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2014 CUMULATIVE POCKET SUPPLEMENT IDAHO CODE Compiled Under the Supervision ofthe Idaho Code Commission DANIEL BOWEN R. JEREMY PISCA ANDREW R DOMAN P. COMMISSIONERS TITLES 39(45-91), 40 Place this supplement in the pocket ofthe corresponding volume ofthe set MICHIE 701 East Water Street Charlottesville, VA 22902 www.lexisnexis.com Customer Service: 1-800-833-9844 LexisNexis and the Knowledge Burst logo are registered trade- marks, and MICHIE is a trademark of Reed Elsevier Properties Inc., usedunderlicense. MatthewBenderis aregisteredtrademark ofMatthew Bender Properties Inc. © 2014 State ofIdaho All rights reserved. 5042231 ISBN 978-0-672-83888-0 (Set) ISBN 978-1-4224-8378-7 (Pub.42205) PUBLISHER'S NOTE Amendments to laws and new laws enacted since the publication ofthe bound volume down to and including the 2014 regular session are compiled in this supplement and will be found under their appropriate section numbers. This publication contains annotations taken from decisions ofthe Idaho Supreme Court andthe CourtofAppeals andthe appropriate federal courts. These cases will be printed in the following reports: Idaho Reports Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not included in the analyses. Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. Idaho R. Civ. R Idaho Rules ofCivil Procedure Idaho Evidence Rule Idaho Rules ofEvidence Idaho R. Crim. P. Idaho Criminal Rules Idaho Misdemeanor Crim. Rule Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho Court Administrative Rules Idaho App. R. Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email us at [email protected]. Visit our website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway NY Albany, 12204-2694 ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTIONWITH THE PERMANENTVOLUME 111 USER'S GUIDE To assist the legal profession and the layperson in obtaining the maxi- mum benefit from the Idaho Code, a User's Guide hasbeen included in the first, bound volume ofthis set. V Digitized by the Internet Archive 2014 in https://archive.org/details/govlawidcodecums39402014 ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE Year Adjournment Date 2012 March 29, 2012 2013 April 4, 2013 2014 March 20, 2014 vii -I TITLE 39 HEALTH AND SAFETY CHAPTER. chapter. 45. The Medical Consen—t and Natural Death 71. Hazardous SubstanceEmergencyResponse Act, §§ 3—9-4501 39-4504, 39-4506, Act, § 39-7114A. 39-4508 39-4511B, 39-4512A, 39- 75. Adoption and Medical Assistance, § 39- 4512B, 39-4513, 39-4514. 7504. 48. Immunization, § 39-4805. 76. Public Drinking Water System Loans, 57. Prevention of Minors'Access to Tobacco, § 39-7603. §§ 39-5702,39-5703,39-570—5,39-5706, 80. Uniform Public School Building Safety, 39-5708, 39-5710, 39-5713 39-5715, 39-5717, 39-5717A. § 39-8006A. 59. IdahoRuralH—ealthCareAccessProgram, 84. Tobacco Master Settlement Agre—ement §§ 39-5902 39-5912. — Complementary Act, §§ 39-8408 39- 60. Children'sTrustFund, §§ 39-6001 39- 8425. 6003, 39-6007. 86. Idaho Elevator Safety Code Act, § 39- 61. Idaho Conrad J-1 Visa Waiver and Na- 8606. tionalInterestWaiverPrograms, §§ 39- 91. Behavioral Health —Community Crisis Cen- 6105, 39-6111, 39-6111A. ters, §§ 39-9101 39-9109. 63. Domestic Violence Crime Prevention, § 39-6311. CHAPTER 45 THE MEDICAL CONSENT AND NATURAL DEATH ACT SECTION. — SECTION. 39-4501. Purposes Application. 39-4511. [Amended and Redesignated.] 39-4502. Definitions. 39-45llA. Revocation. 39-4503. Persons who may consent to their 39-45IIB. Suspension. own care. 39-4504, Persons who may give consent to 39-4512A. Physmiecniatn(oPrOdSeTr)s.forscopeoftreat- care for others. 39-4506. Sufficiency ofconsent. 39-4512B, Adherence to physician orders for 39-4508. ResponsibiHty for consent and doc- scope of treatment (POST) umentation. protocol. — 39-4509. Statement ofpoHcy Definition. 39-4513. Immunity 39-4510. Living will and durable power of 39-4514. General provisions. attorneyforhealth care. — — 39-4501. Purposes Application. (1) The primary purposes of this chapter are: (a) To provide and codify Idaho law concerningconsent forthe furnishing ofhospital, medical, dental, surgical and other health care, treatment or procedures, andconcerningwhatconstitutes aninformedconsentforsuch health care, treatment or procedures; and (b) To provide certainty and clarity in the law ofmedical consent in the furtherance ofhigh standards ofhealth care and its ready availability in proper cases. (2) Nothing in this chapter shall be deemed to amend or repeal the provisions ofchapter 3 or chapter4, title 66, Idaho Code, as those provisions pertain to hospitalization or commitment of people with mental illness or developmental disability or the powers of guardians of developmentally 1 39-4502 HEALTHAND SAFETY 2 disabled persons, nor the provisions of chapter 6, title 18, Idaho Code, pertaining to the provision of examinations, prescriptions, devices and informational materials regarding prevention ofpregnancy or pertainingto therapeutic abortions and consent to the performance thereof. (3) Nothing in this chapter shall be construed to permit or require the provision ofhealth care for a patient in contravention ofthe patient's stated or implied objection thereto upon religious grounds nor shall anything in this chapter be construed to require the granting of permission for or on behalfofany patient who is not able to act forhimselfbyhis parent, spouse orguardian inviolation ofthe religious beliefs ofthe patient orthe patient's parent or spouse. History. 2007, ch. 196, § 1, p. 579; am. 2012, ch. 302, I.e., § 39-4501, as added by 2005, ch. 120, § 1, p. 825. § 2,p.380;am.2006,ch. 214, § 1,p.645;am. STATUTORYNOTES Amendments. mitment of people with mental illness or The 2012 amendment, by ch. 302, substi- developmental disability or the powers of tuted "surgical and otherhealth care"for "or guardians of developmentally disabled per- surgical care" and substituted "for such sons" for "hospitalization ofthe mentally ill" health care" for "for such care" in paragraph in subsection (2). (1)(a)andsubstituted"hospitalizationorcom- — 39-4502. Definitions. As used in this chapter: (1) "Advanced practice professional nurse" (APPN) means a professional nurse licensed in this state who has gained additional specialized knowledge, skills andexperiencethroughanationallyaccreditedprogramofstudy as defined by section 54-1402, Idaho Code, and is authorized to perform advanced nursing practice, which may include direct client care such as assessing, diagnosing, planning and prescribing pharmacologic and nonpharmacologic therapeutic and corrective measures, health promotion and preventive care as defined by rules of the board of nursing. The advanced practice professional nurse collaborates with other health profes- sionals in providing health care. (2) "Artificial life-sustaining procedure"means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function which, when applied to a qualified patient, would serve only to artificiallyprolonglife. "Artificiallife-sustainingprocedure"doesnotinclude the administration ofpain management medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. (3) "Artificial nutrition and hydration" means supplying food and water through a conduit, such as a tube orintravenous line, where the recipient is not required to chew or swallow voluntarily, but does not include assisted feeding, such as spoon feeding or bottle feeding. (4) "Attendingphysician"meansthephysicianlicensedbythe stateboard of medicine who is selected by, or assigned to, the patient and who has primary responsibility for the treatment and care ofthe patient. (5) "Cardiopulmonaryresuscitation"or"CPR"means measures to restore