T54CH14
Title 54 > T54CH14
Sections (24)
54-1401
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1401. Purpose — License required — Representation to the public. 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. History: [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.]
54-1402
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1402. Definitions. 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
54-1403
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1403. Board of nursing. (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. History: [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, se
54-1404
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1404. Board of nursing — Powers and duties. 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. History: [54-1404, added 1977, ch. 132, sec. 2, p. 282; am. 1984, ch. 57, sec. 2, p. 102; am. 1995, ch. 35
54-1405
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1405. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. 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. History: [54-1405, added 2021, ch. 224, sec. 42, p. 674.]
54-1406
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1406. Nursing education programs. 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. History: [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.]
54-1406A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1406A. CERTIFIED MEDICATION ASSISTANT. (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) 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: 1. Filing false credentials; 2. Falsely representing facts on an application for initial certification, renewal, or reinstatement; and 3. Giving or receiving assistance in taking the exam re
54-1407
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1407. License for practical nursing. (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). History: [(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.]
54-1408
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1408. License for registered nursing. (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). History: [(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.]
54-1409
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1409. License for advanced practice registered nursing. (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). History: [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.]
54-1410
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1410. Nurse emeritus license. (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. History: [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.]
54-1410A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1410A. Temporary license. (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. History: [(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.]
54-1411
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1411. Renewal and reinstatement of license. (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). (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. History: [(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.]
54-1411A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1411A. preceptors — continuing education. (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. History: [54-1411A, added 2025, ch. 195, sec. 1, p. 895.]
54-1412
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1412. Exceptions to license requirements. 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. History: [(54-1412), added 1977, ch. 132, sec. 2, p. 285; am. & redesig. 1998, ch. 118, sec. 9, p. 443.]
54-1413
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1413. Disciplinary action. (1) Grounds for discipline. The board shall have the power to refuse to issue, renew or reinstate a license issued pursuant to this chapter and may revoke, suspend, place on probation, reprimand, limit, restrict, condition or take other disciplinary action against the licensee as it deems proper, upon a determination by the board that the licensee 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) Proceedings. (a) The executive director shall conduct such investigations and initiate such proceedings as necessary to ensure compliance with this section. The board may accept the voluntary surrender of a license from any nurse under investigation and accordingly enter an order revokin
54-1414
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1414. Unlawful conduct — Penalties. (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. History: [(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.]
54-1415
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1415. Existing licenses. 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. History: [(54-1415) added 1977, ch. 132, sec. 2, p. 287; am. and redesig. 1998, ch. 118, sec. 12, p. 445.]
54-1416
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1416. Injunction. 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. History: [54-1416, added 1984, ch. 57, sec. 6, p. 105.]
54-1418
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1418. nurse licensure compact. 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: 1. 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; 2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; 3. 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; 4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; 5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and 6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits. b. The general purposes of this compact are to: 1. Facilitate the states’ responsibility to protect the public’s health and safety; 2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; 3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions; 4. Promote compliance with the laws governing the practice of nursing in each jurisdiction; 5. 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; 6. Decrease redundancies in the consideration and issuance of nurse licenses; and 7. 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 administer
54-1419
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1419. advanced practice registered nurse compact. [effective date — see article x of compact] 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: 1. 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; 2. Violations of APRN licensure and other laws regulating the practice of nursing may result in injury or harm to the public; 3. 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; 4. New practice modalities and technology make compliance with individual state APRN licensure laws difficult and complex; 5. The current system of duplicative APRN licensure for APRNs practicing in multiple states is cumbersome and redundant for both APRNs and states; and 6. Uniformity of APRN licensure requirements throughout the states promotes public safety and public health benefits. b. The general purposes of this compact are to: 1. Facilitate the states’ responsibility to protect the public’s health and safety; 2. Ensure and encourage the cooperation of party states in the areas of APRN licensure and regulation, including promotion of uniform licensure requirements; 3. Facilitate the exchange of information between party states in the areas of APRN regulation, investigation and adverse actions; 4. Promote compliance with the laws governing APRN practice in each jurisdiction; 5. 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; 6. Decrease redundancies in the consideration and issuance of APRN licenses; and 7. 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 bo
54-1420
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1420. authority to sign or verify. 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. History: [54-1420, added 2020, ch. 20, sec. 1, p. 56.]
54-1421
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1421. CERTIFIED REGISTERED NURSE ANESTHETIST. (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 e
54-1422
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 14 NURSES 54-1421 [54-1422]. DELEGATION. (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. History: [54-1421 [54-1422], added 2025, ch. 187, sec. 1, p. 873.]