T56CH10

Title 56 > T56CH10

Sections (29)

56-1001

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1001. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) Biological agent means a bacterium, virus, fungus, protozoan, parasite, or other microorganism and associated toxins with the ability to adversely affect human health or cause death. (2) Board means the board of health and welfare as created in section 56-1005 , Idaho Code. (3) Chemical agent means any chemical that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to humans or animals. (4) Department means the department of health and welfare. (5) Director means the director of the department of health and welfare. (6) Isolation means the separation of a person diagnosed with an infectious or a communicable disease, presenting medically unknown symptoms, or contaminated from a chemical, nuclear, or biological agent for a period of time limited to when the person is infectious, displaying medically unknown symptoms, or contaminated. (7) Laboratory means not only facilities for biological, serological, biophysical, cytological and pathological tests but also facilities for the chemical or other examination of materials from water, air or other substances. (8) Medically unknown symptoms means symptoms that are or could be suggestive of an infectious or communicable disease and that do not sufficiently reveal the structural or other specified pathology of an illness on initial examination. (9) Person means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity recognized by law as the subject of rights and duties. (10) Public swimming pool means an artificial structure, and its appurtenances, that contains water more than two (2) feet deep that is used or intended to be used for swimming or recreational bathing, and that is for the use of any segment of the public pursuant to a general invitation but not an invitation to a specific occasion or occasions. The term does not include a swimming pool operated solely for and in conjunction with a hotel, motel or other place of lodging, or a trailer park, apartment, condominium or any other residential facility containing multiple dwellings. (11) Quarantine means the separation of a person exposed to: (a) An infectious or a communicable disease; (b) Another person displaying medically unknown symptoms; or (c) Another person exposed to contamination from a chemical, nuclear, or biological agent; under circumstances likely to result in the spread of the disease, symptoms, or contaminant to the person who had such contact. The separation may last only for a reasonable period of time sufficient to determine whethe

56-1002

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1002. Department of health and welfare — Creation — Administrative regions. (1) There is created and established in the state government a department of health and welfare which shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed by and serve at the pleasure of the governor, with the advice and consent of the senate. (2) The department shall be organized into such administrative and general services divisions as may be necessary in order to efficiently administer the department. Each division shall be headed by a division administrator who shall be appointed by and serve at the pleasure of the director with the concurrence of the board. Any new bureau chief hired to head a bureau shall be appointed by and serve at the pleasure of the director with the concurrence of the board. (3) In order to provide more effective and economical access to the state health and social services by the people of Idaho, the governor is hereby authorized to establish substate administrative regions. In the designation of these regions specific consideration shall be given to the geographic and economic convenience of the citizens included therein. Each substate administrative region shall be headed by a regional director who shall be appointed by and serve at the pleasure of the director with the concurrence of the board. History: [56-1002, added 2000, ch. 132, sec. 38, p. 347; am. 2025, ch. 207, sec. 1, p. 933.]

56-1003

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1003. Powers and duties of the director. The director shall have the following powers and duties: (1) All of the powers and duties of the department of public health, the department of health, the board of health, and all nonenvironmental protection duties of the department of health and welfare are hereby vested to the director of the department of health and welfare. However, oversight of the department and rulemaking and hearing functions relating to public health and licensure and certification standards shall be vested in the board of health and welfare. Except when the authority is vested in the board of health and welfare under law, the director shall have all such powers and duties as may have been or could have been exercised by his predecessors in law, including the authority to adopt, promulgate, and enforce rules, and shall be the successor in law to all contractual obligations entered into by predecessors in law. All rulemaking proceedings and hearings of the director shall be governed by the provisions of chapter 52, title 67 , Idaho Code. (2) The director shall, pursuant and subject to the provisions of Idaho Code and this chapter, promulgate and recommend to the board rules to administer statutes related to health and licensure and certification requirements pertinent to health. Such rules may be of general application across the state or may be limited in time, place, and circumstance as needed to address problems. (3) The director, under rules adopted by the board, shall have general supervision of the health and welfare of the people of this state. The powers and duties of the director shall include but are not limited to the following: (a) The education of the people of this state using guidelines and recommendations for issues of health, safety, mental health, and wellness; (b) The issuance of licenses and permits as prescribed by law and by the rules of the board; (c) The supervision and administration of laboratories and the supervision and administration of standards of tests for environmental pollution, chemical analyses and communicable diseases. The director may require that laboratories operated by any city, county, institution, person, firm or corporation for health or environmental purposes conform to standards set by the board of health and welfare and the board of environmental quality in rule; (d) The supervision and administration of a mental health program, which shall include services for the evaluation, screening, custody and treatment of the mentally ill and those persons suffering from a mental defect or mental defects, and services for the prevention of suicide; (e) The supervision and administration of the various schools, hospitals, and institutions that were the responsibility of the board of health and welfare; (f) The supervision and administration of services dealing with substance abuse, including but not limited to

56-1004

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1004. Director — Additional powers and duties. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position: (a) Prescribe such rules as may be necessary for the administration of the department, the conduct and duties of the employees, the orderly and efficient management of department business, and the custody, use and preservation of department records, papers, books and property belonging to the state; (b) Employ such personnel as may be deemed necessary, prescribe their duties and fix their compensation within the limits provided by the state personnel system law; (c) Administer oaths for all purposes required in the discharge of his duties; (d) Prescribe the qualifications of all personnel of the department on a nonpartisan merit basis, in accordance with the Idaho personnel system law, provided however, that the administrators in charge of any division of the department, and the administrators in charge of the state hospital north, state hospital south, state hospital west, and southwest Idaho treatment center shall serve at the pleasure of the director; (e) Create such units, sections and subdivisions as are or may be necessary for the proper and efficient functioning of the department. (2) The department is empowered to acquire, by purchase, lease or exchange, any property which in the judgment of the department is needful for the operation of the facilities and programs for which it is responsible and to dispose of, by sale, lease or exchange, any property which in the judgment of the department is not needful for the operation of the same. History: [56-1004, added 2000, ch. 132, sec. 38, p. 349; am. 2009, ch. 15, sec. 1, p. 41; am. 2011, ch. 102, sec. 4, p. 262; am. 2022, ch. 60, sec. 5, p. 188.]

56-1004A

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1004A. Criminal history and background checks. (1) To assist in the protection of children and vulnerable adults, the legislature hereby authorizes the department of health and welfare to conduct criminal history and background checks of individuals who provide care or services to vulnerable adults or children and are identified in rule as being required to have a criminal history and background check. (2) To further assist in the protection of vulnerable adults, the department of health and welfare may: (a) Conduct criminal history and background checks of those seeking guardianship or conservatorship and those who reside in an incapacitated person’s proposed residence; (b) Make the findings of such criminal history and background checks available to visitors, guardians ad litem and evaluation committees appointed pursuant to chapter 5, title 15 or chapter 4, title 66 , Idaho Code; and (c) Promulgate such rules as are necessary to carry out the provisions of this section. The provisions of subsection (6) of this section shall not apply to criminal history and background checks conducted pursuant to this subsection. (3) Criminal history and background checks will be conducted by the department of health and welfare when: (a) Required or ordered by the court pursuant to chapter 5, title 15 or chapter 4, title 66 , Idaho Code; (b) Requested by those required to undergo such checks; and (c) Paid for in full by those required to undergo such checks. (4) The criminal history and background check will be a fingerprint-based check of state and national records and may include information from the following: (a) Statewide criminal identification bureau; (b) Federal bureau of investigation (FBI); (c) Statewide sex offender registry; (d) Idaho transportation department driving records; (e) Adult and child protection registries; (f) Nurse aide registry; and (g) Department of health and human services office of the inspector general list of excluded individuals and entities. (5) The department of health and welfare shall promulgate rules to further define those individuals who are required to have a criminal history and background check and the effective date. Each individual shall complete an application, which includes an electronic signature, on forms provided by the department. The completed application authorizes the department to obtain and release information in accordance with state and federal law. The applicant must disclose all information requested, including information on past convictions, driver’s license revocations, and known adult or child protection findings. Once an application has been completed, the employer, at its discretion, may allow the individual to provide care or services prior to the individual completing fingerprinting and pending completion of the criminal history and background check by the department. The department shall promulgate rules

56-1005

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1005. Board — Composition — Officers — Compensation — Powers — Subpoena — Depositions — Review — Rules. (1) The board of health and welfare shall consist of eleven (11) members, seven (7) members of which shall be appointed by the governor, with the advice and consent of the senate. The members appointed by the governor may be removed by the governor for cause. Each member of the board appointed by the governor shall be a citizen of the United States, a resident of the state of Idaho, and a qualified elector. Not more than four (4) members of the board appointed by the governor shall be from any one (1) political party. Of the members of the board appointed by the governor, four (4) members shall be chosen with due regard to their knowledge and interest in health and social services, two (2) members shall be chosen based on their experience in business or finance, and one (1) member shall be selected as a representative of the public at large. The voting members shall be appointed to assure appropriate geographic representation of the state of Idaho. The other four (4) members of the board, who shall be nonvoting members, shall be: (a) The chairperson of the senate health and welfare committee, or the chair’s designee; (b) The chairperson of the house of representatives health and welfare committee, or the chair’s designee; (c) The director of the department of health and welfare, who shall serve as the board’s secretary; and (d) A representative of the office of the governor, as designated by the governor. (2) The members of the board of health and welfare appointed by the governor, serving on the effective date of this act shall continue in office as members of the board of health and welfare. All members of the board of health and welfare appointed by the governor shall serve four (4) year terms. (3) The voting members of the board annually shall elect a chairman and a vice chairman, who shall be voting members of the board. The board shall hold meetings no less than once every quarter. Special meetings of the board may be called by the chairman of the board, by a majority of the voting members of the board or, on written request, by the director of the department of health and welfare. A majority of the voting members shall be necessary to constitute a quorum at any regular or special meeting and the action of the majority of members present shall be the action of the board. The members of the board shall be compensated as provided in section 59-509 (p), Idaho Code. (4) The board, in furtherance of its duties under law and under its rules, shall have the power to administer oaths, certify to official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony. The board may, if a witness refuses to attend or testify, or to produce any papers required by such subpoenas, report to the dist

56-1006

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1006. Title superseded. Except with respect to environmental protection functions, wherever the words board of health appear in the Idaho Code, they shall mean the board of health and welfare, and wherever the words administrator of health appear in the Idaho Code, they shall mean the director of the department of health and welfare, and wherever the words department of health appear in the Idaho Code, they shall mean the department of health and welfare. History: [56-1006, added 2000, ch. 132, sec. 38, p. 351.]

56-1007

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1007. Collection of fees for services. The department of health and welfare is hereby authorized to charge and collect reasonable fees, established by rule, for any service rendered by the department. The fee may be determined by a sliding scale according to income or available assets. The department is hereby authorized to require information concerning the total income and assets of each person receiving services in order to determine the amount of the fee to be charged. The state laboratory is authorized to charge testing fees at market rates that do not disadvantage entities offering similar services. History: [56-1007, added 2000, ch. 132, sec. 38, p. 351; am. 2025, ch. 84, sec. 12, p. 397.]

56-1008

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1008. Criminal violation — Penalty. Any person who willfully or negligently violates any of the provisions of the public health laws or the terms of any lawful notice, order, permit, standard, or rule issued pursuant thereto, shall be guilty of a misdemeanor. History: [56-1008, added 2000, ch. 132, sec. 38, p. 351.]

56-1009

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1009. Investigation — Inspection — Right of entry — Violation — Enforcement — Penalty — Injunctions. (1) The director shall cause investigations to be made upon receipt of information concerning an alleged violation of this chapter or of any rule, permit or order promulgated thereunder, and may cause to be made such other investigations as the director shall deem advisable. (2) For the purpose of enforcing any provision of this chapter or any rule authorized in this chapter, the director or the director’s designee shall have the authority to: (a) Conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential health hazards; (b) Enter at all reasonable times upon any private or public property, upon presentation of appropriate credentials, for the purpose of inspecting or investigating to ascertain possible violations of this chapter or of rules, permits or orders adopted and promulgated by the director or the board; (c) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a public health emergency; (d) Any district court in and for the county in which the subject property is located is authorized to issue a search warrant to the director upon a showing of (i) probable cause to suspect a violation, or (ii) the existence of a reasonable program of inspection. Any search warrant issued under the authority of this chapter shall be limited in scope to the specific purposes for which it is issued and shall state with specificity the manner and the scope of the search authorized. (3) Whenever the director determines that any person is in violation of any provision of this chapter or any rule, permit or order issued or promulgated pursuant to this chapter, the director may commence either of the following: (a) Administrative enforcement action. (i) Notice. The director may commence an administrative enforcement action by issuing a written notice of violation. The notice of violation shall identify the alleged violation with specificity, shall specify each provision of the chapter, rule, regulation, permit or order which has been violated, and shall state the amount of civil penalty claimed for each violation. The notice of violation shall inform the person to whom it is directed of an opportunity to confer with the director or the director’s designee in a compliance conference concerning the alleged violation. A written response may be required with

56-1010

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1010. Commencement of civil enforcement actions — Criminal actions authorized — Duties of attorney general. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 56-1009 , Idaho Code, and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. In addition, when deemed by the director to be necessary, the director may retain or employ private counsel. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise. History: [56-1010, added 2001, ch. 110, sec. 3, p. 377.]

56-1019

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1019. Services to victims of cystic fibrosis. The department of health and welfare shall establish, through the crippled children’s program, a program of services to persons suffering from cystic fibrosis who are twenty-one (21) years or more of age. The department shall establish uniform standards of financial eligibility for services provided under this section. History: [(56-1019) 39-147, added 1978, ch. 334, sec. 2, p. 863; am. 1986, ch. 38, sec. 1, p. 121; am. and redesig. 2001, ch. 110, sec. 14, p. 383.]

56-1036

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1036. Legislative intent. (1) The legislature finds that accidental poisoning is a serious public health problem in the state of Idaho and is a problem that disproportionately affects Idaho’s children. It further finds that a significant reduction in the morbidity and mortality resulting from such accidental poisonings has occurred as a result of the services provided by the poison control center. (2) The purpose of sections 56-1036 through 56-1039 , Idaho Code, is to declare legislative support for the important work of the poison control center and to assure, by statute, the continued existence of the poison control center. (3) The legislature finds that the poison control center has saved lives and reduced suffering associated with poisoning by providing emergency telephone assistance and treatment referral to victims of such incidents, by providing immediate treatment information to health care professionals, and by providing public education and prevention programs. (4) The legislature recognizes that enhanced cooperation between the emergency medical system and poison control centers will aid in responding to emergencies resulting from exposure to poisons and that, by providing telephone assistance to individuals with possible exposure to poisons, the need for emergency room and professional office visits will be reduced. As a result, the cost of health care to those who may have been poisoned will be avoided or reduced and appropriate treatment will be assured. History: [(56-1036) 39-166, added 1996, ch. 147, sec. 1, p. 483; am. and redesig. 2001, ch. 110, sec. 31, p. 387; am. 2025, ch. 82, sec. 108, p. 391.]

56-1037

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1037. Poison control center established — Services offered. The director of the department of health and welfare (for purposes of sections 56-1036 through 56-1039 , Idaho Code, director ) shall establish, and provide support in a manner consistent with sections 56-1036 through 56-1039 , Idaho Code, a statewide poison control center. The poison control center shall offer the following services: (1) Provide twenty-four (24) hour emergency telephone management and treatment referral of victims of poisoning to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required, and carrying out telephone follow-up to families and other individuals to assure that adequate care is provided; (2) Provide information to health professionals involved in management of poisoning and overdose victims; and (3) Provide coordination and development of community education programs designed to inform the public and members of the health professions of poison prevention and treatment methods and to improve awareness of poisoning problems, occupational risks and environmental exposures. History: [(56-1037) 39-167, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 32, p. 388; am. 2025, ch. 82, sec. 109, p. 391.]

56-1039

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1039. Power to accept federal funds and gifts. The director may accept federal funds granted by congress or executive order, as well as gifts, grants, endowments and/or donations from individuals and private organizations or foundations for all or any of the purposes of the poison control center. History: [(56-1039) 39-169, added 1996, ch. 147, sec. 1, p. 484; am. and redesig. 2001, ch. 110, sec. 34, p. 388.]

56-1041

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1041. State x-ray control agency. (1) The state department of health and welfare is designated as the state agency having the responsibility for administration of the regulatory, licensing and radiation control provisions associated with x-ray producing machines, as defined in section 56-1042 , Idaho Code. (2) The director of the department of health and welfare shall be administrator of the agency, hereinafter referred to as the director, who shall perform the functions vested in the agency pursuant to the provisions of sections 56-1041 through 56-1053 , Idaho Code. (3) In accordance with the laws of the state, the director may appoint, fix the compensation, and prescribe the powers and duties of such individuals, including consultants, advisory councils, emergency teams and committees as may be necessary to carry out the provisions of sections 56-1041 through 56-1053 , Idaho Code. The personnel engaged in field activities of evaluation and inspection shall at least have a baccalaureate degree in the physical and/or life sciences, or the equivalent, and be trained in health physics. (4) The agency shall for the protection of the occupational and public health and safety: (a) Develop programs for evaluation of hazards associated with use of radiation; (b) Formulate and recommend that the board of health and welfare adopt, promulgate and repeal codes, rules and standards relating to control of x-ray producing machines; (c) Advise, consult, and cooperate with other agencies of the state, and federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of x-ray producing machines; (d) Encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to x-ray producing machines; (e) Collect and disseminate information relating to control of x-ray producing machines, including: (i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations; and (ii) Maintenance of a file of registrants possessing x-ray producing machines requiring registration under the provisions of sections 56-1041 through 56-1053 , Idaho Code, and any administrative or judicial action pertaining thereto; (f) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions from the federal government and from other sources, public or private; (g) Issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records and documents. History: [56-1041, added 2001, ch. 110, sec. 37, p. 390.]

56-1042

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1042. Definitions. As used in sections 56-1041 through 56-1053 , Idaho Code: (1) Board means the Idaho board of health and welfare. (2) Department means the Idaho department of health and welfare. (3) Electronic product means any manufactured product or device or component part of such a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation. (4) Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing. (5) Registration means registration by any person possessing an x-ray producing machine in accordance with rules and standards adopted by the state board of health and welfare. (6) X-ray producing machine means any type of device which is capable of producing or emitting x-rays. History: [56-1042, added 2001, ch. 110, sec. 38, p. 391.]

56-1043

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1043. Rules — Licensing requirements and procedure — Registration of x-ray producing machines — Exemptions from registration or licensing. (1) The board of health and welfare shall provide, by rule, for general or specific licensing of x-ray producing machines. Such rule shall provide for amendment, suspension or revocation of licenses. Such rule shall provide that: (a) Each application for a specific license shall be in writing and shall state such information as the board, by rule, may determine to be necessary to decide the technical, insurance and financial qualifications, or any other qualification of the applicant as the department may deem reasonable and necessary to protect the occupational and public health and safety. The department may at any time after the filing of the application, and before the expiration of the license, require further written statements and shall make such inspections as the department deems necessary in order to determine whether the license should be granted or denied or whether the license should be modified, suspended or revoked. In no event shall the department grant a specific license to any applicant who has never possessed a specific license issued by a recognized state or federal authority until the department has conducted an inspection or review which insures that the applicant can meet the rules and standards adopted pursuant to sections 56-1041 through 56-1053 , Idaho Code. All applications and statements shall be signed by the applicant or licensee. The department may require any applications or statements to be made under oath or affirmation; (b) Each license shall be in such form and contain such terms and conditions as the board may by rule prescribe; (c) No license issued under the authority of sections 56-1041 through 56-1053 , Idaho Code, and no right to process or utilize x-ray producing machines granted by any license shall be assigned or in any manner disposed of; and (d) The terms and conditions of all licenses shall be subject to amendment, revision or modification by rules or orders issued in accordance with the provisions of sections 56-1041 through 56-1053 , Idaho Code. (2) The board of health and welfare may require licensing of those persons installing or repairing x-ray producing machines which the board has determined to present a potential hazard to the occupational and public health and safety. Such licensing requirements shall provide that: (a) Each application for a license shall be in writing and shall state such information as the board, by rule, may determine to be necessary to decide the technical, insurance and financial qualifications, or any other qualification of the applicant as the department may deem reasonable and necessary. The department may at any time after the filing of the application, and before the expiration of the license, require further written statements and shall make

56-1044

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1044. Radiation machines used to perform mammography. (1) No person shall use a radiation machine to perform mammography unless the radiation machine is registered with the department of health and welfare under department rules for registration of radiation machines and is specifically authorized under this section for use for mammography. (2) The department shall authorize a radiation machine for use for mammography if the radiation machine meets the current criteria of the American college of radiology mammography accreditation program, published by the American college of radiology, or meets an equivalent standard adopted by the department. The department shall make copies of those criteria available to the public. (3) The department may withdraw the mammography authorization for a radiation machine if it does not meet the standards set forth in subsection (2) of this section. (4) The department shall provide an opportunity for a hearing in connection with a denial or withdrawal of mammography authorization. (5) Upon a finding that a deficiency in a radiation machine used for mammography or a violation of the rules promulgated under this section seriously affects the health, safety, and welfare of individuals upon whom the radiation machine is used for mammography, the department may issue an emergency order summarily withdrawing the mammography authorization of the radiation machine. The department shall incorporate its findings in the order and shall provide an opportunity for a hearing within five (5) working days after issuance of the order. The order shall be effective during the proceedings. (6) If the department withdraws the mammography authorization of a radiation machine, the radiation machine shall not be used for mammography until reauthorized by the department. (7) If a person violates the provisions of subsection (1) of this section, the department shall post a conspicuous notice on the unauthorized radiation machine and at the entry to the facility where the radiation machine is located warning the public that the facility is performing mammography using a radiation machine that is a substantial hazard to the public health. History: [(56-1044) 39-3030, added 1991, ch. 172, sec. 1, p. 419; am. and redesig. 2001, ch. 110, sec. 36, p. 389.]

56-1045

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1045. Inspection. The department or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of sections 56-1041 through 56-1053 , Idaho Code, and rules issued thereunder, except that entry into areas under the exclusive jurisdiction of the federal government, or security areas under the direct or indirect jurisdiction of the federal government, shall be effected only with the concurrence of the federal government or its duly designated representative. History: [56-1045, added 2001, ch. 110, sec. 40, p. 393.]

56-1046

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1046. Records. (1) The department shall require each person who possesses or uses an x-ray producing machine to maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the department may require which will permit the determination of the extent of occupational and public exposure from the x-ray producing machine. Copies of these records shall be submitted to the department on request. These requirements are subject to such exemptions as may be provided by rule. (2) The department may by rule establish standards requiring that personnel monitoring be provided for any employee potentially exposed to x-rays and may provide for the reporting to any employee of his x-ray exposure record. History: [56-1046, added 2001, ch. 110, sec. 41, p. 393.]

56-1047

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1047. Federal-state agreements — Authorized — Effect as to federal licenses. (1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to x-ray producing machines and the assumption thereof by this state pursuant to sections 56-1041 through 56-1053 , Idaho Code. (2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government, shall be deemed to possess the same pursuant to a license issued under sections 56-1041 through 56-1053 , Idaho Code, which shall expire either ninety (90) days after the receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier. History: [56-1047, added 2001, ch. 110, sec. 42, p. 393.]

56-1048

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1048. Inspection agreements and training programs. (1) The department is authorized to enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of x-ray producing machines. (2) The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of sections 56-1041 through 56-1053 , Idaho Code, and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such sections. History: [56-1048, added 2001, ch. 110, sec. 43, p. 393.]

56-1049

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1049. Administrative procedure. In any proceeding under sections 56-1041 through 56-1053 , Idaho Code, for the issuance or modification or repeal of rules relating to control of x-ray producing machines, the department shall comply with the requirements of chapter 52, title 67 , Idaho Code. Notwithstanding any other provision of sections 56-1041 through 56-1053 , Idaho Code, whenever the department finds that an emergency exists requiring immediate action to protect the public health, safety or general welfare, the department may, without notice or hearing, issue a rule or order reciting the existence of such emergency and require that such action be taken as is necessary to meet the emergency. Such rules or orders shall be effective immediately. History: [56-1049, added 2001, ch. 110, sec. 44, p. 394.]

56-1050

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1050. Injunction proceedings. Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of sections 56-1041 through 56-1053 , Idaho Code, or any rule or order issued thereunder, the attorney general, upon the request of the department, after notice to such person and opportunity to comply, may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the department that such person has engaged in, or is about to engage in, any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. History: [56-1050, added 2001, ch. 110, sec. 45, p. 394.]

56-1051

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1051. Prohibited uses. (1) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any x-ray producing machine unless licensed by or registered with, or exempted by the department in accordance with the provisions of sections 56-1041 through 56-1053 , Idaho Code. (2) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any other x-ray producing machine that has been identified by the department as presenting a potential hazard unless such x-ray producing machine is licensed by or registered by the department in accordance with the provisions of sections 56-1041 through 56-1053 , Idaho Code. History: [56-1051, added 2001, ch. 110, sec. 46, p. 394.]

56-1052

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1052. Impounding of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of x-ray producing machines in the possession of any person who is not equipped to observe or fails to observe the provisions of sections 56-1041 through 56-1053 , Idaho Code, or any rules issued thereunder. History: [56-1052, added 2001, ch. 110, sec. 47, p. 395.]

56-1053

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1053. Penalties. Any person who violates any of the provisions of sections 56-1041 through 56-1053 , Idaho Code, or rules or orders in effect pursuant thereto shall be guilty of a misdemeanor. History: [56-1053, added 2001, ch. 110, sec. 48, p. 395.]

56-1055

TITLE 56 PUBLIC ASSISTANCE AND WELFARE CHAPTER 10 DEPARTMENT OF HEALTH AND WELFARE 56-1055. cytomegalovirus information. (1) The department shall make available the following information to the public, particularly pregnant women and women who may become pregnant: (a) Incidence of cytomegalovirus (CMV); (b) Transmission of CMV; (c) Birth defects caused by congenital CMV; (d) Available preventive measures; and (e) Other information relating to CMV deemed pertinent by the department. (2) The department shall make available the information described in subsection (1) of this section to: (a) Health care providers licensed under title 54 , Idaho Code, offering care to pregnant women and infants; (b) Daycare and child care programs and facilities licensed under title 39 , Idaho Code, and persons employed by such programs or facilities; (c) School districts and persons offering health care or health education in a school district; (d) Religious, ecclesiastical or denominational organizations offering children’s programs as part of their services, and persons employed or volunteering for such programs; and (e) Other persons and entities that would benefit from such information, as determined by the department. History: [56-1055, added 2017, ch. 93, sec. 1, p. 241.]