission may, in its discretion, issue or refuse to issue and for cause immediately revoke any sanctioning permit whether or not an admission fee is charged by any person, organization, association or fraternal society. The commission may also, in its discretion, issue or refuse to issue and for cause immediately revoke, suspend or otherwise discipline licenses for participants of sanctioned contests and exhibitions. The commission may recover the costs and fees incurred in the investigation and prosecution of a licensee or permit holder who is found in violation of the provisions of this chapter or the commission’s rules.
(3) Specifically exempt from the provisions of this chapter are all contests or exhibitions that:
(a) Are contests or exhibitions conducted by any secondary school, college or university, whether public or private, where all the participating contestants are bona fide students enrolled in any secondary school, college or university, within or without this state;
(b) Are entirely contests or exhibitions in which all combatants are amateurs and which have been sanctioned as amateur athletic contests or exhibitions by any of the following associations:
(i) United States amateur boxing, inc., also known as USA boxing, inc., the amateur athletic union of the United States, inc., also known as the national amateur athletic union, the amateur athletic union and the AAU or any similar nationally recognized entity approved by the commission; or
(ii) Any other entity that the commission approves to be an amateur athletic sanctioning organization, which approval shall be subject to annual review for purposes of renewal. Notwithstanding any other provision of this chapter, the promoter of any contest or exhibition sanctioned by an organization approved pursuant to this subparagraph shall comply with sections 54-408, 54-411, 54-413, 54-417, 54-419, 54-421 and 54-422, Idaho Code, and the promoter and each participant in such contest or exhibition are subject to sections 54-416, 54-418 and 54-420, Idaho Code, unless specifically exempted by commission rule;
(c) Are contests or exhibitions held under the auspices or sanction of an established nonprofit secondary school activities organization or of its public or nonprofit accredited secondary school members, or held under the auspices or sanction of an established college or university activities organization or its public or not-for-profit accredited college or university members; or
(d) Are contests or exhibitions conducted by any military installation or branch of the United States armed forces, or the state national guard, where the participants are employed by the military installation, are members of the branch of the armed forces, or the state national guard unit conducting the contest or exhibition.
(4) Provided further that every combatant in any contest or exhibition exempt under the provisions of this chapter, prior to engaging in and conducting such contest or exhibition, shall be examined by a licensed physician at least once in each calendar year, or where such contest is conducted by a secondary school, college or university or organization as further described in this section, once in each academic year in which instance the physician shall also designate the maximum and minimum weights at which the combatant shall be medically certified to participate. Provided further that no combatant shall be permitted to participate in any such contest or exhibition in any weight classification other than that or those for which he is certificated. Provided further that the exempted organizations shall be governed by the provisions of section 54-414, Idaho Code, as that section applies to contests or exhibitions conducted by persons exempted in this section from the general provisions of this chapter. No contest or exhibition shall be conducted within this state except pursuant to a license issued in accordance with the provisions of this chapter and the rules of the commission except as hereinabove provided.
[54-406, added 1992, ch. 229, sec. 2, p. 681; am. 2004, ch. 385, sec. 6, p. 1152; am. 2007, ch. 149, sec. 6, p. 449; am. 2009, ch. 93, sec. 3, p. 273; am. 2010, ch. 311, sec. 2, p. 833; am. 2013, ch. 345, sec. 1, p. 929.]
(1) In no case may a boxing combatant participate in more than one (1) boxing contest or exhibition in any twenty-four (24) hour period.
(2) Without the special permission of the commission, a boxing combatant may not compete in a boxing contest or exhibition in this state unless:
(a) Four (4) days have elapsed since his last contest if the contest lasted for no more than four (4) rounds.
(b) Seven (7) days have elapsed since his last contest if the contest lasted five (5) or six (6) rounds.
(c) Fourteen (14) days have elapsed since his last contest if the contest lasted seven (7) or eight (8) rounds.
(d) Twenty-one (21) days have elapsed since his last contest if the contest lasted nine (9) or ten (10) rounds.
(e) Forty-five (45) days have elapsed since his last contest if the contest lasted eleven (11) or twelve (12) rounds.
[54-407, added 2004, ch. 385, sec. 7, p. 1153; am. 2009, ch. 93, sec. 4, p. 274.]
(1) Before any sanctioning permit is issued to any promoter to conduct or hold a contest or exhibition and before an approved amateur athletic sanctioning organization sanctions an exempt amateur event, the promoter shall file with the commission a bond or other form of financial security payable to the state of Idaho in an amount determined by the commission, executed by the promoter and a surety company or companies authorized to do business in this state, and conditioned upon the faithful performance by the promoter, which shall include, but not be limited to, the cancellation of a sanctioned contest or exhibition without good cause as determined by the commission.
(2) The bond or other form of financial security required under this section shall guarantee the payment of all taxes, fees, fines and other moneys due and payable pursuant to the provisions of this chapter and the rules of the commission or regulations of an approved amateur athletic sanctioning organization, as applicable, including, but not limited to, the payment of purses to the participants, other than the promoter, any contributions for required insurance, pensions, disability and medical examinations, the repayment to ticketholders of purchased tickets, and if applicable, the payment of fees to ring officials and physicians and, in the event of the cancellation of a sanctioned contest or exhibition without good cause, an amount determined by the commission.
(3) The commission may modify the amount of bond or other form of financial security if the commission determines that modification is required to ensure adequate and sufficient coverage for payment of taxes, fees, fines, purses and other moneys due and payable pursuant to the provisions of this section. Failure of any promoter to secure a modified bond or other form of financial security required pursuant to this subsection within such period of time as the commission may prescribe, shall be grounds for the commission to revoke any sanctioning permit and cancel any contest or exhibition.
(4) All proceeds collected pursuant to the provisions of this section shall be deposited in the state treasury to the credit of the occupational licenses fund.
(5) Promoters must obtain health insurance to cover any injuries incurred by participants, other than the promoter, at the time of the event.
[(54-408) 54-407, added 1992, ch. 229, sec. 2, p. 682; am. and redesig. 2004, ch. 385, sec. 8, p. 1154; am. 2007, ch. 149, sec. 7, p. 451; am. 2009, ch. 93, sec. 5, p. 275; am. 2010, ch. 311, sec. 3, p. 835.]
Before issuing any license or sanctioning permit, the commission shall consider the following in order of importance:
(1) The preservation of the safety and health of the contestants;
(2) The best interest and welfare of the public; and
(3) The best interest of the sport in general.
[54-409, added 2004, ch. 385, sec. 9, p. 1155.]
Upon the approval by the commission of any application for a license or sanctioning permit, the payment of such fees as determined by the commission and the filing of the bond or other form of financial security as the commission may require, the commission shall forthwith issue such license or sanctioning permit.
[(54-410) 54-408, added 1992, ch. 229, sec. 2, p. 682; am. and redesig. 2004, ch. 385, sec. 10, p. 1155; am. 2009, ch. 93, sec. 6, p. 276; am. 2010, ch. 311, sec. 4, p. 836.]
(1) Any promoter as herein provided shall, at least seven (7) days prior to the holding of any contest or exhibition, file with the commission a statement setting forth the name of each combatant, his manager or managers, the total number of tickets available for the contest or exhibition and such other information as the commission may require. The promoter shall pay to the commission at the time of the sanctioning permit application an initial event tax of one thousand dollars ($1,000). Within seventy-two (72) hours after the termination of any contest or exhibition the promoter shall file with the commission representative a gross receipts report, duly verified as the commission may require showing the number of tickets sold for such contest or exhibition, the price charged for such tickets and the gross receipts thereof without any deduction whatsoever, and such other and further information as the commission may require. If the initial event tax previously paid is less than nine percent (9%) of the gross receipts for the event, then the promoter shall pay to the commission at the time of filing the above report an additional event tax equal to nine percent (9%) of the gross receipts, minus the initial event tax previously paid, for deposit by the commission.
(2) All tickets for any contest or exhibition shall be issued, sold and distributed by an independent ticket distributor or broker not associated with the promoter and not associated with the venue unless approved by the commission. The number of complimentary tickets shall be limited to two percent (2%) of the total tickets sold per event location. All complimentary tickets exceeding this set amount shall be subject to taxation. The promoter shall limit the number of persons admitted to the event to the number of available tickets that are actually sold, given away or otherwise issued for the event.
(3) Gross receipts reports signed under oath shall also include:
(a) The name of the promoter;
(b) The contest or exhibition sanctioning permit number;
(c) The promoter’s business address and any license or sanctioning permit number required of such promoter by law;
(d) Gross receipts as specified by this section, during the period specified by this section; and
(e) Such further information as the commission may require to enable it to compute correctly and collect the assessment levied pursuant to this section.
(4) In addition to the information required on gross receipts reports, the commission may request, and the promoter shall furnish, any information deemed necessary for a correct computation of the assessment levied pursuant to this section.
(5) All levies pursuant to this section shall be collected by the commission and shall be deposited in the state treasury to the credit of the occupational licenses fund.
(6) The moneys collected from the assessment levied pursuant to the provisions of this section shall be in addition to all other revenues and funds received by the commission.
(7) The promoter shall compute and pay to the commission the required assessment due. If the payment of the assessment is not postmarked or delivered to the commission as specified in subsection (1) of this section, the assessment shall be delinquent from such date. In addition, if the promoter has not paid the initial event tax as provided in subsection (1) of this section, the promoter shall not hold the event.
(8) Of the moneys collected by the commission pursuant to the tax authorized in subsection (1) of this section, up to five percent (5%) of said tax may be used by the commission for the promotion and support of amateur contests and exhibitions in this state. All parties interested in receiving a distribution must submit an application to the commission which shall include the name of the person or entity applying and a detailed description of what the applicant intends to do with the distribution if granted. The commission shall consider all applications and assign distributions, if any, at the end of each fiscal year to those applicants the commission deems most qualified. The commission may make such distributions only if the commission has a positive balance within the occupational licenses fund and sufficient revenue to cover its projected expenses for the upcoming year.
(9) It shall be the duty of every promoter required to make a gross receipts report and pay any assessment pursuant to the provisions of this section to keep and preserve suitable records and documents which may be necessary to determine the amount of assessment due as will substantiate and prove the accuracy of such reports. All such records shall be preserved for a period of three (3) years, unless the commission, in writing, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the commission or by its authorized agents.
(10) In the event the state athletic commission’s debt owed to the division of occupational and professional licenses exceeds two hundred thousand dollars ($200,000), the commission’s operations will be suspended, including issuance of licenses and permits. In order for the commission’s operations to be reinstated all outstanding debt owed to the division of occupational and professional licenses must be paid in full.
[(54-411) 54-409, added 1992, ch. 229, sec. 2, p. 682; am. and redesig. 2004, ch. 385, sec. 11, p. 1155; am. 2007, ch. 149, sec. 8, p. 451; am. 2008, ch. 113, sec. 1, p. 317; am. 2009, ch. 93, sec. 7, p. 276; am. 2010, ch. 311, sec. 5, p. 836; am. 2013, ch. 345, sec. 2, p. 931; am. 2022, ch. 94, sec. 11, p. 291.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from such fund.
[54-412, added 2004, ch. 385, sec. 12, p. 1157; am. 2007, ch. 149, sec. 9, p. 453; am. 2022, ch. 94, sec. 12, p. 292.]
Every promoter who charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current or spontaneous contest or exhibition on a closed-circuit telecast viewed within this state shall, within seventy-two (72) hours after such event, furnish to the commission a verified gross receipts report on a form which is supplied by the commission showing the number of tickets issued or sold, and the gross receipts therefor without any deductions whatsoever. Such promoter shall also at the same time pay to the commission a tax equal to five percent (5%) of such gross receipts paid for admission to the showing of the contest or exhibition. In no event, however, shall the tax be less than twenty-five dollars ($25.00). The tax shall apply uniformly at the same rate to all persons subject to the tax.
[(54-413) 54-410, added 1992, ch. 229, sec. 2, p. 683; am. and redesig. 2004, ch. 385, sec. 13, p. 1157; am. 2007, ch. 149, sec. 10, p. 453; am. 2010, ch. 311, sec. 6, p. 837.]
No boxing contest or boxing exhibition held in this state whether under the provisions of this chapter or otherwise shall be for more than ten (10) rounds. Each round in a contest or exhibition shall be scheduled to last for the same length of time. No one (1) round of any boxing contest or exhibition shall be scheduled for longer than three (3) minutes and there shall be not less than one (1) minute intermission between each round. In the event of bouts involving a state or regional championship, the commission may grant an extension of no more than two (2) additional rounds to allow total bouts of twelve (12) rounds. The commission shall promulgate rules to assure clean and sportsmanlike conduct on the part of all participants and officials, and the proper and orderly conduct of the contest or exhibition in all respects, including, but not limited to, the weight of the gloves required for contests and exhibitions, and to otherwise make rules consistent with this chapter, but such rules shall apply only to contests or exhibitions held under the provisions of this chapter.
[(54-414) 54-412, added 1992, ch. 229, sec. 2, p. 683; am. and redesig. 2004, ch. 385, sec. 14, p. 1157; am. 2009, ch. 93, sec. 8, p. 277.]
(1) Each combatant for a contest or exhibition shall be examined within thirty-six (36) hours prior to the contest or exhibition by a physician appointed by the commission. The physician shall forthwith and before such contest or exhibition report in writing and over his signature the physical condition of each and every combatant to the commissioner or agent present at such contest. Blank forms of physicians’ reports shall be provided by the commission and all questions upon such blanks shall be answered in full. At the discretion of the commission and immediately prior to a contest or exhibition, the commission may require a combatant to be examined by a physician appointed by the commission. No combatant whose physical condition is not approved by the examining physician shall be permitted to participate in any contest or exhibition. The promoter conducting such contest or exhibition shall pay the examining physician a fee in the amount designated by the commission. No contest or exhibition shall be held unless a physician is present throughout the contest or exhibition. The promoter shall pay the fees, in the amount designated by the commission, of the physician who is required to be present at a contest or exhibition.
(2) The physician present at the contest or exhibition shall have the authority to stop any contest or exhibition when in the physician’s opinion it would be dangerous for a combatant to continue.
[(54-415) 54-413, added 1992, ch. 229, sec. 2, p. 684; am. and redesig. 2004, ch. 385, sec. 15, p. 1158; am. 2007, ch. 149, sec. 11, p. 453; am. 2009, ch. 93, sec. 9, p. 277.]
(1) The commission shall grant annual or biennial licenses in compliance with the rules prescribed by the commission and upon payment of the fees, the amount of which is to be determined by the commission upon application, prescribed to promoters, managers, booking agents, matchmakers, ring officials, combatants and corner persons; provided, that the provisions of this section shall not apply to combatants or other persons who may participate in contests or exhibitions that are exempted from the provisions of this chapter pursuant to section 54-406(3), Idaho Code.
(2) Any such license may be revoked by the commission for any cause it deems sufficient.
(3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.
(4) The ring officials for any contest shall be designated by the commission from among the active pool of licensed or appointed ring officials.
(5) The ring officials for any exhibition shall be provided by the promoter and licensed by the commission.
[(54-416) 54-414, added 1992, ch. 229, sec. 2, p. 684; am. and redesig. 2004, ch. 385, sec. 16, p. 1158; am. 2007, ch. 149, sec. 12, p. 454; am. 2009, ch. 93, sec. 10, p. 278; am. 2024, ch. 86, sec. 4, p. 390; am. 2025, ch. 104, sec. 4, p. 553.]
Any person promoting exhibitions or contests who shall directly or indirectly participate in the purse or fee of any manager of any combatant and any licensee who shall conduct or participate in any sham or fake contest or exhibition shall thereby forfeit any licenses issued pursuant to this chapter and the commission shall declare the license canceled and void and the licensee shall not thereafter be entitled to receive another such license, or any license issued pursuant to the provisions of this chapter.
[(54-417) 54-415, added 1992, ch. 229, sec. 2, p. 685; am. and redesig. 2004, ch. 385, sec. 17, p. 1159; am. 2007, ch. 149, sec. 13, p. 454; am. 2009, ch. 93, sec. 11, p. 278.]
Any participant who shall participate in any sham or fake contest or exhibition and any participant who violates any rule of the commission shall be penalized in the following manner. For the first offense he shall be restrained by order of the commission for a period of not less than three (3) months from participating in any contest or exhibition held under the provisions of this chapter, such suspension to take effect immediately after the occurrence of the offense, for any second offense such participant or licensee shall be forever suspended from participation in any contest or exhibition under the provisions of this chapter.
[(54-418) 54-416, added 1992, ch. 229, sec. 2, p. 685; am. and redesig. 2004, ch. 385, sec. 18, p. 1159; am. 2009, ch. 93, sec. 12, p. 278.]
Whenever any promoter shall fail to make a report of any contest or exhibition within the time prescribed in this chapter or when such report is unsatisfactory to the commission, the commission or its agent may examine the books and records of such promoter; and may subpoena and examine under oath any officer of such promoter and such other person or persons as may be necessary to determine the total tax due. If upon the completion of such examination it shall be determined that an additional tax is due, notice thereof shall be served upon the promoter and if such promoter shall fail to pay such additional tax within twenty (20) days after service of such notice the delinquent promoter shall forfeit any licenses issued pursuant to this chapter and shall forever be disqualified from receiving any new license and in addition thereto, such promoter shall be liable to this state in the penal sum of ten thousand dollars ($10,000) to be collected by the attorney general by such action as may be necessary and in the manner provided by law. All moneys collected pursuant to the provisions of this section shall be remitted to the occupational licenses fund. Regardless of whether the delinquent promoter timely pays any additional tax, the commission may discipline the promoter for failing to make the statement and report of event within the prescribed time or for negligently or knowingly making an inaccurate statement and report of event.
[(54-419) 54-417, added 1992, ch. 229, sec. 2, p. 685; am. and redesig. 2004, ch. 385, sec. 19, p. 1159; am. 2007, ch. 149, sec. 14, p. 454; am. 2010, ch. 311, sec. 7, p. 838.]
(1) Any person conducting or participating in contests or exhibitions within this state without first having obtained a license or sanctioning permit in the manner provided in this chapter is in violation of the provisions of this chapter.
(2) It is unlawful for any promoter or person associated with or employed by any promoter to destroy any ticket or ticket stub, whether sold or unsold, within three (3) months after the date of any contest or exhibition.
(3) The striking of any individual who is not a licensed combatant in that particular contest or exhibition shall constitute grounds for suspension, revocation or both of a license issued pursuant to the provisions of this chapter.
(4) Any person violating any of the provisions of this chapter or the rules of the commission for which no penalty is otherwise herein provided, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by incarceration in the county jail for not more than thirty (30) days or by both such fine and incarceration. The commission shall suspend or revoke the license of any person convicted of violating the provisions of this chapter and the rules of the commission.
(5) In addition to other penalties provided by law if, after a hearing in accordance with the provisions of this chapter and the rules of the commission, the commission shall find any person to be in violation of any of the provisions of this chapter, such person may be subject to an administrative penalty equal to the greater of five hundred dollars ($500) or one percent (1%) of gross receipts received for each violation. Each day a person is in violation of the provisions of this chapter and the rules of the commission may constitute a separate violation. All administrative penalties collected pursuant to the provisions of this subsection shall be deposited in the state treasury to the occupational licenses fund. Upon the request of the commission or its agent, the attorney general may institute action to enforce the administrative penalties imposed pursuant to this subsection in the district court for Ada county.
(6) Upon the request of the commission or its agent, the county prosecutor in the county where a violation has occurred or is about to occur may make application to the district court in the county for an order enjoining the acts or practices prohibited by the provisions of this chapter and the rules of the commission, and upon a showing that the person has engaged or is about to engage in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.
[(54-420) 54-418, added 1992, ch. 229, sec. 2, p. 686; am. and redesig. 2004, ch. 385, sec. 20, p. 1160; am. 2007, ch. 149, sec. 15, p. 455; am. 2009, ch. 93, sec. 13, p. 279; am. 2010, ch. 311, sec. 8, p. 838.]
A promoter shall have an ambulance or paramedical unit with appropriate resuscitation equipment continuously present at the event site during the performance of all contests and exhibitions in case a serious injury occurs.
[(54-421) 54-420, added 1992, ch. 229, sec. 2, p. 686; am. and redesig. 2004, ch. 385, sec. 21, p. 1161; am. 2009, ch. 93, sec. 14, p. 279.]
A promoter shall ensure that adequate security personnel are present at a contest or exhibition to control the crowd or audience in attendance. The size of the security force shall be determined by mutual agreement of the promoter, the person in charge of operating the event site or other facility and the commission.
[(54-422) 54-421, added 1992, ch. 229, sec. 2, p. 686; am. and redesig. 2004, ch. 385, sec. 22, p. 1161; am. 2009, ch. 93, sec. 15, p. 279.]
(1) Podiatry shall, for the purpose of this chapter, mean the diagnosis and mechanical, electrical, medical, physical, and surgical treatment of ailments of the human foot and leg and the casting of feet for the purpose of preparing or prescribing corrective appliances, prosthetics, or custom orthopedic shoes for corrective treatment; however, the casting of feet for preparing corrective appliances, prosthetics, or custom orthopedic shoes may be permitted on the prescription of a duly licensed person in the healing arts in this state. Podiatrists shall be limited in their practice to the human foot and leg. Surgical treatment, as herein used, shall mean the surgical treatment of the foot and ankle and those soft tissue structures below the knee governing the function of the foot and ankle, but it shall not include the amputation of the leg, surgery of the knee joint, surgery of the bony structures proximal to the distal half of the tibia, or the administration or monitoring of general anesthesia.
(2) Advanced surgical procedures, as determined by the state board of medicine, shall be performed in a licensed hospital or certified ambulatory surgical center accredited by the joint commission or the accreditation association for ambulatory health care where a peer review system is in place.
(3) A podiatrist may administer narcotics and medications in the treatment of ailments of the human foot and leg in the same manner as a physician licensed to practice pursuant to chapter 18, title 54, Idaho Code.
(4) A podiatrist is defined as a natural person who practices podiatry within the scope of this chapter and shall be referred to as a podiatric physician and surgeon. Nothing within this chapter shall prohibit any physician or surgeon, registered and licensed as such and authorized to practice under the laws of the state of Idaho, or any physician or surgeon of the United States army, navy, or public health service when in actual performance of his duties from practicing medicine and surgery.
[54-601, added 2026, ch. 217, sec. 2, p. 904.]
It is unlawful for any person to practice podiatry unless licensed to do so as provided in this chapter.
[54-602, added 2026, ch. 217, sec. 2, p. 904.]
The state board of medicine, herein referred to as the board, shall have the following powers and duties:
(1) To ascertain the qualifications and fitness of applicants to practice podiatry and to pass upon the qualifications of applicants for licenses by endorsement; and
(2) To conduct hearings and proceedings for discipline of licensees as set forth in this chapter.
[54-603, added 2026, ch. 217, sec. 2, p. 904.]
(1) Every person, except as hereinafter provided, desiring to practice podiatry within this state shall make application to the board in the form designated by the board. Such application shall be accompanied by an application fee not to exceed two hundred dollars ($200) and an original license fee not to exceed four hundred dollars ($400).
(2) Each applicant shall:
(a) Not have been convicted or found guilty in this state or in any other state of a crime that is deemed relevant in accordance with the provisions of section 67-9411(1), Idaho Code;
(b) Submit to a fingerprint-based criminal history background check in accordance with the provisions of section 67-9411A, Idaho Code;
(c) Be a graduate of a four (4) year school of podiatry located within the United States or Canada approved by the council on podiatric medical education and the American podiatric medical association, or its foreign equivalent;
(d) Have completed an accredited podiatric residency approved by the council on podiatric medical education of no less than twenty-four (24) months, a minimum of twelve (12) months of which shall be surgical. Proof of completion shall be received directly from the residency program; and
(e) Pass all parts of the American podiatric medical licensing examination administered by the national board of podiatric medical examiners.
[54-604, added 2026, ch. 217, sec. 2, p. 904.]
(1) If an applicant passes a satisfactory examination and shows that he is a person who has not been convicted or found guilty in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and that he possesses the qualifications of a licensed podiatrist required by this chapter, he shall be entitled to a license authorizing him to practice podiatry within the state of Idaho. The successful applicant shall be issued a license by the division of occupational and professional licenses upon payment of the original license fee.
(2) In order to maintain and renew a license, licensees must submit proof of completion of thirty (30) hours of continuing education every two (2) years, reported with their renewal application. All continuing education courses shall be germane to the practice of podiatry. The renewal fee shall not exceed five hundred dollars ($500).
[54-605, added 2026, ch. 217, sec. 2, p. 905.]
No license may be issued, and a license previously issued may be suspended, revoked, or otherwise disciplined, if the person applying or the person licensed is:
(1) Found guilty by a court of competent jurisdiction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Found by the board to be a repeated and excessive abuser of any drug, including alcohol, or any controlled substance;
(3) Found by the board to be in violation of any provision of this chapter;
(4) Found by the board to have used fraud or deception in the procuring of any license;
(5) Found by the board to have had any action, including denial of a license or the voluntary surrender of or voluntary limitation on a license, taken against the licensee by any peer review body, any health care institution, any professional medical society or association, or any court, law enforcement, or governmental agency;
(6) Found by the board to have failed to comply with the applicable standard of podiatric care; or
(7) Found by the board to have failed to cooperate in a board investigation or to comply with a board order.
[54-606, added 2026, ch. 217, sec. 2, p. 905.]
It shall constitute unprofessional conduct justifying suspension, revocation, or other discipline of a license for any person holding a license to practice podiatry to:
(1) Offer, give, or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment;
(2) Request, list, accept, or receive any rebates or commission for prescribing or recommending any footwear, drug, medicine, or any other article, to his patients;
(3) Prescribe, dispense, or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy, or remedy whatsoever;
(4) Use any form of advertising that is false, misleading, or deceptive;
(5) Use any title other than that of podiatrist or doctor of podiatric medicine. The term "foot specialist" or "physician and surgeon of the feet" may be used as explanatory terms of the title podiatrist but not alone or as a substitute therefor;
(6) Employ a solicitor or solicitors to obtain business;
(7) Publish or use untruthful or improbable statements with the intent of deceiving or defrauding the public or any patient; or
(8) Violate the applicable standard of podiatric care for the ethical practice of podiatry in this state as described in this chapter.
[54-607, added 2026, ch. 217, sec. 2, p. 905.]
(1) Proceedings for the suspension, revocation, or other discipline of a license shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.
(2) The board shall have the power to administer oaths, take depositions of witnesses within or without the state in the manner provided by law in civil cases, and, throughout the state of Idaho, to require the attendance of such witnesses and the production of such books, records, and papers as it may desire, relevant to any hearing before it of any matter that it has authority to investigate, and for that purpose, the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of books, records, or papers, directed to the sheriff of any county of the state of Idaho where such witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case. Fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases and shall be paid from any funds in the state treasury in the same manner as other expenses of the board are paid. In the event of disobedience to or neglect of any subpoena or subpoena duces tecum served on any person, or the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county in this state in which such disobedience, neglect, or refusal occurs, or any judge thereof, upon application by the board, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or for refusal to testify therein. The licensed person accused shall have the same right of subpoena upon making application to the board therefor.
(3) If the board finds that the licensed person accused has violated any of the provisions of this chapter, the board may enter an order that includes one (1) or more of the following:
(a) Revoking the respondent’s license to practice podiatric medicine;
(b) Suspending or restricting the respondent’s license to practice podiatric medicine;
(c) Imposing conditions or probation on the respondent’s license, including requiring rehabilitation or remediation;
(d) Issuing a public reprimand;
(e) Imposing an administrative fine not to exceed ten thousand dollars ($10,000) for each count or offense; or
(f) Assessing costs and attorney’s fees against the respondent for any investigation, administrative proceeding, or both.
[54-608, added 2026, ch. 217, sec. 2, p. 906.]
The board may issue a license to an applicant by endorsement where the applicant has passed an examination for and is currently licensed to practice podiatry in another state. The applicant shall satisfy in all other respects the requirements for licensure in this chapter. All applications for licensure by endorsement must be accompanied by an application fee.
[54-609, added 2026, ch. 217, sec. 2, p. 906.]
Any person who practices or attempts to practice podiatry, who publicly advertises as a podiatrist, who uses the title chiropodist, podiatrist, or any other word, title, or abbreviation calculated to induce belief that he is engaged in the practice of podiatry, or who holds himself out to the public as diagnosing the ailments of or treating in any manner the human foot by medical, physical, or surgical methods without a license as provided in this chapter shall be deemed guilty of a felony.
[54-610, added 2026, ch. 217, sec. 2, p. 907.]
(1) On July 1, 2026, or soon as practicable thereafter, the division of occupational and professional licenses shall transfer any outstanding assets, moneys, obligations, or liabilities of the state board of podiatry to the state board of medicine.
(2) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited into the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-611, added 2026, ch. 217, sec. 2, p. 907.]
Any person now licensed in the state to practice podiatry shall be entitled to a renewal of his license, without examination, by applying to the board for a renewal of the same, submitting satisfactory evidence of having met the continued education requirements and tendering the renewal license fee.
[54-612, added 1957, ch. 143, sec. 12, p. 235; am. 1969, ch. 464, sec. 8, p. 1304; am. 1974, ch. 13, sec. 58, p. 138; am. 1976, ch. 361, sec. 10, p. 1192; am. 1982, ch. 141, sec. 4, p. 399.]
The board may issue a license to an applicant by endorsement where the applicant has passed an examination for and is currently licensed to practice podiatry in another state. The applicant must satisfy in all other respects the requirements for licensure in this act and any rules adopted by the board. All applications for licensure by endorsement must be accompanied by an application fee as established by board rule not to exceed four hundred dollars ($400).
[54-613, added 1957, ch. 143, sec. 13, p. 235; am. 1969, ch. 464, sec. 9, p. 1304; am. 1976, ch. 361, sec. 11, p. 1192; am. 1990, ch. 36, sec. 3, p. 55; am. 1997, ch. 27, sec. 7, p. 47; am. 2001, ch. 26, sec. 2, p. 31; am. 2003, ch. 72, sec. 2, p. 238.]
Any person who practices or attempts to practice podiatry, publicly advertises as a podiatrist, or who uses the title chiropodist, podiatrist, or any other word, title or abbreviation calculated to induce belief that he is engaged in the practice of podiatry, or who holds himself out to the public as diagnosing the ailments of or treating in any manner the human foot by medical, physical or surgical methods, without a license as provided in this act, shall be deemed guilty of a misdemeanor.
[54-614, added 1957, ch. 143, sec. 14, p. 235; am. 1976, ch. 361, sec. 12, p. 1192.]
All moneys of any kind collected under the provisions of this act shall be immediately remitted to the division of occupational and professional licenses for deposit in the state treasury to the credit of the occupational licenses fund.
[54-615, added 1957, ch. 143, sec. 15, p. 235; am. 1974, ch. 13, sec. 59, p. 138; am. 2022, ch. 94, sec. 15, p. 294.]
This act may be cited as the "Chiropractic Practice Act."
[54-701, added 1980, ch. 334, sec. 2, p. 862.]
Recognizing that the practice of chiropractic is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to insure the public health, safety and welfare in the state of Idaho by the licensure and regulation of chiropractic physicians and the exclusion of unlicensed persons from the practice of chiropractic.
[54-702, added 1980, ch. 334, sec. 2, p. 862.]
As used in this chapter, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meaning:
(1) "Acceptable school of chiropractic" means any school of chiropractic that meets the standards or requirements of a national chiropractic school accrediting organization acceptable to the board or that has status as a candidate for accreditation before such organization.
(2) "Board" means the state board of chiropractic physicians.
(3) "License to practice chiropractic" means a license issued by the board to a person who has graduated from an acceptable school of chiropractic and who has fulfilled the licensure requirements of this chapter.
(4) "Person" means a natural person.
(5) "Physician" means any person who holds a license to practice chiropractic; provided further, that others authorized by law to use the term "physician" shall not be considered physicians for the purpose of this chapter.
(6) The "practice of chiropractic" means:
(a) To investigate, examine, and diagnose for any human disease, ailment, injury, infirmity, deformity, or other condition; and
(b) To apply principles or techniques of chiropractic practice as set forth in section 54-704, Idaho Code, in the prevention or treatment of any of the conditions listed in paragraph (a) of this subsection; or
(c) To offer, undertake, attempt to do or hold oneself out as able to do any of the acts prescribed in paragraphs (a) and (b) of this subsection.
[54-703, added 1980, ch. 334, sec. 2, p. 862; am. 2017, ch. 190, sec. 1, p. 431.]
(1) Chiropractic practice and procedures that may be employed by physicians are as follows: the system of specific adjustment or manipulation of the articulations and tissues of the body; the investigation, examination and clinical diagnosis of conditions of the human body and the treatment of the human body by the application of manipulative, manual, mechanical, physiotherapeutic or clinical nutritional methods and may include the use of diagnostic X-rays.
(2) As used in this section:
(a) "Adjustment" means the application of a precisely controlled force applied by hand or by mechanical device to a specific focal point on the anatomy for the express purpose of creating a desired angular movement in skeletal joint structures in order to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex; "chiropractic adjustment" utilizes, as appropriate, short-lever force, high-velocity force, short-amplitude force, or specific line-of-correction force to achieve the desired angular movement, as well as low-force neuromuscular, neurovascular, neuro-cranial, or neuro-lymphatic reflex technique procedures.
(b) "Manipulation" means an application of a resistive movement by applying a nonspecific force without the use of a thrust that is directed into a region and not into a focal point of the anatomy for the general purpose of restoring movement and reducing fixation.
(c) "Massage therapy," also called massology, means the systematic manual or mechanical mobilization of the soft tissue of the body by such movements as rubbing, kneading, pressing, rolling, slapping and tapping for the purpose of promoting circulation of the blood and lymph, relaxation of muscles, release from pain, restoration of metabolic balance, and the other benefits both physical and mental.
(3) Nothing herein contained shall allow a physician to:
(a) Perform surgical operations or practice obstetrics; or
(b) Prescribe, dispense, independently administer, distribute, or direct to a patient a drug, substance or product that:
(i) Under federal law is required, prior to being dispensed or delivered, to be labeled with any of the following statements:
"Caution: Federal law prohibits dispensing without prescription";
"Rx only"; or
"Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian"; or
(ii) Is required by any applicable federal or state law, rule or regulation to be dispensed on prescription only or prescription drug order only, or is restricted to use by practitioners only.
(4) Notwithstanding the provisions of subsection (3) of this section, a chiropractic physician certified in clinical nutrition may independently administer prescription drug products as provided in section 54-716, Idaho Code.
(5) Notwithstanding the provisions of subsection (3) of this section, a chiropractic physician certified in clinical nutrition may issue a prescription for drug products provided in section 54-716, Idaho Code, to be:
(a) Dispensed by an Idaho licensed pharmacy;
(b) Delivered directly to the prescribing chiropractic physician’s office; and
(c) Administered directly to the patient in the prescribing chiropractic physician’s office.
(6) Chiropractic practice, as herein defined, is hereby declared not to be the practice of medicine within the meaning of the laws of the state of Idaho defining the same, and physicians licensed pursuant to this chapter shall not be subject to the provisions of chapter 18, title 54, Idaho Code, nor liable to any prosecution thereunder, when acting within the scope of practice as defined in this chapter.
[54-704, added 1980, ch. 334, sec. 2, p. 863; am. 1993, ch. 157, sec. 1, p. 402; am. 2017, ch. 190, sec. 2, p. 431; am. 2020, ch. 234, sec. 1, p. 689.]
(1) Under the circumstances described and, subject in each case to the limitations stated, the following persons, though not holding a license to practice chiropractic in this state, may engage in activities included in the practice of chiropractic:
(a) A person licensed by this state pursuant to chapter 18, title 54, Idaho Code;
(b) A chiropractic assistant as shall be defined and regulated by the board, administering a procedure set forth in section 54-704, Idaho Code, but not including the adjustment or manipulation of articulations of the body, as specifically directed by a chiropractic physician as long as such directions are within the scope of chiropractic practice;
(c) A person rendering aid in an emergency, for which no fee for the services is contemplated, charged or received;
(d) A person residing in another state or country and authorized to practice chiropractic there, who is called in consultation by a person licensed in this state to practice chiropractic, or who for the purpose of furthering chiropractic education is invited into this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, so long as he does not open an office or appoint a place to meet patients or receive calls in this state;
(e) A person authorized to practice chiropractic in another state or country rendering chiropractic care in a time of disaster or while caring for an ill or injured person while at the scene of an emergency and while continuing to care for such person;
(f) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to the provisions of this chapter, of any person licensed or registered in this state by any other law, from engaging in any health care profession or occupation for which such person is licensed or registered;
(g) A medical officer of the armed forces of the United States, of the United States public health service, or of the veterans administration, while engaged in the performance of his official duties;
(h) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;
(i) A person administering a family remedy to a member of the family;
(j) A person authorized or licensed by this state to engage in activities which may involve the practice of medicine;
(k) A person who administers treatment or provides advice regarding the human body and its functions that:
(i) Does not use legend drugs or prescription drugs in such practice;
(ii) Uses natural elements such as air, heat, water and light;
(iii) Only uses class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;
(iv) Only uses vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements; and who
(v) Does not perform surgery;
(vi) Requires each person receiving services to sign a declaration of informed consent which includes an overview of the health care provider’s education which states that the health care provider is not an "M.D." or "D.O." and is not licensed under the provisions of this chapter;
(l) Any person who practices massage therapy as defined in section 54-704(2)(c), Idaho Code;
(m) A chiropractic intern, as defined and regulated by the board, who is registered with the board to practice chiropractic under the direct supervision of a licensed chiropractic physician pursuant to a preceptor program adopted and developed by the rules of the board.
(2) Except as provided in subsection (1) of this section, it is unlawful for any person to practice chiropractic in this state without a license and, upon conviction thereof, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
(3) It is unlawful for any person to assume or use the title or designation "chiropractor," "chiropractic physician," "doctor of chiropractic," the initials "D.C.," or any word, title or abbreviation thereof calculated to induce the belief that he is engaged in the practice of chiropractic or to indicate to the public that such person is licensed to practice chiropractic pursuant to this chapter unless such person is so licensed, and upon conviction thereof, such person shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
(4) When a person has been a recipient of services constituting the unlawful practice of chiropractic, whether or not he knew the rendition of the services was unlawful, proof of the rendition of unlawful services to the recipient, in an action against the provider of such services for damages allegedly caused by the services, constitutes prima facie evidence of negligence, shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:
(a) Amount of any fees paid for the unlawful services; and
(b) Reasonable attorney’s fees and court costs.
(5) The board shall refer all violations made known to it to an appropriate prosecuting attorney. The board shall render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.
[54-705, added 1980, ch. 334, sec. 2, p. 863; am. 1987, ch. 144, sec. 1, p. 286; am. 1993, ch. 157, sec. 2, p. 402; am. 2001, ch. 80, sec. 1, p. 201; am. 2003, ch. 277, sec. 1, p. 742; am. 2017, ch. 190, sec. 3, p. 432.]
(1) There is hereby established in the division of occupational and professional licenses a state board of chiropractic physicians to be composed of five (5) members. The members of the board shall be appointed by the governor for a term of three (3) years. The governor may consider recommendations for appointment to the board from any chiropractic association or any individual residing in this state. No person may be appointed for more than two (2) consecutive terms.
(2) The board shall consist of four (4) physicians who are licensed to practice chiropractic in this state, and each of whom shall have been engaged continuously in the practice of chiropractic within the state of Idaho for a period of not less than three (3) years prior to his appointment.
(3) The governor shall appoint a representative of the public as one (1) member of the board who shall be designated as the public member. The public member of the board shall be a resident of the state of Idaho who has attained the age of twenty-one (21) years, and shall not be nor shall ever have been a physician, the spouse of a physician, a person licensed under the laws of any state to practice a healing art, or a person who has or has had a material financial interest in providing health care services.
(4) The board shall elect a chairman from its membership. The members of the board, except for state employees, shall be compensated as provided by section 59-509(n), Idaho Code. Three (3) members of the board shall constitute a quorum, and the board may act by virtue of a majority vote of members present at a meeting.
(5) The members of the board serve at the pleasure of the governor.
[54-706, added 1980, ch. 334, sec. 2, p. 864; am. 1982, ch. 142, sec. 1, p. 400; am. 1996, ch. 66, sec. 3, p. 201; am. 1999, ch. 164, sec. 1, p. 451; am. 2011, ch. 308, sec. 1, p. 875; am. 2021, ch. 222, sec. 7, p. 625.]
The board shall have the authority to:
(1) Establish rules, subject to legislative approval, for the administration of the provisions of this chapter;
(2) Review investigations and examinations;
(3) Perform such other duties as set forth in the laws of this state;
(4) Provide such other services and perform such other functions as are necessary to fulfill its responsibilities; and
(5) Adopt a rule requiring continuing education as a condition of continued licensure or continued certification in clinical nutrition.
[54-707, added 1980, ch. 334, sec. 2, p. 865; am. 1991, ch. 141, sec. 1, p. 333; am. 1993, ch. 216, sec. 56, p. 641; am. 2017, ch. 190, sec. 4, p. 434; am. 2019, ch. 79, sec. 1, p. 184; am. 2026, ch. 221, sec. 3, p. 930.]
(1) The board shall establish by rule fees for licensure under the provisions of this chapter, including but not limited to the following:
(a) Application fee not to exceed two hundred fifty dollars ($250);
(b) Initial license fee not to exceed two hundred fifty dollars ($250);
(c) Endorsement license fee not to exceed two hundred fifty dollars ($250);
(d) Renewal of license fee not to exceed five hundred dollars ($500);
(e) Inactive license fee not to exceed one hundred fifty dollars ($150);
(f) Temporary permit fee not to exceed one hundred fifty dollars ($150);
(g) Intern permit fee not to exceed one hundred fifty dollars ($150);
(h) Continuing education provider application fee not to exceed five hundred dollars ($500); and
(i) Clinical nutrition certification fee not to exceed two hundred fifty dollars ($250).
(2) Fees charged pursuant to paragraphs (b), (c), (f), (g), and (i) of subsection (1) of this section shall be in addition to the application fee.
(3) All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected pursuant to this section shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-707A, added 2017, ch. 26, sec. 1, p. 47; added 2017, ch. 190, sec. 5, p. 435; amended 2025, ch. 104, sec. 5, p. 553.]
(1) The board shall issue licenses to practice chiropractic to persons who have qualified therefor in accordance with the provisions of this chapter. The board may refuse licensure if it finds that the applicant has engaged in conduct prohibited by sections 54-704 and 54-712, Idaho Code, provided, that the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances. An applicant for a license or permit under this chapter must submit the fee set by board rules. All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) A physician holding a current active license in this state who is not practicing chiropractic in this state may be issued an inactive license. The physician must submit the fee set by board rules and a written request for an inactive license. Each inactive license shall be issued for a period of twenty-four (24) months. A physician holding an inactive license may not engage in the practice of chiropractic in this state. A physician wishing to convert an inactive license to an active license must account to the board for that period of time in which the license was inactive and must fulfill requirements that demonstrate competency to resume practice. Those requirements may include, but are not limited to, education, supervised practice and examination. The board may consider practice in another jurisdiction in determining competency.
(3) The board may issue a clinical nutrition certification to a licensee under this chapter who submits a completed application, pays the application fee set by board rule, and provides proof to the board of successful completion of the educational requirements provided in section 54-717, Idaho Code.
[54-708, added 1980, ch. 334, sec. 2, p. 866; am. 1993, ch. 157, sec. 3, p. 404; am. 2003, ch. 21, sec. 6, p. 81; am. 2003, ch. 277, sec. 2, p. 744.; am. 2017, ch. 26, sec. 2, p. 47; am. 2017, ch. 190, sec. 6, p. 435; am. 2024, ch. 86, sec. 6, p. 391.]
(1) Any person seeking to be licensed to practice chiropractic in this state must successfully complete the following requirements before a license will be issued:
(a) Each applicant must submit the fee set by board rules and a completed application to the board on forms furnished by the board, which shall require proof of graduation from an acceptable school of chiropractic;
(b) Each applicant must pass an examination required by board rules. Such examination must include, but shall not be limited to, the following subjects: anatomy and histology; clinical blood chemistry and hematology; pathology; bacteriology; clinical nutrition; hygiene and sanitation; physiology; symptomatology; urinalysis; chiropractic jurisprudence; chiropractic orthopedics; physiotherapy; chiropractic principles, clinical and physical diagnosis; chiropractic adjustment; neurology, and palpation.
(2) If an applicant fails to pass an examination on two (2) separate occasions, he shall not be eligible to take the examination again for at least one (1) year, and before taking the examination again, he must make a showing to the board that he has successfully engaged in a course of study for the purpose of improving his ability to engage in the practice of chiropractic. Applicants who fail two (2) separate examinations in another state, territory or district of the United States or Canada must make a showing to the board of successful completion of a course of study prior to examination for licensure.
[54-709, added 1980, ch. 334, sec. 2, p. 867; am. 1993, ch. 157, sec. 4, p. 405; am. 2003, ch. 277, sec. 3, p. 744; am. 2017, ch. 26, sec. 3, p. 48.]
Any person seeking to be licensed to practice chiropractic in this state who is licensed to practice chiropractic in another state must successfully complete the following requirements before a license to practice chiropractic will be issued.
(1) Each applicant must submit the fee set by board rules and a completed application to the board on forms furnished by the board that require proof of graduation from an acceptable school of chiropractic and that contains proof that the applicant has for five (5) consecutive years immediately prior to application practiced chiropractic and holds a valid, unrevoked, unsuspended license to practice chiropractic in a state, territory or district of the United States or Canada, and a national board of chiropractic examiner’s certificate.
(2) Each applicant must demonstrate that he possesses the requisite qualifications to provide the same standard of chiropractic care as provided by physicians in this state. The board may require further examination to establish such qualifications.
[54-710, added 1980, ch. 334, sec. 2, p. 868; am. 1987, ch. 144, sec. 2, p. 288; am. 2003, ch. 277, sec. 4, p. 745; am. 2017, ch. 26, sec. 4, p. 49.]
(1) Any person who has submitted an application to the board for licensure by examination to practice chiropractic in the state of Idaho may register with the board and be granted a permit to practice chiropractic prior to examination and licensure in accordance with board rules upon the following conditions:
(a) The applicant must submit the fee set by board rules and a completed registration application to the board on forms furnished by the board and must affirmatively show that the applicant will take the next scheduled examination for licensure approved by the board and that the applicant has not failed two (2) previous examinations for licensure approved by the board; and
(b) A licensed physician certifies to the board that such applicant will practice chiropractic only under the direct and immediate supervision of such physician and only in the office of such physician.
(2) Any person who has completed the required course of study from an acceptable school of chiropractic, but has not yet graduated, may register with the board and be granted a permit to serve a chiropractic internship in accordance with board rules and upon the following conditions:
(a) The applicant must submit the fee set by board rules and a completed registration application to the board on forms furnished by the board; and
(b) A licensed physician certifies to the board that such applicant will practice chiropractic only under the direct and immediate supervision of such physician and only in the office of such physician.
[54-711, added 1980, ch. 334, sec. 2, p. 868; am. 1987, ch. 144, sec. 3, p. 288; am. 2001, ch. 80, sec. 2, p. 202; am. 2003, ch. 277, sec. 5, p. 745; am. 2017, ch. 26, sec. 5, p. 49.]
Any license or permit issued under the provisions of this chapter shall be subject to restriction, suspension, revocation or other discipline pursuant to the provisions of section 54-707, Idaho Code, if the board finds that the licensee:
(1) Has been convicted, found guilty, or received a withheld judgment or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Used false, fraudulent or forged statements or documents, diplomas or credentials in connection with any licensing or other requirements of this chapter or misrepresented or concealed a material fact in obtaining licensing, renewal or reinstatement;
(3) Practiced chiropractic under a false or assumed name in this or any other state;
(4) Advertised the practice of chiropractic in a false, misleading or deceptive manner;
(5) Knowingly aided or abetted any person to practice chiropractic who is not authorized to practice chiropractic as provided in this chapter or failed to adequately supervise auxiliary staff who have contact with patients that creates or results in an unreasonable risk of harm to the patient;
(6) Is unable to obtain or renew a license to practice chiropractic, or whose license to practice chiropractic has been restricted, revoked or suspended by any other state, territory or district of the United States or foreign jurisdiction; a certified copy of the order shall be conclusive evidence of any restriction, revocation or suspension of a license;
(7) Failed to safeguard the confidentiality of chiropractic records or other chiropractic information pertaining to identifiable clients, except as required or authorized by law;
(8) Practiced chiropractic when a license pursuant to this chapter is suspended, revoked, or inactive due to failure to renew the license within the time and manner required by the board;
(9) Refused to divulge to the board, upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment, or infirmity;
(10) Has engaged in any conduct that constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the licensee by the patient;
(11) Has committed any act that constitutes a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(12) Is unable to practice chiropractic with reasonable skill and safety by reason of:
(a) Mental illness;
(b) Physical illness, including but not limited to physical deterioration that adversely affects cognitive, motor or perceptive skills;
(c) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substances that impair ability; or
(d) Having a communicable, contagious or infectious disease that endangers the health of patients;
(13) Has violated the standard of care or code of ethics as adopted by the board or misrepresented or committed fraud in any aspect of the business or practice of chiropractic;
(14) Promoted unnecessary or inefficacious treatment, procedures, devices or services or practiced in an incompetent or negligent manner resulting in or creating an unreasonable risk of harm; or
(15) Has violated any provision of this act or any rule promulgated by the board for the administration or enforcement of this act, interfered with the board’s conduct of investigations, hearings or any other matters relating to discipline, including but not limited to misrepresenting facts, attempting to influence witnesses or failing to answer subpoenas, or otherwise failed to cooperate with the board in the fulfillment of its duties.
[54-712, added 1980, ch. 334, sec. 2, p. 868; am. 1987, ch. 144, sec. 4, p. 288; am. 1993, ch. 157, sec. 5, p. 405; am. 2020, ch. 175, sec. 15, p. 519; am. 2025, ch. 104, sec. 6, p. 554; am. 2026, ch. 221, sec. 82, p. 966.]
(1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license, or renewing a license under the provisions of this chapter, the board may impose one (1) or more of the following penalties:
(a) Suspension of the offender’s license for a term to be determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of chiropractic in a particular manner for a term to be determined by the board;
(d) Refusal to renew the offender’s license;
(e) Placement of the offender on probation and supervision by the board for a period of time and under terms and conditions to be determined by the board;
(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000);
(g) Written letters of censure or reprimand which shall become a permanent record in the files of the licensee and which may be published within the discretion of the board; or
(h) Restitution for losses suffered or reimbursement for any damages incurred by a patient as a result of a violation of this chapter.
(2) In lieu of the penalties imposed by subsection (1) of this section, the board and licensee may enter into a written mutual agreement whereby the licensee agrees to discontinue a particular activity or comply with the provisions of this chapter without an admission or finding of culpability of the licensee, the violation of which may be the basis for disciplinary action by the board.
(3) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding a license, seeking a license or renewing a license under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
(4) Any person whose license to practice chiropractic in this state has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.
(5) Nothing herein contained shall be construed as barring criminal prosecutions for violations of the provisions of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(6) All final decisions by the board shall be subject to judicial review pursuant to the provisions of the administrative procedure act.
[54-713, added 1993, ch. 157, sec. 6, p. 407; am. 2018, ch. 348, sec. 3, p. 798.]
Each physician shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases, reporting and certifying deaths and all matters pertaining to public health. Failure to comply with these requirements shall constitute grounds for disciplinary action pursuant to the provisions of this chapter.
[(54-714) 1980, ch. 334, sec. 2, p. 869; am. and redesig. 1993, ch. 157, sec. 7, p. 407.]
(1) A licensee under this chapter who is certified in clinical nutrition may prescribe, obtain, and independently administer, during chiropractic practice, the following prescription drug products:
(a) Vitamins:
(i) Vitamin A;
(ii) All B vitamins; and
(iii) Vitamin C;
(b) Minerals:
(i) Ammonium molybdate;
(ii) Calcium;
(iii) Chromium;
(iv) Copper;
(v) Iodine;
(vi) Magnesium;
(vii) Manganese;
(viii) Potassium;
(ix) Selenium;
(x) Sodium; and
(xi) Zinc;
(c) Fluids:
(i) Dextrose;
(ii) Lactated ringers;
(iii) Plasma lyte;
(iv) Saline; and
(v) Sterile water;
(d) Epinephrine; and
(e) Oxygen for use during an emergency or allergic reaction.
(2) The prescription drug products listed in subsection (1) of this section may be administered through oral, topical, intravenous, intramuscular or subcutaneous routes. The route of administration and dosing shall be in accordance with the product’s labeling as approved by the federal food and drug administration or with the manufacturer’s instructions.
(3) The prescription drug products listed in subsection (1) of this section shall be obtained from a wholesale distributor, manufacturer, pharmacy or outsourcing facility licensed under chapter 17, title 54, Idaho Code.
(4) No vitamin or mineral may be compounded, as defined in section 54-1704, Idaho Code, by a chiropractic physician. A compounded drug product containing two (2) or more of the approved vitamins or minerals shall be obtained for office use from either an outsourcing facility or a compounding pharmacy licensed under chapter 17, title 54, Idaho Code.
(5) Nothing herein would remove or impact the ability of a chiropractic physician who does not obtain a clinical nutrition certification to continue to utilize nonprescriptive nutritional supplements.
[54-716, added 2017, ch. 190, sec. 7, p. 436; am. 2020, ch. 234, sec. 2, p. 690; am. 2024, ch. 69, sec. 24, p. 357; am. 2026, ch. 315, sec. 2, p. 1263.]
(1) To qualify for certification in clinical nutrition, a licensee of this chapter must have successfully completed a minimum of the following courses:
(a) Seven (7) credits (seventy-seven (77) hours) of didactic human nutrition, nutrition biochemistry and nutritional pharmacology; and
(b) Twenty-four (24) hours of practicum in intravenous and injectable nutrient therapy, which must include: sterile needle practices, phlebotomy, proper injection techniques, intravenous therapy techniques, intramuscular injection techniques, safety practices, and use and expected outcomes utilizing micronutrients, response to adverse effects, lab testing and blood chemistry interpretation.
The courses required by this subsection must be taken from an accredited chiropractic college or other accredited institution of higher education and must be from an accredited program at the college or institution or be a program approved by board rule.
For purposes of this section, "accredited" means accredited by an accrediting agency recognized by the United States department of education.
(2) Until January 1, 2019, a licensee of this chapter who commenced obtaining the education requirements of subsection (1)(a) of this section no earlier than January 1, 2013, and thereafter successfully completed those requirements, may be determined to have satisfied the requirements of subsection (1)(a) of this section as provided in board rule.
(3) The practicum required for certification in clinical nutrition by subsection (1)(b) of this section must commence and be successfully completed after the effective date of this section and pursuant to board rule.
(4) All active chiropractic physicians wishing to obtain certification in clinical nutrition must first successfully complete the education described in subsection (1) of this section.
(5) In order to maintain clinical nutrition certification, a chiropractic physician certified in clinical nutrition must obtain recertification in clinical nutrition every three (3) years pursuant to board rule.
(6) All chiropractic physicians certified in clinical nutrition must maintain a current cardiopulmonary resuscitation (CPR) and basic life support (BLS) certification, as well as have BLS equipment on the chiropractic premises where treatment is being performed.
(7) Prior to providing a course of intravenous or injectable nutrition therapy, chiropractic physicians certified in clinical nutrition must provide to their patients informed consent documentation that explains the benefits and potential risks of the specific course of intravenous or injectable nutrition therapy that is being proposed. The physician must obtain from the patient written voluntary permission to perform the proposed therapy.
[54-717, added 2017, ch. 190, sec. 8, p. 437.]
Recognizing that the practice of dentistry, dental therapy, and dental hygiene is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of dentists, dental therapists, and dental hygienists.
[54-900, added 1991, ch. 147, sec. 1, p. 347; am. 2019, ch. 221, sec. 1, p. 669.]
The practice of dentistry is the doing by one (1) person, for a direct or indirect consideration, of one or more of the following with respect to the teeth, gums, alveolar process, jaws, or adjacent tissues of another person, namely:
Examining for diagnosis, treatment, extraction, repair, replacement, substitution, or correction;
Diagnosing of disease, pain, injury, deficiency, deformity or physical condition;
Treating, operating, prescribing, extracting, repairing, taking impressions, fitting, replacing, substituting, or correcting;
Administering anesthetics or medicaments in connection with any of the foregoing.
[54-901, added 1949, ch. 102, sec. 1, p. 177; am. 1953, ch. 105, sec. 1, p. 138; am. 1957, ch. 81, sec. 1, p. 131; am. 1987, ch. 30, sec. 1, p. 39; am. 1994, ch. 58, sec. 1, p. 99.]
The practice of dental hygiene is the doing by one (1) person for a direct or indirect consideration of one (1) or more of the following with respect to the teeth or dental health of another person, namely, cleaning, polishing, removing stains or concretions; performing nonsurgical periodontal therapy; administering prescribed anesthetics or medicaments; applying preventive agents; performing nonsurgical, clinical and laboratory oral diagnostic tests for interpretation by a dentist; preparation of preliminary records of oral conditions; and such other dental services as specified by the dentist unless prohibited by the board in its adopted rules.
[54-902, added 1949, ch. 102, sec. 2, p. 177; am. 1967, ch. 312, sec. 1, p. 886; am. 1971, ch. 83, sec. 1, p. 181; am. 1994, ch. 58, sec. 2, p. 100.]
The practice of dental therapy is the doing by one (1) person for a direct or indirect consideration of one (1) or more of the following with respect to the teeth or dental health of another person, namely, identifying oral and systemic conditions, performing dental prophylaxis, dispensing and administering nonnarcotic analgesics, anti-inflammatory and antibiotic medications as prescribed by a licensed dentist, applying preventive agents, preparation and placement of direct restorations in primary and permanent teeth, indirect and direct pulp capping on permanent teeth, indirect pulp capping on primary teeth, and such other dental services as specified by the supervising dentist and for which the dental therapist is trained unless prohibited by the board in its adopted rules. The board shall enter into negotiated rulemaking to establish the appropriate levels of supervision for each authorized service or procedure. Except as otherwise specified in this chapter, such services and procedures shall be limited to the discharge of official duties on behalf of the United States government, including through the United States public health service, the Indian health service, or tribal health programs contracted to perform services on behalf of the United States government in a practice setting within the exterior boundaries of a tribal reservation.
[54-902A, added 2019, ch. 221, sec. 2, p. 670.]
As used in this chapter:
(1) "Association" means the Idaho state dental association and the Idaho dental hygienists’ association.
(2) "Board" means the state board of dentistry.
(3) "Conviction" or "convicted" means a finding of guilt by a judge or jury, an entry of a guilty plea by a defendant and its acceptance by the court, a forfeiture of a bail bond or collateral deposited to secure a defendant’s appearance, a judgment of conviction, a suspended sentence, probation, a withheld judgment, or a finding of guilt under the uniform code of military justice.
(4) "Dental assistant" is a person who need not be licensed under this chapter, but who is regularly employed at a dental office, who works under a dentist’s supervision, and is adequately trained and qualified according to standards established by the board to perform the dental services permitted to be performed by assistants by this chapter and applicable rules of the board.
(5) "Dental hygienist" is a person both qualified and licensed by the laws of Idaho to practice dental hygiene.
(6) "Dental specialist" is a dentist who has graduated from a board-approved postgraduate program in the dentist’s specialty and is a person both qualified and licensed by the laws of Idaho to practice a dental specialty recognized by the board.
(7) "Dental therapist" is a person both qualified and licensed by the laws of Idaho to practice dental therapy.
(8) "Dentist" is a person both qualified and licensed by the laws of Idaho to practice dentistry.
(9) "Direct supervision" is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, that a dentist remain in the practice setting while the procedure is performed, and that before dismissal of the patient a dentist approves the work performed by the dental therapist, dental assistant, or dental hygienist.
(10) "Extended access oral health care setting" means and includes:
(a) Dental and dental hygiene treatment and services provided at locations including, but not limited to, a school district, county, state or federal agency, hospital, medical office, long-term care facility, public health district, dental or dental hygiene school, tribal clinic, or federally qualified health center; or
(b) Oral health care programs approved by the board and conducted by or through a nonprofit public or private entity, organized in accordance with section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code, that provide free dental or dental hygiene services to persons who, due to age, infirmity, indigence, disability or other similar reason, may be unable to receive regular dental and dental hygiene treatment. The board may require reapproval of the oral health care programs on an annual basis or at such other times as may be deemed by the board to be necessary or appropriate.
(c) Dental therapy preventative treatment and preventative services provided in a school or long-term care facility in an incorporated city that is wholly or partially within or has a border contiguous to the boundaries of a tribal reservation.
(11) "General supervision" is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist authorize the procedure which is carried out, but not requiring that a dentist be in the practice setting when the authorized procedure is performed.
(12) "Indirect supervision" is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist authorize a procedure and that a dentist be in the practice setting while the procedure is performed by the therapist, assistant, or hygienist.
[54-903, added 1987, ch. 30, sec. 3, p. 40; am. 1994, ch. 58, sec. 3, p. 100; am. 1997, ch. 78, sec. 1, p. 163; am. 2004, ch. 214, sec. 1, p. 647; am. 2004, ch. 217, sec. 1, p. 652; am. 2006, ch. 285, sec. 1, p. 874; am. 2007, ch. 93, sec. 1, p. 274; am. 2010, ch. 235, sec. 37, p. 572; am. 2014, ch. 49, sec. 1, p. 125; am. 2018, ch. 52, sec. 1, p. 135; am. 2018, ch. 53, sec. 1, p. 137; am. 2018, ch. 54, sec. 1, p. 140; am. 2019, ch. 221, sec. 3, p. 670.]
A dental hygienist is authorized to practice under general supervision when:
(1) In a dental office where the dental hygienist works, a dentist has diagnosed the condition to be treated and determined the procedure to be performed, or has authorized a dental hygienist to perform the prescribed treatment; or
(2) In an extended access oral health care setting, the supervising dentist has determined the dental hygiene procedures that may be performed and has issued written orders to a dental hygienist to provide the authorized treatment. The supervising dentist shall be responsible to treat the patient’s dental needs or refer the patient to another dentist for treatment.
[54-904, added 1987, ch. 30, sec. 4, p. 41; am. 1994, ch. 58, sec. 4, p. 101; am. 2004, ch. 214, sec. 2, p. 648; am. 2018, ch. 53, sec. 2, p. 138; am. 2022, ch. 46, sec. 1, p. 135.]
(1) Any person who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dentistry, or who represents himself to be a dentist, within the state of Idaho, without at the time thereof being a dentist, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both.
(2) Each act of practice, or holding out, or representation, shall constitute a separate offense. In addition, a person found guilty of violating the provisions of this section for commercial gain may be assessed a civil penalty by the court, commensurate with the gain realized by the defendant, of up to twenty-five thousand dollars ($25,000) for each violation of the provisions of this section. The civil penalty collected by the court shall be remitted to the general fund of the state.
[54-905, added 1949, ch. 102, sec. 5, p. 177; am. 1981, ch. 215, sec. 3, p. 389; am.1987, ch. 30, sec. 5, p. 41; am. 1994, ch. 58, sec. 5, p. 102; am. 2003, ch. 190, sec. 1, p. 520; am. 2026, ch. 221, sec. 83, p. 967.]
(1) Any person, not a dentist, who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dental hygiene within the state of Idaho without at the time being a licensed dental hygienist, or who performs any act, function, or service permitted a dental hygienist by this act without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both.
(2) Each act of practice, or holding out, or representation shall constitute a separate offense.
[54-906, added 1949, ch. 102, sec. 6, p. 177; am. 1987, ch. 30, sec. 6, p. 41; am. 1994, ch. 58, sec. 6, p. 102; am. 2026, ch. 221, sec. 84, p. 968.]
(1) Any person, not a dentist, who shall practice or in any manner hold himself out to any other person or to the public as qualified or licensed to practice dental therapy within the state of Idaho without at the time being a licensed dental therapist, or who performs any act, function, or service that is permitted a dental therapist by this chapter without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred dollars ($100) nor more than three hundred dollars ($300), or be imprisoned in the county jail for no less than thirty (30) days nor more than six (6) months, or both.
(2) Each act of practice, or holding out, or representation shall constitute a separate offense.
[54-906A, added 2019, ch. 221, sec. 4, p. 671; am. 2026, ch. 221, sec. 85, p. 968.]
There is hereby established in the division of occupational and professional licenses a state board of dentistry to be composed of nine (9) members, five (5) of whom shall be dentists, two (2) of whom shall be dental hygienists, one (1) of whom shall be a licensed denturist or, if a licensed denturist is not available for appointment, such other person whom shall be experienced in the making, fitting, constructing, altering, reproducing, or repairing of prosthetics, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of dental services. Board members shall be appointed by the governor and shall serve at the pleasure of the governor. The term of office of a member of the board shall be five (5) years, or until his successor has been named, whichever is later. A vacancy in membership of the board shall occur whenever the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy occurring for some reason other than expiration of term of office shall be made for the unexpired term that is being filled.
[54-907, added 1967, ch. 312, sec. 4, p. 886; am. 1974, ch. 13, sec. 88, p. 138; am. 1981, ch. 215, sec. 4, p. 392; am. 1983, ch. 126, sec. 1, p. 321; am. 1990, ch. 425, sec. 1, p. 1174; am. 1991, ch. 147, sec. 2, p. 347; am. 1994, ch. 58, sec. 7, p. 102; am. 2002, ch. 82, sec. 1, p. 185; am. 2016, ch. 340, sec. 10, p. 936; am. 2021, ch. 222, sec. 8, p. 625; am. 2026, ch. 298, sec. 1, p. 1225.]
(1) The governor may consider recommendations for appointment to the board from the Idaho state dental association and from any individual residing in this state. For the purposes of nominations and appointments, the state shall be divided by the association into four (4) components and nominations and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dentist member.
(2) The governor may also consider recommendations for appointment to the board from the Idaho dental hygienists’ association and from any individual residing in this state. For the purposes of appointments, the state shall be divided by the Idaho dental hygienists’ association into two (2) components and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dental hygienist member.
[54-908, added 1967, ch. 312, sec. 5, p. 886; am. 1981, ch. 215, sec. 5, p. 392; am. 1983, ch. 126, sec. 2, p. 322; am. 1986, ch. 35, sec. 2, p. 109; am. 1990, ch. 425, sec. 2, p. 1175; am. 1991, ch. 147, sec. 3, p. 348; am. 1994, ch. 58, sec. 8, p. 103; am. 2016, ch. 340, sec. 11, p. 937.]
Each professional member of the board shall hold a current, active Idaho license and shall be a resident of the state of Idaho. The consumer member of the board must be a resident of the state of Idaho and shall be representative of the public consumers of dental care services.
[54-909, added 1967, ch. 312, sec. 6, p. 886; am. 1981, ch. 215, sec. 6, p. 393; am. 1983, ch. 126, sec. 3, p. 323; am. 1991, ch. 147, sec. 4, p. 349; am. 1994, ch. 58, sec. 9, p. 104.; am. 2026, ch. 298, sec. 2, p. 1226.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-910, added 2021, ch. 224, sec. 36, p. 673.]
The board of dentistry shall select from its dentist members a chairman who shall serve at the pleasure of the board. The board may meet at stated times and shall meet upon the call of its chairman or a majority of the members. It shall keep minutes of its meetings and actions thereat. Five (5) members, three (3) of whom must be dentists and two (2) of whom must be nondentists, shall constitute a quorum, and the vote of the majority of the members present at a meeting at which a quorum is present shall determine the action of the board.
Out of any appropriation applicable to the administration of this chapter, each member of the board shall be compensated as provided by section 59-509(p), Idaho Code.
[54-911, added 1949, ch. 102, sec. 11, p. 177; am. 1963, ch. 55, sec. 1, p. 219; am. 1967, ch. 312, sec. 8, p. 886; am. 1976, ch. 177, sec. 1, p. 641; am. 1980, ch. 247, sec. 56, p. 621; am. 1981, ch. 215, sec. 7, p. 393; am. 1991, ch. 147, sec. 5, p. 350; am. 1994, ch. 58, sec. 11, p. 105; am. 1996, ch. 237, sec. 1, p. 767; am. 2014, ch. 121, sec. 1, p. 344; am. 2018, ch. 55, sec. 1, p. 141.]
The board shall have the following powers and duties:
(1) To ascertain the qualifications and fitness of applicants to practice dentistry, a dental specialty, dental therapy, dental hygiene, or denturitry and to require and accept passing results of written and clinical examinations from approved dental, dental therapy, dental hygiene, and denturitry testing organizations;
(2) To prescribe rules for a fair and wholly impartial method of licensure and examination of applicants to practice dentistry, a dental specialty, dental therapy, dental hygiene, or denturitry;
(3) To define by rule what shall constitute accepted and approved schools, colleges, institutions, universities, or departments thereof for the teaching of dentistry, dental therapy, dental hygiene, or denturitry and to determine, accept, and approve those that comply therewith;
(4) To promulgate other rules required by law or necessary or desirable for its enforcement and administration and to define unprofessional conduct or practices injurious to the public;
(5) To inspect or cause to be inspected the offices or operating rooms of all persons licensed pursuant to this chapter or chapter 33, title 54, Idaho Code;
(6) Upon its own motion or upon any complaint, to initiate and conduct investigations on all matters relating to the practice of dentistry, dental therapy, dental hygiene, or denturitry and to conduct hearings or proceedings on its own or through its designated hearing officer to revoke, suspend, or otherwise condition licenses of persons practicing dentistry, dental therapy, dental hygiene, or denturitry on such terms as the board shall deem appropriate; and
(7) To establish by rule reasonable fees for administrative costs and to assess costs reasonably and necessarily incurred in the enforcement of this chapter when a licensee has been found to be in violation of this chapter.
[54-912, added 2026, ch. 298, sec. 4, p. 1226.]
(1) All licenses to practice dentistry, dental therapy, dental hygiene, or denturitry shall be issued by the division of occupational and professional licenses in the name of the board.
(2) The board shall keep a record of all applicants for licensure to qualify as a dentist, dental therapist, dental hygienist, or denturist; of applicants rejected on application or examination with the reason for rejection; of licenses issued; and of actively licensed dentists, dental therapists, dental hygienists, and denturists.
[54-913, added 1949, ch. 102, sec. 13, p. 177; am. 1967, ch. 312, sec. 10, p. 886; am. 1974, ch. 13, sec. 90, p. 138; am. 1987, ch. 30, sec. 7, p. 42; am. 1994, ch. 58, sec. 13, p. 107; am. 2006, ch. 285, sec. 2, p. 875; am. 2019, ch. 221, sec. 6, p. 673; am. 2026, ch. 298, sec. 5, p. 1227.]
No person hereafter shall be eligible for licensure to practice dentistry, dental therapy, or dental hygiene in this state unless the applicant:
(1) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, unless the person demonstrates that he has been sufficiently rehabilitated to warrant the public trust;
(2) Shall, for dentistry, have successfully completed the course of study in dentistry, and graduated and received a degree of doctor of dental surgery or doctor of dental medicine from a dental school accepted and approved by the board;
(3) Shall, for dental therapy, have:
(a) Successfully completed a course of study in dental therapy;
(b) Graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association, provided that such school has been accepted and approved by the board; and
(c) Completed five hundred (500) hours of supervised clinical practice under the direct supervision of a dentist;
(4) Shall, for dental hygiene, have successfully completed the course of study in dental hygiene, and received a degree from a dental hygiene school accepted and approved by the board;
(5) Shall, for dentistry, dental therapy, and dental hygiene, pass the examinations provided for in section 54-918, Idaho Code.
[54-915, added 1949, ch. 102, sec. 15, p. 177; am. 1963, ch. 56, sec. 1, p. 220; am. 1967, ch. 312, sec. 12, p. 886; am. 1991, ch. 15, sec. 1, p. 32; am. 1991, ch. 147, sec. 7, p. 352; am. 1994, ch. 58, sec. 15, p. 108; am. 2003, ch. 160, sec. 2, p. 453; am. 2014, ch. 121, sec. 3, p. 345; am. 2019, ch. 221, sec. 7, p. 673; am. 2020, ch. 175, sec. 16, p. 520; am. 2022, ch. 246, sec. 9, p. 794.]
Any person desiring to practice dentistry, a dental specialty, dental therapy, or dental hygiene within the state of Idaho shall make an application for licensure in dentistry, a dental specialty, dental therapy, or dental hygiene, as the case may be, on forms furnished by the board, which forms shall call for information from the applicant as shall show his full, true name and that he possesses all the qualifications required by law for the license applied for. The application and supporting instruments as shall be required, together with payment of an application fee of not more than three hundred dollars ($300) for dentists, the fee to be set by the rules of the board and not more than two hundred fifty dollars ($250) for dental therapists and dental hygienists, the fee to be set by the rules of the board, and not more than six hundred dollars ($600) for dental specialists, the fee to be set by the rules of the board, shall be filed with the board at a sufficient time to permit the board to investigate the applicant in order to determine he has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code, and his possession of the other qualifications for licensure. The fee shall not be refunded.
[54-916, added 1949, ch. 102, sec. 16, p. 177; am. 1967, ch. 312, sec. 13, p. 886; am. 1976, ch. 176, sec. 1, p. 639; am. 1986, ch. 35, sec. 4, p. 112; am. 1991, ch. 15, sec. 2, p. 32; am. 1994, ch. 58, sec. 16, p. 108; am. 2019, ch. 221, sec. 8, p. 674; am. 2022, ch. 246, sec. 10, p. 794.]
The board may issue a license to practice dental hygiene without further examination to an applicant upon evidence that:
(1) The applicant currently holds an active license in good standing to practice dental hygiene in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
(2) The applicant has been licensed for at least one (1) year and the applicant has practiced a minimum of one thousand (1,000) hours in the two (2) years immediately preceding the date of application;
(3) The applicant has graduated from a dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
(4) The applicant has successfully completed a board approved clinical examination;
(5) The applicant has successfully completed the national board dental hygiene examination; and
(6) The applicant has paid the application fee as set by board rule.
[54-916A, added 1992, ch. 3, sec. 1, p. 8; am. 1997, ch. 81, sec. 1, p. 192; am. 2014, ch. 121, sec. 4, p. 346.]
The board may issue a license to practice dentistry without further examination upon evidence that:
(1) The applicant currently holds an active license in good standing to practice dentistry in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
(2) The applicant has been in clinical practice at least five (5) years immediately preceding the date of application for a minimum of three thousand five hundred (3,500) hours;
(3) The applicant has graduated from a dental school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
(4) The applicant has successfully completed the national board dental examinations;
(5) The applicant has successfully completed a board-approved clinical examination; and
(6) The applicant has paid the application fee as set by board rule.
[54-916B, added 1997, ch. 95, sec. 1, p. 224; am. 2014, ch. 121, sec. 5, p. 346; am. 2018, ch. 170, sec. 1, p. 378.]
The board may issue a license to practice dental therapy without further examination to an applicant upon evidence that:
(1) The applicant currently holds an active license in good standing to practice dental therapy in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
(2) The applicant has been in clinical practice at least two (2) years and has practiced a minimum of two thousand (2,000) hours in the three (3) years immediately preceding the date of application;
(3) The applicant has graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
(4) The applicant has successfully completed board-approved examinations; and
(5) The applicant has paid the application fee as set by board rule.
[54-916C, added 2019, ch. 221, sec. 9, p. 674.]
(1) An applicant for licensure shall pass such examinations in dentistry, dental therapy, dental hygiene, or denturitry as are approved by the board.
(2) Examinations shall be written or clinical, or both, and shall thoroughly test the fitness and ability of the applicant to practice dentistry, dental therapy, dental hygiene, or denturitry, as determined by the board.
(3) The board shall report and record the names of applicants who pass the examinations required pursuant to this section.
[54-918, added 2026, ch. 298, sec. 7, p. 1227.]
In the event the board finds prior to the issuance of a certificate of qualification that an applicant, whether or not receiving a passing grade in the examination, has made any false statement with intent to mislead or deceive the board or its members in or in connection with his application, or has cheated or attempted to cheat in examination, such applicant shall be denied a certificate of qualification and shall be notified in writing with the reasons, the facts and the date and means of notification shall be recorded by the board.
In the event of such finding, subsequent to the issuance of a certificate of qualification, proceedings may be maintained to revoke such certificate and any license outstanding, on such ground.
[54-919, added 1949, ch. 102, sec. 19, p. 177; am. 1967, ch. 312, sec. 16, p. 886; am. 1994, ch. 58, sec. 19, p. 110; am. 2006, ch. 285, sec. 3, p. 875.]
(1) Each person determined by the board as qualified for licensure under this chapter shall pay the prescribed biennial license fee to the board prior to issuance of a license. The board may prorate the amount of the license fee from the date of issuance of the license until the beginning date of the next applicable biennial licensing period at the discretion of the board. A license issued by the board shall expire unless renewed in the manner specified in section 67-2614, Idaho Code.
(2) The nonrefundable biennial license fees shall be fixed by the board, but shall not exceed the following amounts:
(a) Four hundred dollars ($400) for a dentist with an active status;
(b) Two hundred dollars ($200) for a dentist with an inactive status;
(c) Three hundred dollars ($300) for a dental therapist with an active status;
(d) One hundred fifty dollars ($150) for a dental therapist with an inactive status;
(e) Two hundred twenty dollars ($220) for a dental hygienist with an active status;
(f) One hundred twelve dollars ($112) for a dental hygienist with an inactive status; or
(g) Four hundred dollars ($400) for a dentist with a specialist status.
(3) A license issued by the board shall be renewed as prescribed in this section. Prior to the expiration of the effective period of a license, the board shall provide notice of renewal to the licensee’s address of record on file with the board. To renew a dental license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to September 30 of every even-numbered calendar year. To renew a dental hygiene license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to March 31 of each odd-numbered calendar year. Each licensee determined by the board as qualified for renewal of a license shall be issued a license for the applicable biennial licensing period.
(4) Failure to timely submit a complete renewal application and license fee shall result in expiration of the license and termination of the licensee’s right to practice. Failure to submit a complete renewal application, license fee and fifty dollar ($50.00) late fee within thirty (30) days of expiration of the license shall result in cancellation of the license.
(5) Any person who delivers a check or other payment to the board that is returned to the board unpaid by the financial institution upon which it was drawn shall pay to the board as an administrative cost, in addition to any other amount owing, the amount of fifty dollars ($50.00). Following notification by the board of the returned check or other payment, the person shall make payment of all moneys owing to the board by certified check or money order within thirty (30) days of the date of notification. A failure to submit the necessary remittance within the thirty (30) day period may result in the expiration of a license or constitute grounds for the board to deny, cancel, suspend or revoke a license.
(6) The board of dentistry may issue different classes of licenses as defined in this subsection.
(a) The term "license with active status" means a license issued by the board to a qualified person who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.
(b) The term "license with an inactive status" means a license issued by the board to a qualified person who is not authorized to be an active practitioner of dentistry, dental therapy, or dental hygiene in the state of Idaho. A person issued a license with an inactive status is not entitled to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.
(c) The terms "license with special status" and "license with provisional status" mean licenses issued by the board to a qualified person on a provisional, conditional, restricted or limited basis under the terms of which the licensee is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to conditions, limitations and requirements imposed by the board. The conditions, limitations and requirements imposed by the board may include, but are not limited to, a limitation on the effective period of the license, a requirement that specific conditions must be fulfilled in order for the license to remain effective, a requirement that specified education, examinations and skills testing be successfully completed during the effective period of the license, a restriction on the scope of permissible services that the licensee is authorized to perform, a restriction on the type of patients for whom treatment may be rendered and a restriction on the locations at which the licensee can perform authorized services.
(7)(a) The board may issue a license with active status to any qualified applicant or qualified licensee who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho. Renewal of a license with active status requires compliance with requirements specified in rule.
(b) The board may issue a license with inactive status to any qualified applicant or qualified licensee who fulfilled the licensure requirements but does not practice in the state of Idaho. Renewal of a license with inactive status requires compliance with requirements specified in rule.
(c) The board may issue a license with provisional status or special status to any person who fulfills, or substantially fulfills, the applicable licensure requirements when the board, acting in its discretion, determined that special circumstances existed which, for the protection of the public health, safety and welfare, required that specific conditions, restrictions or limitations be imposed on the license. A license with special status or provisional status entitles the holder thereof to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to the conditions, restrictions and limitations specifically determined by the board and for the period of time prescribed. A provisional license is effective for the period specified by the board and may not be renewed. The board shall develop rules to include definitions, application and renewal requirements, limitations of practice and other conditions regarding provisional and special status licenses.
(d) The board may convert a license with inactive status to a license with active status in the event the holder pays the license fee prescribed for licenses with active status and submits to the board satisfactory evidence of:
(i) Compliance with the requirements of this chapter and all rules promulgated under the provisions of this chapter;
(ii) Good professional conduct; and
(iii) Completion of accumulated continuing education as required of a license with uninterrupted active status.
(e) Persons unable to otherwise fully meet the requirements for conversion of an inactive status license to an active status license must apply as a first-time applicant.
(8) Each person licensed under this chapter shall notify the board in writing of any change in the person’s name or address of record within thirty (30) days after the change has taken place.
[54-920, added 1981, ch. 215, sec. 9, p. 394; am. 1986, ch. 35, sec. 6, p. 113; am. 1987, ch. 30, sec. 8, p. 42; am. 1990, ch. 425, sec. 3, p. 1176; am. 1991, ch. 15, sec. 3, p. 33; am. 1991, ch. 147, sec. 9, p. 353; am. 1994, ch. 58, sec. 20, p. 110; am. 2006, ch. 285, sec. 5, p. 875.; am. 2014, ch. 121, sec. 7, p. 347; am. 2015, ch. 56, sec. 1, p. 147; am. 2017, ch. 57, sec. 1, p. 88; am. 2019, ch. 221, sec. 11, p. 675; am. 2022, ch. 246, sec. 11, p. 795; am. 2024, ch. 86, sec. 7, p. 392.]
(1) A license that has been canceled for less than two (2) years may be reinstated by submitting all required application and license fees and submitting evidence of completion of all required continuing education hours.
(2) A license that has been canceled for more than two (2) years may be reinstated by satisfying the license requirements of a first-time applicant for licensure and submitting all required application and license fees.
[54-921, added 1949, ch. 102, sec. 21, p. 177; am. 1967, ch. 312, sec. 18, p. 886; am. 1981, ch. 215, sec. 10, p. 396; am. 1994, ch. 58, sec. 21, p. 113; am. 2003, ch. 160, sec. 4, p. 454; am. 2006, ch. 285, sec. 6, p. 879.; am. 2015, ch. 56, sec. 2, p. 150.]
No person shall practice dentistry, dental therapy, or dental hygiene unless he either has on display in his office an unrevoked and unsuspended license for the time period in which he shall practice or has the same immediately producible upon request.
[54-922, added 1949, ch. 102, sec. 22, p. 177; am. 1967, ch. 312, sec. 19, p. 886; am. 1994, ch. 58, sec. 22, p. 114; am. 2006, ch. 285, sec. 7, p. 879; am. 2019, ch. 221, sec. 12, p. 677.]
A certificate or other evidence of qualification and right to practice dentistry, a dental specialty, dental therapy, or dental hygiene, and a license, may be revoked by the board whenever it shall be shown to the board that the holder of such certificate or other evidence of qualification, right to practice or license has been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, whether such conviction shall have occurred before or after qualification, or accrual of such right, or the issuance of such certificate or other evidence of qualification, or of such license. A person licensed to practice dentistry, a dental specialty, dental therapy, or dental hygiene who is convicted of a felony in any jurisdiction shall notify the board within thirty (30) days of conviction by submitting a copy of the judgment of conviction to the board.
[54-923, added 1949, ch. 102, sec. 23, p. 177; am. 1967, ch. 312, sec. 20, p. 886; am. 1981, ch. 215, sec. 11, p. 396; am. 1986, ch. 35, sec. 7, p. 116; am. 1994, ch. 58, sec. 23, p. 114; am. 2006, ch. 285, sec. 8, p. 879; am. 2007, ch. 93, sec. 2, p. 275; am. 2015, ch. 45, sec. 1, p. 98; am. 2019, ch. 221, sec. 13, p. 677; am. 2020, ch. 175, sec. 17, p. 521.]
The board may refuse to issue or renew a dental license or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental license as the board may deem proper, including administrative penalties not to exceed ten thousand dollars ($10,000) per violation and assessment of the costs of disciplinary proceedings in the event a dentist shall:
(1) Intentionally misstate or fail fully to disclose a fact material to determination of fitness and qualification in an application for licensure to practice dentistry or cheat in an examination to practice dentistry; or procure a certificate or finding of qualification to practice dentistry or subsequently a license by false, fraudulent or deceitful means or in any other name than his own true name; or
(2) Practice dentistry under any name other than his own true name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code; or
(3) Practice or in any manner or by any means or at any place hold out or represent himself as practicing dentistry in or under the name of, or as a member, representative, agent or employee of, or in connection with, any company, association, or corporation, or under any trade, fictitious or business name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code, except for:
(a) A dentist practicing dentistry and providing dentistry services to prisoners in the custody of the Idaho department of correction as an employee of:
(i) The state of Idaho;
(ii) A contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or
(iii) A subcontractor for a contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or
(b) A dentist practicing dentistry as an employee or contracting dentist providing dentistry services to any health center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or
(4)(a) Make, or cause to be made, or assist in making, any fraudulent, false, or misleading statement as to his own or an employee’s, associate’s, or other dentist’s, dental therapist’s, or dental hygienist’s skill or lack of skill, or method of practice; or
(b) Claim to practice dentistry without causing pain; or
(c) Claim superiority over other dentists; or
(d) Publish, advertise, or circulate reports, letters, certificates, endorsements, or evidence of cures or corrections of dental conditions by such dentist, his employee, or his associate by reason of his or their skill, experience, or ability or of his or their use of any system, method, technique, device, drug, medicine, material, manipulation or machine; or
(e) Advertise the use of, or use, any system, method, technique, device, drug, medicine, material or machine that is either falsely advertised or misnamed; or
(5) Use intoxicants or drugs to such a degree as to render him unfit to practice; or
(6) Commit malpractice, that is, to provide dental care that fails to meet the standard of dental care provided by other qualified dentists in the same community or similar communities, taking into account his training, experience and the degree of expertise to which he holds himself out to the public; or
(7) Engage in unprofessional conduct, as defined by board rules; or
(8) Advertise in such way as to deceive or defraud, or probably deceive or defraud, the public or patrons; or
(9) Employ or permit any person not a dentist to practice dentistry, or any person not a dentist or dental therapist to practice dental therapy, or any person not a dentist or dental hygienist to practice dental hygiene, in his office or under his control or direction; or
(10) Fail, neglect or refuse to keep his office or equipment, or otherwise conduct his work, in accordance with current state and federal laws, rules and regulations; or
(11) Violate any other provisions of law or rules adopted by the board; or
(12) Falsely identify himself to the public as a specialist in a specialty area of dentistry as defined by rule; or
(13) Engage in the practice of dentistry as a member, stockholder, employee, director, partner or proprietor in any business entity in which a person, not duly licensed to practice dentistry in this state, holds an ownership interest. The provisions of this subsection shall not apply to:
(a) Such engagement in a limited managed care plan pursuant to chapter 39, title 41, Idaho Code;
(b) A dentist practicing dentistry and providing dentistry services to prisoners in the custody of the Idaho department of correction as an employee of:
(i) The state of Idaho;
(ii) A contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or
(iii) A subcontractor for a contractor under contract as defined by section 67-9203, Idaho Code, with the state of Idaho; or
(c) A dentist practicing dentistry for any health care center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or
(14) Supervise more than three (3) dental therapists; or
(15) Require directly, or as a member, representative, contracted agent, or employee of or in connection with any company, association, corporation, or partnership, that a patient sign an agreement limiting his right or ability to file a complaint with the board.
[54-924, added 1949, ch. 102, sec. 24, p. 177; am. 1963, ch. 336, sec. 1, p. 963; am. 1967, ch. 312, sec. 21, p. 886; am. 1971, ch. 83, sec. 4, p. 181; am. 1981, ch. 215, sec. 12, p. 397; am. 1986, ch. 35, sec. 8, p. 116; am. 1987, ch. 30, sec. 9, p. 44; am. 1994, ch. 58, sec. 24, p. 114; am. 2006, ch. 285, sec. 9, p. 879; am. 2013, ch. 281, sec. 1, p. 730; am. 2014, ch. 121, sec. 8, p. 350; am. 2019, ch. 221, sec. 14, p. 678; am. 2021, ch. 7, sec. 4, p. 8; am. 2022, ch. 34, sec. 1, p. 93.]
The certificate or other evidence of qualification, and the right to practice dental hygiene and the license of any dental hygienist may be revoked, suspended or otherwise conditioned by the board in the event such dental hygienist shall do, in respect to the practice of dental hygiene, or as a dental hygienist, any of the things or acts set forth in section 54-924, Idaho Code; Provided, however, that notwithstanding any provisions of section 54-924, Idaho Code, a dental hygienist shall not practice otherwise than as provided in section 54-904, Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board.
The board may refuse to issue or renew a dental hygiene license, or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental hygiene license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings.
[54-925, added 1949, ch. 102, sec. 25, p. 177; am. 1967, ch. 312, sec. 22, p. 886; am. 1994, ch. 58, sec. 25, p. 116; am. 2006, ch. 285, sec. 10, p. 881.]
The certificate or other evidence of qualification, and the right to practice dental therapy and the license of any dental therapist, may be revoked, suspended, or otherwise conditioned by the board in the event such dental therapist shall do, in respect to the practice of dental therapy, or as a dental therapist any of the things or acts set forth in section 54-924, Idaho Code. Notwithstanding any provisions of section 54-924, Idaho Code, a dental therapist shall not practice otherwise than as provided in section 54-902A, Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board. The board may refuse to issue or renew a dental therapist license, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action with respect to a dental therapy license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings.
[54-926, added 2019, ch. 221, sec. 15, p. 679.]
This act shall not be construed as prohibiting a physician or surgeon, duly authorized to practice as such in this state, from treating diseases of the mouth or performing operations in oral surgery; nor as prohibiting persons authorized by the laws of another state, territory or country to practice dentistry or dental hygiene therein, or persons teaching in approved dental, dental therapy, or dental hygiene schools, from making clinical demonstrations before meetings of dentists, dental therapists, or dental hygienists in Idaho; nor as prohibiting any person from performing merely mechanical work upon inert matter in a dental laboratory; nor to prohibit students in approved dental, dental therapy, or dental hygiene schools from practicing dentistry, dental therapy, or dental hygiene therein as part of their training or education.
[54-930, added 1949, ch. 102, sec. 30, p. 177; am. 1963, ch. 56, sec. 2, p. 220; am. 2019, ch. 221, sec. 16, p. 679.]
The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act. Such action shall be brought in the district court of the county in which such acts or some of them are claimed to have been or are being committed, by filing a verified complaint setting forth said acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of said act or acts by the defendant be established, and the court further find that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from thereafter committing said or similar acts.
[54-933, added 1949, ch. 102, sec. 33, p. 177; am. 1967, ch. 312, sec. 25, p. 886.]
(1) The state board of dentistry or the Idaho state dental association or both may establish one (1) or more peer review committees pursuant to this section, for the purpose of:
(a) Determining the relevancy of a dentist’s usual and reasonable fees or treatment procedure to the terms of a contract;
(b) Assessing the quality of services rendered; or
(c) Evaluating claims against dentists or engaging in underwriting decisions in connection with professional liability insurance coverage for dentists.
(2) The board or the associations, any one (1) of which has established a peer review committee pursuant to law, any committee member or any staff member of either the board or of the associations assisting a peer review committee, and any witness or consultant appearing before or presenting information to a peer review committee shall be immune from liability in any civil action brought as a result of a peer review investigation or proceeding conducted by a peer review committee, if the board, association, committee or staff member, witness or consultant, acts in good faith within the scope of the function of the committee, has made a reasonable effort to obtain the facts of the matter as to which the board or association or he acts, in the reasonable belief that the action taken is warranted by the facts.
(3) Any entity, organization or person acting without malice in making any report or other information available to a peer review committee, or who assists in the origination, investigation or preparation of that information, or assists a committee in carrying out any of its duties or functions, shall be immune from civil liability for any such actions.
(4) Any communications or information relating to peer committee investigations or proceedings as provided by law, and the proceedings and records of the committee related to them, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless exempt from disclosure in that chapter and title, and shall not be subject to discovery or introduced into evidence in any civil action against a dentist arising out of matters which are the subject of evaluation and review by the committee.
[54-934, added 1986, ch. 331, sec. 1, p. 815; am. 1987, ch. 30, sec. 10, p. 46; am. 1990, ch. 213, sec. 75, p. 540; am. 1994, ch. 58, sec. 27, p. 117; am. 1999, ch. 30, sec. 15, p. 59; am. 2015, ch. 141, sec. 135, p. 481.]
(1) Upon application and qualification, the board may issue, without examination, a volunteer’s license to a dentist, dental therapist, or dental hygienist who is retired from the active practice of dentistry, dental therapy, or dental hygiene to enable the retired dentist, dental therapist, or dental hygienist to provide dental, dental therapy, or dental hygiene services at specified locations to persons who, due to age, infirmity, indigence or disability, are unable to receive regular dental treatment.
(2) For purposes of this section, a dentist, dental therapist, or dental hygienist previously holding a dental, dental therapist, or dental hygiene license with active status in Idaho or another state shall be considered to be retired if, prior to the date of application for a volunteer’s license, he has surrendered or allowed his license with active status to expire with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, he has converted his license with active status to a license with inactive status with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, or he has converted his license with active or inactive status to a license with retirement or similar status that proscribed the active practice of dentistry, dental therapy, or dental hygiene. A dentist, dental therapist, or dental hygienist whose dental, dental therapy, or dental hygiene license had been restricted, suspended, revoked, surrendered, resigned, converted, or allowed to lapse or expire as the result of disciplinary action or in lieu of disciplinary action being taken shall not be eligible for a volunteer’s license.
(3) An application for a volunteer’s license shall include, but not be limited to, the following:
(a) Verification of graduation from a dental, dental therapy, or dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
(b) Verification from each state board in which the applicant was licensed that the applicant maintained his dental, dental therapy, or dental hygiene license in good standing without disciplinary action that restricted the applicant’s license or resulted in the applicant’s license being placed on probation, suspended, revoked or being surrendered, resigned or otherwise allowed to lapse or expire in lieu of disciplinary action;
(c) Verification that the applicant held a dental, dental therapy, or dental hygiene license in good standing in Idaho or another state as of the date upon which the dentist, dental therapist, or dental hygienist became retired;
(d) Verification that the applicant held an active status dental, dental therapy, or dental hygiene license in good standing in Idaho or another state within five (5) years of the date of application for a volunteer’s license, provided that the board may waive the five (5) year requirement in the event that the applicant demonstrates he possesses the knowledge and skills requisite to the practice of dentistry, dental therapy, or dental hygiene by successfully completing such examinations as are required by the board; and
(e) A notarized statement from the applicant on a form prescribed by the board, that the applicant will not provide any dental, dental therapy, or dental hygiene services to any person or at any location other than as permitted by this section and that the applicant will not accept any amount or form of remuneration, other than as reimbursement for the amount of actual expenses incurred as a volunteer dentist, dental therapist, or dental hygienist, for any dental, dental therapy, or dental hygiene services provided under the authority of a volunteer’s license.
(4) For purposes of this section, the specified locations at which a dentist, dental therapist, or dental hygienist holding a volunteer’s license may provide dental, dental therapy, or dental hygiene services shall be limited to the premises or sites of extended access oral health care settings. The dental services provided in an extended access oral health care setting by a dentist holding a volunteer’s license shall not require or include the administration of general anesthesia or moderate sedation to a patient unless otherwise specifically approved in advance by the board.
(5) A volunteer’s license shall be valid for that period specified for dentists, dental therapists, and dental hygienists in section 54-920, Idaho Code, and may be renewed upon application of the licensee unless the license has been revoked in accordance with this section. The board shall maintain a register of all dentists, dental therapists, and dental hygienists who hold a volunteer’s license. The board shall not charge an application or licensing fee for issuing or renewing a volunteer’s license. A volunteer’s license cannot be converted to a license with active, inactive, provisional or special status.
(6) The board may revoke a volunteer’s license upon receiving proof satisfactory to the board that the holder of a volunteer’s license provided dental, dental therapy, or dental hygiene services outside the permissible scope of the volunteer’s license or that grounds existed for enforcement or disciplinary action against the holder of a volunteer’s license under other sections of this chapter or the administrative rules promulgated under this chapter.
(7) When practicing dentistry, dental therapy, or dental hygiene within the permissible scope of a volunteer’s license, the holder of a volunteer’s license issued pursuant to this section shall be immune from liability for any civil action arising out of the provision of volunteer dental, dental therapy, or dental hygiene services. This section does not provide or extend immunity to a holder of a volunteer’s license for any acts or omissions constituting negligence.
[54-935, added 2004, ch. 215, sec. 1, p. 648; am. 2007, ch. 94, sec. 1, p. 275; am. 2010, ch. 235, sec. 38, p. 573; am. 2018, ch. 53, sec. 3, p. 138; am. 2019, ch. 221, sec. 18, p. 680.]
In the case of the death of a sole proprietor dentist, the provisions of this chapter shall not be construed as prohibiting the personal representative, executor, surviving spouse or surviving heir of the dentist, upon notification to the state board of dentistry, from continuing to operate the dental practice of the deceased for a period of not more than six (6) months following death. An additional six (6) month period of operation shall be allowed upon approval of the board pursuant to rules as adopted by the board. This exception shall only apply where during such period of time there is a good faith effort being made to sell the dental practice and that all the decisions pertaining to the diagnosis, care and treatment of the patients are made by a dentist licensed and authorized to practice pursuant to the provisions of this chapter. For purposes of this section, "sole proprietor dentist" means a dentist who solely owns a dental practice, regardless of the type of legal entity under which it is operated.
[54-936, added 2008, ch. 170, sec. 1, p. 470.]
The 2023 National Electrical Code, NFPA 70, is hereby adopted by the Idaho legislature. The 2023 National Electrical Code, NFPA 70, together with any amendments, revisions, or modifications by the Idaho electrical board through negotiated rulemaking shall collectively constitute and be named the Idaho electrical code. All installations in the state of Idaho of wires and equipment to convey electric current and installations of apparatus to be operated by such current, except as provided in this chapter, shall be made substantially in accord with the Idaho electrical code.
[54-1001, added 2023, ch. 244, sec. 2, p. 745.]
(1) The provisions of this chapter relating to state inspection, except as provided in section 54-1001C, Idaho Code, shall not apply:
(a) Within cities or counties that, by ordinance or building code, prescribe the manner in which wires or equipment to convey current and apparatus to be operated by such current shall be installed, provided that the provisions of the Idaho electrical code are used as the standard in the preparation of such ordinances or building codes and provided that actual inspections are made; or
(b) Within cities or counties that receive inspections from another city or county that conducts inspections pursuant to paragraph (a) of this subsection, provided that the provisions of the Idaho electrical code shall be used as the standard for such inspections.
(2) A city or county that conducts electrical code enforcement inspections shall do so only in compliance with the provisions of this section.
(3) A city or county that has not previously instituted and implemented an electrical code enforcement program prior to the effective date of this act may elect to implement such a program by passing an ordinance evidencing the intent to do so. A city or county may contract with a public or private entity to administer its electrical code enforcement program pursuant to the provisions of this section.
(4) A city or county that chooses to conduct its own electrical code enforcement inspections or to receive such inspections from another city or county shall provide the division of occupational and professional licenses notice of such decision in writing at least thirty (30) days prior to implementation.
(5) A city or county that terminates a permitting and inspection program established pursuant to this section shall notify the division of occupational and professional licenses in writing of its intent to terminate such program. Upon termination of a city or county permitting and inspection program, the division of occupational and professional licenses shall provide electrical code enforcement services in the jurisdiction for a minimum of one (1) year.
[54-1001B, added 1961, ch. 311, sec. 3, p. 583; am. 2023, ch. 244, sec. 3, p. 745; am. 2024, ch. 54, sec. 1, p. 268.]
The administrator of the division of occupational and professional licenses may make electrical inspections within any city upon written request from the mayor or manager of such city. Such inspections shall be made in accordance with the local ordinance or building code. Service of the inspector shall be furnished at cost, such cost to be paid monthly to the administrator by the city requesting inspection service.
[54-1001C, added 1961, ch. 311, sec. 3, p. 583; am. 1974, ch. 39, sec. 78, p. 1023; am. 1996, ch. 421, sec. 39, p. 1430; am. 2023, ch. 15, sec. 33, p. 92.]
(1) Notwithstanding the exemption provided in subsection (1)(c) of section 54-1016, Idaho Code, the administrator of the division of occupational and professional licenses may make electrical inspections of any modular building upon written request from the manufacturer.
(a) Inspections shall be made in accordance with the codes adopted in this chapter.
(b) Inspection fees shall be as provided in section 39-4303, Idaho Code.
(c) The administrator may issue electrical permits for the installation of electrical equipment, conductors and apparatus in modular buildings.
(2) The administrator of the division of occupational and professional licenses is hereby authorized to make inspections of electrical installations as set forth herein and to issue inspection results covering such installations.
[54-1001D, added 2004, ch. 250, sec. 4, p. 719; am. 2007, ch. 252, sec. 7, p. 744; am. 2018, ch. 208, sec. 2, p. 461; am. 2023, ch. 15, sec. 34, p. 93.]
(1) It shall be unlawful for any person, partnership, company, firm, association or corporation to act, or attempt to act, as an electrical contractor or limited electrical contractor in this state until such person, partnership, company, firm, association or corporation shall have received a license as an electrical contractor or limited electrical contractor, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses.
(2) It shall be unlawful for any person to act as a residential, journeyman, or master electrician in this state until such person shall have received a license as a residential, journeyman, or master electrician, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, provided, however, that any person who has been issued a master electrician’s license pursuant to this chapter may act as a residential electrician or journeyman electrician.
(3) It shall be unlawful for any person to act as a limited electrical installer in this state until such person shall have received a license as a limited electrical installer, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, provided however, that any person who has been issued a master electrician’s license or a journeyman electrician’s license pursuant to this chapter may act as a limited electrical installer.
(4) It shall be unlawful for any person to act as a provisional journeyman electrician in this state until such person has received a provisional journeyman electrician’s license, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses.
(5) Licensure of electrical contractors, residential electricians, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, facility accounts and registration of apprentice electricians and trainees shall be within the exclusive jurisdiction of the state pursuant to this chapter and no local jurisdiction shall have the authority to require additional licensure or registration or to require payment of any fees in order for any licensee or registrant to engage in the electrical construction trade within the local jurisdiction or to issue licenses or registrations to persons licensed or registered under this chapter that are inconsistent with the provisions of this chapter or rules promulgated by the division of occupational and professional licenses. The state shall investigate all local infractions and state violations of this chapter and prosecute the same. The local jurisdictions will assist the state by requesting investigations within their jurisdictions. Nothing in this chapter shall restrict a city or county from imposing stricter public safety rules, notwithstanding any provision of Idaho Code.
[54-1002, added 1947, ch. 251, sec. 2, p. 681; am. 1961, ch. 311, sec. 4, p. 583; am. 1974, ch. 39, sec. 79, p. 1023; am. 1986, ch. 296, sec. 1, p. 743; am. 1996, ch. 421, sec. 40, p. 1430; am. 1997, ch. 397, sec. 1, p. 1259; am. 1999, ch. 99, sec. 1, p. 312; am. 1999, ch. 367, sec. 1, p. 968; am. 2000, ch. 39, sec. 1, p. 77; am. 2002, ch. 139, sec. 1, p. 391; am. 2018, ch. 208, sec. 3, p. 461; am. 2018, ch. 209, sec. 1, p. 468; am. 2019, ch. 292, sec. 1, p. 865; am. 2023, ch. 15, sec. 35, p. 93; am. 2023, ch. 244, sec. 4, p. 745.]
(1) Only the administrator of the division of occupational and professional licenses of the state of Idaho is authorized and empowered to conduct examinations and to pass upon the qualifications of applicants and to grant and issue licenses or registrations to such applicants as are found to be qualified to engage in the trade, business, or calling of a residential electrician, journeyman electrician, electrical contractor, master electrician, provisional journeyman electrician, limited electrical installer, limited electrical contractor, limited electrical installer trainee or apprentice electrician in the manner and upon the terms and conditions hereinafter provided.
(2) No licenses or registrations granted hereunder shall be transferable. Licenses and registrations shall be issued upon the condition that the holder thereof shall comply with all provisions of this chapter.
(3) The administrator of the division of occupational and professional licenses is authorized to impose civil penalties as provided in this chapter.
[54-1003, added 1947, ch. 251, sec. 3, p. 681; am. 1961, ch. 311, sec. 5, p. 583; am. 1974, ch. 39, sec. 80, p. 1023; am. 1986, ch. 296, sec. 2, p. 743; am. 1996, ch. 421, sec. 41, p. 1431; am. 1997, ch. 397, sec. 2, p. 1259; am. 1999, ch. 99, sec. 2, p. 312; am. 1999, ch. 367, sec. 2, p. 969; am. 2000, ch. 242, sec. 1, p. 676; am. 2018, ch. 208, sec. 4, p. 462; am. 2018, ch. 209, sec. 2, p. 469; am. 2019, ch. 292, sec. 2, p. 866; am. 2023, ch. 15, sec. 36, p. 94; am. 2023, ch. 244, sec. 5, p. 746.]
(1) Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting, or carrying on the business of installing wires or equipment to carry electric current or installing apparatus to be operated by such current, or entering into agreements to install such wires, equipment or apparatus, shall for the purpose of this chapter be known as an electrical contractor. An electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker’s compensation insurance if applicable.
(2) Journeyman Electrician. Except as provided in section 54-1016, Idaho Code, and subsections (4), (5), (6), and (7) of this section, any person who personally performs or supervises the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, or engages in planning, lay out, or design of such wiring, equipment, or apparatus, or the supervision thereof, shall for the purpose of this chapter be known as a journeyman electrician.
(3) Residential Electrician. Any person who personally performs or supervises the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current in a residential setting, shall for the purposes of this chapter be known as a residential electrician. A residential electrician may work in a non-residential setting only as a registered apprentice electrician under the constant on-the-job supervision of a journeyman electrician.
(4) Apprentice Electrician. Any person who, for the purpose of learning the trade of residential electrician or journeyman electrician, engages in the installation of electrical wiring, equipment, or apparatus while under the constant on-the-job supervision of a qualified residential electrician, journeyman electrician, or master electrician shall for the purpose of this chapter be known as an apprentice electrician.
(5) Maintenance Electrician. Any person who is regularly employed to service, maintain or repair electrical apparatus, or to make minor repairs or alterations to existing electrical wires or equipment located on his employer’s premises shall for the purpose of this chapter be known as a maintenance electrician.
(6) Master Electrician. A person who has the necessary qualifications, training, experience and technical knowledge to plan, lay out or design the installation of electrical wiring or equipment, or to supervise such planning, layout, or design, and who performs or supervises such planning, layout or design, shall for the purpose of this chapter be known as a master electrician.
(7) Limited Electrical Installer. A person having the necessary qualifications, training, experience and technical knowledge to install, alter, repair and supervise the installation, alteration or repair of special classes of electrical wiring, apparatus or equipment within categories adopted by the board. Limited electrical installers shall perform work only within the scope of the restricted category for which the person is licensed.
(8) Limited Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting or carrying on the business of installing, altering or repairing restricted categories of electrical wiring, apparatus or equipment within categories adopted by the board, or entering into agreements to perform such restricted work, shall for the purpose of this chapter be known as a limited electrical contractor. Limited electrical contractors shall perform work only within the scope of the restricted category for which the contractor is licensed. A limited electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker’s compensation insurance if applicable.
(9) Limited Electrical Installer Trainee. Any person who engages in the installation of restricted categories of electrical wiring, equipment or apparatus under the constant on-the-job supervision of a qualified limited electrical installer shall for the purpose of this chapter be known as a limited electrical installer trainee.
(10) Electrical Facility Employer Account or Facility Account. An employer licensed with the division of occupational and professional licenses who employs individuals holding valid journeyman or master electrician licenses to perform alterations, extensions and new installations of electrical systems or components thereof on premises owned by the employer. The employer may also employ maintenance electricians in accordance with section 54-1016, Idaho Code.
(11) Provisional Journeyman Electrician. Any person who has met the requirements of section 54-1007(4), Idaho Code, and who wishes to perform the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, while under the constant on-the-job supervision of a qualified residential electrician, journeyman electrician, or master electrician may upon application, for the purposes of this chapter, be known as a provisional journeyman electrician.
(12) Residential Setting. For the purposes of this chapter, residential setting means one (1) and two (2) family dwellings, townhouses, and multi-family structures up to three (3) stories.
[54-1003A, added 1961, ch. 311, sec. 6, p. 583; am. 1986, ch. 296, sec. 3, p. 743; am. 1999, ch. 99, sec. 3, p. 312; am. 1999, ch. 367, sec. 3, p. 970; am. 2005, ch. 82, sec. 1, p. 294; am. 2018, ch. 208, sec. 5, p. 462; am. 2018, ch. 209, sec. 3, p. 469; am. 2019, ch. 292, sec. 3, p. 866; am. 2023, ch. 15, sec. 37, p. 94; am. 2023, ch. 244, sec. 6, p. 747.]
The administrator of the division of occupational and professional licenses may, during reasonable hours, inspect, reinspect or test any electrical installation coming under the provisions of this act. If, upon inspection, any electrical installation is found to be not in conformity with the provisions of this act, the person, partnership, company, firm, association or corporation making such installation shall immediately be notified by any method, as determined by the division of occupational and professional licenses, including electronic communication. The notice shall clearly indicate any and all violations to be corrected and specify a definite period of time during which such corrections shall be made. The administrator may de-energize, have made safe or disconnect any conductor in cases of emergency where necessary for safety of life or property, or order the disconnection of electrical service to any electrical installation coming under the provisions of this act when such installation is found to be dangerous to life or property.
[54-1004, added 1961, ch. 311, sec. 7, p. 583; am. 1974, ch. 39, sec. 81, p. 1023; am. 1996, ch. 421, sec. 42, p. 1431; am. 2018, ch. 208, sec. 6, p. 463; am. 2018, ch. 209, sec. 4, p. 470; am. 2023, ch. 15, sec. 38, p. 96.]
(1) If an inspection requested by a permit holder is not performed within forty-eight (48) business hours, such permit holder shall be authorized to hire a third-party inspector to perform such inspection. The permit holder or third-party inspector shall notify the division or local government that such inspection is being completed by a third-party inspector. The permit holder shall provide a copy of the results of the completed inspection to the division or local government. A permit holder who obtains a third-party inspection under this section shall be refunded any fee, or portion thereof, that the permit holder paid to the division or local government for such inspection. If a local government contracts with and pays the division, county, or third party for an inspection that requires a refund pursuant to this section, the division, county, or third party shall be responsible for refunding the permit holder.
(2) The division or a local government shall refund ten percent (10%) of the fees, or the portion thereof, paid by a permit holder for an inspection if an inspector or electrical code administrator:
(a) Conducts an inspection on the work relating to the permit;
(b) Determines that the work has failed an inspection; and
(c) Fails to, within three (3) business days, provide the permit holder or his agent with a reason for the failure of such inspection pursuant to the provisions of this chapter.
(3) A third-party inspector under this section shall meet the qualifications prescribed by section 54-1019, Idaho Code, and shall conduct the inspection in substantial accord with the applicable jurisdiction’s standards provided by law, rule, or ordinance.
[54-1004A, added 2026, ch. 232, sec. 1, p. 1011.]
(1) The administrator of the division of occupational and professional licenses is hereby authorized and directed to enforce rules consistent with this chapter for the administration of this chapter and to effectuate the purposes thereof, and for the examination and licensing of electrical contractors, residential electricians, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, limited electrical installer trainees and apprentice electricians, and to make inspections of electrical installations referred to in section 54-1001, Idaho Code, and to issue electrical permits covering such installations, and to collect the fees established therefor.
(2) The administrator of the division of occupational and professional licenses may make electrical inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable electrical codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in the rules promulgated by the board.
(3) Individuals, firms, cooperatives, corporations, or municipalities selling electricity, hereinafter known as the power supplier, shall not connect with or energize any electrical installation, coming under the provisions of this chapter, unless an inspection has been conducted and resulted as "passed" by the administrator, covering the installation to be energized. Electrical installations approved by the board and addressed through administrative rule may be connected and energized by the power supplier after the purchase of an electrical permit by a licensed electrical contractor.
(4) It shall be unlawful for any person, partnership, company, firm, association or corporation other than a power supplier to energize any electrical installation coming under the provisions of this chapter prior to the purchase of an electrical permit covering such installation.
[54-1005, added 1947, ch. 251, sec. 5, p. 681; am. 1955, ch. 28, sec. 2, p. 46; am. 1961, ch. 311, sec. 8, p. 583; am. 1974, ch. 39, sec. 82, p. 1023; am. 1984, ch. 123, sec. 32, p. 294; am. 1986, ch. 296, sec. 4, p. 744; am. 1996, ch. 421, sec. 43, p. 1431; am. 1999, ch. 99, sec. 4, p. 313; am. 1999, ch. 367, sec. 4, p. 971; am. 2004, ch. 250, sec. 5, p. 719; am. 2018, ch. 208, sec. 7, p. 463; am. 2018, ch. 209, sec. 5, p. 471; am. 2019, ch. 292, sec. 4, p. 867; am. 2023, ch. 15, sec. 39, p. 96; am. 2023, ch. 244, sec. 7, p. 748.]
(1) The Idaho electrical board, hereinafter known as the board, is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter, and to serve as secretary to the Idaho electrical board.
(2) The board shall consist of nine (9) members to be appointed by the governor and who shall serve at the pleasure of the governor. Two (2) members shall be licensed journeymen or master electricians; two (2) members shall be employees or officers of licensed electrical contractors; one (1) member shall be a licensed limited electrical installer or limited electrical contractor; one (1) member shall be an employee or officer of an electrical power provider; one (1) member shall be an employee or officer of a manufacturing plant or other large power user; one (1) member shall be an employee or director of a manufacturer or distributor of electrical supplies or materials; and one (1) member shall be from the public at large not directly associated with the electrical industry. Board members shall be appointed for a term of four (4) years. Members of the board shall hold office until expiration of the term to which the member was appointed and until his successor has been duly appointed and qualified. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term.
(3) All members of the board shall be citizens of the United States, residents of this state for not less than two (2) years and shall be qualified by experience, knowledge and integrity in formulating rules for examinations, in passing on the fitness and qualifications of applicants for licensure and in establishing standards for electrical products to be used in electrical installations coming under the provisions of this chapter.
(4) The members of the board shall, every two (2) years, elect by majority vote of the members of the board a chairman who shall preside at meetings of the board and a vice chairman who shall preside at any board meeting in the event the chairman is not present. A majority of the members of the board shall constitute a quorum.
(5) The board is authorized and directed to prescribe and amend rules consistent with this chapter for the administration of this chapter, and to effectuate the purpose thereof, and for the examination and licensing of electrical contractors, residential electricians, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, limited electrical installer trainees and apprentice electricians. The board shall also establish the categories for limited electrical installers and limited electrical contractor licensing and the fees to be charged for permits and inspections of electrical systems. The board shall establish by administrative rule the fines to be paid for citations issued and shall hear appeals regarding the imposition of civil penalties for violations of this chapter and the rules of the Idaho electrical board. The board is authorized to affirm, reject, decrease or increase the penalty imposed by the administrator. However, in no case shall the penalty exceed one thousand dollars ($1,000) for each offense.
(6) Each member of the board not otherwise compensated by public moneys shall be compensated as provided by section 59-509(n), Idaho Code.
[54-1006, added 1961, ch. 311, sec. 9, p. 583; am. 1974, ch. 39, sec. 83, p. 1023; am. 1980, ch. 247, sec. 57, p. 622; am. 1984, ch. 123, sec. 33, p. 295; am. 1986, ch. 305, sec. 1, p. 756; am. 1989, ch. 119, sec. 1, p. 265; am. 1996, ch. 421, sec. 44, p. 1432; am. 1999, ch. 169, sec. 1, p. 458; am. 1999, ch. 282, sec. 1, p. 704; am. 1999, ch. 367, sec. 5, p. 971; am. 2000, ch. 39, sec. 2, p. 78; am. 2000, ch. 120, sec. 1, p. 260; am. 2000, ch. 242, sec. 2, p. 677; am. 2001, ch. 151, sec. 3, p. 548; am. 2002, ch. 98, sec. 1, p. 268; am. 2011, ch. 23, sec. 1, p. 64; am. 2012, ch. 29, sec. 1, p. 86; am. 2016, ch. 340, sec. 12, p. 938; am. 2018, ch. 209, sec. 6, p. 471; am. 2019, ch. 292, sec. 5, p. 868; am. 2021, ch. 222, sec. 9, p. 626; am. 2023, ch. 244, sec. 8, p. 749.]
(1) The administrator shall issue licenses to such persons as have by examination shown themselves to be fit, competent and qualified to engage in the trade of residential electrician, journeyman electrician, limited electrical installer or master electrician as defined in section 54-1003A, Idaho Code, and to such persons, firms, partnerships, associations or corporations as have shown themselves to be fit, competent and qualified to engage in the business of electrical contracting or limited electrical contracting as defined in section 54-1003A, Idaho Code.
(2) An apprentice electrician, as defined in section 54-1003A, Idaho Code, may take the journeyman’s examination if he has completed the required related instruction for electrical apprentices as approved by the Idaho state board for career technical education, completion of which shall be evidenced by a certificate from an approved provider, and has worked the number of hours as prescribed by the Idaho electrical board, provided that for all the time he is claiming to have worked as an apprentice electrician, the apprentice shall have been registered with the division of occupational and professional licenses as an apprentice. The electrical board may by rule fix the apprentice registration fee, in an amount not to exceed the costs of issuing apprentice registration certificates and enforcing the apprentice registration provisions of this chapter, and may also by rule establish requirements relative to the manner of registration renewal, verification of employment, the number of instructional hours completed, and the number of hours worked.
(3) Any person who has worked as a licensed journeyman for a period of not less than four (4) years and who has worked the number of hours as prescribed by rule of the board as a licensed journeyman electrician shall be considered as qualified to apply for a master electrician’s license in this state. The Idaho electrical board, in establishing by rule the requirements for a master electrician’s license, shall also take into account the applicant’s performance as a journeyman electrician. When issuing a master electrician’s license to a person, the administrator shall also issue a journeyman electrician’s license to such person at no additional cost and without any additional requirements beyond those required to receive a master electrician’s license.
(4) Notwithstanding subsection (2) of this section, any person who can demonstrate eight (8) years of work experience, defined as a minimum of sixteen thousand (16,000) hours, making electrical installations on the job, shall be considered as qualified to apply for a journeyman electrician’s license in this state.
(5) A person qualifies for a residential electrician license if he passes the residential electrician examination approved by the board, has completed a two (2) year course of related instruction for residential electrical apprentices as approved by the Idaho electrical board and the Idaho state board for career technical education, and submits proof of four thousand (4,000) hours of electrical experience as an Idaho-registered apprentice or in accordance with the requirements of the jurisdiction where the applicant obtained such experience. Completion of an approved course as required pursuant to this subsection shall be evidenced by a certificate from an approved provider. An applicant for a journeyman electrician license may utilize the experience hours identified in this section toward the work experience requirement for a journeyman electrician license.
(6) To the extent that other states that provide for the licensing of electricians require qualifications at least equal to those contained in this chapter, the administrator may enter reciprocal agreements with such other states to grant licenses to electricians licensed by such other states. The administrator, on the recommendation of the Idaho electrical board, may grant licenses to electricians licensed by such other states upon payment by the applicant of the required fee and upon furnishing proof to the board that the applicant has qualifications at least equal to those provided herein for applicants for written examinations. Applicants who qualify for a license under this subsection are not required to take a written examination.
(7) A provisional journeyman electrician, as defined in section 54-1003A, Idaho Code, may take the residential electrician or journeyman electrician examination. Upon passing the examination, the administrator of the division of occupational and professional licenses shall issue the provisional journeyman electrician a residential or journeyman electrician’s license.
[54-1007, added 1947, ch. 251, sec. 7, p. 681; am. 1961, ch. 311, sec. 10, p. 583; am. 1972, ch. 142, sec. 1, p. 309; am. 1974, ch. 39, sec. 84, p. 1023; am. 1986, ch. 296, sec. 5, p. 745; am. 1986, ch. 309, sec. 1, p. 760; am. 1996, ch. 421, sec. 45, p. 1433; am. 1999, ch. 99, sec. 5, p. 314; am. 1999, ch. 329, sec. 25, p. 864; am. 1999, ch. 367, sec. 6, p. 972; am. 2002, ch. 123, sec. 1, p. 347; am. 2003, ch. 135, sec. 1, p. 392; am. 2004, ch. 245, sec. 1, p. 711; am. 2009, ch. 112, sec. 1, p. 364; am. 2011, ch. 16, sec. 1, p. 52; am. 2016, ch. 25, sec. 43, p. 59; am. 2018, ch. 209, sec. 7, p. 472; am. 2019, ch. 66, sec. 1, p. 157; am. 2019, ch. 292, sec. 6, p. 870; am. 2023, ch. 15, sec. 40, p. 97; am. 2023, ch. 244, sec. 9, p. 750; am. 2024, ch. 16, sec. 15, p. 150; am. 2025, ch. 77, sec. 1, p. 352.]
(1) All licenses, including license renewals, for master electricians, residential electricians, journeyman electricians, and limited electrical installers shall be issued for a period of three (3) years and shall expire three (3) years from the birthday of the licensee unless renewed, revoked, or suspended.
(2) Electrical contractor and limited electrical contractor licenses shall be issued for a period of two (2) years and shall expire two (2) years from the birthday of the licensee unless renewed, revoked, or suspended.
(3) Electrical apprentice registrations issued or renewed shall be issued for a period of two (2) years. No person shall be issued an apprentice license for more than five (5) two (2) year periods.
(4) Limited electrical installer trainee registrations shall be issued for a period of three (3) years.
(5) Facility account licenses shall be issued and renewed for a period of two (2) years.
(6)(a) Provisional journeyman electrician’s licenses shall be issued for a period of six (6) months and shall expire six (6) months from the date issued, during which time a provisional journeyman electrician shall apply for and take the journeyman electrician examination. A six (6) month renewal shall be issued upon application if:
(i) The applicant has taken, but failed to pass, the journeyman electrician examination within the six (6) month period; or
(ii) The applicant has failed to take the journeyman electrician examination within the six (6) month period and has shown that exceptional circumstances prevented the applicant from taking the journeyman electrician examination.
(b) A provisional journeyman electrician’s license shall be issued and renewed only once. If the applicant fails to pass the journeyman electrician examination, or fails to take the journeyman electrician examination, within one (1) year from the date of issue of a provisional journeyman electrician’s license, the applicant is no longer eligible to apply for a provisional journeyman electrician’s license.
(7) Each licensing period and each registration period shall end at midnight on the last day of the month of the licensing or registration period. Licenses and registrations not renewed by this date shall have expired.
(8) The board shall promulgate rules to provide for a staggered system of issuing and renewing licenses.
[54-1008, added 1947, ch. 251, sec. 8, p. 681; am. 1961, ch. 311, sec. 11, p. 583; am. 2002, ch. 53, sec. 1, p. 120; am. 2006, ch. 82, sec. 1, p. 244; am. 2009, ch. 112, sec. 2, p. 365; am. 2018, ch. 208, sec. 8, p. 464; am. 2018, ch. 209, sec. 8, p. 473; am. 2019, ch. 66, sec. 2, p. 159; am. 2019, ch. 292, sec. 7, p. 871; am. 2023, ch. 244, sec. 10, p. 751; am. 2024, ch. 86, sec. 8, p. 394.]
(1) The administrator shall have power to revoke or suspend any license or registration if the same was obtained through error or fraud, or if the holder thereof is shown to be grossly incompetent, or has willfully violated any of the rules prescribed by the board, or as prescribed in this chapter; or has, after due notice, failed or refused to correct, within the specified time, any electrical installation not in compliance with the provisions of this chapter, or has failed to pay within the time provided, civil penalties which have become final by operation of law.
(2) The administrator shall have the power to suspend any electrical contractor or limited electrical contractor license if, at any time during the term of active contractor or limited contractor licensure, the licensee failed to maintain required liability insurance or applicable worker’s compensation insurance.
(3) Before any license shall be revoked or suspended, the holder thereof shall have written notice enumerating the charges against him and shall be given a hearing by said administrator, and have an opportunity to produce testimony in his behalf, at a time and place specified in said notice, which time shall not be less than five (5) days after the service thereof.
(a) The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code.
(b) Any party aggrieved by the action of the administrator shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
(4) The administrator shall have the power to appoint, by an order in writing, a hearing officer to take testimony, who shall have power to administer oaths, issue subpoenas and compel the attendance of witnesses, and the decision of the administrator shall be based on his examination of the testimony taken and the records produced. Any person whose license has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new license.
[54-1009, added 1947, ch. 251, sec. 9, p. 681; am. 1961, ch. 311, sec. 12, p. 583; am. 1974, ch. 39, sec. 85, p. 1023; am. 1984, ch. 123, sec. 34, p. 296; am. 1993, ch. 216, sec. 60, p. 645; am. 1999, ch. 68, sec. 1, p. 179; am. 2000, ch. 242, sec. 3, p. 678; am. 2006, ch. 83, sec. 1, p. 245; am. 2018, ch. 208, sec. 9, p. 464; am. 2018, ch. 209, sec. 9, p. 474.]
(1) Any electrical contractor who works as a residential or journeyman electrician, as herein defined, shall be required to have a residential electrician’s license or journeyman electrician’s license or master electrician’s license issued under the provisions of this act. All installations of electrical wiring, equipment or apparatus made by an electrical contractor shall be done by or under the direct supervision of a licensed residential electrician, licensed journeyman electrician, or licensed master electrician.
(2) The individual owner of an electrical contracting business shall employ a full-time journeyman electrician with over two thousand (2,000) hours of documented experience as a licensed journeyman electrician or a master electrician; however, an individual owner of an electrical contracting business may act as his own journeyman electrician or master electrician provided that he has complied with the provisions of this section and section 54-1002, Idaho Code, pertaining to journeyman electricians. Each electrical contractor in this state shall, upon request of the administrator or his authorized agent, furnish a list of journeyman electricians in said electrical contractor’s employ.
(3) Any individual working as an apprentice electrician, as defined in this act, must be registered with the division of occupational and professional licenses as an apprentice electrician, as provided in section 54-1007, Idaho Code, and it shall be unlawful for an individual to work as an apprentice electrician without possessing a current apprentice registration certificate. The supervision ratio in a residential setting shall be one (1) residential electrician, journeyman electrician, or master electrician to no more than six (6) apprentice electricians. The supervision ratio in any setting other than a residential setting shall be one (1) journeyman electrician or master electrician to no more than two (2) apprentice electricians. No supervision ratio applies to an apprentice electrician who has completed six thousand (6,000) or more hours of work experience as an Idaho-registered apprentice or in accordance with the requirements of the jurisdiction where the applicant obtained such experience and who is currently enrolled in or has completed a board-approved career technical education program.
(4) Any individual working as a limited electrical installer trainee, as defined in this chapter, must be registered with the division of occupational and professional licenses as a limited electrical installer trainee. It shall be unlawful for an individual to work as a limited electrical installer trainee without possessing a current registration certificate. No supervision ratio applies to limited electrical installer trainees.
(5) The provisions of this section preempt, eliminate, and prohibit any cities, counties, incorporated or unincorporated areas, special use districts, or any other local governmental entities of any kind from adopting requirements through any code, ordinance, process, policy, or guidance that differ from or are more extensive than the requirements of this section. The preemption provided for in this subsection shall apply to any local code, ordinance, process, policy, or guidance in effect prior to, on, or after July 1, 2023.
[54-1010, added 1961, ch. 311, sec. 13, p. 583; am. 1974, ch. 39, sec. 86, p. 1023; am. 1986, ch. 309, sec. 2, p. 761; am. 1996, ch. 421, sec. 46, p. 1434; am. 1999, ch. 367, sec. 7, p. 973; am. 2018, ch. 208, sec. 10, p. 465; am. 2018, ch. 209, sec. 10, p. 474; am. 2023, ch. 15, sec. 41, p. 98; am. 2023, ch. 244, sec. 11, p. 752; am. 2024, ch. 180, sec. 1, p. 667.]
(1) A license or registration once issued under this chapter, unless revoked or suspended as herein provided, may be renewed at any time during the final month of the licensing period on the payment of the renewal fee herein specified, proof of satisfaction of applicable continuing education requirements for journeyman electricians or master electricians as established by the electrical board, proof of satisfaction of applicable apprentice and specialty trainee instruction and work requirements as established by the electrical board, and provided that all outstanding civil penalties, and permit or other fees, have been paid in full, and all outstanding correction notices have been satisfactorily resolved. For electrical contractors and specialty electrical contractors, proof of liability insurance in the amount of three hundred thousand dollars ($300,000) shall also be required, and proof of worker’s compensation insurance shall be required if applicable.
(2) Any license or registration that has expired may be revived at any time within one (1) year from the last day of the final month of the licensing period, by payment of the revival fee herein specified, together with all outstanding civil penalties, and permit or other fees and penalties, and upon proof that outstanding correction notices have been satisfactorily resolved. For electrical contractors and limited electrical contractors, proof of liability insurance in the amount of three hundred thousand dollars ($300,000) shall also be required, and proof of worker’s compensation insurance shall be required if applicable.
(3) Certificates of competency issued prior to July 1, 1961, shall, for the purpose of this chapter, be considered as licenses and may be renewed or revived as herein provided.
(4) The administrator may renew, on an inactive basis, the license of an electrical contractor or limited electrical contractor who is not engaged in electrical contracting in this state. The board shall fix and collect an inactive license fee for such an inactive license renewal in an amount not to exceed one hundred fifty dollars ($150). Each inactive license shall be issued for a period of one (1) year. An electrical contractor or limited electrical contractor holding an inactive license may not engage in the practice of electrical contracting or limited electrical contracting in this state. If an electrical contractor or limited electrical contractor wishes to convert his inactive license to an active license, he may do so by paying a processing fee of thirty dollars ($30.00) and providing proof of the required liability insurance and applicable worker’s compensation insurance.
[54-1013, added 1947, ch. 251, sec. 13, p. 681; am. 1961, ch. 311, sec. 14, p. 583; am. 1986, ch. 307, sec. 1, p. 758; am. 1999, ch. 100, sec. 1, p. 315; am. 2000, ch. 242, sec. 4, p. 678; am. 2002, ch. 53, sec. 2, p. 120; am. 2005, ch. 82, sec. 2, p. 295; am. 2006, ch. 83, sec. 2, p. 246; am. 2009, ch. 112, sec. 3, p. 366; am. 2011, ch. 16, sec. 2, p. 53; am. 2018, ch. 209, sec. 11, p. 475; am. 2019, ch. 66, sec. 3, p. 159; am. 2023, ch. 244, sec. 12, p. 753.]
The administrator of the division of occupational and professional licenses shall charge the following fees:
(1) Application for license or registration
(2) Six-month licenses:
(a) Provisional journeyman electrician license
(b) Provisional journeyman electrician license renewal
(i) If a provisional journeyman electrician applies for a residential electrician or journeyman electrician license, the pro rata value of any time remaining on his provisional journeyman electrician license shall be credited toward the application fee for the residential electrician or journeyman electrician license.
(3) One-year licenses and registration, in accordance with sections 54-1008 and 54-1013, Idaho Code:
(a) Electrical contractor license
(b) Electrical contractor license renewal
(c) Electrical contractor license revival
(d) Limited electrical contractor license
(e) Limited electrical contractor license renewal
(f) Limited electrical contractor license revival
(g) Facility account license
(h) Apprentice electrician registration
(i) At the time the apprentice applies for a residential electrician or journeyman electrician license, the pro rata value of any remaining time on an apprentice electrician working license shall be credited toward the purchase of the residential electrician or journeyman electrician license.
(i) Apprentice electrician registration renewal
(j) Apprentice electrician registration revival
(4) Three-year licenses and registration, in accordance with sections 54-1008 and 54-1013, Idaho Code:
(a) Master and journeyman electrician license
(b) Master and journeyman electrician license renewal
(c) Master and journeyman electrician license revival
(d) Journeyman or residential electrician license
(e) Journeyman or residential electrician license renewal
(f) Journeyman or residential electrician license revival
(g) Limited electrical installer license
(h) Limited electrical installer license renewal
(i) Limited electrical installer license revival
(j) Limited electrical installer trainee registration
(i) At the time the limited electrical installer trainee applies for a limited electrical installer license, the pro rata value of any remaining time on a limited electrical installer trainee working license shall be credited toward the purchase of the limited electrical installer license.
(k) Limited electrical installer trainee registration renewal
(l) Limited electrical installer trainee registration revival
[54-1014, added 1947, ch. 251, sec. 14, p. 681; am. 1961, ch. 311, sec. 15, p. 583; am. 1974, ch. 39, sec. 87, p. 1023; am. 1986, ch. 191, sec. 1, p. 487; am. 1996, ch. 421, sec. 47, p. 1434; am. 1999, ch. 99, sec. 6, p. 314; am. 1999, ch. 367, sec. 8, p. 973; am. 2002, ch. 53, sec. 4, p. 121; am. 2006, ch. 82, sec. 3, p. 244; am. 2009, ch. 112, sec. 4, p. 367; am. 2018, ch. 208, sec. 11, p. 466; am. 2018, ch. 209, sec. 12, p. 476; am. 2019, ch. 66, sec. 4, p. 160; am. 2019, ch. 292, sec. 8, p. 872; am. 2023, ch. 15, sec. 42, p. 98; am. 2023, ch. 244, sec. 13, p. 753; am. 2025, ch. 77, sec. 2, p. 354.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-1015, added 2021, ch. 224, sec. 38, p. 673.]
(1) Nothing in this chapter shall be deemed to apply to:
(a) Any regulated utility, telephone company, rural telephone cooperative or municipal communications utility, or its employees, in the installation or maintenance of communication circuits, wires and apparatus by or for such entities or their communications service customers;
(b) Any electrical public utility, or its employees, in the installation and maintenance of electrical wiring, circuits, apparatus and equipment by or for such public utility or comprising a part of its plants, lines or system;
(c) Modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.
(2) The licensing provisions of this chapter shall not apply to:
(a) Any property owner performing noncommercial electrical work in the owner’s primary or secondary residence or associated outbuildings or land associated with the entire property on which those buildings sit, except that homeowner installations of renewable power generation connected to the community power grid shall be subject to a preplan review in accordance with local jurisdictions’ policies and procedures prior to the purchase of a permit;
(b) Any person regularly employed as a maintenance electrician performing electrical maintenance work on the premises owned and operated by his employer, provided that electrical work is limited to maintenance and replacement of electrical fixtures, electrical conductors, electrical equipment and electrical apparatus on a like-for-like basis;
(c) Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the telephone company, rural telephone cooperative, or municipal communications utility;
(d) Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing repair work on customer-owned facilities at the request of the customer;
(e) Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the electrical public utility, rural electrical cooperative, or municipal power utility;
(f) Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing emergency repair work on customer-owned facilities at the request of the customer;
(g) A fire department employee who is acting in his official capacity as a representative of his agency when he is replacing, maintaining, or repairing a hard-wired smoke or carbon monoxide alarm at the request of a homeowner in a one (1) or two (2) family dwelling unit, provided that such fire department employee has received annual training regarding electrical safety and installation of the devices identified in this paragraph;
(h) A limited electrical contractor, limited electrical installer, or employee of a company holding a limited electrical contractor license who is replacing or installing a fire alarm communication device (DACT). A person provided for in this paragraph shall obtain a permit if required by the authority having jurisdiction but must not be required to submit design plans. The fire alarm communication device (DACT) may be inspected if required by the authority having jurisdiction after replacement of the fire alarm communication device (DACT). The fee for a permit shall not exceed one hundred twenty-five dollars ($125); or
(i) A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization’s volunteers, performing electrical installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate.
(3) The licensing provisions of this chapter shall not apply to individuals licensed pursuant to chapter 50, title 54, Idaho Code, or certificated pursuant to chapter 26, title 54, Idaho Code, as follows:
(a) Individuals holding a current heating, ventilation and air conditioning (HVAC) license or a current plumbing certification may install electrical circuitry and make connections from the disconnecting means to a water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long.
(b) Individuals holding a current HVAC license may install:
(i) Electrical space heaters with no attached ductwork;
(ii) Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and
(iii) Ventilating fans, except ducted range hoods in residences.
(c) HVAC licensees may install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity. Plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage.
(d) Individuals holding a current limited energy electrical license may install electrical circuitry and make connections from utilization equipment installed under the restricted category of the limited electrical installer license to outlets, as long as those outlets are in sight from such utilization equipment and not more than fifty (50) feet from such utilization equipment. Outlets shall be installed by others.
(4) To the extent that a plumbing or HVAC installation permit issued by the Idaho division of occupational and professional licenses includes any part of an electrical installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid.
(5) Approval and certification requirements of product and equipment as set forth in this chapter and in the adopted edition of the national electrical code do not apply to industrial machinery unless the board has made a determination that such product, machine or classes of products and machines present an undue hazard to life and property.
(6) Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of electrical installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed residential electrician or a licensed journeyman electrician and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements.
(7) Neither local jurisdictions nor the state fire marshal shall have the authority to amend the exemptions provided for in this section or to adopt any ordinance, law, or rule in conflict with the provisions of this section.
[54-1016, added 1947, ch. 251, sec. 16, p. 681; am. 1961, ch. 311, sec. 17, p. 583; am. 2004, ch. 250, sec. 6, p. 720; am. 2005, ch. 235, sec. 1, p. 715; am. 2007, ch. 197, sec. 1, p. 597; am. 2007, ch. 252, sec. 8, p. 745; am. 2015, ch. 233, sec. 1, p. 731; am. 2017, ch. 325, sec. 1, p. 856; am. 2018, ch. 199, sec. 1, p. 446; am. 2018, ch. 208, sec. 12, p. 466; am. 2018, ch. 209, sec. 13, p. 476; am. 2021, ch. 214, sec. 1, p. 588; am. 2022, ch. 301, sec. 1, p. 951; am. 2023, ch. 244, sec. 14, p. 754.]
Any person, partnership, company, firm, association, or corporation who shall engage in the trade, business or calling of an electrical contractor, residential electrician, journeyman electrician, master electrician, limited electrical installer, limited electrical contractor, limited electrical installer trainee or apprentice electrician without a license or required registration as provided for by this act, or who shall violate any of the provisions of this act or the rules of the Idaho electrical board or of the administrator of the division of occupational and professional licenses provided for in this chapter, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator shall be guilty of a misdemeanor. In addition, any such person, partnership, company, firm, association, or corporation shall be subject to the civil penalties established by administrative rule, but not to exceed three thousand dollars ($3,000) per violation. Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the first violation.
[54-1017, added 1947, ch. 251, sec. 17, p. 681; am. 1961, ch. 311, sec. 18, p. 583; am. 1974, ch. 39, sec. 89, p. 1023; am. 1984, ch. 123, sec. 36, p. 297; am. 1996, ch. 421, sec. 49, p. 1435; am. 1999, ch. 169, sec. 2, p. 458; am. 1999, ch. 368, sec. 9, p. 974; am. 2000, ch. 39, sec. 3, p. 79; am. 2018, ch. 209, sec. 14, p. 478; am. 2023, ch. 15, sec. 43, p. 99; am. 2023, ch. 244, sec. 15, p. 757.]
If any clause, sentence, section, provision or part of this act shall be adjudged to be unconstitutional or invalid for any reason, by any court of competent jurisdiction, such judgment shall not impair, affect or invalidate the remainder of this act which shall remain in full force and effect thereafter.
[54-1018, added 1947, ch. 251, sec. 18, p. 681.]
The administrator of the division of occupational and professional licenses shall appoint the number of deputy electrical inspectors as may be required for the effective enforcement of the provisions of this chapter. All inspectors shall be skilled in electrical installations with not less than four (4) years of actual experience as a journeyman or master electrician, shall possess journeyman or master electrician licenses in the state of Idaho prior to appointment and shall be fully familiar with the provisions of this chapter and rules made both by the administrator and the Idaho electrical board. No inspector employed by the division of occupational and professional licenses and assigned to the enforcement of the provisions of this chapter shall be engaged or financially interested in an electrical business, trade, practice or work, or the sale of any supplies connected therewith, nor shall he act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation so engaged. Inspectors employed by municipalities electing to claim exemption under this chapter must possess the qualifications set forth in this section. Inspectors employed by the division of occupational and professional licenses shall take and pass, before the end of their probationary period, a general inspector’s test approved by the Idaho electrical board. Inspectors shall be required to participate in continuous education training as directed by the Idaho electrical board and administered by the division of occupational and professional licenses. The board may also promulgate rules relative to the applicability of this provision to existing electrical inspectors with permanent status in the division.
[54-1019, added 1986, ch. 308, sec. 1, p. 759; am. 1996, ch. 421, sec. 50, p. 1435; am. 2018, ch. 207, sec. 1, p. 459; am. 2023, ch. 15, sec. 44, p. 99.]
The practice and processes involved in processing and making final disposition of human bodies is hereby declared to affect the public interest, health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the processes involved in preparing and making final disposition of human bodies should be so controlled as to protect the public interest and merit the confidence of the public, and to that end that only qualified persons be permitted to practice such acts in the state of Idaho. This act shall be liberally construed to carry out these objects and purposes.
[54-1101, added 1970, ch. 70, sec. 1, p. 167.]
As used in this act:
(1) "Board" means the state board of morticians of the state of Idaho or any successor thereof.
(2) "Burial" means the interment or entombment of dead human bodies in any manner.
(3) "Cremains" means human remains after cremation.
(4) "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory.
(5) "Crematory" means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains.
(6) "Columbarium" means a structure, room or other space in a building or structure containing niches for permanent inurnment of cremains.
(7) "Department" means the department of self-governing agencies of the state of Idaho.
(8) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(9) "Embalming" means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process.
(10) "Establishment" means any funeral establishment or crematory establishment regulated by the board of morticians.
(11) "Funeral director" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
(a) Directing or supervising the burial, cremation or disposal of dead human bodies.
(b) Arranging for funeral services for dead human bodies.
(c) Selling funeral goods and services to the public.
(d) Conducting, directing or supervising a funeral service.
(12) "Funeral director license" means a yearly license issued by the board to act as a funeral director and perform funeral director services as defined in this chapter.
(13) "Funeral director services" means the services of a funeral director defined in subsection (11) of this section. Funeral director services do not include embalming.
(14) "Funeral establishment" means a place of business at a specific street address or location devoted to the embalming and care and preparation for burial or disposal of dead human bodies including all portions of such business premises and all tools, instruments and supplies used in the preparation and embalming of dead human bodies for burial or disposal, and including any chapel or other facility in which funeral or other religious services may be conducted.
(15) "Funeral establishment license" means a yearly license issued by the board authorizing the licensee to conduct a funeral establishment as defined in this chapter.
(16) "Funeral services" means any funeral or religious service conducted in connection with, or preparatory to, the burial or disposal of a dead human body.
(17) "Funeral supplies" means caskets, vaults, burial receptacles and any other personal property sold for use in the burial or disposal of a human body.
(18) "Human remains" means the body of a deceased person in any condition or state of decomposition including cremated remains.
(19) "Mortician" means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
(a) Caring for or preparing dead human bodies for burial, cremation or disposal.
(b) Disinfecting or preparing dead human bodies by embalming, or otherwise, for funeral service, transportation, burial, cremation or disposal.
(c) Directing or supervising the burial, cremation or disposal of dead human bodies.
(d) Arranging for funeral services for dead human bodies.
(e) Selling funeral goods and services to the public.
(f) Conducting, directing or supervising a funeral service.
(20) "Mortician license" means a yearly license issued by the board to act as a mortician and perform mortician services as defined in this chapter.
(21) "Mortician services" means the services of a mortician defined in subsection (19) of this section.
(22) "Resident trainee" means a person who is engaged in preparing to become licensed as a mortician or funeral director, and who practices under the direct and immediate personal supervision of a licensed mortician pursuant to rules adopted by the board.
(23) "Resident trainee license" means a yearly license issued by the board to act as a licensed resident trainee and perform services under the direct personal supervision of a licensed mortician as defined in this chapter.
[54-1102, added 1970, ch. 70, sec. 2, p. 167; am. 1974, ch. 13, sec. 91, p. 138; am. 2003, ch. 257, sec. 1, p. 665; am. 2022, ch. 94, sec. 16, p. 294.]
(1) It shall be unlawful for any person to perform, offer to perform or hold himself out as performing mortician services or any of the acts of a mortician, unless he shall first obtain a mortician license or resident trainee license as provided in this chapter; and it shall be unlawful for a licensed resident trainee to perform mortician services or any of the acts of a mortician except under the personal supervision of a resident mortician licensed under this chapter.
(2) It shall be unlawful for any person to perform, offer to perform or hold himself out as performing funeral director services unless he has a funeral director license or resident trainee license as provided in this chapter.
(3) It shall be unlawful for any person to operate a funeral establishment or crematory without first obtaining the valid establishment licenses as provided in this chapter.
[54-1103, added 1970, ch. 70, sec. 3, p. 167; am. 2003, ch. 257, sec. 2, p. 668.]
There is hereby exempted from the terms and provisions of this chapter and from the enforcement of the provisions hereof, the following:
(1) Manufacturers, wholesalers and jobbers of caskets, funeral supplies, vaults or other burial receptacles not engaged in performing mortician services and not selling to the public, except when said sales to the public are sales with immediate delivery of the funeral supplies purchased.
(2) Cemeteries selling vaults or burial receptacles to the public.
(3) Any duly authorized representative of any church, fraternal order or other association or organization honoring the dead who performs a funeral or other religious service under the authority of and pursuant to the religious tenets or practices of such organization. This exemption does not authorize, permit or allow such person to perform the functions of a mortician or funeral director under section 54-1102 (11) or (19), Idaho Code, unless he shall be licensed as required by law.
(4) Notwithstanding any other provision of law, the person having the right to control the disposition of the remains of the deceased person pursuant to section 54-1142, Idaho Code, or such person’s designee, or a licensed funeral director, may initiate the process of cremation by operation of the retort while under the direct personal supervision of a licensed mortician.
[54-1104, added 1970, ch. 70, sec. 4, p. 167; am. 1972, ch. 113, sec. 1, p. 228; am. 1995, ch. 112, sec. 1, p. 381; am. 2003, ch. 257, sec. 3, p. 668.]
(1) There is hereby established in the division of occupational and professional licenses a state board of morticians to be composed of three (3) members who shall be appointed by the governor and who shall serve at the pleasure of the governor in the manner hereinafter set forth. Two (2) members of the board shall be duly licensed morticians under the laws of the state of Idaho. Each shall be a resident of the state of Idaho for a period of at least five (5) years next preceding his appointment, during which time he shall have been continuously engaged in the practice as a mortician as defined in this chapter. One (1) member of the board shall be a member of the public with an interest in the rights of the consumers of mortuary services. No person shall be eligible for appointment to the board of morticians who is financially interested, directly or indirectly, in any embalming college, wholesale funeral supply business, or casket manufacturing business.
(2) The governor may consider recommendations for members of the board from the Idaho funeral service association, other statewide organization or association of licensed morticians whose membership is composed of a majority of all licensed morticians of the state or from any individual residing in this state.
(3) All members of the board of morticians shall be appointed to serve for a term of three (3) years, to expire on May 1 of the year of termination of their term, and until their successors have been appointed and qualified; provided however, the governor is hereby granted the power to alter the term of office of the members of the board first appointed hereunder so that the term of office of not more than one (1) member of the board shall terminate in any one (1) year. In case of a vacancy occurring on said board of morticians, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office.
(4) The board shall meet, not less than annually, to elect a chairman and vice chairman and take official board action on pending matters by majority vote of all the members of the board of morticians, and in doing so a majority of the members of said board shall at all times constitute a quorum. Notice of any meeting shall be given by the chairman to all members of the board at least ten (10) days in advance of each meeting unless such notice is waived in writing by all of the members of the board.
(5) Each member of the board of morticians shall be compensated as provided by section 59-509(m), Idaho Code.
[54-1105, added 1970, ch. 70, sec. 5, p. 167; am. 1974, ch. 13, sec. 92, p. 138; am. 1976, ch. 166, sec. 12, p. 605; am. 1980, ch. 247, sec. 58, p. 623; am. 2010, ch. 156, sec. 1, p. 331; am. 2016, ch. 340, sec. 13, p. 939; am. 2020, ch. 257, sec. 1, p. 743; am. 2021, ch. 222, sec. 10, p. 627.]
The state board of morticians shall have the following powers and duties:
(1) To prepare, conduct, and grade examinations of applicants for licenses.
(2) To certify the results of examinations of applicants and certify the applicant as having "passed" or "failed."
(3) To conduct hearings and proceedings in connection with the suspension or revocation of licenses.
(4) To make findings and recommendations to the governor on any and all matters relating to the enforcement of the provisions of this chapter.
(5) To perform all other duties and exercise all other powers granted under this chapter, or the laws of the state of Idaho.
(6) To authorize, by written agreement, the division of occupational and professional licenses as agent to act in its interest.
(7) To provide for the licensure and regular inspection of funeral establishments and crematories.
[54-1106, added 1970, ch. 70, sec. 6, p. 167; am. 1974, ch. 13, sec. 93, p. 138; am. 1996, ch. 174, sec. 7, p. 560; am. 2003, ch. 257, sec. 4, p. 669; am. 2022, ch. 94, sec. 17, p. 295.]
The division administrator of the division of occupational and professional licenses shall have the following powers and duties under this act:
(1) To determine and pass upon the qualifications of applicants for all licenses under this act.
(2) To issue all licenses provided for under the provisions of this act.
(3) To annually renew licenses under this act.
(4) To collect all fees prescribed and required pursuant to this section.
(5) To conduct hearings and proceedings for the suspension or revocation of licenses and to suspend or revoke any license for any of the causes hereinafter defined and set forth under this act; provided, however, that the division administrator shall not revoke or suspend any license without first receiving written findings and recommendations from the board of morticians.
(6)(a) To keep general books of record of all official acts, proceedings and transactions of the board while acting under this act, including the following:
(i) A cash book showing in detail all receipts and disbursements for the board received or expended under this act; and
(ii) A special register containing the names and addresses of all applicants, the date the application was received, the result of the examination, and whether the applicant received a license or was rejected, and a full statement of the reasons therefor.
(b) All books of record kept shall be prima facie evidence of all matters therein recorded, and shall be public records.
(7) To prescribe rules for the implementation and enforcement of the provisions of this act.
(8) To publish and distribute copies of this act and the rules issued by the board to applicants, licensees and the public.
(9) To perform all duties and exercise all powers granted under chapter 3, title 27, Idaho Code.
[54-1107, added 1970, ch. 70, sec. 7, p. 167; am. 1974, ch. 13, sec. 94, p. 138; am. 1996, ch. 174, sec. 8, p. 560; am. 2022, ch. 94, sec. 18, p. 296.]
The board of morticians shall have the sole power for determining the nature, type and extent of examinations to be taken by applicants for a license. Examinations for mortician applicants shall include generally the following subjects: anatomy, chemistry, physiology, psychology, sanitary science, the care, disinfection, preservation, transportation of and burial, or other final disposition of dead human bodies, and the laws and rules of the state of Idaho. Examinations for funeral director applicants shall include generally the following subjects: sociology, psychology, funeral directing, business law, funeral service law, funeral service merchandising, accounting, computers, and the laws and rules of the state of Idaho. The board shall determine whether the applicant has passed or failed such examination. Examinations may be written or as determined at the discretion of the board, and shall be held at such times and at such places within the state of Idaho as determined by the board of morticians. National conference examinations, passed at an accredited embalming college, may be accepted by the board. Upon the conclusion of grading the above examinations, the board of morticians shall certify the results listing each applicant as having failed or passed the examination, and such determination shall not be subject to review.
[54-1108, added 1970, ch. 70, sec. 7A, p. 167; am. 1974, ch. 13, sec. 95, p. 138; 1983, ch. 32, sec. 1, p. 81; am. 2001, ch. 136, sec. 1, p. 495; am. 2003, ch. 257, sec. 5, p. 669.]
(1) To qualify for a mortician license or funeral director license within the state of Idaho, a person must be twenty-one (21) years of age or older.
(2) The board shall issue to any person a mortician’s license to practice as a mortician and perform mortician services within the state of Idaho who has complied with and fulfilled all of the following requirements:
(a) Has completed and received an associate degree from a mortuary school accredited by the American board of funeral service education.
(b) Has practiced as a licensed resident trainee in the state of Idaho under the personal supervision of a licensed resident mortician for not less than twelve (12) months, has assisted in embalming at least twenty-five (25) dead human bodies, has assisted in making at least twenty-five (25) funeral arrangements, and has assisted in conducting at least twenty-five (25) funerals; provided, however, such practice as a licensed resident trainee of the state of Idaho may be filled and performed either before or after the required post-high school education.
(c) Has filed an application with the board as required by this chapter and paid the required filing fee therefor.
(d) Has passed the required examination prepared and conducted by the board of morticians. Provided further, that the board shall determine compliance with all of the qualifications described in subsections (1) and (2) of this section, except this paragraph relating to examinations, at the time the applicant files his application as hereinafter provided and before the examination is conducted by the board of morticians.
(3) The board shall issue to any person a funeral director license to practice as a funeral director and perform funeral director services within the state of Idaho who has complied with and fulfilled all of the following requirements:
(a) Has completed and received at least forty-five (45) semester hours or sixty-eight (68) quarter hours of instruction from a duly accredited college or university and has obtained at least a C grade average for all courses of instruction; provided, however, at least three-fourths (3/4) of all such credits must be for courses in the fields of liberal arts, business, or science as defined and specified by the board.
(b) Has successfully completed at least fifteen (15) semester credit hours or the equivalent from a mortuary college accredited by the American board of funeral service education, inc., or such credits as are otherwise approved by the board, with course of study to include business law, psychology, sociology, funeral service counseling, funeral service management, and other classes that relate to conducting funeral business.
(c) Has practiced as a licensed trainee in the state of Idaho under the personal supervision of a licensed mortician for not less than twelve (12) months and has assisted in making at least twenty-five (25) funeral arrangements and in conducting at least twenty-five (25) funerals.
(d) Has successfully passed the required examination as established by the rules of the board. An applicant shall not be qualified to take the examination until all other requirements have been met.
(e) Has filed an application with the board as required by this chapter and paid the required fees.
(4) Any person holding a current, valid license in another state or territory having substantially similar requirements to those existing in this state may be granted a license without examination, provided:
(a) The applicant files with the board a certified statement from the examining board of the state or territory in which the applicant holds his license, verifying the license and showing the basis upon which the license was granted; and
(b) The applicant pays the license fee; and
(c) The applicant satisfies the board that he understands the laws and rules of this state as to funeral service.
(5) A person holding a current, valid license in another state or territory with requirements significantly lower than those of this state who has at least five (5) consecutive years of experience as a licensee in the other state or territory prior to application may apply for a license to practice in this state without meeting the full requirements of subsections (1) through (3) of this section. Upon payment of the license fee and passing such test of proficiency as the board shall require, including but not limited to a knowledge of the laws and administrative rules of this state as to funeral service, the board shall grant a license.
[54-1109, added 1970, ch. 70, sec. 8, p. 167; am. 1974, ch. 13, sec. 96, p. 138; am. 1978, ch. 166, sec. 1, p. 364; am. 1983, ch. 32, sec. 2, p. 82; am. 2003, ch. 257, sec. 6, p. 670; am. 2005, ch. 47, sec. 1, p. 178; am. 2008, ch. 109, sec. 1, p. 307; am. 2020, ch. 257, sec. 2, p. 744.]
The board may issue inactive licenses to morticians and funeral directors pursuant to rules adopted by the board that may specify the terms, procedures and fees necessary to maintain an inactive license. The holder of an inactive license shall not engage in any practice requiring a license under this chapter.
[54-1110, added 2017, ch. 184, sec. 1, p. 423.]
(1) The board shall issue a funeral establishment license or crematory establishment license to any person, partnership, association, corporation or other organization, to operate at specific locations only, which has met the following requirements:
(a) That the applicant, if an individual, is a licensed mortician or funeral director under this chapter and is a resident of the state of Idaho.
(b) That the applicant has not been refused a license as a mortician or funeral director or its equivalent, or as an establishment or its equivalent, or had a personal or establishment license revoked in Idaho or in any other state.
(c) That the applicant has designated the name under which the establishment will operate and has designated a location for which the establishment license is to be issued.
(d) That the applicant has at least one (1) mortician licensed under this chapter who is a resident of the state of Idaho and who is, and will be, in the employ or service of the establishment.
(e) That the applicant has filed an application and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. No establishment license shall be transferable, but an applicant may make application for more than one (1) establishment license as long as all of the requirements are met for each license.
(f) That the applicant for a crematory establishment license holds a current funeral establishment license in the state of Idaho.
(2) All applications for establishment licenses shall be in writing and shall contain the name of the applicant, the address and location of the establishment, and a description of the type of structure and equipment to be used in the operation of the establishment and such further information as may be required by the board to ensure the safe and sanitary operation of the establishment.
(3) The mortician responsible for the operation of an establishment shall maintain such records affecting the handling, custody, care, processing or transportation of human remains as may be required by the laws and rules of the state of Idaho and the board for all human remains received, prepared, cremated or otherwise disposed of by the establishment.
(4) In the event a licensed establishment ceases to have a resident full-time licensed mortician in its employ at its place of business, the licensed establishment must replace the full-time licensed mortician within ninety (90) days, or its license shall be canceled. This subsection shall not permit an unlicensed person to perform mortician services. The board may for good cause extend the time a licensed establishment has to replace a resident full-time licensed mortician.
[54-1111, added 1970, ch. 70, sec. 10, p. 167; am. 1974, ch. 13, sec. 98, p. 138; am. 2003, ch. 257, sec. 8, p. 672; am. 2020, ch. 257, sec. 3, p. 746.]
The board shall issue to any person a resident trainee license to practice as a resident trainee and perform services at a particular establishment under the personal supervision of a specified licensed mortician within the state of Idaho who has complied with and fulfilled all of the following requirements:
(1) Has attained eighteen (18) years of age, and is a resident of the state of Idaho.
(2) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(3) Has graduated from an accredited high school or a nonpublic school or has received an equivalent education as determined by the standards set and established by the state board of education.
(4) Has filed an application with the board as required by this chapter and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. Provided further, no person shall be eligible to be licensed as a resident trainee for a total cumulative period of more than three (3) years in the state of Idaho unless approved by the board for good cause. The three (3) year limitation includes all time practicing as a resident trainee or apprentice for a mortician license, funeral director license, or both.
[54-1112, added 1970, ch. 70, sec. 11, p. 167; am. 1974, ch. 13, sec. 99, p. 138; am. 2003, ch. 257, sec. 9, p. 673; am. 2009, ch. 72, sec. 1, p. 207; am. 2016, ch. 79, sec. 1, p. 258; am. 2022, ch. 246, sec. 12, p. 797; am. 2026, ch. 135, sec. 3, p. 634.]
All applications for all licenses to be issued pursuant to the provisions of this chapter shall be filed with the board, together with the required filing fee, upon such forms as prescribed by the board of morticians, and shall contain statements of facts relating to each of the qualifications prescribed in this chapter for which the license is sought as well as any other information specified by the board of morticians. The board may require, as part of the application, certified copies of documents showing compliance with the requirements for the license sought by the application, including but not limited to certified copies of diplomas or graduation certificates from high schools, colleges and embalming colleges, certified copies of birth certificates, and certified copies of articles of incorporation. For the purposes of this section, a document proving graduation from a nonpublic school shall satisfy the requirement for a high school diploma or graduation certificate. The application shall also list and describe the location of court records of any felony of which the applicant has been convicted in a court of law. All applications shall be signed by the applicant who shall verify the contents thereof under oath. All applications shall remain with the board and be a permanent record in that office.
Applications for the renewal of licenses shall be in such abbreviated form as prescribed by the board and shall require any information specified by the board of morticians.
[54-1113, added 1970, ch. 70, sec. 12, p. 167; am. 1974, ch. 13, sec. 100, p. 138; am. 2026, ch. 135, sec. 4, p. 634.]
Any fee required pursuant to this chapter, including fees for original licenses, examinations, renewals, and certificates, shall be set by board rule. All fees shall be paid to the division of occupational and professional licenses.
[54-1115, added 2020, ch. 257, sec. 5, p. 747; am. 2022, ch. 94, sec. 19, p. 296; am. 2025, ch. 104, sec. 7, p. 555.]
All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. In the event a licensee fails to renew a license as provided, the reinstatement fee shall be two hundred fifty dollars ($250).
[54-1115A, added 2001, ch. 136, sec. 3, p. 496; am. 2003, ch. 21, sec. 8, p. 82; am. 2024, ch. 86, sec. 9, p. 395.]
The board may refuse to issue or may refuse to renew or may suspend or may revoke any license, or may place the holder thereof on a term of probation, after proper hearing, upon finding that the holder of such license committed or is subject to any of the following acts or omissions:
(1) Conviction of a crime that reflects upon the qualifications, functions, or duties of the respective license.
(2) Unprofessional conduct, which is hereby defined to include:
(a) Misrepresentation or fraud in the conduct of mortician or funeral director services;
(b) False or misleading advertising as the holder of a license for the practice of mortician or funeral director services; advertising or using the name of a person who is not an employee of the establishment in connection with that of any establishment;
(c) Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs before death or after death; provided, that this shall not be deemed to prohibit general advertising;
(d) Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors," or other such persons, to solicit or obtain agreements with the public for the performance of mortician services;
(e) Employment, directly or indirectly, of any resident trainee, agent, assistant, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular mortician, funeral director or establishment;
(f) The direct or indirect payment, or offer of payment, of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business;
(g) Gross immorality;
(h) Aiding or abetting an unlicensed person to practice mortician or funeral director services;
(i) Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of;
(j) Violation of any of the provisions of this chapter;
(k) Violation of any state law, municipal or county ordinance, or rule authorized under this chapter affecting the handling, custody, care, processing or transportation of dead human bodies;
(l) Fraud or misrepresentation in obtaining or renewing a license;
(m) Refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody thereof;
(n) Solicitation or acceptance, directly or indirectly, of a request, before need, for an agreement to provide mortician services or funeral supplies at a price less than that offered by such person to others at time of need;
(o) Violation of any statutes of any state having to do with prearrangement or prefinancing of mortician services or funeral supplies; and
(p) Failing an inspection conducted by the board or the board’s agent.
[54-1116, added 1970, ch. 70, sec. 15, p. 167; am. 1974, ch. 13, sec. 102, p. 138; am. 1994, ch. 95, sec. 1, p. 218; am. 2003, ch. 257, sec. 12, p. 674; am. 2020, ch. 175, sec. 18, p. 521; am. 2020, ch. 257, sec. 6, p. 747; am. 2021, ch. 321, sec. 37, p. 980.]
Upon a written complaint filed with the board of morticians the board shall cause to be held a hearing to determine whether a license of any person issued under this chapter should be suspended or revoked, or the issuance or renewal thereof refused, because of a violation of any of the causes set forth in the preceding section 54-1116, Idaho Code. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. Any person aggrieved by the action of the board shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[54-1117, added 1970, ch. 70, sec. 16, p. 167; am. 1974, ch. 13, sec. 103, p. 138; am. 1993, ch. 216, sec. 61, p. 646; am. 2003, ch. 257, sec. 13, p. 675.]
(1) It shall be unlawful for any public officer or employee, an official of any public institution, any physician or surgeon, or any other person who had a professional relationship with any decedent to send or cause to be sent to any establishment or mortician the remains of any deceased person without having first made due inquiry as to the desires of the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code.
No person licensed under this chapter or anyone acting on behalf of a licensee shall participate in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a mortician or an establishment to perform the burial or disposal of a human body, except where the body or a part thereof is given for anatomical purposes.
Nothing herein contained shall be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased.
(2) No company, corporation or association engaged in the business of paying, or providing for the payment, of the expenses for mortician services or funeral supplies, or engaged in the business of providing insurance upon the life of any person for the payment of such expenses upon his death, shall pay any such insurance or benefits to any mortician, funeral director, establishment, or other person in any manner which might or could deprive the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code, from directing the method, manner and arrangements for the disposition of the remains.
[54-1118, added 1970, ch. 70, sec. 17, p. 167; am. 1994, ch. 423, sec. 6, p. 1331; am. 2003, ch. 257, sec. 14, p. 675.]
The department of health and welfare shall have the jurisdiction to regulate, control and supervise the preservation, embalming, handling, transportation and burial or disposal of all dead human bodies and all methods preparatory thereto; and that said department is hereby authorized to make and enforce such rules and regulations relating thereto as in its opinion are necessary to preserve and protect the public health.
[54-1119, added 1970, ch. 70, sec. 18, p. 167; am. 1974, ch. 13, sec. 104, p. 138.]
It shall be unlawful for any public transportation agent of any public transportation facility to receive a dead human body for shipment or transportation by any means of transportation or conveyance to or from any point in this state, or to a point outside this state, unless said embalmed human body is accompanied by a permit for final disposition signed by the individual authorized by law to certify the cause of death. Human remains shall not be delivered to a crematory or removed from the casket or other container without the written consent of the person giving the consent to the cremation of the body.
[54-1120, added 1970, ch. 70, sec. 19, p. 167; am. 1972, ch. 112, sec. 1, p. 227; am. 2003, ch. 257, sec. 15, p. 676.]
All income and expenses received or incurred under the provisions of this act shall be itemized, validated, and audited and allowed by the division administrator of the division of occupational and professional licenses.
[54-1121, added 1970, ch. 70, sec. 20, p. 167; am. 1974, ch. 13, sec. 105, p. 138; am. 2022, ch. 94, sec. 20, p. 296.]
The attorney general of the state of Idaho, the board, or any resident citizen may maintain an action in equity in their name or in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act or in failing to do any acts required by this act. Such action shall be brought in the district court of the county in which such acts or omissions, or some of them, are claimed to have been or are being committed, by filing a verified complaint. The court, or a judge thereof at chambers if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending further hearing of the cause. The cause shall then proceed as in other cases for injunction.
[54-1127, added 1970, ch. 70, sec. 26, p. 167.]
Any person who knowingly violates any provision of this chapter, or any licensee under this chapter who shall commit an act of unprofessional conduct as defined and designated under the provisions of subsection (2) of section 54-1116, Idaho Code, except paragraphs (g), (i), and (p) thereof, shall be guilty of a misdemeanor unless such conduct is punishable as a felony elsewhere under the law. It shall be the duty of the board of morticians to see that the provisions of this chapter are properly administered and enforced throughout the state, and all peace officers and prosecuting attorneys shall aid in their several capacities in discharge of these duties.
[54-1128, added 1970, ch. 70, sec. 27, p. 167; am. 1974, ch. 13, sec. 108, p. 138; am. 2003, ch. 257, sec. 16, p. 676; am. 2020, ch. 175, sec. 19, p. 522; am. 2020, ch. 257, sec. 7, p. 748.]
It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of prearrangement sales contract trust funds to assure funds for the performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral and cemetery merchandise and funeral and cemetery services, and to provide for the disbursement and allocation of trust funds upon the certified seller’s performance of its contractual obligations. The sections of Idaho Code specified herein shall not affect the provisions of sections 54-1101 through 54-1121 and section 54-1128, Idaho Code.
[54-1129, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 8, p. 748; am. 2026, ch. 221, sec. 86, p. 968.]
(1) Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services.
(2) Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to:
(a) Agreements to sell or sales made for rights of interment or entombment in a cemetery section, lawn crypt section, mausoleum or columbarium that are in existence at the time of initial payment on the contract; or
(b) Agreements to sell or sales made for monuments and grave markers that will be delivered and installed upon performance of payment.
[54-1130, added 1989, ch. 138, sec. 2, p. 311; am. 2020, ch. 257, sec. 9, p. 748.]
As used in sections 54-1132 through 54-1143, Idaho Code:
(1) "Beneficiary" means the person who is to receive the funeral or cemetery merchandise or funeral or cemetery services.
(2) "Certified seller" means any licensed funeral establishment that holds a certificate of registration or that is registered to sell or offer for sale prearrangement sales contracts.
(3) "Funeral or cemetery merchandise" means personal property normally and customarily sold by funeral establishments, cemeteries, and crematory establishments including, but not limited to, caskets or other primary containers, burial vaults, casket-vaults, grave liners, funeral clothing or accessories, monuments, grave markers and cremation urns. It shall include:
(a) Merchandise identified for the purchaser or the beneficiary to be manufactured for future delivery and use.
(b) Merchandise that has been manufactured and held by the manufacturer for future delivery and use.
(c) Merchandise that has been manufactured and delivered to and in the possession of the seller, who has placed it, until needed, in storage.
(4) "Funeral or cemetery services" means those services normally and customarily performed by a funeral service practitioner, mortician, funeral establishment, cemetery or crematory establishment in conjunction with funeral or memorial services, interment, entombment or cremation.
(5) "Guaranteed contract" means a written prearrangement sales contract that guarantees the beneficiary funeral or cemetery services or funeral or cemetery merchandise contained in the contract and under which no charges other than the sales price contained in the contract shall be required upon delivery of the merchandise or performance of the funeral and cemetery services.
(6) "Nonguaranteed contract" means a written prearrangement sales contract that does not guarantee the beneficiary any specific funeral or cemetery merchandise or services. Any funds paid under this contract are only a deposit to be applied toward the final cost of the funeral or cemetery merchandise or services.
(7) "Prepaid prearrangement sale or prearrangement sales contract" means any sale, other than a contract of life insurance entered into by an insurance company, that has as its purpose the furnishing of funeral or cemetery merchandise or funeral or cemetery services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time.
(8) "Primary container" means a casket, rental casket, casket-vault, chapel-vault or other container that serves as the repository for dead human remains.
(9) "Public cemetery" means a cemetery owned and operated by a cemetery district organized under Idaho law, or by a municipal corporation or political subdivision of the state of Idaho.
(10) "Purchaser" means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract with a certified person under which any payment or payments made under the contract are required to be deposited in trust.
(11) "Secondary container" means a vault, grave liner, urn or other container purchased by the buyer for a burial or required by the cemetery that will be the repository for the primary container.
(12) "Trustee" means any bank, trust company or savings institution authorized to do business in the state of Idaho where accounts are insured with the federal deposit insurance corporation, the federal savings and loan insurance corporation or other similar agency of the United States government.
[54-1131, added 1989, ch. 138, sec. 2, p. 312; am. 1994, ch. 105, sec. 6, p. 236; am. 2003, ch. 257, sec. 17, p. 676; am. 2020, ch. 257, sec. 10, p. 749.]
(1) Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority.
(2) A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed.
(3) A licensed funeral establishment seeking to obtain a certificate of authority must submit a statement that includes the following:
(a) The types of prepaid contracts to be written;
(b) The name and address of the place of business of the licensed funeral establishment; and
(c) Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code.
(4) Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment.
(5) The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.
(6) A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.
(7) The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.
[54-1132, added 1989, ch. 138, sec. 2, p. 313; am. 2003, ch. 257, sec. 18, p. 677; am. 2016, ch. 80, sec. 1, p. 259; am. 2020, ch. 257, sec. 11, p. 750.]
(1) Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style.
(2) Each contract shall identify the seller, the certificate of authority number the certified seller is working under, purchaser, and the beneficiary if other than the purchaser.
(3) Each contract shall specify the services and/or merchandise to be provided, as well as a statement of the law regarding substitution as provided in section 54-1137, Idaho Code.
(4) Each contract shall set forth the purchase price and the terms under which it is to be paid.
(5) Each contract shall conform to other state or federal regulations, including price disclosure. It is the contract seller’s duty to comply with such regulations.
(6) Each contract shall state clearly whether it is a guaranteed price contract or a nonguaranteed price contract.
(7) Each contract shall state clearly whether it is a revocable or nonrevocable trust.
(8) Each contract shall state the amount of money to be placed in trust and the name of the trustee, but the contract may provide that the certified seller may designate a new trustee to obtain higher interest earnings on the trust funds.
(9) Each contract shall explain the disposition of the interest and include a statement of the fees, expenses and taxes that may be deducted from the interest pursuant to section 54-1134, Idaho Code, and a statement of the purchaser’s responsibility for taxes owed on the interest.
(10) Each contract shall explain the purchaser’s cancellation rights pursuant to section 54-1135, Idaho Code.
[54-1133, added 1989, ch. 138, sec. 2, p. 313; am. 2020, ch. 257, sec. 12, p. 750.]
(1) Within ten (10) business days of receipt, funds received by the certified seller in payments of the prepaid contract shall be deposited in trust as follows:
(a) Fifty percent (50%) of the amount received in payment for a marker, monument or secondary container shall be deposited with the trustee to be held in trust; provided however, the first fifty percent (50%) of the fifty percent (50%), or twenty-five percent (25%) of the total, may be collected, accounted for and applied to the certified seller’s cost of purchase with the remainder to be deposited in trust. No amount need be held in trust for those items that are fully purchased by the certified seller and stored for the purchaser at the certified seller’s expense in a bonded warehouse.
(b) Upon the sale of all other funeral or cemetery merchandise or services, there shall be deposited in trust the amount of eighty-five percent (85%) of the amounts received.
(2) Funds deposited in trust shall be identified in the records of the trustee by the name of the purchaser and beneficiary, and adequate records shall be maintained to allocate all earnings to each prearrangement sales contract. Nothing shall prevent the trustee from commingling the deposits in any such trust fund account for purposes of managing and investing the funds. A common trust fund account shall be identified by the name of the trustee.
(3) The certificating authority shall, as often as it deems reasonably necessary, examine the trust account, records, documents, and contracts. No less than annually, each certificating authority is required to file a certified audit report for each of its sellers, revealing the total amount of agreements or contracts executed by the seller during the preceding year, the total value of said contracts or agreements, the amount of money collected and paid in trust pursuant to said contracts or agreements, and the name of the trustee.
(4) The interest income from the trust on all contracts may be used to pay reasonable trustee fees and administrative expenses incurred in the administration of the trust and taxes. The certificating authority shall, by rule, establish a limit on the amount of fees and expenses that may be deducted from the interest income, and the trustee shall not exceed said limit.
(5) At the time of providing the services and/or merchandise, any interest income remaining after payment of trustee fees, administrative expenses and taxes shall be disbursed as follows:
(a) On a guaranteed-price prepaid contract, to the seller.
(b) On a nonguaranteed-price prepaid contract, to the purchaser or the purchaser’s estate.
(6) Any certified seller engaging in prearrangement sales that enters into a combination sale that involves the sale of items subject to trust and any item not subject to trust shall be prohibited from increasing the sales price of those items not subject to trust with the purpose of allocating a lesser sales price to items that require a trust deposit.
[54-1134, added 1989, ch. 138, sec. 2, p. 314; am. 2020, ch. 257, sec. 13, p. 751.]
A. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest thereon, less reasonable administrative expenses and taxes incurred in the operation of the trust.
B. Prearrangement sales contracts which are irrevocable pursuant to the terms of such contract shall not be cancellable by the purchaser or by the beneficiary.
[54-1135, added 1989, ch. 138, sec. 2, p. 315.]
(1) The right of a certified seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited.
(2) Advertising and marketing of prearrangement sales contracts is permitted provided that:
(a) The certified seller and its agents clearly identify themselves and their product.
(b) The certified seller and its agents show the certificate of authority as provided in section 54-1132, Idaho Code. If the marketing is by telephone, the certified seller and its agents must disclose the certificate of authority.
(3) Advertising and marketing of prearrangement sales contracts is permitted provided that any contract seller shall not:
(a) Directly or indirectly call upon or employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, or similar institutions for the purpose of soliciting prepaid contracts for making funeral or cemetery or final disposition arrangements without first having been specifically requested to do so by such person or by his next of kin.
(b) Solicit for dead human bodies for the purpose of providing funeral or cemetery services, final disposition, or cemetery or funeral merchandise when such solicitation occurs where death is reasonably pending or after death.
(c) Solicit or accept or pay any consideration for recommending specified persons to cause a dead human body to be provided funeral or cemetery services or funeral or cemetery merchandise, or the services of a crematory, mausoleum, or cemetery, except where such arrangement is subject to a prepaid contract.
(d) Be involved in solicitation that comprises an uninvited invasion of personal privacy at the personal residence of a person, unless the solicitation has been previously and expressly requested by the person solicited.
[54-1136, added 1989, ch. 138, sec. 2, p. 315; am. 2003, ch. 257, sec. 19, p. 678; am. 2020, ch. 257, sec. 14, p. 752.]
(1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship.
(2) The evaluation of quality shall be based on objective criteria.
(3) The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section.
(4) If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.
[54-1137, added 1989, ch. 138, sec. 2, p. 316; am. 2020, ch. 257, sec. 15, p. 753.]
(1) Sections 54-1129 through 54-1143, Idaho Code, shall be enforced by the Idaho state board of morticians or by the Idaho state board of cemeterians, depending upon whether the seller is a mortician/funeral director or cemeterian, who shall have authority to promulgate rules to enforce the provisions.
(2) Any person violating the provisions of sections 54-1129 through 54-1143, Idaho Code, shall be guilty of a misdemeanor unless such act is punishable as a felony elsewhere under law.
(3) No funeral service or funeral merchandise provider, be it funeral home or cemetery or third party seller, shall go out of business or sell a substantial part or all of its assets to any other person or firm without first disclosing the full particulars of all prearrangement sales contracts entered into by such seller, including the date of such contract, the purchaser thereof, the beneficiary, the amount of the trust, the name and location of trustee, and the merchandise or services to be provided under the terms of the contract.
[54-1138, added 1989, ch. 138, sec. 2, p. 316; am. 2003, ch. 257, sec. 20, p. 679.]
(1) A person may provide written instructions as part of a prearranged funeral plan for disposition of the person’s remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instructions, as provided in section 54-1133, Idaho Code.
(2) As used in this section, "prearranged funeral plan" means a plan:
(a) For the final disposition of a person’s remains; and
(b) That has been funded in advance of the death of the person leaving instructions for the disposition of that person’s remains.
(3) A person, as part of a prearranged funeral plan, shall have the authority to sign all necessary or required forms, authorizations or agreements pertaining to the disposition of his remains including, but not limited to, a cremation authorization form.
(4) A person, as part of a prearranged funeral plan, may designate a person to make decisions regarding any substitutions under section 54-1137, Idaho Code.
(5) To the extent any provisions relating to the disposition of a person’s remains are not clearly covered in a prearranged funeral plan, then the provisions of section 54-1142, Idaho Code, shall apply. The mere ownership of a burial plot, with or without a headstone or marker, does not constitute a prearranged funeral plan.
[54-1139, added 1994, ch. 423, sec. 1, p. 1329; am. 2009, ch. 51, sec. 1, p. 132.]
Unless a compelling public interest makes it impossible to comply with a person’s direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.
[54-1140, added 1994, ch. 423, sec. 2, p. 1330.]
The provisions of sections 54-1140 and 54-1142, Idaho Code, shall not prevent the deceased person’s survivors from, at their own expense, pursuing alternate meaningful services and making arrangements for funeral services that do not conflict with the deceased’s instructions for disposition.
[54-1141, added 1994, ch. 423, sec. 3, p. 1330; am. 2003, ch. 257, sec. 21, p. 679; am. 2009, ch. 51, sec. 2, p. 133.]
(1) If the decedent has not made a prearranged funeral plan as set forth in section 54-1139, Idaho Code, or to the extent any provisions relating to the disposition of the person’s remains are not clearly covered in a prearranged funeral plan, the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan vests in, and devolves upon, the following in the order named:
(a) The person designated in a written document executed by the decedent and acknowledged in the same manner as required for instruments conveying real property, and subject to such limitations, restrictions, or directions, as may be set forth in such document, or the person designated by the decedent as authorized to direct disposition as listed on the decedent’s United States department of defense record of emergency data, DD form 93 or its successor form, if the decedent died while serving in military service as described in 10 U.S.C. 1481(a)(1) through (8) in any branch of the United States armed forces, United States reserve forces or national guard;
(b) The person designated as agent under a durable power of attorney for health care executed by the decedent, unless such durable power of attorney for health care contains express and clear language denying such right;
(c) The person designated in a durable power of attorney executed by the decedent, if such power of attorney contains express and clear language granting such right to the agent named in such power of attorney;
(d) The person acting as guardian of the decedent at the time of the decedent’s death, or if no guardian was then acting, the person acting as conservator of the decedent at the time of the decedent’s death;
(e) The competent surviving spouse of the decedent;
(f) A majority of the competent surviving adult children of the decedent, provided that less than one-half (1/2) of the competent surviving adult children shall be vested with the right to control the disposition of the remains of the decedent if they have used reasonable efforts to notify all other competent surviving adult children of their instructions to dispose of the decedent’s remains and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all competent surviving adult children;
(g) The competent surviving parents or parent of the decedent, provided that if one (1) of the competent surviving parents is absent, the remaining competent surviving parent shall be vested with the right to control the disposition of the remains of the decedent after reasonable efforts have been made and are unsuccessful in locating the absent competent surviving parent;
(h) The person appointed by a court of competent jurisdiction as the personal representative or administrator of the estate of the decedent;
(i) The person nominated as the personal representative of the estate of the decedent in the will of the decedent;
(j) The competent adult person or persons entitled to inherit from the decedent under the intestate succession laws of the state of Idaho, respectively in the next degree of kinship, provided that if there is more than one (1) competent surviving adult person of the same degree of kinship, the majority of those persons, and provided further that less than the majority of competent surviving adult persons of the same degree of kinship shall be vested with the right to control the disposition of the remains of the decedent if those persons have used reasonable efforts to notify all other competent surviving adult persons of the same degree of kinship of their instructions to dispose of the decedent’s remains and are not aware of any opposition to those instructions on the part of one-half (1/2) or more of all competent surviving adult persons of the same degree of kinship.
(2) If any person to whom the right of control has vested pursuant to the foregoing has been charged with first or second degree murder or voluntary manslaughter in connection with the decedent’s death, and those charges are known to the funeral director or cemetery authority, the right of control is relinquished and passed on to the next qualifying person as listed above as if the charged person did not exist; provided however, that if the charges against such person are dropped, or if such person is acquitted of the charges, the right of control is returned to the person.
(3) For purposes of this section:
(a) "Adult" means an individual who is eighteen (18) years of age or older;
(b) "Child" means a natural or adopted child of the decedent;
(c) "Competent" means the individual has not been declared incompetent by a court of law or has been declared competent by a court of law after a prior declaration of incompetence;
(d) "Durable power of attorney" means a power of attorney described in section 15-12-102, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;
(e) "Durable power of attorney for health care" means the document described in chapter 45, title 39, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;
(f) "Will" means any testamentary device that is valid under the Idaho probate code, including, but not limited to, sections 15-2-503, 15-2-504 and 15-2-506, Idaho Code, whether or not originally executed in, or under the laws of, the state of Idaho.
(4)(a) A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist in, and a physician may perform, an autopsy of any remains of a decedent in its custody:
(i) If the decedent, prior to his death, authorizes an autopsy in his will or in another written instrument, including, but not limited to, a durable power of attorney for health care; or
(ii) Upon the receipt of a written authorization signed by, telegrammed from, or received by facsimile transmission from a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer; or
(iii) Upon the receipt of an oral authorization obtained by telephone and recorded on tape or other recording device from a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer.
(b) A cemetery authority or a licensed funeral director of a licensed hospital or its authorized personnel is not liable for permitting or assisting, and a physician is not liable for performing, an autopsy pursuant to the authorization provided in paragraph (a) of this subsection unless he has actual notice that such representation is untrue at the time the autopsy is performed. If such authorization is contained in a will, the autopsy may be performed regardless of the validity of the will in other respects and regardless of whether the will may not be offered for, or admitted to, probate until a later date.
(c) This subsection shall not authorize the obtaining of an oral authorization by telephone, recorded on tape or other recording device, for the autopsy of a deceased person if it is made known to the physician who is to perform the autopsy that the deceased person was, at the time of his death, a member of a religion or group that opposes autopsies.
(5) Persons designated in subsection (1) of this section have a direct and tangible interest in the death certificate of a decedent pursuant to section 39-270(b), Idaho Code.
(6) Notwithstanding any other provision of law to the contrary, if the decedent is cremated and the person or persons vested with the right to control the disposition of his remains pursuant to this section does not claim the remains within one (1) year following his death or fails to exercise control over the remains for a period of at least one (1) year, a funeral director or mortician may lawfully provide for the disposition of the remains in a manner consistent with respectful funeral home end-of-life processes when the deceased was indigent or has no next of kin or legal representative to make final disposition decisions. A funeral director or crematory authority shall maintain records of the location and date of such disposition for at least ten (10) years. This subsection shall not apply to unclaimed remains of veterans as provided for in section 54-1144, Idaho Code.
[54-1142, added 1994, ch. 423, sec. 4, p. 1330; am. 2001, ch. 263, sec. 1, p. 964; am. 2005, ch. 120, sec. 6, p. 391; am. 2006, ch. 181, sec. 1, p. 560; am. 2008, ch. 186, sec. 3, p. 585; am. 2009, ch. 51, sec. 3, p. 133; am. 2010, ch. 43, sec. 1, p. 76; am. 2015, ch. 126, sec. 1, p. 319; am. 2024, ch. 117, sec. 1, p. 501; am. 2025, ch. 137, sec. 1, p. 700.]
(1) Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceased whose remains are sought to be buried or cremated and the signer’s authority to order such disposition.
(2) A funeral establishment, cemetery or crematory establishment shall have the right to rely on such authorization and shall have authority to dispose of human remains upon the receipt of an authorization form signed by the decedent or by the person having the right to control disposition as set forth in section 54-1142, Idaho Code, or upon authorization by the county coroner pursuant to section 31-2802, Idaho Code. There shall be no liability of a funeral establishment, cemetery or crematory establishment that disposes of human remains pursuant to such authorization, or that releases or disposes of the remains pursuant to such authorization.
[54-1143, added 1994, ch. 423, sec. 5, p. 1331; am. 2003, ch. 257, sec. 22, p. 679; am. 2012, ch. 208, sec. 3, p. 563.]
(1) The division of veterans services may assume control over the cremated remains of a deceased person if:
(a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
(b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
(c) The division of veterans services certifies that the deceased person is eligible for interment at a state veterans cemetery as an armed forces member pursuant to the rules of the state veterans cemetery.
(2) An Idaho chapter of a nationally chartered veterans services organization may assume control over the cremated remains of a deceased person if:
(a) The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
(b) The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
(c) The Idaho chapter of a nationally chartered veterans services organization certifies that:
(i) The deceased person is an armed forces member as defined in the rules of a state veterans cemetery;
(ii) The Idaho chapter of a nationally chartered veterans services organization shall be solely responsible for the costs of interment, including the application for and receipt of any available governmental benefits.
(3) There shall be no liability of a funeral establishment, mortuary, cemetery, crematory, or a related entity, a licensed mortician, or licensed funeral director, or any employee or agent thereof who transfers the cremated remains of a deceased person to the division of veterans services or an Idaho chapter of a nationally chartered veterans services organization pursuant to the provisions of this section.
(4) There shall be no liability of the state of Idaho or any employee or agent thereof related to the transfer of the cremated remains of a deceased person to an Idaho chapter of a nationally chartered veterans services organization or the interment of such remains pursuant to the provisions of this section.
[54-1144, added 2003, ch. 53, sec. 1, p. 194; am. 2018, ch. 66, sec. 1, p. 157.]
To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying for any project physically located in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a licensed professional engineer or professional land surveyor, unless such person has been duly licensed or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly licensed as a professional engineer by the board under this chapter. Except as exempted by section 54-1223, Idaho Code, a land surveyor shall be allowed to practice professional land surveying as defined in this chapter only when he has become duly licensed as a professional land surveyor by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of licensure of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person’s license, which shall not be transferable.
[54-1201, added 1939, ch. 231, sec. 1, p. 516; am. 1957, ch. 234, sec. 1, p. 547; am. 1986, ch. 140, sec. 1, p. 377; am. 1996, ch. 357, sec. 1, p. 1186; am. 2001, ch. 247, sec. 1, p. 890; am. 2008, ch. 378, sec. 2, p. 1024.]
As used in this chapter, unless the context or subject matter requires otherwise:
(1) "Authoritative" means certified by a professional land surveyor in accordance with established principles of professional land surveying when used to describe products, processes, applications or data resulting from the practice of professional land surveying.
(2) "Benchmark" means a material object, natural or artificial, whose elevation is referenced to an adopted datum.
(3) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors, hereinafter provided by this chapter.
(4) "Business entity" means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.
(5) "Consulting engineer" means a professional engineer whose principal occupation is the independent practice of professional engineering; whose livelihood is obtained by offering engineering services to the public; who is devoid of public, commercial and product affiliation that might tend to infer a conflict of interest; and who is cognizant of his public and legal responsibilities and is capable of discharging them.
(6) "Engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences, and the principles and methods of engineering analysis and design, acquired by professional education and engineering experience.
(7) "Engineer intern" means a person who has been duly certified as an engineer intern as provided in this chapter.
(8) "Land surveyor intern" means a person who has been duly certified as a land surveyor intern by the board as provided in this chapter.
(9) "Professional boundary land survey" means land surveying services performed by a land surveyor licensed by this chapter and includes establishing, reestablishing, marking, or locating the corners or lines of:
(a) Property boundaries;
(b) The public land survey system;
(c) Rights-of-way;
(d) Easements;
(e) Lease areas; or
(f) Other interests in real property.
(10) "Professional engineer" means a person who has been duly licensed as a professional engineer by the board under this chapter.
(11) "Professional engineering" and "practice of professional engineering" mean any service or creative work offered to or performed for the public for any project physically located in this state, such as consultation, investigation, evaluation, planning, designing, design coordination, teaching upper division engineering design subjects, and responsible charge of observation of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, or to certify elevation information, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such service requires the application of engineering principles and data. A person shall be construed to practice or offer to practice professional engineering within the meaning and intent of this chapter who practices or offers to practice any of the branches of the profession of engineering for the public for any project physically located in this state or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter or holds himself out as able to perform or who does perform for the public for any project physically located in this state any engineering service or work or any other service designated by the practitioner that is the practice of professional engineering.
(12) (a) "Professional land surveying" and "practice of professional land surveying" mean responsible charge of authoritative land surveying services using sciences such as mathematics, geodesy and photogrammetry and involving:
(i) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvement on the earth, and the space above, on or below the earth; and
(ii) Providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions or projects. Professional services include acts of consultation, investigation, testimony, planning, mapping, assembling and interpreting and gathering measurements and information related to any one (1) or more of the following:
Determining by measurement the configuration or contour of the earth’s surface or the position of any fixed objects;
Performing geodetic surveys to determine the size and shape of the earth or the position of any point on the earth;
Locating, relocating, establishing, reestablishing or retracing property lines or boundaries of any tract of land, road, right-of-way, easement or real property lease;
Making any survey for a division or subdivision or a consolidation of any tracts of land;
Locating or laying out of alignments, positions or elevations in the field for the construction of fixed works;
Determining, by the use of principles of surveying, the position for any boundary or nonboundary survey monument or reference point or for establishing or replacing any such monument or reference point;
Certifying elevation information;
Preparing narrative land descriptions; or
Creating, preparing or modifying electronic or other data necessary for the performance of activities in subparagraphs 1. through 8. of this paragraph.
(b) "Professional land surveying" and "practice of professional land surveying" shall not mean:
(i) Mapping or geographic information system work that is for nonauthoritative boundaries and nonauthoritative elevations;
(ii) Construction survey work that is unrelated to establishing vertical and horizontal project control; or
(iii) Construction staking of fixed works or the development and use of electronic models for machine-controlled construction that by design are unrelated to determining boundaries described in paragraph (a)(ii)3. of this subsection.
Any person shall be construed to practice or offer to practice professional land surveying who engages in professional land surveying or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional land surveyor or who represents himself as able to perform or who does perform any professional land surveying service or work or any other service designated by the practitioner that is professional land surveying.
(13) "Professional land surveyor" means a person who is qualified by reason of his knowledge of the principles of land surveying acquired by education and practical experience to engage in the practice of professional land surveying and who has been duly licensed as a professional land surveyor by the board under this chapter.
(14) "Public" means any person, firm, corporation, partnership, company, government agency, institution or any other entity recognized by law.
(15) "Responsible charge" means the control and direction of engineering work, or the control and direction of land surveying work, requiring initiative, professional skill, independent judgment and professional knowledge of the content of relevant documents during their preparation. Except as allowed under section 54-1223, Idaho Code, reviewing, or reviewing and correcting, documents after they have been prepared by others does not constitute the exercise of responsible charge.
(16) "Retired professional engineer" or "retired professional land surveyor" means a professional licensed under this chapter who chooses to place his license in retired status indicating he is no longer practicing or offering to practice professional engineering or professional land surveying.
(17) "Rules of professional responsibility" means those rules, if any, promulgated by the board, as authorized by the Idaho Code.
(18) "Standard design plan" means a building, structure, equipment or facility that is intended to be constructed or sited at multiple locations and for which some or all of the plans must be prepared by a professional engineer.
(19) "Survey monuments used as control" means any monument marking, referencing, or used as a witness for a line or corner in any professional boundary land survey as defined in subsection (9) of this section.
[54-1202, added 1939, ch. 231, sec. 2, p. 516; am. 1957, ch. 234, sec. 2, p. 547; am. 1961, ch. 258, sec. 1, p. 422; am. 1978, ch. 170, sec. 1, p. 372; am. 1986, ch. 140, sec. 2, p. 377; am. 1996, ch. 357, sec. 2, p. 1187; am. 2000, ch. 289, sec. 1, p. 991; am. 2001, ch. 247, sec. 2, p. 890; am. 2002, ch. 6, sec. 1, p. 6; am. 2007, ch. 219, sec. 1, p. 655; am. 2008, ch. 378, sec. 3, p. 1024; am. 2011, ch. 136, sec. 10, p. 389; am. 2013, ch. 339, sec. 1, p. 886; am. 2014, ch. 235, sec. 1, p. 594; am. 2015, ch. 116, sec. 1, p. 300; am. 2016, ch. 61, sec. 1, p. 195; am. 2020, ch. 127, sec. 1, p. 396; am. 2022, ch. 43, sec. 4, p. 116.]
There is hereby established in the division of occupational and professional licenses the Idaho board of licensure of professional engineers and professional land surveyors. It shall consist of seven (7) persons, appointed by the governor who may consider recommendations for appointment to the board from any organized and generally recognized state engineering society in this state, any organized and generally recognized state land surveying society in this state and from any individual residing in this state. The board shall be comprised of four (4) persons licensed as professional engineers, two (2) persons licensed as professional land surveyors and one (1) person who shall be a member of the general public with an interest in the rights of consumers of engineering and land surveying services. The members of the board shall have the qualifications required by section 54-1204, Idaho Code. Each member of the board shall take, subscribe and file the oath required by chapter 4, title 59, Idaho Code, before entering upon the duties of the office. On the expiration of the term of any member, a successor shall be appointed in like manner by the governor for a term of five (5) years. Any appointment to complete a term that has not expired, because of resignation, removal or inability of a member to serve for any reason, shall be for the unexpired portion of the term. A member of the board shall hold office until the expiration of the term for which he was appointed and until his successor has been appointed and qualified. A member, after serving two (2) consecutive full terms in addition to any unexpired portion of a term, shall not be reappointed for a period of two (2) years. The board, on its own initiative, may appoint any former member as an emeritus member for special assignment to assist the board in the administration of this chapter.
[54-1203, added 1939, ch. 231, sec. 3, p. 516; am. 1974, ch. 13, sec. 109, p. 138; am. 1978, ch. 170, sec. 2, p. 373; am. 1986, ch. 140, sec. 3, p. 379; am. 1996, ch. 357, sec. 3, p. 1189; am. 2008, ch. 378, sec. 4, p. 1028; am. 2015, ch. 114, sec. 1, p. 294; am. 2016, ch. 340, sec. 14, p. 939; am. 2021, ch. 222, sec. 11, p. 627.]
Members of the board shall be citizens of the United States and residents of this state; and except for the public member, they shall have been engaged for at least twelve (12) years in the practice of engineering for the professional engineer members or land surveying for the professional land surveyor members, shall have been in responsible charge for at least five (5) years of important professional engineering or professional land surveying work, and shall be licensed under the provisions of this chapter. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important professional engineering or professional land surveying work.
[54-1204, added 1939, ch. 231, sec. 4, p. 516; am. 1957, ch. 234, sec. 3, p. 547; am. 1978, ch. 170, sec. 3, p. 374; am. 1986, ch. 140, sec. 4, p. 380; am. 1996, ch. 357, sec. 4, p. 1189; am. 2008, ch. 378, sec. 5, p. 1028; am. 2015, ch. 114, sec. 2, p. 295; am. 2016, ch. 340, sec. 15, p. 940.]
Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code, when attending to the work of the board or any of its committees and for the time spent in necessary travel; and, in addition thereto, shall be reimbursed for all actual travel, per diem, incidentals and clerical expenses necessarily incurred in carrying out the provisions of this chapter.
[54-1205, added 1939, ch. 231, sec. 5, p. 516; am. 1957, ch. 234, sec. 4, p. 547; am. 1978, ch. 170, sec. 4, p. 374; am. 1980, ch. 247, sec. 59, p. 624; am. 1986, ch. 140, sec. 5, p. 380; am. 2000, ch. 289, sec. 2, p. 993; am. 2007, ch. 219, sec. 2, p. 657.]
Board members shall serve at the pleasure of the governor. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-1203, Idaho Code.
[54-1206, added 1939, ch. 231, sec. 6, p. 516; am. 1986, ch. 140, sec. 6, p. 380; am. 2016, ch. 340, sec. 16, p. 940.]
The board shall hold at least one (1) regular meeting each year. The rules of the board may provide for additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The board shall annually elect a chairman, a vice chairman and a secretary, who shall be members of the board. Four (4) members shall constitute a quorum.
[54-1207, added 1939, ch. 231, sec. 7, p. 516; am. 1978, ch. 170, sec. 5, p. 374; am. 1996, ch. 357, sec. 5, p. 1190; am. 2000, ch. 289, sec. 3, p. 993; am. 2015, ch. 114, sec. 3, p. 295; am. 2016, ch. 341, sec. 1, p. 966; am. 2021, ch. 221, sec. 4, p. 611.]
(1) The board shall have the power to adopt and amend administrative rules including, but not limited to, rules of professional responsibility, rules of continuing professional development not to exceed sixteen (16) hours annually for each profession for which the professional is licensed, and rules of procedure, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the administration of the chapter and the regulation of proceedings before the board. These actions by the board shall be binding upon persons licensed under this chapter and shall be applicable to business entities holding a certificate of authorization as provided in section 54-1235, Idaho Code. It shall adopt and have an official seal which shall be affixed to each license and certificate issued.
(2) The board may subject an applicant for licensure or certification to such examination as it deems necessary to determine qualifications. Notwithstanding the provisions of section 67-9409, Idaho Code, the board shall determine and administer an appropriate open book jurisprudence exam for the licensing of surveyors pursuant to this chapter.
(3) Any action, claim or demand to recover money damages from the board or its employees which any person is legally entitled to recover as compensation for the negligent or otherwise wrongful act or omission of the board or its employees, when acting within the course and scope of their employment, shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho Code. For purposes of this section, the term "employees" shall include, in addition to those persons listed in section 6-902(4), Idaho Code, special assignment members, emeritus members and any independent contractors while acting within the course and scope of their board related work.
(4) The board may recommend arbitration of disputes between professional engineers or disputes between professional land surveyors.
[54-1208, added 1939, ch. 231, sec. 8, p. 516; am. 1957, ch. 234, sec. 5, p. 547; am. 1963, ch. 22, sec. 1, p. 163; am. 1974, ch. 13, sec. 110, p. 138; am. 1986, ch. 140, sec. 7, p. 380; am. 1990, ch. 192, sec. 1, p. 424; am. 1998, ch. 220, sec. 6, p. 758; am. 1999, ch. 273, sec. 1, p. 686; am. 2000, ch. 289, sec. 4, p. 993; am. 2001, ch. 247, sec. 3, p. 892; am 2008, ch. 378, sec. 6, p. 1029; am. 2026, ch. 18, sec. 1, p. 103; am. 2026, ch. 221, sec. 4, p. 931.]
(1) The secretary of the board, or assistants thereto as may be designated by the board, shall receive and account for all moneys derived under the provisions of this chapter. All fees received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes.
(2) The secretary of the board shall be bonded to the state of Idaho in the time, form, and manner prescribed in chapter 8, title 59, Idaho Code.
(3) The administrator of the division of occupational and professional licenses shall carry out the duties set forth in chapter 26, title 67, Idaho Code, and any other administrative duties on behalf of the board.
[54-1209, added 2021, ch. 224, sec. 40, p. 673.]
(1) The board shall keep a record of its proceedings and a record of all applications for licensure or certification, which record shall show: the name, date of birth and last known address of each applicant; the date of the application; the place of business of such applicant; his education, experience and other qualifications; type of examination required; whether or not the applicant was rejected; whether or not a certificate or license was granted; the dates of the action of the board; and any other information as may be deemed necessary by the board.
(2) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein and the minutes thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(3) Board records and papers are subject to disclosure according to chapter 1, title 74, Idaho Code.
[54-1210, added 1939, ch. 231, sec. 10, p. 516; am. 1957, ch. 234, sec. 6, p. 547; am. 1986, ch. 140, sec. 9, p. 382; am. 1990, ch. 213, sec. 76, p. 541; am. 1996, ch. 357, sec. 7, p. 1190; am. 2008, ch. 378, sec. 7, p. 1030; am. 2015, ch. 141, sec. 136, p. 481; am. 2021, ch. 174, sec. 1, p. 483.]
A complete roster showing the names and last known addresses of all professional engineers, all professional land surveyors, all business entities holding certificates of authorization as required under section 54-1235, Idaho Code, and all who possess current certification as engineer interns and as land surveyor interns shall be maintained by the board in an electronic format available to the public.
[54-1211, added 1939, ch. 231, sec. 11, p. 516; am. 1961, ch. 258, sec. 2, p. 422; am. 1963, ch. 28, sec. 1, p. 169; am. 1978, ch. 170, sec. 7, p. 375; am. 1986, ch. 140, sec. 10, p. 383; am. 1991, ch. 30, sec. 11, p. 66; am. 1996, ch. 357, sec. 8, p. 1191; am. 2000, ch. 289, sec. 6, p. 995; am. 2008, ch. 278, sec. 8, p. 1030.]
Except as herein otherwise expressly provided, no license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be issued until an applicant has successfully passed an examination given by or approved by the board, nor shall a license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, be issued to an applicant having habits or character that would justify revocation or suspension of his license or certificate. Except for military personnel stationed in the state of Idaho on military orders and except for persons employed full-time in the state of Idaho, only residents of the state of Idaho and students enrolled at an Idaho university or college may qualify for initial licensure. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for certification as an intern or licensure as a professional engineer or professional land surveyor:
(1) As a professional engineer:
(a) Graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of an additional four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering; or
(b) Graduation with a bachelor’s degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering.
(2) As a professional land surveyor:
(a) Graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional land surveying; or
(b) Graduation with a bachelor’s degree in a related program from a school or college approved by the board as being of satisfactory standing, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice land surveying.
(3) As an engineer intern:
(a) Passage of an examination on the fundamentals of engineering and graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to enroll as an engineer intern;
(b) Passage of an examination on the fundamentals of engineering and graduation with a bachelor’s degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern; or
(c) Passage of an examination on the fundamentals of engineering and graduation with an engineering master’s or doctoral degree approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern.
(d) In the event the applicant passes the examination prior to graduation under the provisions of paragraph (a), (b) or (c) of this subsection, a certificate will be issued only after the applicant graduates.
(4) As a land surveyor intern:
(a) Passage of an examination on the fundamentals of surveying and graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to be enrolled as a land surveyor intern; or
(b) Passage of an examination on the fundamentals of surveying and graduation with a bachelor’s degree in a related program from a school or college approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program and indicating that the applicant is competent to be enrolled as a land surveyor intern.
(c) In the event the applicant passes the examination prior to graduation from college under the provisions of paragraph (a) or (b) of this subsection, a certificate shall be issued only after the applicant graduates.
In counting years of experience for licensure as a professional engineer or professional land surveyor, the board may, at its discretion, give credit, not in excess of one (1) year, for satisfactory graduate study toward a master’s degree and not in excess of an additional one (1) year for satisfactory graduate study toward a doctorate degree. In the event an applicant obtains a doctorate degree without first obtaining a master’s degree, the board may, at its discretion, give credit, not in excess of two (2) years.
In considering the combined education and experience qualifications of applicants, the board shall consider engineering teaching, land surveying teaching, each year of satisfactory completion of undergraduate college education, advanced degrees in engineering and advanced degrees in land surveying in establishing the applicants’ minimum composite knowledge and skill.
The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, shall not be deemed to be the practice of engineering, but if such experience, in the opinion of the board, has involved responsible supervision of a character that will tend to expand the engineering knowledge and skill of the applicant, the board may in its discretion give such credit therefor as it may deem proper.
Any person having the necessary qualifications prescribed in this chapter that otherwise entitle him for initial licensure or certification shall be eligible although he may not be practicing his profession at the time of making his application.
The board may postpone acting on an application for certification or licensure if disciplinary or criminal action related to the applicant’s practice has been taken or is pending in any other jurisdiction. The board may postpone the notification of examination results to applicants on any examination if there is any unresolved examination irregularity involving the applicant. The board may investigate and adjudicate the validity of examination irregularities and if the examination irregularities are substantiated, the board may invalidate the examination result of the applicant.
[54-1212, added 1939, ch. 231, sec. 12, p. 516; am. 1957, ch. 234, sec. 7, p. 547; am. 1961, ch. 258, sec. 3, p. 422; am. 1978, ch. 170, sec. 8, p. 371; am. 1986, ch. 140, sec. 11, p. 375; am. 1990, ch. 192, sec. 3, p. 424; am. 1992, ch. 61, sec. 1, p. 192; am. 1996, ch. 357, sec. 9, p. 1185; am. 1997, ch. 189, sec. 1, p. 514; am. 2000, ch. 289, sec. 7, p. 995; am. 2002, ch. 125, sec. 1, p. 350; am. 2003, ch. 15, sec. 1, p. 43; am. 2003, ch. 15, sec. 2, p. 46; am. 2004, ch. 84, sec. 1, p. 313; am. 2004, ch. 84, sec. 2, p. 315; am. 2008, ch. 378, sec. 9, p. 1030; am. 2008, ch. 378, sec. 10, p. 1033; am. 2010, ch. 111, sec. 1, p. 223; am. 2012, ch. 24, sec. 1, p. 78; am. 2015, ch. 48, sec. 3, p. 103; am. 2018, ch. 67, sec. 1, p. 159; am. 2026, ch. 221, sec. 87, p. 969.]
Applications for licensure as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be on forms prescribed and furnished by the board. The application shall show the applicant’s education and a detailed summary of his engineering or land surveying experience. An applicant for licensure as a professional engineer or professional land surveyor shall furnish not less than five (5) references, of whom three (3) or more should be professional engineers or professional land surveyors, as applicable, having personal knowledge of the applicant’s engineering or land surveying experience. Applications for certificates of authorization shall be made in accordance with section 54-1235, Idaho Code.
The maximum application fee for professional engineers or professional land surveyors seeking to be licensed by examination shall not exceed one hundred dollars ($100). The application fee shall accompany the application. The examination fee, which shall be separate from the application fee, shall be paid by the applicant directly to the entity designated by the board.
The maximum application fee for an applicant who seeks a certificate as an engineer intern or land surveyor intern shall not exceed fifty dollars ($50.00). The application fee shall accompany the application. The examination fee, which shall be separate from the application fee, shall be paid by the applicant directly to the entity designated by the board.
The maximum application fee for business entities seeking a certificate of authorization shall be two hundred dollars ($200). The application fee shall accompany the application.
The amount of the license fee or certificate fee shall be fixed by the board prior to June 30 of any year and shall continue in force until changed.
Should the board deny the issuance of a certificate or license to any applicant, the application fee paid shall be retained as a processing fee.
[54-1213, added 1939, ch. 231, sec. 13, p. 516; am. 1957, ch. 234, sec. 8, p. 547; am. 1961, ch. 258, sec. 4, p. 422; am. 1963, ch. 23, sec. 1, p. 164; am. 1970, ch. 95, sec. 1, p. 238; am. 1978, ch. 170, sec. 9, p. 379; am. 1984, ch. 254, sec. 1, p. 605; am. 1986, ch. 140, sec. 12, p. 385; am. 1990, ch. 192, sec. 4, p. 428; am. 1996, ch. 357, sec. 10, p. 1194; am. 1998, ch. 220, sec. 7, p. 759; am. 2000, ch. 289, sec. 8, p. 997; am. 2001, ch. 247, sec. 4, p. 893; am. 2004, ch. 84, sec. 3, p. 317; am. 2008, ch. 378, sec. 11, p. 1035; am. 2009, ch. 20, sec. 1, p. 46; am. 2010, ch. 111, sec. 2, p. 225; am. 2012, ch. 24, sec. 2, p. 81.]
(1) Examinations will be held at such times and places as the board directs. The board shall determine the acceptable grade on examinations.
(2) Written professional examinations may be taken only after the applicant has met the other minimum requirements as given in section 54-1212, Idaho Code. The following examinations shall be offered:
(a) Fundamentals of Engineering — The examination consists of a test on the fundamentals of engineering acceptable to the board. Passing this examination qualifies the examinee for an engineer intern certificate, provided he has met all other requirements of certification required by this chapter.
(b) Principles and Practice of Engineering — The professional engineering examination consists of a test on applied engineering acceptable to the board. Passing this examination qualifies the examinee for licensure as a professional engineer, provided he has met the other requirements for licensure required by this chapter.
(c) Fundamentals of Surveying — The examination consists of a test on the fundamentals of surveying acceptable to the board. Passing this examination qualifies the examinee for a land surveyor intern certificate, provided he has met all other requirements for certification required by this chapter.
(d) Principles and Practice of Surveying — The professional surveying examination consists of a test on applied surveying acceptable to the board. Passing this examination qualifies the examinee for licensure as a professional land surveyor, provided he has met the other requirements for licensure required by this chapter.
(3) A candidate failing all or part of a professional examination may request reexamination, which may be granted upon payment of a separate examination fee paid by the applicant directly to the entity designated by the board.
(4) The board may prepare and adopt specifications for the examinations in engineering and land surveying.
(5) The board may issue a restricted license to engineering faculty with an earned doctorate degree. The license shall be restricted to those licensees remaining employed by a college or university in this state and teaching upper division engineering courses. The board may waive technical examinations for such licenses in lieu of other requirements prescribed by rule. As used in this section, "restricted license" means a license to teach college or university upper division courses with an earned doctorate but without passing a technical examination.
[54-1214, added 1939, ch. 231, sec. 14, p. 516; am. 1957, ch. 234, sec. 9, p. 547; am. 1961, ch. 258, sec. 5, p. 422; am. 1970, ch. 95, sec. 2, p. 238; am. 1978, ch. 170, sec. 10, p. 380; am. 1984, ch. 254, sec. 2, p. 606; am. 1986, ch. 140, sec. 13, p. 386; am. 1990, ch. 192, sec. 5, p. 429; am. 1996, ch. 357, sec. 11, p. 1195; am. 1998, ch. 220, sec. 8, p. 760; am. 2000, ch. 289, sec. 9, p. 998; am. 2008, ch. 378, sec. 12, p. 1036; am. 2009, ch. 20, sec. 2, p. 46; am. 2010, ch. 111, sec. 3, p. 225; am. 2015, ch. 48, sec. 4, p. 105; am. 2016, ch. 142, sec. 1, p. 409; am. 2018, ch. 67, sec. 2, p. 161.]
(1) The board shall issue a license upon payment of the fee as provided for in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter for licensure as a professional engineer or professional land surveyor, and a certificate shall be issued to those who qualify as an engineer intern or a land surveyor intern. In the case of a professional engineer, the license shall authorize the practice of "professional engineering," and in the case of a professional land surveyor, the license shall authorize the practice of "professional land surveying." Licenses shall show the full name of the licensee, shall give a license number, and shall be signed by the chairman and the secretary of the board under seal of the board.
(2) The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights, privileges and responsibilities of a licensed professional engineer or of a licensed professional land surveyor, provided that said license has not expired or has not been retired, suspended, or revoked.
(3) Except for engineering faculty holding a restricted license pursuant to section 54-1214(5), Idaho Code, each licensee hereunder shall, upon licensure, obtain a seal, the use and design of which are described in this section. It shall be unlawful for any person to affix or to permit his seal and signature to be affixed to any documents after the license of the licensee named thereon has expired or has been retired, suspended, or revoked, unless said license shall have been renewed, reinstated, or reissued, or for the purpose of aiding or abetting any other person to evade or attempt to evade any portion of this chapter.
(a) The seal may be a rubber stamp, crimp or electronically generated image. Whenever the seal is applied, the licensee’s signature and date shall be included adjacent to or across the seal.
(b) The seal, signature and date shall be placed on all final specifications, land surveys, reports, plats, drawings, plans, design information and calculations whenever presented to a client or any public or governmental agency. Any such document presented to a client or public or governmental agency that is not final and does not contain a seal, signature and date shall be clearly marked as "draft," "not for construction" or with similar words to distinguish the document from a final document. In the event the final work product is preliminary in nature or contains the word "preliminary," such as a "preliminary engineering report," the final work product shall be sealed, signed and dated as a final document if the document is intended to be relied upon to make policy decisions important to the life, health, property, or fiscal interest of the public.
(c) The seal and signature of the licensee and date shall be placed on all original documents in such a manner that such seal, signature and date are reproduced when the original document is copied. The application of the licensee’s seal and signature and the date shall constitute certification that the work thereon was done by him or under his responsible charge. Each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees responsible for each sheet. In the case of a business entity, each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees involved. Copies of electronically produced documents, listed in paragraph (b) of this subsection, distributed for informational uses such as for bidding purposes or working copies, may be issued with the licensee’s seal and a notice that the original document is on file with the licensee’s signature and the date. The words "Original Signed By:" and "Date Original Signed:" shall be placed adjacent to or across the seal on the electronic original. The storage location of the original document shall also be provided. Only the title page of reports, specifications and like documents need bear the seal and signature of the licensee and the date.
(d) The seal and signature shall be used by licensees only when the work being stamped was under the licensee’s responsible charge.
(e) The design of the seal shall be as determined by the board.
(4) The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this chapter a certificate as an engineer intern or land surveyor intern. The engineer intern or land surveyor intern certificate does not authorize the certificate holder to practice as a professional engineer or a professional land surveyor.
[54-1215, added 1939, ch. 231, sec. 15, p. 516; am. 1957, ch. 234, sec. 10, p. 547; am. 1961, ch. 258, sec. 6, p. 422; am. 1978, ch. 170, sec. 11, p. 371; am. 1986, ch. 140, sec. 14, p. 375; am. 1996, ch. 357, sec. 12, p. 1185; am. 1997, ch. 49, sec. 1, p. 83; am. 2000, ch. 289, sec. 10, p. 991; am. 2001, ch. 247, sec. 5, p. 889; am. 2002, ch. 6, sec. 2, p. 6; am. 2007, ch. 219, sec. 3, p. 657; am. 2008, ch. 378, sec. 13, p. 1037; am. 2020, ch. 127, sec. 2, p. 399; am. 2022, ch. 43, sec. 5, p. 118.]
(1) Each licensee or intern shall apply for renewal by the licensee’s birthday in even-numbered state of Idaho fiscal years for those born in even-numbered calendar years and in odd-numbered state of Idaho fiscal years for those born in odd-numbered calendar years, and shall become invalid on that date unless renewed.
(2) Certificates of authorization for business entities shall expire biennially on the last day of the month of the anniversary of the original issue date of the certificate of authorization. The first renewal of the certificate of authorization shall not be required until twelve (12) months after the last day of the certificate holder’s anniversary date following the initial certificate of authorization.
(3) Renewal shall be effective after the payment of a renewal fee to be fixed by the board at not more than one hundred fifty dollars ($150) per year and upon completion of any requirements for renewal required by this chapter or administrative rule.
(4) The failure on the part of any licensee or certificate holder to renew his or its license or certificate before expiration shall not deprive such person or business entity of the right of renewal, but the fee to be paid for the renewal of a license or certificate after the month in which it is due shall be increased fifty percent (50%) for each month or fraction of a month that payment of renewal is delayed; provided however, that the maximum fee for delayed renewal shall not exceed five hundred dollars ($500).
(5) Any work performed after a license or certificate of authorization has expired, but before delayed renewal has been effected, shall become valid upon delayed renewal as if the license or certificate of authorization had not expired, but the licensee or certificate holder may be subject to disciplinary action by the board for practice on an expired license or such other action as provided pursuant to this chapter.
(6) The renewal of intern certificates shall be processed as prescribed in subsections (1) and (4) of this section for licensees, except that the biennial renewal fee shall not be more than thirty dollars ($30.00). The failure on the part of any intern to effect renewal shall not invalidate his status as an engineer intern or land surveyor intern, but his name shall be removed from the board’s mailing list.
[54-1216, added 1939, ch. 231, sec. 16, p. 516; am. 1953, ch. 162, sec. 1, p. 257; am. 1961, ch. 258, sec. 7, p. 422; am. 1963, ch. 24, sec. 1, p. 166; am. 1970, ch. 95, sec. 3, p. 238; am. 1978, ch. 170, sec. 12, p. 381; am. 1979, ch. 111, sec. 1, p. 355; am. 1984, ch. 254, sec. 3, p. 607; am. 1986, ch. 140, sec. 15, p. 389; am. 1990, ch. 192, sec. 6, p. 430; am. 1996, ch. 357, sec. 13, p. 1197; am. 2000, ch. 289, sec. 11, p. 1001; am. 2001, ch. 247, sec. 6, p. 895; am. 2008, ch. 378, sec. 14, p. 1038; am. 2010, ch. 111, sec. 4, p. 226; am. 2015, ch. 114, sec. 4, p. 295; am. 2020, ch. 127, sec. 3, p. 400; am. 2024, ch. 86, sec. 10, p. 395.]
(1) It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state having power to levy taxes or assessments against property situated therein, to engage in the construction of any public works when the public health or safety is involved unless the plans and specifications and estimates have been prepared by, and the construction reviewed by, a professional engineer.
(2) The provisions of this section shall not apply to public construction, reconstruction, maintenance and repair work that is governed by chapter 12, title 42, Idaho Code; or public work that is insignificant, that is projects of less than ten thousand dollars ($10,000) in total cost, performed by employees of the public agency and performed in accordance with standards for such work that have been certified by a professional engineer and duly adopted by the public agency’s governing body including, but not limited to, the Idaho standards for public works construction and any supplements thereto, and only if a professional engineer determines that such public construction, reconstruction, maintenance and repair work does not represent a material risk to public health or safety.
[54-1218, added 1939, ch. 231, sec. 18, p. 516; am. 1978, ch. 170, sec. 14, p. 383; am. 2008, ch. 378, sec. 15, p. 1039; am. 2013, ch. 289, sec. 1, p. 762; am. 2014, ch. 97, sec. 32, p. 290; am. 2015, ch. 273, sec. 1, p. 1129.]
The board, upon application therefor and the payment of a fee of not to exceed a maximum of one hundred fifty dollars ($150), may issue a license as a professional engineer or professional land surveyor to any person who holds a license issued to the applicant by the proper authority of any state, territory or possession of the United States, the District of Columbia, or of a foreign country, provided that, in the opinion of the board, the applicant possesses the education, experience and examination credentials, or their equivalents, that were specified in the applicable licensing chapter in effect in this state at the time such license was issued, provided that a professional land surveyor applicant must successfully pass a land surveying examination as prepared and administered by the board, and provided such state, territory, possession or country will license, without examination and upon substantially the same condition, to applicants holding licenses issued by the board under this chapter. In the event the applicant has been licensed and has practiced as a professional engineer or professional land surveyor in another jurisdiction for a minimum of eight (8) years, has no outstanding disciplinary action, and is in good standing under a licensing system which, in the opinion of the board, maintains substantially equivalent professional standards as required under this chapter, the board may, in its discretion, waive the requirement for satisfaction of prescriptive credentials in education and examination. The board may postpone acting on an application for a license by comity if disciplinary or criminal action related to the applicant’s practice has been taken or is pending in any other jurisdiction.
[54-1219, added 1939, ch. 231, sec. 19, p. 516; am. 1957, ch. 234, sec. 11, p. 547; am. 1961, ch. 258, sec. 8, p. 422; am. 1970, ch. 95, sec. 4, p. 238; am. 1978, ch. 170, sec. 15, p. 384; am. 1984, ch. 254, sec. 4, p. 608; am. 1986, ch. 140, sec. 17, p. 390; am. 1990, ch. 192, sec. 8, p. 431; am. 1996, ch. 357, sec. 15, p. 1199; am. 2003, ch. 15, sec. 3, p. 48; am. 2008, ch. 378, sec. 16, p. 1040; am. 2012, ch. 24, sec. 3, p. 81.]
(1) After an administrative hearing, the board may, in its discretion, impose an administrative penalty, not to exceed five thousand dollars ($5,000). The board may also, in its discretion, require an individual to practice under the supervision of another licensee or require the individual to successfully complete continuing education courses as may be prescribed by the board.
(2) Notwithstanding the provisions of subsection (1) of this section, any person who has violated the recordkeeping or continuing professional development requirements imposed by the rules of the board may, in lieu of disciplinary proceedings under this chapter or chapter 52, title 67, Idaho Code, elect to pay the board a penalty in the amount of four hundred dollars ($400) for a first-time violation. Upon successful completion of the recordkeeping or continuing professional development requirements and payment of the penalty, the violation shall not be considered disciplinary action under the provisions of this section and shall not be reported to any national disciplinary database.
[54-1220, added 1939, ch. 231, sec. 20, p. 516; am. 1957, ch. 234, sec. 12, p. 547; am. 1963, ch. 25, sec. 1, p. 167; am. 1978, ch. 170, sec. 16, p. 384; am. 1986, ch. 140, sec. 18, p. 391; am. 1991, ch. 21, sec. 1, p. 44; am. 1993, ch. 216, sec. 63, p. 646; am. 1996, ch. 357, sec. 16, p. 1199; am. 2000, ch. 289, sec. 12, p. 1002; am. 2001, ch. 247, sec. 7, p. 896; am. 2004, ch. 84, sec. 4, p. 318; am. 2007, ch. 219, sec. 4, p. 659; am. 2008, ch. 378, sec. 17, p. 1040; am. 2010, ch. 111, sec. 5, p. 227; am. 2013, ch. 339, sec. 2, p. 888; am. 2015, ch. 114, sec. 5, p. 296; am. 2020, ch. 127, sec. 4, p. 401; am. 2026, ch. 221, sec. 5, p. 932.]
A new wall license or certificate to replace any that was previously revoked, lost, destroyed, or mutilated may be issued upon payment of ten dollars ($10.00).
[54-1221, added 2020, ch. 127, sec. 6, p. 402.]
Any person who shall practice, or offer to practice, professional engineering or professional land surveying in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a license or certificate, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked license or practice at any time during a period the board has suspended or revoked his license, or any person who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor.
[54-1222, added 1939, ch. 231, sec. 22, p. 516; am. 1957, ch. 234, sec. 14, p. 547; am. 1974, ch. 13, sec. 111, p. 138; am. 1978, ch. 170, sec. 17, p. 385; am. 1986, ch. 140, sec. 20, p. 392; am. 2000, ch. 289, sec. 13, p. 1003; am. 2008, ch. 378, sec. 19, p. 1041; am. 2026, ch. 221, sec. 88, p. 971.]
(1) This chapter shall not be construed to affect:
(a) The practice of any other profession or trade for which a license is required under any law of this state or the United States.
(b) The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final engineering design or land surveying decisions and is done under the direct responsibility, checking, and supervision of, and verified by, a person holding a license under this chapter.
(c) Any individual teaching upper division engineering subjects that are classified as engineering design for any college or university in this state as of July 1, 1988, and any such individual employed after July 1, 1988, for a period of five (5) years from the date of employment with any college or university in this state.
(d) An individual doing surveying work for himself, or through a business entity, on property owned or leased by the individual or business entity, or in which the individual or business entity has an interest, estate or possessory right and which affects exclusively the property or interests of the individual or business entity; provided, that all land surveying maps, plats or plans filed with any county recorder’s office in the state of Idaho for the purpose of illustrating or defining boundaries of property ownership, shall be made by a licensed professional land surveyor as provided in this chapter.
(e) An individual doing survey work for himself, or through a business entity with respect to the location, amendment, or relocation of a mining claim.
(f) The practice of engineering by employees of a business entity as long as the services provided by them are for internal business entity use only.
(2) The board, at its discretion, may exempt an exceptional individual who has twelve (12) or more years of appropriate experience in engineering from the requirement for satisfactory completion of an examination in the fundamentals of engineering.
(3) An applicant for licensure as a professional engineer either by examination or by comity who has earned a bachelor degree in engineering from an approved engineering program and has, in addition, earned a doctorate degree in engineering from a college or university which offers an approved undergraduate program in the same discipline as the doctorate degree earned, shall be exempt from the requirement for satisfactory completion of an examination in the fundamentals of engineering. Honorary doctorate degrees are not considered earned degrees for purposes of this subsection.
(4) A professional engineer licensed in Idaho may review the work of a professional engineer who is licensed in another jurisdiction of the United States or a foreign country on a project that is a site adaptation of a standard design plan to determine that the standard design plan meets the standard of care and is applicable to the intended circumstance, with or without modification. The Idaho professional engineer shall demonstrate responsible charge, as defined in this chapter, by performing professional services related to his assignment including developing or obtaining a complete design record with design criteria and calculations, performing necessary code research and developing any necessary and appropriate changes to the standard design plan necessary to properly apply the standard design to the intended circumstance. The nonprofessional services, such as drafting, need not be redone by the Idaho professional engineer, but must clearly and accurately reflect the Idaho professional engineer’s work. The burden is on the Idaho professional engineer to show such compliance. The Idaho professional engineer shall have control of and responsibility for the entire work product, shall seal, sign and date it as required in this chapter, and shall be in possession of all original documents or certified copies of documents related to the professional engineer’s work for the project.
(5) In the event a licensee in responsible charge of a project leaves employment, is transferred, is promoted, becomes incapacitated, dies or is otherwise not available to seal, sign and date final documents, the duty of responsible charge of the project shall be accomplished by the successor licensee by becoming familiar with and reviewing, in detail, and retaining the project documents to date. Subsequent work on the project must clearly and accurately reflect the successor licensee’s responsible charge. The successor licensee shall seal, sign and date all work product in conformance with section 54-1215, Idaho Code.
[54-1223, added 1939, ch. 231, sec. 23, p. 516; am. 1957, ch. 234, sec. 15, p. 547; am. 1970, ch. 95, sec. 5, p. 238; am. 1978, ch. 170, sec. 18, p. 386; am. 1984, ch. 254, sec. 5, p. 608; am. 1986, ch. 140, sec. 21, p. 393; am. 1990, ch. 192, sec. 9, p. 432; am. 1994, ch. 356, sec. 1, p. 1116; am. 1996, ch. 357, sec. 17, p. 1200; am. 1999, ch. 273, sec. 2, p. 686; am. 2000, ch. 289, sec. 14, p. 1003; am. 2001, ch. 247, sec. 9, p. 897; am. 2002, ch. 6, sec. 3, p. 9; am. 2006, ch. 137, sec. 1, p. 392; am. 2007, ch. 219, sec. 5, p. 659; am. 2008, ch. 378, sec. 20, p. 1042; am. 2010, ch. 111, sec. 6, p. 228; am. 2026, ch. 221, sec. 6, p. 932.]
Any person or organization who shall feel aggrieved by any action of the board in denying, suspending or revoking a license or certificate or certificate of authorization, as is appropriate, may appeal therefrom in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.
[54-1225, added 1939, ch. 231, sec. 25, p. 516; am. 1957, ch. 234, sec. 16, p. 547; am. 1978, ch. 170, sec. 19, p. 387; am. 2008, ch. 378, sec. 21, p. 1043.]
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
[54-1226, added 1939, ch. 231, sec. 26, p. 516; am. 2000, ch. 289, sec. 16, p. 1004.]
(1) Every licensed professional land surveyor is hereby authorized to make land surveys and it shall be the duty of each licensed professional land surveyor, whenever making any professional boundary land survey as defined in section 54-1202, Idaho Code, that is not preliminary in nature, to set permanent and reliable magnetically detectable monuments at all unmonumented corners field-located, the minimum size of which shall be one-half (1/2) inch in least dimension and two (2) feet long iron or steel rod, or a metallic post or pipe one (1) inch in least dimension and two (2) feet long with minimum wall thickness of nominal one-eighth (1/8) inch, or other more substantial monuments designed specifically for use as a survey monument. Such monuments must be substantially in the ground, stable, and permanently marked with the license number of the professional land surveyor responsible for placing the monument.
(2) Where special circumstances preclude use of such monuments, the professional land surveyor must place an alternate, stable, permanent monument that is magnetically detectable and marked with the license number of the professional land surveyor placing the monument.
(3) Where the corner position cannot be monumented due to special circumstances, the professional land surveyor must establish reference monuments or a witness corner and mark them as such.
(4) Any found nonmagnetically detectable monument must be remonumented with a magnetically detectable monument compliant with subsections (1) through (3) of this section.
(5) Professional engineers qualified and duly licensed pursuant to this chapter may also perform those other surveys necessary and incidental to their work.
[54-1227, added 1903, sec. 7, p. 81; reen. R.C. & C.L., sec. 1408; C.S., sec. 2240; am. 1921, ch. 158, sec. 1, p. 351; I.C.A., sec. 53-2306; am. 1957, ch. 234, sec. 17, p. 547; am. 1978, ch. 170, sec. 20, p. 388; am. 1986, ch. 140, sec. 22, p. 395; am. 1992, ch. 61, sec. 2, p. 194; am. 1996, ch. 357, sec. 19, p. 1202; am. 2008, ch. 378, sec. 22, p. 1043; am. 2011, ch. 136, sec. 11, p. 391; am. 2015, ch. 116, sec. 2, p. 302; am. 2020, ch. 127, sec. 7, p. 402.]
Every professional land surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or establish old or obliterated corners, or to perpetuate a corner that is in a perishable condition, or whenever the importance of the land survey makes it desirable. A record of such oaths shall be kept as part of the field notes of the land survey.
[(54-1228) 1903, p. 81, sec. 6; am. R.C., sec. 1409; reen. C.L., sec. 1409; C.S., sec. 2241; am. 1921, ch. 158, sec. 2, p. 351; I.C.A., sec. 53-2307; am. 1957, ch. 234, sec. 18, p. 547; am. 1978, ch. 170, sec. 21, p. 388; am. 1986, ch. 140, sec. 23, p. 395; am. 2008, ch. 378, sec. 23, p. 1044; am. 2013, ch. 339, sec. 4, p. 889.]
No survey of land, or plat or subdivision shall be legal unless made by or under the responsible charge of a professional land surveyor.
All land surveys made under the authority of the state, or of any political subdivision of the state, must be performed by a professional land surveyor.
[(54-1229) 1903, p. 81, secs. 9, 12; reen. R.C. & C.L., sec. 1410; C.S., sec. 2242; am. 1921, ch. 158, sec. 3, p. 351; I.C.A., sec. 53-2308; am. 1957, ch. 234, sec. 19, p. 547; am. 1978, ch. 170, sec. 22, p. 388; am. 1986, ch. 140, sec. 24, p. 395; am. 1996, ch. 357, sec. 20, p. 1202; am. 1998, ch. 220, sec. 9, p. 761; am. 2000, ch. 289, sec. 17, p. 1004.]
(1) Any person duly licensed by the state of Idaho as a professional land surveyor, including all subordinates subject to the supervision of a licensed surveyor while undertaking land survey activities, and any surveyor or his subordinate employed in the execution of any survey authorized by the congress of the United States may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and doing any work that may be necessary to carry out the objects of existing laws relative to surveys, may establish permanent station marks, and may erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.
(2) Nothing in this section shall affect the right of entry established in sections 40-1310 and 40-2301, Idaho Code.
(3) A surveyor or his subordinate shall not enter railroad property pursuant to this section without written permission from the railroad’s chief engineering officer or his designee.
(4) The surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work, or establishing a permanent survey monument without first providing prior notice to the landowner or occupant by first class mail or by personal notice. If the land is occupied by a person other than the landowner, prior notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed as soon as practicable following the contract or agreement to perform the work and at least seven (7) days prior to the entry onto the land unless the notice period is waived in writing by the landowner, occupant, or an agent thereof. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or, if hand delivery cannot be accomplished, it may be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey, and the presence of any temporary or permanent monuments or other markers to be established by the surveyor and left on the land. The surveyor or his agent or employee shall cooperate with the landowner, occupant, or agent thereof to avoid disruption of a business or agricultural operation.
[(54-1230) 1919, ch. 31, sec. 1, p. 112; C.S., sec. 2243; I.C.A., sec. 53-2309; am. 1986, ch. 140, sec. 25, p. 395; am. 2019, ch. 149, sec. 1, p. 498.]
If any person shall willfully deface, injure or remove any signal, monument or other object set as a permanent boundary survey marker, benchmark or point set in control surveys by agencies of the United States government or the state of Idaho or set by a professional land surveyor or an agent of the United States government or the state of Idaho, he shall forfeit a sum not exceeding one thousand five hundred dollars ($1,500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.
[(54-1234) 1919, ch. 31, sec. 5, p. 112; C.S., sec. 2247; I.C.A., sec. 53-2313; am. 1986, ch. 140, sec. 26, p. 396; am. 2008, ch. 378, sec. 24, p. 1044; am. 2011, ch. 136, sec. 12, p. 391; am. 2015, ch. 48, sec. 5, p. 106.]
(1) The practice of or offer to practice professional engineering or professional land surveying, as defined in this chapter, by professional engineers or professional land surveyors, through a business entity, or by a business entity through professional engineers or professional land surveyors, as employees, or officers, is permitted subject to the provisions of this chapter, provided that all personnel of such business entity, who act in its behalf as professional engineers or professional land surveyors in this state are licensed as provided by this chapter, or are persons lawfully practicing under the exemptions enumerated in this chapter, and further provided that said business entity, except utilities regulated by the Idaho public utilities commission, has been issued a certificate of authorization by the board as provided by this chapter. No business entity shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with the provisions of this chapter, nor shall any individual practicing professional engineering or professional land surveying as defined in this chapter, be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with such business entity. All final drawings, specifications, plats, reports, or other engineering or land surveying papers or documents involving the practice of professional engineering or professional land surveying as defined in this chapter, which shall have been prepared or approved for the use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the professional engineer or professional land surveyor who prepared or approved them.
(2) A business entity organized pursuant to this section may provide or offer to provide allied professional services as defined in section 30-21-901, Idaho Code, in connection with the providing of engineering or land surveying services, by persons licensed in allied professions acting as employees or officers, provided such persons are duly licensed or otherwise legally authorized to render such allied professional services within this state.
(3) A business entity desiring a certificate of authorization for engineering, for land surveying, or for both, shall file with the board a description of the engineering or land surveying service to be offered or practiced in the state, an application upon a form to be prescribed by the board and the designation required by the following paragraph, accompanied by the application fee.
(4) Such business entity shall file with the board a designation of an individual or individuals duly licensed to practice professional engineering or professional land surveying in this state who shall be in responsible charge of the practice of professional engineering or land surveying, as applicable, by said business entity in this state. In the event there shall be a change in the individual or individuals in responsible charge, such changes shall be designated in writing and filed with the board within thirty (30) days after the effective date of such change.
If all requirements of this chapter are met, the board shall issue to such business entity a certificate of authorization for professional engineering, for land surveying, or for both; provided, however, the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate.
A professional engineer or professional land surveyor who renders occasional, part-time or consulting engineering or land surveying services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.
(5) The secretary of state shall not accept for filing from any person any assumed business name which includes within its name any of the words "engineer," "engineering," "land surveyor," "land surveying," or any modification or derivation thereof, unless the board shall have issued a letter indicating that the person has a licensed professional in responsible charge of the professional activities of the sole proprietorship or business entity. The board may notify the secretary of state, in writing, that it waives any objection to the name if the person is clearly not governed by chapter 12, title 54, Idaho Code. The secretary of state shall not accept for filing the organizational documents of an Idaho business entity, or authorize the transaction of business by any foreign business entity which includes, among objects for which it is established or within its name, any of the words "engineer," "engineering," "land surveyor," "land surveying," or any modification or derivation thereof, unless the board shall have issued for said applicant a certificate of authorization or a letter indicating the eligibility of said applicant to receive such certificate. The board may notify the secretary of state, in writing, that it waives any objection to the name or purpose of any business entity if it is clearly not governed by chapter 12, title 54, Idaho Code. The business entity applying shall include such certificate or letter from the board with any filings submitted to the secretary of state.
[54-1235, added 1963, ch. 20, sec. 1, p. 161; am. 1978, ch. 170, sec. 23, p. 389; am. 1979, ch. 176, sec. 1, p. 527; am. 1986, ch. 140, sec. 27, p. 396; am. 1990, ch. 192, sec. 10, p. 433; am. 1996, ch. 357, sec. 21, p. 1203; am. 2001, ch. 247, sec. 10, p. 898; am. 2008, ch. 378, sec. 25, p. 1044; am. 2015, ch. 251, sec. 6, p. 1048.]
(1) Only the board of licensure of professional engineers and professional land surveyors of the state of Idaho is authorized and empowered to issue licenses to persons to practice the profession of engineering or land surveying.
(2) No local jurisdiction shall have the authority to require additional licensure or to require payment of any fees in order for any professional engineer or professional land surveyor to engage in the practice of the profession for which the board has issued a license.
[54-1236, added 2004, ch. 84, sec. 5, p. 319; am. 2008, ch. 378, sec. 26, p. 1046.]
This act shall be known and may be cited as the "Medical Ethics Defense Act."
[54-1301, added 2025, ch. 101, sec. 1, p. 543.]
(1) The legislature finds that the right of conscience is a fundamental and inalienable right. It was central to the founding of the United States, has been deeply rooted in the nation’s history and tradition for centuries, and has been central to the practice of medicine, through the Hippocratic oath, for millennia.
(2) Despite its preeminent importance, however, threats to the right of conscience of health care professionals, health care institutions, and health care payers have become increasingly common and severe in recent years. The swift pace of scientific advancement and the expansion of medical capabilities, along with the creation of new rights for patients to access certain procedures and the mistaken notion that health care professionals, health care institutions, and health care payers are mere public utilities, promise to make the current crisis worse, unless something is done to secure the right of conscience.
(3) With this purpose in mind, the legislature declares that it is the public policy of the state of Idaho to protect the right of conscience for health care professionals, health care institutions, and health care payers.
(4) As the right of conscience is fundamental, no health care professional, health care institution, or health care payer should be required to participate in or pay for any medical procedure, treatment, or service, or prescribe or pay for any medication, to which he objects on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles.
(5) It is the purpose of this chapter to protect health care professionals, health care institutions, and health care payers from discrimination, punishment, and retaliation as a result of any instance of conscientious medical objection.
[54-1302, added 2025, ch. 101, sec. 1, p. 543.]
For the purpose of this chapter:
(1) "Conscience" means the ethical, moral, or religious beliefs or principles sincerely held by any health care provider. Conscience with respect to institutional entities or corporate bodies, as opposed to individual persons, is determined by reference to that entity’s or body’s governing documents, including but not limited to any published ethical, moral, or religious guidelines or directives, mission statements, constitutions, articles of incorporation, bylaws, policies, or regulations.
(2) "Discrimination" or "discriminated against" means any adverse action taken against, or any threat of adverse action communicated to, any health care provider as a result of exercising rights pursuant to sections 54-1304 and 54-1305, Idaho Code. Discrimination includes but is not limited to any penalty or disciplinary or retaliatory action, whether executed or threatened. Discrimination does not include the negotiation or purchase of, or the refusal to use or purchase, insurance or medical procedures, treatments, or services by an individual or nongovernmental entity, nor does it include good faith efforts to reasonably accommodate conscientious objections of a health care provider.
(3) "Essential functions" means the fundamental job duties of an employment position. A function can be essential if, among other things, the position exists specifically to perform that function, there are a limited number of other employees who could perform the function, or the function is specialized and the individual is hired based on his ability to perform the function. The term does not include the marginal functions of a position.
(4) "Health care institution" means any organization, corporation, partnership, association, agency, network, sole proprietorship, joint venture, or other entity that provides medical procedures, treatments, or services.
(5) "Health care payer" means any employer, health plan, health maintenance organization, insurance company, or management services organization or any other entity that pays for any medical procedure, treatment, or service provided to any patient or client, including to contract for, arrange for payment of, reimburse, or remunerate, whether payment is made in whole or in part.
(6) "Health care professional" means any person who is authorized to participate in any way in any medical procedure, treatment, or service. This includes but is not limited to:
(a) Doctors;
(b) Nurses;
(c) Clinical nurse specialists;
(d) Nurse aides;
(e) Physician assistants;
(f) Medical assistants;
(g) Allied health professionals;
(h) Employees of a hospital, clinic, nursing home, or pharmacy;
(i) Pharmacists and pharmacy technicians;
(j) Faculty and students of a medical school, nursing school, or school of psychology or counseling;
(k) Medical researchers and laboratory technicians;
(l) Psychologists, psychiatrists, and counselors; and
(m) Social workers.
(7) "Health care provider" means a health care professional, health care institution, or health care payer.
(8) "Medical procedure, treatment, or service" means medical research or health care provided to any patient or client at any time over the course of treatment. This includes but is not limited to testing, diagnosis, record-making, referral, prescribing, dispensing, or administering any drug, medication, or device, therapy or counseling, and preparation or arrangement for a surgical procedure.
(9) "Participate" means to provide, perform, assist with, facilitate, refer for, counsel for, advise to pursue, admit for the purposes of providing, or take part in any way in providing any medical procedure, treatment, or service.
[54-1303, added 2025, ch. 101, sec. 1, p. 544.]
(1) Health care providers shall have the right of conscience and, pursuant to this right, shall not be required to participate in or pay for a medical procedure, treatment, or service that violates such health care provider’s conscience.
(2) The exercise of the right of conscience is limited to conscience-based objections to a particular medical procedure, treatment, or service. This section may not be construed to waive or modify any duty a health care provider may have to provide or pay for medical procedures, treatments, or services that do not violate the provider’s conscience.
(3) A health care professional shall communicate to the health care professional’s employer a conscience-based objection when it occurs or as soon as reasonably possible to allow an employer to make necessary staffing adjustments without delaying the provision of health care services. Nothing in this chapter shall prevent an employer from requiring an employee to disclose the employee’s conscience-based objections at the time of hiring, but such disclosure shall not limit the rights protected by this chapter.
(4) Conscience-based objections shall be provided in writing by an employee if requested by the employer.
(5) A health care payer shall not decline payment for a medical procedure, treatment, or service that it is contractually obligated to pay for under the terms of its contract with an insured party.
(6) No health care provider shall be discriminated against in any manner as a result of exercising the right of conscience pursuant to subsection (1) of this section.
(7) No health care provider shall be civilly, criminally, or administratively liable for exercising the right of conscience described in subsection (1) of this section, and no health care institution shall be civilly, criminally, or administratively liable for the exercise of the right of conscience described in subsection (1) of this section by a health care professional employed, contracted, or granted admitting privileges by the health care institution.
(8) Nothing in this chapter shall be construed to impede the right of a religious health care provider to make employment, staffing, contracting, administrative, and admitting privilege decisions consistent with such health care provider’s religious beliefs if such health care provider holds itself out to the public as religious and has internal operating policies or procedures that implement its religious purpose or mission.
(9) To the extent that this chapter provides broader rights of conscience than that provided by section 18-611, Idaho Code, this chapter controls over section 18-611, Idaho Code. To the extent that this chapter is not enforceable with respect to any rights of conscience protected by section 18-611, Idaho Code, then section 18-611, Idaho Code, shall control.
(10) Nothing in this chapter shall affect the rights of conscience provided for in section 18-612, Idaho Code, to the extent that those rights are broader in scope than those provided for in this chapter.
(11) Nothing in this chapter shall be construed to override the requirement to provide emergency medical treatment to all patients as set forth in 42 U.S.C. 1395dd.
(12) The protections in this chapter shall not apply if an employee is unable to perform any essential function, the employer cannot transfer the employee to a suitable alternative position for which the employee is qualified, and the employer is otherwise unable to reasonably accommodate the employee without imposing an undue hardship on the employer.
(13) Nothing in this chapter shall be construed as providing a health care provider with civil immunity for the failure to comply with the applicable community standard of care as described in section 6-1012, Idaho Code.
[54-1304, added 2025, ch. 101, sec. 1, p. 545.]
(1) No health care provider shall be discriminated against in any manner because the health care provider:
(a) Provided, caused to be provided, or is about to provide or cause to be provided information relating to any act or omission the health care provider reasonably believes to be a violation of any provision of this chapter to a health care professional’s employer, the attorney general of Idaho, any state agency charged with protecting health care rights of conscience, the United States department of health and human services office of civil rights, or any other federal agency charged with protecting health care rights of conscience; or
(b) Testified, assisted, or participated, or is about to testify, assist, or participate in a proceeding concerning such violation.
(2) Unless the disclosure is specifically prohibited by law, no health care provider shall be discriminated against in any manner because the health care provider disclosed any information that the health care provider reasonably believes evinces:
(a) Any violation of any law, rule, or regulation;
(b) Any violation of any ethical guidelines for the provision of any medical procedure or service; or
(c) Gross mismanagement, a gross waste of funds, an abuse of authority, practices, or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety.
(3) Subsection (2) of this section shall not apply when the disclosure concerns the lawful exercise of discretionary decision-making authority unless the health care provider reasonably believes that the disclosure evinces a violation or misconduct listed in subsection (2) of this section.
[54-1305, added 2025, ch. 101, sec. 1, p. 546.]
(1) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state may not reprimand or sanction a health care provider or deny or revoke or threaten to deny or revoke a license, certification, or registration of a health care provider for engaging in speech, expression, or association that is protected from government interference by the first amendment to the United States constitution, unless the department or board demonstrates by clear and convincing evidence that the health care provider’s speech, expression, or association was the direct cause of physical harm to a person with whom the health care provider had a practitioner-patient relationship within the three (3) years immediately preceding the incident of physical harm.
(2) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state shall not contract with, nor shall it recognize, approve, or require an individual to obtain certifications or credentials issued or approved by, a specialty board or other recognizing agency that revokes the certification of, or refuses to issue certification to, an individual because the individual has engaged in speech, expression, or association that is protected from government interference by the first amendment to the United States constitution, provided such individual was not providing medical advice or treatment to a specific patient.
(3) The department of health and welfare, the state board of medicine, or any other department or board regulating the practice of a medical procedure, treatment, or service in the state shall provide a health care provider with any complaints it has received that are based on speech, expression, or association that is protected from government interference by the first amendment to the United States constitution and may result in the revocation of the health care provider’s license, certification, or registration, within twenty-one (21) days after receipt of the complaint. The department or board shall pay the health care provider an administrative penalty of five hundred dollars ($500) for each day the complaint is not provided to the health care provider after the specified twenty-one (21) days.
[54-1306, added 2025, ch. 101, sec. 1, p. 546.]
(1) A cause of action for damages or injunctive relief, or both, may be brought by any health care provider for any violation of any provision of this chapter. Any additional burden or expense on another health care professional, health care institution, or health care payer arising from the exercise of the right of conscience shall not be a defense to any violation of this chapter. However, no cause of action may be brought against an individual who declines to use or purchase a medical procedure or services from a specific health care professional, health care institution, or health care payer for exercising the rights granted in sections 54-1304(1), 54-1305, and 54-1306, Idaho Code.
(2) Any party aggrieved by any violation of this chapter may commence a civil action and shall be entitled, upon the finding of a violation, to:
(a) Injunctive relief, when appropriate, including but not limited to reinstatement of a health care professional’s previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer;
(b) Actual damages for injuries suffered; and
(c) Reasonable costs and attorney’s fees.
(3) Such damages shall be cumulative and in no way limited by any other remedies that may be available under any other federal, state, or municipal law.
[54-1307, added 2025, ch. 101, sec. 1, p. 547.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[54-1308, added 2025, ch. 101, sec. 1, p. 547.]
In order to safeguard the public health, safety and welfare, it is in the public interest to regulate and control nursing in the state of Idaho, to promote quality health care services, to prohibit unqualified and dishonest persons from practicing nursing, and to protect against acts or conduct that may endanger the health and safety of the public.
(1) License required. It shall be unlawful for any person to practice nursing or offer to practice nursing unless that person is duly licensed pursuant to this chapter.
(2) Representation to the public. Only a person who holds a valid and current license to practice registered nursing in this state or a party state pursuant to sections 54-1408 and 54-1418, Idaho Code, may use the title "nurse," "registered nurse," "graduate nurse" or "professional nurse" or the abbreviation "RN" or any other designations, titles or abbreviations to indicate that the person is practicing nursing in this state. Only a person who holds a valid and current license to practice practical nursing in this state or a party state pursuant to sections 54-1407 and 54-1418, Idaho Code, may use the title "nurse," "licensed practical nurse," or the abbreviation "LPN" or any other designations, titles or abbreviations to indicate that the person is practicing nursing in this state.
(3) All applicants for original licensure and for license reinstatement shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
[54-1401, added 1977, ch. 132, sec. 2, p. 280; am. 2003, ch. 188, sec. 1, p. 510; am. 2004, ch. 268, sec. 1, p. 751; am. 2008, ch. 67, sec. 1, p. 172; am. 2012, ch. 142, sec. 1, p. 371; am. 2014, ch. 44, sec. 1, p. 116; am. 2024, ch. 101, sec. 1, p. 447.]
As used in this chapter:
(1) "Advanced practice registered nurse" means a registered nurse licensed in this state who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the board. An advanced practice registered nurse is authorized to perform advanced nursing practice, which may include the prescribing, administering and dispensing of therapeutic pharmacologic agents, as defined by board rules. An advanced practice registered nurse shall perform only those acts as provided by the board and for which the individual is educationally prepared. Advanced practice registered nurses shall include the following four (4) roles: certified nurse-midwife; clinical nurse specialist; certified nurse practitioner; and certified registered nurse anesthetist as defined in board rule. An advanced practice registered nurse collaborates with other health professionals in providing health care.
(2) "Board" means the board of nursing.
(3) "Licensed practical nurse" means a person licensed by the board who practices nursing by:
(a) Functioning at the direction of a licensed registered nurse, licensed advanced practice registered nurse, licensed physician, or licensed dentist in a role falling within the nurse’s scope of practice as defined by the board;
(b) Performing appropriate delegated focused assessments of the health status of individuals and groups of individuals;
(c) Participating in the development and modification of the strategy of care;
(d) Implementing the appropriate aspects of the strategy of care as defined by the board, including administering medications and treatments as prescribed by those health care providers authorized to prescribe medication;
(e) Maintaining safe and effective nursing care rendered directly or indirectly;
(f) Participating in the evaluation of responses to interventions; and
(g) Delegating nursing interventions that may be performed by others and that do not conflict with this chapter.
(4) "Licensed registered nurse" means a person licensed by the board who practices nursing by:
(a) Assessing the health status of individuals and groups of individuals;
(b) Identifying health care problems that are amenable to nursing intervention;
(c) Establishing goals to meet identified health care needs;
(d) Planning a strategy of care;
(e) Prescribing nursing interventions to implement the strategy of care;
(f) Implementing the strategy of care, including administering medications and treatments as prescribed by those health care providers authorized to prescribe medication;
(g) Authorizing nursing interventions that may be performed by others and that do not conflict with this chapter;
(h) Maintaining safe and effective nursing care rendered directly or indirectly;
(i) Evaluating responses to interventions;
(j) Teaching the theory and practice of nursing;
(k) Managing the practice of nursing; and
(l) Collaborating with other health professionals in the management of health care.
(5) "Nursing education program" means a course of instruction offered and conducted to prepare persons for the practice of nursing, or to increase the knowledge and skills of the practicing nurse.
(6) "Practice of nursing" means the performance by licensed practical nurses, registered nurses and advanced practice registered nurses of acts and services that require formal nursing education and specialized knowledge, judgment and skill, which acts and services assist individuals, groups, communities and populations in order to promote, maintain or restore optimal health and well-being throughout the life process. Nursing practice encompasses a broad continuum of services delivered in health care and non-health care environments for remuneration or as volunteer service. Nursing practice may be clinical as well as nonclinical in a variety of areas including, but not limited to, education, administration, research and public service. Nursing practice occurs at the physical location of the recipient.
[54-1402, added 1977, ch. 132, sec. 2, p. 280; am. 1984, ch. 57, sec. 1, p. 101; am. 1991, ch. 149, sec. 1, p. 358; am. 1994, ch. 232, sec. 1, p. 723; am. 1998, ch. 118, sec. 1, p. 435; am. 2004, ch. 262, sec. 1, p. 739.; am. 2012, ch. 142, sec. 2, p. 372; am. 2016, ch. 215, sec. 1, p. 603; am. 2025, ch. 14, sec. 1, p. 45.]
(1)(a) Appointment, Removal and Term of Office. There is hereby created within the division of occupational and professional licenses the board of nursing for the state of Idaho composed of twelve (12) members appointed by the governor. Membership of the board shall consist of the following:
(i) Five (5) persons licensed to practice registered nursing in Idaho;
(ii) Two (2) persons licensed to practice practical nursing in Idaho;
(iii) Two (2) persons licensed as advanced practice registered nurses in Idaho;
(iv) Two (2) persons licensed to practice midwifery pursuant to chapter 55, title 54, Idaho Code; and
(v) One (1) person who is a lay person to health care occupations.
(b) In making appointments to the board, consideration shall be given to the board’s responsibility in areas of education and practice. Members of the board shall hold office until expiration of the term to which the member was appointed and until his successor has been duly appointed and qualified. Upon expiration of any term or creation of any vacancy, the board shall notify the governor, who then shall make such appointment or fill such vacancy within sixty (60) days. Appointments shall be for terms of four (4) years except appointments to fill vacancies, which shall be for the unexpired term. No member shall be appointed for more than three (3) consecutive terms. All board members shall serve at the pleasure of the governor.
(2) Qualifications of Members. No person is qualified for appointment pursuant to this section unless that person is a citizen of the United States and a resident of the state of Idaho. Members required to be licensed pursuant to this section shall not be qualified for appointment to the board unless actively engaged in some field of nursing or midwifery in Idaho at the time of appointment. No person is qualified for appointment as a lay member of the board if the person or his spouse is licensed in any health occupation; is an employee, officer or agent of, or has any financial interest in, any health care facility, institution, or association or any insurance company authorized to underwrite health care insurance; or is engaged in the governance and administration of any health care facility, institution or association.
(3) Conduct of Business. The board shall meet at such times as required to conduct the business of the board and shall annually elect from its members a chairman, vice chairman and such other officers as may be desirable. A majority of appointed members shall constitute a quorum, and the vote of a majority of members present at a meeting wherein a quorum is present shall determine the action of the board. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code.
[54-1403, added 1977, ch. 132, sec. 2, p. 281; am. 1980, ch. 247, sec. 60, p. 624; am. 1998, ch. 118, sec. 2, p. 439; am. 1999, ch. 310, sec. 1, p. 771; am. 2010, ch. 57, sec. 1, p. 107; am. 2012, ch. 142, sec. 3, p. 374; am. 2016, ch. 340, sec. 17, p. 940; am. 2017, ch. 49, sec. 1, p. 79; am. 2018, ch. 156, sec. 1, p. 313; am. 2021, ch. 222, sec. 12, p. 628; am. 2024, ch. 59, sec. 1, p. 278.]
The board shall have all powers and duties necessary and incident to regulation of nursing and to enforcement of this chapter including, but not limited to, the power and duty:
(1) To regulate individuals designated as certified medication assistants;
(2) To license qualified persons for practice of nursing in Idaho; to renew licenses; to limit, restrict, amend, deny, suspend or revoke licenses; and to accept the voluntary surrender of a license;
(3) To establish alternatives to formal disciplinary action, including a practice remediation program to educate and remediate nurses as a result of nursing practice deficiencies;
(4) To establish standards, criteria, conditions and requirements for licensure and to investigate and determine eligibility and qualifications for licensure and to administer examinations for licensure;
(5) To establish standards of conduct and practice and to regulate the use of titles, abbreviations and designations for the practice of nursing;
(6) To establish standards, criteria, and requirements for curricula for nursing education programs and to evaluate, survey, review and approve nursing education programs subject to the provisions of section 54-1406, Idaho Code;
(7) To evaluate continuing competency of persons licensed pursuant to this chapter and to develop standards which will advance the competency of licensees in accordance with developing scientific understanding and methods relating to the practice of nursing;
(8) To receive and collect license and renewal fees assessed pursuant to this chapter and to assess, receive and collect additional reasonable fees for the administration of examinations, investigations and evaluations of applicants, issuance of temporary licenses, duplication and verification of records, surveying and evaluating nursing education programs, and administrative fines not to exceed one hundred dollars ($100) for each count or separate offense of practicing nursing without current licensure, to be deposited in the state board of nursing account in the manner provided by this chapter;
(9) To maintain a record of board proceedings, annually report to the governor and maintain a public register of names and addresses of licensed nurses;
(10) To enter into interstate compacts, contracts or agreements to facilitate the practice and regulation of nursing in this state;
(11) To evaluate and develop, or to enter into contracts or agreements with others to evaluate and develop, the education, distribution and availability of the nursing workforce for the purpose of improving the delivery of quality health care;
(12) To make, adopt and publish rules pursuant to chapter 52, title 67, Idaho Code, as may be necessary or appropriate to carry out the provisions and purposes of this chapter.
[54-1404, added 1977, ch. 132, sec. 2, p. 282; am. 1984, ch. 57, sec. 2, p. 102; am. 1995, ch. 351, sec. 1, p. 1163; am. 1998, ch. 118, sec. 3, p. 440; am. 2001, ch. 76, sec. 1, p. 184; am. 2007, ch. 139, sec. 1, p. 402; am. 2012, ch. 139, sec. 1, p. 366; am. 2012, ch. 140, sec. 1, p. 367; am. 2016, ch. 341, sec. 2, p. 966; am. 2021, ch. 221, sec. 5, p. 611.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-1405, added 2021, ch. 224, sec. 42, p. 674.]
Approval.
(1) Qualifications. Persons and institutions desiring to offer or conduct approved nursing education programs in the state of Idaho shall comply herewith. Approval shall be conditioned upon and subject to continuing compliance with standards adopted by the board respecting faculty, staff, curriculum, administration, financial stability and other matters affecting the quality of nursing education.
(2) Initial compliance. Upon receipt of an application hereunder, a survey of the program, including clinical facilities and affiliated institutions, shall be made under the direction of the executive director and a written report of the findings shall be submitted to the board. If the board determines that the standards have been met, it shall issue a certificate of approval.
(3) Continuing compliance. To ensure the continuing compliance with adopted standards, all approved nursing education programs shall be surveyed and reviewed periodically under the direction of the executive director. Written reports of the findings shall be submitted to the board. In the event any program fails to maintain compliance required by this section, the board may withdraw its prior certification, or impose such conditions and restrictions as may secure compliance within a reasonable period of time by notification in writing and specifying the reasons for the action. Action against any existing program must be based upon fact and subject to appeal as provided for administrative action pursuant to chapter 52, title 67, Idaho Code.
[54-1406, added 1977, ch. 132, sec. 2, p. 283; am. 1995, ch. 351, sec. 2, p. 1164.; am. 2015, ch. 11, sec. 1, p. 16.]
(1) The board shall issue a certificate of medication assistance (MA-C) to an individual who:
(a) Is registered as a nursing assistant, without substantiated charges, on the nursing assistant registry currently maintained by the Idaho department of health and welfare;
(b) Has received training preparing for a role in administering medications and works under the supervision of a licensed nurse in a skilled nursing facility;
(c) Has completed an MA-C program following the model curriculum approved by the national council of state boards of nursing;
(d) Has passed the medication aide certification exam approved by the national council of state boards of nursing or other nationally or regionally recognized testing organization that offers exams for medication aides; and
(e) Has paid applicable fees.
(2) The board shall not require the examination required in subsection (1)(d) of this section for a person who is registered as a nursing assistant pursuant to subsection (1)(a) of this section on July 1, 2020.
(3) The board shall maintain a public registry of the names and addresses of all certified medication assistants.
(4) The board is authorized to impose and collect initial application fees and two (2) year renewal fees, as well as reinstatement fees, and verification of records fees not to exceed, in total, one hundred dollars ($100), as determined by board rule. Fees collected pursuant to this section shall be deposited in the state board of nursing account.
(5) A person may not use the title "certified medication assistant" or the abbreviation "MA-C" unless such person has been duly certified pursuant to this section.
(6) A certified MA-C is permitted to administer medications as delegated by a licensed nurse.
(7) The board shall have the authority to administer discipline as set forth in paragraph (a) of this subsection for any one (1) or a combination of grounds for discipline as set forth in paragraph (b) of this subsection.
(a) Disciplinary action by the board shall include:
(i) Denying certification or recertification, suspending, revoking, placing on probation, reprimanding, limiting, restricting, conditioning, or accepting the voluntary surrender of a certificate issued pursuant to this section if a certified medication assistant commits an act that constitutes grounds for discipline;
(ii) Referring criminal violations of this section to the appropriate law enforcement agency; and
(iii) Imposing a civil penalty of no more than one hundred dollars ($100) per violation.
(b) Grounds for discipline shall include:
(i) Substance abuse or dependency;
(ii) Client abandonment, neglect, or abuse;
(iii) Fraud or deceit, which may include but is not limited to:
Filing false credentials;
Falsely representing facts on an application for initial certification, renewal, or reinstatement; and
Giving or receiving assistance in taking the exam required in subsection (1)(d) of this section.
(iv) Boundary violations;
(v) Performance of unsafe client care;
(vi) Performing acts beyond the range of authorized functions or beyond those tasks delegated under the provisions of this section;
(vii) Misappropriation or misuse of property;
(viii) Obtaining money or property of a client, resident, or other person by theft, fraud, misrepresentation, or duress committed during the course of employment as a certified medication assistant;
(ix) Criminal conviction of a misdemeanor that directly relates to or affects the functions of a certified medication assistant or conviction of any felony as set forth in rule;
(x) Putting clients at risk of harm; and
(xi) Violating the privacy or failing to maintain the confidentiality of client or resident information.
(8) The board shall comply with the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, in taking any disciplinary action against a certified medication assistant and shall maintain records of any such disciplinary action, which records shall be available for public inspection to the same extent as records regarding disciplinary proceedings against nurses and as otherwise consistent with chapter 1, title 74, Idaho Code. The assessment of costs and fees incurred in the investigation and prosecution or defense of a certified medication assistant shall be governed by the provisions of section 12-117(5), Idaho Code.
(9) The board shall notify the Idaho nursing assistant registry of any disciplinary action taken against a certified medication assistant pursuant to this section.
[54-1406A, added 2020, ch. 116, sec. 2, p. 366; am. 2023, ch. 45, sec. 1, p. 184.]
(1) Qualifications. To qualify for a license to practice practical nursing a person must:
(a) Have successfully completed the basic curriculum of an approved practical nursing education program or its equivalent; and
(b) Satisfy one (1) of the following requirements:
(i) Pass an examination adopted and used by the board to measure knowledge and judgment essential for the safe practice of practical nursing; or
(ii) Have a practical nursing license in good standing, without restriction or limitation, issued upon successful similar examination, approved by the board, conducted in another state, territory or foreign country; or
(iii) Have a practical nursing license in good standing, without restriction or limitation, issued by another state, territory or foreign country and meet established board requirements; and
(c) Be of sufficiently sound physical and mental health as will not impair or interfere with the ability to practice nursing.
(2) Fees. A qualified applicant shall be entitled to a license to practice practical nursing upon payment of a license fee to the board in an amount designated by the board not to exceed one hundred fifty dollars ($150).
[(54-1407), added 1977, ch. 132, sec. 2, p. 284; am. 1995, ch. 351, sec. 3, p. 1165; am. & redesig. 1998, ch. 118, sec. 5, p. 441; am. 2002, ch. 80, sec. 1, p. 179; am. 2009, ch. 67, sec. 1, p. 190.]
(1) Qualifications. To qualify for a license to practice registered nursing, a person must:
(a) Have successfully completed the basic curriculum of an approved registered nursing education program or its equivalent; and
(b) Satisfy one (1) of the following requirements:
(i) Pass an examination adopted and used by the board to measure knowledge and judgment essential for the safe practice of registered nursing; or
(ii) Have a professional or registered nurse license in good standing, without restriction or limitation, issued upon successful similar examination, approved by the board, conducted in another state, territory or foreign country; or
(iii) Have a professional or registered nurse license in good standing, without restriction or limitation, issued by another state, territory or foreign country and meet established board requirements; and
(c) Be of sufficiently sound physical and mental health as will not impair or interfere with the ability to practice nursing.
(2) Fees. A qualified applicant shall be entitled to a license to practice registered nursing upon payment of a license fee to the board in an amount designated by the board not to exceed two hundred dollars ($200).
[(54-1408) 54-1407, added 1977, ch. 132, sec. 2, p. 284; am. & redesig. 1998, ch. 118, sec. 4, p. 441; am. 2002, ch. 80, sec. 2, p. 179; am. 2009, ch. 67, sec. 2, p. 190; am. 2012, ch. 142, sec. 4, p. 375.]
(1) Qualifications. To qualify for a license to practice advanced practice registered nursing, a person must:
(a) Be currently licensed to practice as a registered nurse in Idaho; and
(b) Have successfully completed an approved advanced practice registered nursing education program that meets the board requirements for the role of advanced nursing practice for which the applicant is seeking licensure; and
(c) Have passed a qualifying examination recognized by the board and have current certification from a national organization recognized by the board; and
(d) Be of sufficiently sound physical and mental health as will not impair or interfere with the ability to practice nursing.
(2) Fees. A qualified applicant shall be entitled to a license to practice advanced practice registered nursing upon payment of a license fee to the board in an amount designated by the board not to exceed two hundred fifty dollars ($250).
[54-1409, added 1998, ch. 118, sec. 6, p. 442; am. 2002, ch. 80, sec. 3, p. 180; am. 2012, ch. 142, sec. 5, p. 375.]
(1) Any licensee in good standing, who desires to retire for any length of time from the practice of nursing in this state, shall submit a request in writing, surrender the current license, and pay the required fee; thereafter the current license shall be placed on inactive status and an emeritus status license issued.
(2) Fees are nonrefundable and cannot be prorated.
(3) An emeritus status license does not entitle the holder to practice nursing in the state of Idaho, except that:
(a) A registered nurse with an emeritus status license may use the title "registered nurse," or the abbreviation "RN"; and
(b) A practical nurse with an emeritus status license may use the title "licensed practical nurse," or the abbreviation "LPN"; and
(c) An advanced practice registered nurse with an emeritus status license may use an appropriate title or designation as set forth in section 54-1402(1), Idaho Code.
(4) The board may reinstate a license with emeritus status to a license with active status upon payment of the required reinstatement fee, submission of a satisfactory reinstatement application and proof of current competency to practice.
(5) When disciplinary proceedings have been initiated against a licensee with emeritus status, the license shall not be reinstated until the proceedings have been completed.
[54-1410, added 2002, ch. 80, sec. 5, p. 180; am. 2012, ch. 142, sec. 6, p. 375; am. 2017, ch. 55, sec. 1, p. 85.]
(1) The board may issue temporary licenses to:
(a) Graduates of approved nursing education programs seeking to qualify for licensure by this chapter; or
(b) Persons who have not actively engaged in the practice of nursing in any state for more than three (3) years immediately prior to application for licensure.
(2) Temporary licenses shall be issued upon such terms and conditions as the board may determine necessary to insure safe and qualified performance of nursing functions. The board shall define the nature, the scope and period of practice permissible under the temporary license.
[(54-1410A)(54-1410) 54-1409, added 1977, ch. 132, sec. 2, p. 285; am. & redesig. 1998, ch. 118, sec. 7, p. 442; am. & redesig. 2002, ch. 80, sec. 4, p. 180.]
(1) Renewal. Except for emeritus status, each license issued pursuant to this chapter shall be valid from the date of its issue until the first renewal date thereafter.
(a) No license shall be valid unless renewed each and every two (2) years on the renewal dates fixed by the board.
(b) The board may impose a renewal fee in an amount not to exceed one hundred dollars ($100).
(c) A license that is not timely renewed is a lapsed license.
(2) Certified nurse-midwives, clinical nurse specialists, certified registered nurse anesthetists and certified nurse practitioners desiring license renewal must provide proof, satisfactory to the board, of the applicant’s competence to practice by documenting completion of a peer review process.
(3) Reinstatement. A person whose license has lapsed, or who holds an emeritus status license in good standing, or whose license has been revoked, suspended, limited, conditioned or otherwise sanctioned by the board, may apply for reinstatement of the license to active and unrestricted status. A licensee’s ability to apply for reinstatement may be subject to time constraints imposed by board rule or by the terms of a disciplinary order. An applicant for reinstatement must:
(a) Pay a reinstatement fee in an amount not to exceed one hundred dollars ($100).
(b) Submit a completed reinstatement application and provide proof, satisfactory to the board, of the applicant’s competency to practice.
(c) Document compliance with the terms and conditions set forth in any order of the board as a condition of reinstatement.
[(54-1411) 54-1410, added 1977, ch. 132, sec. 2, p. 285; am. 1984, ch. 57, sec. 4, p. 104; am. and redesig. 1998, ch. 118, sec. 8, p. 442; am. 2002, ch. 80, sec. 6, p. 181; am. 2004, ch. 262, sec. 2, p. 741; am. 2012, ch. 142, sec. 7, p. 376; am. 2017, ch. 55, sec. 2, p. 86.]
(1) In order to promote preceptorship experiences, a primary care health professional applying to renew a professional license pursuant to section 54-1411, Idaho Code, shall track and report any hours spent acting as a preceptor to a graduate student in a qualified rural area during the prior two (2) years. A preceptor devoting three hundred sixty (360) hours or more during the prior two (2) years in a qualified rural area shall receive credit for such service in the form of continuing education credits or required practice hours or be accorded such other affirmative acknowledgment as the board of nursing shall determine is appropriate in considering the renewal of the preceptor’s license.
(2) For the purpose of this section, the following definitions apply:
(a) "Graduate student" means an individual matriculating at the graduate level at any accredited Idaho institution of higher education seeking a degree in any area of nursing licensed under this chapter.
(b) "Preceptor" means a nursing professional licensed pursuant to the provisions of this chapter.
(c) "Preceptorship" means an uncompensated mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision for a total of no less than one hundred eighty (180) hours per calendar year that is offered to eligible graduate students to enable the students to obtain professional degrees in primary care fields.
(d) "Primary care" shall have the meaning as provided in section 39-5903, Idaho Code.
(e) "Qualified rural area" means a primary care health professional shortage area or a medically underserved area, as those terms are defined in section 39-5903, Idaho Code.
[54-1411A, added 2025, ch. 195, sec. 1, p. 895.]
This act shall not be construed to require licensure or to prohibit the practice of nursing by persons assisting in an emergency, students enrolled in approved nursing education programs performing functions incident to formal instruction, nurses licensed by another state, territory or country and employed by the United States government performing official duties, persons rendering nursing services or care of the sick when done in connection with the practice of the religious tenets of any church by adherents thereof, and by such other persons as may be exempt from licensure by rules of the board. Nothing shall be construed as prohibiting the use of medical attendants by the department of correction at its correctional institutions.
[(54-1412), added 1977, ch. 132, sec. 2, p. 285; am. & redesig. 1998, ch. 118, sec. 9, p. 443.]
(1) Grounds for discipline. The board shall have the power to take disciplinary action upon a determination that an individual engaged in conduct constituting any one (1) of the following grounds:
(a) Made, or caused to be made, a false, fraudulent or forged statement or representation in procuring or attempting to procure a license to practice nursing;
(b) Practiced nursing under a false or assumed name;
(c) Is convicted of or enters a guilty plea for a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(d) Is or has been grossly negligent or reckless in performing nursing functions;
(e) Habitually uses alcoholic beverages or drugs as defined by rule;
(f) Is physically or mentally unfit to practice nursing;
(g) Violates the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board;
(h) Otherwise engages in conduct of a character likely to deceive, defraud or endanger patients or the public, which includes, but is not limited to, failing or refusing to report criminal conduct or other conduct by a licensee that endangers patients;
(i) Has been disciplined by a nursing regulatory authority in any jurisdiction. A certified copy of the order entered by the jurisdiction shall be prima facie evidence of such discipline;
(j) Failure to comply with the terms of any board order, negotiated settlement or probationary agreement of the board or to pay fines or costs assessed in a prior disciplinary proceeding;
(k) Engaging in conduct with a patient that is sexual, sexually exploitative, sexually demeaning or may reasonably be interpreted as sexual, sexually exploitative or sexually demeaning; or engaging in conduct with a former patient that is sexually exploitative or may reasonably be interpreted as sexually exploitative. It would not be a violation under this subsection for a nurse to continue a sexual relationship with a spouse or individual of majority if a consensual sexual relationship existed prior to the establishment of the nurse-patient relationship; or
(l) Failure to comply with the requirements of the abortion complications reporting act, chapter 95, title 39, Idaho Code.
(2) Separate offense. Each day an individual violates any of the provisions of this chapter or rules and standards of conduct and practice as may be adopted by the board shall constitute a separate offense.
(3) Probation/subsequent review. Any order of the board entered under this section may be withheld or suspended for a probationary period to be fixed by the board upon such terms and conditions as may be appropriate in order to regulate, monitor and/or supervise the practice of nursing by the licensee subject to such order for the prescribed probationary period. Any order of the board entered under this section may be withdrawn, reversed, modified or amended upon a showing by the person subject to the order that the grounds for discipline no longer exist or that he is rehabilitated, qualified and competent to practice nursing and that he is not likely to violate this chapter or rules adopted hereunder in the future.
(4) Reporting investigative information.
(a) Nothing in section 74-106(8) and (9), Idaho Code, shall be construed as limiting the authority of the board to report current significant investigative information to the coordinated licensure information system for transmission to states that are parties to any multistate agreements or compacts regarding nurse licensure.
(b) The executive director of the board may, in the administration of this chapter, share information and otherwise cooperate with government regulatory and law enforcement agencies.
[(54-1413) 54-1412, added 1977, ch. 132, sec. 2, p. 285; am. 1984, ch. 57, sec. 5, p. 104; am. and redesig. 1998, ch. 118, sec. 10, p. 443; am. 2001, ch. 76, sec. 2, p. 185; am. 2002, ch. 80, sec. 7, p. 181; am. 2008, ch. 67, sec. 2, p. 173; am. 2013, ch. 208, sec. 1, p. 496; am. 2014, ch. 139, sec. 1, p. 377; am. 2015, ch. 141, sec. 138, p. 484; am. 2018, ch. 225, sec. 2, p. 514; am. 2018, ch. 348, sec. 5, p. 801; am. 2020, ch. 175, sec. 20, p. 522; am. 2021, ch. 34, sec. 1, p. 76; am. 2026, ch. 221, sec. 7, p. 934.]
(1) It shall be unlawful for any person, corporation, association or other legal entity to:
(a) Practice nursing in this state without a current license unless exempted from licensure by this chapter; or
(b) Falsify or forge any application for licensure, license, renewal of license or certification required by this chapter; or
(c) Falsely represent by use of any designation, title, or statement, that he is licensed pursuant to this chapter; or
(d) Falsely represent, by use of any designation, title or statement, that a school or course is approved pursuant to this chapter; or
(e) Employ unlicensed persons to practice nursing in this state unless the person is exempt from licensure by this chapter; or
(f) Aid, abet, assist or encourage any person in violating this chapter.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punishable by fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed six (6) months or both such fine and imprisonment.
[(54-1414), added 1977, ch. 132, sec. 2, p. 287; am. and redesig. 1998, ch. 118, sec. 11, p. 444; am. 2002, ch. 80, sec. 8, p. 183.]
Any person holding a license to practice nursing in this state on March 23, 1977, shall be recognized as licensed hereunder and shall be subject to all provisions of this act. The rules of the board in effect at the time of enactment of this act, and the fees fixed by the statute repealed by this act shall remain in full force and effect until the board has adopted supplemental rules pursuant to this act.
[(54-1415) added 1977, ch. 132, sec. 2, p. 287; am. and redesig. 1998, ch. 118, sec. 12, p. 445.]
Whenever any person violates any of the provisions of this act, the board may maintain an action in the name of the state of Idaho to enjoin said person from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada County. Upon the filing of a verified complaint the district court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue a temporary restraining order and/or preliminary injunction, without bond, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other similar civil actions. If the commission of said act or acts be established, the court shall enter a decree permanently enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court or the judge thereof at chambers, may summarily try and punish the offender for contempt of court.
[54-1416, added 1984, ch. 57, sec. 6, p. 105.]
The terms and conditions of the nurse licensure compact are hereby enacted in substantially the following form:
NURSE LICENSURE COMPACT
ARTICLE I
FINDINGS AND DECLARATION OF PURPOSE
a. The party states find that:
The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
b. The general purposes of this compact are to:
Facilitate the states’ responsibility to protect the public’s health and safety;
Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;
Promote compliance with the laws governing the practice of nursing in each jurisdiction;
Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
Decrease redundancies in the consideration and issuance of nurse licenses; and
Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
ARTICLE II DEFINITIONS
As used in this compact:
a. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.
b. "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
c. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
d. "Current significant investigative information" means:
Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
f. "Home state" means the party state which is the nurse’s primary state of residence.
g. "Licensing board" means a party state’s regulatory body responsible for issuing nurse licenses.
h. "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
i. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.
j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state’s practice laws.
k. "Party state" means any state that has adopted this compact.
l. "Remote state" means a party state, other than the home state.
m. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
n. "State" means a state, territory or possession of the United States and the District of Columbia.
o. "State practice laws" means a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
ARTICLE III
GENERAL PROVISIONS AND JURISDICTION
a. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.
b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.
c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
Meets the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(i) Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or
(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
Has successfully passed an NCLEX-RN® or NCLEX-PN® examination or recognized predecessor, as applicable;
Is eligible for or holds an active, unencumbered license;
Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records;
Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
Is not currently enrolled in an alternative program;
Is subject to self-disclosure requirements regarding current participation in an alternative program; and
Has a valid United States social security number.
d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
f. Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
g. Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:
A nurse, who changes primary state of residence after this compact’s effective date, must meet all applicable article III.c. requirements to obtain a multistate license from a new home state.
A nurse who fails to satisfy the multistate licensure requirements in article III.c. due to a disqualifying event occurring after this compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission of nurse licensure compact administrators ("commission").
ARTICLE IV
APPLICATIONS FOR LICENSURE IN A PARTY STATE
a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.
b. A nurse may hold a multistate license, issued by the home state, in only one (1) party state at a time.
c. If a nurse changes primary state of residence by moving between two (2) party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.
The nurse may apply for licensure in advance of a change in primary state of residence.
A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
d. If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
ARTICLE V
ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
a. In addition to the other powers conferred by state law, a licensing board shall have the authority to:
i. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.
Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.
Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.
b. If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
c. Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
ARTICLE VI
COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION
a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
b. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
h. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
Identifying information;
Licensure data;
Information related to alternative program participation; and
Other information that may facilitate the administration of this compact, as determined by commission rules.
i. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
ARTICLE VII
ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS
a. The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.
The commission is an instrumentality of the party states.
Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
b. Membership, voting and meetings.
Each party state shall have and be limited to one (1) administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.
The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article VIII of this compact.
The commission may convene in a closed, nonpublic meeting if the commission must discuss:
i. Noncompliance of a party state with its obligations under this compact;
ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
iii. Current, threatened or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services or real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement purposes;
ix. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
c. The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to:
Establishing the fiscal year of the commission;
Providing reasonable standards and procedures:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function of the commission;
Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; and
Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;
d. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.
e. The commission shall maintain its financial records in accordance with the bylaws.
f. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
g. The commission shall have the following powers:
To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;
To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
To purchase and maintain insurance and bonds;
To borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;
To cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space or other resources;
To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
To establish a budget and make expenditures;
To borrow money;
To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
To provide and receive information from, and to cooperate with, law enforcement agencies;
To adopt and use an official seal; and
To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
h. Financing of the commission.
The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.
The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
i. Qualified immunity, defense and indemnification.
The administrators, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
The commission shall defend any administrator, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.
The commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
ARTICLE VIII
RULEMAKING
a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
c. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
On the website of the commission; and
On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include:
The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
The text of the proposed rule or amendment, and the reason for the proposed rule;
A request for comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
e. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
f. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
g. The commission shall publish the place, time and date of the scheduled public hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
h. If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
j. The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
k. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
Meet an imminent threat to public health, safety or welfare;
Prevent a loss of commission or party state funds; or
Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
l. The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE IX
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
a. Oversight.
Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.
The commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
b. Default, technical assistance and termination.
i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and
ii. Provide remedial training and specific technical assistance regarding the default.
If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.
A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state.
The defaulting state may appeal the action of the commission by petitioning the U.S. district court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
c. Dispute resolution.
Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
In the event the commission cannot resolve disputes among party states arising under this compact:
i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding.
d. Enforcement.
The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
By majority vote, the commission may initiate legal action in the U.S. district court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE X
EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior nurse licensure compact, superseded by this compact, ("prior compact"), shall be deemed to have withdrawn from said prior compact within six (6) months after the effective date of this compact.
b. Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
d. A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
g. Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
[54-1418, added 2001, ch. 76, sec. 3, p. 187; repeal and new section added 2016, ch. 56, secs. 1 and 2, p. 165.]
The terms and conditions of the advanced practice registered nurse compact are hereby enacted in substantially the following form:
ADVANCED PRACTICE REGISTERED NURSE COMPACT
ARTICLE I
FINDINGS AND DECLARATION OF PURPOSE
a. The party states find that:
The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse (APRN) licensure requirements and the effectiveness of enforcement activities related to state APRN licensure laws;
Violations of APRN licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
The expanded mobility of APRNs and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of APRN licensure and regulation;
New practice modalities and technology make compliance with individual state APRN licensure laws difficult and complex;
The current system of duplicative APRN licensure for APRNs practicing in multiple states is cumbersome and redundant for both APRNs and states; and
Uniformity of APRN licensure requirements throughout the states promotes public safety and public health benefits.
b. The general purposes of this compact are to:
Facilitate the states’ responsibility to protect the public’s health and safety;
Ensure and encourage the cooperation of party states in the areas of APRN licensure and regulation, including promotion of uniform licensure requirements;
Facilitate the exchange of information between party states in the areas of APRN regulation, investigation and adverse actions;
Promote compliance with the laws governing APRN practice in each jurisdiction;
Invest all party states with the authority to hold an APRN accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
Decrease redundancies in the consideration and issuance of APRN licenses; and
Provide opportunities for interstate practice by APRNs who meet uniform licensure requirements.
ARTICLE II DEFINITIONS
As used in this compact:
a. "Advanced practice registered nurse" or "APRN" means a registered nurse who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the interstate commission of APRN compact administrators ("commission") and who is licensed to perform advanced nursing practice. An advanced practice registered nurse is licensed in an APRN role that is congruent with an APRN educational program, certification and commission rules.
b. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against an APRN, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any other encumbrance on licensure affecting an APRN’s authorization to practice, including the issuance of a cease and desist action.
c. "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
d. "APRN licensure" means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.
e. "APRN uniform licensure requirements" means minimum uniform licensure, education and examination requirements as adopted by the commission.
f. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on APRN licensure and enforcement activities related to APRN licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
g. "Current significant investigatory information" means:
Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the APRN to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
Investigative information that indicates that the APRN represents an immediate threat to public health and safety regardless of whether the APRN has been notified and had an opportunity to respond.
h. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
i. "Home state" means the party state that is the APRN’s primary state of residence.
j. "Licensing board" means a party state’s regulatory body responsible for regulating the practice of advanced practice registered nursing.
k. "Multistate license" means an APRN license to practice as an APRN issued by a home state licensing board that authorizes the APRN to practice as an APRN in all party states under a multistate licensure privilege in the same role and population focus as the APRN is licensed in the home state.
l. "Multistate licensure privilege" means a legal authorization associated with an APRN multistate license that permits an APRN to practice as an APRN in a remote state in the same role and population focus as the APRN is licensed in the home state.
m. "Noncontrolled prescription drug" means a device or drug that is not a controlled substance and is prohibited under state or federal law from being dispensed without a prescription. The term includes a device or drug that bears or is required to bear the legend "caution: federal law prohibits dispensing without prescription" or "prescription only" or other legend that complies with federal law.
n. "Party state" means any state that has adopted this compact.
o. "Population focus" means a specific patient population that is congruent with the APRN educational program, certification and commission rules.
p. "Prescriptive authority" means the legal authority to prescribe medications and devices as defined by party state laws.
q. "Remote state" means a party state that is not the home state.
r. "Single-state license" means an APRN license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
s. "State" means a state, territory or possession of the United States and the District of Columbia.
t. "State practice laws" means a party state’s laws, rules and regulations that govern APRN practice, define the scope of advanced nursing practice, including prescriptive authority, and create the methods and grounds for imposing discipline. State practice laws do not include the requirements necessary to obtain and retain an APRN license, except for qualifications or requirements of the home state.
ARTICLE III
GENERAL PROVISIONS AND JURISDICTION
a. A state must implement procedures for considering the criminal history records of applicants for initial APRN licensure or APRN licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by APRN applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.
b. By rule, the commission shall adopt the APRN uniform licensure requirements ("ULRs"). The ULRs shall provide the minimum requirements for APRN multistate licensure in party states, provided that the commission may adopt rules whereby an APRN, with an unencumbered license on the effective date of this compact, may obtain, by endorsement or otherwise, and retain a multistate license in a party state.
c. In order to obtain or retain a multistate license, an APRN must meet, in addition to the ULRs, the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable home state laws.
d. By rule, the commission shall identify the approved APRN roles and population foci for licensure as an APRN. An APRN issued a multistate license shall be licensed in an approved APRN role and at least one (1) approved population focus.
e. An APRN multistate license issued by a home state to a resident in that state will be recognized by each party state as authorizing the APRN to practice as an APRN in each party state, under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state. If an applicant does not qualify for a multistate license, a single-state license may be issued by a home state.
f. Issuance of an APRN multistate license shall include prescriptive authority for noncontrolled prescription drugs unless the APRN was licensed by the home state prior to the home state’s adoption of this compact and has not previously held prescriptive authority.
An APRN granted prescriptive authority for noncontrolled prescription drugs in the home state may exercise prescriptive authority for noncontrolled prescription drugs in any remote state while exercising a multistate licensure privilege under an APRN multistate license; the APRN shall not be required to meet any additional eligibility requirements imposed by the remote state in exercising prescriptive authority for noncontrolled prescription drugs.
Prescriptive authority in the home state for an APRN who was not granted prescriptive authority at the time of initial licensure by the home state, prior to the adoption of this compact, shall be determined under home state law.
Prescriptive authority eligibility for an APRN holding a single-state license shall be determined under the law of the licensing state.
g. For each state in which an APRN seeks authority to prescribe controlled substances, the APRN shall satisfy all requirements imposed by such state in granting and/or renewing such authority.
h. An APRN issued a multistate license is authorized to assume responsibility and accountability for patient care independent of a supervisory or collaborative relationship with a physician. This authority may be exercised in the home state and in any remote state in which the APRN exercises a multistate licensure privilege. For an APRN issued a single-state license in a party state, the requirement for a supervisory or collaborative relationship with a physician shall be determined under applicable party state law.
i. All party states shall be authorized, in accordance with state due process laws, to take adverse action against an APRN’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects an APRN’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
j. An APRN practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. APRN practice is not limited to patient care but shall include all advanced nursing practice as defined by the state practice laws of the party state in which the client is located. APRN practice in a party state under a multistate licensure privilege will subject the APRN to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.
k. This compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as satisfying any state law requirement for registered nurse licensure as a precondition for authorization to practice as an APRN in that state.
l. Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state APRN license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state.
ARTICLE IV
APPLICATIONS FOR APRN LICENSURE IN A PARTY STATE
a. Upon application for an APRN multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held or is the holder of a licensed practical/vocational nursing license, a registered nursing license or an advanced practice registered nurse license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
b. An APRN may hold a multistate APRN license, issued by the home state, in only one (1) party state at a time.
c. If an APRN changes primary state of residence by moving between two (2) party states, the APRN must apply for APRN licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable commission rules.
The APRN may apply for licensure in advance of a change in primary state of residence.
A multistate APRN license shall not be issued by the new home state until the APRN provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate APRN license from the new home state.
d. If an APRN changes primary state of residence by moving from a party state to a nonparty state, the APRN multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
ARTICLE V
ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
a. In addition to the other powers conferred by state law, a licensing board shall have the authority to:
i. Only the home state shall have power to take adverse action against an APRN’s license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct that occurred outside of the home state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
Issue cease and desist orders or impose an encumbrance on an APRN’s authority to practice within that party state.
Complete any pending investigations of an APRN who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a party state licensing board for the attendance and testimony of witnesses and/or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing licensing board shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses and/or evidence are located.
Obtain and submit, for an APRN licensure applicant, fingerprints or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
If otherwise permitted by state law, recover from the affected APRN the costs of investigations and disposition of cases resulting from any adverse action taken against that APRN.
Take adverse action based on the factual findings of another party state, provided that the licensing board follows its own procedures for taking such adverse action.
b. If adverse action is taken by a home state against an APRN’s multistate licensure, the privilege to practice in all other party states under a multistate licensure privilege shall be deactivated until all encumbrances have been removed from the APRN’s multistate license. All home state disciplinary orders that impose adverse action against an APRN’s multistate license shall include a statement that the APRN’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
c. Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any APRN for the duration of the APRN’s participation in an alternative program.
ARTICLE VI
COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION
a. All party states shall participate in a coordinated licensure information system of all APRNs, licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each APRN, as submitted by party states, to assist in the coordinated administration of APRN licensure and enforcement efforts.
b. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and APRN participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic and/or confidential under state law.
d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing the information shall be removed from the coordinated licensure information system.
h. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
Identifying information;
Licensure data;
Information related to alternative program participation information; and
Other information that may facilitate the administration of this compact, as determined by commission rules.
i. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
ARTICLE VII
ESTABLISHMENT OF THE INTERSTATE COMMISSION OF APRN COMPACT ADMINISTRATORS
a. The party states hereby create and establish a joint public agency known as the interstate commission of APRN compact administrators.
The commission is an instrumentality of the party states.
Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
b. Membership, voting and meetings.
Each party state shall have and be limited to one (1) administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.
The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article VIII of this compact.
The commission may convene in a closed, nonpublic meeting if the commission must discuss:
i. Noncompliance of a party state with its obligations under this compact;
ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
iii. Current, threatened or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services or real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement purposes;
ix. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
c. The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to:
Establishing the fiscal year of the commission;
Providing reasonable standards and procedures:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function of the commission.
Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment and/or reserving of all of its debts and obligations;
d. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission;
e. The commission shall maintain its financial records in accordance with the bylaws; and
f. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
g. The commission shall have the following powers:
To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;
To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
To purchase and maintain insurance and bonds;
To borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;
To cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space or other resources;
To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
To establish a budget and make expenditures;
To borrow money;
To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
To provide and receive information from, and to cooperate with, law enforcement agencies;
To adopt and use an official seal; and
To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of APRN licensure and practice.
h. Financing of the commission.
The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
The commission may levy on and collect an annual assessment from each party state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.
The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
i. Qualified immunity, defense and indemnification.
The administrators, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
The commission shall defend any administrator, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.
The commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
ARTICLE VIII
RULEMAKING
a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
c. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
On the website of the commission; and
On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include:
The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
The text of the proposed rule or amendment, and the reason for the proposed rule;
A request for comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
e. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
f. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
g. The commission shall publish the place, time and date of the scheduled public hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
h. If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
j. The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
k. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
Meet an imminent threat to public health, safety or welfare;
Prevent a loss of commission or party state funds; or
Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
l. The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE IX
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
a. Oversight.
Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.
The commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
b. Default, technical assistance and termination.
i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the commission; and
ii. Provide remedial training and specific technical assistance regarding the default.
If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board, the defaulting state’s licensing board, and each of the party states.
A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated, unless agreed upon in writing between the commission and the defaulting state.
The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
c. Dispute resolution.
Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
In the event the commission cannot resolve disputes among party states arising under this compact:
i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding.
d. Enforcement.
The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE X
EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
a. This compact shall come into limited effect at such time as this compact has been enacted into law in ten (10) party states for the sole purpose of establishing and convening the commission to adopt rules relating to its operation and the APRN ULRs.
b. On the date of the commission’s adoption of the APRN ULRs, all remaining provisions of this compact and rules adopted by the commission shall come into full force and effect in all party states.
c. Any state that joins this compact subsequent to the commission’s initial adoption of the APRN uniform licensure requirements shall be subject to all rules that have been previously adopted by the commission.
d. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
e. A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
f. Nothing contained in this compact shall be construed to invalidate or prevent any APRN licensure agreement or other cooperative arrangement between a party state and a nonparty state that does not conflict with the provisions of this compact.
g. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon any party state until it is enacted into the laws of all party states.
h. Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
[54-1419, added 2016, ch. 55, sec. 1, p. 152.]
When a provision of law or rule requires the signature, certification, stamp, verification, affidavit, or endorsement of a physician, that requirement may be fulfilled by an advanced practice registered nurse (APRN), including a certified nurse practitioner, certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist. This section shall not be construed to expand the scope of practice of an APRN.
[54-1420, added 2020, ch. 20, sec. 1, p. 56.]
(1) For the purposes of this section, "certified registered nurse anesthetist" or "CRNA" means a licensed registered nurse who has graduated from a nationally accredited graduate or post-graduate nurse anesthesia program and holds current certification as a nurse anesthetist from a national organization recognized by the board. CRNAs are authorized to provide the full spectrum of anesthesia care and related services to individuals across the lifespan, whose health status may range across the wellness-illness continuum, including healthy persons; persons with immediate, severe, or life-threatening illness or injury; and persons with sustained or chronic health conditions.
(2) A CRNA shall be responsible for the care provided by the CRNA and for obtaining professional liability insurance if the CRNA is not covered by the facility or practice in which the CRNA works.
(3) A physician shall not be liable for civil damages arising out of any act or omission relating to anesthesia services when:
(a) Such anesthesia services have been furnished solely and independently by a CRNA acting within the scope of the CRNA’s licensure, education, training, and experience, and in compliance with all applicable state and federal laws and rules; and
(b) The physician did not provide direct control or supervision or expressly assume responsibility for the anesthesia services provided by the CRNA.
(4) The immunity from liability provided for in subsection (3) of this section applies regardless of whether a physician is physically present in the facility or practice setting where the CRNA is providing anesthesia services as long as the physician did not undertake, accept, or contractually agree to supervise or direct the CRNA’s anesthesia care.
(5) Nothing in this section shall excuse or immunize a physician from liability for:
(a) The physician’s own acts of negligence, gross negligence, or willful misconduct; or
(b) Any separate and independent professional services personally rendered by the physician to a patient.
(6) Nothing in this section shall:
(a) Be interpreted to create any new requirement for physician supervision of CRNAs or to restrict the practice of any other licensed health professional; or
(b) Affect or impair any requirement for facility accreditation, federal participation conditions for medicare or medicaid, or other regulatory standards that are not superseded by state law.
(7) The indemnity and immunity provided for in this section shall not limit or alter the jurisdiction of the board or the Idaho state board of medicine in regulating their respective licensees, nor shall it preclude the application of any other provision of state law.
(8) If any provision of this section or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application. To this end, the provisions of this statute are declared to be severable.
[54-1421, added 2025, ch. 199, sec. 1, p. 909.]
(1) A nurse with appropriate education, training, and experience and who is licensed under this chapter may delegate to a non-nurse tasks that do not involve the exercise of independent clinical judgment, as long as the nurse responsible for delegation maintains proper supervision and is satisfied that the person is qualified and adequately trained.
(2) For the purposes of this section, "tasks that do not involve the exercise of independent clinical judgment" are duties that an individual has received formal training to perform and that such individual is certified to perform by a national organization acceptable to the board.
[(54-1422) 54-1421, added 2025, ch. 187, sec. 1, p. 873; am. and redesig. 2026, ch. 251, sec. 20, p. 1070.]
Optometry is defined as the science which relates to the examination, diagnosis and treatment of conditions of or relating to the eyes and/or eyelids, the analysis of their function and the employment of preventive or corrective measures to ensure maximum vision and comfort. The practice of optometry is declared to be a learned profession. The practice of optometry affects the public health, welfare and safety and the public interest requires regulation and control of the practice of optometry and limitation of the practice to qualified persons. The "practice of optometry" means:
(1) To engage in the profession of examining, testing, measuring, treating, correcting, developing or improving the human visual apparatus;
(2) To display any sign, circular, advertisement or device offering to examine eyes, test eyes, fit glasses, adjust frames or prescribe lenses, or by any means or method set oneself forth as an optometrist, doctor of optometry, optometric physician, optical doctor, doctor of optical science, O.D., Opt. D., optician, optical specialist, eye specialist, or refractionist, or any other designation of like import;
(3) To employ in the examination, diagnosis or treatment of another, any means, including the use of diagnostic pharmaceutical agents and pharmaceutical agents for therapeutic use, for the measurement, improvement or development of any or all functions of human vision or the assistance of the powers of range of human vision or the determination of the accommodative or refractive status of human vision or the scope of its functions in general. The state board of optometry may, pursuant to rules adopted by it, issue a certificate to optometrists licensed in this state authorizing the optometrist to prescribe, administer and dispense such therapeutic pharmaceutical agents for the treatment of conditions of the eye and/or eyelid, as approved by the board of optometry and as identified in rules adopted by the board of optometry. Such certificate shall only be issued to an optometrist who:
(a) Has successfully passed the "treatment and management of ocular disease" section of the optometrist examination approved by the international association of boards of examiners in optometry, inc. or an equivalent examination as may be approved by the state board of optometry;
(b) Is the holder of a certificate for the use of diagnostic pharmaceutical agents issued by the state board of optometry; and
(c) Has completed such appropriate additional educational and clinical experience requirements as shall be established by the state board of optometry pursuant to section 54-1509, Idaho Code;
(4) To remove superficial foreign bodies and to diagnose and treat superficial conditions of the eye and eyelid. The practice of optometry shall not include the use of therapeutic lasers;
(5) To sell or offer for sale, otherwise than on prescription, any lens with spherical, prismatic or cylindrical power, including plano or cosmetic contact lenses;
(6) To prescribe or adapt lenses, including contact lenses, exercises, orthoptics, vision therapy or other physical means to correct defects or adjust human vision to the conditions of a special occupation; or
(7) To do or offer to do any of the foregoing with intent of receiving therefor, either directly or indirectly, any fee, gift, remuneration or compensation whatsoever.
[54-1501, added 1972, ch. 91, sec. 2, p. 179; am. 1981, ch. 73, sec. 1, p. 105; am. 1987, ch. 210, sec. 1, p. 443; am. 1989, ch. 33, sec. 1, p. 38; am. 1990, ch. 299, sec. 1, p. 826; am. 1993, ch. 110, sec. 1, p. 280; am. 1997, ch. 300, sec. 1, p. 891; am. 2009, ch. 118, sec. 1, p. 376.]
(1) It is unlawful for any person to practice optometry unless he shall obtain a license to do so as provided in this chapter.
(2) Any person who shall practice or attempt to practice optometry, as defined in this chapter, without having at the time of so doing a valid license to practice optometry issued by the state board of optometry shall be deemed guilty of a misdemeanor. Any person licensed under another chapter of Idaho Code to perform these functions shall be exempt from the provisions of this chapter. An optician lawfully practicing opticianry within the state of Idaho is not in violation of the provisions of this chapter.
(3) It is a misdemeanor for an optometrist to knowingly aid or abet any person or entity to practice optometry if such person or entity is not authorized by Idaho Code to practice according to the provisions of this chapter.
[54-1502, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 120, p. 138; am. 1997, ch. 300, sec. 2, p. 892; am. 2009, ch. 118, sec. 2, p. 377.]
(1) Each violation of the provisions of section 54-1502, Idaho Code, shall, upon conviction, result in a fine in an amount not to exceed one thousand dollars ($1,000), or imprisonment in the county jail for not less than thirty (30) days but not more than ninety (90) days, or by both such fine and imprisonment.
(2) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-1502A, added 2009, ch. 118, sec. 3, p. 378; am. 2018, ch. 348, sec. 6, p. 803; am. 2026, ch. 221, sec. 89, p. 971.]
(1) There is hereby established in the division of occupational and professional licenses a state board of optometry composed of five (5) members who shall be appointed by the governor. The governor may consider recommendations for appointment to the board from any optometric association or any individual residing in this state. Members will serve staggered terms of five (5) years each after the effective date of this act unless otherwise provided in this chapter. A vacancy in membership on the board shall occur when the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy because of the expiration of a regular term shall be filled by the governor by appointment of a member for a five (5) year term. Appointments to fill a vacancy occurring for some reason other than expiration of a term of office shall be made for the unexpired term which is being filled. The members of the board shall serve at the pleasure of the governor.
(2) Four (4) members of the state board of optometry shall be licensed optometrists in the state of Idaho and shall be residents of and lawfully practicing optometry within the state of Idaho for a period of not less than five (5) years immediately preceding their appointment. One (1) member shall be a member of the public with an interest in the rights of consumers of optometric services.
[54-1503, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 121, p. 138; am. 2000, ch. 469, sec. 124, p. 1585; am. 2009, ch. 118, sec. 4, p. 378; am. 2011, ch. 307, sec. 1, p. 875; am. 2016, ch. 340, sec. 18, p. 941; am. 2021, ch. 222, sec. 13, p. 629.]
(1) All fees of any kind collected under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
(2) The annual fee for renewal of a license shall be established by board rule, not to exceed one hundred seventy-five dollars ($175).
[54-1506, aded 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 123, p. 138; am. 1986, ch. 109, sec. 1, p. 299; am. 1994, ch. 180, sec. 99, p. 491; am. 1999, ch. 151, sec. 1, p. 423; am. 2006, ch. 54, sec. 1, p. 164; am. 2022, ch. 94, sec. 21, p. 297.]
(1) The board of optometry shall meet on or before September 15 of each year and select from its members a chairman and a secretary who shall serve at the pleasure of the board. The secretary shall keep the minutes of the meetings of the board, maintain the files and records of the board, maintain a roster of all persons licensed as optometrists under this act and, on or before October 1 of each year, forward to the division of occupational and professional licenses a certified list of those persons who have paid the fees required by this act.
(2) The board of optometry may meet at stated times and places and shall meet upon the call of its chairman or upon written request of a majority of its members. Three (3) members shall constitute a quorum, and a majority of the members present at a meeting at which a quorum is present shall determine the action of the board. Each member of the board shall be notified of any meeting called for any purpose.
(3) Out of the moneys appropriated to the division from fees paid under section 54-1506(2), Idaho Code, or otherwise appropriated from fees paid under section 54-1506(2), Idaho Code, and deposited in the occupational licenses fund established by section 67-2608, Idaho Code, the members of the board of optometry shall be compensated as provided by section 59-509(n), Idaho Code.
[54-1508, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 125, p. 138; am. 1976, ch. 166, sec. 13, p. 606; am. 1980, ch. 247, sec. 61, p. 625; am. 1986, ch. 109, sec. 3, p. 300; am. 2006, ch. 54, sec. 3, p. 165; am. 2010, ch. 65, sec. 1, p. 114; am. 2021, ch. 224, sec. 43, p. 674; am. 2022, ch. 94, sec. 22, p. 297.]
In order to protect the public in the practice of optometry, better enable members of the public to fix professional responsibility and further safeguard the doctor-patient relationship, the state board of optometry shall have the following powers and duties:
(1) To make and prescribe rules for a fair and wholly impartial method of examination of candidates to practice optometry.
(2) To make and prescribe rules defining for the optometrists what shall constitute a school, college or university or department of a university or other institution reputable and in good standing and to determine the reputability and good standing of a school, college or university or department of a university or other institution by reference to a compliance with such rules.
(3) To make and prescribe rules to establish a standard of preliminary education deemed requisite to admission to a school, college or university and to require satisfactory proof of the enforcement of such standards by schools, colleges and universities.
(4) To make and prescribe rules governing the relicensing of persons applying for a license to practice optometry in the state of Idaho after a failure to maintain a license for a period in excess of five (5) years.
(5) To establish by rule the qualifications necessary to grant a license to practice optometry in Idaho by endorsement to persons licensed in other states or foreign countries.
(6) To conduct examinations to ascertain the qualifications and fitness of applicants to practice optometry or to recognize by rule a national testing agency for the administration and grading of such test.
(7) To make and prescribe rules governing the minimum amount and kind of continuing education in optometry to be required annually of each optometrist seeking to renew his license to practice optometry in the state of Idaho.
(8) To make, prescribe and promulgate rules prescribing a code of ethics and standards of professional conduct in practice for the purpose of regulating and governing the practice of optometry by licensed optometrists within the state of Idaho and to change and modify its rules or prescribe new rules in order to improve the practice of optometry for the benefit of the people of the state of Idaho.
(9) To make, prescribe and promulgate rules regarding the establishment of "branch offices" in the state of Idaho by persons licensed to practice optometry.
(10) To make, prescribe and promulgate rules regarding advertising by optometrists licensed to practice in Idaho.
(11) To make, prescribe and promulgate rules defining "gross incompetence" as grounds for suspension or revocation of an optometrist’s license as provided in section 54-1510, Idaho Code.
(12) To make, prescribe and promulgate rules governing the verification by an optometrist of the accuracy in compounding and the quality of the workmanship and materials used by any person, firm or corporation in the course of filling or compounding the optometrist’s prescriptions for vision aids of any type prior to delivery by the optometrist.
(13) To make, prescribe and promulgate rules governing the issuance and release of prescriptions or copies of prescriptions by optometrists out of the office of the optometrist.
(14) To make, prescribe and promulgate rules governing the type and kind of records to be kept by each optometrist pertaining to all patients examined or for whom he has adapted optical accessories.
(15) To make, prescribe and promulgate such other rules required by this chapter or necessary or desirable for its enforcement and administration.
[54-1509, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 126, p. 138; am. 1986, ch. 109, sec. 4, p. 301; am. 1989, ch. 33, sec. 1, p. 38; am. 1999, ch. 151, sec. 2, p. 423; am. 2009, ch. 118, sec. 6, p. 379; am. 2022, ch. 94, sec. 23, p. 297; am. 2026, ch. 221, sec. 8, p. 935.]
Every license issued under the provisions of this chapter shall be subject to suspension, revocation or other discipline upon any of the following grounds pursuant to the procedures set forth in chapter 52, title 67, Idaho Code. All hearings conducted pursuant to this section, whether before the board or a hearing officer, shall be held in Ada county unless otherwise designated by the board.
(1) Fraud or deception in procuring license.
(2) Practicing optometry under a false or assumed name or as a representative or agent of any person, firm or corporation other than another licensed optometrist, a physician licensed to practice medicine and surgery under chapter 18, title 54, Idaho Code, or a professional entity that has been incorporated under the authority of part 9, chapter 21, title 30, Idaho Code, by persons licensed to practice optometry under chapter 15, title 54, Idaho Code, or licensed to practice medicine and surgery under chapter 18, title 54, Idaho Code.
(3) Having been convicted or having received a withheld judgment or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or any act related to the qualifications, functions or duties of an optometrist.
(4) Gross incompetency.
(5) Inability to practice optometry with reasonable skill and safety by reason of:
(a) Mental illness;
(b) Physical illness including, but not limited to, physical deterioration which adversely affects cognitive, motor or perceptive skills;
(c) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substances which impair ability; or
(d) Having a communicable, contagious or infectious disease which endangers the health of patients.
(6) Failure to pay to the board or the division of occupational and professional licenses the annual fee and to secure a renewal license, whereupon after twenty (20) days’ notice by registered mail the license of such delinquent may be revoked; but the payment of such fee at or before the time of hearing, with such additional sum, not exceeding twenty-five dollars ($25.00) as may be fixed by the board of optometry, shall excuse the default.
(7) Any practice or behavior of a character likely to deceive or defraud the public.
(8) Obtaining of any fee or compensation by fraud, deceit or misrepresentation.
(9) Employing, either directly or indirectly, any suspended or unlicensed optometrist to do optometric work.
(10) Advertising the practice of optometry in a false, misleading or deceptive manner.
(11) Employment or use of what are known as "cappers" or "steerers."
(12) Consistently accepting referrals that violate the laws of the state of Idaho.
(13) For willfully permitting or allowing or causing a person who is not a licensed optometrist or a licensed physician or surgeon to use the optometrist’s prescription or optometric finding to fit contact lenses upon a person or member of the public.
(14) For violation of any of the provisions of this chapter or the rules or code of ethics made and promulgated by the state board of optometry, as authorized in section 54-1509, Idaho Code.
(15) For willfully attempting to violate, directly or indirectly, conspiring to violate, or assisting or participating in or abetting the violation of any of the provisions of this chapter or the rules or code of ethics made, prescribed or promulgated by the state board of optometry pursuant to the authority granted in this chapter.
(16) Having engaged in any conduct which constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the licensee by the patient.
(17) Having committed any act that constitutes a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
[54-1510, added 1972, ch. 91, sec. 2, p. 179; am. 1973, ch. 286, sec. 1, p. 609; am. 1974, ch. 13, sec. 127, p. 138; am. 1989, ch. 33, sec. 2. p. 40; am. 1993, ch. 216, sec. 64, p. 647; am. 2009, ch. 118, sec. 7, p. 380; am. 2015, ch. 251, sec. 7, p. 1049; am. 2020, ch. 175, sec. 21, p. 524; am. 2022, ch. 94, sec. 24, p. 299.]
(1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license, or renewing a license under the provisions of this chapter, the board of optometry may impose one (1) or more of the following penalties:
(a) Suspension of the offender’s license for a term to be determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of optometry in a particular manner for a term to be determined by the board;
(d) Refusal to renew offender’s license;
(e) Placement of the offender on probation and supervision by the board for a period of time and under terms and conditions to be determined by the board;
(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) plus costs of prosecution and reasonable attorney’s fees; or
(g) Written letters of censure or reprimand which shall become a permanent record in the files of the licensee.
(2) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding a license, seeking a license, or renewing a license under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
(3) Any person whose license to practice optometry in this state has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.
(4) Nothing herein shall be construed as barring criminal prosecutions for violations of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(5) All final decisions by the board shall be subject to judicial review pursuant to the provisions of the administrative procedure act.
[54-1512, added 1989, ch. 33, sec. 5, p. 43; am. 2018, ch. 348, sec. 7, p. 803.]
It shall be the duty of the prosecuting attorney of each county to prosecute all violations of this chapter constituting a violation of criminal law and it shall be the duty of the attorney general of the state of Idaho to prosecute any actions brought under the provisions of section 54-1524, Idaho Code, if requested by the state board of optometry.
[54-1513, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 130, p. 138; am. 1993, ch. 216, sec. 66, p. 649.]
The division of occupational and professional licenses shall each year make available the names and addresses of all licensed optometrists of the state of Idaho and the laws applicable to the practice of optometry.
[54-1514, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 131, p. 138; am. 2009, ch. 118, sec. 8, p. 381; am. 2022, ch. 94, sec. 25, p. 300.]
A license to practice optometry, as provided in this chapter, is not required for the following practices:
Practice by persons authorized under the laws of this state to practice medicine and surgery.
The sale of eyeglasses or spectacles in or from a store, shop, or other permanently established place of business on prescription from persons authorized under the laws of this state to practice either optometry or medicine and surgery, by persons, firms and corporations who neither practice nor attempt to practice optometry.
The sale of ready-to-wear glasses equipped with convex spherical lenses, or sunglasses equipped with plano lenses, or industrial glasses or goggles with plano lenses used for industrial or agricultural eye protection, when the same are sold as merchandise and where the selection of the glasses is at the discretion of the purchaser, by persons, firms and corporations who neither practice nor attempt to practice optometry nor use in the testing of the eye therefor lenses other than the lenses actually sold, and who neither give nor offer spectacles or eyeglasses as premiums.
[54-1515, added 1972, ch. 91, sec. 2, p. 179.]
It is not the intent of this chapter to prevent any nurse, school teacher or welfare worker, employed in public service, from ascertaining the probable need of visual services, provided such person does not attempt to diagnose or prescribe or to recommend any particular practitioner or system of practice.
[54-1516, added 1972, ch. 91, sec. 2, p. 179.]
It shall be unlawful for any person other than a licensed optometrist or physician to accept or offer to accept for purpose of duplication any ophthalmic lens or prism ordinarily used before the human eye for corrective purposes, or for assisting vision; provided, however, that any manufacturing, dispensing or surfacing optician is hereby permitted to grind or supply, dispense, replace or duplicate any such lens in conformity with the prescription or instruction of any optometrist or physician duly licensed to practice within the state of Idaho. Contact lenses may be sold or dispensed in a retail or wholesale outlet or other permanently established place of business with an optical department only when the prescription specifically states on its face that it is intended for contact lenses and includes the type and specifications of the contact lens being prescribed.
[54-1517, added 1972, ch. 91, sec. 2, p. 179; am. 1985, ch. 67, sec. 1, p. 138.]
The division of occupational and professional licenses shall have the following powers and duties:
(1) To accept applications for examinations and issue licenses to optometrists pursuant to requirements of this chapter.
(2) To maintain a registry of persons licensed to practice optometry in the state of Idaho available to the members of the general public and all applicants and rejected applicants for licenses.
(3) To forward complaints against a licensed optometrist to the state board of optometry for review and investigation.
(4) To assist in the investigation and prosecution of complaints filed against an optometrist under section 54-1510, Idaho Code.
(5) At the discretion of the division administrator and upon apparent failure or refusal of the state board of optometry to investigate or prosecute a complaint against an optometrist, to investigate the complaint and forward the report of investigation to the state board of optometry, and upon apparent failure or refusal of the state board of optometry to take further action to initiate proceedings under section 54-1510, Idaho Code, against an optometrist violating the terms of this act.
[54-1518, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 132, p. 138; am. 1993, ch. 216, sec. 67, p. 649; am. 2022, ch. 94, sec. 26, p. 300.]
Any person who shall desire to begin the practice of optometry in the state of Idaho shall file an application in his own handwriting on forms furnished by the board for an examination, which application shall state among other things, his correct name, age, place of residence, the name and location of the school or schools attended by the applicant, and date of such attendance, and whether the applicant is graduated from such school, and the place and with whom he has served as an intern and the exact length of time and nature of such internship. Such applications must be signed by the applicant under oath.
[54-1519, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 133, p. 138.]
(1) Every applicant for a license to practice optometry shall:
(a) Not have been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Be more than twenty-one (21) years of age;
(c) Present certified evidence of graduation from an accredited college or university of optometry that meets the requirements in rules of the board;
(d) Pass an examination as provided in rules of the board; and
(e) Be certified to use therapeutic pharmaceutical agents as provided in section 54-1501(3), Idaho Code, and in rules of the board.
(2) An applicant meeting the qualifications required in this chapter shall be issued a license to practice optometry in this state.
[54-1520, added 1972, ch. 91, sec. 2, p. 179; am. 2017, ch. 230, sec. 1, p. 557; am. 2022, ch. 246, sec. 13, p. 797.]
Except as herein otherwise provided, each applicant shall be examined to determine his knowledge of the subjects essential to the practice of optometry. Examinations shall be written and practical, and shall include the required subjects enumerated in the rules and regulations of the state board of optometry.
[54-1521, added 1972, ch. 91, sec. 2, p. 179.]
(1) License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) Effective January 1, 2021, every holder of a license to practice optometry must be certified to use therapeutic pharmaceutical agents as provided in section 54-1501(3), Idaho Code, and in rules of the board.
(3) Any license under this chapter issued to a licensee who has not met the qualifications and been certified to use therapeutic pharmaceutical agents pursuant to section 54-1501(3), Idaho Code, shall expire on December 31, 2020, and shall not be subject to renewal or reinstatement; provided however, that licensees who received their license prior to 1990 shall be excused from the provisions of this subsection, and their licenses shall be accorded grandfather rights.
[54-1522, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 134, p. 138; am. 1998, ch. 252, sec. 1, p. 822; am. 2003, ch. 21, sec. 9, p. 82; am. 2016, ch. 116, sec. 1, p. 329; am. 2017, ch. 230, sec. 2, p. 557.]
Each applicant for examination or reexamination after failure in a former examination shall remit a fee as established by board regulation not to exceed two hundred fifty dollars ($250) with each application to the board.
[54-1523, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 135, p. 138; am. 1980, ch. 94, sec. 1, p. 204.]
The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation or partnership from persisting in the doing of any acts constituting a violation of this chapter. Such action shall be brought in the district court of the county in which said act or acts or some of them are claimed to have been or are being committed, by filing a complaint setting forth said acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of said act or acts by the defendant be established, and the court further finds that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from thereafter committing said or similar acts.
[54-1524, added 1972, ch. 91, sec. 2, p. 179; am. 1974, ch. 13, sec. 136, p. 138.]
It shall be unlawful for any person engaged in the business of manufacturing, selling or dispensing any ophthalmic materials, in any manner to influence or attempt to influence any patron in the choice of an optometrist or physician for the purpose of examining, treating, dispensing or prescribing any ophthalmic materials for such patron, and it shall be unlawful for any such person in any manner to suggest or imply to any such patron that such patron consult with or be examined or treated by or procure a prescription for ophthalmic materials from any specific optometrist or physician, or one or more of several specific optometrists or physicians; provided, that any such person may show or supply to any such patron a typed or printed list containing the names and addresses of all physicians in the community covered by such list who specialize in whole or in part in the care of the eyes and containing also the names and addresses of all optometrists in such community; provided, however, that such list shall not be prepared or marked so as to draw unnecessary attention to one or more of the names thereon; and provided, further, that such list shall segregate and designate separately those practitioners licensed in this state to practice medicine and surgery and those licensed therein to practice optometry. The word "person," as used in this section, shall include any person, firm, corporation or association, and any employee or agent of any of the foregoing. The word "patron," as used in this section, shall include prospective as well as actual patrons or customers, and shall include also those acting for or on behalf of any such patron or prospective patron. The words "ophthalmic materials," as used in this section, shall include spectacles, eyeglasses, lenses, prisms, contact lenses, frames and mountings, and any other optical appliances or devices for visual correction.
[54-1525, added 1972, ch. 91, sec. 2, p. 179.]
This chapter shall be known and may be cited as the "Idaho Board of Long-Term Care Administrators Act."
[54-1601, added 2025, ch. 98, sec. 3, p. 531.]
As used in this chapter:
(1) "Administrator designee" means a qualified individual filling a vacant nursing home administrator position pursuant to a signed agreement.
(2) "Board" means the Idaho board of long-term care administrators, including both nursing home and residential care facility administrators.
(3) "Hearing officer" means a person appointed by the board to hear a contested case.
(4) "Long-term care administrator" means any individual that qualifies as a nursing home administrator or residential care facility administrator.
(5) "Long-term care facility" means any nursing home or residential care facility.
(6) "Nursing home" means a facility whose design and function shall provide area, space, and equipment to meet the health needs of two (2) or more individuals who, at a minimum, require inpatient care and services for twenty-four (24) or more consecutive hours for unstable chronic health problems requiring daily professional nursing supervision and licensed nursing care on a twenty-four (24) hour basis, restorative, rehabilitative care, and assistance in meeting daily living needs. Medical supervision is necessary on a regular, but not daily, basis.
(7) "Nursing home administrator" means any individual responsible for planning, organizing, directing, and controlling nursing home operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.
(8) "Nursing home administrator-in-training" means an individual registered as such under the provisions of this chapter.
(9) "Practice of nursing home administration" means the planning, organizing, directing, and control of nursing home operations.
(10) "Practice of residential care facility administration" means the planning, organizing, directing, and control of residential care facility operations.
(11) "Provisional permit" means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter.
(12) "Provisional residential care facility administrator" means an individual who has been issued a permit as such under the provisions of this chapter.
(13) "Residential care facility" means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals, and lodging to three (3) or more elderly, developmentally disabled, physically disabled or mentally ill adults not related to the owner.
(14) "Residential care facility administrator" means any individual responsible for planning, organizing, directing, and controlling residential care facility operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.
[54-1602, added 2025, ch. 98, sec. 3, p. 531.]
(1) No nursing home or residential care facility shall be operated in Idaho unless it is under the supervision of:
(a) An administrator who holds licensure that is current and valid;
(b) A person who is an authorized administrator designee; or
(c) A person who holds a provisional permit issued to a residential care facility administrator pursuant to this chapter.
(2) No person shall practice or offer to practice long-term care administration in this state or use any title, sign, card, or device to indicate that the person is a long-term care administrator unless such person:
(a) Is duly licensed;
(b) Has a current provisional permit; or
(c) Is an administrator designee.
(3) In the event of a vacancy in a nursing home administrator position, a nursing home may operate under a responsible person authorized by a signed agreement to act as an administrator designee. The administrator designee shall be qualified by documented experience to assume delegated duties and shall not act for more than eight (8) continuous weeks unless an exception is granted by the board.
(4) Any individual acting as an administrator designee shall enter into a written agreement with an Idaho-licensed administrator. Such agreement shall be submitted to the board.
[54-1603, added 2025, ch. 98, sec. 3, p. 532.]
(1) There is hereby established in the division of occupational and professional licenses the Idaho board of long-term care administrators.
(2) The board shall oversee both nursing home and residential care facility administrators.
(3) The board shall consist of five (5) members and shall be composed of one (1) duly licensed nursing home administrator, one (1) duly licensed residential care facility administrator, one (1) member from any other profession, agency, or institution concerned with the care of individuals who are chronically ill or infirm or individuals requiring assistance with daily activities, one (1) licensed nurse from the nursing profession, and one (1) member representative of the public at large. No more than two (2) members of the board shall be officials or full-time employees of state or local governments, except that they may be administrators of publicly owned nursing homes.
(4) The term of office for each member of the board shall be four (4) years, and all board members shall serve at the pleasure of the governor.
(5) Appointments to the board shall be made by the governor, who may consider recommendations for appointment from any organized and generally recognized group concerned with long-term care administration and from any individual residing in this state.
(6) Members of the board shall hold office until the expiration of the term to which the member was appointed and until a successor has been duly appointed.
(7) Members of the board shall be compensated as provided by section 59-509(p), Idaho Code.
(8) The board shall elect annually from its membership a chair and vice chair. The board shall hold one (1) or more meetings each year. A majority of the board membership shall constitute a quorum.
(9) The board shall exercise its powers and perform its duties and functions as specified by this chapter.
(10) The board may, by written agreement, authorize the division of occupational and professional licenses to act in its interest.
[54-1604, added 2025, ch. 98, sec. 3, p. 533.]
(1) It shall be the function and duty of the board to:
(a) Develop, impose, and enforce standards for receiving and retaining a license or permit as a long-term care administrator. Such standards shall be designed to ensure that long-term care administrators are of good character, suitably qualified through training or experience, and capable of performing their duties in the field of long-term care administration;
(b) Determine whether an individual meets the standards for receiving and retaining a license or permit as a long-term care administrator and to develop and apply appropriate techniques, including examinations and investigations, for making such determinations;
(c) Revoke or suspend licenses and permits based on violation of standards, misconduct, or failure to meet ongoing qualification requirements;
(d) Issue provisional permits to individuals who meet certain criteria set forth by the board. Such provisional permits shall allow individuals who receive them to practice as a residential care facility administrator on a provisional basis;
(e) Establish and carry out procedures to ensure that licensed long-term care administrators comply with the established standards;
(f) Ensure that all individuals with provisional permits comply with all applicable standards and regulations during their permit period; and
(g) Receive, investigate, and take appropriate action on any charges or complaints regarding a licensed long-term care administrator’s failure to comply with standards.
(2) The board shall establish by rule a fee schedule for applications, licenses, provisional permits, renewals, and endorsements of a license issued by another state, not to exceed four hundred dollars ($400).
(3) The board, any committee or member thereof, and any designated hearing officer shall have powers and duties as provided by law. They shall not be bound by strict rules of evidence in proceedings, but determinations shall be based on sufficient legal evidence.
(4) The board has the authority to make rules, subject to approval by the legislature, for the proper performance of its duties and the authority to adopt a code of ethics for long-term care administrators.
(5) The board shall take actions necessary to enable the state to meet federal requirements, including those set forth in section 1908 of the social security act and related federal regulations.
(6) The board may collect from the state association representing nursing homes in Idaho an amount necessary to reimburse the board for expenses related to prelitigation hearing panels conducted pursuant to chapter 23, title 6, Idaho Code. These funds shall be deposited into the occupational licenses fund.
[54-1605, added 2025, ch. 98, sec. 3, p. 533.]
(1) The board shall approve for the licensing examination any long-term care administrator candidate who:
(a) Submits the required application and pays a fee as determined by the board;
(b) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(c) Meets the specific age, education, and experience requirements for the type of care facility as outlined in subsections (2) and (3) of this section.
(2)(a) For residential care facility administrators, the candidate must:
(i) Be at least twenty-one (21) years of age;
(ii) Submit evidence of successfully completing specialized courses or a program of study in residential care facility administration as approved by the board; and
(iii) Meet one (1) of the following combinations of education and experience:
A high school diploma or equivalent, including proof of graduation from a nonpublic school, and eight hundred (800) hours of on-site experience in a residential care facility under the supervision of a licensed administrator;
An associate degree from an accredited college or university and four hundred (400) hours of on-site experience in a residential care facility under the supervision of a licensed administrator; or
A bachelor’s degree from an accredited college or university and two hundred (200) hours of on-site experience in a residential care facility under the supervision of a licensed administrator.
(b) Alternatively, a candidate who does not meet the education and experience requirements may submit evidence of satisfactory practical experience obtained in residential care facility administration or in a medical or health care facility as approved by the board.
(3)(a) For nursing home administrators, the candidate must:
(i) Be at least eighteen (18) years of age;
(ii) Hold a baccalaureate degree from an accredited institution of higher learning or its equivalent; and
(iii) Complete an administrator-in-training program as described in section 54-1612, Idaho Code.
(b) Alternatively, a candidate who does not meet the educational requirements may submit evidence of obtaining two (2) years of satisfactory practical experience in management in a nursing home for each year of required post-high school education.
[54-1606, added 2025, ch. 98, sec. 3, p. 534; am. 2026, ch. 135, sec. 5, p. 635.]
(1) The board shall determine the subjects of examination for applicants for licensure as long-term care administrators.
(2) The scope, content, and format of such examination shall be the same for all candidates within each category of licensure. The examination shall include an assessment of the applicant’s proficiency in the practice of long-term care administration and knowledge of applicable rules of health and safety within the state.
[54-1607, added 2025, ch. 98, sec. 3, p. 535.]
Nursing home administrator applicants who meet the requirements of section 54-1606, Idaho Code, and, if applicable, section 54-1611, Idaho Code, and who pass the examination provided for in section 54-1607, Idaho Code, shall be issued a license by the board.
[54-1608, added 2025, ch. 98, sec. 3, p. 535.]
(1) Nothing in this chapter or the rules established pursuant to this chapter shall be construed to require an applicant for a long-term care administrator license to demonstrate proficiency in medical techniques or to meet medical standards that are inconsistent with the care and treatment practices of any such institution.
(2) Nothing in this chapter or the rules established pursuant to this chapter shall be construed to require a person who is certified as belonging to a recognized church or religious denomination that relies solely on spiritual means for healing to meet medical standards that are inconsistent with the care and treatment practices of any such institution.
(3) If the board finds that the existing training and instructional programs within the state are insufficient for nursing home administrators to meet the established requirements, it shall initiate and conduct, or arrange for others to conduct, one (1) or more such programs. Such programs must be made accessible to appropriate state residents. The board may also approve programs conducted both within and outside the state to meet the educational and training requirements. For purposes of this subsection, the board is authorized to receive and disburse federal funds for these programs under the social security act.
[54-1609, added 2025, ch. 98, sec. 3, p. 535.]
(1) Every licensed long-term care administrator shall apply for license renewal biennially, reporting required information on forms provided by the board.
(2) Applicants for license renewal shall submit evidence of completing a continuing education program or course of study as required by board rules.
(3) The board shall issue a license renewal upon receipt of the renewal application, fee, and evidence of continuing education.
(4) Licensed long-term care administrators who fail to comply with these requirements and continue to act as administrators are subject to disciplinary action by the board.
(5) License renewal and reinstatement for long-term care administrators shall follow the procedures as described in section 67-2614, Idaho Code, including timelines, fee schedules, and requirements for maintaining current information with the division of occupational and professional licenses.
[54-1610, added 2025, ch. 98, sec. 3, p. 535.]
The board, in its discretion and subject to the provisions and rules of this chapter, may endorse a long-term care administrator license or registration issued by the proper authorities of any other state upon payment of a fee and submission of evidence meeting the qualifications established by the board.
[54-1611, added 2025, ch. 98, sec. 3, p. 536.]
(1) Every applicant for a nursing home administrator license who shall have otherwise qualified under the provisions of section 54-1606, Idaho Code, except as provided for in this section, shall serve for one thousand (1,000) hours under the direct supervision of a duly licensed nursing home administrator in accordance with the rules of the board. Upon completion of the one thousand (1,000) hour training period, the applicant shall be eligible to take the nursing home administrator examination. An administrator-in-training program shall not exceed a period of two (2) years, except as approved by the board for good cause.
(2) The nursing home administrator-in-training shall submit reports on forms provided by the board.
(3) This section shall not apply to individuals with:
(a) A master’s degree in health care administration related to long-term care from an accredited institution; or
(b) A master’s degree from an accredited institution that includes an emphasis on health care and one (1) year of management experience in an inpatient health care facility.
(4) Nursing home administrators-in-training shall register the fact of such training with the board in accordance with the rules and on forms provided by the board.
(5) An applicant may begin the one thousand (1,000) hour training period as a nursing home administrator-in-training prior to completion of a baccalaureate degree.
[54-1612, added 2025, ch. 98, sec. 3, p. 536.]
(1) The board may issue a residential care facility administrator provisional permit, not exceeding three (3) months, to an applicant pending license issuance if the applicant files a written application and meets the requirements of section 54-1606(2)(a), Idaho Code, and is applying to fill a vacancy on an emergency basis.
(2) Any individual holding a valid Idaho nursing home administrator license in good standing may meet the requirements for a residential care facility administrator license and be issued one upon application and payment of appropriate fees.
[54-1613, added 2025, ch. 98, sec. 3, p. 536.]
(1) It shall be a misdemeanor for any person to:
(a) Sell or fraudulently obtain or furnish any license or aid or abet such actions;
(b) Practice as a long-term care administrator under cover of any license or permit illegally or fraudulently obtained or unlawfully issued;
(c) Practice as a long-term care administrator or use in connection with the person’s name any designation tending to imply that the person is a long-term care administrator unless duly licensed under the provisions of this chapter;
(d) Practice as a long-term care administrator during the time the person’s license or permit issued under the provisions of this chapter is suspended or revoked; or
(e) Otherwise violate any of the provisions of this chapter.
(2) A misdemeanor under this section shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.
[54-1614, added 2025, ch. 98, sec. 3, p. 536.]
(1) The board may revoke, suspend, refuse to renew, or refuse to issue any license or permit issued under the provisions of this chapter or may reprimand, censure, or otherwise discipline the holder of a license or permit in the following cases, after due hearing:
(a) Upon proof that the licensee is reasonably unfit to operate a long-term care facility;
(b) Upon proof of the willful or repeated violation of any provisions of this chapter or the rules enacted in accordance with it, or of willful or repeated actions inconsistent with the health and safety of patients;
(c) Upon proof that the licensee has committed fraud or deceit in the practice of long-term care administration or related activities, or in the licensee’s admission to such practice;
(d) Upon proof that the licensee has permitted the unauthorized disclosure of information relating to a resident in the long-term care facility under the administration of the licensee;
(e) Upon conviction of, pleading guilty or nolo contendere to, or receiving a withheld judgment of a felony or any crime involving dishonesty or the health or safety of a person; or
(f) Upon proof that the administrator had a license to practice a health care profession or occupation in another state or jurisdiction and such license was suspended or revoked or that the administrator has otherwise been disciplined.
(2) The board or a designated hearing officer shall have jurisdiction to hear all charges brought under this section against long-term care administrators. The board shall make a determination on such charges based on their merits and may impose disciplinary actions as deemed appropriate.
(3) Proceedings shall be initiated by filing charges with the board in writing and under oath. The board may also initiate charges on its own motion following an investigation. The procedures for notification and hearings, unless dismissed by the board as unfounded or trivial, shall be conducted pursuant to the provisions of chapter 52, title 67, Idaho Code.
[54-1615, added 2025, ch. 98, sec. 3, p. 537.]
The board may, in its discretion, reissue a license or permit to any person whose license or permit has been revoked.
[54-1616, added 2025, ch. 98, sec. 3, p. 537.]
Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[54-1617, added 2025, ch. 98, sec. 3, p. 537.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-1618, added 2025, ch. 98, sec. 3, p. 537.]
This chapter shall be known as the "Idaho Pharmacy Act."
[54-1701, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 2, p. 52.]
The practice of pharmacy in the state of Idaho is declared a professional practice affecting the health, safety and welfare of the public and is subject to regulation and control in the public interest. Only qualified persons shall be permitted to engage in the practice of pharmacy in or into the state of Idaho.
[54-1702, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 3, p. 52; am. 2025, ch. 93, sec. 1, p. 411.]
It is the purpose of this act to promote, preserve and protect the health, safety and welfare of the public by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and distribution of drugs, medications, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease.
[54-1703, added 1979, ch. 131, sec. 3, p. 404.]
In this chapter:
(1) "Accredited school or college of pharmacy" means a school or college that meets the minimum standards of the accreditation council for pharmacy education and appears on its list of accredited schools or colleges of pharmacy.
(2) "Board of pharmacy" or "board" means the Idaho state board of pharmacy.
(3) "Certificate" means a license or registration issued by the board unless specifically stated.
(4) "Chain pharmacy warehouse" means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership and control.
(5) "Colicensed partner or product" means an instance where two (2) or more parties have the right to engage in the manufacturing or marketing of a prescription drug, consistent with the federal food and drug administration’s implementation of the prescription drug marketing act.
(6) "Collaborative pharmacy practice" means a pharmacy practice where one (1) or more pharmacists or pharmacies jointly agree to work under a protocol authorized by one (1) or more prescribers to provide patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist under specified conditions.
(7) "Compounding" means the practice in which a pharmacist, a prescriber, or, in the case of an outsourcing facility, a person under the supervision of a pharmacist combines, mixes or alters ingredients of a drug to create a medication tailored to the needs of an individual patient.
(8) "Counseling" or "counsel" means the effective communication by the pharmacist of information, as set out in this chapter, to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices.
(9) "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration.
(10) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar related article, including any component part or accessory that is:
(a) Recognized in the official United States Pharmacopoeia or official National Formulary, other drug compendia or any supplement to them;
(b) Intended for use in the diagnosis of disease or other conditions or the cure, mitigation, treatment or prevention of disease in man or other animal;
(c) Intended to affect the structure or any function of the body of man or other animal, does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and is not dependent upon being metabolized for the achievement of any of its principal intended purposes.
(11) "Dispense" or "dispensing" means the preparation and delivery of a drug pursuant to a lawful prescription drug order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription.
(12) "Distribute" means the delivery of a drug other than by administering or dispensing.
(13) "Distributor" means a supplier of drugs manufactured, produced, or prepared by others to persons other than the ultimate consumer.
(14) "Donation repository" means:
(a) A community health center;
(b) A free medical clinic as defined in section 39-7702, Idaho Code;
(c) A designated regional behavioral health center as described in chapter 31, title 39, Idaho Code;
(d) A state charitable institution as described in chapter 1, title 66, Idaho Code; or
(e) A drug outlet as defined in this section.
(15) "Drug" means:
(a) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendia or any supplement to any of them;
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animal;
(c) Articles, other than food, intended to affect the structure or any function of the body of man or other animal; and
(d) Articles intended for use as a component of any articles specified in paragraph (a), (b) or (c) of this subsection.
(16) "Drug enforcement administration" or "DEA" means the United States drug enforcement administration.
(17) "Drug outlet" means a resident or nonresident pharmacy, business entity or other facility subject to registration by the board, pursuant to section 54-1729, Idaho Code, where employees or personnel are engaged in the practice of pharmacy, in the provision of pharmaceutical care, or in the dispensing, delivering, distributing or manufacturing of drugs or devices in or into Idaho, including limited service outlets.
(18) "Drug therapy management" means selecting, initiating, or modifying drug treatment pursuant to a collaborative pharmacy practice agreement.
(19) "Food and drug administration" or "FDA" means the United States food and drug administration.
(20) "Hazardous drug" means any drug listed as such by the national institute for occupational safety and health or any drug identified by at least one (1) of the following criteria: carcinogenicity, teratogenicity or developmental toxicity, reproductive toxicity in humans, organ toxicity at low doses in humans or animals, genotoxicity, or new drugs that mimic existing hazardous drugs in structure or toxicity.
(21) "Institutional drug order" means a prescription drug order issued in the unique form and manner permitted for a patient or resident of an institutional facility or as permitted for other purposes as defined in rule. Unless specifically differentiated, state law applicable to a prescription drug order is also applicable to an institutional drug order.
(22) "Institutional facility" means a facility whose primary purpose is to provide a physical environment for patients to obtain health care services and in which patients spend a majority of their time, as may be further defined by board rule.
(23) "Investigational or new drug" means any drug limited by state or federal law to use under professional supervision of a practitioner authorized by law to prescribe or administer such drug.
(24) "Labeling" means the process of preparing and affixing a label to any drug container, exclusive however of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law.
(25) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for his own use or the preparation, compounding, packaging or labeling of a drug:
(a) By a pharmacist or practitioner as an incident to his administering, dispensing, or distributing of a drug in the course of his professional practice; or
(b) By a practitioner or by his authorization under his supervision for the purpose of or as an incident to research, teaching, or chemical analysis and not for sale.
(26) "Manufacturer" means a person who is licensed or approved by the federal food and drug administration to engage in the manufacture of drugs, including a colicensed partner or affiliate of that person, who compounds, cultivates, derives, harvests, mixes, or by other process produces or prepares legend drugs and includes persons who prepare such drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process, or who packages or repackages such drugs, but does not include pharmacists or practitioners in the practice of their profession.
(27) "Multistate license" means a license, registration, or other credential for the practice of pharmacy issued by the pharmacy licensing agency of a state.
(28) "Multistate licensee" means a multistate pharmacist, multistate pharmacist intern, or multistate technician.
(29) "Mutual recognition agreement" means a written agreement entered into between the board and a party state allowing for the multistate practice of pharmacy, subject to the requirements of this section and any other reasonable and supplemental contract terms negotiated by the board and the party state.
(30) "Nonprescription drugs" means medicines or drugs that may be sold without a prescription drug order and that are prepackaged for use by the consumer and labeled in accordance with state and federal law.
(31) "Nonresident" means a person or business entity located in the District of Columbia or a state or territory other than Idaho that practices pharmacy including, but not limited to, pharmaceutical care services into Idaho.
(32) "Off-site pharmacy services" means services provided by a central drug outlet or an off-site pharmacist or technician. Services may include, but are not limited to: processing a request from another pharmacy to fill, refill or dispense a prescription drug order; performance of processing functions; or providing cognitive or pharmaceutical care services. Each function may be performed by the same or different persons and at the same or different locations.
(33) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration for the treatment of drug overdose.
(34) "Outsourcing facility" means a pharmacy or facility that is registered by the federal food and drug administration pursuant to 21 U.S.C. 353b and either registered or endorsed by the board.
(35) "Party state" means any pharmacy licensing agency of a state that has entered into a mutual recognition agreement with the board.
(36) "Person" means an individual, corporation, partnership, association or any other legal entity.
(37) "Pharmaceutical care" means drug therapy and other patient care services provided by a pharmacist intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient’s symptoms, or arresting or slowing of a disease process.
(38) "Pharmacist" means an individual licensed by this state to engage in the practice of pharmacy or a pharmacist registered by this state who is located in another state, territory or the District of Columbia and is engaged in the practice of pharmacy into Idaho, unless exempted.
(39) "Pharmacist intern" means a person who :
(a) Is enrolled in and in good standing in an accredited school or college of pharmacy;
(b) Has completed a course of study at an accredited school or college of pharmacy; or
(c) Is certified by the foreign pharmacy graduate examination committee (FPGEC) and awaiting final pharmacist licensure.
(40) "Pharmacy" means any drug outlet, facility, department, or other place where prescription drug orders are filled or compounded and where prescriptions are sold, dispensed, offered, or displayed for sale and that has, as its principal purpose, the dispensing of drug and health supplies intended for the general health, welfare, and safety of the public.
(41) "Practice of pharmacy" means the safe interpretation, evaluation, compounding, administration, and dispensing of prescription drug orders, patient counseling, collaborative pharmacy practice, provision of pharmaceutical care services, proper storage of drugs and devices, and prescribing of drugs and devices.
(42) "Practitioner" means a person licensed in this state and permitted by such license to dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state.
(43) "Prepackaging" means the act of transferring a drug, manually or using an automated system, from a manufacturer’s original container to another container prior to receiving a prescription drug order.
(44) "Prescriber" means an individual currently licensed, registered or otherwise authorized to prescribe and administer drugs in the course of professional practice.
(45) "Prescriber drug outlet" means a drug outlet in which prescription drugs or devices are dispensed directly to patients under the supervision of a prescriber, except where delivery is accomplished only through on-site administration or the provision of drug samples, patient assistance program drugs, or investigational drugs as permitted in chapter 94, title 39, Idaho Code.
(46) "Prescription drug or legend drug" means a drug that under federal law is required, prior to being dispensed or delivered, to be labeled with one (1) of the following statements:
(a) "Caution: Federal law prohibits dispensing without a prescription"; or
(b) "Rx Only"; or
(c) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian";
or a drug that is required by any applicable federal or state law or rule to be dispensed on prescription drug order only or is restricted to use by practitioners only.
(47) "Prescription drug order" means a valid order of a prescriber for a drug or device for an ultimate user of the drug or device.
(48) "Primary state of residence" means the multistate licensee’s declared primary state of residence as evidenced by a valid state or federal identification card with a home address or another form of identification accepted by the board.
(49) "Qualified donor" means:
(a) Any entity that meets the definition of "donation repository" as provided in this section; or
(b) Any member of the public in accordance with section 54-1762, Idaho Code.
(50) "Reconstitution" means the process of adding a diluent to a powdered medication to prepare a solution or suspension, according to the product’s labeling or the manufacturer’s instructions.
(51) "Record" means all papers, letters, memoranda, notes, prescriptions, drug orders, invoices, statements, patient medication charts or files, computerized records or other written indicia, documents or objects that are used in any way in connection with the purchase, sale or handling of any drug or device.
(52) "Repackage" means repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug, excluding such actions when completed by the pharmacist responsible for dispensing product to the patient.
(53) "Reverse distributor" means a drug outlet that receives nonsalable prescription drugs from persons or their agents, who may lawfully possess prescription drugs without being issued a valid prescription drug order, and that processes for credit or disposes of such prescription drugs.
(54) "Sale" means every sale and includes:
(a) Manufacturing, processing, transporting, handling, packaging or any other production, preparation or repackaging;
(b) Exposure, offer, or any other proffer;
(c) Holding, storing or any other possession;
(d) Dispensing, giving, delivering or any other supplying; and
(e) Applying, administering or any other usage.
(55) "Technician" means an individual authorized by registration with the board to perform pharmacy support services under the direction of a pharmacist.
(56) "Ultimate user" means a person who lawfully possesses a drug for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.
(57) "USP" means United States pharmacopoeia.
(58) "Veterinary drug outlet" means a prescriber drug outlet that dispenses drugs or devices intended for animal patients.
(59) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but does not include:
(a) Drug returns, when conducted by a hospital, health care entity, or charitable institution in accordance with 21 CFR 203.23;
(b) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription;
(c) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier’s usual course of business of transporting prescription drugs when such common carrier does not store, warehouse, or take legal ownership of the prescription drug; or
(d) The sale or transfer from a community pharmacy or chain pharmacy warehouse of expired, damaged, mispicked, returned, or recalled prescription drugs to the original manufacturer, original wholesaler, or third-party returns processor, including a reverse distributor.
(60) "Wholesaler" means a person who, in the usual course of business, lawfully distributes drugs or devices in or into Idaho to persons other than the ultimate user.
[(54-1704) 54-1705, added 1979, ch. 131, sec. 3, p. 404; am. 1989, ch. 193, sec. 14, p. 483; am. 1992, ch. 179, sec. 2, p. 565; am. 1993, ch. 49, sec. 2, p. 126; am. 2000, ch. 103, sec. 1, p. 228; am. 2000, ch. 274, sec. 132, p. 866; am. 2002, ch. 26, sec. 1, p. 29; am. 2006, ch. 290, sec. 1, p. 888; am. 2008, ch. 51, sec. 1, p. 124; am. 2009, ch. 244, sec. 3, p. 749; am. 2011, ch. 135, sec. 2, p. 375; am. 2013, ch. 28, sec. 5, p. 53; am. 2013, ch. 270, sec. 1, p. 698; am. 2014, ch. 146, sec. 2, p. 392; am. 2015, ch. 28, sec. 1, p. 44; am. 2018, ch. 37, sec. 1, p. 77; am. 2019, ch. 161, sec. 10, p. 539; am. 2020, ch. 14, sec. 4, p. 43; am. 2021, ch. 54, sec. 2, p. 159; am. 2022, ch. 45, sec. 2, p. 124; am. 2022, ch. 178, sec. 1, p. 576; am. 2023, ch. 218, sec. 15, p. 620; am. and redesig. 2024, ch. 69, sec. 1, p. 340; am. 2025, ch. 82, sec. 104, p. 383; am. 2025, ch. 93, sec. 3, p. 412.]
To evaluate whether a specific act is within the practice of pharmacy in or into Idaho, or whether an act can be delegated to other individuals under his supervision, a licensee or registrant of the board of pharmacy shall independently determine whether:
(1) The act is expressly prohibited by:
(a) This chapter;
(b) The uniform controlled substances act, chapter 27, title 37, Idaho Code; or
(c) Any other applicable state or federal laws or regulations;
(2) The act is consistent with the individual’s education, training, and experience; and
(3) Performance of the act is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent individual with similar education, training, and experience.
[54-1705, added 2024, ch. 69, sec. 2, p. 346; am. 2025, ch. 93, sec. 4, p. 417.]
For the purposes of this chapter, any function that a pharmacist may perform may similarly be performed by an Idaho prescriber or may be delegated by an Idaho prescriber to appropriate support personnel in accordance with the prescriber’s practice act.
[54-1705A, added 2024, ch. 69, sec. 3, p. 346.]
There is hereby established in the division of occupational and professional licenses a state board of pharmacy that shall have all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this chapter.
[54-1706, added 1979, ch. 131, sec. 3, p. 408; am. 2021, ch. 222, sec. 15, p. 630; am. 2025, ch. 93, sec. 5, p. 418.]
The board of pharmacy shall consist of seven (7) members who shall be appointed by and serve at the pleasure of the governor. One (1) member shall be a representative of the public, one (1) member shall be a certified registered pharmacy technician who possesses the qualifications specified in section 54-1708, Idaho Code, and five (5) members shall be licensed pharmacists who possess the qualifications specified in section 54-1708, Idaho Code. The board of pharmacy shall have diverse pharmacy practice experience, with at least one (1) member having substantial experience in community pharmacy and at least one (1) member having substantial experience in hospital pharmacy.
[54-1707, added 1979, ch. 131, sec. 3, p. 408; am. 2013, ch. 65, sec. 1, p. 161; am. 2021, ch. 54, sec. 3, p. 164; am. 2024, ch. 69, sec. 4, p. 346; am. 2025, ch. 212, sec. 1, p. 1014.]
(1) The public member of the board of pharmacy shall be a resident of the state of Idaho who has attained the age of majority and shall not be nor shall he ever have been a member of the profession of pharmacy, the spouse of a member of the profession of pharmacy, or a person who has or has had a material financial interest in providing pharmacy service or any other activity directly related to the practice of pharmacy.
(2) The pharmacist members of the board of pharmacy shall at the time of their appointment and at all times thereafter:
(a) Be residents of the state of Idaho;
(b) Be licensed and in good standing to engage in the practice of pharmacy in the state of Idaho;
(c) Be engaged in the practice of pharmacy in the state of Idaho; and
(d) Have five (5) years of experience in the practice of pharmacy in the state of Idaho after licensure.
(3) The certified registered pharmacy technician member of the board of pharmacy shall at the time of appointment and at all times thereafter:
(a) Be a resident of the state of Idaho;
(b) Be registered and in good standing to engage in the practice of pharmacy in the state of Idaho;
(c) Be engaged in the practice of pharmacy in the state of Idaho;
(d) Have three (3) years of experience in the practice of pharmacy in the state of Idaho after registration; and
(e) Maintain a current certified pharmacy technician designation.
[54-1708, added 1979, ch. 131, sec. 3, p. 408; am. 2025, ch. 212, sec. 2, p. 1014.]
Prior to the expiration of the regular term of a member of the board or upon the occurrence of declaration of a vacancy in the membership of the board, the governor shall appoint a qualified person to fill the vacancy. The governor may consider recommendations for appointment to the board from the Idaho state pharmacy association and from any individual residing in this state.
[54-1709, added 1979, ch. 131, sec. 3, p. 409; am. 1997, ch. 22, sec. 1, p. 32; am. 2016, ch. 340, sec. 20, p. 943.]
(1) Except as provided in subsection (2) of this section, members of the board of pharmacy shall be appointed for a term of five (5) years, except that members of the board who are appointed to fill vacancies that occur prior to the expiration of a former member’s full term shall serve the unexpired portion of such term.
(2) The terms of the members of the board shall be staggered, so that the term of no more than one (1) member shall expire in any year.
(3) No member of the board shall serve more than two (2) consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for purposes of this section.
(4) An appointee to a full term on the board shall become a member on July 1 of the year of appointment. Appointees to unexpired portions of full terms shall become members of the board upon appointment.
[54-1710, added 1979, ch. 131, sec. 3, p. 409.; am. 2016, ch. 71, sec. 1, p. 248; am. 2021, ch. 54, sec. 4, p. 164; am. 2024, ch. 69, sec. 5, p. 347.]
(1) The board of pharmacy shall elect from its members a chairman and such other officers as it deems appropriate and necessary to the conduct of its business. The chairman of the board of pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. Each additional officer elected by the board shall perform those duties normally associated with his position and such other duties assigned to him from time to time by the board.
(2) Officers elected by the board shall serve terms of one (1) year, commencing with the day of their election and ending upon election of their successors.
(3) The administrator of the division of occupational and professional licenses shall carry out the duties set forth in chapter 26, title 67, Idaho Code, on behalf of the board.
(4) All meetings and hearings of the board shall be conducted in compliance with the provisions of chapter 2, title 74, Idaho Code.
[54-1713, added 1979, ch. 131, sec. 3, p. 410.; am. 2016, ch. 71, sec. 2, p. 248; am. 2016, ch. 341, sec. 3, p. 967; am. 2021, ch. 221, sec. 6, p. 612; am. 2024, ch. 69, sec. 8, p. 347.]
Each member of the board of pharmacy shall be compensated as provided by section 59-509(p), Idaho Code, for each day on which the member is engaged in performance of the official duties of the board and reimbursed for all expenses incurred in connection with the discharge of such official duties.
[54-1714, added 1979, ch. 131, sec. 3, p. 410; am. 1980, ch. 247, sec. 63, p. 627; am. 1982, ch. 260, sec. 1, p. 671; am. 1996, ch. 237, sec. 2, p. 767; am. 2016, ch. 71, sec. 3, p. 249; am. 2021, ch. 221, sec. 7, p. 612.]
(1) The board of pharmacy may, in its discretion, employ persons in addition to the executive director in such other positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the board’s responsibilities as defined by this act.
(2) The employees of the board other than the executive director and the board’s chief controlled substance investigator under chapter 27, title 37, Idaho Code, shall be classified employees and shall receive, as compensation, an annual salary payable on regular pay periods, the amount of which shall be determined by the division of human resources classification and compensation plan set forth in section 67-5309, Idaho Code, and reimbursement for all expenses incurred in connection with performance of their official duties.
[54-1716, added 1979, ch. 131, sec. 3, p. 411; am. 2000, ch. 353, sec. 1, p. 1187.; am. 2023, ch. 6, sec. 1, p. 10.]
The board of pharmacy shall make, adopt, amend, and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be promulgated in accordance with the procedures specified in chapter 52, title 67, Idaho Code, the administrative procedure act.
[54-1717, added 1979, ch. 131, sec. 3, p. 411; am. 2019, ch. 25, sec. 1, p. 38.]
(1) The board of pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state, including but not limited to the following:
(a) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;
(b) The renewal of licenses to engage in the practice of pharmacy;
(c) The enforcement of the provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation or restriction of licenses to practice pharmacy;
(d) The regulation of pharmacist interns and technicians;
(e) The cancellation of certificates that fail to maintain the requirements of this chapter; and
(f) The reinstatement of licenses following the completion of thirty (30) hours of continuing education within twenty-four (24) months and compliance with any prior board orders.
(2) The board of pharmacy shall require the following applicants over the age of eighteen (18) to submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code:
(a) Original applicants for a certificate; and
(b) Applicants for reinstatement of a certificate.
[54-1718, added 1979, ch. 131, sec. 3, p. 411; am. 2010, ch. 63, sec. 1, p. 112; am. 2015, ch. 36, sec. 1, p. 75; am. 2018, ch. 37, sec. 2, p. 81; am. 2021, ch. 54, sec. 6, p. 165; am. 2024, ch. 69, sec. 10, p. 347; am. 2024, ch. 101, sec. 2, p. 447; am. 2025, ch. 93, sec. 7, p. 418.]
(1) The board of pharmacy shall have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease:
(a) The regulation of the sale at retail and the dispensing of medications, drugs, devices and other materials, including the method of dispensing in institutional facilities and including the right to seize such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under the administrative procedure act;
(b) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy; and
(c) The issuance and renewal of certificates of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs.
(2) The board may solicit and receive from parties other than the state grants, moneys, donations, and gifts of tangible and intangible property for any purpose consistent with the provisions of this chapter, which purposes may be specified as a condition of any grants, moneys, donations, or gifts.
(3) The board or its authorized representatives shall have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter. All records required under this chapter shall be made available for inspection upon request by the board or its authorized agents.
(4) The board shall inspect drug outlets prior to the commencement of business, if applicable, and at regular intervals.
[54-1719, added 1979, ch. 131, sec. 3, p. 412; am. 1990, ch. 144, sec. 1, p. 324; am. 2013, ch. 270, sec. 2, p. 702; am. 2021, ch. 54, sec. 7, p. 165; am. 2025, ch. 93, sec. 8, p. 418.]
Non-refundable fees shall be posted by the division and shall not exceed the amounts specified as follows:
(1) Individual certificates:
| Certificate | Initial fee, not to exceed | Annual renewal fee, not to exceed | | --- | --- | --- | | Pharmacist license | $140 | $130 | | Nonresident person in charge | $290 | $290 | | Pharmacist intern | $50 | $50 | | Technician | $35 | $35 | | Practitioner controlled substance registration | $60 | $60 |
(2) Drug outlet certificates:
| Certificate | Initial fee, not to exceed | Annual renewal fee, not to exceed | | --- | --- | --- | | Drug outlet (unless otherwise listed) | $100 | $100 | | Wholesale license | $180 | $180 | | Wholesale registration | $150 | $150 | | Central drug outlet (nonresident) | $500 | $250 | | Mail service pharmacy | $500 | $250 | | Durable medical equipment outlet | $50 | $50 | | Outsourcing facility (nonresident) | $500 | $250 | | Manufacturer | $150 | $150 | | Veterinary drug outlet | $35 | $35 |
[54-1720, added 2025, ch. 93, sec. 10, p. 419.]
(1) It shall be unlawful for any person or business entity to engage in the practice of pharmacy including, but not limited to, pharmaceutical care services in or into Idaho unless licensed or registered to so practice under the provisions of this chapter, except as provided in this subsection:
(a) Practitioners who are licensed under the laws of this state and their agents or employees may deliver and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this state;
(b) Nonresident pharmacists who are actively licensed in their state of residence may practice pharmacy into Idaho if employed by or affiliated with and practicing for an Idaho-registered nonresident drug outlet. Only the person in charge of a registered nonresident facility shall be registered to practice into Idaho. All other nonresident pharmacists who are affiliated with and practicing from a nonresident facility are exempt from license and registration requirements for practice into Idaho;
(c) Multistate licensees permitted to engage in the multistate practice of pharmacy in or into Idaho pursuant to section 54-1723B, Idaho Code;
(d) A veterinary drug outlet, as defined in section 54-1704, Idaho Code, does not need to register with the board if the outlet does not dispense for outpatient use any controlled substances listed in chapter 27, title 37, Idaho Code, euthanasia drugs, tranquilizer drugs, neuromuscular paralyzing drugs or general anesthesia drugs;
(e) Employees of the public health districts established under section 39-408, Idaho Code, shall be permitted to engage in the labeling and delivery of prepackaged items pursuant to a valid prescription drug order and in accordance with a formulary established by the district health director; and
(f) Researchers may possess legend drugs for use in their usual and lawful research projects.
(2) It shall be unlawful for any person not legally licensed as a pharmacist to take, use or exhibit the title of pharmacist.
(3) Any person who shall be found to have unlawfully engaged in the practice of pharmacy shall be subject to a fine not to exceed three thousand dollars ($3,000) for each offense. Each such violation of this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a misdemeanor punishable upon conviction as provided in the criminal code of this state.
[54-1721, added 1979, ch. 131, sec. 3, p. 415; am. 2010, ch. 346, sec. 1, p. 904; am. 2013, ch. 28, sec. 7, p. 59; am. 2018, ch. 37, sec. 4, p. 84; am. 2019, ch. 25, sec. 3, p. 41; am. 2021, ch. 54, sec. 9, p. 167; am. 2024, ch. 69, sec. 11, p. 348; am. 2025, ch. 93, sec. 11, p. 420.]
(1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(a) Submit a written application in the form prescribed by the board of pharmacy;
(b) Graduate and receive the first professional degree from an accredited school or college of pharmacy;
(c) Pass the North American pharmacist licensure examination by the national association of boards of pharmacy or submit a passing score transfer into Idaho within ninety (90) days after application; and
(d) Pay the fees specified by this chapter.
(2) Any applicant who is a graduate of a school or college of pharmacy located outside of the United States may substitute the following for subsection (1)(b) of this section:
(a) Graduate from a school or college of pharmacy located outside of the United States;
(b) Submit certification by the foreign pharmacy graduate examination committee; and
(c) Complete a minimum of one thousand seven hundred forty (1,740) experiential hours as verified on an employer’s affidavit, signed by a pharmacist licensed and practicing in the United States.
[54-1722, added 2024, ch. 69, sec. 13, p. 349; am. 2025, ch. 93, sec. 12, p. 421.]
To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall:
(1) Submit a written application in the form prescribed by the board of pharmacy;
(2) Possess at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this state;
(3) Present to the board proof of initial licensure by examination and proof that such license and any other certificate granted to the applicant by any other state or states is not at the time of application suspended, revoked, canceled or otherwise restricted in a manner preventing the applicant from practicing as a pharmacist for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed but not engaged in the practice of pharmacy; and
(4) Pay the fees specified by this chapter.
[54-1723, added 1979, ch. 131, sec. 3, p. 416; am. 2005, ch. 218, sec. 1, p. 693; am. 2017, ch. 24, sec. 1, p. 43; am. 2018, ch. 37, sec. 6, p. 86; am. 2021, ch. 54, sec. 11, p. 169; am. 2024, ch. 69, sec. 14, p. 349; am. 2025, ch. 93, sec. 13, p. 421.]
(1) To obtain a certificate to practice as a pharmacist into the state of Idaho, the applicant shall:
(a) Be licensed and in good standing in the state from which the applicant practices pharmacy;
(b) Submit a written application in the form prescribed by the board; and
(c) Pay the fee(s) specified by the board for the issuance of the certificate.
(2) A successful applicant for a certificate under this section shall be subject to the disciplinary provisions of section 54-1726, Idaho Code, and the penalty provisions of section 54-1728, Idaho Code.
(3) A successful applicant for a certificate under this section shall comply with the laws of this state unless compliance would violate the laws in the state in which the applicant is located.
(4) Renewal shall be required biennially and submitted to the board no later than the applicant’s birthday.
(5) An applicant who has failed to maintain an Idaho license and who has not practiced as a pharmacist for the preceding twenty-four (24) months or longer may, at the board’s discretion, be subject to requirements necessary to demonstrate professional competency.
[54-1723A, added 2009, ch. 244, sec. 4, p. 752; am. 2010, ch. 116, sec. 1, p. 242; am. 2013, ch. 28, sec. 8, p. 60; am. 2014, ch. 34, sec. 1, p. 54; am. 2018, ch. 37, sec. 7, p. 88; am. 2021, ch. 54, sec. 12, p. 169; am. 2024, ch. 86, sec. 12, p. 396; am. 2025, ch. 93, sec. 14, p. 422.]
Notwithstanding any provision of law to the contrary:
(1) The board may enter into mutual recognition agreements with one (1) or more party states provided that each party state:
(a) Has substantially similar requirements for drug outlet registration as required in section 54-1730, Idaho Code, pharmacist licensure, as required in section 54-1722, Idaho Code, or pharmacist intern and technician registration, or both;
(b) Requires a fingerprint-based criminal history check prior to licensure that is substantially similar to the requirement in section 54-1718, Idaho Code; and
(c) Grants the same multistate practice privileges to Idaho drug outlets, pharmacists, pharmacist interns, or technicians as Idaho grants to the party state’s drug outlets, pharmacists, pharmacist interns, or technicians under like circumstances and conditions.
(2) A drug outlet, pharmacist, pharmacist intern, or technician license issued by a party state will be recognized by the board as permitting the multistate practice of pharmacy in or into Idaho without a license issued by the board provided the following conditions are met:
(a) The party state is the primary state of residence for the multistate licensee;
(b) The multistate licensee holds an active license issued by a party state that is not currently suspended, revoked, canceled, or otherwise restricted or conditioned in any manner; and
(c) The requirements specified in paragraph (a) or (b) of this subsection shall be met at all times by any multistate licensee engaged in the multistate practice of pharmacy in or into Idaho.
(i) If such a multistate licensee no longer meets the requirements in paragraph (a) of this subsection, the multistate licensee shall apply for licensure in the new primary state of residence prior to relocating to the new primary state of residence. If the pharmacist, pharmacist intern, or technician’s new primary state of residence is either Idaho or another party state, the pharmacist, pharmacist intern, or technician may continue to practice until a new license is issued in the new primary state of residence.
(ii) If a multistate licensee no longer meets the requirements in paragraph (b) of this subsection, the multistate licensee shall immediately cease engaging in the multistate practice of pharmacy in or into Idaho, unless the multistate licensee obtains a license issued by the board.
(3) A multistate licensee engaged in the multistate practice of pharmacy in or into Idaho shall comply with all laws governing the practice of pharmacy in the state of Idaho.
(4) If the board finds grounds for discipline exist, as set forth in section 54-1726 or 37-2718, Idaho Code, the board may impose upon the multistate practice privileges of a multistate licensee any of the penalties set forth in section 54-1728 or 37-2718, Idaho Code. The board’s imposition of any penalties shall be limited to the multistate practice privileges of a multistate licensee. Only the party state shall have the power to revoke, suspend, or otherwise discipline a license issued by the party state.
(5) The board shall promptly notify a party state of any board action taken against the multistate practice privileges of a multistate licensee licensed by the party state. The party state shall give the same priority and effect to reported conduct received from the board as it would if such conduct had occurred within the party state.
[54-1723B, added 2019, ch. 25, sec. 4, p. 42; am. 2021, ch. 54, sec. 13, p. 170; am. 2022, ch. 45, sec. 3, p. 129; am. 2025, ch. 93, sec. 15, p. 422.]
To meet the standard of care, pharmacists are expected to complete sufficient continuing education germane to the practice of pharmacy to maintain their professional competence. At license renewal, every pharmacist shall attest that he has maintained competence through continuing education commensurate with the pharmacist’s active practice setting.
[54-1723C, added 2025, ch. 93, sec. 16, p. 423.]
(1) A pharmacist intern registration shall be obtained prior to commencement of an internship and shall be renewed biennially. No renewal fee shall be charged if the pharmacist intern renews the registration annually by July 15.
(2) After graduation, a pharmacist intern application may be extended for up to twelve (12) months at no cost from the date of application as a pharmacist. Following an extension, the individual may register as a technician or petition the board for more time as a pharmacist intern if exceptional circumstances are present.
[54-1725, added 2025, ch. 93, sec. 18, p. 423.]
Any person needing a controlled substance registration as provided in section 37-2716, Idaho Code, shall:
(1) Hold a valid state license or registration to prescribe medications from a licensing authority established under this title;
(2) Obtain a valid DEA registration if required pursuant to federal law. Failure to obtain such registration, if required, within forty-five (45) days after issuance of an Idaho controlled substance registration shall result in automatic cancellation; and
(3) Have an Idaho practice address subject to inspection by the board. The provisions of this subsection shall not apply to nonresident prescribers who only prescribe into Idaho.
[54-1725A, added 2025, ch. 93, sec. 19, p. 424.]
(1) The board of pharmacy may penalize as set forth in section 54-1728, Idaho Code, a certificate of any person, pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, upon one (1) or more of the following grounds:
(a) Unprofessional conduct, including but not limited to:
(i) Unethical conduct, including fraud, misrepresentation, negligence, concealment, using false information, or breaching the public trust;
(ii) A lack of fitness for professional practice due to incompetency, personal habits, drug or alcohol dependence, on-duty intoxication or impairment, or any other cause that endangers the public;
(iii) Diversion of drug products and devices, unlawful possession or use of drugs, excessive provision of controlled substances, or violating provisions of the federal or state controlled substances laws;
(iv) Failing to follow the instructions of the person ordering a prescription, except as provided in this chapter;
(v) Providing substandard, misbranded, or adulterated drugs or drugs made using secret formulas;
(vi) Acts or omissions within the practice of pharmacy that fail to meet the standard of care provided by other licensees or registrants in the same or similar setting;
(vii) Directly promoting or inducing health care services or products that are unnecessary or not medically indicated; or
(viii) Failure to follow an order of the board, comply with an inspection or investigation, or promptly remediate inspection deficiencies;
(b) Incapacity of a nature that prevents a person from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public;
(c) Being found guilty, convicted or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:
(i) Any crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(ii) Any act related to the qualifications, functions or duties of a licensee or registrant; or
(iii) Violations of the pharmacy or drug laws of this state or the federal government;
(d) Fraud or intentional misrepresentation by a licensee or registrant in securing the issuance or renewal of a certificate;
(e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a certificate or falsely using the title of pharmacist; and
(f) Being found by the board to be in violation of any of the provisions of this chapter or chapter 27, title 37, Idaho Code.
(2) Nonresident licensees and registrants shall be held accountable to the board for violations by its agents and employees and subject to the same grounds for discipline and penalties for their actions as set forth herein.
[54-1726, added 1979, ch. 131, sec. 3, p. 417; am. 1985, ch. 152, sec. 3, p. 409; am. 1988, ch. 12, sec. 1, p. 15; am. 1993, ch. 216, sec. 70, p. 650; am. 2013, ch. 28, sec. 9, p. 61; am. 2020, ch. 175, sec. 22, p. 525; am. 2021, ch. 54, sec. 15, p. 171; am. 2025, ch. 93, sec. 20, p. 424.]
(1) In addition to the requirements of the health insurance portability and accountability act of 1996, all prescriptions, drug orders, records or any other prescription information that specifically identifies an individual patient shall be held in the strictest confidence. No person in possession of such information shall release the information, unless requested as follows:
(a) By the board or its representatives acting in their official capacity;
(b) By the patient or the patient’s designee regarding the patient’s own records;
(c) By agents of the department of health and welfare when acting in their official capacity with reference to issues related to the practice of pharmacy (written requests by authorized agents of the department requesting such information are required);
(d) By agents of any board whose practitioners have prescriptive authority, when the board is enforcing laws governing that practitioner;
(e) By an agency of government charged with the responsibility for providing medical care for the patient (written requests by authorized agents of the agency requesting such information are required);
(f) Nothing in this section shall prohibit insurance companies and health plans from sharing patient-specific information with law enforcement authorities or any of the entities identified in paragraphs (a) through (e) of this subsection in cases of suspected fraud and substance abuse; or
(g) Nothing in this section shall prohibit disclosure of patient-specific information to law enforcement authorities pursuant to a search warrant, subpoena, or other court order.
(2) Any person who has knowledge by virtue of his office or occupation of any prescription drug order, record, or pharmacy-related information that specifically identifies an individual patient shall not divulge such information except as authorized in this section. Any person or entity to whom information is divulged pursuant to this section shall not divulge such information except in compliance with this section.
(3) Nothing in this section shall limit the authority of the board or its representatives from inspecting the records of licensees and registrants or the authority of any other board with licensees or registrants who have prescriptive authority from performing any other duty or authority of that board, nor shall this section limit a court of competent jurisdiction from ordering the release or disclosure of such records upon a showing of just cause after such review or hearing as the court deems necessary and proper. This section shall not limit the authority of any other board or agency to inspect records of persons it regulates, notwithstanding that the records may contain information protected by the provisions of this section.
(4) In addition to all other penalties as provided by law, any person or entity found by the board to be in violation of the provisions of this section shall be subject to an administrative penalty not to exceed three thousand dollars ($3,000) for each violation.
(5) No person shall be liable, nor shall a cause of action exist, for any loss or damage based on the proper good faith release of records pursuant to the provisions of this section.
[54-1727, added 2000, ch. 189, sec. 1, p. 465; am. 2007, ch. 140, sec. 1, p. 405; am. 2021, ch. 54, sec. 16, p. 172.]
(1) The board may take any action against a nonresident licensee or registrant that the board can take against a resident licensee or registrant for violation of the laws of this state or the state in which it resides.
(2) The board may report any violation by a nonresident licensee or registrant, or its agent or employee, of the laws of this state, the state in which it resides or the United States to any appropriate state or federal regulatory or licensing agency including, but not limited to, the regulatory agency of the state in which the nonresident licensee or registrant is a resident.
(3) The suspension, revocation, restriction or other action taken against a licensee or registrant by a state licensing board with authority over a licensee’s or registrant’s professional certificate or by the drug enforcement administration may result in the board’s issuance of an order likewise suspending, revoking, restricting or otherwise affecting the certificate in this state, without further proceeding, but subject to the effect of any modification or reversal by the issuing state or the drug enforcement administration.
(4) Any person or business entity whose certificate to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such certificate. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances that have changed sufficiently to warrant such modifications.
(5) Nothing herein shall be construed as barring criminal prosecutions for violations of the act where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
[54-1728, added 1979, ch. 131, sec. 3, p. 419; am. 1985, ch. 152, sec. 4, p. 409; am. 1995, ch. 42, sec. 1, p. 63; am. 2013, ch. 28, sec. 10, p. 62; am. 2018, ch. 37, sec. 10, p. 89; am. 2018, ch. 348, sec. 8, p. 804; am. 2019, ch. 25, sec. 5, p. 43; am. 2021, ch. 54, sec. 17, p. 173; am. 2025, ch. 93, sec. 21, p. 425; am. 2026, ch. 221, sec. 9, p. 937.]
(1) All drug or device outlets doing business in or into Idaho shall:
(a) If a nonresident, be licensed or registered and in good standing in the applicant’s state of residence and, if a pharmacy, have a person in charge who is licensed and in good standing in the nonresident state and registered by the board on a form approved by the board;
(b) Submit a written application in the form prescribed by the board with information about ownership and location; and
(c) Pay the fee or fees specified by this chapter.
(2) Each drug or device outlet shall apply for a certificate in one (1) of the following classifications prior to doing business in or into Idaho:
(a) Resident drug outlet;
(b) Nonresident drug outlet;
(c) Manufacturer;
(d) Wholesaler; or
(e) Prescriber drug outlet.
(3) It shall be lawful for any outlet or facility to sell and distribute nonprescription drugs. Outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy.
(4) Following the issuance of a new license or registration, each facility shall be inspected to confirm that the facility is compliant with applicable law.
(5) If the regulatory board or licensing authority of the state in which a nonresident outlet is located fails or refuses to conduct an inspection or fails to obtain records or reports required by the board, upon reasonable notice to the nonresident outlet, the board may conduct an inspection. Nonresident outlets shall also pay the actual costs of the out-of-state inspection of the outlet, including the transportation, lodging and related expenses of the board’s inspector.
(6) A successful applicant for a certificate under the provisions of this section shall be subject to the disciplinary provisions of section 54-1726, Idaho Code, and the penalty provisions of section 54-1728, Idaho Code.
(7) A successful applicant for a certificate under the provisions of this section shall comply with the laws of this state unless compliance would violate the laws in the state in which the licensee or registrant is located.
(8) Renewal shall be required biennially and submitted to the board in accordance with the provisions of section 67-2614, Idaho Code.
[54-1729, added 1979, ch. 131, sec. 3, p. 420; am. 1985, ch. 21, sec. 1, p. 33; am. 2009, ch. 244, sec. 5, p. 753; am. 2011, ch. 135, sec. 3, p. 379; am. 2013, ch. 28, sec. 11, p. 63; am. 2014, ch. 34, sec. 2, p. 55; am. 2018, ch. 37, sec. 11, p. 90; am. 2019, ch. 25, sec. 6, p. 44; am. 2021, ch. 54, sec. 18, p. 174; am. 2022, ch. 178, sec. 2, p. 580; am. 2024, ch. 86, sec. 13, p. 397; am. 2025, ch. 93, sec. 22, p. 426.]
(1) In addition to meeting federal requirements, every business entity that engages in the wholesale distribution of prescription drugs, durable medical equipment, or pseudoephedrine products in or into Idaho shall be licensed by the board as a wholesale distributor, except:
(a) Manufacturers distributing their own federal food and drug administration-approved drugs and devices, including distribution of prescription drug samples by manufacturers’ representatives and intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transfer between colicensees of a colicensed product;
(b) An entity that donates prescription drugs, when conducted in accordance with sections 54-1760 through 54-1765, Idaho Code;
(c) A pharmacy distributing in accordance with section 54-1732, Idaho Code; and
(d) Persons selling, purchasing, distributing, trading, or transferring a prescription drug for emergency medical reasons.
(2) The board shall not issue a wholesale distributor license to an applicant unless the board determines that the designated representative meets the following qualifications:
(a) Is actively involved in and aware of the actual daily operation of the wholesale distributor;
(b) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including but not limited to sick leave and vacation leave; and
(c) Has disclosed under oath any felony convictions, any conviction of the applicant related to wholesale or retail prescription drug distribution, or any discipline by a state regulatory agency related to wholesale or retail prescription drug distribution.
(3) All applicant-designated representatives shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(4) A wholesale distributor shall have adequate processes in place for monitoring purchase activity of customers and identifying suspicious ordering patterns that indicate potential diversion or criminal activity related to controlled substances such as orders of unusual size, orders deviating substantially from a normal pattern, orders for drugs that are outside of the prescriber’s scope of practice, or orders of unusual frequency.
(5) The board shall recognize a wholesaler’s accreditation by the national association of boards of pharmacy for purposes of reciprocity and satisfying the new drug outlet inspection required by this chapter.
[54-1729A, added 2021, ch. 54, sec. 19, p. 175; am. 2024, ch. 101, sec. 3, p. 448; am. 2025, ch. 93, sec. 23, p. 427.]
Each resident drug outlet shall meet the following minimum facility standards:
(1) Be constructed and equipped with adequate security to protect its equipment, records and supply of drugs, devices and other restricted sale items from unauthorized access, acquisition, or use;
(2) Store controlled substances in accordance with federal law;
(3) Restrict access to the area where prescription drugs are prepared, compounded, distributed, dispensed, or stored to authorized personnel;
(4) Maintain staff sufficient to operate safely and remain open during the hours posted to the public; and
(5) If dispensing more than twenty (20) prescriptions per day, maintain an electronic recordkeeping system to store patient medication records. Such system shall have audit trail functionality that documents the identity of each individual involved in each step of processing, filling, and dispensing or, alternatively, the identity of the pharmacist or prescriber responsible for the accuracy of such processes.
[54-1730, added 2025, ch. 93, sec. 25, p. 428.]
(1) All drug outlets shall report to the board of pharmacy:
(a) At least ten (10) days prior, the occurrence of a change of location or permanent closing, including notice of the proposed new location of prescription files and the location where the closing inventory record of controlled substances will be retained;
(b) As soon as possible, the occurrence of any disaster, accident, or emergency that affects safe and continued operation;
(c) On the same day as such report is made to the DEA, any theft or loss of controlled substances; and
(d) Within thirty (30) days, a change of the operating legal entity’s majority ownership.
(2) Authorized distributors shall report specified data on controlled substances each month in a form and manner prescribed by the board.
(3) All licensees shall report changes in information provided on or with renewal application forms within thirty (30) days of such changes.
(4) All licensees shall report the following within thirty (30) days after the final action:
(a) All felony and other criminal convictions involving any legend drug;
(b) Any disciplinary action from any other licensing authority; and
(c) The surrender of a license in lieu of discipline from any other licensing authority.
[54-1731, added 2025, ch. 93, sec. 27, p. 429.]
All drug outlets shall:
(1) Dispense prescription drugs only pursuant to a valid prescription drug order as set forth in this chapter;
(2) Provide prospective drug review that shall include evaluation of a prescription drug order for known allergies, rational therapy contraindications, reasonable dose and route of administration, reasonable directions for use, duplication of therapy, drug interactions, and proper utilization;
(3) Provide a complete and accurate label as set forth in this chapter;
(4) Verify the accuracy of the drug stock selected relative to the drug prescribed. If not performed by a pharmacist, an electronic verification system or verification by two (2) support persons shall be necessary; and
(5) Provide counseling for new medications. For refills or renewed prescriptions an offer to counsel the patient or caregiver shall be extended. Nothing in this section shall require a pharmacist to provide counseling when a patient or caregiver refuses such counseling, when counseling is otherwise impossible, or for inpatients of a hospital or institutional facility if a licensed health care professional administers the medication.
[54-1731A, added 2025, ch. 93, sec. 28, p. 429.]
(1) A drug outlet that dispenses prescription drugs to human patients that does not have a pharmacist or other prescriber on site to supervise pharmacy operations shall:
(a) Maintain adequate video surveillance and retain a recording for a minimum of thirty (30) days. Provided, however, that self-service automated dispensing systems shall be excluded from the requirements of this paragraph;
(b) Use an audio communication system to counsel and interact with each patient or patient’s caregiver; and
(c) Remain closed to the public if either of the systems required pursuant to paragraphs (a) or (b) of this subsection are not functioning properly.
(2) A drug outlet that stores drugs outside of a drug outlet for retrieval by a licensed health care professional shall comply with the following:
(a) Drugs shall remain under the control of, and be routinely monitored and inventoried by, the supervising drug outlet; and
(b) The storage area shall be appropriately equipped to ensure security and prevent diversion or tampering;
(3) Stocking and replenishing of a drug outlet that stores drugs outside of a drug outlet for retrieval by a licensed health care professional may be performed by a pharmacist or prescriber or an appropriate support person if using an electronic verification system or a verification by two support persons.
[54-1731B, added 2025, ch. 93, sec. 29, p. 430.]
(1) Unless otherwise provided for in this chapter, prescription records and any other records required by this chapter shall be maintained for at least three (3) years after the date of a transaction. Prescription records may be retained at a central location or may be stored and maintained electronically provided that such records remain legible. All records shall be produced within seventy-two (72) hours.
(2) Each drug outlet shall maintain a current, complete, and accurate record of each controlled substance manufactured, imported, received, ordered, sold, delivered, exported, dispensed, or otherwise disposed of by the registrant. Pursuant to the requirements of this subsection:
(a) A biennial inventory shall be conducted at each registered location not later than seven (7) days after the date of the most recent inventory in a form and manner that satisfies the inventory requirements of federal law; and
(b) Evidence of an amount of a controlled substance that differs from the amount reflected on a record or inventory shall create a rebuttable presumption that the registrant has failed to keep records or maintain inventories pursuant to the requirements of this chapter.
(3) Wholesalers and other entities engaged in wholesale drug distribution shall maintain inventories and records that include, at a minimum:
(a) The source of drugs, including the name and principal address of the seller or transferor, and the address of the location from which the drugs were shipped;
(b) The identity, quantity, and dates of receipt and distribution of drugs received and distributed or disposed of; and
(c) Controlled substance distribution invoices.
[54-1731C, added 2025, ch. 93, sec. 30, p. 430.]
(1) No drug outlet designated in section 54-1729, Idaho Code, shall be operated until a certificate has been issued to said facility by the board. Upon the finding of a violation of this subsection, the board may impose one (1) or more of the penalties enumerated in section 54-1728, Idaho Code.
(2) Reinstatement of a certificate that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified in section 54-1728, Idaho Code.
(3) The following acts, or the failure to act, and the causing of any such act or failure are unlawful:
(a) The sale, delivery or administration of any prescription drug or legend drug, except an emergency medication pursuant to section 54-1735, Idaho Code, unless:
(i) Such legend drug is dispensed or delivered by a pharmacist or prescriber upon an original prescription, drug order or prescription drug order by a practitioner in good faith in the course of his practice. Any person violating the provisions of this subparagraph shall be guilty of a felony and on conviction thereof shall be imprisoned in the state penitentiary for a term not to exceed three (3) years, or punished by a fine of not more than five thousand dollars ($5,000), or by both such fine and imprisonment; or
(ii) In the case of a legend drug dispensed to a person, there is a label affixed to the immediate container in which such drug is dispensed. Any person violating this subparagraph shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500). Nothing in this subparagraph prohibits a practitioner from delivering professional samples of legend drugs in their original containers in the course of his practice when oral directions for use are given at the time of such delivery.
(b) The refilling of any prescription or drug order for a legend drug, except as designated on the prescription or drug order or by the authorization of the practitioner. Any person guilty of violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or punished by a fine of not more than one thousand dollars ($1,000), or by both such fine and incarceration.
(c) The possession or use of a legend drug or a precursor, except an emergency medication pursuant to section 54-1735, Idaho Code, by any person unless such person obtains such drug on the prescription or drug order of a practitioner. Any person guilty of violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or punished by a fine of not more than one thousand dollars ($1,000), or by both such fine and incarceration.
(d) The wholesale distribution of drugs or devices by a pharmacy except for:
(i) The sale, transfer, merger or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets;
(ii) The sale of minimal quantities of prescription drugs to practitioners for office use or to dispensing drug outlets for a specific patient need;
(iii) The sale of a prescription drug for emergency medical reasons, but never to a wholesale distributor;
(iv) Intracompany sales of prescription drugs, meaning any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership and control of a corporate entity, or any transaction or transfer between colicensees or a colicensed product, but never to a wholesale distributor; or
(v) Other exemptions as permitted by federal law.
(e) The failure to keep records as required by this chapter. Any person guilty of violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or punished by a fine of not more than one thousand dollars ($1,000), or by both such fine and incarceration.
(f) The refusal to make available and to accord full opportunity to check any record, as required by the board. Any person guilty of violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or punished by a fine of not more than one thousand dollars ($1,000), or by both such fine and incarceration.
(g) It is unlawful to:
(i) Obtain or attempt to obtain a legend drug or procure or attempt to procure the administration of a legend drug: by fraud, deceit, misrepresentation or subterfuge; by the forgery or alteration of a prescription, drug order, or of any written order; by the concealment of a material fact; or by the use of a false name or the giving of a false address;
(ii) Communicate information to a practitioner in an effort unlawfully to procure a legend drug, or unlawfully to procure the administration of any such drug. Any such communication shall not be deemed a privileged communication;
(iii) Intentionally make a false statement in any prescription, drug order, order, report or record required by this chapter;
(iv) For the purpose of obtaining a legend drug to falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, dispenser, prescriber, or other person;
(v) Make or utter any false or forged prescription or false drug order or forged written order;
(vi) Affix any false or forged label to a package or receptacle containing legend drugs. This subparagraph does not apply to law enforcement agencies or their representatives while engaged in enforcing state and federal drug laws; or
(vii) Wholesale or retail any prescription or legend drug to any person in this state not entitled by law to deliver such drug to another.
Every violation of paragraph (g)(i) through (vi) of this subsection shall be a misdemeanor, and any person convicted thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or fined not more than one thousand dollars ($1,000), or punished by both such fine and imprisonment. Any person violating paragraph (g)(vii) of this subsection is guilty of a felony and on conviction thereof shall be imprisoned in the state penitentiary for a term not to exceed three (3) years or punished by a fine of not more than five thousand dollars ($5,000), or by both such fine and imprisonment.
(4) The ultimate user of a legend drug who has lawfully obtained such legend drug may deliver, without being registered, the legend drug to another person for the purpose of disposal of the legend drug if the person receiving the legend drug for purposes of disposal is authorized under a state or federal law or regulation to engage in such activity.
[54-1732, added 1979, ch. 131, sec. 3, p. 421; am. 1985, ch. 43, sec. 1, p. 91; am. 2010, ch. 113, sec. 1, p. 231; am. 2013, ch. 28, sec. 13, p. 65; am. 2014, ch. 146, sec. 3, p. 396; am. 2015, ch. 28, sec. 2, p. 48; am. 2015, ch. 88, sec. 2, p. 218; am. 2016, ch. 264, sec. 2, p. 694; am. 2018, ch. 348, sec. 9, p. 805; am. 2019, ch. 25, sec. 9, p. 46; am. 2019, ch. 82, sec. 1, p. 194; am. 2020, ch. 14, sec. 14, p. 50; am. 2021, ch. 54, sec. 22, p. 177; am. 2024, ch. 69, sec. 15, p. 350; am. 2025, ch. 93, sec. 31, p. 431; am. 2026, ch. 221, sec. 90, p. 972.]
(1) A prescription drug order for a legend drug is valid only if it is issued by a prescriber for a legitimate medical purpose arising from a prescriber-patient relationship that includes a documented patient evaluation adequate to establish diagnoses, if applicable, and identify underlying conditions and/or contraindications to the treatment. A valid prescriber-patient relationship may be established through virtual care technologies, provided that the applicable Idaho community standard of care must be satisfied.
(2) A valid prescription may not be antedated or postdated or have evidence of alteration by any person other than the person who wrote it.
(3) A prescriber who is otherwise authorized to perform any of the activities listed in this section may prescribe or perform any of the following activities for a patient with whom the prescriber does not have a prescriber-patient relationship under the following circumstances:
(a) Writing initial admission orders for a newly hospitalized patient;
(b) Writing a prescription drug order for a patient of another prescriber for whom the prescriber is taking call;
(c) Writing a prescription drug order for a patient examined by a physician assistant, advanced practice registered nurse or other licensed practitioner with whom the prescriber has a supervisory or collaborative relationship;
(d) Writing a prescription drug order for a medication on a short-term basis for a new patient prior to the patient’s first appointment;
(e) Writing a prescription for an emergency medication pursuant to section 54-1735, Idaho Code;
(f) In emergency situations where the life or health of the patient is in imminent danger;
(g) In emergencies that constitute an immediate threat to the public health including, but not limited to, empiric treatment or prophylaxis to prevent or control an infectious disease outbreak; and
(h) If a prescriber makes a diagnosis of an infectious disease in a patient, prescribe or dispense antimicrobials to an individual who has been exposed to the infectious person in accordance with clinical guidelines.
(4) Treatment, including issuing a prescription drug order, based solely on a static online questionnaire does not constitute a legitimate medical purpose.
(5) A prescription drug order shall be issued only by a prescriber including a prescriber who is licensed in a jurisdiction other than the state of Idaho and is permitted by such license to prescribe legend drugs in the course of his professional practice as long as the individual is acting within the jurisdiction, scope and authority of his license when issuing the prescription drug order.
(6)(a) The following acts shall be unlawful:
(i) To knowingly issue an invalid prescription drug order for a legend drug;
(ii) To knowingly dispense a legend drug pursuant to an invalid prescription drug order;
(iii) To prescribe drugs to individuals without a prescriber-patient relationship, unless excepted in this section; or
(iv) To issue a controlled substance prescription for the prescriber’s own use.
(b) Such acts shall constitute unprofessional conduct and the prescriber or dispenser shall be subject to discipline according to the provisions of the Idaho Code chapter pursuant to which the prescriber or dispenser is licensed, certified or registered.
[54-1733, added 1979, ch. 131, sec. 3, p. 423; am. 1985, ch. 43, sec. 2, p. 93; am. 2000, ch. 276, sec. 2, p. 899; am. 2006, ch. 117, sec. 1, p. 330; am. 2006, ch. 290, sec. 2, p. 893; am. 2007, ch. 90, sec. 25, p. 262; am. 2007, ch. 245, sec. 1, p. 722; am. 2010, ch. 112, sec. 1, p. 229; am. 2011, ch. 135, sec. 4, p. 380; am. 2012, ch. 163, sec. 1, p. 442; am. 2014, ch. 146, sec. 4, p. 398; am. 2015, ch. 26, sec. 1, p. 39; am. 2015, ch. 88, sec. 3, p. 219; am. 2016, ch. 264, sec. 3, p. 696; am. 2018, ch. 37, sec. 13, p. 92; am. 2019, ch. 25, sec. 10, p. 48; am. 2020, ch. 14, sec. 15, p. 52; am. 2023, ch. 102, sec. 1, p. 302; am. 2024, ch. 69, sec. 16, p. 352; am. 2025, ch. 93, sec. 32, p. 433.]
(1) A prescription drug order may be transmitted by delivery of the original signed written prescription or a digital image of the order, or by a prescriber, prescriber’s agent, or representative of a state-licensed or federally certified provider community either electronically, verbally, or via facsimile.
(2) Each prescription drug order shall include at least the following:
(a) The name of the patient or authorized entity, and, if for an animal, the species;
(b) If a controlled substance, the patient’s address;
(c) The date issued;
(d) The drug name, strength, and quantity;
(e) Directions for use;
(f) The name of the prescriber, and, if a controlled substance, the address and DEA registration number; and
(g) The signature of the prescriber or, if a renewal of a previous prescription, the prescriber’s authorized agent.
(3) A provider may omit drug information and directions and, instead, make an indication for the pharmacist to finalize the patient’s drug therapy plan.
[54-1733A, added 2025, ch. 93, sec. 33, p. 434.]
(1) Drug product selection is only allowed between therapeutic equivalent drugs as published in the FDA orange book or green book. If a prescriber orders that a brand name drug shall be dispensed, then no drug product selection is permitted.
(2) Partial fillings shall be allowed as long as the total quantity dispensed does not exceed the total quantity prescribed.
(3) A prescription drug order may be refilled as authorized by the prescriber and within the limits of federal law. A pharmacist may also refill a prescription to ensure continuity of care.
(4) A pharmacist may:
(a) Change the quantity of medication prescribed if any of the following apply: the quantity or package size is not commercially available, the change is related to a change in dosage form, strength or therapeutic interchange, the change is intended to synchronize a patient’s medications, or if it is to dispense the total amount authorized by the prescriber;
(b) Change the dosage form if it is in the best interest of patient care, as long as the directions are also modified to equate to an equivalent amount of the drug dispensed as prescribed; and
(c) Complete missing information on the prescription if there is evidence to support the change.
(5) Drug product substitutions in which a pharmacist dispenses a drug product other than that prescribed are only allowed as follows:
(a) Pursuant to a formulary or drug list of a pharmacy and therapeutics committee of a hospital;
(b) At the direction of the quality assessment and assurance committee of an institutional facility;
(c) For interchangeable biosimilar products published in the FDA purple book, if the name of the drug and the manufacturer or the national drug code number is documented in the patient’s medical record; and
(d) Therapeutic interchange within the same therapeutic class is allowed if the substitution lowers the cost to the patient or occurs during a drug shortage.
[54-1733B, added 2025, ch. 93, sec. 34, p. 434.]
(1) A pharmacist may independently prescribe if such pharmacist:
(a) Only prescribes drugs for conditions for which the pharmacist is educationally prepared and for which competence has been achieved and maintained;
(b) Only issues a prescription for a legitimate medical purpose arising from a patient-prescriber relationship;
(c) Obtains adequate information about the patient’s health status to make appropriate decisions based on the applicable standard of care and the best available evidence;
(d) Recognizes the limits of the pharmacist’s own knowledge and experience and consults with and refers to other health care professionals as appropriate; and
(e) Maintains documentation adequate to justify the care provided, including but not limited to the information collected as part of the patient assessment, diagnosis, prescription record, provider notification, and follow-up care plan.
(2) The general requirements provided for in this section do not apply to the prescribing of devices and nonprescription drugs, prescribing under a collaborative pharmacy practice agreement, direct administration of a medication, or prescribing emergency drugs authorized under this chapter.
[54-1734, added 2025, ch. 93, sec. 36, p. 435.]
(1) Notwithstanding any other provision of law, any health professional licensed or registered under this title acting in good faith and exercising reasonable care may prescribe, distribute, dispense, and administer an emergency medication to any person or entity. Any person who prescribes, distributes, dispenses, or administers an emergency medication pursuant to this subsection shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts.
(2) Notwithstanding any other provision of law, any person acting in good faith and exercising reasonable care may distribute or dispense emergency medication to any person or entity and may administer emergency medication to any person who appears to be experiencing anaphylaxis or an opiate-related overdose. The administering person shall contact emergency medical services as soon as possible. Any person who distributes, dispenses, or administers emergency medication pursuant to this subsection shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts.
(3) For the purposes of this section, "emergency medication" includes:
(a) Opioid antagonists; and
(b) Epinephrine auto-injectors.
[54-1735, added 2024, ch. 69, sec. 20, p. 353.]
(1) All prescription drugs shall be in an appropriate container bearing a label in conformance with federal law.
(2) For parenteral admixtures, the label shall include the date and time of the addition or the beyond use date.
(3) For prepackaged products, the label shall include an expiration date that is the lesser of the manufacturer’s original expiration date, one (1) year from the date the drug is prepackaged, or a shorter period if warranted.
(4) For repackaged drugs, the label shall include the prescription number and contact information for the original dispensing pharmacy, a statement indicating that the drug has been repackaged, and contact information for the repackager.
[54-1736, added 2025, ch. 93, sec. 38, p. 435.]
(1) Delivery of filled prescriptions shall be allowed if appropriate measures are taken to ensure product integrity and safety. Prescriptions may be picked up for or returned from delivery by authorized personnel from a secured delivery area.
(2) A drug outlet registered with the DEA as a collector may collect controlled and non-controlled drugs for destruction. Otherwise a dispensed drug or device may only be accepted for return as follows:
(a) When the pharmacist determines that harm could result if the drug or device is not returned;
(b) If it is a legend drug for donation pursuant to sections 54-1760 through 54-1764, Idaho Code; and
(c) The drug did not reach the patient and has been maintained in the custody and control of the drug outlet and the drug outlet is able to assure that product integrity has been maintained.
[54-1736A, added 2025, ch. 93, sec. 39, p. 436.]
(a) In any complaint, information, affidavit or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, proviso, or exemption contained in this chapter, the burden of proof is upon the party claiming any such exception, excuse, proviso or exemption.
(b) Anyone wholesaling or retailing prescription or legend drugs shall bear the burden of ascertaining that the receiver of such drugs is entitled by law to administer, dispense or deliver such drugs and proof that one has sold such drugs at wholesale or retail to an unauthorized person shall be prima facie evidence of illegality.
[57-1737, added 1979, ch. 131, sec. 3, p. 424.]
(1) A wholesale distributor shall not engage in the wholesale distribution of prescription drugs purchased from pharmacies or practitioners or from wholesale distributors that purchase them from pharmacies or practitioners.
(2) A manufacturer or wholesale distributor shall furnish prescription drugs only to a person licensed by the appropriate state licensing agency to manufacture, distribute, dispense, conduct research on, or independently administer such prescription drugs, unless exempted by law. A manufacturer or wholesale distributor shall furnish a scheduled controlled substance listed in section 37-2705, 37-2707, 37-2709, 37-2711, or 37-2713, Idaho Code, only to a person who has been issued a valid controlled substance registration by the United States drug enforcement administration and the Idaho board of pharmacy, unless exempted by state or federal law.
(3) Prescription drugs furnished by a manufacturer or wholesale distributor shall be delivered only to a principal place of business or a professional practice.
[54-1737A, added 2021, ch. 54, sec. 27, p. 180.]
(1) The following shall constitute prima facie evidence in any criminal or civil proceeding in this state that a drug is a prescription drug or legend drug:
(a) In the case of a drug for which a new drug application was submitted to the United States food and drug administration, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records show that the new drug application was approved, setting forth the date of approval, and further stating that the records show that proposed labeling for the drug which includes the legend "Caution: Federal law prohibits dispensing without a prescription" was approved. The affidavit shall be accompanied by a certificate that such officer has the custody.
(b) In the case of a drug for which the United States food and drug administration does not require an approved new drug application as a condition for marketing the drug, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records reflect that the drug meets the criteria of federal law to be regarded as a prescription drug and is required to bear the legend "Caution: Federal law prohibits dispensing without a prescription." The affidavit shall be accompanied by a certificate that such officer has the custody.
(c) In the case of a drug designated a prescription drug by action of the state board of pharmacy, independently of federal law, the affidavit of an officer having legal custody of the records of the state board of pharmacy stating that such records show that the drug has been denominated a prescription drug, to which shall be attached a copy of the official document evidencing such action. The affidavit shall be accompanied by a certificate that such officer has the custody.
(2) This section does not prevent proof that a drug is a prescription or legend drug by any method authorized by any applicable statute, rule of procedure or rule of evidence.
(3) Any store, shop, warehouse, dwelling house, apartment, building, vehicle, boat, aircraft, or any place whatsoever used by any person for the purpose of unlawfully using any legend drug, or used for the unlawful keeping or selling of the same, is a common nuisance. No person shall keep or maintain such a common nuisance or frequent or visit such place knowing that it is used for any such purpose.
[54-1738, added 1979, ch. 131, sec. 3, p. 424; am. 2018, ch. 37, sec. 16, p. 94; am. 2025, ch. 93, sec. 40, p. 436.]
(1) Before dispensing any new prescription, a pharmacist shall complete a prospective drug review.
(2) Before dispensing a prescription for a new medication, or when otherwise deemed necessary or appropriate, a pharmacist shall counsel the patient or caregiver. Counseling shall include such supplemental written materials as required by law or as are customary in that practice setting. For refills or renewed prescriptions, a pharmacist or a technician shall extend an offer to counsel the patient or caregiver. If such offer is accepted, a pharmacist shall provide such counseling as necessary or appropriate in the professional judgment of the pharmacist. All counseling and offers to counsel shall be face-to-face with the patient or caregiver when possible, but if not possible, then a reasonable effort shall be made to contact the patient or caregiver. Nothing in this section shall require a pharmacist to provide counseling when a patient or caregiver refuses such counseling or when counseling is otherwise impossible. Patient counseling shall not be required for inpatients of a hospital or institutional facility when licensed health care professionals administer the medication.
(3) This section shall apply to all registered outlets.
[54-1739, added 2011, ch. 263, sec. 2, p. 708; am. 2020, ch. 14, sec. 12, p. 49; am. 2021, ch. 54, sec. 28, p. 181.]
Sections 54-1760 through 54-1764, Idaho Code, shall be known and may be cited as the "Idaho Legend Drug Donation Act."
[54-1760, added 2009, ch. 143, sec. 1, p. 428; am. 2025, ch. 93, sec. 42, p. 437.]
(1) Legend drugs may be transferred from a qualified donor to a donation repository for donation to medically indigent patients.
(2) Qualified donors may distribute legend drugs in accordance with the following requirements:
(a) Drugs donated by an individual member of the public must be in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; and
(b) Drugs donated by an entity that is a qualified donor must meet either of the following conditions:
(i) The drugs are in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; or
(ii) The drugs are opened or unsealed but have remained under the control and storage of the qualified donor.
(3) Donation repositories may accept drugs in accordance with the following specifications:
(a) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. Drugs bearing an expiration date fewer than three (3) months from the date the drug is donated shall not be accepted and shall not be dispensed;
(b) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37, Idaho Code, shall not be accepted and shall not be dispensed; and
(c) A drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug has been adulterated.
(4) Any donation repository dispensing legend drugs shall:
(a) Comply with all applicable federal and state laws related to the storage and distribution of drugs;
(b) Inspect all drugs prior to dispensing to determine that such drugs have not been adulterated;
(c) Dispense drugs pursuant only to a valid prescription; and
(d) Separate donated drugs from the donation repository’s normal drug stock. Donated drugs may not be resold.
(5) Nothing in this section shall require any person or entity to donate legend drugs, dispense donated legend drugs, transfer legend drugs for donation, or accept donated legend drugs.
(6) Nothing in this section shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho department of health and welfare.
[54-1762, added 2019, ch. 82, sec. 4, p. 197.]
Notwithstanding any other provision of law:
(1) An owner or a legal caretaker of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian of a veterinary medical facility, as that term is defined in section 54-2103, Idaho Code, if the veterinarian or facility chooses to accept the drug.
(2) A licensed veterinarian or a veterinary medical facility may accept and reissue drugs donated pursuant to this section and from qualified donors listed in section 54-1704, Idaho Code, if:
(a) The drug is not expired;
(b) There is no reason to believe the drug has been adulterated;
(c) The drug is not a controlled substance; and
(d) The drug is not a compounded drug.
(3) A licensed veterinarian or a veterinary medical facility may not resell the donated drug.
(4) A licensed veterinarian or a veterinary medical facility may, however, reissue the donated drug, without charge, for proper administration to an animal by:
(a) Another client of the veterinarian or facility who appears to be financially unable to pay for the drug;
(b) A nonprofit animal shelter; or
(c) A pound, as that term is defined in section 25-3502, Idaho Code.
[54-1762A, added 2019, ch. 25, sec. 14, p. 50; am. 2021, ch. 54, sec. 37, p. 182; am. 2022, ch. 45, sec. 7, p. 131; am. 2024, ch. 69, sec. 21, p. 354.]
Any entity that lawfully and voluntarily participates by donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be immune from liability for any civil action arising out of the provision of such action. This section shall not extend immunity to the participating entity for any acts constituting intentional, willful or grossly negligent conduct or to acts by a participating entity that are outside the scope of practice authorized by the entity’s certificate.
[54-1764, added 2009, ch. 143, sec. 5, p. 430; am. 2021, ch. 54, sec. 38, p. 182.]
(1) Any compounding that is not permitted pursuant to the provisions of this chapter is considered manufacturing.
(2) The provisions of subsections (3) through (7) of this section apply to any person authorized to engage in the practice of non-sterile compounding, sterile compounding, and sterile prepackaging of drug products in or into Idaho but shall not apply to:
(a) The reconstitution of a non-sterile drug or sterile drug for immediate administration;
(b) The addition of a flavoring agent or coloring agent to a drug product, as long as the agent is therapeutically inert and in the minimum quantity necessary; or
(c) Product preparation of a non-sterile, non-hazardous drug according to the manufacturer’s FDA approved labeling.
(3) Any person engaging in compounding pursuant to this section shall:
(a) Obtain all active pharmaceutical ingredients from an FDA registered manufacturer;
(b) Unless the active pharmaceutical ingredient complies with the standards of an applicable USP-NF monograph, obtain a certificate of analysis for all active pharmaceutical ingredients procured for compounding and retained for a period of not less than three (3) years from the date the container is emptied, expired, returned, or disposed of. The certificate shall contain the product name, lot number, expiration date, and assay;
(c) Use equipment and utensils of suitable design and composition and that are cleaned, sanitized, or sterilized as appropriate prior to use; and
(d) Remove unknown or questionable products from stock and isolate such products for return, reclamation, or destruction.
(4) Compounding any drug products for human use that the FDA has identified as presenting demonstrable difficulties in compounding or has withdrawn or removed from the market is prohibited.
(5) A drug product that is commercially available may only be compounded if not compounded regularly or in inordinate amounts or if the commercial product is not reasonably available in the market in time to meet a patient’s needs.
(6) Limited quantities of a drug may be compounded or sterile prepackaged prior to receiving a valid prescription drug order based on a history of receiving valid prescription drug orders for the compounded or sterile prepackaged product.
(7) Policies and procedures for the compounding or sterile prepackaging of drug products shall ensure the safety, identity, strength, quality, and purity of the finished product. To meet this standard, licensees and registrants shall take into consideration the applicable provisions of USP chapters 795 and 797, and USP-NF chapters 1075 and 1160.
[54-1765, added 2025, ch. 93, sec. 43, p. 437.]
(1) The sterility of compounded diagnostics, drugs, nutrients, and radiopharmaceuticals shall be maintained or the compounded drug preparation shall be sterilized when prepared in the following dosage forms:
(a) Aqueous bronchial and nasal inhalations, except nasal dosage forms intended for application;
(b) Baths and soaks for live organs and tissues;
(c) Injections such as colloidal dispersions, emulsions, solutions, and suspensions;
(d) Irrigations for internal body cavities;
(e) Ophthalmic drops and ointments; and
(f) Tissue implants.
(2) Compounders and sterile prepackagers are responsible for ensuring that sterile products are accurately identified, measured, diluted, and mixed and are correctly purified, sterilized, packaged, sealed, labeled, stored, dispensed, and distributed, as well as prepared in a manner that maintains sterility and minimizes the introduction of particulate matter.
(3) Except when provided for immediate administration, the environment for the preparation of sterile preparations in a drug outlet shall be in an isolated area, designed to avoid unnecessary traffic and airflow disturbances, and equipped to accommodate aseptic techniques and conditions.
(4) The following shall be documented with respect to any sterile preparation:
(a) Justification of beyond use dates assigned pursuant to direct testing or extrapolation from reliable literature sources;
(b) Training records evidencing that personnel are trained on a routine basis and are adequately skilled, educated, and instructed;
(c) Audits appropriate for the risk of contamination for the particular sterile preparation, including visual inspection, periodic hand hygiene and garbing competency, gloved fingertip sampling testing, sterility testing, media-fill test procedures, competency evaluation at least annually for each compounder, and environmental sampling testing at least upon registration of a new drug outlet, upon the servicing or re-certification of facilities and equipment, in response to identified problems, or every six (6) months;
(d) Temperature, logged daily;
(e) Beyond use date and accuracy testing, when appropriate; and
(f) Measuring, mixing, sterilizing, and purification equipment inspection, monitoring, cleaning, and maintenance to ensure accuracy and effectiveness for their intended use.
[54-1766, added 2025, ch. 93, sec. 44, p. 438.]
This section shall apply to all persons engaged in the practice of compounding or sterile prepackaging with hazardous drugs. Such persons shall:
(1) Ensure the storage and compounding areas have sufficient general exhaust ventilation to dilute and remove airborne contaminants;
(2) Utilize a ventilated cabinet designed to reduce worker exposures while preparing hazardous drugs. Sterile hazardous drugs shall be prepared in a dedicated class II biological safety cabinet or a barrier isolator of appropriate design to meet the personnel exposure limits described in product material safety data sheets. When asepsis is not required, a class I biological safety cabinet, powder containment hood or an isolator intended for containment applications may be sufficient. A ventilated cabinet that re-circulates air inside the cabinet or exhausts air back into the room environment is prohibited unless:
(a) The hazardous drugs in use will not volatilize while they are being handled; or
(b) Written documentation from the manufacturer is provided attesting to the safety of such ventilation.
(3) Clearly identify storage areas, compounding areas, containers, and prepared doses of hazardous drugs;
(4) Label hazardous drugs with proper precautions, and dispense them in a manner to minimize risk of hazardous spills;
(5) Provide and maintain appropriate personal protective equipment and supplies necessary for handling hazardous drugs, spills, and disposal;
(6) Unpack, store, prepackage, and compound hazardous drugs separately from other inventory in a restricted area in a manner to prevent contamination and personnel exposure until hazardous drugs exist in their final unity-of-use packaging; and
(7) Ensure that personnel working with hazardous drugs are trained in hygiene, garbing, receipt, storage, handling, transporting, compounding, spill control, clean up, disposal, dispensing, medical surveillance, and environmental quality and control.
[54-1767, added 2025, ch. 93, sec. 45, p. 439.]
(1) A pharmacist who dispenses a biological product according to board rule shall communicate to the prescriber the name and manufacturer of the drug within five (5) business days following the dispensing of the biological product. Communication shall occur via an entry in an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system or a pharmacy record that can be accessed electronically by the prescriber. Entry into an electronic records system as described in this subsection shall be considered notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, provided that the communication shall not be required when:
(a) There is no interchangeable biological product approved by the federal food and drug administration for the product prescribed;
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription; or
(c) The pharmacist or the pharmacist’s designee has already communicated to the prescriber the specific product to be provided to the patient, including the name and manufacturer of the product, prior to dispensing; and that product is the product that is actually dispensed.
(2) Nothing in this section shall delay the dispensing of a valid prescription for a biological product.
(3) For purposes of this section:
(a) "Biological product" shall have the same meaning as in 42 U.S.C. 262(i).
(b) "Interchangeable biological product" means a biological product that the federal food and drug administration has licensed and determined meets the standards for interchangeability set forth in 42 U.S.C. 262(k)(4) or has been deemed therapeutically equivalent by the federal food and drug administration in the latest edition of or supplement to the publication "Approved Drug Products with Therapeutic Equivalence Evaluations."
[54-1769, added 2016, ch. 197, sec. 1, p. 553.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[54-1771, added 2011, ch. 263, sec. 5, p. 709.]
This chapter may be cited as the "Medical Practice Act."
[54-1801, added 1977, ch. 199, sec. 2, p. 536.]
Recognizing that the practice of medicine is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of physicians and physician assistants, and the exclusion of unlicensed persons from the practice of medicine.
[54-1802, added 1977, ch. 199, sec. 3, p. 537.; am. 2019, ch. 26, sec. 2, p. 53.]
As used in this chapter:
(1) "Practice of medicine" means:
(a) The investigation, diagnosis, treatment, correction, or prevention of or prescription for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality that involves the application of principles or techniques of medical science; or
(b) Offering, undertaking, or holding oneself out as able to do any of the acts described in paragraph (a) of this subsection.
(2) "Board" means the state board of medicine.
(3) "Physician" means any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine, provided that others authorized by law to practice any of the healing arts shall not be considered physicians for the purposes of this chapter.
(4) "Supervising physician" means a physician who is responsible for the direction and supervision of the activities of and patient services provided by licensed or unlicensed medical personnel.
(5) "License to practice medicine" means a license issued by the board to a person who has graduated from an acceptable school of medicine and who has fulfilled the licensing requirements of this chapter.
(6) "License to practice osteopathic medicine" means a license issued by the board to a person who either graduated from an acceptable osteopathic school of medicine subsequent to January 1, 1963, or who has been licensed by endorsement of a license to practice osteopathic medicine issued by another state and who has fulfilled the licensing requirements of this chapter.
(7) "Acceptable school of medicine" means any school of medicine or school of osteopathic medicine that meets the standards or requirements of a national medical school accrediting organization acceptable to the board.
(8) "Intern" or "resident" means any person who has completed a course of study at an acceptable school of medicine and who is enrolled in a postgraduate medical training program.
(9) "Physician assistant" means any person who is a graduate of an acceptable physician assistant training program, who is qualified by specialized education, training, and experience, and who has been licensed by the board to render patient services.
(10) "Graduate physician assistant" means a person who is a graduate of an approved program for the education and training of physician assistants and who meets all of the requirements in this chapter for licensure, but who:
(a) Has not yet taken and passed the certification examination but has been authorized by the board to render patient services under the direction of a supervising physician for a period of six (6) months; or
(b) Has passed the certification examination but who has not yet obtained a college baccalaureate degree and who has been authorized by the board to render patient services under the direction of a supervising physician for a period of not more than five (5) years.
(11) "International medical program" means any medical school, residency program, medical internship program, or entity that provides physicians with a medical education or training outside of the United States or Canada that is substantially similar to the medical education or training required to practice as a physician in Idaho and has been evaluated and certified by the educational commission for foreign medical graduates.
(12) "International physician" means any individual who:
(a) Was not a legal resident of the United States or Canada when they attended and matriculated from an international medical program;
(b) Has been granted a medical doctorate or substantially similar degree by an international medical program of good standing;
(c) Has completed a residency or post-graduate medical training;
(d) Has practiced medicine as a physician in good standing with the regulatory institution in such individual’s home country for at least three (3) years after the completion of post-graduate medical training or completed at least five hundred (500) hours of clinical experience under direct physician supervision in a clinical setting in the United States;
(e) Has practiced medicine within the last five (5) years or has a waiver from the board; and
(f) Possesses basic fluency in the English language as demonstrated by a passing score on the occupational English test for medicine or other equivalent exam approved by the board.
(13) "Sponsoring entity" means an entity, corporation, or organization, whether for profit or nonprofit, that furnishes, bills, or is paid for health care procedures or service delivery in the normal course of business, and includes but is not limited to health systems, hospitals, freestanding emergency departments, independent physician practices, primary care clinics, and urgent care clinics.
[54-1803, added 1977, ch. 199, sec. 4, p. 537; am. 1998, ch. 177, sec. 1, p. 659; am. 2010, ch. 89, sec. 1, p. 170; am. 2019, ch. 26, sec. 3, p. 53; am. 2022, ch. 246, sec. 15, p. 798; am. 2023, ch. 12, sec. 1, p. 48; am. 2024, ch. 216, sec. 2, p. 767.]
(1) Under the circumstances described and subject in each case to limitations stated, the following persons, though not holding a license to practice medicine in this state, may engage in activities included in the practice of medicine:
(a) A medical officer of the armed forces of the United States, of the United States public health service, or of the United States department of veterans affairs, while engaged in the performance of his official duties;
(b) A person residing in another state or country and authorized to practice medicine there, who is called in consultation by a person licensed in this state to practice medicine, or who for the purpose of furthering medical education is invited into this state to conduct a lecture, clinic, or demonstration, while engaged in activities in connection with the consultation, lecture, clinic, or demonstration, as long as he does not open an office or appoint a place to meet patients or receive calls in this state;
(c) A person authorized to practice medicine in another jurisdiction of the United States called upon to conduct an examination in Idaho for the purpose of offering testimony in a criminal or civil legal proceeding;
(d) A person authorized to practice medicine in another state or country while rendering medical care in a time of disaster or while caring for an ill or injured person at the scene of an emergency and while continuing to care for such person;
(e) An intern or resident who is registered with the board as provided in this chapter and while engaged in programs authorized pursuant to rules of the board or a physician assistant licensed by the board;
(f) A person authorized or licensed by this state to engage in activities which may involve the practice of medicine if acting within the scope of that license;
(g) A person engaged in good faith in the practice of the religious tenets of any church or religious beliefs;
(h) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;
(i) A person rendering aid in an emergency, where no fee for the service is contemplated, charged or received;
(j) A person authorized to practice medicine in another jurisdiction of the United States who briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for that treatment or service and is approved by the state medical board;
(k) A person administering a family remedy to a member of the family;
(l) A person who administers treatment or provides advice regarding the human body and its functions and who:
(i) Does not use legend drugs or prescription drugs in such practice;
(ii) Uses natural elements such as air, heat, water and light;
(iii) Uses only class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;
(iv) Uses only vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements;
(v) Does not perform surgery; and who
(vi) Requires each person receiving services to sign a declaration of informed consent that includes an overview of the health care provider’s education which states that the health care provider is not an "M.D." or "D.O." and is not licensed under the provisions of this chapter; or
(m) A physician or physician assistant licensed and in good standing in another jurisdiction of the United States or credentialed in another country who:
(i) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and
(ii) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.
(2) Nothing in subsection (1)(m) of this section shall be construed to permit a physician or physician assistant to provide care or consultation to any person residing in this state, other than a person specified in subsection (1)(m) of this section. Further, nothing in subsection (1)(m) of this section shall be construed to permit a physician or physician assistant to practice at a licensed health care facility in this state or to have prescriptive rights in this state unless in accordance with federal law.
(3) Except as provided in subsection (1) of this section, it shall constitute a felony for any person to practice medicine in this state without a license and upon conviction thereof shall be imprisoned in the state prison for a period not to exceed five (5) years, or shall be fined no more than ten thousand dollars ($10,000), or shall be punished by both such fine and imprisonment.
(4) Except as provided in subsection (1)(a), (b), (c), and (d) of this section, it is unlawful for any person to assume or use the title or designation "medical doctor," "medical physician," "osteopathic doctor," "osteopathic physician," "physician assistant," "M.D.," "D.O.," or "P.A.," or any other title, designation, words, letters, abbreviation, sign, card, or device to indicate to the public that such person is licensed to practice medicine pursuant to this chapter unless such person is so licensed and, upon conviction thereof, such person shall be imprisoned not to exceed one (1) year, or shall be fined no more than three thousand dollars ($3,000), or shall be punished by both fine and imprisonment.
(5) When a person has been the recipient of services constituting the unlawful practice of medicine, whether or not he knew the rendition of the services was unlawful, proof of the rendition of such unlawful services by the recipient or his personal representative in an action against the provider of such services for damages allegedly caused by the services constitutes prima facie evidence of negligence shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:
(a) The amount of any fees paid for the unlawful services.
(b) Reasonable attorney’s fees and court costs.
(6) The board may refer all violations of this section made known to it to appropriate prosecuting attorneys. The board may render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.
[54-1804, added 1977, ch. 199, sec. 5, p. 538; am. 1990, ch. 400, sec. 1, p. 1121; am. 1993, ch. 271, sec. 1, p. 908; am. 1998, ch. 177, sec. 2, p. 660.; am. 2011, ch. 301, sec. 1, p. 864; am. 2018, ch. 24, sec. 1, p. 42; am. 2019, ch. 26, sec. 4, p. 54.]
(1) There is hereby established in the division of occupational and professional licenses a state board of medicine to be composed of eleven (11) members.
(2)(a) Six (6) members shall be physicians who are licensed and engaged in the active practice of medicine in this state, one (1) member shall be licensed and engaged in the active practice of osteopathic medicine in this state, one (1) member shall be licensed and engaged in the active practice of podiatric medicine in this state, one (1) member shall be a physician assistant who is licensed and engaged in the active practice of medicine in this state, and two (2) members shall be public members.
(b) All members of the board shall be residents of this state.
(c) All members of the board shall be appointed by the governor for five (5) year terms and shall serve at the pleasure of the governor.
(d) Public members must be persons of integrity and good reputation who have lived in this state for at least five (5) years immediately preceding their appointment, who have never been authorized to practice a healing art, and who have never had a substantial personal, business, professional, or pecuniary connection with a healing art or with a medical education or health care facility, except as patients or potential patients.
(3) Appointments to fill vacancies occurring from some other reason than expiration of a term for which a member was appointed shall be made in the same manner as hereinabove set forth for the unexpired term.
(4) The board shall elect a chairman from its membership. The members of the board, except for state employees, shall be compensated as provided by section 59-509(p), Idaho Code. Six (6) members of the board shall constitute a quorum, and the board may act by virtue of a majority vote of members present at a meeting.
[54-1805, added 1977, ch. 199, sec. 6, p. 540; am. 1980, ch. 247, sec. 64, p. 627; am. 1990, ch. 106, sec. 1, p. 213; am. 1998, ch. 39, sec. 1, p. 166; am. 2000, ch. 469, sec. 125, p. 1586; am. 2016, ch. 340, sec. 22, p. 943; am. 2019, ch. 26, sec. 5, p. 56; am. 2021, ch. 222, sec. 16, p. 630; am. 2026, ch. 217, sec. 3, p. 907.]
The board shall have the authority to:
(1) Establish rules, subject to legislative approval, for administration of this chapter.
(2) Review investigations and examinations as authorized by this section and by section 54-1806A, Idaho Code.
(3) Operate, manage, superintend and control the licensure of physicians and physician assistants.
(4) Perform such other duties as set forth in the laws of this state.
(5) Provide such other services and perform such other functions as are necessary to fulfill its responsibilities.
(6) Share with the department of labor personal identifying information of persons licensed under the provisions of this chapter necessary for the department of labor to identify workforce shortage areas in Idaho. The information provided to the department of labor concerning any person licensed under this chapter shall remain confidential and not subject to public disclosure, as required in section 74-106, Idaho Code.
(7)(a) Collect and review data and information concerning maternal mortality in the state of Idaho. The board shall have the power throughout the state of Idaho to require the production of all information relating to any incidence of maternal mortality.
(b) The board shall provide an annual summary report no later than January 31 each year to the legislature on the number of instances of maternal mortality and other information as determined by the board.
[54-1806, added 1977, ch. 199, sec. 7, p. 541; am. 2000, ch. 332, sec. 2, p. 1117; am. 2010, ch. 88, sec. 1, p. 169; am. 2013, ch. 115, sec. 1, p. 276; am. 2015, ch. 141, sec. 140, p. 486; am. 2018, ch. 348, sec. 10, p. 807; am. 2019, ch. 26, sec. 6, p. 57; am. 2021, ch. 221, sec. 8, p. 612; am. 2023, ch. 12, sec. 2, p. 49; am. 2024, ch. 67, sec. 1, p. 333; am. 2026, ch. 221, sec. 10, p. 938.]
The board of medicine shall create a committee on professional discipline which shall have the authority under the direct supervision and control of the board to conduct professional disciplinary enforcement investigations under this chapter and particularly under sections 54-1810 and 54-1814, Idaho Code, and to recommend appropriate action to the board with respect thereto. The committee on professional discipline shall have no authority to impose sanctions or limitations or conditions on licenses issued under this chapter and shall be authorized only to make recommendations to the board with respect thereto. The board shall provide as follows respecting the committee on professional discipline:
(1) Membership. The committee shall consist of five (5) members appointed by the board: four (4) members licensed to practice medicine and surgery in the state of Idaho, two (2) of whose terms shall expire at midnight on June 30 in each of two (2) successive years, and one (1) member who is an adult Idaho citizen of good reputation who shall not be licensed to practice medicine in the state of Idaho, whose term shall expire at midnight on June 30 in the year in which no physician member’s term shall expire. All terms of appointment shall be for three (3) years. No member of the committee on professional discipline may be appointed to serve more than two (2) terms.
(2) Chairman. The board of medicine shall designate one (1) member of the committee as its chairman who shall serve and function in that capacity for one (1) year or until a successor is duly appointed, whichever is later.
(3) Quorum. A majority of the currently appointed members shall constitute a quorum.
(4) Compensation. Members of the committee shall be compensated as provided by section 59-509(p), Idaho Code, from the occupational licenses fund for expenses incurred in the course of serving on the committee.
(5) Powers of the Committee on Professional Discipline. The committee shall be empowered and authorized:
(a) To recommend that the board initiate, for good cause, proceedings under the disabled physician and physician assistant act for any licensed physician or physician assistant incapacitated by illness, senility, disability, or addiction to drugs, intoxicants or other chemical or like substances.
(b) To recommend that the board provide by order for reciprocal discipline in cases involving the discipline of a licensed physician or physician assistant disciplined in any other jurisdiction, provided that such licensee or applicant shall be entitled to appear and show cause why such order should not apply in his or her case.
(6) Temporary Suspension or Restriction Pending Final Order. The board may temporarily suspend or restrict the license of any physician or physician assistant on its own motion or on verified petition of any person, pending further or final order, without prior hearing, simultaneously with or at any time after the institution of proceedings under this chapter, if it finds, that the physician or physician assistant, for reasons set forth by petition, affidavit, or other verified showing, or determined in reliance upon other reliable proof, is causing great harm to the public or to any patient or group of patients, or is imminently likely to cause such harm, for which reason he or she and his or her license to practice medicine should be immediately suspended or restricted or he or she should be specially controlled, suspended in or restricted from the practice of medicine. Thereafter the physician or physician assistant may, for good cause, request dissolution or amendment of any such temporary order by petition filed with the board, which petition shall be set for prompt hearing before a designated hearing officer, which officer shall forthwith hear said matter and report to the board his report and recommendations. The board, consistent with due process and the administrative procedure act, chapter 52, title 67, Idaho Code, shall rule on such petition for dissolution or amendment with the least amount of delay reasonably possible.
(7) Protected Action and Communication. There shall be no liability on the part of and no action for damages against:
(a) Any member of the board, the committee on professional discipline or the staff or officials thereof for any action undertaken or performed within the scope of the functions of the board or the committee under this chapter when acting in good faith and in the reasonable belief that such action is warranted; or
(b) Any person providing information or testimony to the board, the committee, or their staff or officials in good faith and in the reasonable belief that such information is accurate.
[54-1806A, added 1976, ch. 293, sec. 1, p. 1011; am. 1980, ch. 247, sec. 65, p. 628; am. 1982, ch. 323, sec. 1, p. 798; am. 1990, ch. 106, sec. 2, p. 214; am. 1990, ch. 213, sec. 77, p. 542; am. 1998, ch. 39, sec. 2, p. 168; am. 2000, ch. 332, sec. 1, p. 1112; am. 2015, ch. 141, sec. 141, p. 487; am. 2019, ch. 26, sec. 7, p. 58; am. 2022, ch. 246, sec. 16, p. 799; am. 2026, ch. 221, sec. 11, p. 939.]
Interns and residents must register with the board prior to the commencement of any activities constituting the practice of medicine in this state. Registration shall include disclosure of the applicant’s prior education and training, the program or course of study the intern or resident intends to follow, the physicians or group of physicians who will supervise the program or course of study and such other information as the board deems relevant. The board shall reserve the right to approve any such program or course of study. A registration fee shall be fixed by the board and registration must be renewed annually or biannually.
[54-1807, added 1977, ch. 199, sec. 8, p. 543; am. 1998, ch. 177, sec. 3, p. 662; am. 2010, ch. 89, sec. 2, p. 171; am. 2019, ch. 26, sec. 8, p. 62; am. 2023, ch. 12, sec. 3, p. 50.]
(1) Physician assistants must be licensed by the board prior to the commencement of activities that may involve the practice of medicine in this state. The licensure requirements for physician assistants shall include passage of an examination acceptable to the board and submission of a completed application to the board on forms furnished by the board. All applicants for original licensure as a physician assistant shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code. All physician assistants shall renew their licenses biennially.
(2) A physician assistant may practice at a licensed health care facility, a facility with a credentialing and privileging system, a physician-owned facility or practice, or another facility or practice allowed by this chapter. A physician assistant shall collaborate with, consult with, or refer to the appropriate member of the facility health care team as indicated by: the condition of the patient; the education, experience, and competence of the physician assistant; and the community standard of care. The degree and nature of collaboration shall be determined by the facility or practice in which the physician assistant works and shall be set forth in facility bylaws or procedures for facilities that have credentialing and privileging systems or in a written collaborative practice agreement for all other facilities and practices. Such provisions may provide for collaborative oversight to be provided by the employer, group, hospital service, or the credentialing and privileging systems of a licensed facility, but at a minimum shall require a physician assistant to collaborate with one (1) or more physicians licensed pursuant to this chapter. Such physicians need not be identified individually in the facility bylaws or procedures or collaborative practice agreement if more than one (1) physician works in the facility or practice. A physician assistant is responsible for the care provided by the physician assistant and is responsible for obtaining professional liability insurance if the physician assistant is not covered by the facility or practice in which the physician assistant works. A physician assistant may be employed by nonphysician health care providers if the physician assistant has a written collaborative practice agreement with one (1) or more physicians licensed pursuant to this chapter. Both the physician assistant and the physician who are parties to a collaborative practice agreement must comply with all requirements of this chapter and board rules. The collaborative practice agreement shall be provided to the board upon request.
(3) A physician assistant or a group of physician assistants may independently own a medical practice in this state provided that each physician assistant has a collaborative practice agreement in place with a physician licensed under this chapter. The collaborative practice agreement shall specify that the physician assistant must collaborate with, consult with, or refer to the collaborating physician or another appropriate physician as indicated by: the condition of the patient; the education, experience, and competence of the physician assistant; and the community standard of care. Both the physician assistant and the physician who are parties to the collaborative practice agreement must comply with all requirements of this chapter and board rules. The collaborative practice agreement shall be provided to the board upon request. Each physician assistant must be licensed, registered or certified as a physician assistant in any state, territory or jurisdiction of the United States for at least two (2) years before the physician assistant may independently own a practice in this state.
(4) The facility or practice and each collaborating physician are responsible for ensuring that the medical services performed by the physician assistant are within the physician assistant’s scope of education, experience, and competence. Each collaborating physician shall collaborate with the physician assistant on the performance of only those medical services for which the collaborating physician has training and experience.
(5) A physician assistant advisory committee is hereby established as follows:
(a) The physician assistant advisory committee shall consist of five (5) members appointed by the board. Four (4) members shall be physician assistants who are residents in this state and engaged in the active practice of medicine in this state, and one (1) member shall be a public member. Whenever a term of a member of the advisory committee expires or becomes vacant, the board shall give consideration to recommendations made by professional organizations of physician assistants and physicians or by any individual residing in the state. The board may remove any committee member for misconduct, incompetency or neglect of duty after giving the member a written statement of the charges and an opportunity to be heard thereon. The executive director of the Idaho state board of medicine shall serve as the executive director to the physician assistant advisory committee.
(b) Members will serve a term of three (3) years and terms will be staggered. Members may serve two (2) successive terms. The committee shall elect a chairman from its membership. The committee shall meet as often as necessary to fulfill its responsibilities. Members will be compensated according to section 59-509(p), Idaho Code.
(c) The physician assistant advisory committee shall not have authority to revoke licenses or impose limitations or conditions on licenses issued pursuant to this chapter. The committee has authority to make recommendations to the board. The board shall make all final decisions with respect thereto.
(d) The physician assistant advisory committee shall work in the following areas in conjunction with and make recommendations to the board and shall perform other duties and functions assigned to it by the board, including:
(i) Evaluating the qualifications of applicants for licensure and registration;
(ii) Performing investigations of misconduct and making recommendations regarding discipline;
(iii) Maintaining a list of currently licensed physician assistants and graduate physician assistants in this state; and
(iv) Advising the board on rule changes necessary to license and regulate physician assistants and graduate physician assistants in this state.
[54-1807A, added 2010, ch. 89, sec. 3, p. 172; am. 2013, ch. 47, sec. 1, p. 101; am. 2019, ch. 26, sec. 9, p. 62; am. 2021, ch. 60, sec. 1, p. 191; am. 2024, ch. 86, sec. 14, p. 398; am. 2024, ch. 101, sec. 4, p. 449.]
(1) The board shall issue licenses to practice medicine and osteopathic medicine to persons who have qualified therefor in accordance with the provisions of this act. The board may refuse licensure if it finds that the applicant has engaged in conduct prohibited by section 54-1814, Idaho Code. Provided, that the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances. Such licenses shall be issued after payment of a licensing fee in an amount to be fixed by the board, and such licenses shall be issued for a period of no more than five (5) years, the exact period to be fixed by the board. Licenses to practice medicine and osteopathic medicine shall be renewed on their expiration upon completion of a renewal application and upon payment of a renewal fee, the amount of which is to be fixed by the board.
(2) The board may renew on an inactive basis, the license of a physician or physician assistant who is not practicing medicine in this state. The board shall fix and collect an inactive license fee for each inactive license renewal, and each inactive license shall be issued for a period of no more than five (5) years, the exact period to be fixed by the board. A physician or physician assistant holding an inactive license may not engage in the practice of medicine in this state. If a person wishes to convert his inactive license to an active license, he must account to the board for that period of time in which he held an inactive license.
(3) Whenever the board determines that an applicant for a license to practice medicine or osteopathic medicine is not qualified for such a license pursuant to the provisions of this act, the board shall notify the applicant by certified mail of its denial of licensure and the reasons for denial.
[54-1808, added 1977, ch. 199, sec. 9, p. 543; am. 2019, ch. 26, sec. 10, p. 64.]
(1) In order to promote preceptorship experiences, a primary care health professional applying to renew a professional license as a physician or physician assistant shall track and report any hours spent acting as a preceptor to a graduate student in a qualified rural area during the prior two (2) years. A preceptor devoting three hundred sixty (360) hours or more during the prior two (2) years in a qualified rural area shall receive credit for such service in the form of continuing medical education credits or be accorded such other affirmative acknowledgment as the board of medicine shall determine is appropriate in considering the renewal of the preceptor’s license.
(2) For the purpose of this section, the following definitions apply:
(a) "Graduate student" means an individual matriculating at the graduate level at any accredited Idaho institution of higher education seeking a degree in any of the areas of doctor of osteopathy or physician assistant.
(b) "Preceptor" means a physician or physician assistant licensed pursuant to the provisions of this chapter.
(c) "Preceptorship" means an uncompensated mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision for a total of no less than one hundred eighty (180) hours per calendar year that is offered to eligible graduate students to enable the students to obtain professional degrees in primary care fields.
(d) "Primary care" shall have the meaning as provided in section 39-5903, Idaho Code.
(e) "Qualified rural area" means a primary care health professional shortage area or a medically underserved area, as those terms are defined in section 39-5903, Idaho Code.
[54-1808A, added 2025, ch. 195, sec. 2, p. 896.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-1809, added 2021, ch. 224, sec. 46, p. 676.]
Any person seeking to be licensed to practice medicine or osteopathic medicine as a physician in this state must successfully complete the following requirements before a license will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board, which shall require proof of graduation from a medical school acceptable to the board and successful completion of a postgraduate training program acceptable to the board. The application shall require a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(2) Each applicant must pass an examination conducted by or acceptable to the board that shall thoroughly test the applicant’s fitness to practice medicine. If an applicant fails to pass any step of the examination on two (2) separate occasions, the applicant may be required to be interviewed, evaluated, or examined by the board.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials.
(4) For an international physician licensed pursuant to section 54-1812, Idaho Code, successful completion of the three (3) year provisional license period shall constitute a postgraduate training experience acceptable to the board.
[54-1810, added 1977, ch. 199, sec. 10, p. 544; am. 1999, ch. 116, sec. 1, p. 350; am. 2003, ch. 126, sec. 1, p. 376; am. 2017, ch. 81, sec. 1, p. 224; am. 2019, ch. 26, sec. 12, p. 65; am. 2024, ch. 101, sec. 5, p. 451; am. 2024, ch. 216, sec. 3, p. 768; am. 2025, ch. 211, sec. 20, p. 992.]
Any person seeking to be licensed to practice medicine as a physician assistant in this state must successfully complete the following requirements before a license will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board, which shall require proof of a college baccalaureate degree from a nationally accredited school and completion of a physician assistant training program acceptable to the board and accredited by the accreditation review commission on education for physician assistants;
(2) Each applicant must submit proof of current certification by the national commission on certification of physician assistants or a similar certifying agency approved by the board; and
(3) The application shall require a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
[54-1810A, added 2019, ch. 26, sec. 13, p. 65; am. 2024, ch. 101, sec. 6, p. 451.]
Any person seeking to be licensed to practice medicine as a physician in this state who is licensed to practice medicine in another state must successfully complete the following requirements before a license to practice medicine will be issued:
(1) Each applicant must submit a completed written application to the board on forms furnished by the board, which shall require proof that the applicant holds a valid, unrevoked, unsuspended license to practice medicine or osteopathic medicine in a state, territory or district of the United States or Canada and the applicant demonstrates that he possesses the requisite qualifications to provide the same standard of health care as provided by licensed physicians in this state. The board may require further examination to establish such qualifications. An applicant with any disciplinary action, including past, pending, or confidential, by any board of medicine, licensing authority, medical society, professional society, hospital, medical school, or institution staff in any state, territory, district, or country is not eligible for licensure by endorsement.
(2) The application shall require a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-1811, added 1977, ch. 199, sec. 11, p. 545; am. 1999, ch. 116, sec. 2, p. 350; am. 2003, ch. 126, sec. 2, p. 377; am. 2017, ch. 81, sec. 2, p. 225; am. 2019, ch. 26, sec. 14, p. 66; am. 2024, ch. 101, sec. 7, p. 452.]
(1) The board shall grant a three (3) year provisional license to international physicians who:
(a) Submit a completed written application to the board on forms furnished by the board, which shall include proof of:
(i) Graduation from an international medical program;
(ii) Post-graduate medical training; and
(iii) Practice in the international physician’s home country or clinical experience required pursuant to section 54-1803(12)(d), Idaho Code;
(b) Have an offer for employment as a physician at any sponsoring entity that operates in the state of Idaho and employs a supervising physician who is:
(i) Licensed in Idaho and in good standing with the board;
(ii) A board-certified physician; and
(iii) Has institutional privileges;
(c) Report any past or pending disciplinary issues to the board and do not have disqualifying disciplinary issues as determined by the board; and
(d) Meet the qualifications described in this section.
(2) To be eligible for a provisional license, an international physician must be eligible to obtain federal immigration status that allows the international physician to practice as a physician in the United States. However, international physicians licensed pursuant to this section must obtain federal work authorization before commencing any work for the sponsoring entity.
(3) An international physician seeking a provisional license pursuant to this section must possess a passing score on the United States medical licensing examination (USMLE) 1 and 2. If an applicant fails to pass either step of the examination on two (2) separate occasions, the applicant may be required to be interviewed, evaluated, or examined by the board.
(4) The application shall require a fingerprint-based criminal history check as required by the administrator of the division of occupational and professional licenses.
(5) The board shall refuse to issue a license to an international physician if it finds that such applicant does not possess the requisite qualifications to provide the same standard of health care as provided by licensed physicians in this state.
(6) An international physician must notify the board of any changes in employment during the provisional licensure period. The board may suspend a provisional license granted pursuant to this section if the international physician is separated from a sponsoring entity during the provisional license period. However, the international physician shall get credit toward the provisional period for the time worked prior to separation.
(7) International physicians licensed pursuant to this section shall be subject to the disciplinary procedures of the board.
(8) At the conclusion of the three (3) year period, an international physician shall be eligible to apply for a full license pursuant to section 54-1810, Idaho Code, if:
(a) The international physician was employed and training for the full three (3) years;
(b) The supervising physician provides a letter of recommendation;
(c) The international physician is not the subject of an active investigation by the board; and
(d) The international physician has passed the USMLE 3 or equivalent exam as approved by the board.
(9) International physicians licensed pursuant to this section are subject to the provisions of section 54-1842, Idaho Code, for the purposes of the interstate medical licensure compact. The board may require additional information, as provided in this section, from any international physician from a member state seeking expedited licensure in Idaho under the interstate medical licensure compact pursuant to section 54-1845, Idaho Code.
[54-1812, added 2024, ch. 216, sec. 5, p. 769.]
(1) The board may by rule provide for the issuance of a temporary license to a person licensed to practice medicine or osteopathic medicine in some other state, territory, or district of the United States or Canada or to a person who is a diplomate of the national board of medical examiners or a diplomate of the national board of osteopathic medical examiners or to a physician assistant, excluding any volunteer license applicant, provided that such temporary license shall be issued only to persons who have made an application for a permanent license in this state. The board shall fix and collect a fee for a temporary license and it shall be valid from the date of issuance for one hundred twenty (120) days, unless extended by the board or its designated representative upon a showing of good cause.
(2) The board may by rule provide for temporary registration of interns and residents. The board shall fix and collect a fee for the temporary registration and shall specify the time period of the temporary registration.
[54-1813, added 1977, ch. 199. sec. 13, p. 546; am. 1998, ch. 177, sec. 4, p. 662; am. 2019, ch. 26, sec. 15, p. 67; am. 2023, ch. 155, sec. 1, p. 419; am. 2024, ch. 216, sec. 6, p. 770.]
Every person licensed to practice medicine, or registered as an intern or resident in this state is subject to discipline by the board pursuant to the procedures set forth in this chapter and rules promulgated pursuant thereto upon any of the following grounds:
(1) Being convicted of a felony, pleading guilty to a felony, or the finding of guilt by a jury or court of commission of a felony.
(2) Using false, fraudulent or forged statements or documents, diplomas or credentials in connection with any licensing or other requirements of this act.
(3) Practicing medicine under a false or assumed name in this or any other state.
(4) Advertising the practice of medicine in any unethical or unprofessional manner.
(5) Knowingly aiding or abetting any person to practice medicine who is not authorized to practice medicine as provided in this chapter.
(6) Performing or procuring an unlawful abortion or aiding or abetting the performing or procuring of an unlawful abortion.
(7) Providing health care which fails to meet the standard of health care provided by other qualified physicians or physician assistants in the same community or similar communities, taking into account his training, experience and the degree of expertise to which he holds himself out to the public.
(8) Dividing fees or gifts or agreeing to split or divide fees or gifts received for professional services with any person, institution or corporation in exchange for referral.
(9) Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.
(10) Inability to obtain or renew a license to practice medicine, or revocation, suspension, or other discipline of a license to practice medicine by any other state, territory, district of the United States or Canada, unless it can be shown that such action was not related to the competence of the person to practice medicine or to any conduct designated herein.
(11) Prescribing or furnishing narcotic or hallucinogenic drugs to addicted persons to maintain their addictions and level of usage without attempting to treat the primary condition requiring the use of narcotics.
(12) Prescribing or furnishing narcotic, hypnotic, hallucinogenic, stimulating or dangerous drugs for other than treatment of any disease, injury or medical condition.
(13) Failing to safeguard the confidentiality of medical records or other medical information pertaining to identifiable patients, except as required or authorized by law.
(14) Directly promoting the sale of drugs, devices, appliances or goods to a patient that are unnecessary and not medically indicated.
(15) Abandoning a patient.
(16) Willfully and intentionally representing that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
(17) Failing to supervise the activities of interns, residents, nurse practitioners, certified nurse-midwives, clinical nurse specialists, or physician assistants.
(18) Practicing medicine when a license pursuant to this chapter is suspended, revoked or inactive.
(19) Practicing medicine in violation of a voluntary restriction or terms of probation pursuant to this chapter.
(20) Refusing to divulge to the board upon demand the means, method, device or instrumentality used in the treatment of a disease, injury, ailment, or infirmity.
(21) Committing any act constituting a felony.
(22) Engaging in any conduct which constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the physician by the patient.
(23) Being convicted of or pleading guilty to driving under the influence of alcohol, drugs or other intoxicating substances or being convicted of or pleading guilty to other drug or alcohol related criminal charges.
(24) Failing to comply with a board order entered by the board.
(25) Failing to comply with the requirements of the abortion complications reporting act, chapter 95, title 39, Idaho Code.
(26) Engaging in a pattern of unprofessional or disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient. Such behavior does not have to have caused actual patient harm to be considered unprofessional or disruptive.
(27) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats of harassment against any patient, member of a board or committee on professional discipline, board staff, hearing officer, or witness in an attempt to influence the outcome of a disciplinary proceeding, investigation, or other legal action.
(28) Delegating professional responsibilities to:
(a) An unlicensed person when the licensee knows or has reason to know that such person is not qualified by training, experience, or license to carry them out; or
(b) A person licensed by this state to engage in activities which may involve the practice of medicine when the delegating licensee knows or has reason to know that the delegated activities are outside the licensed person’s scope of practice.
(29) Failure to report the charge or conviction of a felony to the board within thirty (30) days of the charge.
[54-1814, added 1977, ch. 199, sec. 14, p. 547; am. 1979, ch. 58, sec. 1, p. 152; am. 1992, ch. 73, sec. 1, p. 209; am. 1998, ch. 118, sec. 15, p. 446; am. 1998, ch. 177, sec. 5, p. 662; am. 2000, ch. 332, sec. 3, p. 1118; am. 2013, ch. 252, sec. 1, p. 622; am. 2018, ch. 225, sec. 3, p. 515; am. 2019, ch. 26, sec. 16, p. 67.]
Whenever any person is found violating any of the provisions of this chapter, the department or the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person from doing any of the acts above described, said action to be brought in the county in which said acts are claimed to have been or are being committed; and upon the filing of a verified petition in the district court of the county where said acts have been or are being committed, the court, or a judge thereof at chambers, if satisfied by affidavit or otherwise that the acts complained of have been or are being committed, shall issue a temporary injunction, without bond, as a matter of course, enjoining the defendant from the commission of any such act or acts. A copy of said verified complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in other civil cases. If the commission of said act or acts be established, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or a judge thereof, at chambers, may summarily try and punish the offender for his contempt of court.
[54-1815, added 1949, ch. 23, sec. 15, p. 27.]
A licensed physician or physician assistant possessing knowledge of a violation of section 54-1814, Idaho Code, by any other physician or physician assistant licensed to practice medicine in Idaho shall with reasonable promptness report such knowledge to the board of medicine or its duly authorized committee, agency or representative, and failure to do so shall subject such person to disciplinary action by the state board of medicine as in its discretion the board shall deem proper, pursuant to procedures provided in chapter 18, title 54, Idaho Code; provided, no person shall be civilly liable for communications, reports or acts of any kind made, given or handled under the provisions of this act. However, notwithstanding the foregoing, no physician or physician assistant shall be required to report, nor shall any physician or physician assistant report, any information known, learned or discovered by that person as a result of participation in peer review or access to peer review records, as defined in section 39-1392a, Idaho Code. This provision shall not relieve a health care organization of its notification obligations as set forth in section 39-1393, Idaho Code.
[54-1818, added 1976, ch. 192, sec. 1, p. 709; am. 2003, ch. 244, sec. 7, p. 634; am. 2019, ch. 26, sec. 18, p. 69.]
All papers, records, correspondence, communications and proceedings of the Idaho state board of medicine shall be open and public except as otherwise provided in chapter 1, title 74, Idaho Code.
[54-1820, added 1985, ch. 233, sec. 1, p. 554; am. 1990, ch. 213, sec. 78, p. 546; am. 2015, ch. 141, sec. 142, p. 490.]
(1) No physician-patient relationship is created between a physician licensed under this chapter and an individual not otherwise a patient of that physician when a physician is contacted by another physician or licensed health care practitioner who is treating the patient for a consultation or advice, if:
(a) The consulted physician does not examine the patient; and
(b) Such consultation or advice is given by the physician to the physician or health care practitioner treating the patient without expectation of compensation for providing such consultation or advice.
(2) A consulted physician who does not have a physician-patient relationship with a patient by virtue of this section shall not be named on any special verdict form concerning care provided to the patient unless there is a basis of liability to the patient independent of the consultation.
[54-1821, added 2010, ch. 353, sec. 1, p. 929.]
This act shall be known as the "Disabled Physician and Physician Assistant Act."
[54-1831, added 1976, ch. 290, sec. 1, p. 1000; am. 2019, ch. 26, sec. 20, p. 69.]
The license of any physician or physician assistant to practice medicine in this state shall be subject to restriction, suspension, or revocation, as hereinafter provided, in case of inability of the licensee to practice medicine with reasonable skill or safety to patients by reason of one (1) or more of the following:
(1) Mental illness;
(2) Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill; or
(3) Excessive use or abuse of drugs, including alcohol.
[54-1832, added 1976, ch. 290, sec. 2, p. 1000; am. 2019, ch. 26, sec. 21, p. 69.]
(1) If the board of medicine ("board") has reasonable cause to believe that a physician or physician assistant licensed to practice medicine in this state is unable to practice medicine with reasonable skill and safety to patients because of a condition described in section 54-1832, Idaho Code, the board shall serve upon the physician or physician assistant a notice of hearing on the sole issue of the capacity of the physician or physician assistant to competently and safely engage in the practice of medicine.
(2) Every physician and physician assistant who accepts the privilege of being licensed under this chapter gives consent to:
(a) Submitting at the licensee’s own expense to an immediate mental or physical examination when directed in writing by the board to do so; and
(b) The admissibility of the reports of the examining physician’s testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.
(3) The examination may be ordered by the board, only upon a finding of reasonable cause to believe:
(a) The physician or physician assistant is unable to practice medicine with reasonable skill and safety because of a condition described in section 54-1832, Idaho Code; and
(b) Immediate action by the board is necessary to prevent harm to patients or the general public.
(4) Failure of a physician to submit to the examination ordered under this section is a ground for the board’s immediate suspension of the physician’s license by written order.
[54-1833, added 1976, ch. 290, sec. 3, p. 1000; am. 2019, ch. 26, sec. 22, p. 69.]
(1) The board may proceed against a physician or physician assistant under this act by serving upon such physician or physician assistant at least fifteen (15) days’ notice of a time and place fixed for a hearing. Such notice shall be served upon the licensee either personally or by registered or certified mail with return receipt requested.
(2) At said hearing the licensee shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(3) The results of any examination ordered by the board pursuant to section 54-1833(c), Idaho Code, including evidence and testimony offered by the examining physician shall be admissible at said hearing, along with any other evidence, or witness testimony relevant to the licensee’s fitness to practice.
(4) At the conclusion of the hearing, the board shall make a determination of the merits and, if grounds therefor are found to exist, may issue an order imposing one (1) or more of the following:
(a) A recommendation that the licensee submit to the care, counseling, or treatment by physicians acceptable to the board; or
(b) Suspension or restriction of the licensee’s license to practice medicine for the duration of his impairment; or
(c) Revocation of the licensee’s license to practice medicine; and
(d) If grounds are not found to exist, the board shall enter its order so stating, shall dismiss the proceedings and shall provide the respondent a true copy thereof.
[(54-1834) 54-1837, added 1976, ch. 290, sec. 7, p. 1002; am. 1990, ch. 213, sec. 79, p. 547.; am. 2015, ch. 141, sec. 143, p. 490; am. and redesig. 2019, ch. 26, sec. 26, p. 70.]
(1) A physician or physician assistant whose license is suspended under section 54-1833(4) has the right to a hearing to appeal the suspension within ten (10) days after the license is suspended. The hearing held under this subsection shall be conducted in accordance with section 54-1834, Idaho Code, for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the licensee’s patients or the general public.
(2) A physician or physician assistant whose license is revoked, suspended, or in any way restricted under section 54-1833 or 54-1834, Idaho Code, may request that the board consider, at reasonable intervals, evidence presented by the physician or physician assistant under procedures established by rule, regarding any change in the licensee’s condition to determine whether the licensee is or is not able to safely and competently engage in the practice of medicine; and is qualified to have the physician or physician assistant license to practice under this chapter restored completely or in part.
[(54-1835) 54-1838, added 1976, ch. 290, sec. 8, p. 1004; am. and redesig. 2019, ch. 26, sec. 27, p. 72.]
All final decisions by the board of medicine shall be subject to judicial review pursuant to the procedures of the administrative procedure act, chapter 52, title 67, Idaho Code.
[(54-1836) 54-1839, added 1982, ch. 323, sec. 3, p. 804; am. and redesig. 2019, ch. 26, sec. 28, p. 72.]
(1) Upon application and qualification, the board may issue, without examination, a volunteer’s license to a physician or physician assistant who is retired from the active practice of medicine or osteopathic medicine to enable the retired physician or physician assistant to provide medical services to persons who, due to age, infirmity, indigence or disability, are unable to receive regular medical treatment.
(2) (a) For purposes of this section, a physician or physician assistant previously holding a license to practice medicine or osteopathic medicine with active status in Idaho or another state shall be considered to be retired if, prior to the date of application for a volunteer’s license:
(i) He has surrendered or allowed his license with active status to expire with the intention of ceasing to actively practice as a physician or physician assistant for remuneration;
(ii) He has converted his license with active status to a license with inactive status with the intention of ceasing to actively practice as a physician or physician assistant for remuneration; or
(iii) He has converted his license with active or inactive status to a license with retirement or similar status that proscribed the active practice of medicine or osteopathic medicine.
(b) A physician or physician assistant whose license had been restricted, suspended, revoked, surrendered, resigned, converted, or allowed to lapse or expire as the result of disciplinary action or in lieu of disciplinary action being taken shall not be eligible for a volunteer’s license.
(3) An application for a volunteer’s license shall include, but not be limited to, the following:
(a) Verification of graduation from an acceptable school of medicine or an acceptable osteopathic school of medicine or an acceptable physician assistant program;
(b) Verification from each state board in which the applicant was licensed that the applicant maintained his license in good standing without disciplinary action that restricted the applicant’s license or resulted in the applicant’s license being placed on probation, suspended, revoked or being surrendered, resigned or otherwise allowed to lapse or expire in lieu of disciplinary action;
(c) Verification that the applicant held a license in good standing in Idaho or another state as of the date upon which the physician or physician assistant became retired;
(d) Verification that the applicant held an active status license in good standing in Idaho or another state within five (5) years of the date of application for a volunteer’s license, provided that the board may waive the five (5) year requirement in the event that the applicant demonstrates that he possesses the knowledge and skills requisite to the practice of medicine or osteopathic medicine by successfully completing such examinations as are required by the board; and
(e) A notarized statement from the applicant on a form prescribed by the board, that the applicant will not provide any physician or physician assistant services to any person other than those permitted by the license and that the applicant will not accept any amount or form of remuneration, other than as reimbursement for the amount of actual expenses incurred as a volunteer physician or physician assistant, for any physician or physician assistant services provided under the authority of a volunteer’s license.
(4) A volunteer’s license shall be valid for that period specified for physicians or physician assistants in section 54-1808, Idaho Code, and may be renewed upon application of the licensee unless the license has been revoked in accordance with this section. The board shall maintain a register of all physicians or physician assistants who hold a volunteer’s license. The board shall not charge an application or licensing fee for issuing or renewing a volunteer’s license. A volunteer’s license cannot be converted to a license with active, inactive or temporary status.
(5) The board may revoke a volunteer’s license upon receiving proof satisfactory to the board that grounds existed for enforcement or disciplinary action against the holder of a volunteer’s license under other sections of this chapter or the administrative rules promulgated under this chapter.
[54-1841, added 2005, ch. 45, sec. 1, p. 173; am. 2010, ch. 235, sec. 39, p. 574; am. 2019, ch. 26, sec. 30, p. 72.]
The interstate medical licensure compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows in sections 54-1843 through 54-1866, Idaho Code.
[54-1842, added 2015, ch. 105, sec. 1, p. 248.]
In order to strengthen access to health care and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter and therefore requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
[54-1843, added 2015, ch. 105, sec. 1, p. 248.]
As used in this compact:
(1) "Bylaws" means those bylaws established by the interstate commission pursuant to section 54-1853, Idaho Code, for its governance, or for directing and controlling its actions and conduct.
(2) "Commissioner" means the voting representative appointed by each member board pursuant to section 54-1853, Idaho Code.
(3) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a guilty or equivalent plea to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
(4) "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
(5) "Interstate commission" means the interstate commission created pursuant to section 54-1853, Idaho Code.
(6) "License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
(7) "Medical practice act" means laws and rules governing the practice of allopathic and osteopathic medicine within a member state.
(8) "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government.
(9) "Member state" means a state that has enacted the compact.
(10) "Offense" means a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(11) "Physician" means any person who:
(a) Is a graduate of a medical school accredited by the liaison committee on medical education, the commission on osteopathic college accreditation or a medical school listed in the world directory of medical schools or its equivalent;
(b) Passed each component of the United States medical licensing examination (USMLE) or the comprehensive osteopathic medical licensing examination (COMLEX-USA) within three (3) attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;
(c) Successfully completed graduate medical education approved by the accreditation council for graduate medical education or the American osteopathic association;
(d) Holds specialty certification or a time-unlimited specialty certificate recognized by the American board of medical specialties or the American osteopathic association’s bureau of osteopathic specialists;
(e) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
(f) Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
(g) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;
(h) Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration; and
(i) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction.
(12) "Practice of medicine" means the clinical prevention, diagnosis or treatment of human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.
(13) "Rule" means a written statement by the interstate commission promulgated pursuant to section 54-1853, Idaho Code, that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
(14) "State" means any state, commonwealth, district or territory of the United States.
(15) "State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.
[54-1844, added 2015, ch. 105, sec. 1, p. 248; am. 2020, ch. 175, sec. 23, p. 526.]
(1) A physician must meet the eligibility requirements as defined in section 54-1844(11), Idaho Code, to receive an expedited license under the terms and provisions of the compact.
(2) A physician who does not meet the requirements of section 54-1844(11), Idaho Code, may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
[54-1845, added 2015, ch. 105, sec. 1, p. 250.]
(1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(a) The state of primary residence for the physician;
(b) The state where at least twenty-five percent (25%) of the physician’s practice of medicine occurs;
(c) The location of the physician’s employer; or
(d) The state designated as the physician’s state of residence for purpose of federal income tax, if no other state qualifies under paragraph (a), (b) or (c) of this subsection.
(2) A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in subsection (1) of this section.
(3) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
[54-1846, added 2015, ch. 105, sec. 1, p. 250.]
(1) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(2) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility to the interstate commission.
(a) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where the primary source is already verified by the state of principal license.
(b) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.
(c) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(3) Upon verification of eligibility pursuant to subsection (2) of this section, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (1) of this section, including the payment of any applicable fees.
(4) Upon verification of eligibility pursuant to subsection (2) of this section and any payment of fees pursuant to subsection (3) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.
(5) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(6) An expedited license obtained though the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason without redesignation of a new state of principal licensure.
(7) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
[54-1847, added 2015, ch. 105, sec. 1, p. 250.]
(1) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(2) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
[54-1848, added 2015, ch. 105, sec. 1, p. 251.]
(1) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(a) Maintains a full and unrestricted license in a state of principal license;
(b) Has not been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
(c) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(d) Has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.
(2) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(3) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(4) Upon receipt of any renewal fees collected pursuant to subsection (3) of this section, a member board shall renew the physician’s license.
(5) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(6) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
[54-1849, added 2015, ch. 105, sec. 1, p. 251.]
(1) The interstate commission shall establish a database of all physicians licensed or who have applied for licensure under the compact.
(2) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
(3) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(4) Member boards may report any nonpublic complaint, disciplinary or investigatory information not required by subsection (3) of this section to the interstate commission.
(5) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(6) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory or disciplinary matters.
(7) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
[54-1850, added 2015, ch. 105, sec. 1, p. 251.]
(1) Licensure and disciplinary records of physicians are deemed investigative.
(2) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(3) A subpoena issued by a member state shall be enforceable in other member states.
(4) Member boards may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(5) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
[54-1851, added 2015, ch. 105, sec. 1, p. 252.]
(1) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(2) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(3) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(a) Impose the same or lesser sanction against the physician so long as such sanction is consistent with the medical practice act of that state; or
(b) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately, for ninety (90) days upon entry of the order by the disciplining board, to permit the other member board to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety (90) day suspension period in a manner consistent with the medical practice act of that state.
[54-1852, added 2015, ch. 105, sec. 1, p. 252.]
(1) The member states hereby create the interstate medical licensure compact commission.
(2) The purpose of the commission is the administration of the interstate medical licensure compact, which is a discretionary state function.
(3) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth in the compact and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
(4) The interstate commission shall consist of two (2) voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one (1) representative from each member board. A commissioner shall be:
(a) An allopathic or osteopathic physician appointed to a member board;
(b) An executive director, executive secretary or similar executive of a member board; or
(c) A member of the public appointed to a member board.
(5) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
(6) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
(7) Each commissioner participating at a meeting of the interstate commission is entitled to one (1) vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (4) of this section.
(8) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting would be likely to:
(a) Relate solely to the internal personnel practices and procedures of the interstate commission;
(b) Discuss matters specifically exempted from disclosure by federal statute;
(c) Discuss trade secrets, commercial or financial information that is privileged or confidential;
(d) Involve accusing a person of a crime or formally censuring a person;
(e) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Discuss investigative records compiled for law enforcement purposes; or
(g) Specifically relate to the participation in a civil action or other legal proceeding.
(9) The interstate commission shall keep minutes that shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.
(10) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.
(11) The interstate commission shall establish an executive committee, which shall include officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.
(12) The interstate commission may establish other committees for governance and administration of the compact.
[54-1853, added 2015, ch. 105, sec. 1, p. 253.]
The interstate commission shall have the duty and the power to:
(1) Oversee and maintain the administration of the compact;
(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the compact;
(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules and actions;
(4) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means including, but not limited to, the use of judicial process;
(5) Establish and appoint committees including, but not limited, to an executive committee, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;
(6) Pay or provide for the payment of the expenses related to the establishment, organization and ongoing activities of the interstate commission;
(7) Establish and maintain one (1) or more offices;
(8) Borrow, accept, hire or contract for services of personnel;
(9) Purchase and maintain insurance and bonds;
(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents or consultants, and to determine their qualifications, define their duties and fix their compensation;
(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel;
(12) Accept donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of such items in a manner consistent with the conflict of interest policies established by the interstate commission;
(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, whether real, personal or mixed;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
(15) Establish a budget and make expenditures;
(16) Adopt a seal and bylaws governing the management and operation of the interstate commission;
(17) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;
(18) Coordinate education, training and public awareness regarding the compact, its implementation and its operation;
(19) Maintain records in accordance with the bylaws;
(20) Seek and obtain trademarks, copyrights and patents; and
(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
[54-1854, added 2015, ch. 105, sec. 1, p. 254.]
(1) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding on all member states.
(2) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(3) The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.
(4) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
[54-1855, added 2015, ch. 105, sec. 1, p. 255.]
(1) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve (12) months of the first interstate commission meeting.
(2) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.
(3) Officers selected pursuant to subsection (2) of this section shall serve without remuneration from the interstate commission.
(4) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(a) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person’s employment or duties for acts, errors or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(b) The interstate commission shall defend the executive director, its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(c) To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
[54-1856, added 2015, ch. 105, sec. 1, p. 255.]
(1) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(2) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.
(3) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
[54-1857, added 2015, ch. 105, sec. 1, p. 256.]
(1) The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities or actions of the interstate commission.
(3) The interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact or promulgated rules.
[54-1858, added 2015, ch. 105, sec. 1, p. 256.]
(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(2) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
[54-1859, added 2015, ch. 105, sec. 1, p. 257.]
(1) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or the rules and bylaws of the interstate commission promulgated under the compact.
(2) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, the bylaws or promulgated rules, the interstate commission shall:
(a) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and
(b) Provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature and each of the member states.
(5) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state or the withdrawal of a member state.
(6) The member state that has been terminated is responsible for all dues, obligations and liabilities incurred through the effective date of termination, including obligations, the performance of which extends beyond the effective date of termination.
(7) The interstate commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(8) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
[54-1860, added 2015, ch. 105, sec. 1, p. 257.]
(1) The interstate commission shall attempt upon the request of a member state to resolve disputes which are subject to the compact and which may arise among member states or member boards.
(2) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution, as appropriate.
[54-1861, added 2015, ch. 105, sec. 1, p. 258.]
(1) Any state is eligible to become a member state of the compact.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven (7) states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(3) The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
(4) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
[54-1862, added 2015, ch. 105, sec. 1, p. 258.]
(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(4) The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt of notice as provided under subsection (3) of this section.
(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(6) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(7) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
[54-1863, added 2015, ch. 105, sec. 1, p. 258.]
(1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect. The business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
[54-1864, added 2015, ch. 105, sec. 1, p. 258.]
(1) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of the compact shall be liberally construed to effectuate its purposes.
(3) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
[54-1865, added 2015, ch. 105, sec. 1, p. 259.]
(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(2) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(3) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(4) All agreements between the interstate commission and the member states are binding in accordance with their terms.
(5) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
[54-1866, added 2015, ch. 105, sec. 1, p. 259.]
(1) As used in this section:
(a) "Board" means the state board of medicine.
(b) "Bridge year physician" means a person who:
(i) Is within the first year of graduation from a medical school accredited or provisionally accredited by an entity recognized by the board;
(ii) Is a United States citizen or attended medical school in the United States; and
(iii) Applied to, but was not accepted into, an accredited medical residency training program.
(2) The board shall establish a one (1) year, nonrenewable limited license under which bridge year physicians may practice medicine under terms, conditions, and a scope of practice determined by the board. If there is a limit to the number of limited licenses that may be issued, priority shall be granted to bridge year physicians who live in Idaho or who have longstanding ties to the state of Idaho, as determined by the board.
(3) Persons practicing under a limited license established pursuant to this section shall:
(a) Practice only within the scope of practice determined by the board;
(b) Practice under the supervision of a licensed physician or pursuant to a collaborative practice agreement. The person practicing under a limited license shall qualify as one (1) of a supervising physician’s permitted advanced practice professionals. The board shall prescribe supervision requirements for limited licensees, provided that such requirements shall be no less stringent than supervision requirements for physician assistants;
(c) Have prescriptive authority as determined by the board; and
(d) Be subject to the same professional discipline, civil liability, and criminal liability as a fully licensed physician.
(4) The services provided by a person practicing under a limited license shall be compensable in accordance with customary medical billing practices.
(5) The board is authorized to:
(a) Take such actions as are necessary to implement the provisions of this section, including the promulgation of any necessary rules;
(b) Charge a fee of up to three hundred dollars ($300) for a limited license; and
(c) Cooperate with the department of health and welfare and other relevant entities, including hospitals and health care clinics, whether public or private, in establishing a limited license.
(6) No later than January 31, 2033, the board shall provide a report to the senate and house of representatives health and welfare committees on:
(a) Requirements for a limited license;
(b) The number of limited licenses issued and the number of limited license holders who were later accepted into a residency program; and
(c) Whether and how limited licenses have increased the supply of health care providers in health professional shortage areas.
[54-1867, added 2023, ch. 101, sec. 1, p. 301.]
(1) The legislature finds that it is in the best interests of the people of the state of Idaho to establish a process for licensure of public works contractors to be administered through the public works contractors license board. To assure that experienced and qualified contractors provide services to public entities in Idaho, the board is charged with licensing as provided in this chapter. Effective licensing procedures should assure that contractors of integrity provide work for which they have specific experience and expertise and that public facilities are constructed and rebuilt by efficient and cost-effective means. Licensing should also protect the public health and safety through judicious exercise of investigative, disciplinary and enforcement activities.
(2) For the interpretation of this chapter, unless the context indicates a different meaning:
(a) "Person" includes any individual, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization, or any combination thereof acting as a unit.
(b) "Public works contractor," which term is synonymous with the term "builder," "subcontractor" and "specialty contractor," and in this chapter referred to as "contractor" or "licensee," includes any person who, in any capacity, undertakes, or offers to undertake, or purports to have the capacity to undertake any construction, repair or reconstruction of any public work, or submits a proposal to, or enters into a contract with, the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or with any agency, or with any other public board, body, commission, department or agency, or officer or representative thereof, authorized to let or award contracts for the construction, repair or reconstruction of any public work.
(c) "Public works construction" includes any or all of the following branches:
(i) Heavy construction, which is defined as constructing substantially in its entirety any fixed works and structures (not including "building construction"), without limitation, for any or all of the following divisions of subjects: irrigation, drainage, sanitation, sewage, water power, water supply, reservoirs, flood control, reclamation, inland waterways, railroads, grade separations, track elevation, elevated highways, hydroelectric developments, aqueducts, transmission lines, duct lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cutoffs, intakes, drainage, excavation and disposal of earth and rocks, foundations, piers, abutments, retaining walls, viaducts, shafts, tunnels, airports, air bases and airways, and other facilities incidental to the same;
(ii) Highway construction, which is defined as all work included in highway construction contracts, including, without limitation, highways, roads, streets, bridges, tunnels, sewer and street grading, street paving, curb setting, surfacing and other facilities incidental to any of the same;
(iii) Building construction, which is defined as all work in connection with any structure now built, being built, or hereafter built, for the support, shelter and enclosure of persons, chattels, personal and movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts.
(iv) Specialty construction, which is defined as any work in connection with any public works construction, requiring special skill and the use of specially skilled trades or crafts.
(d) "Board" means the board created by this chapter under the name of "public works contractors license board."
(e) "Administrator" means the administrator of the division of occupational and professional licenses.
(f) "Year" means the fiscal year ending June 30, each year.
(g) "Federal aid funds" means a direct grant in aid, matching funds, or loan from an agency of the federal government and designated for a specific public works project. Revenue sharing funds, federal impact funds, timber stumpage fees, and similar indirect allowances and subsidies not designated for a specific public works project shall not be regarded as "federal aid funds" within the meaning of this section.
(h) "Government obligation" means a public debt obligation of the United States government or the state of Idaho and an obligation whose principal and interest is unconditionally guaranteed by the United States government or the state of Idaho.
(i) "Public entity" means the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof.
(j) "Bid" or "bidder" means any proposal submitted by a public works contractor to a public entity in competitive bidding for the construction, alteration, repair or improvement of any public works construction.
[54-1901, added 1941, ch. 115, sec. 1, p. 212; am. 1955, ch. 223, sec. 1, p. 480; am. 1982, ch. 140, sec. 1, p. 395; am. 1982, ch. 147, sec. 1, p. 409; am. 1986, ch. 67, sec. 1, p. 189; am. 1991, ch. 282, sec. 1, p. 727; am. 1999, ch. 201, sec. 1, p. 530; am. 2001, ch. 300, sec. 1, p. 1086; am. 2005, ch. 213, sec. 24, p. 658; am. 2023, ch. 15, sec. 45, p. 100.]
(1) It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, unless such person is particularly exempted as provided in this chapter.
(2) It shall be unlawful for any public works contractor to subcontract in excess of eighty percent (80%) of the work under any contract to be performed by him as such public works contractor according to the contract prices therein set forth, unless otherwise provided in the specifications of such contracts.
(3) Except as provided in subsection (4) of this section, it shall be unlawful for any public works contractor to:
(a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or
(b) Accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license in accordance with this chapter.
(4) No contractor shall be required to have a license under this chapter in order to submit a bid or proposal for contracts for public works financed in whole or in part by federal aid funds, provided that, at or prior to the award and execution of any such contract by the state of Idaho or any other contracting authority mentioned in this chapter, the successful bidder has secured a license as provided in this chapter.
(5) The administrator may, upon his own motion or at the direction of the board, and shall, upon the verified written complaint of any person, investigate allegations of unlicensed practice of public works contracting.
[54-1902, added 1941, ch. 115, sec. 2, p. 212; am. 1955, ch. 223, sec. 2, p. 480; am. 1982, ch. 147, sec. 2, p. 410; am. 1999, ch. 201, sec. 2, p. 531; am. 2001, ch. 300, sec. 2, p. 1087; am. 2002, ch. 127, sec. 1, p. 355; am. 2023, ch. 15, sec. 46, p. 102.]
This chapter shall not apply to:
(1) An authorized representative of the United States government, the state of Idaho, or any incorporated town, city, county, irrigation district, reclamation district or other municipal or political corporation or subdivision of this state.
(2) Officers of a court when they are acting within the scope of their office.
(3) Public utilities operating under the jurisdiction of the public utilities commission of the state of Idaho on construction, maintenance and development work incidental to their own business.
(4) The sale or installation of any finished products, materials or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure.
(5) Any construction, alteration, improvement or repair of personal property.
(6) Any construction, alteration, improvement or repair carried on within the limits and boundaries of any site or reservation, the title of which rests in the federal government.
(7) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, drainage districts or reclamation districts, except when performed by a person required to be licensed under this chapter.
(8) Duly licensed architects, licensed engineers, and land surveyors when acting solely in their professional capacity.
(9) Any construction, alteration, improvement or repair involving any single project involving any number of trades or crafts with an estimated cost of less than one hundred thousand dollars ($100,000).
(10) Any construction, operation, alteration or maintenance of a solid waste disposal site, including those operated by, for, or at the direction of a city or a county.
(11) Any construction, operation or repair carried on in response to an emergency that has been officially declared by the governor pursuant to the provisions of chapter 10, title 46, Idaho Code, or an emergency that has been declared by a governing body (city or county) in anticipation of a governor’s declaration, for a period of time not to exceed seven (7) calendar days.
(12) Any subcontractor performing work under the direct supervision of a licensed public works contractor who holds a Class "Unlimited," "AAA," "AA," or "A" license pursuant to section 54-1904, Idaho Code, if the value of the subcontracted work is less than one hundred thousand dollars ($100,000).
[54-1903, added 1941, ch. 115, sec. 3, p. 212; am. 1961, ch. 216, sec. 1, p. 345; am. 1979, ch. 109, sec. 4, p. 347; am. 1980, ch. 116, sec. 1, p. 254; am. 1987, ch. 71, sec. 1, p. 140; am. 1997, ch. 170, sec. 1, p. 484; am. 1999, ch. 201, sec. 3, p. 532; am. 2000, ch. 376, sec. 1, p. 1236; am. 2005, ch. 213, sec. 25, p. 659; am. 2017, ch. 197, sec. 2, p. 482; am. 2024, ch. 58, sec. 1, p. 275.]
(1) There shall be seven (7) classes of licenses issued under the provisions of this chapter, which are hereby designated as Classes Unlimited, AAA, AA, A, B, CC, and C, the maximum fee for which shall be as specified in this section. Each applicant for a license shall specify the class of license applied for in his application.
(2) For the purpose of licensing public works contractors under this chapter, the board may adopt rules necessary to determine the classification according to their responsibility and the type and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as in this chapter provided.
(3) The license classes shall be as follows:
(a) Class "Unlimited" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of more than five million dollars ($5,000,000) may, upon application and payment of a license fee not to exceed six hundred dollars ($600), be granted a Class "Unlimited" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "Unlimited" license shall be entitled to engage in the public works contracting business in this state as provided in said license. The renewal fee for a Class "Unlimited" license shall not exceed six hundred dollars ($600). An applicant requesting a Class "Unlimited" license in heavy, highway, specialty or building construction shall have a minimum net worth of one million dollars ($1,000,000) with six hundred thousand dollars ($600,000) in working capital.
(b) Class "AAA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than five million dollars ($5,000,000) may, upon application and the payment of a license fee not to exceed five hundred dollars ($500), be granted a Class "AAA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AAA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AAA" license shall not exceed five hundred dollars ($500).
(c) Class "AA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than three million dollars ($3,000,000) may, upon application and the payment of a license fee not to exceed four hundred dollars ($400), be granted a Class "AA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AA" license shall not exceed four hundred dollars ($400).
(d) Class "A" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than one million two hundred fifty thousand dollars ($1,250,000) may, upon application and the payment of a license fee not to exceed three hundred dollars ($300), be granted a Class "A" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "A" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "A" license shall not exceed three hundred dollars ($300).
(e) Class "B" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than six hundred thousand dollars ($600,000) may, upon application and the payment of a license fee not to exceed two hundred dollars ($200), be granted a Class "B" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "B" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "B" license shall not exceed two hundred dollars ($200).
(f) Class "CC" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than four hundred thousand dollars ($400,000) may, upon application and the payment of a license fee not to exceed one hundred fifty dollars ($150), be granted a Class "CC" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "CC" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "CC" license shall not exceed one hundred fifty dollars ($150).
(g) Class "C" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than two hundred thousand dollars ($200,000) may, upon application and the payment of a license fee not to exceed one hundred dollars ($100), be granted a Class "C" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "C" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "C" license shall not exceed one hundred dollars ($100).
(4) The board shall be vested with the power to fix annually the amount of the original and renewal license fees for each class of license for the ensuing license year. The amount of the license fee so fixed shall not exceed the maximum fee set forth in this section.
(5) Each license issued by the administrator shall clearly indicate the type and scope of work for which the licensee is qualified and licensed. The holder of the license shall be permitted to submit proposals for and perform only those types of work specified in each license. The administrator may extend the permissible type or scope of work to be done under any license when it is determined by the administrator that the applicant meets all of the requirements of this chapter to qualify him to do such other work.
(6) The total of any single bid on a given public works project, or the aggregate total of any split bids, or the aggregate of any base bid and any alternate bid items, or the aggregate total of any separate bid by a licensee of any class, except Class "Unlimited," shall not exceed the estimated cost or bid limit of the class of license held by the licensee. The aggregate total of bids shall include all bids of subcontractors. Subcontractor bids shall not be considered a separate bid for the purposes of computing the bid on a given public works project.
[54-1904, added 1941, ch. 115, sec. 4, p. 212; am. 1955, ch. 223, sec. 3, p. 480; am. 1965, ch. 227, sec. 1, p. 535; am. 1969, ch. 18, sec. 1, p. 30; am. 1973, ch. 92, sec. 1, p. 159; am. 1985, ch. 137, sec. 1, p. 374; am. 1991, ch. 14, sec. 1, p. 30; am. 1996, ch. 332, sec. 1, p. 1126; am. 1999, ch. 201, sec. 4, p. 533; am. 2001, ch. 300, sec. 3, p. 1088; am. 2006, ch. 80, sec. 1, p. 242; am. 2008, ch. 254, sec. 1, p. 744; am. 2012, ch. 63, sec. 1, p. 165; am. 2024, ch. 58, sec. 2, p. 275.]
Within thirty (30) days after any public works contractor who is required to be licensed pursuant to this chapter has been awarded a contract for construction to be performed within the state of Idaho involving the expenditure of any public moneys, the contract awarding agency shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. Upon written request of the state tax commission, the prime contractor, within thirty (30) days, shall file with the state tax commission a signed statement showing the date on which such contract was made or awarded, the names and addresses of the home offices of the contracting parties, including all subcontractors, the state of incorporation if the party is a corporation, the project number and a general description of the type and location of the work to be performed, the amount of the prime contract and all subcontracts, and all other relevant information which may be required on forms which may be prescribed by the state tax commission. The state tax commission shall forward to the administrator such information from the form as the administrator and the state tax commission agree is necessary for the administrator to fulfill the requirements of section 54-1913, Idaho Code. Every contractor or subcontractor whose name appears on any such notice shall be required to file income tax returns with the state tax commission and to pay all income taxes which may be due thereon pursuant to law for all years in which any public moneys were received by him in connection with any construction work which was performed within the state of Idaho.
[54-1904A, added 1963, ch. 292, sec. 1, p. 772; am. 1993, ch. 237, sec. 1, p. 820; am. 2005, ch. 213, sec. 26, p. 660; am. 2005, ch. 295, sec. 1, p. 935.]
(a) If an awarding authority for the public entity determines that a bidder is entitled to relief from a bid because of a mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required in section 54-1904C, Idaho Code. The report shall be available for inspection as a public record and shall be filed with the public entity soliciting bids.
(b) A bidder claiming a mistake satisfying all the conditions of section 54-1904C, Idaho Code, shall be entitled to relief from the bid and have any bid security returned by the public entity. Bidders not satisfying the conditions found in section 54-1904C, Idaho Code, shall forfeit any bid security. Bidders failing to execute a contract and not satisfying the conditions of a mistake shall also forfeit any bid security.
[54-1904B, added 1991, ch. 282, sec. 2, p. 728; am. 1999, ch. 201, sec. 5, p. 534.]
The bidder shall establish to the satisfaction of the public entity that:
(a) A clerical or mathematical mistake was made;
(b) The bidder gave the public entity written notice within five (5) calendar days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; and
(c) The mistake was material.
[54-1904C, added 1991, ch. 282, sec. 2, p. 729.]
A bidder who claims a mistake or who forfeits their bid security shall be prohibited from participating in any rebidding of that project on which the mistake was claimed or security forfeited.
[54-1904D, added 1991, ch. 282, sec. 2, p. 729; am. 1999, ch. 201, sec. 6, p. 535.]
If the public entity deems it is in its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder.
If the second lowest responsible bidder fails or refuses to execute the contract, the public entity may likewise award it to the next lowest responsible bidders.
On the failure or refusal of the second or next lowest responsible bidders to execute a contract, their bidder’s security shall be likewise forfeited. A public entity may determine it is in its best interests to cancel and rebid the public works project and retain any forfeited bid security.
[54-1904E, added 1991, ch. 282, sec. 2, p. 729; am. 1999, ch. 201, sec. 7, p. 535.]
There is hereby created and made part of the division of occupational and professional licenses a public works contractors license board. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter and to serve as secretary to the board. The board shall be composed of eight (8) members, who shall be appointed by the governor. One (1) member of the board shall be a person whose primary business is that of a "heavy construction" contractor, one (1) member shall be a person whose primary business is that of a "highway construction" contractor, one (1) member shall be a person whose primary business is that of a "building construction" contractor, one (1) member shall be a person whose primary business is that of a "specialty construction" contractor, as such construction terms are defined in this chapter, one (1) member shall be a subcontractor with a license no higher than a class "A," one (1) member shall be a "construction manager," one (1) member shall be a registered professional engineer, and one (1) member shall be a member of the general public with an interest in the rights of consumers of public works contracting services. All contractor members of the board shall be contractors holding a current unrevoked license at the time of their appointment, actively engaged in the contracting business and have been so engaged for a period of not less than five (5) years preceding the date of their appointment, and who shall so continue in the contracting business during their term of office. Each member of the board next preceding his appointment shall have been a citizen and resident of the state of Idaho for at least five (5) years. The governor shall appoint a member to said board for a term of three (3) years, and no member shall be appointed to more than two (2) consecutive terms. All members shall serve at the pleasure of the governor. Each member shall hold office after the expiration of their own term until their successor has been duly appointed and qualified. Vacancies on the board for any cause shall be filled by appointment by the governor for the balance of the unexpired term. Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of his duties, shall file with the secretary of state the constitutional oath of office.
[54-1905, added 1941, ch. 115, sec. 5, p. 212; am. 1955, ch. 223, sec. 4, p. 480; am. 1974, ch. 13, sec. 148, p. 138; am. 1998, ch. 410, sec. 2, p. 1272; am. 1999, ch. 201, sec. 8, p. 535; am. 2000, ch. 438, sec. 1, p. 1396; am. 2001, ch. 300, sec. 4, p. 1089; am. 2001, ch. 301, sec. 1, p. 1098; am. 2016, ch. 340, sec. 23, p. 944; am. 2021, ch. 222, sec. 17, p. 631.]
The board is authorized and directed to prescribe and amend rules consistent with this chapter for the administration of this chapter and to effectuate the purpose thereof, and for the investigation, classification, examination and licensing of public works contractors. The board shall adopt a seal, having upon it the words "Public Works Contractors License Board — State of Idaho." The care and custody of the seal shall be with the administrator. Any member of the board may administer oaths and may take testimony concerning all matters within the jurisdiction of the board.
[54-1907, added 1941, ch. 115, sec. 7, p. 212; am. 1999, ch. 201, sec. 10, p. 536; am. 2001, ch. 300, sec. 6, p. 1090.]
The board shall hold not less than two (2) regular meetings each year for the purpose of transacting such business as may properly come before it. Each year the board shall elect officers. Special or regular monthly meetings of the board may be held at such times as the board may provide in the rules. A majority of the board shall constitute a quorum. Two (2) members of the board may call a special meeting at any time. Due notice of each meeting of the board and the time and place thereof shall be given each member in the manner prescribed in the rules. Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code, and paid from the public works contractors license board fund.
[54-1908, added 1941, ch. 115, sec. 8, p. 212; am. 1955, ch. 223, sec. 5, p. 480; am. 1969, ch. 18, sec. 2, p. 30; am. 1980, ch. 247, sec. 66, p. 634; am. 1987, ch. 55, sec. 1, p. 91; am. 1998, ch. 410, sec. 3, p. 1273; am. 1999, ch. 201, sec. 11, p. 536; am. 2012, ch. 36, sec. 2, p. 107; am. 2013, ch. 187, sec. 9, p. 456; am. 2019, ch. 144, sec. 1, p. 495.]
Under such rules as the board may adopt, the administrator shall have the power and authority to investigate, classify, and to qualify applicants for licenses under this chapter, by written or oral examinations, or both.
The qualifications to be required of an applicant by the board are as follows:
(a) Such degree of experience, and such general knowledge of the building, safety, health and lien laws of the state, and of the rudimentary administrative principles of the contracting business, as may be deemed necessary by the board for the safety and protection of the public. The applicant if an individual may qualify as to the aforementioned experience and knowledge by personal appearance or by the appearance of his responsible managing employee, and if a copartnership or corporation, limited liability company, limited liability partnership and any other combination or organization, by the appearance of the responsible managing officer or member of the personnel of such applicant. If the person qualifying by examination as to experience and knowledge shall, for any reason whatsoever, cease to be connected with the licensee to whom the license is issued, such licensee shall so notify the administrator in writing within ten (10) days from such cessation. If such notice is given, the license shall remain in force for a reasonable length of time, to be determined by rules of the board. If such licensee fails to so notify the administrator within said ten (10) day period, then at the end of such ten (10) day period the license of such licensee shall be automatically suspended. A suspended license shall be reinstated upon the filing with the administrator of an affidavit executed by the licensee or a member of the suspended firm, to the effect that the individual originally examined for the firm has been replaced by another individual who has been qualified by examination as herein provided, and who shall not have had a license suspended or revoked, nor have been connected with any licensee who has had a license suspended or revoked for reasons that should preclude him from personally qualifying as to good character as herein required of an applicant.
(b) The possession by the applicant of good character. Lack of character may be established by showing any of the following:
(1) That the applicant has committed or done any act which, if committed or done by any licensed contractor, would be grounds for the suspension or revocation of a contractor’s license; or
(2) That the applicant has committed or done any act involving dishonesty, fraud or deceit whereby the applicant has been benefited or whereby some injury has been sustained by another; or
(3) That the applicant bears a bad reputation for honesty and integrity; or
(4) That the applicant has been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(c) That he has never been refused a license or had a license revoked for reasons that would preclude the granting of the license applied for.
(d) No license shall be issued to a corporation, copartnership, limited liability company, limited liability partnership or other combination or organization if any responsible officer of such corporation, or other combination or organization, or any member of such copartnership does not meet the qualifications required of an applicant other than those qualifications relating to knowledge and experience.
(e) To obtain an original license under this chapter, the applicant shall submit to the administrator, on such forms as the administrator shall prescribe, accompanied by the required fee for the class of license applied for, and in accordance with such rules as may be deemed necessary and adopted by the board in order to carry out the foregoing provisions of this section, a sworn written application for such license, containing the statement that the applicant desires the issuance of a license under the terms of this chapter. The information contained in such application forms shall include a complete statement of the general nature of the applicant’s contracting business, and stating concisely the applicant’s experience and qualifications as a contractor; the value and character of contract work completed and for whom performed during the three (3) year period prior to filing the application; a general description of the applicant’s machinery and equipment; a complete financial statement that may include a letter from the applicant’s bonding company stating the amount of the applicant’s bonding capability per project and in the aggregate, on such forms and disclosing such information as shall be required by the administrator, together with such additional information as may be required by the administrator to determine the applicant’s fitness for a license under this chapter. The application shall contain, if by an individual, the individual’s name, social security number and business address; if by a copartnership, its business address and the names and addresses of all partners; and if by a corporation, association, limited liability company, limited liability partnership or other organization, its business address and the names and addresses of the president, vice president, secretary, and chief construction managing officers, or responsible managing employee. A request for a licensing class higher than that for which the applicant qualifies must go to the administrator for review and may be approved up to the bond limit. A final appeal of a decision of the administrator may be made to the board.
[54-1910, added 1941, ch. 115, sec. 10, p. 212; am. 1969, ch. 18, sec. 3, p. 30; am. 1999, ch. 201, sec. 12, p. 537; am. 2001, ch. 300, sec. 7, p. 1090; am. 2001, ch. 301, sec. 2, p. 1099; am. 2020, ch. 175, sec. 24, p. 527.]
Applications for original licenses, together with the fees therefor, shall be filed with the administrator. After such examination and investigation as may be prescribed by rule, in accordance with the provisions of this chapter, if no valid reason exists for further investigation of applicant, the administrator shall issue a license to applicant permitting him to engage in business as a contractor under the terms of this chapter for the licensing period designated. If the information brought to the attention of the administrator concerning the character and integrity of an applicant is such that it would appear proper to deny the application, the applicant shall be notified by certified mail to show cause within such time, not less than five (5) days, nor more than thirty (30) days, why the application should not be denied.
Fees accompanying original applications under this section are for the administration and enforcement of the provisions of this chapter and shall not be refunded to the applicant.
[54-1911, added 1941, ch. 115, sec. 11, p. 212; am. 1955, ch. 223, sec. 6, p. 480; am. 1965, ch. 227, sec. 2, p. 535; am. 1980, ch. 130, sec. 1, p. 288; am. 1993, ch. 237, sec. 3, p. 820; am. 1999, ch. 201, sec. 13, p. 538; am. 2001, ch. 300, sec. 8, p. 1092.]
(1) All contractors required by the provisions of this section to be licensed, shall be licensed for a period of twenty-four (24) consecutive calendar months. License renewal shall be in accordance with the provisions of section 67-2614, Idaho Code.
(2) Application for renewal of a current license prior to its expiration date shall authorize operation as a contractor by such licensee until actual issuance of such renewal license for the ensuing twenty-four (24) months or until the final decision of the board is rendered in any proceeding. An applicant for renewal of a license issued under this chapter shall not be required to take any other or further examination to obtain such renewal license, provided that at the time of such application his license has not been suspended or permitted to lapse or expire for any cause for a period of one (1) year or more. All applications for renewal of license shall be made on forms prescribed by the administrator and shall be accompanied by the renewal fee and a complete current financial statement on such forms and disclosing such information as shall be required by rule, duly certified as true by the applicant, and if a copartnership, limited liability company or limited liability partnership by a member thereof, and if a corporation, by its executive or financial officer; such renewal application shall be filed prior to the first day of such renewal licensing period. Fees accompanying renewal applications under this section are for the administration and enforcement of the provisions of this chapter and shall not be refunded to the applicant.
(3) The license issued under this chapter shall be signed both by the administrator and by the licensee, shall be nontransferable, and shall be displayed in the licensee’s main office or chief place of business, and satisfactory evidence of the possession thereof and of the current renewal thereof shall be exhibited by licensee upon demand.
(4) A surviving member or members of a licensed copartnership, limited liability company or limited liability partnership by reason of death shall be entitled to continue in business under such license until the expiration date thereof, provided due application for permission is made to the administrator within thirty (30) days after death of the member, and the application is approved by the administrator in accordance with rules.
(5) All licensees shall report to the administrator all changes of personnel, name style or addresses recorded under this chapter within thirty (30) days after the changes are made.
[54-1912, added 1941, ch. 115, sec. 12, p. 212; am. 1955, ch. 223, sec. 7, p. 480; am. 1965, ch. 227, sec. 3, p. 535; am. 1969, ch. 18, sec. 4, p. 30; am. 1980, ch. 130, sec. 2, p. 288; am. 1993, ch. 237, sec. 4, p. 821; am. 1999, ch. 201, sec. 14, p. 539; am. 2001, ch. 300, sec. 9, p. 1093; am. 2024, ch. 86, sec. 15, p. 399.]
The administrator shall maintain, open to public inspection during office hours, a complete record of all retained applications, licenses issued, licenses renewed, data collected through the provisions of section 54-1904A, Idaho Code, and all revocations, cancellations and suspensions of licenses, and shall furnish a certified copy of any license issued, upon receipt of the sum of fifty cents (50¢), which certified copy shall be received in all courts and elsewhere as evidence of the facts stated therein.
Whenever funds are available for the purpose, the administrator shall publish a list of the names and addresses of contractors licensed under this chapter and such further information with respect to this chapter and its administration as the administrator deems proper. The administrator may furnish the lists to such public works and building departments, public officials or public bodies, and other persons interested in or allied with the building and construction industry in this or any other state as deemed advisable, and at such intervals as deemed necessary, whenever funds therefor are available. Copies of the lists may also be furnished by the administrator upon request to any firm or individual upon payment of a reasonable fee fixed by the board.
Whenever funds are available for the purpose, the administrator may publish and disseminate to licensees and to public officials or other persons interested in or allied with the building and construction industry, such information with relation to the administration and enforcement of this chapter as deemed necessary to carry out its purposes.
[54-1913, added 1941, ch. 115, sec. 13, p. 212; am. 1974, ch. 13, sec. 149, p. 138; am. 1980, ch. 130, sec. 3, p. 290; am. 1990, ch. 213, sec. 80, p. 548; am. 1993, ch. 237, sec. 5, p. 822; am. 1999, ch. 201, sec. 15, p. 540; am. 2001, ch. 183, sec. 23, p. 635; am. 2001, ch. 300, sec. 10, p. 1093; am. 2005, ch. 213, sec. 27, p. 661.]
(1) The administrator may upon his own motion or at the direction of the board, and shall upon the verified complaint in writing of any person, investigate the actions of any public works contractor within the state and may undertake to reclassify, retype, place on probation, defer or precondition licensure, impose an administrative fine not to exceed twenty thousand dollars ($20,000) per violation, temporarily suspend or permanently revoke any license if the holder, while a licensee or applicant hereunder, is guilty of or commits any one (1) or more of the following acts or omissions:
(a) Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor;
(b) Diversion of funds or property received under express agreement for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and their application or use for any other construction project or operation, obligation or purpose, with intent to defraud or deceive creditors or the owner;
(c) Willful departure from or disregard of plans or specifications in any material respect, and prejudicial to another, without consent of the owner or his duly authorized representative, and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications;
(d) Willful or deliberate disregard and violation of valid building laws of the state, or of any political subdivision thereof, or of the safety laws or labor laws or compensation insurance laws of the state;
(e) Misrepresentation of a material fact by an applicant in obtaining a license;
(f) Aiding or abetting an unlicensed person to evade the provisions of this chapter or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as agent or partner or associate or otherwise of an unlicensed person, with the intent to evade the provisions of this chapter;
(g) Failure in any material respect to comply with the provisions of this chapter;
(h) Acting in the capacity of a contractor under any license issued hereunder except: (1) in the name of the licensee as set forth upon the license; or (2) in accordance with the personnel of the licensee as set forth in the application for such license, or as later changed as provided in this chapter;
(i) Knowingly accepting a bid from or entering into a contract with another contractor for a portion of a public works project if at that time such contractor does not possess the appropriate license to do that work as provided in this chapter;
(j) Willful failure or refusal without legal excuse on the part of a licensee as a contractor to finish a construction project or operation with reasonable diligence, causing material injury to another;
(k) Willful or deliberate failure by any licensee, or agent or officer thereof, to pay any moneys when due, for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient funds therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased; or denial of any such amount due or the validity of the claim thereof with intent to secure for himself, his employer, or other person any discount upon such indebtedness or with intent to hinder, delay or defraud the person to whom such indebtedness is due;
(l) Suffers a change in financial circumstances which may impair the licensee’s financial responsibility;
(m) Holding oneself or one’s firm out as a public works contractor by engaging in any act meeting the definition or character of a public works contractor as defined herein without a legally required license; or
(n) Failure to comply with subsection (1), (2) or (3) of section 67-2310, Idaho Code.
(2) The administrator may upon his own motion or at the direction of the board, and shall upon the verified complaint in writing of any licensed public works contractor eligible to perform public works contracting duties, investigate the actions of any public entity within the state and may impose an administrative fine not to exceed five thousand dollars ($5,000) per violation if the public agency contracts for public works construction with an unlicensed or improperly licensed contractor or knowingly awards a contract based upon a bid or proposal not in compliance with subsection (1) or (2) of section 67-2310, Idaho Code.
(3) The assessment of costs and fees incurred to investigate and prosecute or defend a complaint under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-1914, added 1941, ch. 115, sec. 14, p. 212; am. 1965, ch. 227, sec. 4, p. 535; am. 1982, ch. 147, sec. 3, p. 410; am. 1999, ch. 201, sec. 16, p. 540; am. 2000, ch. 318, sec. 1, p. 1073; am. 2001, ch. 300, sec. 11, p. 1094; am. 2005, ch. 213, sec. 28, p. 661; am. 2007, ch. 127, sec. 1, p. 382; am. 2018, ch. 348, sec. 11, p. 808.]
(1) Upon the filing of a verified complaint with the administrator charging a licensee or public entity with the commission of any act constituting a cause for disciplinary action within two (2) years prior to the date of filing, or upon such a finding made by the administrator following an investigation, the administrator shall forthwith issue a notice, accompanied by a copy of the complaint, directing the licensee or public entity, within ten (10) days after service of the notice, to appear by filing with the administrator a verified answer to the complaint.
(2) The administrator shall have the power to appoint, by an order in writing, a hearing officer to take testimony, who shall have power to administer oaths, issue subpoenas and compel the attendance of witnesses.
(3) Service of the notice and complaint upon the licensee or public entity shall be fully effected by mailing a true copy of the notice and complaint by certified mail addressed to the licensee at his last address of record with the administrator or to the public entity at its principal place of business. Service of the notice and complaint shall be complete at the time of deposit in accordance with the provisions of the Idaho rules of civil procedure relating to service by mail.
(4) The hearing shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and the Idaho rules of administrative procedure.
(5) Following the hearing, the hearing officer shall issue recommended findings of fact, conclusions of law, and order. The recommended order may:
(a) Provide for the immediate complete suspension by the licensee of all operations as a contractor during the period fixed by the decision.
(b) Permit the licensee to complete any or all contracts shown by competent evidence taken at the hearing to be then uncompleted.
(c) Impose upon the licensee compliance with such specific conditions as may be just in connection with his operations as a contractor disclosed at the hearing and may further provide that until such conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the administrator.
(d) Provide for the imposition of any of the sanctions provided by section 54-1914, Idaho Code.
(6) Following a review of the entire hearing record, the administrator shall issue a final decision.
[54-1915, added 1941, ch. 115, sec. 15, p. 212; am. 1993, ch. 216, sec. 72, p. 651; am. 1999, ch. 201, sec. 18, p. 542; am. 2001, ch. 300, sec. 13, p. 1095; am. 2005, ch. 213, sec. 29, p. 663.]
(1) The applicant, public entity, or licensee, as the case may be, shall have the right to judicial review of an action of the administrator refusing issuance of a license, or actions taken by the board pursuant to section 54-1914, Idaho Code, in accordance with the provisions of chapter 52, title 67, Idaho Code.
(2) Appeals may be taken from the judgment of said district court to the supreme court of Idaho by either party in the same manner that appeals are taken and records prepared on appeal in civil actions.
(3) On any appeal to the district court by a licensee, the court may, in its discretion, upon the filing of a proper bond by the licensee in an amount to be fixed by the court, but not less than one thousand dollars ($1,000), guaranteeing the compliance by the licensee with specific conditions imposed upon him by the board’s decision, if any, permit the licensee to continue to do business as a contractor pending entry of judgment by the district court.
(4) On any appeal to the district court by a public entity, the court may, in its discretion, suspend the action taken by the board pursuant to section 54-1914, Idaho Code, pending entry of judgment by the district court.
[54-1916, added 1941, ch. 115, sec. 16, p. 212; am. 1993, ch. 216, sec. 73, p. 653; am. 1993, ch. 237, sec. 6, p. 823; am. 1999, ch. 201, sec. 19, p. 543; am. 2001, ch. 300, sec. 14, p. 1096; am. 2005, ch. 213, sec. 30, p. 664.]
After suspension or revocation of the license upon any of the grounds set forth in this chapter, the administrator may renew the license upon proof of compliance by the contractor with all provisions of the decision as to renewal or, in the absence of such decision or any provisions therein as to renewal, in the sound discretion of the administrator. After revocation of a license upon any of the grounds set forth in this chapter, the license shall not be renewed or reissued within a period of one (1) year after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with. At any time before a case is finally submitted to the board for decision, whether upon an original hearing, or upon a rehearing, a complaint or answer may, upon the motion of either party, and with the consent of the board, or upon the board’s own motion, be amended. If new charges are alleged in an amended complaint, the defendant may, upon request, be allowed ten (10) days to prepare his defense to such new charges.
[54-1917, added 1941, ch. 115, sec. 17, p. 212; am. 2001, ch. 300, sec. 15, p. 1097.]
In any investigation, proceeding or hearing which the administrator is empowered to institute, conduct or hold, the board, and each member thereof, may administer oaths, certify to official acts, issue subpoenas for the attendance of witnesses and the production of books, papers and records, in like manner and to the same extent as courts of record, and with their aid when necessary. The process issued by the board, or any member thereof, shall extend to all parts of the state and may be served by any person authorized to serve process, or by any person designated for that purpose by the board or a member thereof. The person executing any such process shall receive such compensation as may be allowed by the board and not to exceed the fees prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for the payment of fees for witnesses. Any citation, notice or other process or any paper or document required by this chapter to be served on any party may be personally served as provided in the code of civil procedure, with the same effect as if served by mail in the manner provided in this chapter.
[54-1918, added 1941, ch. 115, sec. 19, p. 212; am. 1999, ch. 201, sec. 20, p. 543; am. 2001, ch. 300, sec. 16, p. 1097.]
The suspension or revocation of a license as provided in this act may also be included in any action otherwise proper in any court involving the licensee’s performance of his legal obligation as a contractor.
[54-1919, added 1941, ch. 115, sec. 20, p. 212; am. 1999, ch. 201, sec. 21, p. 544.]
(1) Any person, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization acting in the capacity of a public works contractor within the meaning of this chapter, without a license as herein provided or fails to comply with the provisions of subsection (1), (2) or (3) of section 67-2310, Idaho Code, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year or by both such fine and imprisonment, at the discretion of the court. The same penalties shall apply, upon conviction to any member of a copartnership, or to any construction, managing or directing officer of any corporation, limited liability company or limited liability partnership, or other organization consenting to, participating in, or aiding or abetting any such violation of this chapter.
(2) Every public officer who knowingly lets a public contract to any person, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization who does not hold a license as required by the provisions of this chapter or knowingly fails to comply with the provisions of subsection (1) or (2) of section 67-2310, Idaho Code, shall be guilty of a misdemeanor and upon conviction, punishable as provided in this section, unless, however, there be no qualified bidder willing to undertake the public works covered by the contract. No person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and providing that he was a duly licensed contractor at all times during the performance of such act or contract.
[54-1920, added 1941, ch. 115, sec. 21, p. 212; am. 1955, ch. 223, sec. 8, p. 480; am. 1969, ch. 18, sec. 5, p. 30; am. 1999, ch. 201, sec. 22, p. 544; am. 2000, ch. 318, sec. 2, p. 1074; am. 2002, ch. 127, sec. 2, p. 356; am. 2007, ch. 127, sec. 2, p. 383; am. 2026, ch. 221, sec. 91, p. 974.]
Upon request of the administrator, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 54-1920, Idaho Code. The attorney general may delegate the authority and duty under this section to the prosecuting attorney of the county in which the action may arise.
[54-1920A, added 2002, ch. 127, sec. 3, p. 357.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-1921, added 2021, ch. 224, sec. 48, p. 676.]
Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this act, the provisions of this act shall control and supersede all such laws.
[54-1922, added 1941, ch. 115, sec. 23, p. 212; am. 1999, ch. 201, sec. 24, p. 545.]
This act shall be known as "Public Works Contractors License Act."
[54-1923, added 1941, ch. 115, sec. 24, p. 212.]
If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.
[54-1924, added 1941, ch. 115, sec. 25, p. 212; am. 1999, ch. 201, sec. 25, p. 545.]
This act may be cited as the Public Contracts Bond Act.
[54-1925, added 1965, ch. 28, sec. 1, p. 43.]
Before any contract equal to or greater than fifty thousand dollars ($50,000) for the construction, alteration, or repair of any public building or public work or improvement of the state of Idaho, or of any county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or of any officer, board, commission, institution, or agency of the foregoing, is executed, the person to whom such contract was awarded shall furnish to the state of Idaho, or to such county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or to such officer, board, commission, institution, or agency thereof, bonds that shall become binding upon the execution of the contract, and the person to whom the contract was awarded is hereinafter designated as "contractor":
(1) A performance bond in any amount to be fixed by the contracting body, but in no event less than eighty-five percent (85%) of the contract amount conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Said bond shall be solely for the protection of the public body executing the contract.
(2) A payment bond in an amount to be fixed by the contracting body but in no event less than eighty-five percent (85%) of the contract amount, solely for the protection of persons supplying labor or materials, or renting, leasing, or otherwise supplying equipment to the contractor or his subcontractors in the prosecution of the work provided for in such contract.
(3) Public bodies requiring a performance bond or payment bond in excess of fifty percent (50%) of the total contract amount shall not be authorized to withhold from the contractor or subcontractor any amount exceeding five percent (5%) of the total amount payable as retainage. Further, the public body shall release to the contractor any retainage for those portions of the project accepted by the contracting public body and the contractors as complete within thirty (30) days after such acceptance. Contractors, contracting with subcontractors pursuant to contract work with a public body, shall not be authorized to withhold from the subcontractor any amount exceeding five percent (5%) of the total amount payable to the subcontractor as retainage. The contractor shall remit the retainage to the subcontractor within thirty (30) days after completion of the subcontract.
Each bond shall be executed by a surety company or companies duly authorized to do business in this state, or the contractor may deposit any of the type of government obligations listed in subsection (2)(h) of section 54-1901, Idaho Code, in lieu of furnishing a surety company performance or payment bond or bonds. In the case of contracts of the state or a department, board, commission, institution, or agency thereof the aforesaid bonds shall be payable to the state, or particular state agency where authorized. In case of all other contracts subject to this chapter, the bonds shall be payable to the public body concerned.
Said bonds shall be filed in the office of the department, board, commission, institution, agency or other contracting body awarding the contract.
Nothing in this section shall be construed to limit the authority of the state of Idaho or other public body hereinabove mentioned to require a performance bond or other security in addition to these, or in cases other than the cases specified in this chapter.
It shall be illegal for the invitation for bids, or any person acting or purporting to act, on behalf of the contracting body to require that such bonds be furnished by a particular surety company, or through a particular agent or broker.
[54-1926, added 1965, ch. 28, sec. 2, p. 43; am. 1979, ch. 124, sec. 1, p. 383; am. 1980, ch. 199, sec. 1, p. 460; am. 1986, ch. 67, sec. 2, p. 191; am. 1992, ch. 141, sec. 1, p. 434; am. 1999, ch. 166, sec. 1, p. 453; am. 2005, ch. 213, sec. 31, p. 664.; am. 2017, ch. 197, sec. 3, p. 483.]
(a) If a person is required under a law of the state of Idaho to give a surety bond, the person may give a government obligation, as defined in subsection (2)(h) of section 54-1901, Idaho Code. The government obligation shall:
(1) Be given to the official having authority to approve the surety bond, or its authorized custodian;
(2) Be in an amount equal at fair market value to the penal sum of the required surety bond; and
(3) Authorize the official receiving the obligation to collect or sell the obligation if the person defaults on a required condition.
(b) (1) An official receiving a government obligation under subsection (a) of this section may deposit it with:
The state treasurer;
A national or state chartered bank; or
A depository designated by the state treasurer.
(2) The state treasurer, bank, or depository shall issue a safekeeping receipt that describes the obligation deposited.
(c) Using a government obligation instead of a surety bond for security is the same as using:
(1) A corporate surety bond;
(2) A certified check;
(3) A bank draft;
(4) A post office money order; or
(5) Cash.
(d) When security is no longer required, a government obligation given instead of a surety bond shall be returned to the person giving the obligation. If a person supplying labor or material to a contractor defaulting under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, files with the contracting body the application and affidavit provided under section 54-1927, Idaho Code, the contracting body:
(1) May return to the contractor the government obligation given as security or proceeds of the government obligation given under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, only after the ninety (90) day period for bringing a civil action under section 54-1927, Idaho Code;
(2) Shall hold the government obligation or the proceeds subject to the order of the court having jurisdiction of the action if a civil action is brought in the ninety (90) day period.
(e) The provisions of this section do not affect the:
(1) Priority of a claim of the contracting body against a government obligation given under this section;
(2) Right or remedy of the contracting body for default on an obligation provided under this section;
(3) Authority of a court over a government obligation given as security in a civil action; and
(4) Authority of an official of the state of Idaho authorized by another law to receive a government obligation as security.
(f) To avoid frequent substitution of government obligations, the state treasurer may promulgate rules limiting the effect of the provisions of this section, to a government obligation maturing more than one (1) year after the date the obligation is given as security.
[54-1926A, added 1986, ch. 67, sec. 3, p. 192; am. 1992, ch. 17, sec. 1, p. 50; am. 2005, ch. 213, sec. 32, p. 665.]
Every claimant who has furnished labor or material or rented, leased, or otherwise supplied equipment in the prosecution of the work provided for in such contract in respect of which a payment bond is furnished under this act, and who has not been paid in full therefor before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by him or material or equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action to final judgment for the sum or sums justly due him and have execution thereon; provided, however, that any such claimant having a direct contractual relationship with a subcontractor of the contractor furnishing such payment bond but no contractual relationship expressed or implied with such contractor shall not have a right of action upon such payment bond unless he has given written notice to such contractor within ninety (90) days from the date on which such claimant performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the person to whom the material or equipment was furnished or supplied or for whom the labor was done or performed. Each notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business or at his residence.
The contracting body and the agent in charge of its office, is authorized and directed to furnish, to anyone making application therefor who submits an affidavit that he has supplied labor, equipment, or materials for such work and payment therefor has not been made or that he is being sued on any such bond, or that it is the surety thereon, a certified copy of such bond and the contract for which it was given, which copy shall be prima-facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of the preparation thereof.
Every suit instituted on the aforesaid payment bond shall be brought in appropriate court in any county in which the contract was to be performed and not elsewhere; provided, however, that no such suit shall be commenced after the expiration of one (1) year from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material or equipment for which such suit is brought, except, that if the claimant is a subcontractor of the contractor, no such suit shall be commenced after the expiration of one (1) year from the date on which final payment under the subcontract became due.
[54-1927, added 1965, ch. 28, sec. 3, p. 43; am. 1980, ch. 199, sec. 2, p. 461.]
Any public body subject to this act which shall fail or neglect to obtain the delivery of the payment bond as required by this act, shall, upon demand, itself promptly make payment to all persons who have supplied materials or performed labor in the prosecution of the work under the contract, and any such creditor shall have a direct right of action upon his account against such public body in any court having jurisdiction in any county in which the contract was to be performed and executed which action shall be commenced within one (1) year after the furnishing of materials or labor.
[54-1928, added 1965, ch. 28, sec. 4, p. 43.]
In any action brought upon either of the bonds provided herein, or against the public body failing to obtain the delivery of the payment bond, the prevailing party, upon each separate cause of action, shall recover a reasonable attorney’s fee to be taxed as costs.
[54-1929, added 1965, ch. 28, sec. 5, p. 43.]
The terms "person" and "claimant" and the masculine pronoun as used in this act shall include individuals, associations, copartnerships, or corporations.
[54-1930, added 1965, ch. 28, sec. 6, p. 43.]
Sections 54-2001 through 54-2081, Idaho Code, shall be known and may be cited as "Idaho Real Estate License Law."
[54-2001, added 2000, ch. 285, sec. 3, p. 910.]
No person shall engage in the business or act in the capacity of real estate broker or real estate salesperson in this state without an active Idaho real estate license therefor. Unless exempted from this chapter, any single act described within the definitions of "real estate broker" or "real estate salesperson" shall be sufficient to constitute "engaging in the business" within the meaning of this chapter. Any person who engages in the business or acts in the capacity of real estate broker or salesperson in this state, with or without an Idaho real estate license, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the Idaho real estate commission and shall be subject to all penalties and remedies available under Idaho law for any violation of this chapter.
[54-2002, added 2000, ch. 285, sec. 3, p. 911; am. 2015, ch. 51, sec. 1, p. 111.]
(1) Exceptions to licensure. Except as otherwise stated below, an Idaho real estate license is not required for the following:
(a) The purchase, option, exchange or sale of any interest in real property, or business opportunity for a person’s own account or use;
(b) The acquisition, exchange or other disposition of any interest in real property or business opportunity by its owner or a regular employee of the owner, acting within the scope of his or her employment;
(c) The sale, exchange, purchase or other disposition of any interest in real property or business opportunity by a duly authorized attorney in fact whose power of attorney is granted for the purpose of consummating a single transaction involving the conveyance of a single or undivided interest in a parcel of real property or in a business opportunity;
(d) The acquisition or other disposition of any interest in real property or business opportunity by the following parties only if such acquisition or disposition is undertaken in the performance of their duties as:
(i) A receiver, trustee in bankruptcy, legal guardian or conservator;
(ii) An administrator, executor or personal representative of an estate;
(iii) Any person selling pursuant to the default provisions of a deed of trust, or any duly authorized agent thereof.
(e) The acquisition or other disposition of any interest in real property or business opportunity by an attorney at law in connection with client representation, and if the attorney is not regularly engaged in the conduct or business of real estate broker or salesperson.
(2) Active real estate licensees. An actively licensed real estate broker, associate broker or salesperson must comply with this chapter, regardless of whether the licensee otherwise qualifies for any of the exceptions of subsection (1) of this section.
(3) Transactions involving personal property. An active licensee who, while acting on behalf of another, for compensation or for a promise or expectation of compensation, sells, lists, buys or negotiates, or offers to sell, list, buy or negotiate, the purchase or sale of a mobile home, manufactured home or floating home as defined by Idaho law, shall comply with this chapter regardless of whether such activity would otherwise require an Idaho real estate license.
(4) Exceptions to licensure shall not be used in any way to evade the purposes of this chapter. Any such attempt to evade this chapter shall be considered the unlicensed and unlawful practice of real estate.
[54-2003, added 2000, ch. 285, sec. 3, p. 911; am. 2003, ch. 65, sec. 1, p. 212.]
As used in this chapter:
(1) "Accredited college or university" means an institution accredited by the regional accrediting associations, as reported in the most current publication of the accredited institutions of postsecondary education.
(2) "Acting in this state" means and includes dealing with any interest in real property, or a business opportunity involving an interest in real property, that is situated in the state of Idaho, or conducting or attempting to conduct or solicit real estate business with residents of the state of Idaho.
(3) "Active license" means the status of a real estate license that has not been inactivated, expired, terminated, suspended or revoked.
(4) "Associate broker" means an individual who has qualified personally as a real estate broker in Idaho under this chapter, but is licensed under, associated with and represents a designated broker in the performance of any act described in subsection (39) of this section.
(5) "Branch office" means an office operated by a licensed real estate broker or licensed legal business entity, separate and apart from the main office. A branch office may be licensed or unlicensed, in accordance with this chapter.
(6) "Broker price opinion" means a written price opinion of the estimated price for identified real property prepared or rendered by an actively licensed broker or associate broker, for a purpose other than a prospective listing or sale, and that complies or purports to comply with the requirements and content provision of section 54-4105, Idaho Code.
(7) "Brokerage company" means a real estate business, whether a sole proprietorship, a legal entity, or any other licensed person engaged in acts requiring a real estate license in Idaho, that is conducting or holding itself out as conducting the business of real estate through a designated broker.
(8) "Brokerage representation agreement" means a written contract between a buyer, seller, or both, and a real estate brokerage for agency representation in a regulated real estate transaction.
(9) "Business conduct and office operations course" means the component of the advanced real estate course that is required in order to obtain a broker license and that teaches business practices and office operations of the brokerage, including recordkeeping, trust account procedures and the laws governing those practices.
(10) "Business day" means and includes each day of the week except Saturday, Sunday or any other legal holiday enumerated in section 73-108, Idaho Code.
(11) "Business name" means the name in which the brokerage company is licensed by the commission.
(12) "Business opportunity" means and includes an established business, goodwill of an established business, or any interest therein, other than a lease, or any one (1) or combination thereof, where a sale or transfer of real property is involved in the transaction.
(13) "Commercial real estate" means a business opportunity as defined in this section, or any real estate other than real property improved by one (1) to four (4) residential dwelling units. Commercial real estate does not include residential dwelling units such as condominiums, townhouses or homes in a subdivision when that real estate is sold, leased or otherwise conveyed on a unit-by-unit basis, even though the units may be part of a larger building or parcel of real estate containing more than four (4) units. Commercial real estate does not include property used in association with any agricultural operation or agricultural facility as those terms are defined in section 22-4502, Idaho Code, and that is zoned to allow the agricultural use.
(14) "Commission" means the Idaho real estate commission, unless the context clearly indicates a different meaning.
(15) "Commission core course" means the annual course covering the twelve (12) month period between July 1 and June 30, which contains curriculum identified by the commission that stresses that year’s trends in real estate practices and changes in laws in real estate-related industries. A core course must contain no more than four (4) classroom hours of instruction.
(16) "Continuing education elective course" means a real estate course offering, other than the commission core course for which continuing education credit hours may be obtained as provided in section 54-2023, Idaho Code.
(17) "Convicted" means a plea of nolo contendere or guilty, a jury verdict of guilty or a court decision of guilt whether or not a judgment or sentence has been imposed, withheld or suspended.
(18) "Cooperative sale" means a transaction involving two (2) or more brokers.
(19) "Council" means the Idaho real estate education council.
(20) "Dealer in options" means any person, firm, partnership, association or corporation who shall directly or indirectly take, obtain or use options to purchase, exchange, lease option or lease purchase real property or any interest therein for another or others whether or not the options shall be in his or its name and whether or not title to the property shall pass through the name of the person, firm, partnership, association or corporation in connection with the purchase, sale, exchange, lease option or lease purchase of the real property, or interest therein.
(21) "Designated broker" means an individual who is licensed as a real estate broker in Idaho and who is designated by the brokerage company to be responsible for the supervision of the brokerage company and the activities of any associated licensees in accordance with this chapter.
(22) "Distance learning course" means, in relation to a real estate course offering, a real estate course that is delivered not as a live course but through a medium in which the instructor and student are separated by both distance and time.
(23) "Double contract" means two (2) or more written or unwritten contracts of sale, purchase and sale agreements, loan applications, or any other agreements, one (1) of which is not made known to the prospective loan underwriter or the loan guarantor, to enable the buyer to obtain a larger loan than the true sales price would allow, or to enable the buyer to qualify for a loan that he or she otherwise could not obtain. An agreement or loan application is not made known unless it is disclosed in writing to the prospective loan underwriter or loan guarantor.
(24) "Executive director" means the executive director of the Idaho real estate commission.
(25) "Expired license" means the status of a license when the license period has expired and the license is not renewed or provisional license granted, and before the license is terminated.
(26) "Fee or commission" means a payment, actual, promised or expected, as compensation for the performance of any act requiring a real estate license.
(27) "Inactive license" means the status of a license that is not expired, terminated, suspended or revoked, and during which inactive period the license holder is not authorized to act as or associate with a designated broker.
(28) "Legal business entity" means and includes any type of corporation, partnership, limited liability company or limited liability partnership, a governmental entity, trust or other entity capable of conducting business.
(29) "Licensee" means any person who is licensed in accordance with this chapter to engage in the business or act in the capacity of real estate broker, associate broker or real estate salesperson.
(30) "Limited broker" means a broker individually qualified to do business in Idaho, but who may not have associate brokers or salespersons licensed with that broker.
(31) "Live presentation" means, in reference to a real estate course offering, a real estate course that is personally presented by the instructor and personally attended by the student at the same facility, or, if separated by distance, the instructor and student are connected by contemporaneous, two-way audio and visual communication.
(32) "Main office" means the principal location where the real estate broker is licensed to transact business.
(33) "Out-of-state broker" means a person who holds the equivalent of an active Idaho designated broker license in another jurisdiction who is not licensed as a real estate broker under this chapter.
(34) "Out-of-state sales associate" means a person who holds the equivalent of an active Idaho salesperson or associate broker license in another jurisdiction who is not licensed as a salesperson or associate broker under this chapter.
(35) "Person" means and includes an individual, or any legal business entity.
(36) "Post license course" means a commission-approved or certified elective course that is specifically oriented toward salespersons in their first two (2) years of Idaho practice. The course must contain no more than twelve (12) classroom hours of instruction.
(37) "Primary Idaho license" means an Idaho real estate license that is not contingent upon continuance of a license in another state or jurisdiction.
(38) "Provisional license" means an extension of the period of active licensure, beyond the licensee’s expiration date, granted by the commission for the purpose of allowing the licensee to complete the continuing education requirements set forth in section 54-2023, Idaho Code, or for any other purpose allowed by this chapter.
(39) "Real estate broker" means and includes:
(a) Any person other than a real estate salesperson who, directly or indirectly, while acting for another for compensation or a promise or an expectation thereof, engages in any of the following: sells, lists, buys, or negotiates, or offers to sell, list, buy or negotiate the purchase, sale, option or exchange of real estate or any interest therein or business opportunity or interest therein for others;
(b) Any actively licensed broker while, directly or indirectly, acting on the broker’s own behalf;
(c) Any person who represents to the public that the person is engaged in any of the activities in this subsection;
(d) Any person who directly or indirectly engages in, directs, or takes any part in the procuring of prospects or in the negotiating or closing of any transaction which does or is calculated to result in any of the acts in this subsection;
(e) A dealer in options as defined in this section.
(40) "Real estate salesperson" or "salesperson" means any person who has qualified and is licensed as a real estate salesperson in Idaho under this chapter and is licensed under, associated with, and represents a designated broker in the performance of any act described in subsection (39) of this section.
(41) "Real estate settlement procedures act" means the real estate settlement procedures act of 1974, as amended, 12 U.S.C. 2601 et seq., and as in effect on January 1, 2008.
(42) "Regular employee" means an individual who performs a service for wages or other compensation and whose employer withholds federal employment taxes under a contract of hire, written or oral, express or implied.
(43) "Regulated real estate transaction" means those real estate transactions for which a real estate license is required under chapter 20, title 54, Idaho Code.
(44) "Responsible broker" means the designated broker in the regulated real estate transaction who is responsible for the accounting and transaction files for the transaction, in the manner described in section 54-2048, Idaho Code.
(45) "Revoked license" means a license that has been permanently revoked by the issuing authority.
(46) "Sales associate" means a salesperson or an associate broker licensed under and associated with a designated broker.
(47) "State or jurisdiction" means and includes any state or territory of the United States, the District of Columbia and any foreign jurisdiction that issues real estate licenses substantially similar to those provided for in this chapter.
(48) "Successfully completed" means, in reference to a real estate course offering, completing all required course hours and, except where the licensee seeks continuing education credit for having regularly attended the live presentation of a course, passing a commission-approved assessment or final examination.
(49) "Surrendered license" means a license that has been voluntarily terminated or surrendered by a licensee who, at the time of the voluntary termination or surrender, was under investigation or named in a formal administrative complaint.
(50) "Suspended license" means a license that has been temporarily suspended by the issuing authority.
[54-2004, added 2000, ch. 285, sec. 3, p. 912; am. 2001, ch. 123, sec. 1, p. 418; am. 2002, ch. 220, sec. 1, p. 606; am. 2002, ch. 280, sec. 1, p. 817; am. 2003, ch. 16, sec. 14, p. 61; am. 2005, ch. 107, sec. 1, p. 334; am. 2006, ch. 166, sec. 1, p. 501; am. 2007, ch. 98, sec. 1, p. 283; am. 2008, ch. 144, sec. 1, p. 235; am. 2011, ch. 108, sec. 1, p. 275; am. 2014, ch. 42, sec. 1, p. 98; am. 2014, ch. 67, sec. 1, p. 170; am. 2015, ch. 51, sec. 2, p. 111; am. 2017, ch. 232, sec. 1, p. 564; am. 2021, ch. 261, sec. 1, p. 802.]
There is hereby created in the division of occupational and professional licenses the Idaho real estate commission, for the purpose of administering this chapter. The commission shall consist of five (5) members who shall be appointed by the governor and who shall serve at the pleasure of the governor. Members who are licensed under this chapter shall be appointed as follows: one (1) from the northern district consisting of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner counties; one (1) from the southeastern district consisting of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock counties; one (1) from the southwestern district consisting of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley counties; and one (1) from the south central district consisting of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties.
[54-2005, added 2000, ch. 285, sec. 3, p. 914; am. 2016, ch. 340, sec. 24, p. 945; am. 2021, ch. 222, sec. 18, p. 632.]
(1) Four (4) members of the commission shall be actively licensed Idaho-designated real estate brokers or associate brokers who have had at least five (5) years’ active license experience as a designated broker or associate broker in the real estate business in Idaho. One (1) member shall be a member of the public from the state at large with an interest in the rights of consumers of real estate services.
(2) Each regular appointment, other than an appointment to fill an unexpired term, shall commence on July 1 of the year of appointment and be for a term of four (4) years. Each commissioner shall hold office until a qualified successor is appointed. Upon the death, resignation or removal of any member of the commission, the governor shall appoint a qualified person to fill out the unexpired term.
(3) Each year, the commission shall call a meeting and elect a chair, a vice chair, and a commissioner to serve on the Idaho real estate education council. Thereafter, the chair may call meetings of the commission whenever he or she deems it advisable, but if the chair refuses to call a meeting upon written demand of a quorum of the commission, then such members may call the meeting.
[54-2006, added 2000, ch. 285, sec. 3, p. 914; am. 2016, ch. 340, sec. 25, p. 945; am. 2020, ch. 87, sec. 1, p. 233; am. 2021, ch. 221, sec. 9, p. 613.]
Members shall be compensated as provided by section 59-509(n), Idaho Code. The commission is charged with administering and enforcing all provisions of this chapter, and is expressly vested with the power and authority to make and enforce any and all reasonable rules as it deems necessary for administering and enforcing this chapter.
[54-2007, added 2000, ch. 285, sec. 3, p. 914.]
An education council consisting of six (6) members, four (4) of whom are to be appointed by the Idaho real estate commission, plus one (1) commissioner and the commission’s executive director, may be established to act as an advisory group to the commission, and to perform functions as set forth in this chapter and in the council’s bylaws, which bylaws must be approved by the commission. The council shall recommend to the commission real estate education policy and course content quality for all education courses approved by the commission as meeting the education requirements of this chapter and its rules, and for such other courses or clinics deemed advisable by the commission for promoting higher standards of practice in the real estate business. The council will prepare for approval by the commission any additional recommended procedures or guidelines for certifying educational courses, instructors and providers.
[54-2008, added 2000, ch. 285, sec. 3, p. 914.]
One (1) member of the council shall be named from each of the four (4) geographic districts of the state: north, south, east and west. The education director of the commission shall serve as the council executive at all council meetings and functions. Each education council member shall be appointed for a term of four (4) years. The commission may remove any council member for neglect of duty, for incompetency, or for unprofessional, dishonorable or any other conduct which the commission believes interferes with that person’s ability to properly act or serve as a council member.
[54-2009, added 2000, ch. 285, sec. 3, p. 915.]
Members of the education council are not employees of the state of Idaho, but shall be reimbursed expenses in the same manner as state employees in addition to a per diem allowance in the same amount as that received by the commissioners for each day of approved service.
[54-2010, added 2000, ch. 285, sec. 3, p. 915.]
(1) The commission may issue a primary Idaho real estate license to any individual, sole proprietorship or legal business entity in accordance with the requirements of this chapter. An individual may be licensed as a real estate salesperson, an associate broker or a designated broker acting for a sole proprietorship or legal business entity.
(2) The commission may issue a nontransferable cooperative license to any out-of-state broker. The cooperative license shall authorize the out-of-state broker to work in cooperation with an actively licensed Idaho real estate designated broker for the purpose of one (1) Idaho commercial real estate transaction.
[54-2011, added 2000, ch. 285, sec. 3, p. 915; am. 2010, ch. 213, sec. 1, p. 462; am. 2017, ch. 232, sec. 2, p. 568.]
(1) Requirements for all individual primary licenses. Unless a qualification is waived or modified by the commission for good cause and upon special consideration, and except as provided in section 54-2015, Idaho Code, each person seeking a primary Idaho real estate license as a salesperson, associate broker, or designated broker shall meet all of the following minimum qualifications:
(a) Be an individual;
(b) Be eighteen (18) years of age or older;
(c) Furnish satisfactory proof that the applicant graduated from an accredited high school or its equivalent, including a nonpublic school, or holds a certificate of general education;
(d) Not have had a real estate or other professional or occupational license suspended or surrendered, or the renewal refused, for a disciplinary violation involving fraud, misrepresentation, or dishonest or dishonorable dealing in Idaho or any other jurisdiction within five (5) years immediately prior to the date the application for license is submitted to the commission;
(e) Not have had a real estate or other professional or occupational license revoked for a disciplinary violation involving fraud, misrepresentation, or dishonest or dishonorable dealing in Idaho or any other jurisdiction; provided that, after a period of five (5) years from the date the license was revoked, the applicant may make a written request to the commission for an exemption review to determine the applicant’s suitability for licensure, which the commission shall determine in accordance with the following:
(i) The exemption review shall consist of a review of any documents relating to the disciplinary action that resulted in the license revocation and any supplemental information provided by the applicant regarding his suitability for licensure. The commission may, at its discretion, grant an interview of the applicant.
(ii) During the review, the commission shall consider the following factors and evidence:
The severity or nature of the disciplinary violation for which the applicant’s license was revoked;
The period of time that has passed since the disciplinary violation occurred;
The existence, number, and pattern of any other misconduct for which the applicant has been disciplined;
The circumstances surrounding the disciplinary violation that would help the commission determine the risk of repetition;
The relationship of the disciplinary violation to the licensed practice of real estate; and
The applicant’s activities since the disciplinary violation under review, such as employment, education, participation in treatment, payment of restitution, or any other factors that may be evidence of current rehabilitation.
(iii) The applicant shall bear the burden of establishing his current suitability for licensure.
(f) Not have been convicted of or completed any sentence of confinement for or on account of any misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing in a state or federal court within five (5) years immediately prior to the date the application for license is submitted to the commission;
(g) Not have been convicted of any felony in a state or federal court or convicted by military general court-martial; provided that, after a period of five (5) years from the date the person was convicted or completed any term of probation, sentence or confinement, or period of parole, whichever is later, the applicant may make written request to the commission for an exemption review to determine the applicant’s suitability for licensure, which the commission shall determine in accordance with the following:
(i) The exemption review shall consist of a review of any documents relating to the felony and any supplemental information provided by the applicant regarding his suitability for licensure. The commission may, at its discretion, grant an interview of the applicant.
(ii) During the review, the commission shall consider the following factors or evidence:
The severity or nature of the felony;
The period of time that has passed since the felony under review;
The number or pattern of felonies or other similar incidents;
The circumstances surrounding the crime that would help determine the risk of repetition;
The relationship of the crime to the licensed practice of real estate; and
The applicant’s activities since the crime under review, such as employment, education, participation in treatment, payment of restitution, or any other factors that may be evidence of current rehabilitation.
(iii) The applicant shall bear the burden of establishing his current suitability for licensure.
(h) Complete all prelicense education requirements, as provided for in section 54-2022, Idaho Code, for a salesperson’s or broker’s license;
(i) Pass the commission-approved real estate licensing exam for a sales or broker license in the time and manner stated in section 54-2014, Idaho Code, and pay the required exam fees;
(j) Be fingerprinted for the purpose of a national criminal history check to determine whether the applicant is qualified for licensure in accordance with section 67-9411A, Idaho Code. If the fingerprints are returned to the commission as illegible, the applicant shall, upon request from the commission, be fingerprinted again and file the new fingerprints with the commission;
(k) Sign and file with the commission an irrevocable consent to service, appointing the commission’s executive director to act as the licensee’s agent, on whom all judicial and other process or legal notices directed to such licensee may be served, and consenting that any lawful process against the licensee that is served on the executive director shall be of the same legal force and validity as if served on the licensee and that the authority shall continue in force as long as any liability remains outstanding in this state. Upon receipt of any such process or notice, the executive director shall immediately mail a copy of the same by certified mail to the last known address of the licensee. All licensees shall provide the commission a full and current mailing address and shall notify the commission in writing of any change in mailing address within ten (10) business days of the change;
(l) If licensing as an active salesperson or associate broker, provide the name and physical address of the main business location of the designated broker with whom the applicant will be licensed and the signature of that broker; or, if licensing as a designated broker, provide the name and physical address of the main business location. No Idaho sales associate may be licensed under or associated with more than one (1) Idaho broker at a time;
(m) Submit a properly completed application and all license, application, and other fees listed in section 54-2020, Idaho Code, or as otherwise required by statute or rule; and
(n) Provide satisfactory proof of meeting the mandatory errors and omissions insurance requirement for real estate licensees as stated in section 54-2013, Idaho Code.
(2) Additional requirements for broker and associate broker licenses. Applicants seeking a primary Idaho license as a broker or associate broker shall meet the additional following qualifications:
(a) Provide satisfactory evidence of having been actively engaged, on a full-time basis, for two (2) years as a licensed real estate salesperson within the last five (5) years immediately prior to the date on which the individual makes application. Such evidence shall demonstrate the productiveness of the licensed activity to have been generally commensurate with that of other licensees practicing in a similar capacity. Listings, sales, options, or other licensed activities may be considered by the commission in determining whether the applicant meets this qualification.
(i) A broker or associate broker applicant may be required to furnish a report of listings and sales accomplished by the applicant during two (2) or more years within the last five (5) years of licensure immediately prior to the application date;
(ii) This report shall be certified as correct by the broker or brokers with whom the applicant has been associated; provided, however, that upon preapproval by the commission, the applicant may verify that the report is correct in an alternative manner;
(iii) The broker experience requirement may be modified or reduced, in whole or in part, at the discretion of the commission, based on the applicant’s educational background or experience in related or affiliated business activities;
(iv) The commission, in its discretion, may make such additional investigation and inquiry relative to the applicant as it shall deem advisable;
(b) Designate a physical office location and a business name. The commission may refuse to issue a license to any person if the business name is the same as that of any person whose license has been suspended or revoked or is so similar as to be easily confused with another licensee’s name by members of the general public. However, nothing in this paragraph shall restrict an individual from obtaining a license in his or her own legal name.
(c) If currently licensed in Idaho as a salesperson and applying for a license as an Idaho broker or associate broker, the individual shall submit a new fingerprint card for processing in accordance with section 67-9411A, Idaho Code, and pay associated fees.
[54-2012, added 2000, ch. 285, sec. 3, p. 915; am. 2001, ch. 123, sec. 2, p. 421; am. 2002, ch. 220, sec. 2, p. 609; am. 2003, ch. 66, sec. 1, p. 220; am. 2005, ch. 107, sec. 2, p. 338; am. 2010, ch. 212, sec. 1, p. 456; am. 2012, ch. 76, sec. 1, p. 219; am. 2024, ch. 101, sec. 8, p. 452; am. 2026, ch. 135, sec. 6, p. 636.]
(1) Each licensee who is actively licensed under this chapter shall, as a condition to licensing, carry and maintain errors and omissions insurance to cover all licensed activities under the provisions of this chapter.
(2) The commission shall make the insurance required under the provisions of this section available to each licensee by contracting with an insurance provider for errors and omissions insurance coverage for each licensee after competitive bidding in accordance with chapter 92, title 67, Idaho Code. The exact premium shall be set by the commission by motion.
(3) Any policy obtained by the commission shall be available to each licensee with no right on the part of the insurance provider to cancel coverage for any licensee.
(4) Each licensee shall have the option of obtaining errors and omissions insurance independently if the coverage contained in an independently obtained policy complies with the minimum requirements established by the commission.
(5) The commission shall determine the terms and conditions of coverage required under the provisions of this section including, but not limited to, the minimum limits of coverage, the permissible deductible and the permissible exemptions.
(6) A licensee seeking to obtain or renew an active license shall certify to the commission that he is in compliance with the insurance requirements of this section. A licensee who elects not to participate in the insurance program administered by the commission shall obtain a certificate of coverage, signed by an authorized agent or employee of the insurance carrier, reflecting proof of insurance meeting the requirements established by the commission. Upon request by the commission the licensee shall produce the certificate for inspection. Requests for certificates shall be sent by first class mail to the licensee’s business or residence address as reflected by the commission’s records and a copy of the request shall be sent to the licensee’s designated broker, if any. A licensee failing to produce a certificate of coverage within thirty (30) days of a request to do so may have his license inactivated by the commission and shall not be entitled to reactivate the license unless and until he provides to the commission a certificate of coverage reflecting proof of insurance meeting the requirements of the commission. Nothing in this subsection shall limit the ability of the commission to investigate or discipline a licensee for failing to maintain insurance while on active status in violation of subsection (1) of this section or for violating any other section of chapter 20, title 54, Idaho Code, or any rule of the commission.
(7) If the commission is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the insurance program at a reasonable premium, not to exceed two hundred fifty dollars ($250) per year, per licensee, the requirement of insurance coverage as provided in this section shall be void during the applicable contract period.
[54-2013, added 2000, ch. 285, sec. 3, p. 917; am. 2003, ch. 65, sec. 2, p. 212; am. 2005, ch. 106, sec. 1, p. 333; am. 2010, ch. 217, sec. 1, p. 485; am. 2012, ch. 74, sec. 1, p. 215; am. 2015, ch. 72, sec. 1, p. 190; am. 2016, ch. 289, sec. 12, p. 812.]
(1) Exam required. Unless a written certificate of waiver is obtained from the commission and submitted with the application, an individual applicant seeking a primary Idaho real estate license shall take and pass the national portion and the Idaho state portion of an approved exam administered by or through the commission. The license applicant shall take and pass the required portion or portions of the exam within no more than twelve (12) months immediately preceding the date of the license application.
(2) Registration for the exam and exam fee. An individual shall register for the exam in a manner authorized by the commission and shall pay at the time of registration the nonrefundable exam fee in an amount established by motion of the commission, not to exceed one hundred fifty dollars ($150).
(3) Waiver of national portion of exam. An individual who has obtained a written certificate from the commission waiving the national portion of the exam shall be required to take and pass the Idaho state portion of the exam only. The certificate of waiver and exam fee shall be submitted with the application for exam.
(4) Failure to appear for the exam or to pass the exam. An individual who fails to appear for the exam or to pass the exam may register to take another exam. The individual must register and submit a new exam fee.
(5) The commission shall establish, by motion, fees for the exam which, in its discretion, are sufficient to raise the revenue required to administer the exam. Fees so established shall remain effective from year to year and may be altered only upon motion by the commission.
[54-2014, added 2000, ch. 285, sec. 3, p. 918; am. 2001, ch. 123, sec. 3, p. 423; am. 2006, ch. 166, sec. 2, p. 504; am. 2012, ch. 87, sec. 1, p. 244.]
(1) An individual who is currently and actively licensed as a real estate broker or salesperson in another state or jurisdiction at the time of application for a primary Idaho real estate license shall meet all qualifications listed in section 54-2012, Idaho Code, for the type of license sought, except that the applicant shall not be required to furnish proof of the educational prerequisites described in subsection (1)(h) of section 54-2012, Idaho Code; provided however, an individual applying to be licensed as a designated broker of a business entity or sole proprietorship, or as a branch office manager of a licensed branch office, shall comply with the requirements of section 54-2016, Idaho Code. In addition, such applicant shall provide a current, certified license history from the other licensing state or jurisdiction, which history shall indicate any disciplinary action taken against the applicant’s license by the other licensing state or jurisdiction, and the status and standing of the applicant’s license in the other state or jurisdiction.
(2) An individual who holds an active license in good standing in another state or jurisdiction may, upon written request to the commission, obtain a certificate of waiver of the national portion of the exam required for Idaho licensure. A request for waiver shall indicate the individual’s mailing address to which the commission is to deliver the certificate of waiver. The certificate of waiver shall be submitted with the application for exam as provided in subsection (3) of section 54-2014, Idaho Code.
(3) An individual who is currently and actively licensed in another state or jurisdiction that administers a real estate exam may be issued a primary Idaho license without further exam or proof of educational prerequisites pursuant to written agreement between Idaho and the other state or jurisdiction, provided that such other state or jurisdiction allows the issuance of real estate licenses in substantially the same manner as set forth in this subsection; provided however, an individual applying to be licensed as a designated broker of a business entity or sole proprietorship, or as a branch office manager of a licensed branch office, shall comply with the requirements of section 54-2016, Idaho Code, notwithstanding the terms of the agreement.
[54-2015, added 2000, ch. 285, sec. 3, p. 919; am. 2001, ch. 123, sec. 4, p. 424; am. 2002, ch. 220, sec. 3, p. 611; am. 2003, ch. 66, sec. 2, p. 223; am. 2005, ch. 105, sec. 1, p. 329; am. 2006, ch. 166, sec. 3, p. 505; am. 2010, ch. 212, sec. 2, p. 459.]
(1) Legal business entities. Each legal business entity, as defined in section 54-2004, Idaho Code, shall be licensed by the Idaho real estate commission to engage in the real estate business in Idaho and shall make proper application, pay all required fees and meet all requirements listed below.
(a) Each legal business entity shall have a properly licensed individual designated broker who shall be held responsible for the activities of the licensed entity.
(b) The individual designated broker shall, within three (3) years immediately prior to the designation, satisfactorily complete a commission-approved business conduct and office operations course.
(c) The individual designated broker shall also hold the following legal position within the licensed entity:
(i) Corporation — an officer;
(ii) Partnership or limited partnership — a general partner;
(iii) Limited liability company — a member or manager.
The individual designated broker for any business entity shall have full authority to act on behalf of the licensed business entity and shall submit sufficient and satisfactory proof thereof with the application for license. Such proof shall include a list of the entity’s officers, directors, members or managers, as reflected in the minutes, resolutions or other similar business documents of the entity. All acts of that individual as designated broker shall be considered acts of the licensed business entity. Nothing in this section is intended to create liability to a legal business entity for illegal or fraudulent acts by the individual broker performed solely on his own account.
(d) A license issued to a legal business entity, as defined in this chapter, is effective only as long as the individual designated broker’s license is in active status and in effect. If the individual so designated has a license refused, revoked, suspended or otherwise made inactive by the commission, or if the individual designated broker voluntarily surrenders the individual license or ceases to be connected with the entity in the manner required above, the business entity shall have ten (10) business days in which to designate another qualified individual as designated broker before the entity’s license is terminated, and the licenses of all associated licensees are made inactive.
(e) One (1) individual may act as designated broker for more than one (1) licensed business entity, however, all entities shall have their main offices in the same physical location.
(f) Satisfactory proof of mandatory errors and omissions insurance shall be provided for both the individual designated broker and the licensed business entity.
(g) A legal business entity doing business under an assumed name shall provide satisfactory proof of having legally filed a certificate of assumed name with the Idaho secretary of state.
(2) Sole proprietorships. An individual designated broker not licensed with a legal business entity, as defined in section 54-2004, Idaho Code, shall be licensed as a sole proprietor. Each sole proprietorship seeking a real estate license shall meet all of the following requirements:
(a) A licensed sole proprietor doing business under an assumed business name shall provide satisfactory proof of having legally filed a certificate of assumed name with the Idaho secretary of state;
(b) Satisfactory proof of mandatory errors and omissions insurance shall be provided for the licensed designated broker of a sole proprietorship;
(c) The individual designated broker shall have satisfactorily completed a commission-approved business conduct and office operations course within three (3) years immediately prior to the application for license.
(3) Multiple business names prohibited. A legal business entity or sole proprietorship shall be licensed under only one (1) business name.
(4) Branch offices. Each branch office in which trust funds and original transaction files are maintained shall be separately licensed in accordance with the following:
(a) The designated broker establishing the branch office shall submit an application, along with the required fee for the issuance or renewal of the branch office license.
(b) The designated broker shall designate in the application a branch manager, who shall be an associate broker and who, within three (3) years immediately prior to the designation, shall have completed a commission-approved business conduct and office operations course, to regularly occupy and be responsible for the supervision of the branch office. When a branch manager is a regular full-time employee or is engaged in a full-time activity at a location other than the place he is licensed to do business, a presumption will be made that the branch manager is unable to responsibly supervise the branch; provided however, the presumption may be overcome by evidence to the contrary which the commission determines to be satisfactory.
(c) A branch manager shall not be licensed to manage more than one (1) branch office at a time.
(d) A license issued to a branch office is valid and in effect only as long as the license of the designated broker remains in active status.
(e) No separate branch office license or manager is required for business locations other than the main office unless trust funds or original transaction records are kept at the branch.
(f) If a separate real estate trust account is maintained for a branch office, all records and related files for that account shall be maintained at the branch office.
(g) Each branch office or business location, whether separately licensed or not, shall conduct business only in the licensed name of the legal entity or sole proprietor.
[54-2016, added 2000, ch. 285, sec. 3, p. 919; am. 2001, ch. 123, sec. 5, p. 424; am. 2002, ch. 220, sec. 4, p. 611; am. 2005, ch. 105, sec. 2, p. 330; am. 2005, ch. 107, sec. 3, p. 340; am. 2007, ch. 98, sec. 2, p. 286; am. 2008, ch. 142, sec. 1, p. 407; am. 2010, ch. 213, sec. 2, p. 462.]
(1) An individual who is currently and actively licensed as a real estate broker in another jurisdiction and wishes to work in cooperation with an Idaho real estate broker must submit an application on a form approved by the commission. The application must include:
(a) The name, physical and mailing addresses and telephone number of the out-of-state broker and any out-of-state sales associate employed by the out-of-state broker who will conduct the Idaho transaction;
(b) A current certified license history from the primary state of licensure for each out-of-state broker and out-of-state sales associate named in the application, which history shall indicate any disciplinary action taken against the applicant’s license by the other licensing jurisdiction, and the status and standing of the applicant’s license in the other jurisdiction;
(c) The name, license number, physical address and verified statement of consent and signature of the Idaho broker with whom the applicant wishes to cooperate;
(d) An irrevocable consent to service from each out-of-state broker and out-of-state sales associate named in the application, appointing the commission’s executive director to act as the out-of-state licensee’s agent upon whom all judicial and other process or legal notices directed to the licensee that are related to the Idaho transaction may be served, and consenting that any lawful process against the licensee that is served upon the executive director shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force as long as any liability remains outstanding in this state. Upon receipt of any such process or notice, the executive director shall immediately mail a copy of the same by certified mail to the last known address of the out-of-state broker or out-of-state sales associate;
(e) Proof of current errors and omissions insurance that complies with the minimum requirements established by the commission, covering all out-of-state licensees for all licensed activities under the provisions of this chapter; and
(f) Applicable license fee, which fee shall be nonrefundable.
(2) A cooperative license is valid for twelve (12) months from the date of issuance, or until the license of the out-of-state broker expires or is inactivated, surrendered, suspended or revoked, whichever occurs first, and may not be renewed. In the event a transaction is not completed within the twelve (12) month period, a new cooperative license application may be submitted.
(3) It is a prerequisite to conducting a cooperative Idaho commercial real estate transaction that out-of-state licenses be maintained on active status. If the license of the out-of-state broker or any out-of-state sales associate named in the cooperative license application expires or is inactivated, surrendered, suspended or revoked, the out-of-state broker shall immediately give written notice to the commission.
(4) An out-of-state broker holding a cooperative license shall notify the commission in writing of any change of physical or mailing address for any out-of-state licensee named in the cooperative license application within ten (10) business days of the change.
(5) If at any time the out-of-state broker or the Idaho broker wishes to terminate the cooperative relationship, written notice of the termination shall be provided to the commission within ten (10) business days of the termination.
(6) When acting under a cooperative license, an out-of-state broker or out-of-state sales associate shall work through the cooperating Idaho broker. The Idaho broker must be in charge of the transaction from beginning to end. Any entrusted moneys received in a cooperative transaction may be handled only by the cooperating Idaho broker in accordance with section 54-2041, Idaho Code.
(7) Each out-of-state broker or out-of-state sales associate, while cooperating with an Idaho broker, is governed by the provisions of this chapter. Any violation of a provision of this chapter by the out-of-state broker or out-of-state sales associate subjects the out-of-state licensee and the Idaho broker to disciplinary action in accordance with this chapter.
(8) An out-of-state broker may cooperate with only one (1) Idaho broker and an Idaho broker may cooperate with only one (1) out-of-state broker per commercial real estate transaction. However, an out-of-state broker may obtain a cooperative license for more than one (1) commercial real estate transaction at a time.
(9) The commission may deny an application for a cooperative license for any reason that is sufficient to deny an application for a license pursuant to this chapter.
[54-2017, added 2017, ch. 232, sec. 3, p. 568.]
(1) Initial license period. Each new license shall be for a period of one (1) year plus the months up to and including the next birthday of the licensee, not to exceed a period of two (2) years, and shall expire on the birthday of the licensee. A salesperson licensed in this state who applies for and obtains a broker license shall retain the license renewal period and expiration date of his salesperson license. Corporations, partnerships, limited liability companies and other entities defined as "persons" in this chapter shall have established as the equivalent of a birth date, the birth date of its designated broker in accordance with the provisions of section 67-2614, Idaho Code. Licensed branch offices shall have established as the equivalent of a birth date, the birth date of the designated broker for the branch office.
(2) License renewal. Each license shall be renewable in accordance with the provisions of section 67-2614, Idaho Code.
(a) If renewing an active license, the application shall include:
(i) Certification that the applicant has met the commission’s continuing education requirements as set forth in section 54-2023, Idaho Code;
(ii) Certification that the applicant has met the mandatory errors and omissions insurance requirement for real estate licensees as set forth in section 54-2013, Idaho Code; and
(iii) Payment of all renewal fees established by this chapter or by the commission.
(b) If renewing an inactive license, the application shall include payment of all renewal fees established by this chapter or by the commission by rule.
(3) Late renewal. If the licensee fails to submit a completed application for renewal or pay the renewal fee on or before the expiration date, the commission may accept a later application or payment of the fee, subject to such conditions as the commission may require including, but not limited to, the assessment of a late fee; provided that between the license expiration date and the date of renewal of the license, the rights of the licensee under such license shall be expired, and during such period of expiration it shall be unlawful for any licensee to do or attempt to offer to do any of the acts of the kind and nature described in the definitions of real estate broker or real estate salesperson in section 54-2004, Idaho Code, in consideration of compensation of any kind or expectation thereof. An expired license that is not renewed within one (1) year of the expiration date shall be automatically terminated by the commission and may not be renewed.
(4) Active and inactive license status. A licensee who is a designated broker or associated with a designated broker shall hold an active license. A licensee who has paid all applicable fees, who is not associated with a designated broker and who holds a current license that is not revoked, suspended or terminated shall hold his license on inactive status. A licensee seeking to change from active license status to inactive license status shall have the broker submit a change of status application to the commission in the form and manner approved by the commission. During the period that his license is inactive, the licensee shall not engage in the business or act in the capacity of real estate broker, associate broker or salesperson. However, an inactive licensee may receive a referral fee for any referral made during the period his license was active. A licensee may activate an inactive license by meeting each of the following:
(a) If activating as a sales associate, associating with a designated Idaho broker and having the broker submit an application in the form and manner approved by the commission;
(b) If activating as a designated broker, establishing an office in the manner required by this chapter and submitting an application in the form and manner approved by the commission;
(c) Paying any required fees;
(d) Obtaining and maintaining a policy of errors and omissions insurance as required by section 54-2013, Idaho Code, and in accordance with the rules of the commission and certifying the same; and
(e) Successfully completing any continuing education requirements, as prescribed in section 54-2023, Idaho Code, and certifying the same for the current license period.
(5) Continuing education. A licensee shall not submit an application to renew a license on active status or to activate an inactive license without having obtained the continuing education credit hours required by section 54-2023, Idaho Code. A licensee who violates this subsection shall be subject to disciplinary action by the commission.
(6) Time required. The commission may request satisfactory proof of continuing education compliance from any licensee who has certified to the commission that he has completed the requirement. The request shall state the time within which the proof must be received at the commission office, which time shall not be less than ten (10) business days.
(7) Satisfactory proof. Upon request from the commission, the licensee shall submit satisfactory proof of having met the continuing education requirement set forth in section 54-2023, Idaho Code. "Satisfactory proof" shall, for each course, consist of documentation:
(a) Identifying the licensee, the title of the course, the course certification number, the course provider, the number of classroom hours, the completion date of the course, and including:
(i) A transcript of the course taken;
(ii) A letter from the provider verifying successful completion of the course; or
(iii) A course completion certificate; and
(b) Identifying the course certification approval number to establish that the course is approved for continuing education credit as provided by section 54-2023, Idaho Code. The commission may, in its sole discretion, accept alternative documentation establishing that the course is approved for credit.
(8) Failure to submit proof. A licensee failing to submit satisfactory proof of completing the continuing education requirement after being requested to do so by the commission may have his license inactivated by the commission and shall not be entitled to reactivate the license unless and until he provides to the commission satisfactory proof that he meets the continuing education requirements of section 54-2023, Idaho Code. Nothing in this section shall limit the ability of the commission to investigate or discipline a licensee for violating subsection (5) of this section or for violating any other section of this chapter.
(9) Change in personal information. An individual licensee, whether active or inactive, shall provide written notice to the commission, in the form and manner approved by the commission, of any change of his personal name, address of personal residence or personal telephone number. Notice shall be provided within ten (10) business days of the change. If the licensee has changed his personal name, he shall also submit legal proof of the change and, if an active licensee, he shall have the broker submit the written notice of change to the commission.
(10) Issuance of the license and effective date. A real estate license shall be deemed issued, and any requested license changes shall become effective, when the completed application, attachments, and any required fees are received at and approved by the commission. An application that is incomplete or lacking the required fees shall be returned to the applicant and no license shall be issued until a completed application and all required fees are received at and actually approved by the commission. A brokerage is not required to obtain, display or possess a physical license certificate as evidence of the individual’s active licensure; however, the commission may make license certificates available for a fee as authorized by this chapter. A brokerage shall not display or otherwise make available to the public a license certificate for any individual who does not hold an active license with the brokerage.
(11) Fees nonrefundable. No licensee shall be entitled to a refund of any fee after the license or license change has become effective.
[54-2018, added 2000, ch. 285, sec. 3, p. 921; am. 2001, ch. 123, sec. 6, p. 426; am. 2002, ch. 220, sec. 6, p. 614; am. 2003, ch. 65, sec. 3, p. 213; am. 2004, ch. 120, sec. 1, p. 403; am. 2005, ch. 107, sec. 4, p. 342; am. 2006, ch. 166, sec. 4, p. 506; am. 2007, ch. 98, sec. 3, p. 288; am. 2010, ch. 217, sec. 2, p. 486; am. 2014, ch. 67, sec. 2, p. 173; am. 2015, ch. 51, sec. 3, p. 115; am. 2024, ch. 86, sec. 16, p. 400; am. 2025, ch. 211, sec. 21, p. 993.]
(1) The commission may deny any license application, including an application for license renewal, upon the commission’s determination of any of the following:
(a) The applicant does not possess all of the qualifications required for the license sought;
(b) The applicant employed fraud, deception, misrepresentation, misstatement or omission or any unlawful means in applying for a license or taking the exam;
(c) Within the five (5) year period immediately preceding the application, the applicant committed any act for which a real estate license in Idaho may be revoked or suspended;
(d) Payment of any licensing fee by check that is returned by the banking institution due to insufficient funds, unless the reason for not paying on the check is the fault of the banking institution, or by any other type of insufficient payment; or
(e) There exist any other specific facts about the applicant that cause the commission to reasonably conclude that granting the applicant’s request for Idaho licensure is not in the best interests of the citizens of the state of Idaho.
(2) Where any of the facts referenced above warranting denial of the application are not discovered or determined by the commission until after the license has been issued, such facts may be grounds for the inactivation, expiration, termination, suspension or revocation of the license.
[54-2019, added 2000, ch. 285, sec. 3, p. 922; am. 2001, ch. 123, sec. 7, p. 427; am. 2005, ch. 107, sec. 5, p. 344; am. 2015, ch. 71, sec. 1, p. 190.]
The Idaho real estate commission shall establish fees that, in its discretion, are sufficient, when added to the other fees authorized by this chapter, or any other law or rule, to raise that revenue required to administer the provisions of this chapter.
The commission shall assess the following fees, in addition to any other fees established in this chapter or by rule, provided that all fees established by administrative rule of the commission shall remain effective from year to year unless changed through the rulemaking process prescribed in chapter 52, title 67, Idaho Code:
(1) For each year or portion thereof for which an active or inactive license or cooperative license is issued or renewed, a license fee in an amount not to exceed one hundred fifty dollars ($150), the exact fee to be established by administrative rule of the commission;
(2) A tuition or registration fee for real estate education courses, course materials and any course exam fee. These fees shall be established based upon the total annual costs involved in the provision of all real estate education courses, course materials and course exam fees;
(3) A late license renewal fee in an amount not to exceed twenty-five dollars ($25.00), the exact fee to be established by administrative rule of the commission;
(4) For the printing of a license certificate, a fee in an amount not to exceed fifteen dollars ($15.00), the exact fee to be established by administrative rule of the commission;
(5) A fee in the amount allowed by law for insufficient funds checks or other types of insufficient payment;
(6) For the compilation of each certified copy of a licensee’s education history or license history, a fee in an amount not to exceed ten dollars ($10.00), the exact fee to be established by administrative rule of the commission;
(7) For issuance or renewal of a branch office license, a fee in an amount not to exceed fifty dollars ($50.00), the exact fee to be established by administrative rule of the commission;
(8) An application fee for the certification and recertification of each real estate education provider, instructor or course as follows:
(a) For providers, an application fee in the amount of seventy-five dollars ($75.00) for initial certification and fifty dollars ($50.00) for recertification;
(b) For instructors, an application fee in the amount of fifty dollars ($50.00) for initial certification and twenty-five dollars ($25.00) for recertification;
(c) For courses, an application fee in the amount of fifty dollars ($50.00) for initial certification and twenty-five dollars ($25.00) for recertification.
Provided however, that lower fee amounts may be established by administrative rule of the commission.
[54-2020, added 2000, ch. 285, sec. 3, p. 922; am. 2001, ch. 122, sec. 1, p. 416; am. 2001, ch. 123, sec. 8, p. 428; am. 2002, ch. 220, sec. 7, p. 616; am. 2007, ch. 98, sec. 4, p. 291; am. 2008, ch. 144, sec. 2, p. 428; am. 2017, ch. 232, sec. 4, p. 569.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. Moneys in the fund may be expended by the commission for the promotion and improvement of the real estate profession, the advancement of education and research in the field of real estate, including but not limited to courses sponsored by the commission or in conjunction with any university or college in the state or contracting for a particular research project in the field of real estate, and the promotion and advertising of the state of Idaho.
[54-2021, added 2021, ch. 224, sec. 50, p. 676.]
(1) Except as provided in section 54-2015, Idaho Code, an applicant seeking a primary Idaho license as a real estate salesperson, broker or associate broker shall furnish satisfactory proof to the commission that the applicant has successfully completed current commission-approved and accredited courses of real estate study as follows:
(a) Salesperson’s license. For a salesperson’s license, the applicant shall complete a total of ninety (90) classroom hours;
(b) Broker’s or associate broker’s license. Applicants seeking a broker’s or associate broker’s license shall, in addition to meeting the requirements for a salesperson’s license, successfully complete specified courses in advanced real estate study, for a minimum of ninety (90) additional classroom hours.
(2) Each applicant shall successfully complete all prelicense real estate courses within no more than three (3) years prior to the date of the license application. However, upon written request for special consideration by the license applicant, the commission may waive or modify the three (3) year requirement at its discretion, based on the applicant’s experience or additional education. Each waiver request shall be submitted with a current certified license history from Idaho or the applicant’s other licensing jurisdiction, which history shall indicate all disciplinary actions taken against the applicant’s license and the status and standing of such license in such licensing state or jurisdiction, along with sufficient proof of education completion.
(3) To receive credit for prelicense real estate courses, a student must regularly attend and complete the course, and such course must meet all requirements set forth in section 54-2036, Idaho Code.
(4) No credit will be given for courses taken for audit.
(5) Credit for completion of approved prelicense education coursework will not be granted when the content of a course repeats that for which credit has been previously received.
(6) Upon written request from a license applicant, the commission may waive or modify one (1) or more prelicense course requirements based upon the applicant’s satisfactory completion of similar real estate courses in Idaho or another state or jurisdiction. The request for waiver shall be accompanied by an official transcript from the institution that provided the course of instruction, along with a description of the subjects covered in the course and the number of classroom hours involved in the instruction. "Satisfactory completion" means the applicant regularly attended the course and received a final grade of "C" or better.
[54-2022, added 2000, ch. 285, sec. 3, p. 923; am. 2001, ch. 123, sec. 9, p. 429; am. 2008, ch. 142, sec. 2, p. 409; am. 2014, ch. 42, sec. 2, p. 101; am. 2020, ch. 87, sec. 2, p. 234.]
(1) Each licensee applying to renew an Idaho broker or salesperson license on active status, and each Idaho broker or salesperson applying to change from inactive to active license status after having renewed the license on inactive status, shall successfully complete two (2) commission core courses, plus twelve (12) classroom hours of continuing education credit. If the inactive licensee is within the initial licensing period, no continuing education is required to change to active license status. Provided that:
(a) Salesperson — First active renewal or activation. To renew an Idaho salesperson license on active status for the first time, or to change from inactive to active status for the first time after the expiration of the initial license period, a salesperson shall complete two (2) commission core courses, plus the post license course.
(b) Inactive broker activating as a designated broker or branch manager. To activate as a designated broker or branch manager, a broker on inactive status shall, in addition to meeting the continuing education requirements of this subsection, have completed a commission-approved business conduct and office operations course within three (3) years immediately prior to the license activation.
(2) Credits used to reactivate license. Continuing education credit hours applied to activate an inactive license are considered "spent" and may not thereafter be applied toward the continuing education requirements for subsequent license renewal.
(3) No duplicate credit. No licensee may obtain continuing education credit for completing:
(a) Any core course curriculum for which the licensee has previously received continuing education credit; or
(b) Any course curriculum for which the licensee has received continuing education credit in the same license period.
(4) Excess credits. The classroom hours shall apply to the license period in which such course is completed; hours completed in excess of those required for the license period shall not accumulate or be credited for the purposes of subsequent license renewal periods.
(5) Commission-ordered education. No licensee shall obtain continuing education credit for education ordered by the commission as part of a disciplinary action.
(6) Obtaining continuing education classroom hours. In order to obtain continuing education classroom hours, a licensee must:
(a) Successfully complete a commission-approved continuing education or post license course;
(b) Attend a regularly scheduled meeting of the commission from the time the meeting is called to order until the meeting is adjourned or until the licensee is excused by the commission chairperson. A maximum of four (4) hours for this activity shall be credited for any one (1) meeting in any one (1) license period;
(c) Successfully complete a commission-approved broker prelicense course. Continuing education credit may be obtained for retaking the same broker prelicense course only if completed after three (3) years of completing the previous course; or
(d) Provide to the commission a transcript or course completion certificate of successful completion of any of the following courses without commission preapproval of the curriculum, instructors or providers:
(i) Professional designation courses. Any course developed by national professional organizations that is required in order to earn professional designations from a national organization in specialized areas of licensed real estate practice;
(ii) Courses accredited by another profession or jurisdiction. Any course approved by and offered in satisfaction of another professional or occupational licensing authority’s education requirements, if the commission determines that the course is within the approved topic areas established by the commission and if the course otherwise meets commission standards for course certification including distance learning and minimum classroom hour requirements; or
(iii) Courses offered by an accredited college or university. Any course offered in satisfaction of a degree requirement by an accredited college or university if the commission determines that the course is within the approved topic areas established by the commission.
(e) If a certified course instructor, teach a live course for which continuing education credit may be obtained. Credits shall be granted for the number of classroom hours taught.
(7) Licensee duty to keep satisfactory proof. The licensee shall keep satisfactory proof of having completed the continuing education requirement and shall submit such proof at the request of the commission as provided in section 54-2018, Idaho Code.
(8) Provisional license — Extension of time. A three (3) month extension of time for completing the education requirements may be obtained by submitting with the renewal application, or application to activate, satisfactory evidence showing that the applicant was unable to comply with such education requirements. Such evidence shall be:
(a) Bona fide hardship preventing completion of the reinstatement requirements of an inactive license;
(b) Health reasons preventing attendance or completion; or
(c) Other compelling cause beyond the control of the applicant while engaged in the real estate business.
If such an extension is granted, the licensee shall receive a provisional license for a period of time not to exceed three (3) months. No further extension of time may be granted. A license issued or renewed after an extension of time has been granted shall retain the original license expiration date. Failure to satisfy the continuing education requirement within the time granted shall result in the automatic inactivation of the license.
[54-2023, added 2000, ch. 285, sec. 3, p. 924; am. 2001, ch. 123, sec. 10, p. 429; am. 2002, ch. 280, sec. 2, p. 820; am. 2003, ch. 65, sec. 4, p. 215; am. 2004, ch. 120, sec. 2, p. 405; am. 2005, ch. 107, sec. 6, p. 245; am. 2006, ch. 166, sec. 5, p. 508; am. 2007, ch. 98, sec. 5, p. 292; am. 2008, ch. 142, sec. 3, p. 410; am. 2010, ch. 217, sec. 3, p. 488; am. 2012, ch. 75, sec. 1, p. 217; am. 2014, ch. 42, sec. 3, p. 102.]
It is the intent of this chapter that delivery of high quality real estate education to licensees and to those seeking to become licensed in the state of Idaho is a necessary and reasonable way to protect the citizens, businesses and public interests in Idaho. Therefore, the commission shall create and maintain a certification program for real estate education providers, instructors and course content.
[54-2024, added 2000, ch. 285, sec. 3, p. 925.]
(1) Certification required. Except as otherwise provided in section 54-2023(6)(d), Idaho Code, certification must be obtained by all course providers, instructors teaching any course other than a continuing education elective course, and for all course content in order for the course to be credited toward prelicense or continuing education requirements in Idaho under this chapter.
(2) Courses, instructors and providers monitored. The commission or its representative may monitor any course for the purpose of course, instructor or provider certification.
(3) If the commission at any time determines that an instructor, course or provider is not meeting the requirements for continued commission approval or certification, written notification detailing the deficiencies requiring correction shall be made immediately to the appropriate person. The commission shall take no action to withdraw the certification for thirty (30) days from the date of the written notice. At the expiration of this period, if the deficiencies have not been corrected to the commission’s satisfaction, the commission may take action to withdraw certification. Withdrawal of certification shall be governed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and the rules of the commission.
[54-2025, added 2000, ch. 285, sec. 3, p. 925; am. 2001, ch. 123, sec. 11, p. 430; am. 2005, ch. 107, sec. 7, p. 347; am. 2014, ch. 42, sec. 4, p. 104.]
(1) Degree-granting institutions. Degree-granting, accredited colleges and universities in any state or jurisdiction shall be deemed to be approved course providers in Idaho. However, course content must still be approved for the real estate education course to receive credit toward prelicense or continuing education licensing requirements in Idaho.
(2) Other course providers. All other course providers desiring to offer real estate courses for credit toward Idaho prelicense or continuing education requirements must first meet the following qualifications and receive certification. Each applicant seeking certification as a course provider shall comply with the following:
(a) File an application for certification in the form and manner required by the commission, along with proper fees, at least two (2) months prior to contemplated date of opening or first accredited course offering;
(b) Designate a "director" or "individual in charge," who shall be responsible for the course provider’s operation and its real estate courses, and with whom the commission may communicate. Unless this requirement is waived upon special review of the commission in the manner stated below, the individual in charge shall:
(i) Not have had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons or have been refused a renewal of a license issued by the state of Idaho or any other state or jurisdiction;
(ii) Not have been convicted, issued any fine, placed on probation, received a withheld judgment, or completed any sentence of confinement for or on account of any felony or a misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing in a court of proper jurisdiction; and
(iii) Have attended a commission-approved provider training within the two (2) years immediately preceding the designation.
The failure of the provider to have in place a designated individual meeting the qualifications required by this subsection shall be grounds for the commission to withdraw or cancel the provider’s certificate as provided in section 54-2025(3), Idaho Code;
(c) File a properly executed "irrevocable consent to service of process" in the manner and form prescribed by the commission and in substantial accordance with section 54-2012(1)(k), Idaho Code. The commission, in its discretion, may make such additional investigation and inquiry relative to the applicant for provider certification as it deems advisable and, if good cause exists, may deny or accept the application for certification.
[54-2026, added 2000, ch. 285, sec. 3, p. 925; am. 2003, ch. 66, sec. 4, p. 224; am. 2004, ch. 120, sec. 3, p. 407; am. 2010, ch. 212, sec. 3, p. 460; am. 2014, ch. 42, sec. 5, p. 104.]
Failure of a certified course provider to comply with the following duties and requirements shall be grounds for the commission to withdraw or cancel the provider’s certification for cause.
(1) Discrimination prohibited. Each certified course provider shall at all times be in compliance with state and federal laws, rules and regulations regarding all aspects of equal opportunity and protection of civil rights. No course provider shall engage in discriminatory practices, nor allow their course instructor, or method of delivery to violate laws prohibiting discrimination. Each course provider will fully comply with any requirements of the Americans with disabilities act regarding access to and delivery of its courses, including the provision of accessible facilities and reasonable accommodations for students.
(2) Open access to course offerings. Registration and attendance at all certified courses offered for credit toward the education requirements of this chapter shall be open to all persons meeting normal course prerequisites; provided however, a certified course provider located in or affiliated with a licensed real estate brokerage company or professional association may refuse access to any licensee or unlicensed person based on that licensee’s or unlicensed person’s affiliation with another organization or brokerage company, or the licensee’s or unlicensed person’s membership status in any professional organization unless such course provider has received financial support from the commission for its particular course offering. Nothing in this section shall restrict a course provider from charging a separate and reasonable course fee to nonaffiliated or nonmember licensees or unlicensed persons.
(3) Disclosure of fees. All fees charged to a student by a course provider shall be specified separately in writing. If additional fees are charged for supplies, materials or books required for coursework, such fees shall be itemized by the provider and, upon payment of such fees, the supplies, materials or books shall become the property of the student. All fees and the manner in which they are to be paid shall be stated in a student contract, in a form approved by the commission. The student contract shall expressly include the provider’s policy regarding the return of fees in the instance where the student is dismissed or voluntarily withdraws from the course.
(4) Facilities and supportive personnel. The provider shall provide the facilities and all supportive qualified personnel or approved proctors necessary to adequately implement its real estate program.
(5) Student records and other requirements. Each Idaho certified course provider shall comply with the following requirements:
(a) Records. For each individual student, create and retain for a period of five (5) years, a complete, accurate and detailed record which shall include the total number of hours of instruction undertaken and satisfactorily or unsatisfactorily completed in the area of study;
(b) Course completion lists. Within five (5) business days after conclusion of each course of instruction, the provider shall submit to the council or commission, in the form and manner designated by the commission, a list that shall include the legal names and social security numbers or, if licensed, the license numbers, of the students completing the course of instruction, the name of the course, the name of the instructor, the number of hours included in the course, the date of the course and the location. The list shall be certified by the instructor from whom the students received instruction and an authorized representative of the provider;
(c) Grades. The provider will provide written notification to students who successfully or unsuccessfully complete a course within thirty (30) days of the course completion date;
(d) Evaluations. Upon the conclusion of each course, the provider shall collect written evaluations from students for the course and instructor using an evaluation form approved by the commission. The provider shall keep such evaluations for a period of one (1) year from the course completion date. Upon written request from the commission, the provider shall submit either the student evaluations for the course and instructor or a written summary of those evaluations using a form approved by the commission; and
(e) Course schedules. Each provider shall submit schedules of courses and instructors as requested by the commission and submit changes promptly as they occur. Whenever there is a change in a course including, but not limited to, a change in curriculum, course length or instructor, the provider shall promptly notify the commission in writing of the change.
(6) Instructors. A certified provider may offer a continuing education elective course without obtaining approval or certification for the course instructor; provided however, the provider shall take reasonable steps to ensure that the instructor is competent to teach the course and shall maintain resumes or other biographical information that documents the qualifications of the instructor. The provider shall make such documentation available to the public and commission upon written request. A course provider shall not offer for credit any course that is being taught below the minimum teaching standards established by the commission or that is being taught in a manner that is detrimental to the purpose of educating licensees.
(7) Posting and recording fees. The commission may require that course providers pay to the commission a nonrefundable posting and recording fee to defray normal expenses incurred in maintaining the certificate program. The fee amount shall be established by the commission by motion.
(8) Advertising restrictions:
(a) Providers may advertise that they are currently certified by the commission, if current certification has been approved, but no such advertising may state or imply that the provider is an agency of the commission or the council;
(b) No course provider shall provide any information to the public or to prospective students which is misleading in nature. Information is misleading when, taken as a whole, there is distinct probability that it will deceive the persons whom it is intended to influence.
(9) Changes in certification. Certification shall be granted to the particular provider for the specific ownership, provider location, and named individual in charge as designated in the application for certification. Any changes in ownership, provider location, or provider name, or named individual in charge must be submitted for approval to the commission, at least one (1) month in advance of the effective date of the proposed changes.
[54-2027, added 2000, ch. 285, sec. 3, p. 926; am. 2001, ch. 123, sec. 12, p. 431; am. 2005, ch. 107, sec. 8, p. 348; am. 2006, ch. 166, sec. 6, p. 510; am. 2007, ch. 98, sec. 6, p. 294; am. 2008, ch. 142, sec. 4, p. 412; am. 2010, ch. 213, sec. 3, p. 464; am. 2015, ch. 51, sec. 4, p. 117.]
(1) Each course provider’s certification issued by the commission shall be for a term of up to one (1) year and shall expire annually on June 30.
(2) In order to maintain certification, each provider shall:
(a) Return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date for commission approval; and
(b) Certify that its designated director or person in charge has, within the past two (2) years, attended a commission-approved provider training.
(3) Recertification is not effective until the commission has formally approved the application for renewal.
(4) Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for courses not yet successfully completed by the expiration date.
[54-2028, added 2000, ch. 285, sec. 3, p. 927; am. 2014, ch. 42, sec. 6, p. 105; am. 2015, ch. 52, sec. 1, p. 124.]
Certified providers who have not applied for renewal of certification or whose renewal applications do not meet the qualifications for renewal of certification shall be notified by the commission of potential termination at least fifteen (15) days before termination occurs.
[54-2029, added 2000, ch. 285, sec. 3, p. 927.]
If a provider’s certification expires, is terminated or is withdrawn for any reason, the provider will no longer be approved by the commission, and no credit will be given to students for any courses not yet successfully completed by the expiration date. A provider whose certification has expired, been terminated or withdrawn for any reason shall immediately notify every present or future student in writing that it is not a certified provider of approved real estate courses in Idaho and that no credit for prelicense or continuing education will be given for its courses.
[54-2030, added 2000, ch. 285, sec. 3, p. 927; am. 2015, ch. 51, sec. 5, p. 119.]
The commission may withdraw a provider’s certification at any time, for cause, including the violation of any provision of this chapter by the provider or those for whom the provider is responsible. Any withdrawal of certification shall be governed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the rules of practice and procedure of the Idaho real estate commission, this chapter and all laws of the state of Idaho.
[54-2031, added 2000, ch. 285, sec. 3, p. 928.]
All individuals wishing to teach real estate courses for credit toward prelicense, post license or the commission continuing education core course requirements in Idaho must first be approved or certified by the commission for each course the individual wishes to teach.
[54-2032, added 2000, ch. 285, sec. 3, p. 928; am. 2005, ch. 107, sec. 9, p. 350; am. 2015, ch. 51, sec. 6, p. 119.]
(1) Qualified instructors at degree-granting institutions. A qualified or full-time instructor or professor of an accredited college or university in any state or jurisdiction and who teaches real estate-related courses is deemed to be an approved instructor of such courses, in Idaho, for the purposes of this chapter.
(2) Other instructor applicants. All other individuals wishing to teach any real estate courses for credit toward Idaho prelicense requirements, including the business conduct and office operations course, or the post license or the commission continuing education core course requirements, must first meet the following additional qualifications and receive separate certification for each course to be taught:
(a) Unless this requirement is waived upon special review of the commission in the manner stated below, no individual instructor seeking certification may have had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons or have been refused a renewal of a license issued by the state of Idaho or any other state or jurisdiction. Further, the individual may not have been convicted, issued any fine, placed on probation, received a withheld judgment, or completed any sentence of confinement for or on account of any felony, or any misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing, in a court of proper jurisdiction. The failure of a certified instructor to maintain the qualifications required by this subsection shall be grounds for the commission to withdraw or cancel the instructor’s certificate as provided in section 54-2025(3), Idaho Code.
(b) Each applicant for certification shall also:
(i) Submit a completed application for instructor certification in the form and manner required by the commission, with all required fees;
(ii) File an executed "irrevocable consent to service of process" in the manner and form prescribed by the commission and according to section 54-2012(1)(k), Idaho Code;
(iii) Qualify as at least one (1) of the following:
An attorney at law actively licensed in any state or jurisdiction with at least five (5) years of active practice in the areas of study proposed to be taught, and who has also successfully completed a commission-approved instructor training course or procedure, including an assistant teaching period;
An individual currently approved or certified and in good standing as a real estate instructor for the same or similar course material in any other state or jurisdiction;
An individual who is appointed to teach a nationally recognized real estate course which is generally accepted in other states or jurisdictions; or
An individual with at least five (5) years active real estate-related experience who has also successfully completed a commission-approved instructor training procedure, including an assistant teaching period.
(3) Instructor teaching standards. An instructor certified to teach any real estate course for credit toward the requirements of this chapter shall comply with the minimum teaching standards established by the commission. A certified instructor shall not teach the course in a manner that is detrimental to the purpose of educating licensees.
[54-2033, added 2000, ch. 285, sec. 3, p. 928; am. 2003, ch. 66, sec. 5, p. 225; am. 2004, ch. 120, sec. 4, p. 408; am. 2005, ch. 107, sec. 10, p. 350; am. 2006, ch. 166, sec. 7, p. 512; am. 2008, ch. 142, sec. 5, p. 414; am. 2010, ch. 212, sec. 4, p. 460; am. 2015, ch. 51, sec. 7, p. 119.]
The commission may, in its discretion, make such additional investigation and inquiry relative to the applicant for instructor certification as it shall deem advisable, and if other good cause exists, may deny or accept the application for certification. Based upon an applicant’s educational background, experience in related activities, or a review of the applicant’s evaluations as an assistant teacher, the commission may modify the requirements for instructor certification; such modification may include reducing the requirements or assigning additional requirements for certification.
[54-2034, added 2000, ch. 285, sec. 3, p. 929; am. 2006, ch. 166, sec. 8, p. 513.]
(1) Certification. Each instructor certification issued by the commission shall be for a term of up to two (2) years and shall expire on the birthday of the certificate holder.
(2) Recertification.
(a) In order to be recertified, each instructor shall:
(i) Return a completed recertification application on a form provided by the commission, along with all necessary attachments and fees, to the commission office prior to the expiration date for commission approval;
(ii) Demonstrate the ability to adequately teach the course. The ability to adequately teach shall be determined by the commission based upon any or all of the following:
Evaluations received from students;
Direct observation of the instructor’s teaching performance by a commission representative; or
Review of the outline and reference materials provided for the course; and
(iii) Have attended a commission-sponsored instructor development seminar or received other acceptable training in methods of teaching adults during the preceding two (2) years.
(b) Recertification shall not be effective until the commission formally approves the application for renewal. An instructor’s failure to obtain approved recertification prior to the expiration of the certification will result in no credit being given for any course taught by the instructor whose certification has expired prior to conclusion of the course.
[54-2035, added 2000, ch. 285, sec. 3, p. 929; am. 2003, ch. 65, sec. 5, p. 217; am. 2007, ch. 98, sec. 7, p. 296; am. 2015, ch. 52, sec. 2, p. 124; am. 2024, ch. 86, sec. 17, p. 403.]
Every real estate course offered for prelicense or continuing education credit for an Idaho real estate license shall first be certified and accredited by the Idaho real estate commission.
(1) An application for course certification must be submitted in the form and manner required by the commission, with the required fees, at least two (2) months prior to the contemplated date of the first course offering.
(2) Minimum requirements for course certification:
(a) Each course must be certified individually, offered only through a provider certified or approved in Idaho, and taught by an instructor certified or approved in Idaho in accordance with this chapter.
(b) Each continuing education course must contain at least one (1) classroom hour.
(c) Exam time shall not be included as approved classroom hours of instruction.
(d) A classroom hour is defined as a period of at least fifty (50) minutes of actual instruction.
(e) Distance learning courses. The design and delivery of each distance learning course shall be certified by the association of real estate license law officials or by another institution whose certification standards are deemed equivalent by the commission. The credit hours for a certified distance learning course shall be based upon the same number of hours that would be credited for an equivalent live course and must include a commission-approved assessment.
(f) Each prelicense course must include a commission-approved final exam requiring a minimum passing score of seventy percent (70%).
(g) Continuing education course exam. A licensee may receive continuing education course credit without having to take or pass an exam if the licensee personally attends the entire live presentation of an approved course.
(h) Exam retake policy. Each certified course provider may, at its option, allow students who complete a course and then fail the course exam one (1) opportunity to retake the approved course exam within the following time periods:
(i) Prelicense course exam retakes must occur within one (1) month of the original course exam;
(ii) Continuing education course exam retakes must occur within that course’s certification period;
(iii) If a student fails the retake exam for any prelicense or continuing education course, the student must repeat the entire course and pass the final exam to receive credit.
(i) Challenge exams. Except where the prelicense requirements have been waived or modified by the commission pursuant to section 54-2022(6), Idaho Code, a student shall not earn credit for any prelicense course by challenging and passing the course exam without otherwise completing all course requirements.
(3) Approved topics. The commission shall establish specific, approved topics for course content for prelicense courses and continuing education courses as it deems appropriate to current real estate practices and laws.
[54-2036, added 2000, ch. 285, sec. 3, p. 929; am. 2001, ch. 123, sec. 13, p. 433; am. 2002, ch. 280, sec. 3, p. 822; am. 2005, ch. 107, sec. 11, p. 351; am. 2006, ch. 166, sec. 9, p. 513; am. 2010, ch. 213, sec. 4, p. 465; am. 2015, ch. 51, sec. 8, p. 120; am. 2020, ch. 87, sec. 3, p. 234.]
Each course certification issued by the commission shall be for a term of two (2) years. The exact expiration date will be shown on the course certificate. In order to maintain certification a course provider, for each course, must return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date and within sufficient time for commission review and approval. Recertification is not effective until the commission has formally approved the application for renewal. Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for a course if its certification has expired prior to conclusion of the course.
[54-2037, added 2000, ch. 285, sec. 3, p. 930.]
The requirement that each brokerage company be maintained and conducted in compliance with the Idaho real estate license law and the Idaho real estate brokerage representation act is the responsibility of its designated broker. The designated broker is responsible for the actions of its licensees and associated unlicensed persons performed within the course and scope of their employment or agency, regardless of the location of the company’s business or where representation is conducted.
(1) A designated broker is required to:
(a) Supervise and control, in the manner required by law and rule, all office locations, and the activities of all licensees and unlicensed persons associated with that brokerage company or for whom that designated broker is responsible;
(b) Review and approve all real estate agreements including, but not limited to, those related to listing, selling or purchasing property and brokerage representation agreements;
(c) Be reasonably available to manage and supervise the brokerage company during regular business hours and will maintain adequate, reasonable, and regular contact with sales associates engaged in real estate transactions so as to prevent or curtail practices by a licensee that would violate any provision of this chapter; and
(d) Be reasonably available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the designated broker or his sales associate is involved.
(2) A broker who is otherwise qualified to do business in Idaho, but is not able to manage and supervise according to this section, may be licensed as a "limited broker" in Idaho and shall not have any sales associates licensed under that broker.
(3) An actively licensed salesperson or broker may, in the ordinary course of business, give an opinion of the price of real estate for the purpose of a prospective listing or sale. Only an actively licensed broker or associate broker may prepare and render a broker price opinion, as defined in this chapter. An associate broker who prepares and renders a broker price opinion shall notify the designated broker, and the associate broker may not accept any fee except through the designated broker. Any licensee who renders a price opinion that does not comply with this subsection or with the requirements of section 54-4105, Idaho Code, is subject to discipline by the commission.
(4) A designated broker shall not allow any person who is not properly licensed to represent that broker as a sales associate, or otherwise, in any real estate business activities requiring a real estate license. "Properly licensed" means a license or a change in license that has been made effective by the commission.
[54-2038, added 2000, ch. 285, sec. 3, p. 931; am. 2011, ch. 108, sec. 2, p. 278; am. 2020, ch. 106, sec. 1, p. 286.]
(1) Each real estate brokerage company must have a legally qualified individual acting as designated broker at all times. Each branch office licensed under section 54-2016(4), Idaho Code, shall have, at all times, a legally qualified individual acting as branch manager.
(2) Change of broker in business entity. A license issued to a legal business entity, as defined in this chapter, is effective only as long as the individual designated broker’s license is in active status and in effect. If the individual so designated has a license refused, revoked, suspended or otherwise made inactive by the commission, or if the individual designated broker voluntarily surrenders the individual license or ceases to be connected with the entity in the manner required in this chapter, the business entity shall have ten (10) business days in which to designate another qualified individual as designated broker before the entity’s license is terminated, and the licenses of all associated licensees are made inactive.
(3) Effective date of changes. No change in designated broker shall be effective until written notice is received and approved by the commission, in the form required.
(4) Failure to comply — Original broker to remain responsible except in the case of revocation. Where a licensed brokerage company fails to comply with this section and its office is closed, or during any period where the designated broker has left the brokerage company and no new broker has been designated to act for the company, the original designated broker shall remain responsible for trust account funds, pending transactions and records in the manner described in sections 54-2041 through 54-2049, Idaho Code. However, if the license of the original designated broker of the brokerage company is revoked, the license of that brokerage company shall be made inactive and its office closed until the company designates another qualified individual to act as broker.
[54-2039, added 2000, ch. 285, sec. 3, p. 931; am. 2001, ch. 123, sec. 14, p. 433; am. 2015, ch. 51, sec. 9, p. 121; am. 2020, ch. 106, sec. 2, p. 287.]
(1) Definite location required. Each individual licensed as a designated real estate broker under the provisions of this chapter shall be required to have and maintain a definite, physical place of business, which place shall serve as his main office for the transaction of business and be regarded for the intent and purpose of this chapter as his principal place of business. Notice in writing shall be given to the commission of any change by the broker of the business name, location, or mailing address. No other location may be used as a main office location until proper notice is acknowledged by the commission. A change of business name or location without notification to the commission shall automatically inactivate the license previously issued. The broker shall also notify the commission in writing of any change in the business telephone number. A designated broker is not required to obtain, display or possess a physical license certificate as evidence of the business’s licensure; however, the commission may make license certificates available for a fee as authorized by this chapter. The broker shall not display or otherwise make available to the public any license certificate bearing a former business name or former location.
(2) Broker for more than one business. A qualified individual may be the designated broker for more than one (1) licensed real estate business entity only if all licensed businesses operate their main offices at the same physical location.
(3) Brokers sharing same business location. More than one (1) individually licensed broker may operate an office at the same address only if each broker operates under a business name which clearly identifies the broker as an individual within the group of brokers, and each broker shall maintain his or her records and trust accounts separate from all other brokers.
(4) Business name. A broker shall not conduct business under any name other than the one in which the license is issued.
(5) Lending license prohibited. A broker shall not lend or permit the use of the broker’s license, whether for compensation or not, to enable anyone licensed or unlicensed to, in fact, establish or carry on a business for which a real estate broker’s license is required, wherein the broker does not actively manage and have full control. In like manner, a salesperson shall not use another person’s broker’s license, whether for compensation or not, to establish or carry on a business for which a broker’s license is required, nor to manage and control the office, except as allowed by section 54-2016(4), Idaho Code.
[54-2040, added 2000, ch. 285, sec. 3, p. 932; am. 2001, ch. 123, sec. 15, p. 435; am. 2002, ch. 220, sec. 8, p. 616; am. 2007, ch. 98, sec. 8, p. 296; am. 2020, ch. 106, sec. 3, p. 288.]
(1) A licensed Idaho real estate broker shall be responsible for all moneys or property entrusted to that broker or to any licensee representing the broker. For purposes of this section, moneys or property shall not be considered entrusted to the broker or to any licensee representing the broker when the parties to the transaction have instructed the broker or its licensees, in writing, to transfer such moneys or property to a third party, including, but not limited to, a title, an escrow or a trust company if upon transfer, the broker or its licensees have no right to exercise control over the safekeeping or disposition of said moneys or property.
(2) Unless otherwise instructed by the parties in writing to deposit entrusted moneys on a later day, immediately upon receipt, the broker shall deposit entrusted moneys in a neutral, qualified trust fund account pursuant to section 54-2042, Idaho Code, and shall properly care for any entrusted property.
(3) Only moneys relating to a regulated real estate transaction may be deposited in the broker’s real estate trust fund account. Entrusted moneys shall not be commingled with moneys of the broker, firm or agent, except for that minimum amount that may be required to open and maintain the trust account or as otherwise allowed by subsection (7) of section 54-2042, Idaho Code.
(4) A licensed real estate broker shall not be responsible for depositing moneys into the broker’s real estate trust account, nor responsible for creating a real estate trust account with an approved depository as set forth in section 54-2042, Idaho Code, when the parties to the transaction have instructed the broker or its licensees, in writing, to transfer such moneys to a third party, including, but not limited to, a title, an escrow or a trust company. Provided however, a broker shall be responsible for maintaining a record of the time and date that said moneys or property was transferred from the broker to a third party.
(5) The real estate broker shall remain fully responsible and accountable for all entrusted moneys and property until a full accounting has been given to the parties involved.
[54-2041, added 2000, ch. 285, sec. 3, p. 933; am. 2001, ch. 123, sec. 16, p. 436; am. 2002, ch. 220, sec. 9, p. 617; am. 2005, ch. 107, sec. 12, p. 352; am. 2009, ch. 134, sec. 1, p. 415.]
A broker may establish one (1) or more real estate trust accounts but each account must meet all requirements of this chapter, including the following:
(1) Each trust account must be established at an approved depository and must be noninterest-bearing, except as allowed in section 54-2043, Idaho Code, or as otherwise may be provided by law. Approved depositories are state or federally chartered banks and trust companies, state or federally chartered savings and loan associations, properly licensed title insurance companies, or an actively licensed attorney at law.
(2) Each account must be identified by the term "real estate trust account," on checks, deposit slips, and with the depository.
(3) Each trust account must be established and maintained under the licensed business name of the broker, and shall be under the full control of the broker.
(4) Each broker trust account must have a separate and complete set of records, which must consist of a monthly accounting, deposits, charges, and withdrawals or checks, even if the moneys are on deposit with a title company, attorney or other approved depository. The broker is responsible for ensuring that these separate account records are provided by the depository.
(5) Funds deposited in a real estate trust account must be subject to withdrawal on demand at the order or direction of the broker at all times, even if deposited with a title company or other approved depository.
(6) A commission-approved form giving notice of opening a trust account and giving authorization for the commission to inspect the account must be completed for each trust account, signed by the broker and an officer of the bank or depository and returned to the commission.
(7) No deposits to the trust account shall be made of funds that belong to the broker or real estate firm, except that the broker may deposit broker or firm funds for the purpose of opening and maintaining the account and for the payment of anticipated bank service charges for the trust account. In no event shall the balance of broker or firm funds in the account exceed three hundred dollars ($300). Maintenance funds shall not be disbursed for any purpose other than to cover bank charges charged directly to the trust account by the bank.
(8) An entity not specified as an approved escrow depository in subsection (1) of this section, may be accepted and approved by the commission as an escrow depository upon disclosure of the following:
(a) The details of the entity’s financial structure;
(b) The amount and terms of errors and omissions insurance and any bonding;
(c) A copy of the entity’s last audit and financial statement;
(d) A copy of any license or certificate issued to the entity; and
(e) Any other information that may help the commission make its determination.
[54-2042, added 2000, ch. 285, sec. 3, p. 933; am. 2001, ch. 123, sec. 17, p. 436; am. 2005, ch. 107, sec. 13, p. 352.]
The broker may deposit funds in a separate, interest-bearing trust account for a single transaction if directed in writing by both parties to the transaction, and only if the following additional requirements are met:
(1) The interest-bearing trust account must be established in accordance with all requirements in section 54-2042, Idaho Code. However, the interest-bearing trust account shall be created at an approved depository.
(2) The deposit shall be made in the name of the broker, as described above, and each such account shall contain only the funds relating to one (1) transaction.
(3) The interest-bearing trust account, when created for this purpose, must allow for withdrawal of the funds upon the broker’s demand, unless all parties direct the broker in writing to do otherwise.
(4) There must be a written agreement signed by both the buyer and the seller stating who is to receive the interest accrued from the deposit. This agreement is to be retained by the responsible broker in the transaction file with a copy given to the buyer and the seller.
[54-2043, added 2000, ch. 285, sec. 3, p. 934; am. 2005, ch. 107, sec. 14, p. 353.]
In order that the financial interests of the consumers of Idaho be adequately protected, each designated broker is required to create and maintain the following records regarding any real estate trust account, and is required to reconcile and balance each trust account with all ledger records, the check register and the bank statement at least once each month. Any electronic recordkeeping system is required to have a generally accepted and adequate backup system in use at all times.
(1) Maintenance ledger record. A separate ledger card or record, herein called "ledgers," identified as "trust account maintenance fund" shall be initiated when the broker’s or firm’s funds are initially deposited into the trust account. These ledgers shall be filed at all times with the broker’s current "open" ledgers of pending transactions. Additions or deductions to trust account maintenance funds shall be posted to the ledger records as soon as the broker is given notice of the deposit or deduction. The balance on this maintenance fund ledger shall be kept current at all times.
(2) Individual trust ledger records. An individual trust ledger shall be immediately created whenever a broker, or any licensed or unlicensed person representing the broker, receives earnest money or other consideration, even if the consideration will be deposited with, held by, paid directly to, transferred or delivered to a title company, other approved depository, or any other person, as directed in writing, and signed by both parties to the transaction. Receipt of consideration, for purposes of this chapter, occurs when the broker or any person representing the broker, takes physical possession of the consideration or assumes the responsibility to deliver or deposit it.
(3) When a broker deposits funds with another broker, an approved depository, or directly to the seller or any other person, as directed in writing by both parties to the transaction, a ledger record must be created by the transferring broker, with a transaction number assigned. Upon transfer of funds or consideration, a receipt for such deposit shall be obtained and retained in the transaction files of the transferring broker. The receipt must show the name of the payee and date of transfer.
(4) Additional requirements for creating an individual trust ledger record are set forth in section 54-2045, Idaho Code. Individual trust ledger records must each be assigned a transaction number. In addition, each individual trust account ledger record created must contain:
(a) The next chronological transaction number for each transaction;
(b) The names of both parties to the transaction;
(c) The location of the property;
(d) The date of each deposit and disbursement;
(e) The name of the payor or payee;
(f) The amount and check number of each disbursement;
(g) The amount and nature of the deposit;
(h) The current balance; and
(i) After the transaction is closed, each individual ledger record must show the final disposition of the transaction and funds.
A broker’s trust account ledger records must be maintained with one (1) file, electronic or hard copy, for closed, terminated and rejected transactions, and a separate file for transactions pending but not closed. Ledger records shall be kept in alphabetical order or by transaction number. Ledger posting must be kept current at all times.
(5) Trust account checks. The broker shall maintain consecutively numbered checks for each trust account, which checks must:
(a) Contain the broker’s licensed business name and current business address; and
(b) Be imprinted with the words "real estate trust account."
(6) Check register or journal. A check register or journal must be posted properly, maintained and kept current by the broker at all times even if funds are held at a title company or other approved depository. The register must itemize deposits and disbursements in consecutive order, and must also clearly show:
(a) The date of the deposit or disbursement;
(b) The payee or payor;
(c) The amount and purpose of any deposits or disbursements;
(d) The check number;
(e) The transaction number; and
(f) The current cash balance remaining in that trust account.
(7) Duplicate bank deposit record. For each trust account, the broker shall maintain, in hard copy, a duplicate bank deposit record, which shall be imprinted with the broker’s business name and the words, "real estate trust account." Each deposit record shall state:
(a) The name of the person or firm placing the money with the broker’s office;
(b) The date of the deposit; and
(c) The transaction number. The duplicate deposit record shall be retained in the bank deposit records in proper chronological sequence and shall be date stamped by the bank or the bank deposit receipt shall be attached to the duplicate deposit record in the deposit records.
(8) Real estate trust account checks. For each trust account, the broker shall maintain a set of consecutively numbered checks, which shall be imprinted with the broker’s business name and address and the words "real estate trust account." Any check drawn on such a trust account shall be identified by a transaction number noted on the face of the check. Any voided trust account check shall be marked "VOID" and retained in numerical sequence with the other checks for the banking month.
[54-2044, added 2000, ch. 285, sec. 3, p. 935; am. 2007, ch. 98, sec. 9, p. 298.]
Except as otherwise provided in this section, all entrusted funds received by a broker in connection with a regulated real estate transaction, including, but not limited to, earnest money, shall be deposited into a real estate trust account maintained by the broker at an approved depository. In addition, all earnest money, option money, promissory notes, tangible personal property and any other consideration received by a broker, regardless of form, must be accounted for upon receipt and in the following manner:
(1) Time of deposit. All moneys received by a broker for another in a real estate transaction are to be deposited on or before the banking day immediately following the receipt day of such funds, unless written instructions signed by the party or parties having an interest in the funds direct the broker to do otherwise.
(2) Checks held in uncashed form. A ledger record must also be created when the broker or associate receives a check to be held for later deposit. However, such a check must be accompanied by written instructions in the purchase and sale agreement or offer to withhold deposit until a time certain, such as acceptance of the offer by the seller.
(3) Consideration returned before deposit. A ledger record must also be created even if the consideration received by a broker or salesperson is to be returned before it has been deposited or otherwise transferred. A written and dated notation must be placed on both the purchase and sale agreement, offer or other document dealing with the consideration, and on the ledger record. No consideration is to be returned without the knowledge and consent of the broker.
(4) Consideration received by sales associate. All consideration, including cash, checks held in uncashed form and promissory notes, received by a sales associate in connection with a real estate transaction shall be immediately delivered to the broker or the broker’s office.
[54-2045, added 2000, ch. 285, sec. 3, p. 936; am. 2007, ch. 98, sec. 10, p. 299.]
The broker who holds entrusted funds or like payments in lieu of cash received in a regulated real estate transaction is fully responsible for all such funds until a full accounting has been made to the parties involved. All cash or like payments in lieu of cash must be disbursed from the real estate trust account only in accordance with this section. Failure to comply with this section is a violation of license law and will subject the broker to discipline.
(1) Written authorization required. No disbursements shall be made without a written, signed authorization by the parties to the transaction or an order of the court. Written and signed instructions from parties to the transaction may be in the purchase and sale agreement or in a separate document.
(2) Disbursements in advance of closing. No disbursements shall be made in advance of closing or before the happening of a condition set forth in the purchase and sale agreement or other agreement in a regulated real estate transaction to the seller, closing agent or any other person without the required written and signed authorization.
(3) Disbursements to escrow agent. When set forth in the purchase and sale agreement that funds are to be disbursed to the person or company named as the escrow closing agent or agency, such disbursement shall be made to the person, company, agent or agency on or before the day of closing, and a receipt for such disbursement shall be retained in the broker’s transaction file.
(4) Withdrawal of broker’s commission. No disbursement of any portion of the broker’s commission shall take place without prior written, signed authorization from the buyer and seller or until copies of the closing statements, signed by the buyer and seller, have been delivered to the broker and until the buyer or seller has been paid the amount due as determined by the closing statement.
(5) Provision for forfeited earnest money. The purchase and sale agreement must include a provision for division of moneys taken as earnest money when the transaction is not closed and such moneys are retained by any person as forfeited payment.
[54-2046, added 2000, ch. 285, sec. 3, p. 937; am. 2001, ch. 123, sec. 18, p. 437.]
(1) Any time more than one (1) party to a transaction makes demand on funds or other consideration for which the broker is responsible, such as, but not limited to, earnest money deposits, the broker shall:
(a) Notify each party, in writing, of the demand of the other party; and
(b) Keep all parties to the transaction informed of any actions by the broker regarding the disputed funds or other consideration, including retention of the funds by the broker until the dispute is properly resolved.
(2) The broker may reasonably rely on the terms of the purchase and sale agreement or other written documents signed by both parties to determine how to disburse the disputed money and may, at the broker’s own discretion, make such disbursement. Discretionary disbursement by the broker based on a reasonable review of the known facts is not a violation of license law, but may subject the broker to civil liability.
(3) If the broker does not believe it is reasonably possible to disburse the disputed funds, the broker may hold the funds until ordered by a court of proper jurisdiction to make a disbursement. The broker shall give all parties written notice of any decision to hold the funds pending a court order for disbursement.
[54-2047, added 2000, ch. 285, sec. 3, p. 937.]
The "responsible broker," as referred to in this section, shall be responsible to the commission for the transaction, transaction records, the funds and closing in accordance with the requirements of this chapter. The broker who lists and sells any real property shall be deemed the responsible broker in the transaction. In the case of a cooperative sale, the broker who holds entrusted funds in a real estate trust account while the transaction is pending, or who delivers or transfers the funds to the closing agency or any authorized party other than the cooperating broker in the transaction, shall be deemed the broker responsible for the transaction. The responsible broker shall:
(1) Ensure the correctness and delivery of detailed closing statements that accurately reflect all receipts and disbursements for their respective accounts to both the buyer and seller in a transaction, even if the closing is completed by a real estate escrow closing agent, title company or other authorized third party and regardless of the responsible broker’s agent or nonagent relationship to the buyer or seller.
(2) Show proof of delivery of the closing statement to the buyer and seller by their signatures on copies of such closing statements, which shall be retained in the broker’s transaction file. When signatures of the parties cannot be obtained, a copy of the closing statement transmittal letter, sent by certified mail, return receipt requested, or a written certification of delivery signed by an officer of the escrow closing agency, shall be retained in the broker’s transaction files.
(3) Create and maintain, for the retention period required in section 54-2049, Idaho Code, a transaction file containing the following documents, as applicable. For all pending, closed or fallen transactions, the original or a true and correct copy of:
(a) Signed closing statements, if applicable;
(b) Written and signed brokerage representation agreements, if any. A responsible broker who is representing both the seller and the buyer in a transaction shall retain properly executed brokerage representation agreements in the transaction file and, if appropriate to the transaction, a properly executed "consent to limited dual representation" statement. A responsible broker who has a signed brokerage representation agreement with only one (1) party to the transaction, either buyer or seller, must retain only that one (1) agreement in the transaction file;
(c) All offers accepted, countered or rejected, which must each be retained in the manner required in section 54-2049, Idaho Code;
(d) The original or a true and correct copy of all rejected offers must be retained in the files of the selling broker for the statutory records retention period in section 54-2049, Idaho Code.
[54-2048, added 2000, ch. 285, sec. 3, p. 938; am. 2020, ch. 87, sec. 4, p. 235.]
All records required in this chapter to be kept and maintained by a real estate broker, including trust account and financial records, transaction files and other records are to be kept in the broker’s files according to this section. The following records must be kept by a broker for three (3) calendar years after the year in which the event occurred, the transaction closed, all funds were disbursed, or the agreement and any written extension expired:
(1) The original or true copy of all accepted, countered or rejected offers;
(2) Listing or buyer brokerage representation agreements and "consent to limited dual representation" forms;
(3) Transaction files and the contents required in section 54-2048(3), Idaho Code;
(4) Trust account ledger records; and
(5) All trust account reconciliation records, as defined in this chapter.
[54-2049, added 2000, ch. 285, sec. 3, p. 939.]
All real estate brokerage representation agreements, whether with a buyer or seller, must be in writing in the manner required by section 54-2085, Idaho Code, and must contain the following contract provisions:
(1) Seller representation agreements. Each seller representation agreement, whether exclusive or nonexclusive, must contain the following provisions:
(a) Conspicuous and definite beginning and expiration dates;
(b) A description of the property to be bought or sold that sufficiently identifies the property so as to evidence an understanding of the parties as to the location of the real property. Nothing in this section shall be construed to require a legal description nor a metes and bounds description of the property. Provided further, a representation agreement shall not be held invalid for lack of a legal description or a metes and bounds description;
(c) Price and terms;
(d) All fees or commissions; and
(e) The signature of the owner of the real estate or the owner’s legal, appointed and duly qualified representative and the date of such signature.
(2) Buyer representation agreements. Each buyer representation agreement, whether exclusive or nonexclusive, must contain the following provisions:
(a) Conspicuous and definite beginning and expiration dates;
(b) All financial obligations of the buyer or prospective buyer, if any, including, but not limited to, fees or commissions;
(c) The manner in which any fee or commission will be paid to the broker; and
(d) Appropriate signatures and their dates.
(3) Prohibited provisions and exceptions — Automatic renewal clauses. No buyer or seller representation agreement shall contain a provision requiring the party signing the agreement to notify the broker of the party’s intention to cancel the agreement after the definite expiration date, unless the representation agreement states that it is completely nonexclusive and it contains no financial obligation, fee or commission due from the party signing the agreement.
(4) Copies required. A sales associate who obtains a signed brokerage representation agreement of any kind shall provide a true and legible copy of such representation agreement to the designated broker or broker’s office prior to the end of the next business day.
(5) Copies required. A broker or salesperson who obtains a signed brokerage representation agreement of any kind shall, at the time of securing such agreement, give the person or persons signing such agreement a legible, signed, true and correct copy thereof. To the extent the parties have agreed in writing, copies that are electronically generated or transmitted, faxed or delivered in another method shall be deemed true and correct.
(6) Electronically generated agreements. To the extent the parties have agreed in writing, brokerage representation agreements with a buyer or seller that are electronically generated or transmitted, faxed or delivered in another method shall be deemed true and correct and enforceable as originals.
[54-2050, added 2000, ch. 285, sec. 3, p. 939; am. 2001, ch. 123, sec. 19, p. 438; am. 2009, ch. 135, sec. 1, p. 416; am. 2020, ch. 88, sec. 1, p. 238.]
(1) A broker or sales associate shall, as promptly as practicable, tender to the seller every written offer to purchase obtained on the real estate involved, up until time of closing. A purchase and sale agreement signed by the prospective buyer shall be deemed in all respects an offer to purchase.
(2) Immediately upon receiving any offer to purchase signed and dated by the buyer and any consideration, a broker or salesperson shall provide a copy of the offer to purchase to the buyer as a receipt.
(3) Upon obtaining any document signed by a buyer or seller, a sales associate shall provide a true and legible copy of such document to the designated broker or broker’s office prior to the end of the next business day. If the document is a fully executed purchase and sale agreement, counter offer, or addendum, such sales associate shall also provide a true and legible copy of such document to both the buyer and the seller.
(4) The broker or sales associate shall make certain that all offers to purchase real property or any interest therein are in writing and contain all of the following specific terms, provisions and statements:
(a) All terms and conditions of the real estate transaction as directed by the buyer or seller;
(b) The actual form and amount of the consideration received as earnest money;
(c) The name of the responsible broker in the transaction, as defined in section 54-2048, Idaho Code;
(d) The "representation confirmation" statement required in section 54-2085(4), Idaho Code, and, only if applicable to the transaction, the "consent to limited dual representation" as required in section 54-2088, Idaho Code;
(e) A provision for division of earnest money retained by any person as forfeited payment should the transaction not close;
(f) All appropriate signatures and the dates of such signatures; and
(g) A legal description of the property.
(5) All changes made to any offer to purchase or other real estate purchase agreement shall be initialed and dated by the parties to the transaction.
[54-2051, added 2000, ch. 285, sec. 3, p. 940; am. 2007, ch. 98, sec. 11, p. 300; am. 2015, ch. 51, sec. 10, p. 122; am. 2020, ch. 88, sec. 2, p. 239.]
To the extent the parties to the transaction have agreed in writing offers to purchase, counteroffers and acceptances may be electronically generated or transmitted, faxed or delivered in another method shall be deemed true and correct and enforceable as originals.
[54-2052, added 2000, ch. 285, sec. 3, p. 941; am. 2001, ch. 123, sec. 20, p. 439.]
(1) Only licensees who are actively licensed in Idaho may be named by an Idaho broker in any type of advertising of Idaho real property, may advertise Idaho property in Idaho or may have a sign placed on Idaho property.
(2) All advertising of listed property shall clearly and conspicuously contain the broker’s licensed business name. A new business name shall not be used or shown in advertising unless and until a proper notice of change in the business name has been approved by the commission.
(3) All advertising by licensed branch offices shall clearly and conspicuously contain the broker’s licensed business name.
(4) No advertising shall provide any information to the public or to prospective customers or clients that is misleading in nature. Information is misleading if, when taken as a whole, there is a distinct probability that such information will deceive the persons whom it is intended to influence.
[54-2053, added 2000, ch. 285, sec. 3, p. 941; am. 2017, ch. 125, sec. 1, p. 295.]
(1) Court action for fee collection. No person engaged in the business or acting in the capacity of real estate broker or salesperson in Idaho shall bring or maintain any action in the courts for the collection of a fee, commission or other compensation for the performance of any acts requiring a real estate license as provided in section 54-2002, Idaho Code, without alleging and proving that such person was an actively licensed broker or salesperson in Idaho at the time the alleged cause of action arose.
(2) Fee-splitting with unlicensed persons prohibited. Unless otherwise allowed by statute or rule, a real estate broker, associate broker or salesperson licensed in the state of Idaho shall not pay any part or share of a commission, fee or compensation received in the licensee’s capacity as such in a regulated real estate transaction to any person who is not actively licensed as a real estate broker in Idaho or in another state or jurisdiction. The Idaho broker making the payment to another licensed person is responsible for verifying the active licensed status of the receiving broker. This section shall not prohibit payment of a part or share of a commission, fee or compensation by the broker to an unlicensed legal business entity, if:
(a) All of the entity’s shareholders, members or other persons having a similar ownership interest are active real estate licensees; and
(b) An owner licensed under the broker performed the licensed activities for which the payment is made.
An Idaho licensee may pay any part or share of a commission, fee or compensation received, directly to the buyer or seller in the real estate transaction. However, no commission, fee or compensation may be split with any party to the transaction in a manner which would directly or indirectly create a double contract, as defined in this chapter, or which would otherwise mislead any broker, lender, title company or government agency involved in the transaction regarding the source of funds used to complete the real estate transaction or regarding the financial resources or obligations of the buyer.
(3) Finder’s fees prohibited. Any offer of monetary value, by an Idaho licensee, to any person who is not licensed in Idaho or any state or jurisdiction, made for the purpose of inducing such unlicensed person to secure prospects to buy, sell, option, or otherwise dispose of an interest in real property shall be considered to be splitting fees with an unlicensed person, and is prohibited.
(4) Interference with real estate brokerage agreement prohibited. It shall be unlawful for any person, licensed or unlicensed, to interfere with the contractual relationship between a broker and a client. Communicating a company’s relocation policy or benefits to a transferring employee or consumer shall not be considered a violation of this subsection so long as the communication does not involve advice or encouragement on how to terminate or amend an existing contractual relationship between a broker and client.
(5) Double contracts prohibited. No licensed broker or salesperson shall use, propose the use of, agree to the use of, or knowingly permit the use of a double contract, as defined in section 54-2004, Idaho Code, in connection with any regulated real estate transaction. Such conduct by a licensee shall be deemed flagrant misconduct and dishonorable and dishonest dealing and shall subject the licensee to disciplinary action by the commission.
(6) Kickbacks and rebates prohibited. No licensed real estate broker or salesperson shall receive a kickback or rebate for directing any transaction to any individual for financing. A licensee shall not receive a kickback or unearned fee for directing any transaction to any lending institution, escrow or title company, as those practices are defined and prohibited by the real estate settlement procedures act. However, a licensee legally receiving any fee or rebate from any person providing direct services to either the buyer or the seller in connection with a regulated real estate transaction is required to disclose the licensee’s intent to receive such fee, rebate or compensation in writing to all parties to the transaction prior to closing.
(7) Compensation from more than one party. No licensed real estate broker or salesperson shall charge or accept compensation from more than one (1) party in any one (1) transaction, without first making full disclosure in writing of the broker’s intent to do so, to all parties involved in the transaction.
(8) After-the-fact referral fees prohibited. It shall be unlawful for any person to solicit or request a referral fee or similar payment from a licensed Idaho real estate broker or sales associate, for the referral of a buyer or seller in connection with a regulated real estate transaction, unless the person seeking the referral fee has reasonable cause. "Reasonable cause" shall not exist unless:
(a) The person seeking the referral fee has a written contractual relationship with the Idaho real estate broker for a referral fee or similar payment; and
(b) The contractual relationship providing for the referral fee exists at the time the buyer or seller purportedly referred by such person signs a written agreement with the Idaho broker for the listing of the real estate or for representation by the broker, or the buyer signs an offer to purchase the real estate involved in the transaction. It shall be unlawful for any person including, but not limited to, a relocation company or company with a relocation policy or benefits, to directly or indirectly threaten to or actually reduce or withhold promised or expected employee or customer relocation benefits from a buyer or seller in a regulated real estate transaction based upon a broker’s participation in payment of a referral fee or other fee.
(9) All fees must be paid through broker. No sales associate shall accept any commission, compensation or fee for the performance of any acts requiring a real estate license from any person except the real estate broker with whom the sales associate is licensed. However, if authorized by the broker, a sales associate may:
(a) Pay all or any portion of the accepted commission, compensation or fee to any other sales associate who is licensed with the same broker; or
(b) Accept payment from an unlicensed entity paid by the broker in accordance with subsection (2) of this section.
A broker may pay a former sales associate for services performed while the sales associate was actively licensed with that broker, regardless of the former sales associate’s license status at the time the commission or fee is actually paid.
[54-2054, added 2000, ch. 285, sec. 3, p. 941; am. 2000, ch. 261, sec. 1, p. 732; am. 2002, ch. 220, sec. 10, p. 618; am. 2003, ch. 65, sec. 6, p. 218; am. 2015, ch. 73, sec. 1, p. 192.]
(1) Any actively licensed Idaho broker, sales associate, or legal business entity shall comply with this entire chapter when that licensee is buying, selling or otherwise acquiring or disposing of the licensee’s own interest in real property in a regulated real estate transaction.
(2) A licensee shall disclose in writing to any buyer or seller no later than at the time of presentation of the purchase and sale agreement that the licensee holds an active Idaho real estate license, if the licensee directly, indirectly, or through a third party, sells or purchases an interest in real property for personal use or any other purpose; or acquires or intends to acquire any interest in real property or any option to purchase real property.
(3) Each actively licensed person buying or selling real property or any interest therein, in a regulated real estate transaction, must conduct the transaction through the broker with whom he is licensed, whether or not the property is listed.
[54-2055, added 2000, ch. 285, sec. 3, p. 943; am. 2003, ch. 65, sec. 7, p. 220; am. 2010, ch. 217, sec. 4, p. 490.]
(1) Termination of licensed association. A sales associate who terminates his licensed association with a broker shall provide the broker written notice of the termination no later than three (3) business days after the effective date. A broker who terminates the licensed association of a sales associate shall provide the associate written notice of the termination no later than three (3) business days after the effective date. A licensee’s written notice to the commission does not relieve him of the duty to provide written notice to the other licensee that he is terminating the licensed association.
(2) New association. The broker shall submit a written application, in the form and manner approved by the commission, for each sales associate licensing with the broker.
(3) Termination for cause. Any broker who terminates the association of a sales associate for the violation of any of the provisions of sections 54-2059 through 54-2065, Idaho Code, shall, within ten (10) business days of the termination, notify the commission, in writing, of the termination and the facts giving rise to the termination.
(4) Closing a branch office. Immediately upon closing a branch office, the broker shall provide the commission written notice of the closure advising of the new status of all licensees licensed with the closed branch. The broker shall remove from public view any license certificates for the branch office.
(5) Property of the broker. Upon termination of the business relationship as a sales associate licensed under a broker, the sales associate shall immediately turn over to the broker all listing information and listing contracts, keys, purchase and sale agreements and similar contracts, buyer brokerage information and contracts, and other property belonging to the broker. A sales associate shall not engage in any practice or conduct, directly or indirectly, which encourages, entices or induces clients of the broker to terminate any legal business relationship with the broker unless he first obtains written permission of the broker.
(6) Location of trust accounts and file records. When an actively licensed broker changes to a license status other than that of a designated broker, that individual must notify the commission in writing of the location of all trust accounts and transaction file records which the broker was responsible for during the term of licensure as a designated broker. These records shall be available to the commission for three (3) years following the year in which each transaction was closed.
[54-2056, added 2000, ch. 285, sec. 3, p. 943; am. 2001, ch. 123, sec. 21, p. 439; am. 2002, ch. 220, sec. 11, p. 620; am. 2005, ch. 107, sec. 15, p. 354; am. 2007, ch. 98, sec. 12, p. 301; am. 2015, ch. 51, sec. 11, p. 123.]
(1) Legal business entities. Upon the death or incapacity of a designated broker for a legal business entity licensed as a real estate brokerage company in Idaho, the licensed entity shall appoint and designate a qualified individual as designated broker in the manner and within the time required in section 54-2039, Idaho Code, or shall cease to be licensed.
(2) Sole proprietorships. Upon the death or incapacity of a sole proprietor broker, the commission may issue a limited authorization for an executor, administrator, conservator, personal representative, court-appointed guardian, or some other person or agency to close out the pending transactions on behalf of the deceased or incapacitated broker, and only in accordance with the provisions of this section. The person given temporary authority shall close out the affairs of the deceased or incapacitated sole proprietor broker by taking the following actions:
(a) Termination of listings and buyer brokerage agreements. Termination of all listings and buyer brokerage agreements in which there are not outstanding offers or earnest money receipts.
(b) Completion of negotiations. Completion of all negotiations between buyers and sellers on transactions in which an offer to purchase has been written or received.
(c) Accounting for moneys. Depositing and withdrawing moneys from the real estate trust account in connection with completion of all transactions still pending at the time of death of a sole proprietor broker.
(d) Commissions. Prompt payment of all real estate commissions owing after closing of all transactions, both to the decedent broker’s duly appointed personal representative and to sales associates of the deceased broker or participating brokers entitled to commissions resulting from the transactions.
[54-2057, added 2000, ch. 285, sec. 3, p. 944.]
(1) General authority to investigate. The commission may investigate the action of any person engaged in the business or acting in the capacity of real estate broker or salesperson in this state, or any person believed to have acted as a real estate broker or salesperson without a license in violation of section 54-2002, Idaho Code. Upon receipt of a written complaint from anyone who claims to have been injured or defrauded as a result of such action, or upon information received by the executive director, the executive director shall perform an investigation of the facts alleged against such real estate broker or salesperson or such unlicensed person. Prior to the initiation of any proceedings for the revocation or suspension of a license, or for such other disciplinary actions as set forth in section 54-2059, Idaho Code, the executive director shall transmit to the commission a report, in writing, signed by the executive director, setting forth the facts alleged against such real estate broker or salesperson or unlicensed person. Upon receiving such report, the commission shall make an examination of all the facts and circumstances connected with such report. If the facts set forth in the report are deemed insufficient by the commission, no further action shall be taken, unless the executive director resubmits the report with additional facts supporting the filing of an administrative complaint. Should the commission deem that the facts set forth in the report are sufficient to proceed with a formal action, the commission shall authorize the filing of an administrative complaint against such person.
(2) Audits. The commission or its duly authorized representative is vested with the authority to conduct periodic inspections, surveys and audits of the transaction records and real estate trust accounts of all Idaho licensed designated brokers. Any transaction records or real estate trust account records located outside the state of Idaho shall promptly be made available to the commission upon request at the licensee’s own cost and at the location or in the manner requested by the commission. If the analysis of a broker’s real estate trust account indicates a deficiency or any irregularity which cannot be resolved between the commission and the broker, the commission may order a complete audit of the trust account by a certified public accountant at the broker’s expense.
(3) The commission also has the authority to investigate the action of any Idaho licensee as provided in this section. The licensee or broker shall answer all reasonable investigative questions of the commission, and must make available, promptly upon request, any and all records to the commission at the licensee’s own cost and at the location or in the manner requested by the commission.
[54-2058, added 2000, ch. 285, sec. 3, p. 945; am. 2001, ch. 123, sec. 22, p. 440; am. 2002, ch. 116, sec. 1, p. 330; am. 2011, ch. 108, sec. 3, p. 279.]
(1) The commission may temporarily suspend or permanently revoke licenses issued under the provisions of this chapter, issue a formal reprimand and impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any licensee who is found to have violated any section of the Idaho Code, the commission’s administrative rules or any order of the commission. The executive director may issue informal letters of reprimand to licensees without civil penalty or cost assessment.
(2) The commission may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any person who is found, through a court or administrative proceeding, to have acted without a license in violation of section 54-2002, Idaho Code. The civil penalty provisions of this section are in addition to and not in lieu of any other actions or criminal penalties for acting as a broker or salesperson without a license which might be imposed by other sections of this chapter or Idaho law.
(3) The commission may also accept, on such conditions as it may prescribe, or reject any offer to voluntarily terminate the license of a person whose activity is under investigation or against whom a formal complaint has been filed.
(4) The assessment of fees and costs incurred in the investigation and prosecution or defense of a licensee or other person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
(5) If the commission suspends or revokes a license, or imposes a civil penalty, or assesses costs and attorney’s fees, the commission may withhold execution of the suspension, revocation or civil penalty, or costs and attorney’s fees on such terms and for such time as it may prescribe.
(6) If any amounts assessed against a defendant by final order of the commission become otherwise uncollectible or payment is in default, and only if all the defendant’s rights to appeal have passed, the commission may then proceed to district court and seek to enforce collection through judgment and execution.
(7) All civil penalties, costs, and attorney’s fees collected by the commission under this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. Any amounts of civil penalties so collected, deposited and credited shall be expended for exclusive use in developing and delivering Idaho real estate education.
[54-2059, added 2000, ch. 285, sec. 3, p. 945; am. 2004, ch. 121, sec. 1, p. 409; am. 2014, ch. 42, sec. 7, p. 105; am. 2018, ch. 348, sec. 12, p. 810; am. 2021, ch. 224, sec. 51, p. 677.]
A person found guilty of misconduct while performing or attempting to perform any act requiring an Idaho real estate broker or salesperson’s license, regardless of whether the act was for the person’s own account or in his capacity as broker or salesperson, shall be subject to disciplinary action by the commission. The following acts shall constitute misconduct within the meaning of this section:
(1) Making fraudulent misrepresentations;
(2) Engaging in a continued or flagrant course of misrepresentation or making of false promises, whether done personally or through agents or salespersons;
(3) Failure to account for or remit any property, real or personal, or moneys coming into the person’s possession which belong to another;
(4) Failure to keep adequate records of all property transactions in which the person acts in the capacity of real estate broker or salesperson;
(5) Failure or refusal, upon lawful demand, to disclose any information within the person’s knowledge, or to produce any documents, books or records in the person’s possession for inspection by the commission or its authorized representative;
(6) Acting as a real estate broker or salesperson under an assumed name;
(7) Employment of fraud, deception, misrepresentation, misstatement or any unlawful means in applying for or securing a license to act as a real estate broker or salesperson in the state of Idaho;
(8) Using, proposing to use, or agreeing to use a "double contract" as prohibited in section 54-2054(5), Idaho Code;
(9) Seeking or receiving a "kickback" or rebate prohibited in section 54-2054(6), Idaho Code;
(10) Violation of any provision of sections 54-2001 through 54-2097, Idaho Code, or any administrative rule made or promulgated by the commission or any final order of the commission;
(11) Any other conduct whether of the same or a different character than hereinabove specified which constitutes dishonest or dishonorable dealings;
(12) Gross negligence or reckless conduct in a regulated real estate transaction. Conduct is grossly negligent or reckless if, when taken as a whole, it is conduct which substantially fails to meet the generally accepted standard of care in the practice of real estate in Idaho.
[54-2060, added 2000, ch. 285, sec. 3, p. 946.]
(1) The commission may also take disciplinary action against a licensee including, but not limited to, suspension or revocation of a license, where, in a court of competent jurisdiction, the licensee:
(a) Has been convicted of a felony, or has been convicted of a misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing or which otherwise demonstrates the licensee’s lack of trustworthiness to engage in the real estate business;
(b) Has been declared to lack capacity or to be incompetent or under an infirmity, for the duration of such declaration only;
(c) Has a judgment entered against the licensee in a civil action upon grounds of fraud, misrepresentation, deceit or gross negligence with reference to a real estate-related transaction.
(2) The court’s record of conviction, order determining legal competency, or the order entering judgment in a civil case, or certified copies thereof, shall be prima facie evidence of a conviction, or the court’s action.
(3) A licensee who is convicted, declared legally incompetent, or who has a judgment entered against him in a civil action as described in subsection (1) of this section, shall, within twenty (20) days of such conviction, declaration or judgment, forward to the commission a copy of the legal document evidencing the same.
[54-2061, added 2000, ch. 285, sec. 3, p. 947; am. 2001, ch. 123, sec. 23, p. 441.]
(1) The commission may also take any disciplinary action, including, but not limited to, suspension or revocation of a license where the licensee:
(a) Has an order or determination of debarment, suspension, or any limitation on participation in government loan programs issued against the licensee for misconduct; or
(b) Has a real estate or other professional license suspended or revoked for a disciplinary violation involving fraud, misrepresentation, or dishonest or dishonorable dealings. A certified copy of the order of the administrative agency in the other jurisdiction shall be prima facie evidence of the suspension or revocation.
(2) A licensee against whom a final administrative action has been taken, as described in subsection (1) of this section, shall, within twenty (20) days of such action, forward to the commission a copy of the legal document evidencing the same.
[54-2062, added 2000, ch. 285, sec. 3, p. 947; am. 2001, ch. 123, sec. 24, p. 441; am. 2005, ch. 107, sec. 16, p. 355.]
All disciplinary actions under this chapter and all rights of review or appeal are governed by chapter 52, title 67, Idaho Code, and the rules of practice and procedure of the Idaho real estate commission.
[54-2063, added 2000, ch. 285, sec. 3, p. 947.]
The commission may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction. It shall be the duty of the prosecuting attorney of each county in the state to prosecute all violations of the provisions of this chapter in their respective counties in which the violations occur.
[54-2064, added 2000, ch. 285, sec. 3, p. 948.]
Any person acting as a real estate broker or real estate salesperson within the meaning of this chapter without a license as herein provided shall be guilty of a misdemeanor and, upon conviction thereof, if a natural person, be punished by a fine of not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment in the discretion of the court; or if a limited liability company or corporation, by a fine of not to exceed ten thousand dollars ($10,000). Additionally, the court may assess a civil penalty against a natural person in an amount not to exceed five thousand dollars ($5,000) and against a limited liability company or corporation in an amount not to exceed ten thousand dollars ($10,000). All civil penalties shall be credited to the occupational licenses fund.
[54-2065, added 2000, ch. 285, sec. 3, p. 948; am. 2021, ch. 224, sec. 52, p. 677.]
The commission is hereby authorized to institute injunction proceedings in the district court of competent jurisdiction, pursuant to the Idaho rules of civil procedure, for cause shown, to restrain any person or persons from violating any provision of this chapter regardless of whether or not there exists an adequate remedy at law.
[54-2066, added 2000, ch. 285, sec. 3, p. 948.]
The commission is authorized to order that any person violating any provision of this chapter cease and desist such activity immediately. Violation of the cease and desist order shall be a violation of this chapter and shall subject the person to any and all remedies available to the commission in this or other chapters of the Idaho Code.
[54-2067, added 2000, ch. 285, sec. 3, p. 948.]
(1) The commission, or any member thereof, the executive director of the commission, or such other person so designated by the commission by rule, shall have power to administer oaths, certify to all official acts, issue subpoenas for attendance of witnesses and the production of books and papers, take the testimony of any person by deposition in the manner prescribed for in the rules of procedure of the district court of this state, in civil cases, in any investigation or hearing in any part of the state.
(2) Each witness who appears pursuant to a subpoena shall receive for his attendance the fees and mileage allowed to a witness in civil cases in the district court. Witness fees shall be paid by the party at whose request the witness is subpoenaed.
(3) If a witness, who has not been required to attend at the request of any party, is subpoenaed by the commission or executive director, his fees and mileage shall be paid from funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid.
[54-2068, added 2000, ch. 285, sec. 3, p. 948.]
There is hereby created in the state treasury the real estate recovery fund. A balance of not more than twenty thousand dollars ($20,000) shall be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter, as provided in sections 54-2069 through 54-2078, Idaho Code. Any balance over twenty thousand dollars ($20,000) shall be deposited in the special real estate fund and be subject to appropriation by the legislature for the use of the commission to carry out the provisions of this chapter.
[54-2069, added 2000, ch. 285, sec. 3, p. 949.]
Upon the original application or renewal of every real estate broker’s, associate broker’s and salesperson’s license for a two (2) year period, the licensee shall pay, in addition to the original or renewal license fee, a fee of twenty dollars ($20.00). Such additional fees and all education fees charged and collected for tuition or registration, course materials and such other fees involved with the commission education programs shall be paid into the state treasury and credited to the occupational licenses fund, except for such funds as are required to maintain a balance of twenty thousand dollars ($20,000) in the real estate recovery fund as provided for in section 54-2069, Idaho Code.
[54-2070, added 2000, ch. 285, sec. 3, p. 949; am. 2021, ch. 224, sec. 53, p. 678.]
(1) When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, such person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the real estate recovery fund in the amount of actual damages included in the judgment and unpaid, but not more than ten thousand dollars ($10,000) per licensee per calendar year. The recovery fund’s liability for all claims arising from the acts or omissions of any one (1) licensee in any calendar year shall be limited to a payment of not more than ten thousand dollars ($10,000), regardless of the number of persons damaged by the acts or omissions of a licensee, or the total amount of damage caused by such licensee, in any one (1) calendar year. If a claim is made against the fund and the commission has actual knowledge of any other claims against the recovery fund which have been filed or asserted against the same licensee and arise from acts or omissions of the licensee in the same calendar year, then the commission shall file an interpleader action in accordance with the applicable statutes and the Idaho rules of civil procedure against all known parties who may claim a right to payment from the fund. Unless the commission has actual knowledge of other potential claims, as stated above, and so files the interpleader action, the first person who obtains a final judgment against a licensee shall be entitled to the payment of that amount equal to the lesser of the judgment or ten thousand dollars ($10,000), providing the claimant meets the other criteria set forth herein.
(2) A copy of the petition shall be served upon the commission and an affidavit of such service shall be filed with the court.
(3) The court shall act upon such petition within thirty (30) days after such service and, upon the hearing thereof, the petitioner shall be required to show that:
(a) He is not the spouse of the debtor, or the personal representative of such spouse;
(b) He has complied with all the requirements of sections 54-2069 through 54-2078, Idaho Code;
(c) He has obtained a judgment of the kind described in subsection (1) of this section, stating the amount thereof and the amount owing thereon at the date of the petition;
(d) He has caused to be issued a writ of execution upon the judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application thereon of the amount realized;
(e) He has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; and
(f) That by such search he has discovered no personal or real property or other assets liable to be sold or applied, or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that he has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized.
(4) Whenever the aggrieved person satisfies the court that it is not practicable to comply with one (1) or more of the requirements enumerated in subsections (3)(d), (e) and (f) of this section, and that the aggrieved person has taken all reasonable steps to collect that amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may in its discretion dispense with the necessity for complying with such requirements.
[54-2071, added 2000, ch. 285, sec. 3, p. 949.]
(1) Whenever the court proceeds upon a petition as provided in section 54-2071, Idaho Code, the commission may answer and defend any such action against the recovery fund on behalf of the recovery fund and in the name of the defendant and may use any appropriate method of review on behalf of the recovery account.
(2) The judgment set forth in the petition shall be considered as prima facie evidence only, and the findings of fact therein shall not be conclusive for the purposes of sections 54-2069 through 54-2078, Idaho Code.
(3) The commission may, subject to court approval, compromise a claim based upon the application of a petitioner.
[54-2072, added 2000, ch. 285, sec. 3, p. 950.]
If the court finds, after hearing that the claim should be levied against the portion of the recovery fund allocated for the purpose of carrying out the provisions of sections 54-2069 through 54-2078, Idaho Code, the court shall enter an order directed to the commission requiring payment from the recovery fund of whatever sum it finds to be payable upon the claim pursuant to the provisions of and in accordance with the limitations contained in section 54-2071, Idaho Code.
[54-2073, added 2000, ch. 285, sec. 3, p. 951.]
If, pursuant to court order, the commission pays from the recovery fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensed broker, associate broker or salesperson, the license of such broker, associate broker or salesperson shall be automatically suspended without further order of the commission upon the effective date of any order by the court as set forth herein authorizing payment from the recovery fund. No such broker, associate broker or salesperson shall be granted reinstatement until he has repaid in full, the amount so paid from the recovery fund plus interest at the legal rate of interest allowable by law for judgments.
[54-2074, added 2000, ch. 285, sec. 3, p. 951.]
If, at any time, the money deposited in the recovery fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the recovery fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of eleven percent (11%) per annum.
[54-2075, added 2000, ch. 285, sec. 3, p. 951.]
When the commission has paid from the recovery fund any sum to the judgment creditor, the commission has subrogated all other rights of the judgment creditor and the judgment creditor shall assign all his right, title and interest in the judgment to the commission and any amount and interest so recovered by the commission on the judgment shall be deposited to the recovery fund.
[54-2076, added 2000, ch. 285, sec. 3, p. 951.]
The failure of a person to comply with all of the provisions of sections 54-2069 through 54-2071, Idaho Code, shall constitute a waiver of any rights hereunder.
[54-2077, added 2000, ch. 285, sec. 3, p. 951.]
Nothing contained in sections 54-2069 through 54-2078, Idaho Code, limits the authority of the commission to take disciplinary action against a licensee for a violation of any of the provisions of the chapter, or of the rules of the commission, nor shall the repayment in full of all obligations to the recovery fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of this chapter or the rules promulgated thereunder.
[54-2078, added 2000, ch. 285, sec. 3, p. 951.]
Whenever a real estate broker terminates a sales associate for a violation of any of the provisions of sections 54-2060 through 54-2062, Idaho Code, the broker shall promptly file a written statement of the facts in reference thereto with the commission.
[54-2079, added 2000, ch. 285, sec. 3, p. 952; am. 2002, ch. 220, sec. 12, p. 621.]
Records kept in the office of the commission under authority of this chapter and chapter 18, title 55, Idaho Code, shall be open to public inspection as provided in chapter 1, title 74, Idaho Code.
[54-2080, added 2000, ch. 285, sec. 3, p. 952; am. 2015, ch. 141, sec. 144, p. 491.]
Sections 54-2082 through 54-2097, Idaho Code, shall be known and may be cited as "The Idaho Real Estate Brokerage Representation Act."
[(54-2082) 54-2060, added 1996, ch. 250, sec. 1, p. 786; am. and redesignated 2000, ch. 285, sec. 4, p. 952.]
As used in sections 54-2082 through 54-2097, Idaho Code:
(1) "Adverse material fact" means a fact that would significantly affect the desirability or value of the property to a reasonable person or which establishes a reasonable belief that a party to the transaction is not able to or does not intend to complete that party’s obligations under a real estate contract.
(2) "Agency representation" or "representation" means the statutory agency relationship between a client and a brokerage in a regulated real estate transaction with respect to which the duties defined in section 54-2087, Idaho Code, are applicable. See also "representation."
(3) "Assigned agent" means, where a brokerage is representing more than one (1) party to the transaction as a limited dual agent as provided in section 54-2088, Idaho Code, the sales associate assigned by the brokerage to act on behalf of one (1) client and to represent solely that client consistent with the applicable duties set forth in section 54-2087, Idaho Code. The designated broker shall not act as an assigned agent of the brokerage.
(4) "Brokerage" means a licensed designated broker, the licensed real estate business represented by that broker and its associated licensees.
(5) "Client" means a buyer or seller, or a prospective buyer or seller, or both who have entered into an express written contract or agreement with a brokerage for agency representation in a regulated real estate transaction.
(6) "Confidential client information" means information gained from or about a client that:
(a) Is not a matter of public record;
(b) The client has not disclosed or authorized to be disclosed to third parties;
(c) If disclosed, would be detrimental to the client; and
(d) The client would not be personally obligated to disclose to another party to the transaction. Information which is required to be disclosed by statute or rule or where the failure to disclose would constitute fraudulent misrepresentation is not confidential client information within the provisions of sections 54-2082 through 54-2097, Idaho Code. Information generally disseminated in the marketplace is not confidential client information within the provisions of such sections. A "sold" price of real property is also not confidential client information within the provisions of such sections.
(7) "Customer" means a buyer or seller, or prospective buyer or seller, who is not represented in an agency relationship in a regulated real estate transaction.
(8) "Customer services agreement" or "compensation agreement" means an agreement between a real estate brokerage and a customer for the provision of any real estate services for which the brokerage has the right to be compensated by the customer.
(9) "Designated broker" means an individual who is licensed as a real estate broker in Idaho and who is designated by the brokerage company to be responsible for the supervision of the brokerage company and the activities of any associated licensees in accordance with this chapter.
(10) "Idaho real estate license law and rules" means chapter 20, title 54, Idaho Code, and all administrative rules promulgated thereunder.
(11) "Limited dual agent" means a brokerage that is representing both a buyer and a seller as clients in a regulated real estate transaction, as provided in section 54-2088, Idaho Code.
(12) "Ministerial acts" means reasonably necessary and customary acts typically performed by real estate licensees in assisting a transaction to its closing or conclusion.
(13) "Nonagent" means a brokerage and its licensees working with or assisting a buyer or seller as a customer to which the duties provided in section 54-2086, Idaho Code, are applicable.
(14) "Regulated real estate transaction" means those real estate transactions for which a real estate license is required under chapter 20, title 54, Idaho Code.
(15) "Representation" or "brokerage representation" or "represented" means the statutory agency relationship between a client and a brokerage in a regulated real estate transaction with respect to which the duties provided in section 54-2087, Idaho Code, are applicable.
(16) "Representation agreement" or "contract for representation" means a written agreement between a buyer, seller, or both, and a real estate brokerage for agency representation in a regulated real estate transaction. A representation agreement under this chapter can only be made in writing, and cannot be made orally or by assumption or implication.
(17) "Sales associate" means a salesperson or an associate broker licensed under and associated with a designated broker.
[(54-2083) 54-2061, added 1996, ch. 250, sec. 1, p. 786; am. and redesig. 2000, ch. 285, sec. 5, p. 952; am. 2004, ch. 119, sec. 1, p. 396; am. 2007, ch. 150, sec. 1, p. 456; am. 2008, ch. 298, sec. 1, p. 834.]
(1) A buyer or seller is not represented by a brokerage in a regulated real estate transaction unless the buyer or seller and the brokerage agree, in a separate written document, to such representation. No type of agency representation may be assumed by a brokerage, buyer or seller or created orally or by implication.
(2) Types of brokerage relationships. The following types of brokerage relationships are recognized:
(a) Nonagency;
(b) Agency representation;
(c) Limited dual agency representation;
(d) Limited dual agency with assigned agents.
[(54-2084) 54-2062, added 1996, ch. 250, sec. 1, p. 787; am. and redesignated 2000, ch. 285, sec. 6, p. 953; am. 2004, ch. 119, sec. 2, p. 397.]
(1) A licensee shall give to a prospective buyer or seller at the first substantial business contact the agency disclosure brochure adopted or approved by the Idaho real estate commission. The commission by motion shall establish the form and contents of the brochure in accordance with the provisions of this chapter. Each brokerage shall keep a signed and dated record of a buyer or seller’s receipt of the agency disclosure brochure.
(2) The agency disclosure brochure shall list the types of representation available to a buyer or seller in a regulated real estate transaction, the legal duties and obligations owed to the buyer or seller in each type of representation, and a conspicuous notice that no representation will exist absent a written agreement between the buyer or seller and the brokerage.
(3) A brokerage’s relationship with a buyer or seller as an agent, nonagent, limited dual agent, or limited dual agent with assigned agents must be determined and all necessary agreements executed no later than the preparation of a purchase and sale agreement. A brokerage must disclose its relationship to both buyer and seller in any transaction no later than the preparation or presentation of a purchase and sale agreement.
(4) In addition, a purchase and sale agreement, an attachment thereto, or other document drafted in connection with a regulated real estate transaction shall contain the following confirmation of the relationship, whether it involved representation or not, between the buyer, seller and licensees involved:
REPRESENTATION CONFIRMATION AND ACKNOWLEDGMENT OF DISCLOSURE
Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this transaction the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S).
Section 1:
A. □ The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S).
B. □ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT.
C. □ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S).
D. □ The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S).
Section 2:
A. □ The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S).
B. □ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT.
C. □ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S).
D. □ The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S).
Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION.
(5) The failure of a licensee to timely give a buyer or seller the agency disclosure brochure or the failure of a licensee to properly and timely obtain any written agreement or confirmation required by this chapter shall be a violation of the Idaho real estate license law and may subject the licensee to disciplinary action according to the provisions of sections 54-2058 through 54-2078, Idaho Code.
(6) Neither the commission brochure nor the representation confirmation shall create a brokerage relationship. A separate, signed, written agreement is required for that purpose.
[(54-2085) 54-2063, added 1996, ch. 250, sec. 1, p. 787; am. and redesignated 2000, ch. 285, sec. 7, p. 954; am. 2001, ch. 123, sec. 25, p. 441; am. 2001, ch. 251, sec. 1, p. 915; am. 2004, ch. 119, sec. 3, p. 398; am. 2021, ch. 261, sec. 2, p. 805.]
(1) If a buyer, prospective buyer, or seller is not represented by a brokerage in a regulated real estate transaction, that buyer or seller remains a customer, and as such, the brokerage and its licensees are nonagents and owe the following legal duties and obligations:
(a) To perform ministerial acts to assist the buyer or seller in the sale or purchase of real estate;
(b) To perform these acts with honesty, good faith, reasonable skill and care;
(c) To properly account for moneys or property placed in the care and responsibility of the brokerage;
(d) To disclose to the buyer/customer all adverse material facts actually known or which reasonably should have been known by the licensee;
(e) To disclose to the seller/customer all adverse material facts actually known or which reasonably should have been known by the licensee.
(2) If a customer has entered into a compensation agreement or customer services agreement with the brokerage, the brokerage shall have the obligation to be available to the customer to receive and timely present all written offers and counteroffers.
(3) The duties set forth in this section are mandatory and may not be waived or abrogated, either unilaterally or by agreement.
(4) Nothing in this section prohibits a brokerage from charging a separate fee or commission for each service provided to the customer in the transaction.
(5) A nonagent brokerage and its licensees owe no duty to a buyer/customer to conduct an independent inspection of the property for the benefit of that buyer/customer and owe no duty to independently verify the accuracy or completeness of any statement or representation made by the seller or any source reasonably believed by the licensee to be reliable.
(6) A nonagent brokerage and its licensees owe no duty to a seller/customer to conduct an independent investigation of the buyer’s financial condition for the benefit of that seller/customer and owe no duty to independently verify the accuracy or completeness of statements made by the buyer or any source reasonably believed by the licensee to be reliable.
[(54-2086) 54-2064, added 1996, ch. 250, sec. 1, p. 788; am. and redesignated 2000, ch. 285, sec. 8, p. 955; am. 2007, ch. 150, sec. 2, p. 458.]
If a buyer or seller enters into a written contract for representation in a regulated real estate transaction, that buyer or seller becomes a client to whom the brokerage and its licensees owe the following agency duties and obligations:
(1) To perform the terms of the written agreement with the client;
(2) To exercise reasonable skill and care;
(3) To be available to the client to receive and timely present all written offers and counteroffers;
(4) To promote the best interests of the client in good faith, honesty and fair dealing including, but not limited to:
(a) Disclosing to the client all adverse material facts actually known or which reasonably should have been known by the licensee;
(b) Seeking a buyer to purchase the seller’s property at a price, and under terms and conditions acceptable to the seller and assisting in the negotiation therefor; or
(c) Seeking a property for purchase at a price and under terms and conditions acceptable to the buyer and assisting in the negotiation therefor;
(d) For the benefit of a client/buyer: when appropriate, advising the client to obtain professional inspections of the property or to seek appropriate tax, legal and other professional advice or counsel;
(e) For the benefit of a client/seller: upon written request by a client/seller, requesting reasonable proof of a prospective buyer’s financial ability to purchase the real property which is the subject matter of the transaction. This duty may be satisfied by any appropriate method suitable to the transaction or, when deemed necessary by the real estate licensee, by advising the client to consult with an accountant, lawyer, or other professional as dictated by the transaction.
(5) To properly account for moneys or property placed in the care and responsibility of the brokerage pursuant to section 54-2041, Idaho Code; and
(6) To maintain the confidentiality of specific client information as defined by and to the extent required in this chapter, and as follows:
(a) The duty to a client continues beyond the termination of representation only so long as the information continues to be confidential client information as defined in this chapter, and only so long as the information does not become generally known in the marketing community from a source other than the brokerage or its associated licensees;
(b) A licensee who personally has gained confidential client information about a buyer or seller while associated with one (1) broker and who later associates with a different broker remains obligated to maintain the client confidentiality as required by this chapter;
(c) If a brokerage represents a buyer or seller whose interests conflict with those of a former client, the brokerage shall inform the second client of the brokerage’s prior representation of the former client and that confidential client information obtained during the first representation cannot be given to the second client. Nothing in this section shall prevent the brokerage from asking the former client for permission to release such information;
(d) Nothing in this section is intended to create a privileged communication between any client and any brokerage or licensee for purposes of civil, criminal or administrative legal proceedings.
(7) Unless otherwise agreed to in writing, a brokerage and its licensees owe no duty to a client to conduct an independent inspection of the property and owe no duty to independently verify the accuracy or completeness of any statement or representation made regarding a property. Unless otherwise agreed to in writing, a brokerage and its licensees owe no duty to conduct an independent investigation of either party’s financial ability to complete a real estate transaction.
(8) The duties set forth in this section are mandatory and may not be waived or abrogated, either unilaterally or by agreement.
(9) Nothing in this section prohibits a brokerage from charging a separate fee or commission for each service provided to the client in the transaction.
(10) Nothing in this section shall result in imputed knowledge between multiple licensees of the brokerage when neither has reason to have such knowledge.
(11) A brokerage and its licensees may represent two (2) or more buyers who wish to make an offer for the purchase of the same real property; provided, that the brokerage or its licensee has advised all such buyers in writing of the same.
[(54-2087) 54-2065, added 1996, ch. 250, sec. 1, p. 788; am. and redesignated 2000, ch. 285, sec. 9, p. 955; am. 2001, ch. 123, sec. 26, p. 442; am. 2003, ch. 243, sec. 1, p. 627; am. 2004, ch. 119, sec. 4, p. 399; am. 2007, ch. 150, sec. 3, p. 459; am. 2009, ch. 133, sec. 1, p. 414.]
(1) A brokerage may represent both the buyer and the seller in the same transaction only as a limited dual agent and only with the express written consent of all other clients involved in the transaction.
(2) A brokerage acting as a limited dual agent may, at the option of the brokerage and with the express written consent of the other clients involved in the transaction, assign separate sales associates to each client to act on behalf of and represent that client solely. The designated broker shall not act as an assigned agent of the brokerage.
(3) The express written consent to limited dual agency shall contain separate signatures of all clients involved in the transaction and shall contain the following language:
CONSENT TO LIMITED DUAL REPRESENTATION AND ASSIGNED AGENCY
The undersigned have received, read and understand the Agency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction may be providing agency representation to both the buyer and the seller. The undersigned each understands that, as an agent for both buyer/client and seller/client, a brokerage will be a limited dual agent of each client and cannot advocate on behalf of one client over another, and cannot legally disclose to either client certain confidential client information concerning price negotiations, terms or factors motivating the buyer/client to buy or the seller/client to sell without specific written permission of the client to whom the information pertains. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 54-2085, Idaho Code. The undersigned each understands that a limited dual agent does not have a duty of undivided loyalty to either client.
The undersigned further acknowledge that, to the extent the brokerage firm offers assigned agency as a type of agency representation, individual sales associates may be assigned to represent each client to act solely on behalf of the client consistent with applicable duties set forth in Section 54-2087, Idaho Code. In an assigned agency situation, the designated broker (the broker who supervises the sales associates) will remain a limited dual agent of the client and shall have the duty to supervise the assigned agents in the fulfillment of their duties to their respective clients, to refrain from advocating on behalf of any one client over another, and to refrain from disclosing or using, without permission, confidential information of any other client with whom the brokerage has an agency relationship.
(4) All duties and obligations owed to a buyer/client or a seller/client under section 54-2087, Idaho Code, apply to limited dual agency relationships to the extent they do not unreasonably conflict with duties and obligations owed to the other client, except that:
(a) A limited dual agent shall not disclose any of the following without express written consent of the client to whom the information pertains:
(i) That a buyer is willing to pay more than the listing price of the property;
(ii) That a seller is willing to accept less than the listing price for the property;
(iii) The factors motivating the buyer to buy or the seller to sell;
(iv) That a buyer or seller will agree to a price or financing terms other than those offered.
(b) A limited dual agent does not have a duty of undivided loyalty to either buyer/client or seller/client, and by consenting to limited dual agency, the buyer and seller agree to those limitations.
(5) The following apply whenever a brokerage acting as a limited dual agent assigns separate sales associates to act on behalf of the separate clients:
(a) Designated broker. The designated broker continues to act as limited dual agent of each client with the duty to:
(i) Supervise the assigned agents in the fulfillment of their duties to their respective clients;
(ii) Refrain from advocating on behalf of any one client over another; and
(iii) Refrain from disclosing or using, without permission, confidential information of any other client with whom the brokerage has an agency relationship.
(b) Imputed knowledge. Knowledge of any fact known to the brokerage, its designated broker, or any other licensee associated with the brokerage, shall not be imputed to an assigned agent of the brokerage so as to create an impermissible conflict of interest. Nothing in this subsection shall diminish a licensee’s duty with respect to facts actually known or that reasonably should have been known to the licensee.
(6) If a designated broker determines that confidential information of a client has been disclosed to another client in the transaction in violation of this section, the designated broker shall promptly provide written notice of the disclosure to the affected client.
(7) No cause of action for any buyer or seller shall arise against a limited dual agent for making any required or permitted disclosure under this act, nor does making such disclosure terminate the limited dual agency.
(8) Receipt of the agency disclosure brochure required by section 54-2085, Idaho Code, and the signed consent to dual representation by buyer and seller agreeing to limited dual agency representation shall be sufficient informed legal consent to dual representation under this act. A consent by the buyer and seller to possible dual representation in the future, such as may be contained in a written marketing or representation agreement between a brokerage and client, shall also be considered effective and informed legal consent to dual representation.
[(54-2088) 54-2066, added 1996, ch. 250, sec. 1, p. 789; am. and redesignated 2000, ch. 285, sec. 10, p. 956; am. 2004, ch. 119, sec. 5, p. 400.]
Payment of compensation or a written agreement only for payment of compensation to a brokerage shall not constitute an agreement for agency representation or otherwise create an agency relationship.
[(54-2089) 54-2067, added 1996, ch. 250, sec. 1, p. 790; am. and redesignated 2000, ch. 285, sec. 11, p. 957; am. 2007, ch. 150, sec. 4, p. 460.]
(1) A brokerage’s agency relationship and corresponding representation duties under sections 54-2082 through 54-2097, Idaho Code, shall commence on the date indicated on the written agreement between the brokerage and a buyer/client or seller/client and shall end at the earliest of:
(a) Performance or completion of the representation;
(b) Agreement by the parties;
(c) Expiration of the agency relationship agreement.
(2) Nothing in sections 54-2082 through 54-2097, Idaho Code, shall prohibit the brokerage and the buyer or seller from changing the legal nature of their relationship or representation in accordance with such sections during the course of the real estate transaction. However, the brokerage is not relieved thereby from meeting the disclosure requirements and obtaining the written agreements, consents or confirmations required by sections 54-2082 through 54-2097, Idaho Code.
[(54-2091) 54-2069, added 1996, ch. 250, sec. 1, p. 790; am. and redesignated 2000, ch. 285, sec. 13, p. 957; am. 2007, ch. 150, sec. 5, p. 460.]
Except as otherwise agreed in writing, a brokerage owes no further duty or obligation to a client after termination of the agreed representation except:
(1) Accounting for all moneys and property received by the brokerage during the representation; and
(2) Maintaining the confidentiality of all information defined as confidential client information by this act.
[(54-2092) 54-2070, added 1996, ch. 250, sec. 1, p. 791; am. and redesignated 2000, ch. 285, sec. 14, p. 958.]
(1) A client, as defined in this chapter, whether buyer or seller, shall not be liable for a wrongful act, error, omission or misrepresentation of his broker or his broker’s licensees unless the client had actual knowledge of or reasonably should have known of the wrongful act, error, omission or misrepresentation.
(2) A licensee or brokerage engaged in representation of a client shall be entitled to rely upon representations made by a client and shall not be liable for a wrongful act, error, omission or misrepresentation made by the client unless the licensee or brokerage had actual knowledge or reasonably should have known of the wrongful act, error, omission or misrepresentation.
(3) Nothing in this section shall be construed to diminish or limit any of the broker’s or licensee’s responsibilities under chapter 20, title 54, Idaho Code, or the rules promulgated thereunder.
[(54-2093) 54-2071, added 1996, ch. 250, sec. 1, p. 791; am. and redesig. 2000, ch. 285, sec. 15, p. 958; am. 2003, ch. 243, sec. 2, p. 628; am. 2010, ch. 213, sec. 5, p. 466; am. 2012, ch. 76, sec. 2, p. 222.]
While this act is intended to abrogate the common law of agency as it applies to regulated real estate transactions, nothing in this act shall prohibit a brokerage from entering into a written agreement with a buyer or seller which creates an agency relationship in which the duties and obligations are greater than those provided in this act. However, unless greater duties are specifically agreed to in writing between the brokerage and a represented client, the duties and obligations owed to a represented client in a regulated real estate transaction are not fiduciary in nature and are not subject to equitable remedies for breach of fiduciary duty.
[(54-2094) 54-2072, added 1996, ch. 250, sec. 1, p. 791; am. and redesignated 2000, ch. 285, sec. 16, p. 958.]
If the provisions of this act are found to be in conflict with any other provision of Idaho law, the provisions of this act shall control.
[(54-2095) 54-2073, added 1996, ch. 250, sec. 1, p. 791; am. and redesignated 2000, ch. 285, sec. 17, p. 959.]
The provisions of this chapter are severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[54-2096, added 2000, ch. 285, sec. 18, p. 959.]
The Idaho real estate commission shall have authority to promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.
[(54-2097) 54-2074, added 1996, ch. 250, sec. 1, p. 791; am. and redesignated 2000, ch. 285, sec. 19, p. 959.]
This chapter is enacted as an exercise of the power of the state to promote the public health, safety and welfare by safeguarding the people and animals of this state by establishing and enforcing professional standards in the licensure and regulation of veterinary health professionals. It is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this chapter.
[54-2101, added 1971, ch. 173, sec. 1, p. 812; am. 1983, ch. 139, sec. 1, p. 337; am. 2009, ch. 84, sec. 1, p. 235.]
(1) This chapter shall be known as the Idaho Veterinary Practice Act.
(2) Except where otherwise indicated by context, in this chapter the present tense includes the past and future tenses and the future tense includes the present, each gender includes the other gender; and the singular includes the plural and the plural the singular.
[54-2102, added 1971, ch. 173, sec. 2, p. 812; am. 1983, ch. 139, sec. 2, p. 337; am. 1990, ch. 111, sec. 1, p. 222.]
As used in this chapter:
(1) "Accredited continuing education activity" means a provider and course, seminar, scientific program or any other activity approved by the board or its designees for continuing education credit.
(2) "Accredited or approved school of veterinary medicine" means any veterinary college or division of a university or college inside or outside the United States or Canada that offers the degree of doctor of veterinary medicine, veterinary medicine doctor, or its equivalent and is accredited or approved by the council on education of the American veterinary medical association or other accrediting agency or association approved by the board.
(3) "Allied health professional" means a person holding a current active license, in good standing, in any state to practice one (1) of the healing arts including, but not limited to, medicine, dentistry, osteopathy, chiropractic, acupuncture and podiatry.
(4) "Anesthetized" means any condition of general anesthesia, caused by the administration of a drug or combination of drugs in sufficient quantity to produce a state of unconsciousness or disassociation and blocked response to a given pain or alarm stimulus.
(5) "Animal" means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
(6) "Assistant" means any individual, other than a certified veterinary technician or a licensed veterinarian, who is utilized by a licensed veterinarian to assist in the performance of acts pertaining to the practice of veterinary medicine.
(7) "Board" means the state board of veterinary medicine.
(8) "Certified euthanasia agency" or "CEA" means a law enforcement agency, an animal control agency or a society for the prevention of cruelty to animals that has been inspected and certified by the committee on humane euthanasia or the board.
(9) "Certified euthanasia technician" or "CET" means a person employed by a certified euthanasia agency who is instructed and certified by the committee on humane euthanasia or the board as defined in the rules of the board, but not to include an individual employed as a technician by animal research laboratories.
(10) "Certified veterinary technician" means a person who has fulfilled the certification requirements prescribed by board rule and has been certified by the board to practice veterinary technology in this state.
(11) "Consultation" means a deliberation between two (2) or more veterinarians concerning the diagnosis of a disease or the proper management of the case.
(12) "Credit hour" means fifty (50) minutes of participation in an accredited continuing education activity.
(13) "Dentistry" is the practice of veterinary medicine and means the application or use of any instrument or device to any portion of an animal’s tooth, gum or any related tissue for the prevention, cure or relief of any wound, fracture, injury, disease or other condition of an animal’s tooth, gum or related tissue. Dentistry includes, but is not limited to:
(a) "Preventive dental procedures" including, but not limited to, the removal of calculus, soft deposits, plaque, stains, and floating to shape the teeth above the gum line or the smoothing, filing or polishing of tooth surfaces above the gum line; and
(b) "Operative dentistry/oral surgery" or any other dental procedure that invades the hard or soft oral tissue, including a procedure that alters the structure of one (1) or more teeth or repairs damaged and diseased teeth or the deliberate extraction of one (1) or more teeth.
(14) "Direct supervision" means the supervising veterinarian is on the premises where the animal is being treated, is quickly and easily available, and the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires.
(15) "Discipline" means board action including, but not limited to:
(a) Refusing to issue, renew or reinstate a license, permit or certification to practice as a licensed veterinarian, a certified veterinary technician, a certified euthanasia agency or a certified euthanasia technician;
(b) Denial, revocation, suspension, sanction, probation or voluntary surrender of a license, permit or certification to practice as a licensed veterinarian, a certified veterinary technician, a certified euthanasia agency or a certified euthanasia technician;
(c) The ability to enter into consent agreements and negotiated settlements with licensed veterinarians, certified veterinary technicians, certified euthanasia agencies and certified euthanasia technicians;
(d) The ability to bring an administrative or civil action against any person in or outside of this state who practices veterinary medicine or veterinary technology or who performs euthanasia within this state.
(16) "Emergency" means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life.
(17) "Emergency veterinary facility" means any facility with the primary function of receiving, treating, and monitoring emergency patients during its specified hours of operation or that displays to the public any sign, card, or advertisement that indicates it is an emergency veterinary clinic or hospital. An emergency veterinary facility may be an independent after-hours service, an independent twenty-four (24) hour service, or part of a full-service veterinary medical facility.
(18) "Committee on humane euthanasia" means a committee established by the board for the purposes of training, examining, certifying and inspecting certified euthanasia agencies and certified euthanasia technicians.
(19) "Extra label use" means the actual or intended use of a human or veterinary drug in an animal in a manner that is not in accordance with the drug’s labeling.
(20) "Floating" means shaping the posterior (cheek) teeth and the incisors (cutting teeth) in horses, mules and donkeys through the use of hand floats, rasps, burs, mechanical files or other file-like instruments to restore balance, allow more efficient mastication, and reduce pain and trauma to the periodontal tissues.
(21) "Herd," "litter," or "flock" of animals means animals managed as a group for purposes including, but not limited to, breeding, sale, show or food production.
(22) "In good standing" means, when used in reference to an applicant for licensure or certification, that an applicant:
(a) Has not been the recipient of any administrative penalties regarding the practice of veterinary medicine including, but not limited to, fines, formal reprimands, license suspensions or revocations (except for license revocations for nonpayment of license renewal fees) or probationary limitations, or has not entered into any consent agreement or negotiated settlement that contains conditions placed by a board on the applicant’s professional conduct and practice, including any voluntary surrender of a license; and
(b) Has never had privileges restricted or revoked by the United States drug enforcement administration; and
(c) Is not currently under investigation by another veterinary licensing authority for acts that would provide a basis for disciplinary action in this state, as determined by the board; and
(d) Has no physical or mental impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public; and
(e) Has no criminal conviction record or pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of veterinary medicine or deemed relevant in accordance with section 67-9411(1), Idaho Code. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the board in sufficient detail to enable the board to make a determination whether the record or charge is substantially related to the practice of veterinary medicine.
(23) "Indirect supervision" means the supervising veterinarian is not on the premises but is available for immediate contact by telephone, radio or other means, has given either written or oral instructions for treatment of the animal patient, the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires, and the animal, if previously anesthetized, has recovered to the point of being conscious and sternal.
(24) "Legend/prescription drug" means any drug that, under federal law, regulation or rule, is required, prior to being distributed or delivered, to be labeled with one (1) of the following statements: "Caution: Federal law restricts this drug to be used by or on the order of a licensed veterinarian," or "Caution: Federal law prohibits dispensing without a prescription," or "Rx Only," or a drug that is required by any applicable state or federal law, rule or regulation to be distributed or dispensed pursuant to a prescription only or is restricted to use by licensed practitioners only.
(25) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.
(26) "Malpractice" means, but is not limited to:
(a) Treatment in a manner contrary to accepted veterinary practices and with injurious results; or
(b) Any professional misconduct or unreasonable lack of professional skill or fidelity in the performance of the professional practice of veterinary medicine; or
(c) Failure to provide adequate supervision, except in an emergency situation; or
(d) Allowing an unqualified individual to perform a procedure that is part of the practice of veterinary medicine; or
(e) The negligent practice of veterinary medicine, as determined by the standard of practice for the area, that results in injury, unnecessary suffering or death.
(27) "Medical incompetence" means lacking in sufficient medical knowledge or skills or both to a degree likely to endanger the health of patients.
(28) "Mobile clinic" means a vehicle including, but not limited to, a camper, motor home, trailer or mobile home used as a veterinary medical facility. A mobile clinic is not required for house calls or farm calls.
(29) "On-call emergency service" means a veterinary medical facility that is available to provide emergency veterinary services as requested if a veterinarian is available.
(30) "Owner/ownership" means ownership as defined by the laws of property and ownership, chapter 1, title 55, Idaho Code.
(31) "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person.
(32) "Physical or mental incompetence" means the veterinarian’s ability to practice veterinary medicine with reasonable skill and safety is impaired by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or any other substance, or as a result of any mental or physical disability.
(33) "Practice of veterinary medicine" in this state, through telephonic, electronic or other means, regardless of the location of the veterinarian, includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine and means:
(a) To directly or indirectly diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescribing, dispensing, delivering or administering of any drug, medicine, biologic, apparatus application, anesthetic or other therapeutic or diagnostic substance or technique, or the use of any obstetrical procedure or any manual or mechanical procedure for artificial insemination, for testing or examining for pregnancy, fertility evaluation, embryo transplant, grading of fresh semen, or to render advice or recommendation with regard to any act described in this paragraph.
(b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a) of this subsection.
(c) To use any title, words, abbreviations or letter in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in paragraph (a) of this subsection, except where such person is a licensed veterinarian.
(34) "Professional supervision" means the supervising veterinarian is in daily contact by telephone, radio or other means with the temporary licensee.
(35) "Referral" means the transfer of responsibility for diagnosis and treatment from the referring veterinarian to the receiving veterinarian, or from the referring veterinarian to the board-certified specialist, or from the referring veterinarian to an allied health professional.
(36) "Regular employee" means a person who performs services for the animal’s owner other than, or in addition to, feeding, boarding, castrating and dehorning, but does not include independent contractors or agents.
(37) "Supervision" means the action or process of a supervising veterinarian in directing activities or a course of action for those individuals to whom activities or functions have been assigned or delegated.
(38) "Supervising veterinarian" means a licensed veterinarian utilizing the services of a temporary licensee, certified veterinary technician, veterinary technician, veterinary technician with a temporary certification, veterinary assistant, certified euthanasia technician, or as provided by the rules of the board. A supervising veterinarian shall be individually responsible and liable, regardless of the supervision provided, for all damages arising out of the veterinarian’s own acts or omissions and for the performance of any acts and omissions pertaining to the practice of veterinary medicine that are delegated to the temporary licensee, certified veterinary technician, veterinary technician, veterinary assistant or certified euthanasia technician. Nothing herein shall be construed to deprive the board of its disciplinary authority with respect to temporary licensees, certified veterinary technicians, veterinary technicians, veterinary assistants or certified euthanasia technicians.
(39) "Unethical or unprofessional conduct" means to knowingly engage in conduct of a character likely to deceive or defraud the public, false or misleading advertising or solicitation, obtaining any fee or compensation by fraud or misrepresentation, sharing office space and working in conjunction with any person illegally practicing veterinary medicine, employing either indirectly or directly an unlicensed or uncertified person to perform acts pertaining to the practice of veterinary medicine, except as provided by law or rule, or the violation of any law or rules of the board pertaining to unethical or unprofessional conduct or that provide a code of professional conduct to be followed and carried out by persons licensed or certified by the board.
(40) "Unlicensed practice" means:
(a) The practice of veterinary medicine in this state, through telephonic, electronic or other means, regardless of the location of the veterinarian, without a valid, unexpired, unrevoked, and unsuspended active license or certification in this state to do so, except as provided by law or rule; or
(b) Representing oneself through offerings, advertisements or use of professional titles or designations as being qualified to practice veterinary medicine.
(41) "Veterinarian" means a person who has received a doctor’s degree in veterinary medicine from an accredited or approved school of veterinary medicine or as otherwise provided by law or rule.
(42) "Veterinarian on call" means a veterinarian is not present at the veterinary medical facility but is able to respond within a reasonable time to requests for emergency veterinary services.
(43) "Veterinarian on premises" means a veterinarian is present at the veterinary medical facility and is prepared and qualified to render veterinary services.
(44) "Veterinary medical facility" means any premises, office, unit, structure, mobile unit, or area utilized for the practice of veterinary medicine other than the premises of an owner when used for treatment of the owner’s animal.
(45) "Veterinary technician" means a person who has graduated from a veterinary technology program accredited or approved by the committee on veterinary technician education and activities of the American veterinary medical association or other accrediting agency approved by the board or a person who has received equivalent training as set forth in the rules of the board.
(46) "Veterinary technology" means the performance of services within the practice of veterinary medicine by a person working under the direction of a supervising veterinarian to perform duties that require an understanding of veterinary medicine in order to carry out the orders of the veterinarian. Veterinary technology does not include prognosis, diagnosis, operative dentistry, deliberate tooth extraction procedures, or the prescribing of treatment or performing surgery of any kind.
[54-2103, added 1971, ch. 173, sec. 3, p. 812; am. 1983, ch. 139, sec. 3, p. 337; am. 1990, ch. 111, sec. 2, p. 223; am. 1991, ch. 138, sec. 1, p. 326; am. 1995, ch. 62, sec. 1, p. 145; am. 2000, ch. 122, sec. 1, p. 269; am. 2001, ch. 149, sec. 1, p. 525; am. 2006, ch. 139, sec. 1, p. 395; am. 2007, ch. 54, sec. 1, p. 126; am. 2009, ch. 82, sec. 1, p. 229; am. 2010, ch. 105, sec. 1, p. 207; am. 2013, ch. 79, sec. 1, p. 194; am. 2013, ch. 290, sec. 1, p. 762; am. 2016, ch. 119, sec. 1, p. 343; am. 2020, ch. 175, sec. 25, p. 529; am. 2021, ch. 40, sec. 1, p. 92.]
(1) No person may practice veterinary medicine in the state who is not an actively licensed veterinarian or the holder of a valid temporary permit issued by the board.
(2) This chapter shall not be construed to prohibit:
(a) A veterinarian employed by the federal, state or local government from performing official duties specifically required under any lawful act or statute, except that this exemption shall not apply to such persons not actively engaged in performing or fulfilling their official duties and responsibilities.
(b) A person who is a regular student currently enrolled and in good standing in an accredited or approved school of veterinary medicine, veterinary science department or an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education from performing duties or actions assigned by the student’s instructors or from working under the direct supervision of an actively licensed veterinarian during a school vacation period. The unsupervised or unauthorized practice of veterinary medicine by a student, even though on the premises of an accredited or approved school of veterinary medicine, veterinary science department, an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education or at a veterinary medical facility, is prohibited.
(c) A person who is a regular student currently enrolled and in good standing in a nonaccredited or nonapproved educational institution and who holds a valid certificate of registration issued by the Idaho state board of education from performing duties or actions assigned by the student’s instructors. This exemption does not include surgery or the administration of controlled substances or legend/prescription drugs, unless specifically allowed by state or federal law, rule or regulation. The unsupervised or unauthorized personal practice of veterinary medicine by a student on the premises of a nonaccredited or nonapproved educational institution is prohibited.
(d) Idaho extension personnel from performing their official duties.
(e) A veterinarian holding a current, active license in good standing in another state from consulting with a licensed veterinarian in this state.
(f) Any merchant or manufacturer from selling nonprescription and noncontrolled medicines, biologics, feed, medicated feed, appliances or other products for the prevention or treatment of animal and poultry diseases. Such merchants or manufacturers shall not, either directly or indirectly, attempt to diagnose a symptom or disease in order to advise treatment, the use of drugs, medicines, appliances or products.
(g) A farmer, rancher or feedlot operator, including custom ranch or feedlot operators, and their regular employees from caring for and treating animals within their possession or control when such animals have been consigned by their legal owner and except where the ownership or possession of the animal was transferred or the employment changed to circumvent this chapter.
(h) The owner of an animal or the owner’s regular employees from caring for and treating the animals belonging to such owner, or livestock owners or regular employees from pregnancy testing their own or employer’s cattle or the exchange of services for which no monetary compensation is paid between owners or their regular employees, except where the ownership or possession of the animal was transferred or the employment changed to circumvent this chapter, and provided that only an actively licensed veterinarian may immunize or treat an animal for diseases that require the use of a vaccine restricted by state or federal law, rules or regulations, or as otherwise provided by board rule. Notwithstanding the provisions of this paragraph, a veterinarian/client/patient relationship, as defined by the rules of the board, must exist when controlled substances or legend/prescription drugs are administered, distributed, dispensed or prescribed.
(i) A member of a faculty of an accredited or approved school of veterinary medicine, a veterinary science department, or an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education from performing the faculty member’s regular functions. The unsupervised or unauthorized personal practice of veterinary medicine, by a faculty member on the premises of any such institutions, is prohibited.
(j) Any person from selling or applying any pesticide, insecticide, or herbicide.
(k) A person from lecturing or giving instructions or demonstrations at an accredited or approved school of veterinary medicine, veterinary science department or an educational institution accredited or approved by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education or in connection with an approved continuing education course or seminar.
(l) A member of a faculty of a nonaccredited or nonapproved educational institution who holds a valid certificate of registration issued by the Idaho state board of education from performing the faculty member’s regular functions. This exemption does not include surgery or the administration of controlled substances or legend/prescription drugs, unless specifically allowed by state or federal law, rule or regulation. The unsupervised or unauthorized personal practice of veterinary medicine by a faculty member on the premises of a nonaccredited or nonapproved educational institution is prohibited.
(m) Individuals employed as instructors or researchers by, or enrolled as students in, any bona fide medical research institution from conducting experiments and scientific research on animals:
(i) In the development of pharmaceuticals, biologicals, or serums for treating human or animal ailments; or
(ii) In the development of methods of treatment or techniques for the diagnosis or treatment of human or animal ailments; or
(iii) When engaged in the study and development of methods and techniques directly or indirectly applicable to the practice of veterinary medicine, as long as such research is conducted in compliance with applicable state and federal laws, rules and regulations.
(n) Any person from performing artificial insemination of domestic animals as governed by chapter 8, title 25, Idaho Code.
(o) Any person from horseshoeing or hoof-trimming bovine, equine and farm animals.
(p) An allied health professional actively licensed and in good standing in any state from participating in a medical procedure involving an animal, provided that such participation is in the health professional’s licensed field of medicine and under the indirect supervision of an actively licensed veterinarian.
(q) Any person from the gratuitous treatment of animals in an emergency as a neighborly act.
(r) Any state or federal livestock inspector from performing the official duties specifically required under any lawful act or statute, provided that this exemption shall not apply to such persons not actively engaged in performing or fulfilling their official duties and responsibilities.
(s) A certified euthanasia agency from operating as a CEA as defined by law and rules.
(t) A certified euthanasia technician from performing those duties as defined by law and rules.
(u) Any person from utilizing cotton swabs, gauze, dental floss, dentifrice or toothbrushes to clean an animal’s teeth.
(v) A certified veterinary technician from practicing veterinary technology under appropriate supervision, as defined by the rules of the board.
(w) An assistant or veterinary technician from performing acts pertaining to the practice of veterinary medicine under appropriate supervision, as defined by the rules of the board.
(x) The personal representative, executor or sole surviving heir of a licensed veterinarian from continuing to operate the veterinary medical practice of the deceased for a period of not more than three (3) years following death. This exception applies only where during such three (3) year period:
(i) Good faith efforts are being made to sell the veterinary medical practice; and
(ii) All the decisions pertaining to the diagnosis, care and treatment of the patients are made by an actively licensed veterinarian.
(y) A veterinarian with an active license in good standing from another state from practicing veterinary medicine on animals in the collection of a publicly owned zoo that is either licensed by the United States department of agriculture (USDA) as an exhibitor or is accredited by the association of zoos and aquariums (AZA), but only when the Idaho licensed veterinarian who regularly attends to these animals is unavailable or unqualified to render the services required. This exemption from licensure applies only after the out-of-state veterinarian notifies the board in writing: (1) of the location of practice in Idaho; and (2) the expected duration of the practice. After the out-of-state veterinarian completes the services under this section, the veterinarian must so notify the board in writing of that fact. Unless expressly extended by the board in its sound discretion, an exemption under this section is limited to a period of one (1) year from the initial notification date.
(3) Nothing in this section shall be construed as limiting the board’s authority to provide other exemptions or exceptions to the requirements for licensing, under its rulemaking authority, as the board may find necessary or appropriate.
[54-2104, added 1971, ch. 173, sec. 4, p. 812; am. 1983, ch. 139, sec. 4, p. 338; am. 1990, ch. 111, sec. 3, p. 225; am. 1993, ch. 72, sec. 2, p. 190; am. 1995, ch. 62, sec. 2, p. 148; am. 2000, ch. 122, sec. 2, p. 275; am. 2001, ch. 149, sec. 2, p. 531; am. 2008, ch. 135, sec. 1, p. 378; am. 2010, ch. 105, sec. 2, p. 212; am. 2011, ch. 80, sec. 1, p. 169; am. 2021, ch. 40, sec. 2, p. 97.]
(1) (a) A board of veterinary medicine, which shall consist of six (6) members to be appointed by and serve at the pleasure of the governor, is hereby created in the division of occupational and professional licenses. Five (5) members shall be veterinarians and one (1) shall be a public member. Each of the five (5) veterinary board members shall serve a term of five (5) years, with the fifth year serving also as a liaison officer, or until a successor is appointed. The public member shall serve for a term of three (3) years or until a successor is appointed.
(b) Whenever the occasion arises for an appointment of a veterinary member under this section, the governor may consider recommendations for appointment to the board from the state veterinary medical association, from any of the regional veterinary medical associations, and from any individual residing in this state. Vacancies due to death, resignation or removal shall be filled for the remainder of the unexpired term in the same manner as regular appointments. Filling the remainder of a previous member’s term shall not count toward the term limits provided for in this section. No veterinarian shall serve two (2) consecutive terms. The public member may serve two (2) full consecutive terms. Each of the five (5) veterinarians shall be qualified to serve as a member of the board if a graduate of an accredited or approved school of veterinary medicine or, if a graduate of a nonaccredited or nonapproved school, by providing a letter from the educational commission for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG program or a copy of their ECFVG certificate or verification of successful completion of any educational equivalency program established for the purpose of evaluating an individual’s educational knowledge and clinical skills as they relate to the practice of veterinary medicine, as approved and outlined by the rules of the board. In addition to verification of graduation from an accredited or nonaccredited school of veterinary medicine, each of the five (5) veterinary members shall be a resident of this state and have been licensed to practice veterinary medicine in this state for the five (5) years immediately preceding the time of appointment. The public member shall be at least twenty-one (21) years of age and a resident of this state for five (5) years immediately preceding appointment. No person may serve on the board who is, or was, during the two (2) years preceding appointment, a member of the faculty or trustees of an accredited school of veterinary medicine.
(2) Each member of the board and committee on humane euthanasia shall be compensated as provided by section 59-509(n), Idaho Code.
(3) Any member of the board may be removed by the governor at his discretion.
(4) The board shall meet at least once each year at the time and place fixed by the rules of the board. Other necessary meetings may be called by the president of the board by giving notice as may be required by state statute or rule. Except as may otherwise be provided, a majority of the board constitutes a quorum. Meetings shall be open and public except as otherwise provided by the open meetings law, chapter 2, title 74, Idaho Code.
(5) The board member serving the fourth year of appointment shall be the president of the board and shall serve as chairman at the board meetings.
(6) The veterinary board member serving the fifth year of appointment shall be the liaison officer of the board and shall render advice, review and mediate complaints, and perform other tasks assigned by the board.
(7) All revenues received under this chapter shall be paid to the occupational licenses fund and shall be subject to and administered in accordance with the provisions of this chapter.
(8) The responsibility for enforcement of the provisions of this chapter is hereby vested in the board. The board shall have all of the duties, powers and authority specifically granted by or necessary for the enforcement of this chapter and the rules made pursuant thereto, as well as such other duties, powers and authority as it may be granted from time to time by applicable law. The powers vested in the board shall include, but are not limited to:
(a) Establish qualifications and prescribe the application format for issuance or renewal of a license to practice as a veterinarian and certification to practice as a veterinary technician, euthanasia agency or euthanasia technician, to review each application for compliance with the licensure and certification requirements, and to issue, renew or deny licenses and certifications. Upon a showing of good cause by a licensee or certificate holder to the board, the board may grant an extension of time for submission of the required application or renewal documentation, including the required number of continuing education hours, as set forth by this chapter or the rules of the board.
(b) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine or a certification to practice veterinary technology or as a euthanasia technician or operate as a certified euthanasia agency in the state.
(c) Issue, renew, reinstate, deny, suspend, sanction, reprimand, restrict, limit, place on probation, require voluntary surrender of, or revoke any licenses, certifications or temporary permits or certifications to practice veterinary medicine, veterinary technology or the euthanizing of animals in the state and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with licensed veterinarians, certified veterinary technicians, certified euthanasia technicians and certified euthanasia agencies consistent with the provisions of this chapter and the rules adopted hereunder. Whenever it appears that grounds for discipline exist under this chapter and the board finds that there is an immediate danger to the public health, safety or welfare, the board is authorized to commence emergency proceedings for revocation or other action. Such proceedings shall be promptly instituted and processed under the applicable provisions of chapter 52, title 67, Idaho Code.
(d) Establish a schedule of fees for licensing, certifying and registering veterinarians, veterinary technicians, euthanasia agencies and euthanasia technicians, as well as for the review, approval and administration of national licensing and certification examinations.
(e) In addition to the fees specifically provided for herein, the board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this chapter or rules adopted hereunder. Such services rendered shall include, but not be limited to, the following:
(i) Issuance of duplicate licenses or certificates;
(ii) Mailing lists or reports of data maintained by the board;
(iii) Copies of any documents;
(iv) Verification of license or certification status;
(v) Examination review, approval and administration; and
(vi) Examination materials.
(f) Upon its own motion or upon any complaint, initiate and conduct investigations on all matters relating to the practice of veterinary medicine or veterinary technology or the euthanizing of animals.
(g) Initiate and conduct disciplinary hearings or proceedings on its own or through its designated hearing officer, provided such hearings and proceedings shall be held in conformance with the provisions of chapter 52, title 67, Idaho Code, and in connection thereto, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may require the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and may commission depositions. The board may designate one (1) or more of its members or appoint a person to serve as its hearing officer.
(h) Appoint from its own membership one (1) or more members to act as representatives of the board at any meeting within or outside the state where such representation is deemed desirable.
(i) Bring proceedings in the courts for the enforcement of this chapter or any rules of the board.
(j) For purposes of enforcement of the provisions of this chapter and any rules duly promulgated hereunder, including the levying of civil penalties, assessment and collection of fines, and recovery of costs and paralegal, hearing officer and attorney’s fees incurred by the board in investigation and prosecution of complaints, the board shall maintain jurisdiction over individuals, irrespective of their license or certification status (i.e., active, inactive, expired, lapsed, surrendered or disciplined) relative to acts, omissions, complaints and investigations that occurred during the licensure or certification period. Jurisdiction of the board shall also extend to all individuals engaged in the practice of veterinary medicine, veterinary technology or practicing as a certified euthanasia agency or certified euthanasia technician in this state as defined in section 54-2103, Idaho Code. It is the intent of this subsection that the board’s jurisdiction should extend to all licensed or unlicensed or certified or uncertified individuals and that licensees and certification holders cannot divest the board of jurisdiction by changing, surrendering or relinquishing licensure or certification status.
(k) Establish a committee on humane euthanasia for the purposes of training, examining, licensing and certifying euthanasia agencies and euthanasia technicians and assess application, training workshop and certification fees. The fees so assessed are continuously appropriated to the board to support the activities of the committee.
(l) Adopt, amend or repeal all sections of this chapter and rules necessary for its government and all rules necessary to carry into effect the provisions of this chapter pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine.
(m) Conduct probationary or other practice and facility inspections necessary for enforcement of this chapter or the rules duly promulgated hereunder or any order, negotiated settlement or probationary agreement of the board and issue administrative citations to alleged violators.
[54-2105, added 1971, ch. 173, sec. 5, p. 812; am. 1974, ch. 13, sec. 152, p. 138; am. 1976, ch. 166, sec. 17, p. 610; am. 1980, ch. 247, sec. 68, p. 635; am. 1983, ch. 139, sec. 5, p. 339; am. 1990, ch. 111, sec. 4, p. 226; am. 1991, ch. 138, sec. 2, p. 328; am. 1992, ch. 280, sec. 1, p. 857; am. 1995, ch. 62, sec. 3, p. 150; am. 1996, ch. 237, sec. 3, p. 767; am. 2000, ch. 122, sec. 3, p. 278; am. 2001, ch. 149, sec. 3, p. 534; am. 2007, ch. 54, sec. 2, p. 131; am. 2008, ch. 135, sec. 2, p. 381; am. 2008, ch. 204, sec. 1, p. 655; am. 2010, ch. 130, sec. 1, p. 276; am. 2011, ch. 78, sec. 1, p. 163; am. 2016, ch. 119, sec. 2, p. 348; am. 2016, ch. 340, sec. 26, p. 945; am. 2021, ch. 40, sec. 3, p. 100; am. 2021, ch. 221, sec. 10, p. 614; am. 2021, ch. 222, sec. 19, p. 632; am. 2021, ch. 224, sec. 54, p. 678; am. 2022, ch. 111, sec. 29, p. 388.]
The following requirements shall apply to:
(1) Emergency veterinary facilities:
(a) All advertisements for such facilities shall specify and clearly state the hours of operation and the address and telephone number of the facility; and
(b) At least one (1) veterinarian and a qualified staff member shall be on the premises during all stated hours of operation. A sufficient quantity of instrumentation, medications and supplies, and sufficient number of additional veterinarian(s) and support staff, as required to provide an appropriate level of emergency care, shall be on the premises during all stated hours of operation.
(2) On-call emergency services:
(a) All advertisements for such services shall specify and clearly state that the emergency services are provided on an on-call basis and that there is no veterinarian on premises other than during regular hours of operation; and
(b) Shall not be advertised as an emergency veterinary facility.
[54-2106, added 2006, ch. 139, sec. 2, p. 401.]
(1) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board and bear the burden of substantiating to the board the license application requirements. To apply for a veterinary license, the applicant shall complete the application available from the board office, receive a passing score of at least ninety percent (90%) on the Idaho jurisprudence examination, submit the license application fee and first year’s license fee in the amount established in the board rules, and provide any additional information that the board may request.
(2) A completed application shall contain the applicant’s notarized signature and shall include the items set out in section 54-2107A or 54-2107B, Idaho Code. Such application shall include an attestation by the applicant, under penalty of perjury, that:
(a) The applicant is twenty-one (21) years of age or older;
(b) All information contained in the application is true and correct to the best of the applicant’s knowledge; and
(c) If applicable, the applicant has always been in good standing in any state in which the applicant has held a license in veterinary medicine.
(3) Application materials shall be valid for one (1) year after receipt by the board.
(4) An applicant denied licensure may request a hearing pursuant to the procedures set forth in chapter 52, title 67, Idaho Code.
[54-2107, added 2021, ch. 40, sec. 5, p. 103.]
(1) This section shall apply to any applicant who:
(a) Is an active duty military member, a former member of the military after discharge under honorable conditions as defined in section 67-9403, Idaho Code, a veteran, or a spouse of any such person; or
(b) Has had an active license in any state, district, or territory of the United States for three (3) years immediately preceding the date of application for an Idaho license.
(2) A person applying for a license by endorsement pursuant to this section shall meet the requirements set out in section 54-2107, Idaho Code, and shall submit the following to the board:
(a) An attestation that the applicant has a degree in veterinary medicine from an accredited or approved school of veterinary medicine or has completed the requirements of the American veterinary medical association’s education commission for foreign veterinary graduates program or the program for the assessment of veterinary education equivalence of the American association of veterinary state boards;
(b) Passing scores on the national examinations approved by the board; provided that an applicant who has held an active license from any state or states for the three (3) years immediately preceding application for an Idaho license may submit the written verification required in paragraph (c) of this subsection in lieu of such scores; and
(c) Written verification of any license or licenses from the licensing organization or organizations in any state or states where the applicant has held an active license for the three (3) years immediately preceding application for an Idaho license or as provided by the veterinary information verifying agency of the American association of veterinary state boards.
[54-2107A, added 2021, ch. 40, sec. 6, p. 104.]
(1) In addition to the requirements set out in section 54-2107, Idaho Code, any applicant who does not qualify for licensure by endorsement pursuant to section 54-2107A, Idaho Code, shall submit the following to the board:
(a) A certified copy of a diploma or transcript showing the applicant has a degree from an accredited or approved school of veterinary medicine or a letter from an accredited or approved school of veterinary medicine verifying satisfactory graduation by the applicant; or, if a graduate of a nonaccredited or nonapproved school, a letter from the educational commission for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG program or a copy of the ECFVG certificate; or by completion of any educational equivalency program established for the purpose of evaluating an individual’s educational knowledge and clinical skills as they relate to the practice of veterinary medicine; and as approved and outlined by the rules of the board; and
(b) Passing scores on the national examinations approved by the board.
(2) After November 1, 2000, applicants who have taken their national examinations prior to this date and have not taken and passed the clinical competency test (CCT) may, in lieu of a passing score on the CCT, provide the following documentation from the licensing board in the state in which they are currently actively practicing or from the veterinary information verifying agency of the American association of veterinary state boards:
(a) Verification of five (5) years of continuous, active practice in the same state or states where they have practiced for the past five (5) years immediately preceding application for licensure in Idaho, and provided that the requirements for licensure in the state or states are similar to those in Idaho; and
(b) Verification of no disciplinary action taken against the applicant’s license to practice veterinary medicine during the five (5) year period immediately preceding application for a veterinary license in Idaho.
(3) The practice of an applicant licensed under subsection (2) of this section shall be limited to the same fields of veterinary medicine as such applicant has practiced in another state or states during the five (5) year period immediately preceding application for a veterinary license in Idaho.
(4) If applicable, the applicant shall submit written verification of any license or licenses from the licensing organization in any state or states where the applicant has held a license or as provided by the veterinary information verifying agency of the American association of veterinary state boards.
[54-2107B, added 2021, ch. 40, sec. 7, p. 104.]
(1) All applicants for licensure or certification, or for reinstatement after the license or certification has lapsed pursuant to section 54-2112(3), Idaho Code, must submit to a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(2) This section shall apply to individuals only. This section shall not apply to entities applying for a certificate as a certified euthanasia agency.
[54-2108, added 2009, ch. 83, sec. 1, p. 234; am. 2021, ch. 40, sec. 8, p. 105; am. 2024, ch. 101, sec. 9, p. 455.]
(1) The board may, upon payment of the fee prescribed under section 54-2107, Idaho Code, license without the clinical competency test (CCT) any person who is a diplomate with current certification from a specialty board approved by the American veterinary medical association. The applicant shall fulfill all requirements for licensure with the exception of a passing score on the CCT and shall provide verification of a current certification from a specialty board approved by the American veterinary medical association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to referrals in the specialty in which the person is board-certified.
(2) After November 1, 2000, the board may, upon payment of the fee prescribed under section 54-2107, Idaho Code, license without the CCT any person who has taken national examinations prior to this date and has not taken and passed the CCT but has fulfilled the requirements of section 54-2107, 54-2107A, or 54-2107B, Idaho Code.
(3) The board may require a personal interview of any or all applicants under this section.
[54-2110, added 1990, ch. 111, sec. 9, p. 230; am. 1993, ch. 72, sec. 4, p. 192; am. 2000, ch. 122, sec. 5, p. 283; am. 2001, ch. 149, sec. 5, p. 539; am. 2021, ch. 40, sec. 9, p. 105.]
(1) All licenses and certifications shall expire biennially on the birthday of the licensee unless renewed in a timely manner by submission of the renewal form prescribed by the board, by proof of completion of the appropriate hours of continuing education, by paying the renewal fee, and by meeting other requirements as defined in the rules of the board.
(2) An expired license or certification may be reinstated by paying the established late fee and renewal fee and by fulfilling the other requirements of this section.
(3) An expired license or certification not reinstated prior to thirty (30) days after it has expired will lapse. Individuals whose licenses or certifications have lapsed must submit an application to the board as if for a new license or certification.
(4) Once a license or certification has expired or lapsed, the person or agency may not practice veterinary medicine or veterinary technology or function as a certified euthanasia technician or agency until the license or certification has been reinstated or until the person or agency has applied for and received a new license or certification.
(5) Any veterinarian licensed in Idaho or veterinary technician certified in Idaho who advises the board, in writing, that the veterinarian or veterinary technician wishes to remain licensed or certified in this state but does not intend to actively practice veterinary medicine or veterinary technology in the state of Idaho and therefore does not intend to meet the licensing or certification requirements for an active license or certification shall be transferred from active to inactive status and shall be required to pay inactive status fees as prescribed in the rules of the board. Any person may transfer from inactive to active status by making written application for reinstatement to active status, providing adequate proof of continued competence if requested by the board, by paying all required fees, and by meeting other requirements for reinstatement as defined in the rules of the board.
[54-2112, added 1971, ch. 173, sec. 11, p. 812; am. 1974, ch. 13, sec. 154, p. 138; am. 1983, ch. 139, sec. 12, p. 343; 1990, am. and redesig. ch. 111, sec. 11, p. 231; am. 1993, ch. 72, sec. 6, p. 193; am. 1995, ch. 62, sec. 7, p. 153; am. 2000, ch. 122, sec. 7, p. 284; am. 2001, ch. 149, sec. 7, p. 540; am. 2007, ch. 54, sec. 3, p. 135; am. 2015, ch. 100, sec. 1, p. 241; am. 2021, ch. 40, sec. 11, p. 106; am. 2024, ch. 86, sec. 18, p. 403.]
(1) A veterinary medical practice may be conducted only as a sole proprietorship, as a partnership or as a professional entity as defined in part 9, chapter 21, title 30, Idaho Code. No business corporation, other than a professional entity, shall be organized for the practice of veterinary medicine or shall provide veterinary medical services.
(2) A not-for-profit corporation may own property in connection with a veterinary medical facility or animal shelter, provided that an actively licensed veterinarian makes all the decisions pertaining to diagnosis, care and treatment of the patients.
[54-2113, added 2000, ch. 122, sec. 8, p. 284; am. 2015, ch. 251, sec. 8, p. 1050.]
(1) Anyone not authorized to practice veterinary medicine under this chapter in which an active veterinary license in this state is a prerequisite to practice, who does practice or offers to practice or holds himself out as being able to practice veterinary medicine, or who practices veterinary medicine as an exempt person during the time when his license is expired, suspended, revoked or annulled, shall be practicing in violation of this chapter and is subject to the provisions of section 54-2118, Idaho Code.
(2) Any licensed veterinarian that aids or abets an unlicensed or uncertified person to practice veterinary medicine or employs or holds such unlicensed person out as being able to practice veterinary medicine, shall be subject to the provisions of sections 54-2115 and 54-2118, Idaho Code.
(3) Anyone not authorized to practice veterinary medicine under this chapter in which an active veterinary license in this state is a prerequisite to practice, who offers services in the field of veterinary medicine to an individual in this state, through telephonic, electronic or other means, regardless of the location or profession of this individual, shall be practicing in violation of this chapter and be subject to the provisions of section 54-2118, Idaho Code.
[54-2114, added 2000, ch. 122, sec. 9, p. 285; am. 2001, ch. 149, sec. 8, p. 541.]
The board may refuse to issue, renew or reinstate the license of a veterinarian, or may deny, revoke, suspend, sanction, reprimand, restrict, limit, place on probation or require voluntary surrender of the license of a veterinarian, and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with any licensed veterinarian pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, for any or all of the following reasons:
(1) The employment of fraud, misrepresentation of a material fact or deception by an applicant or licensee in:
(a) Securing or attempting to secure the issuance or renewal of a license;
(b) Statements regarding the veterinarian’s skills or efficacy or value of any treatment provided or to be provided or using any false, fraudulent, misleading or deceptive statement connected with the practice of veterinary medicine including, but not limited to, false or misleading advertising; or
(c) Participating in a breach of the North American veterinary licensing examination (NAVLE). The following activity is a violation and constitutes grounds for discipline under this subsection:
(i) Written notification from the national board examination committee (NBEC), or its designee, that the NBEC has nullified the NAVLE score of the applicant or licensee because the applicant or licensee has admitted cheating or committing other improprieties in the taking, administering or processing of the NAVLE; or
(ii) Written notification from the NBEC, or its designee, that the NBEC has obtained a court judgment against the applicant or licensee after proving allegations that the applicant or licensee cheated or committed other improprieties in the taking, administering or processing of the NAVLE.
(2) Unethical or unprofessional conduct, as defined by section 54-2103, Idaho Code, and as established by the rules of the board.
(3) Being found guilty, convicted, placed on probation, having entered a guilty plea that is accepted by the court, forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance, or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:
(a) Any felony as defined in chapter 1, title 18, Idaho Code;
(b) Any other criminal act that in any way is related to the practice of veterinary medicine as defined by section 54-2103, Idaho Code; or
(c) Any violation of any federal or state statute, rule or regulation regulating narcotics, dangerous drugs or controlled substances.
(4) Medical incompetence in the practice of veterinary medicine as defined by section 54-2103, Idaho Code.
(5) Physical or mental incompetence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.
(6) Malpractice or negligence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.
(7) Aiding or abetting an unlicensed or uncertified person to practice veterinary medicine or veterinary technology or employing or holding such unlicensed person out as being able to practice veterinary medicine or veterinary technology.
(8) Fraud, dishonesty, failure to report, or gross negligence in the inspection of animals and animal products intended for human consumption, issuance of health or inspection certificates in the application, vaccination, treatment or reporting of any test for disease in animals and in reporting any contagious or infectious disease.
(9) Failure to comply with the veterinary standards of practice as established by the rules of the board.
(10) Failure to comply with the recordkeeping requirements as established by the rules of the board.
(11) Cruelty to animals including, but not limited to, the intentional and malicious infliction of pain, physical suffering, injury or death, performance of experimental treatments without the owner’s consent, deprivation of necessary sustenance, withholding of appropriate pain medications or levels of pain medications, or the administration of unnecessary procedures and treatment.
(12) Infliction of pain on any animal in self-defense, or to prevent physical harm to others, or in accordance with local custom and culture in moving, handling, treating, dehorning, castrating or performing other procedures on livestock shall not be considered cruel or physically abusive unless done in an unnecessary or intentionally malicious manner. This provision does not alter section 25-3514, Idaho Code.
(13) Revocation, suspension, disciplinary sanction, other adverse action, or failure to report any such adverse action to the board, including voluntary surrender of a license or certificate by virtue of which one is licensed to practice veterinary medicine in that jurisdiction or country on grounds other than nonpayment of renewal fees.
(14) Falsifying or failing to fulfill the continuing education requirements as established by the rules of the board.
(15) The use, prescription or sale of any controlled substance, veterinary legend/prescription drug or prescription of an extra-label use for any human or veterinary drug without a valid veterinarian/client/patient relationship.
(16) Charging for services that were not rendered, charging for services that were not documented in the patient’s records, or charging for services that were not consented to by the owner of the patient or the owner’s agent.
(17) Failure to timely furnish details of a patient’s medical record to another veterinarian, hospital, clinic, owner or owner’s agent.
(18) Failure of any applicant or licensee to cooperate with the board during any investigation, even if such investigation does not personally concern the applicant or licensee.
(19) Failure to comply with the terms of any order, negotiated settlement or probationary agreement of the board or to pay the costs assessed in a disciplinary matter pursuant to section 54-2105, Idaho Code.
(20) Failure to comply with the terms for renewal or to timely pay license, certification or registration renewal fees as specified by section 54-2112, Idaho Code, and the rules of the board.
(21) Failure of a licensed veterinarian to exercise proper supervision, as defined by the rules of the board, when supervising a temporary licensee or holder of a temporary certification, a certified veterinary technician, a veterinary technician, a veterinary assistant, a certified euthanasia technician or other person, except in an emergency situation as defined in section 54-2103, Idaho Code.
(22) Delegation of an act pertaining to the practice of veterinary medicine or veterinary technology to an unqualified person, regardless of the supervision provided.
(23) Aiding or abetting or violating any of the provisions of this chapter or any lawful rule or order of the board.
[(54-2115) 54-2114, 54-2113, added 1971, ch. 173, sec. 12, p. 812; am. 1983, ch. 139, sec. 13, p. 344; 1990, am. and redesig. ch. 111, sec. 12, p. 233; am. 1993, ch. 71, sec. 1, p. 188; am. 1995, ch. 62, sec. 8, p. 154; am. and redesig. 2000, ch. 122, sec. 10, p. 285; am. 2001, ch. 149, sec. 9, p. 541; am. 2007, ch. 54, sec. 4, p. 136; am. 2010, ch. 105, sec. 3, p. 214; am. 2011, ch. 79, sec. 1, p. 166; am. 2021, ch. 40, sec. 12, p. 106.]
The board is authorized to enter an order that suspends or revokes an existing license or certification based upon a violation of the provisions of chapter 21, title 54, Idaho Code, or a board rule, for a maximum period of ten (10) years. In the event the board enters an order that denies an application for licensure or certification, the board is authorized to impose a restriction on reapplication for a maximum period of up to ten (10) years.
[54-2115A, added 2011, ch. 93, sec. 1, p. 202.]
Any party aggrieved by a decision of the board may seek judicial review of the decision pursuant to the administrative procedure act, chapter 52, title 67, Idaho Code.
[(54-2116) 1971, ch. 173, sec. 14, p. 812; 1990, redesignated, ch. 111, sec. 14, p. 233; am. 1993, ch. 216, sec. 76, p. 654; am. 1995, ch. 62, sec. 10, p. 155; am. and redesignated 2000, ch. 122, sec. 11, p. 287.]
Any person whose license is suspended or revoked may, at the discretion of the board, be relicensed or reinstated at any time with or without an examination, by majority vote of the board on written application made to the board showing cause justifying relicensing or reinstatement.
In reinstating a license which has been suspended or revoked under section 54-2115, Idaho Code, the board may impose terms and conditions to be followed by the licensee after the license has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following:
(1) Requiring the licensee to obtain additional professional training and to pass an examination upon completion of the training.
(2) Requiring the licensee to pass an oral, written, practical or clinical examination, or any combination thereof to determine present fitness to engage in the practice of veterinary medicine.
(3) Restricting or limiting the extent, scope, or type of practice of the licensee.
(4) Requiring the licensee to obtain professional counseling and undergo and maintain treatment and testing for alcohol or drug related problems.
[(54-2117) 1971, ch. 173, sec. 15, p. 812; am. 1983, ch. 139, sec. 15, p. 345; 1990, am. and redesignated, ch. 111, sec. 15, p. 233; am. 1995, ch. 62, sec. 11, p. 155; am. and redesignated 2000, ch. 122, sec. 12, p. 287.]
In addition to the disciplinary actions set forth in section 54-2115, Idaho Code:
(1) Administrative actions.
(a) Any person violating the provisions of this chapter, or violating a board rule, may be fined by the board or its duly authorized agent not more than five thousand dollars ($5,000) for each offense; provided that each act on each day of violation shall constitute a separate offense. Imposition of a fine may be made in conjunction with any other board administrative action. No fine may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If a person fined fails to fully pay the fine, investigatory expenses or reasonable paralegal and attorney’s fees, the board may recover such amount by action in the appropriate district court. Any assessment for costs and attorney’s fees incurred in the investigation and prosecution or defense of a person under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
(b) The board may establish alternatives to formal disciplinary action for violations of this chapter or board rules that may include a practice remediation program to educate and remediate licensees and certificate holders as a result of practice deficiencies. An alternative to formal discipline may be offered by the board’s liaison officer to a licensee or certificate holder when the officer has determined, in the officer’s sound discretion, after consultation with and approval of the board president or vice president if the president is unavailable, that animal and public safety will not be compromised and the violation can most appropriately be resolved without formal discipline. To further the purposes of an alternative to discipline, it will be offered only by or through the liaison officer and, unless the person violates its terms, the full board will not be informed of the alternative to discipline or have to expressly approve its terms. An alternative to formal discipline shall not be available and may not be offered by the liaison officer in any of the following circumstances:
(i) Within the preceding five (5) years, the person has been formally disciplined by the board or been the subject of an alternative to discipline under this subsection;
(ii) The person is currently on probation by the board;
(iii) The person is currently under investigation by the board for any other offense;
(iv) Felony charges are pending against the person, or the person is the subject of a current criminal investigation involving allegations that, if verified, may reasonably be expected to affect the person’s qualifications or eligibility to remain licensed or certified under this chapter; or
(v) The act or omission committed by the person:
Caused significant harm to an animal;
Created a substantial risk likely to cause significant harm to an animal; or
Involved fraud or deception.
Among other terms and conditions, an alternative to formal discipline may require the licensee or certificate holder to comply with the instructions of the board’s liaison officer on remedying the violation, pay a monetary civil penalty to the board of up to one thousand dollars ($1,000) and pay all board investigative expenses and costs associated with the file, if warranted under section 12-117(5), Idaho Code.
Upon successful completion of the terms and conditions of the alternative to discipline, the violation shall not be considered "discipline," shall not be reported to any national disciplinary database, and documents and records related to the violation shall be exempt from disclosure under chapter 1, title 74, Idaho Code.
(2) Civil court proceedings. Any citizen of this state may bring an action in the district court of either Ada county or any county where a violation is occurring, to enjoin any person from practicing veterinary medicine or practicing as a certified veterinary technician, certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification. If the court finds that the person is violating the provisions of this chapter, it shall enter an injunction restraining that person from such unlawful acts.
(3) Criminal actions. Any person who practices veterinary medicine, any person practicing as a certified veterinary technician, a certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification shall be guilty of a misdemeanor and upon conviction or withheld judgment shall be fined not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no more than one hundred eighty (180) days, or both fined and incarcerated, and provided that each act of such unlawful practice shall constitute a distinct and separate offense.
(4) The remedies set forth in this section are not mutually exclusive and a successful action on any one (1) remedy does not preclude action on some or all of the other remedies.
[(54-2118) 54-2117, 54-2116, added 1971, ch. 173, sec. 16, p. 812; am. 1983, ch. 139, sec. 16, p. 345; am. and redesig. 1990, ch. 111, sec. 16, p. 233; am. 1995, ch. 62, sec. 12, p. 156; am. and redesig. 2000, ch. 122, sec. 13, p. 288; am. 2001, ch. 149, sec. 10, p. 543; am. 2010, ch. 104, sec. 1, p. 201; am. 2015, ch. 141, sec. 145, p. 492; am. 2016, ch. 343, sec. 1, p. 980; am. 2018, ch. 348, sec. 13, p. 811; am. 2021, ch. 40, sec. 13, p. 108; am. 2026, ch. 221, sec. 92, p. 975.]
This chapter shall be administered by the board.
[(54-2119) 1971, ch. 173, sec. 17, p. 812; am. 1974, ch. 13, sec. 156, p. 138; am. 1983, ch. 139, sec. 17, p. 346; 1990, redesignated, ch. 111, sec. 17, p. 234; am. and redesignated 2000, ch. 122, sec. 14, p. 289.]
The attorney general’s office of the state of Idaho shall represent the board and shall give opinions on all questions of law arising out of the administration of the laws which it shall administer, and to act for, and on behalf of the board in all actions brought for or against it under the provisions of this chapter, or as otherwise provided by law.
[(54-2120) 1983, ch. 139, sec. 18, p. 346; 1990, redesignated, ch. 111, sec. 18, p. 234; am. and redesignated 2000, ch. 122, sec. 15, p. 289.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected pursuant to this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
54-2121 added 2021, ch. 224, sec. 56, p. 681.]
This chapter shall be known and may be cited as the "Physical Therapy Practice Act."
[54-2201, added 2001, ch. 197, sec. 2, p. 667.]
To protect the public health, safety and welfare, and to provide for state administrative supervision, licensure and regulation, every person practicing or offering to practice physical therapy who meets and maintains prescribed standards of competence and conduct shall be licensed as provided in this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
[54-2202, added 2001, ch. 197, sec. 2, p. 667.]
As used in this chapter:
(1) "Applicant" means a person applying for a license or permit under this chapter.
(2) "Board" means the Idaho physical therapy licensure board.
(3) "Department" means the department of self-governing agencies.
(4) "Division" means the division of occupational and professional licenses.
(5) "Dry needling" means a skilled intervention performed by a physical therapist that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular and connective tissues for the evaluation and management of neuromusculoskeletal conditions, pain and movement impairments.
(6) "License" means a document issued by the board to a person under this chapter authorizing the person to practice as a physical therapist or physical therapist assistant.
(7) "Physical therapist" means a person licensed under the provisions of this chapter to engage in the practice of physical therapy.
(8) "Physical therapist assistant" means a person who meets the requirements of this chapter and who performs physical therapy procedures and related tasks that have been selected and delegated only by a supervising physical therapist.
(9) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist.
(10) "Practice of physical therapy" means the exercise of the profession of physical therapy by a person who engages in the following health care activities:
(a) Examining, evaluating and testing individuals with mechanical, physiological and developmental impairments, functional limitations, and disability or other health and movement-related conditions in order to determine a diagnosis for physical therapy and prognosis for physical therapy, plan of therapeutic intervention, and to assess the ongoing effects of intervention;
(b) Alleviating impairments and functional limitations by designing, implementing and modifying therapeutic interventions that include, but are not limited to: therapeutic exercise; functional mobility training in self-care and in-home, community or work reintegration; manual therapy; assistive, adaptive, protective and supportive devices and equipment; bronchopulmonary hygiene; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction; and to reduce the risk of injury, impairment, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations. The practice of physical therapy shall not include the use of radiology, surgery or medical diagnosis of disease; and
(c) Engaging in administration, consultation, testing, education and research as related to paragraphs (a) and (b) of this subsection.
(11) "Supportive personnel" means a person or persons trained under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks.
[54-2203, added 2001, ch. 197, sec. 2, p. 667; am. 2005, ch. 185, sec. 1, p. 568; am. 2006, ch. 116, sec. 1, p. 315; am. 2018, ch. 204, sec. 2, p. 455; am. 2022, ch. 94, sec. 28, p. 301.]
Nothing in this chapter shall be construed to restrict any persons licensed or regulated by the state of Idaho from engaging in the profession or practice for which they are licensed or regulated, including, but not limited to, any athletic trainer, chiropractor, dentist, nurse, physician, podiatrist, occupational therapist, optometrist, osteopath, surgeon, or any other licensed or regulated practitioner of the healing arts, nor restrict employees working under the direct supervision of those persons referred to in this section, so long as such person does not hold himself or herself out as a physical therapist, physical therapist assistant or a person engaged in the practice of physical therapy.
[54-2204, added 2001, ch. 197, sec. 2, p. 668.]
(1) There is hereby established in the division of occupational and professional licenses a physical therapy licensure board. The board shall consist of five (5) members appointed by the governor and who shall serve at the pleasure of the governor, three (3) of whom shall be licensed physical therapists, one (1) of whom may be a licensed physical therapist assistant or a licensed physical therapist, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of health services. All members of the board shall be residents of Idaho at the time of their appointment and for their term of service. The persons appointed to the board who are required to be licensed under this chapter shall have been engaged in rendering physical therapy or physical therapy assistant care services, respectively, to the public, in teaching, or in research in physical therapy or physical therapy assistant care services, respectively, for at least three (3) years immediately preceding their appointments. These members, excepting the public member, shall at all times be holders of valid licenses and be in good standing without restriction upon such license for the practice of physical therapy or physical therapy assistant, respectively, in Idaho.
(2) The governor shall appoint members for a term of three (3) years, but no person shall be appointed to serve more than two (2) consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed in this section.
(3) The governor may consider recommendations for appointment to the board from the Idaho physical therapy association and from any individual residing in this state.
(4) The board shall hold a meeting annually and elect a chairman who shall preside at meetings of the board. In the event the chairman is not present at any board meeting, the board may by majority vote of the members present appoint a temporary chairman. A majority of the members of the board shall constitute a quorum. Other meetings may be convened at the call of the chairman or upon the written request of any two (2) board members.
(5) Each member of the board shall be compensated as provided in section 59-509(n), Idaho Code.
(6) Members of the board shall disqualify themselves and, upon the motion of any interested party may, upon proper showing, be disqualified in any proceeding concerning which they have an actual conflict of interest or bias that interferes with their fair and impartial service.
[54-2205, added 2001, ch. 197, sec. 2, p. 668; am. 2005, ch. 185, sec. 2, p. 569; am. 2006, ch. 116, sec. 2, p. 316; am. 2009, ch. 95, sec. 1, p. 281; am. 2016, ch. 340, sec. 27, p. 949; am. 2021, ch. 222, sec. 20, p. 635.]
The board shall have the authority to administer, coordinate and enforce the provisions of this chapter. Such authority shall include, but not be limited to, the power to:
(1) Evaluate the qualifications of applicants for licensure, approve and administer examinations to test the knowledge and proficiency of applicants for licensure, and approve or deny the registration and issuance and renewal of licenses and permits;
(2) Promulgate rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter;
(3) Adopt rules providing for continuing education; and
(4) Require the inspection of testing equipment and facilities of persons engaging in any practice pursuant to this chapter.
[54-2206, added 2006, ch. 116, sec. 3, p. 318; am. 2022, ch. 94, sec. 29, p. 302; am. 2026, ch. 221, sec. 12, p. 941.]
An applicant for licensure as a physical therapist or physical therapist assistant shall file an application with the board on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s address, education, evidence of graduation from a nationally accredited school of physical therapy or nationally accredited school for physical therapist assistants with a curriculum acceptable to the board and a detailed summary of any other qualifications deemed relevant to licensure by the board. The application shall also require the disclosure of any criminal conviction or charge against the applicant other than minor traffic infractions, the disclosure of any disciplinary action against the applicant by any professional regulatory agency, including any agency within the state or any other state, and the disclosure of any denial of registration or licensure by any state or district regulatory body. A nonrefundable application fee and payment for the cost of the examination shall accompany the completed written application. Fees shall be established by the administrative rules of the board.
[(54-2207) 54-2206, added 2001, ch. 197, sec. 2, p. 668; am. and redesig. 2006, ch. 116, sec. 4, p. 318.]
An application for licensure that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and be subject to the provisions of that chapter, as well as the administrative rules adopted by the board governing contested cases.
[(54-2208) 54-2207, added 2001, ch. 197, sec. 2, p. 669; am. and redesig. 2006, ch. 116, sec. 5, p. 319.]
(1) The board shall authorize examinations and permit any applicant whose application for licensure has been accepted by the board to take the board approved examinations. The board shall determine the passing score for examinations. Examinations shall test for entry-level competence and requisite knowledge and skills in the technical application of physical therapy services.
(2) An applicant who fails an examination may retake an examination one (1) additional time without reapplication for licensure, provided that the second examination occurs within six (6) months from the notification of the first failure.
(3) The board shall have the authority to prescribe additional course work or clinical work for any applicant who has failed an examination two (2) or more times. An applicant applying for licensure who has failed any board authorized examination two (2) or more times shall reapply and demonstrate to the board’s satisfaction evidence of successful completion of additional clinical training or coursework as determined by the board.
[(54-2209) 54-2208, added 2001, ch. 197, sec. 2, p. 669; am. and redesig. 2006, ch. 116, sec. 6, p. 319.]
To be eligible for licensure as a physical therapist or physical therapist assistant, a person must:
(1) Not have been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(2) Submit a completed written application to the board on forms furnished by the board which shall require proof of graduation from a nationally accredited school, with a curriculum acceptable to the board, for physical therapists or physical therapist assistants, and have completed the application process; and
(3) Have either passed to the satisfaction of the board, an examination authorized by the board to determine his or her fitness to practice as a physical therapist or physical therapist assistant, or be entitled to and apply for licensure by endorsement as provided for in section 54-2211, Idaho Code.
[(54-2210) 54-2209, added 2001, ch. 197, sec. 2, p. 669; am. and redesig. 2006, ch. 116, sec. 7, p. 319; am. 2022, ch. 246, sec. 17, p. 801.]
A person who can show to the satisfaction of the board that he or she has met the qualifications set forth in section 54-2210(1) and (2), Idaho Code, and who, at the time of application, is a licensed or registered physical therapist or physical therapist assistant in good standing under the laws of another state or territory, and who can show to the satisfaction of the board that the person has passed a physical therapist or physical therapist assistant examination which is substantially similar to an examination authorized by the board, as determined by the board, shall be entitled to licensure without examination upon payment to the board of the licensure fee.
[(54-2211) 54-2210, added 2001, ch. 197, sec. 2, p. 669; am. and redesig. 2006, ch. 116, sec. 8, p. 320.]
(1) An applicant for licensure as a physical therapist or physical therapist assistant who has been educated outside of the United States shall:
(a) Not have been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Submit a completed written application to the board on forms furnished by the board which shall require proof of graduation from a school for physical therapists or physical therapist assistants with a curriculum acceptable to the board;
(c) Have his or her education credentials evaluated by a board approved credential evaluation agency and provide satisfactory evidence that his or her education is substantially equivalent to the requirements of physical therapists or physical therapist assistants educated in accredited educational programs as determined by the board. If the board determines that a foreign-educated applicant’s education is not substantially equivalent, it may require successful completion of additional coursework before proceeding with the application process;
(d) Provide written proof that the school of physical therapy education is recognized by its own ministry of education and that such education would qualify the person for a license to practice physical therapy without limitation in that country;
(e) If the applicant has actually practiced as a physical therapist or physical therapist assistant abroad, the applicant shall provide written proof of authorization to practice as a physical therapist without limitation in the country where the professional education occurred;
(f) Provide proof of legal authorization to reside and seek employment in the United States or its territories;
(g) Provide proof of passing scores on standardized English proficiency examinations as approved by the board if English is not the applicant’s native language; and
(h) Have successfully passed competency examinations authorized by the board.
(2) Notwithstanding the provisions of this section, if the foreign-educated physical therapist or physical therapist assistant applicant is a graduate of a professional physical therapy education program accredited by an agency approved by the board, requirements in subsections (1)(c) and (1)(d) of this section shall be waived.
[(54-2212) 54-2211, added 2001, ch. 197, sec. 2, p. 670; am. and redesig. 2006, ch. 116, sec. 9, p. 320; am. 2009, ch. 95, sec. 2, p. 281; am. 2010, ch. 107, sec. 1, p. 218; am. 2022, ch. 246, sec. 18, p. 802.]
In addition to the exemptions provided in section 54-2204, Idaho Code, the following persons shall also be exempt from licensure under this chapter:
(1) A physical therapist while practicing in the United States armed services, United States public health service or veterans administration as based on requirements under federal regulations for state licensure of health care providers.
(2) A person who is pursuing a course of study leading to a degree as a physical therapist or physical therapist assistant in an accredited or board-approved professional education program and is satisfying supervised clinical education requirements related to his or her physical therapy education.
(3) A physical therapist licensed and in good standing in another jurisdiction of the United States or a foreign-educated physical therapist credentialed in another country who performs physical therapy as part of teaching or participating in an educational seminar of no more than sixty (60) days in a calendar year.
(4) A physical therapist licensed and in good standing in another jurisdiction of the United States or credentialed in another country who practices physical therapy in this state on patients or clients participating in organized athletic events or affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year.
[(54-2213) 54-2212, added 2001, ch. 197, sec. 2, p. 670; am. and redesig. 2006, ch. 116, sec. 10, p. 321; am. 2015, ch. 32, sec. 1, p. 70.]
A licensee must renew his license biennially as provided in section 67-2614, Idaho Code, and may reinstate his license within five (5) years after expiration as provided in section 67-2614, Idaho Code.
[(54-2215) 54-2214, added 2001, ch. 197, sec. 2, p. 671; am. 2005, ch. 184, sec. 2, p. 568; am. and redesig. 2006, ch. 116, sec. 12, p. 321; am. 2016, ch. 117, sec. 2, p. 329; am. 2024, ch. 86, sec. 19, p. 404.]
(1) A physical therapist or physical therapist assistant duly licensed in accordance with this chapter is authorized to practice physical therapy as defined in this chapter.
(2) A physical therapist shall refer persons under his or her care to appropriate health care practitioners including, but not limited to, licensed medical physicians, osteopathic physicians, podiatrists, dentists or chiropractic physicians, if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of physical therapy or when the physical therapist has reasonable cause to believe that physical therapy is contraindicated.
(3) Physical therapists and physical therapist assistants shall adhere to the standards of ethics of the physical therapy profession as set forth in the administrative rules adopted by the board.
[(54-2216) 54-2215, added 2001, ch. 197, sec. 2, p. 671; am. and redesig. 2006, ch. 116, sec. 13, p. 322.]
(1) A physical therapist may use the letters "PT" in connection with his or her name or place of business to denote licensure under this chapter.
(2) It is unlawful for any person, or for any business entity, its employees, agents or representatives to use in connection with his or her name, or the name of activity of the business, the words "physical therapy," "physical therapist," "physiotherapist," "registered physical therapist," or "licensed physical therapist," or the letters "PT," "LPT," "RPT," or any other words, abbreviations or insignia indicating or implying directly or indirectly that such person, business entity, its employees, agents or representatives are engaged in the practice of physical therapy, unless such services are provided by or under the direction of a physical therapist licensed in accordance with this chapter.
(3) A physical therapist assistant shall use the letters "PTA" in connection with his or her name to denote licensure under this chapter.
(4) It is unlawful for any person to use the title "physical therapist assistant," "licensed physical therapist assistant," or "registered physical therapist assistant," or the letters "PTA," "RPTA," or "LPTA," or any other words, abbreviations or insignia in connection with his or her name to indicate or imply, directly or indirectly, that he or she is a physical therapist assistant without being licensed in accordance with this chapter as a physical therapist assistant.
[(54-2217) 54-2216, added 2001, ch. 197, sec. 2, p. 671; am. and redesig. 2006, ch. 116, sec. 14, p. 322.]
(1) A licensed physical therapist shall supervise and be responsible for patient care given by physical therapist assistants and supportive personnel. A physical therapist who delegates tasks or procedures that fall within the scope of the practice of physical therapy shall supervise such tasks and procedures in conformance with administrative rules adopted by the board.
(2) A physical therapist shall adhere to the policies and procedures that delineate the functions, responsibilities and supervisory relationships of physical therapist assistants and supportive personnel as established by the board, on the advice and counsel of the committee, in the board’s administrative rules.
[(54-2218) 54-2217, added 2001, ch. 197, sec. 2, p. 672; am. and redesig. 2006, ch. 116, sec. 15, p. 323.]
The following conduct, acts, or conditions shall constitute grounds for disciplinary action:
(1) Violating any provision of this chapter or any administrative rule adopted by the board;
(2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter or failing to meet the standard of physical therapy provided by other qualified physical therapists and physical therapist assistants in the same or similar communities;
(3) Obtaining or attempting to obtain a license by fraud, misrepresentation or omission;
(4) Engaging in the performance of substandard care by a physical therapist due to an intentional, negligent, or reckless act or failure to act;
(5) Engaging in the performance of substandard care by a physical therapist assistant, due to an intentional, negligent, or reckless act or failure to act, or performing tasks not selected or delegated by the supervising licensed physical therapist;
(6) Inadequate supervising by a physical therapist of a physical therapist assistant and/or supportive personnel, or inadequate supervising by a physical therapist assistant of supportive personnel in accordance with this chapter and the administrative rules adopted by the board;
(7) Having been convicted of a felony or being convicted of any crime that has a bearing on any practice pursuant to this chapter in the courts of this state or any other state, territory or country. Conviction, as used in this subsection (7), shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;
(8) Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances or other drugs, chemicals or alcohol;
(9) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failure to divulge such information when requested by the board;
(10) Committing any act of sexual contact, misconduct, exploitation or intercourse with a patient or former patient or related to the licensee’s practice of physical therapy as a physical therapist or physical therapist assistant, provided:
(a) Consent of the patient shall not be a defense;
(b) This subsection (10) shall not apply to sexual contact between a physical therapist or physical therapist assistant and the physical therapist’s or physical therapist assistant’s spouse or a person in a domestic relationship who is also a patient;
(c) A former patient means a patient for whom the physical therapist or physical therapist assistant has provided physical therapy services within the last twelve (12) months; and
(d) Sexual or romantic relationships with former patients beyond the period of time set forth herein may also be a violation if the physical therapist or physical therapist assistant uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the patient;
(11) Directly or indirectly requesting, receiving or participating in the dividing, transferring or assigning, of any referral fee from any health care professional licensed or regulated by the state of Idaho, or any other third party, or profiting by means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this paragraph prohibits the members, owners, shareholders or partners of any regularly and properly organized business entity recognized by the laws of the state of Idaho and comprised of physical therapists from dividing fees received for professional services amongst themselves;
(12) Failing to adhere to the recognized standards of ethics of the physical therapy profession as published in the administrative rules adopted by the board;
(13) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession, or in the application process;
(14) Having been adjudged mentally incompetent by a court of competent jurisdiction;
(15) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;
(16) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;
(17) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;
(18) Failing to maintain patient confidentiality unless otherwise required by law;
(19) Failing to maintain adequate records. For purposes of this subsection (19), "adequate patient records" means legible records that contain, at a minimum, an evaluation of objective findings, the plan of care, and the treatment record;
(20) Promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;
(21) Providing treatment intervention unwarranted by the condition of the patient;
(22) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final;
(23) Failing to meet continuing education requirements as established by the board.
[(54-2219) 54-2218, added 2001, ch. 197, sec. 2, p. 672; am. and redesig. 2006, ch. 116, sec. 16, p. 323.]
(1) The board shall regulate the practice of physical therapy in the state of Idaho. The board is authorized to institute any investigation, hearing or other legal proceeding necessary to effect compliance with this chapter.
(2) The board or its hearing officer, upon a finding that action is necessary, shall have the power pursuant to this chapter to administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the board, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho, where such witness resides or may be found which shall be served and returned. The board may require a licensee to be examined to determine his or her mental or physical competence when the board has probable cause to believe the licensee is suffering from an impairment that might impede his or her ability to practice competently.
(3) When it is brought to the attention of the board by the written statement of any person that a person licensed under this chapter has done any act or thing in violation of any provision of this chapter, the board shall immediately make an investigation of such person and, if the board finds that there is probable cause to institute proceedings against such person, it shall without unnecessary delay transmit to that person by mail a copy of the charges and shall fix a day for a hearing upon the matter. Said hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and with the administrative rules adopted by the board.
(4) An assessment for costs and attorney’s fees incurred in the investigation and prosecution or defense of a person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
(5) The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of physical therapy. If an investigation indicates that a person may be practicing physical therapy unlawfully, the board shall inform the person of the alleged violation. The board may refer the matter for prosecution whether or not the person ceases the unlawful practice of physical therapy.
(6) The board may, in the name of the people of the state of Idaho, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided for in this chapter.
[(54-2220) 54-2219, added 2001, ch. 197, sec. 2, p. 674; am. 2005, ch. 185, sec. 3, p. 571; am. and redesig. 2006, ch. 116, sec. 17, p. 325; am. 2018, ch. 348, sec. 14, p. 812.]
The board may, upon proof that a person has violated any provision contained in this chapter, take the following disciplinary actions singly or in combination:
(1) Issue a censure or reprimand by informal admonition for minor misconduct found by the board, which censure or reprimand shall be subject to disclosure according to chapter 1, title 74, Idaho Code;
(2) Impose restrictions and/or conditions as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served. The board may require a licensee to report regularly to the board on matters regarding the restricted license;
(3) Suspend a license, the duration of which shall be determined by the board;
(4) Revoke a license;
(5) Refuse to issue or renew a license;
(6) Impose a reasonable fine for violation of this chapter in an amount not to exceed a maximum amount as set forth in the administrative rules adopted by the board;
(7) Accept a voluntary surrender of a license;
(8) Assess costs and attorney’s fees against a licensee for any investigation and/or administrative proceeding, pursuant to the provisions of section 12-117(5), Idaho Code.
[(54-2221) 54-2220, added 2001, ch. 197, sec. 2, p. 675; am. and redesig. 2006, ch. 116, sec. 18, p. 326; am. 2015, ch. 141, sec. 146, p. 493; am. 2018, ch. 348, sec. 15, p. 813.]
Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a certificate of licensure, issuing a censure, imposing any restriction upon a license, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[(54-2222) 54-2221, added 2001, ch. 197, sec. 2, p. 675; am. and redesig. 2006, ch. 116, sec. 19, p. 326.]
(1) It shall be unlawful for any person to practice or offer to practice physical therapy in this state, or to use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is a physical therapist or a physical therapist assistant, unless such person has been licensed under the provisions of this chapter.
(2) It shall be unlawful for any person to aid, abet, or require another person, licensed or unlicensed, to directly or indirectly violate or evade any provision of this chapter, or to combine or conspire with another person, or permit one’s license to be used by another person, or act as an agent, partner, associate, or otherwise, of another person with the intent to violate or evade the provisions of this chapter.
(3) A violation of the provisions of this chapter shall constitute a misdemeanor, and any person convicted thereof shall be fined an amount not to exceed one thousand dollars ($1,000). A second conviction for a violation of any provision of this chapter shall also constitute a misdemeanor, and a person convicted of a second violation of this chapter shall be imprisoned in a county jail for a period not to exceed six (6) months, or shall be fined an amount not to exceed five thousand dollars ($5,000), or shall be punished by both such fine and imprisonment. Any third or more conviction for a violation of any provision of this chapter shall constitute a felony, and a person convicted of a third or more violation of this chapter shall be imprisoned in the state prison for a period not to exceed three (3) years, or shall be fined an amount not to exceed ten thousand dollars ($10,000), or shall be punished by both such fine and imprisonment.
[(54-2223) 54-2222, added 2001, ch. 197, sec. 2, p. 675; am. and redesig. 2006, ch. 116, sec. 20, p. 327.]
All moneys received pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All expenses incurred pursuant to the provisions of this chapter shall be paid from the occupational licenses fund.
[54-2224, added 2006, ch. 116, sec. 21, p. 327.]
(1) A physical therapist may perform dry needling, as defined in section 54-2203, Idaho Code, if the physical therapist has successfully completed minimum education and training requirements from a course in dry needling as determined and approved by the board.
(2) The board shall have the power to promulgate rules that are necessary to carry out the provisions of this section.
[54-2225, added 2018, ch. 204, sec. 1, p. 455; am. 2020, ch. 47, sec. 1, p. 113.]
The practice of psychology in the state of Idaho is hereby declared to affect the public health, safety and welfare, and to be subject to regulation and control in the public interest to protect the public from unprofessional, improper, unauthorized and unqualified practice of psychology, and from unprofessional conduct by persons licensed to practice psychology. This act should be liberally construed to carry out these objects and purposes.
[54-2301, added 1963, ch. 186, sec. 1, p. 549.]
Within the meaning of this chapter the following definitions apply:
(1) "Department" means the department of self-governing agencies of the state of Idaho.
(2) "Board" means the Idaho state board of psychologist examiners.
(3) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(4) "Licensed medical provider" means a physician or physician assistant licensed pursuant to chapter 18, title 54, Idaho Code, or an advanced practice registered nurse licensed pursuant to chapter 14, title 54, Idaho Code.
(5) "Person" means a human individual.
(6) "Psychological services" means any services to which the words "psychological," "psychologist" or "psychology" are applied by the person rendering or offering to render them or to the "practice of psychology" as defined in subsection (7) of this section.
(7) "Practice of psychology" means the application of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of personnel evaluation, group relations, and behavior adjustment. The application of said principles includes, but is not restricted to, counseling and the use of psychotherapeutic measures with persons or groups to eliminate symptomatic, maladaptive or undesired behavior so as to enhance interpersonal relationships in the areas of work, family, school, and personal relationships; measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes, and skills; diagnosing and treating mental and emotional disorders or disabilities; and doing research on problems relating to human behavior.
(8) A person represents himself to be a psychologist when he holds himself out to the public by any title or description incorporating the words "psychological," "psychologist" or "psychology" or offers to render or renders psychological services for remuneration.
(9) "Service extender" means a person who has earned a doctoral degree in psychology or a master’s degree in a mental health field and is permitted to provide psychological services under the supervision of a licensed psychologist.
(10) "Temporary permit" means a document issued by the board to a psychologist licensed in another state authorizing the individual to practice psychology in Idaho for a limited period as set forth in this chapter and rules of the board.
[54-2302, added 1963, ch. 186, sec. 2, p. 549; am. 1974, ch. 13, sec. 158, p. 138; am. 1987, ch. 147, sec. 1, p. 292; am. 2009, ch. 33, sec. 1, p. 90; am. 2017, ch. 238, sec. 1, p. 585; am. 2022, ch. 94, sec. 30, p. 302; am. 2022, ch. 262, sec. 1, p. 840.]
(1) It shall be unlawful for any person to practice or to offer to practice psychology, or to represent himself to be a psychologist, unless he shall first obtain a license pursuant to this chapter, except as hereinafter provided.
(2) Nothing in this chapter shall be construed to limit the activities, and use of an official title on the part of a person in the employ of a federal, state, county, or municipal agency, or other political subdivision, insofar as such activities or services are a part of the duties in his salaried position, and insofar as such activities or services are performed solely on behalf of his employer.
(3) Nothing in this chapter shall be construed to limit the activities and services of an undergraduate student or intern pursuing a course of study approved by the board as qualifying training and experience for psychologists, provided that such activities and services constitute a part of his supervised course of study, and he is designated by such titles as "psychology intern," "psychology trainee," or other title clearly indicating such training status. Nothing in this chapter shall be construed to limit the activities of a person employed by a duly chartered educational institution solely as an administrator, teacher, or researcher or combination thereof in the discharge of those duties.
(4) Nothing in this chapter shall be construed to prevent unlicensed persons from providing certain services under the direct supervision and control of licensed psychologists, under such rules as may be established by the board. Such services may include but are not limited to test administration, shadowing, co-conducting therapy, and brief interventions in the presence of other health care professionals.
(5) Nothing in this chapter shall be construed to prevent qualified members of other professions licensed or registered by the state of Idaho from doing work of a psychological nature consistent with their training and consistent with the code of ethics of their respective professions.
[54-2303, added 1963, ch. 186, sec. 3, p. 549; am. 1984, ch. 141, sec. 1, p. 330; am. 2004, ch. 323, sec. 1, p. 906; am. 2009, ch. 33, sec. 2, p. 90; am. 2022, ch. 262, sec. 2, p. 841.]
There is hereby created in the division of occupational and professional licenses an Idaho state board of psychologist examiners as follows:
(1) Said board shall consist of four (4) licensed psychologist members and one (1) public member who is not a practitioner or spouse of a practitioner in any health care field and who is not a convicted felon and who has not been an applicant for licensure as a psychologist, who are citizens of the United States, residents of the state of Idaho, and appointed by the governor for four (4) year terms. The psychologist members’ terms shall be staggered such that only one (1) term expires June 30 of each year.
(2) Each psychologist board member shall be licensed under this chapter.
(3) When the term of each psychologist member of the board ends, the governor shall appoint his successor for a term of four (4) years. The governor may consider recommendations for appointment to the board from the Idaho psychological association and from any individual residing in this state. Any vacancy occurring on the board shall be filled by the governor by appointment for the unexpired term. Board members shall serve at the pleasure of the governor.
(4) At all times, the board shall have at least one (1) member who is engaged primarily in rendering services in psychology and at least one (1) member who is engaged primarily in teaching, training, or research in psychology.
(5) No board member shall serve more than two (2) consecutive terms.
(6) Each board member shall be compensated as provided by section 59-509(n), Idaho Code.
(7) The board shall annually in the month of July, hold a meeting, and elect a chairman and vice chairman. The board shall meet at such other times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Reasonable notice of all meetings shall be given as required by law. A majority of the board shall constitute a quorum at any meeting or hearing.
[54-2304, added 1963, ch. 186, sec. 4, p. 549; am. 1965, ch. 201, sec. 7, p. 446; am. 1969, ch. 464, sec. 17, p. 1304; am. 1974, ch. 13, sec. 159, p. 138; am. 1980, ch. 247, sec. 69, p. 637; am. 1982, ch. 145, sec. 1, p. 406; am. 1990, ch. 68, sec. 1, p. 150; am. 1996, ch. 66, sec. 6, p. 203; am. 1999, ch. 150, sec. 1, p. 421; am. 2009, ch. 33, sec. 3, p. 91; am. 2016, ch. 340, sec. 28, p. 949; am. 2021, ch. 222, sec. 21, p. 636.]
The board of psychologist examiners shall have the following powers:
(1) To pass upon the qualifications and fitness of applicants for licenses, reciprocal licenses, certification and provisional certification of prescriptive authority; and, at its option, to adopt and revise rules requiring applicants to pass examinations relating to their qualifications as a prerequisite to the issuance of licenses.
(2) To adopt and, from time to time, revise such rules, subject to legislative approval, as may be necessary to carry into effect the provisions of this chapter. Such rules shall include, but need not be limited to, a code of ethics for psychologists in the state consistent with the current ethical standards for psychologists of the American psychological association and the educational and professional qualifications of applicants for licensing under this chapter.
(3) To examine for, deny, approve, issue, revoke, suspend and renew the licenses, permits, and certifications of psychologists, service extenders, and psychologist applicants pursuant to this chapter, and to conduct hearings in connection therewith.
(4) To review investigations upon complaints concerning violations of the provisions of, and the rules adopted pursuant to, this chapter and cause the prosecution and enjoinder of all such violations.
(5) To adopt a rule requiring continuing education as a condition of continued licensure and certification.
(6) To adopt rules allowing for a temporary permit to individuals licensed as psychologists in another state authorizing such individuals to practice psychology in Idaho for a period not to exceed thirty (30) days pursuant to such terms and requirements as set forth in the rules.
(7) To establish by rule an inactive license status.
(8) To establish by rule the standards and requirements for the use of communication technology in the practice of psychology, including supervision.
(9) To establish by rule certification and provisional certification of prescriptive authority pursuant to sections 54-2316 through 54-2319, Idaho Code.
(10) To establish by rule a limited formulary or formularies for prescribing use by holders of certification and provisional certification of prescriptive authority.
(11) To establish by rule the permitting of service extenders.
[54-2305, added 1963, ch. 186, sec. 5, p. 549; am. 1974, ch. 13, sec. 160, p. 138; am. 1984, ch. 141, sec. 2, p. 331; am. 1987, ch. 147, sec. 2, p. 293; am. 1993, ch. 216, sec. 80, p. 656; am. 2009, ch. 33, sec. 4, p. 92; am. 2013, ch. 13, sec. 1, p. 23; am. 2017, ch. 238, sec. 2, p. 586; am. 2022, ch. 94, sec. 31, p. 303; am. 2022, ch. 262, sec. 3, p. 842; am. 2026, ch. 221, sec. 13, p. 942.]
An applicant shall be qualified for a license to practice psychology provided proof satisfactory to the board has been received showing:
(1) That the applicant has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(2) Either one of the following:
(a) Graduation from an accredited college or university with a doctoral degree in psychology and two (2) years of supervised experience acceptable to the board, one (1) year of which may include a predoctoral practicum or internship and one (1) of which must be postdoctoral; or
(b) Graduation from an accredited college or university with a doctoral degree in a field related to psychology, provided experience and training are acceptable to the board; and
(3) Successful passage of an examination if such examination is required by the rules duly adopted by the board; and
(4) Receipt of a completed application accompanied by an application fee as established by board rules not to exceed three hundred dollars ($300), and when an examination is required a processing fee of twenty-five dollars ($25.00) payable to the division of occupational and professional licenses. The fee for any required examination or reexamination shall be submitted directly to the national examining entity. The application fee and the processing fee are not refundable.
[54-2307, added 1963, ch. 186, sec. 7, p. 549; am. 1969, ch. 464, sec. 18, p. 1304; am. 1975, ch. 27, sec. 1, p. 42; am. 1982, ch. 145, sec. 2, p. 407; am. 1994, ch. 16, sec. 1, p. 31; am. 2003, ch. 120, sec. 1, p. 368; am. 2009, ch. 33, sec. 6, p. 93; am. 2022, ch. 94, sec. 32, p. 304; am. 2022, ch. 246, sec. 19, p. 802.]
No license or permit may be issued, and a license or permit previously issued may be revoked, suspended, restricted, or otherwise disciplined if the person applying, or the person licensed or permitted, is:
(1) Found guilty by a court of competent jurisdiction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Found by the board to be a repeated and excessive abuser of a controlled substance;
(3) Found by the board to be a repeated and excessive abuser of alcohol;
(4) Found by the board to be in violation of any provision of this chapter or any of the rules adopted pursuant to this chapter; or
(5) Found by the board to have been unethical as detailed by the current, and future amended, ethical standards of the American psychological association.
[54-2309, added 1963, ch. 186, sec. 9, p. 549; am. 1974, ch. 13, sec. 161, p. 138; am. 1984, ch. 141, sec. 3, p. 332; am. 2004, ch. 109, sec. 1, p. 383; am. 2009, ch. 33, sec. 7, p. 93; am. 2022, ch. 262, sec. 4, p. 843.]
Any person who shall practice or attempt to offer to practice psychology, as defined in this act, without having at the time of so doing a valid, unexpired, unrevoked, and unsuspended license issued under this act shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months or both for each violation.
[54-2310, added 1963, ch. 186, sec. 10, p. 549; am. 1984, ch. 141, sec. 4, p. 332.]
It shall be the duty of the several prosecuting attorneys to prosecute all violations of this act in their respective counties.
[54-2311, added 1963, ch. 186, sec. 11, p. 549.]
The board may recommend the granting of a license to any person who is licensed or certified by a regulatory board of psychologists in the United States or Canada where such certification or licensure was based on a doctoral degree and who:
(1) Submits a complete application, including the application fee and a license fee not to exceed three hundred dollars ($300) as established by board rule;
(2) Has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(3) Has not had a certification or license revoked, suspended or otherwise sanctioned; and
(4) Has certified under oath that they have reviewed and will abide by the laws and rules governing the practice of psychology in Idaho and the code of ethics of the American psychological association and either:
(a) Holds a current certificate of professional qualification in psychology or holds a certificate of professional standing issued by a national credentialing entity approved by the board by rule; or
(b) Meets the requirements of section 54-2307(2), Idaho Code, and board rules relating to endorsement and educational and credentialing requirements for licensure.
[54-2312, added 1963, ch. 186, sec. 12, p. 549; am. 1969, ch. 464, sec. 19, p. 1304; am. 1976, ch. 166, sec. 19, p. 613; am. 2001, ch. 81, sec. 1, p. 203; am. 2009, ch. 33, sec. 8, p. 93; am. 2022, ch. 246, sec. 20, p. 803.]
The board may grant a license to any person who submits a completed application, including the application fee and a license fee not to exceed three hundred dollars ($300) as established by board rule, and who:
(1) Has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Has maintained a valid psychology license based on a doctoral degree in the United States or Canada for a period of not less than twenty (20) years;
(3) Has a documented record of psychology practice for five (5) of the last seven (7) years immediately prior to the date of application;
(4) Has a documented record of meeting the continuing education requirement of the jurisdiction where they practiced for not less than five (5) calendar years immediately prior to the date of application;
(5) Has not been the subject of any disciplinary action within the last seven (7) years prior to application or has never voluntarily surrendered a license to practice psychology in any jurisdiction; and
(6) Has certified under oath that he has reviewed and will abide by the laws and rules governing the practice of psychology in Idaho and the code of ethics of the American psychological association.
[54-2312A, added 2001, ch. 81, sec. 2, p. 204; am. 2009, ch. 33, sec. 9, p. 94; am. 2022, ch. 246, sec. 21, p. 803.]
Nothing herein shall be construed as authorizing any person licensed as a psychologist to engage in any manner in the practice of medicine as defined in the laws of this state. A psychologist who engages in psychotherapy shall make provision for the diagnosis and treatment of medical conditions in collaboration with a physician licensed pursuant to title 54, chapter 18, Idaho Code. A psychologist shall not diagnose, prescribe for or treat a client with reference to a medical condition.
[54-2313, added 1963, ch. 186, sec. 13, p. 549; am. 1987, ch. 147, sec. 4, p. 294.]
A person licensed as a psychologist under the provisions of this act cannot, without the written consent of his client, be examined in a civil or criminal action as to any information acquired in the course of his professional services in behalf of the client. The confidential relations and communications between a psychologist and his client are on the same basis as those provided by law between an attorney and client, and nothing in this article shall be construed to require any such privileged communication to be disclosed.
[54-2314, added 1963, ch. 186, sec. 14, p. 549.]
This chapter shall be administered by the division of occupational and professional licenses. The fee for renewal of license shall be a fee as established by board rule not to exceed eight hundred dollars ($800). All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-2315, added 1963, ch. 186, sec. 16, p. 549; am. 1965, ch. 164, sec. 9, p. 317; am. 1969, ch. 464, sec. 20, p. 1304; am. 1974, ch. 13, sec. 162, p. 138; am. 1976, ch. 166, sec. 20, p. 613; am. 1982, ch. 145, sec. 3, p. 407; am. 1987, ch. 147, sec. 3, p. 294; am. 1999, ch. 150, sec. 3, p. 422; am. 2003, ch. 21, sec. 11, p. 84; am. 2006, ch. 52, sec. 1, p. 163; am. 2009, ch. 33, sec. 10, p. 94; am. 2022, ch. 94, sec. 33, p. 305; am. 2024, ch. 86, sec. 20, p. 404.]
(1) No psychologist licensed under this chapter shall issue a prescription without valid certification or provisional certification of prescriptive authority issued pursuant to section 54-2317, 54-2318 or 54-2319, Idaho Code.
(2) Psychologists licensed under this chapter who hold a certification or a provisional certification of prescriptive authority shall prescribe only those drugs or controlled substances that are:
(a) Recognized in or customarily used in the diagnosis, treatment and management of individuals with psychiatric, mental, cognitive, nervous, emotional or behavioral disorders;
(b) Relevant to the practice of psychology or other procedures directly related thereto; and
(c) Within the scope of the psychologist’s license and certification of prescriptive authority.
(3) A psychologist who holds provisional certification of prescriptive authority may prescribe only under the direct supervision of a supervising physician who meets the requirements of section 54-2317(6), Idaho Code.
(4) A psychologist who issues a prescription to a patient pursuant to this section shall collaborate with the patient’s licensed medical provider.
(5) All prescriptions issued pursuant to this section shall comply with all applicable federal and state laws, rules and regulations and rules of the board.
(6) No psychologist may prescribe for a pediatric or geriatric patient without meeting all requirements of this chapter, including the provisions of section 57-2318(2), Idaho Code.
(7) No person licensed under this chapter shall accept any payment, directly or indirectly:
(a) From any person licensed as a health care provider under title 54, Idaho Code, whose license does not permit the writing of prescriptions, for writing a prescription or dispensing a prescription drug to a patient;
(b) From any person who holds himself or herself out as a health care provider in any form who is not licensed under title 54, Idaho Code; or
(c) From any business or professional entity regardless of the form of its organization, for writing a prescription or dispensing a prescription drug to a patient unless such entity is authorized to conduct business under chapter 17, title 54, Idaho Code, or licensed as a licensed health care provider or health care facility or is otherwise approved by the board.
(8) The restriction contained in subsection (7) of this section shall not prevent a person licensed under this chapter from accepting payment from any such person who is a patient, or for services provided to a patient or to someone the patient is legally obligated to support or from any insurer or other entity authorized under the laws of this state to provide insurance or pay benefits on behalf of a self-insured plan or government program.
[54-2316, added 2017, ch. 238, sec. 3, p. 587.]
To qualify for provisional certification of prescriptive authority, a psychologist licensed under this chapter shall meet such standards as prescribed by rule of the board. At a minimum, these standards shall include:
(1) A current license to practice psychology in Idaho;
(2) A doctorate degree in psychology awarded by an accredited program within a United States department of education-approved, regionally accredited institution of higher education;
(3) A master’s degree in clinical psychopharmacology awarded by an accredited program within a United States department of education-approved, regionally accredited institution of higher education. The didactic portion of the education shall be at least two (2) years of full-time education, or the equivalent thereof, and shall be substantially equivalent to the education required of an advanced practice psychiatric nurse practitioner in this state as determined by the institution that offers both clinical psychopharmacology and psychiatric nurse practitioner degrees. The necessary prerequisites for the education shall be determined by the institution that offers the degrees and, in the institution’s judgment, shall include sufficient biomedical education to ensure the necessary knowledge and skills to prescribe psychotropic medications in a safe and effective manner. The program shall satisfy the requirements to become designated a post-doctoral education and training program in clinical psychopharmacology by the American psychological association. The program must be established and administered by biomedically trained educators and must demonstrate that all content is covered and that students achieve clinical competency in all areas, and shall include at a minimum:
(a) Basic science:
(i) Anatomy;
(ii) Physiology;
(iii) Biochemistry;
(b) Neurosciences:
(i) Neuroanatomy;
(ii) Neurophysiology;
(iii) Neurochemistry;
(c) Physical assessments and laboratory exams:
(i) Physical assessment;
(ii) Laboratory and radiological assessment;
(iii) Medical terminology and documentation;
(d) Clinical medicine and pathophysiology:
(i) Pathophysiology with particular emphasis on cardiac, renal, hepatic, neurologic, gastrointestinal, hematologic, dermatologic and endocrine systems;
(ii) Clinical medicine with particular emphasis on signs, symptoms and treatment of disease states with behavioral, cognitive and emotional manifestations or comorbidities;
(iii) Differential diagnosis;
(iv) Clinical correlations — the illustration of the content of this domain through case study;
(v) Substance-related and co-occurring disorders;
(vi) Chronic pain management;
(e) Clinical and research pharmacology and psychopharmacology:
(i) Pharmacology;
(ii) Clinical pharmacology;
(iii) Pharmacogenetics;
(iv) Psychopharmacology;
(v) Developmental psychopharmacology;
(vi) Issues of diversity in pharmacological practice — lifespan related to drug metabolism;
(f) Clinical pharmacotherapeutics:
(i) Combined therapies — psychotherapy/pharmacotherapy interactions;
(ii) Computer-based aids to practice;
(iii) Pharmacoepidemiology;
(g) Research:
(i) Methodology and design of psychopharmacology research;
(ii) Interpretation and evaluation of research;
(iii) Federal food and drug administration drug development and regulatory processes; and
(h) Professional, ethical, and legal issues:
(i) Application of existing law, standards and guidelines to pharmacological practice; and
(ii) Relationship with pharmaceutical industry:
Conflicts of interest;
Evaluation of pharmaceutical marketing practices; and
Critical consumer;
(4) Clinical experience that is sufficient to attain competency in the psychopharmacological treatment of a diverse patient population under the direction of qualified practitioners including, but not limited to, licensed physicians and prescribing psychologists as determined by the institution offering the clinical psychopharmacology degree;
(5) A passing score on an examination developed by a nationally recognized body and approved by the board; and
(6) Supervision agreements with board-certified psychiatrists, neurologists, family medicine physicians, or other physicians with a minimum of two (2) years of experience in the management of psychotropic medication who are licensed under chapter 18, title 54, Idaho Code, or an equivalent licensing provision of the law of an adjoining state.
[54-2317, added 2017, ch. 238, sec. 4, p. 588; am. 2020, ch. 263, sec. 1, p. 761.]
(1) An applicant for certification of prescriptive authority may be granted such certification by the board if the applicant possesses provisional certification of prescriptive authority and has successfully completed two (2) years of satisfactory prescribing as attested to by the supervising physician or physicians.
(2) An applicant for certification of prescriptive authority who seeks to prescribe for pediatric or geriatric patients shall have completed at least one (1) year of satisfactory prescribing to such patient populations as attested to by a supervising physician or supervising physicians with specialized training and experience in treating such patient populations.
(3) The board shall develop rules to effect the purposes of sections 54-2316 through 54-2319, Idaho Code. Such rules shall include educational and training standards necessary to qualify for certification of prescriptive authority, application and testing procedures, and fees for an application, provisional certification, certification, and renewal of certification. Such fees shall not exceed six hundred dollars ($600) each.
[54-2318, added 2017, ch. 238, sec. 5, p. 589; am. 2024, ch. 86, sec. 21, p. 404.]
An applicant who has a current and unrestricted license to practice psychology and a current and unrestricted certification of prescriptive authority from another state, or training from the United States department of defense demonstration project or other similar program developed and operated by any branch of the armed forces that imposes substantially equivalent educational and training requirements as those contained in this chapter and required by the board, upon payment of the required fees, compliance with section 54-2317(1), Idaho Code, and the approval of the application, may be certified by endorsement pursuant to this chapter. The board may consider an applicant’s experience in prescribing in another state as meeting a portion of the requirements necessary to obtain provisional certification or certification under this chapter, but also shall require additional education and supervision if the board deems it necessary to meet the educational and training requirements imposed by this chapter.
[54-2319, added 2017, ch. 238, sec. 6, p. 590.]
The board shall establish an advisory panel to review and advise the board on proposed prescriptive rules and other regulations governing the prescriptive authority for psychologists, including any formulary or limited formulary, and also including the sufficiency of education and training for an applicant seeking certification by endorsement. If requested by the board, the panel may be consulted on complaints against psychologists with prescriptive authority. The panel shall consist of a psychiatrist and a pediatric psychiatrist or a pediatrician recommended by the Idaho state board of medicine, a pharmacist holding a doctoral-level degree recommended by the Idaho state board of pharmacy, and two (2) psychologists licensed in Idaho. The board shall not promulgate rules governing prescriptive authority, governing collaboration or supervision of prescribing psychologists, establishing a formulary or establishing standards for granting certification by endorsement, unless the rules first have been approved by a majority vote of the advisory panel.
[54-2320, added 2017, ch. 238, sec. 7, p. 590.]
The terms and conditions of the psychology interjurisdictional compact are hereby enacted as follows:
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
ARTICLE I
PURPOSE
Whereas, states license psychologists in order to protect the public through verification of education, training, and experience and to ensure accountability for professional practice;
Whereas, this compact is intended to regulate the day-to-day practice of telepsychology (i.e., the provision of psychological services using telecommunications technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of this compact, to psychologists licensed in another state;
Whereas, this compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;
Whereas, this compact does not apply when a psychologist is licensed in both the home state and receiving states; and
Whereas, although this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;
Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety;
Encourage the cooperation of compact states in the areas of psychology licensure and regulation;
Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;
Promote compliance with the laws governing psychological practice in each compact state; and
Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
ARTICLE II
DEFINITIONS
A. "Adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
B. "Association of state and provincial psychology boards" or "ASPPB" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
C. "Authority to practice interjurisdictional telepsychology" means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
D. "Bylaws" means those bylaws established by the psychology interjurisdictional compact commission pursuant to article X of this compact for its governance or for directing and controlling its actions and conduct.
E. "Client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.
F. "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to article X of this compact.
G. "Compact state" means a state, the District of Columbia, or a United States territory that has enacted this compact legislation and that has not withdrawn pursuant to article XIII, subsection C of this compact or been terminated pursuant to article XII, subsection B of this compact.
H. "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes.
I. "Coordinated licensure information system" or "coordinated database" means an integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which process is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
J. "Day" means any part of a day in which psychological work is performed.
K. "Distant state" means the compact state where a psychologist is physically present (not through the use of telecommunications technologies) to provide temporary in-person, face-to-face psychological services.
L. "E.Passport" means a certificate issued by the ASPPB that promotes standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
M. "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
N. "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one (1) compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one (1) compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
O. "Identity history summary" means a summary of information retained by the federal bureau of investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
P. "In-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and does not include interactions that may occur through the use of telecommunications technologies.
Q. "Interjurisdictional practice certificate" or "IPC" means a certificate issued by the ASPPB that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one’s qualifications for such practice.
R. "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without such authorization.
S. "Non-compact state" means any state that is not at a given time a compact state.
T. "Psychologist" means an individual licensed for the independent practice of psychology.
U. "Psychology interjurisdictional compact commission" or "commission" means the national administration of which all compact states are members.
V. "Receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered.
W. "Rule" means a written statement by the psychology interjurisdictional compact commission promulgated pursuant to article XI of this compact that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact; or that is an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.
X. "Significant investigatory information" means:
Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code and would be considered more substantial than a minor infraction; or
Investigative information that indicates the psychologist represents an immediate threat to public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.
Y. "State" means a state, commonwealth, territory, or possession of the United States, and includes the District of Columbia.
Z. "State psychology regulatory authority" means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.
AA. "Telepsychology" means the provision of psychological services using telecommunications technologies.
BB. "Temporary authorization to practice" means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.
CC. "Temporary in-person, face-to-face practice" means a psychologist is physically present (not through the use of telecommunications technologies) in the distant state to provide psychological services for thirty (30) days within a calendar year and is based on notification to the distant state.
ARTICLE III
HOME STATE LICENSURE
A. The home state shall be a compact state where a psychologist is licensed to practice psychology.
B. A psychologist may hold more than one (1) compact state license at a time. If the psychologist is licensed in more than one (1) compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.
E. A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
Currently requires the psychologist to hold an active E.Passport;
Has a mechanism in place for receiving and investigating complaints about licensed individuals;
Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, no later than ten (10) years after activation of the compact; and
Complies with the bylaws and rules of the commission.
F. A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
Currently requires the psychologist to hold an active IPC;
Has a mechanism in place for receiving and investigating complaints about licensed individuals;
Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, no later than ten (10) years after activation of the compact; and
Complies with the bylaws and rules of the commission.
ARTICLE IV
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
A. Compact states shall recognize the right of a psychologist licensed in a compact state, in conformance with article III of this compact, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in this compact.
B. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
a. Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
b. A foreign college or university deemed to be equivalent to subparagraph a. of this paragraph by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service; and
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master’s degrees; and
j. The program includes an acceptable residency as defined by the rules of the commission;
Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;
Have no history of adverse action that violates the rules of the commission;
Have no criminal record history reported on an identity history summary that violates the rules of the commission;
Possess a current, active E.Passport;
Provide attestations in regard to areas of intended practice, conformity with standards of practice, and competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and
Meet other criteria as defined by the rules of the commission.
C. The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
D. A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.
E. If a psychologist’s license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended, or otherwise limited, the E.Passport shall be revoked, and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
ARTICLE V
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
A. Compact states shall recognize the right of a psychologist licensed in a compact state in conformance with article III of this compact, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed as provided in this compact.
B. To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
a. Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
b. A foreign college or university deemed to be equivalent to subparagraph a. of this paragraph by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service; and
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) academic year of full-time graduate study for master’s degrees; and
j. The program includes an acceptable residency as defined by the rules of the commission;
Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;
No history of adverse action that violates the rules of the commission;
No criminal record history that violates the rules of the commission;
Possess a current, active IPC;
Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and
Meet other criteria as defined by the rules of the commission.
C. A psychologist practicing into a distant state under the temporary authorization to practice shall do so within the scope of practice authorized by the distant state.
D. A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.
E. If a psychologist’s license in any home state, another compact state, or any temporary authorization to practice in any distant state is restricted, suspended, or otherwise limited, the IPC shall be revoked, and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
ARTICLE VI
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:
The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or
Other conditions regarding telepsychology as determined by rules promulgated by the commission.
ARTICLE VII
ADVERSE ACTIONS
A. A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.
B. A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
C. If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.
All home state disciplinary orders that impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
Other actions may be imposed as determined by the rules promulgated by the commission.
D. A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
E. A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.
F. Nothing in this compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
G. No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection C of this article.
ARTICLE VIII
ADDITIONAL AUTHORITIES INVESTED IN A
COMPACT STATE’S PSYCHOLOGY REGULATORY AUTHORITY
A. In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this compact to:
Issue subpoenas, for both hearings and investigations, that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and
Issue cease and desist or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice.
B. During the course of any investigation, a psychologist may not change home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
ARTICLE IX
COORDINATED LICENSURE INFORMATION SYSTEM
A. The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.
B. Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
Identifying information;
Licensure data;
Significant investigatory information;
Adverse actions against a psychologist’s license;
An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
Nonconfidential information related to alternative program participation information;
Any denial of application for licensure and the reasons for such denial; and
Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
C. The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
D. Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
E. Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
ARTICLE X
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION
A. The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission.
The commission is a body politic and an instrumentality of the compact states.
Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
B. Membership, voting, and meetings.
a. Executive director, executive secretary, or similar executive;
b. Current member of the state psychology regulatory authority of a compact state; or
c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.
Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
Each commissioner shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.
The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article XI of this compact.
The commission may convene in a closed nonpublic meeting if the commission must discuss:
a. Noncompliance of a compact state with its obligations under the compact;
b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation against the commission;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
e. Accusation against any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement purposes;
i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal and state statute.
C. The commission shall, by a majority vote of the commissioners, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:
Establishing the fiscal year of the commission;
Providing reasonable standards and procedures for the establishment and meetings of other committees and governing any general or specific delegation of any authority or function of the commission;
Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting, revealing the vote of each commissioner, with no proxy votes allowed;
Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission;
Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and
Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations.
D. The commission shall publish its bylaws in a convenient form and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.
E. The commission shall maintain its financial records in accordance with the bylaws.
F. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
G. The commission shall have the following powers:
To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all compact states;
To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
To purchase and maintain insurance and bonds;
To borrow, accept, or contract for services of personnel, including but not limited to employees of a compact state;
To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
To lease, purchase, and accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
To establish a budget and make expenditures;
To borrow money;
To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
To provide and receive information from, and to cooperate with, law enforcement agencies;
To adopt and use an official seal; and
To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.
H. The executive board.
The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.
The executive board shall be comprised of six (6) members:
a. Five (5) voting members who are elected from the current membership of the commission by the commission;
b. One (1) ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
The ex officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.
The commission may remove any member of the executive board as provided in bylaws.
The executive board shall meet at least annually.
The executive board shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by compact states such as annual dues and any other applicable fees;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
I. Financing of the commission.
The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, the total amount of which must be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding upon all compact states.
The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same or pledge the credit of any of the compact states, except by and with the authority of the compact state.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
J. Qualified immunity, defense, and indemnification.
The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining private counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE XI
RULEMAKING
A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted on, the commission shall file a notice of proposed rulemaking:
On the website of the commission; and
On the website of each compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
The proposed time, date, and location of the meeting in which the rule will be considered and voted on;
The text of the proposed rule or amendment and the reason for the proposed rule;
A request for comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
At least twenty-five (25) persons who submit comments independently of each other;
A governmental subdivision or agency; or
A duly appointed person in an association that has at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.
All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing no less than five (5) business days before the scheduled date of the hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
No transcript of the hearing is required unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This paragraph shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
J. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
K. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
L. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible and in no event later than ninety (90) days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:
Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of commission or compact state funds;
Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
Protect public health and safety.
M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revisions shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE XII
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the commission.
The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
B. Default, technical assistance, and termination.
a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission; and
b. Provide remedial training and specific technical assistance regarding the default.
If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.
A compact state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
The commission shall not bear any costs incurred by the state that are found to be in default or that have been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
The defaulting state may appeal the action of the commission by petitioning the United States district court for the state of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
C. Dispute resolution.
Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact that arise among compact states and between compact and non-compact states.
The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
D. Enforcement.
The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
By majority vote, the commission may initiate legal action in the United States district court for the state of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE XIII
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
A. The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions that become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
B. Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
C. Any compact state may withdraw from this compact by enacting legislation repealing the same.
A compact state’s withdrawal shall not take effect until six (6) months after enactment of the repealing legislation.
Withdrawal shall not affect the continuing requirement of the withdrawing state’s psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
D. Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state that does not conflict with the provisions of this compact.
E. This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
ARTICLE XIV
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining compact states.
[54-2321, added 2022, ch. 129, sec. 1, p. 475.]
(1) This chapter shall be known and cited as the "Drinking Water and Wastewater Professionals Licensing Act."
(2) In order to protect the public health, safety and welfare, and safeguard the water and land resources of Idaho, the practice of drinking water operators, wastewater operators, and backflow assembly testers in this state is hereby declared to be subject to regulation in the public interest.
[54-2401, added 2004, ch. 335, sec. 1, p. 996.]
It shall be unlawful for any person who is not licensed under the provisions of this chapter to operate, offer to operate, be in responsible charge of, or to otherwise serve as operating personnel at any public drinking water system or any public wastewater system as defined in the provisions of this chapter. Operating personnel shall include every person making system control or system integrity decisions about water quantity or water quality that may affect public health. It shall be unlawful for any person to use, in connection with their name or otherwise assume or advertise, any title or description tending to convey the impression of being a water or wastewater system operator, unless such person has been duly registered and possesses a current license in good standing issued by the board or is otherwise exempted under the provisions of this chapter. Furthermore, it shall be unlawful for any person who is the designated responsible charge operator of a drinking water or wastewater system to not be licensed at a category class equal to or greater than the classification of the drinking water or wastewater system. It shall be unlawful for any person to perform backflow assembly testing or inspection unless such person is licensed under the provisions of this chapter. The right to practice as a drinking water operator, wastewater operator, or backflow assembly tester shall be deemed a personal right, based on the qualifications of the individual as evidenced by a current license, and shall not be transferable. Provided however, that persons licensed, registered or otherwise regulated by the state of Idaho to practice a profession shall not be required to obtain a license under this act in order to practice within the scope of practice of the profession for which they are licensed, registered or otherwise regulated.
[54-2402, added 2004, ch. 335, sec. 1, p. 996.]
As used in this chapter:
(1) "Backflow assembly tester" means a person who tests backflow prevention assemblies and who holds a current Idaho backflow assembly tester license.
(2) "Backflow prevention assembly" means a set of mechanical components, which prevents the undesired backflow of water or other liquids into a potable water system, and can be in-line tested and repaired.
(3) "Board" means the state board of drinking water and wastewater professionals as provided in section 54-2404, Idaho Code.
(4) "Certified" means the board has confirmed that an applicant has met all the requirements for licensure under this chapter and has approved the issuance of a license to practice in Idaho under the provisions of this chapter.
(5) "Collection system" means that portion of the wastewater system in which wastewater is received from the premises of the discharger and conveyed to the point of treatment through a series of lines, pipes, manholes, pumps/liftstations and other appurtenances.
(6) "Distribution system" means that portion of the water utility in which water is stored and conveyed from the water treatment plant or other supply point to the premises of a consumer.
(7) "Division" means the division of occupational and professional licenses.
(8) "Drinking water operator" means any person who operates public drinking water systems, water treatment plants or other systems in order to treat water so that it is safe to drink and who holds a current Idaho water system operator license.
(9) "Laboratory analyst" means any person responsible for conducting laboratory analysis tasks in the laboratory of a wastewater system.
(10) "License" means a physical document issued by the division certifying that an individual has met the appropriate qualifications and has been granted the authority to practice in Idaho under the provisions of this chapter.
(11) "Operator" or "operating personnel" means any person who is employed, retained, or appointed to conduct the tasks associated with the day to day operation and maintenance of a public drinking water system or a public wastewater system.
(12) "Public drinking water system or public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days of the year. Such term includes any collection, treatment, storage, and distribution facilities under control of the operator of such system, and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Every community and nontransient noncommunity water system, and each transient water system using a surface water source or ground water source directly influenced by surface water, shall be operated by a certified drinking water operator.
(13) "Public wastewater system or wastewater system" means those systems, including collection systems and treatment systems, that are owned by a city, county, state or federal unit of government, a nonprofit corporation, district, association, political subdivision or other public entity, or that generate or collect two thousand five hundred (2,500) or more gallons a day; or that have been constructed in whole or in part with public funds. This does not include any wastewater treatment system operated and maintained exclusively by a single family residence or any wastewater system consisting solely of a gravity flow, nonmechanical septic tank and subsurface treatment and distribution system, or industrial wastewater systems under private ownership.
(14) "Responsible charge" means active, daily, on-site, or on call responsibility, for the performance of operations or active, ongoing, on-site and on call direction of employees and assistants at a public drinking water system or a public wastewater system.
(15) "Responsible charge operator" means an operator of a public drinking water system, designated by the system owner, who holds a valid certificate at a class equal to or greater than the drinking water system classification, who is in responsible charge of the public drinking water system.
(16) "Wastewater operator" means a person who operates public wastewater systems, or public wastewater treatment plants or other systems, in order to remove harmful pollutants from domestic and industrial liquid waste so that it is safe to return to the environment, and who holds a current Idaho wastewater system operator license.
[54-2403, added 2004, ch. 335, sec. 1, p. 997; am. 2022, ch. 94, sec. 34, p. 305.]
(1) In order to safeguard the environment and protect the public health and establish the minimum competency requirements of persons whose duties are identified in this chapter, there is hereby established in the division of occupational and professional licenses a board of drinking water and wastewater professionals for drinking water and wastewater operators and backflow assembly testers, hereinafter called the board.
(2) The board shall consist of seven (7) members, two (2) of whom shall be drinking water system operators, two (2) of whom shall be wastewater system operators, and one (1) who shall be a backflow assembly tester, all of whom shall be citizens of the United States, residents of the state of Idaho and licensed under the provisions of this chapter, and one (1) who shall be lawfully entitled to reside in the United States and be a resident of the state of Idaho and a member of the public with an interest in the rights of consumers of water and wastewater services, and one (1) who shall be the director of the Idaho department of environmental quality or the director’s designated agent.
(3) The governor shall appoint each member to the board for a term of three (3) years. Each member shall serve at the pleasure of the governor and shall serve until a successor is appointed. No member shall be appointed for more than two (2) successive terms or a total of two (2) terms during the life of the board or member.
[54-2404, added 2004, ch. 335, sec. 1, p. 998; am. 2016, ch. 340, sec. 29, p. 950; am. 2021, ch. 222, sec. 22, p. 637.]
(1) The members of the board shall, as soon as appointed, organize and at least annually thereafter elect from their number a chairman. The board shall hold at least two (2) meetings each year to transact such business as may be necessary to carry out the provisions of this chapter. Four (4) members of the board shall constitute a quorum and special meetings of the board shall be called by the chairman upon written request of any three (3) members; all meetings shall be open to the public.
(2) The members of the board shall be compensated as provided by section 59-509(m), Idaho Code, subject to availability of funds collected under the provisions of this chapter.
[54-2405, added 2004, ch. 335, sec. 1, p. 999; am. 2010, ch. 157, sec. 1, p. 332.]
(1) It shall be the duty of the board to carry out the provisions of this chapter, review applications, conduct written examinations, charge such fees as the board deems reasonable to cover the cost of licensing, keep records of its transactions, administer disciplinary actions, and record all matters which appropriately may come before it. The board shall have the power to adopt and amend rules including, but not limited to, a code of ethics and standards of conduct that may be reasonably necessary for the proper performance of its duties and the administration of this chapter and the regulation of proceedings before the board. The board shall, by written agreement, authorize the division of occupational and professional licenses as agent to act in its interest.
(2) The board may adopt license requirements for subcategories based on the size and type of system or for other related areas of expertise, such as backflow assembly testers for public drinking water systems.
[54-2406, added 2004, ch. 335, sec. 1, p. 999; am. 2022, ch. 94, sec. 35, p. 306.]
(1) The division of occupational and professional licenses shall collect a fee not to exceed one hundred dollars ($100) for each application, each administration of an examination, each original license, and a fee not to exceed two hundred dollars ($200) for each biennial renewal of any license issued pursuant to this chapter and shall deposit all fees in the state treasury in accordance with section 67-2608, Idaho Code. The actual fees shall be set by board rule. The division shall also collect a fee not greater than that charged by the examination provider when an examination is required as a condition of licensure. All required fees shall not be prorated and are nonrefundable.
(2) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be charged against and paid from said fund.
[54-2407, added 2004, ch. 335, sec. 1, p. 999; am. 2013, ch. 180, sec. 1, p. 417; am. 2021, ch. 224, sec. 57, p. 681; am. 2022, ch. 94, sec. 36, p. 307; am. 2025, ch. 104, sec. 9, p. 556.]
(1) The division of occupational and professional licenses shall, upon the approval of the board and subject to the provisions of this chapter, register and issue licenses to persons who have been approved by the board in accordance with this chapter. The licenses shall bear on their face the seal of the state and the signature of the division administrator of the division of occupational and professional licenses and will be effective until the next birthday of the individual being certified. Licenses so issued shall be renewed in accordance with section 67-2614, Idaho Code. The provisions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this chapter.
(2) The board shall keep and the division shall maintain a record of board proceedings and a register of all applications that show:
(a) The name, age, social security number and residency of each applicant;
(b) The date of application;
(c) The place of business of such applicant;
(d) The educational and other qualifications of each applicant;
(e) Whether or not an examination was required;
(f) Whether the applicant was rejected;
(g) Whether a license was issued;
(h) The dates of the action by the board;
(i) Compliance with continuing education requirements; and
(j) Such other information as may be deemed necessary by the board.
[54-2408, added 2004, ch. 335, sec. 1, p. 999; am. 2022, ch. 94, sec. 37, p. 307; am. 2025, ch. 104, sec. 10, p. 556.]
(1) The board shall approve an application form for the use of applicants. Each applicant shall submit an original application to the board and provide information and documentation as the board may require, including but not limited to information relating to the education and experience of the applicant. The board shall accept for review the complete application of any person whose application, accompanied by the necessary documentation and fees, is submitted. The board shall carefully evaluate each application, and shall approve the registration and issuance of a license to any applicant who has not been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code, and who has met the education, experience, and examination requirements set forth in this chapter and the rules adopted pursuant to the provisions of this chapter. If the board finds, on the basis of evidence submitted, and in accordance with the provisions of this chapter, that the applicant does not meet the requirements, the application shall be denied and any fees submitted shall not be refunded.
(2) The board shall issue licenses in the following categories:
(a) Drinking water distribution operator and drinking water treatment operator classes;
(b) Wastewater treatment operator, wastewater collection system operator, and wastewater laboratory analyst classes;
(c) Backflow assembly tester.
(3) Each applicant for licensure as a water system operator or wastewater system operator shall submit to the board a complete application with the required fee and provide documentation of having met the following requirements prior to being considered for a license:
(a) Be a lawful resident of the United States;
(b) Possess a high school diploma, GED, or the equivalent, including graduation from a nonpublic school;
(c) Document additional education as outlined by rule;
(d) Document such experience as is required by rule;
(e) Successful completion of and a passing grade on the required examination; and
(f) Other such requirements as may be determined by board rule.
[54-2409, added 2004, ch. 335, sec. 1, p. 1000; am. 2022, ch. 246, sec. 22, p. 804; am. 2026, ch. 135, sec. 7, p. 638.]
Any person who holds a valid license to practice as a drinking water system operator or a wastewater system operator or a backflow assembly tester from any other state in which the legally enacted qualifications for licensure are not lower than the qualifications for licensure set forth in this chapter and in the rules adopted pursuant hereto, may upon proper application and payment of a fee as may be established by board rule not to exceed one hundred dollars ($100), and with the approval of the board, be accepted for licensure under the provisions of this chapter.
[54-2410, added 2004, ch. 335, sec. 1, p. 1001.]
Every person licensed under the provisions of this chapter shall biennially pay the prescribed renewal fee and certify compliance with continuing education requirements and provide such other information as the board may request. Any license canceled for failure to meet the renewal requirements may be reinstated according to section 67-2614, Idaho Code.
[54-2411, added 2004, ch. 335, sec. 1, p. 1001; am. 2005, ch. 87, sec. 1, p. 305; am. 2014, ch. 106, sec. 1, p. 313; am. 2024, ch. 86, sec. 22, p. 405.]
The board shall have the power to revoke, suspend, refuse to issue, refuse to renew, or otherwise limit any license or certificate issued pursuant to the provisions of this chapter for any of the following:
(1) Procuring a license or registration by knowingly making a false statement, submitting false information, or refusing to provide complete information in response to a question in an application for licensure or through any form of fraud or misrepresentation;
(2) Being convicted of a felony;
(3) Misrepresentation or fraudulent representation in the performance of any duty, conduct or activity regulated under this chapter;
(4) Violating the provisions of this chapter or any rules of the board or any code of conduct or ethical standards adopted by the board;
(5) Being negligent or incompetent; or
(6) Failing to provide appropriate and personal supervision, if acting as the designated responsible charge operator, to any person gaining experience under the provisions of this chapter.
[54-2412, added 2004, ch. 335, sec. 1, p. 1001; am. 2022, ch. 94, sec. 38, p. 307; am. 2025, ch. 151, sec. 3, p. 739; am. 2026, ch. 221, sec. 14, p. 943.]
Any person who shall practice or attempt to offer to practice as a drinking water operator or wastewater operator or backflow assembly tester, as defined in this chapter, without having at the time of so doing a current, unexpired, unrevoked, and unsuspended license issued under this chapter shall be deemed guilty of a misdemeanor and, for each violation, shall be subject to punishment by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months, or both.
[54-2413, added 2004, ch. 335, sec. 1, p. 1001.]
It shall be the duty of the prosecuting attorney of each county to prosecute all violations of this chapter constituting a violation of criminal law and it shall be the duty of the attorney general of the state of Idaho to prosecute any administrative actions brought under the provisions of this chapter as requested by the board.
[54-2414, added 2004, ch. 335, sec. 1, p. 1002.]
This act may be cited as the "Idaho racing act."
[54-2501, added 1963, ch. 64, sec. 1, p. 246; am. 1987, ch. 316, sec. 1, p. 661.]
Unless the context otherwise requires, words and phrases as used herein shall mean:
(1) "Commission" means the Idaho state racing commission, hereinafter created.
(2) "Gross daily receipts" means the total of all sums deposited in all pools for each race day.
(3) "Historical horse race" means a race involving live horses that was conducted in the past and that is rebroadcast by electronic means and shown on a delayed or replayed basis for the purposes of wagering conducted at a facility that is authorized to show simulcast and/or televised races.
(4) "Horsemen’s group" means an organization composed of licensed owners and/or trainers duly registered with the secretary of state and recognized by the Idaho racing commission.
(5) "Host facility" means the racetrack at which the race is run, or the facility which is designated as the host facility if the race is run in a jurisdiction which is not participating in the interstate combined wagering pool.
(6) "Host jurisdiction" means the jurisdiction in which the host facility is located.
(7) "Interstate common wagering pool" means a pari-mutuel pool established in one (1) jurisdiction which is combined with comparable pari-mutuel pools from one (1) or more racing jurisdictions. Such pool is established for the purpose of establishing pay-off prices in the various jurisdictions.
(8) "Pari-mutuel" means any system whereby wagers with respect to the outcome of a race are placed with, or in, a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against the operator.
(9) "Persons" means and includes individuals, firms, corporations and associations.
(10) "Pool" means the total sum of all moneys wagered in each race for each type of bet. Types of bets include win, place, show, quinella, daily double, exacta, trifecta, etc., and such other types as are approved by the commission from time to time.
(11) "Race meet" means and includes any exhibition of thoroughbred, purebred, and/or registered horse racing, mule racing or dog racing, where the pari-mutuel system of wagering is used. Singular includes the plural and plural includes the singular; and words importing one gender shall be regarded as including all other genders.
(12) "Racing jurisdiction" or "jurisdiction" means a governmental jurisdiction responsible for the regulation of pari-mutuel racing in that jurisdiction.
(13) "Simulcast" means the telecast or other transmission of live audio and visual signals of a race, transmitted from a sending track to a receiving location, for the purpose of wagering conducted on the race at the receiving location.
[54-2502, added 1963, ch. 64, sec. 2, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1984, ch. 83, sec. 1, p. 158; am. 1985, ch. 194, sec. 1, p. 494; am. 1987, ch. 316, sec. 2, p. 661; am. 1988, ch. 141, sec. 1, p. 256; am. 1991, ch. 56, sec. 1, p. 107; am. 1992, ch. 19, sec. 1, p. 55; am. 1996, ch. 380, sec. 1, p. 1287; am. 1998, ch. 97, sec. 1, p. 346; am. 2006, ch. 147, sec. 1, p. 461; am. 2013, ch. 139, sec. 1, p. 333.]
There is hereby created in the Idaho state police the Idaho state racing commission, to consist of three (3) members, who shall be citizens, residents, and qualified electors of the state of Idaho.
The members of said commission shall be appointed by the governor within thirty (30) days after this act takes effect, one (1) for a term to expire on the Thursday following the second Monday in January, 1965, and one (1) for a term to expire on the Thursday following the second Monday in January, 1967, and one (1) for a term to expire on the Thursday following the second Monday in January, 1969, and upon the expiration of the term of any member of said commission, the governor shall appoint a successor for a term of six (6) years. All appointments to the Idaho state racing commission shall be subject to the approval of the senate.
Each member shall hold office until his successor is appointed and qualified. Vacancies on the commission shall be filled by appointment to be made by the governor for the unexpired term.
Any member may be removed from office by the governor for cause after a public hearing. Notice of said hearing shall fix the time and place of hearing and shall specify the charges. Copy of the notice of hearing shall be served on the member by mailing the same to the member at his last known address at least ten (10) days before the date fixed for said hearing.
[54-2503, added 1963, ch. 64, sec. 3, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 1, p. 1037; am. 1974, ch. 27, sec. 192, p. 811; am. 1987, ch. 316, sec. 3, p. 661; am. 2000, ch. 469, sec. 127, p. 1587.]
The commission shall organize by electing one (1) of its members chairman. Two (2) members of the commission shall constitute a quorum for the transaction of any and all business of the commission.
Each member of the board shall be compensated as provided by section 59-509(h), Idaho Code. Moneys used for the compensation of members shall be drawn from commission funds.
The commission may incur all such costs, charges and expenses as are reasonably necessary in carrying out the intent and purposes of this act.
All claims and expenditures under this act shall be first audited and passed upon by the commission, and, when approved, shall be paid in the manner provided by law for the payment of claims against the state of Idaho.
[54-2504, added 1963, ch. 64, sec. 4, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 2, p. 1037; am. 1979, ch. 251, sec. 1, p. 659; am. 1980, ch. 247, sec. 71, p. 639; am. 1992, ch. 62, sec. 1, p. 195.]
The commission shall keep detailed records of all meetings and of the business transacted therein, and all licenses applied for and issued, reports of which shall be embodied in an annual report which the commission shall prepare and submit to the governor on or before the thirty-first day of March of each year. Said annual report shall cover the activities of the commission, including the financial report of the commission and a financial summary of licensees subject to section 54-2508, Idaho Code, and organizations of licensees defined in section 54-2502(4), Idaho Code, for the preceding year in addition to the aforementioned.
All records of the commission shall be public records, and as such, subject to public inspection.
[54-2505, added 1963, ch. 64, sec. 5, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 2005, ch. 264, sec. 1, p. 809; am. 2013, ch. 139, sec. 2, p. 334.]
It shall be the duty of the commission, as soon as possible after its organization, to prepare and promulgate a complete set of rules and regulations to govern race meets and the pari-mutuel system. It shall be the duty of each person holding a license under the authority of the act to comply with this act and with all the rules and regulations promulgated and all orders issued by the commission.
It shall be unlawful for any person, except race meet licensees coming within the provisions of section 54-2508, Idaho Code, to participate, directly or indirectly, in any race meet without first securing and having in full force and effect, a license therefor from the commission. The license fee for such license shall be set by the commission and shall be paid to the commission.
The commission shall, by rule and regulation, determine which persons participating, directly or indirectly, in race meets shall require licenses.
[54-2506, added 1963, ch. 64, sec. 6, p. 246; am. 1969, ch. 221, sec. 2, p. 724; am. 1974, ch. 96, sec. 1, p. 1196; am. 1983, ch. 64, sec. 1, p. 147.]
(1) The commission created by this act is hereby authorized and it shall be its duty to license, regulate, and supervise all race meets held in this state under the terms of this act, and to cause the various places where race meets are held to be visited and inspected at least once a year.
(2) Notwithstanding any other provision of this chapter, the commission may authorize any licensee to participate in an interstate common wagering pool with one (1) or more other racing jurisdictions. Anytime that a licensee participates in an interstate pool, the licensee may adopt, with the authorization of the commission, the take-out of the host jurisdiction or facility.
(3) The commission may permit a licensee to use one (1) or more of its races for an interstate common wagering pool at locations outside its jurisdiction, and may allow pari-mutuel pools in other states to be combined with pari-mutuel pools in its jurisdiction for the purpose of establishing an interstate common wagering pool.
[54-2507, added 1963, ch. 64, sec. 7, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1991, ch. 56, sec. 2, p. 107; am. 1992, ch. 19, sec. 2, p. 56.]
It shall be unlawful for any person to hold any race meet in this state without having first obtained and having in force and effect a license issued by the commission as in this chapter provided. Every person making application for a license to hold a race meet, under the provisions of this chapter, shall file an application with the commission which shall set forth the time, place and number of days such will continue, an agreement with a horsemen’s group as the term "horsemen’s group" is defined in section 54-2502, Idaho Code, and such other information as the commission may require. The agreement shall be reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7, Idaho Code, and shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen’s agreement be held in the simulcast purse moneys fund created pursuant to the provisions of this section. Race days agreed upon shall be submitted to the Idaho state racing commission for its approval.
No person who has been convicted of any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, shall be issued a license of any kind, nor shall any license be issued to any person who has violated the terms or provisions of this chapter, or any of the rules of the commission, or who has failed to pay any of the fees, taxes or moneys required under the provisions of this chapter.
All applications to hold race meets shall be submitted to the commission, which shall act upon such applications within thirty (30) days. The commission shall be the sole judge of whether or not the race meet shall be licensed and the number of days the meet shall continue.
The license issued shall specify the kind and character of the race meets to be held, the number of days the race meet shall continue and the number of races per day. For those licensees or facilities that have had a total race handle from both live races and simulcast races exceeding five million dollars ($5,000,000) during the last calendar year in operation, the number of races per day shall not be less than eight (8), and the number of days of racing shall not be less than forty-six (46) unless otherwise agreed by the licensee and the horsemen’s group. Provided however, the number of days of racing shall not be less than fifteen (15) and the number of days of racing shall be approved by the Idaho state racing commission. For those licensees or facilities that have had a total race handle from both live races and simulcast races of five million dollars ($5,000,000) or less during the last calendar year in operation, the number of races per day shall not be less than six (6) and the number of days of racing shall not be less than two (2). The licensee shall pay in advance of the scheduled race meet to the state treasurer a fee of not less than twenty-five dollars ($25.00) for each day of racing, which fees shall be placed in the public school income fund of the state of Idaho. Provided, that if unforeseen obstacles arise that prevent the holding or completion of any race meet, the license fee held may be refunded to the licensee, if the commission deems the reason for failure to hold or complete the race meet sufficient. Any unexpired license held by any person who violates any of the provisions of this chapter, pursuant thereto, or who fails to pay to the commission any and all sums required under the provisions of this chapter, shall be subject to cancellation and revocation by the commission. Such cancellation shall be made only after a summary hearing before the commission, of which three (3) days’ notice in writing shall be given the licensee, specifying the grounds for the proposed cancellation, and at which hearing the licensee shall be given an opportunity to be heard in opposition to the proposed cancellation.
The simulcast purse moneys fund is hereby created in the state treasury. Moneys in the fund shall consist of all simulcast purse moneys that are accrued as required by horsemen’s agreements. Moneys in the fund are hereby perpetually appropriated to the Idaho state racing commission for distribution pursuant to the provisions of horsemen’s agreements and rules of the commission. The commission is authorized to promulgate rules providing for the receipt, deposit, withdrawal and distribution of such moneys. The state treasurer shall invest idle moneys in the fund and any interest received on those investments shall be returned to the fund.
[54-2508, added 1963, ch. 64, sec. 8, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1971, ch. 259, sec. 3, p. 1037; am. 1980, ch. 123, sec. 1, p. 278; am. 1990, ch. 424, sec. 1, p. 1173; am. 1996, ch. 380, sec. 2, p. 1288; am. 1997, ch. 351, sec. 1, p. 1038; am. 2001, ch. 72, sec. 1, p. 152; am. 2002, ch. 56, sec. 1, p. 124; am. 2006, ch. 159, sec. 1, p. 477; am. 2011, ch. 306, sec. 1, p. 873; am. 2020, ch. 175, sec. 26, p. 534.]
(1) Any person holding a race meet, and any other person required by this act or the rules of the commission to be licensed, participating, directly or indirectly, in a race meet, without first being licensed by the commission, and any person violating any of the terms or provisions of this act is guilty of a misdemeanor.
(a) There shall be an absolute prohibition of the use of live lures in the state of Idaho for the training of or racing of racing dogs. Any violation of the provisions of this section shall be a felony punishable by a fine not exceeding twenty-five thousand dollars ($25,000), or by a prison term not to exceed seven (7) years, or by both such fine and imprisonment. In addition the state racing commission shall not license any breeder, trainer or kennel whose dogs have been trained or raced with the use of live lures. The racing commission shall adopt rules that will provide for the humane treatment of the dogs involved in any aspect of training for or engaging in dog racing.
(2) The commission shall have the power to exclude from any and all race courses in this state any person who the commission deems detrimental to the best interests of racing, or any person who violates any of the provisions of this act or any rule or order of the commission.
(3) It shall be lawful to conduct race meets on or at a race track, or otherwise, at any time during the week.
(4) Any person maintaining a license issued by the commission, who violates the provisions of this act or the rules of the commission, may have such license suspended or revoked. In addition to such suspension or revocation the commission may levy a monetary penalty commensurate with the gravity of the offense, not to exceed two thousand five hundred dollars ($2,500). The commission, by rule shall provide a summary procedure for such determination at the track, the penalty amount for specified violations, and shall provide for an appeal of any summary decision to the commission. At-the-track summary proceedings shall not be subject to the provisions of chapter 52, title 67, Idaho Code. Hearings and appeals before the commission as allowed by this act or the rules of the commission shall be subject to chapter 52, title 67, Idaho Code, except the provisions of section 67-5254(2), Idaho Code, which is inconsistent with the unique requirements of racing.
(5) All law enforcement officers in this state shall assist in the enforcement of this act and the rules of the commission.
[54-2509, added 1963, ch. 64, sec. 9, p. 246; am. 1969, ch. 221, sec. 3, p. 724; am. 1977, ch. 230, sec. 1, p. 685; am. 1980, ch. 58, sec. 1, p. 116; am. 1987, ch. 316, sec. 7, p. 665; am. 1988, ch. 141, sec. 2, p. 257; am. 1996, ch. 75, sec. 1, p. 241.]
(1) For the purpose of encouraging the breeding, within this state, of valuable thoroughbred, purebred and/or registered horses, at least one (1) race each day at each horse race meet shall be limited to Idaho bred horses. If in the opinion of the commission sufficient competition cannot be had among such class of horses, said race may be written as an Idaho bred preferred race instead.
(2) A sum equal to ten percent (10%) of the first place purse money won by an Idaho bred horse shall be paid by the licensee conducting the race meet to the breeder of such horse. All purse moneys derived from pari-mutuel racing and all purse enhancement moneys from the Idaho state racing commission shall be included in the calculation of these breeder payments. All nominating and sustaining fees, and any moneys from outside sponsors shall be excluded from the calculation of these breeder payments.
[54-2510, added 1963, ch. 64, sec. 10, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1987, ch. 316, sec. 4, p. 662; am. 2008, ch. 26, sec. 1, p. 39.]
For the protection of the public, and all members thereof, the exhibitors and visitors, every person licensed to conduct a race meet under the provisions of this act shall carry public liability insurance in an amount and form of contract and with a company to be approved by the commission.
[54-2511, added 1963, ch. 64, sec. 11, p. 246; am. 1969, ch. 221, sec. 1, p. 724.]
(1) Any licensee conducting a race meet under this chapter may provide a place or places in the race meet grounds or enclosure at which such licensee may conduct and supervise the use of the pari-mutuel system by patrons on the result of the races conducted by such licensee at such race meet and, upon written application by a licensee and approval by the commission, on the result of simulcast and/or televised races. The commission shall issue no more than one (1) license to simulcast per live race meet licensee and there shall be no more simulcasting sites in the state than there are licensed live race meet sites.
(2) Licenses authorizing simulcast and/or televised races will be regulated by the commission, in addition to its other responsibilities, for the purpose of enhancing, promoting, and protecting the live race industry in the state of Idaho. No license authorizing simulcasting and/or televised races shall be issued to or renewed for persons that are not also licensed to conduct live race meets in the state of Idaho. Persons applying for a simulcast and/or televised race license shall have an agreement reached voluntarily or pursuant to binding arbitration in conformance with chapter 9, title 7, Idaho Code, with a horsemen’s group as the term "horsemen’s group" is defined in section 54-2502, Idaho Code. The agreement shall address, but not be limited to, number of live race days and percentage of the live race and simulcast handle that is dedicated to the live horse race purse structure. In addition, the agreement shall provide that all simulcast purse moneys that are accrued as required by the horsemen’s agreement be held in the simulcast purse moneys fund created pursuant to the provisions of section 54-2508, Idaho Code. Race days agreed upon shall be submitted to the Idaho racing commission for its approval.
(3) Upon written application by a live horse race licensee and approval by the Idaho state racing commission, a license may be issued to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races in a facility not located on the grounds of a live horse race meet facility, but within the county that the live horse race facility is located, subject to the following restrictions:
(a) In addition to the distribution and payment of the handle as described in section 54-2513, Idaho Code, a licensee operating under a license described in this subsection shall pay to the Idaho state racing commission for deposit in the live horse race purse distribution fund, a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races. The Idaho state racing commission shall distribute the moneys from the live horse race purse distribution fund to those live horse race licensees that ran less than fifteen (15) live race days during the preceding calendar year. The distribution shall be made by dividing the total number of live race days of all of the qualified live horse racetracks combined into the moneys collected by the fund in any one (1) calendar year and by multiplying the result by the number of days run by each of the respective live horse racetracks individually; and
(b) Additionally, the licensee shall pay to the Idaho state racing commission a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races conducted pursuant to the race purse distribution fund to the licensee whose license is being utilized to conduct simulcast and/or televised races pursuant to this section. These moneys shall be used by the licensee solely for live horse race meet purses; and
(c) Approval must be obtained from the board of county commissioners; and
(d) A license to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races issued pursuant to this section may be leased to another person or entity but only with the approval of the Idaho state racing commission. A lessee of such a license shall be held by the Idaho state racing commission to the same standards as the original licensee.
(4) Upon written application by a live horse race licensee and approval by the Idaho state racing commission, a license may be issued to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races in a facility located in another county within the state other than the county where the licensee’s live racetrack facility is located subject to the following restrictions:
(a) In addition to the distribution and payment of the handle as described in section 54-2513, Idaho Code, a licensee operating under a license described in this subsection shall pay to the Idaho state racing commission for deposit in the live horse race purse distribution fund, a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races. The Idaho state racing commission shall distribute the moneys from the live horse race purse distribution fund to those live horse race licensees that ran less than fifteen (15) live race days during the preceding calendar year. The distribution shall be made by dividing the total number of live race days of all of the qualified live horse racetracks combined into the moneys collected by the fund in any one (1) calendar year and by multiplying the result by the number of days run by each of the respective live horse racetracks individually; and
(b) Additionally, the licensee shall pay to the Idaho state racing commission a minimum of one percent (1%) of the gross daily receipts from simulcast and/or televised races conducted pursuant to the live horse race purse distribution fund to the licensee whose license is being utilized to conduct simulcast and/or televised races pursuant to this section. These moneys shall be used by the licensee solely for live horse race meet purses; and
(c) Approval must be obtained from the board of county commissioners of the county in which the simulcast and/or televised race facility is to be located; and
(d) A license to conduct and supervise the use of the pari-mutuel system by patrons on the result of simulcast and/or televised races issued under this section may be leased to another person or entity, but only with the approval of the Idaho state racing commission. A lessee of such a license shall be held by the Idaho state racing commission to the same standards as the original licensee.
(e) No simulcast and/or televised race license transferred from one (1) county to another shall be located in a facility within thirty (30) miles of a live horse racetrack without the approval of that live horse racetrack facility.
(f) No simulcast and/or televised race license can be transferred into a county that has had a live race license within the prior five (5) years.
(5) No more than one (1) simulcast and/or televised race facility per county shall be allowed. This includes the one (1) simulcast license authorized in section 54-2514A, Idaho Code.
(6) There is hereby created in the state treasury the live horse race purse distribution fund, to which shall be deposited moneys received by the Idaho state racing commission for the purposes described in this section. All moneys in the live horse race purse distribution fund are hereby perpetually appropriated to the Idaho state racing commission for payment as required in this section. Payments by the Idaho state racing commission from the live horse race purse distribution fund to the recipient live horse racetracks shall be made no later than thirty (30) days after Idaho state racing commission approval of a live race meet license application for the forthcoming calendar year.
(7) Once a total handle exceeding fourteen million dollars ($14,000,000) is realized from simulcasting and/or televised races conducted pursuant to this section in any one (1) calendar year, the Idaho state racing commission shall submit to the Idaho horse board a sum of five percent (5%) of the balance over fourteen million dollars ($14,000,000), but not to exceed twelve thousand five hundred dollars ($12,500) to be used by the Idaho horse board for youth programs and to the "Idaho Robert R. Lee Promise Scholarship Program" as detailed in chapter 43, title 33, Idaho Code, a sum of five percent (5%) of the balance over fourteen million dollars ($14,000,000), but not to exceed twelve thousand five hundred dollars ($12,500).
(8) Such pari-mutuel system conducted at such race meet shall not under any circumstances, if conducted under the provisions of this chapter and in conformity thereto and to the rules of the commission, be held or construed to be unlawful, other statutes of this state to the contrary notwithstanding.
(9) The participation by a licensee in an interstate combined wagering pool does not cause that licensee to be considered to be doing business in any jurisdiction other than the jurisdiction in which the licensee is physically located.
(10) Advance deposit wagering on live and/or simulcast horse racing conducted by licensees is hereby declared to be lawful and within the scope of the licensee’s license. As used in this section, "advance deposit wagering" means a form of wagering in which an account holder may deposit money with a licensee and then use the balance to fund wagers. The bettor can then contact the licensee from a location without actually being physically present at the licensee’s premises in order to communicate the desired use of those funds for wagering purposes. However, no wager can be accepted by the licensee that exceeds the amount in the account held by the licensee for the person placing the wager. Any advance deposit wagering conducted by a person with a provider outside of the state by telephone or other electronic means shall be a felony unless that provider is licensed by the Idaho state racing commission and provides a source market fee of not less than ten percent (10%) of the handle forwarded monthly to the commission. In order to receive an advance deposit wagering license, the applicant must comply with the provisions of subsection (12) of this section and must also reach a nondiscriminatory agreement regarding signal costs with any licensed facility in Idaho if such provider or affiliate is sending interstate simulcast signals to such licensed facility in Idaho. All moneys in the advance deposit wagering accounts held by the commission are hereby continuously appropriated to the commission, which shall retain ten percent (10%) for live racing administration and remit the balance for payment as required by this section. Payments to recipients shall be made annually. Distribution of the source market fee shall be forty percent (40%) to purses to be deposited directly into the horsemen’s purse account at all tracks weighted by number of races ran through the year of distribution, thirty percent (30%) to the simulcast sites in the state weighted by the annual simulcast handle, five percent (5%) to the track distribution fund, five percent (5%) to the breed distribution fund, five percent (5%) to the Idaho state racing commission, five percent (5%) to the public school income fund, and ten percent (10%) for track operating expenses at the live tracks with distribution weighted on the number of race days. All moneys in the track operating accounts are hereby continuously appropriated to the commission for payment as required by this section. For purposes of this section, wagering instructions concerning funds held in an advance deposit account shall be deemed to be issued within the licensee’s enclosure. As used in this section, "source market fee" means that part of a wager, made outside of the state by an Idaho resident, that is returned to the state of Idaho. The commission may promulgate rules pursuant to chapter 52, title 67, Idaho Code, to implement the provisions of this subsection.
(11) Pari-mutuel taxes or commissions may not be imposed on any amounts wagered in an interstate combined wagering pool other than amounts wagered within this jurisdiction.
(12) No licensee shall engage in any anticompetitive or deceptive practices in the process of contracting for the right to send any interstate simulcast signal to a licensed facility in Idaho. For purposes of this subsection, anticompetitive or deceptive practices shall include, but not be limited to:
(a) Any agreement to charge excessive or unreasonable fees for the right to receive an interstate signal. In determining whether a fee is excessive or unreasonable, the commission shall consider prevailing rates paid for comparable signals in the past, prevailing rates paid outside Idaho and whether any commonality of ownership or revenue sharing exists, partially or wholly, between the Idaho licensee and the entity receiving the simulcast fees; or
(b) Any agreement, combination, trust or joint enterprise with any other track or entity in which multiple interstate signals are bundled together for the purpose of securing an excessive or unreasonable fee for one (1) or more signals in the group in exchange for the right to receive any of the signals in the group; or
(c) Any other activity with the purpose or effect of artificially inflating prices beyond reasonable market rates or passing on or attempting to pass on any portion of the ten percent (10%) advance deposit wagering fee to licensed facilities in Idaho.
The commission may suspend or revoke licenses and may impose civil penalties of up to ten thousand dollars ($10,000) per occurrence for violation of this subsection.
(13) It shall be unlawful to conduct pool selling, bookmaking, or to circulate handbooks, or to bet or wager on a race of any licensed race meet, other than by the pari-mutuel system; and it shall further be unlawful knowingly to permit any minor to use the pari-mutuel system.
[54-2512, added 1963, ch. 64, sec. 12, p. 246; am. 1969, ch. 221, sec. 1, p. 724; am. 1986, ch. 69, sec. 1, p. 194; am. 1990, ch. 374, sec. 1, p. 1036; am. 1991, ch. 56, sec. 3, p. 108; am. 1996, ch. 380, sec. 3, p. 1289; am. 1997, ch. 351, sec. 2, p. 1039; am. 2000, ch. 245, sec. 1, p. 681; am. 2001, ch. 72, sec. 2, p. 152; am. 2003, ch. 312, sec. 1, p. 855; am. 2006, ch. 159, sec. 2, p. 478; am. 2011, ch. 276, sec. 1, p. 749; am. 2012, ch. 320, sec. 1, p. 875; am. 2021, ch. 328, sec. 1, p. 1004.]
(A) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle in excess of one hundred thousand dollars ($100,000) shall distribute all sums deposited in any pool as follows:
(1) Eighty-two percent (82%) of any win, place or show pool to the winner thereof, and eighteen percent (18%) to the licensee;
(2) Seventy-seven and one-quarter percent (77.25%) of all two (2) horse exotic wagers including, but not limited to, daily doubles and quinellas to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing commission account, and twenty-two percent (22%) to the licensee;
(3) Seventy-five and one-quarter percent (75.25%) of all three (3) or more horse exotic wagers including, but not limited to, trifecta and twin-trifecta to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing commission account, and twenty-four percent (24%) to the licensee.
(B) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle in excess of one hundred thousand dollars ($100,000) shall retain the sums deposited in any pool as required in subsection (A) of this section, for distribution and payment based upon gross daily receipts as follows:
(1) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission, for deposit in the racing commission account, which is hereby created in the state regulatory fund.
(2) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated, shall be paid to the Idaho state racing commission for deposit in the track distribution account, which is hereby created in the pari-mutuel distribution fund, for further distribution to certain Idaho horse race tracks, defined as follows:
a. Recipient horse racing tracks shall be those which, during the race meet year of distribution, have a total race handle from both live races and simulcast races of less than five million dollars ($5,000,000);
b. Distributions to recipient horse racing tracks shall be weighted proportionately on the number of days raced during the year of distribution.
All moneys in the track distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to horse racing tracks shall be made annually but not later than December 15.
(3) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated shall be paid by the licensee to the commission for deposit in the breed distribution account, which is hereby created in the pari-mutuel distribution fund, for payment by the commission in proportion to the handle generated by each horse breed, to lawfully constituted representatives of each horse breed, to benefit owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and racing Arabians, subject to the approval of the commission. Moneys in the breed distribution account on December 31 of each year which have not been distributed by the commission shall be paid to the public school income fund.
All moneys in the breed distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to representatives shall be made quarterly.
(4) From the balance of gross daily receipts remaining with the licensee after the distributions required in subsection (B)(1), (2) and (3) of this section from horse races, the following amounts shall be paid or retained:
a. From the first $20,000 of gross daily receipts, the licensee shall retain the entire amount;
b. From the next $10,000 of gross daily receipts (gross daily receipts between $20,000 and $30,000), the public school income fund and the equine education account shall each receive one-eighth of one percent (.125%), and the licensee shall retain the balance;
c. From the next $10,000 of gross daily receipts (gross daily receipts between $30,000 and $40,000), the public school income fund and the equine education account shall each receive sixty-two and one-half hundredths percent (.625%), and the licensee shall retain the balance;
d. From all amounts of over $40,000 of gross daily receipts, the public school income fund and the equine education account shall each receive one and one-eighth percent (1.125%), and the licensee shall retain the balance.
The public schools’ and the equine education account’s share shall be paid by the licensee to the racing commission for deposit in the public school income fund or the equine education account as appropriate. The licensee’s percentage shall be retained by the licensee.
(C) Each licensee conducting the pari-mutuel system for live and simulcast horse races having an average daily handle of one hundred thousand dollars ($100,000) or less shall distribute all sums deposited in any pool as follows:
(1) Seventy-seven percent (77%) of any win, place or show pool to the winner thereof, and twenty-three percent (23%) to the licensee;
(2) Seventy-six and one-quarter percent (76.25%) of all other pools to the winner thereof, three-quarters of one percent (.75%) to the racing commission for deposit in the racing account, and twenty-three percent (23%) to the licensee.
(D) Each licensee conducting the pari-mutuel system for live and simulcast horse races shall retain twenty-three percent (23%) of all sums deposited in any pool, for distribution and payment based upon gross daily receipts as follows:
(1) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission, for deposit in the racing commission account.
(2) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated, shall be paid to the Idaho state racing commission for deposit in the track distribution account, for further distribution to certain Idaho horse race tracks, defined as follows:
a. Recipient horse racing tracks shall be those which, during the race meet year of distribution, have a total race handle from both live races and simulcast races of less than five million dollars ($5,000,000);
b. Distributions to recipient horse racing tracks shall be weighted proportionately on the number of days raced during the year of distribution.
All moneys in the track distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to horse racing tracks shall be made annually but not later than December 15.
(3) One-half of one percent (.50%) of gross daily receipts from horse races, separately stated shall be paid by the licensee to the commission for deposit in the breed distribution account, for payment by the commission in proportion to the handle generated by each horse breed, to lawfully constituted representatives of each horse breed, to benefit owners and/or breeders of Idaho bred racing thoroughbreds, racing quarter horses, racing Appaloosas, racing paints and racing Arabians, subject to the approval of the commission. Moneys in the breed distribution account on December 31 of each year which have not been distributed by the commission shall be paid to the public school income fund. All moneys in the breed distribution account are hereby continuously appropriated to the commission for payment as required by this section. Payments to representatives shall be made quarterly.
(4) Twenty and three-quarters percent (20.75%) of gross daily receipts from horse races shall be paid or retained as follows:
a. From the first $20,000 of gross daily receipts, the licensee shall retain twenty and three-quarters percent (20.75%);
b. From the next $10,000 of gross daily receipts (gross daily receipts between $20,000 and $30,000), the public school income fund and the equine education account shall each receive one-eighth of one percent (.125%), and the licensee shall retain twenty and one-half percent (20.50%);
c. From the next $10,000 of gross daily receipts (gross daily receipts between $30,000 and $40,000), the public school income fund and the equine education account shall each receive sixty-two and one-half hundredths percent (.625%), and the licensee shall retain nineteen and one-half percent (19.50%);
d. From all amounts of over $40,000 of gross daily receipts, the public school income fund and the equine education account shall each receive one and one-eighth percent (1.125%), and the licensee shall retain eighteen and one-half percent (18.50%).
The public schools’ share and the equine education account’s share shall be paid by the licensee to the racing commission for deposit in the public school income fund or the equine education account as appropriate. The licensee’s percentage shall be retained by the licensee.
(E) Each licensee may retain the odd cents of all redistribution to be based on each dollar deposited exceeding a sum equal to the next lowest multiple of ten (10), known as breakage, and the total amount of unclaimed tickets at the termination of the time allowed by rule of the commission.
(F) If the fiscal year-end balance in the racing commission account exceeds six hundred thousand dollars ($600,000), the excess shall be transferred by the office of the state controller to the pari-mutuel distribution fund, which is hereby created, for further distribution as follows:
(1) Sixty percent (60%) shall be deposited in the Idaho horse owner/breeder award account, which is hereby created in the pari-mutuel distribution fund, and shall be distributed by the racing commission annually, but not later than December 15 of each year as follows:
a. Fifty percent (50%) to the breeders of Idaho bred winners based on the number of live races by each breed for the current calendar year; and
b. Fifty percent (50%) in equal amounts to owners of Idaho bred horse race winners.
c. All moneys in the Idaho horse owner/breeder award account are hereby continuously appropriated to the commission for payment as required in this section.
(2) Forty percent (40%) shall be deposited in the track purse enhancement account, which is hereby created, and paid to all Idaho licensed horse racetracks for the purpose of purse enhancement based on the number of live race dates held the preceding calendar year. Track purse enhancement moneys shall be disbursed no later than thirty (30) days after Idaho state racing commission approval of live race meet license applications for the forthcoming calendar year. All moneys in the track purse enhancement account are hereby continuously appropriated to the commission for payment as required by this section.
[54-2513, added 1969, ch. 221, sec. 4, p. 724; am. 1974, ch. 96, sec. 2, p. 1196; am. 1977, ch. 73, sec. 1, p. 142; am. 1980, ch. 123, sec. 2, p. 279; am. 1983, ch. 205, sec. 1, p. 558; am. 1985, ch. 194, sec. 2, p. 495; am. 1987, ch. 282, sec. 1, p. 592; am. 1987, ch. 316, sec. 5, p. 662; am. 1988, ch. 141, sec. 3, p. 258; am. 1990, ch. 241, sec. 1, p. 688; am. 1990, ch. 399, sec. 1, p. 1117; am. 1992, ch. 19, sec. 3, p. 56; am. 1992, ch. 77, sec. 1, p. 215; am. 1996, ch. 380, sec. 4, p. 1290; am. 1997, ch. 353, sec. 1, p. 1041; am. 1998, ch. 127, sec. 1, p. 474; am. 2000, ch. 245, sec. 2, p. 682; am. 2014, ch. 160, sec. 1, p. 447.]
(1) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall distribute all sums deposited in any pool as follows:
(a) Seventy-nine and one-half percent (79.5%) of any win, place or show pool to the winner thereof, and twenty and one-half percent (20.5%) to the licensee;
(b) Seventy-seven percent (77%) of all two (2) dog exotic wagers including, but not limited to, daily doubles and quinellas to the winner thereof, and twenty-three percent (23%) to the licensee;
(c) Seventy-five percent (75%) of all three (3) or more dog exotic wagers including, but not limited to, trifecta, twin trifecta, pick three, pick six and superfecta, to the winner thereof, and twenty-five percent (25%) to the licensee.
(2) Each licensee conducting the pari-mutuel system for simulcast or televised dog races shall retain the sums deposited in any pool as required in subsection (1) of this section, for distribution and payment based upon gross daily receipts as follows:
(a) One and one-quarter percent (1.25%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the racing commission account.
(b) One percent (1%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for payment to the county in which the dog racing facility is located. The board of county commissioners shall spend such revenues only for visitor promotion.
(c) One-half percent (.5%) of gross daily receipts, separately stated, shall be paid to the Idaho state racing commission for deposit in the Idaho horse breeders’ and owners’ award account in the state treasury for further distribution as follows:
(i) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders’ and owners’ award account shall be distributed by the racing commission annually but not later than December 15, to the breeders of Idaho bred winners of each approved horse race in Idaho in proportion to the handle generated by each breed; and
(ii) Fifty percent (50%) of all moneys deposited in the Idaho horse breeders’ and owners’ award account shall be distributed by the racing commission annually but not later than December 15, in equal amounts to owners of Idaho bred horse race winners.
(d) From the balance of gross daily receipts remaining with the licensee after the distributions required in subsections (1)(a), (b) and (c) of this section from simulcast or televised dog races, the following amounts shall be paid or retained:
(i) From the first twenty thousand dollars ($20,000) of gross daily receipts, the licensee shall retain the entire amount;
(ii) From the next ten thousand dollars ($10,000) of gross daily receipts, (gross daily receipts between twenty thousand dollars ($20,000) and thirty thousand dollars ($30,000)) the public school income fund shall receive one-quarter of one percent (.25%) and the licensee shall retain the balance;
(iii) From the next ten thousand dollars ($10,000) of gross daily receipts (gross daily receipts between thirty thousand dollars ($30,000) and forty thousand dollars ($40,000)) the public school income fund shall receive one and one-quarter percent (1.25%) and the licensee shall retain the balance;
(iv) From all amounts of over forty thousand dollars ($40,000) of gross daily receipts, the public school income fund shall receive two and one-quarter percent (2.25%) and the licensee shall retain the balance.
(3) Each licensee may retain the odd cents of all redistribution to be based on each dollar deposited exceeding a sum equal to the next lowest multiple of ten (10), known as breakage, and the total amount of unclaimed tickets at the termination of the time allowed by rule of the commission.
[54-2514, added 1994, ch. 325, sec. 2, p. 1044; am. 1996, ch. 310, sec. 2, p. 1017; am. 1999, ch. 394, sec. 1, p. 1092.]
(1) On and after the effective date of this act, live dog races and pari-mutuel betting on such races or the training of dogs to compete in live dog races shall be illegal in the state of Idaho. Notwithstanding any other provision of law to the contrary, the provisions of this section shall not be deemed to alter or affect simulcasts and simulcast pari-mutuel wagering at a facility that was licensed and authorized prior to January 1, 1996, to conduct live dog races and pari-mutuel wagering on them prior to the effective date of this act, and horse and dog race simulcasts and pari-mutuel wagering on such simulcasts may be conducted at that facility, or at an alternate facility in the same county and approved by the commission as if the facility were still licensed and under the same conditions and restrictions imposed by law on a licensee. Under no circumstances shall the provisions of this section or section 54-2512, Idaho Code, be used to grant more than one (1) license to conduct simulcast pari-mutuel wagering in any county. Any person participating or conducting a live dog race or pari-mutuel betting on such a live dog race or the training of dogs to compete in live dog races in violation of this section shall be guilty of a felony.
(2) The provisions of subsection (1) of this section shall not apply to exhibition-style live dog races upon which no pari-mutuel betting occurs on or off the site of the race or training, where the maximum track length and race does not exceed one hundred fifty (150) feet, or to the training of dogs to compete in exhibition-style live dog races, conducted at county fairs. The proper care, humane treatment and protection of a dog participating in an exhibition dog race shall be the responsibility of its owner, and all dog races and associated training shall be conducted in a manner consistent with the provisions of chapter 35, title 25, Idaho Code.
(3) The provisions of subsection (1) of this section shall not apply to a sled dog race or to the training of dogs for a sled dog race meeting the requirements of this subsection and upon which no pari-mutuel betting occurs on or off the site of the race or training. A "sled dog race" means a timed competition of teams of sled dogs that pull a sled with the dog musher standing on the runners of the sled. The proper care, humane treatment and protection of a dog participating in a sled dog race shall be the responsibility of its owner, and all sled dog races and associated training shall be conducted in a manner consistent with the provisions of chapter 35, title 25, Idaho Code.
[54-2514A, added 1996, ch. 310, sec. 1, p. 1016; am. 1999, ch. 394, sec. 2, p. 1093; am. 2005, ch. 222, sec. 1, p. 698; am. 2017, ch. 126, sec. 1, p. 296.]
Fair boards or fair districts which conduct race meets in connection with regularly scheduled annual fairs shall be exempt from payment of the fees provided in section 54-2508, Idaho Code. All sums due the commission from the licensee shall be paid to and retained by the commission for the payment of salaries, travel, operating costs and any other expenses necessary to carry out the provisions of this act, except that no payment need be made for office accommodations furnished by the state: provided, however, that no salary, wages, expenses or compensation of any kind shall be paid by the state of Idaho for, or in connection with, the work of the commission in carrying out the provisions of this act. All sums due the public school income fund shall be collected by the commission, and, on the next business day following the receipt thereof, shall be paid to the state treasurer for deposit in the public school income fund of the state treasury.
[(54-2515) 1969, ch. 221, sec. 5, p. 724; am. 1980, ch. 123, sec. 3, p. 280; redesignated 1992, ch. 19, sec. 5, p. 63.]
(1) In the event any government or governmental agency imposes a levy on a licensee, by a special tax on the money so deposited under the pari-mutuel system, or upon or against his receipts therefrom, the said licensee may withhold in addition to the aforesaid per centum and breakage, as provided in section 54-2513 or section 54-2514, Idaho Code, the amount of the tax so levied.
(2) Breakage for interstate combined wagering pools shall be calculated in accordance with the statutes or rules of the host jurisdiction, and must be distributed among the participating jurisdictions in a manner agreed to among the jurisdictions.
[(54-2516) 1963, ch. 64, sec. 15, p. 246; am. 1991, ch. 56, sec. 4, p. 109; amended and redesignated 1992, ch. 19, sec. 6, p. 63.]
Every race meet licensee shall provide and deliver to the commission a bond signed by a surety company licensed to do business in this state in such form and in the sum as may be required by the commission, and conditioned that said licensee will pay to the state of Idaho all moneys due the state under the provisions of this act.
[(54-2517) 1963, ch. 64, sec. 16, p. 246; am. 1969, ch. 221, sec. 6, p. 724; redesignated 1992, ch. 19, sec. 7, p. 63.]
(1) The purpose of this act is to provide certain standards and requirements for the use of and the design, construction, installation, improvement, extension and alteration of materials, piping, venting, fixtures, appliances and appurtenances in relation to plumbing and plumbing systems hereinafter defined and to provide that all plumbing and plumbing systems in the state shall be designed, constructed, installed, improved, extended and altered in substantial accord with the uniform plumbing code published by the international association of plumbing and mechanical officials and as it shall be amended, revised, compiled and published from time to time and as subsequent editions, amendments or revisions thereto shall be adopted by the Idaho plumbing board through the negotiated rulemaking process. Any amendments, revisions or modifications made to the uniform plumbing code by the board shall be made by administrative rules promulgated by the board. The uniform plumbing code together with any amendments, revisions or modifications made by the board shall collectively constitute and be named the Idaho state plumbing code. The board shall conduct a minimum of two (2) public hearings with notice of such public hearings provided in accordance with the provisions of section 74-204, Idaho Code.
(2) Cities or counties electing to implement a plumbing code enforcement program shall do so only in compliance with the provisions of this section. Cities or counties may elect to implement a plumbing enforcement program by passing an ordinance evidencing the intent to do so. Cities or counties that perform plumbing code enforcement activities shall, except as provided in subsection (3) of this section, by ordinance adopt the uniform plumbing code together with any amendments thereto made by the board, which shall collectively constitute and be named the Idaho state plumbing code. The effective date of any edition of the code adopted by the board shall be January 1 of the year following its adoption.
(3) Cities or counties may further amend the Idaho state plumbing code adopted by the board in conformance with this section to address local concerns as long as such amendments prescribe at least an equivalent level of protection to that contained in the uniform plumbing code. Provided however, that no code other than the uniform plumbing code together with any amendments, revisions or modifications made by the board that collectively constitute the Idaho state plumbing code may serve as the standard for plumbing installations in such city or county. A city or county electing to amend the Idaho state plumbing code as adopted by the board may do so only after a finding by the city or county that good cause exists for such an amendment and that such amendment is reasonably necessary. Prior to making a finding of good cause for such an amendment, the city or county shall conduct a public hearing. Notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the city or county. Written notice of such public hearing and the text of the proposed amendment shall be given by the city or county to the board not less than thirty (30) days prior to such hearing.
(4) The remaining provisions of this act shall not apply, except as hereinafter provided, to cities or counties if such cities or counties enact ordinances or codes prescribing the Idaho state plumbing code and amendments it may make thereto in accordance with this section for all plumbing installations which shall be considered the equal standards and requirements including the enforcement thereof as provided by this act.
(5) A city or county that enforces plumbing codes shall do so only in compliance with the provisions of this section and the Idaho state plumbing code. A city or county that performs plumbing code enforcement activities pursuant to this section may perform plumbing code enforcement activities for other cities or counties. The provisions of the Idaho state plumbing code shall be used as the standard for plumbing code enforcement activities pursuant to this section.
(6) A city or county that has not previously instituted and implemented a plumbing code enforcement program prior to the effective date of this act may elect to implement such a program by passing an ordinance evidencing the intent to do so. A city or county may contract with a public or private entity to administer its plumbing code enforcement program pursuant to the provisions of this section.
(7) A city or county that chooses to conduct its own plumbing code enforcement inspections or to receive such inspections from another city or county shall provide the division of occupational and professional licenses notice of such decision in writing at least thirty (30) days prior to implementation.
(8) A city or county that terminates a permitting and inspection program established pursuant to this section shall notify the division of occupational and professional licenses in writing of its intent to terminate such program. Upon termination of a city or county permitting and inspection program, the division of occupational and professional licenses shall provide plumbing code enforcement services in the jurisdiction for a minimum of one (1) year.
[(54-2601) 39-2701, added 1957, ch. 214, sec. 1, p. 454; am. 1963, ch. 138, sec. 1, p. 392; am. 1975, ch. 120, sec. 1, p. 250; am. and redesig. 1984, ch. 123, sec. 1, p. 282; am. 2012, ch. 53, sec. 1, p. 151; am. 2015, ch. 141, sec. 147, p. 493; am. 2024, ch. 54, sec. 2, p. 269.]
(1) Certificate of competency requirements of this chapter shall not be deemed to apply to:
(a) Any person who does plumbing work in a single or duplex family dwelling, including accessory buildings, quarters and grounds in connection with such dwelling; provided that such person owns or is a contract purchaser of the premises, and provided further that such person shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter.
(b) Farm buildings located outside the incorporated limits of any city unless such buildings are connected to a public water or sewer system; and a farm building is hereby defined to be a structure located on agricultural zoned property and designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged; a place used by the public; or conditioned livestock housing.
(c) Logging, mining or construction camps when plumbing installations are made to conform with the recommendations of the department of environmental quality.
(d) Piping systems in industrial processing plants located outside the incorporated limits of any city unless such systems are connected to a public water or sewer system.
(e) Work on plumbing systems on premises owned or operated by an employer who regularly employs maintenance or construction plumbers, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter.
(f) Nothing contained in this section or any other provision of this code shall be construed or applied to require a sewer contractor, sewage disposal contractor, or any excavating or utility contractor who generally engages in the business of installing, altering or repairing sewers, private and public sewage disposal systems, and water distribution and/or drainage lines outside the foundation walls of any building or structure to obtain a valid contractor’s certificate of competency or to employ only journeymen plumbers possessing a valid journeyman plumber’s certificate of competency or registration or to in any way require that his employees be registered, licensed or declared competent by the board.
(g) Water treatment installations and repairs when installed in residential or business properties, provided the same, when installed, repaired or completed, shall be inspected by a designated, qualified and properly identified agent of the division of occupational and professional licenses as to quality of workmanship and compliance with the applicable provisions of this chapter.
(h) Plumbing work within modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.
(i) Individuals holding a current installer license pursuant to the provisions of chapter 21, title 44, Idaho Code, may make connections from manufactured home or mobile home sewer or water facilities to existing sewer or water facilities on-site.
(j) Individuals licensed pursuant to chapter 10, title 54, Idaho Code, or chapter 50, title 54, Idaho Code, as follows:
(i) Individuals holding a current HVAC or electrical license may install electrical circuitry from the disconnecting means to a water heater and electrical connections to the water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long.
(ii) Individuals holding a current HVAC license may install gas piping and piping for hydronic systems.
(iii) Individuals holding a current HVAC license may install boilers that are not otherwise subject to inspection by the industrial commission or its authorized agent.
(k) A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization’s volunteers, performing plumbing installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate.
(2) To the extent that an electrical or HVAC installation permit issued by the Idaho division of occupational and professional licenses includes any part of a plumbing installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid.
(3) Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of plumbing installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed journeyman plumber and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements.
(4) Any person, firm, copartnership, association or corporation making water treatment installations and/or repairs in accordance with the provisions of this chapter shall maintain a surety bond in the amount of two thousand dollars ($2,000).
[(54-2602) 39-2701, added 1957, ch. 214, sec. 2, p. 454; am. 1963, ch. 138, sec. 2, p. 392; am. 1969, ch. 184, sec. 1, p. 548; am. 1974, ch. 39, sec. 25, p. 1023; am. 1975, ch. 173, sec. 1, p. 467; am. and redesig. 1984, ch. 123, sec. 2, p. 282; am. 1996, ch. 421, sec. 51, p. 1436; am. 2004, ch. 250, sec. 7, p. 720; am. 2007, ch. 197, sec. 2, p. 598; am. 2007, ch. 252, sec. 9, p. 746; am. 2008, ch. 381, sec. 1, p. 1051; am. 2018, ch. 199, sec. 2, p. 447; am. 2020, ch. 77, sec. 1, p. 165; am. 2022, ch. 301, sec. 2, p. 953; am. 2025, ch. 47, sec. 13, p. 233.]
Plumbing means and includes the business, trade practice or work, materials and fixtures used in the design, construction, installation, improvement, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any plumbing system.
[(54-2603) 1957, ch. 214, sec. 3, p. 454; redesignated as sec. 54-2603, 1984, ch. 123, sec. 3, p. 283.]
(1) A plumbing system, public or private, means and includes:
(a) Plumbing fixtures, interconnecting system pipes and traps;
(b) Soil, waste and vent pipes;
(c) Building drains and building sewers;
(d) Sanitary and storm water drainage facilities;
(e) Liquid waste and sewerage facilities;
(f) Water supply systems and distribution and disposal pipes of any premises;
(g) Water treating and water using equipment attached to a plumbing system except for water conditioning equipment;
(h) All the respective connections, devices and appurtenances of any plumbing system, public or private, within or adjacent to any building, residence, manufactured housing, or structure to and including a connection with any point of a public or private supply, distribution or disposal system or other acceptable terminal; and
(i) Water heaters and all associated venting dedicated exclusively thereto.
(2) As used in this section, "water conditioning equipment" shall mean those devices necessary to remove impurities and sediment from water.
(3) A plumbing system does not include a single service integrated fire sprinkler system as defined in section 41-254, Idaho Code.
(4) It shall be unlawful for any person, firm, copartnership, association or corporation to do, or cause to be done, whether acting as a principal, agent, or employee, any construction, installation, improvement, extension or alteration of any plumbing system or water conditioning equipment in any residence, building, or structure, or service lines thereto, in the state of Idaho, without complying with the bonding provisions as provided by section 54-2602, Idaho Code.
[(54-2604) 1957, ch. 214, sec. 4, p. 454; am. 1983, ch. 238, sec. 1, p. 643; am. and redesignated as sec. 54-2604, 1984, ch. 123, sec. 4, p. 283; am. 1988, ch. 30, sec. 1, p. 38; am. 1993, ch. 128, sec. 1, p. 323; am. 2010, ch. 109, sec. 1, p. 221.]
(1) The Idaho plumbing board, referred to as the board, is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this act; and the board shall make, promulgate and publish such rules as may be necessary for carrying out the provisions of this act in order to effectuate the purposes thereof and for the orderly and efficient administration thereof, and except as may be limited or prohibited by law and the provisions of this act, such rules so made and promulgated shall have the force of statute.
(2) The board shall consist of five (5) members. The members shall be appointed at large by the governor and shall serve at the pleasure of the governor. Members shall be appointed for a term of three (3) years. Whenever a vacancy occurs, the governor shall forthwith appoint a qualified person to fill the vacancy for the unexpired portion of the term.
(3) All members of the board shall be United States citizens, residents of this state for not less than two (2) years, and qualified by knowledge, integrity and experience to properly execute the functions of the board. Two (2) members shall be members of the public at large with an interest in the rights of consumers of plumbing services; one (1) member shall be an active plumbing contractor with not less than five (5) years’ experience in the plumbing contracting business; one (1) member shall be an active plumbing contractor with not less than five (5) years in the plumbing contracting business with an additional background of experience in gas piping installations in buildings; and one (1) member shall be a journeyman plumber. All members of the board shall take, subscribe and file with the secretary of state an oath of office in the form, manner and time prescribed by chapter 4, title 59, Idaho Code.
(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties. At the board’s first meeting, the members shall elect one (1) of their number to be chairman. A majority of the board shall constitute a quorum for the transaction of business and not less than two (2) quorum meetings shall be held each year. The board may delegate to any member, or its chairman or other employees, the power to make investigations and hold hearings at any place it may deem proper, and to report findings to it; and may delegate to its chairman and employees the performance of ministerial functions.
(5) Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.
[(54-2605) 39-2705, added 1957, ch. 214, sec. 5, p. 454; am. 1974, ch. 39, sec. 26, p. 1023; am. and redesig. 1984, ch. 123, sec. 5, p. 284; am. 1986, ch. 306, sec. 1, p. 757; am. 1996, ch. 421, sec. 52, p. 1437; am. 2001, ch. 151, sec. 4, p. 549; am. 2016, ch. 340, sec. 30, p. 951; am. 2017, ch. 123, sec. 1, p. 292; am. 2021, ch. 222, sec. 23, p. 637.]
(1) The board shall have the general administration and supervision of the design, construction, installation, improvement, extension and alteration of plumbing and plumbing systems, except that which has been heretofore and hereinafter exempted from the jurisdiction of this board, in connection with all buildings, residences and structures in this state including buildings, residences and structures owned by the state or any political subdivision thereof.
(2) The division of occupational and professional licenses shall enforce the minimum standards and requirements therefor as provided by this chapter.
(3) The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter, and it may among other things:
(a) Establish the fees to be charged for permits and inspections of plumbing systems.
(b) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter, and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of plumbing and pipefitting and to the public upon request.
(c) Furnish standards and procedures and prescribe reasonable rules for examinations, qualification and certification of plumbing contractors and journeymen and apprentice plumbers not herein prescribed, including the establishment of continuing education requirements for journeymen and plumbing contractors.
(d) Require the furnishing of a compliance bond by plumbing contractors in an amount not to exceed two thousand dollars ($2,000) for the contractor classification or evidence of such coverage by a corporate industry group bond acceptable to the board.
(e) Furnish standards and procedures and prescribe reasonable rules to provide for the certification of specialty contractors, specialty journeymen, and specialty apprentices, including the furnishing of a compliance bond in an amount not to exceed two thousand dollars ($2,000) for the specialty contractor classification or evidence of coverage by a corporate industry group bond acceptable to the board.
(f) Establish by administrative rule civil penalties not to exceed one thousand dollars ($1,000) for each count or separate offense, to be paid for violations of this chapter and rules of the Idaho plumbing board; and to establish by administrative rule the process by which appeals from the imposition of civil penalties may be heard. The board is authorized to affirm, reject, decrease or increase the penalty imposed; however, the board shall not increase any penalty imposed to an amount exceeding one thousand dollars ($1,000) for each individual count or separate offense.
[(54-2606) 1957, ch. 214, sec. 11, p. 454; am. 1963, ch. 138, sec. 3, p. 392; am. 1974, ch. 39, sec. 29, p. 1023; am. and redesig. 1984, ch. 123, sec. 7, p. 285; am. 1995, ch. 253, sec. 1, p. 828; am. 1996, ch. 421, sec. 53, p. 1438; am. 2004, ch. 311, sec. 1, p. 872; am. 2009, ch. 126, sec. 1, p. 405; am. 2023, ch. 15, sec. 47, p. 102.]
(1) The administrator shall exercise such powers and duties as are reasonably necessary to enforce the minimum standards provided in this chapter, and he may among other things:
(a) Prescribe and establish procedures to effectuate the efficient enforcement of this chapter not herein prescribed;
(b) Appoint licensed staff inspectors who shall be authorized to enter and inspect by and through a properly identified person, at reasonable hours, plumbing and plumbing systems; and
(c) Make plumbing inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable plumbing codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in the rules promulgated by the board.
(2) It shall be the duty of the administrator to give notice to cities that supply sewer service to areas outside their city limits and who have requested in writing such notice from the administrator of all permits issued relative to sewer installations. The notice shall be given within ten (10) days from the date the permit was requested for such installation. The notice shall contain a map of the physical location of the installation and reference to the date of inspection if the city so requests.
[(54-2607) 39-2712, added 1957, ch. 214, sec. 12, p. 454; am. 1974, ch. 39, sec. 30, p. 1023; am. 1983, ch. 43, sec. 1, p. 101; am. and redesignated as sec. 54-2607, 1984, ch. 123, sec. 8, p. 286; am. 1996, ch. 421, sec. 54, p. 1438; am. 2004, ch. 250, sec. 8, p. 721; am. 2004, ch. 311, sec. 2, p. 873; am. 2005, ch. 25, sec. 98, p. 123; am. 2023, ch. 15, sec. 48, p. 103; am. 2026, ch. 221, sec. 15, p. 944.]
The administrator of the division of occupational and professional licenses shall have on the recommendation of the board the power to revoke, suspend or refuse to issue a renewal of any certificate of competency if the same was obtained through error or fraud, or if the holder thereof is shown to be grossly incompetent or has a second time violated any of the rules prescribed by the board, or as prescribed by this act. Before the administrator shall refuse to grant a renewal of said certificate to any applicant or shall revoke or suspend any certificate previously granted, he shall hold a hearing giving such applicant or holder of said certificate fifteen (15) days written notice of his intended action by registered mail directed to the applicant or holder at the address given on said certificate or in the application for said certificate, stating generally the basis for his intended action; and the applicant or holder of said certificate shall have the opportunity to produce testimony in his own behalf at a time and place specified in said notice. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. If the administrator, after the hearing, shall refuse to grant a renewal of said certificate or shall suspend or revoke any certificate previously granted, said applicant or holder of a certificate may seek judicial review of the administrator’s final order in accordance with the provisions of chapter 52, title 67, Idaho Code. Any person whose certificate has been revoked may, after the expiration of one (1) year from the date of revocation, but not before, apply for a new certificate of competency.
[(54-2608) 1957, ch. 214, sec. 13, p. 454; am. 1974, ch. 39, sec. 31, p. 1023; redesignated as sec. 54-2608, 1984, ch. 123, sec. 9, p. 287; am. 1993, ch. 216, sec. 83, p. 657; am. 1996, ch. 421, sec. 55, p. 1439; am. 2023, ch. 15, sec. 49, p. 104.]
The board shall determine the character and extent of the examination based upon the standards and requirements prescribed by this act, and upon certifications of examination results by the board, the director shall issue certificates of competency to the successful applicants.
[(54-2609) 1957, ch. 214, sec. 14, p. 454; am. 1974, ch. 39, sec. 32, p. 1023; redesignated as sec. 54-2609, 1984, ch. 123, sec. 10, p. 287.]
It shall be unlawful for any person or firm, copartnership, association or corporation, to engage in the business, trade, practice or work of plumbing in this state after the adoption of this chapter, unless such person, or responsible person representing such firm, copartnership, association or corporation, has successfully passed an examination as provided herein and has issued to him a state certificate of competency, which shall not be transferable, and said certificates of competency shall not be required for sewer contractors, sewage disposal contractors, or any excavating or utility contractors, or for their employees, as set forth and defined in section 54-2602(1)(f), Idaho Code.
[(54-2610) 1957, ch. 214, sec. 15, p. 454; am. 1975, ch. 173, sec. 2, p. 467; am. and redesignated as sec. 54-2610, 1984, ch. 123, sec. 11, p. 288; am. 2007, ch. 197, sec. 3, p. 600.]
There shall be three (3) classifications of competency in the business, trade, practice or work of plumbing and three (3) classifications of competency in the business, trade, practice or work of specialty plumbing, as follows:
(a) A plumbing contractor shall be any person, or a member, representative or agent of a firm, copartnership, association, or corporation skilled in the planning and supervision of the construction, installation, improvement, extension and alteration of plumbing systems, and who is familiar with the provisions of this act and the rules made by the Idaho plumbing board, and who is competent to offer and to assume to work on a contract basis and to direct the work of qualified employees. A contractor who in person does plumbing work shall also be qualified as a journeyman plumber, or have in his employ on all work a qualified journeyman.
(b) A plumbing journeyman shall be any person, who as his principal occupation, is engaged in the installation, improvement, extension and alteration of plumbing systems, and who is familiar with the provisions of this act and who works in the employ and under the direction of a plumbing contractor.
(c) A plumbing apprentice shall be any person, who as his principal occupation is engaged in learning and assisting in installation, improvement, extension and alteration of plumbing systems. Apprentices shall not perform plumbing work except under the supervision of a journeyman.
(d) A specialty contractor shall be any person, or a member, representative or agent of a firm, copartnership, association, or corporation skilled in the specialty classification for which he is certified and who is familiar with the provisions of this act and rules made by the Idaho plumbing board, and who is competent to offer and to assume work on a contract basis and to direct the work of qualified employees. A specialty contractor who in person does specialty work shall also be qualified as a specialty journeyman, or have in his employ on all work a specialty journeyman.
(e) A specialty journeyman shall be any person who is engaged in the specialty classification for which he is certified and who is familiar with the provisions of this act and who works in the employ and under the direction of a plumbing or specialty contractor.
(f) A specialty apprentice shall be any person who is engaged in learning and assisting in the specialty classification for which he is registered. Specialty apprentices shall not perform specialty work except under supervision of a specialty journeyman.
[(54-2611) 1957, ch. 214, sec. 16, p. 454; am. 1974, ch. 39, sec. 33, p. 1023; am. and redesignated as sec. 54-2611, 1984, ch. 123, sec. 12, p. 288; am. 1995, ch. 253, sec. 2, p. 829.]
Times and places for examinations shall be determined by the board and all applicants shall be notified thereof.
[(54-2612) 1957, ch. 214, sec. 17, p. 454; redesignated as sec. 54-2612, 1984, ch. 123, sec. 13, p. 288.]
All applications for examination shall be filed with the board on the form provided. When any person, or persons, is designated and authorized to be or act as an agent for the applicant, such authorization shall be in writing, signed by the applicant and the person designated, a certified copy of which shall be filed with the board. All applications shall expire and be cancelled after a period of one year if the applicant fails to appear for examination within such period.
[(54-2613) 1957, ch. 214, sec. 18, p. 454; redesignated as sec. 54-2613, 1984, ch. 123, sec. 14, p. 289.]
(1) All applicants shall pay to the board at the time of application for examination a fee in accordance with the following:
(a) Application for Plumbing Contractor
(b) Application for Plumbing Journeyman
(c) Application for Specialty Contractor
(d) Application for Specialty Journeyman
(2) Apprentices and specialty apprentices shall not be required to be examined for competency, but shall register as an apprentice or a specialty apprentice with the division of occupational and professional licenses and maintain such registration during the entire period in which they are accruing their experience. The registration fee for apprentices shall be fifty dollars ($50.00) per renewal. The registration fee for specialty apprentices shall be thirty dollars ($30.00) per renewal. The board may contract with a professional testing service to administer any licensing examination, and any contracted professional testing service shall be responsible to establish and collect the examination fee. Any person who fails to pass the examination may apply for reexamination at the next scheduled examination upon payment of the examination fee. Should any person fail to pass the examination the second time, the board may refuse to allow a subsequent examination until the expiration of one (1) year.
[(54-2614) 1957, ch. 214, sec. 19, p. 454; am. 1983, ch. 246, sec. 1, p. 666; redesignated as sec. 54-2614, 1984, ch. 123, sec. 15, p. 289; am. 1995, ch. 253, sec. 3, p. 830; am. 2009, ch. 111, sec. 1, p. 363; am. 2023, ch. 15, sec. 50, p. 105.]
Registration for an apprentice shall be valid for five (5) years and shall expire on the last day of the month in which it is set to expire unless renewed. Registration for a specialty apprentice shall be valid for three (3) years and shall expire on the last day of the month in which it is set to expire unless renewed. An apprentice registration or specialty apprentice registration may be renewed at any time during the month prior to its expiration. Failure of any apprentice to timely renew a registration shall cause a lapse of the registration, but it may be revived within one (1) year upon payment of the renewal fee.
[54-2614A, added 2004, ch. 244, sec. 1, p. 710; am. 2009, ch. 111, sec. 2, p. 364.]
Upon the applicant’s successful completion of an examination, as certified by the board, he shall be issued a certificate of competency in the form of a card, providing thereon the holder’s name, classification for which the applicant was examined, year current, space for the holder’s signature, the certificate number, and the signature of the administrator of the division of occupational and professional licenses.
[(54-2615) 1957, ch. 214, sec. 20, p. 454; am. 1974, ch. 39, sec. 34, p. 1023; redesignated as sec. 54-2615, 1984, ch. 123, sec. 16, p. 289; am. 1996, ch. 421, sec. 56, p. 1440; am. 2023, ch. 15, sec. 51, p. 105.]
Before a certificate is issued, and for the renewal thereof, the successful applicant shall pay to the division of occupational and professional licenses a fee in accordance with the following schedule:
| | Initial Fee | Renewal | | --- | --- | --- | | Plumbing Contractor | $75.00 | $36.00 | | Plumbing Journeyman | 15.00 | 7.20 | | Specialty Contractor | 75.00 | 36.00 | | Specialty Journeyman | 15.00 | 7.20 |
[(54-2616) 1957, ch. 214, sec. 21, p. 454; am. 1974, ch. 39, sec. 35, p. 1023; am. 1983, ch. 246, sec. 2, p. 667; redesignated as sec. 54-2616, 1984, ch. 123, sec. 17, p. 289; am. 1995, ch. 253, sec. 4, p. 830; am. 1996, ch. 421, sec. 57, p. 1440; am. 2004, ch. 244, sec. 2, p. 710; am. 2023, ch. 15, sec. 52, p. 105; am. 2024, ch. 86, sec. 23, p. 405.]
(1) Certificates of competency shall be issued for a period of three (3) years and shall expire three (3) years from the date of issue, unless sooner revoked or suspended.
(2) A certificate of competency for plumbing contractor or journeyman may be renewed at any time during the month prior to its expiration by providing proof of completion of the continuing education requirements as established by the board and compliance with all other renewal requirements of statute or rule. A certificate of competency for plumbing specialty contractor and specialty journeyman may be renewed at any time during the month prior to its expiration by compliance with all renewal requirements of statute or rule.
(3) Failure of any holder to timely renew a certificate of competency shall cause lapse of the certificate, but it may be revived within two (2) years without examination only upon payment of the full initial fee.
(4) The administrator may renew, on an inactive basis, a certificate of competency for a plumbing contractor or specialty contractor who is not engaged in plumbing contracting in this state. The board shall fix and collect an inactive license fee for such an inactive license renewal in an amount not to exceed thirty-six dollars ($36.00). A plumbing contractor or specialty contractor holding an inactive license may not engage in the practice of plumbing contracting or specialty contracting in this state. A plumbing contractor or specialty contractor’s inactive license may be converted to an active license by paying a processing fee of thirty dollars ($30.00) to the administrator, by providing proof of completion of the continuing education requirements for the duration of the inactive period that would have been required during that period for an active license, and by furnishing a compliance bond in the amount of two thousand dollars ($2,000) or evidence of such coverage by a corporate industry group bond acceptable to the board.
(5) In the event that a plumbing contractor dies or becomes otherwise incapacitated, a temporary plumbing contractor certificate of competency may be issued to an applicant who holds an active Idaho journeyman certificate of competency to represent the firm, company, copartnership, association or corporation previously represented by the deceased or incapacitated contractor. The holder of a temporary contractor certificate of competency may perform all the acts a plumbing contractor is authorized to do by this chapter and the rules promulgated by the board, with the exception of procuring a new permit from the division of occupational and professional licenses or from a city or a county or soliciting new work. A temporary contractor certificate of competency shall be valid for a period not longer than ninety (90) days from the date it is issued, and it may be renewed one (1) time by the administrator upon written request of the holder of the certificate.
(6) The board shall promulgate rules to provide for a staggered schedule of issuing and renewing certificates of competency.
[(54-2617) 1957, ch. 214, sec. 22, p. 454; redesignated as sec. 54-2617, 1984, ch. 123, sec. 18, p. 290; am. 2004, ch. 244, sec. 3, p. 710; am. 2009, ch. 126, sec. 2, p. 406; am. 2015, ch. 194, sec. 1, p. 602; am. 2018, ch. 211, sec. 1, p. 479; am. 2023, ch. 15, sec. 53, p. 106; am. 2024, ch. 54, sec. 3, p. 270.]
All holders of valid certificates in the contractor and specialty contractor classifications shall display a sign or card, upon a form prescribed and furnished by the division of occupational and professional licenses, for public view in their place of business. All journeymen and specialty journeymen shall have their certificate of competency on their persons or in the immediate vicinity of the work site during working hours. Apprentices and specialty apprentices shall have evidence of registration on their persons or in the immediate vicinity of the work site during working hours.
[(54-2618) 1957, ch. 214, sec. 23, p. 454; am. 1974, ch. 39, sec. 36, p. 1023; am. and redesig. 1984, ch. 123, sec. 19, p. 290; am. 1995, ch. 253, sec. 5, p. 831; am. 1996, ch. 421, sec. 58, p. 1440; am. 2004, ch. 311, sec. 3, p. 874; am. 2023, ch. 15, sec. 54, p. 107.]
No provision of this act shall deprive counties or incorporated cities, including those specially chartered, from collections of fees from permits and inspections. Notwithstanding the provisions of sections 50-304, 50-306, and 50-606, Idaho Code, no counties or cities, including those specially chartered, shall require occupational license fees from plumbing contractors and journeymen who possess a valid certificate of competency issued by the administrator of the division of occupational and professional licenses, except those counties or cities that have qualified plumbing inspectors.
[(54-2619) 1957, ch. 214, sec. 24, p. 454; am. 1963, ch. 138, sec. 4, p. 392; am. 1983, ch. 246, sec. 3, p. 667; am. and redesignated as sec. 54-2619, 1984, ch. 123, sec. 20, p. 290; am. 1996, ch. 421, sec. 59, p. 1441; am. 2023, ch. 15, sec. 55, p. 107; am. 2024, ch. 54, sec. 4, p. 271.]
(1) It shall be unlawful for any person, firm, copartnership, association or corporation to do, or cause or permit to be done, after the adoption of this act, whether acting as principal, agent or employee, any construction, installation, improvement, extension or alteration of any plumbing system in any building, residence or structure, or service lines thereto, in the state of Idaho without first procuring a permit from the division of occupational and professional licenses authorizing such work to be done, except:
(a) Within the boundaries of counties or incorporated cities, including those specially chartered, where such work is regulated and enforced by an ordinance or code equivalent to this chapter pursuant to the provisions of section 54-2601, Idaho Code; or
(b) Within such additional area within five (5) miles of the city limits over which such city has elected to exercise jurisdiction relative to building drains and building sewers pursuant to section 50-606, Idaho Code, on buildings, residences and structures being converted from an on-site sewage disposal system to a sewage disposal system supplied by the city, where such work is regulated and enforced by an ordinance or code equivalent to this chapter. Cities shall provide the division of occupational and professional licenses written notice of the area over which such jurisdiction will be exercised. No city may exercise such jurisdiction within the limits of another city unless both cities have agreed by ordinance to allow such jurisdiction. For purposes of this chapter, building drain and building sewer will be defined according to the definition found in the uniform plumbing code or as adopted by the board, pursuant to section 54-2601, Idaho Code.
(2) Permits shall be issued only to a person holding a valid certificate of competency, to a firm, copartnership, association or corporation represented by a person holding a valid certificate of competency, or to a person excepted or for work excepted from the certificate of competency requirements pursuant to section 54-2602(1)(a), (e), (f), (g), or (i), Idaho Code. Permits shall not be required for plumbing work described in section 54-2602(1)(b), (c), or (d), Idaho Code.
(3) Provided, a licensed plumber is hereby authorized, after making application for permit and pending receipt of permit, to proceed and complete improvements or alterations to plumbing systems when the cost of said improvement or alteration does not exceed the sum of five hundred dollars ($500). Inspection of such work shall be the responsibility of the permit holder pending an official inspection, which shall be made within sixty (60) days after notification of inspection.
[(54-2620) added 1957, ch. 214, sec. 25, p. 454; am. 1963, ch. 138, sec. 5, p. 392; am. 1974, ch. 39, sec. 37, p. 1023; am. 1982, ch. 287, sec. 1, p. 738; am. 1983, ch. 43, sec. 2, p. 102; am. and redesig. 1984, ch. 123, sec. 21, p. 290; am. 1996, ch. 421, sec. 60, p. 1441; am. 2007, ch. 197, sec. 4, p. 600; am. 2020, ch. 77, sec. 2, p. 167; am. 2023, ch. 15, sec. 56, p. 107; am. 2024, ch. 54, sec. 5, p. 271.]
A permit shall not be required for the clearing of stoppages or repairing of leaks in pipes, valves, fixtures, appliances or appurtenances of any plumbing system when such work does not involve or require any functional rearrangement of pipes, valves or fixtures comprising the plumbing system.
[(54-2621) 1957, ch. 214, sec. 26, p. 454; redesignated as sec. 54-2621, 1984, ch. 123, sec. 22, p. 291.]
Any person, firm, copartnership, association or corporation entitled to receive a permit, shall make application to the board on the form provided. A description of the work proposed to be done, location, ownership, occupancy and use of the premises shall be given. The board may require plans and specifications and such other information as may be deemed necessary and pertinent before granting a permit. When it has been determined that the information furnished by the applicant is in compliance with this act, the permit shall be issued upon payment of the fees as hereinafter fixed.
[(54-2622) 1957, ch. 214, sec. 27, p. 454; am. and redesignated as sec. 54-2622, 1984, ch. 123, sec. 23, p. 291.]
Notwithstanding the exception provided in subsection (1)(h) of section 54-2602, Idaho Code, the administrator of the division of occupational and professional licenses may make plumbing inspections of any modular building upon written request from the manufacturer.
(1) Inspections shall be made in accordance with the codes adopted in this chapter.
(2) Inspection fees shall be as provided in section 39-4303, Idaho Code.
(3) The administrator may issue inspection tags for inspections if the buildings are in compliance with the codes adopted in this chapter.
[54-2622A, added 2004, ch. 250, sec. 9, p. 722; am. 2007, ch. 197, sec. 5, p. 601; am. 2007, ch. 252, sec. 10, p. 747; am. 2023, ch. 15, sec. 57, p. 108.]
The applicant shall pay to the department at the time of application, a permit fee for each permit issued and an inspection fee in accordance with the schedule fixed by the Idaho plumbing board, which schedule shall not require inspection fees in amounts to exceed the expense of providing inspection.
[(54-2623) 1957, ch. 214, sec. 28, p. 454; am. 1974, ch. 39, sec. 38, p. 1023; am. and redesignated as sec. 54-2623, 1984, ch. 123, sec. 24, p. 292.]
All pipes, fittings, valves, vents, fixtures, appliances and appurtenances shall be inspected by a designated, qualified and properly identified agent of the division of occupational and professional licenses to ensure compliance with provisions of this act. In order to make inspections uniform and complete, the board shall make, promulgate and publish such rules as are necessary to ensure that any plumbing system has been designed, constructed, installed, improved, extended or altered in accordance with the provisions of this act and in accordance with the rules made, promulgated and published by the Idaho plumbing board.
[(54-2624) 1957, ch. 214, sec. 29, p. 454; am. 1974, ch. 39, sec. 39, p. 1023; redesignated as sec. 54-2624, 1984, ch. 123, sec. 25, p. 292; am. 1996, ch. 421, sec. 61, p. 1442; am. 2023, ch. 15, sec. 58, p. 108.]
The inspector shall either approve that portion of the work completed at the time of inspection or shall notify the permit holder wherein the same fails to comply with this act and the rules and regulations of the Idaho plumbing board, and when final inspection has been made and the work approved, the inspector shall certify to the owner or permit holder or agency serving the premises by attaching securely an inspector’s tag at the approximate service entrance that inspection has been made and found satisfactory as required by this act and ready for service.
[(54-2625) 1957, ch. 214, sec. 30, p. 454; am. and redesignated as sec. 54-2625, 1984, ch. 123, sec. 26, p. 292.]
It shall be the duty of the permit holder to notify the nearest representative of the division of occupational and professional licenses at least twelve (12) hours prior to the time of inspection, exclusive of Sundays and holidays, that he will be ready for inspection at a stipulated time. When reinspection is required after the final inspection because of failure to meet requirements of this act, it shall be made at a flat charge not to exceed the cost of reinspection.
[(54-2626) 1957, ch. 214, sec. 31, p. 454; am. 1974, ch. 39, sec. 40, p. 1023; redesignated as sec. 54-2626, 1984, ch. 123, sec. 27, p. 292; am. 1996, ch. 421, sec. 62, p. 1442; am. 2023, ch. 15, sec. 59, p. 108.]
(1) If an inspection requested by a permit holder is not performed within forty-eight (48) business hours, such permit holder shall be authorized to hire a third-party inspector to perform such inspection. The permit holder or third-party inspector shall notify the division or local government that such inspection is being completed by a third-party inspector. The permit holder shall provide a copy of the results of the completed inspection to the division or local government. A permit holder who obtains a third-party inspection under this section shall be refunded any fee, or portion thereof, that the permit holder paid to the division or local government for such inspection. If a local government contracts with and pays the division, county, or third party for an inspection that requires a refund pursuant to this section, the division, county, or third party shall be responsible for refunding the permit holder.
(2) The division or a local government shall refund ten percent (10%) of the fees, or the portion thereof, paid by a permit holder for an inspection if an inspector or plumbing code administrator:
(a) Conducts an inspection on the work relating to the permit;
(b) Determines that the work has failed an inspection; and
(c) Fails to, within three (3) business days, provide the permit holder or his agent with a reason for the failure of such inspection pursuant to the provisions of this chapter.
(3) A third-party inspector under this section shall meet the qualifications prescribed by section 54-2627, Idaho Code, and shall conduct the inspection in substantial accord with the applicable jurisdiction’s standards provided by law, rule, or ordinance.
[54-2626A, added 2026, ch. 232, sec. 2, p. 1011.]
The administrator of the division of occupational and professional licenses shall appoint such number of inspectors as may be required for the effective enforcement of this act. All inspectors shall be skilled in plumbing installations with not less than five (5) years actual experience, shall possess certificates of competency prior to appointment, and shall be fully familiar with the provisions of this act and rules made by both the administrator and the Idaho plumbing board. No inspector employed by the division of occupational and professional licenses and assigned to the enforcement of this act shall be engaged or financially interested in a plumbing business, trade, practice or work, or the sale of any supplies connected therewith, nor shall he act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation so engaged. Inspectors employed by municipalities electing to claim exemption under this act must possess the qualifications set forth in this section.
[(54-2627) 1957, ch. 214, sec. 32, p. 454; am. 1963, ch. 138, sec. 6, p. 392; am. 1974, ch. 39, sec. 41, p. 1023; am. and redesignated as sec. 54-2627, 1984, ch. 123, sec. 28, p. 293; am. 1996, ch. 421, sec. 63, p. 1442; am. 2000, ch. 120, sec. 2, p. 261; am. 2023, ch. 15, sec. 60, p. 109.]
Any person, or a firm, copartnership, association or corporation by and through a member, representative or agent, who shall engage in the business, trade, practice or work of plumbing without a certificate of competency or without registration, or perform work without a permit as provided by this act, or who shall violate any provision of this act or the rules made by both the administrator of the division of occupational and professional licenses and the Idaho plumbing board herein provided for, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator shall be guilty of a misdemeanor and shall be subject to a fine of not less than ten dollars ($10.00) or more than three hundred dollars ($300), or to imprisonment in the county jail not to exceed thirty (30) days, or both. Each such violation shall constitute a separate offense.
[(54-2628) 1957, ch. 214, sec. 33, p. 454; am. 1974, ch. 39, sec. 42, p. 1023; redesignated as sec. 54-2628, 1984, ch. 123, sec. 29, p. 293; am. 1996, ch. 421, sec. 64, p. 1443; am. 2023, ch. 15, sec. 61, p. 109.]
All fees, charges, and fines received by the board pursuant to he provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected pursuant to this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-2630, added 2021, ch. 224, sec. 59, p. 682.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial account" means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under this chapter.
(2) "Commercial enterprise" means a corporation, partnership, limited liability company, association, state agency, political subdivision of the state, public corporation, or any other legal or commercial entity.
(3) "Commercial metal property" means property sold by a commercial enterprise consisting of: access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a municipality, governmental entity or a commercial enterprise, including, but not limited to, a telephone, cable, electric, water, natural gas, or other utility, or railroad materials; copper or aluminum wiring with associated clamps and connectors; aluminum or stainless steel fence panels; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; agricultural irrigation equipment not limited to wheels, sprinkler heads, or pivots or pipes; or catalytic converters.
(4) "Nonferrous metal property" means metal property for which the value of the metal property is derived from the property’s content of copper, brass, aluminum, bronze, lead, zinc, nickel, gold, silver, platinum, rhodium, palladium, and their alloys, but shall not include aluminum beverage containers, used beverage containers or similar beverage containers; however, the term includes stainless steel beer kegs and catalytic converters.
(5) "Record" means a paper, electronic, or other method of storing information.
(6) "Scrap metal business" means a scrap metal supplier, scrap metal recycling center, or scrap metal processor that is a commercial enterprise that purchases, receives and processes nonferrous metal property, stainless steel or commercial metal property.
(7) "Scrap metal processor" means a person with a current business license that conducts business from a permanent location, that is engaged in the business of purchasing or receiving metal property for the purpose of altering the metal in preparation for its use as feedstock in the manufacture of new products, and that maintains a hydraulic bailer, shearing device, crusher or shredding device for recycling.
(8) "Scrap metal recycling center" means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to another scrap metal business and that maintains a fixed place of business within the state.
(9) "Scrap metal supplier" means a person that is engaged in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycling center or scrap metal processor and that does not maintain a fixed business location in the state.
(10) "Transaction" means a pledge, or the purchase of, or the trade of any item of nonferrous metal property by a scrap metal business from a member of the general public. "Transaction" does not include donations or the purchase or receipt of nonferrous metal property by a scrap metal business from a commercial enterprise, from another scrap metal business, or from a duly authorized employee or agent of the commercial enterprise or scrap metal business.
[54-2701, added 2009, ch. 152, sec. 2, p. 441; am. 2013, ch. 286, sec. 1, p. 738; am. 2014, ch. 321, sec. 1, p. 795; am. 2023, ch. 238, sec. 1, p. 736.]
(1) At the time of a transaction, every scrap metal business doing business in this state shall produce, wherever that business is conducted, an accurate and legible record of each transaction involving nonferrous metal property or stainless steel metal property. This record must be written in the English language, documented on a standardized form or in electronic form, retained for five (5) years and contain the following information:
(a) The signature of the person with whom the transaction is made;
(b) The date, location and value of the transaction;
(c) The name of the employee representing the scrap metal business in the transaction;
(d) The name and street address of the person with whom the transaction is made;
(e) A photocopy or digital image of a current driver’s license that is valid to operate a motor vehicle in the state of Idaho or a United States or Idaho government-issued picture identification of the seller; and
(f) The license plate number of any vehicle required to have such a plate, if any, used by the person with whom the transaction is made.
(2) For every transaction that involves nonferrous or stainless steel metal property, every scrap metal business doing business in the state shall require the person with whom a transaction is being made to sign a declaration, which record must be maintained for five (5) years.
The declaration may be included as part of the transactional record required under subsection (1) of this section, or on a receipt for the transaction. The declaration must state substantially the following: "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property."
The declaration must be signed and dated and the time of day noted by the person with whom the transaction is being made. An employee of the scrap metal business must witness the signing and dating of the declaration and sign the declaration accordingly before any transaction may be consummated.
(3) All transactions involving the sale of nonferrous metal property shall include a digital, photographic or videographic image of the transaction to include the person, property and vehicle involved in the transaction. Such images shall be used exclusively for the purposes as defined in this section. The provisions of this subsection shall not apply upon and after the fourth purchase from the same member of the general public to the same scrap metal business within one (1) year.
[54-2702, added 2009, ch. 152, sec. 2, p. 442; am. 2013, ch. 286, sec. 2, p. 739; am. 2014, ch. 321, sec. 2, p. 796.]
(1) No scrap metal business may enter into a transaction to purchase or receive nonferrous metal property or stainless steel from any person who cannot produce identification as described in section 54-2702(1)(e), Idaho Code.
(2) No scrap metal business may purchase or receive commercial metal property unless the seller: (a) Has a commercial account with the scrap metal business; (b) can prove ownership of the property by producing written documentation that the seller is the owner of the property; or (c) can produce written documentation that the seller is an employee or agent authorized to sell the property on behalf of a commercial enterprise.
(3) No scrap metal business may enter into a transaction to purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the seller can produce written proof to the scrap metal business that the wire was lawfully burned or lawfully recovered from a burned structure.
(4) No scrap metal business may purchase or receive beer kegs from anyone except a distributor or manufacturer of beer kegs or licensed brewery.
[54-2703, added 2009, ch. 152, sec. 2, p. 443.]
(1) Every scrap metal business must create and maintain a permanent record with a commercial enterprise, including another scrap metal business, in order to establish a commercial account. That record, at a minimum, must be retained for five (5) years and must include the following information:
(a) The full name of the commercial enterprise or commercial account;
(b) The business address and telephone number of the commercial enterprise or commercial account;
(c) The full name of the primary contact of the commercial enterprise or whoever is authorized to deliver nonferrous metal and stainless steel and commercial metal property to the scrap metal business; and
(d) The full name of the primary contact of the commercial enterprise who is authorized to permit a scrap metal business to take possession of nonferrous metal and stainless steel and commercial metal property at the business location of the commercial enterprise.
(2) The record maintained by a scrap metal business for a commercial account must document every purchase or receipt of nonferrous metal and stainless steel and commercial metal property made in the previous five (5) years from the commercial enterprise. The documentation must include, at a minimum, the following information:
(a) The time, date and value of the property being purchased or received;
(b) A description of the predominant types of property being purchased or received.
(3) Payment for nonferrous metal and stainless steel and/or commercial metal property purchased or received by the scrap metal business under a commercial account will be made by cash, credit cards, electronic funds transfer or check payable to the commercial enterprise.
[54-2704, added 2009, ch. 152, sec. 2, p. 443; am. 2014, ch. 321, sec. 3, p. 797.]
Upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall make available a full, true, and correct record from the purchase or receipt of nonferrous metal property or stainless steel involving a specific individual, vehicle, or item of nonferrous metal property or commercial metal property provided that such record still exists at the time of inquiry. This information may be transmitted within a specified time of not less than five (5) business days to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county’s chief law enforcement officer. The scrap metal business and law enforcement may arrange a time for law enforcement to review records in lieu of providing the records as set forth in this section.
[54-2705, added 2009, ch. 152, sec. 2, p. 444; am. 2014, ch. 321, sec. 4, p. 798.]
Following notification, either verbally or in writing, from a commissioned law enforcement officer of the state or any of its political subdivisions, that an item of nonferrous metal property, stainless steel, or commercial metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling and shall place an identifying tag or other suitable identification upon the property. The scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of five (5) business days.
[54-2706, added 2009, ch. 152, sec. 2, p. 444; am. 2014, ch. 97, sec. 33, p. 291; am. 2014, ch. 321, sec. 5, p. 798.]
(1) It is a misdemeanor for:
(a) Any person to deliberately remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of nonferrous metal property or commercial metal property in order to deceive a scrap metal business;
(b) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;
(c) Any person to sign the declaration required under this chapter knowing that the nonferrous metal property subject to the transaction is stolen;
(d) Any scrap metal business to knowingly possess commercial metal property that was not lawfully purchased or received under the requirements of this chapter;
(e) Any scrap metal business to engage in a series of transactions valued at less than twenty dollars ($20.00) with the same seller at the same location within a twenty-four (24) hour period of time for the purposes of avoiding the requirements of this chapter; or
(f) Any person to intentionally violate the provisions of section 54-2703, Idaho Code.
(2) Any person, other than a scrap metal business, who has pled guilty to or been found guilty of violating the provisions of this section for a second time within five (5) years is guilty of a felony.
(3) A person who knowingly and intentionally takes copper or other nonferrous metals from an electrical substation without authorization of the utility, or who knowingly and intentionally takes copper or other nonferrous metals from a utility or communications services provider, thereby causing damage to the facilities of a utility or communications services provider, or interfering with the ability of a utility or communications services provider to provide service, is guilty of a felony.
(4) (a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property.
(b) A public or private owner of metal property is not civilly liable to a person for injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner’s metal property when the owner did not know, and could not have reasonably known, of the dangerous condition.
This section does not create or impose a duty of care upon an owner of metal property that would not otherwise exist under common law.
[54-2707, added 2009, ch. 152, sec. 2, p. 444; am. 2013, ch. 286, sec. 3, p. 740; am. 2014, ch. 321, sec. 6, p. 798.]
The provisions of this chapter do not apply to transactions conducted by the following:
(1) Motor vehicle dealers that do not meet the definition of a scrap metal business as described in section 54-2701, Idaho Code;
(2) Persons in the business of operating an automotive repair facility that do not meet the definition of a scrap metal business as described in section 54-2701, Idaho Code;
(3) Persons in the business of buying or selling empty food and beverage containers, including metal food and beverage containers, except beer kegs;
(4) Transactions of a value of less than twenty dollars ($20.00);
(5) Entities or individuals who do not receive compensation for the metal property; and
(6) Authorized insurers as defined in section 41-110(1), Idaho Code.
[54-2708, added 2009, ch. 152, sec. 2, p. 444; am. 2014, ch. 321, sec. 7, p. 799.]
(1) This chapter shall be known as the "Idaho Professional Geologists Act."
(2) In order to safeguard life, health, and property, and to promote the public welfare, the practice of geology in this state is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice, or offer to practice, geology for others in this state, as defined in the provisions of this chapter, or to use in connection with his name or otherwise assume, or advertise any title or description tending to convey the impression that he is a geologist, unless such person has been duly registered or is otherwise exempted under the provisions of this chapter. The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by the certificate of registration, and shall not be transferable.
[54-2801, added 1971, ch. 137, sec. 1, p. 576; am. 2008, ch. 249, sec. 1, p. 731.]
(1) Within the intent of this chapter, it is recognized that "geology" is a fundamental science dealing with the physical earth, the organisms, materials and structures composing the earth, the physical forces affecting the earth, and the utilization of the knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials insofar as these factors may influence the safety and public welfare.
The terms, "geology and professional geology," within the intent of this chapter, shall include any professional service such as consultation, investigation, evaluation, planning, and mapping, or responsible supervision of such activities in connection with any public or private project, as governed by the principles of geology, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such service is rendered in a professional capacity and requires the application of geologic principles and data.
A person shall be construed to practice or offer to practice geology, within the meaning and intent of this chapter, who practices any branch of the profession of geology; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a geologist, or through the use of some other title implies that he is a geologist or that he is registered under this chapter; or who holds himself out as able to perform, or who does perform any geological services or work recognized as geology.
Further, within the intent of this chapter, it is recognized that the information derived from geological studies may be utilized in various associated fields or sciences concerned with the safety and public welfare.
Registration under this chapter, however, does not qualify the registrant to practice professionally in any field or science other than geology.
(2) The term "geologist," within the intent of this chapter, shall mean a person who is qualified by reason of his knowledge of principles of geology, the physical sciences, and mathematics acquired by education and practical experience, to engage in the practice of professional geology.
(3) The term "professional geologist," as used in this chapter, shall mean a person who has been duly registered by the state board of registration for professional geologists.
(4) The term "board" as used in this chapter shall mean the state board of registration for professional geologists, hereinafter provided by this chapter.
[54-2802, added 1971, ch. 137, sec. 2, p. 576; am. 2002, ch. 266, sec. 1, p. 789.]
A state board of registration for professional geologists is hereby created in the division of occupational and professional licenses whose duty it shall be to administer the provisions of this chapter. The board shall consist of five (5) members, who shall be appointed by and shall serve at the pleasure of the governor, four (4) of whom shall have the qualifications required by section 54-2804, Idaho Code, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of geologist services.
The board shall be comprised of members representing at least three (3) of the following categories: academic geologists, government geologists, salaried company geologists and independent or consultant geologists.
Each member of the board shall take, subscribe and file the oath required by chapter 4, title 59, Idaho Code, before entering upon the duties of his office. On the expiration of the term of any member his successor shall be appointed in like manner by the governor for a term of five (5) years.
Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified.
[54-2803, added 1971, ch. 137, sec. 3, p. 576; am. 1974, ch. 13, sec. 175, p. 138; am. 2002, ch. 266, sec. 2, p. 790; am. 2016, ch. 340, sec. 31, p. 952; am. 2021, ch. 222, sec. 24, p. 638.]
All members of the board shall be citizens of the United States and residents of this state. Members who are licensed under the provisions of this chapter shall have been engaged in the practice of geology for at least seven (7) years and shall never have been the subject of a disciplinary action under the provisions of this chapter.
[54-2804, added 1971, ch. 137, sec. 4, p. 576; am. 2002, ch. 266, sec. 3, p. 790; am. 2009, ch. 75, sec. 1, p. 210; am. 2016, ch. 340, sec. 32, p. 952.]
Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.
[54-2805, added 1971, ch. 137, sec. 5, p. 576; am. 1980, ch. 247, sec. 72, p. 639; am. 2002, ch. 266, sec. 4, p. 790.]
Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-2803, Idaho Code.
[54-2806, added 1971, ch. 137, sec. 6, p. 576; am. 2008, ch. 249, sec. 2, p. 731; am. 2016, ch. 340, sec. 33, p. 952.]
The board shall hold at least one (1) regular meeting each year. The board may provide for such additional regular meetings as necessary and for special meetings. Notice of all meetings shall be given as may be provided in the open meeting law. The board shall annually elect a chairman and a vice chairman, who shall be members of the board. Three (3) members shall constitute a quorum.
[54-2807, added 1971, ch. 137, sec. 7, p. 576; am. 2002, ch. 266, sec. 5, p. 790; am. 2008, ch. 249, sec. 3, p. 731.]
(1) The board shall have the power to adopt and amend rules including, but not limited to, a code of ethics and standards of conduct which may be reasonably necessary for the proper performance of its duties and the administration of this chapter and the regulation of proceedings before the board.
(2) The board is authorized to enter into mutual aid agreements, interstate compacts, contracts or agreements to facilitate the practice and regulation of geology in this state.
[54-2808, added 1971, ch. 137, sec. 8, p. 576; am. 1974, ch. 13, sec. 176, p. 138; am. 2002, ch. 266, sec. 6, p. 791; am. 2009, ch. 75, sec. 2, p. 210; am. 2022, ch. 94, sec. 39, p. 308; am. 2026, ch. 221, sec. 16, p. 945.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-2809, added 1971, ch. 137, sec. 9, p. 576; am. 1994, ch. 180, sec. 104, p. 495; am. 2002, ch. 266, sec. 7, p. 791; am. 2008, ch. 249, sec. 4, p. 732; am. 2022, ch. 94, sec. 40, p. 309.]
(1) No applicant shall be registered having habits of character that would justify revocation or suspension of registration, as provided in section 54-2819, Idaho Code. The following shall be considered as minimum evidence that the applicant is qualified for registration as a professional geologist:
(a) Completion of thirty (30) semester units in courses in geological science leading to a degree in the geological sciences of which at least twenty-four (24) units are in third or fourth year, and/or graduate courses, successfully pass examinations approved by the board; and have at least seven (7) years of professional geological work which shall include either a minimum of three (3) years of professional geological work under the supervision of a registered geologist; or, wherein the applicant has been under the direct supervision of an individual acceptable to the board, or, wherein the applicant has demonstrated five (5) years of progressive experience in responsible charge of geological work that is acceptable to the board.
(b) Each year of undergraduate study in the geological sciences shall count as one-half (1/2) year of training up to a maximum of two (2) years, and each year of graduate study or research counts as a year of training.
(c) Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total annual teaching experience includes six (6) semester units of third or fourth year or graduate courses.
(d) Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four (4) years towards meeting the requirement for at least seven (7) years of professional geological work pursuant to this section.
(e) The ability of the applicant shall have been demonstrated by having performed the work in a responsible position, as the term "responsible position" is defined in rules adopted by the board. The adequacy of the required supervision and experience shall be determined in accordance with standards set forth in the rules adopted by the board.
(f) Three (3) references from geologists in responsible positions must be filed with the application for registration.
(2) A person holding a certificate of registration to engage in the practice of geology, issued to him by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, who, in the opinion of the board, meets the requirements of this chapter, based on verified evidence may, upon application, be registered without further examination.
An applicant otherwise qualified as prescribed in this chapter need not be actively engaged in the practice of geology to be eligible for registration.
[54-2812, added 1971, ch. 137, sec. 12, p. 576; am. 1983, ch. 141, sec. 1, p. 348; am. 2002, ch. 266, sec. 10, p. 792; am. 2008, ch. 249, sec. 5, p. 732; am. 2015, ch. 196, sec. 1, p. 605.]
Applications for registration shall be on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s education and a detailed summary of his geologic work.
(1) The application fee for professional geologists shall be set by the board at not more than one hundred dollars ($100).
(2) Should the board deny the issuance of a certificate of registration to any applicant, the application fee shall be retained by the board.
[54-2813, added 1971, ch. 137, sec. 13, p. 576; am. 1992, ch. 71, sec. 1, p. 206; am. 2002, ch. 266, sec. 11, p. 794; am. 2008, ch. 249, sec. 6, p. 733.]
Examinations shall be held at such time and place as the board shall determine. The complete professional examination for registration as a professional geologist shall consist of a written examination that covers subjects ordinarily contained in a college curriculum and a written examination that covers the practice of geology. The board shall establish by rule the approved examinations, their passing score and an applicant’s eligibility to take the examinations.
[54-2814, added 1971, ch. 137, sec. 14, p. 576; am. 1992, ch. 71, sec. 2, p. 207; am. 2002, ch. 266, sec. 12, p. 794; am. 2008, ch. 249, sec. 7, p. 733; am. 2015, ch. 196, sec. 2, p. 606.]
The board shall issue a certificate of registration upon payment of a certificate fee as set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. Certificates of registration shall show the full name of the registrant, shall give a serial number, and shall be signed by the chairman of the board.
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named thereon is entitled to all the rights and privileges of a registered professional geologist, while the certificate remains current and in good standing.
All drawings, specifications, reports, or other geologic papers or documents involving geologic work as defined in section 54-2802, Idaho Code, which shall have been prepared or approved by a registered geologist or prepared by a subordinate employee under the direction of a registered geologist, for the use of or for delivery to any person or for public record within this state shall be signed by the geologist or be impressed with an authorized seal or the seal of a nonresident practicing under the provisions of section 54-2822, Idaho Code, either of which shall indicate responsibility for the papers or documents.
Each registrant hereunder may, upon registration, obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend "registered professional geologist."
It shall be unlawful for any person to affix a signature, stamp or seal to any document, after the certificate of the registrant named thereon has expired or been suspended or revoked, unless said certificate shall have been renewed, reinstated, or reissued.
[54-2815, added 1971, ch. 137, sec. 15, p. 576; am. 2002, ch. 266, sec. 13, p. 794; am. 2008, ch. 249, sec. 8, p. 734.]
Renewal of a certificate of registration may be effected at any time prior to expiration, the payment of a renewal fee to be fixed by the board at not more than two hundred dollars ($200) biennially. All certificates of registration issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed. The maximum fee for reinstatement shall not exceed four hundred dollars ($400) as determined by the rules of the board. All renewals and reinstatements shall be in accordance with section 67-2614, Idaho Code.
[54-2816, added 1971, ch. 137, sec. 16, p. 576; am. 1992, ch. 71, sec. 3, p. 207; am. 2008, ch. 249, sec. 9, p. 735; am. 2024, ch. 86, sec. 24, p. 405.]
As to geology work performed within the state of Idaho, this state and its political subdivisions, such as county, city, or legally constituted boards, districts, commissions or authorities, shall contract for geological services only with persons registered under this chapter, provided further that nothing in this section or chapter shall be construed to prevent registered professional engineers from lawfully practicing soils mechanics, foundation engineering, geological engineering, and other professional engineering, as provided in chapter 12, title 54, Idaho Code, and licensed architects from lawfully practicing architecture as provided in chapter 3, title 54, Idaho Code.
[54-2818, added 1971, ch. 137, sec. 18, p. 576; am. 2009, ch. 75, sec. 4, p. 211.]
The board shall have the power to take disciplinary action upon a determination that an individual:
(1) Made, or caused to be made, a false, fraudulent or forged statement, document, credentials or representation in procuring or attempting to procure a certificate of registration to practice geology;
(2) Practiced geology under a false or assumed name;
(3) Was convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of action constituting a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(4) Violated the provisions of this chapter or rules, standards of conduct and practice, or any ethical codes as may be adopted by the board;
(5) Is or has been grossly negligent, incompetent, or reckless in the practice of geology; or
(6) Has had a license, certificate, or registration to practice as a professional geologist suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of such suspension or revocation.
[54-2819, added 1971, ch. 137, sec. 19, p. 576; am. 1993, ch. 216, sec. 84, p. 658; am. 2002, ch. 266, sec. 14, p. 795; am. 2009, ch. 75, sec. 5, p. 211; am. 2020, ch. 175, sec. 27, p. 535; am. 2025, ch. 151, sec. 4, p. 739; am. 2026, ch. 221, sec. 17, p. 945.]
Any person who shall practice, or offer to practice, professional geology for others in this state without being registered in accordance with the provisions of this chapter, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or a revoked certificate of registration or practice at any time during a period the board has suspended or revoked a certificate of registration or any person who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor.
[54-2821, added 1971, ch. 137, sec. 21, p. 576; am. 1974, ch. 13, sec. 177, p. 138; am. 2009, ch. 75, sec. 6, p. 212; am. 2026, ch. 221, sec. 93, p. 976.]
This act shall not be construed to prevent or to affect:
(a) The practice of any profession or trade for which a license is required under any law of this state; or
(b) The practice of professional geology by a person not a resident of and having no established place of business in this state, when such practice does not exceed in the aggregate more than thirty (30) days in any calendar year and provided such person is duly licensed or registered to practice such profession in a state in which the requirements and qualifications for obtaining a certificate of registration or license are not lower than those specified in this act for obtaining the registration required for such work, upon examination, and provided further that such nonresident shall file with the board, on or before entering the state for commencing such work, a statement giving his name, residence, the number of his license or certificate of registration, and by what authority issued, and upon the completion of the work, a statement of the time engaged in such work within the state; or
(c) The practice of a person not a resident of and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than thirty (30) days in any calendar year the profession of geology, if he shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this act; provided, that such a person is legally qualified by registration to practice said profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this act. Such practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or
(d) The work of an employee or a subordinate of a person holding a certificate of registration under this act, or an employee of a person practicing lawfully under subsection (a), (b) or (c) of this section, provided that such work is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this act or a person practicing lawfully under subsection (a), (b) or (c) of this section; or
(e) The practice of officers and employees of the United States while engaged within this state in the practice of the profession of geology for said government; or
(f) This act shall not be construed to prevent or to affect the practice of geology by staff members of a corporation or a company as long as data acquired by them is for internal corporate or company use only.
[54-2822, added 1971, ch. 137, sec. 22, p. 576.]
This chapter shall be known and may be cited as the "Speech and Hearing Services Practice Act."
[54-2901, added 2005, ch. 277, sec. 2, p. 852.]
To protect the public health, safety and welfare, and to provide for administrative supervision, licensure and regulation, every person practicing or offering to practice audiology, speech-language pathology, sign language interpreting or hearing aid dealing and fitting services as defined in this chapter, who meets and maintains prescribed standards of competence and conduct, shall be licensed as provided in this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
[54-2902, added 2005, ch. 277, sec. 2, p. 852; am. 2017, ch. 67, sec. 1, p. 157.]
As used in this chapter:
(1) "Applicant" means a person applying for a license or permit under this chapter.
(2) "Audiologist" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter and is engaged in the practice of audiology.
(3) "Board" means the speech, hearing and communication services licensure board.
(4) "Department" means the department of self-governing agencies.
(5) "Division" means the division of occupational and professional licenses.
(6) "Hearing aid" means any wearable electronic instrument or other device designed for the purpose of aiding or compensating for a loss of human hearing and any parts, attachments or accessories, including earmolds attached to the hearing aid, but excluding batteries and cords. "Hearing aid" does not include those devices classified by the federal food and drug administration as assistive listening devices.
(7) "Hearing aid dealer and fitter" means a person licensed pursuant to this chapter to provide hearing aid evaluations and to sell, dispense and fit hearing aids in the state of Idaho.
(8) "Hearing aid evaluation" means the measurement of human hearing for the purpose of selecting or adapting a hearing aid, and not for obtaining medical diagnosis or legal documentation, and includes the following:
(a) Air conduction threshold testing;
(b) Bone conduction threshold testing;
(c) Speech reception threshold testing;
(d) Speech discrimination testing;
(e) Most comfortable loudness level testing; and
(f) Uncomfortable loudness level testing.
(9) "Improper fitting" means a pattern of hearing aid selections or adaptations that cause physical damage to any portion of the ear in which the electroacoustic characteristics of the hearing aid are inadequate for the consumer, or in which the hearing aid is physically or acoustically unsuited to the consumer including, but not limited to:
(a) An all-in-the-ear hearing aid that continually falls out of the ear;
(b) Any hearing aid or earmold that causes inappropriate feedback, pain or discomfort to the ear within thirty (30) days of the original delivery of the hearing aid to the consumer;
(c) Fitting a consumer with impacted cerumen; or
(d) Fitting a consumer with either an apparent unilateral sensorineural hearing loss or a significant air-bone gap without prior medical evaluation and approval.
(10) "License" means a license issued by the board under this chapter.
(11) "Practice of audiology" means to apply the principles, methods and procedures of measurement, evaluation, testing, counseling, consultation and instruction that relate to the development and disorders of hearing, vestibular functions and related language and speech disorders to prevent, modify or rehabilitate the disorders or to assist individuals in auditory and related skills for communication, and may include intraoperative monitoring and the fitting, adjustment, programming, selling and dispensing of hearing aids and assistive devices.
(12) "Practice of fitting and dealing in hearing aids" means the selection, adaptation, dispensing, fitting or sale of hearing aids, and includes the testing of hearing by means of an audiometer, or by any other device designed specifically for these purposes. The practice also includes the making of impressions for earmolds.
(13) "Practice of sign language interpreting" means the application of the process of providing effective communication between and among persons who are deaf, hard of hearing or deaf-blind, speech impaired and those who can hear. The process includes, but is not limited to, communication between American sign language or other forms of manual communication and English. The process may also involve various other modalities that involve visual, gestural and tactile methods.
(14) "Practice of speech-language pathology" means the application of principles, methods and procedures of measurement, evaluation, testing, counseling, rehabilitation, screening, consultation and instruction that relate to the development and disorders of human communication including, but not limited to, speech (articulation, fluency, voice, accent reduction) and language, swallowing, cognitive communication disorders, augmentative and alternative communication systems and related hearing disorders.
(15) "Provisional permit" means a permit issued to an applicant who is registered to obtain required experience to become licensed.
(16) "Sign language interpreter" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who engages in the practice of sign language interpreting.
(17) "Speech-language pathologist" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who engages in the practice of speech-language pathology.
(18) "Speech-language pathologist aide" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and who works under the direction and supervision of a speech-language pathologist. A speech-language pathologist aide shall not act or provide services independently of a supervising speech-language pathologist licensed in Idaho.
(19) "Speech-language pathologist assistant" means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter, and works under the direction and supervision of a speech-language pathologist. A speech-language pathologist assistant shall not act or provide services independently of a supervising speech-language pathologist licensed in Idaho.
(20) "Video remote interpreting provider" means a person or entity registered to do business in the state of Idaho and licensed to provide video remote interpreting services.
(21) "Video remote interpreting services" means the use of videoconferencing technology with the intent to provide the practice of sign language interpreting.
[54-2903, added 2005, ch. 277, sec. 2, p. 853; am. 2017, ch. 67, sec. 2, p. 157; am. 2020, ch. 12, sec. 4, p. 24; am. 2022, ch. 94, sec. 41, p. 309; am. 2025, ch. 176, sec. 1, p. 827.]
(1) Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in the practice or to perform or offer to practice audiology or speech-language pathology or sign language interpreting or to act as a hearing aid dealer and fitter unless such person is duly licensed in accordance with this chapter. A license issued pursuant to this chapter shall be posted in the licensee’s established place of business, or proof of licensure carried upon the person shall be presented upon demand. The proof of licensure required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.
(2) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "audiologist," "audiometrist," "hearing clinician," "hearing therapist," or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology, unless such services are provided by an audiologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905(1)(c), Idaho Code.
(3) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "speech pathologist," "speech therapist," "speech correctionist," "speech clinician," "language therapist," "language pathologist," "voice therapist," "voice pathologist," "logopedist," "communicologist," "aphasiologist," or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of speech-language pathology, unless such services are provided by a speech-language pathologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905(1)(c), Idaho Code.
(4) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "hearing aid dealer and fitter" or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology or hearing aid dealing and fitting, unless such services are provided by an audiologist or hearing aid dealer and fitter licensed in accordance with this chapter.
(5) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words "sign language interpreter" or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of sign language interpreting, unless such services are provided by a sign language interpreter licensed in accordance with this chapter.
[54-2904, added 2005, ch. 277, sec. 2, p. 854; am. 2017, ch. 67, sec. 3, p. 159; am. 2019, ch. 44, sec. 1, p. 122.]
(1) Nothing in this chapter shall be construed to restrict:
(a) Any person licensed or regulated by the state of Idaho from engaging in the profession or practice for which he or she is licensed or regulated, including but not limited to any certified or accredited teacher of the deaf, nurse, physician, occupational therapist, physical therapist, surgeon, or any other licensed or regulated practitioner of the healing arts;
(b) Any employee working under the direct supervision of those persons referred to in this section, as long as such employee does not hold himself or herself out as an audiologist, speech-language pathologist, speech-language pathologist aide or assistant, sign language interpreter, hearing aid dealer or fitter, or a person engaged in the practice of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting; or
(c) Any person working in an Idaho public school setting who has received and holds, in good standing, a pupil personnel services certificate with a speech-language pathologist endorsement or audiologist endorsement, or any person working as a speech-language pathologist aide or speech-language pathologist assistant, as those terms are defined in section 54-2903, Idaho Code, in a public school setting under the direction and supervision of a person with such endorsement in good standing. Such persons, while practicing in the public school setting, shall be exempt from all provisions of this chapter; provided however, that any such person working in an Idaho public school setting with a pupil personnel services certificate with a speech-language pathologist endorsement or audiology endorsement, or a speech-language pathologist aide or speech-language pathologist assistant, shall be prohibited from practicing independently in a setting other than a public school unless such person is duly licensed as set forth in this chapter.
(2) Licensure shall not be required for persons pursuing a course of study leading to a degree in audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting at a college or university with a curriculum acceptable to the board provided that:
(a) Activities and services otherwise regulated by this chapter constitute a part of a planned course of study at that institution;
(b) Such persons are designated by a title such as "intern," "trainee," "student," or by other such title clearly indicating the status appropriate to their level of education; and
(c) Such persons work under the supervision of a person licensed by this state to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting in accordance with administrative rules governing supervision as adopted by the board. The supervising audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter accepts full responsibility for the activities and services provided by such persons supervised.
(3) Nothing in this chapter shall restrict a person residing in another state or country and authorized to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing or fitting in that jurisdiction, who is called in consultation by a person licensed in this state to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting, or who, for the purpose of furthering audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting education, is invited into this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, as long as such person does not open an office or appoint a place to meet clients or receive calls in this state.
(4) The provisions of this chapter regarding licensure of sign language interpreters shall not apply to the following:
(a) A person holding a current license is allowed to interpret in a preschool and/or K-12 setting pursuant to section 33-1304, Idaho Code;
(b) A person working in an Idaho public school setting who engages in the practice of sign language interpreting and meets the requirements of and is interpreting within the scope of the Idaho educational interpreter act, chapter 13, title 33, Idaho Code;
(c) A person who is deaf or hard of hearing and does not possess interpreter certification or credentials may, at the discretion of the board by rule, perform in the role of a deaf interpreter;
(d) A student enrolled in a sign language interpreter educational program provided by an accredited college or university performing sign language interpretation as an integral part of the student’s course of study and as supervised by a licensed sign language interpreter;
(e) Individuals licensed and/or state or nationally certified as sign language interpreters in another state authorizing such individuals to practice sign language interpreting in Idaho for a period not to exceed thirty (30) days pursuant to such terms and requirements as set forth in the rules of the board;
(f) A person providing services to the activities and services of any religious denomination or sect;
(g) Interpreting in an inconsequential situation, which means the level of significance is such that a licensed interpreter would not be deemed necessary for effective communication during that interaction. Inconsequential situations may include but are not limited to: ordering food at a restaurant, checking into a hotel or purchasing an item from a retailer;
(h) A person providing services in a private, noncommercial, family event;
(i) Exigent emergency circumstances for temporary interpreting services until a qualified interpreter can be obtained; or
(j) A person employed by a person or an entity that is a licensed video remote interpreting provider in this state.
(5) Interpreters and video remote interpreting services performing interpretation for the judicial department will be selected and assigned and will provide interpreting services pursuant to rules and orders promulgated by the Idaho supreme court to ensure full access to the courts and court services for all deaf and hard of hearing persons as required by the due process provisions of the United States and Idaho constitutions and the provisions of the Americans with disabilities act (ADA).
[54-2905, added 2005, ch. 277, sec. 2, p. 855; am. 2017, ch. 67, sec. 4, p. 160; am. 2018, ch. 72, sec. 1, p. 166; am. 2025, ch. 176, sec. 2, p. 829.]
(1) The board shall have the authority to promulgate, by rule, written contract forms that are in compliance with the provisions of this chapter.
(2) Any licensed audiologist or hearing aid dealer and fitter who fits and dispenses hearing aids shall provide to each client:
(a) A written contract executed between the audiologist or hearing aid dealer and fitter, and the client, in accordance with rules established by the board for each hearing aid dispensed;
(b) A minimum thirty (30) day trial period that shall include a provision for the refund of moneys paid for every hearing aid dispensed; and
(c) Written notice of the name, mailing address and telephone number of the board.
(3) A person licensed as a hearing aid dealer and fitter shall, when dealing with a person eighteen (18) years of age or younger, obtain written confirmation that such person has been examined by a licensed otolaryngologist or audiologist within thirty (30) days of the sale of any hearing aid.
[54-2906, added 2005, ch. 277, sec. 2, p. 856.]
(1) Audiology, speech-language pathology and hearing aid dealer and fitter support personnel must be trained under the direction of an audiologist, speech-language pathologist or hearing aid dealer and fitter, respectively, and may only perform designated and supervised routine audiology, speech-language pathology or hearing aid dealer and fitter tasks, respectively.
(2) Support personnel, speech-language pathology aides and speech-language pathology assistants shall not act independently and shall only work under the direction and supervision of an audiologist, speech-language pathologist or hearing aid dealer and fitter, respectively, licensed under this chapter.
(3) The supervising audiologist, speech-language pathologist or hearing aid dealer and fitter accepts full responsibility for the tasks and activities of support personnel and speech-language pathology aides and assistants under their direction and supervision.
(4) Support personnel, aides and assistants shall at all times be designated by the title "support personnel," "aide" or "assistant," respectively, which clearly identifies such person’s status as support personnel or as an aide or assistant, and such person shall not use any prohibited title as set forth in section 54-2904, Idaho Code.
(5) The board shall establish rules to define the role of audiology, speech-language pathology and hearing aid dealer and fitter support personnel and speech-language pathology aides and assistants including, but not limited to:
(a) Supervisory responsibilities of the licensee;
(b) Ratio of support personnel, aides or assistants to licensees;
(c) Designation of support personnel’s designated and supervised routine audiology, speech-language pathology or hearing aid dealer and fitter tasks, restrictions and responsibilities;
(d) Scope of practice for speech-language pathology aides and assistants, restrictions, and responsibilities;
(e) Frequency, duration and documentation of direct, on-site supervision; and
(f) The quantity and content of preservice and in-service instruction.
[54-2907, added 2005, ch. 277, sec. 2, p. 856.]
(1) There is hereby established in the division of occupational and professional licenses a speech, hearing and communication services licensure board. The board shall consist of seven (7) members appointed by the governor. The governor may consider recommendations for appointment to the board from the Idaho speech, language, hearing association, inc. (ISHA), any Idaho association of hearing aid dealers and fitters, any Idaho association of sign language interpreters and any individual residing in this state. Two (2) members of the board shall be speech-language pathologists, one (1) member shall be licensed as a sign language interpreter, two (2) members shall be audiologists, one (1) member shall be a hearing aid dealer and fitter, and one (1) member shall be appointed from the public at large. Each nonpublic member shall:
(a) Have been a resident of the state of Idaho for no less than one (1) year immediately preceding his or her appointment;
(b) Have been engaged in rendering services to the public, teaching, or performing research in the field of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting for a period of not less than five (5) years preceding his or her appointment;
(c) Be a currently practicing audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter; and
(d) At all times during such appointment to the board, maintain a valid license in audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting, except for the first appointees who shall meet the eligibility requirements for licensure as specified in this chapter at all times after initial appointment.
(2) The public member appointed as provided herein shall have been a resident of the state of Idaho for not less than one (1) year immediately preceding his appointment. Further, such public member shall not be associated with or financially interested in the practice or business of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting, nor shall such public member be engaged in an allied or related profession or occupation.
(3) Members shall serve a term of three (3) years at the pleasure of the governor. In the event of a vacancy other than expiration of a term, the governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term.
(4) Members shall disqualify themselves and, upon the motion of any interested party may, upon proper showing, be disqualified in any proceeding concerning which they have an actual conflict of interest or bias that interferes with their fair and impartial service.
[54-2908, added 2005, ch. 277, sec. 2, p. 857; am. 2008, ch. 64, sec. 1, p. 167; am. 2017, ch. 67, sec. 5, p. 161; am. 2021, ch. 222, sec. 25, p. 638.]
(1) The board, within sixty (60) days after the effective date of this act and annually thereafter, shall hold a meeting and elect one (1) of its members as chairperson, to serve a one (1) year term in such capacity, who shall preside at meetings of the board. In the event the chairperson is not present at any board meeting, the board may by majority vote of the members present appoint a temporary chairperson.
(2) Four (4) members of the board shall constitute a quorum, provided at least one (1) board member of the relevant profession is present when any board action is taken that affects the profession, its licensees or applicants. The board may act by virtue of a majority vote of members present in which a quorum is present.
(3) The board shall meet at least two (2) times per year at a place, day and hour determined by the board. Other meetings may be convened at the call of the chairperson or upon the written request of any two (2) board members.
(4) Members of the board shall be compensated as provided by section 59-509(n), Idaho Code.
[54-2909, added 2005, ch. 277, sec. 2, p. 858; am. 2014, ch. 105, sec. 1, p. 312.]
The board shall have the authority to administer, coordinate and enforce the provisions of this chapter including, but not limited to:
(1) Evaluate the qualifications of applicants for licensure, approve and administer examinations to test the knowledge and proficiency of applicants for licensure, and approve or deny the registration and issuance and renewal of licenses and permits;
(2) Promulgate rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter including, but not limited to, ethical standards of practice;
(3) Adopt rules allowing for continuing education; and
(4) Require the inspection of testing equipment and facilities of persons engaging in any practice pursuant to this chapter.
[54-2910, added 2005, ch. 277, sec. 2, p. 858; am. 2022, ch. 94, sec. 42, p. 311; am. 2026, ch. 221, sec. 18, p. 946.]
All moneys received pursuant to the provisions of this chapter shall be deposited to the occupational licenses fund. All expenses incurred pursuant to the provisions of this chapter shall be paid from the occupational licenses fund.
[54-2911, added 2005, ch. 277, sec. 2, p. 859; am. 2021, ch. 224, sec. 60, p. 682.]
(1) To be eligible for licensure by the board as an audiologist, the applicant shall:
(a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(b) Provide documentation satisfactory to the board that the applicant possesses a master’s or doctoral degree with emphasis in audiology or not less than seventy-five (75) semester credit hours of post-baccalaureate study that culminates in a doctoral or other recognized degree from a nationally accredited school for audiology with a curriculum acceptable to the board;
(c) Pass an examination in audiology approved by the board;
(d) Meet the current supervised academic clinical practicum and supervised postgraduate professional experience approved by the board;
(e) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code; and
(f) Have never had a license for audiology revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923, Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(2) The applicant shall disclose on his written application:
(a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant;
(b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within this state or any other state; and
(c) Any denial of registration or licensure by any state or district regulatory body.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-2912, added 2005, ch. 277, sec. 2, p. 859; am. 2022, ch. 183, sec. 2, p. 608; am. 2024, ch. 101, sec. 10, p. 456.]
(1) To be eligible for licensure as a speech-language pathologist, the applicant shall:
(a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(b) Provide documentation satisfactory to the board that the applicant possesses a master’s or doctoral degree from a nationally accredited school of speech-language pathology with a curriculum acceptable to the board;
(c) Pass an examination in speech-language pathology approved by the board;
(d) Meet the current supervised academic clinical practicum and supervised postgraduate professional experience approved by the board;
(e) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code; and
(f) Have never had a license for speech-language pathology revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923, Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(2) The applicant shall disclose on his written application:
(a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant;
(b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within this state or any other state; and
(c) Any denial of registration or licensure by any state or district regulatory body.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-2913, added 2005, ch. 277, sec. 2, p. 860; am. 2022, ch. 183, sec. 3, p. 609; am. 2024, ch. 101, sec. 11, p. 456.]
(1) To be eligible for licensure as a speech-language pathologist aide the applicant shall:
(a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(b) Provide documentation satisfactory to the board that the applicant possesses a baccalaureate degree from a nationally accredited school of speech-language pathology aide with a curriculum acceptable to the board;
(c) Pass an examination in speech-language pathology aide approved by the board;
(d) Have never had a license for speech-language pathology aide revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923, Idaho Code. Provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(2) The applicant shall disclose on his written application:
(a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant;
(b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within the state or any other state; and
(c) Any denial of registration or licensure by any state or district regulatory body.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-2914, added 2005, ch. 277, sec. 2, p. 860.]
(1) To be eligible for licensure as a speech-language pathologist assistant the applicant shall:
(a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(b) Provide documentation satisfactory to the board that the applicant possesses an associate’s degree from a nationally accredited school of speech-language pathology assistant with a curriculum acceptable to the board;
(c) Pass an examination in speech-language pathology assistant approved by the board; and
(d) Have never had a license for speech-language pathology assistant revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923, Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(2) The applicant shall disclose on his written application:
(a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant;
(b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within the state or any other state; and
(c) Any denial of registration or licensure by any state or district regulatory body.
(3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-2915, added 2005, ch. 277, sec. 2, p. 861.]
To be eligible for licensure as a hearing aid dealer and fitter, the applicant shall:
(1) Provide verification acceptable to the board of:
(a) Being at least twenty-one (21) years of age;
(b) Never having had a license revoked or otherwise sanctioned as part of disciplinary action from this or any other state;
(c) Never having been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(d) Never having been found by the board to have engaged in conduct prohibited by this chapter, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for licensure;
(2) Provide educational documentation satisfactory to the board that the applicant has successfully graduated from a four (4) year course at an accredited high school or the equivalent, including graduation from a nonpublic school; and
(3) Provide documentation that the applicant has successfully passed an examination approved by the board.
[54-2916, added 2005, ch. 277, sec. 2, p. 862; am. 2022, ch. 246, sec. 23, p. 804; am. 2026, ch. 135, sec. 8, p. 639.]
To be eligible for licensure as a sign language interpreter, the applicant shall:
(1) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(2) Provide verification acceptable to the board of the following:
(a) Never having had a license or certification revoked or otherwise sanctioned as part of disciplinary action from this or any other state;
(b) Never having been convicted of, found guilty of, or received a withheld judgment or a suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(c) Never having been found by the board to have engaged in conduct prohibited by this chapter.
The board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for licensure.
(3) Provide evidence satisfactory to the board of having successfully passed a nationally recognized competency examination approved by the board or achieved certification defined by board rule;
(4) Provide educational documentation satisfactory to the board that the applicant has successfully graduated from a four (4) year course at an accredited high school, including graduation from a nonpublic school, or the equivalent; and
(5) Provide documentation that the applicant has successfully passed an examination approved by the board.
[54-2916A, added 2017, ch. 67, sec. 6, p. 162; am. 2018, ch. 72, sec. 2, p. 168; am. 2019, ch. 44, sec. 2, p. 123; am. 2020, ch. 175, sec. 28, p. 536; am. 2022, ch. 246, sec. 24, p. 805; am. 2026, ch. 135, sec. 9, p. 640.]
To be eligible for licensure as a video remote interpreting provider, the applicant shall:
(1) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board, subject to legislative approval, and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter;
(2) Provide a roster of all employed sign language interpreters; and
(3) Provide verification acceptable to the board that all employed sign language interpreters meet the qualifications of a sign language interpreter in this state and have:
(a) Successfully passed a nationally recognized competency examination approved by the board or achieved certification as defined by board rule;
(b) Successfully graduated from a four (4) year course at an accredited high school, including graduation from a nonpublic school, or the equivalent;
(c) Successfully passed an examination approved by the board;
(d) Never had a license or certification revoked or otherwise sanctioned as part of disciplinary action from this or any other state;
(e) Never been convicted of, found guilty of, or received a withheld judgment or a suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(f) Never been found by the board to have engaged in conduct prohibited by this chapter;
(g) Maintained required continuing education units under nationally recognized certification or other certification recognized by the board; and
(h) Knowledge of and compliance with the provisions of this chapter.
[54-2916B, added 2025, ch. 176, sec. 3, p. 831; am. 2026, ch. 135, sec. 10, p. 640.]
A person may be licensed as both an audiologist and a speech-language pathologist or sign language interpreter, if such person duly meets the requirements of licensure for each such license. A person obtaining licensure as an audiologist and a speech-language pathologist or sign language interpreter shall be charged fees as though the person had obtained only one (1) license.
[54-2917, added 2005, ch. 277, sec. 2, p. 862; am. 2017, ch. 67, sec. 7, p. 163.]
(1)
The board may issue a license by endorsement. An applicant for licensure by endorsement shall substantiate to the board that the applicant holds a current, active and unrestricted equivalent license in another state or United States territory. The applicant shall apply for a license by endorsement on such forms, pay such fees and satisfy such other requirements as may be provided by board rule.
(2) For applicants who received their professional education outside of the United States, the board may deem such education acceptable, provided that the board is satisfied, and the applicant provides documentation acceptable to the board, that equivalent education requirements have been met. The board, in its discretion, may require by rule that applicants who received their professional education outside of the United States provide additional information to the board concerning such professional education. The board may also, in its discretion, require successful completion of additional coursework before proceeding with the application process.
[54-2918, added 2005, ch. 277, sec. 2, p. 862; am. 2011, ch. 76, sec. 1, p. 161.]
The terms and conditions of the audiology and speech-language pathology interstate compact are hereby enacted as follows:
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT (ASLP-IC)
SECTION 1
PURPOSE
The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This compact is designed to achieve the following objectives:
Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
Enhance the member states’ ability to protect the public’s health and safety;
Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
Support spouses of relocating active duty military personnel;
Enhance the exchange of licensure, investigative, and disciplinary information between member states;
Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and
Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
SECTION 2
DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall apply:
A. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211.
B. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state’s laws imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
C. "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
D. "Audiologist" means an individual who is licensed by a state to practice audiology.
E. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.
F. "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
G. "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.
H. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.
I. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
J. "Data system" means a repository of information about licensees, including but not limited to continuing education, examination, licensure, investigative information, compact privilege, and adverse action.
K. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).
L. "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
M. "Home state" means the member state that is the licensee’s primary state of residence.
N. "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
O. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.
P. "Member state" means a state that has enacted the compact.
Q. "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
R. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
S. "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.
T. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
U. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.
V. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules.
W. "State" means any state, commonwealth, district, or territory of the United States that regulates the practice of audiology and speech-language pathology.
X. "State practice laws" means a member state’s laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
Y. "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.
SECTION 3
STATE PARTICIPATION IN THE COMPACT
A. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.
B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.
A member state must fully implement a criminal background check requirement within a time frame established by rule by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.
C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.
D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
E. An audiologist must:
a. On or before December 31, 2007, have graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;
b. On or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
c. Have graduated from an audiology program housed in an institution of higher education outside of the United States: (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and (b) for which the degree program has been verified by an independent credentials review agency comparable to a licensing board-approved program;
Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;
Have successfully passed a national examination approved by the commission;
Hold an active, unencumbered license;
Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and
Have a valid United States social security or national practitioner identification number.
F. A speech-language pathologist must:
a. Have graduated with a master’s degree from a speech-language pathology program accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
b. Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States: (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and (b) for which the degree program has been verified by an independent credentials review agency comparable to a licensing board-approved program;
Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;
Have completed a supervised postgraduate professional experience as required by the commission;
Have successfully passed a national examination approved by the commission;
Hold an active, unencumbered license;
Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and
Have a valid United States social security or national practitioner identification number.
G. The privilege to practice is derived from the home state license.
H. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.
I. Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
J. Member states may charge a fee for granting a compact privilege.
K. Member states must comply with the bylaws and rules and regulations of the commission.
SECTION 4
COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:
Hold an active license in the home state;
Have no encumbrance on any state license;
Be eligible for a compact privilege in any member state in accordance with section 3 of this compact;
Have not had any adverse action against any license or compact privilege within the previous two (2) years from date of application;
Notify the commission that the licensee is seeking the compact privilege within a remote state or states;
Pay any applicable fees, including any state fee, for the compact privilege; and
Report to the commission any adverse action taken by a nonmember state within thirty (30) days from the date the adverse action is taken.
B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall hold only one (1) home state license at a time.
C. Except as provided in section 6 of this compact, if an audiologist or speech-language pathologist changes primary state of residence by moving between two (2) member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
F. If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.
G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 4A of this compact to maintain the compact privilege in the remote state.
H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.
J. If a home state license is encumbered, the licensee shall lose the compact privilege in a remote state until the following occur:
The home state license is no longer encumbered; and
Two (2) years have elapsed from the date of the adverse action.
K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 4A of this compact to obtain a compact privilege in a remote state.
L. Once the requirements of section 4J of this compact have been met, the licensee must meet the requirements in section 4A of this compact to obtain a compact privilege in a remote state.
SECTION 5
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 of this compact and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
SECTION 6
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
SECTION 7
ADVERSE ACTIONS
A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state.
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
Only the home state shall have the power to take adverse action against an audiologist’s or speech-language pathologist’s license issued by the home state.
B. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
C. The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
D. If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
E. The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state’s own procedures for taking the adverse action.
F. Joint investigations:
In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
G. If adverse action is taken by the home state against an audiologist’s or speech-language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech-language pathologist’s license shall include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.
H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
I. Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
SECTION 8
ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION
A. The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission:
The commission is an instrumentality of the compact states.
Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
B. Membership, voting, and meetings:
Each member state shall have two (2) delegates selected by that member state’s licensing board. The delegates shall be current members of the licensing board. One (1) shall be an audiologist and one (1) shall be a speech-language pathologist.
An additional five (5) delegates, who are either public members or board administrators from a licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.
Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
The member state board shall fill any vacancy occurring on the commission within ninety (90) days.
Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
C. The commission shall have the following powers and duties:
Establish the fiscal year of the commission;
Establish bylaws;
Establish a code of ethics;
Maintain financial records in accordance with the bylaws;
Meet and take actions as are consistent with the provisions of this compact and the bylaws;
Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;
Purchase and maintain insurance and bonds;
Borrow, accept, or contract for services of personnel, including but not limited to employees of a member state;
Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed; provided, that at all times the commission shall avoid any appearance of impropriety;
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
Establish a budget and make expenditures;
Borrow money;
Appoint committees, including standing committees composed of members and other interested persons, as may be designated in this compact and the bylaws;
Provide and receive information from, and cooperate with, law enforcement agencies;
Establish and elect an executive committee; and
Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
D. The executive committee:
The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
The executive committee shall be composed of ten (10) members:
a. Seven (7) voting members who are elected by the commission from the current membership of the commission;
b. Two (2) ex officio members, consisting of one (1) nonvoting member from a recognized national audiology professional association and one (1) nonvoting member from a recognized national speech-language pathology association; and
c. One (1) ex officio nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing board.
E. The ex officio members shall be selected by their respective organizations.
The commission may remove any member of the executive committee as provided in the bylaws.
The executive committee shall meet at least annually.
The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10 of this compact.
The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:
a. Noncompliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
Financing of the commission:
a. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
b. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
c. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which assessment must be in an amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding on all member states.
The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same or pledge the credit of any of the member states, except by and with the authority of the member state.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
F. Qualified immunity, defense, and indemnification:
The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 9
DATA SYSTEM
A. The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
Identifying information;
Licensure data;
Adverse actions against a license or compact privilege;
Nonconfidential information related to alternative program participation;
Any denial of application for licensure, and the reason or reasons for denial; and
Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
C. Investigative information pertaining to a licensee in any member state shall be available only to other member states.
D. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 10
RULEMAKING
A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted on, the commission shall file a notice of proposed rulemaking:
On the website of the commission or other publicly accessible platform; and
On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
The proposed time, date, and location of the meeting in which the rule shall be considered and voted on;
The text of the proposed rule or amendment and the reason for the proposed rule;
A request for comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
F. Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
At least twenty-five (25) persons;
A state or federal governmental subdivision or agency; or
An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
All hearings shall be recorded. A copy of the recording shall be made available on request.
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
K. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible and in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of commission or member state funds; or
Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
SECTION 11
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Dispute resolution:
Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
B. Enforcement:
The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.
The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
SECTION 12
DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
A. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
B. Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
C. Any member state may withdraw from this compact by enacting a statute repealing the same.
A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
D. Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
E. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 14
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
B. All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
C. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding on the member states.
D. All agreements between the commission and the member states are binding in accordance with their terms.
E. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
[54-2918A, added 2022, ch. 183, sec. 1, p. 594; am. 2023, ch. 218, sec. 16, p. 626.]
The board shall adopt rules providing for a provisional permit to allow a person to engage in the practice of audiology or speech-language pathology while completing either the required postgraduate experience or a comparable experience as part of a doctoral program in audiology as required by this chapter. The board may further provide for a provisional permit to allow a person to engage in fitting and dealing hearing aids or sign language interpreting pursuant to rules adopted by the board. The holder of a provisional permit may practice only while under the supervision of a person fully licensed under this chapter.
[54-2919, added 2005, ch. 277, sec. 2, p. 863; am. 2017, ch. 67, sec. 8, p. 163.]
An application for licensure that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases.
[54-2920, added 2005, ch. 277, sec. 2, p. 863.]
(1) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) Each person licensed pursuant to this chapter shall, on or before the expiration of his or her license, submit an application and pay to the board a license fee for a renewal of the license and shall keep such license posted in his or her office or established place of business at all times.
(3) The board may issue inactive licenses pursuant to rules adopted by the board that may specify the terms and procedures necessary to maintain an inactive license. The holder of an inactive license shall not engage in any practice defined by this chapter.
[54-2921, added 2005, ch. 277, sec. 2, p. 863; am. 2024, ch. 86, sec. 25, p. 406.]
All licensed audiologists, speech-language pathologists, speech-language pathology aides and assistants, and hearing aid dealers and fitters shall immediately report to the board any name change or changes in business and home addresses.
[54-2922, added 2005, ch. 277, sec. 2, p. 863; am. 2024, ch. 86, sec. 26, p. 406.]
The following conduct, acts or conditions shall constitute grounds for disciplinary action and grounds for denial of an application for licensure or renewal:
(1) The conviction of any felony or being convicted of any crime which has a bearing on any practice pursuant to this chapter. Conviction, as used in this subsection (1), shall include a finding of verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;
(2) Obtaining or attempting to obtain a license or registration by fraud, misrepresentation, omission or deceit, or making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession;
(3) When related to the practice for which licensure is required by this chapter, engaging in incompetent or unethical conduct, or practicing or offering to practice beyond the scope of the practice as defined in this chapter, or committing an intentional, negligent, or reckless act or failing to act, or engaging in practice that fails to meet the standard of care provided by licensees in the same or similar communities;
(4) Practicing when physical or mental abilities are impaired by including, but not limited to, the use of controlled substances or other drugs, chemicals or alcohol, or having been adjudged mentally incompetent by a court of competent jurisdiction;
(5) Engaging in practice under a false name or alias or using or attempting to use an invalid license or a license that has been unlawfully purchased, fraudulently obtained, counterfeited or materially altered;
(6) Failing to administer necessary tests utilizing appropriate, established procedures and instrumentation;
(7) Engaging in improper practice or promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;
(8) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final;
(9) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure or license renewal refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failure to divulge such information when requested by the board;
(10) Failing to notify the board of any change of address of a place of business within thirty (30) days of the date of such change;
(11) Failing to meet continuing education requirements as established by the board;
(12) Failing to provide refunds pursuant to the terms of a written contract entered into by the consumer and the licensee;
(13) Failing to properly or adequately supervise any permit holder, support person, or assistant in accordance with this chapter and the administrative rules adopted by the board, or aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;
(14) Committing any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee’s practice, provided:
(a) Consent of the client shall not be a defense;
(b) This subsection (14) shall not apply to sexual contact between a licensee and such licensee’s spouse or a person in a domestic relationship with the licensee who is also a client;
(c) A former client means a client for whom the licensee is not at the relevant time providing services but for whom the licensee has provided services within the last twelve (12) months; and
(d) Sexual or romantic relationships with former clients beyond the period of time set forth herein may also be a violation if the licensee uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;
(15) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;
(16) Interfering with a board investigation or disciplinary proceeding by willful misrepresentation of facts, failure to provide information upon request from the board, or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;
(17) Violating any provisions of this chapter, board rules, adopted codes of ethics or other applicable federal or state statutes or rules including, but not limited to, the Idaho consumer protection act, relating directly or indirectly to any practice pursuant to this chapter.
[54-2923, added 2005, ch. 277, sec. 2, p. 863.]
(1) The board is authorized to institute any investigation, hearing or other legal proceeding necessary to effect compliance with this chapter.
(2) The board or its hearing officer, upon a finding that action is necessary, shall have the power pursuant to this chapter to administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the board, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho, where such witness resides or may be found, which shall be served and returned. The board may require a licensee to be examined to determine his or her mental or physical competence when the board has probable cause to believe the licensee is suffering from an impairment that might impede his or her ability to practice competently. The board may accept a voluntary restriction offered by a licensee on a licensee’s scope of practice due to impairment of the licensee’s competence.
(3) When it is brought to the attention of the board by the written statement of any person that a person licensed under this chapter has done any act or thing in violation of any provision of this chapter, the board shall make an investigation of such person and, if it is determined there is probable cause to institute proceedings against such person, the board shall commence a formal proceeding against the person in accordance with chapter 52, title 67, Idaho Code, and with the administrative rules adopted by the board.
(4) The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of audiology, speech-language pathology, sign language interpreting or hearing aid dealing or fitting. If an investigation indicates that a person may be practicing audiology, sign language interpreting, hearing aid dealing or fitting, or speech-language pathology unlawfully, the board shall inform the person of the alleged violation. The board shall refer all violations of this section made known to it to appropriate prosecuting attorneys whether or not the person ceases the unlawful practice. The board may render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.
(5) The board may, in the name of the people of the state of Idaho, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided for in this chapter.
[54-2924, added 2005, ch. 277, sec. 2, p. 865; am. 2017, ch. 67, sec. 9, p. 163.]
(1) The board, upon receipt of a recommendation received from the licensure board that a person has violated any provision of this chapter, may take the following disciplinary actions singly or in combination:
(a) Issue a formal reprimand;
(b) Require additional education as a requirement for continued practice;
(c) Impose restrictions and/or conditions as to scope of practice, place of practice, supervision of practice, duration of license status, or type or condition of client served. The board may require a licensee to report regularly to the board on matters regarding the restricted license;
(d) Suspend a license, the duration of which shall be determined by the board;
(e) Revoke a license;
(f) Refuse to issue or renew a license; or
(g) Impose a fine not to exceed one thousand dollars ($1,000) for each violation of this chapter.
(2) The assessment of costs and attorney’s fees for any investigation and prosecution or defense in an administrative proceeding against a licensee shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-2925, added 2005, ch. 277, sec. 2, p. 866; am. 2018, ch. 348, sec. 16, p. 813.]
Any person who is aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a license, issuing a censure, imposing any restriction upon a license, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[54-2926, added 2005, ch. 277, sec. 2, p. 866.]
(1) It shall be unlawful for any person to practice or offer to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting in this state, or to use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter, unless such person has been appropriately licensed under the provisions of this chapter.
(2) It shall be unlawful for any person to aid, abet or require another person, licensed or unlicensed, to directly or indirectly violate or evade any provision of this chapter, or to combine or conspire with another person, or permit one’s license to be used by another person, or to act as an agent, partner, associate or otherwise, of another person with the intent to violate or evade the provisions of this chapter.
(3) A violation of the provisions of this chapter shall constitute a misdemeanor and any person convicted thereof shall be fined an amount not to exceed one thousand dollars ($1,000), or imprisoned in a county jail for a period not to exceed six (6) months, or shall be punished by both such fine and imprisonment.
[54-2927, added 2005, ch. 277, sec. 2, p. 866; am. 2011, ch. 76, sec. 2, p. 161; am. 2017, ch. 67, sec. 10, p. 164.]
This act shall be known and cited as the "Landscape Architect Registration and Licensing Act."
[54-3001, added 1972, ch. 390, sec. 1, p. 1123.]
As used in this chapter:
(1) "Landscape architect" means a person who holds a license to practice landscape architecture in the state of Idaho under the authority of this chapter.
(2) "Landscape architecture" means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards, but shall not include the application of geological principles. This practice shall include the location, design and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and features as are incidental and necessary to the purposes outlined herein, but shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, such as are ordinarily included in the practice of engineering or architecture; and shall not include the making of cadastral surveys or final land plats for official recording or approval. It involves the design and arrangement of land forms and the development of outdoor space, including but not limited to the design of public parks, playgrounds, cemeteries, home and school grounds, and the development of industrial and recreational sites.
(3) "Board" means the board of architects and landscape architects.
(4) "Department" means the department of self-governing agencies of the state of Idaho.
(5) "Landscape architect-in-training" means a person who has met the qualifications of section 54-3003(2)(a) and (b), Idaho Code, and is working under the supervision of a licensed landscape architect. A landscape architect-in-training shall use the title "landscape architect-in-training" in accordance with board rule.
(6) "Public" means any person, firm, corporation, partnership, company, government agency, institution or any other entity recognized by law.
(7) "Rules of professional responsibility" means those rules, if any, promulgated by the board.
[54-3002, added 1972, ch. 390, sec. 2, p. 771; am. 1974, ch. 13, sec. 189, p. 138; am. 2003, ch. 225, sec. 1, p. 578; am. 2014, ch. 155, sec. 1, p. 437; am. 2022, ch. 42, sec. 3, p. 107.]
(1) Application and practice. In order to safeguard human health and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice landscape architecture shall be required to submit evidence of qualifications to practice and shall be issued a license under the provisions of this chapter.
(2) Qualifications. For licensure as a landscape architect, evidence must be submitted to the board that the applicant:
(a) Is eighteen (18) years of age or older;
(b) Has graduated from a college or school of landscape architecture approved by the board. In lieu of graduation from an approved college or school of landscape architecture, an applicant may present evidence of at least eight (8) years of experience or education in landscape architecture of a grade and character satisfactory to the board, as established by rule, that the applicant is competent to practice landscape architecture; and
(c) Has successfully passed an examination approved by the board.
(3) Examinations. The board shall adopt rules covering the subjects and scope of the examinations. Every applicant for license as a landscape architect shall be required, in addition to all other requirements, to establish by written examination his competency to plan, design, specify and supervise the installation and construction of landscape architectural projects. Each written examination may be supplemented by such oral examinations as the board may determine.
(4) Board powers. The board shall have, in addition to the powers set forth elsewhere in this chapter, the following powers and duties:
(a) To adopt rules of professional responsibility; and
(b) To adopt rules requiring the completion of continuing education by each licensee on a biennial basis;
(5) Fees. The amount of fees shall be as determined by the board within the following stated limits:
(a) The application fee not to exceed two hundred dollars ($200).
(b) The fee for an original license and the biennial renewal license fee not to exceed four hundred dollars ($400).
(c) The fee for reinstatement of a license as provided in section 67-2614, Idaho Code.
(6) Endorsement provisions. The board may approve for licensure:
(a) An individual with a current council of landscape architectural registration boards (CLARB) certification; or
(b) With limited examination, an applicant who is legally registered or licensed as a landscape architect in any other state or country whose requirements for registration or licensure are at least substantially equivalent to the requirements of this state.
(7) Exemptions.
(a) None of the provisions of this chapter shall prevent employees of those lawfully practicing as landscape architects from acting under the instruction, control or supervision of their employers.
(b) None of the provisions of this chapter shall apply to the business conducted in this state by any land use planner, horticulturist, nurseryman, or landscape nurseryman, gardener, landscape gardener, or landscape contractor, as these terms are generally used, or any other person, including, but not limited to, their right to plan and supervise in connection therewith, except that no such person shall use the designation "landscape architect," "landscape architecture," or any description tending to convey the impression that they are a licensed landscape architect unless they are registered as provided in this chapter.
(c) This chapter shall not apply to any other professionals licensed to practice their respective professions.
(8) This chapter applies to individuals only.
(a) All licenses shall be issued to individuals only, but nothing contained in this chapter shall prevent a duly licensed landscape architect from rendering professional services for a corporation, firm, partnership or association.
(b) Each partner in a partnership of landscape architects shall be licensed to practice landscape architecture or to provide allied professional services as defined in section 30-21-901, Idaho Code. Subject to this requirement, a partnership of landscape architects may use a partnership name if such name consists of:
(i) The names of two (2) or more landscape architects; or
(ii) The names of one (1) or more landscape architects and one (1) or more professional engineers or architects.
(c) Any person applying to the official of any county or city for a business license to practice landscape architecture shall at the time of such application exhibit to such official satisfactory evidence that such applicant possesses a current Idaho license. The business license shall not be granted until such evidence is presented, any contrary provision of any special act or general act notwithstanding.
(9) Qualifications for practice — seal.
(a) No person shall use the designation "landscape architect" or "landscape architecture" or advertise any title or description tending to convey the impression that the person is a landscape architect, or practicing landscape architecture, unless such person is a licensed landscape architect. Every holder of a license shall display it in the principal office, place of business, or place of employment.
(b) Every landscape architect shall have a seal approved by the board that contains the name of the landscape architect and the words "Licensed Landscape Architect, State of Idaho," and such other words or figures as the board may deem necessary and prescribe.
(i) The seal may be a rubber stamp or an electronically applied seal. Whenever the seal is applied, the licensee’s written signature and the date shall be adjacent to or across the seal. The seal, signature and date shall be placed on all final reports, drawings and title pages of specifications, design information and calculations. Whenever presented to a client or to the public, such documents that are not final and do not contain a seal, signature and date shall be clearly marked as "preliminary," "draft," "not for construction" or similar words to distinguish the documents from a finished product.
(ii) The application of the licensee’s seal, signature and the date shall constitute certification that the work thereon was prepared by such landscape architect or under the supervision of such landscape architect. Each plan or drawing sheet shall be sealed and signed by the licensee or the licensee’s agent responsible for each sheet. The principal landscape architect in charge shall sign and seal the title or first sheet. Copies of electronically produced documents listed in subparagraph (i) of this paragraph that are distributed for informational use, such as for bidding purposes or working copies, may be issued with the licensee’s seal and a notice that the original document is on file with the licensee’s signature and date. The words "original signed by:" and "date signed:" shall be placed adjacent to or across the seal of the electronic original. The storage location of the original documents shall also be provided. Only the title page of reports, specifications and like documents need bear the seal and signature of the licensee and the date.
[54-3003, added 1972, ch. 390, sec. 3, p. 771; am. 1974, ch. 13, sec. 190, p. 138; am. 1980, ch. 247, sec. 74, p. 640; am. 1986, ch. 53, sec. 1, p. 156; am. 1989, ch. 56, sec. 1, p. 74; am. 1993, ch. 204, sec. 1, p. 560; am. 1996, ch. 66, sec. 7, p. 204; am. 2003, ch. 21, sec. 14, p. 85; am. 2003, ch. 225, sec. 2, p. 579; am. 2006, ch. 128, sec. 1, p. 371; am. 2015, ch. 251, sec. 9, p. 1051; am. 2016, ch. 340, sec. 34, p. 952; am. 2021, ch. 222, sec. 26, p. 639; am. 2022, ch. 42, sec. 4, p. 108; am. 2024, ch. 86, sec. 27, p. 406; am. 2026, ch. 221, sec. 19, p. 947.]
Upon giving at least twenty (20) days’ notice of its intended action, and affording the holder of a license an opportunity for a hearing to be conducted under the provisions of chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to renew, revoke or suspend the license of any landscape architect upon the following grounds:
(1) Fraud or deception in the application for or the procurement of a license or in passing any of the examinations prescribed by this chapter;
(2) Conviction of a felony by a court of competent jurisdiction;
(3) Gross negligence in the practice of landscape architecture;
(4) Fraud or deceit in the practice of landscape architecture;
(5) Willful violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.
The board may reinstate any revoked or suspended license upon such terms as it may impose.
An appeal of any order of the board may be taken to the district court of either Ada county or the county in which the applicant or licensee resides, in accordance with chapter 52, title 67, Idaho Code.
[54-3004, added 1972, ch. 390, sec. 4, p. 771; am. 1993, ch. 216, sec. 87, p. 661; am. 2003, ch. 225, sec. 3, p. 584.]
(1) It shall be a violation for any person to:
(a) Offer to practice or represent oneself as entitled to practice landscape architecture, unless duly licensed under this chapter;
(b) Attempt to use the license of another;
(c) Give false or forged evidence to the board or any member thereof in obtaining a license;
(d) Falsely impersonate any other practitioner, of like or different name; or
(e) Otherwise violate any of the provisions of this chapter.
(2) Such violation shall be a misdemeanor. Each act under this section shall be treated as a separate offense.
[54-3005, added 1972, ch. 390, sec. 5, p. 771; am. 1974, ch. 13, sec. 191, p. 138; am. 2003, ch. 225, sec. 4, p. 584; am. 2026, ch. 221, sec. 20, p. 950.]
(1) This chapter shall be known as the "Idaho Certified Shorthand Reporters Act."
(2) In order to safeguard life, health and property, and to promote the public welfare, the practice of shorthand reporting in this state is hereby declared to be subject to regulation in the public interest.
[54-3101, added 1974, ch. 110, sec. 2, p. 1255; am. 2008, ch. 68, sec. 1, p. 176.]
Unless otherwise expressly stated, when used in this chapter the following words and phrases shall have the following meanings:
(1) "Shorthand reporting" means the making of written symbols or abbreviations in shorthand or machine shorthand writing of a verbatim record of any oral court proceedings, deposition, or proceedings before any grand jury, referee, or court commissioner, contemporaneous with the event.
(2) "Certified shorthand reporter" or its abbreviation "C.S.R." means any person holding a valid regular or temporary certificate as a shorthand reporter as provided in this chapter.
(3) "Board" means the state certified shorthand reporters board.
(4) "Official court reporter" means the official court reporter of a federal district court in the state or the district court reporter of any state district court, but does not include any reporter of the magistrates division of any state district court.
(5) "Freelance reporter" means any shorthand reporter engaged in the practice of shorthand reporting as defined in this chapter who is not an official court reporter.
(6) "Available" means physically present at the time and place indicated or that the person could be physically present at the time and place indicated if a specific request was made.
[54-3102, added 1974, ch. 110, sec. 3, p. 1255; am. 2005, ch. 84, sec. 1, p. 299; am. 2008, ch. 68, sec. 2, p. 176.]
Except as expressly provided in this chapter, no person shall engage in the practice of shorthand reporting or be appointed to the position of district court reporter in any state district court, or before any master or referee, or as reporter for any board or commission of the state requiring shorthand reporting for any hearing, proceeding or trial unless such person is a certified shorthand reporter as defined in this chapter; provided that any district court reporter, or any reporter before a master or referee shall also possess such additional qualifications as the supreme court may prescribe by rule.
No person shall use the title of certified shorthand reporter or its abbreviations C.S.R. or CSR, or any similar words or letters in conjunction with such person’s name to indicate the possession of qualifications to practice in this state as a certified shorthand reporter without having a valid temporary permit or regular certificate issued pursuant to this chapter and not revoked or suspended. A certificate or permit to practice shorthand reporting shall not be transferable.
[54-3103, added 1974, ch. 110, sec. 4, p. 1255; am. 2008, ch. 68, sec. 3, p. 176; am. 2015, ch. 152, sec. 1, p. 542.]
The provisions of this chapter shall not apply to and shall not be construed to prohibit:
(1) The appointment of a state district court reporter who is not a certified shorthand reporter on a temporary basis in accordance with and upon condition as the supreme court may prescribe by rule. Provided, in the event a person who has not obtained regular certification as a certified shorthand reporter is appointed as district court reporter, such reporter must make application for regular certification under this chapter within thirty (30) days of such appointment. If the reporter fails to obtain regular certification as a certified shorthand reporter by the second subsequent consecutive examination date by reason of his failure to pass the necessary examination, or otherwise, then such person shall be removed as district court reporter and shall not be eligible for reappointment until successfully obtaining a regular certificate as a certified shorthand reporter under this chapter.
(2) The employment and reporting of personnel in the magistrates division of any district court of the state who rely principally upon electronic tape recorders, stenomask, or similar mechanical contrivances to make a record of a hearing, trial or proceeding.
(3) The taking of an oral deposition by shorthand reporting by a person not a certified shorthand reporter if the party to the action or such party’s attorney certifies at the commencement of the deposition that no certified shorthand reporter was available for reporting the deposition.
(4) The employment of salaried, full-time employees of a prosecuting attorney or of any department or agency of the state to act as a hearing reporter for such official, department or agency.
[54-3104, added 1974, ch. 110, sec. 5, p. 1255; am. 2007, ch. 3, sec. 1, p. 4; am. 2008, ch. 68, sec. 4, p. 177.]
(1) There is hereby created in the division of occupational and professional licenses a state-certified shorthand reporters board of the state of Idaho which shall consist of five (5) members. Two (2) members of the board shall be certified shorthand reporters who have had at least five (5) years continuous experience immediately prior to their nomination as a freelance shorthand reporter or official court reporter. One (1) other member of the board shall be an Idaho district judge nominated by the Idaho supreme court. One (1) other member of the board shall be a member of the Idaho state bar and nominated by the Idaho state bar association. One (1) other member shall be a member of the public with an interest in the rights of consumers of shorthand reporter services.
(2) The members of the board shall hold office for terms of three (3) years each. Appointments to fill vacancies shall be for the unexpired term of such vacancies.
(3) Board members shall be appointed by and serve at the pleasure of the governor. The governor may consider recommendations for appointment to the board from the Idaho court reporters association and from any individual residing in this state. Each member of the board shall hold office for the specified term and until a successor is duly appointed by the governor.
[54-3105, added 1974, ch. 110, sec. 6, p. 1255; am. 2008, ch. 68, sec. 5, p. 177; am. 2015, ch. 152, sec. 2, p. 542; am. 2016, ch. 340, sec. 35, p. 956; am. 2021, ch. 222, sec. 27, p. 643.]
(1) The board shall organize by the election of one (1) of its members as chairman and one (1) of its members as vice chairman. Officers of the board shall be elected annually for terms of one (1) year at a regular meeting of the board, but the same person may not hold the office of chairman more than three (3) years in succession.
(2) The board shall meet at least annually to conduct its business and perform its duties, and shall meet at such other times as designated by the chairman or by request of two (2) or more members of the board.
(3) A majority of the board shall constitute a quorum for all purposes and the majority vote of the members voting shall constitute the action of the board.
(4) A complete record of all board proceedings shall be maintained.
(5) Members of the board shall be compensated as provided in section 59-509(b), Idaho Code.
[54-3106, added 1974, ch. 110, sec. 7, p. 1255; am. 1980, ch. 247, sec. 75, p. 644; am. 2008, ch. 68, sec. 6, p. 178.]
The state certified shorthand reporters board shall have the following powers and duties:
(1) To determine the qualifications of persons applying for certificates and the renewal of a certificate under this chapter.
(2) To prescribe, administer, and approve examination of applicants applying for certificates under this chapter, including examinations that are administered electronically or online.
(3) To collect the fees and charges prescribed by this chapter.
(4) To execute and issue temporary permits and certified shorthand reporter certificates under the conditions prescribed in this chapter.
(5) To refuse to issue, refuse to renew, revoke or suspend or otherwise discipline any certificate or permit upon the grounds and in the manner prescribed by this chapter.
(6) To make rules to carry out the intent and purposes of this chapter.
(7) The board may, by written agreement, authorize the division of occupational and professional licenses as its agent to act in its interest.
[54-3107, added 1974, ch. 110, sec. 8, p. 1255; am. 2008, ch. 68, sec. 7, p. 178; am. 2019, ch. 47, sec. 1, p. 128; am. 2022, ch. 94, sec. 43, p. 311.]
(1) Applicants for certification must take and pass the Idaho certified shorthand reporter examination. Alternatively, applicants for certification must provide proof satisfactory to the board of having passed one (1) of the following examinations within the two (2) years prior to the date of the application:
(a) The registered professional reporter (RPR) examination;
(b) The registered merit reporter (RMR) examination;
(c) The registered diplomate reporter (RDR) examination;
(d) The certified realtime reporter (CRR) examination; or
(e) The certified realtime captioner (CRC) examination.
(2) Any applicant who is a lawful resident of the United States, who has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and who has graduated from an accredited high school or from a nonpublic school or has an equivalent education, shall be entitled to receive a certificate as a certified shorthand reporter upon payment of the fees required by this chapter. All applications shall be in such form as prescribed by the board and filed with the board at least thirty (30) days prior to the announced date of the reporter examination. The board, in its discretion, may make such additional investigation and inquiry, or require additional information from the applicant as it shall deem necessary in determining the qualifications of the applicant. The board shall thereupon notify the applicant as to whether such application to take the reporter examination is accepted.
(3) All certified shorthand reporter certificates shall be issued for a period of two (2) years and shall be renewable upon payment of a renewal fee. The renewal and reinstatement of all certificates issued pursuant to the provisions of this chapter shall be in accordance with section 67-2614, Idaho Code.
[54-3108, added 1974, ch. 110, sec. 9, p. 1255; am. 1987, ch. 72, sec. 1, p. 142; am. 1992, ch. 191, sec. 1, p. 595; am. 2005, ch. 84, sec. 2, p. 299; am. 2008, ch. 68, sec. 8, p. 179; am. 2019, ch. 47, sec. 2, p. 128; am. 2022, ch. 246, sec. 25, p. 805; am. 2024, ch. 86, sec. 28, p. 409; am. 2026, ch. 135, sec. 11, p. 641.]
(1) A temporary certified shorthand reporter permit may be issued to an applicant who pays the required fees and who:
(a) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(b) Has graduated from an accredited high school or from a nonpublic school or has an equivalent education; and
(i) Is currently licensed in good standing in another state as a certified shorthand reporter, or its equivalent, or has otherwise demonstrated proficiency by a certificate from an agency of another state; or
(ii) Has graduated from a national court reporters association (NCRA)-approved school.
(2) The application shall be upon such forms as are prescribed by the board and the board may, in its discretion, make additional investigation and inquiry, or require further information from the applicant as it shall deem necessary in order to make a determination of the qualifications of the applicant.
(3) An individual shall be issued only one (1) temporary certified shorthand reporter permit. The permit shall be valid for a period of one (1) year and may be renewed for a single additional period of one (1) year upon the payment of required fees and upon a showing of just cause.
[54-3109, added 1974, ch. 110, sec. 10, p. 1255; am. 1987, ch. 72, sec. 2, p. 142; am. 1992, ch. 191, sec. 2, p. 596; am. 2002, ch. 83, sec. 1, p. 186; am. 2005, ch. 84, sec. 3, p. 300; am. 2008, ch. 68, sec. 9, p. 179; am. 2015, ch. 152, sec. 3, p. 542; am. 2022, ch. 246, sec. 26, p. 806; am. 2026, ch. 135, sec. 12, p. 641.]
The board, upon application and the payment of the required fee, may issue a shorthand reporter certificate by endorsement to a person who has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, who holds a shorthand reporter certificate of qualification or license issued to that person by the proper authority of any state or territory of the United States, and who:
(1) Provides official documentation that the individual has passed at any time one (1) of the examinations set forth in section 54-3108, Idaho Code; and
(2) Provides documentation that the individual has continually worked as a certified shorthand reporter for at least three (3) of the last five (5) years immediately prior to application.
[54-3109A, added 2019, ch. 47, sec. 3, p. 129; am. 2022, ch. 246, sec. 27, p. 807.]
The board shall be entitled to charge and collect the following fees:
(1) The sum of fifty dollars ($50.00) as an application fee for any certificate or temporary permit.
(2) The sum of fifty dollars ($50.00) as an examination fee for the administration of the reporters examination to any applicant.
(3) A sum not to exceed one hundred fifty dollars ($150) as a renewal fee for any certificate or temporary permit.
(4) The failure to renew a certificate biennially, prior to expiration, shall not deprive such person of the right of renewal or reinstatement in accordance with section 67-2614, Idaho Code.
(5) A sum not to exceed twenty dollars ($20.00) as a fee for examination preparation materials.
[54-3110, added 1974, ch. 110, sec. 11, p. 1255; am. 1987, ch. 72, sec. 3, p. 143; am. 1992, ch. 191, sec. 3, p. 597; am. 2003, ch. 88, sec. 1, p. 270; am. 2005, ch. 84, sec. 4, p. 300; am. 2008, ch. 68, sec. 10, p. 180; am. 2015, ch. 152, sec. 4, p. 543; am. 2024, ch. 86, sec. 29, p. 410.]
The board shall conduct the Idaho certified shorthand reporter examination at least once every year and may conduct additional examinations. The board shall give public notice of the time and place of each examination.
[54-3111, added 1974, ch. 110, sec. 12, p. 1255; am. 2005, ch. 84, sec. 5, p. 301; am. 2008, ch. 68, sec. 11, p. 180; am. 2015, ch. 152, sec. 5, p. 543.]
The board may refuse to issue, refuse to renew, suspend, revoke, or otherwise sanction a temporary permit or certified shorthand reporter certificate for any of the following reasons:
(1) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code. The record of conviction, or a certified copy thereof, shall be prima facie evidence of conviction in such cases.
(2) Fraud or misrepresentation resorted to in obtaining a certificate thereunder.
(3) Fraud, dishonesty, corruption, willful violation of duty, gross incompetence in practice or unprofessional conduct in performing services as a certified shorthand reporter.
(4) Persistent failure to perform duties.
(5) Any physical or mental disability materially interfering with the performance of duties.
(6) The violation of the provisions of this chapter or rules, or any ethical codes as may be adopted by the board.
[54-3112, added 1974, ch. 110, sec. 13, p. 1255; am. 1987, ch. 72, sec. 4, p. 143; am. 2008, ch. 68, sec. 12, p. 181; am. 2020, ch. 175, sec. 29, p. 536.]
The board shall, upon a verified complaint in writing by any member of the board or by a certified shorthand reporter or any person claiming to have been injured or defrauded, investigate the actions of any certified shorthand reporter alleged to have committed a violation of this chapter or any of the grounds for revocation or suspension of a certificate. For the purpose of such investigations and hearings, each member of the board is empowered to administer oaths and affirmations, subpoena witnesses, and hear and receive evidence anywhere in the state. Upon conclusion of the hearings, the board shall determine by majority vote whether the certificate of the certified shorthand reporter should be revoked or suspended for a stated period of time, or whether such disciplinary action short of suspension or revocation should be imposed, including, but not limited to, conditional probationary periods and the imposition of fines, or whether the complaint should be dismissed. The proceedings and hearings pursuant to this section shall be governed by chapter 52, title 67, Idaho Code. The assessment of costs and attorney’s fees shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-3113, added 1974, ch. 110, sec. 14, p. 1255; am. 1997, ch. 88, sec. 1, p. 213; am. 2008, ch. 68, sec. 13, p. 181; am. 2018, ch. 348, sec. 17, p. 814.]
Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending, revoking or otherwise disciplining a certified shorthand reporter certificate or temporary permit may seek judicial review thereof as provided in chapter 52, title 67, Idaho Code. A copy of the petition for judicial review shall be served upon the board and upon the board’s administrative legal counsel who shall represent the board in such appeal.
[54-3114, added 1974, ch. 110, sec. 19, p. 1255; am. 1993, ch. 216, sec. 88, p. 661; am. 2008, ch. 68, sec. 14, p. 181; am. 2015, ch. 152, sec. 6, p. 543.]
A temporary permit or certified shorthand reporter certificate which has been revoked or suspended, may be reinstated at the discretion of the board upon a finding that the grounds for suspension or revocation no longer exist or that the reporter has made adequate restitution for any damages caused by any misconduct and has demonstrated that the misconduct will not recur. An application for reinstatement shall be in such form as prescribed by the board by rule, and shall be accompanied by an application fee and a reinstatement fee. In the event the certificate was originally suspended or revoked for incompetence, the applicant for reinstatement shall also be required to take and pass the reporters examination and pay an examination fee.
[54-3115, added 1974, ch. 110, sec. 15, p. 1255; am. 2008, ch. 68, sec. 15, p. 182; am. 2022, ch. 246, sec. 28, p. 807.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-3117, added 1974, ch. 110, sec. 17, p. 1255; am. 2008, ch. 68, sec. 17, p. 182; am. 2022, ch. 94, sec. 44, p. 311.]
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of not less than fifty dollars ($50.00) and not exceeding two hundred dollars ($200) for each offense, or imprisonment in the county jail for a term of not more than ninety (90) days, or by both such fine and imprisonment.
[54-3118, added 1974, ch. 110, sec. 18, p. 1255; am. 2008, ch. 68, sec. 18, p. 182.]
Recognizing that the profession of social work involves the application of a special knowledge of social resources, social systems, human capabilities, and the part that conscious and unconscious motivation plays in determining behavior, and further recognizing that social work profoundly affects the lives of people of the state of Idaho, it is the legislative intent and purpose of this act to protect the public by setting standards of qualification, education, training and experience, and professional competence for those who engage in the practice of social work.
[54-3201, added 1976, ch. 213, sec. 1, p. 776.]
As used in this chapter, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meaning.
(1) "Board" means the state board of social work examiners hereinafter provided in this chapter.
(2) "Social work" is defined as the professional activity of helping individuals, groups, families and communities enhance or restore their capacity for social functioning and creating societal conditions favorable to this goal. Social work practice consists of the professional application of social work values, principles and techniques. The practice of social work requires knowledge of human development and behavior of social, economic and cultural institutions and of the interaction of all these factors.
(3) "Clinical social worker" means an individual who is licensed under this chapter and may be designated as a licensed clinical social worker (LCSW).
(4) "Master social worker" means an individual who is licensed under this chapter and may be designated as a licensed master social worker (LMSW).
(5) "Bachelor social worker" means an individual who is licensed under this chapter and may be designated as a licensed bachelor social worker (LBSW).
[54-3202, added 1976, ch. 213, sec. 1, p. 777; am. 2002, ch. 85, sec. 1, p. 190.; am. 2010, ch. 161, sec. 1, p. 334; am. 2019, ch. 78, sec. 1, p. 182.]
(1) A state board of social work examiners is hereby created and made a part of the division of occupational and professional licenses. It shall be the duty of the board to administer the provisions of this chapter pursuant to the provisions of chapters 26 and 52, title 67, Idaho Code. The board shall consist of six (6) members, three (3) of which shall be masters social workers, and two (2) of which shall be social workers, and one (1) of which shall be a lay member and all of whom shall be appointed by and serve at the pleasure of the governor. All terms shall be for a period of five (5) years. Whenever a board member’s term expires or a vacancy occurs, the governor may consider recommendations for appointment to the board for a new term or for an unexpired term from any Idaho organization and from any individual residing in this state.
(2) Each social work member of the board shall:
(a) Be a resident of this state;
(b) Be currently licensed and in good standing to engage in the practice of social work in this state;
(c) At the time of appointment, have been actively engaged in the practice of social work for at least one (1) out of the last five (5) years; and
(d) Have at least three (3) years of experience in the practice of social work.
(3) Each fiscal year, the chairmanship will rotate to the person who is in the fourth year of their five (5) year term. The chairman shall preside at all meetings of the board. If this person is unable to serve, an election by a majority vote of the board shall determine the person who will serve as chair for that fiscal year. In the event the chairman is not present at any board meeting, the board may by majority vote of the members present appoint a temporary chairman. A majority of the members of the board shall constitute a quorum.
(4) Each member of the board shall be compensated as provided by section 59-509(b), Idaho Code.
[54-3203, added 1976, ch. 213, sec. 1, p. 777; am. 1980, ch. 247, sec. 76, p. 644; am. 2002, ch. 85, sec. 2, p. 190; am. 2004, ch. 110, sec. 1, p. 384; am. 2016, ch. 340, sec. 36, p. 956; am. 2021, ch. 222, sec. 28, p. 643.]
The board shall have the following powers and duties:
(1) To adopt and amend rules to administer and carry out the provisions of this chapter and for the conduct of its affairs, provided that such rules shall be promulgated in accordance with the provisions of chapters 26 and 52, title 67, Idaho Code;
(2) To maintain a list of the names and addresses of all persons licensed under this chapter;
(3) At its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this chapter;
(4) To prescribe by rule the minimum amount and kind of continuing education to be required of each social worker seeking to renew a license in the state of Idaho;
(5) To establish by rule an inactive license status;
(6) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of social work;
(7) To review the practice of a social worker licensed pursuant to this chapter who is the subject of a complaint regarding a potential violation of the provisions of this chapter. This review may include client records, notes of the license holder and other materials related to the practice. The review will remain subject to nondisclosure according to the provisions of chapter 1, title 74, Idaho Code, unless the written consent of the client is received by the board;
(8) To establish by rule the standards and requirements for the use of communication technology in the practice of social work, including supervision.
[54-3204, added 1976, ch. 213, sec. 1, p. 778; am. 1994, ch. 139, sec. 1, p. 311; am. 2002, ch. 85, sec. 3, p. 191; am. 2008, ch. 15, sec. 1, p. 21; am. 2013, ch. 15, sec. 1, p. 25; am. 2014, ch. 54, sec. 1, p. 132; am. 2015, ch. 141, sec. 148, p. 494; am. 2022, ch. 94, sec. 45, p. 312.]
All fees received under the provisions of this act shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this act shall be a charge against and paid from said fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this act, the provisions of any other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims that in aggregate with claims already paid exceed the income to the occupational licenses fund, which has been derived by the application of this act.
The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this act.
[54-3205, added 1976, ch. 213, sec. 1, p. 778; am. 2021, ch. 224, sec. 61, p. 682.]
The board shall issue licenses to qualified applicants who have passed an examination conducted or approved by the board, have not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and meet one (1) of the following:
(1) For a clinical social worker license, possess a master’s degree or doctorate in social work and two (2) years of postgraduate supervised clinical experience approved by the board;
(2) For a master social worker license, possess a master’s degree or doctorate in social work from a college or university approved by the board; or
(3) For a bachelor social worker license, possess a baccalaureate degree in social work from a college or university approved by the board.
[54-3206, added 1976, ch. 213, sec. 1, p. 779; am. 2010, ch. 161, sec. 2, p. 335; am. 2019, ch. 78, sec. 2, p. 182; am. 2022, ch. 246, sec. 29, p. 807.]
(1) The private practice of social work is defined as that independent practice in which an individual is responsible for the contractual conditions of payment with clients, agencies and institutions.
(2) The independent practice of social work is defined as that practice in which an individual who, wholly or in part, practices social work autonomously with total responsibility for such independent practice.
[54-3207, added 1976, ch. 213, sec. 1, p. 779; am. 2002, ch. 85, sec. 4, p. 192.]
An applicant for endorsement shall hold a current unrestricted license in another state or territory and shall meet those requirements as provided by board rule.
[54-3208, added 1976, ch. 213, sec. 1, p. 779; am. 2002, ch. 85, sec. 5, p. 192.]
Each person submitting an application for licensure to practice social work shall pay an application fee, as determined by the rules of the board, which shall not exceed three hundred dollars ($300) and which shall include the original license fee. Each person licensed to practice social work shall pay a license renewal fee, not to exceed three hundred dollars ($300) as determined by the rules of the board. All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. Renewal shall be in accordance with the requirements of section 67-2614, Idaho Code.
[54-3209, added 1976, ch. 213, sec. 1, p. 780; am. 1979, ch. 102, sec. 1, p. 246; am. 2001, ch. 78, sec. 1, p. 198; am. 2002, ch. 85, sec. 6, p. 193; am. 2003, ch. 21, sec. 15, p. 88; am. 2004, ch. 116, sec. 1, p. 390; am. 2009, ch. 149, sec. 1, p. 439; am. 2024, ch. 86, sec. 30, p. 410; am. 2025, ch. 104, sec. 11, p. 557.]
The board shall prepare and adopt a code of professional conduct and may revise and amend such code from time to time. Preparation, revision, amendment and distribution of said code of professional conduct shall be pursuant to the provisions of chapters 26 and 52, title 67, Idaho Code.
[54-3210, added 1976, ch. 213, sec. 1, p. 780; am. 2002, ch. 85, sec. 7, p. 193.]
The board may refuse to issue, refuse to renew, may suspend, or may revoke any license issued under this chapter, or take other disciplinary action, upon proof, after a hearing, that the person has engaged in "unprofessional conduct." The words "unprofessional conduct" as relating to persons licensed under this chapter are defined to include but are not limited to:
(1) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
(2) Habitual drunkenness or addiction to habit-forming drugs, either of which impairs the ability to perform his work without danger to himself or the public he serves.
(3) Fraud or deceit in connection with services rendered as a bachelor social worker, master social worker or clinical social worker or in establishing qualifications for licensure under this chapter.
(4) Aiding or abetting any person not licensed under this chapter in the practice of social work in the state of Idaho.
(5) Failing to be licensed or continuing to represent himself as licensed after the expiration of his license.
(6) Being found guilty of unprofessional conduct by the rules established by the board.
(7) Having had a license or registration to practice social work revoked, suspended or otherwise disciplined in any state, territory or county.
(8) Failing to comply with a board order entered in a disciplinary action.
(9) Failing to comply with any of the provisions of this chapter.
[54-3211, added 1976, ch. 213, sec. 1, p. 780; am. 2001, ch. 78, sec. 2, p. 198; am. 2002, ch. 85, sec. 8, p. 193; am. 2013, ch. 15, sec. 2, p. 25; am. 2019, ch. 78, sec. 3, p. 182; am. 2020, ch. 175, sec. 30, p. 537.]
(1) The board shall have the power to refuse to issue, refuse to renew, revoke or suspend any license if the same was obtained through error or fraud, or if the holder thereof is shown to be incompetent, or has willfully violated any of the rules prescribed by the board, or as prescribed by this chapter; provided that, before any license shall be revoked or suspended, the holder thereof shall have written notice enumerating the charges against him and a hearing by an officer appointed by the board or the division administrator of the division of occupational and professional licenses shall be held after notice has been served on the licensee. The provisions of chapter 52, title 67, Idaho Code, shall apply to all cases of revocation or suspension of licenses.
(2) The division administrator of the division of occupational and professional licenses shall have the power to appoint, by an order in writing, any competent person to take testimony, who shall have power to administer oaths, issue subpoenas and compel the attendance of witnesses, and the decision of the board shall be based on examination of the testimony taken and the records produced. Any person whose license has been revoked may, after the expiration of two (2) years from the date of such revocation, but not before, apply for a new license.
[54-3212, added 1976, ch. 213, sec. 1, p. 780; am. 2002, ch. 85, sec. 9, p. 194; am. 2022, ch. 94, sec. 46, p. 312.]
No person licensed under the provisions of this chapter shall disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons, except:
(1) With the written consent of that person or, in the case of death or disability, of his own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on his life, health or physical condition;
(2) That a person licensed under the provisions of this chapter shall not be required to treat as confidential communication that reveals the contemplation or execution of a crime or harmful act;
(3) When the person is a minor under the laws of this state, and the information acquired by the licensee indicates that the minor was the victim or subject of a crime, the licensee may testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of such a crime is the subject of the inquiry;
(4) When the person waives the privilege by bringing charges against the licensee;
(5) Communications between any member of an evaluation committee and a respondent as prescribed by section 66-406(9), Idaho Code.
[54-3213, added 1976, ch. 213, sec. 1, p. 781; am. 2002, ch. 85, sec. 10, p. 194.]
(1) No person may engage in the practice of social work unless that person is licensed under this chapter or is a student under the supervision of a person who is licensed under this chapter.
(2) No person shall be represented as a social worker by the use of titles "social worker," "bachelor social worker," "master social worker," "clinical social worker," "social caseworker," "social service worker," "social service director" or any other title or similar designation that includes such words or by adding the letters "LCSW," "SW," "LSW," "LBSW," or "LMSW" unless licensed under the provisions of this chapter.
(3) Nothing within this chapter shall be construed to prevent any person from doing work within the standards and ethics of their respective professions or calling, provided they do not hold themselves out to the public by title or description of service as being engaged in social work practice.
[54-3214, added 1976, ch. 213, sec. 1, p. 781; am. 2002, ch. 85, sec. 11, p. 195; am. 2019, ch. 78, sec. 4, p. 183.]
Students enrolled in a recognized program leading to a degree in social work may practice only under the direct supervision of a social worker of the licensure status necessary to provide the appropriate level of supervision as provided by board rule. This chapter shall not apply to any employee of any nursing or intermediate care facility licensed under section 39-1301, Idaho Code, who is designated in writing to be responsible for that facility’s social services program and who receives regular consultation from a qualified social worker.
[54-3215, added 1976, ch. 213, sec. 1, p. 782; am. 2000, ch. 166, sec. 1, p. 417; am. 2001, ch. 167, sec. 1, p. 579; am. 2002, ch. 85, sec. 12, p. 195; am. 2025, ch. 122, sec. 36, p. 644.]
It shall be the right and duty of the attorney general or the prosecuting attorneys of the various counties to represent and appear for the people of the state of Idaho and the board in all actions and proceedings involving any question under this act or under any order or act of said board and perform such other services as required.
[54-3216, added 1976, ch. 213, sec. 1, p. 782.]
Any person who shall engage in the profession of social work as herein defined without a license as provided for by this act, or the rules or regulations of the board herein provided for, shall be guilty of a misdemeanor.
[54-3217, added 1976, ch. 213, sec. 1, p. 782.]
As used in this chapter:
(1) "Board" means the state board of dentistry.
(2) "Denture" means any removable full upper or lower prosthetic dental appliance to be worn in the human mouth.
(3) "Denturist" means a person licensed pursuant to this chapter to engage in the practice of denturitry.
(4) "Division" means the division of occupational and professional licenses.
(5)(a) "Practice of denturitry" means:
(i) The making, fitting, constructing, altering, reproducing, or repairing of a full upper or lower removable prosthetic denture, the repairing of a removable partial upper or lower prosthetic denture, the furnishing or supplying of such a denture directly to a person, or advising the use of any such denture; and
(ii) The taking or making, or providing advice, assistance, or facilities respecting the taking or making, of any impression, bite, cast, or design preparatory to or for the purpose of making, constructing, fitting, furnishing, supplying, altering, repairing, or reproducing any full upper or lower removable prosthetic denture.
(b) The practice of denturitry within the context of this chapter requires that all work except cast framework or work required to meet the needs of the homebound be performed on the licensee’s premises.
[54-3301, added 2026, ch. 298, sec. 9, p. 1227.]
A person shall hold a license for the practice of denturitry in order to:
(1) Engage in or offer to engage in the practice of denturitry; or
(2) Use in connection with such person’s name the word "denturist" or any other words, letters, abbreviations, or insignia implying that such person is engaged in the practice of denturitry.
[54-3302, added 2026, ch. 298, sec. 9, p. 1228.]
The prohibitions of this chapter do not apply to:
(1) A person interning under the supervision of a denturist;
(2) The practice of dentistry or medicine by persons authorized to do so by this state;
(3) A student of denture technology in pursuit of clinical studies under an approved school program; or
(4) A denture technician, as defined by board rule, performing services under the direction of a licensed denturist or licensed dentist when the service does not involve contact with the intended user.
[54-3303, added 2026, ch. 298, sec. 9, p. 1228.]
Licensed denturists shall not:
(1) Perform procedures that would alter any oral tissues or natural teeth;
(2) Insert or fit immediate dentures in the mouth of the intended wearer;
(3) Diagnose or treat any abnormalities of any human mouth;
(4) Prescribe any drugs or treatment for any oral or medical diseases; or
(5) Construct or fit orthodontic appliances.
[54-3304, added 2026, ch. 298, sec. 9, p. 1228.]
Upon application and payment of the appropriate fee, the board shall issue a license to practice denturitry to any applicant who has:
(1) Satisfactorily completed the examination approved by the board;
(2) Completed formal training of no less than two (2) years’ duration at an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education, the curriculum of which includes courses in oral pathology, physiology, head and oral anatomy, clinical microbiology, clinical jurisprudence, asepsis, and first aid for minor office emergencies; and
(3) Completed an internship of at least two (2) years under the supervision of a licensed denturist or have equivalent experience as established by board rule prior to the filing of the application.
[54-3305, added 2026, ch. 298, sec. 9, p. 1228.]
The board shall be entitled to charge and collect the following fees:
(1) An application fee of not to exceed three hundred dollars ($300);
(2) An initial license fee of not to exceed six hundred dollars ($600); and
(3) A renewal fee of not to exceed two thousand dollars ($2,000).
[54-3306, added 2026, ch. 298, sec. 9, p. 1229.]
(1) The board shall have the power to refuse to issue a license, suspend or revoke a license, or place a licensed person on probation for a period specified by the board and subject to such conditions as the board shall impose or to reprimand or censure a licensee for any of the following:
(a) Conviction or finding of guilt in this or any other state of a felony or any other crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Incompetence or gross negligence in the practice of denturitry;
(c) Fraud or misrepresentation in the practice of denturitry;
(d) Use of any narcotic or dangerous drug or intoxicating liquor to an extent that such use impairs the ability to safely conduct the practice of denturitry; or
(e) A violation of this chapter or any rule adopted pursuant to the provisions of this chapter.
(2) The division shall have the power to examine and inspect the place of business of any licensed denturist at a reasonable time and in a reasonable manner to assure compliance with this chapter.
(3) The board shall have the right to establish standards of conduct and practice and the power to enforce such standards with monetary penalties, revocation or suspension of licensure, or both.
[54-3307, added 2026, ch. 298, sec. 9, p. 1229.]
A denturist whose license has been revoked either by the board or a similar body of another state shall not be eligible to apply for a license until one (1) year after the date of revocation.
[54-3308, added 2026, ch. 298, sec. 9, p. 1229.]
All licenses issued pursuant to the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-3309, added 2026, ch. 298, sec. 9, p. 1229.]
All moneys received pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board pursuant to the provisions of this chapter shall be a charge against and paid from said fund. In no instance will the occupational licenses fund be obligated to pay any claims that in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
[54-3310, added 2026, ch. 298, sec. 9, p. 1229.]
Notwithstanding any provisions of any policy of insurance covering dental health, whenever such policy provides for reimbursement for any service that is within the lawful scope of practice of a denturist, the insured under such policy shall be entitled to reimbursement for such service, whether the service is performed by a licensed dentist or a licensed denturist.
[54-3311, added 2026, ch. 298, sec. 9, p. 1229.]
(1) There shall be posted in a conspicuous area on the premises of any practice of denturitry a notice with lettering of a size easily read by the average person and in substantially the following form:
ANY CONSUMER WHO HAS A COMPLAINT RELATING TO PRACTICES OF THIS ESTABLISHMENT MAY CONTACT THE IDAHO BOARD OF DENTISTRY………… (address) with a copy to THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES………… (address)
(2) No person licensed pursuant to the provisions of this chapter shall directly or indirectly:
(a) Make any payment or gift to a person who has referred a patient;
(b) Receive or accept any rebate, payment, or gift from any person to whom a patient is referred; or
(c) Engage in any form of fee-splitting or other form of sharing of remuneration with respect to referrals.
(3) All denturist services will be unconditionally guaranteed for a period of no less than ninety (90) days.
[54-3312, added 2026, ch. 298, sec. 9, p. 1230.]
Whenever any person, corporation, partnership, or association of any kind or nature violates any of the provisions of this chapter, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership, or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada county. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, upon request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served on the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts is established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued pursuant to the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for contempt of court.
[54-3313, added 2026, ch. 298, sec. 9, p. 1230.]
(a) After providing an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, the board shall have the power to refuse to issue a license, suspend or revoke a license, or place a licensed person on probation for a period specified by the board and subject to such conditions as the board shall impose, or reprimand or censure a licensee for any of the following causes:
(1) Conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state of a felony or of any other crime where such crime bears a demonstrable relationship to the practice of denturitry.
(2) Incompetence or gross negligence in the practice of denturitry.
(3) Fraud or misrepresentation in the practice of denturitry.
(4) Use of any narcotic or dangerous drug or intoxicating liquor to an extent that such use impairs the ability to conduct safely the practice of denturitry.
(5) The violation of any provision of this chapter or rules adopted thereunder.
(b) The board shall have the power to examine and inspect the place of business of any licensed denturist at a reasonable time and in a reasonable manner to assure compliance with this chapter.
(c) The board shall have the right to establish standards of conduct and practice, and the power to enforce such standards with monetary penalties and/or revocation or suspension of license.
[54-3314, added Init Measure 1982 No. 2, sec. 14; am. 1983, ch. 194, sec. 1, p. 532; am. 1988, ch. 133, sec. 5, p. 239; am. 1993, ch. 216, sec. 89, p. 662.]
A denturist whose license has been revoked either by the Idaho board of denturitry or the similar body of another state, shall not be eligible to apply for a license until one (1) year after the date of revocation.
[54-3315, added Init Measure 1982 No. 2, sec. 15; am. 1983, ch. 194, sec. 1, p. 532.]
All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-3316, added Init Measure 1982 No. 2, sec. 16; am. 1983, ch. 194, sec. 1, p. 532; am. 2003, ch. 21, sec. 17, p. 89; am. 2024, ch. 86, sec. 32, p. 411.]
All moneys received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from said fund. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
[54-3317, added Init Measure 1982 No. 2, sec. 17; am. 1983, ch. 194, sec. 1, p. 533; am. 2021, ch. 224, sec. 62, p. 682.]
Notwithstanding any provisions of any policy of insurance covering dental health, whenever such policy provides for reimbursement for any service which is within the lawful scope of practice of a denturist, the insured under such policy shall be entitled to reimbursement for such service, whether the service is performed by a licensed dentist or a licensed denturist. This section shall apply to any policy covering dental insurance which is issued after January 1, 1983. Policies which are in existence on January 1, 1983, shall be brought into compliance on the next anniversary date, renewal date, or the expiration date of the applicable collective bargaining contract, if any, whichever date is latest.
[54-3318, added Init Measure 1982 No. 2, sec. 18; am. 1983, ch. 194, sec. 1, p. 533.]
Violation of any provision of this chapter shall constitute a misdemeanor.
[54-3319, added Init Measure 1982 No. 2, sec. 19; am. 1983, ch. 194, sec. 1, p. 533.]
(a) There shall be posted in a conspicuous area on any premises where the practice of denturitry is carried on, a notice with lettering of a size easily read by the average person and in substantially the following form:
ANY CONSUMER WHO HAS A COMPLAINT RELATING TO PRACTICES OF THIS ESTABLISHMENT MAY CONTACT THE IDAHO BOARD OF DENTURITRY………… (address) with a copy to THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES………… (address)
(b) No person licensed under the provisions of this chapter shall directly or indirectly:
(1) Make any payment or gift to a person who has referred a patient;
(2) Receive or accept any rebate, payment or gift from any person to whom a patient is referred; or
(3) Engage in any form of fee-splitting or other form of sharing of remuneration, with respect to referrals.
(c) All denturist services will be unconditionally guaranteed for a period of not less than ninety (90) days.
[54-3320, added Init Measure 1982 No. 2, sec. 20; am. 1983, ch. 194, sec. 1, p. 533; am. 2022, ch. 94, sec. 48, p. 313.]
Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a denturist license may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code. A copy of the petition for judicial review shall be served upon the president or secretary of the board with notice to the attorney general of the state of Idaho.
[54-3321, added Init Measure 1982 No. 2, sec. 21; am. 1983, ch. 194, sec. 1, p. 534; am. 1993, ch. 216, sec. 90, p. 662.]
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter shall supersede and take precedence over any conflicting provisions contained in chapter 9, title 54, Idaho Code, concerning the practice of dentistry.
[54-3322, added Init Measure 1982 No. 2; am. 1983, ch. 194, sec. 1, p. 534.]
Whenever any person, corporation, partnership or association of any kind or nature violates any of the provisions of this act, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada county. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, on request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts be established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for his contempt of court.
[54-3323, added 1988, ch. 133, sec. 6, p. 240.]
The practice of counseling and marriage and family therapy in the state of Idaho is hereby declared to affect the public health, safety and welfare, and to be subject to regulation and control in the public interest to protect the public from the unprofessional, improper, unauthorized and unqualified practice of counseling or marriage and family therapy, and from unprofessional conduct by persons licensed to practice counseling or marriage and family therapy. This chapter should be construed liberally to carry out these objectives and purposes.
[54-3400, added 1998, ch. 413, sec. 1, p. 1302; am. 2012, ch. 68, sec. 1, p. 191.]
As used in this chapter:
(1) "Board" means the Idaho state licensing board of professional counselors and marriage and family therapists.
(2) "Department" means the department of self-governing agencies of the state of Idaho.
(3) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(4) "Licensed associate marriage and family therapist" means any person licensed under this chapter as an associate marriage and family therapist to practice marriage and family therapy under supervision as set forth in this chapter.
(5) "Licensed clinical professional counselor" means any person licensed under this chapter as a licensed clinical professional counselor to practice clinical professional counseling as set forth in this chapter.
(6) "Licensed marriage and family therapist" means any person licensed under this chapter to practice marriage and family therapy as defined in this chapter.
(7) "Licensed professional counselor" means any person licensed under this chapter to practice professional counseling as defined in this chapter.
(8) "Marriage and family therapy" means the evaluation and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of marriage and family systems. Marriage and family therapy includes the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples and families for the purpose of treating nervous and mental disorders including, but not limited to, addictive disorders.
(9) "Practice of marriage and family therapy" means the rendering of professional marriage and family therapy services to individuals, couples and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private. A licensed associate marriage and family therapist shall only practice marriage and family therapy under supervision as established in this chapter and rules of the board. The practice of marriage and family therapy is restricted to marriage and family therapists competent in the area of practice, and in the use of such methods, techniques or modalities.
(10) "Practice of professional counseling" means the application of mental health, psychological, and human development principles in order to facilitate human development and adjustment throughout the life span; prevent, assess, and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health; conduct assessments for the purpose of establishing treatment goals and objectives; and plan, implement and evaluate treatment plans using counseling treatment interventions. The practice of professional counseling also means the application of cognitive, affective, behavioral, and systemic counseling strategies across the continuum of care. It includes principles of development, wellness and pathology that reflect a contemporary society. Such interventions are specifically implemented in the context of a professional counseling setting.
The practice of professional counseling includes, but is not limited to:
(a) Individual, group, couples, family counseling and therapy;
(b) Assessment;
(c) Crisis intervention;
(d) Treatment of persons with mental and emotional disorders including, but not limited to, addictive disorders;
(e) Guidance and consulting to facilitate normal growth and development, including educational and career development;
(f) Utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability;
(g) Consulting;
(h) Research; and
(i) Referral.
The use of specific methods, techniques, or modalities within the practice of professional counseling is restricted to professional counselors appropriately trained in the use of such methods, techniques or modalities.
(11) "Supervised experience" and "experience under supervision" means a face-to-face process by which an approved supervisor facilitates the professional growth of a supervisee and monitors the supervisee’s clinical performance. A supervisor provides professional direction to help the supervisee attain knowledge, improve case conceptualization and process skills, address personal issues as it pertains to clinical work, and strengthen professional development, ethics and boundary-setting as the supervisee provides clinical services to clients. A supervisor monitors the supervisee’s clinical performance through direct and indirect observation of the services delivered by the supervisee, such as audio or video recordings, live supervision and other methods of observation of services.
[54-3401, added 1982, ch. 183, sec. 1, p. 480; am. 1998, ch. 413, sec. 2, p. 1302; am. 2001, ch. 71, sec. 2, p. 143; am. 2008, ch. 87, sec. 1, p. 237; am. 2010, ch. 235, sec. 40, p. 575; am. 2012, ch. 68, sec. 2, p. 191; am. 2022, ch. 94, sec. 49, p. 313.]
It shall be unlawful for any person to engage in any of the following acts:
(1) To practice professional counseling or marriage and family therapy for compensation without first having complied with the provisions of this chapter and without a valid license as required by this chapter.
(2) To represent himself/herself to be a licensed professional counselor or licensed clinical professional counselor or licensed marriage and family therapist or licensed associate marriage and family therapist unless he/she shall first obtain a license pursuant to this chapter.
(3) To make use of any title, words, letters or abbreviations which may reasonably be confused with a designation provided by this chapter.
(4) To materially refuse to furnish the board information or records required or requested pursuant to this chapter or pursuant to an investigation commenced pursuant to this chapter.
Nothing in this chapter shall be construed to apply to the activities and services of licensed or credentialed members of other professions, such as physicians, psychologists, registered nurses, social workers, drug and alcohol counselors, or attorneys performing duties consistent with the laws of this state, their training, and any code of ethics of their professions, provided they do not represent themselves by any title or practice description in the manner prescribed in section 54-3401, Idaho Code.
Nothing in this chapter shall be construed to apply to the activities, services and use of an official title on the part of a person certified by the state to render counseling or marriage and family therapy or counseling-related services, provided such persons are performing these activities within the scope of their employment, including school and vocational counselors.
Nothing in this chapter shall be construed to apply to the activities and services of a student or trainee pursuing a course of study in counseling or in marriage and family therapy in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study, or of an intern in counseling acting under the direct supervision of a licensed professional counselor as established and limited by rules of the board, or of an intern in marriage and family therapy acting under the direct supervision as established and limited by rules of the board provided, that such person be designated, for example, a "counselor intern" or "marriage and family therapy intern."
Nothing in this chapter shall be construed to apply to the activities and services of a person obtaining their postgraduate marriage and family therapy clinical experience, provided these activities are provided under supervision, and provided they have registered according to procedures to be established by the board.
Nothing in this chapter shall be construed to apply to a nonresident whose counseling or marriage and family therapy activities and services are rendered not more than ten (10) days during any calendar year, provided that such a person is duly authorized to perform such activities and services under the laws of the state or country of that person’s residence.
Nothing in this chapter shall be construed to apply to the activities and services of any religious denomination or sect or faith-based counseling of any kind.
Nothing in this chapter shall be construed to apply to the activities and descriptions of persons offering volunteer or professional services for public and private nonprofit organizations or agencies for which the services are rendered.
Nothing in this chapter shall be construed to apply to a person authorized to practice counseling or marriage and family therapy in another state or country rendering care in a time of disaster.
[54-3402, added 1982, ch. 183, sec. 1, p. 480; am. 1998, ch. 413, sec. 3, p. 1303; am. 2001, ch. 71, sec. 3, p. 144; am. 2001, ch. 83, sec. 1, p. 206; am. 2008, ch. 87, sec. 2, p. 238; am. 2012, ch. 68, sec. 3, p. 193.]
There is hereby created in the division of occupational and professional licenses an Idaho state licensing board of professional counselors and marriage and family therapists as follows:
(1) The board shall consist of six (6) members, residents of the state of Idaho, who shall be appointed by and serve at the pleasure of the governor. In making appointments, the governor shall give consideration to recommendations submitted by the Idaho counseling association in consultation with other state counselor organizations, the Idaho association for marriage and family therapy in consultation with other state marriage and family therapy organizations, and any individual residing in this state.
(2) When the term of each member ends, the governor shall appoint the successor for a term of four (4) years from qualified candidates. Any vacancy occurring on the board shall be filled by the governor by appointment for the unexpired term.
(3) At all times, the board shall have two (2) members who are licensed as clinical professional counselors or professional counselors and who are engaged primarily in rendering counseling service; one (1) member who is engaged or has been engaged primarily in teaching, training or research in higher education in counseling or marriage and family therapy; one (1) member who is licensed or is eligible for licensure as both a professional counselor and a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy or marriage and family counseling; one (1) member who is licensed as a marriage and family therapist and who is engaged primarily in rendering marriage and family therapy; and one (1) member from the general public with an interest in the rights of consumers of counseling and therapy services. Except for the initial appointment, all members of the board except the member from the general public shall be licensed under this chapter.
(4) No board member shall serve more than two (2) full consecutive terms.
(5) The members of the board shall be compensated as provided in section 59-509(m), Idaho Code.
(6) The board shall annually hold a meeting and elect a chairman and vice chairman from among its members. The board shall meet at such other times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Notice of all meetings shall be given in the manner prescribed by law. A majority of the board shall constitute a quorum at any meeting or hearing.
[54-3403, added 1982, ch. 183, sec. 1, p. 481; am. 1996, ch. 66, sec. 9, p. 208; am. 2001, ch. 71, sec. 4, p. 145; am. 2012, ch. 68, sec. 4, p. 194; am. 2016, ch. 340, sec. 38, p. 957; am. 2021, ch. 222, sec. 30, p. 644.]
The board shall have the following powers:
(1) To regulate the practice of professional counselors, clinical professional counselors, associate marriage and family therapists and marriage and family therapists in the state of Idaho.
(2) To pass upon the qualifications and fitness of applicants for licenses and to adopt rules requiring annual continuing education as a condition for the renewal of licenses issued under this chapter.
(3) To adopt and from time to time revise such rules as may be necessary to carry into effect the provisions of this chapter. Such rules shall include, but not be limited to, a code of ethics for professional counselors and a code of ethics for marriage and family therapists in the state, which shall be adopted in compliance with chapter 52, title 67, Idaho Code.
(4) To review the practice of professional counselors, clinical professional counselors, associate marriage and family therapists and marriage and family therapists licensed under this chapter and charged with a violation of the provisions of this chapter. This review may include the notes of the license holder and other materials related to the practice. The review will remain subject to disclosure according to chapter 1, title 74, Idaho Code, unless the written consent of the client is received by the board.
(5) To establish a peer review system whereby each license holder’s practice may be reviewed to ensure continuing practice in an appropriate and ethical manner.
(6) To examine for, deny, approve, issue, revoke, suspend and renew the licenses of applicants pursuant to this chapter, and to conduct hearings in connection therewith.
(7) To conduct hearings to suspend or revoke licenses for violations of the law and rules adopted pursuant to this chapter and cause the prosecution and enjoinder of all such violations.
(8) In any proceeding before the board authorized by this chapter, the board or its designee may administer oaths or affirmations to witnesses appearing before it.
(9) To authorize, by written agreement, the division administrator of the division of occupational and professional licenses as agent to act in its interest.
(10) To provide, by rule, licensed professional counselor, licensed clinical professional counselor, licensed associate marriage and family therapist and licensed marriage and family therapist specialty standards.
(11) To establish by rule the standards and requirements for the use of communication technology in the practice of counseling and marriage and family therapy, including supervision.
[54-3404, added 1982, ch. 183, sec. 1, p. 482; am. 1990, ch. 213, sec. 82, p. 549; am. 1993, ch. 65, sec. 1, p. 167; am. 1993, ch. 205, sec. 1, p. 563; am. 2001, ch. 71, sec. 5, p. 146; am. 2004, ch. 312, sec. 1, p. 875; am. 2012, ch. 68, sec. 5, p. 195; am. 2014, ch. 53, sec. 1, p. 131; am. 2015, ch. 141, sec. 149, p. 495; am. 2022, ch. 94, sec. 50, p. 315.]
(1) Licensure as a "licensed professional counselor" shall be restricted to persons who:
(a) Have not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Have submitted to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code; and
(c) Have successfully completed each of the following requirements:
(i) A master’s degree or higher in counseling or a related field of study, as approved by the board, that includes completion of a practicum of supervised clinical contact as defined by rule;
(ii) An examination, if required by the board’s rules; and
(iii) One thousand (1,000) hours of supervised experience in counseling acceptable to the board.
(2) A license will not be issued to an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
[54-3405, added 1982, ch. 183, sec. 1, p. 482; am. 1999, ch. 152, sec. 1, p. 426; am. 2001, ch. 83, sec. 2, p. 207; am. 2005, ch. 46, sec. 1, p. 175; am. 2019, ch. 57, sec. 1, p. 146; am. 2022, ch. 246, sec. 30, p. 807; am. 2024, ch. 101, sec. 12, p. 457.]
Licensure as a "licensed clinical professional counselor" shall be restricted to persons who:
(1) Hold a valid licensed professional counselor license in good standing;
(2) Document two thousand (2,000) hours of direct client contact experience under supervision in no less than a two (2) year period as set forth in this chapter and the rules of the board;
(3) Successfully complete a written examination as approved by the board and defined in rules of the board; and
(4) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code.
[54-3405A, added 2012, ch. 68, sec. 6, p. 195; am. 2024, ch. 101, sec. 13, p. 458.]
(1) In addition to such other information as the board may require by rule, each applicant for licensure as a licensed associate marriage and family therapist shall:
(a) Hold a master’s degree or higher in marriage and family therapy or a related field of study as approved by the board and complete a practicum of supervised clinical contact with individuals, couples, families and other systems as part of the graduate program and as defined by rule;
(b) Submit an application in the form prescribed by the board;
(c) Pay the fee determined by the board by rule;
(d) Provide evidence satisfactory to the board of having successfully passed an examination approved by the board and defined by rule; and
(e) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code.
(2) A license will not be issued to an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
[54-3405B, added 2008, ch. 87, sec. 3, p. 239; am. 2018, ch. 59, sec. 1, p. 146; am. 2024, ch. 101, sec. 14, p. 458.]
(1) In addition to such other information as the board may require by rule, each applicant for licensure as a licensed marriage and family therapist shall:
(a) Hold a master’s degree or higher in marriage and family therapy or a related field of study as approved by the board and complete a practicum of supervised clinical contact with individuals, couples, families and other systems as part of the graduate program and as defined by rule;
(b) Document postgraduate supervised experience in marriage and family therapy acceptable to the board as defined by rule;
(c) Submit an application in the form prescribed by the board;
(d) Pay the fee determined by the board by rule;
(e) Provide evidence satisfactory to the board of having successfully passed an examination approved by the board and defined by rule; and
(f) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A, Idaho Code.
(2) A license will not be issued to an individual whose license, certification or registration has been revoked or suspended in this or any other state and in this or any other related field. Such an individual may not be licensed under this chapter unless the period of revocation or suspension has been completed and the board has conducted a competency review and determined that an acceptable degree of rehabilitation has been accomplished.
[54-3405C, added 2001, ch. 71, sec. 6, p. 147; am. 2004, ch. 312, sec. 2, p. 875; am. 2005, ch. 46, sec. 3, p. 175; am. 2012, ch. 68, sec. 7, p. 196; am. 2018, ch. 59, sec. 2, p. 148; am. 2024, ch. 101, sec. 15, p. 458.]
Upon payment of the fee enumerated in this chapter, the board may grant a license to any person who, at the time of application, is licensed or certified as a licensed professional counselor, licensed clinical professional counselor, licensed associate marriage and family therapist or licensed marriage and family therapist by an agency located in another state, territory or foreign country and who meets the qualifications established by board rule.
[54-3406, added 1982, ch. 183, sec. 1, p. 483; am. 2001, ch. 71, sec. 7, p. 149; am. 2001, ch. 83, sec. 5, p. 209; am. 2012, ch. 68, sec. 8, p. 198.]
Subject to the provisions of chapter 52, title 67, Idaho Code, the board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds:
(1) Fraud or deception in procuring or renewing the license;
(2) Conviction of a felony by a court of competent jurisdiction;
(3) Gross incompetency;
(4) Fraud or deceit in the performance of official duties;
(5) For violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter;
(6) Failure to comply with a board order;
(7) Having had a license revoked, suspended or otherwise disciplined by the proper authorities of another state, territory or country.
The board may reinstate any revoked or suspended license upon such terms as it may impose.
[54-3407, added 1982, ch. 183, sec. 1, p. 483; am. 2003, ch. 50, sec. 1, p. 190; am. 2012, ch. 68, sec. 9, p. 198.]
The following acts shall be unlawful and punishable as a misdemeanor:
(1) The violation of any of the provisions of this chapter and any rules promulgated pursuant thereto;
(2) A person representing himself to be a licensed clinical professional counselor or licensed professional counselor or licensed associate marriage and family therapist or licensed marriage and family therapist without having first complied with the provisions of this chapter;
(3) A person who shall practice or attempt to offer to practice professional counseling or marriage and family therapy, as defined in this chapter, without having at the time of so doing, a valid, unexpired, unrevoked and unsuspended license issued under this chapter or the laws of Idaho or any other state governing mental health professionals.
[54-3408, added 1982, ch. 183, sec. 1, p. 483; am. 1998, ch. 413, sec. 5, p. 1305; am. 1999, ch. 152, sec. 2, p. 426; am. 2001, ch. 71, sec. 8, p. 150; am. 2005, ch. 46, sec. 4, p. 177; am. 2008, ch. 87, sec. 4, p. 241; am. 2012, ch. 68, sec. 10, p. 198.]
The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation, partnership, or organization from persisting in the doing of any acts constituting a violation of the provisions of this chapter. Such action shall be brought in the district court of the county in which the act or acts or some of them are claimed to have been or are being committed, by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant be established, and the court further finds that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing the act or similar acts.
[54-3409, added 1982, ch. 183, sec. 1, p. 483.]
Confidentiality of communication between any person licensed under this chapter and client shall be privileged from disclosure as provided in section 9-203, Idaho Code, with the exception of the board review as provided in section 54-3404, Idaho Code.
[(54-3410) 54-3410A, added 1998, ch. 413, sec. 6, p. 1305; am. and redesig. 2001, ch. 71, sec. 10, p. 150; am. 2012, ch. 68, sec. 11, p. 198.]
Informed consent involves a licensee’s reasonable disclosure of information to clients and the discussion of such information with clients so that they are agreeing to treatment with knowledge of the material facts necessary to make the decision. Persons licensed under this chapter shall provide to each client at the beginning and at other appropriate times within the context of the counseling or therapy an accurate and informative description that allows the client to make an informed decision about the client’s care. The specific minimum requirements of a documented record of the disclosure shall be defined in the rules of the board.
[(54-3410A) 54-3410B, added 1998, ch. 413, sec. 7, p. 1305; am. and redesig. 2001, ch. 71, sec. 11, p. 150; am. 2012, ch. 68, sec. 12, p. 199.]
(1) The board shall establish fees for licensure under the provisions of this chapter as follows:
(a) The fee for applications not to exceed one hundred seventy-five dollars ($175);
(b) The fee for examination, when required, equal to that charged by the national examining entity plus an administration fee not to exceed twenty-five dollars ($25.00);
(c) The fee for endorsement not to exceed one hundred seventy-five dollars ($175);
(d) The fee for the original license not to exceed one hundred seventy-five dollars ($175);
(e) The fee for biennial renewal not to exceed three hundred and fifty dollars ($350); and
(f) The fee for the original registration of interns not to exceed twenty-five dollars ($25.00).
(2) All fees paid pursuant to this section shall be nonrefundable except that, if a license fee is tendered but the board does not issue a license, the respective license fee shall be returned.
[54-3411, added 1982, ch. 183, sec. 1, p. 484; am. 1999, ch. 152, sec. 3, p. 427; am. 2001, ch. 71, sec. 12, p. 150; am. 2001, ch. 84, sec. 6, p. 209; am. 2003, ch. 50, sec. 2, p. 190; am. 2005, ch. 46, sec. 5, p. 178; am. 2019, ch. 57, sec. 2, p. 146; am. 2024, ch. 86, sec. 33, p. 411.]
All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.
[54-3412, added 1982, ch. 183, sec. 1, p. 484; am. 2012, ch. 68, sec. 13, p. 199; am. 2021, ch. 224, sec. 63, p. 683.]
This chapter shall be administered by the division of occupational and professional licenses.
[54-3413, added 1982, ch. 183, sec. 1, p. 484; am. 2022, ch. 94, sec. 51, p. 316.]
The division of occupational and professional licenses shall have the following powers and duties:
(1) To accept applications for and issue licenses to professional and clinical professional counselors, associate marriage and family therapists, and marriage and family therapists pursuant to requirements of this chapter.
(2) To maintain in a registry appropriate for that purpose a public record of all applications for licenses, the action of the department thereon, of all licenses issued and of all licenses revoked or forfeited with the reasons for such revocation or forfeiture and of all renewals.
(3) To forward complaints against a licensed professional counselor, a licensed clinical professional counselor, a licensed associate marriage and family therapist or a licensed marriage and family therapist to the state licensing board for review and investigation.
(4) To assist in the investigation and prosecution of complaints filed against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist under section 54-3408, Idaho Code.
(5) At the discretion of the division administrator and upon apparent failure or refusal of the state licensing board to investigate or prosecute a complaint against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist, to investigate the complaint and forward the report of investigation to the state licensing board and upon apparent failure or refusal of the state licensing board to take further action, to file an action in the district court under section 54-3408, Idaho Code, against a licensed professional counselor, a licensed clinical professional counselor, a licensed marriage and family therapist or a licensed associate marriage and family therapist violating the terms of this chapter.
[54-3414, added 1982, ch. 183, sec. 1, p. 484; am. 2001, ch. 71, sec. 13, p. 151; am. 2008, ch. 87, sec. 5, p. 241; am. 2012, ch. 68, sec. 14, p. 199; am. 2022, ch. 94, sec. 52, p. 316.]
All licenses issued under the provisions of this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-3415, added 1982, ch. 183, sec. 1, p. 485; am. 2003, ch. 21, sec. 18, p. 89; am. 2025, ch. 104, sec. 12, p. 557.]
(1) No person engaged in the practice of professional counseling or marriage and family therapy in the state of Idaho shall be required to provide counseling to or facilitate the counseling of a client in support of goals, outcomes, or behaviors that conflict with the sincerely held religious, moral, or ethical principles of the counselor or therapist.
(2) The declination to provide or facilitate counseling or therapy as described in subsection (1) of this section shall not be the basis for:
(a) A civil cause of action;
(b) Criminal prosecution; or
(c) Disciplinary action pursuant to section 54-3407, Idaho Code.
(3) The right to decline to provide or facilitate counseling or therapy as described in subsection (1) of this section is limited to conscience-based objections to particular goals, outcomes, or behaviors that may be the objectives of particular types of counseling or therapy. This section may not be construed to waive or modify any duty a counselor or therapist may have to provide or facilitate other types of counseling or therapy that support goals, outcomes, or behaviors that do not violate the counselor’s or therapist’s conscience.
(4) Actions that are lawful under this section but that may be considered to violate any counseling association code of ethics shall not be grounds for the board to discipline a professional counselor or marriage and family therapist pursuant to section 54-3407, Idaho Code.
(5) A civil action may be brought by a counselor or therapist for a violation of any provision of this section. A counselor or therapist shall be entitled, upon the finding of a violation, to declaratory or injunctive relief, and to recover the costs of the action and reasonable attorney’s fees.
[54-3416, added 2024, ch. 152, sec. 1, p. 599.]
The legislature finds and declares that the provision of medical and therapeutic nutritional services affects the public health, safety, and welfare. The legislature further finds that it is in the public interest to aid in the provision of medical and therapeutic nutritional services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of dietitians within the state of Idaho.
[54-3501, added 1994, ch. 217, sec. 1, p. 674.]
As used in this chapter:
(1) "Academy of nutrition and dietetics" means the national organization that credentials dietetics professionals and accredits undergraduate and graduate programs that prepare dietetics professionals.
(2) "Accreditation council for education in nutrition and dietetics" or "ACEND" means the accrediting organization of the academy of nutrition and dietetics that is recognized by the United States department of education as the accrediting agency for education programs that prepare dietetics professionals.
(3) "Allied health advisory board" means the Idaho allied health advisory board established pursuant to chapter 1, title 54, Idaho Code.
(4) "Board" means the Idaho state board of medicine.
(5) "Commission on dietetic registration" or "CDR" means the credentialing organization of the academy of nutrition and dietetics that awards and administers credentials to individuals at entry, specialist and advanced levels who have met CDR’s specified criteria to practice in the dietetics profession, including successful completion of its national accredited certification examination and recertification by continuing professional education and/or examination.
(6) "Dietetics" means the integration, application and communication of principles derived from food, nutrition, social, business and basic sciences to achieve and maintain optimal nutrition status of individuals through the development, provision and management of effective food and nutrition services in a variety of settings.
(7) "Dietitian" means a person licensed under the provisions of this chapter as a licensed dietitian (LD) who:
(a) Is trained in the science of nutrition and dietetics and who has met current minimum academic requirements with successful completion of specified didactic education and supervised practice experiences through programs accredited by ACEND or a similar agency approved by the board with substantially equivalent educational requirements; and
(b) Has successfully completed the registration examination for dietitians administered by the CDR or a similar agency approved by the board with a substantially equivalent examination and has been granted and maintains the title registered dietitian (RD) or registered dietitian nutritionist (RDN).
(8) "Evidence-based dietetics practice" means the process of asking questions, systematically finding research evidence and assessing its validity, applicability and importance to food and nutrition practice decisions, including the application of relevant evidence in the context of the practice situation and the values of clients, customers and communities to achieve positive outcomes.
(9) "Medical nutrition therapy" or "MNT" means an evidence-based application of the nutrition care process. The provision of MNT to a patient/client may include one (1) or more of the following: nutrition assessment or reassessment, nutrition diagnosis, and nutrition intervention for the prevention, delay or management of diseases or conditions.
(10) "Nutrition care process" means a systematic approach to providing high-quality nutrition care that consists of four (4) distinct, interrelated steps:
(a) Nutrition assessment, which means a systematic method for obtaining, verifying and interpreting data needed to identify nutrition-related problems, their causes and their significance;
(b) Nutrition diagnosis, which means the identification of a specific nutrition problem that a dietitian is responsible for treating independently;
(c) Nutrition intervention, which means a purposefully planned action intended to positively change a nutrition-related behavior, environmental condition or aspect of health status for the patient/client and family or caregivers, target group or the community at large; and
(d) Nutrition monitoring and evaluation, in which:
(i) Nutrition monitoring means the preplanned review and measurement of selected nutrition care indicators of the patient/client’s status relevant to the defined needs, nutrition diagnosis, nutrition intervention and outcomes; and
(ii) Nutrition evaluation means the systematic comparison of current findings with the previous status, nutrition intervention goals, effectiveness of overall nutrition care or comparison to a reference standard.
(11) "Provisionally licensed dietitian" means a person provisionally licensed under the provisions of this chapter.
[54-3502, added 1994, ch. 217, sec. 1, p. 674; am. 2017, ch. 294, sec. 1, p. 776; am. 2024, ch. 61, sec. 2, p. 290.]
(1) Dietetic practice focuses on food and nutrition and related services developed and provided by dietitians to protect the public, enhance the health and well-being of patients/clients, and deliver quality products, programs and services, and medical nutrition therapy. Dietitians practice across varied settings, including health care, business and industry, communities and public health systems, schools, colleges, the military, government, research, food service management, teaching, consulting, media, writing, public speaking and informatics and private practice.
(2) Clinical nutrition and dietetics practice is the utilization of skills, knowledge and applied judgment of the dietitian whose practice involves nutrition care, medical nutrition therapy and related services provided to individuals and groups of all ages to address health promotion and prevention, delay or management of diseases and conditions.
(3) Clinical privileges. Authorization for clinical privileges is granted by the appropriate authority or a health care organization to a dietitian to provide specific care, treatment or services in the organization within well-defined limits based on licensure, education, training, experience, judgment and demonstrated and documented competence or certification.
(4) A licensed dietitian, in accordance with established protocols consistent with facility policy or procedure, may:
(a) Order patient diets, including therapeutic diets;
(b) Implement medical nutrition therapy;
(c) Order medical laboratory tests related to nutritional therapeutic treatments;
(d) Initiate, implement and adjust pharmacotherapy plans; and
(e) Perform nutrition-focused physical assessments to evaluate for nutritional risk.
(5) A board-certified specialist is a registered dietitian or registered dietitian nutritionist credentialed by the CDR or other certifying entity who has met empirically established criteria, who has successfully completed a specialty certification examination that simulates and tests practice-related knowledge, skills or abilities, and who:
(a) Conforms to the scope of practice and standards of practice as defined by the specialty certification entity;
(b) Carries out functions beyond the basic educational preparation for the registered dietitian or registered dietitian nutritionist; and
(c) Maintains specialty certification by meeting the requirements specified by the certifying entity.
[54-3502A, added 2017, ch. 294, sec. 2, p. 777.]
(1) It is unlawful for any person to assume or use the title or designation of "dietitian," "licensed dietitian (LD)," "registered dietitian (RD)," "registered dietitian nutritionist" (RDN), or any other combination of terms that include the title "dietitian," unless such person has been issued a license pursuant to this chapter and the license is in good standing pursuant to rules of the board. Nothing contained herein shall be construed to prohibit the use of the term "nutrition" or "diet" as a descriptive term in connection with a person’s occupation or employment.
(2) No person shall use any other title, designation, words, letters, abbreviations, or sign, card or device which indicates to the public that such person is a dietitian or has been issued a temporary permit pursuant to this chapter unless the person is so licensed or has been issued such permit, and the license or permit is in good standing pursuant to rules of the board.
(3) A person who is a registered dietitian, as determined by the commission on dietetic registration of the academy of nutrition and dietetics, or its successor organization may continue to use such credential without being licensed pursuant to this chapter as long as the person does not engage in the practice of dietetics as set forth in this chapter.
(4) Exemptions for licensure. The provisions of this chapter shall not apply to the following:
(a) Persons who are not licensed dietitians but are licensed under title 54, Idaho Code, acting within the scope of their profession and doing work of a nature consistent with their training, provided that they do not represent themselves by any title or practice description prohibited by subsection (1) of this section; or
(b) Persons who are licensed to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine under chapter 18, title 54, Idaho Code, provided that they do not represent themselves as licensed dietitians.
[54-3503, added 1994, ch. 217, sec. 1, p. 674; am. 2013, ch. 187, sec. 10, p. 456; am. 2017, ch. 294, sec. 3, p. 778.]
In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.
[54-3505, added 2024, ch. 61, sec. 5, p. 292.]
A person applying for a license shall file a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:
(1) Has successfully completed the following academic and supervised practice requirements:
(a) A minimum of a baccalaureate degree granted by a United States regionally accredited college or university or a foreign equivalent;
(b) An ACEND-accredited didactic program in dietetics or a substantially similar program approved by the board;
(c) An ACEND-accredited supervised practice program in the United States or its territories or a substantially similar program approved by the board; and
(2) Has successfully completed the registration examination for registered dietitians as administered by the commission on dietetic registration or its successor organization as recognized by the allied health advisory board.
The board may require an applicant to be personally interviewed by the board or by a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials.
[54-3506, added 1994, ch. 217, sec. 1, p. 677; am. 2017, ch. 294, sec. 6, p. 780; am. 2024, ch. 61, sec. 6, p. 292.]
Upon recommendation of the allied health advisory board, or upon its own motion, the board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who:
(1) Presents proof of current registration by the commission on dietetic registration;
(2) Presents proof of current licensure to engage in the practice of dietetics in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and
(3) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital or institution in any state or district.
[54-3508, added 1994, ch. 217, sec. 1, p. 678; am. 2013, ch. 187, sec. 12, p. 457; am. 2017, ch. 294, sec. 8, p. 781; am. 2024, ch. 61, sec. 7, p. 292.]
(1) A license issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the rules for the licensure of dietitians, upon payment of a renewal fee.
(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license and examination fee;
(b) Renewal of license fee;
(c) Inactive license fee;
(d) Limited permit fee;
(e) Late renewal fees.
(3) No license that has been expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-3506, Idaho Code, for obtaining an initial license.
(4) Maintenance of registration by the CDR or its successor organization is required for license renewal.
[54-3509, added 1994, ch. 217, sec. 1, p. 678; am. 2017, ch. 294, sec. 9, p. 781; am. 2024, ch. 61, sec. 8, p. 292; am. 2024, ch. 86, sec. 34, p. 411.]
The board, in accordance with the requirements of chapter 52, title 67, Idaho Code, may, upon recommendation of the allied health advisory board, refuse to issue a license or permit, refuse to renew a license or permit, or may suspend, restrict or revoke a license or permit, under such conditions as the board may determine, if the licensee, permittee or applicant for license:
(1) Has been convicted of, or has entered a plea of guilty to, or been found guilty of, the commission of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Obtained a license or permit pursuant to this chapter by means of fraud, misrepresentation or concealment of material facts;
(3) Practiced dietetics under a false or an assumed name in this or any other state;
(4) Knowingly aided or abetted the unlicensed practice of dietetics;
(5) Engaged in the practice of dietetics in a manner that does not meet the generally accepted standards for the practice of dietetics within the state of Idaho;
(6) Divided fees or gifts or agreed to split or divide fees or gifts received for professional services with any person, institution or corporation in exchange for a referral;
(7) Failed to maintain the confidentiality of medical records or other medical information pertaining to identifiable patients, except as required or authorized by law;
(8) Engaged in any conduct that constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the dietitian by the patient;
(9) Failed to supervise the activities of a provisionally licensed dietitian;
(10) Continued to practice as a dietitian when a license pursuant to this chapter was suspended, revoked or inactive;
(11) Practiced as a dietitian in violation of a voluntary restriction or terms of probation pursuant to this chapter;
(12) Continued to practice as a dietitian when registration by the CDR or its successor organization was not renewed or was suspended or revoked; or
(13) Failed to comply with a board order.
[54-3510, added 1994, ch. 217, sec. 1, p. 678; am. 2017, ch. 294, sec. 10, p. 782; am. 2020, ch. 175, sec. 31, p. 537; am. 2024, ch. 61, sec. 9, p. 293.]
If grounds for discipline are found to exist, the board of medicine, upon the recommendation of the allied health advisory board, may issue an order to:
(1) Revoke the dietitian’s license to practice dietetics;
(2) Suspend or restrict the dietitian’s license to practice dietetics; and/or
(3) Impose conditions or probation upon the dietitian’s license to practice dietetics.
[54-3510A, added 2017, ch. 294, sec. 11, p. 783; am. 2024, ch. 61, sec. 10, p. 294.]
(1) A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
(2) The representation to another person that a person is licensed pursuant to this chapter, when such representation is untrue, constitutes the using of a method, act, or practice which is declared to be unlawful under the provisions of chapter 6, title 48, Idaho Code.
[54-3511, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 12, p. 783.]
(1) This chapter shall not be construed to prevent any person from rendering advice, guidance or counsel regarding medical nutrition service, therapeutic nutrition care, nutritional assessments, nutrition therapy counseling, weight control services, or from providing nutrition information in connection with the marketing and distribution of a food product, dietary supplement, or wellness/exercise program.
(2) This chapter shall not be construed to prevent any person licensed or registered in this state, pursuant to any other law of the state, from engaging in the profession or occupation for which such person is licensed or registered.
(3) This chapter shall not be construed to prevent a dietitian licensed and in good standing in another jurisdiction of the United States or credentialed in another country from practicing, within this state, activities that are within the scope of such dietitian’s license or credentials, when the dietitian:
(a) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and
(b) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.
[54-3512, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 13, p. 783; am. 2018, ch. 24, sec. 2, p. 44.]
The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[54-3513, added 2017, ch. 294, sec. 14, p. 783.]
It is in the best interest of the people of the state of Idaho that the abundant and natural resources of Idaho be protected and fully developed. It is in the public interest to protect the public health, prevent fraudulent practices, provide for the development of markets, production research, and promotion of Idaho grapes and grape by-products. The legislature recognizes the vital contributions of agricultural and tourist industries to the economy of this state and declares the intent of this chapter is to enhance, diversify and develop these industries by encouraging the planting and development of native vineyards and the production of wines made from the grapes, fruits and berries of the state of Idaho.
[54-3601, added 1984, ch. 42, sec. 1, p. 68.]
There is hereby created in the department of self-governing agencies an Idaho grape growers and wine producers commission, to be thus known and designated. The commission shall be composed of three (3) grape growers and two (2) wine producers.
The three (3) grower members shall be citizens and residents of this state, over the age of twenty-one (21) years, each of whom is and has been actively engaged in the growing and producing of grapes within the state of Idaho.
The two (2) wine producer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as producers of wine within the state of Idaho, are citizens and residents of this state; and are over the age of twenty-one (21) years.
The qualifications of members of the commission must continue during their term of office. No member of the commission shall receive any salary or other compensation, but each member of the commission, when commission funds are duly appropriated, shall be compensated as provided in section 59-509(d), Idaho Code.
[54-3602, added 1984, ch. 42, sec. 1, p. 68.]
As used in this chapter:
(1) "Account" means the Idaho grape growers and wine producers account in the dedicated fund.
(2) "Commission" means the Idaho grape growers and wine producers commission.
(3) "Grower" means any person who owns, operates or plants a native vineyard of four (4) or more acres.
(4) "Idaho grape product" means juices, raisins, wines and other grape by-products produced in Idaho and grapes grown in Idaho for the production of juices, raisins, wines and other grape by-products.
(5) "Native vineyard" means acreages planted in vinifera and/or other grapes cultivated primarily for the purpose of vinification.
(6) "Person" means any partnership, association, corporation, cooperative or other business unit or device.
(7) "Producer" means any person who owns, operates or conducts a bonded winery within this state where at least five hundred (500) cases of wine per year are vinified in whole or in part for sale.
(8) "Winery" means a place, premises and/or establishment within the state of Idaho for the manufacture and/or bottling of wine for sale.
[54-3603, added 1984, ch. 42, sec. 1, p. 68; am. 1991, ch. 319, sec. 1, p. 831; am. 2012, ch. 30, sec. 1, p. 88.]
Grower and producer members of the commission shall be selected as follows:
(1) The governor shall appoint three (3) grower members and two (2) producer members.
(2) The three (3) grower members shall be appointed to one (1), two (2) and three (3) year terms, respectively. The two (2) producer members shall be appointed to two (2) and three (3) year terms, respectively. Members shall be selected from nominations made by growers and producers as follows:
(a) Prior to July 1, the growers of the state shall convene for the purpose of nominating grower commission members. The growers of the state shall nominate at least three (3) and no more than six (6) growers and submit the names to the governor.
(b) Prior to July 1, the producers shall convene for the purpose of nominating producer commission members. The producers shall nominate at least two (2) and no more than four (4) producers and submit the names to the governor.
Initial commission members shall commence their terms, August 1, 1991. Terms of commission members thereafter shall be for three (3) years.
(3) Members of the commission may not serve more than two (2) consecutive terms; provided, upon serving two (2) consecutive terms, and the lapse of one (1) full term, such member may again be appointed to the commission.
(4) Commission members currently serving shall continue to serve until reappointed or until a new commission member is appointed.
(5) In the event there are vacancies in the commission, the governor shall make the appointment or appointments to fill the vacancy.
[54-3604, added 1984, ch. 42, sec. 1, p. 69; am. 1991, ch. 319, sec. 2, p. 831; am. 2005, ch. 320, sec. 1, p. 987.]
The commission shall have, but is not limited to, the following powers and duties:
(1) To elect a chairman and such other officers as it deems advisable.
(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional personnel and other personnel, including experts in agriculture and the publicizing of wines and to prescribe their duties and fix their compensation.
(3) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this act.
(4) To find new markets for Idaho grape products.
(5) To give, publicize and promulgate reliable information showing the value of Idaho grape products for any purpose for which they are found useful and profitable.
(6) To investigate and participate in studies of the problems to the growers of grapes in the state of Idaho.
(7) To take such action as the commission deems necessary or advisable in order to promote Idaho grape products.
(8) To enter into such contracts as may be necessary or advisable.
(9) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.
(10) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objects.
(11) To protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(12) To do any and all things that will promote Idaho grape products.
(13) To keep an accurate record of all its dealings, which shall be open to inspection by the state controller.
(14) To sue and be sued.
(15) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this act.
[54-3605, added 1984, ch. 42, sec. 1, p. 69; am. 1994, ch. 180, sec. 105, p. 496; am. 2012, ch. 30, sec. 2, p. 88.]
The commission shall provide for and conduct comprehensive and extensive research, advertising and educational campaigns as the Idaho grape product sales and market conditions reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which public convenience and necessity require research and advertising.
[54-3606, added 1984, ch. 42, sec. 1, p. 70; am. 2012, ch. 30, sec. 3, p. 89.]
(1) In addition to the powers and duties set forth in section 54-3605, Idaho Code, the commission shall have, but is not limited to, the following powers to promote Idaho grape products:
(a) To host, sponsor or participate in activities and events dispensing or serving Idaho grape products to retailers, distributors, importers, evaluators, judges and members of the public. The commission may charge an admission charge to an activity or event.
(b) To host, sponsor or participate in activities and events promoting new markets for Idaho grape products, publicizing reliable information showing the value of Idaho grape products, or promoting research or education benefiting Idaho grape products and Idaho producers, wineries and growers. The commission may charge an admission charge to an activity or event.
(c) To solicit and receive donations of Idaho grape products for the purpose of promoting Idaho grape products.
(d) To purchase Idaho grape products for the purpose of promoting Idaho grape products.
(e) To donate Idaho grape products to activities, events, trade groups and other individuals and entities for the purpose of promoting Idaho grape products.
(f) To donate Idaho grape products to persons or associations for benevolent, charitable or public purposes, subject to the provisions of section 23-1336, Idaho Code.
(2) Notwithstanding any other provision of law including, but not limited to, chapter 13, title 23, Idaho Code, the following shall apply to the commission’s activities under this section:
(a) The commission and the property owner, lessee and operator shall not be required to hold or obtain any license, permit or registration or to provide any notification to a public official to enable the commission, commission members, volunteers authorized by the commission and commission employees to engage in the activities authorized by this section.
(b) The activities of the commission, volunteers authorized by the commission, commission members and commission employees authorized by this section include, but are not limited to, dispensing or serving samples of wine on premises not licensed for the sale of wine by the individual glass or opened bottle.
(3) In the performance of activities authorized by this section, the commission shall observe the following limitations:
(a) The commission shall not receive any payment for the Idaho grape products it serves, dispenses or donates under this section. The receipt of an admission charge to an activity or event is not the receipt of payment by the commission for Idaho grape products for the purposes of this section.
(b) Individuals not serving as commission members, acting as volunteers authorized by the commission, or who are not commission employees are not authorized by this section to serve or dispense Idaho grape products. Nothing in this section shall prohibit an individual who is otherwise authorized by law to serve or dispense Idaho grape products from serving or dispensing such Idaho grape products.
(c) Where the commission dispenses or serves wine, the persons dispensing or serving wine and the recipients of the wine dispensed or served must be of legal drinking age.
[54-3606A, added 2012, ch. 30, sec. 4, p. 89.]
(1) The commission may accept tax receipts, grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act, which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act or as provided by law shall be paid to the commission and shall be deposited into a bank account in the name of the Idaho grape growers and wine producers commission. Moneys in the bank account are continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter. Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by one (1) officer designated by the commission. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative council, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[54-3607, added 1984, ch. 42, sec. 1, p. 70; am. 1991, ch. 319, sec. 3, p. 832; am. 1995, ch. 204, sec. 1, p. 699; am. 2003, ch. 32, sec. 27, p. 132; am. 2009, ch. 59, sec. 1, p. 164.]
The administrator, or any agent or employee appointed by the commission, shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
[54-3608, added 1984, ch. 42, sec. 1, p. 71.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
[54-3609, added 1984, ch. 42, sec. 1, p. 71.]
(1) From and after the first day of July, 1995, there is hereby levied and imposed a tax payable to the commission on the production of wine in Idaho, and on all grapes grown and grape juice purchased in Idaho for the production of wine in Idaho, and on all grapes and grape juice purchased from producers outside Idaho for the production of wine in Idaho. The commission shall set each tax by rule. The minimum tax to each grower for grapes grown in Idaho shall be set at one hundred dollars ($100) annually. The tax on each winery for the production of wine shall be set at a minimum of one hundred dollars ($100) annually. The purchasers of grapes grown or grape juice produced outside the state shall be responsible for submitting the tax to the commission.
(2) Any person or firm who makes payment to the commission at a date later than that prescribed in this section or by rule may be subject to a late payment penalty as set forth by the commission by rule. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due. In addition to the above penalty, the commission shall be entitled to recover all costs, fees, and reasonable attorney’s fees incurred in the collection of the tax and penalty provided for in this section.
[54-3610, added 1995, ch. 204, sec. 2, p. 700; am. 2005, ch. 335, sec. 1, p. 1052; am. 2009, ch. 60, sec. 1, p. 165; am. 2016, ch. 165, sec. 1, p. 449.]
(1) Each and every year, any grower or producer may, at his election, opt out of application of all provisions of this chapter, including assessment provisions. In order to opt out of application of the provisions of this chapter, a grower or producer shall comply with the following requirements:
(a) On an annual basis, no later than June 30 of each year, submit a letter to the Idaho grape growers and wine producers commission, stating intent to opt out of application of the provisions of the chapter for the upcoming fiscal year; and
(b) The letter shall include the grower’s or producer’s name and address.
(2) The Idaho grape growers and wine producers commission shall post the address of the commission on its official website. The commission shall also set forth its mailing address by rule.
[54-3611, added 2006, ch. 28, sec. 1, p. 89.]
This act shall be liberally construed and if any part or portion thereof shall be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act, and/or the application thereof to any person, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of this act if possible.
[54-3612, added 1984, ch. 42, sec. 1, p. 71.]
In order to promote the public health, safety, and welfare; to promote the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services to the public.
[54-3701, added 1987, ch. 69, sec. 1, p. 123; am. 2009, ch. 222, sec. 1, p. 691.]
As used in this chapter:
(1) "Association" means the Idaho occupational therapy association.
(2) "Board" means the occupational therapy licensure board of Idaho as set out in section 54-3717, Idaho Code.
(3) "Department" means the department of self-governing agencies.
(4) "Division" means the division of occupational and professional licenses.
(5) "Good standing" means the individual’s license is not currently suspended or revoked by any state regulatory entity.
(6) "Graduate occupational therapist" means a person who holds a certificate of graduation from an approved occupational therapy curriculum, who has submitted a completed application for certification by examination, and who may practice occupational therapy in association with and under the supervision of an occupational therapist and under authority of a limited permit.
(7) "Graduate occupational therapy assistant" means a person who holds a certificate of graduation from an approved occupational therapy assistant curriculum, who has submitted a completed application for licensure by examination under this chapter and is performing the duties of occupational therapy assistant in association with and under the supervision of an occupational therapist and under the authority of a limited permit.
(8) "License" means a document issued by the board to a person under this chapter authorizing the person to practice as an occupational therapist or occupational therapy assistant.
(9) "Occupational therapist" means a person licensed under this chapter to practice occupational therapy.
(10) "Occupational therapy" means the care and services provided by or under the direction and supervision of an occupational therapist.
(11) "Aide in the delivery of occupational therapy services" means a person who is not licensed by the board and who provides supportive services to occupational therapists and occupational therapy assistants. An aide shall function only under the guidance, responsibility and line of sight supervision of the licensed occupational therapist or an occupational therapy assistant who is appropriately supervised by an occupational therapist. The aide provides only specifically selected client-related or nonclient-related tasks for which the aide has been trained and has demonstrated competence.
(12) "Occupational therapy assistant" means a person licensed under this chapter to practice occupational therapy and who works under the supervision of an occupational therapist.
(13) "Practice of occupational therapy" means the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for the purpose of promoting health and wellness and to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being and quality of life. The practice of occupational therapy includes:
(a) Development of occupation-based plans, methods or strategies selected to direct the process of interventions such as:
(i) Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired.
(ii) Compensation, modification, or adaptation of activity or environment to enhance performance.
(iii) Maintenance and enhancement of capabilities without which performance in everyday life activities would decline.
(iv) Health promotion and wellness to enable or enhance performance in everyday life activities.
(v) Prevention of barriers to performance, including disability prevention.
(b) Evaluation of factors affecting a client’s occupational performance areas of activities of daily living (ADL), instrumental activities of daily living (IADL), rest and sleep, education, work, play, leisure, and social participation, including:
(i) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive), values, beliefs, and spirituality, and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems).
(ii) Performance patterns, including habits, routines, roles, and behavior patterns.
(iii) Contexts and activity demands that affect performance, including cultural, physical, environmental, social, virtual and temporal.
(iv) Performance skills, including sensory perceptual skills, motor and praxis skills, emotional regulation skills, cognitive skills, communication and social skills.
(c) Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, rest and sleep, including:
(i) Therapeutic use of occupations, exercises, and activities.
(ii) Training in self-care, self-management, home management, and community/work reintegration.
(iii) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavioral skills.
(iv) Therapeutic use of self, including one’s personality, insights, perceptions, and judgments, as part of the therapeutic process.
(v) Education and training of individuals, including family members, caregivers, and others.
(vi) Care coordination, case management, and transition services.
(vii) Consultative services to groups, programs, organizations, or communities.
(viii) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles.
(ix) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices.
(x) Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management.
(xi) Driver rehabilitation and community mobility.
(xii) Management of feeding, eating, and swallowing to enable eating and feeding performance.
(xiii) Application of superficial, thermal and mechanical physical agent modalities, and use of a range of specific therapeutic procedures (such as basic wound management; techniques to enhance sensory, perceptual, and cognitive processing; therapeutic exercise techniques to facilitate participation in occupations) to enhance performance skills.
(xiv) Use of specialized knowledge and skills as attained through continuing education and experience for the application of deep thermal and electrotherapeutic modalities, therapeutic procedures specific to occupational therapy and wound care management for treatment to enhance participation in occupations as defined by rules adopted by the board.
(d) Engaging in administration, consultation, testing, education and research as related to paragraphs (a), (b) and (c) of this subsection and further established in rule.
[54-3702, added 1987, ch. 69, sec. 1, p. 124; am. 1998, ch. 153, sec. 1, p. 527; am. 2009, ch. 222, sec. 2, p. 691; am. 2018, ch. 51, sec. 1, p. 131; am. 2022, ch. 94, sec. 53, p. 316.]
It shall be unlawful for any person to practice or to offer to practice occupational therapy, or to represent such person to be an occupational therapist or occupational therapy assistant unless such person is licensed under the provisions of this chapter. Only an individual may be licensed under this chapter.
[54-3703, added 1987, ch. 69, sec. 1, p. 124; am. 2009, ch. 222, sec. 3, p. 694.]
Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to this chapter of:
(1) Any person licensed or regulated by the state of Idaho from engaging in the profession or practice for which they are licensed or regulated, including, but not limited to, any athletic trainer, chiropractor, dentist, nurse, physician, podiatrist, physical therapist, optometrist, osteopath, surgeon or any other licensed or regulated practitioner of the healing arts, nor restrict employees working under the direct supervision of those persons referred to in this subsection, as long as such person does not hold himself or herself out as an occupational therapist, occupational therapy assistant or a person engaged in the practice of occupational therapy; or
(2) Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency thereof, if such person provides occupational therapy solely under the direction or control of the organization by which such person is employed; or
(3) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program, if the person is designated by a title which clearly indicates a student or trainee status; or
(4) Any person fulfilling the supervised fieldwork experience requirements of section 54-3706, Idaho Code, if the experience constitutes a part of the experience necessary to meet the requirement of that section; or
(5) Any person who, for purposes of continuing education, consulting, and/or training, is performing occupational therapy services in this state for no more than sixty (60) days in a calendar year in association with an occupational therapist licensed under this chapter, if the person is a licensed occupational therapist or occupational therapy assistant in good standing in another state.
[54-3704, added 1987, ch. 69, sec. 1, p. 124; am. 2009, ch. 222, sec. 4, p. 694; am. 2018, ch. 51, sec. 2, p. 134.]
(1) A limited permit may be granted to a graduate occupational therapist or a graduate occupational therapy assistant who has completed the education and experience requirements of this chapter for an occupational therapist or an occupational therapy assistant. The permit shall allow a person to practice occupational therapy under supervision as defined in section 54-3715, Idaho Code. This permit shall be valid for a period of six (6) months or as extended by the board.
(2) A temporary license may be issued by the board to an applicant who is currently licensed and in good standing to practice in another jurisdiction and meets the requirements for licensure by endorsement of the other jurisdiction while the application is being processed by the board.
[54-3705, added 1987, ch. 69, sec. 1, p. 125; am. 2009, ch. 222, sec. 5, p. 695; am. 2013, ch. 14, sec. 1, p. 24.]
A person applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:
(1) Education: Applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy that is accredited by the American occupational therapy association’s accreditation council for occupational therapy education (ACOTE) or predecessor or a successor organization as established in rule and approved by the licensure board.
(2) Experience: Applicant shall submit to the licensure board evidence of having successfully completed a period of supervised fieldwork experience acceptable to the board, which period of fieldwork experience shall be:
(a) For an occupational therapist, a minimum of six (6) months of supervised fieldwork experience; or
(b) For an occupational therapy assistant, a minimum of four (4) months of supervised fieldwork experience.
(3) Examination: An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an examination as provided for in section 54-3708, Idaho Code.
(4) Is in good standing.
[54-3706, added 1987, ch. 69, sec. 1, p. 125; am. 2009, ch. 222, sec. 6, p. 695.]
Each applicant for licensure shall submit a completed written application to the board, on forms prescribed by the board, together with the application fee. The application shall be verified under oath and shall require the following information:
(1) A certificate of graduation from an approved occupational therapy curriculum, or an approved occupational therapy assistants curriculum accredited by the American occupational therapy association’s accreditation council for occupational therapy education, or predecessor or a successor organization as established in rule and approved by the licensure board.
(2) The disclosure of any criminal conviction or charges against the applicant other than minor traffic offenses;
(3) The disclosure of any disciplinary action against the applicant by any state professional regulatory agency or professional organization;
(4) A person trained as an occupational therapist outside of the United States and its territories shall satisfy the examination requirements as provided in section 54-3708, Idaho Code. The board shall require such applicants to meet examination eligibility requirements as established by the credentialing body recognized by the board and which are substantially equal to those found in section 54-3708, Idaho Code.
[54-3707, added 2009, ch. 222, sec. 7, p. 695.]
(1) Each applicant for licensure shall be examined by written examination to test the person’s knowledge of the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods, and such other subjects as the licensure board may require in rule to determine the applicant’s fitness to practice. The written examination shall be the examination established and conducted by the national board for certification in occupational therapy and the passing score shall be the passing score established by the national board for certification in occupational therapy or its successor organization as established in rule.
(2) An application upon which the applicant takes no further action will be held for no longer than one (1) year.
[(54-3708) 54-3707, added 1987, ch. 69, sec. 1, p. 126; am. and redesig. 2009, ch. 222, sec. 8, p. 696; am. 2019, ch. 40, sec. 1, p. 107.]
The licensure board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter.
[(54-3709) 54-3708, added 1987, ch. 69, sec. 1, p. 126; am. and redesig. 2009, ch. 222, sec. 9, p. 696; am. 2018, ch. 51, sec. 3, p. 134.]
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fees.
[(54-3710) 54-3709, added 1987, ch. 69, sec. 1, p. 126; am. and redesig. 2009, ch. 222, sec. 10, p. 697.]
(1) All licenses issued under the provisions of this chapter shall be for a term of two (2) years and shall expire on the birthday of the licensee unless renewed in the manner prescribed by rule. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) The board may issue an inactive license to a licensee pursuant to rules adopted by the board that may specify the terms, procedures, and fees necessary to maintain an inactive license. The holder of an inactive license shall not engage in any practice requiring a license under this chapter. An occupational therapist or occupational therapy assistant wishing to convert an inactive license to an active license must account to the board for that period of time in which the license was inactive and must fulfill requirements that demonstrate competency to resume practice. Those requirements may include, but are not limited to, education, supervised practice, and examination. The board may consider practice in another jurisdiction in determining competency.
[54-3711, added 2019, ch. 40, sec. 3, p. 107; am. 2024, ch. 86, sec. 35, p. 412.]
The licensure board shall adopt rules establishing fees for the following:
(a) Initial license fee;
(b) Renewal of license fee;
(c) Inactive license fee;
(d) Limited permit and temporary license fee; and
(e) Reinstatement fee.
[(54-3712) 54-3711, added 1987, ch. 69, sec. 1, p. 127; am. and redesig. 2009, ch. 222, sec. 12, p. 697.]
(1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board may deny a license or refuse to renew a license, or may suspend or revoke a license or may impose probationary conditions or disciplinary actions if the licensee or applicant for license has been found guilty of unprofessional conduct as set forth in section 54-3718, Idaho Code, which has endangered or is likely to endanger the health, welfare, or safety of the public.
(2) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board after a hearing in the manner provided by chapter 52, title 67, Idaho Code. An application for reinstatement may be made to the board one (1) year from the date of the revocation of a license. The board shall (a) accept or reject an application for reinstatement; and (b) hold a hearing to consider such reinstatement.
(3) A suspended license is subject to expiration and may be renewed as provided in this chapter, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended.
(4) A license revoked on disciplinary grounds is subject to expiration as provided in this chapter, but it may not be renewed. The licensee, as a condition of reinstatement, shall meet license requirements for new licensees and shall pay a reinstatement fee set by the board.
[(54-3713) 54-3712, added 1987, ch. 69, sec. 1, p. 127; am. and redesig. 2009, ch. 222, sec. 13, p. 697; am. 2026, ch. 221, sec. 94, p. 977.]
(1) There is hereby created in the division of occupational and professional licenses the occupational therapy licensure board of Idaho.
(2) The occupational therapy licensure board of Idaho shall consist of five (5) members who shall be appointed by and serve at the pleasure of the governor, three (3) of whom shall be occupational therapists, one (1) of whom shall be an occupational therapy assistant, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of occupational therapy services. All members of the board shall be residents of Idaho. The governor may consider recommendations for appointment to the board from the association and from any individual residing in this state. The persons appointed to the licensure board who are required to be licensed under this chapter shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five (5) years immediately preceding their appointments and shall at all times be holders of a valid license and be in good standing without restriction upon such license.
(3) Appointments shall be for three (3) year terms, but no person shall be appointed to serve more than two (2) consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed.
(4) The licensure board shall annually hold a meeting and elect a chairman who shall preside at meetings of the licensure board. In the event the chairman is not present at any licensure board meeting, the licensure board may by majority vote of the members present appoint a temporary chairman. A majority of the members of the licensure board shall constitute a quorum. Other meetings may be convened at the call of the chairman or the written request of any two (2) licensure board members.
(5) Each member of the licensure board shall be compensated as provided in section 59-509(n), Idaho Code.
[(54-3714) 54-3713, added 1987, ch. 69, sec. 1, p. 127; am. and redesig. 2009, ch. 222, sec. 14, p. 698; am. 2010, ch. 106, sec. 1, p. 216; am. 2016, ch. 340, sec. 39, p. 958; am. 2018, ch. 51, sec. 4, p. 135; am. 2021, ch. 222, sec. 31, p. 645.]
Within the scope of occupational therapy practice, supervision is aimed at ensuring the safe and effective delivery of occupational therapy services and the fostering of professional competence and development. Practices and procedures governing the supervision of occupational therapy assistants, a limited permit holder and an aide in the delivery of occupational therapy services shall be established in rule and be adopted by the board.
[54-3715, added 2009, ch. 222, sec. 15, p. 699; am. 2019, ch. 40, sec. 4, p. 108.]
(1) Any person may file a complaint with the board against any licensed occupational therapist or licensed occupational therapy assistant in the state charging that person with having violated the provisions of this chapter.
(2) The complaint shall specify charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged.
(3) Upon receiving a complaint, the board shall notify the licensee of the complaint and request a written response from the licensee.
(4) The board shall keep an information file about each complaint filed with the board. The information in each complaint file shall contain complete, current and accurate information including, but not limited to:
(a) All persons contacted in relation to the complaint;
(b) A summary of findings made at each step of the complaint process;
(c) An explanation of the legal basis and reason for a complaint that is dismissed; and
(d) Other relevant information.
[54-3716, added 2009, ch. 222, sec. 16, p. 699.]
(1) The licensure board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter, and may issue subpoenas, examine witnesses, and administer oaths, and may investigate practices that are alleged to violate the provisions of this chapter.
(2) The licensure board shall adopt rules and regulations, pursuant to chapter 52, title 67, Idaho Code, relating to professional conduct to carry out the policy of this chapter including, but not limited to, regulations relating to professional licensure and to the establishment of ethical standards of practice, disciplinary proceedings, license suspension proceedings, or license revocation proceedings for persons holding a license to practice occupational therapy in this state.
(3) The licensure board shall hold meetings, conduct hearings and keep records and minutes as are necessary to carry out its functions.
(4) Authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interests as set out in the written agreement.
(5) Communicate disciplinary actions to relevant state and federal authorities, the national board for certification in occupational therapy (NBCOT), the American occupational therapy association (AOTA) and to other state occupational licensing authorities.
(6) Adopt rules requiring continuing education for the renewal of a license.
[(54-3717) 54-3714, added 1987, ch. 69, sec. 1, p. 128; am. and redesig. 2009, ch. 222, sec. 17, p. 700; am. 2019, ch. 40, sec. 5, p. 108; am. 2022, ch. 94, sec. 54, p. 319.]
The board may take disciplinary action against a licensee for unprofessional conduct including:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
(2) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;
(3) Being convicted of a crime in any court except for minor offenses;
(4) Violating any lawful order, rule or regulation rendered or adopted by the board;
(5) Violating any provision of this chapter or rules promulgated pursuant to this chapter;
(6) Practicing beyond the scope of the practice of occupational therapy;
(7) Providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;
(8) Providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist regardless of whether actual injury to the client is established;
(9) Failing to provide appropriate supervision to an occupational therapy assistant or aide in accordance with this chapter and board rules;
(10) Practicing as an occupational therapist or occupational therapy assistant when competent services to recipients may not be provided due to the therapist’s own physical or mental impairment;
(11) Having an occupational therapist or occupational therapy assistant license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, irrespective of intervening appeals and stays;
(12) Engaging in sexual misconduct. For the purposes of this subsection, sexual misconduct includes:
(a) Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an occupational therapist or occupational therapy assistant/client relationship exists with that person;
(b) Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with a client or clients;
(13) Aiding or abetting a person who is not licensed as an occupational therapist or occupational therapy assistant in this state and who directly or indirectly performs activities requiring a license;
(14) Abandoning or neglecting a client or clients under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care.
[54-3718, added 2009, ch. 222, sec. 18, p. 700.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[(54-3719) 54-3715, added 1987, ch. 69, sec. 1, p. 123; am. and redesig. 2009, ch. 222, sec. 19, p. 701; am. 2010, ch. 106, sec. 2, p. 217; am. 2021, ch. 224, sec. 65, p. 684; am. 2022, ch. 94, sec. 55, p. 319.]
(1) Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
(2) In addition to the penalties provided for in subsection (1) of this section, the board may impose separately, or in combination, any of the following disciplinary actions on a licensee as provided in this chapter:
(a) Refuse to issue or renew a license;
(b) Suspend or revoke a license;
(c) Impose probationary conditions;
(d) Issue a letter of reprimand or concern;
(e) Require restitution of fees;
(f) Impose a fine as provided for by rule that deprives the licensee of any economic advantage gained by the violation;
(g) Impose practice and/or supervision requirements;
(h) Require licensees to participate in continuing competence activities specified by the board;
(i) Accept a voluntary surrendering of license; or
(j) Take other appropriate corrective actions, including advising other parties, as needed, to protect their legitimate interests and to protect the public.
(3) The assessment of costs and attorney’s fees incurred in an investigation and prosecution or defense in an administrative proceeding against a licensee shall be governed by the provisions of section 12-117(5), Idaho Code.
(4) If the board imposes suspension or revocation of license, application may be made to the board for reinstatement, subject to the limits of this chapter. The board shall have discretion to accept or reject an application for reinstatement and may require an examination or other satisfactory proof of eligibility for reinstatement.
(5) If a licensee is placed on probation, the board may require the license holder to:
(a) Report regularly to the board on matters that are the basis of probation;
(b) Limit practice to the areas prescribed by the board;
(c) Continue to review continuing competence activities until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation; or
(d) Provide other relevant information to the board.
(6) (a) The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from any threatened or actual act or practice that constitutes an offense under the provisions of this chapter. It shall not be necessary for the board to allege and prove that there is no adequate remedy at law in order to obtain the relief requested. The members of the board shall not be individually liable for applying for such relief.
(b) If a person other than a licensed occupational therapist or occupational therapy assistant threatens to engage in or has engaged in any act or practice that constitutes an offense under the provisions of this chapter, a district court of any county on application of the board may issue an injunction or other appropriate order restraining such conduct.
[(54-3720) 54-3716, added 1987, ch. 69, sec. 1, p. 123; am. and redesig. 2009, ch. 222, sec. 20, p. 702; am. 2018, ch. 348, sec. 18, p. 814.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[(54-3722) 54-3717, added 1987, ch. 69, sec. 1, p. 129; am. and redesig. 2009, ch. 222, sec. 22, p. 703.]
In order to promote the public health, safety, and welfare, to promote the highest degree of professional conduct on the part of athletic trainers, and to assure the availability of athletic trainer services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the registration of persons offering athletic trainers services to the public.
[54-3901, added 1989, ch. 179, sec. 1, p. 441.]
As used in this chapter:
(1) "Allied health advisory board" means the Idaho allied health advisory board established in chapter 1, title 54, Idaho Code.
(2) "Athlete" means a person who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed or stamina and which exercises, sports or games are of the type generally conducted in association with an educational institution or professional, amateur or recreational sports club or organization.
(3) "Athletic injury" means a physical injury, harm, hurt or common condition (such as heat disorders), incurred by an athlete, preventing or limiting participation in athletic activity, sports or recreation, which athletic trainers are educated to evaluate and treat or refer to the directing physician.
(4) "Athletic trainer" means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, and carries out the practice of athletic training under the direction of a designated Idaho licensed physician, registered with the board or a designated Idaho licensed chiropractic physician.
(5) "Athletic training" means the application by a licensed athletic trainer of principles and methods of:
(a) Prevention of athletic injuries;
(b) Recognition, evaluation and assessment of athletic injuries and conditions;
(c) Immediate care of athletic injuries including common emergency medical situations;
(d) Rehabilitation and reconditioning of athletic injuries;
(e) Athletic training services administration and organization; and
(f) Education of athletes.
(6) "Board" means the Idaho state board of medicine.
(7) "Directing physician" means a designated person duly licensed to practice medicine in Idaho or a designated Idaho licensed chiropractic physician, who is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training of the athletic trainer, as established by board rule. This chapter does not authorize the practice of medicine or any of its branches by a person not so licensed by the board.
(a) This direction will be provided by verbal order when the directing physician is present and by written order or by athletic training service plans or protocols, as established by board rule, when the directing physician is not present.
(b) Upon referral from a physician licensed in another state and in good standing, the practice of athletic training or physical rehabilitation and/or reconditioning shall be carried out under the written orders of the referring physician and in collaboration with the directing physician.
[54-3902, added 1989, ch. 179, sec. 1, p. 442; am. 2003, ch. 261, sec. 1, p. 686; am. 2024, ch. 61, sec. 11, p. 294.]
The scope of practice of athletic trainers under the direction of a designated Idaho licensed physician or a designated Idaho licensed chiropractic physician, includes:
(1) Prevention of athletic injuries by designing and implementing physical conditioning programs, performing preparticipation screenings, fitting protective equipment, designing and constructing protective products and continuously monitoring changes in the environment.
(2) Recognition and evaluation of athletic injuries by obtaining a history of the injury, individual inspection of the injured body part and associated structures and palpation of bony landmarks and soft tissue structures. Immediate care of athletic injuries may require initiation of cardiopulmonary resuscitation, administration of basic or advanced first aid, removal of athletic equipment, immobilization and transportation of the injured athlete. Concurrent with athletic training service plans or protocols, the athletic trainer will determine if the athlete may return to participation or, if the injury requires further definitive care, the athletic trainer will refer the injured athlete to the appropriate directing physician.
(3) Rehabilitation and reconditioning of athletic injuries by administering therapeutic exercise and physical modalities including cryotherapy, thermotherapy, and intermittent compression or mechanical devices as directed by established, written athletic training service plans or protocols or upon the order of the directing physician.
(4) Athletic training services administration includes implementing athletic training service plans or protocols, writing organizational policies and procedures, complying with governmental and institutional standards and maintaining records to document services rendered.
(5) Education of athletes to facilitate physical conditioning and reconditioning by designing and implementing appropriate programs to minimize the risk of injury.
(6) The scope of practice excludes any independent practice of athletic training by an athletic trainer. An athlete with an athletic injury not incurred in association with an educational institution, professional, amateur or recreational sports club or organization shall be referred by a directing physician, but only after such directing physician has first evaluated the athlete and referred such athlete to the athletic trainer.
[54-3903, added 2003, ch. 261, sec. 2, p. 688; am. 2024, ch. 61, sec. 12, p. 295.]
It shall be unlawful for any person to practice or to offer to practice as an athletic trainer, or to represent such person to be an athletic trainer unless such person is licensed under the provisions of this chapter. Only an individual may be licensed under this chapter. An individual may not use the title "licensed athletic trainer," "athletic trainer," or "athletic training," the abbreviations "AT," "ATC," "AT,C," "ATC/L," "CAT," "LAT," or any other words, abbreviations or insignia to indicate or imply that the individual is an athletic trainer unless the individual is licensed pursuant to this chapter.
[(54-3904) 54-3903, added 1989, ch. 179, sec. 1, p. 442; am. & redesig. 2003, ch. 261, sec. 3, p. 688.]
(1) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to this chapter of:
(a) Any person licensed in this state by any other law, from engaging in the profession or occupation for which such person is licensed or registered or otherwise regulated;
(b) Any person employed as an athletic trainer by the government of the United States or any agency thereof, if such person provides athletic trainer services solely under the direction or control of the government agency by which such person is employed;
(c) Any person pursuing a supervised course of study leading to a degree, licensure or registration as athletic trainer in an accredited or approved educational program, if the person is designated by a title which clearly indicates a student or trainee status;
(d) Any person fulfilling supervised fieldwork experience requirements as prescribed by the board;
(e) Any person residing in another state or country and authorized to practice as an athletic trainer there who is called in consultation by a person licensed in this state to practice as an athletic trainer or who, for the purpose of furthering athletic training education, is invited to this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, as long as the athletic trainer does not open an office or appoint a place to meet patients or receive calls in this state; or
(f) An athletic trainer licensed and in good standing in another jurisdiction of the United States or credentialed in another country who practices in this state within the scope of such license or credentials, and who:
(i) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and
(ii) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.
(2) Nothing herein shall be construed to require registration of elementary or secondary school teachers, coaches or authorized volunteers who do not hold themselves out to the public as athletic trainers.
(3) This chapter shall not be construed as to require licensure by persons assisting in an emergency or in providing aid or service for which no fee for service is contemplated, charged or received, provided that the person providing the service or assisting in the emergency does not hold himself out as an athletic trainer.
[(54-3905) 54-3904, added 1989, ch. 179, sec. 1, p. 442; am. & redesig. 2003, ch. 261, sec. 4, p. 689; am. 2018, ch. 24, sec. 3, p. 44.]
An applicant for an athletic trainer license must:
(1) Have received a bachelor’s or advanced degree from an accredited four (4) year college or university and have met the minimum athletic training curriculum requirement established by the board as recommended by the allied health advisory board and adopted by board rule.
(2) Have successfully completed the certification examination administered by the national athletic trainers’ association board of certification or equivalent examination approved or recognized by the board as recommended by the allied health advisory board.
(3) Be in good standing with and provide documentation of current certification by the national athletic trainers’ association or a nationally recognized credentialing agency, approved by the board as recommended by the allied health advisory board.
(4) Submit an application to the allied health advisory board on forms prescribed by the board and pay the licensure fee required under this chapter.
[(54-3906) 54-3905, added 1989, ch. 179, sec. 1, p. 443; am. & redesig. 2003, ch. 261, sec. 6, p. 689; am. 2024, ch. 61, sec. 13, p. 295.]
The board, upon recommendation of the allied health advisory board, shall adopt rules establishing fees for the following:
(1) Initial licensure fee;
(2) Renewal of licensure fee;
(3) Provisional licensure fee;
(4) Inactive licensure fee;
(5) Application and renewal fees. Necessary nonrefundable fees shall be made for the exact amount of the transaction and accompany all applications for initial licensure and renewal.
(6) Extraordinary expenses. In those situations where the processing of an application for initial licensure or renewal requires extraordinary expenses, the board may charge the applicant reasonable fees to cover all or part of the extraordinary expenses.
[54-3907, added 1989, ch. 179, sec. 1, p. 443; am. 2003, ch. 261, sec. 7, p. 690; am. 2024, ch. 61, sec. 14, p. 296.]
The board, based upon the recommendation of the allied health advisory board, may issue provisional licensure to applicants who are actively engaged in preparing themselves to meet the qualifications prescribed in this chapter. A provisional license shall be valid for a term of one (1) year, but may be renewed only twice, at the discretion of the board upon recommendation of the allied health advisory board.
[(54-3908) 54-3909, added 1989, ch. 179, sec. 1, p. 443; am. & redesig. 2003, ch. 261, sec. 8, p. 690; am. 2024, ch. 61, sec. 15, p. 296.]
(1) The board, based upon recommendation of the allied health advisory board, shall issue a license to any person who meets the requirements of this chapter upon receipt of an application and payment of the prescribed fees.
(2) The board, upon recommendation of the allied health advisory board, may refuse to issue or renew the license of an applicant who has been convicted of an offense or disciplined by an athletic trainer licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice athletic training in accordance with the provisions of this chapter, or who has falsified an application for licensure, or the board may refuse any applicant for any cause described under section 54-3911, Idaho Code.
[(54-3909) 54-3910, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 9, p. 690; am. 2024, ch. 61, sec. 16, p. 296.]
(1) Any licensure issued under this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules of the board. The board, upon recommendation of the allied health advisory board, may reinstate a licensure canceled for failure to renew upon compliance with requirements of the board for renewal of licenses.
(a) A license shall be issued for a period of not less than twenty-four (24) months nor more than five (5) years, in conformance with administrative rules adopted by the board. Each license shall set forth its expiration date on the face of the certificate. The failure of any licensee to renew his or her license, as required herein and by the rules of the board, shall not deprive such person of the right to renewal, except as provided for in this chapter.
(b) Fees for renewal of licensure of athletic trainers shall be fixed by the board in its rules.
(c) All licensed athletic trainers must be in good standing with and provide documentation of current certification by the national athletic trainers’ association board of certification or a nationally recognized credentialing agency, accepted by the board. All athletic trainers holding current Idaho registration/licensure who are not certified by the national athletic trainers’ association board of certification or a nationally recognized credentialing agency, accepted by the board, are required to provide documentation of successful completion of eighty (80) hours of board approved continuing educational units during each three (3) year reporting period on forms provided by the board.
(d) All licensed athletic trainers shall immediately report to the board any name change or changes in business or home addresses.
(2) Reinstatement of licensure.
(a) Reinstatement of a license that has lapsed for a period of three (3) consecutive years shall require good standing with and documentation of current certification by the national athletic trainers’ association board of certification or a nationally recognized credentialing agency, accepted by the board.
(b) Reinstatement of a license that has lapsed for a period of three (3) consecutive years shall require the payment of a renewal fee and reinstatement fee in accordance with the rules adopted by the board, provided however, that no reinstatement fee shall be greater than thirty-five dollars ($35.00).
(c) Reinstatement of a license that has lapsed for a period of more than three (3) consecutive years shall require reapplying for a license and payment of fees in accordance with the rules adopted by the board. The applicant shall successfully demonstrate to the board, upon recommendation of the allied health advisory board, competency in the practice of athletic training. The board, upon recommendation of the allied health advisory board, may also require the applicant to take an examination, remedial courses, or both, as shall be recommended by the allied health advisory board.
(3) Upon application and recommendation by the allied health advisory board, the board shall grant inactive status to a licensed athletic trainer who:
(a) Does not practice as an athletic trainer; and
(b) Is in good standing with and provides documentation of current certification by the national athletic trainers’ association board of certification or a nationally recognized credentialing agency, accepted by the board.
[(54-3910) 54-3911, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 10, p. 691; am. 2024, ch. 61, sec. 17, p. 297; am. 2024, ch. 86, sec. 36, p. 412.]
(1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board, upon recommendation of the allied health advisory board, may deny a license or refuse to renew a license, or may suspend or revoke a license or may impose probationary conditions if the applicant for licensure has been found guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. All petitions for reconsideration of a denial of a license application or reinstatement application must be made to the board within one (1) year from the date of the denial. Such unprofessional conduct includes, but is not limited to:
(a) Obtaining licensure by means of fraud, misrepresentation, or concealment of material facts;
(b) Being guilty of unprofessional conduct, negligence or incompetence in the practice of athletic training as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;
(c) Being convicted of a felony by a court of competent jurisdiction;
(d) The unauthorized practice of medicine;
(e) Use of any advertising statements that deceive or mislead the public or that are untruthful;
(f) Making statements that the licensee knows, or should have known, are false or misleading regarding skill or efficacy or value of treatment or remedy administered by the licensee in the treatment of any condition pertaining to athletic training;
(g) Practicing or offering to practice beyond the scope of athletic training as defined in this chapter or which fails to meet the standard of athletic training provided by other qualified athletic trainers in the same or similar community;
(h) Performance of services while under the influence of alcohol, controlled substances or other skill impairing substances so as to create a risk of harm to a client;
(i) Commission of any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee’s practice of athletic training;
Consent of the client shall not be a defense;
This paragraph shall not apply to sexual contact between an athletic trainer and the athletic trainer’s spouse or a person in a domestic relationship who is also a client;
A former client includes a client for whom the athletic trainer has provided athletic training services within the last twelve (12) months;
Sexual or romantic relationship with a former client beyond the period of time set forth herein may also be a violation if the athletic trainer uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;
(j) Having been judged mentally incompetent by a court of competent jurisdiction;
(k) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;
(l) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;
(m) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;
(n) Failing to maintain client confidentiality unless otherwise required by law;
(o) Failing to maintain adequate records. For purposes of this paragraph, "adequate records" means legible records that contain, at a minimum, the athletic training service plan or protocol, written orders, an evaluation of objective findings, the plan of care and the treatment records;
(p) Promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;
(q) Violating any provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.
(2) A denial of an application for licensure or application for reinstatement shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and be subject to the provisions of that chapter, as well as the rules adopted by the board governing contested cases.
(3) Any person who shall be aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a licensure, issuing a censure, imposing any restriction upon a licensee, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[(54-3911) 54-3912, added 1989, ch. 179, sec. 1, p. 444; am. & redesig. 2003, ch. 261, sec. 11, p. 692; am. 2024, ch. 61, sec. 18, p. 298.]
In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.
[54-3915, added 2024, ch. 61, sec. 23, p. 299.]
Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
[(54-3916) 54-3917, added 1989, ch. 179, sec. 1, p. 446; am. & redesig. 2003, ch. 261, sec. 16, p. 696.]
The provisions of this act are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[(54-3917) 54-3918, added 1989, ch. 179, sec. 1, p. 446; am. & redesig. 2003, ch. 261, sec. 17, p. 697.]
By the adoption of this chapter, it is the intent of the legislature to protect the public health, safety and welfare, and to provide for state administrative supervision, licensure, regulation and disciplinary procedures of every person providing massage therapy who meets and maintains the standards of practice and code of ethics as adopted by the board and is licensed under the provisions of this chapter, unless otherwise exempted herein.
[54-4001, added 2012, ch. 261, sec. 1, p. 723.]
As used in this chapter, the following terms have the following meanings:
(1) "Advertise" means, but is not limited to, the issuing or causing to be distributed of any card, sign, direct mail piece or other device or causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine or directory, or announcement on radio or announcement or display on television, computer network or electronic or telephonic medium.
(2) "Board" means the Idaho state board of massage therapy created pursuant to section 54-4006, Idaho Code.
(3) "Compensation" means the payment, loan, advance, donation, contribution, deposit or gift of money or anything of value, except "compensation" shall not include a student tuition credit program where such program has been established by a massage therapy establishment.
(4) "Massage school" means a massage therapy educational program that is registered by the state board of education in accordance with chapter 24, title 33, Idaho Code, or comparable authority in another state.
(5) "Massage therapist" means a person who is licensed under this chapter and who engages in the practice of massage therapy.
(6) "Massage therapy" means the care and services provided by a massage therapist.
(7) "Practice of massage therapy" means the application of a system of structured touch, pressure, movement and holding of the soft tissues of the human body. The application may include:
(a) Pressure, friction, stroking, rocking, kneading, percussion, or passive or active stretching within the normal anatomical range of movement;
(b) Complementary methods, including the external application of water, heat, cold, lubricants and other topical preparations; or
(c) The use of mechanical devices that mimic or enhance actions that may be done by the hands.
[54-4002, added 2012, ch. 261, sec. 1, p. 723; am. 2016, ch. 174, sec. 1, p. 477.]
(1) Nothing in this chapter shall be construed to restrict any person licensed or regulated by the state of Idaho from engaging in the profession or practice for which they are licensed or regulated.
(2) Nothing in this chapter shall prohibit, prevent or restrict:
(a) The practice of massage therapy by a person employed by the government of the United States while the person is engaged in the performance of duties prescribed by the laws and regulations of the United States.
(b) The practice of massage therapy by persons licensed, registered or certified in another state, a territory, the District of Columbia or a foreign country when incidentally called into this state to teach a course related to massage therapy or to consult with a person licensed under this chapter.
(c) The practice of massage therapy by persons licensed, registered or certified and in good standing in another state, a territory, the District of Columbia or a foreign country when practicing on clients participating in organized athletic events or affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year.
(d) The practice of students enrolled in a board-approved course of instruction while completing a clinical requirement or supervised massage therapy fieldwork experience for graduation performed under the supervision of a person licensed under this chapter, provided the student does not hold himself or herself out as a licensed massage therapist and does not receive compensation for services performed.
(e) The practice of any person in this state who uses touch, words and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged within the scope of practice of a profession, provided that their services are not designated or implied to be massage or massage therapy. Such practices include, but are not limited to, the Feldenkrais method® of somatic education, the Trager approach® to movement education, body-mind centering®, Ortho-Bionomy® and craniosacral therapy.
(f) The practice of persons who restrict their practice to manipulation of the soft tissues of the human body to the hands, feet or ears and do not hold themselves out to be massage therapists or to do massage or massage therapy.
(g) The practice of any person in this state who uses touch to affect the energy systems, acupoints or qi meridians, or channels of energy of the human body while engaged within the scope of practice of a profession, provided that their services are not designated or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity, polarity therapy, polarity bodywork therapy, Asian bodywork therapy, acupressure, jin shin do®, qi gong, reiki and shiatsu.
(h) The practice of persons engaged in the profession of structural integration, restoring postural balance and functional ease by integrating the body in gravity based on a system of fascial manipulation, awareness, and education developed by Dr. Ida P. Rolf, provided their services are not designated or implied to be massage or massage therapy. Such practices include, but are not limited to: Rolfing® structural integration, the guild for structural integration, Hellerwork®.
[54-4003, added 2012, ch. 261, sec. 1, p. 724; am. 2015, ch. 30, sec. 1, p. 68.]
Massage therapists shall not perform any of the following:
(1) Diagnosis of injury, illness or disease;
(2) Chiropractic adjustment or skeletal manipulative procedures or any other procedures as defined in section 54-704, Idaho Code, except as allowed in section 54-4002(7), Idaho Code;
(3) Therapeutic exercise, medical or other therapeutic modalities including, but not limited to, the use of medically classified therapeutic devices, mechanical traction, laser and light therapies, electrical stimulation or application of ultrasound; and
(4) Dispensation of, application of or issuance of prescriptions for pharmaceutical agents.
[54-4004, added 2012, ch. 261, sec. 1, p. 725.]
(1) A person shall not practice massage therapy for compensation or hold himself or herself out to others as a massage therapist without first receiving from the board a license to engage in that practice.
(2) A person holds himself or herself out to others as a massage therapist when the person adopts or uses any title or description including "massage therapist," "massagist," "massotherapist," "myotherapist," "body therapist," "massage technician," "massage practitioner" or any derivation of those terms that implies this practice.
(3) It shall be unlawful for any person who is not a licensed massage therapist under this chapter to advertise using the term "massage therapist." Any person who holds a license to practice as a massage therapist in this state may use the title "licensed massage therapist." No other person shall assume this title or use an abbreviation or any other words, letters, signs or figures to indicate that the person using the title is a licensed massage therapist.
[54-4005, added 2012, ch. 261, sec. 1, p. 725.]
(1) There is hereby established in the division of occupational and professional licenses the board of massage therapy. The members thereof shall be appointed by the governor and serve at the pleasure of the governor.
(2) The board shall consist of five (5) members, four (4) of whom shall be licensed pursuant to this chapter and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of massage therapy services. At no time shall more than one (1) board member be an owner of, an instructor of, or otherwise affiliated with a board-approved course of instruction or any other massage therapy school or course of instruction.
(3) Professional massage therapy associations and/or any resident of the state of Idaho may provide nominations to the governor.
(4) All members of the board shall be residents of the state of Idaho for the duration of their appointment and shall have been residents of the state of Idaho for a minimum of three (3) years immediately preceding appointment.
(5) The initial four (4) massage therapist members of the board shall be persons with at least three (3) years of experience in the practice of massage therapy who become licensed pursuant to this chapter.
(6) The initial board shall be appointed for staggered terms, the longest of which shall not exceed three (3) years. After the initial appointments, all terms shall be for three (3) years, and a member may be reappointed for a second term. No member shall serve more than two (2) terms. In the event of death, resignation or removal of any member before the expiration of the term to which appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(7) The board, within thirty (30) days after its initial appointment and at least annually thereafter, shall hold a meeting and elect a chairman. The board may hold additional meetings on the call of the chairman or at the written request of any three (3) members of the board. The board may appoint such committees as it considers necessary to carry out its duties. A majority of the members of the board shall constitute a quorum.
(8) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
[54-4006, added 2012, ch. 261, sec. 1, p. 725; am. 2017, ch. 51, sec. 1, p. 80; am. 2021, ch. 222, sec. 32, p. 645.]
(1) The board shall have the authority to:
(a) Determine the qualifications of persons applying for licensure pursuant to this chapter and to define, by rule, the appropriate scope of massage therapy in this state, provided however, that the scope of practice may not exceed that defined in section 54-4002(7), Idaho Code;
(b) Promulgate such rules as are necessary for the administration of this chapter, including standards of professional conduct;
(c) Collect fees and other funds as prescribed by this chapter;
(d) Contract and pursue other matters lawful in this state relating to massage therapy;
(e) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(f) Establish requirements for renewal of license and approval of continuing education courses as set forth in section 67-2614, Idaho Code;
(g) Establish rules for the approval of massage therapy entry-level educational standards but must remain consistent with curriculum requirements in this chapter, or rules promulgated pursuant thereto;
(h) Establish requirements for a student tuition credit program; and
(i) Establish requirements for a temporary license and provisional permit.
(2) The registration of massage schools shall remain with the state board of education in accordance with chapter 24, title 33, Idaho Code.
[54-4007, added 2012, ch. 261, sec. 1, p. 726; am. 2016, ch. 174, sec. 2, p. 477; am. 2022, ch. 94, sec. 56, p. 319; am. 2026, ch. 221, sec. 22, p. 951.]
(1) All fees received under the provisions of this chapter shall be paid to the department of self-governing agencies, division of occupational and professional licenses, and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. In no case shall any salary, expense or other obligation of the board be charged against the general fund.
(2) The board, by rule, may impose fees not to exceed four hundred dollars ($400) biennially per fee to provide for the administration of this section including, but not limited to, the following:
(a) Original license fee;
(b) Application fee;
(c) License renewal fee;
(d) License by endorsement;
(e) Duplicate license; and
(f) Reinstatement fee.
[54-4008, added 2012, ch. 261, sec. 1, p. 726; am. 2022, ch. 94, sec. 57, p. 320; am. 2024, ch. 86, sec. 37, p. 413.]
Upon application to the board and the payment of the required fees, an applicant may be licensed as a massage therapist if the applicant meets all the requirements of this chapter and provides documentation acceptable to the board that the applicant:
(1) Has obtained a high school diploma or equivalent, including graduation from a nonpublic school;
(2) Is eighteen (18) years of age or older;
(3) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(4) Has successfully completed a massage program registered pursuant to chapter 24, title 33, Idaho Code, or a comparable authority in another state that consists of the minimum of five hundred (500) in-class supervised hours of coursework and clinic work; and
(5) Has successfully passed a nationally recognized competency examination in massage therapy that is approved by the board. The passage of this exam may have occurred prior to the effective date of this chapter.
[54-4009, added 2012, ch. 261, sec. 1, p. 727; am. 2022, ch. 246, sec. 31, p. 808; am. 2026, ch. 135, sec. 13, p. 642.]
The board may grant a license without examination to any person who, at the time of application, is licensed or certified in good standing by a board of massage therapy of another state, provided the requirements for such certification or licensure are substantially equivalent to the requirements of this chapter, and upon payment of a fee to be determined by the board.
[54-4010, added 2012, ch. 261, sec. 1, p. 727.]
(1) A license shall be issued and renewed in accordance with section 67-2614, Idaho Code.
[54-4011, added 2012, ch. 261, sec. 1, p. 727.]
Until July 1, 2014, the board may issue a license to any individual who meets one (1) of the following requirements:
(1) He or she has completed a minimum of five hundred (500) hours of supervised classroom and hands-on instruction relating to massage therapy;
(2) He or she has completed at least three hundred (300) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least three (3) years prior to the date of application;
(3) He or she has completed at least two hundred (200) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least five (5) hours per week on average for at least five (5) years prior to the date of application;
(4) He or she has been an active member in good standing as a massage therapist for a period of at least twelve (12) months of a national professional massage association/organization that offers professional liability insurance; or
(5) He or she has successfully passed an examination meeting the requirements of section 54-4009(5), Idaho Code. The passage of this examination may have occurred before the effective date of this section.
[54-4012, added 2012, ch. 261, sec. 1, p. 727.]
The board may refuse to issue or renew or otherwise discipline a license holder for any of the following:
(1) The employment of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license;
(2) Practicing as a massage therapist when physical or mental abilities are impaired as determined by the board;
(3) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, provided that the board has taken into consideration the rehabilitation of the applicant or licensee and other mitigating circumstances;
(4) Having been adjudged mentally incompetent by a court of competent jurisdiction;
(5) Engaging in any act or practice in violation of any of the provisions of this chapter or any of the rules adopted by the board, or aiding, abetting or assisting any other person in such a violation;
(6) The commission of an act of gross negligence or incompetence;
(7) Practicing without a valid license;
(8) Engaging in any lewd, indecent, obscene or unlawful behavior with a client;
(9) The employment of fraud, deceit, or misrepresentation when communicating with the general public, health care professionals or other business professionals;
(10) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failing to divulge such information when requested by the board;
(11) A violation of the code of ethics or standards of practice as adopted by the board; and
(12) Failure to comply with an order issued by the board.
[54-4013, added 2012, ch. 261, sec. 1, p. 727; am. 2020, ch. 175, sec. 33, p. 539.]
A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
[54-4014, added 2012, ch. 261, sec. 1, p. 728; am. 2026, ch. 221, sec. 95, p. 977.]
Beginning on the date applications for licensure become available pursuant to this chapter, a local unit of government shall not establish or maintain professional licensing requirements for a massage therapist licensed pursuant to this chapter.
[54-4015, added 2012, ch. 261, sec. 1, p. 728.]
This chapter shall be known and may be cited as the "Idaho Real Estate Appraisers Act."
[54-4101, added 1990, ch. 82, sec. 1, p. 164; am. 1992, ch. 92, sec. 1, p. 283.]
In order to safeguard life, health and property and to promote the public welfare, any person holding himself out to be a state licensed or certified real estate appraiser, as herein defined, in the state of Idaho shall submit evidence of his qualifications so to practice and be licensed or certified as hereinafter provided. Except as herein otherwise expressly provided, no license or certificate shall be issued until an applicant has successfully passed an examination conducted by the real estate appraiser board.
[54-4102, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 2, p. 283.]
It shall be unlawful for any person in this state to assume or use the title "state licensed" or "state certified real estate appraiser" or any title, designation or abbreviation likely to create the impression of licensure or certification by the state of Idaho for any real estate appraisal, unless the person has first been licensed or certified by the real estate appraiser board under the provisions of this chapter. The board may adopt for the exclusive use of persons licensed or certified under the provisions of this chapter, a seal, symbol or other mark identifying the user as a state licensed or certified real estate appraiser.
It shall be unlawful for any person to appraise, practice appraisal, assume to act as, or hold themselves out to the public as an appraiser, or carry on the calling of an appraiser within the state, or to perform an appraisal of real estate located in this state unless the person has first been licensed or certified by the board under the provisions of this chapter.
[54-4103, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 3, p. 283; am. 1999, ch. 54, sec. 1, p. 136.]
As used in this chapter:
(1) "Appraisal" or "real estate appraisal" means an opinion or conclusion of value of identified real estate.
(2) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased opinion or conclusion relating to the value of identified real estate.
(3) "Appraisal foundation" or "foundation" means the appraisal foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois.
(4) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment. The term does not include:
(a) A general examination of an appraisal for grammatical, typographical, mathematical or other similar administrative errors; and
(b) A general examination for completeness, including regulatory or client requirements as specified in the agreement process that do not involve the appraiser’s professional judgment, including compliance with the elements of the client’s statement of work.
(5) "Board" means the real estate appraiser board.
(6) "Broker’s price opinion" means a written price opinion of the estimated price for identified real property that is prepared by a real estate broker or associate broker licensed under chapter 20, title 54, Idaho Code, pursuant to the requirements and content provisions for the broker’s price opinions contained in this chapter.
(7) "Federally related transaction" means any real estate-related financial transaction that a federally regulated institution, regulatory agency, or the resolution trust corporation engages in, funds, contracts for, or regulates.
(8) "License" or "certificate" means that document issued by the real estate appraiser board certifying that the person named thereon has satisfied the requirements for licensure or certification as a state licensed or certified real estate appraiser and bearing a license or certificate number assigned by the board.
(9) "Noncomplex appraisal" is one in which the subject property has an active market of essentially identical properties, there is adequate market data available, adjustments do not exceed the typical range found in the market for essentially identical properties, and in the instance of residential property, the contract sales price would fall within the market norm for homes or lots within the same area.
(10) "Real estate appraiser" or "appraiser" means a person who, for a fee or other valuable consideration or the expectation thereof, develops and communicates real estate appraisals or otherwise gives an opinion of the value of real estate or any interest therein.
(11) "Real estate-related financial transaction" means any transaction involving:
(a) The sale, lease, purchase, investment in or exchange of real property, including interest in property or the financing thereof;
(b) The financing or refinancing of real property, or any interest in real property;
(c) The use of real property or an interest in real property as security for a loan or investment, including a mortgage-backed security.
(12) "Real property" or "real estate" means and includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether situated in this state or elsewhere.
(13) "State certified general real estate appraiser" means a person who is certified to appraise all types of real property.
(14) "State certified residential real estate appraiser" means a person who holds a current, valid certificate as a state certified residential appraiser issued under the provisions of this chapter whose practice is limited to appraisal of residential properties of four (4) or fewer units without regard to transaction value or complexity.
(15) "State licensed residential real estate appraiser" means a person who is licensed to appraise residential real property consisting of one (1) to four (4) noncomplex residential units having a transaction value less than one million dollars ($1,000,000) and complex one (1) to four (4) residential units having a transaction value less than two hundred fifty thousand dollars ($250,000).
[54-4104, added 1990, ch. 82, sec. 1, p. 165; am. 1992, ch. 92, sec. 4, p. 284; am. 1999, ch. 54, sec. 2, p. 137; am. 2016, ch. 155, sec. 1, p. 425; am. 2018, ch. 128, sec. 1, p. 268.]
(1) The provisions of this chapter do not restrict the right to use the term "appraiser," provided that such term is not used in a manner that creates the impression of certification by the state of Idaho to perform real estate appraisals other than ad valorem tax appraisals. However, nothing in this chapter shall entitle a state licensed or state certified real estate appraiser to appraise real estate for ad valorem tax purposes unless he has first been certified by the Idaho state tax commission pursuant to section 63-105A(17), Idaho Code.
(2) The provisions of this chapter shall not apply to a licensed real estate broker, associate broker or salesperson who, in the ordinary course of his business gives an opinion of the price of real estate for the purpose of a prospective listing or sale, provided that such person does not represent himself as being a state licensed or certified real estate appraiser.
(3) The provisions of this chapter shall not prohibit a real estate broker or associate broker licensed under chapter 20, title 54, Idaho Code, whose license is active and in good standing, from rendering a broker’s price opinion, for which the broker may charge a fee, provided the broker’s price opinion complies with the following requirements:
(a) The broker’s price opinion shall be in writing and contain the following:
(i) A statement of the intended purpose of the price opinion;
(ii) A brief description of the subject property and property interest to be priced;
(iii) The basis of reasoning used to reach the conclusion of the price, including the applicable market data and/or capitalization computation;
(iv) Any assumptions or limiting conditions;
(v) A disclosure of any existing or contemplated interest of the broker(s) issuing the opinion;
(vi) The name and signature of the broker(s) issuing the price opinion and the date of its issuance;
(vii) A disclaimer that, unless the broker is licensed under the Idaho real estate appraisers act, chapter 41, title 54, Idaho Code, the report is not intended to meet the uniform standards of professional appraisal practice;
(viii) A disclaimer that the broker’s price opinion is not intended to be an appraisal of the market value of the property, and that if an appraisal is desired, the services of a licensed or certified appraiser should be obtained.
The broker’s price opinion permitted under this chapter may not be used as an appraisal, or in lieu of an appraisal, in a federally related transaction.
(4) Any person who is not licensed or certified under the provisions of this chapter may assist a state licensed or certified real estate appraiser in the performance of an appraisal, provided that he is actively and personally supervised by the state licensed or certified appraiser and provided further that any appraisal report rendered in connection with the appraisal is reviewed and signed by the state licensed or certified real estate appraiser.
(5) The provisions of this chapter requiring mandatory licensure or certification shall not apply to employees or agents of the Idaho transportation department or a local highway jurisdiction when estimating the market value for property that is subject to eminent domain by the department or local highway jurisdiction, or property owned by the department or local highway jurisdiction that has been declared surplus, where a noncomplex appraisal would normally be ordered, and the market value is ten thousand dollars ($10,000) or less. Such estimates of market value shall be reviewed and approved by an Idaho state certified general real estate appraiser. Idaho state certified general real estate appraisers who estimate or review market value of property under this section shall be exempt from the requirements of uniform standards of professional appraisal practice. A value estimate shall be provided to the property owner who shall also be informed of his right to request and receive an appraisal of his property.
(6) This chapter shall not prohibit a property owner from expressing his personal opinion of the value of his own property, nor shall the provisions of this chapter prohibit a lender, or employee of a lending institution, from forming and expressing an opinion of collateral value in the ordinary course of business including, but not limited to, mortgaging property, underwriting a loan, or foreclosing a loan, so long as such opinion of collateral value is not represented as being an appraisal of the market value of the property, or prepared under the provisions of this chapter.
(7) This chapter shall not prohibit an attorney or accountant from rendering professional advice within the ordinary course of his profession, so long as such advice is not represented to be an appraisal of the market value of the property.
[54-4105, added 1990, ch. 82, sec. 1, p. 166; am. 1992, ch. 92, sec. 5, p. 285; am. 1993, ch. 320, sec. 1, p. 1178; am. 1994, ch. 71, sec. 1, p. 148; am. 1996, ch. 137, sec. 1, p. 462; am. 1996, ch. 322, sec. 56, p. 1085; am. 1999, ch. 54, sec. 3, p. 138; am. 2002, ch. 31, sec. 1, p. 45; am. 2004, ch. 85, sec. 1, p. 319; am. 2013, ch. 137, sec. 1, p. 321.]
Any person who performs an appraisal review shall be licensed or certified by the board or by another state, provided that if a value opinion is provided, the person must be licensed by the board. A person performing a review that does not fall under the definition of an appraisal review is not required to be certified or licensed in any state.
[54-4105A, added 2018, ch. 128, sec. 2, p. 269.]
(1) There is hereby created in the division of occupational and professional licenses a real estate appraiser board, hereinafter referred to as the board, which shall administer the provisions of this chapter. The board shall consist of five (5) members to be appointed by and to serve at the pleasure of the governor as follows:
(a) One (1) real estate appraiser from the northern district consisting of the counties of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner; one (1) real estate appraiser from the southeastern district consisting of the counties of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock; one (1) real estate appraiser from the southwestern district consisting of the counties of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley; one (1) real estate appraiser from the south central district consisting of the counties of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls; and one (1) public member from the state at large;
(b) The governor shall appoint the members of the board, four (4) of whom shall be real estate appraisers with not less than five (5) years’ experience in the real estate appraisal business in Idaho and one (1) of whom shall be a member of the public with an interest in the rights of consumers of real estate appraisal services. Each regular appointment, other than an appointment to fill an unexpired term, shall be for a term of four (4) years and each board member shall hold office until a successor is appointed and qualified. Upon the death, resignation or removal of any member of the board, the governor shall appoint a qualified person to fill the unexpired term. Appointments to fill any vacancy other than that resulting from the expiration of a term shall be made for the unexpired term;
(c) The board shall call a meeting at least once annually to organize and to elect a chairman. Thereafter, the chairman may call meetings of the board whenever he deems it advisable, but if he refuses to call a meeting upon written demand of the other four (4) members of the board, then such members may call such meeting. Reasonable notice shall be given in writing by mail of such meeting.
(2) The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers and duties:
(a) To authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interest;
(b) To adopt, pursuant to the administrative procedure act, such rules as the board, in its discretion, deems necessary for the administration and enforcement of this chapter and any such rules deemed necessary by the board to keep the Idaho real estate appraisers act in compliance with federal law, rule, regulation or policy;
(c) To conduct investigations into violations of the provisions of this chapter;
(d) To receive applications for and issue licenses or certificates to real estate appraisers pursuant to this chapter;
(e) To hold meetings, hearings and examinations at such places and at such times as it shall designate;
(f) To collect, deposit and disburse application and other fees, as required by this chapter or federal law;
(g) To maintain a register of all state-licensed or state-certified residential and state-certified general real estate appraisers;
(h) To censure a state-licensed or state-certified appraiser or suspend or revoke appraisal licenses or certificates as provided in this chapter, subject to the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code;
(i) To adopt rules governing the registration and limitations of real estate appraiser trainees; and
(j) To require new applicants to submit to a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(3) Each member of the board of real estate appraisers shall be compensated as provided in section 59-509(m), Idaho Code.
[54-4106, added 1990, ch. 82, sec. 1, p. 166; am. 1992, ch. 92, sec. 6, p. 285; am. 1996, ch. 66, sec. 8, p. 207; am. 1999, ch. 162, sec. 1, p. 448; am. 2001, ch. 132, sec. 1, p. 472; am. 2014, ch. 156, sec. 1, p. 438; am. 2016, ch. 340, sec. 40, p. 959; am. 2021, ch. 222, sec. 33, p. 646; am. 2024, ch. 101, sec. 16, p. 459.]
The board may refuse to issue, refuse to renew or may suspend, revoke or otherwise sanction any license or certificate issued under this chapter for any of the following:
(1) Procuring licensure or certification pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for licensure or certification or through any form of fraud or misrepresentation;
(2) Being convicted of a felony;
(3) Making any substantial misrepresentation, false promises or false or fraudulent representation;
(4) Violating the provisions of this chapter or any rules of the board;
(5) Being negligent or incompetent in developing an appraisal, in preparing an appraisal report or in communicating an appraisal;
(6) Accepting an appraisal assignment when the employment is contingent upon the licensed or certified appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
(7) Violating the confidential nature of governmental records to which he gained access through employment as a licensed or certified appraiser by a governmental agency;
(8) Entering into an agreement to perform specialized services for a contingent fee and failing to clearly state this fact in each written and oral report;
(9) Failing as a state-licensed or certified real estate appraiser to actively and personally supervise any person not licensed or certified under the provisions of this chapter who assists said state licensed or certified appraiser in performing real estate appraisals;
(10) Having had a license or certificate to practice revoked, suspended or otherwise sanctioned by any state; or
(11) Failing to comply with a board order entered in a disciplinary matter.
[54-4107, added 1990, ch. 82, sec. 1, p. 168; am. 1992, ch. 92, sec. 7, p. 287; am. 2008, ch. 108, sec. 1, p. 306; am. 2012, ch. 48, sec. 1, p. 143; am. 2020, ch. 104, sec. 1, p. 278; am. 2026, ch. 221, sec. 23, p. 951.]
The hearing on any charge of violation of section 54-4107, Idaho Code, shall be at a time and place prescribed by the board.
[54-4108, added 1990, ch. 82, sec. 1, p. 169.]
(1) A state licensed or certified real estate appraiser shall retain, for at least five (5) years, originals or true copies of all written contracts engaging his services for real estate appraisal work, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
(2) The five (5) year period for retention of records provided by subsection (1) of this section is applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within the five (5) year period, the appraiser is notified that the appraisal or report is involved in litigation, in which event the five (5) year period for the retention of records shall commence upon the date of the final disposition of the litigation.
(3) All records required to be maintained under the provisions of this chapter shall be made available by the licensed or certified real estate appraiser for inspection and copying by the board on reasonable notice to the appraiser.
[54-4109, added 1990, ch. 82, sec. 1, p. 169; am. 1992, ch. 92, sec. 8, p. 288.]
(1) Any person who desires to obtain licensure or certification as a real estate appraiser shall make written application to the board on such forms as it may prescribe. Each applicant shall satisfy the following requirements:
(a) State licensed residential real estate appraiser. An applicant for licensure as a residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.
(b) State certified residential real estate appraiser. An applicant for certification as a certified residential real estate appraiser must satisfactorily complete the education and experience requirements and successfully complete an examination conducted by or authorized by the board as set forth by rules of the board.
(c) State certified general real estate appraiser. An applicant for certification as a general real estate appraiser must satisfactorily complete the education and experience requirements and shall successfully complete an examination conducted or authorized by the board as set forth by rules of the board.
(2) The board may consider and/or adopt some or all of the following: appraiser qualifications criteria adopted by the appraiser qualifications board of the appraisal foundation, the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation, and a code of ethical standards to be set forth by board rule, as well as any forthcoming federal rule or regulation deemed pertinent.
[54-4110, added 1990, ch. 82, sec. 1, p. 169; am. 1992, ch. 92, sec. 9, p. 288.]
The term "state licensed or certified real estate appraiser" shall only be used to refer to individuals who hold licenses or certificates under this chapter and may not be used following or immediately in connection with the name of a partnership, association, corporation or group, or in such a manner that it might be interpreted as referring to a firm, partnership, corporation, group or anyone other than an individual holder of the license or certificate. No license or certificate shall be issued under the provisions of this chapter to a firm, partnership, corporation or group practice. However, this subsection shall not be construed to prevent a state licensed or certified real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice.
[54-4111, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 10, p. 289.]
The board shall hold each year at least one (1) examination for licensure or certification to practice real estate appraisal, if there be any such applicants. The examinations shall be conducted by the real estate appraiser board under fair and wholly impartial methods and subject to such rules as the board may establish to test the applicant’s qualifications in all branches of the professional practice of appraisal.
[54-4112, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 11, p. 289.]
(1) Every person applying for examination or reexamination under this chapter shall pay a fee equal to that charged by the national examining entity. If the result of the examination of any applicant shall be satisfactory to the board, under its rules, it shall issue to such applicant a license or certificate setting forth the fact that he is a state-licensed or state-certified real estate appraiser and authorized to practice his profession in this state. The fee for obtaining a license or certificate under the provisions of this chapter shall be an amount not to exceed five hundred dollars ($500). The annual fee for renewal or reinstatement of a license or certificate shall be an amount not to exceed five hundred dollars ($500), which shall be paid to the division of occupational and professional licenses. The board shall adopt all fees by rule.
(2) In addition to those fees described in this chapter, the board may collect from applicants for licensure or certification and holders of state licenses or certificates of appraisal and remit to the appropriate agency or instrumentality of the federal government any additional fees as may be required to render Idaho state-licensed residential, state-certified residential and general real estate appraisers eligible to perform appraisals in connection with federally related transactions.
(3) In addition to those fees described in this chapter, the board may collect from an applicant for appraisal management company registration and from a registered appraisal management company and remit to the appropriate agency or instrumentality of the federal government any additional fees required to provide appraisal management services in connection with federally related transactions.
(4) The board may collect continuing education provider application fees in an amount not to exceed one hundred dollars ($100) as established by board rule.
(5) All fees received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The fees collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-4113, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 12, p. 289; am. 2008, ch. 108, sec. 2, p. 307; am. 2011, ch. 84, sec. 1, p. 175; am. 2017, ch. 183, sec. 1, p. 422; am. 2020, ch. 104, sec. 2, p. 279; am. 2021, ch. 224, sec. 67, p. 684; am. 2022, ch. 94, sec. 58, p. 320.]
All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-4114, added 1990, ch. 82, sec. 1, p. 170; am. 1992, ch. 92, sec. 13, p. 290; am. 2003, ch. 21, sec. 19, p. 89; am. 2024, ch. 86, sec. 38, p. 413.]
(1) Nonresident licensure or certification. If the board determines that another state has substantially equivalent requirements for appraiser licensure or certification, an applicant from such other state may obtain a license or certificate to practice as a licensed or certified residential or general real estate appraiser in this state, subject to the rules set forth by the board.
(2) Temporary practice. Only to the extent required by federal law, and subject to the rules set forth by the board, a temporary license or certificate for real estate appraisal may be issued to an individual from another state.
(3) Service of process. Prior to and as a condition of an individual’s application for either a nonresident license or certificate or a temporary license or certificate, said applicant who is not a resident of Idaho shall submit with his application an irrevocable consent, on a form prescribed by the board, that service of process in any action against the applicant arising out of the applicant’s activities as a state licensed or certified real estate appraiser may be made by delivery of process on the board.
[54-4115, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 14, p. 290; am. 2012, ch. 48, sec. 2, p. 144.]
To obtain a renewal license or certificate to practice as a state licensed or certified real estate appraiser, the holder of the current license or certificate shall make application and pay the prescribed fee to the board. Further, the applicant shall present evidence in a form satisfactory to the board of having successfully completed any continuing education requirements for renewal as shall be specified by rule of the board.
[54-4116, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 15, p. 291.]
The board is hereby authorized to institute injunction proceedings in the district court of competent jurisdiction, pursuant to the Idaho rules of civil procedure, for cause shown, to restrain any person or persons from violating any provision of this chapter regardless of whether or not there exists an adequate remedy at law.
[54-4117, added 1990, ch. 82, sec. 1, p. 171.]
The board may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction. It shall be the duty of the prosecuting attorney of each county in the state to prosecute all violations of the aforesaid provisions of this chapter in their respective counties in which said violations occur.
[54-4118, added 1990, ch. 82, sec. 1, p. 171.]
Any person who acts as or holds himself out to be, a state licensed or certified residential or state certified general real estate appraiser within the meaning of this chapter without first obtaining a license or certificate as provided herein, may be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment in the discretion of the court.
[54-4119, added 1990, ch. 82, sec. 1, p. 171; am. 1992, ch. 92, sec. 16, p. 291; am. 2026, ch. 221, sec. 96, p. 977.]
Sections 54-4120 through 54-4134, Idaho Code, shall be known and may be cited as the "Idaho Appraisal Management Company Registration and Regulation Act."
[54-4120, added 2016, ch. 131, sec. 1, p. 387.]
This act shall apply to appraisal management companies providing appraisal management services in connection with consumer credit transactions secured by a consumer’s principal dwelling or securitizations of those transactions.
[54-4121, added 2016, ch. 131, sec. 1, p. 387.]
As used in this act:
(1) "Affiliate" means any company that controls, is controlled by or is under common control with another company.
(2) "AMC national registry" means the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the appraisal subcommittee.
(3) (a) "Appraisal management company" or "AMC" means a person that:
(i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;
(ii) Provides such services in connection with valuing a consumer’s principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and
(iii) Within a given calendar year, oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in this state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states.
(b) The term "appraisal management company" or "AMC" does not include a department or division of an entity that provides appraisal management services only to that entity.
(4) "Appraisal management services" means one (1) or more of the following:
(a) Recruiting, selecting and retaining appraisers;
(b) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments;
(c) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; and
(d) Reviewing and verifying the work of appraisers.
(5) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment. The term does not include:
(a) A general examination of an appraisal for grammatical, typographical, mathematical or other similar administrative errors; and
(b) A general examination for completeness, including regulatory or client requirements as specified in the agreement process that do not involve the appraiser’s professional judgment, including compliance with the elements of the client’s statement of work.
(6) "Appraiser panel" means a network, list or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. Appraisers on an AMC’s appraiser panel under this act include both appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions, or for secondary mortgage market participants in connection with covered transactions, and appraisers engaged by the AMC to perform one (1) or more appraisals in covered transactions, or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for the purposes of this act if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation.
(7) "Board" means the real estate appraiser board created in section 54-4106, Idaho Code.
(8) "Consumer credit" means credit offered or extended to a consumer primarily for personal, family or household purposes.
(9) "Controlling person" means:
(a) An owner, officer or director of, or a natural person who holds greater than ten percent (10%) ownership interest in, a corporation, partnership or other business entity seeking to offer appraisal management services in Idaho; or
(b) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.
(10) "Covered transaction" means any consumer credit transaction secured by the consumer’s principal dwelling.
(11) "Creditor" means:
(a) A person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including a down payment, and to whom the obligation is initially payable, either on the face of the note or contract or by agreement when there is no note or contract; or
(b) A person who regularly extends consumer credit if the person extended credit, other than credit subject to the requirements of 12 CFR 1026.32, more than five (5) times for transactions secured by a dwelling in the preceding calendar year. If a person did not meet these numerical standards in the preceding calendar year, the numerical standards shall be applied to the current calendar year. A person regularly extends consumer credit if, in any twelve (12) month period, the person originates more than one (1) credit extension that is subject to the requirements of 12 CFR 1026.32, or one (1) or more such credit extensions through a mortgage broker.
(12) "Division" means the division of occupational and professional licenses.
(13) "Dwelling" means a residential structure that contains one (1) to four (4) units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobile home and trailer, if it is used as a residence. A consumer can have only one (1) principal dwelling at a time. A vacation or other second home is not a principal dwelling. However, if a consumer buys or builds a new dwelling that will become the consumer’s principal dwelling within one (1) year or upon the completion of construction, the new dwelling is considered the principal dwelling for purposes of this section.
(14) "Federally regulated AMC" means an AMC that is owned and controlled by an insured depository institution, as defined in 12 U.S.C. 1813, and regulated by the office of the comptroller of the currency, the board of governors of the federal reserve system or the federal deposit insurance corporation.
(15) "Person" means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, estate, trust or government unit.
(16) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities or an underwriter or issuer of mortgage-backed securities. Secondary mortgage market participant includes an individual investor in a mortgage-backed security only if that investor also serves in the capacity of a guarantor, insurer, underwriter or issuer for the mortgage-backed security.
(17) "Uniform standards of professional appraisal practice" or "USPAP" means the appraisal standards promulgated by the appraisal standards board of the appraisal foundation.
[54-4122, added 2016, ch. 131, sec. 1, p. 387; am. 2021, ch. 224, sec. 68, p. 685.]
For purposes of determining whether, within a calendar year, an AMC oversees an appraisal panel of more than fifteen (15) state certified or state licensed appraisers in one (1) state or twenty-five (25) or more state certified or state licensed appraisers in two (2) or more states:
(1) An appraiser is deemed part of the AMC’s appraiser panel as of the earliest date on which the AMC:
(a) Accepts the appraiser for the AMC’s consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or
(b) Engages the appraiser to perform one (1) or more appraisals on behalf of a creditor for a covered transaction or secondary mortgage market participation in connection with covered transactions.
(2) An appraiser who is deemed part of the AMC’s appraiser panel pursuant to subsection (1) of this section is deemed to remain on the panel until the date on which the AMC:
(a) Sends written notice to the appraiser removing the appraiser from the appraiser panel with an explanation of its action; or
(b) Receives written notice from the appraiser asking to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(3) If an appraiser is removed from an AMC’s appraiser panel pursuant to subsection (2) of this section, but the AMC subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the twelve (12) months after the appraiser is removed, the removal will be deemed not to have occurred, and the appraiser will be deemed to have been part of the AMC’s appraiser panel without interruption.
(4) The period for purposes of counting appraisers on an AMC’s appraiser panel is the calendar year.
[54-4123, added 2016, ch. 131, sec. 1, p. 389.]
(1) Effective July 1, 2017, it is a violation of this act for a person to directly or indirectly engage or attempt to engage in business as an appraisal management company, to directly or indirectly engage or attempt to perform appraisal management services, or to advertise or hold itself out as engaging in or conducting business as an appraisal management company without first registering with the board under the provisions of this chapter.
(2) The registration required under subsection (1) of this section shall be filed in the form required by the board by rule, shall be renewed annually and shall, at a minimum, include the following information:
(a) Name of the person seeking registration;
(b) Business address of the person seeking registration;
(c) Phone contact information of the person seeking registration;
(d) If the person is not an entity that is domiciled in this state, an executed appointment of an agent for service of process in this state in the form required by the board;
(e) The name, address and contact information for all controlling persons; and
(f) Any other information required by the board by rule that is reasonably necessary to implement the provisions of this act.
(3) A registration granted by the board pursuant to this act shall be renewed and reinstated as provided in section 67-2614, Idaho Code. The board shall establish by rule the fee to be paid by each appraisal management company seeking registration under this act, such that the sum of the fees paid by all appraisal management companies seeking registration under this act shall be sufficient for the administration of this act, but in no case shall the fee be more than one thousand five hundred dollars ($1,500) per calendar year.
(4)(a) An applicant for issuance or renewal of an appraisal management company registration is required to file with the board a surety bond with one (1) or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an insured depository institution as defined in 12 U.S.C. section 1813, in the amount of twenty-five thousand dollars ($25,000).
(b) The surety bond or letter of credit required under paragraph (a) of this subsection must be available for all amounts adjudged by a court of competent jurisdiction to be owing to persons that have been injured by the appraisal management company’s failure to comply with this act. The name of the corporate surety and the policy number or the name of the insured depository institution, as applicable, shall be made available only to persons or their insurers who provide written evidence to the board that they possess an adjudicated and unsatisfied judgment against the appraisal management company.
(c) The board may require an appraisal management company to provide proof of a current surety bond or letter of credit upon written notice.
(d) A person or the board having a claim against an appraisal management company, if it has a claim, may bring suit against the surety bond or letter of credit required by paragraph (a) of this subsection. An action against the bond or letter of credit must be commenced within one hundred twenty (120) days after the appraisal management company allegedly failed to comply with this act.
(5) The board shall issue a unique registration number to each appraisal management company that is registered in this state and maintain an online list of the appraisal management companies that have registered with the board pursuant to this act. An appraisal management company registered in this state shall disclose the registration number provided to it by the board on the engagement documents presented to an appraiser.
(6) Each appraisal management company seeking to be registered or to renew an existing registration in this state shall certify to the board in a form prescribed by the board upon registration and renewal that it has a system in place to periodically review the work of appraisers who have performed appraisals for the appraisal management company to verify that the appraisals are being conducted in accordance with uniform standards of professional appraisal practice.
(7) Each appraisal management company seeking to be registered in this state shall certify to the board upon registration and renewal that it has retained all records required to be maintained under this act including the documentation for board registration and registration renewals for the period specified for retention of an appraiser’s work file in the uniform standards of professional appraisal practice.
(8) Each appraisal management company seeking to be registered or to renew an existing registration in this state shall certify that the company will require appraisals to be conducted independently as required by the appraisal independence standards under section 15 U.S.C. 1639e, including the requirements of payment of a customary and reasonable fee to independent appraisers when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer.
(9)(a) Each appraisal management company seeking to be registered or to renew a registration in this state shall certify to the board in a form required by the board that the company maintains a detailed record of each service request that the company receives for appraisals of property located in this state.
(b) All records required to be maintained by the registered appraisal management company shall be made available for inspection by the board upon reasonable notice to the appraisal management company.
[54-4124, added 2016, ch. 131, sec. 1, p. 389.]
The provisions of this act shall not apply to:
(1) A person that exclusively employs appraisers on an employer and employee basis for the performance of appraisals in this state;
(2) A federally regulated AMC;
(3) A department or unit within a financial institution that is subject to direct regulation by an agency of the United States government that is a member of the federal financial institutions examination council or its successor, or to regulation by an agency of this state, that receives a request for the performance of an appraisal from one (1) employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser that is an independent contractor to the institution, except that an AMC that is a wholly owned subsidiary of a financial institution shall not be considered a department or unit within a financial institution to which the provisions of this act do not apply; and
(4) An appraiser who enters into an agreement with another appraiser for the performance of an appraisal that upon completion results in a report signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal.
[54-4125, added 2016, ch. 131, sec. 1, p. 391.]
(1) No AMC shall be registered in this state if the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for substantive cause, as determined by the appropriate state appraiser certifying and licensing agency. An AMC is not barred from registration in this state if the license or certificate of the appraiser with an ownership interest was not revoked for a substantive cause and has been reinstated by the state or states in which the appraiser was licensed or certified.
(2) No AMC shall be registered in this state if any natural person who owns more than ten percent (10%) of the AMC:
(a) Is determined by the board to not be in compliance with all minimum federal requirements; or
(b) Fails to submit to a background investigation, including a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
(3) Each AMC applying to the board for a registration in this state shall designate one (1) controlling person that will be the main contact for all communication between the board and the AMC and notify the board of any change in the AMC’s controlling person. The controlling person designated pursuant to this subsection shall:
(a) Have never had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in lieu of revocation for a substantive reason in any state, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated;
(b) Be in compliance with all minimum federal requirements, as determined by the board; and
(c) Submit to a background investigation, including a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
[54-4126, added 2016, ch. 131, sec. 1, p. 391; am. 2020, ch. 104, sec. 3, p. 280; am. 2024, ch. 101, sec. 17, p. 460.]
(1) An appraisal management company applying to the board for a registration in this state shall not knowingly or through lack of diligence for the purpose of performing appraisals or appraisal management services:
(a) Employ any person who has had a license or certificate to act as an appraiser in this state or in any other state refused, denied, canceled, revoked or surrendered in lieu of revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated;
(b) Enter into any independent contractor arrangements, whether in verbal, written or other form, with any person who has had a license or certificate to act as an appraiser in this state refused, denied, canceled, revoked or surrendered in lieu of a revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated; and
(c) Enter into any contract, agreement or other business relationship relating to the appraisal of real property, whether in verbal, written or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement or other business relationship, whether in verbal, written or any other form, with any person who has ever had a license or certificate to act as an appraiser in this state or in any other state refused, denied, canceled, revoked or surrendered in lieu of revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated.
(2) Each appraisal management company seeking to be registered in this state shall certify to the board upon registration and renewal that it has a system in place to train those who select individual appraisers for real estate appraisal services in the state to ensure that the selectors have appropriate training in placing appraisal assignments. The board cannot require that any person under this subsection meet education requirements required of persons seeking or maintaining a license as an appraiser.
(3) An appraisal management company registered in this state shall not prohibit an independent appraiser that is part of an appraisal panel from recording the fee that the appraiser was paid by the AMC for the performance of the appraisal within the communication of the appraisal.
[54-4127, added 2016, ch. 131, sec. 1, p. 392.]
(1) Before or at the time of placing an assignment with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall verify that the appraiser receiving the assignment meets the competency rule of the uniform standards of professional appraisal practice. An attestation provided by an appraiser that such appraiser is geographically competent within the appraiser’s scope of practice will satisfy an appraisal management company’s responsibility under this subsection.
(2) Except as otherwise provided in this act, an appraisal management company registered in this state pursuant to this act may not enter into any contracts or agreements with an appraiser for the performance of the appraisal in this state unless it verifies that the individual is licensed or certified to perform the appraisal pursuant to the state of Idaho real estate appraiser act. The appraisal management company may verify the status of the appraiser by contacting the board or utilizing the national registry of the appraisal subcommittee.
(3) Each appraisal management company seeking to be registered in this state shall certify to the board upon registration and renewal on a form prescribed by the board that the appraisal management company has a system and process in place to verify that an individual being added to the appraiser panel of the appraisal management company to perform appraisal services in this state holds a current license pursuant to the Idaho real estate appraiser act. The appraisal management company may verify the status of the appraiser by contacting the board or utilizing the national registry of the appraisal subcommittee.
(4) An appraisal management company shall engage only Idaho state certified or Idaho state licensed appraisers for appraisal services for federally related transactions in conformity with any federally related transaction regulations.
(5) Every AMC that engages an appraiser to perform one (1) or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions shall direct appraisers to perform the assignment in accordance with the uniform standards of professional appraisal practice.
[54-4128, added 2016, ch. 131, sec. 1, p. 392.]
Any employee of, or independent contractor to, the appraisal management company that performs an appraisal review shall be licensed or certified in this state or another state; provided that if a value opinion is provided, the person must be licensed in this state. A person performing a review that does not fall under the definition of an appraisal review is not required to be certified or licensed in any state.
[54-4129, added 2016, ch. 131, sec. 1, p. 393.]
Except in cases of breach of contract or substandard performance of services, an appraisal management company shall pay an appraiser for the completion of an appraisal or valuation assignment not later than forty-five (45) days after the date the appraiser provides the completed appraisal or valuation assignment to the company or its assignee unless otherwise agreed to by the parties. An appraiser with an adjudicated claim for fees unpaid for more than forty-five (45) days may assert a claim against the bond or letter of credit required in section 54-4124, Idaho Code.
[54-4130, added 2016, ch. 131, sec. 1, p. 393.]
(1) It shall be a violation of this act for any employee, director, officer or agent of an appraisal management company registered in this state to engage in any act or practice that violates appraisal independence as described in or pursuant to the provisions of this act.
(2) For purposes of subsection (1) of this section, acts or practices that violate appraisal independence shall include:
(a) Any appraisal of a property offered as security for repayment of the consumer credit transaction that is conducted in connection with such transaction in which a person with an interest in the underlying transaction compensates, coerces, extorts, colludes, instructs, induces, bribes or intimidates a person, appraisal management company, firm or other entity conducting or involved in an appraisal, or attempts to compensate, coerce, extort, collude, instruct, induce, bribe, or intimidate such a person, for the purpose of causing the appraisal value assigned, under the appraisal, to the property to be based on any factor other than the independent judgment of the appraiser;
(b) Mischaracterizing, or suborning any mischaracterization of, the appraised value of the property securing the extension of credit;
(c) Seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction; and
(d) Withholding or threatening to withhold timely payment for an appraisal report or for appraisal services rendered when the appraisal report or services are provided for in accordance with the contract between the parties.
(3) The requirements of subsections (1) and (2) of this section shall not be construed as prohibiting an appraisal management company, employee of an appraisal management company, consumer or any other person with an interest in a real estate transaction from asking an appraiser to undertake one (1) or more of the following:
(a) Consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal;
(b) Provide further detail, substantiation or explanation for the appraiser’s consideration in the value conclusion; or
(c) Correct objective errors in the appraisal report.
(4) Any appraisal management company, employee of an appraisal management company or any other person involved in a real estate transaction involving an appraisal in connection with a consumer credit transaction who has a reasonable basis to believe an appraiser is failing to comply with the uniform standards of professional appraisal practice, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct, shall refer the matter to the board.
(5) Every AMC shall establish and comply with processes and controls reasonably designed to ensure that the AMC, in engaging an appraiser, selects an appraiser who is independent of the transaction and who has the requisite education, expertise and experience necessary to competently complete the appraisal assignment for the particular market and property type. Every AMC shall establish and comply with processes and controls reasonably designed to ensure that the AMC conducts its appraisal management services in accordance with the requirements of 15 U.S.C. 1639e (a) through (i), and regulations thereunder.
[54-4131, added 2016, ch. 131, sec. 1, p. 393.]
In addition to the powers conferred elsewhere in this chapter, the board shall have the power under this act, in relation to appraisal management companies, to:
(1) Authorize by written agreement the division of occupational and professional licenses to act as its agent, to act in its interest and, in its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this act;
(2) Adopt, pursuant to the administrative procedure act, rules that are consistent with the provisions of this act and are not in conflict with state or federal law that may be reasonably necessary to implement, administer and enforce the provisions of this act;
(3) Conduct investigations into violations of this act;
(4) Receive applications for and approve registration of appraisal management companies pursuant to the provisions of this act;
(5) Hold meetings and hearings at such times as it may designate;
(6) Collect, deposit and disburse application and other fees and income;
(7) Collect the actual costs and fees, including attorney’s fees, incurred by the board in the investigation and prosecution of an AMC upon the finding of a violation of this act or a rule adopted or an order issued by the board under this act. Provided, however, that the assessment of costs and fees against or in favor of a licensee under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code;
(8) Take such action as may be necessary to enforce the provisions of this act and to regulate appraisal management companies;
(9) Report an AMC’s violation of applicable appraisal-related laws, regulations or orders, as well as disciplinary and enforcement actions or other relevant information about an AMC’s operations to state and federal agencies; and
(10) Require new applicants, owners or designated controlling persons for each new applicant to submit to a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code, and to collect fees from applicants for the cost of such background checks.
[54-4132, added 2016, ch. 131, sec. 1, p. 394; am. 2018, ch. 348, sec. 20, p. 816; am. 2022, ch. 94, sec. 59, p. 321; am. 2024, ch. 101, sec. 18, p. 461.]
The board may, after notice and hearing, censure an appraisal management company, conditionally or unconditionally suspend, revoke or deny the issuance or renewal of any registration or any license issued under this act for violations of this act, appraisal-related laws or rules or orders of the board. The board may, in a final order, levy fines or impose civil penalties not to exceed two thousand five hundred dollars ($2,500) for each violation if the board finds an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:
(1) Any act in violation of this act;
(2) A material violation of any rule or order adopted by the board; or
(3) Procuring a registration or the renewal of a registration for itself or any other person by making a false statement, submitting false information or refusing to provide complete information in response to a question in an application.
[54-4133, added 2016, ch. 131, sec. 1, p. 395; am. 2026, ch. 221, sec. 97, p. 978.]
(1) The board shall collect from each AMC registered or seeking to be registered in this state the information that the appraisal subcommittee requires to be submitted to it by the state pursuant to regulations or guidance promulgated by the appraisal subcommittee.
(2) A federally regulated AMC operating in this state shall report to the board the information required to be submitted by the state to the appraisal subcommittee, pursuant to the appraisal subcommittee’s policies regarding the determination of the AMC national registry fee. These reports shall include:
(a) A report to the board in a form prescribed by the board of the intent of the federally regulated AMC to operate in this state;
(b) Information related to whether the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for a substantive cause, as determined by the appraisal subcommittee; and
(c) If such person has had such action taken on his appraisal license, the board shall collect information related to whether the license was revoked for a substantive cause and if it has been reinstated by the state or states in which the appraiser was licensed.
[54-4134, added 2016, ch. 131, sec. 1, p. 395.]
This chapter shall be known and may be cited as the "Idaho Residential Care Facility Administrators Act."
[54-4201, added 1990, ch. 304, sec. 1, p. 834; am. 2000, ch. 274, sec. 133, p. 870; am. 2003, ch. 201, sec. 4, p. 532.]
As used in this chapter:
(1) "Board" means the board of examiners of residential care facility administrators of the state of Idaho.
(2) "Examiner" means a member of the board of examiners of residential care facility administrators of the state of Idaho.
(3) "Executive secretary" means the secretary of the board of examiners of residential care facility administrators of the state of Idaho.
(4) "Practice of residential care facility administration" means that planning, organizing, directing and control of the operation of a residential care facility.
(5) "Provisional permit" means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter.
(6) "Provisional residential care facility administrator" means an individual who has been issued a permit as such under the provisions of this chapter.
(7) "Residential care facility" means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more elderly, developmentally disabled, physically disabled and/or mentally ill adults not related to the owner.
(8) "Residential care facility administrator" means any individual responsible for planning, organizing, directing and controlling the operation of a residential care facility, or who in fact performs such functions, whether or not such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.
[54-4202, added 1990, ch. 304, sec. 1, p. 834; am. 2000, ch. 274, sec. 134, p. 870; am. 2003, ch. 201, sec. 5, p. 532.]
Effective July 1, 1991, no residential care facility in the state shall be operated unless it is under the supervision of a person who holds a currently valid residential care facility administrator’s license, or provisional permit, issued pursuant to this chapter. No person shall practice or offer to practice residential care facility administration in this state or use any title, sign, card or device to indicate that he is a residential care facility administrator unless such person is duly licensed or holds a current provisional permit as required by this chapter.
[54-4203, added 1990, ch. 304, sec. 1, p. 835; am. 2000, ch. 274, sec. 135, p. 871; am. 2003, ch. 201, sec. 6, p. 532.]
(1) There is hereby created in the division of occupational and professional licenses a board of examiners of residential care facility administrators that shall consist of five (5) members and be composed of two (2) residential care facility administrators, duly licensed and registered under this chapter, one (1) member shall be selected from any other profession or agency or institution concerned with the care of persons requiring assistance with the daily activities of living, one (1) licensed nurse from the nursing profession and one (1) member representative of the public at large; but no more than two (2) of the members of the board shall be officials or full-time employees of state or local governments. All members of the board shall be citizens of the United States or shall have declared their intent to become citizens of the United States and shall be residents of this state.
(2) The term of office for each member of the board shall be three (3) years, and all board members shall serve at the pleasure of the governor.
(3) (a) Appointments to the board shall be made by the governor who may consider recommendations for appointment to the board from any organized and generally recognized group concerned with residential care facility administration and from any individual residing in this state. Each member of the board shall hold office until his successor is duly appointed and qualified. Dismissals shall be by the governor, for reasonable cause.
(b) Members of the board shall be compensated as provided in section 59-509(l), Idaho Code.
(4) The board shall elect annually from its membership a chairman and vice chairman. The board shall hold two (2) or more meetings each year. A majority of the board membership shall constitute a quorum.
(5) The board shall exercise its powers and perform its duties and functions specified by this chapter.
(6) The board may, by written agreement, authorize the division of occupational and professional licenses, or other appropriate body as provided by law, as agent to act in its interest.
[54-4204, added 1990, ch. 304, sec. 1, p. 835; am. 2000, ch. 274, sec. 136, p. 871; am. 2003, ch. 201, sec. 7, p. 533; am. 2011, ch. 77, sec. 1, p. 162; am. 2016, ch. 340, sec. 41, p. 961; am. 2021, ch. 222, sec. 34, p. 647.]
(1) It shall be the functions and duties of such board to:
(a) Develop, impose and enforce standards consistent with this chapter which shall be met by individuals in order to receive and retain a license or permit as a residential care facility administrator. Such standards shall be designed to ensure that residential care facility administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as residential care facility administrators;
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
(c) Issue licenses and permits to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses and permits previously issued by the board in any case where the individual holding any such license or permit is determined to have violated the provisions of this chapter;
(d) Establish and carry out procedures designed to ensure that individuals licensed as residential care facility administrators will, during any period that they serve as such, comply with the requirements of such standards;
(e) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board charging that any individual licensed as a residential care facility administrator has failed to comply with the requirements of such standards;
(f) Conduct a continuing study and investigation of residential care facility administrators to improve the standards imposed in order to obtain a license or a permit and to improve the procedures and methods for the enforcement of such standards with respect to those who have obtained a license or a permit;
(g) The board shall establish by rule a fee schedule not to exceed two hundred dollars ($200) each for applications for licenses, provisional permits, renewal per year and applications for endorsement of a license issued by the proper authorities in another state.
(2) The board or any committee or member thereof or any hearing officer designated by such board, acting in an official capacity, shall have powers and duties as provided by law. Such board shall not be bound by the strict rules of evidence in the conduct of its proceedings but any determinations made shall be founded upon sufficient legal evidence to sustain them.
(3) The board shall also have the authority to make rules not inconsistent with law as may be necessary for the proper performance of its duties.
(4) The board shall have the authority to adopt a code of ethics for residential care facility administrators in the state which shall be adopted in compliance with chapter 52, title 67, Idaho Code.
[54-4205, added 1990, ch. 304, sec. 1, p. 836; am. 2000, ch. 274, sec. 137, p. 872; am. 2003, ch. 201, sec. 8, p. 534; am. 2007, ch. 134, sec. 1, p. 393; am. 2024, ch. 86, sec. 39, p. 414.]
(1) The board shall admit to the examination for licensure as a residential care facility administrator any candidate who submits the required application, pays a fee as determined by the board, has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and is at least twenty-one (21) years old; and
(2) Each applicant shall submit evidence satisfactory to the board that he has successfully completed specialized courses or a program of study in the area of residential care facility administration as required and approved by the rules of the board; and
(3) Each applicant shall meet one (1) of the following combinations of education and experience:
(a) A high school diploma or equivalent and eight hundred (800) hours of on-site experience in a residential care facility under the supervision of a licensed administrator;
(b) An associate degree from an accredited college or university or equivalent and four hundred (400) hours of on-site experience in a residential care facility under the supervision of a licensed administrator; or
(c) A bachelor’s degree from an accredited college or university and two hundred (200) hours of on-site experience in a residential care facility under the supervision of a licensed administrator.
(4) A candidate who applies for examination under and pursuant to this section, but who does not otherwise meet the experience requirements provided for in subsection (3) of this section, may submit evidence satisfactory to the board that such applicant has satisfactory practical experience obtained in an internship training program in residential care facility administration as approved by the board or in a medical or health care facility as approved by the board.
[54-4206, added 1990, ch. 304, sec. 1, p. 837; am. 2000, ch. 274, sec. 138, p. 873; am. 2003, ch. 201, sec. 9, p. 535; am. 2011, ch. 92, sec. 1, p. 201; am. 2022, ch. 246, sec. 32, p. 808.]
(1) The board shall determine the subjects of examinations for applicants for licensure and the scope, content, and format of such examinations. The board may approve more than one (1) examination to qualify an applicant for licensure. The examination, or examinations, of an applicant for licensure shall demonstrate an applicant’s proficiency in the practice of, and knowledge of, applicable rules of health and safety within the state.
(2) Examinations shall be held at least semiannually at such times and places as the board shall designate.
[54-4207, added 1990, ch. 304, sec. 1, p. 837; am. 2000, ch. 274, sec. 139, p. 874; am. 2003, ch. 201, sec. 10, p. 536; am. 2008, ch. 93, sec. 1, p. 258.]
License renewal and reinstatement shall be as set forth in section 67-2614, Idaho Code.
[54-4209, added 1990, ch. 304, sec. 1, p. 838; am. 2000, ch. 274, sec. 141, p. 875; am. 2003, ch. 21, sec. 20, p. 89; am. 2003, ch. 201, sec. 12, p. 537; am. 2016, ch. 124, sec. 2, p. 358.]
The board, in its discretion, and otherwise subject to the provisions of this chapter and the rules of the board may endorse a residential care facility administrator license issued by the proper authorities of any other state upon payment of a fee and upon submission of evidence meeting such requirements as are established by the rules of the board.
[54-4210, added 1990, ch. 304, sec. 1, p. 839; am. 2000, ch. 274, sec. 142, p. 876; am. 2001, ch. 24, sec. 1, p. 29; am. 2003, ch. 201, sec. 13, p. 538.]
(1) Pending issuance of a license, the board may issue a provisional permit for a period not exceeding three (3) months, without an examination to an applicant who files a written application for a provisional permit and who is otherwise qualified and meets the requirements of either section 54-4206(2) or (3), Idaho Code, and is applying to fill a vacancy on an emergency basis.
(2) Any individual who holds a valid Idaho nursing home administrator’s license and is in good standing according to the provisions of chapter 16, title 54, Idaho Code, may be deemed to meet the requirements for issuance of a residential care facility administrator’s license and may be issued one, upon application and payment of appropriate fees.
[54-4211, added 1990, ch. 304, sec. 1, p. 840; am. 2000, ch. 274, sec. 143, p. 876; am. 2003, ch. 201, sec. 14, p. 538; am. 2006, ch. 125, sec. 2, p. 360; am. 2012, ch. 168, sec. 1, p. 448.]
(1) It shall be a misdemeanor for any person to:
(a) Sell or fraudulently obtain or furnish any license or aid or abet therein; or
(b) Practice as a residential care facility administrator under cover of any license or permit illegally or fraudulently obtained or unlawfully issued; or
(c) Practice as a residential care facility administrator or use in connection with his or her name any designation tending to imply that he or she is a residential care facility administrator unless duly licensed and registered to so practice under the provisions of this chapter; or
(d) Practice as a residential care facility administrator during the time his or her license or permit issued under the provisions of this chapter shall be suspended or revoked; or
(e) Otherwise violate any of the provisions of this chapter.
(2) Such misdemeanor shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.
[54-4212, added 1990, ch. 304, sec. 1, p. 840; am. 2000, ch. 274, sec. 144, p. 877; am. 2003, ch. 201, sec. 15, p. 539.]
(1) The board may revoke or suspend, or refuse to renew, or refuse to issue, any license or permit issued under the provisions of this chapter, or may reprimand, censure or otherwise discipline the holder of a license or permit in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(a) Upon proof that such licensee is reasonably unfit to operate a residential care facility;
(b) Upon proof of the willful or repeated violation of any of the provisions of this chapter or the rules enacted in accordance with, or of willful or repeated actions in a manner inconsistent with the health and safety of patients;
(c) Upon proof that such licensee has committed fraud or deceit in the practice of residential care facility administration or related activities or in the licensee’s admission to such practice;
(d) Upon proof that such licensee has permitted the unauthorized disclosure of information relating to a resident in the residential care facility under the administration of the licensee;
(e) Conviction of, pleading guilty or nolo contendere to, or receiving a withheld judgment of, a felony or any crime involving dishonesty or the health or safety of a person;
(f) Upon proof that the administrator had a license to practice a health care profession or occupation in another state or jurisdiction and such license was suspended or revoked or the administrator has otherwise been disciplined.
(2) The board, or a hearing officer designated by it, shall have jurisdiction to hear all charges brought under the provisions of this section against residential care facility administrators, or provisional residential care facility administrators, and upon such hearings shall determine such charges upon their merits.
(3) Proceedings under this section shall be initiated by filing with the board, charges in writing and under oath. The board on its own motion may conduct an investigation and initiate charges. The procedures for notification and the hearing on such charges, unless dismissed by the board as unfounded or trivial, shall be conducted pursuant to the provisions of chapter 52, title 67, Idaho Code.
[54-4213, added 1990, ch. 304, sec. 1, p. 840; am. 1993, ch. 216, sec. 92, p. 663; am. 2000, ch. 274, sec. 145, p. 877; am. 2003, ch. 201, sec. 16, p. 539; am. 2006, ch. 125, sec. 3, p. 361.]
(1) The board may, in its discretion, reissue a license or permit to any person whose license or permit has been revoked.
(2) Application for the reissuance of a license or permit shall be made in such manner as the board may direct in accordance with its rules.
[54-4214, added 1990, ch. 304, sec. 1, p. 841; am. 2003, ch. 201, sec. 17, p. 540.]
Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[54-4215, added 1990, ch. 304, sec. 1, p. 841; am. 1993, ch. 216, sec. 93, p. 664.]
All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.
[54-4216, added 1990, ch. 304, sec. 1, p. 841; am. 2021, ch. 224, sec. 69, p. 687.]
This act shall be known and may be cited as the "Respiratory Care Practice Act."
[54-4301, added 2021, ch. 21, sec. 2, p. 54.]
To promote the highest degree of professional conduct on the part of persons providing respiratory care to the public and to assure the availability of respiratory care services of high quality to persons in need of such services, it is the intent of the legislature to provide for the licensure and regulation of persons offering respiratory care services to the public.
[54-4302, added 2021, ch. 21, sec. 2, p. 55.]
As used in this chapter:
(1) "Allied health advisory board" means the Idaho allied health advisory board established pursuant to chapter 1, title 54, Idaho Code.
(2) "Board" means the state board of medicine.
(3) "Certified respiratory therapist" or "CRT" means the professional designation earned by a person who has successfully completed the entry level examination required by the board.
(4) "Polysomnographic technician" means a person who holds a permit and meets requirements as set forth in section 54-4307, Idaho Code.
(5) "Polysomnographic technologist" means a person who holds a permit and meets requirements as set forth in section 54-4307, Idaho Code.
(6) "Polysomnography" means the process of analysis, attended monitoring, and recording of physiologic data during sleep and wakefulness to assist in the assessment and diagnosis of sleep/wake disorders and other disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep/wake cycles and activities.
(7) "Polysomnography-related respiratory care services" means the limited practice of respiratory care in the provision of polysomnography services.
(8) "Practice of respiratory care" means the provision of cardiopulmonary care services as directed by a qualified health care practitioner licensed in the state, including but not limited to the diagnostic and therapeutic use of the following:
(a) Except for the purpose of anesthesia, administration of medical gases, aerosols, and humidification;
(b) Environmental control mechanisms and hyperbaric therapy;
(c) Pharmacologic agents related to respiratory care procedures;
(d) Mechanical or physiological ventilatory support;
(e) Bronchopulmonary hygiene;
(f) Cardiopulmonary resuscitation;
(g) Maintenance of artificial airways;
(h) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurement of ventilatory volumes, pressures, and flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions, and pulmonary functioning testing;
(i) Hemodynamic and other related physiologic measurements of the cardiopulmonary system;
(j) Accepting and carrying out a practitioner’s written, verbal, or telephonic prescription or order specifically relating to respiratory care in a hospital or other health care setting; and
(k) Functioning in situations of patient contact requiring individual judgment in administering respiratory care under the general supervision of a qualified practitioner.
(9) "Registered respiratory therapist" or "RRT" means the professional designation earned by a person who has successfully completed the written registry and clinical simulation examinations administered by the national board for respiratory care.
(10) "Respiratory care" means the treatment, management, diagnostic testing, monitoring, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system.
(11) "Respiratory care practitioner" means a person who has been issued a license or permit by the board under the provisions of this chapter to practice respiratory care under the general supervision of a licensed physician or other authorized licensed health care professional.
(12) "Sleep disorder center or laboratory" means a facility for sleep-related disorders that provides polysomnography and is under the supervision of a physician or medical director licensed in the state of Idaho.
(13) "Written registry and clinical simulation examinations" means the certification examinations administered by a board-approved national accrediting organization.
[54-4303, added 2021, ch. 21, sec. 2, p. 55; am. 2024, ch. 61, sec. 24, p. 299.]
In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.
[54-4305, added 2024, ch. 61, sec. 27, p. 301.]
(1) Except as otherwise provided in this chapter, it shall be unlawful for any person to practice or offer to practice respiratory care or polysomnography-related respiratory care or for a person or entity to represent a person to be a respiratory care or polysomnography-related respiratory care practitioner unless such person is licensed or holds a valid permit under the provisions of this chapter or is exempt from the requirements of this chapter.
(2) The board may issue provisional licenses or permits to graduates of approved respiratory care or polysomnography-related respiratory care education programs seeking to qualify for licensure pursuant to this chapter. Provisional licenses and permits shall be issued upon such terms and conditions as the board may determine necessary to ensure safe and qualified performance of respiratory care or polysomnography-related respiratory care functions. The issuance of a provisional license or permit shall be as set forth in this chapter and pursuant to board rule.
[54-4306, added 2021, ch. 21, sec. 2, p. 57.]
(1) Only persons who are licensed as respiratory care practitioners or who are exempt from licensure pursuant to section 54-4312, Idaho Code, or who hold a permit issued by the board pursuant to the provisions of this chapter may provide polysomnography-related respiratory care services.
(2) An applicant for a permit to provide polysomnography-related respiratory care services must:
(a) Submit an application to the board on forms prescribed by the board and pay the permit fee required pursuant to this chapter;
(b) Not have been convicted of an offense or disciplined by a licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the provision of polysomnography-related respiratory care services;
(c) Be a high school graduate, have graduated from a nonpublic school, or have passed a general educational development (GED) examination and earned a GED certificate; and
(d) Be currently certified in cardiopulmonary resuscitation.
(3) A polysomnographic technologist applicant must have successfully completed the certification examination approved by the board.
(4) A polysomnographic technician applicant must have successfully completed a polysomnography program of not less than one (1) year duration, associated with a nationally accredited educational facility.
[54-4307, added 2021, ch. 21, sec. 2, p. 57; am. 2026, ch. 135, sec. 14, p. 642.]
(1) A person who meets the requirements for licensure under the provisions of this section and who is not exempt from the requirements of this chapter pursuant to section 54-4312, Idaho Code, shall apply to the allied health advisory board for the issuance of a license. The completed application shall be on a form provided by the board.
(2) The board shall issue a license to an applicant if the applicant makes a satisfactory showing to the allied health advisory board that he has:
(a) Not been convicted of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Not been subjected to disciplinary action in any state or territory of the United States or in any foreign country arising from a showing of gross negligence or intentional misconduct directly related to the provision of respiratory care; and
(c) Successfully received respiratory care credentialing by a board-approved national accrediting organization.
[54-4308, added 2021, ch. 21, sec. 2, p. 57; am. 2024, ch. 61, sec. 28, p. 301.]
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fees. The board may, in its discretion, by rule or regulation, provide for the proration of fees charged in conjunction with the initial application by a person for a license if such license shall, upon issuance, remain valid for less than one (1) full calendar year before the required renewal date as provided for in section 54-4310, Idaho Code.
[54-4309, added 2021, ch. 21, sec. 2, p. 58.]
(1) A license or permit issued under the provisions of this chapter shall be subject to renewal every two (2) years and shall expire unless renewed in the manner prescribed by the rules for licensing and permitting related to respiratory care upon payment of a renewal fee.
(2) Each individual applicant for renewal of an active license shall, on or before the expiration of the license, submit satisfactory proof to the licensing board of successful completion of no fewer than twelve (12) hours of board-approved continuing education in addition to any other requirements for renewal.
(3) Upon application, the board shall grant inactive status to the holder of a license who does not practice or provide respiratory care.
(4) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license and examination fee;
(b) Renewal of license fee;
(c) Inactive license fee; and
(d) Provisional license or permit fee.
(5) No license that has been expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-4308, Idaho Code, for obtaining an initial license.
[54-4310, added 2021, ch. 21, sec. 2, p. 58; am. 2024, ch. 61, sec. 29, p. 301; am. 2024, ch. 86, sec. 40, p. 414.]
Subject to the provisions of chapter 52, title 67, Idaho Code, the board may deny a license or permit or refuse to renew a license or permit, may suspend or revoke a license or permit, or may impose probationary conditions if the holder of a license or permit or applicant for a license or permit has been found guilty of conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Such conduct includes but is not limited to:
(1) Obtaining a license or permit by means of fraud, misrepresentation, or concealment of material facts;
(2) Violating any of the grounds for discipline set forth in the rules established by the board;
(3) Being convicted of a crime that would have a direct and adverse bearing on the licensee’s or permit holder’s ability to practice or perform respiratory care competently;
(4) The unauthorized practice of medicine;
(5) Violating any provision of this chapter or any of the rules and regulations promulgated by the board under the authority of this chapter; or
(6) Being found mentally incompetent by a court of competent jurisdiction or being found mentally incompetent or unfit by the board to provide respiratory care.
[54-4311, added 2021, ch. 21, sec. 2, p. 58; am. 2026, ch. 221, sec. 24, p. 952.]
(1) Nothing in this chapter is to be construed as preventing or restricting the performance of respiratory care or requiring licensure or a permit pursuant to this chapter:
(a) Of any person authorized in this state under any other law who carries out only those professional duties and functions for which such person has been specifically trained and for which professional designations are conferred;
(b) Of certified pulmonary function technologists and registered pulmonary function technologists who carry out only those professional duties and functions for which such persons have been specifically trained and for which such professional designations are conferred;
(c) Of any person employed as a respiratory therapist by the government of the United States or any agency thereof if such person practices or provides respiratory care solely under the direction or control of the organization by which such person is employed;
(d) Of any person actively pursuing in good faith a full-time supervised course of study leading to a degree or certificate in respiratory care in an American medical association accredited or approved educational program, or the equivalent as determined by the board, where the practice or provision of respiratory care by such person is supervised by a respiratory care practitioner or by a licensed physician;
(e) Of any person performing respiratory care in the state for purposes of continuing education, consulting, or training, if these services are performed for no more than thirty (30) days in a calendar year in association with a respiratory care practitioner licensed under this chapter or in association with a licensed physician, if:
(i) The person is licensed as a respiratory care practitioner or the equivalent, as determined by the board, in good standing in another state or the District of Columbia or in a territory of the United States; or
(ii) The person is a certified respiratory therapist or registered respiratory therapist; or
(f) Of any person who administers cardiopulmonary resuscitation in an emergency situation.
(2) A person claiming an exemption under subsection (1)(c) or (1)(e) of this section shall apply for a license or a permit as provided for in this chapter in the event the facts upon which such claim for exemption is based change or cease to exist eliminating the grounds for such claim for exemption. Such application shall be filed with the board as soon as possible after the loss of the claim to exemption but no later than thirty (30) calendar days after the right to the exemption ceases. Such person may practice or perform respiratory care after the loss of such exemption and prior to application for or issuance by the board of a license or permit only under the direct supervision of a respiratory care practitioner or a licensed physician.
(3) A person claiming exemption under the provisions of subsection (1)(d) of this section shall cease to be eligible for such exemption if such person ceases to actively pursue the required course of study for a period of time in excess of one hundred twenty (120) consecutive calendar days and immediately upon receipt of the degree or certificate for which such person pursued the course of study.
(4) The burden of proving the existence of facts entitling a person to an exemption under this section shall be upon the person claiming the exemption.
(5) The provisions of this chapter shall not prohibit hospitals from employing individuals to provide respiratory care services who are exempt from the licensing requirements of this chapter. The provisions of this chapter shall not prohibit any hospital from training qualified personnel to provide respiratory care if the trainee would be exempt under subsection (1)(a) or (1)(d) of this section, provided that said training and respiratory care services are done under the supervision of a licensed physician or a respiratory care practitioner.
[54-4312, added 2021, ch. 21, sec. 2, p. 59.]
Any person who falsely holds himself out as a respiratory care practitioner shall be guilty of using a method, act, or practice that is declared to be unlawful as provided in chapter 6, title 48, Idaho Code.
[54-4313, added 2021, ch. 21, sec. 2, p. 60; am. 2026, ch. 221, sec. 98, p. 978.]
Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
[54-4314, added 2021, ch. 21, sec. 2, p. 60.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[54-4315, added 2021, ch. 21, sec. 2, p. 60.]
As used in this chapter:
(1) "Board" means:
(a) The state board of chiropractic physicians as established in chapter 7, title 54, Idaho Code;
(b) The state board of dentistry as established in chapter 9, title 54, Idaho Code;
(c) The state board of nursing as established in chapter 14, title 54, Idaho Code;
(d) The state board of optometry as established in chapter 15, title 54, Idaho Code;
(e) The state board of pharmacy as established in chapter 17, title 54, Idaho Code;
(f) The state board of medicine as established in chapter 18, title 54, Idaho Code;
(g) The board of veterinary medicine as established in chapter 21, title 54, Idaho Code;
(h) The Idaho state board of psychologist examiners as established in chapter 23, title 54, Idaho Code;
(i) The state board of social work examiners as established in chapter 32, title 54, Idaho Code;
(j) The Idaho state counselor licensing board as established in chapter 34, title 54, Idaho Code; and
(k) Any health care related board granted licensing authority by the legislature after July 1, 1993.
(2) "Peer assistance entity" means an organization, a program, a committee or a professional association that is designed to address any or all of the following issues affecting practitioners of the health care professions: chemical dependency and/or impairment; psychological impairment; and mental or physical impairment.
[54-4401, added 1993, ch. 73, sec. 1, p. 194; am. 2026, ch. 217, sec. 5, p. 909.]
(1) The board may enter into agreements with peer assistance entities to undertake those functions and responsibilities specified in the agreements which assist the board in performing its duties, implementing disciplinary actions or sanctions, and in addressing potential or confirmed problems of chemical dependency and/or impairment, psychological impairment, and mental or physical impairment affecting board licentiates.
(2) To fund the activities of a peer assistance entity as specified and undertaken under an agreement, the board may annually allocate to the entity a portion of each licentiate registration, certification or licensure fee, or any portion of additional funds available to the board from other sources.
(3) In addition to any other fees or professional dues imposed by the board, the board may make a peer assistance special assessment of not more than fifty dollars ($50.00) per year to fund the activities of a peer assistance entity. If a board has a statutorily established limit on the amount of professional dues or fees it can assess its licensees, the peer assistance special assessment shall not be included in the total amount of professional dues or fees assessed by a board for such statutory limitation purposes.
(4) Pursuant to chapter 52, title 67, Idaho Code, the board may adopt rules and regulations necessary for the administration of a peer assistance entity program.
[54-4402, added 1993, ch. 73, sec. 1, p. 195.]
Except as provided in sections 54-4406 and 54-4407, Idaho Code:
(1) The records and proceedings of a peer assistance entity which could be used to identify or provide information regarding individual past or present participants in a peer assistance entity program are not subject to subpoena or discovery and are not admissible as evidence in an administrative proceeding or a criminal or civil action.
(2) Members of the board of directors of a peer assistance entity, and employees, contractors and past or present participants in a peer assistance entity program may not be compelled to testify before any agency, board or court with respect to the peer assistance entity’s records and proceedings regarding a past or current peer assistance entity program participant nor shall they disclose information or be examined regarding any past or current participant in a peer assistance entity program if that information was obtained as a result of performing duties within his regular scope of functions for the peer assistance entity program, or as a program participant.
(3) Records regarding a participant shall be released if a properly completed release form signed by the participant is submitted.
[54-4403, added 1993, ch. 73, sec. 1, p. 196.]
There shall be no liability on the part of and no action for damages against:
(1) Any board member, employee or contractor of a peer assistance entity for any action undertaken or performed by such person within the scope of the functions of such peer assistance entity under this chapter when acting without malice and in the reasonable belief that the action taken by him is warranted; or
(2) Any person providing information to the peer assistance entity without malice in the reasonable belief that such information is accurate.
[54-4404, added 1993, ch. 73, sec. 1, p. 196.]
Pursuant to the provisions of chapter 52, title 67, Idaho Code, the division of occupational and professional licenses may promulgate such rules as are necessary to properly administer the addition of health care related boards as provided in section 54-4401, Idaho Code.
[54-4405, added 1993, ch. 73, sec. 1, p. 196; am. 2022, ch. 94, sec. 60, p. 322.]
(1) In addition to or in lieu of any disciplinary action, the board may refer a licensee who is chemically dependent or physically or psychologically impaired to a peer assistance entity.
(2) The peer assistance entity shall report to the board and provide all pertinent information concerning any licensee who is referred to the peer assistance entity under subsection (1) of this section.
[54-4406, added 1993, ch. 73, sec. 1, p. 196.]
(1) The legislature recognizes that confidentiality is essential to obtaining maximum disclosure from impaired health care professionals; such disclosure is vital to the success of the peer assistance process. It is also recognized that the public must be protected from health care professionals who continue to practice in an impaired state.
(2) If the peer assistance entity reasonably believes that a health care professional continues to practice in an impaired state after entering into the peer assistance entity’s program and despite the peer assistance entity’s recommendations for treatment or modification of practice to remove risk to the public from the effects of the impairment, the peer assistance entity shall immediately notify the appropriate board regarding the impaired health care professional and provide all documentation relevant to substantiate the impaired practice. Similarly, if the licensing board reasonably believes that a health care professional continues to practice in an impaired state, it can require the peer assistance entity to provide all documentation available on the current ability to practice of the individual. Information that does not deal directly with the professional ability to practice will remain privileged.
(3) The board shall have access to financial and administrative records necessary to determine contract compliance and to reports regarding aggregate statistical information; provided, information released pursuant to this subsection shall not contain data which could be used to specifically identify past or present peer assistance program participants.
(4) The board shall have the authority to use any documentation or information supplied to it from a peer assistance entity pursuant to this section or section 54-4406, Idaho Code, as it deems necessary and which is consistent with applicable Idaho law.
(5) Nothing in this chapter shall be deemed to supersede any duty to report under chapter 19, title 6, or section 16-1605 or 16-1606, Idaho Code.
[54-4407, added 1993, ch. 73, sec. 1, p. 196; am. 2005, ch. 391, sec. 58, p. 1314.]
The provisions of this chapter shall be known and may be cited as the "Public Works Construction Management Licensing Act of 1998."
[54-4501, added 1998, ch. 410, sec. 1, p. 1267.]
In order to protect the public welfare and to promote the highest degree of professional conduct on the part of persons providing construction management services, the provisions of this chapter provide for the licensure of individuals and regulation of persons providing construction management services for public works projects.
[54-4502, added 1998, ch. 410, sec. 1, p. 1267.]
As used in this chapter:
(1) "Administrator" means the administrator of the Idaho division of occupational and professional licenses.
(2) "Applicant" means an individual who applies for a license or interim license pursuant to the provisions of this chapter.
(3) "Board" means the public works contractors license board established in section 54-1905, Idaho Code.
(4) "Certificate of authority" means a certificate issued by the division of occupational and professional licenses authorizing a firm to provide or hold itself out as providing construction manager services. A certificate of authority shall serve as verification by the division that one (1) or more principals or employees of the firm are licensed construction managers in good standing and that the firm meets such other reasonable criteria established by the board. The licensed construction manager associated with a firm shall accept the responsibility and duty to directly supervise the provision of construction management services by the firm.
(5) "Construction manager" means an individual who performs construction management services.
(6) "Construction management services" means representation of an owner in public works construction by a person with substantial discretion and authority to plan including scheduling, estimating and approval, coordinate, manage or direct phases of a project for the construction, demolition, alteration, repair or reconstruction of any public work. This definition shall not include services for which the laws of this state require a person to be licensed as an architect or registered as a professional engineer, nor shall it include services traditionally and customarily provided by licensed architects or registered professional engineers. This definition shall not apply to highway, road or other transportation projects.
(7) "Firm" means any business organization, including individuals, partnerships, corporations, associations or any combination thereof acting as a unit.
(8) "Hold itself out" or "holding oneself or one’s firm out" or "offer" means the representation by a person that the person possesses a valid construction manager license issued pursuant to the provisions of this chapter authorizing that person to provide construction management services. "Hold itself out" or "holding oneself or one’s firm out" or "offer" shall include, but not be limited to, the following acts:
(a) Advertising to provide construction management services on public works construction projects;
(b) Submitting responses to requests for qualifications for construction management services on public works construction projects; and
(c) Submitting proposals, quotes or bids to perform construction management services on public works construction projects.
(9) "Licensure" means the issuance of a license to an applicant under the provisions of this chapter authorizing such individual to offer and perform construction management services.
(10) "Person" includes an individual, partnership, corporation, association or other organization.
[54-4503, added 1998, ch. 410, sec. 1, p. 1267; am. 2005, ch. 213, sec. 33, p. 666; am. 2014, ch. 132, sec. 1, p. 367; am. 2017, ch. 122, sec. 1, p. 287; am. 2023, ch. 15, sec. 63, p. 109.]
(1) Except as otherwise provided herein, on and after the effective date of this chapter, it shall be unlawful for any person to act as a construction manager in public works construction or to practice or perform or offer to perform construction management services in public works construction unless such offer is made by or such construction management services are performed by or under the direct supervision of a licensed construction manager.
(2) Only an individual may be licensed as a construction manager. No firm may provide or hold itself out as providing or currently able to provide construction management services unless it holds a certificate of authority issued by the administrator pursuant to section 54-4509, Idaho Code.
(3) Construction management services provided by a firm must be provided under the direct supervision and control of a licensed construction manager who is a principal or employee of the firm.
(4) An employee of an owner for which public works construction management services are to be performed shall not be required to obtain a license under this chapter in order to provide such services for his employer.
(5) A licensed architect, registered landscape architect or registered professional engineer shall not be required to obtain a license under this chapter in order to provide services for which the laws of this state require a person to be licensed as an architect, registered landscape architect or registered as a professional engineer or to provide services traditionally and customarily provided by licensed architects, registered landscape architects or registered professional engineers. Provided however, that such services shall not include the procurement of equipment or construction work required by law to be competitively bid for public works construction.
[54-4504, added 1998, ch. 410, sec. 1, p. 1268; am. 2017, ch. 122, sec. 2, p. 288.]
(1) Any individual who wishes to become licensed as a construction manager shall make written application to the administrator on such forms or in such manner as the administrator may prescribe. Each applicant shall provide such proof as the administrator may require that he:
(a) Has a bachelor’s degree in architecture, engineering or construction management from a college or university that has an educational program in architecture, engineering or construction management, as the case may be, accredited by a nationally recognized accrediting organization and that he has a minimum of four (4) years’ experience in managing construction projects; or
(b) Has a minimum of five (5) years’ experience in managing construction projects.
(2) If the administrator finds that the applicant meets the requirements for licensure set forth in subsection (1) of this section, he shall administer an examination to the applicant, which examination shall be offered at least once each year. The examination shall test the applicant’s knowledge and proficiency in construction management issues, including health, environmental and safety regulations, interpretation of construction contracts, financing, scheduling and project administration for construction projects. The administrator shall establish a fee for administering the examination to each applicant which must be paid before the applicant may sit for the examination.
(3) An applicant who demonstrates knowledge and proficiency of construction management by virtue of passing the examination shall, upon the payment of an appropriate fee, be issued a license authorizing that individual to provide construction management services.
[54-4505, added 1998, ch. 410, sec. 1, p. 1268; am. 2017, ch. 122, sec. 3, p. 288.]
(1) The administrator may issue a temporary license for a period not to exceed one (1) year to an applicant who provides satisfactory proof of possession of a valid construction manager’s license issued by another state pursuant to requirements substantially similar to those set forth in section 54-4505, Idaho Code.
(2) Temporary licenses may not be renewed nor their terms extended beyond the period set forth in this section.
[54-4506, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 4, p. 289.]
(1) Each construction management license issued under the terms of this chapter shall expire and become invalid one (1) year after issuance unless renewed in the manner prescribed by the board.
(2) Upon application, the administrator may grant inactive status to the holder of a license who is no longer actively providing construction management services.
(3) The board may provide for reinstatement of an expired or inactive license upon such terms as it may determine by rule.
[54-4507, added 1998, ch. 410, sec. 1, p. 1269; am. 2017, ch. 122, sec. 5, p. 289.]
(1) The administrator shall have the authority to deny or refuse to renew a license or certificate of authority, defer or precondition licensure, suspend or revoke a license, impose an administrative fine not to exceed twenty thousand dollars ($20,000) per violation, impose the administrative costs of bringing the action before the board including, but not limited to, hearing officer fees, expert witness fees, attorney’s fees, costs of hearing transcripts and copies, or impose probationary conditions on a person or the holder of a license or certificate of authority, upon the following grounds:
(a) Fraud or deception in the procurement of a license or certificate of authority or in the taking of an examination required under the provisions of this chapter;
(b) Incompetence in the performance of a construction manager’s duties;
(c) Holding oneself or one’s firm out as a construction manager by engaging in any act meeting the definition or character of a construction manager as defined herein without a legally required license;
(d) Fraud or deceit in the performance of a construction manager’s duties; or
(e) Willful violation of the provisions of this chapter or the rules promulgated by the board.
(2) Proceedings that may result in the suspension or revocation of a license or certificate of authority, or the imposition of probationary or other disciplinary conditions on the holder of a license or certificate of authority, shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code; provided however, that the suspension of a certificate of authority, upon the notification by its holder that the construction manager it has designated to the administrator no longer is a principal or employee of the firm, shall not be required to be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.
(3) The board may, by rule, provide for the reinstatement of suspended or revoked licenses upon such terms as it may impose.
[54-4508, added 1998, ch. 410, sec. 1, p. 1270; am. 2000, ch. 318, sec. 3, p. 1075; am. 2005, ch. 213, sec. 34, p. 667; am. 2017, ch. 122, sec. 6, p. 290.]
(1) No firm shall provide or hold itself out as providing construction management services unless it has a certificate of authority issued by the administrator. If one (1) or more principals or employees of a firm are licensed construction managers, the firm may apply to the administrator for a certificate of authority to provide and hold itself out as providing construction management services. An application for a certificate of authority shall:
(a) Designate the licensed construction manager or managers, who are principals or employees of the firm, specified to be in responsible charge of construction management services provided by the firm;
(b) Be accompanied by a statement signed by such licensed construction manager or managers accepting the responsibility and duty to provide construction management services for the firm; and
(c) Contain such other information as the administrator reasonably may require.
If the administrator concludes that the construction manager or managers designated by the firm is or are licensed in good standing and that the firm meets such other criteria reasonably established by the board, he shall issue a certificate of authority to the firm authorizing it to provide and hold itself out as providing construction management services.
(2) If the construction manager or managers designated by the firm cease to be licensed or to be principals or employees of the firm, the firm shall immediately notify the administrator in writing and shall cease to hold itself out as qualified to offer construction management services. Upon receiving such notification, the administrator shall suspend the firm’s certificate of authority. If the firm is in the process of providing construction management services when its designated licensed construction manager becomes unable to provide those services, the firm shall complete the construction management services for the project by using the services of another licensed construction manager who need not be a principal or employee of the firm. The firm shall not provide or hold itself out as providing construction management services for other projects until the administrator has reinstated the firm’s certificate of authority which the administrator shall do if the firm submits an application for reinstatement of its certificate of authority, which shall contain the information required for an original application together with such other information as the administrator reasonably may require, and the administrator finds such application to be satisfactory and complete.
[54-4509, added 1998, ch. 410, sec. 1, p. 1270; am. 2017, ch. 122, sec. 7, p. 290.]
(1) The board shall adopt by rule reasonable fees not to exceed two hundred dollars ($200) for each of the following:
(a) Initial examination and licensing;
(b) License renewal;
(c) Inactive licenses;
(d) License reinstatement; and
(e) Issuance, suspension and reinstatement of a certificate of authority.
(2) All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-4510, added 1998, ch. 410, sec. 1, p. 1271; am. 1999, ch. 272, sec. 1, p. 685; am. 2017, ch. 122, sec. 8, p. 291; am. 2021, ch. 224, sec. 71, p. 688.]
(1) Construction manager representative (CMR). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act only as representative for an owner. In soliciting bids or awarding contracts for public works construction to be entered into by the owner, a licensed construction manager representative shall comply with all notice and bidding laws with which an owner would be required to comply if it were to do the same activities without the assistance of a construction manager. A licensed construction manager representative and the firm of which he is a principal or employee shall not provide construction management services for a construction project on which the licensed construction manager or his firm also provides design services or other construction-related services, whether as a contractor or subcontractor. Provided however, that this section shall not preclude a licensed architect or registered professional engineer from providing public works construction management services which are normally provided by licensed architects or registered professional engineers for a project on which the person or firm has provided design services. Such public works construction management services provided by a licensed architect or registered professional engineer shall not include the procurement of equipment or construction work required by law to be competitively bid for public works construction.
(2) Construction manager/general contractor (CM/GC). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act as both construction manager and general contractor provided the construction manager/general contractor has a valid public works contractor license as a general contractor pursuant to section 54-1902, Idaho Code.
(3) Compensation of a construction manager/general contractor shall be determined pursuant to section 67-2320, Idaho Code.
(4) At such time as the design of a project or a phase of a project is available, the construction work, materials and equipment for construction of a project may be incorporated into the construction manager/general contractor contract based upon bids solicited from licensed public works contractors and from suppliers for all construction work, materials and equipment.
(5) For each portion of the work, competitive bids shall be solicited from not less than three (3) contractors or suppliers deemed to be qualified by the construction manager/general contractor. All bids shall be opened publicly in the presence of a representative of the public entity for whom the project is undertaken and, once opened, bids shall be subject to the public record requirements outlined in title 74, Idaho Code.
(6) All construction work, materials and equipment shall be awarded to the lowest responsive qualified bidder. For good cause, the public entity may approve the award of bids based upon fewer than three (3) bids.
(7) The construction manager/general contractor, or its subsidiaries and affiliated companies, may bid to perform construction work or to supply materials or equipment only if it holds a valid license pursuant to section 54-1902, Idaho Code, and for which it customarily self-performs or supplies such construction work, materials or equipment; provided, the public entity may limit the amount of work the construction manager/general contractor, including its subsidiaries and affiliated companies, may perform under the contract. Bids from the construction manager/general contractor and its subsidiaries or affiliated companies must be opened at the opening of any other bids.
(8) When bidding for all phases of the project has been completed, a guaranteed maximum price for the entire project may be negotiated by the public entity.
(9) No public entity shall enter into a contract with any person or firm for construction management services as construction manager representative or as construction manager/general contractor if such person or firm is required to be licensed under this chapter unless:
(a) Such person holds a valid license or such firm holds a valid certificate issued pursuant to this chapter;
(b) The selection of such construction manager representative or construction manager/general contractor is made pursuant to section 67-2320, Idaho Code; and
(c) All terms of the contract including, but not limited to, terms for management fees, incentive compensation and disposition of any contingency fund, if applicable, are agreed upon in writing.
(10) No proposal, bid, or qualifications shall be accepted or denied and no award of contract under any provision of this section shall be made based on environmental, social, and governance standards. For purposes of this subsection, "environmental, social, and governance standards" means procurement standards that screen or score bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder.
[54-4511, added 1998, ch. 410, sec. 1, p. 1271; am. 2014, ch. 132, sec. 2, p. 368; am. 2016, ch. 35, sec. 1, p. 85; am. 2023, ch. 129, sec. 1, p. 366.]
A licensed construction manager representative or firm providing public works construction management services shall be required to post a payment and performance bond or bonds in the amount of the total construction management contract to secure the construction manager’s obligations thereunder. A construction manager/general contractor shall provide payment and performance bonds to secure construction of the project in the amounts required in section 54-1926, Idaho Code.
[54-4512, added 1998, ch. 410, sec. 1, p. 1272; am. 2014, ch. 132, sec. 3, p. 369.]
Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment, at the discretion of the court.
[54-4513, added 1998, ch. 410, sec. 1, p. 1272; am. 2000, ch. 318, sec. 4, p. 1076.]
The administrator may bring an action in the district court for a temporary restraining order, preliminary injunction or permanent injunction against any person who violates the provisions of this chapter.
[54-4514, added 1998, ch. 410, sec. 1, p. 1272; am. 2017, ch. 122, sec. 9, p. 291.]
In recognition of the importance of health care to all Idahoans, it is the intent of the legislature to provide the public with easily accessible information on specified licensed or registered health care professionals.
[(54-4601) 54-4501, added 1998, ch. 33, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 106, p. 127; am. 2016, ch. 76, sec. 1, p. 253.]
As used in this chapter:
(1) "Board" means a professional licensing or registration board established under title 54, Idaho Code, to regulate the practice of a provider.
(2) "Provider(s)" means a person licensed or registered to deliver health care services pursuant to title 54, Idaho Code.
[(54-4602) 54-4502, added 1998, ch. 33, sec. 1, p. 150; am. and redesig. 1999, ch. 119, sec. 1, p. 354; am. 2016, ch. 76, sec. 2, p. 253.]
Each board must make the following information pertaining to each provider accessible to the public on the board’s website:
(1) Licensure status;
(2) Description or documentation of any final board disciplinary actions that are considered to be public in accordance with the provisions of chapter 1, title 74, Idaho Code; and
(3) At the discretion of the board, other public information in accordance with the provisions of chapter 1, title 74, Idaho Code.
[54-4603, added 2016, ch. 76, sec. 4, p. 253.]
The legislature finds and declares that the provision of acupuncture services affects the public health, safety and welfare. The legislature further finds that it is in the public interest to aid in the provision of acupuncture services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of acupuncturists within the state of Idaho.
[54-4701, added 1999, ch. 379, sec. 1, p. 1039.]
As used in this chapter:
(1) "Acupuncture" means that theory of health care developed from traditional and modern Oriental medical philosophies that employs diagnosis and treatment of conditions of the human body based upon stimulation of specific acupuncture points on meridians of the human body for the promotion, maintenance, and restoration of health and for the prevention of disease. Therapies within the scope of acupuncture include manual, mechanical, thermal, electrical and electromagnetic treatment of such specific indicated points. Adjunctive therapies included in, but not exclusive to, acupuncture include herbal and nutritional treatments, therapeutic exercise and other therapies based on traditional and modern Oriental medical theory.
(2) "Board" means the Idaho state board of acupuncture.
(3) "NCCAOM" means "National Certification Commission for Acupuncture and Oriental Medicine."
(4) "Practice of acupuncture" means the insertion of acupuncture needles and use of similar devices and therapies, including application of moxibustion, to specific indicated points on the skin of the human body as indicated pursuant to traditional and modern theories of Oriental medicine. The "practice of acupuncture" does not include:
(a) Surgery; or
(b) Prescribing, dispensing or administering any prescription drug or legend drug as defined in section 54-1704, Idaho Code.
[54-4702, added 1999, ch. 379, sec. 1, p. 1039; am. 2002, ch. 26, sec. 2, p. 33; am. 2006, ch. 290, sec. 4, p. 894; am. 2009, ch. 244, sec. 6, p. 754; am. 2011, ch. 135, sec. 6, p. 381; am. 2013, ch. 28, sec. 16, p. 67; am. 2013, ch. 270, sec. 6, p. 706; am. 2014, ch. 146, sec. 8, p. 401; am. 2015, ch. 28, sec. 14, p. 60; am. 2018, ch. 37, sec. 20, p. 96; am. 2021, ch. 54, sec. 40, p. 183; am. 2022, ch. 45, sec. 8, p. 132; am. 2022, ch. 178, sec. 4, p. 582; am. 2024, ch. 69, sec. 25, p. 358.]
(1) From and after the 1st day of July, 1999, it is unlawful for any person to practice acupuncture in this state without, at such time being licensed or certified pursuant to this chapter; provided however, the provisions of this chapter shall not apply to persons licensed pursuant to chapter 18, title 54, Idaho Code, but such persons may seek licensure or certification pursuant to this chapter on a voluntary basis. Persons holding an acupuncture trainee permit pursuant to this chapter may practice acupuncture on a supervised, limited basis as prescribed by this chapter, the board’s rules and the permit.
(2) No person shall use any title, designation, words, letters, abbreviations, or sign, card or device which indicates to the public that such person may practice acupuncture in any form or has been issued a license or been certified pursuant to this chapter unless the person is so licensed or certified, has been issued such license or certification, and the license or certification is in good standing pursuant to rules of the board.
[54-4703, added 1999, ch. 379, sec. 1, p. 1040; am. 2007, ch. 220, sec. 1, p. 661; am. 2011, ch. 75, sec. 1, p. 157.]
(1) There is hereby established in the division of occupational and professional licenses a state board of acupuncture and the members thereof shall be appointed by the governor within sixty (60) days following the effective date of this chapter.
(2) The board shall consist of five (5) members, three (3) of whom shall be licensed pursuant to this chapter, one (1) of whom shall be certified pursuant to this chapter, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of acupuncture services.
(3) In making appointments to the board of acupuncture, consideration shall be given to recommendations made by the Idaho acupuncture association, other similar professional organizations and any individual residing in this state.
(4) All members of the board shall be current residents of the state of Idaho and have been residents of the state of Idaho for a minimum of three (3) years immediately preceding appointment.
(5) All terms shall be four (4) years, and a member may be reappointed. In the event of death, resignation, or removal of any member before the expiration of the term to which appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(6) Board members shall serve at the pleasure of the governor.
(7) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chairman. The board may hold additional meetings on the call of the chairman or at the written request of any two (2) members of the board. The board may appoint such committees as it considers necessary to carry out its duties. A majority of the members of the board shall constitute a quorum.
(8) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
[54-4704, added 1999, ch. 379, sec. 1, p. 1040; am. 2000, ch. 82, sec. 1, p. 170; am. 2016, ch. 340, sec. 42, p. 961; am. 2018, ch. 57, sec. 1, p. 144; am. 2021, ch. 222, sec. 35, p. 648.]
(1) The board shall have the authority to:
(a) Determine the qualifications of persons applying for licensure, certification and acupuncture trainee permits pursuant to this chapter and define, by rule, the appropriate scope of acupuncture services that may be rendered to the public in this state;
(b) Hire or appoint employees, including an executive director, investigators, attorneys, consultants and independent hearing examiners;
(c) Establish, pursuant to the administrative procedure act, such rules as are necessary for the administration of this chapter, including standards for professional conduct that reflect current practice standards and promote inclusion of innovations and advances in acupuncture;
(d) Conduct investigations and examinations and hold hearings;
(e) Collect fees and other funds as prescribed by this chapter;
(f) Contract, sue and be sued, and pursue other matters lawful in this state;
(g) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes;
(h) Adopt rules requiring continuing education as a condition of continued licensure or certification.
(2) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-4705, added 1999, ch. 379, sec. 1, p. 1041; am. 2000, ch. 28, sec. 2, p. 54; am. 2002, ch. 81, sec. 1, p. 184; am. 2011, ch. 75, sec. 2, p. 157; am. 2022, ch. 94, sec. 61, p. 322.]
A person applying for a license shall, in addition to paying all required fees, submit a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements:
(1) Has received certification from NCCAOM, or has successfully completed other similar requirements as have been approved by the board; and
(2) Has successfully completed an acupuncture internship or pre-professional practice program, coordinated program, or such other equivalent experience as may be approved by the board; and
(3) Has passed an examination or other demonstration of proficiency as may be uniformly required by the board for other similarly qualified applicants for licensure.
[54-4706, added 1999, ch. 379, sec. 1, p. 1042; am. 2002, ch. 81, sec. 2, p. 184.]
A person applying for a certification shall, in addition to paying all required fees, submit a written application provided by the board showing that such person has successfully passed an examination or other demonstration of proficiency as may be uniformly required by the board and:
(1) Has successfully completed the requirements for full membership in the American academy of medical acupuncture; or
(2) Has met each of the following education and experience requirements:
(a) Possesses from an accredited college or university a doctoral degree in chiropractic, dentistry, podiatric medicine, or naturopathic medicine;
(b) Has successfully completed an approved program consisting of a minimum of one hundred (100) hours of on-site didactic coursework in acupuncture taught by an NCCAOM certified acupuncturist who has been practicing acupuncture for at least five (5) years and is currently licensed, two hundred (200) hours of practice as a certified technician or as an acupuncture trainee over a one (1) year period and twenty-five (25) case studies; and
(c) Has successfully passed a blood-borne pathogen course and comprehensive examination concerning the practice of acupuncture approved by the board that incorporates clean needle techniques and OSHA procedures and requirements.
[54-4707, added 1999, ch. 379, sec. 1, p. 1042; am. 2007, ch. 220, sec. 2, p. 662; am. 2011, ch. 75, sec. 3, p. 158.]
(1) A person seeking the experience needed to obtain licensure or certification pursuant to this chapter may apply for an acupuncture trainee permit. Such person shall pay all required fees, submit a written application provided by the board and show to the satisfaction of the board that such person is qualified and actively pursuing an acupuncture license or certification.
(2) In approving an acupuncture trainee permit the board shall consider the scope and extent of the applicant’s academic and other training and experience in health care to date and may, for each individual acupuncture trainee:
(a) Require such supervision, as the board may deem appropriate, by a person licensed or certified pursuant to this chapter;
(b) Restrict the practice of acupuncture for the acupuncture trainee to specified therapies or treatments.
(3) A person’s acupuncture trainee permit expires two (2) years from the date of issuance. However, the board may renew the permit for up to two (2) years if, before the permit expires, the person asks the board for an extension and establishes to the board’s satisfaction that good cause exists for the board to renew the permit. The renewal of any acupuncture trainee permit may be upon such conditions as the board may require. The board may not renew a permit more than once and the board may not issue more than one (1) permit to any person.
[54-4708, added 1999, ch. 379, sec. 1, p. 1042; am. 2002, ch. 81, sec. 3, p. 185; am. 2011, ch. 75, sec. 4, p. 158; am. 2024, ch. 86, sec. 41, p. 415.]
Individuals who have been granted an acupuncture technician certificate before July 1, 2011, shall be entitled to retain and renew such certificate under the renewal terms as provided in section 54-4710, Idaho Code, and the board’s rules, but no new technician certificates shall be issued on and after July 1, 2011.
[54-4708A, added 2011, ch. 75, sec. 5, p. 159.]
An applicant who proves to the satisfaction of the board that he is licensed or registered under the laws of another state, territory, or jurisdiction of the United States that, in the opinion of the board, imposes substantially equivalent licensing requirements as this chapter may, upon the payment of the required fee and the approval of the application, be licensed by endorsement pursuant to this chapter.
[54-4709, added 2020, ch. 53, sec. 2, p. 133.]
(1) All licenses and certifications issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount that is sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license;
(b) Renewal of license fee;
(c) Initial fee for certification;
(d) Initial acupuncture trainee permit;
(e) Renewal acupuncture technician certificate or acupuncture trainee permit;
(f) Inactive license and certification fees;
(g) Late renewal fees.
[54-4710, added 1999, ch. 379, sec. 1, p. 1043; am. 2003, ch. 21, sec. 21, p. 91; am. 2011, ch. 75, sec. 6, p. 159; am. 2024, ch. 86, sec. 42, p. 415.]
To protect the health, safety and welfare of the public, the board, in accordance with the requirements of chapter 52, title 67, Idaho Code, may refuse to issue or may refuse to renew a license, certification, or permit or may suspend or revoke a license, certification, or permit, under such conditions as the board may require, if the applicant or holder of the license, certification, or permit has:
(1) Been convicted of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(2) Obtained or attempted to obtain the issuance or renewal of a license, certification or permit pursuant to this chapter by means of fraud, misrepresentation or concealment of material facts;
(3) Engaged in the practice of acupuncture in a manner that does not meet the generally accepted standards for the practice of acupuncture within the state of Idaho;
(4) Failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;
(5) Engaged in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the acupuncturist by the client;
(6) Engaged in conduct that violates the provisions of this chapter, the rules of the board or the terms of any permit issued by the board;
(7) Failed to comply with a board order entered in a disciplinary matter;
(8) Had a license revoked or suspended or has been otherwise disciplined by the board or the proper authorities of another state, territory, or jurisdiction of the United States or another country; or
(9) Had a license or certification in a related field revoked or suspended or has been otherwise disciplined in Idaho or another state, territory, or jurisdiction of the United States or another country.
[54-4711, added 1999, ch. 379, sec. 1, p. 1043; am. 2007, ch. 220, sec. 3, p. 662; am. 2011, ch. 75, sec. 7, p. 160; am. 2020, ch. 53, sec. 3, p. 133; am. 2020, ch. 175, sec. 34, p. 539; am. 2021, ch. 321, sec. 38, p. 981.]
Persons licensed pursuant to this chapter may use the title "licensed acupuncturist." Persons certified or granted an acupuncture technician certificate, or an acupuncture trainee permit pursuant to this chapter, may use the title "certified acupuncturist," "acupuncture technician" or "acupuncture trainee," respectively, but may not use the title "licensed acupuncturist" or "doctor," or any abbreviation thereof, unless the acupuncturist is otherwise authorized to use such title. No person authorized to practice acupuncture pursuant to this chapter may hold himself out in any way as a medical physician, doctor of osteopathy, chiropractor, physical therapist or other health care professional unless the person is properly authorized for such practice pursuant to law.
[54-4712, added 1999, ch. 379, sec. 1, p. 1044; am. 2011, ch. 75, sec. 8, p. 160.]
(1) A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
(2) In the event a permanent injunction is entered against such person or plea or verdict of guilty is entered in any criminal matter, a civil penalty in the amount of all costs and fees incurred in prosecuting the matter may be imposed.
(3) The representation to another person that a person holds a license, certification or permit pursuant to this chapter, when such representation is untrue, constitutes the using of a method, act or practice which is declared to be unlawful under the provisions of chapter 6, title 48, Idaho Code.
[54-4713, added 1999, ch. 379, sec. 1, p. 1044; am. 2011, ch. 75, sec. 9, p. 160; am. 2026, ch. 221, sec. 99, p. 978.]
This chapter may be cited as the "Revised Uniform Athlete Agents Act."
[54-4801, added 2016, ch. 201, sec. 2, p. 562.]
As used in this chapter:
(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract.
(2) "Athlete agent":
(a) Means an individual who:
(i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii) For compensation or in anticipation of compensation related to a student athlete’s participation in athletics:
Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; or
(iii) In anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:
Gives consideration to the student athlete or another person;
Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or
Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; but
(b) Does not include an individual who:
(i) Acts solely on behalf of a professional sports team or organization; or
(ii) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
Also recruits or solicits the athlete to enter into an agency contract;
Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
(3) "Athletic director" means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college and university.
(5) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.
(6) "Enrolled" means registered for courses and attending athletic practice or class. "Enrolls" has a corresponding meaning.
(7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.
(8) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges or universities.
(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
(10) "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(12) "Recruit or solicit" means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
(13) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound or process.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(15) "Student athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
[54-4802, added 2016, ch. 201, sec. 2, p. 562; am. 2020, ch. 105, sec. 1, p. 281.]
(1) An agency contract must be in a record signed by the parties.
(2) An agency contract must contain:
(a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(b) The name of any person who will be compensated because the athlete signed the contract;
(c) A description of any expenses the athlete agrees to reimburse;
(d) A description of the services to be provided to the athlete;
(e) The duration of the contract; and
(f) The date of execution.
(3) Subject to subsection (7) of this section, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(4) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.
(5) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(6) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by subsection (4) of this section.
(7) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (3) of this section must be revised accordingly.
[54-4810, added 2016, ch. 201, sec. 2, p. 568; am. 2020, ch. 105, sec. 9, p. 283.]
(1) As used in this section, "communicating or attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.
(2) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.
(3) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.
(4) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known that the athlete enrolled.
(5) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the enrollment and:
(a) The relationship was motivated in whole or in part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or
(b) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.
(6) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:
(a) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or
(b) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.
(7) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten (10) days after the communication or attempt.
(8) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.
[54-4811, added 2016, ch. 201, sec. 2, p. 569; am. 2020, ch. 105, sec. 10, p. 284.]
(1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen (14) days after the contract is signed.
(2) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.
(3) If a student athlete, parent or guardian cancels an agency contract, the athlete, parent or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
[54-4812, added 2016, ch. 201, sec. 2, p. 570.]
(1) An athlete agent shall create and retain for five (5) years records of the following:
(a) The name and address of each individual represented by the agent;
(b) Each agency contract entered into by the agent; and
(c) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(2) Records described in subsection (1) of this section are open to inspection during normal business hours by any educational institution whose student athlete contracts with an athlete agent.
[54-4813, added 2016, ch. 201, sec. 2, p. 570; am. 2020, ch. 105, sec. 11, p. 285.]
(1) An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:
(a) Give materially false or misleading information or make a materially false promise or representation;
(b) Furnish anything of value to the athlete before the athlete enters into the contract; or
(c) Furnish anything of value to an individual other than the athlete or another registered athlete agent.
(2) An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(a) Fail to create or retain or to permit inspection of the records required by section 54-4813, Idaho Code;
(b) Predate or postdate an agency contract; or
(c) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.
[54-4814, added 2016, ch. 201, sec. 2, p. 570; am. 2020, ch. 105, sec. 12, p. 285.]
An athlete agent who violates section 54-4814, Idaho Code, shall be guilty of a misdemeanor.
[54-4815, added 2016, ch. 201, sec. 2, p. 571.]
(1) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
(a) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(b) Suffers financial damage.
(2) A plaintiff that prevails in an action under this section may recover costs and reasonable attorney’s fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
[54-4816, added 2016, ch. 201, sec. 2, p. 571.]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[54-4818, added 2016, ch. 201, sec. 2, p. 571.]
This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. section 7003(b).
[54-4819, added 2016, ch. 201, sec. 2, p. 571.]
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
[54-4820, added 2016, ch. 201, sec. 2, p. 571.]
(1) As used in this chapter "Idaho State Bar Lawyer Assistance Program" means the lawyer’s assistance program created by the commissioners of the Idaho state bar pursuant to section XII of the Idaho bar commission rules.
(2) The records and proceedings of the lawyer’s assistance program are not subject to subpoena or discovery and are not admissible as evidence in an administrative proceeding or a criminal or civil action.
(3) Members of the board of commissioners of the Idaho state bar association, members of the lawyer’s assistance program committee, employees, contractors and past or present participants in a lawyer’s assistance program may not be compelled to testify before any agency, board, commission or court with respect to the lawyer’s assistance program records and proceedings, regarding a past or current lawyer’s assistance program participant if that information was obtained as a result of performing duties within his or her regular scope of functions for the lawyer’s assistance program or as a program participant.
(4) Records regarding a participant shall be released if a properly completed release form signed by the participant is submitted.
[54-4901, added 2002, ch. 363, sec. 1, p. 1024.]
There shall be no liability on the part of and no action for damages against:
(1) Any Idaho state bar commissioner, member of the lawyer’s assistance program committee, member, employee or contractor of a lawyer’s assistance program for any action taken or performed by such person within the scope of the functions of such lawyer’s assistance program when acting without malice and in the reasonable belief that the action taken by him is warranted; or
(2) Any person providing information to the lawyer’s assistance program without malice in the reasonable belief that such information is accurate.
[54-4902, added 2002, ch. 363, sec. 1, p. 1024.]
The purpose of this chapter is to ensure that installation of all heating, ventilation and air conditioning systems in the state of Idaho shall be in accordance with the 2006 International Mechanical Code as published by the International Code Council, the 2006 International Fuel Gas Code as published by the International Code Council, and parts V and VI of the 2006 International Residential Code as published by the International Code Council, applicable to the industry and including amendments, revisions and later editions of these codes as adopted by the Idaho heating, ventilation and air conditioning board. Nothing in this chapter shall require a local government to adopt or implement a mechanical inspection program unless such local government chooses to do so by an ordinance duly adopted. By January 1, 2005, local governments that issue mechanical permits and perform mechanical or fuel gas enforcement activities shall, by ordinance, adopt and enforce the codes as prescribed by this chapter.
[54-5001, added 2003, ch. 276, sec. 1, p. 734; am. 2004, ch. 272, sec. 5, p. 760; am. 2008, ch. 255, sec. 1, p. 747.]
(1) Certificate of competency requirements of this chapter shall not apply to:
(a) Any person who installs or maintains a heating, ventilation and air conditioning system in a single or duplex family dwelling, including accessory buildings, quarters and grounds in connection with such dwelling; provided that such person owns or is a contract purchaser of the premises; and provided further that such person shall comply with the standards and rules applicable to heating, ventilation and air conditioning installation or repairs as provided in this chapter.
(b) Farm buildings located outside the incorporated limits of any city; and a farm building is hereby defined to be a structure located on agricultural zoned property and designated and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged; a place used by the public; or conditioned livestock housing.
(c) Logging, mining or construction camps when heating, ventilation or air conditioning installations are made to conform to the recommendations of the department of environmental quality.
(d) Work on heating, ventilation or air conditioning systems on premises owned or operated by an employer who regularly employs maintenance or construction heating, ventilation and air conditioning journeymen, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to heating, ventilation and air conditioning practices in accordance with the provisions of this chapter.
(e) Modular buildings, as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.
(f) A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization’s volunteers, performing HVAC installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate.
(2) Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of HVAC installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed journeyman, and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements.
[54-5002, added 2003, ch. 276, sec. 1, p. 734; am. 2005, ch. 54, sec. 1, p. 207; am. 2007, ch. 252, sec. 11, p. 747; am. 2008, ch. 255, sec. 2, p. 747; am. 2018, ch. 199, sec. 3, p. 449; am. 2022, ch. 301, sec. 3, p. 955; am. 2025, ch. 47, sec. 15, p. 235.]
As used in this chapter:
(1) "Heating, ventilation and air conditioning (HVAC)" means and includes the business, trade, practice or work, materials and fixtures used in the design, construction, installation, improvement, extension and alteration of all piping, venting, ductwork, appliances and appurtenances in connection with any heating, ventilation or air conditioning system or subsystems of such.
(2) "Heating, ventilation and air conditioning apprentice" means any person who, as his principal occupation, is engaged in learning and assisting in installation, improvement, extension, alteration or repair of HVAC systems. An apprentice shall perform HVAC work under the supervision of an HVAC journeyman or HVAC contractor.
(3) "Heating, ventilation and air conditioning contractor" means any person who fabricates, installs, maintains, services and repairs warm air heating and water heating systems, heat pumps, complete with warm air appliances including, but not limited to, boilers, pool heaters, space heaters, decorative gas and solid fuel-burning appliances, and gas, propane, electric or oil-fired water heaters; ventilating systems complete with blowers and plenum chambers; air conditioning systems complete with air conditioning unit and the ducts, registers, flues, humidity and thermostatic controls of air, liquid or gas temperatures below fifty (50) degrees fahrenheit or ten (10) degrees celsius, and air filters in connection with any of these systems.
(4) "Heating, ventilation and air conditioning journeyman" means any person who, as his principal occupation, is engaged in the installation, improvement, extension, alteration or repair of HVAC systems and who is familiar with the provisions of this chapter and who works in the employ and under direction of an HVAC contractor.
(5) "Heating, ventilation and air conditioning specialty apprentice including specialty limited heating apprentice" means any person who, as his principal occupation, is engaged in learning and assisting in a specific aspect of installation, improvement, extension, alteration or repair of HVAC systems that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. A specialty apprentice shall perform HVAC work under the supervision of an HVAC journeyman, HVAC specialty journeyman, HVAC contractor or an HVAC specialty contractor.
(6) "Heating, ventilation and air conditioning specialty contractor including specialty limited heating contractor" means any person who, as his principal occupation, is engaged in a specific aspect of the heating, ventilation and air conditioning trade that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances.
(7) "Heating, ventilation and air conditioning specialty journeyman including specialty limited heating journeyman" means any person who, as his principal occupation, is engaged in a specific aspect of installation, improvement, extension, alteration or repairing of HVAC systems that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. A specialty journeyman is familiar with the provisions of this chapter and works in the employ and under direction of an HVAC contractor or an HVAC specialty contractor.
(8) "Heating, ventilation and air conditioning system" means any heating, ventilation or air conditioning system in a residential, private, public or semipublic building or structure including, but not limited to, any mechanical means of heating or air conditioning and to gas piping, venting, ductwork and controls.
(9) "Local government" means any incorporated city or any county in the state.
(10) "Specialty limited heating" as it applies to the definitions of "heating, ventilation and air conditioning specialty apprentice," "heating, ventilation and air conditioning specialty contractor" and "heating, ventilation and air conditioning specialty journeyman" means any person who installs, maintains, services and repairs LP gas-fired appliances, LP fuel gas piping and related exhaust venting. This definition of specialty limited heating shall exclude boilers, hydronic systems, ducted forced air systems, ventilating and air conditioning systems, systems with a BTU input rating over three hundred thousand (300,000), solid fuel and electric fueled systems. A "specialty limited heating journeyman" is required to meet the experience requirement and either the education or examination requirement set forth in this section to receive a certificate of competency. The education of a "specialty limited heating journeyman" shall include one hundred twenty (120) hours of instruction approved by the board for career technical education in LP gas specialty education. The experience requirement of a "specialty limited heating journeyman" shall be two (2) years’ experience working in the trade, in compliance with the requirements of the state in which the applicant received his supervision or as a registered HVAC apprentice or registered HVAC specialty apprentice making HVAC installation on the job under the supervision of a qualified HVAC journeyman or qualified HVAC specialty journeyman. The examination required in this section shall be developed by the board for career technical education and approved by the Idaho heating, ventilation and air conditioning board.
[54-5003, added 2003, ch. 276, sec. 1, p. 734; am. 2004, ch. 308, sec. 1, p. 859; am. 2009, ch. 280, sec. 1, p. 842; am. 2012, ch. 49, sec. 1, p. 144; am. 2015, ch. 244, sec. 35, p. 1027; am. 2016, ch. 25, sec. 44, p. 60.]
(1) The Idaho heating, ventilation and air conditioning board, referred to as the board, is hereby created and made part of the division of occupational and professional licenses. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter, and the board shall make, promulgate and publish such rules as may be necessary to carry out the provisions of this chapter. Except as may be limited or prohibited by law, such rules so made and promulgated shall have the force of statute.
(2) The board shall consist of seven (7) members, appointed by the governor, who shall serve at the pleasure of the governor. All board members shall be appointed for a term of three (3) years. Whenever a vacancy occurs, the governor shall forthwith appoint a qualified person to fill the vacancy for the unexpired portion of the term. All members of the board shall be United States citizens, residents of this state for not less than two (2) years, and qualified by knowledge, integrity and experience to properly perform the functions of the board. All members of the board shall take, subscribe and file with the secretary of state an oath of office in the form, manner and time as prescribed by chapter 4, title 59, Idaho Code.
(3) Of the seven (7) board members, two (2) members shall be active HVAC contractors with not less than five (5) years’ experience in the HVAC contracting business; one (1) member shall be a city official; one (1) member shall be a county official; one (1) member shall be a private sector mechanical engineer with experience in mechanical system design; one (1) member shall be a representative of the HVAC industry; and one (1) member shall be a member of the general public with an interest in the rights of consumers of HVAC services.
(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties. At the board’s first meeting, and every two (2) years thereafter, the members shall elect one (1) of their number to be chairman and one (1) of their number to be vice chairman. A majority of the board shall constitute a quorum for the transaction of business and not less than two (2) quorum meetings shall be held each year. The board may delegate to any member, or its chairman or other employees, the power to make investigations and hold hearings at any place it may deem proper, and to report findings to it; and it may delegate to its chairman and employees the performance of ministerial functions.
(5) Each member of the board shall be compensated as provided in section 59-509(n), Idaho Code.
[54-5004, added 2003, ch. 276, sec. 1, p. 735; am. 2011, ch. 20, sec. 1, p. 58; am. 2016, ch. 340, sec. 43, p. 962; am. 2019, ch. 145, sec. 1, p. 496; am. 2021, ch. 222, sec. 36, p. 649.]
The board shall have the general administration and supervision of the design, construction, installation, improvement, extension and alteration of heating, ventilation and air conditioning systems, except that which has been heretofore and hereinafter exempted from the jurisdiction of this board, in connection with all buildings, residences and structures in this state, including buildings, residences and structures owned by the state or any political subdivision thereof. The division of occupational and professional licenses shall enforce the minimum standards and requirements therefor as provided by this chapter. The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter, and it may, among other things:
(1) Establish the fees to be charged for reviewing plans, investigations, permits and inspections of heating, ventilation and air conditioning systems under the jurisdiction of the state and establish such other fees as it deems necessary.
(2) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of heating, ventilation and air conditioning and to the public upon request.
(3) Establish by administrative rule the fines to be paid for citations issued and hear appeals regarding the imposition of civil penalties for violations of this chapter and rules of the board. The board is authorized to affirm, reject, decrease or increase the penalty imposed by the administrator. However, in no case shall the penalty exceed one thousand dollars ($1,000) for each offense.
The powers and duties of the board within the jurisdictional boundaries of local governments that have chosen to adopt and enforce mechanical codes shall be limited to those powers and duties needed to enforce the requirements governing a certificate of competency. Each local government that has chosen to adopt and enforce mechanical codes shall establish fees to be charged for permits and inspections within its jurisdiction.
[54-5005, added 2003, ch. 276, sec. 1, p. 736; am. 2004, ch. 308, sec. 2, p. 860; am. 2023, ch. 15, sec. 64, p. 110.]
The administrator shall exercise such powers and duties as are reasonably necessary to enforce standards provided in this chapter, and he may, among other things:
(1) Serve as secretary to the Idaho heating, ventilation and air conditioning board.
(2) Appoint state mechanical inspectors who shall be authorized to enter and inspect by and through a properly identified person, at reasonable hours, heating, ventilation and air conditioning systems.
(3) Make HVAC inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable HVAC codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in the rules promulgated by the board.
(4) Notwithstanding the exception provided in section 54-5002(1)(e), Idaho Code, the administrator may make inspections of modular buildings constructed in Idaho upon written request from the manufacturer. Such inspections shall be made in accordance with the codes adopted in this chapter. Inspection fees for such inspections shall be as provided in section 39-4303, Idaho Code. The administrator may issue an insignia of approval if the buildings are in compliance with the requirements set forth in chapter 43, title 39, Idaho Code.
(5) Summon witnesses to appear and testify before him on any matter within the provisions of this chapter. No person shall be required to testify outside the county wherein he resides or where his principal place of business is located. Such summons to testify shall be issued and served in like manner as a subpoena to witness issued from the district court, or in other manner consistent with procedure of the division of occupational and professional licenses. In case any witness shall fail or refuse to appear and testify upon being summoned as herein provided, the clerk of the district court of the county shall, upon demand by said administrator or his designated agent, issue a subpoena reciting the demand therefor and summoning the witness to appear and testify at a time and place fixed. Violation of such subpoena or disobedience thereto shall be deemed and punished as a violation of any other subpoena issued from the district court.
(6) Administer oaths and take affirmations of witnesses appearing before him or a duly appointed hearing officer; and have the power to appoint competent persons to issue subpoenas, administer oaths and take testimony.
(7) Impose civil penalties as provided in this chapter and rules of the board.
[54-5006, added 2003, ch. 276, sec. 1, p. 736; am. 2004, ch. 308, sec. 3, p. 861; am. 2005, ch. 54, sec. 2, p. 208; am. 2007, ch. 252, sec. 12, p. 747; am. 2018, ch. 199, sec. 4, p. 450; am. 2023, ch. 15, sec. 65, p. 111.]
The Idaho heating, ventilation and air conditioning board shall provide standards and procedures and prescribe reasonable rules for examination, qualification and certification of heating, ventilation and air conditioning contractors, journeymen, apprentices, specialty contractors, specialty journeymen and specialty apprentices. HVAC contractors and specialty contractors shall provide a bond in the amount of two thousand dollars ($2,000) or evidence of such coverage by a corporate industry group bond acceptable to the board.
[54-5007, added 2003, ch. 276, sec. 1, p. 737; am. 2004, ch. 308, sec. 4, p. 861.]
On and after July 1, 2004, it shall be unlawful for any person or firm, copartnership, association or corporation to engage in the business, trade, practice or work of heating, ventilation and air conditioning in this state unless such person or responsible person representing such firm, copartnership, association or corporation, has successfully passed an examination as provided herein and has been issued a state certificate of competency. Such certificate of competency shall not be transferable.
[54-5008, added 2003, ch. 276, sec. 1, p. 737.]
There shall be four (4) classifications of competency in the business, trade, practice or work of heating, ventilation and air conditioning as follows:
(1) An apprentice shall be any person who, as his principal occupation, is engaged in learning and assisting in the installation, improvement, extension and alteration or repair of HVAC systems. An apprentice shall not perform HVAC work except under the supervision of an HVAC journeyman or HVAC contractor. This classification applies to a specialty apprentice as defined in section 54-5003, Idaho Code.
(2) A journeyman shall be any person who, as his principal occupation, is engaged in the installation, improvement, extension and alteration or repair of HVAC systems and who is familiar with the provisions of this chapter and who works in the employ and under direction of an HVAC contractor and has successfully completed all trade required classes as directed by the board. This classification applies to a specialty journeyman as defined in section 54-5003, Idaho Code.
(3) A heating, ventilation and air conditioning contractor shall be any business, trade, partnership, company, firm or association engaged in, but not limited to, the business, trade, practice or work of installing, maintaining or repairing heating, ventilation or air conditioning appliances, or gas-fired equipment that requires special venting or gas supply piping systems or subsystems in the state of Idaho.
(4) A heating, ventilation and air conditioning specialty contractor shall be any person who, as his principal occupation, is engaged in a specific aspect of the heating, ventilation and air conditioning trade that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. A certificate of competency issued for the installation of hearth and barbecue products shall include the authority for all low voltage work necessary to complete the installations.
[54-5009, added 2003, ch. 276, sec. 1, p. 737; am. 2004, ch. 308, sec. 5, p. 862.]
(1) The Idaho heating, ventilation and air conditioning board shall establish by rule the requirements as to education, continuing education and examinations relating to classifications of competency.
(2) Times and places for examinations shall be determined by the board and all applicants shall be notified thereof.
(3) All applications for examination shall be filed with the board on a form provided by the board. When any person is designated and authorized to be or act as an agent for the applicant, such authorization shall be in writing, signed by the applicant and the person designated, a certified copy of which shall be filed with the board. All applications shall expire and be canceled after a period of one (1) year if the applicant fails to appear for examination within such period.
(4) A heating, ventilation and air conditioning apprentice, as defined in section 54-5003(2), Idaho Code, may take the journeyman’s examination if the apprentice has completed the required related instruction for a heating, ventilation and air conditioning apprentice, as approved by the board, in conjunction with the state board for career technical education and has worked the required number of hours as prescribed by the Idaho heating, ventilation and air conditioning board.
[54-5010, added 2003, ch. 276, sec. 1, p. 738; am. 2018, ch. 210, sec. 1, p. 478.]
A certificate of competency in the form of a card shall be issued to an applicant upon successful completion of the examination. The card shall include the holder’s name, classification for which the applicant was examined, the year for which the card is current, the holder’s signature, certificate number, and the signature of the administrator of the division of occupational and professional licenses.
[54-5011, added 2003, ch. 276, sec. 1, p. 738; am. 2018, ch. 210, sec. 2, p. 479; am. 2023, ch. 15, sec. 66, p. 112.]
(1) Application for examination.
(a) HVAC contractor or specialty contractor
(b) HVAC journeyman or specialty journeyman
(2) Certificate of competency, initial issue, valid for two (2) years; or may be issued at the annual rate for up to three (3) years.
(a) HVAC contractor or specialty contractor
(b) HVAC journeyman or specialty journeyman
(3) Renewal of certificate of competency, valid for two (2) years; or may be issued at the annual rate for up to three (3) years.
(a) HVAC contractor or specialty contractor
(b) HVAC journeyman or specialty journeyman
(4) Each apprentice and specialty apprentice is required to register with the division of occupational and professional licenses and maintain such registration during the entire period in which work experience is accrued. An apprentice registration shall be valid for two (2) years and shall expire on the apprentice’s birthday unless renewed. A specialty apprentice registration shall be valid for two (2) years and shall expire on the specialty apprentice’s birthday unless renewed. The registration fee for an apprentice shall be twenty dollars ($20.00), and the registration fee for a specialty apprentice shall be twenty dollars ($20.00).
[54-5012, added 2003, ch. 276, sec. 1, p. 738; am. 2004, ch. 308, sec. 6, p. 862; am. 2009, ch. 113, sec. 1, p. 367; am. 2020, ch. 75, sec. 1, p. 163; am. 2023, ch. 15, sec. 67, p. 112; am. 2024, ch. 86, sec. 43, p. 416.]
(1) Certificates of competency shall expire twenty-four (24) calendar months from the date of issue, or on the last day of the month of the certification period, unless renewed as provided in this section, or unless sooner revoked or suspended.
(2) Renewal of a certificate may be requested within sixty (60) days prior to the expiration date. Any certificate which has expired may be revived at any time within one (1) year from the first day of the final month of the certification period, by payment of a thirty-five dollar ($35.00) revival fee in addition to the full renewal fee, and if any, all outstanding civil penalties, permits or other fees and penalties.
(3) Any person whose certificate has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new certificate. Successful application shall require satisfactory proof of payment of any and all outstanding civil penalties, permits or other fees and penalties.
[54-5013, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 7, p. 863; am. 2024, ch. 86, sec. 44, p. 416.]
The administrator shall have the power to revoke or suspend any certificate if the same was obtained through error or fraud, or if the holder thereof is shown to be grossly incompetent, or has willfully violated any of the rules prescribed by the board, or as prescribed in this chapter; or has, after due notice, failed or refused to correct, within the specified time, any HVAC installation not in compliance with the provisions of this chapter, or has failed to pay within the time provided, civil penalties which have become final by operation of law, provided, before any certificate shall be revoked or suspended, the holder thereof shall have written notice enumerating the charges against him, and shall be given a hearing by said administrator, and have an opportunity to produce testimony in his behalf, at a time and place specified in said notice, which time shall not be less than five (5) days after the service thereof. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. Any party aggrieved by the action of the administrator shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[54-5013A, added 2004, ch. 308, sec. 8, p. 863.]
(1) All holders of a valid certificate of competency for the classification of contractor or specialty contractor shall display a sign or card for public view in the holder’s place of business.
(2) All journeymen, specialty journeymen, apprentices, and specialty apprentices shall have their certificate of competency or annual registration card available at all times while on the job.
[54-5014, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 9, p. 863.]
(1) Only the administrator of the division of occupational and professional licenses of the state of Idaho is authorized and empowered to conduct examinations and to pass upon the qualifications of applicants, and to grant and issue certificates of competency and registration of apprentices to such applicants as are found to be qualified to engage in the trade, business, work or practice of heating, ventilation and air conditioning.
(2) No local jurisdiction shall have the authority to require additional certification or registration or to require payment of any fees in order for any HVAC contractor, specialty contractor, journeyman, specialty journeyman, apprentice, or specialty apprentice to engage in the heating, ventilation and air conditioning trade within the local jurisdiction or to issue certificates to persons certified or registered under the provisions of this chapter.
(3) Nothing in this chapter shall restrict a city or county from imposing stricter public safety rules, notwithstanding any provision of Idaho Code.
(4) A certificate issued pursuant to chapter 26, title 54, Idaho Code, or a license issued pursuant to chapter 10, title 54, Idaho Code, shall be acceptable for all HVAC installation work that falls within the scope of the certificate or license that has been issued. This will allow:
(a) Individuals holding a current HVAC or electrical license or a current plumbing certification to install electrical circuitry from the disconnecting means to a water heater and electrical connections to the water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long;
(b) Individuals holding a current HVAC or electrical license to install:
(i) Electrical space heaters with no attached ductwork;
(ii) Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and
(iii) Ventilating fans, except ducted range hoods in residences;
(c) Individuals holding either an HVAC certification or plumbing certification to install:
(i) Boilers that are not otherwise subject to inspection by the industrial commission or its authorized agent;
(ii) Fuel piping;
(iii) Piping for hydronic systems; and
(iv) Piping for steam and hot water boiler systems;
(d) HVAC licensees to install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity.
(5) Notwithstanding any other provision of this section, plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage.
[54-5015, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 10, p. 864; am. 2007, ch. 197, sec. 6, p. 601; am. 2013, ch. 101, sec. 1, p. 242; am. 2023, ch. 15, sec. 68, p. 112.]
(1) On and after January 1, 2005, it shall be unlawful for any person, firm, partnership, company, association or corporation to do or cause to be done, whether acting as principal, agent or employee, any construction, installation, improvement, extension or alteration of any heating, ventilation or air conditioning system in any building, residence or structure in the state of Idaho without first obtaining a permit from the authority having jurisdiction authorizing such work to be done, except that no permit shall be required to perform work related to repair or maintenance of an existing HVAC system.
(2) To the extent that a plumbing or electrical installation permit issued by the Idaho division of occupational and professional licenses includes any part of an HVAC system installation, or an HVAC installation permit issued by the division includes any part of a plumbing or electrical installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspection requirements of the other division entities.
(3) The plumbing, HVAC and electrical boards shall promulgate rules adopting fees that will allow the division of occupational and professional licenses entity issuing a permit to charge, in addition to the permit fee it would originally charge, additional permit fees that relate to the HVAC portion of an installation for which a plumbing or electrical installation permit is being obtained, or the electrical and plumbing portions of an installation for which an HVAC permit is being obtained.
(4) No provision of this chapter shall preclude local governments from collecting fees for permits and inspections where such work is regulated and enforced by city or county code or ordinance. Municipalities may also require fees for permits and inspections in areas designated by local code or ordinance as areas of city impact.
[54-5016, added 2003, ch. 276, sec. 1, p. 739; am. 2004, ch. 308, sec. 11, p. 864; am. 2007, ch. 197, sec. 7, p. 602; am. 2023, ch. 15, sec. 69, p. 113.]
(1) On and after January 1, 2005, any person, firm, partnership, company, association or corporation entitled to receive a permit, shall make application to the board on a form provided by the board. The application shall require a description of the work proposed to be done, the location, ownership and use of the premises.
(2) Until fees are established by rule of the board, the following fees shall be paid:
(a) Residential single and duplex family dwelling, a fifty dollar ($50.00) base permit fee plus an inspection fee of:
(i) Thirty-five dollars ($35.00) for the first furnace, furnace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas-fired appliance, incinerator, boiler, pool heater, and similar fixtures or appliances, plus
(ii) Fifteen dollars ($15.00) for any additional furnace, furnace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas-fired appliance, incinerator, boiler, pool heater, and similar fixtures or appliances. Fee includes ducts, vents and flues attached thereto.
(iii) Fifteen dollars ($15.00) for the first exhaust or ventilation duct such as dryer vents, range hood vents, cook stove vents, bath fan vents, and similar exhaust and ventilation ducts, plus
(iv) Five dollars ($5.00) for any additional exhaust and ventilation ducts.
(v) Fifteen dollars ($15.00) for the first fixture or appliance outlet of the fuel gas piping system, plus
(vi) Five dollars ($5.00) for any additional outlets of the fuel gas piping system.
(b) Multifamily, commercial, institutional, industrial and all other installations, a fifty dollar ($50.00) base permit fee for each building, plus an inspection fee based on the selling price of the completed installation including equipment, appliances, piping systems, materials, and labor of:
(i) Three percent (3%) of the value of the installation through twenty thousand dollars ($20,000), plus
(ii) Two percent (2%) of the value of installation in excess of twenty thousand dollars ($20,000) through one hundred thousand dollars ($100,000), plus
(iii) One percent (1%) of the value of the installation in excess of one hundred thousand dollars ($100,000) through two hundred thousand dollars ($200,000), plus
(iv) One-half percent (1/2%) of the value of the installation in excess of two hundred thousand dollars ($200,000).
(c) Plan check and technical service, a fifty dollar ($50.00) minimum fee plus fifty dollars ($50.00) per hour.
(d) Additional and reinspections, a fifty dollar ($50.00) minimum fee plus an additional fifty dollars ($50.00) per hour before approval of the installation if the following services are necessary:
(i) Trips to inspect when the permittee had given notice to the inspector that the work was ready for inspection when it was not, or if the permittee has not clearly given the location of the installation either by directions or maps, or if the inspector cannot gain access to make the inspection;
(ii) Trips to inspect corrections required by the inspector as a result of the permittee improperly responding to a corrective notice;
(iii) Each trip necessary to remove a red tag from the job site;
(iv) When corrections have not been made in the prescribed time, unless an extension has been requested and granted.
(3) Expiration of permits. Every permit issued by the division of occupational and professional licenses or authority having jurisdiction shall expire by limitation and become null and void if the work authorized by such permit is not commenced within ninety (90) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned at any time after work is commenced for a period of one hundred eighty (180) days. A permit may be renewed for an additional year upon receiving approval from the division of occupational and professional licenses or authority having jurisdiction and a fifty-dollar ($50.00) renewal fee.
(4) No permit. Failure to acquire, post and send permit and to pay required fees in the prescribed time may result in the assessment of a double fee. Any additional offenses within a twelve (12) month period for failure to acquire, post and send permit and to pay required fees in the prescribed time shall result in the assessment of a triple fee.
[54-5017, added 2003, ch. 276, sec. 1, p. 740; am. 2004, ch. 308, sec. 12, p. 864; am. 2022, ch. 94, sec. 62, p. 322.]
A designated, qualified, properly identified agent of the authority having jurisdiction shall inspect work performed under each permit to ensure compliance with the provisions of this chapter and rules as promulgated by the board, and applicable codes and ordinances as adopted.
[54-5018, added 2003, ch. 276, sec. 1, p. 740.]
The inspector shall either approve the portion of the work completed at the time of inspection, or shall notify the permit holder of a failure to comply with the provisions of this chapter or rules as promulgated by the board. When final inspection has been made and the work is approved, the inspector shall certify to the permit holder by securely attaching an inspector’s tag to the equipment stating completion of the final inspection.
[54-5019, added 2003, ch. 276, sec. 1, p. 740.]
(1) It shall be the duty of the permit holder to notify the division of occupational and professional licenses at least one (1) day prior to the desired inspection, Sundays and holidays excluded, that the project is ready for inspection. If a reinspection is required after the final inspection due to a failure to meet requirements of this chapter, a fee not to exceed the actual cost of reinspection shall be charged.
(2) Local governments that have adopted mechanical codes shall by ordinance establish times within which permit holders shall notify the authority of the desire for an inspection.
[54-5020, added 2003, ch. 276, sec. 1, p. 740; am. 2023, ch. 15, sec. 70, p. 114.]
(1) If an inspection requested by a permit holder is not performed within forty-eight (48) business hours, such permit holder shall be authorized to hire a third-party inspector to perform such inspection. The permit holder or third-party inspector shall notify the division or local government that such inspection is being completed by a third-party inspector. The permit holder shall provide a copy of the results of the completed inspection to the division or local government. A permit holder who obtains a third-party inspection under this section shall be refunded any fee, or portion thereof, that the permit holder paid to the division or local government for such inspection. If a local government contracts with and pays the division, county, or third party for an inspection that requires a refund pursuant to this section, the division, county, or third party shall be responsible for refunding the permit holder.
(2) The division or a local government shall refund ten percent (10%) of the fees, or the portion thereof, paid by a permit holder for an inspection if an inspector or mechanical code administrator:
(a) Conducts an inspection on the work relating to the permit;
(b) Determines that the work has failed an inspection; and
(c) Fails to, within three (3) business days, provide the permit holder or his agent with a reason for the failure of such inspection pursuant to the provisions of this chapter.
(3) A third-party inspector under this section shall meet the qualifications prescribed by section 54-5021, Idaho Code, and shall conduct the inspection in substantial accord with the applicable jurisdiction’s standards provided by law, rule, or ordinance.
[54-5020A, added 2026, ch. 232, sec. 3, p. 1012.]
(1) The administrator of the division of occupational and professional licenses, or the local government having jurisdiction, as the case may be, shall appoint such number of inspectors as are necessary for the effective enforcement of this chapter.
(2) All state mechanical inspectors shall be knowledgeable in HVAC installations and demonstrate knowledge of the provisions of this chapter and rules of the administrator and the board. All inspectors shall be certified by rule of the HVAC board as a commercial mechanical inspector or a residential mechanical inspector, depending upon the duties assigned.
(3) No inspector shall be permitted to be engaged or financially interested in business, trade, practice or work related to this chapter, or sell any supplies connected to the HVAC business, nor act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation so engaged in HVAC. The qualifications and requirements as set forth in this section shall apply to inspectors employed by a municipality.
(4) Each local government mechanical inspector shall be certified as a mechanical inspector.
[54-5021, added 2003, ch. 276, sec. 1, p. 740; am. 2023, ch. 15, sec. 71, p. 114.]
It shall be a misdemeanor for any person, firm, partnership, company, association or corporation by and through a member, representative or agent to:
(1) Engage in the business, trade, practice or work of HVAC without a certificate of competency or without registration;
(2) Perform work without a permit as provided in this chapter;
(3) Violate any provision of this chapter or the rules made by both the administrator of the division of occupational and professional licenses and the Idaho heating, ventilation and air conditioning board;
(4) Refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time; or
(5) Fail, neglect or refuse to obey any lawful order given or made by the administrator.
Such person, firm, partnership, company, association or corporation shall be subject to the civil penalties established by administrative rule but not to exceed one thousand dollars ($1,000). Each day of such violation shall constitute a separate offense. A violation shall be considered a second or additional offense only if it occurs within one (1) year of the first violation.
[54-5022, added 2003, ch. 276, sec. 1, p. 741; am. 2004, ch. 308, sec. 13, p. 866; am. 2023, ch. 15, sec. 72, p. 114.]
All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-5024, added 2021, ch. 224, sec. 73, p. 688.]
As used in this chapter:
(1) "Allied health advisory board" means the allied health advisory board established pursuant to chapter 1, title 54, Idaho Code, to accept applications under this chapter, to make recommendations and consult with the board, and to perform such other duties as may be required or authorized in this chapter or by the board.
(2) "Approved naturopathic medical program" means a naturopathic medical education program in the United States or Canada that provides the degree of doctor of naturopathy or doctor of naturopathic medicine, that includes graduate level, full-time, didactic, and supervised clinical training, and is either accredited or has achieved candidacy status for accreditation by the nationally recognized accrediting body for naturopathic medical programs.
(3) "Board" means the Idaho board of medicine.
(4) "Minor office procedures" means the use of operative, electrical, or other methods for the repair and care incidental to superficial lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in the superficial tissues and the use of antiseptics and local topical anesthetics in connection with such methods.
(5) "Naturopathic medical doctor" means a person authorized and licensed to practice naturopathic medicine under this chapter.
(6) "Naturopathic medical formulary" means the prescription medicines used by naturopathic medical doctors, as set forth in rule, which may include legend medications excluding scheduled controlled substances except for testosterone.
(7) "Naturopathic medicine" means a distinct and comprehensive system of primary health care practiced by a naturopathic medical doctor.
[54-5101, added 2019, ch. 208, sec. 1, p. 634; am. 2024, ch. 61, sec. 30, p. 302.]
(1) Naturopathic medical doctors provide primary care, including but not limited to the following services:
(a) Naturopathic medical doctors may use physical and laboratory examinations consistent with naturopathic medical education and training for diagnostic purposes. Naturopathic medical doctors may order and perform diagnostic and imaging tests consistent with naturopathic medical education and training. All diagnostic and imaging tests not consistent with naturopathic medical education and training must be referred to an appropriately licensed health care professional for treatment and interpretation.
(b) Naturopathic medical doctors are authorized to dispense, administer, and prescribe prescription drugs and medical devices as authorized by the naturopathic medical formulary as set forth in rule.
(c) Naturopathic medical doctors may perform minor office procedures.
(d) Naturopathic medical doctors may perform those therapies for which they are trained and educated, consistent with the provisions of this chapter.
(e) Naturopathic medical doctors may admit patients to a hospital at which they are credentialed and privileged to do so.
(2) The practice of naturopathic medicine does not include the practice of obstetrics.
[54-5102, added 2019, ch. 208, sec. 1, p. 635; am. 2024, ch. 61, sec. 31, p. 302.]
This chapter is not intended to and does not prohibit, restrict, or apply to:
(1) The practice of a profession by individuals who are licensed, certified, registered, or otherwise authorized under other laws of this state and are performing services within the authorized scope of practice;
(2) The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;
(3) An individual rendering aid in an emergency, when no fee or other consideration for the service is charged, received, expected, or contemplated;
(4) An individual engaged in the sale of vitamins, health foods, over-the-counter homeopathic products, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited under state or federal law;
(5) The practice by a licensed naturopathic physician duly licensed in another state, territory, or the District of Columbia when that licensed naturopathic physician is called into this state for consultation with a physician licensed pursuant to this chapter or chapter 18, title 54, Idaho Code;
(6) The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical program. Services shall be performed pursuant to a course of instruction or assignments from an instructor and under the supervision and observation of the instructor or a naturopathic medical doctor; or
(7) The practice of the complementary and alternative healing methods and treatments as described in section 54-1804(1)(l), Idaho Code.
[54-5103, added 2019, ch. 208, sec. 1, p. 635; am. 2021, ch. 321, sec. 39, p. 982; am. 2024, ch. 61, sec. 32, p. 303.]
In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter.
[54-5105, added 2024, ch. 61, sec. 35, p. 304.]
To be eligible for a license to practice as a naturopathic medical doctor in the state of Idaho, the applicant shall submit an application, pay the fee, and fulfill the following requirements:
(1) The applicant must be a graduate of an approved naturopathic medical program as defined in this chapter;
(2) The applicant must provide proof of having received a passing grade on the naturopathic physicians licensing examinations administered by the approved national board of naturopathic examiners;
(3) The board may require an applicant to be personally interviewed by the board, the allied health advisory board, or by a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials; and
(4) The application shall require a fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code.
[54-5106, added 2019, ch. 208, sec. 1, p. 637; am. 2024, ch. 61, sec. 36, p. 304; am. 2024, ch. 101, sec. 19, p. 461.]
Upon recommendation of the allied health advisory board, or upon its own motion, the board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who:
(1) Presents proof of a current license in good standing to engage in the practice of naturopathic medicine in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and
(2) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital, or institution in any state or district. The standards for licensure of applicants who are licensed in another jurisdiction shall not be less than the qualifications for licensure in this chapter.
[54-5107, added 2019, ch. 208, sec. 1, p. 637; am. 2024, ch. 61, sec. 37, p. 304.]
(1) A license issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the rules for the licensure of naturopathic medical doctors, upon payment of a renewal fee.
(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license and examination fee;
(b) Renewal of license fee;
(c) Inactive license fee; and
(d) Late renewal fees.
(3) No license expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-5106, Idaho Code, for obtaining an initial license.
[54-5108, added 2019, ch. 208, sec. 1, p. 637; am. 2024, ch. 61, sec. 38, p. 305; am. 2024, ch. 86, sec. 45, p. 416.]
(1) The board, upon recommendation of the allied health advisory board, or on its own motion, may refuse to issue or renew a license or may revoke, suspend, or otherwise discipline a license holder for any of the following grounds:
(a) The use of fraud or deceit in obtaining a license under this chapter or in connection with services rendered as a naturopathic medical doctor;
(b) A legal finding of mental incompetence;
(c) Aiding or abetting a person, not duly licensed under this chapter, in claiming to be a naturopathic medical doctor or in practicing naturopathic medicine;
(d) Gross negligence, incompetence, or misconduct in the performance of naturopathic medicine;
(e) Conviction of a felony or the entering of a plea of guilty or the finding of guilt by a jury or court of commission of a felony;
(f) Providing health care that fails to meet the standard of health care provided by other qualified naturopathic medical doctors in the same community or similar communities, taking into account their training, experience, and the degree of expertise to which they hold themselves out to the public;
(g) Violating any law or rule pursuant to this chapter;
(h) Engaging in any conduct that constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the naturopathic physician by the patient;
(i) Having a license to practice naturopathic medicine or other health care license or certificate refused, revoked, suspended, or otherwise disciplined by any state, territory, district of the United States, or Canada;
(j) Prescribing, dispensing, or administering any controlled substance or device except as authorized by this chapter, or as authorized by the medical practice act in section 54-1804(1) (h), Idaho Code;
(k) Performing surgical procedures, except those minor office procedures authorized by this chapter;
(l) Administering ionizing radioactive substances for therapeutic purposes;
(m) Performing surgical procedures using a laser device;
(n) Inducing or performing an abortion;
(o) Failure to comply with a board order; or
(p) Committing an act that constitutes a felony.
(2) The board may reinstate any revoked or suspended license on such terms as it may determine upon recommendation of the allied health advisory board or upon its own motion.
[54-5109, added 2019, ch. 208, sec. 1, p. 638; am. 2024, ch. 61, sec. 39, p. 305.]
It shall be unlawful and a misdemeanor for any person to engage in any of the following acts:
(1) To practice, attempt, or offer to practice naturopathic medicine as defined in this chapter without a valid, unexpired, unrevoked, and unsuspended license issued under this chapter; or
(2) To represent oneself as licensed to practice naturopathic medicine under this chapter or to use the title or designation "licensed naturopathic physician," "physician of naturopathic medicine," "naturopathic medical doctor," or "NMD," unless such person is so licensed. The use of the term "naturopath," "naturopathic doctor," or "ND" by persons not licensed under this chapter shall not be restricted.
[54-5110, added 2019, ch. 208, sec. 1, p. 638; am. 2024, ch. 61, sec. 40, p. 306.]
Beginning July 1, 2020, licensure of naturopathic medical doctors shall occur pursuant only to this chapter.
[54-5111, added 2019, ch. 208, sec. 1, p. 639.]
This chapter shall be known and may be cited as the "Idaho Contractor Registration Act."
[54-5201, added 2005, ch. 153, sec. 1, p. 471.]
The legislature finds and declares that the practice of construction in the state of Idaho affects the public health, safety and welfare of its citizens. The legislature further finds that it is in the public interest to provide a mechanism to remove from practice incompetent, dishonest, or unprincipled practitioners of construction. To aid in fulfilling these purposes, this chapter provides for the registration of construction contractors within the state of Idaho.
[54-5202, added 2005, ch. 153, sec. 1, p. 471.]
As used in this chapter:
(1) "Board" means the Idaho contractors board as created in section 54-5206, Idaho Code.
(2) "Construction" means the performance of building, altering, repairing, adding to, subtracting from, improving, reconstructing, moving, excavating, wrecking or demolishing any building, highway, road, bridge, or other structure, project, development or improvement to real property, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
(3) "Contractor" means:
(a) Any person who in any capacity undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, perform construction; or
(b) A construction manager who performs construction management services.
(4) "Department" means the department of self-governing agencies of the state of Idaho.
(5) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(6) "Person" means any individual, firm, partnership, limited liability company, limited liability partnership, corporation, trust, association or other entity or organization capable of conducting business, or any combination thereof acting as a unit.
[54-5203, added 2005, ch. 153, sec. 1, p. 471; am. 2022, ch. 94, sec. 63, p. 324.]
(1) On and after January 1, 2006, it shall be unlawful for any person to engage in the business of, or hold himself out as, a contractor within this state without being registered as required in this chapter.
(2) It shall be unlawful for a contractor to engage any other contractor who is required by this chapter to be registered as a contractor unless such other contractor furnishes satisfactory proof to the contractor that he is duly registered under the provisions of this chapter.
(3) Any person who engages in the business or acts in the capacity of a contractor, whether or not duly registered, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the Idaho contractors board, and shall be subject to all penalties and remedies available under Idaho law for any violation of this chapter.
[54-5204, added 2005, ch. 153, sec. 1, p. 472.]
(1) Nothing in this chapter shall be construed to restrict any person licensed, registered, or otherwise regulated by the state of Idaho from engaging in the profession or practice for which they are licensed, registered or otherwise regulated by the state of Idaho including, but not limited to, persons licensed pursuant to chapters 3, 10, 12, 19, 26, 45 and 50, title 54, Idaho Code, nor shall this chapter require such persons otherwise licensed, registered or regulated to obtain such registration as required by this chapter, so long as such person is not acting with the intent to evade this chapter. No such person exempt hereunder may hold himself out as a registered contractor.
(2) In addition to the exemption set forth in subsection (1) of this section, registration as provided for in this chapter shall not be required for the following, so long as such person is not acting with the intent to evade this chapter and so long as such person does not hold himself out as a registered contractor:
(a) A person who only performs labor or services for wages or a salary as an employee of a contractor, or as an employee of a person otherwise exempt by the provisions set forth in this chapter, or strictly as a volunteer or as part of a bona fide educational curriculum or nonprofit charitable activity for which no wages or salary shall be paid; provided however, that such exemption shall not apply to any subcontractor or other independent contractor who is not otherwise exempt;
(b) An authorized representative of the United States government, the state of Idaho, or any incorporated municipality, county, alternative form of local government, highway district, reclamation district, or other municipal or political corporation or subdivision of this state;
(c) A public utility operating under the regulation of the Idaho public utility commission as set forth in title 61, Idaho Code, in the construction, maintenance, or development work incidental to its own business;
(d) A person who performs repair or operation incidental to the discovery or production of oil, gas or minerals or incidental to the drilling, testing, abandoning, or other operation of an oil or gas well or a surface or underground mine or mineral deposit;
(e) A person who only furnishes materials, supplies or equipment without that person installing or fabricating them into or consuming them in the performance of the work of the construction contractor;
(f) A person performing work on one (1) undertaking or project considered casual, minor, or inconsequential, whether by one (1) or more contracts, the aggregate contract price of which, for labor and materials and all other items, is less than two thousand dollars ($2,000). The exemptions prescribed in this paragraph (f) shall not apply when the work or construction is part of a larger construction project, whether undertaken by the same or a different construction contractor, or in which a division of the operation is made into contracts of amounts of less than two thousand dollars ($2,000) for the purpose of evasion of this chapter or otherwise;
(g) A farmer or rancher while engaged in a farming, dairying, agriculture, viticulture, horticulture, or stock or poultry operation;
(h) A person who engages in the construction of an agriculture building which is exempt from the Idaho building code act as set forth in section 39-4116, Idaho Code;
(i) An irrigation district, canal company, reservoir district, ground water district, water district, water measurement district, recharge district, flood control district, drainage district, or other water delivery or water management entity, or an operating agent of irrigation districts whose board consists of directors of its member districts;
(j) An operation related to clearing or other work upon land in rural districts for fire prevention purposes;
(k) An owner who contracts for work to be performed by a registered contractor on his own property, provided however, this exemption shall not apply to an owner who, with the intent to evade this chapter, constructs a building, residence or other improvement on the owner’s property with the intention and for the purpose of selling the improved property at any time during the construction or within twelve (12) months of completion of such construction;
(l) An owner performing construction on the owner’s personal residential real property, whether or not occupied by the owner, provided however, this exemption shall not apply to an owner who is otherwise regulated by this chapter who constructs a building, residence or other improvement on the owner’s property with the intention and for the purpose of promptly selling the improved property, unless the owner has continuously occupied the property as the owner’s primary residence for not less than twelve (12) months prior to the sale of such property;
(m) Owners of commercial properties, or lessees of commercial properties with the consent of the owner, who, whether themselves or with their own employees, perform maintenance, repair, alteration or construction work in or upon the properties;
(n) A real estate licensee acting within the scope of his license pursuant to chapter 20, title 54, Idaho Code, who, incident to a regulated real estate transaction, assists his clients in scheduling or performing nominal maintenance and repairs upon such properties being transferred; provided however, nothing in this section shall otherwise authorize a real estate licensee or a property manager to act in the capacity of a contractor unless registered with the board;
(o) A contractor engaged in the logging industry who builds forest access roads for the purpose of harvesting and transporting logs from forest to mill;
(p) A person working on the person’s own residence, if the residence is owned by a person other than the resident;
(q) A person who engages in the construction of buildings to be used primarily for industrial chemical process purposes as set forth in section 39-4103, Idaho Code; or
(r) A person who engages in the construction of a modular building as defined in section 39-4301, Idaho Code, that is constructed in the state of Idaho for installation on a building site outside the state.
[54-5205, added 2005, ch. 153, sec. 1, p. 472; am. 2007, ch. 252, sec. 13, p. 748.]
(1) The Idaho contractors board is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the division administrator to administer this chapter, and the division administrator shall exercise such powers and duties as are reasonably necessary to enforce the provisions of this chapter. The board may promulgate such rules as may be necessary to carry out the provisions of this chapter in order to effectuate the purposes herein and for the orderly and efficient administration thereof, except as may be limited or prohibited by law and the provisions of this chapter.
(2) The board shall consist of four (4) members who are contractors, and one (1) member of the public at large, all of whom shall be appointed by the governor as follows: one (1) contractor from the northern district consisting of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner counties; one (1) contractor from the southeastern district consisting of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock counties; one (1) contractor from the southwestern district consisting of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley counties; one (1) contractor from the south central district consisting of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties. The one (1) member of the public at large shall reside in the state of Idaho and be a person of integrity and good reputation who has lived in this state for at least five (5) years immediately preceding appointment, who has never been registered as a contractor in this or another state, and who has never had a substantial personal, business, professional or pecuniary connection with a contractor except as a purchaser or owner of real property.
(3) Each member of the board who is a contractor shall serve a term of four (4) years. No member of the board may be appointed to more than two (2) consecutive terms, and all board members shall serve at the pleasure of the governor.
(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties, but not less than once during each calendar quarter. At the board’s first meeting, the members shall elect one (1) of their number to be chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms. A majority of the board shall constitute a quorum for the transaction of business.
(5) The board may delegate to the division administrator:
(a) The power to perform ministerial functions, investigate and discipline, hold hearings, appoint hearing officers, summon witnesses to appear, administer oaths and take affirmations of witnesses at any formal proceeding or before a duly appointed hearing officer;
(b) The power to appoint competent persons to issue subpoenas, administer oaths and take testimony; and
(c) The power to enforce orders of the board.
(6) Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.
(7) On and after January 1, 2006, each member of the board who is a contractor shall be registered in accordance with this chapter and shall be in good standing.
[54-5206, added 2005, ch. 153, sec. 1, p. 474; am. 2008, ch. 107, sec. 1, p. 304; am. 2016, ch. 340, sec. 44, p. 963; am. 2021, ch. 222, sec. 37, p. 649.]
The board shall enforce the minimum standards and requirements as provided by this chapter and by rule adopted by the board. The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter and it may, among other things:
(1) Accept or reject applications for registration and establish the fees to be charged for application, registration and renewal, subject to the provisions of this chapter;
(2) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of contracting and to the public upon request;
(3) Furnish standards and procedures and prescribe reasonable rules for applications, qualifications and registration of contractors, including proration of registration fees and staggering initial annual registration;
(4) Under such rules as it may adopt, investigate, classify and determine the qualifications of applicants for registration pursuant to this chapter; and
(5) Contract with the division of occupational and professional licenses to provide administrative services.
[54-5207, added 2005, ch. 153, sec. 1, p. 475; am. 2022, ch. 94, sec. 64, p. 324; am. 2023, ch. 218, sec. 17, p. 639.]
A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5, title 45, Idaho Code. This section shall not operate as a denial of lien rights for any subcontractor or independent contractor who is duly registered in accordance with this chapter and who is performing services at the direction of another contractor, nor shall it operate as a denial of lien rights for any employee of any contractor who is not duly registered, or for any supplier of materials to such unregistered contractor, so long as such subcontractor, independent contractor, employee or supplier did not have actual knowledge that such contractor was not duly registered, or who reasonably believed that such contractor was duly registered.
[54-5208, added 2005, ch. 153, sec. 1, p. 476.]
(1) On and after January 1, 2006, no building inspector or such other authority of any county, municipality or district charged with the duty of issuing building permits or other permits for construction of any type shall issue any permit without first requesting presentment of an Idaho contractor’s registration number. Such registration number presented shall be conspicuously entered on the face of a permit so issued; provided however, a permit may be issued to a person otherwise exempt from the provisions of this chapter provided such permit shall conspicuously contain the phrase "no contractor registration provided" on the face of such permit. No authority charged with the duty of issuing such permit shall be required to verify that the person applying for such permit is exempt as provided in this chapter.
(2) All building permits or other permits for construction of any type shall be posted at the construction site in such a manner that the conspicuous statements set forth in subsection (1) of this section are visible.
(3) No person engaged in construction activities who is otherwise exempt as set forth in section 54-5205, Idaho Code, shall be required to have a contractor registration number.
[54-5209, added 2005, ch. 153, sec. 1, p. 476.]
(1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the board and which shall include the following information pertaining to the applicant:
(a) Social security number for natural persons or employer tax identification number for other persons;
(b) The name and address under which the applicant conducts business;
(c) The name and address of each principal, member, partner, shareholder, or any other person claiming an ownership interest in the business entity for which registration is being applied for;
(d) A certificate issued by an insurance company authorized to do business in the state of Idaho or other satisfactory proof that the applicant has procured and has in effect worker’s compensation insurance or a statement by the contractor as to why such certificate or coverage is not required for the applicant;
(e) A certificate issued by an insurance company authorized to do business in the state of Idaho that the applicant has procured and has in effect a general liability policy, including products and completed operations insurance covering the applicant’s construction operations in the sum of not less than three hundred thousand dollars ($300,000) single limit. The name of the insurance company, the insured and policy number shall be made available only to persons or their insurers stating that they possess a claim against the contractor;
(f) A statement of the type of construction to be undertaken by the applicant, or such other information as may be required by the board pursuant to administrative rules adopted by the board; and
(g) A statement that the applicant and each principal, member, partner, shareholder or any other person claiming an ownership interest in the business entity for which registration is being applied for herein has never been denied, surrendered or had revoked a contractor’s license or registration privilege in this or any other state or, if a license or registration privilege has been denied, surrendered or revoked in this or any other state, an explanation of any such denial, surrender or revocation.
(2) Along with such application, the applicant shall submit a registration fee as may be set by the board to cover its administrative and enforcement costs, not to exceed one hundred fifty dollars ($150) per year.
(3) An application for registration that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases.
[54-5210, added 2005, ch. 153, sec. 1, p. 476; am. 2009, ch. 89, sec. 1, p. 258.]
(1) A registration shall be issued for a period of not less than twenty-four (24) months nor more than five (5) years, as determined by the board. Each registration shall set forth its expiration date on the face of the certificate. No less than thirty (30) days prior to the expiration of such registration, the board shall notify a registered contractor that such registration is set to expire.
(2) A registered contractor in this state who is not engaging in business as a contractor as defined in this chapter may be issued an inactive registration. The registered contractor must submit the fee set by board rule and a written request for an inactive registration. Each inactive registration shall be issued for a period of twenty-four (24) months. A registered contractor holding an inactive registration may not engage in business as a contractor in this state and does not need to keep current insurance coverage as required by this chapter. A registered contractor wishing to convert an inactive registration to an active registration must pay the fee as defined by board rule and provide proof of current insurance coverage as required by this chapter.
(3) Reinstatement of a lapsed registration shall require the payment of a renewal fee and reinstatement fee in accordance with the administrative rules adopted by the board. The failure of any registered contractor to renew his registration as required herein and by the administrative rules of the board shall not deprive such person of the right to renewal upon subsequent application for registration and payment of the required board fees.
[54-5211, added 2005, ch. 153, sec. 1, p. 477; am. 2020, ch. 320, sec. 1, p. 919; am. 2024, ch. 86, sec. 46, p. 417.]
All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
[54-5212, added 2005, ch. 153, sec. 1, p. 477; am. 2022, ch. 94, sec. 65, p. 325.]
(1) On and after January 1, 2007, no incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this state shall implement its own program for the registration or licensure of construction contractors.
(2) A contractor may provide a verified copy of any current and unrestricted license, registration, or other type of certification granted to the contractor by any incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this state issued pursuant to a duly adopted and enacted ordinance prior to January 1, 2007, to the board for review, along with a reciprocal registration fee not to exceed fifty dollars ($50.00), as determined by board rule, which is necessary for the administration and processing of such application. If the review indicates that the license, registration or certification was granted under provisions that were not less stringent than those provided by this chapter, the applicant shall be issued a registration based upon reciprocal registration.
[54-5213, added 2005, ch. 153, sec. 1, p. 478; am. 2007, ch. 183, sec. 1, p. 531.]
. (1) Upon receipt of a duly completed application, together with the registration fee, and after such verification process as the board may from time to time deem appropriate by rule, a certificate of registration and a wallet-sized card showing the registrant’s name and showing a registration number shall be issued, commencing on the date of issue and continuing in effect for a period of not less than one (1) year nor more than five (5) years, as determined by the board. Application for renewal of registration shall be filed on or before thirty (30) days prior to the expiration date. The board shall issue a certificate of registration to an applicant upon the applicant’s compliance with the registration requirements of this chapter. Certificates shall not be assignable nor transferable. Upon any change of ownership or a change of address of a registered contractor entity, the board shall be notified by such entity within thirty (30) days. A certificate of registration, without the payment of a registration fee, shall be issued to any person who is granted a public works contractor license or a construction manager license, so long as those requirements for licensure in Idaho are met.
(2) A contractor registered pursuant to this chapter shall prominently display his contractor registration number for public view in his place of business, on advertising, contracts, permits, company or business letterheads, and purchase orders and subcontracts within sixty (60) days of issue of registration.
[54-5214, added 2005, ch. 153, sec. 1, p. 478.]
(1) The board may investigate any person engaged in contracting within the state of Idaho or any person believed to have acted as a contractor without being duly registered as required by this chapter. Upon receipt of a written complaint from a person who claims to have been injured or defrauded by such person, or upon information received by the board, the board shall perform an investigation of the facts alleged against such person. If the board investigation reveals that the facts alleged or received are sufficient to proceed with a formal action, the board may authorize the filing of an administrative complaint against such person and may seek injunctive relief prohibiting such person from engaging in construction.
(2) The board shall have the authority to issue informal letters of reprimand, suspend or revoke a registration, impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) or to issue a formal reprimand against any registered contractor if, after an opportunity for a hearing, the board determines that:
(a) A contractor has violated any of the provisions of this chapter including, but not limited to, failure to keep current or provide insurance coverage as required by this chapter;
(b) A contractor has violated any of the provisions of chapter 6, title 48, Idaho Code, relating to consumer protection including, but not limited to, making fraudulent misrepresentations to consumers;
(c) A contractor employed fraud or deception, made a misrepresentation or misstatement, or employed any unlawful means in applying for or securing registration as a contractor;
(d) A contractor employed fraud or deception, made a misrepresentation or misstatement, or employed any unlawful means in applying for or securing a building permit or other permits for construction of any type;
(e) A contractor failed to pay the required fee for registration as provided in this chapter;
(f) A contractor has been convicted of or has engaged in conduct constituting a violation of public laws, ordinances or rules of this state, or any subdivision thereof, relevant to contracting, reflecting on the registered contractor’s ability or qualifications to continue contracting for other persons, and making the registered contractor a threat to the public safety, health or well-being;
(g) A contractor has engaged in any other conduct whether of the same or a different character than hereinabove specified which constitutes dishonest or dishonorable dealings;
(h) A contractor had a license, registration or certification revoked, suspended or refused by this or another state, territory, incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this or another state, or omitted such information from any application to the board, or failed to divulge such information when requested by the board;
(i) A contractor has been adjudged mentally incompetent by a court of competent jurisdiction; or
(j) A contractor interfered with an investigation or disciplinary proceeding by a willful misrepresentation of facts or by the use of threats or harassment against any person to prevent such person from providing evidence in a disciplinary proceeding, investigation or other legal action instituted in accordance with this chapter.
(3) A contractor whose registration has been revoked or suspended shall be required to return his certificate of registration within the time determined by the board or, upon a failure to do so, shall be liable for civil penalties as set by the board but not to exceed fifty dollars ($50.00) per day for each day the certificate is not returned after the expiration of the period allowed.
(4) The suspension or revocation of a registration shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases.
(5) The assessment of attorney’s fees and costs incurred in the investigation and prosecution or defense of a person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-5215, added 2005, ch. 153, sec. 1, p. 478; am. 2018, ch. 348, sec. 21, p. 817; am. 2020, ch. 320, sec. 2, p. 919.]
The board may reinstate a suspended or revoked registration upon a showing that:
(1) The grounds for such suspension or revocation have been eliminated;
(2) Such a violation is not likely to reoccur in the future; and
(3) The public interest is not jeopardized by reinstating the registration.
[54-5216, added 2005, ch. 153, sec. 1, p. 480.]
(1) Any person acting in the capacity of a contractor within the meaning of this chapter without a current registration as herein required shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment, in the discretion of the court.
(2) No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that he was a duly registered contractor, or that he was otherwise exempt as provided for in this chapter, at all times during the performance of such act or contract.
[54-5217, added 2005, ch. 153, sec. 1, p. 480.]
It shall be the right and duty of the attorney general or the prosecuting attorneys of the various counties to represent and appear for the people of the state of Idaho and the department in all actions and proceedings involving any question under this chapter or under any order or act of the board and to perform such other services as are required.
[54-5218, added 2005, ch. 153, sec. 1, p. 480.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[54-5219, added 2005, ch. 153, sec. 1, p. 480.]
This chapter shall be known and may be cited as the "Idaho Liquefied Petroleum Gas Public Safety Act."
[(54-5301) 54-5101, added 2005, ch. 143, sec. 1, p. 441; am. and redesig. 2006, ch. 16, sec. 8, p. 51.]
(1) In order to protect the public health, safety and welfare, every person practicing or offering to practice as a liquefied petroleum gas dealer as herein defined shall submit evidence of meeting such education, experience and examination qualifications as hereinafter provided and be licensed in accordance with the provisions of this chapter.
(2) In order to protect the public health, safety and welfare, it shall be unlawful to own or operate any facility engaged in liquefied petroleum gas facility operation unless such facility is licensed in accordance with the provisions of this chapter.
(3) Every person so licensed and every facility so licensed shall maintain prescribed standards of competence, conduct and operation, and shall annually renew said license in order to continue such practice or operation. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
(4) Notwithstanding any other provisions of law pertaining to the installation of plumbing and heating, ventilation, and air conditioning systems, and except as provided in section 54-5305, Idaho Code, the provisions of this chapter shall govern all persons and entities engaged in the outdoor installation of any liquefied petroleum gas storage tank, or outdoor piping from the storage tank through the second stage regulator.
[(54-5302) 54-5102, added 2005, ch. 143, sec. 1, p. 441; am. and redesig. 2006, ch. 16, sec. 9, p. 52; am. and redesig. 2006, ch. 110, sec. 1, p. 303.]
(1) "Board" means the liquefied petroleum gas safety board.
(2) "Department" means the department of self-governing agencies.
(3) "Division" means the division of occupational and professional licenses.
(4) "Good moral character" means the absence of any behavior that violates accepted standards of the community including, but not limited to:
(a) Conviction or plea of guilty to a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Habitual use of drugs or intoxicants to such a degree as to render a person unfit and unreliable to practice;
(c) Revocation or suspension or other restriction of any license or certificate in any state in the previous five (5) years; and
(d) Failure to pay final judgments in any state in the previous seven (7) years.
(5) "License" means a physical document issued by the division certifying that a person or facility has met the appropriate qualifications and has been granted the authority to practice or operate in Idaho under the provisions of this chapter.
(6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material that is composed predominantly of or by the mixture of any of the following hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.
(7) "LPG facility" means any facility at a fixed location licensed pursuant to this chapter whose activities include selling, filling, refilling, or commercial handling or commercial storage of LPG.
(8) "LPG dealer" means any person licensed pursuant to this chapter who engages in LPG dealer practice.
(9) "LPG dealer practice" means a person engaging in the selling, filling, refilling, transporting, delivering, or commercial handling of LPG, or engaging in the installation or maintenance of systems, equipment, pipes or containers for the use or storage of LPG.
(10) "LPG code" means the liquefied petroleum gas code adopted by the national fire protection association, inc., commonly known as NFPA 58.
[(54-5303) 54-5103, added 2005, ch. 143, sec. 1, p. 442; am. and redesig. 2006, ch. 16, sec. 10, p. 52; am. 2020, ch. 175, sec. 37, p. 543; am. 2022, ch. 94, sec. 66, p. 325.]
(1) It shall be unlawful for any person to practice or to offer to engage in any practice governed by this chapter, or display a sign or in any other way advertise or represent oneself as a person who engages in such practices, unless duly licensed in accordance with this chapter. The license shall be posted in the person’s established place of business or carried upon the person, and shall be presented upon demand as proof of licensing.
(2) A person, corporation, partnership, trust, association or other legal entity may maintain an established facility for engaging in an operation governed by this chapter, provided that such facility is properly licensed pursuant to this chapter. No person, corporation, partnership, trust, association or other legal entity may operate or conduct business under an assumed business name unless such operation or business is registered in accordance with the rules of the board.
(3) All holders of individual or facility licenses shall notify the board in writing of any change of address of office or established place of business within thirty (30) days of such change.
(4) All holders of individual or facility licenses shall report to the board and provide official documentation of any name change within thirty (30) days after the change becomes final.
[(54-5304) 54-5104, added 2005, ch. 143, sec. 1, p. 442; am. and redesig. 2006, ch. 16, sec. 11, p. 53.]
(1) The provisions of this chapter shall not apply to persons or entities engaging in the activities of selling, filling, refilling, transporting, delivering, or the commercial handling of natural gas or petroleum distillates, or persons engaging in the installation or maintenance of equipment used in the selling or handling or use of natural gas or petroleum distillates.
(2) The provisions of this chapter shall not apply to persons engaged in the dispensing of LPG into portable containers.
(3) The provisions of this chapter shall not apply to facilities engaged in the sale or exchange of portable containers possessing LPG.
[(54-5305) 54-5105, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 12, p. 53.]
(1) The board shall issue a license to each applicant who submits the required information on an application form provided by the board together with the supporting documentation and the required fees, and who demonstrates to the satisfaction of the board that the applicant meets the education, experience, and examination requirements, or the facility requirements, of this chapter and the rules adopted thereto.
(2) Whenever the board determines that another state or country has licensing requirements substantially equivalent to or higher than those in effect pursuant to this chapter, the board may, upon receipt of the required application, supporting documentation, and required fee, issue licenses to applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned licenses in such other state or country. The board, in its discretion, may require by rule that applicants who received their professional education or experience outside of the United States provide additional information to the board concerning such professional education or experience. The board may also, in its discretion, require successful completion of additional course work or examination.
[(54-5306) 54-5106, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 13, p. 53.]
Except as herein otherwise provided, the following shall be considered minimum requirements for a dealer’s license. All applicants shall:
(1) Provide verification acceptable to the board of:
(a) Being at least eighteen (18) years of age; and
(b) Never having had a license revoked or otherwise sanctioned as part of disciplinary action from this or any other state; and
(c) Never having been convicted of, found guilty of, or received a withheld judgment or suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(d) Never having been found by the board to have engaged in conduct prohibited by this chapter.
The board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for a license.
(2) Provide documentation satisfactory to the board that the applicant has successfully completed a certified educational training program approved by the board.
(3) Provide documentation satisfactory to the board that the applicant has successfully completed such experience as may be required by the board.
(4) Provide documentation that the applicant has successfully passed an examination approved by the board.
(5) Prior to July 1, 2006, the board may deem other education, experience, or examinations equivalent to the licensing requirements set forth in this chapter, provided that the board is satisfied, and the applicant provides documentation acceptable to the board that such applicant has:
(a) Documented experience in this state prior to July 1, 2005, in the LPG industry; and
(b) Practiced for not less than five (5) years in the field for which such applicant is applying for a license; and
(c) Applied for a license prior to July 1, 2006.
[(54-5307) 54-5107, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 14, p. 54; am. 2020, ch. 175, sec. 38, p. 544; am. 2022, ch. 246, sec. 33, p. 809.]
(1) The board shall issue a facility license to any person, corporation, partnership, trust, association or other legal entity to operate at specific locations only. No facility license shall be transferable, but an applicant may make application for more than one (1) facility license as long as all of the requirements are met for each license individually. Except as herein otherwise provided, the following shall be considered minimum requirements for a facility license:
(a) That the applicant is lawfully entitled to do business within the United States;
(b) That the applicant has not been refused a license for a facility, or its equivalent, or had a personal or facility license revoked in Idaho or in any other state;
(c) That the applicant has designated the name under which the facility will operate and has designated a specific location for which the facility license is to be issued;
(d) For a facility with a storage capacity of four thousand one (4,001) gallons or more, that the applicant has at least one (1) dealer licensed under this chapter who is a resident of the state of Idaho and who is, and will be, responsible for the operation of the facility;
(e) That the applicant has filed an application and paid the required filing fee;
(f) That the applicant’s facility meets the requirements of the LPG code, except as designated by the board by rule;
(g) All applications for facility licenses are in writing and contain the name of the applicant, the address, and location of the facility and a description of the type of structure and equipment to be used in the operation of the facility and such further information as may be required by the board to ensure the safe operation of the facility and its compliance with the requirements of this chapter;
(h) The person responsible for the operation of a facility maintains such records documenting the storage, transportation, dispensation and utilization of LPG as may be required by the laws of the state of Idaho and the rules adopted by the board;
(i) In the event a licensed facility ceases to have a licensed dealer in its employ responsible for operation of the facility, all operation involving practices regulated under this chapter shall cease and written notification of such fact shall be submitted immediately to the board. In the event a licensed facility fails to have a licensed dealer in its employ responsible for the facility within thirty (30) days of said notice, the facility license shall be summarily suspended until a licensed dealer is so employed; and
(j) A certificate issued by an insurance company authorized to do business in the state of Idaho as proof that the applicant has procured and has in effect a general liability policy in the sum of not less than one million dollars ($1,000,000) single limit.
(2) The board may adopt rules setting forth minimum general standards covering the design, construction, location, installation and operation of systems, equipment, pipes and containers for storing, handling, transporting by tank truck or tank trailer, and using liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
(3) The board shall adopt inspection rules regarding LPG facilities.
(4) The division of occupational and professional licenses shall collect a fee not to exceed five hundred dollars ($500) for each application, each original license, and per renewal year of any facility license issued pursuant to this chapter and shall deposit all fees in the state treasury in accordance with section 67-2608, Idaho Code. The actual fees shall be set by board rule. Fees paid under the provisions of this chapter shall not be refunded unless otherwise specified herein.
[(54-5308) 54-5108, added 2005, ch. 143, sec. 1, p. 444; am. and redesig. 2006, ch. 16, sec. 15, p. 55; am. and redesig. 2006, ch. 110, sec. 2, p. 303; am. 2007, ch. 198, sec. 1, p. 603; am. 2009, ch. 74, sec. 1, p. 208; am. 2021, ch. 224, sec. 75, p. 689; am. 2022, ch. 94, sec. 67, p. 326; am. 2024, ch. 86, sec. 47, p. 417.]
(1) There is hereby established in the division of occupational and professional licenses the Idaho liquefied petroleum gas safety board and the members thereof shall be appointed by the governor. In making appointments, the governor shall give consideration to recommendations submitted by the rocky mountain propane association and from any individual residing in this state.
(2) The board shall consist of five (5) members, two (2) of whom shall be licensed dealers pursuant to the provisions of this chapter; and one (1) of whom shall be a volunteer firefighter in a rural area of the state; and one (1) of whom shall be a firefighter employed by a city fire department in the state; and one (1) of whom shall be a representative of the general public not employed or otherwise connected with the practices or operations regulated pursuant to this chapter.
(3) The members of the first board shall serve for the following terms: one (1) dealer member shall serve for one (1) year; one (1) firefighter member shall serve for two (2) years; one (1) dealer member shall serve for three (3) years; and one (1) firefighter member and the public member shall each serve for four (4) years. Each member shall serve from the effective date of appointment or until a successor is duly appointed and qualified. Upon the expiration of the term of any member of the board, the governor shall appoint the subsequent member for a term of four (4) years. No member shall be appointed for more than two (2) successive terms.
(4) Board members shall serve at the pleasure of the governor.
(5) Three (3) members of the board shall constitute a quorum, and may exercise all the power and authority conferred on the board.
(6) The members shall meet annually and elect from among the members by majority vote of those present a chairman who shall serve for one (1) year.
(7) The board shall meet no less than annually at such times and at such places as may be specified by the chairman or by the written request of at least two (2) members.
(8) Each member of the board shall be compensated as provided in section 59-509(n), Idaho Code.
[(54-5309) 54-5109, added 2005, ch. 143, sec. 1, p. 445; am. and redesig. 2006, ch. 16, sec. 16, p. 56; am. 2007, ch. 198, sec. 2, p. 604; am. 2010, ch. 158, sec. 1, p. 332; am. 2016, ch. 340, sec. 45, p. 964; am. 2021, ch. 222, sec. 38, p. 650.]
The powers and duties of the board are as follows, to:
(1) Authorize all disbursements necessary to carry out the provisions of this chapter;
(2) Approve and administer qualifying examinations to test the knowledge and competence of applicants for a license;
(3) Supervise the approval and issuance of licenses as provided in this chapter, and to license persons who apply to the board and who are qualified pursuant to this chapter;
(4) Renew licenses to persons who apply to the board and who are qualified pursuant to this chapter;
(5) Accept complaints and conduct investigations concerning alleged violations of the provisions of this chapter;
(6) Require and conduct inspections of facilities licensed pursuant to this chapter;
(7) Conduct disciplinary proceedings and take such action as may be appropriate for any violation of this chapter;
(8) Authorize, by written agreement, the division of occupational and professional licenses as agent to act in its interest;
(9) Impose reasonable costs, investigative expenses and attorney’s fees incurred in enforcing the provisions of this chapter upon a licensee found to have violated one (1) or more provisions of this chapter;
(10) Enforce all provisions of this chapter and board rules including, but not limited to, issuing subpoenas, and obtaining restraining orders and injunctions prohibiting conduct in violation of the provisions of this chapter; and
(11) Make and publish rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter. The rules relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, piping, containers, apparatus or appliances shall be just and reasonable and shall conform, except as established by board rule, to the standards of the LPG code relating to the design, construction, installation and use of systems, piping, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.
[(54-5310) 54-5110, added 2005, ch. 143, sec. 1, p. 446; am. and redesig. 2006, ch. 16, sec. 17, p. 56; am. 2022, ch. 94, sec. 68, p. 327.]
(1) The board shall approve or disapprove all applications, and in the event an application is disapproved, the board shall promptly return to the applicant the license fee. Within fifteen (15) days after the denial of a license, the board shall notify the applicant of the denial and specify the reasons for the denial.
(2) If the applicant is qualified for licensing pursuant to the provisions of this chapter, the board shall approve the application and issue a license for the appropriate classification according to section 54-5312, Idaho Code.
(3) If the application for a facility license is complete and meets the provisions of this chapter, and the applicant attests that the equipment used at the facility complies with the minimum safety standards established by the board, the board shall approve the application and issue a license for the appropriate classification according to section 54-5312, Idaho Code.
[(54-5311) 54-5111, added 2005, ch. 143, sec. 1, p. 446; am. and redesig. 2006, ch. 16, sec. 18, p. 57.]
For the purpose of administering the provisions of this chapter, the board may issue licenses in such types and classifications as may be necessary and as determined by board rule. Such license types may include, but not be limited to:
(1) An LPG dealer;
(2) An LPG facility;
(3) Any other licenses for persons, businesses or facilities engaged in activities regulated under this chapter that the board determines require a license and are not otherwise exempt under the provisions of this chapter.
[(54-5312) 54-5112, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 19, p. 58.]
(1) The division of occupational and professional licenses shall, upon the approval of the board and subject to the provisions of this chapter, register and issue licenses to persons who have been approved by the board in accordance with this chapter. The licenses shall bear on their face the seal of the state and the signature of the division administrator of the division of occupational and professional licenses and shall be effective until the next birthday of the person being licensed. Licenses so issued shall be renewed biennially in accordance with section 67-2614, Idaho Code. The provisions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this chapter.
(2) The board shall keep and the division shall maintain a record of board proceedings and a register of all applications that show:
(a) The name, age, social security number and residency of each applicant;
(b) The date of application;
(c) The place of business of such applicant;
(d) The educational and other qualifications of each applicant;
(e) Whether or not an examination was required;
(f) Whether the applicant was denied;
(g) Whether a license was issued;
(h) The dates of the action by the board;
(i) Compliance with continuing education requirements; and
(j) Such other information as may be deemed necessary by the board.
(3) The division of occupational and professional licenses shall collect a fee not to exceed two hundred dollars ($200) for each application, each original license, and per renewal year of any license issued pursuant to this chapter and shall deposit all fees in the state treasury in accordance with section 67-2608, Idaho Code. The actual fees shall be set by board rule. The division shall also collect a fee equal to that charged by the examination provider when an examination is required as a condition of licensing. Fees paid under the provisions of this chapter shall not be refunded unless otherwise specified herein.
(4) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be charged against and paid from said fund.
[(54-5313) 54-5113, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 20, p. 58; am. 2021, ch. 224, sec. 76, p. 690; am. 2022, ch. 94, sec. 69, p. 327; am. 2024, ch. 86, sec. 48, p. 418.]
(1) Any license issued under the provisions of this chapter shall not be transferable to any other person, firm, association, partnership, corporation or legal entity, and shall be valid only for the particular premises and particular persons described thereon.
(2) Whenever there is any transfer or change in the ownership of a facility, or whenever there is any change of name or address, such change shall be reported to the board within thirty (30) days together with such documentation as may be required.
[(54-5314) 54-5114, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 21, p. 59.]
The board shall have the power to refuse to issue a license or revoke, suspend, refuse to renew, or otherwise sanction any license issued pursuant to the provisions of this chapter for any of the following:
(1) Procuring a license or registration by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license or through any form of fraud or misrepresentation;
(2) Being convicted of a felony;
(3) Misrepresentation or fraudulent representation in the performance of any duty, conduct or activity regulated under this chapter;
(4) Violating the provisions of this chapter or any rules of the board or any code of conduct or ethical standards adopted by the board;
(5) Being incompetent; or
(6) Failing to provide appropriate and personal supervision, if acting as the designated supervisor, to any person gaining experience under the provisions of this chapter.
[(54-5315) 54-5115, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 22, p. 59; am. 2022, ch. 94, sec. 70, p. 328; am. 2025, ch. 151, sec. 5, p. 741; am. 2026, ch. 221, sec. 26, p. 953.]
Any person who shall practice or offer to practice as an LPG dealer or any person who shall operate or attempt to operate an LPG facility as defined in this chapter, without first having a valid and current and unsuspended license issued under the provisions of this chapter, shall be guilty of a misdemeanor and, for each violation, shall be subject to punishment by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months, or both.
[(54-5316) 54-5116, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 23, p. 60.]
It shall be the duty of the prosecuting attorney of each county to prosecute all violations of this chapter constituting a violation of criminal law and it shall be the duty of the attorney general of the state of Idaho to prosecute any administrative actions brought under the provisions of this chapter as requested by the board.
[(54-5317) 54-5117, added 2005, ch. 143, sec. 1, p. 448; am. and redesig. 2006, ch. 16, sec. 24, p. 60.]
(1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:
(a) The actual damages to the container lessor, including incidental and consequential damages and attorney’s fees; or
(b) Five hundred dollars ($500) for each violation.
(2) The burden of ascertaining the terms of a written lease for purposes of subsection (1) of this section is on the person filling the liquefied petroleum gas container. A person has ascertained the terms of a written lease if he has:
(a) Read the lease;
(b) Received the assurance of the container owner that the lease does not prohibit the person from filling the container;
(c) Obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or
(d) The leased liquefied petroleum gas container is clearly labeled, near the container fill point, as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.
(3) If a lessee misrepresents his ownership or the terms of his written lease, the lessee who made the misrepresentation, and not the person filling the tank, is liable for the damages under subsection (1) of this section.
(4) If a written liquefied petroleum gas container lease restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:
(a) Typing the restriction in at least two-point larger type than the majority of the document type;
(b) Underlining the restriction; or
(c) Typing the restriction in boldface type.
(5) A lessor whose liquefied petroleum gas container lease does not comply with the provisions of subsection (4) of this section is disqualified from protection under this section.
[54-5318, added 2019, ch. 91, sec. 1, p. 335.]
This chapter shall be known and may be cited as the "Idaho Driving Businesses Act."
[54-5401, added 2009, ch. 251, sec. 2, p. 765; am. 2020, ch. 213, sec. 1, p. 621.]
As used in this chapter:
(1) "Board" means the Idaho driving businesses licensure board, which will act as the state regulatory body for driving businesses hereinafter provided in this chapter.
(2) "Driver education" means classroom instruction and behind-the-wheel driving time.
(3) "Driving business" means any driver education business established for the education of students in a classroom or motor vehicle, or both, which education shall not qualify a student for a commercial driver’s license. A driving business shall not include an education program run by a church, synagogue, or refugee program or an accident prevention course taught, regulated, or licensed by the transportation department.
(4) "Driving instructor" means a person who is licensed by the board to teach the classroom instruction phase and behind-the-wheel training phase of automobile driver training. This term does not apply to any independent certified driving instructor who participates in a state or federal program directed at training or retraining persons in occupational skills or to instructors who operate or work for public driving businesses that are overseen by the state department of education.
(5) "License" means a document issued by the division of occupational and professional licenses on behalf of the board officially documenting the individual’s right to practice as a driving instructor or to operate a driving business within the state of Idaho.
[54-5402, added 2009, ch. 251, sec. 2, p. 765; am. 2020, ch. 213, sec. 2, p. 621; am. 2022, ch. 94, sec. 71, p. 329.]
(1) A driving businesses licensure board is hereby established in the division of occupational and professional licenses whose duty it shall be to administer the provisions of this chapter.
(2) The board shall consist of five (5) members appointed by the governor. The governor may consider recommendations for appointment to the board from the Idaho association of professional driving businesses, any association of driving businesses or from any individual residing in this state. The board shall consist of four (4) members who are licensed under this chapter and one (1) member of the public. At least one (1) member shall be a driving business owner.
(3) Members shall serve at the pleasure of the governor. Board members shall be appointed for a term of three (3) years. No member of the board may be appointed to more than two (2) consecutive terms. Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. In the event of a vacancy other than expiration of a term, the governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term.
(4) Members of the board shall be citizens of the United States and residents of this state and shall never have been the subject of a disciplinary action under the provisions of section 54-5409, Idaho Code.
(5) The board shall:
(a) Enforce the minimum standards and requirements as provided in this chapter and by rule adopted by the board. The board may promulgate such rules, in compliance with chapter 52, title 67, Idaho Code, as may be necessary to carry out the provisions of this chapter in order to effectuate the purposes herein and for the orderly and efficient administration thereof, except as may be limited or prohibited by law and the provisions of this chapter;
(b) Accept or reject applications for licensing, business, and instruction and establish the fees to be charged for original application and renewal, subject to the provisions of this chapter;
(c) Hold and attend public meetings and furnish copies of information to those engaged in the business and to the public upon request;
(d) Review and approve instructor training curriculum and programs;
(e) Contract with the division of occupational and professional licenses to provide administrative services;
(f) Include a link on the division of occupational and professional licenses’ website to current curriculum components offered by private driver education businesses; and
(g) Adopt rules providing for continuing education, if necessary.
(6) The board shall have the authority to conduct inspections and audits of any licensed driving business or any licensed instructor to ensure compliance with the laws and rules of the board. Failure to cooperate with an inspection or audit may constitute grounds for disciplinary action.
(7) The board shall meet at such times as may be expedient and necessary for the proper performance of its duties, but it shall not meet less than once per year.
(8) The members shall elect annually one (1) of their number to be chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms.
(9) A majority of the board shall constitute a quorum for the transaction of business.
(10) Each member of the board shall be compensated as provided by section 59-509(k), Idaho Code.
[54-5403, added 2009, ch. 251, sec. 2, p. 765; am. 2010, ch. 145, sec. 1, p. 306; am. 2014, ch. 157, sec. 1, p. 439; am. 2020, ch. 213, sec. 3, p. 621; am. 2021, ch. 222, sec. 39, p. 651.]
(1) All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. Actual fees shall be set by administrative rule.
(2) All licenses issued under the provisions of this chapter shall be subject to biennial renewal. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(3) All fees are nonrefundable.
[54-5404, added 2009, ch. 251, sec. 2, p. 767; am. 2020, ch. 213, sec. 4, p. 622; am. 2022, ch. 94, sec. 72, p. 329; am. 2024, ch. 86, sec. 49, p. 419.]
(1) No private driver training business shall be established nor shall any existing business continue to operate unless the business applies for and obtains from the board a license that expires on the license issue date and that must be renewed biennially. The application for license shall include the name of the owner, a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code, the location of the business, a certificate of occupancy for a business that offers classroom instruction in a physical classroom location, a certificate of commercial automobile insurance, a list of licensed instructors, proof of an annual vehicle check, board-approved curriculum components and a course of instruction for students that shall include the following:
(a) Not less than thirty (30) hours of classroom instruction;
(b) Not less than six (6) hours of behind-the-wheel practice driving; and
(c) Not less than six (6) hours of observation.
(2) Any private driver training business or driving instructor licensed pursuant to this chapter shall be exempt from the provisions of title 33, Idaho Code, that regulate driver education as long as such license is current and valid and the private driver training business or driving instructor is acting pursuant to activities that the license permits.
(3) Any driving business licensed pursuant to this chapter may contract with a public school to provide driver education. Any driving business that contracts with a public school to provide driver education may be allowed to use the services of any or all of the driving instructors of that driving business. Once a person has been licensed as a driving instructor, that person is authorized to teach in any approved driver education program.
(4) A driving business shall ensure that each of its employees and persons under its control who provide driver education to its students is at all times licensed under this chapter as a driving instructor or permitted as a driving instructor apprentice.
[54-5405, added 2009, ch. 251, sec. 2, p. 767; am. 2010, ch. 145, sec. 2, p. 307; am. 2017, ch. 185, sec. 1, p. 423; am. 2020, ch. 213, sec. 5, p. 623; am. 2024, ch. 86, sec. 50, p. 419; am. 2024, ch. 101, sec. 20, p. 462.]
(1) Each person applying for a driving instructor license must complete an application provided by the division of occupational and professional licenses that requires the applicant to be at least twenty-one (21) years of age and have a high school diploma or equivalent, including proof of graduation from a nonpublic school, a valid driver’s license and a satisfactory driving record from the jurisdiction from which the license was issued, a satisfactory fingerprint-based criminal history check in accordance with section 67-9411A, Idaho Code, a medical certificate, and any required completed coursework. Licensees shall certify that they hold a current medical certificate at the time of license renewal.
(2) Every new applicant for a license pursuant to this chapter shall have completed a board-approved apprenticeship training program of no fewer than thirty (30) hours of classroom instruction and fifty (50) hours of behind-the-wheel training. The board may waive, as a whole or either part, the apprenticeship for an applicant who holds a current, active and unrestricted equivalent instructor license from another state or who has the requisite training and experience as demonstrated in a manner established by board rule. Such applicant shall submit supporting documentation with the completed application and shall meet all other requirements in this chapter and in board rule.
[54-5406, added 2009, ch. 251, sec. 2, p. 767; am. 2010, ch. 145, sec. 3, p. 308; am. 2014, ch. 157, sec. 2, p. 441; am. 2020, ch. 213, sec. 6, p. 623; am. 2022, ch. 94, sec. 73, p. 329; am. 2024, ch. 101, sec. 21, p. 462; am. 2026, ch. 135, sec. 15, p. 643.]
The curriculum components for driving businesses shall be approved by the board and reviewed annually and the curriculum components must accompany any original application for a license.
[54-5407, added 2009, ch. 251, sec. 2, p. 767.]
(1) Grounds for discipline. The board shall have the power to deny any application for or renewal of a license or to revoke, suspend or otherwise sanction any such license issued pursuant to this chapter and to limit or restrict the practice of any driving instructor or driving business upon a determination by the board that the person or business:
(a) Was convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of any action constituting a crime that reflects upon the qualifications, functions, or duties of a driving business or driving business instructor;
(b) Violated the provisions of this chapter or rules, standards of conduct and practice, or any ethical codes as may be adopted by the board;
(c) Is or has been negligent or reckless in the practice of driver education; or
(d) Has had any license, certificate or registration to work as a driving instructor or operate as a driving business suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of such suspension or revocation.
(2) Every person or business subject to disciplinary proceedings shall be afforded an opportunity for hearing. All proceedings hereunder shall be in accordance with chapter 52, title 67, Idaho Code.
(3) The board may, pursuant to an order of discipline, require the person or business to pay an administrative fine not to exceed one thousand dollars ($1,000) for each violation identified in the order.
[54-5408, added 2009, ch. 251, sec. 2, p. 768; am. 2010, ch. 145, sec. 4, p. 308; am. 2020, ch. 175, sec. 39, p. 544; am. 2020, ch. 213, sec. 7, p. 624; am. 2021, ch. 321, sec. 40, p. 982.]
The following acts shall be unlawful and punishable as a misdemeanor:
(1) The violation of any of the provisions of this chapter;
(2) Permitting any person in one’s employ, supervision or control to practice as a driving instructor unless that person has complied with the provisions of this chapter;
(3) Practicing or offering to practice any of the occupations defined in this chapter, unless licensed as herein provided; and
(4) Maintaining or operating a driving business unless such business is licensed as herein provided.
[54-5409, added 2009, ch. 251, sec. 2, p. 768; am. 2026, ch. 221, sec. 27, p. 954.]
The legislature finds and declares that the practice of midwifery has been a part of the culture and tradition of Idaho since before pioneer days and that for personal, religious, and economic reasons some Idaho citizens choose midwifery care. The purpose of this chapter is to preserve the rights of families to deliver their children in a setting of their choice, to provide additional maternity care options for Idaho’s families, to protect the public health, safety, and welfare, and to provide a mechanism to assure quality care.
[54-5501, added 2024, ch. 59, sec. 2, p. 279.]
As used in this chapter:
(1) "Board" means the Idaho state board of nursing.
(2) "Certified professional midwife" or "CPM" means a person who is certified by the North American registry of midwives or any successor organization.
(3) "Client" means a woman under the care of a licensed midwife, as well as her fetus and newborn child.
(4) "Division" means the division of occupational and professional licenses.
(5) "Estimated due date" means the estimated date of delivery with a known date of conception, known date of last menstrual period, or first trimester ultrasound.
(6) "Idaho midwifery council" or "IMC" means the professional organization representing midwives in Idaho.
(7) "Licensed health care provider" means a physician or physician assistant or an advanced practice registered nurse.
(8) "Licensed midwife" means a person who holds a current license issued by the board pursuant to the provisions of this chapter to engage in the practice of midwifery and who shall be designated "L.M."
(9) "Midwifery education accreditation council" or "MEAC" means the organization established in 1991 and recognized by the United States department of education as an accrediting agency for midwifery education programs and institutions.
(10) "National association of certified professional midwives" or "NACPM" means the national organization for certified professional midwives.
(11) "NACPM essential documents" means the documents adopted by NACPM that identify the nature of and standards of practice for responsible midwifery practice.
(12) "North American registry of midwives" or "NARM" means the international certification agency that establishes and administers certification for the CPM credential.
(13) "Practice of midwifery" means providing maternity care for women and their newborns during the antepartum, intrapartum, and postpartum periods. The postpartum period for both maternal and newborn care may not exceed six (6) weeks from the date of delivery.
[54-5502, added 2024, ch. 59, sec. 2, p. 279.]
The board, in addition to the powers and duties set forth in section 54-1404, Idaho Code, shall have the authority and the responsibility to:
(1) Receive applications for licensure; determine the qualifications of persons applying for licensure; provide licenses to applicants qualified pursuant to this chapter; and renew, suspend, revoke, and reinstate licenses;
(2) Establish and collect fees for examination of applicants, for licensure, and for renewal of licenses;
(3) Establish the minimum amount and type of continuing education to be required for each licensed midwife seeking licensure renewal;
(4) Investigate complaints against persons who are licensed pursuant to this chapter;
(5) Undertake, when appropriate, disciplinary proceedings and disciplinary action against persons licensed pursuant to this chapter;
(6) Promulgate and adopt rules pursuant to chapter 52, title 67, Idaho Code, necessary to administer the provisions of this chapter. To the degree they are consistent with the provisions of this chapter, rules shall be consistent with the current job description for the profession published by NARM and consistent with standards regarding the practice of midwifery established by the NACPM or a successor organization;
(7) Authorize, by written agreement, the division of occupational and professional licenses to act as agent in its interest; and
(8) Provide such other services and perform such other functions as are consistent with the provisions of this chapter and necessary to fulfill the board’s responsibilities.
[54-5503, added 2024, ch. 59, sec. 2, p. 280.]
(1) The rules adopted by the board shall:
(a) Define a formulary and protocol for use by licensed midwives of drugs indicated for maternal care or neonatal care, as provided for in section 54-5504A, Idaho Code, that shall include methods of obtaining, storing, and disposing of such drugs and an indication for use, dosage, route of administration, and duration of treatment;
(b) Define a protocol for medical waste disposal; and
(c) Establish scope and practice standards for antepartum, intrapartum, postpartum, and newborn care that shall, at a minimum:
(i) Prohibit a licensed midwife from providing care for a client with a history of disorders, diagnoses, conditions, or symptoms that include:
Placental abnormality;
Multiple gestation, except that midwives may provide antepartum care that is supplementary to the medical care of the physician overseeing the pregnancy, as long as it does not interfere with the physician’s recommended schedule of care;
Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first;
Birth under thirty-seven and zero-sevenths (37 0/7) weeks and beyond forty-two and zero-sevenths (42 0/7) weeks gestational age;
A history of more than one (1) prior cesarean section, a cesarean section within eighteen (18) months of the estimated due date or any cesarean section that was surgically closed with a classical or vertical uterine incision;
Platelet sensitization, hematological, or coagulation disorders;
A body mass index of forty (40.0) or higher at the time of conception;
Prior chemotherapy and/or radiation treatment for a malignancy;
Previous preeclampsia resulting in premature delivery;
Cervical insufficiency;
HIV positive status; or
Opiate use that places the infant at risk of neonatal abstinence syndrome.
(ii) Prohibit a licensed midwife from providing care for a client with a history of the following disorders, diagnoses, conditions, or symptoms, unless such disorders, diagnoses, conditions, or symptoms are being treated, monitored, or managed by a licensed health care provider:
Diabetes;
Thyroid disease;
Epilepsy;
Hypertension;
Cardiac disease;
Pulmonary disease;
Renal disease;
Gastrointestinal disorders;
Previous major surgery of the pulmonary system, cardiovascular system, urinary tract, or gastrointestinal tract;
Abnormal cervical cytology;
Sleep apnea;
Previous bariatric surgery;
Hepatitis;
History of illegal drug use or excessive prescription drug use; or
Rh or other blood group disorders and a physician determines the pregnancy can safely be attended by a midwife.
(iii) Require a licensed midwife to recommend that a client see a physician licensed pursuant to chapter 18, title 54, Idaho Code, or an equivalent provision of the law of a state bordering Idaho and to document and maintain a record as required by section 54-5510, Idaho Code, if such client has a history of disorders, diagnoses, conditions, or symptoms that include:
Previous complicated pregnancy;
Previous cesarean section;
Previous pregnancy loss in second or third trimester;
Previous spontaneous premature labor;
Previous preterm rupture of membranes;
Previous preeclampsia;
Previous hypertensive disease of pregnancy;
Parvo;
Toxo;
CMV;
HSV;
Previous maternal/newborn group b streptococcus infection;
A body mass index of at least thirty-five (35.0) but less than forty (40.0) at the time of conception;
Underlying family genetic disorders with potential for transmission; or
Psychosocial situations that may complicate pregnancy.
(iv) Require that a licensed midwife facilitate the immediate transfer to a hospital for emergency care for disorders, diagnoses, conditions, or symptoms that include:
Maternal fever in labor;
Suggestion of fetal jeopardy, such as bleeding or meconium or abnormal fetal heart tones;
Noncephalic presentation at the onset of labor or rupture of membranes, whichever occurs first, unless imminent delivery is safer than transfer;
Second-stage labor after two (2) hours of initiation of pushing when the mother has had a previous cesarean section;
Current spontaneous premature labor;
Current preterm premature rupture of membranes;
Current preeclampsia;
Current hypertensive disease of pregnancy;
Continuous uncontrolled bleeding;
Bleeding that does not respond to the administration of antihemorrhagic agents;
Delivery injuries to the bladder or bowel;
Grand mal seizure;
Uncontrolled vomiting;
Coughing or vomiting of blood;
Severe chest pain; or
Sudden onset of shortness of breath and associated labored breathing.
A transfer of care shall be accompanied by the client’s medical record, the licensed midwife’s assessment of the client’s current condition, and a description of the care provided by the licensed midwife prior to transfer;
(v) Establish a written plan for the emergency transfer and transport required in subparagraph (iv) of this paragraph and for notifying the hospital to which a client will be transferred in the case of an emergency. If a client is transferred in an emergency, the licensed midwife shall notify the hospital when the transfer is initiated and accompany the client to the hospital if feasible, or communicate by telephone with the hospital if unable to be present personally, and shall provide the client’s medical record. The record shall include the client’s name, address, list of diagnosed medical conditions, list of prescription or over-the-counter medications regularly taken, history of previous allergic reactions to medications, if feasible, the client’s current medical condition and description of the care provided by the midwife, and next-of-kin contact information. A midwife who deems it necessary to transfer or terminate care pursuant to this section and any rules promulgated pursuant to this section or for any other reason shall transfer or terminate care and shall not be regarded as having abandoned care or wrongfully terminated services. Before nonemergent discontinuing of services, the midwife shall notify the client in writing, provide the client with names of licensed physicians and contact information for the nearest hospital emergency room, and offer to provide copies of medical records regardless of whether copying costs have been paid by the client.
(d) Establish and operate a system of peer review for licensed midwives that shall include but not be limited to the appropriateness, quality, utilization, and ethical performance of midwifery care.
(2) The rules adopted by the board may not:
(a) Require a licensed midwife to have a nursing degree or diploma;
(b) Except as a condition imposed by disciplinary proceedings by the board, require a licensed midwife to practice midwifery under the supervision of another health care provider;
(c) Except as a condition imposed by disciplinary proceedings by the board, require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider;
(d) Limit the location where a licensed midwife may practice midwifery;
(e) Allow a licensed midwife to use vacuum extraction or forceps as an aid in the delivery of a newborn;
(f) Grant a licensed midwife prescriptive privilege; or
(g) Allow a licensed midwife to perform abortions.
[54-5504, added 2024, ch. 59, sec. 2, p. 280; am. 2025, ch. 211, sec. 22, p. 992; am. 2026, ch. 73, sec. 1, p. 312.]
A licensed midwife may obtain and administer any medication indicated for maternal care or neonatal care defined in the formulary and protocol for which the midwife possesses the requisite education, training, and experience. Administration of such medication shall be performed within the acceptable community standard of care.
[54-5504A, added 2026, ch. 73, sec. 2, p. 315.]
(1) The board shall grant a license to any person who submits a completed application, pays the required license fee as established by the board, and meets the qualifications set forth in section 54-5506, Idaho Code.
(2) All licenses issued pursuant to this chapter shall be for a term of two (2) years and shall expire on the birthday of the licensee, unless renewed in the manner prescribed by rule and section 54-5510, Idaho Code. Except as set forth in this chapter, rules governing procedures and conditions for license renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
(3) It is a misdemeanor for any person to assume or use the title or designation "licensed midwife," "L.M." or any other title, designation, words, letters, abbreviations, sign, card, or device to indicate to the public that such person is licensed to practice midwifery pursuant to this chapter unless such person is so licensed. Any person who pleads guilty to or is found guilty of a second or subsequent offense pursuant to this subsection shall be guilty of a felony.
(4) Except as provided in section 54-5507, Idaho Code, it shall be a misdemeanor for any person to engage in the practice of midwifery without a license. Any person who pleads guilty to or is found guilty of a second or subsequent offense pursuant to this subsection shall be guilty of a felony.
[54-5505, added 2024, ch. 59, sec. 2, p. 283; am. 2025, ch. 104, sec. 13, p. 557.]
A person shall be eligible to be licensed as a midwife if the person:
(1) Provides proof of current certification as a CPM by NARM or a successor organization;
(2) Files a board-approved application for licensure and pays the required fees; and
(3) Provides documentation of successful completion of board-approved, MEAC-accredited courses in pharmacology, the treatment of shock/IV therapy, and suturing specific to midwives.
[54-5506, added 2024, ch. 59, sec. 2, p. 284.]
This chapter shall not apply to any of the following:
(1) Certified nurse midwives licensed by the board, unless a certified nurse midwife chooses to become a licensed midwife. Certified nurse midwives who are licensed midwives shall be subject to the provisions of chapter 14, title 54, Idaho Code, as well as the provisions of this chapter;
(2) Student midwives in training under the direct supervision of licensed midwives as required by NARM;
(3) A person, in good faith, engaged in the practice of the religious tenets of any church or religious act where no fee is contemplated, charged, or received, whose license to practice midwifery has not been revoked, and who has not plead guilty to or been found guilty of a felony for a violation of the provisions of section 54-5505, Idaho Code;
(4) A person administering a remedy, diagnostic procedure, or advice as specifically directed by a physician;
(5) A person rendering aid in an emergency where no fee for the service is contemplated, charged, or received;
(6) A person administering care to a member of such person’s family; or
(7) The practice of a profession by individuals who are licensed, certified, or registered pursuant to other laws of this state and are performing services within the authorized scope of practice.
[54-5507, added 2024, ch. 59, sec. 2, p. 284.]
(1) All fees received pursuant to the provisions of this chapter shall be paid to the department of self-governing agencies, division of occupational and professional licenses, and deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred pursuant to the provisions of this chapter shall be a charge against and paid from said fund. In no case may any salary, expense, or other obligation of the board be charged against the general fund.
(2) The fee for licensure may not exceed one thousand dollars ($1,000).
[54-5508, added 2024, ch. 59, sec. 2, p. 284.]
A licensed midwife or applicant for licensure, renewal, or reinstatement may not:
(1) Disregard a client’s dignity or right to privacy as to her person, condition, possessions, or medical record;
(2) Breach any legal requirement of confidentiality with respect to a client, unless ordered by a court of law;
(3) Submit a birth certificate known by the person to be false or fraudulent or willfully make or file false or incomplete reports or records in the practice of midwifery;
(4) Fail to provide information sufficient to allow a client to give fully informed consent;
(5) Engage in the practice of midwifery while impaired because of the use of alcoholic beverages or drugs; or
(6) Violate any other standards of conduct as determined by the board in rules adopted for the regulation of the practice of midwifery.
[54-5509, added 2024, ch. 59, sec. 2, p. 284.]
(1) Before initiating care, a licensed midwife shall obtain a signed informed consent agreement from each client, acknowledging receipt, at a minimum, of the following:
(a) The licensed midwife’s training and experience;
(b) Instructions for obtaining a copy of the rules adopted by the board pursuant to this chapter;
(c) Instructions for obtaining a copy of the NACPM essential documents and NARM job description;
(d) Instructions for filing complaints with the board;
(e) Notice of whether or not the licensed midwife has professional liability insurance coverage;
(f) A written protocol for emergencies, including hospital transport, that is specific to each individual client;
(g) A description of the procedures, benefits, and risks of home birth, primarily those conditions that may arise during delivery; and
(h) Any other information required by board rule.
(2) All licensed midwives shall maintain a record of all signed informed consent agreements for each client for a minimum of nine (9) years after the last day of care for such client.
(3) Before providing care for a client who has a history of disorders, diagnoses, conditions, or symptoms identified in section 54-5504(1)(c)(ii), Idaho Code, the licensed midwife shall provide written notice to the client that the client must obtain care from a physician licensed pursuant to chapter 18, title 54, Idaho Code, as a condition to her eligibility to obtain maternity care from the licensed midwife. Before providing care for a client who has a history of disorders, diagnoses, conditions, or symptoms identified in section 54-5504(1)(c)(iii), Idaho Code, or who has had a previous cesarean section, the licensed midwife shall provide written notice to the client that the client is advised to consult with a physician licensed pursuant to chapter 18, title 54, Idaho Code, during her pregnancy. The midwife shall obtain the client’s signed acknowledgment of receipt of said notice.
(4) Any licensed midwife submitting an application to renew a license shall compile and submit to the board complete practice data for the calendar year preceding the date of the application. Such information shall be provided in form and content as prescribed by rule of the board and shall include but not be limited to:
(a) The number of clients to whom care has been provided by the licensed midwife;
(b) The number of deliveries performed by the licensed midwife;
(c) The apgar scores of the infants delivered by the licensed midwife;
(d) The number of prenatal transfers;
(e) The number of transfers during labor, during delivery, and immediately following birth;
(f) Any perinatal deaths; and
(g) Other morbidity statistics as required by the board.
[54-5510, added 2024, ch. 59, sec. 2, p. 285; am. 2026, ch. 73, sec. 3, p. 315.]
No physician, hospital, emergency room personnel, emergency medical technician, or ambulance personnel shall be liable in any civil action arising out of any injury resulting from an act or omission of a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife. A physician who consults with a licensed midwife but who does not examine or treat a client of the midwife shall not be deemed to have created a physician-patient relationship with such client.
[54-5511, added 2024, ch. 59, sec. 2, p. 286.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[54-5512, added 2024, ch. 59, sec. 2, p. 286.]
This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act."
[54-5601, added 2015, ch. 128, sec. 1, p. 322.]
As used in this chapter:
(1) "ABGC" means the American board of genetic counseling, inc., its successor or equivalent.
(2) "ABMG" means the American board of medical genetics, its successor or equivalent.
(3) "ACS" means active candidate status conferred by the American board of genetic counseling.
(4) "Board" means the genetic counselors licensing board.
(5) "Certification" means the voluntary process by which a nongovernmental agency grants recognition and use of a credential to individuals who have met predetermined and standardized criteria.
(6) "Certification examination" means the certification examination for genetic counselors administered by a certifying agency approved by the board.
(7) "CEU" means continuing education unit as defined by the board by rule.
(8) "Code of ethics" means the current code of ethics adopted by the board.
(9) "Division" means the division of occupational and professional licenses.
(10) "Genetic counseling" means performing acts of a genetic counselor as described in section 54-5603, Idaho Code.
(11) "Genetic counselor" means an individual who is licensed under this chapter to engage in the practice of genetic counseling.
(12) "Licensed physician" means a person holding a license issued under chapter 18, title 54, Idaho Code.
(13) "NSGC" means the national society of genetic counselors, its successor or equivalent.
(14) "Person" means an individual and does not mean an association of individuals or a legal entity.
[54-5602, added 2015, ch. 128, sec. 1, p. 322; am. 2022, ch. 94, sec. 77, p. 331.]
A licensed genetic counselor may perform the following acts as a genetic counselor:
(1) Obtain and evaluate individual, family and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his offspring and other family members;
(2) Discuss the features, natural history, means of diagnosis, genetic and environmental factors and management of risk for genetic medical conditions and diseases;
(3) Identify and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment;
(4) Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases;
(5) Explain the clinical implications of genetic laboratory tests, other diagnostic studies and results;
(6) Evaluate the client’s or family’s responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;
(7) Identify and utilize community resources that provide medical, educational, financial and psychosocial support and advocacy; and
(8) Provide written documentation of medical, genetic and counseling information for families and health care professionals.
[54-5603, added 2015, ch. 128, sec. 1, p. 323.]
The provisions of this act shall not apply to the following:
(1) Any person who is not a genetic counselor but is licensed under title 54, Idaho Code, acting within the scope of his profession and doing work of a nature consistent with his training, provided that he does not represent himself by any title or practice description prohibited by section 54-5605;
(2) Any person employed as a genetic counselor by the federal government or an agency thereof if such person provides genetic counseling services solely under the direction and control of the organization by which he is employed;
(3) A student enrolled in an ABGC-accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student’s course of study and are performed under the direct supervision of a licensed genetic counselor assigned to supervise the student;
(4) An employee of a facility licensed under the provisions of chapter 13, title 39, Idaho Code, who is designated in writing to be responsible for that facility’s genetic counseling program and who receives regular consultation from a licensed genetic counselor; and
(5) Any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine under chapter 18, title 54, Idaho Code, provided that he does not represent himself as a licensed genetic counselor.
[54-5604, added 2015, ch. 128, sec. 1, p. 323.]
Effective July 1, 2016, a license shall be required to engage in the practice of genetic counseling. No person shall hold himself out as a genetic counselor unless he is licensed in accordance with the provisions of this chapter. No person who is not so licensed may use in connection with his name or place of business the title genetic counselor, licensed genetic counselor, gene counselor, genetic consultant, genetic associate or any words, letters, abbreviations or insignia indicating or implying that a person holds a genetic counselor license unless such person holds a genetic counselor license.
[54-5605, added 2015, ch. 128, sec. 1, p. 324.]
(1) There is hereby established in the division of occupational and professional licenses the genetic counselors licensing board.
(2) The board shall consist of four (4) members, two (2) of whom shall be fully licensed genetic counselors, one (1) of whom shall be a licensed physician and one (1) of whom shall be a member of the public with an interest in the rights of consumers of genetic counseling services. All board members shall be residents of this state.
(3) Initial appointments to the board shall be for the following terms: one (1) genetic counselor member shall serve a term of one (1) year; one (1) genetic counselor member shall serve a term of two (2) years; and the physician member shall serve a term of three (3) years. Thereafter, the term of office for each member of the board shall be three (3) years.
(4) Board members shall be appointed by the governor and shall serve at the pleasure of the governor.
(5) Each genetic counselor member of the board shall:
(a) Except for the initial appointments, be currently licensed and in good standing to engage in the practice of genetic counseling in this state. The initial genetic counselor members of the board must meet the qualifications for licensure under this act;
(b) At the time of appointment have been actively engaged in the practice of genetic counseling for at least one (1) year of the last five (5) years; and
(c) Be certified by the ABGC, ABMG or NSGC.
(6) In the event of the death, resignation or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(7) The board shall meet annually and at such times as deemed necessary and advisable by the chairman, or by a majority of its members, or by the governor. Notice of all meetings shall be given in the manner prescribed by rule. A majority of the board shall constitute a quorum at any meeting or hearing.
(8) Members of the board shall be reimbursed for expenses as provided in section 59-509(b), Idaho Code.
[54-5606, added 2015, ch. 128, sec. 1, p. 324; am. 2016, ch. 340, sec. 46, p. 965; am. 2021, ch. 222, sec. 41, p. 653.]
(1) The board shall have the following powers:
(a) To receive applications for licensure, determine the qualifications of persons applying for licensure, provide licenses to applicants qualified under the provisions of this chapter and reinstate and deny licenses;
(b) To establish by rule and collect fees as prescribed by this chapter;
(c) To maintain records necessary to carry out its duties under this chapter;
(d) To pass upon the qualifications and fitness of applicants for licenses and to adopt rules requiring continuing education as a condition for the renewal of licenses issued under this chapter;
(e) To prescribe by rule the minimum number of and qualifications for continuing education units (CEUs) to be required of each genetic counselor seeking to obtain or renew a license in the state of Idaho and for the approval of continuing education courses;
(f) To examine for, deny, approve, issue, revoke and suspend licenses pursuant to this chapter and to conduct investigations and hearings in connection with such actions;
(g) To establish requirements for reinstatement and renewal of licenses;
(h) To adopt and revise such rules as may be necessary to carry into effect the provisions of this chapter in compliance with chapter 52, title 67, Idaho Code. The rules shall include but not be limited to a code of ethics for genetic counselors and licensed genetic counselor standards of practice;
(i) In any proceeding before the board authorized by this chapter, the board or its designee may administer oaths or affirmations to witnesses appearing before it; and
(j) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of genetic counseling.
(2) In a final order, the board may impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation by a licensee of this chapter or of rules adopted by the board.
(3) The board may authorize, by written agreement, the division of occupational and professional licenses as its agent to act in its interest and, in its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this chapter.
(4) The assessment of costs and attorney’s fees incurred in the investigation and prosecution or defense of a licensee under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
[54-5607, added 2015, ch. 128, sec. 1, p. 324; am. 2018, ch. 348, sec. 22, p. 818; am. 2022, ch. 94, sec. 78, p. 332; am. 2025, ch. 104, sec. 14, p. 557.]
In addition to such other information as the board may require by rule, each applicant under this act shall:
(1) Hold a master’s degree or higher in genetics or a related field of study as approved by the board;
(2) Submit an application in the form prescribed by the board;
(3) Pay the fee determined by the board by rule; and
(4) Provide evidence satisfactory to the board of having successfully passed a nationally recognized competency examination approved by the board by rule.
[54-5608, added 2015, ch. 128, sec. 1, p. 325.]
An applicant who satisfies the board that he is licensed or registered under the laws of another state, territory or jurisdiction of the United States, which in the opinion of the board imposes substantially equivalent licensing requirements as this act, may, upon the payment of the required fee and the approval of the application, be licensed by endorsement pursuant to this act.
[54-5609, added 2015, ch. 128, sec. 1, p. 325.]
(1) The board may grant a person who has been granted ACS a provisional genetic counselor license to practice genetic counseling upon filing an application with the board and payment of the fee established by the board by rule.
(2) The provisional license shall be valid for one (1) year from the date of its issue and may be renewed at the discretion of the board for additional one (1) year periods up to a maximum of four (4) renewals. A provisional license shall expire automatically upon the issuance of a full license.
(3) A provisional licensed genetic counselor shall work under the general supervision of a licensed genetic counselor or a licensed physician at all times during which the provisionally licensed genetic counselor performs genetic counseling. An application for extension of the provisional license shall be signed by the supervisor. General supervision shall not require the physical presence of the provisional licensee’s supervisor at the location where such provisional licensee provides genetic counseling services; however, the supervisor shall be readily accessible by telephone or electronically for consultation and assistance whenever such provisional licensee provides such services.
[54-5610, added 2015, ch. 128, sec. 1, p. 325.]
Until July 1, 2016, an individual who does not qualify for licensure under this chapter may apply to the board for licensure, and the board may approve the application if the individual has paid the required fees and:
(1) Has worked as a genetic counselor for a minimum of ten (10) years preceding the enactment of these provisions with at least five (5) of those years being the five (5) years immediately preceding the application for a license;
(2) Holds a master’s degree or higher in genetics or a related field of study as approved by the board;
(3) Submits three (3) letters of recommendation from individuals who have worked with the applicant in an employment setting, including at least one (1) letter from a genetic counselor who qualifies for licensure under this chapter and one (1) letter from either a clinical geneticist certified by ABMG or a medical geneticist certified by ABMG; and
(4) Provides documentation satisfactory to the board that he has completed at least two hundred (200) hours of formal training in genetic counseling as determined by the board and has practiced genetic counseling for at least five (5) hours per week on average for at least the five (5) years immediately prior to the date of application.
[54-5611, added 2015, ch. 128, sec. 1, p. 326.]
(1) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire on the licensee’s birthday unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education and fees and in compliance with section 67-2614, Idaho Code.
(2) In addition to such other requirements as the board may establish by rule, each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed the applicant has completed the amount of board-approved continuing education required by the board by rule. The board may waive all or a portion of these requirements or grant an extension of time in which to complete these requirements upon a finding of good cause.
[54-5612, added 2015, ch. 128, sec. 1, p. 326; am. 2024, ch. 86, sec. 51, p. 420.]
(1) The board shall establish by rule fees for licensure under the provisions of this chapter as follows:
(a) An application fee not to exceed five hundred dollars ($500);
(b) A fee established by rule for an initial full license not to exceed one thousand dollars ($1,000);
(c) A fee established by rule for a provisional license, an endorsement license and an existing genetic counselor license not to exceed one thousand dollars ($1,000);
(d) The fee established by rule for renewal of licenses not to exceed one thousand dollars ($1,000) per renewal cycle; and
(e) Fees charged pursuant to paragraph (b), (c) or (d) of this subsection shall be in addition to the application fee.
(2) All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-5613, added 2015, ch. 128, sec. 1, p. 326; am. 2021, ch. 224, sec. 77, p. 691; am. 2024, ch. 86, sec. 52, p. 420.]
(1) The board may refuse to issue, refuse to renew, revoke, suspend or otherwise sanction a licensee upon the following grounds:
(a) Fraud or deception in procuring or renewing the license;
(b) Having been found guilty, convicted, or placed on probation; having entered into a guilty plea that is accepted by the court; forfeited bail, bond or collateral deposited to secure a defendant’s appearance; or having received a withheld judgment or suspended sentence of a felony by a court of competent jurisdiction;
(c) Gross incompetence or unprofessional conduct;
(d) Fraud or deceit in connection with services rendered as a genetic counselor or in establishing qualifications for licensure under this chapter;
(e) Violation of any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter;
(f) Failure to comply with a board order;
(g) Having had a license revoked or suspended or having been otherwise disciplined by the board or the proper authorities of another state, territory or country;
(h) Habitual drunkenness or addiction to habit-forming drugs, either of which impairs the ability to perform work without danger to himself or the public;
(i) Aiding or abetting any person not licensed or otherwise authorized under this chapter in the practice of genetic counseling in the state of Idaho;
(j) Representing himself as a licensed genetic counselor when he is unlicensed;
(k) Failing to maintain the requirements for a license or failing to achieve the minimum CEUs required for the renewal of a license;
(l) Having a license or certification in a related field revoked or suspended or having been otherwise disciplined in Idaho or any other state; or
(m) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board.
(2) The board may reinstate any revoked or suspended license upon such terms as it may determine.
(3) The board may by rule provide a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review.
[54-5614, added 2015, ch. 128, sec. 1, p. 327.]
No licensee shall disclose any information that he may have acquired from a client consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons, except:
(1) With the written consent of that client or, in the case of death or disability, the written consent of the client’s personal representative, other person or entity authorized to sue, or the beneficiary of an insurance policy on their life, health or physical condition;
(2) That a licensee shall not be required to treat as a confidential communication anything that reveals the contemplation or execution of a crime or harmful act;
(3) When the client is a minor under the laws of this state, and the information acquired by the licensee indicates that the minor was the victim or subject of a crime, the licensee may testify fully in relation to such information upon any examination, trial or other proceeding in which the commission of such a crime is the subject of the inquiry;
(4) When the client waives the privilege by bringing charges or other claims against the licensee; or
(5) To the board or its authorized agent in connection with an investigation or other proceeding by the board or its agent under this chapter.
[54-5615, added 2015, ch. 128, sec. 1, p. 327.]
It shall be unlawful and a misdemeanor for any person to engage in any of the following acts:
(1) To practice genetic counseling or to represent himself to be a licensed genetic counselor as defined in this chapter without having at the time of so doing, a valid license issued under this chapter; or
(2) To use in connection with his name or place of business, the title genetic counselor or any words indicating or implying that the person holds a genetic counselor license unless he is licensed in accordance with this chapter.
[54-5616, added 2015, ch. 128, sec. 1, p. 328.]
This chapter shall be known and may be cited as the "Idaho Virtual Care Access Act."
[(54-5701) 54-5601, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 26, p. 121; am. 2023, ch. 102, sec. 3, p. 303.]
The legislature finds that virtual care provides an additional setting for the delivery of health care that maximizes the capacity and geographic reach of health care providers and limited health care resources. When practiced safely, virtual care enhances access to health care services and allows for a more cost-effective delivery system for the people of Idaho. Citizens with limited access to traditional health care settings may be diagnosed and treated sooner through virtual care than through in-person care, resulting in improved health outcomes due to early detection and prevention.
[54-5702, added 2023, ch. 102, sec. 5, p. 304.]
As used in this chapter:
(1) "Health care services" means:
(a) The assessment, diagnosis, consultation, treatment, and remote monitoring of a patient;
(b) Transfer of medical data;
(c) Patient and professional health-related education;
(d) Public health services; and
(e) Health administration.
(2) "Provider" means any health care provider who is licensed or required to be licensed under this title or, if located outside of Idaho, would be required to be licensed under this title for the purposes of diagnosing or treating physical or behavioral health conditions.
(3) "Provider group" means any group of licensed providers who have access to shared patient medical records and are organized to provide team-based or multidisciplinary care to patients.
(4) "Static online questionnaire" means a questionnaire provided to a patient to which the patient responds with a static set of answers.
(5) "Virtual care" means technology-enabled health care services in which the patient and provider are not in the same location. Virtual care is an umbrella term that encompasses terms associated with a wide variety of synchronous and asynchronous care delivery modalities enabled by technology, such as telemedicine, telehealth, m-health, e-consults, e-visits, video visits, remote patient monitoring, and similar technologies. Virtual care is considered to be rendered at the physical location of the patient.
[54-5703, added 2023, ch. 102, sec. 7, p. 304.]
A provider delivering health care services via virtual care must at all times act within the scope of the provider’s license and according to all applicable laws and rules, including but not limited to this chapter and the Idaho community standard of care.
[(54-5704) 54-5604, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 29, p. 122; am. 2023, ch. 102, sec. 8, p. 304.]
A provider may provide virtual care to a patient if such provider has first established a provider-patient relationship with the patient, the patient has a provider-patient relationship with another provider in the provider group, the provider is covering calls for a provider with an established relationship with the patient, or the provider is performing any activities set forth in section 54-1733(3), Idaho Code. A provider-patient relationship may be established by use of virtual care technologies, provided that the applicable Idaho community standard of care is satisfied.
[54-5705, added 2023, ch. 102, sec. 10, p. 305; am. 2025, ch. 93, sec. 49, p. 441.]
When delivering health care services via virtual care, including a prescription drug order or prescription medical device order, a provider shall obtain and document a patient’s relevant clinical history and current symptoms to establish the diagnosis and identify underlying conditions and contraindications to the treatment recommended. A provider delivering health care services via virtual care has a duty to practice in a manner consistent with the provider’s scope of practice and shall be held to the applicable Idaho community standard of care that applies in an in-person setting. Treatment based solely on a static online questionnaire does not constitute an acceptable standard of care.
[(54-5706) 54-5606, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 31, p. 123; am. 2023, ch. 102, sec. 11, p. 305.]
(1) A provider with an established provider-patient relationship, including a relationship established pursuant to section 54-5705, Idaho Code, may issue prescription drug orders and prescription medical device orders via virtual care within the scope of the provider’s license and according to any applicable state and federal laws, rules, and regulations, including the Idaho community standard of care. However, the prescription drug shall not be a controlled substance unless prescribed in compliance with 21 U.S.C. A prescription drug order and prescription medical device order must be issued for a legitimate medical purpose by a provider acting in a manner consistent with the provider’s scope of practice.
(2) Nothing in this chapter shall be construed to expand or restrict the prescriptive authority of any provider beyond what is authorized by the applicable licensing boards.
[(54-5707) 54-5607, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 32, p. 123; am. 2017, ch. 242, sec. 3, p. 600; am. 2021, ch. 55, sec. 1, p. 183; am. 2023, ch. 102, sec. 12, p. 305.]
A patient’s informed consent for the use of virtual care shall be obtained as required by any applicable law.
[(54-5708) 54-5608, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 33, p. 123; am. 2023, ch. 102, sec. 13, p. 305.]
A provider delivering health care services via virtual care or a provider who is a member of the same provider group as the provider delivering health care services via virtual care shall be available for follow-up care or to provide information to patients who make use of such services. Patients receiving care virtually shall be provided a method to contact the provider of record.
[(54-5709) 54-5609, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 34, p. 123; am. 2023, ch. 102, sec. 14, p. 305.]
A provider shall make appropriate patient referrals, including to emergency resources, when medically indicated.
[(54-5710) 54-5610, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 35, p. 123; am. 2023, ch. 102, sec. 15, p. 306.]
A provider delivering health care services via virtual care must document in the patient’s medical record the health care services rendered via virtual care according to the same standard used for equivalent in-person services. All virtual care medical records must be maintained in compliance with any applicable state and federal laws, rules, and regulations, including the health insurance portability and accountability act (HIPAA), P.L. 104-191 (1996), and the health information technology for economic and clinical health act (HITECH), P.L. 111-115 (2009). Such records shall be accessible to other providers, if the patient has given permission, and to the patient in accordance with applicable laws, rules, and regulations.
[(54-5711) 54-5611, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 36, p. 124; am. 2020, ch. 114, sec. 3, p. 365; am. 2023, ch. 102, sec. 16, p. 306.]
(1) A provider is prohibited from delivering health care services via virtual care in the provider’s practice if the provider is not in full compliance with applicable state and federal laws, rules, and regulations, including this chapter and the Idaho community standard of care. State licensing boards shall be authorized to enforce the provisions of this chapter relating to the practice of individuals they license. A provider who fails to comply with applicable state and federal laws, rules, and regulations is subject to discipline by such provider’s licensing board.
(2) For purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed. Venue for a civil or administrative action initiated by the appropriate regulatory licensing authority or by a patient who receives virtual care services from an out-of-state provider may be located in the patient’s county of residence, an applicable county in Idaho, or another venue as deemed proper by a court of competent jurisdiction.
[(54-5712) 54-5612, added 2015, ch. 121, sec. 1, p. 310; am. and redesig. 2016, ch. 47, sec. 37, p. 124; am. 2023, ch. 102, sec. 17, p. 306.]
(1) Prior to delivering health care services via virtual care, a provider must obtain a license from the applicable licensing board, except a license is not required for virtual care when a provider licensed and in good standing in another state or jurisdiction of the United States:
(a) Has established a patient-provider relationship with a person who is in Idaho temporarily for business, work, education, vacation, or other reasons and such person requires health care services from that provider;
(b) Has established a patient-provider relationship with a person and provides temporary or short-term follow-up health care services to such person to ensure continuity of care;
(c) Is employed by or contracted with an Idaho facility or hospital to provide care services for which the provider has been privileged and credentialed;
(d) Renders health care services in a time of disaster and provides follow-up health care services to ensure continuity of care;
(e) Provides health care services in preparation for a scheduled in-person care visit; or
(f) Consults with or refers a patient to an Idaho licensed provider.
(2) By engaging in virtual care with a patient located in Idaho, a provider exempted from Idaho licensure under subsection (1) of this section consents to the applicable Idaho laws, rules, and regulations governing the provider’s profession, including this chapter and the Idaho community standard of care, the jurisdiction of Idaho courts, the jurisdiction of the division of occupational and professional licenses, and the jurisdiction of the applicable licensing board regulating the provider’s profession, including the division’s and licensing board’s complaint, investigation, and hearing process and ability to seek injunctions and impose civil penalties and fines.
[54-5713, added 2023, ch. 102, sec. 19, p. 306.]
(1) For purposes of this section, a mental or behavioral health provider is a provider pursuant to section 54-5703(4), Idaho Code, who is licensed or registered in another state, district, or territory of the United States to practice mental or behavioral health care.
(2) A mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or person located in Idaho, notwithstanding any provision of law or rule to the contrary, pursuant to the requirements and limitations of this section.
(3) In addition to the other requirements of this section, a mental or behavioral health provider who engages in interstate telehealth services pursuant to this section must:
(a) Hold current, valid, and unrestricted licensure from an applicable health care licensing authority in a state, district, or territory of the United States that has substantially similar requirements for licensure as the corresponding Idaho licensing authority;
(b) Not be subject to any past or pending disciplinary proceedings, excluding any action related to nonpayment of fees related to a license;
(c) Act in full compliance with all applicable laws, rules, and regulations, including this chapter and laws and rules of the applicable Idaho licensing authority regarding such mental or behavioral health care practice;
(d) Act in compliance with any existing Idaho requirements regarding the maintenance of liability insurance;
(e) Consent to Idaho jurisdiction; and
(f) Biennially register in Idaho to provide telehealth services.
(4) The standard of care under this section shall be the Idaho community standard of care.
(5) A mental or behavioral health provider who fails to comply with applicable Idaho laws, rules, and regulations shall be subject to investigation and disciplinary action by an applicable Idaho licensing authority. Disciplinary action may include but is not limited to revoking the mental or behavioral health provider’s Idaho practice privileges, referring the matter to licensing authorities in any states where the mental or behavioral health provider possesses licensure, and civil penalties.
(6) Venue for a civil or administrative action initiated by a licensing authority or by a patient who receives telehealth services from an out-of-state mental or behavioral health provider shall be located in the patient’s county of residence or in any applicable county in Idaho.
(7) Nothing in this section shields a mental or behavioral health provider from personal jurisdiction in Idaho.
(8) Nothing in this section shields a mental or behavioral health provider from the requirements of the health insurance portability and accountability act of 1996.
(9) A licensing authority responsible for issuing licenses to provide mental or behavioral health care services in this state shall register interstate telehealth providers pursuant to this section.
(10) A licensing authority shall require an applicant for an Idaho registration to complete an application in a form prescribed by the licensing authority that demonstrates to the licensing authority that the applicant is in compliance with the provisions of this section and that such applicant consents to the requirements of this section. The licensing authority may establish an application registration fee not to exceed thirty-five ($35.00) dollars.
(11) If a licensing authority finds that grounds for discipline against a registered provider exist, such licensing authority:
(a) May impose upon the practice privileges of the registration holder any of the penalties that such licensing authority is authorized to impose;
(b) Shall promptly notify licensing authorities in any state where a provider possesses licensure of any action taken against the telehealth registration practice privileges of a licensee pursuant to this section; and
(c) May bring a civil or administrative action against such provider pursuant to subsection (6) of this section.
(12) The registration provided for in this section is not equivalent to Idaho licensure for purposes of in-person services and shall not permit a registrant to provide any in-person services in Idaho. The registration cannot be used as a basis for reciprocal licensure or full licensure in Idaho.
[54-5714, added 2023, ch. 142, sec. 1, p. 391.]
This chapter shall be known and may be cited as the "Barber and Cosmetology Services Act."
[54-5801, added 2018, ch. 228, sec. 3, p. 520.]
As used in this chapter:
(1) "Apprentice" means a person registered with the barber and cosmetology services licensing board to learn an occupation in a licensed establishment who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology, or electrology.
(2) "Barber" means a person licensed to practice barbering as defined in this section.
(3) "Barbering" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
(a) Shaving the face or cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair;
(b) Fitting, cutting or dressing hairpieces or toupees;
(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.
(4) "Barber-styling" means any one (1) or any combination of the following practices when performed on the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
(a) Shaving the face or cutting, trimming, arranging, dressing, curling, waving by any method, straightening, cleansing, singeing, bleaching, coloring or performing similar work on the hair;
(b) Fitting, cutting or dressing hairpieces or toupees;
(c) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or by a mechanical appliance; and
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, and neck.
(5) "Barber-stylist" means a person licensed to practice barber-styling as defined in this section.
(6) "Board" means the barber and cosmetology services licensing board established by section 54-5806, Idaho Code.
(7) "Cosmetologist" means a person licensed to practice cosmetology as defined in this section.
(8) "Cosmetology" means any one (1) or any combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:
(a) Cutting, trimming, arranging, dressing, curling, waving by any method, cleansing, singeing, bleaching, coloring or performing similar work on the hair, except as provided for in subsection (24) of this section;
(b) Fitting, cutting or dressing hairpieces or toupees;
(c) Noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes; and
(d) Manicuring and pedicuring nails and applying artificial nails.
(9) "Division" means the division of occupational and professional licenses.
(10) "Electrologist" means a person licensed to practice electrology, as defined in this section, and skilled in the permanent removal of unwanted hair.
(11) "Electrology" or "electrolysis" means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system through the use of equipment and devices approved by and registered with the United States food and drug administration.
(12) "Establishment" means a place licensed under this chapter, other than a licensed school, where barbering, barber-styling, cosmetology or electrology is practiced.
(13) "Esthetician" means a person licensed to practice esthetics as defined in this section.
(14) "Esthetics" means noninvasive care of the skin by application of cosmetic preparations, antiseptics, tonics, lotions, creams and essential oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup application; pore extraction; use of chemical exfoliants approved for professional esthetic use; particle exfoliation; use of any class I medical device, as classified by the United States food and drug administration, designed for care of the skin, except that a class II medical device designed for care of the skin may be used as directed and supervised by an authorized and licensed health care practitioner; temporary removal of superfluous hair by lotions, creams, waxing, tweezing, depilatories or other means; and tinting or perming the eyebrows and eyelashes.
(15) "Haircutting" means cutting, trimming, arranging, dressing, curling, cleansing, singeing or performing similar work on the hair and fitting, cutting or dressing hairpieces or toupees.
(16) "Hairpieces or toupees" means a full or partial head covering that is made from natural or synthetic hair that is affixed to a person’s scalp, hair, or head with an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent, and is worn during activities such as sleep, exercise, and bathing.
(17) "High school student" means a person who has completed the first two (2) years of high school and is enrolled in a high school or secondary school licensed under this chapter or who attends an Idaho nonpublic high school.
(18) "Instructor" means a person licensed under this chapter to practice and teach any practice defined in this section.
(19) "Instructor trainee" means a barber, barber-stylist or cosmetologist attending a licensed school to receive training to teach barbering, barber-styling or cosmetology.
(20) "Licensed school" means a secondary or postsecondary barber, cosmetology, or electrology school that:
(a) Is licensed under its official name by the barber and cosmetology services licensing board; and
(b) Admits as students only those individuals who meet the requirements of section 54-5810(1)(b), Idaho Code.
(21) "Makeup artistry" means noninvasive care of the skin by application of cosmetic preparations for cleansing and the application of makeup, which includes the application of cosmetics or any pigment product that is used to cover, camouflage or decorate the skin.
(22) "Nail technician" means a person licensed to practice nail technology as defined in this section.
(23) "Nail technology" means any one (1) or more of the following practices when performed on the human body:
(a) Manicuring and pedicuring nails;
(b) Applying artificial nails; and
(c) Massaging the hands and feet.
(24) "Natural hair braiding" means the service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device.
(a) "Natural hair braiding" includes:
(i) The use of natural or synthetic hair extensions, natural or synthetic hair and fibers, and decorative beads and other hair accessories;
(ii) Minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;
(iii) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and
(iv) The use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with performing services under subparagraphs (i) or (ii) of this paragraph.
(b) "Natural hair braiding" does not include:
(i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or
(ii) The use of chemical hair joining agents, such as synthetic tape, keratin bonds, or fusion bonds.
(25) "Retail cosmetics dealer" means a stationary business offering cosmetic products for sale at retail to the general public in which the business’s employees apply cosmetic products to customers’ faces in connection with the sale or attempted sale of the products without compensation from the customer other than the regular price of the products.
(26) "Student" means a person learning barbering, barber-styling, cosmetology or electrology at a licensed school who, while so learning, performs or assists in performing any practices of barbering, barber-styling, cosmetology or electrology.
(27) "Wig" means a removable head covering that is made from natural hair, natural fibers that resemble hair, or synthetic fibers that resemble hair. A wig is not affixed to a person’s scalp or hair using an adhesive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding agent.
[54-5802, added 2018, ch. 228, sec. 3, p. 520; am. 2019, ch. 150, sec. 1, p. 499; am. 2020, ch. 182, sec. 1, p. 558; am. 2022, ch. 94, sec. 79, p. 333; am. 2022, ch. 250, sec. 1, p. 818; am. 2022, ch. 291, sec. 1, p. 926; am. 2023, ch. 218, sec. 18, p. 640; am. 2024, ch. 155, sec. 1, p. 602; am. 2025, ch. 53, sec. 1, p. 259; am. 2025, ch. 75, sec. 1, p. 342; am. 2025, ch. 76, sec. 1, p. 347; am. 2026, ch. 135, sec. 16, p. 643; am. 2026, ch. 251, sec. 21, p. 1071.]
In order to safeguard the public health, safety and welfare, persons practicing or offering to practice an occupation defined in and governed by this chapter shall submit evidence of their qualifications and shall be licensed, certificated or registered as hereinafter provided. It shall be unlawful for any person to practice or offer to practice an occupation defined in and governed by this chapter, or to use in connection with that person’s name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is licensed, certificated or registered to practice an occupation defined in and governed by this chapter, unless the person has been duly licensed, certificated or registered under the provisions of this chapter. It shall further be unlawful for any person or legal entity to operate a barber or cosmetology establishment or school of barbering or cosmetology unless the establishment or school has been licensed for such purpose as hereinafter provided.
[54-5803, added 2018, ch. 228, sec. 3, p. 522.]
(1) It shall be unlawful:
(a) To practice any of the occupations licensed, certificated or registered under this chapter in a place or establishment that is not licensed or registered for such practice, except as specifically authorized by this chapter;
(b) For any establishment license holder to employ or allow to be employed in or about the licensed establishment a person who is not licensed or certificated under this chapter, unless the person is performing tasks that do not require a license or certificate; and
(c) Where a licensed establishment is located in a home or other building containing living quarters, to use the portions of the home or building that are used for the licensed practice as living, dining or sleeping quarters.
(2) The provisions of subsection (1)(a) of this section shall not apply to:
(a) Licensees or certificants under this chapter who are performing licensed or certificated services for persons unable by reason of ill health, medical confinement or involuntary incarceration to go to a licensed establishment;
(b) A licensed electrologist practicing electrology or a licensed esthetician practicing esthetics under the supervision of a licensed chiropractor, dentist, medical doctor, nurse practitioner or podiatrist at a facility used by the supervising individual;
(c) A person licensed or certificated under this chapter to practice barbering, barber-styling, cosmetology, esthetics, or nail technology provided that:
(i) The services provided outside a licensed establishment are limited to those authorized by board rule; and
(ii) The licensee or certificant and the facility or location where the services are provided must observe and comply with the inspection, safety and disinfection requirements established by board rule; or
(d) A person licensed or certificated under this chapter to practice barbering, barber-styling, cosmetology, esthetics, or nail technology practicing on a charitable basis, provided that:
(i) The person shall not charge, and the public cannot be charged;
(ii) The person and the facility or location where the services are provided must observe and comply with the inspection, safety, and disinfection requirements established by board rule; and
(iii) Charitable work cannot exceed twelve (12) days in a year.
[54-5804, added 2018, ch. 228, sec. 3, p. 523; am. 2020, ch. 182, sec. 2, p. 561; am. 2025, ch. 76, sec. 2, p. 350.]
The licensing, certification, and registration provisions of this chapter shall not apply to the following:
(1) Persons authorized by the laws of this state to practice as a nurse or to practice any of the healing arts while in the proper discharge or delegation of their professional duties.
(2) Persons who provide on-site personal care or hygiene services, including shaving; trimming of hair, beard, or mustache; washing, brushing, or combing hair; and basic skin care and nail care, to residents at facilities licensed under the department of health and welfare, division of licensing and certification.
(3) Persons practicing in their own home without compensation who are not practicing on the public in general.
(4) Persons practicing on a relative without compensation.
(5) Persons whose practice is limited to the facial application of cosmetic products to customers in connection with the sale or attempted sale of cosmetic products on the premises of a retail cosmetics dealer without compensation from the customer other than the price of the products.
(6) Persons whose practice is limited to the demonstration of thermal styling equipment on customers in connection with the sale or attempted sale of thermal styling equipment on the premises of a thermal styling equipment dealer without compensation from the customer other than the price of the equipment.
(7) Currently enrolled students or actively registered apprentices practicing or demonstrating outside of a licensed school or establishment when that practice or demonstration is under the direct supervision of a licensed instructor. Members of the public may not be charged for any services performed by a student or an apprentice practicing pursuant to this subsection.
(8) Persons who are licensed or qualified through proper documentation to practice or teach barbering, barber-styling or cosmetology in a state, territory or possession of the United States or in a foreign country and whose practice and activities are limited to education or demonstration of no more than fourteen (14) consecutive days, provided that such persons shall observe and comply with sanitation requirements established by rule. Members of the public may not be charged for any services performed as part of the demonstration or education.
(9) Persons who are employed, participating in, or contracted to perform barber-styling or cosmetology services in the course of and incidental to the production of a theatrical or other visual arts production, including but not limited to stage productions, television and motion pictures.
(10) Persons whose practice is limited to natural hair braiding as defined in section 54-5802, Idaho Code.
(11) Persons or businesses selling, offering for sale, or fitting wigs as defined in this chapter, as long as such persons or businesses do not use adhesive agents such as glue, tape, keratin bonds, fusion bonds, or other bonding agents to attach a hairpiece or toupee to a person’s scalp, hair, or head.
(12) Persons or businesses performing makeup artistry.
[54-5805, added 2018, ch. 228, sec. 3, p. 523; am. 2019, ch. 178, sec. 1, p. 573; am. 2020, ch. 182, sec. 3, p. 562; am. 2022, ch. 291, sec. 2, p. 929; am. 2023, ch. 218, sec. 19, p. 643; am. 2024, ch. 155, sec. 2, p. 605; am. 2025, ch. 75, sec. 2, p. 345; am. 2025, ch. 76, sec. 3, p. 351.]
(1) There is hereby established in the division of occupational and professional licenses the barber and cosmetology services licensing board.
(2) The board shall consist of seven (7) members, two (2) of whom shall be licensed cosmetologists, two (2) of whom shall be licensed barbers or barber-stylists, one (1) of whom shall be a licensed electrologist or esthetician, one (1) of whom shall be a currently active school representative and one (1) of whom shall be a member of the public who does not hold a license issued under this chapter. All board members shall be residents of this state.
(3) Initial appointments to the board by the governor shall begin on July 1, 2018, and be for the following terms: two (2) members whose terms shall expire on July 1, 2019; two (2) members whose terms shall expire on July 1, 2020; and three (3) members whose terms shall expire on July 1, 2021.
(4) After their initial appointment, board members shall be appointed for a term of three (3) years by the governor. All board members shall serve at the pleasure of the governor.
(5) In the event of the death, resignation or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(6) The board shall meet annually and at such times as deemed necessary and advisable by the chair of the board, by a majority of the board’s members or by the governor. Four (4) members of the board shall constitute a quorum, provided at least one (1) board member of the relevant profession is present when any board action is taken that affects the profession, its licensees or its applicants. The board may act by virtue of a majority vote of members present in which a quorum is present.
(7) Members of the board shall be reimbursed for expenses as provided in section 59-509(n), Idaho Code.
[54-5806, added 2018, ch. 228, sec. 3, p. 524; am. 2020, ch. 182, sec. 4, p. 562; am. 2021, ch. 222, sec. 42, p. 653.]
The board shall have the power to:
(1) Receive applications for licensure, certification, and registration, determine the qualifications of applicants, provide licenses, certificates, and registrations to applicants qualified under the provisions of this chapter, and reinstate and deny licenses, certificates, and registrations;
(2) Establish fees by rule and collect fees as prescribed by this chapter;
(3) Maintain records necessary to carry out its duties under this chapter;
(4) Judge the qualifications and fitness of applicants for licenses, certificates and registrations;
(5) Examine for, deny, approve, issue, revoke and suspend licenses, certificates and registrations, or sanction or impose education, training or supervision on any licensee, certificant or registrant pursuant to this chapter and conduct investigations in connection with such actions;
(6) Establish requirements for reinstatement and renewal of licenses and registrations;
(7) Adopt and revise such rules as may be necessary to carry into effect the provisions of this chapter in compliance with chapter 52, title 67, Idaho Code;
(8) Take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of occupations licensed, certificated and registered under this chapter;
(9) Approve relevant cosmetology education for barber and barber-styling licenses and approve relevant barber and barber-styling education for cosmetology licenses; provided that the total instructional hours required for a licensed cosmetologist to qualify for a barber or barber-styling license shall not exceed one hundred (100) hours, unless required by a national accrediting body; and
[54-5807, added 2018, ch. 228, sec. 3, p. 525; am. 2020, ch. 182, sec. 5, p. 563; am. 2022, ch. 94, sec. 80, p. 335; am. 2026, ch. 221, sec. 28, p. 954.]
Each applicant for a license, certificate or registration shall:
(1) Make application to the board on forms authorized and furnished by the board, such application to contain proof under oath by the applicant of the particular qualifications of the applicant;
(2) Pay to the board the required fee; and
(3) Provide documentation and information to establish that the applicant meets the requirements for the license, certificate or registration sought.
[54-5808, added 2018, ch. 228, sec. 3, p. 526; am. 2020, ch. 182, sec. 6, p. 564.]
The scope of the examinations for licensure and the methods of procedure shall be prescribed by the board with special reference to the applicant’s general knowledge in the particular practices for which a license is sought and the applicant’s ability to perform the particular work satisfactorily. Examinations shall include both a practical demonstration and a written test.
[54-5809, added 2018, ch. 228, sec. 3, p. 526.]
(1) To qualify for licensure under this chapter, an applicant for licensure must:
(a) Be at least sixteen and one-half (16 1/2) years of age at the time of application;
(b) Have completed at least two (2) years of high school or have attained an equivalent education as determined by the board, which shall include an equivalent amount of education in a nonpublic school;
(c) Pass an examination for the occupation in which the applicant is seeking licensure, which examination shall be conducted or approved by the board; and
(d) Prove to the satisfaction of the board that the applicant has not engaged in conduct that would constitute grounds for discipline under section 54-5823, Idaho Code.
(2) Except as otherwise provided, and in addition to the requirements listed in subsection (1) of this section, an applicant for licensure:
(a) As a barber, must have:
(i) Completed and graduated from a course of instruction of at least nine hundred (900) hours in a barber school approved by the board; or
(ii) Completed at least one thousand eight hundred (1,800) hours as an apprentice in an apprenticeship that covered all aspects of the practice of barbering;
(b) As a barber-stylist, must have:
(i) Completed and graduated from a course of instruction of at least one thousand five hundred (1,500) hours in a barber school approved by the board; or
(ii) Completed at least three thousand (3,000) hours as an apprentice in an apprenticeship that covered all aspects of the practice of barber-styling;
(c) As a cosmetologist, must have:
(i) Completed and graduated from a course of instruction of at least one thousand six hundred (1,600) hours in a cosmetology school approved by the board; or
(ii) Completed at least three thousand two hundred (3,200) hours as an apprentice in an apprenticeship that covered all aspects of the practice of cosmetology;
(d) As an electrologist, must have:
(i) Completed and graduated from a course of instruction of at least six hundred (600) hours in a school approved by the board; or
(ii) Completed at least one thousand two hundred (1,200) hours as an apprentice in a cosmetology establishment under the direct personal supervision of a licensed electrologist instructor;
(e) As an esthetician, must have:
(i) Completed and graduated from a course of instruction of at least six hundred (600) hours in a school approved by the board; or
(ii) Completed at least one thousand two hundred (1,200) hours as an apprentice in a cosmetology establishment under the direct personal supervision of a licensed cosmetology instructor. Such establishment must have at least one (1) licensed esthetician on-site in accordance with board rules; and
(f) As a nail technician, must have:
(i) Completed and graduated from a course of instruction of at least four hundred (400) hours in a school approved by the board; or
(ii) Completed at least eight hundred (800) hours as an apprentice in a cosmetology establishment under the direct personal supervision of a licensed cosmetology instructor. Such establishment shall have at least one (1) licensed nail technician on-site in accordance with board rules.
(3) To qualify as an instructor of barbering, barber-styling, cosmetology, electrology, esthetics, or nail technology, an applicant must:
(a) Hold a current license in the profession or closely related profession, as determined by the board, for which the applicant seeks to instruct;
(b) Have worked for at least five (5) of the last seven (7) years as a licensed barber, barber-stylist, cosmetologist, electrologist, esthetician, or nail technician, or have satisfactorily completed:
(i) A minimum six (6) month teacher’s course of instruction in one (1) of the specialties described in this subsection; or
(ii) A minimum three (3) month teacher’s course of instruction in a school of one (1) of the specialties described in this subsection, if the applicant has at least two (2) years of experience as a licensee in one (1) of the specialties described in this subsection; and
(c) Have completed twelve (12) college credit hours or equivalent education, as determined by the board, or pass an examination approved by the board.
(4) To be qualified to hold an apprenticeship for purposes of this chapter, a person must:
(a) Meet the qualifications set forth in paragraphs (a), (b), and (d) of subsection (1) of this section; and
(b) Be registered as an apprentice with the board.
(5) To be considered a student for purposes of this chapter, a person must:
(a) Meet the qualifications set forth in paragraph (b) of subsection (1) of this section; and
(b) Be registered as a student in a licensed barber school or cosmetology school.
(6) A student shall be permitted to take an examination required pursuant to subsection (1) of this section after such student has completed eighty percent (80%) of the education hours required pursuant to subsection (2) of this section.
(7) A high school student enrolled in a licensed school or who attends high school at an Idaho nonpublic school may be under sixteen and one-half (16 1/2) years of age while accruing the course of instruction hours required for licensure.
[54-5810, added 2018, ch. 228, sec. 3, p. 526; am. 2019, ch. 150, sec. 2, p. 502; am. 2020, ch. 182, sec. 7, p. 564; am. 2022, ch. 250, sec. 2, p. 820; am. 2026, ch. 5, sec. 1, p. 17; am. 2026, ch. 135, sec. 17, p. 646.]
(1) The board shall issue a certificate to an applicant if the applicant:
(a) Completes the application form for a certificate as required by the board;
(b) Pays the fee as set by board rule;
(c) Meets the qualifications set forth in section 54-5810(1)(a), (b), and (d), Idaho Code; and
(d) Successfully completes instruction approved by the board of at least one hundred (100) hours in the practice of makeup artistry, including safety and infection control.
(2) The board may set by rule the nature of the instruction, training, experience or other qualification in the practice of makeup artistry that may be credited toward the total hours of instruction required under subsection (1) of this section. Instruction may be received from, but not limited to, the following:
(a) A cosmetology school licensed under this chapter or in another jurisdiction of the United States or in a foreign country; or
(b) A retail cosmetics dealer licensed under this chapter or in another jurisdiction of the United States.
(3) The board may set by rule the number of hours that a certificated makeup artist may be credited toward the required hours for a course of instruction or apprenticeship in cosmetology or esthetics.
[54-5811, added 2018, ch. 228, sec. 3, p. 528; am. 2020, ch. 182, sec. 8, p. 567.]
The board shall issue a license to a retail cosmetics dealer if the dealer:
(1) Completes the application form for licensure as required by the board;
(2) Pays the license fee as required by section 54-5822, Idaho Code;
(3) Specifies a location within the retail cosmetics dealer’s business premises as the area where the cosmetics will be sold; and
(4) Provides facilities and equipment in an area within the business premises to disinfect and store equipment as provided by board rule.
[54-5812, added 2018, ch. 228, sec. 3, p. 528; am. 2020, ch. 182, sec. 9, p. 567.]
The board shall issue a registration to a retail thermal styling equipment dealer if the dealer:
(1) Completes the application forms for registration as required by the board;
(2) Pays the registration fee as set by board rule;
(3) Specifies a location where the thermal styling equipment will be sold;
(4) Limits any demonstration of thermal styling equipment to styling less than a substantial portion of the customer’s hair;
(5) Trains its employees on the proper and safe use of the thermal styling equipment and all disinfection related to the demonstration of the equipment prior to an employee’s use of the equipment on customers; and
(6) Provides equipment and supplies in the defined area of the retail dealer’s location to properly disinfect and store equipment and supplies necessary to perform any demonstration of the thermal styling equipment as provided by board rule.
[54-5813, added 2018, ch. 228, sec. 3, p. 529; am. 2020, ch. 182, sec. 10, p. 568.]
(1) The board shall issue a license to a makeover or glamour photography business that:
(a) Completes the application form for licensure as required by the board;
(b) Pays the license fee as required by board rule;
(c) Specifies a location within the business premises as the area where the cosmetology practices will take place; and
(d) Provides facilities and equipment in the specified area within the business premises to properly disinfect and store equipment and supplies necessary to perform any cosmetic application services as provided by board rule.
(2) A license issued pursuant to this section does not entitle a business or any employee of such business to furnish any cosmetology services unless incidental to the providing of photographic services and does not entitle such an individual or business to furnish any cosmetology services not specifically provided by board rule.
[54-5814, added 2018, ch. 228, sec. 3, p. 529; am. 2020, ch. 182, sec. 11, p. 568.]
(1) Every barber school or cosmetology school located in this state must:
(a) Be licensed under the provisions of this chapter;
(b) Employ and maintain at least one (1) licensed barber instructor or barber-stylist instructor if a barber school and one (1) licensed cosmetology instructor if a cosmetology school. A school must employ and maintain a licensed instructor for every twenty (20) students or fraction thereof, with an instructor trainee counting as an instructor for purposes of the student-instructor ratio as long as there is a licensed instructor on the premises who is available during all school hours. An instructor at a licensed school must be licensed in the state of Idaho as an instructor;
(c) Possess sufficient apparatus and equipment for the proper and full teaching of all subjects of its curriculum;
(d) Keep a daily attendance record for each student;
(e) Maintain regular class and instruction hours, establish grades and hold monthly examinations;
(f) Prescribe a school term for training in all aspects of the practice of barbering, barber-styling, cosmetology or electrology;
(g) Provide applicable curricula on hygiene, bacteriology, and elementary chemistry relating to disinfection and antiseptics;
(h) If a school of cosmetology, provide applicable curricula on subjects relating to cosmetology, nail technology, esthetics, electrology, instruction and haircutting as follows:
(i) The curriculum for cosmetology shall include histology of the hair, skin, muscles, nails and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the body; permanent waving, haircutting and arranging, dressing, coloring, bleaching and tinting of the hair; a study of electricity as applied to cosmetology; and the Idaho laws and rules governing the practice of cosmetology;
(ii) The curriculum for nail technology shall include histology of the hands and feet, skin, muscles, nails and nerves; structure of the hands and feet; diseases of the skin, glands and nails; massaging and manipulating the muscles of the hands and feet; a study of electricity as applied to nail technology; and the Idaho laws and rules governing the practice of nail technology;
(iii) The curriculum for esthetics shall include histology of the skin, muscles and nerves; structure of the head, face and neck; diseases of the skin, glands and nails; massaging and manipulating the muscles of the body; a study of electricity as applied to esthetics; and the Idaho laws and rules governing the practice of esthetics;
(iv) The curriculum for electrology shall include histology of the hair, skin, muscles, nails and nerves; structure of the body; diseases of the skin, hair, glands and nails; hypertrichosis; permanent removal of unwanted hair; a study of electricity as applied to electrology, including the use and study of galvanic current and the use and study of both automatic and manual high-frequency current; and the Idaho laws and rules governing the practice of electrology; and
(v) The curriculum for instructors shall include fundamentals of adult education; communication; preparation of lesson plans; practical and theoretical presentation and demonstration; use of teaching aids; measurement and evaluation; and the Idaho laws and rules governing cosmetology and electrology, in addition to teaching the occupations defined in section 54-5802, Idaho Code;
(i) If a school of barbering, provide applicable curricula on subjects relating to barbering and barber-styling as follows:
(i) The curriculum for barbers shall include histology of the hair, skin, nails, muscles and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the upper body; haircutting; shaving; arranging and dressing the hair; and the Idaho laws and rules governing the practice of barbering; and
(ii) The curriculum for barber-stylists shall include histology of the hair, skin, nails, muscles and nerves; structure of the head, face and neck; diseases of the skin, hair, glands and nails; massaging and manipulating the muscles of the upper body; haircutting; shaving; arranging, dressing, curling, waving, straightening, coloring, bleaching and tinting of the hair; and the Idaho laws and rules governing the practice of barber-styling;
(j) Denote with clarity that the establishment is a school and that work is done by students. Such facts shall be made clear to patrons of the school by signs conspicuously posted in the school and the adjoining shop, if any. Students shall not be permitted to render any chemical service to a live human until such student has completed at least five percent (5%) of the required instruction;
(k) Employ instructors who are licensed instructors in this state;
(l) Not permit any student or apprentice to receive instruction unless the school is licensed under the provisions of this chapter;
(m) Require instructors to devote their time during school or class hours to instructing students rather than to engaging in occupational practice; and
(n) Offer school hours for the purpose of instruction on at least five (5) days per week.
(2) Training received in electrology, esthetics, or nail technology in a school shall not be recognized unless the school has been approved for such training by the board and the school meets and maintains the requirements to train electrologists, estheticians, and nail technicians as established by board rule.
(3) Every school approved by the board shall deliver to the board a bond to the state of Idaho in the sum of twenty thousand dollars ($20,000) and shall renew the same bond annually, conditioned that such school shall continue to give its courses of instruction in accordance with the provisions of this chapter until it has completed all such courses for which students have enrolled and further conditioned that such school shall fully comply with all promises or representations made to enrolled students as an inducement to such students to enroll. The bond must be in a form approved by the board and must be executed by a corporate surety company duly authorized to do business in this state. Any student so enrolled who may be damaged by reason of the failure of such school to comply with such conditions shall have a right of action in the student’s own name on such bonds for such damage.
[54-5815, added 2018, ch. 228, sec. 3, p. 530; am. 2020, ch. 182, sec. 12, p. 569.]
(1) The board, upon application and the payment of the required fee, may issue a license, certificate or registration by endorsement, without examination, to a person who meets the qualifications set forth in section 54-5810(1)(a), (b), and (d), Idaho Code, who holds a certificate of qualification or a license issued to that person by the proper authority of any state, territory or possession of the United States or of a foreign country, and who either:
(a) Provides official documentation that the requirements for licensure or certification under which the license or certificate was issued are of a standard not lower than those specified in this chapter; or
(b) Provides official documentation that said person has practiced the pursuit for which licensure is requested for at least one (1) year of the last three (3) years immediately prior to such application.
(2) The board or its agent shall evaluate each application for license or certificate by endorsement.
[54-5816, added 2018, ch. 228, sec. 3, p. 532; am. 2020, ch. 182, sec. 13, p. 572.]
No apprentice may practice independently. An apprentice may perform any and all acts necessary for professional training within the scope of this chapter when such acts are performed in compliance with board rule, including immediate personal supervision of the apprentice by a licensed instructor. Establishments employing apprentices shall keep a daily work record of the attendance of such apprentices and shall, upon the termination of such apprenticeship, certify to the board the total number of hours worked and the types of instruction given to the apprentice. All apprenticeships must be completed within three (3) years from the time of commencement, unless an extension is approved by the board for good cause. The specific time allowed for each apprenticeship shall be set by board rule.
[54-5817, added 2018, ch. 228, sec. 3, p. 532; am. 2019, ch. 150, sec. 3, p. 504; am. 2020, ch. 182, sec. 14, p. 572.]
Inspections for the purpose of enforcing the provisions of this chapter shall be made by the board. The board shall have authority to prescribe safety, disinfection and sanitary requirements for barber and cosmetology establishments, retail cosmetics dealers, and barber and cosmetology schools as such requirements apply to the nature of the work performed. The officers of the board or its agents shall have authority to enter and inspect at any time during business hours any barber or cosmetology establishment, retail cosmetics dealer, barber or cosmetology school, or other location where barber-styling or cosmetology services are being provided. A copy of the rules adopted by the board shall be made available upon request by the board to the owner or manager of each establishment, retail cosmetics dealer, or school.
[54-5818, added 2018, ch. 228, sec. 3, p. 532; am. 2020, ch. 182, sec. 15, p. 572; am. 2025, ch. 75, sec. 4, p. 346.]
(1) Except as otherwise provided in subsection (2) of this section, all instruments used by persons practicing pursuant to this chapter shall, after cleaning and prior to use on each patron, be disinfected with disinfectants registered by the United States environmental protection agency as effective against staphylococcus aureus (including methicillin-resistant staphylococcus aureus), human immunodeficiency virus and hepatitis B. All disinfectants shall be mixed, changed and used according to the manufacturers’ instructions for disinfection between each patron.
(2) Nail instruments that are intended for single use or that are porous shall be disposed of after each use on a patron.
(3) Every precaution shall be taken by persons practicing pursuant to this chapter to prevent the transfer of disease-causing pathogens between people.
[54-5819, added 2018, ch. 228, sec. 3, p. 533.]
The board shall issue a license, certificate or registration and certificate of licensure to applicants who have successfully met the qualifications for licensure, certification or registration. Every holder of a license, certificate or registration shall display it in a publicly conspicuous place adjacent to or near the area where the practice is conducted. An establishment license must be publicly displayed at all times during the term of licensure in the establishment for which it is issued.
[54-5820, added 2018, ch. 228, sec. 3, p. 533.]
All licenses, registrations, or certificates issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal and fees. License, registration, or certificate renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. A barber school or cosmetology school licensed under the provisions of this chapter that fails to renew on or before the expiration date may request retroactive reinstatement to the date of expiration as provided in this section. If the board finds that such school has paid the renewal fee within ninety (90) days of the failure to renew, there being no other cause for the school’s license to have been lapsed or canceled, and the school has paid all costs and penalties related to the license renewal and reinstatement required by law or rule, the board may retroactively renew said license to the date of expiration of the previous license. The school may continue to operate during the time period required by the board for consideration of the reinstatement request.
[54-5821, added 2018, ch. 228, sec. 3, p. 533; am. 2020, ch. 163, sec. 1, p. 476; am. 2020, ch. 182, sec. 16, p. 573; am. 2024, ch. 86, sec. 53, p. 421.]
(1) Any fee required pursuant to this chapter, including fees for original licenses, certificates, registrations, permits, renewals, and licenses, certificates, and registrations by endorsement, shall be set by board rule.
(2) All fees received by the board under the provisions of this chapter shall be nonrefundable, except as provided by board rule, and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The fees collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
[54-5822, added 2018, ch. 228, sec. 3, p. 533; am. 2020, ch. 182, sec. 17, p. 573; am. 2021, ch. 224, sec. 78, p. 691; am. 2025, ch. 104, sec. 15, p. 558.]
The board may refuse to issue or renew a license, certificate or registration, may suspend or revoke a license, certificate or registration, or may otherwise sanction a licensee, certificant or registrant or impose education, training or supervision on a licensee, certificant or registrant if the licensee, certificant or registrant:
(1) Is convicted of a felony as evidenced by a certified copy of the record of the court of conviction;
(2) Commits malpractice or is otherwise professionally incompetent;
(3) Knowingly practices the licensee’s, certificant’s or registrant’s occupation while having an infectious or contagious disease, except as approved by a physician licensed under chapter 18, title 54, Idaho Code;
(4) Advertises by means of knowingly false or deceptive statements;
(5) Is habitually intoxicated, uses illegal drugs, or deliberately misuses or abuses prescription drugs;
(6) Commits unprofessional conduct as defined by rule;
(7) Fraudulently applies for or obtains a license, certificate or registration;
(8) Violates a provision of this chapter or a rule adopted pursuant to this chapter;
(9) Has had an occupational license, certificate or registration suspended or revoked in any jurisdiction; or
(10) Fails to comply with a board order entered in a disciplinary matter.
[54-5823, added 2018, ch. 228, sec. 3, p. 534.]
Only persons licensed pursuant to the provisions of this chapter as a barber or barber-stylist may:
(1) Hold themselves out to the public, solicit business or advertise as a licensed barber or as operating a licensed barbershop;
(2) Use the title or designation "barber" or "barbershop" under circumstances that would create or tend to create the impression to members of the general public that the person is a licensed barber, is a licensed barber-stylist, or is operating a licensed barbershop; or
(3) Place a barber pole in a location that would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop, unless the business is a licensed cosmetology establishment that is leasing space to or employing a licensed barber or a licensed barber-stylist. As used in this section, "barber pole" means a red and white striped vertical cylinder with a ball located on top of the cylinder or any object of a similar nature, regardless of its actual shape or coloring, that would create or tend to create the impression to members of the general public that a business located near the object is a barbershop.
[54-5824, added 2018, ch. 228, sec. 3, p. 534.]
The rights, obligations and authority of the board of barber examiners and the board of cosmetology, as they existed prior to the adoption of this chapter, shall be vested in the barber and cosmetology services licensing board created by this chapter. Persons who qualified for licensure under chapters 5 and 8, title 54, Idaho Code, as repealed by this act, shall be entitled to renew their licenses under this chapter.
[54-5825, added 2018, ch. 228, sec. 3, p. 535.]
The following acts shall be misdemeanors:
(1) Violating a provision of this chapter;
(2) Permitting any person in one’s employ, supervision or control to practice barbering, barber-styling, cosmetology or electrology or to practice as an apprentice or student, if that person has not complied with the provisions of this chapter;
(3) Obtaining or attempting to obtain a registration, certificate or license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4) Practicing or offering to practice any of the occupations defined in this chapter, unless licensed, certificated or registered or otherwise exempt as herein provided; and
(5) Maintaining or operating a barber or cosmetology establishment, a retail cosmetics dealer facility, or a barber school or a cosmetology school, unless such facility is licensed or registered as herein provided.
[54-5826, added 2018, ch. 228, sec. 3, p. 535; am. 2025, ch. 75, sec. 5, p. 347.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[54-5827, added 2018, ch. 228, sec. 3, p. 535.]
(1) The legislature finds and declares that the licensing of naturopathic doctors and the registration of lay naturopaths will improve access to natural health care for Idahoans and promote the health of all Idahoans, including the underserved population. The licensing of naturopathic doctors and registration of lay naturopaths will promote the public health interest by aiding in the delivery of naturopathic medical services of high quality to the people of Idaho. To fulfill these purposes, this chapter provides for the optional licensure of naturopathic doctors as well as for the optional registration of laypersons who are naturopaths.
(2) This chapter shall not restrict unlicensed practice lawfully provided pursuant to section 54-1804(1)(l), Idaho Code.
[54-5901, added 2022, ch. 194, sec. 1, p. 636.]
As used in this chapter:
(1) "Board" means the Idaho board of naturopathic health care.
(2) "License" means a license to practice as a licensed naturopathic doctor.
(3) "Licensed naturopathic doctor" means an individual licensed as a medical doctor, doctor of osteopathy, doctor of podiatric medicine, doctor of chiropractic, doctor of dental medicine, pharmacist, or doctor of nursing practice who has obtained an approved naturopathic doctoral degree, as set forth in rule, and who voluntarily elects to seek and receives licensure under this chapter to practice naturopathic health care in Idaho.
(4) "Minor procedure" means the use of operative, electrical, or other methods for repair and care incidental to superficial lacerations, abrasions, superficial lesions, the removal of foreign bodies located in the superficial tissues, and the use of antiseptics and local topical anesthetics in connection with such methods.
(5) "Naturopathic health care" means the delivery of a distinct primary health care emphasizing prevention, treatment, and optimal health using therapeutic methods and substances that encourage an individual’s inherent self-healing process by a naturopathic practitioner.
[54-5902, added 2022, ch. 194, sec. 1, p. 636; am. 2026, ch. 314, sec. 1, p. 1260.]
(1) The Idaho board of naturopathic health care is hereby created in the division of occupational and professional licenses. The board shall consist of five (5) members.
(a) For the initial board:
(i) One (1) member shall be a public member;
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
(iii) Two (2) members shall be eligible for licensure under this chapter; and
(iv) One (1) member shall be eligible for registration as a naturopath under this chapter.
(b) After the initial board:
(i) One (1) member shall be a public member;
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
(iii) Two (2) members shall be licensed under this chapter; and
(iv) One (1) member shall be registered under this chapter.
(2) The governor shall appoint all members of the board. Of the initial members, two (2) shall be appointed for four (4) year terms and three (3) shall be appointed for three (3) year terms. After the initial appointments, all terms of appointment shall be for four (4) years. Each member shall serve until a successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.
(3) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chair and a vice chair and may hold additional meetings at the call of the chair or at the written request of any two (2) members of the board. A majority of the board shall constitute a quorum. The vote of a majority of members present at a meeting wherein a quorum is present shall determine the action of the board. The chair and vice chair shall each serve for a two (2) year term. No chair or vice chair may serve more than two (2) consecutive terms.
(4) In the event of the death, resignation, or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(5) Board members shall serve at the pleasure of the governor.
(6) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
[54-5903, added 2022, ch. 194, sec. 1, p. 637.]
The board shall have the authority and the responsibility to:
(1) By July 1, 2023, in accordance with this chapter and by using the American naturopathic medical certification board as the primary resource, determine the qualifications needed by each person applying for licensure pursuant to this chapter and, in addition to the requirements of this chapter, define by rule the criteria for determining the appropriate scope of practice for each individual seeking licensure; provided, however, the board may authorize a scope of practice only on an individual basis for each individual seeking licensure. The board may modify the authorized scope of practice based on its assessment of an individual’s education, training, and experience;
(2) Consult with the American naturopathic medical certification board to define and set by rule any additional qualifications for licensure that are consistent with this chapter. Any such qualifications shall be in addition to those required by this chapter;
(3) Authorize prescriptive rights or surgical authority only for an applicant who demonstrates sufficient education and training in accordance with an active Idaho license in good standing pursuant to section 54-5905(1), Idaho Code. Notwithstanding the provisions of this subsection, all licensees shall be permitted by the board to practice according to the scope of practice pursuant to section 54-5906, Idaho Code;
(4) Establish, pursuant to chapter 52, title 67, Idaho Code, any such rules consistent with this chapter as are necessary for the administration of this chapter, including but not limited to rules pertaining to discipline, continuing education, and standards for professional conduct that reflect current practice standards and promote inclusion of evidence-based innovations and advances in naturopathic health care;
(5) Conduct investigations and examinations and hold hearings;
(6) Collect fees and other funds only to the extent necessary to carry out the provisions of this chapter. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund;
(7) Conduct legal proceedings, including those regarding contracts and litigation;
(8) Provide such other services and perform such other functions as are necessary and desirable to fulfill its purposes; and
(9) Establish rules that provide for naturopaths to practice in Idaho through registration rather than licensure. In order to protect public health, the scope of practice for a registered naturopath shall be no broader than as provided for in section 54-1804(1)(l), Idaho Code.
(a) The board shall establish a method of registration and a reasonable fee for registration and collect such fee for registration.
(b) No registration shall be granted until the board has approved a reasonable fee and a method of collecting such fee for registration.
[54-5904, added 2022, ch. 194, sec. 1, p. 637.]
(1) An applicant shall be qualified for voluntary licensure as a naturopathic doctor pursuant to this chapter if such applicant:
(a) Possesses current, valid, and unrestricted licensure in any state, district, or territory of the United States in at least one (1) of the following medical professions:
(i) Medical doctor or doctor of osteopathy;
(ii) Podiatrist;
(iii) Dentist;
(iv) Chiropractor, if such applicant possesses an accredited doctoral degree in chiropractic medicine as required pursuant to chapter 7, title 54, Idaho Code;
(v) Nurse, if such applicant possesses a level of training and education equivalent to an advanced practice registered nurse pursuant to chapter 14, title 54, Idaho Code, and has achieved an accredited doctorate degree in nursing; or
(vi) Pharmacist, if such applicant possesses a level of training and education equivalent to the requirements for pharmacist licensure pursuant to section 54-1722, Idaho Code;
(b) Has obtained a certificate of satisfactory completion of a naturopathic doctor curriculum consisting of at least one hundred sixty (160) credit hours from an institution accredited by an accreditation agency approved by the United States department of education;
(c) Has not pled guilty to or been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, unless such applicant demonstrates that he has been sufficiently rehabilitated to warrant the public trust; and
(d) Completes any one (1) of the following:
(i) At least four (4) years of experience in the practice of naturopathic health care in Idaho that is acceptable to the board; provided, however, a practitioner who has at least two (2) years of naturopathic health care experience that is acceptable to the board and that occurred on or before July 1, 2024, shall satisfy the requirements of this paragraph;
(ii) Passage of an Idaho state examination proving minimum competency and skills, to be developed and approved by the board by rule and the American naturopathic medical certification board pursuant to this chapter; or
(iii) Passage of any national board examination that certifies the individual has achieved minimum competency and skills in the practice of naturopathic health care as approved by the board by rule.
(2) A license issued under this chapter shall:
(a) Be issued in the name of the licensed naturopathic doctor;
(b) State the issue and expiration date; and
(c) Always be displayed in a conspicuous manner in the place of business or employment of the licensee.
(3) A licensed naturopathic doctor may also use the title "licensed doctor of natural health" or "licensed naturopathic practitioner."
(4) All applications for licensing shall be reviewed and approved by the board on an individual basis.
(5) A person who is not licensed pursuant to this chapter shall not:
(a) Hold himself out as a naturopathic doctor licensed under this chapter;
(b) Use or advertise using the title of licensed naturopathic doctor (LND), licensed naturopathic practitioner (LNP), or any variant thereof; or
(c) Use any words, abbreviations, figures, configuration of letters, titles, signs, cards, or devices tending to imply that the person is a naturopathic doctor licensed in the state of Idaho.
(6) Notwithstanding the provisions of subsection (5) of this section, a person who is a licensed naturopathic medical doctor pursuant to chapter 51, title 54, Idaho Code, may use the title "licensed naturopathic doctor."
(7) No license shall be issued by the board until the board has finalized and approved licensure requirements by rule as provided by this chapter and the legislature has approved all rules governing licensure adopted by the board.
[54-5905, added 2022, ch. 194, sec. 1, p. 638; am. 2024, ch. 240, sec. 1, p. 858; am. 2026, ch. 314, sec. 2, p. 1261.]
(1) A naturopathic doctor licensed pursuant to this chapter may engage only in the scope of practice provided for in this section.
(2) A person who does not possess a current, valid, and unrestricted license pursuant to title 54, Idaho Code, that permits such person to prescribe legend drugs or to perform minor procedures shall not be authorized to do so under a license issued pursuant to this chapter.
(3) If a licensed naturopathic doctor receives licensure in Idaho to practice any profession identified in section 54-5905(1)(a), Idaho Code, then the board may allow the licensed naturopathic doctor to incorporate any additional scope of practice provided for in this section or prescriptive rights as provided for in section 54-5907, Idaho Code. However, the board shall not approve an expanded scope of practice pursuant to this subsection if such additional licensure does not authorize such scope of practice.
(4)(a) The scope of practice for a licensed naturopathic doctor shall be established by rule of the board and shall be limited to the following:
(i) Diagnosis and treatment of conditions affecting the human body, including vitamins, minerals, or other natural methods;
(ii) Diagnosis and care of patients using a system of practice that bases treatment of physiological functions and abnormal conditions on natural laws governing the human body, including utilizing physiological, psychological, and mechanical methods, electromagnetism, therapeutic exercise, homeopathic medicine, decompression, traction, biofeedback, electrotherapy, physiotherapy, mechanotherapy, naturopathic corrections, neurofeedback, natural methods and substances that support hormonal and cellular health, phytotherapy, and food and herb therapies; and
(iii) Physical examination procedures and laboratory procedures, including ordering imaging and diagnostic tests for purposes of diagnosis.
(b) Other practices that are consistent with this chapter may be allowed pursuant to the rules of the board.
(5) Minor procedures using local anesthetics may be performed only if a licensed naturopathic doctor has had postgraduate surgical training in residency, possesses relevant board certification, is licensed under another chapter of title 54, Idaho Code, that authorizes minor procedures, and is expressly authorized by the board to perform minor procedures.
(6) No licensed naturopathic doctor shall perform minor procedures, prescribe legend drugs, or perform any other action unless otherwise expressly authorized by this chapter and such action is pursuant to the rules of the board.
[54-5906, added 2022, ch. 194, sec. 1, p. 639.]
(1) Licensed naturopathic doctors may be granted certain prescriptive rights as part of their scope of practice. However, prescriptive rights for licensed naturopathic doctors shall be granted and maintained only if the licensed naturopathic doctor:
(a) Currently possesses and maintains a full federal drug enforcement agency (DEA) registration that is in good standing prior to seeking prescriptive rights under his license;
(b) Has completed at least forty-five (45) credit hours of pharmacology from an institution accredited by the United States department of education; and
(c) Possesses a current, valid, and unrestricted license issued pursuant to title 54, Idaho Code, that permits such person to prescribe legend drugs.
(2) Licensed naturopathic doctors’ individual prescriptive rights pursuant to this section shall be limited to all medications, treatments, or any other item to be prescribed as outlined and approved by the board. However, the board shall not approve any medication, treatment, or any other similar item that is not approved by the formulary committee.
(3) This section shall not and is not intended to authorize group licensure for all individuals licensed under this chapter. Each licensed naturopathic doctor must, on an individual basis, receive approval from the board to prescribe legend drugs as a licensed naturopathic doctor.
(4) The board, by rule, shall ensure that any approval of a licensed naturopathic doctor’s request to prescribe as a licensed naturopathic doctor does not exceed the prescriptive scope the licensed naturopathic doctor previously possessed prior to licensure under this chapter.
[54-5907, added 2022, ch. 194, sec. 1, p. 640.]
(1) Naturopaths who are not licensed naturopathic doctors may, but shall not be required to, obtain registration under the provisions of this chapter and pursuant to the rules of the board.
(2) The scope of practice for a registered naturopath under this chapter shall be limited to practices permitted pursuant to section 54-1804(1)(l), Idaho Code.
[54-5908, added 2022, ch. 194, sec. 1, p. 640.]
(1) The board shall issue and renew licenses or issue and renew registrations to persons who have qualified for such license or registration pursuant to the provisions of this chapter.
(2) The board may deny an application for licensure or registration, revoke a license or registration, or place restrictions on a license or registration if the holder of such license or registration or applicant for licensure or registration:
(a) Is a current health care professional whose licensure is or previously has been revoked, suspended, placed on probation, reprimanded, limited, restricted, or conditioned, or if such person has been or is currently subject to disciplinary action with respect to professional licensure;
(b) Engages in conduct prohibited by this chapter;
(c) Obtains or attempts to obtain the issuance or renewal of a license or registration pursuant to this chapter by means of fraud, misrepresentation, or concealment of material facts;
(d) Has at any time failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;
(e) Engages in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the licensed naturopathic doctor or registered naturopath by the client;
(f) Fails to, or has previously failed to, adhere to the limitations set forth in section 54-1804(1)(l), Idaho Code;
(g) Is convicted of, or in the past was convicted of, a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(h) Engages in conduct that violates the provisions of this chapter, the rules of the board, or the terms of any license or registration issued by the board; or
(i) Fails to comply with a board order entered in any disciplinary matter.
(3) In making a determination under subsection (2) of this section, the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(4) An applicant for a license or registration under this chapter shall submit any fee established pursuant to board rules.
(5) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
[54-5909, added 2022, ch. 194, sec. 1, p. 641; am. 2024, ch. 86, sec. 54, p. 421.]
Any member or agent of the board, any member who has served on the board, or any person under oath shall not be subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations or vindictive violations of this chapter or board rules.
[54-5910, added 2022, ch. 194, sec. 1, p. 641.]
Each individual licensed or registered under this chapter shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases and all matters pertaining to public health. Failure to comply with these requirements shall constitute grounds for disciplinary action pursuant to the provisions of this chapter and the laws of the state of Idaho.
[54-5911, added 2022, ch. 194, sec. 1, p. 641.]
(1) The board shall appoint a formulary committee consisting of one (1) member who is a pharmacist (PharmD) who is not licensed under this chapter but is licensed pursuant to Idaho Code, two (2) members who are either a doctor of osteopathy or a doctor of medicine and who are not licensed under this chapter but are licensed pursuant to Idaho Code, and two (2) members who are licensed under this chapter and possess full federal drug enforcement agency (DEA) registration in good standing.
(2) All members of the formulary committee shall possess a valid and active DEA number and be authorized to prescribe within the United States.
(3) Initially, three (3) members shall serve for three (3) years and two (2) members shall serve for two (2) years. After the initial appointments, all terms of appointment shall be for three (3) years. No member may serve for more than two (2) consecutive terms.
(4) The formulary committee shall act in an advisory role in evaluating prescriptive authority for applicants or other similar issues as called upon by the board. However, the formulary committee shall first approve the scope of prescriptive rights that individuals licensed under this chapter may use before the board approves the scope of prescriptive rights.
[54-5912, added 2022, ch. 194, sec. 1, p. 642; am. 2026, ch. 314, sec. 3, p. 1262.]
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