T46CH9
Title 46 > T46CH9
Sections (22)
46-901
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-901. short title. This chapter shall be known and may be cited as the Emergency Medical Services Act. History: [46-901, added 2025, ch. 94, sec. 2, p. 444.]
46-902
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-902. legislative purpose — construction of chapter. (1) The purpose of this chapter is to recognize that the delivery of emergency medical services is critical to the life, health, and safety of Idahoans and to provide reasonable regulation of such services. Any regulations under this chapter shall be narrowly tailored, and all licensing requirements shall not be more restrictive than neighboring states or comparably situated states. (2) To carry out this purpose, the provisions of section 54-1804 , Idaho Code, shall not be construed as to prohibit or penalize emergency medical services rendered by a person authorized to render emergency medical services by this chapter if such emergency medical service is rendered under the responsible supervision and control of a physician licensed in Idaho. History: [(46-902) (56-1011) (39-139) 39-140, added 1976, ch. 187, sec. 1, p. 674; am. and redesig. 1996, ch. 26, sec. 2, p. 61; am. and redesig. 2001, ch. 110, sec. 4, p. 377; am. 2009, ch. 189, sec. 1, p. 611; am. 2010, ch. 79, sec. 34, p. 155; am. and redesig. 2025, ch. 94, sec. 3, p. 450.]
46-903
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-903. Definitions. As used in this chapter: (1) Advanced emergency medical technician means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, carries out the practice of emergency care within the scope of practice determined by the division, and practices under the supervision of an Idaho licensed physician. (2) Agency means any organization licensed under this chapter that operates an air medical service, ambulance service or nontransport service. (3) Air ambulance means any privately or publicly owned fixed wing aircraft or rotary wing aircraft used for, or intended to be used for, the transportation of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. This may include dual or multipurpose vehicles that otherwise comply with this chapter and applicable regulations. (4) Air medical service means an agency licensed under this chapter that responds to requests for patient care and transportation from hospitals and EMS agencies using a fixed wing aircraft or rotary wing aircraft. (5) Ambulance service means an agency licensed under this chapter operated with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. (6) Applicant means any organization that is requesting an agency license under this chapter and includes the following: (a) An organization seeking a new license; (b) An existing agency that intends to change the level of licensed personnel it utilizes; (c) An existing agency that intends to change its geographic coverage area, except by agency annexation; (d) An existing nontransport service that intends to provide ambulance service; (e) An existing ambulance service that intends to discontinue transport and become a nontransport service. (7) Community emergency medical technician or community EMT means an emergency medical technician or advanced emergency medical technician with additional standardized training who works within a designated community health emergency medical services program under local medical control as part of a community-based team of health and social services providers. (8) Community health emergency medical services or community health EMS means the evaluation, advice or treatment of an eligible recipient outside of a hospital setting that is specifically requested for the purpose of preventing or improving a particular medical condition and that is provided by a licensed emergency medical services agency. Community health EMS involving or related to emergency response must be provided by or in coordination with the primary 911 response agency for that area. (9) Community paramedic means a paramedic with ad
46-904
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-904. emergency medical services — medical director. (1) Consistent with provisions of this chapter, there is hereby established within the division an emergency medical services program. The adjutant general, as administrator of the division, shall supervise and administer the emergency medical services program and shall hire or cause to be hired the necessary personnel responsible for administering it. The responsibilities of the emergency medical services program shall include but are not limited to assisting qualified entities in providing first aid emergency medical services and providing transportation of the sick and injured. The division is authorized to establish regulations regarding the administration of emergency medical services, licensing, and certification in Idaho and to issue emergency medical services certifications, licenses, and permits. (2) The division shall adopt standards concerning the administration of this chapter, including criteria for educational programs, certification and licensure of personnel, certification of EMS instructors, licensure of ambulance, air medical and nontransport services, manufacturing standards for ambulances and nontransport vehicles, criteria for the use of air medical services by licensed EMS personnel at emergency scenes, establishment of fees for training, inspections, and licensure, appropriate requirements for renewal of licensure of personnel and agencies, and the management of complaints, investigations, and license actions against licensed EMS personnel and agencies. Additionally, in consultation with the medical director, the division shall develop guidelines, standards, and procedures for reducing exposure to pathogens from human blood, tissue, or fluids. Such guidelines, standards, and procedures shall be made available to all law enforcement personnel, all emergency medical services personnel and agencies, and such other emergency personnel who request such information. (3) By employment or contract, the division shall retain the services of a physician licensed in the state of Idaho with experience in emergency medicine to serve as medical director. The medical director shall not be the person hired by the adjutant general to administer the emergency medical services program. The medical director shall: (a) Advise program leadership on standards for scope of practice and the required level of medical supervision by a physician for personnel and agencies licensed under this chapter; (b) Advise program leadership on disciplinary actions against licensed personnel and agencies; and (c) Carry out any other function assigned to him in law or at the request of program leadership. History: [46-904, added 2025, ch. 94, sec. 2, p. 444.]
46-905
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-905. use and distribution of emergency medical services funds — county accountability. (1) The division shall be responsible for distributing moneys, subject to legislative appropriation, from the emergency medical services vehicle and equipment grant fund created in section 57-830 , Idaho Code, to qualifying nonprofit and governmental entities that submit an application for a grant from the fund. Grants from the fund may cover the cost of vehicles and equipment, training, licensing expenses, communication technology, dispatch services, and costs associated with assuring the performance of planned coverage and emergency response, including highway safety and emergency response to motor vehicle accidents. (a) The division shall approve grants from the fund based on the following criteria: (i) The applicant is a nonprofit or governmental entity that holds a current license as an ambulance or nontransport service issued by the division; (ii) The applicant has demonstrated need based on criteria established by the division; (iii) The applicant has provided verification that it has received the approval and endorsement of a fire district, city, or county within its service area; (iv) The applicant has certified that the title to any vehicle purchased with funds from the fund shall be in the name of the fire district, city, or county that endorsed the application and shall submit proof of titling to the division as soon as practicable; and (v) The state of Idaho shall retain a security interest in the vehicle to secure the performance of the grant recipient to utilize the vehicle consistent with the intent described in the application. (b) Notwithstanding the requirements of paragraph (a)(iii) and (iv) of this subsection, the division is authorized to approve and issue a grant to an applicant in the absence of an endorsement if the endorsement is withheld without adequate justification. (2) The division shall be responsible for distributing moneys, subject to legislative appropriation, from the emergency medical services fund created in section 57-829 , Idaho Code. Moneys in the fund shall be used exclusively for costs associated with emergency medical services. However, if the legislature appropriates moneys to the fund for sustainability grants to cover personnel and operating costs associated with assuring the sustainability and availability of emergency medical services, applicants may only be approved by the division subject to the following criteria: (a) The applicant is a nonprofit or governmental entity that holds a current emergency medical services agency license issued by the division that authorizes the agency as a 911 response agency; (b) The application clearly defines the applicant’s service area specific to 911 response; (c) The applicant must certify, if it is eligible to bill for services, that it has billed health insurance carriers for at least eighty
46-906
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-906. recognition of ems personnel licensure interstate compact (replica). The recognition of EMS personnel licensure interstate compact (REPLICA) is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows: SECTION I PURPOSE In order to protect the public through verification of competency and ensure accountability for patient care-related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives: (1) Increase public access to EMS personnel; (2) Enhance the states’ ability to protect the public’s health and safety, especially patient safety; (3) Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation; (4) Support licensing of military members who are separating from an active duty tour and their spouses; (5) Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information; (6) Promote compliance with the laws governing EMS personnel practice in each member state; and (7) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses. SECTION II DEFINITIONS As used in this compact: (1) Advanced emergency medical technician (AEMT) means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the national EMS education standards and national EMS scope of practice model. (2) Adverse action means any administrative, civil, equitable or criminal action permitted by a state’s laws that may be imposed against licensed EMS personnel by a state EMS authority or state court, including but not limited to actions against an individual’s license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority. (3) Alternative program means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authori
46-907
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-907. Authorized actions. Persons licensed under this chapter shall be authorized to perform such acts under written or oral authorization of a licensed physician as established by the division, including but not limited to administration of intravenous solutions and drugs, cardiac defibrillation, airway management, endotracheal intubation, community health emergency medical services and other patient care. History: [(46-907) (56-1013) 39-141, added 1996, ch. 26, sec. 4, p. 63; am. and redesig. 2001, ch. 110, sec. 6, p. 379; am. 2006, ch. 421, sec. 2, p. 1303; am. 2009, ch. 189, sec. 3, p. 614; am. 2015, ch. 157, sec. 4, p. 552; am. and redesig. 2025, ch. 94, sec. 5, p. 453.]
46-908
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-908. Liability. (1) No act or omission of any person who is duly licensed under this chapter done or omitted in good faith while rendering emergency medical services to a person or persons who are perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury shall impose any liability upon those personnel, the supervising physician, the hospital, the organization providing the service, or on a federal, state, county, city or other local governmental unit, or on employees of such governmental unit, unless such provider of care or such personnel is shown to have caused injury and damages to such person or persons as a proximate result of such personnel’s reckless or grossly negligent misconduct, which shall be the sole grounds for civil liability of such persons in the provision of care or assistance under this chapter, regardless of the circumstance under which such care or assistance may be provided. This section shall not relieve the organization or agency operating the service from the duty of securing, maintaining and operating the equipment and licensure designated for use in performing the emergency medical services. (2) The provisions of subsection (1) of this section shall apply to licensed personnel of another state of the United States who enter this state in response to an emergency to render emergency medical services to a person who is perceived to need immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. (3) No act or omission of any person authorized under this chapter to provide community health emergency medical services shall impose any liability on such person or the person’s agency or supervising physician where the act or omission occurs in the course of providing authorized services and is done or omitted in good faith, unless the person is shown to have caused injury as a result of reckless or grossly negligent misconduct. History: [(46-908) (56-1014) 39-142, added 1976, ch. 187, sec. 3, p. 676; am. 1996, ch. 26, sec. 5, p. 64; am. and redesig. 2001, ch. 110, sec. 7, p. 380; am. 2009, ch. 189, sec. 5, p. 615; am. 2010, ch. 138, sec. 3, p. 293; am. 2015, ch. 157, sec. 5, p. 553; am. and redesig. 2025, ch. 94, sec. 6, p. 453.]
46-909
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-909. Failure to obtain consent. Notwithstanding the provisions of section 32-1015 , Idaho Code, no person licensed under this chapter or physician or hospital licensed in this state shall be subject to civil liability based solely on failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual regardless of age where that individual is unable to give this consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care; provided, however, that such person, physician, or hospital has acted in good faith and without knowledge of facts negating consent. The provision or refusal of consent under this chapter shall be governed by chapter 45, title 39 , Idaho Code. History: [(46-909) (56-1015) 39-143, added 1976, ch. 187, sec. 4, p. 674; am. 1996, ch. 26, sec. 6, p. 61; am. and redesig. 2001, ch. 110, sec. 8, p. 373; am. 2005, ch. 120, sec. 7, p. 393; am. 2009, ch. 189, sec. 6, p. 616; am. and redesig. 2025, ch. 94, sec. 7, p. 454.]
46-910
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-910. agency minimum standards. (1) Each ambulance service, air medical service and nontransport service shall be licensed under this chapter based on the level of licensed personnel it utilizes, transport capability and self-declared geographic coverage area and shall meet the following standards: (a) Personnel during transport or transfer — There shall be at least two (2) crew members on each patient transport or transfer, with the crew member delivering patient care being, at a minimum, a licensed emergency medical technician (EMT) or a licensed emergency medical responder (EMR) with a valid ambulance certification issued by the division. (b) Dispatch — Each licensed EMS agency shall have a twenty-four (24) hour dispatch arrangement and shall respond to calls on a twenty-four (24) hour basis. (c) Agency inspections and licensing — The division shall conduct inspections at least annually related to agency licensing or shall contract to have the inspections carried out. Each agency shall have a current state license in order to operate. (d) Ambulance service minimum standards waiver — The controlling authority providing ambulance services may petition the division for waiver of the ambulance standards of subsection (2) of this section if compliance with these standards would cause undue hardship on the community being served, or would result in abandonment of ambulance services. (e) Nontransport service minimum standards waiver — The controlling authority providing nontransport services may petition the division for waiver of the twenty-four (24) hour response requirement of this section if the petition demonstrates that the community, setting, industrial site or event is not populated on a twenty-four (24) hour basis or does not exist on a three hundred sixty-five (365) day per year basis or if compliance with these standards would cause undue hardship on the community being served or would result in abandonment of nontransport services. (f) Supervision — A licensed physician shall supervise the medical activities provided by licensed personnel affiliated with the licensed agency, including but not limited to establishing standing orders and protocols, reviewing performance of licensed personnel, approving methods for licensed personnel to receive instructions for patient care via radio, telephone or in person, and other oversight as provided in regulation. (2) Applicants must submit the following information with their applications and agree to meet the following requirements as a condition of licensure: (a) A declaration of anticipated applicant agency costs and revenues; a statement of projected changes in response time; and a narrative describing projected clinical benefits to patients resulting from licensure using methods defined in applicable regulations concerning such matters on an application provided by the division; and (b) Collect and report data to th
46-911
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-911. personnel and agencies licensure actions — grounds — procedure. (1) Subject to the provisions of chapter 52, title 67 , Idaho Code, the division, upon recommendation of the EMS medical director, may deny a license or refuse to renew a license for a person, or may suspend or revoke a license or may impose probationary conditions, if the holder of a license or the applicant for a license has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes but is not limited to: (a) Obtaining a license by means of fraud, misrepresentation, or concealment of a material fact; (b) Being found guilty of unprofessional conduct as defined by the division; (c) Being convicted of a crime that would have a direct and adverse bearing on the licensee’s ability to practice or perform emergency medical care competently; (d) The unauthorized practice of medicine; (e) Violating any provisions of this chapter or any regulations adopted under this chapter; and (f) Being found mentally incompetent by a court of competent jurisdiction. (2) Subject to the provisions of chapter 52, title 67 , Idaho Code, the division may deny, revoke, or refuse to renew a license of an agency, or may impose probationary conditions or fines as a condition of an agency’s ability to retain a license in accordance with regulations adopted by the division. (3) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions on a license may be ordered by the division after opportunity for a hearing as provided in section 46-910 (4), Idaho Code. (4) An application for reinstatement may be filed with the division one (1) year from the date of license revocation. In the event a timely application is filed, the division, upon recommendation of the EMS medical director, may accept or reject the application for reinstatement. An opportunity for a hearing as provided in section 46-910 (4), Idaho Code, shall follow any rejection under this subsection, and the opportunity for appeal as set forth in chapter 52, title 67 , Idaho Code, shall follow if the division affirms its initial decision. History: [46-911, added 2025, ch. 94, sec. 2, p. 446.]
46-912
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-912. Rules. Emergency medical service rules that are in effect on July 1, 2025, shall remain in effect as if promulgated by the division and may be amended as necessary by the division consistent with chapter 52, title 67 , Idaho Code, subject to legislative approval. Provided however, any authority to promulgate rules under this chapter shall be null, void, and of no effect on and after July 1, 2027. History: [(46-912) (56-1023) (56-1017), 39-145, added 1976, ch. 187, sec. 6, p. 678; am. 1988, ch. 16, sec. 1, p. 19; am. 1996, ch. 26, sec. 8, p. 65; am. and redesig. 2001, ch. 110, sec. 10, p. 381; am. 2004, ch. 362, sec. 1, p. 1082; am. 2006, ch. 421, sec. 5, p. 1305; am. 2007, ch. 306, sec. 2, p. 858; am. and redesig. 2009, ch. 189, sec. 9, p. 618; am. and redesig. 2025, ch. 94, sec. 9, p. 456.]
46-913
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-913. penalties for violations. (1) Any person who practices or attempts to practice EMS as a licensed provider of emergency care as provided for in this chapter, without having at the time of violation a valid, unexpired, unrestricted, unrevoked, and unsuspended license issued by the division under this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars (1,000) or imprisonment for not more than six (6) months, or both. Each day of continuing violation shall constitute a separate offense. History: [46-913, added 2025, ch. 94, sec. 2, p. 447.]
46-914
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-914. IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT. Time sensitive emergencies, specifically blunt trauma injuries, strokes and heart attacks, were three (3) of the top five (5) causes of death in Idaho in 2011. Numerous studies throughout the United States have demonstrated that organized systems of care improve patient outcomes, thus reducing the frequency of preventable death and improving the functional status of the patient. The institute of medicine’s report Hospital-Based Emergency Care: At the Breaking Point recommended improving the care of critical illness through regionalization by transporting critically ill patients to designated specialized care centers when appropriate. Early treatment and transfer when necessary will save the lives of Idahoans stricken with these emergency conditions. Trauma systems of care are well understood as they have existed in many other states for decades. It is the intent of the legislature, in sections 46-914 through 46-922 , Idaho Code, to create an integrated and responsive system of care for Idaho citizens. The trauma component will serve as the initial framework in a deliberate, incremental implementation approach for a comprehensive system of care for time sensitive emergencies in Idaho. The time sensitive emergency system in Idaho is intended to be voluntary and inclusive. The system will be designed such that all facilities, and in particular critical access hospitals, have the opportunity to participate. No facility shall be excluded from receiving medically appropriate patients based solely on the facility’s decision of not seeking designation. History: [(46-914) 56-1024, added 2014, ch. 147, sec. 1, p. 403; am. and redesig. 2025, ch. 94, sec. 10, p. 456.]
46-915
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-915. IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION and definitions. (1) There is hereby created a voluntary time sensitive emergency system within the division. (2) As used in sections 46-914 through 46-922 , Idaho Code: (a) Confidential information means information that may identify a patient, health care facility, or health care practitioner. (b) Contractor means an individual, partnership, corporation, or other entity performing TSE registry services under a contractual agreement with the division. (c) Council means the Idaho time sensitive emergency system council. (d) De-identified information means records and information contained in the TSE registry, including compilations and analyses thereof, that do not contain information that might identify a patient, health care facility, or health care practitioner. (e) Heart attack means a STEMI, which is a common name for an ST-elevation myocardial infarction, a more precise description of a type of heart attack that is caused by a prolonged period of blocked blood supply that affects a large area of the heart and has a substantial risk of death and disability calling for a quick response. (f) Hospital has the same meaning as in 42 CFR. (g) Stroke means an interruption of blood flow to the brain causing paralysis, slurred speech, or altered brain function usually caused by a blockage in a blood vessel that carries blood to the brain (ischemic stroke) or by a blood vessel bursting (hemorrhagic). (h) Trauma means the result of an act or event that damages, harms, or hurts a human being resulting in intentional or unintentional damage to the body resulting from acute exposure to mechanical, thermal, electrical, or chemical energy or from the absence of such essentials as heat or oxygen. (i) TSE means a time sensitive emergency, specifically trauma, stroke, or heart attack. (j) TSE registry means the population-based data system that provides ongoing and systematic collection, analysis, interpretation, and dissemination of information related to trauma, stroke, and heart attack for system improvement, prevention, and research activities. Elements in the registry shall describe the nature and scope of the injury, illness, or health condition and identify the incidence and prevalence of traumatic injury, illness or health condition, severity of injury, performance of out-of-hospital and hospital emergency medical systems, patient outcomes, and the impact of trauma, stroke, and heart attack on the health care system. (k) TSE system means the organized approach to treating injured patients that establishes and promotes standards for patient transportation, equipment, and information analysis for effective and coordinated TSE care. TSE systems represent a continuum of care that is fully integrated into the emergency medical services system and is a coordinated effort between out-of-hospital and hospital providers with th
46-916
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-916. Idaho time sensitive emergency system — council — composition — duties. (1) There is hereby created within the division the Idaho time sensitive emergency system council. Council members shall be appointed by and serve at the pleasure of the governor. Terms on the council shall be for four (4) years, and vacancies on the council for unexpired terms shall be filled by appointment by the governor for the remainder of the term. Council members shall be selected to assure geographic, rural, and clinical specialty representation. (2) The membership of the council shall include the following: (a) One (1) representative from a facility that either holds or is seeking designation as an Idaho trauma center. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility’s trauma program; (b) One (1) representative from a facility that either holds or is seeking designation as an Idaho stroke facility. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility’s stroke program; (c) One (1) representative from a facility that either holds or is seeking designation as an Idaho heart attack center. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility’s heart attack program; (d) One (1) representative from an EMS agency licensed by the division that serves a primarily urban response area; (e) One (1) representative from an EMS agency licensed by the division that serves a primarily rural response area; (f) One (1) representative from an air medical EMS agency licensed by the division; (g) One (1) administrator of an Idaho hospital that either holds or is seeking Idaho trauma, stroke, or heart attack designation; (h) One (1) chief executive officer or administrator of an Idaho critical access hospital that either holds or is seeking Idaho trauma, stroke, or heart attack designation; (i) One (1) licensed health care provider who routinely works in the emergency department of a hospital that serves a primarily urban area that either holds or is seeking Idaho trauma, stroke, or heart attack designation; (j) One (1) licensed health care provider who routinely works in the emergency department of a hospital that serves a primarily rural area that either holds or is seeking Idaho trauma, stroke, or heart attack designation; and (k) One (1) member of the public. (3) The chair of each regional time sensitive committee established pursuant to section 46-918 , Idaho Code, shall be added as a voting member of the council when the regional time sensitive emergency committee is implemented and the chair is selected. (4) The governor shall appoint a chair who shall serve a term of two (2) years. The council may elect other officers as it may deem necessary and appropriate. The co
46-917
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-917. Idaho time sensitive emergency system — designation as Idaho trauma, stroke, and heart attack centers. (1) The council shall designate a hospital as a trauma, stroke, or heart attack center when such hospital, upon proper application and verification, has been found by the council to meet the applicable level of trauma, stroke, or heart attack center criteria as established by the council. (2) In developing trauma, stroke, and heart attack center designation criteria, the council shall use, as is practicable, appropriate peer-reviewed or evidence-based research, including but not limited to the most recent guidelines of the American college of surgeons committee on trauma, the American college of cardiology, and the American heart association for heart attack centers, the joint commission’s primary stroke center certification program criteria for stroke centers, or primary and comprehensive stroke center recommendations as published by the American stroke association or other nationally recognized authoritative standards. (3) Designation criteria adopted by the council shall be publicly available. (4) The council shall conduct a periodic verification review of every trauma, stroke, and heart attack facility. Verification reviews shall be coordinated for the different types of centers to the extent practicable with hospital resources. No person who has a substantial conflict of interest in the operation of any trauma, stroke, and heart attack center under review shall participate in the verification review of the facility. (5) The council shall coordinate an on-site review as necessary to assure that a hospital meets the criteria for the desired designation. The council may waive an on-site review when a hospital has been verified by a nationally recognized accrediting body to meet or exceed standards established by the council. (6) The council may deny, place on probation, suspend, or revoke any designation when it has reasonable cause to believe that there has been misrepresentation or falsification of information or a substantial failure to comply with the criteria for designation promulgated by the council. If the council has reasonable cause to believe that a hospital is not in compliance with such provisions, it may require the facility to submit additional documentation or undergo additional site reviews to verify compliance. (7) No hospital may hold itself out to the public as an Idaho-designated trauma center, Idaho-designated stroke facility, or Idaho-designated heart attack facility unless it is designated as such by the council. (8) A hospital aggrieved because of a council decision pursuant to this section shall be entitled to appeal as provided in section 46-910 (4), Idaho Code. The opportunity for appeal as set forth in chapter 52, title 67 , Idaho Code, shall follow if the council affirms its initial decision. History: [46-917, added 2025, ch. 94
46-918
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-918. Idaho time sensitive emergency system — regional committees — MEMBERSHIP — DUTIES. (1) As required by this chapter, each substate region designated by the council shall have a time sensitive emergency committee. (2) Membership of each regional TSE committee shall be based on the needs of the region and can be modified as the regional TSE committee determines, but each regional committee shall be initially comprised as follows: (a) Each facility that is designated or is seeking designation by the council as a trauma center, stroke facility or heart attack facility may appoint one (1) representative for each of the designations that the facility holds or is seeking to hold to the regional committee for the region in which the facility is located; (b) Each air medical EMS agency that provides patient transport within the region may appoint one (1) representative; (c) Each hospital that either holds or is seeking Idaho trauma, stroke or heart attack designation may appoint the hospital administrator; (d) Each EMS agency with a response area in the region may appoint one (1) representative; and (e) The regional committee shall include a pediatrician or an expert in children’s trauma. (3) Members of a regional committee shall elect a chair to serve a term of two (2) years. (4) The duties of each regional committee shall be as follows: (a) Implement care guidelines, policies, procedures and protocols for the regional TSE system; (b) Conduct regional quality improvement, including receipt of reports prepared by the council containing trauma, stroke and heart attack data and making recommendations to facilities within the region based upon those reports; (c) Advise the council concerning the statewide system; (d) Establish trauma, stroke and heart attack education and prevention programs; (e) Provide advice concerning trauma, stroke and heart attack care to health care facilities and other providers of health care; (f) Perform other duties required in law and council regulations; and (g) Conduct other activities needed to ensure optimal delivery of trauma, stroke and heart attack care services within the region. History: [(46-918) 56-1030, added 2014, ch. 147, sec. 7, p. 406; am. and redesig. 2025, ch. 94, sec. 12, p. 458.]
46-919
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-919. Idaho time sensitive emergency system — creation of tse registry — purpose. (1) The division, or an authorized contractor of the division, shall: (a) Establish a TSE registry to collect and analyze information on the incidence, severity, causes, and outcomes of TSEs, and other such data necessary to evaluate trauma, strokes, and heart attacks and the health system’s response; (b) Establish the data elements and data dictionary, including child-specific data elements that hospitals must report, and the time frame and format for reporting; and (c) Support, where necessary, data collection and abstraction by providing: (i) A data collection system and technical assistance to each hospital; and (ii) Funding or, at the discretion of the division, personnel for collection and abstraction for each hospital. (2) The specific issues to be identified and evaluated through the TSE registry are: (a) Trauma, stroke, and heart attack TSE surveillance; (b) Geographic patterns of trauma incidence; (c) Types of TSEs treated in hospitals in Idaho; (d) Areas or regions of the state where improvements in the emergency medical system may be needed; (e) Public education and prevention needs and efforts; and (f) Other factors to consider in recommending, designing, or implementing a statewide TSE system. (3) The data collected by the TSE registry shall be of such a nature as to allow the division to identify at least the following: (a) Lack of access to care and improvement of the availability and delivery of prehospital, hospital, and post-acute TSE care; (b) Performance of the out-of-hospital and hospital emergency medical systems; (c) Costs of TSE care; and (d) Outcomes of persons who are victims of TSEs. (4) The division shall evaluate the data collected, as well as data collected from other relevant sources, and shall prepare an annual report. The data shall be used to regularly produce and disseminate aggregated and de-identified analytical reports and for recommending benchmark quality measures and outcomes and needed educational resources to the council. History: [46-919, added 2025, ch. 94, sec. 2, p. 449.]
46-920
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-920. Idaho time sensitive emergency system — Participation in tse registry. (1) Each licensed hospital in the state shall report each case of TSE that meets the inclusion criteria to the division or the authorized contractor of the division within one hundred eighty (180) days of treatment. (2) Each report of TSE shall include information as defined by the division. (3) The division or authorized contractor of the division shall have physical access to all records that would identify reportable cases or establish characteristics, treatment or medical status of reportable cases in the event that there has been a failure to report as delineated in subsections (1) and (2) of this section. (4) Nothing in this chapter shall prevent the division or authorized contractor from identifying and reporting cases using data linkages with death records, other registries, and other potential sources. History: [(46-920) 57-2004, added 2002, ch. 329, sec. 2, p. 930; am. 2014, ch. 147, sec. 12, p. 409; am. and redesig. 2025, ch. 94, sec. 13, p. 458.]
46-921
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-921. idaho time sensitive emergency system — tse registry confidentiality. (1) Records and information contained in the TSE registry shall be kept confidential and may be released only as provided by this chapter and regulations adopted by the division. (2) The division and an authorized contractor may enter into agreements to exchange confidential information with other TSE registries in order to obtain complete reports of Idaho residents treated in other states and to provide information to other states regarding such other state’s residents treated in Idaho. Agreements sharing information from the TSE registry shall include a provision requiring the receiving agency to keep such information confidential. (3) The division and an authorized contractor may, in their discretion, publish or furnish to health researchers and the public de-identified information, including compilations and analyses thereof. (4) The division and an authorized contractor may furnish confidential information to other TSE registries, federal TSE programs, or health researchers in order to perform and collaborate with research studies. Persons and entities receiving confidential information for research purposes must comply with regulations of the division relating to the confidentiality of TSE registry records and information. (5) The division and an authorized contractor may furnish confidential information relating to a specific hospital, including compilations and analyses of such confidential information, to the specific hospital to which it relates. (6) TSE registry records and information shall not be available for purposes of litigation except by order of the court. Any such order shall contain such protective provisions as are reasonable and necessary to prevent the public or further disclosure of the records and information and shall contain a provision requiring the destruction of the records and information when no longer needed for the litigation. History: [46-921, added 2025, ch. 94, sec. 2, p. 450.]
46-922
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 9 EMERGENCY MEDICAL SERVICES ACT 46-922. Idaho time sensitive emergency system — tse registry and limitation of Liability — exceptions. (1) No action for damages arising from the disclosure of confidential information may be maintained against any reporting entities or employees of such entities that participate in good faith in the reporting of TSE registry data in accordance with this chapter. (2) No license of a health care facility or health care practitioner may be denied, suspended or revoked for the good faith disclosure of confidential information in accordance with this chapter. (3) The immunity granted in subsections (1) and (2) of this section shall not be construed to apply to the unauthorized disclosure of confidential information when such disclosure is due to gross negligence or willful misconduct of the reporting entities. History: [(46-922) 57-2007, added 2002, ch. 329, sec. 2, p. 931; am. 2014, ch. 147, sec. 15, p. 410; am. and redesig. 2025, ch. 94, sec. 14, p. 459.]