§ 54-101. Abstracters to give bond.

It shall be a misdemeanor for any person or persons to engage in the business of compiling abstracts of title to real estate in the state of Idaho, and demand and receive pay for the same, without first filing in the office of the county recorder of the county in which such business is conducted, a surety bond to the state of Idaho, in the penal sum of $10,000, with a surety company authorized to do such business in Idaho as security conditioned for the payment by such abstracters of any or all damages that may accrue to any party or parties, by reason of any error, deficiency or mistake in any abstract or certificate of title, made and issued by such person or persons.

§ 54-103. Use of abstract, title insurance policy or title report as evidence — Service of copy.

Any party to a civil action, who may desire to use in evidence at the trial thereof, any abstract of title, policy of title insurance or title report issued by a duly qualified title insurance company in Idaho, to real estate as herein provided, shall furnish to the opposing party or his attorneys a copy of such abstract, title policy or title report at least three (3) days before the trial of said action, and in case such real estate be not in the county where such trial is to take place, then such copy shall be furnished to the opposing party or his attorney, in time to allow a sufficient number of days for such opposing party to proceed, by the usual route of travel, to the county seat of the county where such real estate may be situated and return to the place of trial, in addition to the three (3) days for preparation above provided for.

§ 54-104. Duration of bond — Additional security.

The bond herein provided for may run during the continuance of said person or persons in said abstract business, not to exceed five (5) years, and the district judge of the district where the bond herein provided for may be filed may, at any time upon complaint of any owner of real estate in his county, require such abstracter, upon ten (10) days’ notice, to give additional security upon said bond, and show cause why the same should not be declared invalid, and the certificate thereof recalled and annulled, and if within such time the additional security, to be approved by said district judge, be not furnished, and there is no sufficient reason to show to the judge why the same should not be required, the said bond shall be declared invalid, and the certificate thereof recalled and cancelled.

§ 54-105. Register of abstracters — Fee for certificate.

The county recorder shall be provided with a suitable register, for entering and registering the names of all abstracters who qualify and receive a certificate, and shall be entitled to a fee of two dollars ($2.00) for each and every certificate so issued.

§ 54-201. Short title.

This chapter shall be known and may be cited as “The Idaho Accountancy Act.”

§ 54-202. Legislative intent.

It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, and that persons who have not demonstrated and maintained such qualifications shall not be permitted to hold themselves out as having special competence or to offer such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited.

§ 54-203. Board created — Membership — Appointment — Vacancies.

There is hereby created in the department of self-governing agencies a board of accountancy in and for the state of Idaho, to be known as the Idaho state board of accountancy. The board shall consist of seven (7) members, all of whom shall be residents of this state, appointed by the governor, five (5) of whom shall hold current certified public accountant licenses issued under the laws of this state, one (1) who shall be either a licensed public accountant or certified public accountant and one (1) public member not licensed under this chapter who has professional or practical experience in the use of accounting services and financial statements. Board members shall be appointed for terms of five (5) years to commence on the first day of September and shall serve at the pleasure of the governor. Board members shall continue in office with their terms expiring on August 31 of each member’s final year. Whenever the term for a member of the board expires or becomes vacant for any cause, the governor may consider recommendations for appointment to the board from the Idaho society of certified public accountants, the Idaho association of public accountants and from any individual residing in this state. Vacancies occurring during the term shall be filled by appointment by the governor for the unexpired term. Upon expiration of the term of office, a member shall continue to serve until a successor shall have been appointed and shall have qualified.

§ 54-205. Meetings — Compensation — Executive director.

The board shall have its principal office in Ada county. Four (4) members of the board shall constitute a quorum, a majority of whom may act. The board shall meet no less than three (3) times each year; provided, however, special meetings may be called at any time during the year after notice to all members of the board of such special meetings. The board shall elect annually a chair, a vice chair, a secretary and a treasurer from its members. The offices of secretary and treasurer may be in the same person. The members of the board shall be compensated as provided by section 59-509(i), Idaho Code.

The board shall have the power to name an executive director who need not be a member of the board or a licensee and who may be a full-time or part-time employee of the state of Idaho. The board shall prescribe the duties of the executive director. Such duties shall include but are not limited to:

1. Maintenance of a licensee registry;
2. The preparation of all papers and records for the board; and
3. Enforcement or investigative activities as directed by the board.

§ 54-206. Definitions.

As used in this chapter:

1. “AICPA” means the American institute of certified public accountants.
2. “Applicant” means any person having the requisite qualifications who makes application to the board for examination, or for initial issuance or renewal or reinstatement of a license under the provisions of this chapter.
3. “Attest” means providing the following professional services:
   1. Any audit or other engagement to be performed in accordance with the statements on auditing standards;
   2. Any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services;
   3. Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements;
   4. Any engagement to be performed in accordance with the standards of the PCAOB; and
   5. Any examination, review or agreed-upon procedures engagement to be performed in accordance with the statements on standards for attestation engagements, other than an examination described in paragraph (c) of this subsection.
4. “Board” means the Idaho state board of accountancy.
5. “Certificate” means that document issued by the board upon original approval of licensure. The original certificate does not constitute licensure and a person cannot represent himself or herself as a licensee unless a current and valid annual license has been issued by the board.
6. “Certified public accountant” or “CPA” means any person who holds a valid, unrevoked and unsuspended license under the provisions of chapter 2, title 54, Idaho Code, or an equivalent provision of the laws of another state designating said person as a certified public accountant.
7. “Client” means the person or entity that agrees with a licensee or licensee’s employer to receive any professional services with or without compensation and shall include all affiliates and related entities in the financial statements of an attest or compilation engagement.
8. “Compilation” means a service performed in accordance with statements on standards for accounting and review services that presents, in the form of historical or prospective financial statements, information that is the representation of management or owners without undertaking to express any assurance on the statements. The term “compilation” does not include financial statements accompanied by the language set forth in section 54-226(3), Idaho Code, whether used by a licensee or by a person not licensed under this chapter, as long as the financial statements are not accompanied by any other language of assurance or disclaimer.
9. “Financial statements” means a presentation of historical or prospective financial data, which may include accompanying notes, intended to communicate an entity’s economic resources or obligations at a point in time, or the changes therein for a period of time, in accordance with a comprehensive basis of accounting.
10. “Firm” means a proprietorship, partnership, professional corporation, professional limited liability company, or any other form of professional organization permitted by Idaho law, registered under the requirements of section 54-214, Idaho Code. (11) “Good moral character” means lack of a history of dishonest dealings or a conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code.

(12) “License” means that authorization issued by the board upon original approval and on an annual basis permitting a qualified person to practice as a certified public accountant or licensed public accountant in the state of Idaho.

(13) “Licensed public accountant” or “LPA” means any person who holds a valid, unrevoked and unsuspended license under the provisions of chapter 2, title 54, Idaho Code, designating said person as a licensed public accountant.

(14) “Licensee” means the holder of a current valid license.

(15) “Member” means a person who has been admitted to membership in a firm that is organized as a limited liability company.

(16) “PCAOB” means the public company accounting oversight board.

(17) “Peer review” means a board-approved study, appraisal or review of one (1) or more aspects of the professional work of a licensee or firm that performs attest services or issues compilation reports, by a person or persons licensed under this chapter or by another state and who are independent of the licensee or firm being reviewed.

(18) “Permit” means a permit to practice as a firm issued under corresponding provisions of the laws of other states.

(19) “Person” means any natural living person.

(20) “Professional services” means services arising out of or related to the specialized knowledge or skills associated with certified public accountants or licensed public accountants.

(21) “Report,” when used with reference to financial statements, means an opinion or other form of language that states or implies assurance as to the reliability of any financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term “report” includes any form of language that disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance or special knowledge or competence.

(22) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Commonwealth of the Northern Mariana Islands and Guam; except that “this state” means the state of Idaho.

(23) “Substantial equivalency” or “substantially equivalent” means a determination by the board that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements for CPAs contained in this chapter or that an individual licensee’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements for CPAs contained in this chapter.

§ 54-207. License — Application.

1. Any person desiring a certificate and license shall make a written application for such certificate and license to the board, upon forms to be prescribed and furnished by the board. Such application shall be filed and shall be accompanied by such fee as may be required by rules of the board.
2. In addition to meeting the qualifications provided elsewhere in this chapter, before a certificate and license may be issued, a person desiring to receive a certificate and license shall have satisfactorily completed a minimum of one hundred fifty (150) semester hours, or two hundred twenty-five (225) quarter hours, of college education, with a concentration in accounting, auditing and business, including a baccalaureate or higher degree at a college or university acceptable to the board, as established by rule. Satisfactory evidence in the form of an official transcript received directly from the school registrar indicating the credits and degree received shall be presented to the board to demonstrate successful completion of these education requirements.
3. The board may adopt rules allowing persons who met the education requirements of section 54-208, Idaho Code, when they first sat for the examination to become licensed even though they do not meet the education requirements of this section.

§ 54-208. Examination — Education — Qualifications.

1. An applicant for admission to examination as a certified public accountant shall:
   1. Be eighteen (18) years of age or older;
   2. Be of good moral character;
   3. Be a resident, have been a resident, or intend to immediately become a resident of the state of Idaho;
   4. Be approved by the board for admission to the examination; and
   5. Provide satisfactory evidence in the form of an official transcript received directly from the school registrar indicating successful completion of a baccalaureate degree or its equivalent, the required credits and courses to be prescribed by the rules of the board.
2. The examination required to be passed as a condition to granting a certificate shall test the applicant’s knowledge of the subjects of accounting and auditing, and such other related subjects as the board may specify by rule, including, but not limited to, business law and taxation. The time for holding such examination shall be determined by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading and determining a passing grade required of an applicant for a certificate; provided however, that the board shall endeavor to assure that the examination itself, grading of the examination, and the passing grades, are uniform with those of other states. The board may make use of all or any part of the uniform certified public accountant examination and advisory grading service of the AICPA and may contract with third parties to perform such administrative services with respect to the examination as it deems appropriate to assist it in performing its duties hereunder.
3. The board may charge, or provide for a third party administering the examination to charge, each applicant a fee, in an amount prescribed by the board by rule.
4. None of the education requirements specified in this section shall apply to an applicant who is a licensed public accountant pursuant to this chapter.

§ 54-209. Experience.

An applicant of good moral character who successfully passes the examination, with standards no less than those prescribed by the board’s rules for examination of candidates in Idaho, and who fulfills the requirements of section 54-207, Idaho Code, shall receive a license as a certified public accountant if the applicant has completed one (1) year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, all of which have been verified by an active licensee, meeting requirements prescribed by the board by rule. This experience may be gained through employment in government, industry, academia or public practice.

§ 54-210. Reciprocity — Transfer of examination grades — Foreign reciprocity — Qualifications.

1. A person whose certificate and license have been granted by another state, whose principal place of business is located in this state, shall obtain a license by reciprocity from the board before providing professional services in this state.
2. 1. An applicant for certificate and license by reciprocity to practice as a certified public accountant in Idaho must: (2)(a) An applicant for certificate and license by reciprocity to practice as a certified public accountant in Idaho must:
      1. Be eighteen (18) years of age or older;
      2. Be of good moral character;
      3. Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and
      4. Have completed the necessary experience, continuing professional education, and board approved ethics examination required for issuance of a license in Idaho and hold a current license in good standing in another licensing jurisdiction.
   2. The requirements of subsection (2)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience, continuing professional education and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application.
3. 1. A person holding an inactive or retired certificate and license granted by another state, whose principal place of business is located in this state, may apply for an equivalent license by reciprocity from the board, provided the applicant must: (3)(a) A person holding an inactive or retired certificate and license granted by another state, whose principal place of business is located in this state, may apply for an equivalent license by reciprocity from the board, provided the applicant must:
      1. Meet the requirements for an inactive license as set forth in section 54-211(1)(c), Idaho Code, or the requirements for a retired license as set forth in section 54-211(1)(d), Idaho Code;
      2. Be of good moral character;
      3. Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and
      4. Have completed the necessary experience and board approved ethics examination required for issuance of a license in Idaho.
   2. The requirements of subsection (3)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application.
4. An applicant for certificate and license to practice as a certified public accountant in Idaho by transfer of examination grades from another licensing jurisdiction must:
   1. Be eighteen (18) years of age or older;
   2. Be of good moral character;
   3. Have obtained the necessary education and have passed the uniform CPA examination with standards no less than those prescribed by the board’s rules for examination candidates in Idaho; and (d) Possess experience qualifications as required under section 54-209, Idaho Code, and complete a board approved ethics examination required for issuance of a license in Idaho.
5. The board shall issue a certificate and license to a holder of a substantially equivalent designation issued by a foreign country, provided that:
   1. The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate and license issued by this state to obtain such foreign authority’s comparable designation; and
   2. The designation:
      1. Was duly issued by an authority of a foreign country which regulates the practice of public accountancy and has not expired or been revoked or suspended;
      2. Entitles the holder to issue reports upon financial statements; and
      3. Was issued upon the basis of substantially equivalent educational, examination and experience requirements established by the foreign authority or by law; and
      4. Completed an experience requirement, substantially equivalent to the requirements set out in this chapter, in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state; or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application;
      5. Passed a uniform qualifying examination in national standards acceptable to the board; and
      6. Is of good moral character.
   3. The applicant:
   4. Received the designation, based on educational and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted;

§ 54-211. Licenses — Licensing period — Nonrenewal — Reinstatement — Inactive licenses — Retirement — Fees.

1. The board shall issue initial certificates and licenses, and renewal and reinstatement licenses to practice as a certified public accountant, and renewal and reinstatement licenses to practice as a licensed public accountant to persons who have qualified therefor in accordance with the provisions of this chapter and the rules of the board. A certificate and license, once issued, shall continue in effect so long as the holder thereof complies with the provisions of this chapter and the rules and orders of the board.
   1. Initial. The board shall collect an initial license fee upon board approval of an initial license to practice as a certified public accountant in the state of Idaho as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those individuals meeting the requirements for initial licensure in Idaho, pursuant to the provisions of this chapter and the rules of the board, shall be issued a license effective for no more than twelve (12) months. The license shall then be subject to annual renewal.
   2. Renewal. The board shall collect an annual license fee from all licensees each year as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Those persons meeting the requirements of this subsection for license renewal shall be issued a license effective for a period of one (1) year after its issuance. Requirements include:
      1. Good moral character;
      2. Completion of continuing professional education as specified by the board’s rules;
      3. Identification, in the renewal application, of the firm with which the licensee is affiliated; and
      4. Where applicable, verification of satisfactory completion of a peer review program by the firm with which the licensee is affiliated, pursuant to section 54-214, Idaho Code, and the rules prescribed by the board. Any licensee who issues compilation reports for the public other than through a firm must undergo no more frequently than once every three (3) years, a peer review conducted in accordance with rules prescribed by the board, and such review shall include verification that such licensee has met the competency requirements set out in professional standards for such service.
   3. Inactive status. Any licensee in current compliance with the provisions of this chapter who chooses not to perform or offer to perform for the public one (1) or more kinds of attest or compilation services may apply to place his or her license in inactive status. The annual renewal fee for inactive status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with inactive status must place the word “inactive” adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears.
   4. Retired. After a person reaches the age of fifty-five (55) years, or in the event of a disability preventing continued practice, the certificate of a certified public accountant or licensed public accountant, upon application to the board by the holder, may be placed by the board in retired status. Retired status shall allow the holder to retain the wall certificate and remain on the board’s mailing list. The annual renewal fee for retired status shall be as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. Licensees with retired status must place the word “retired” adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, with the exception of their certificate on which their title appears. An individual who performs or offers to perform for the public attest or compilation services shall not qualify for retired status.
   5. Nonrenewal. A licensee may place the license into lapsed status as prescribed by the rules of the board rather than renew the license. Any license not renewed or placed into lapsed status within thirty (30) days after the expiration of the previous license shall be automatically placed into lapsed status.
   6. Reinstatement. Any certificate and license placed in lapsed status may be reinstated upon completion of an application supplied by the board along with payment of a reinstatement fee as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications of subsection [(1)](b) of this section. Reinstatement following involuntary suspension shall be governed by the terms of the board’s order of involuntary suspension.
   7. Reentry. A license in inactive or retired status may reenter active status upon completion of an application supplied by the board along with payment of a reentry fee as prescribed by the rules of the board. In addition, the board shall require the applicant to meet the qualifications set forth in subsection (1)(b) of this section.
2. Applicants for initial issuance or reinstatement of licenses under this section shall in their application list all states in which they have applied for or hold a license and list any past disciplinary action against or denial, revocation or suspension of a certificate, license or permit.
3. Applicants and licensees shall notify the board in writing, within thirty (30) days after its occurrence of:
   1. Any charges or convictions of, or guilty pleas to, a felony; or
   2. Any disciplinary action against or the denial, restriction, revocation or suspension of a certificate, license or permit by another state or by any federal agency.

§ 54-212. General fees.

The board, as prescribed by its rules, may charge an amount not to exceed:

1. One thousand dollars ($1,000) for examination.
2. Three hundred dollars ($300) for licensure application or license renewal.
3. Twenty-five dollars ($25.00) for any certificate, original or replacement, to be issued as herein provided.
4. Fifty dollars ($50.00) for administrative services, including, but not limited to, mailing lists and release of information to other boards for purposes of licensure.
5. One hundred dollars ($100) for retired or inactive status licenses.
6. Five hundred dollars ($500) for license reinstatement.
7. Three hundred dollars ($300) for late fees, including late filing of the annual license renewal.
8. Three hundred dollars ($300) for late fees, including late filing of the continuing professional education report.
9. Two hundred dollars ($200) for firm registration.

§ 54-213. Grandfather clause.

Individuals who, on July 1, 2008, hold certified public accountant and licensed public accountant licenses heretofore issued under the laws of this state, shall, for all purposes, be considered licensees under this chapter and subject to the provisions thereof.

§ 54-214. Firm registration — Peer review.

1. The board shall register firms that make application and demonstrate their qualifications therefor in accordance with the following subsections of this section or to firms originally licensed in another state that establish an office in this state. A firm must be registered with the board in order to provide attest services or compilation reports or in order to use the titles “CPAs,” “CPA firm,” “LPAs” or “LPA firm.” Firms must register with the board annually on such form and between such dates as the board may specify by rule. The board may charge a fee for each registration for initial issuance or renewal of a registration under this section as set forth in section 54-212, Idaho Code, and as prescribed by the rules of the board.
2. An applicant for initial registration or renewal of a registration to practice under this section shall demonstrate that:
   1. Notwithstanding any other provision of law, a simple majority of the beneficial ownership of the firm belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid certificate and license issued by this state. Although a firm may include nonlicensee owners the firm and its ownership must comply with rules promulgated by the board.
   2. Any firm may include nonlicensee owners provided that:
      1. The firm designates a licensee of this state, who is responsible for the proper registration of the firm and identifies that individual to the board.
      2. All nonlicensees are active individual participants in the firm or affiliated entities.
      3. The firm complies with such other requirements as the board may impose by rule.
   3. Any licensee who is responsible for supervising attest services or compilation reports or who signs or authorizes someone to sign a report on financial statements on behalf of the firm, shall meet the competency requirements of the professional standards for such services.
3. Firms registered to practice under this section shall be required to register each office of the firm within this state with the board and to show that all attest and compilation reports rendered in this state are under the charge of a person holding a valid certificate and license issued by this state or some other state.
4. A firm registering under this section shall list all states in which it has applied for or holds permits as a firm and list any past denial, revocation or suspension of a permit by any other state. Each firm registered under this section shall notify the board in writing, within thirty (30) days following any change in the identities of partners, officers, shareholders or members whose principal place of business is in this state, any change in the number or location of offices within this state, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation or suspension of a permit by any other state.
5. Firms which fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after registration, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board may result in penalties as prescribed by board rule. (6) As a condition of registration renewal under this section, the board, by rule, shall require firms to comply with peer review requirements as specified by rule. Such review shall include a verification that individuals in the firm who are responsible for supervising attest and compilation reports and who sign or authorize someone to sign a report on financial statements on the behalf of the firm meet the competency requirements set out in the professional standards for such services. The rules concerning peer review shall require:
   1. Peer reviews to be subject to oversight by an oversight body established by board rule which will periodically report to the board on the effectiveness of the review program under its charge, and provide to the board a listing of firms that have participated in a peer review program that is satisfactory to the board; and
   2. The confidentiality of client records involved in the peer review process shall be preserved in accordance with the accountancy rules.

§ 54-215, 54-216. Public accountants — Registration — Temporary practice. [Repealed.]

§ 54-217. State board of accountancy account.

All fees, charges and fines of every kind collected by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the Idaho state board of accountancy account. All such moneys as may hereafter come into the Idaho state board of accountancy account are hereby appropriated to carry out the purposes and objects of this chapter, and for payment of all costs and expenses incurred in connection therewith. No other state funds shall be expended for the purposes of this chapter. Moneys shall be paid out of the account upon warrants drawn by the state controller upon the presentation of proper vouchers approved by the Idaho state board of accountancy. Such claims and vouchers will be subject to such examination by the board of examiners as are other claims against the state.

§ 54-218. Acceptance of commissions and contingent fees.

1. A licensee may accept a commission or referral fee unless prohibited by this section.
   1. A licensee shall not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the licensee or the licensee’s firm also performs for that client:
      1. An attest service; or
      2. A compilation when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.
   2. A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose in writing that fact to any person or entity to whom the licensee recommends or refers a product or service to which the commission relates.
   3. Any licensee who accepts a referral fee for recommending or referring any service of a licensee to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client in writing.
2. A licensee may accept a contingent fee which is disclosed to the client in writing unless prohibited by this section.
   1. A licensee shall not perform for a contingent fee any professional service for, or receive such a fee from, a client for whom the licensee or the licensee’s firm performs:
      1. An attest service; or
      2. A compilation, when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence.
   2. A licensee shall not prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client.
   3. Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this section, fees shall not be regarded as contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee’s fees may vary depending, for example, on the complexity of services rendered.
3. The prohibitions contained in this section shall apply during the period in which the licensee is engaged to perform any of the services listed herein and the period covered by any historical financial statements involved in any such listed services.

§ 54-218A. Issuance of report. [Repealed.]

§ 54-219. License — Restriction, revocation, suspension or denial — Causes — Cost recovery — Administrative penalties.

1. After notice and opportunity for hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for cause shown, the board may revoke, suspend, refuse to renew, administratively penalize, reprimand, restrict or place on probation the holder of a certificate or license, or refuse to issue any certificate or any license to an applicant, for any one (1) of the following causes:
   1. Any false statement with the intent to mislead or deceive the board or its members in connection with any application; or, cheating or any attempt to cheat in an examination.
   2. Fraud or deceit in obtaining or renewing a certificate or license to practice as a certified public accountant or licensed public accountant under the provisions of this chapter.
   3. Dishonesty, fraud or gross negligence in the performance of professional services as a licensee or individual granted privileges under section 54-227, Idaho Code, or in the filing of or failure to file his own income tax returns.
   4. Violation of any provision of this chapter, or any rule adopted by the board under authority granted by this chapter, or an order of the board directed specifically to the licensee.
   5. Conviction of or a guilty plea to a crime under the laws of any state or country that is deemed relevant in accordance with section 67-9411(1), Idaho Code.
   6. Conviction of or a guilty plea to any crime, an element of which is dishonesty or fraud, under the laws of any state or country, notwithstanding the form of the judgment or withheld judgment.
   7. Representing oneself as a certified public accountant or licensed public accountant during any period in which the license of the person so practicing has been suspended or revoked by the board.
   8. Cancellation, revocation, suspension or refusal to renew or grant a license or privileges under section 54-227, Idaho Code, for disciplinary reasons by any other state for any cause.
   9. Practicing as a certified public accountant or licensed public accountant under a false or assumed name; provided, however, this paragraph shall have no application to practicing as a certified public accountant or licensed public accountant under the name of a firm, when such style or name is in conformity with a type or form approved by the rules of the board.
   10. Habitual use of drugs or intoxicants to such a degree as to render the licensee unreliable and unfit to practice as a certified public accountant or licensed public accountant.
   11. Suspension or revocation of the right to practice before any agency of the United States government or of the state of Idaho, for any cause other than failure to pay a registration or similar fee.
   12. Having been declared mentally incompetent by a court of competent jurisdiction; provided, however, that when a person’s license shall have been revoked or suspended for this cause, such license shall be reinstated by the board when said disability is judicially removed.
   13. Representing oneself as qualified or authorized to practice as a certified public accountant or licensed public accountant in this state without holding a current, valid, unrevoked and unsuspended certificate and license or privileges under section 54-227, Idaho Code.
   14. Performance of any fraudulent act while holding a certificate, license, permit or privileges under this chapter.
   15. Any conduct reflecting adversely upon the licensee’s fitness to perform services while a licensee, or individual granted privileges under section 54-227, Idaho Code.
2. The expenses, including attorney’s fees, incurred by the board for any or all proceedings initiated against a person for violation of any of the provisions of this chapter may be charged against such person by the board, upon the finding of a violation of this chapter, in addition to any administrative penalties which may be levied by the board against such person. Administrative penalties levied by the board shall not exceed two thousand five hundred dollars ($2,500) per violation.
3. In lieu of or in addition to any remedy specifically provided, the board may require of a licensee or a firm:
   1. A peer review conducted in such fashion as the board may specify;
   2. Preissuance review;
   3. Satisfactory completion of such continuing professional education programs or examinations as the board may specify; and
   4. Other similar remedies.
4. In any action brought under the provisions of this chapter, evidence of the commission of a single act prohibited in this chapter shall be sufficient to justify a suspension, revocation, fine, administrative penalty, restriction, reprimand, injunction, restraining order, conviction or any other remedy authorized in this chapter. Evidence of a general course of conduct shall not be required.

§ 54-221. Issuance of a report.

1. Only licensees shall issue a report on the financial statements of any other person, firm, organization or governmental unit or offer to render or render any attest or compilation service, as defined herein. This prohibition does not apply to any officer, partner, employee or member of any organization affixing their signature to any statement or report in reference to the financial affairs of such firm or organization with any wording designating the position, title or office that they hold therein; nor prohibit any act of a public official or employee in the performance of their duties as such; nor prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management, financial advisory or consulting services, and the preparation of financial statements without the issuance of reports, as defined in section 54-206, Idaho Code.
2. The prohibition contained in subsection (1) of this section is applicable to issuance, by a person or firm not holding a valid license, of a report using any form of language conventionally used by licensees respecting a review of financial statements or respecting a compilation of financial statements.
3. No licensee or individual granted privileges under section 54-227, Idaho Code, shall perform attest services through any form of business that is not registered under the provisions of section 54-214, Idaho Code, or an equivalent provision of the laws of another state.
4. No licensee shall issue a compilation report through any form of business that is not registered under the provisions of section 54-214, Idaho Code, unless the report discloses the name of the business through which the individual is issuing the report, and the individual:
   1. Signs the compilation report identifying the individual as a CPA or LPA;
   2. Meets the competency requirements provided in this chapter and by board rule; and
   3. Undergoes no less frequently than once every three (3) years, a peer review conducted in such manner as the board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services.
5. A licensee or firm that does not issue reports may issue financial statements without reports only if the financial statements include the disclaimer language of section 54-226(3), Idaho Code.

§ 54-222. Violation of chapter a misdemeanor.

Any violation of any of the provisions of this chapter shall constitute a misdemeanor, and any person, corporation, partnership, proprietorship, member, firm or association of any kind or nature convicted thereof may be punished by a fine not to exceed seven hundred fifty dollars ($750), or six (6) months imprisonment, or both.

§ 54-223. Injunction.

Whenever any person, corporation, partnership, proprietorship, firm or association of any kind or nature violates any of the provisions of this chapter, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership, proprietorship, firm or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada County. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, on request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts be established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for his contempt of court.

§ 54-224. Judicial review.

Any person whose certificate or license shall be revoked or suspended or who is otherwise aggrieved by any final action of the board taken pursuant to section 54-219, Idaho Code, shall have the right to judicial review of such action in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.

§ 54-225. Prosecuting attorney — Attorney general.

It shall be the duty of the prosecuting attorney in each county to prosecute violations of this chapter occurring within the county. The attorney general shall act as legal adviser to the board; provided, however, the board may retain private counsel to represent the board.

§ 54-226. Inapplicability of chapter.

1. This chapter shall not be construed to prevent any person from rendering tax services, management advisory or consulting services, or from preparing financial statements without the expression of an opinion or an assurance.
2. This chapter shall not be construed to prevent any person from stating that he has prepared, assembled or drafted a financial statement, provided he does not use any additional language which comprises an assurance.
3. The prohibitions of section 54-221, Idaho Code, and the other provisions of this chapter shall not be construed to preclude the use of the following language by any person: “I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them.”

§ 54-227. Substantial equivalency.

1. A person whose principal place of business is not in this state and who has an active certificate and license as a certified public accountant from any state which the board has determined to be substantially equivalent to this chapter shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a license.
2. A person whose principal place of business is not in this state and who has an active certificate and license as a certified public accountant from any state which the board has not determined to be substantially equivalent to this chapter shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a license only if such person demonstrates that his or her qualifications are substantially equivalent to the licensure requirements of this chapter. The requirement to demonstrate substantially equivalent qualifications shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the previous ten (10) years.
3. Licensees of other states exercising the privilege afforded under this section hereby consent, as a condition of the grant of this privilege:
   1. To the personal and subject matter jurisdiction and disciplinary authority of the board;
   2. To comply with this chapter and the board’s rules; and
   3. To the appointment of the state boards which issued their licenses as their agents upon whom process may be served in any action or proceeding by this state’s board against such licensees.
4. A licensee of this state offering or rendering services or using the CPA title in another state shall be subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline for an act committed in another state. Notwithstanding the board’s enforcement authority granted by this chapter, the board shall investigate any complaint made by the board of accountancy of another state.

§ 54-228. Construction — Severability.

The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

§ 54-301. Short title.

This chapter shall be known and may be cited as the “Idaho Architecture Practice Act.”

§ 54-302. Legislative intent.

The practice of architecture in the state of Idaho is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest to protect the public from the unprofessional, improper, unauthorized and unqualified practice of architecture and from unprofessional conduct by persons licensed to practice architecture. This act should be liberally construed to carry out these objectives and purposes.

§ 54-302A. License by endorsement — Temporary practice.

1. Applicants may be licensed by endorsement, if:

1. a. The applicant holds a current and valid license issued by another state, a licensing authority recognized by the board; and
2. b. The applicant holds a national council of architectural registration boards certificate or has successfully completed a board-approved examination; and
3. c. The applicant pays the fees specified in section 54-304, Idaho Code, files an application with the board, upon a form prescribed by the board, containing such information satisfactory to the board concerning the applicant as the board considers pertinent.
4. d. The applicant pays the fee as specified by section 54-304, Idaho Code, and set by board rule.

2. An architect, not licensed in this state, seeking an architectural commission in this state, shall be permitted to practice in the state for a period not to exceed six (6) months, for the purpose of offering to render architectural services and for that purpose only, without first having been licensed by the board, if:

a. The applicant holds a current and valid license issued by a licensing authority recognized by the board; and

b. The applicant holds a national council of architectural registration boards certificate or has successfully completed a board-approved examination; and

c. The applicant notifies the board in writing, prior to any practice, including evidence to satisfy paragraphs a. and b. of this subsection, that he will be present in the state for the purpose of offering to render architectural services; and

3. Persons allowed to offer architectural services under subsection 2. of this section are prohibited from doing more than offering such services or actually rendering architectural services until fully licensed by the board. Violation of this provision, if found by the board after a hearing under chapter 52, title 67, Idaho Code, constitutes grounds for refusal to issue a license.

§ 54-303. Definitions.

As used in this chapter:

1. “Architect” means a person who engages in the practice of architecture as defined in this section and is licensed under the provisions of this chapter.
2. “Architectural intern” means a person enrolled in a national council of architectural registration boards’ architectural experience program and who, in fulfillment of the requirements of that program, is working under the direct supervision of an architect licensed under this chapter.
3. “Board” means the board of architectural examiners.
4. “Building” means an enclosure, including related improvements, that has as its principal purpose the adaptation of space for occupancy or habitation by human beings.
5. “Practice of architecture” means rendering or offering those services described in this subsection in connection with the design, construction, enlargement or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; providing preliminary studies; architectural designs, drawings and specifications; technical submissions; and administration of construction contracts.
6. “Prototypical building” means any commercial building or space within a commercial building that is intended to be constructed in multiple locations, that has been constructed in multiple locations and that conveys an owner’s intended uniform business program, plan or image.
7. “Prototypical building documents” means technical submissions for prototypical buildings that:
   1. Are prepared by or under the responsible control of an architect then licensed in any jurisdiction and holding the certification issued by the national council of architectural registration boards;
   2. Identify the architect, together with the architect’s license number and jurisdiction or the architect’s license and national council of architectural registration boards certification number; and
   3. Are marked “prototypical design documents not for construction.” Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for local conditions, including site conditions and may require additional design.
8. “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.
9. “Technical submissions” involving the practice of architecture consist of designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.

§ 54-304. Architect’s seal.

1. Every licensed architect shall have a seal, the impression of which must contain the name and Idaho architect license number of the architect and the words “licensed architect” and “state of Idaho,” with which he shall seal all technical submissions issued from his office.
2. The seal, signature and date may be manually or electronically applied. Whenever the seal is applied to a technical submission, the signature of the architect and the date thereof shall be written adjacent to or across the seal. The signature, date and seal shall appear on all technical submissions prepared by the architect or that meet the requirements set forth in subsection (4) of this section. Only the title page of reports, specifications and like documents must bear the date and the seal and signature of the architect. It is the responsibility of the architect sealing the document to provide adequate security when documents with electronic seals are distributed. Electronically produced documents distributed for informational uses, such as for bidding purposes or as working copies, may be issued with only the architect’s seal if:
   1. The copy includes a notice that the original document is on file with the date and architect’s signature;
   2. The words “original signed by” and “date original signed” are placed adjacent to or across the seal on the electronic document; and
   3. The storage location of the original document is identified.
3. Technical submissions involving the practice of architecture that are submitted to any public or governmental agency for the purpose of obtaining a building permit that are not clearly identified by the affixed seal of the architect and the signature of the architect and date thereof shall be deemed unacceptable submissions for the purpose of obtaining a building permit.
4. An architect may sign and seal technical submissions only if the technical submissions were:
   1. Prepared by the architect;
   2. Prepared by persons under the architect’s responsible control;
   3. Prepared by another architect licensed in Idaho if the signing and sealing architect has reviewed the other architect’s work and either has coordinated the preparation of the work or has integrated the work into his own technical submissions; or
   4. Prepared by another architect licensed in any state and holding the certification issued by the national council of architectural registration boards if:
      1. The signing and sealing architect has reviewed the other architect’s work and has integrated the work into his own technical submissions; and
      2. The other architect’s technical submissions are prototypical building documents.
5. An architect may sign and seal drawings, specifications or other work that is not required to be prepared by an architect if the architect has reviewed the work and has integrated it into his own technical submissions.

The design and use of the seal shall be as required by board rule.

§ 54-305. License required.

1. Every person practicing or offering to practice architecture as defined in this chapter and not otherwise exempted shall have a separate license under his own name. A license shall not be issued in the name of any firm or corporation.
2. The holder of a license shall not maintain in the practice of architecture any person who does not hold a license to practice architecture in this state, unless the unlicensed person works under the responsible control of his licensed supervisor.

§ 54-306. Exemptions.

Nothing contained in this chapter shall be held or construed to have any application to, or to prevent or affect, the following:

1. The practice of engineering or any other profession or trade for which a license is required under any law of this state, or the practice of consultants, officers and employees of the United States while engaged solely in the practice of architecture for said government.
2. Draftsmen, students, clerks of work, project representatives and others working under the supervision of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control or supervision of their supervisors, or to prevent the employment of clerks of work or inspectors of buildings paid by the owners from acting, if under the control or direction of a licensed architect who has prepared the drawings and specifications for the building.
3. The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building, where the building is to be or is used as a single or multiple family residence not exceeding three (3) units or three (3) stories in height; or as a farm building; or for the purpose of outbuildings or auxiliary buildings in connection with the residential or farm premises.
4. The rendering of any architectural service required in the erection, enlargement, alteration or repair of any building that does not involve the public health or safety.
5. The preparation of shop drawings by persons other than architects for use in connection with the execution of their work; or the preparation of drawings of fixtures or other appliances or equipment, or for any work necessary to provide for their installation.
6. Expert consultation rendered to an architect by a consultant, whether licensed or not, employed by the architect to consult, advise and assist as long as the architect approves, adopts and is responsible for the results of the consultation, advice and assistance.
7. An intern working under the supervision of a licensed architect, including the use of the title “architectural intern,” as may be established and limited by board rule.

§ 54-307. Board — Organization and meetings.

1. There is hereby created in the department of self-governing agencies a board of architectural examiners.
2. The board shall consist of six (6) members, five (5) of whom shall be architects and shall have been residents of and lawfully practicing architects within the state of Idaho for a period of at least five (5) years directly preceding appointment, and one (1) of whom shall be a member of the public with an interest in the rights of the consumers of architectural services. At all times, the board shall have at least one (1) member who is engaged primarily in professional architectural education.
3. The regular term of office of a member shall begin as of the first Monday immediately following the date of his appointment and shall continue for five (5) years thereafter and until his successor shall have been appointed and accepted his appointment. A member appointed to fill a vacancy occasioned otherwise than by expiration of a term shall serve the unexpired term of his predecessor. No members shall be appointed for a period exceeding two (2) consecutive terms. Any member who has served two (2) consecutive terms may be reappointed after a lapse of five (5) years from the termination date of his last term.
4. Board members shall be appointed by the governor and shall serve at the pleasure of the governor.
5. In the event of death, resignation, incapacity, disqualification or removal, a vacancy in membership shall be declared by the board and filled for the unexpired portion of the term in the same manner as the original appointment.
6. The board shall, at least annually, hold a meeting and elect a chairman. The board may hold additional meetings at the call of the chairman or at the request of any two (2) members of the board.
7. A majority of the members of the board shall constitute a quorum.
8. Members of the board shall receive an honorarium and be reimbursed for expenses as provided in section 59-509(p), Idaho Code.

§ 54-308. Board — Powers.

The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers:

1. To authorize, by written agreement, the bureau of occupational licenses to act as its agent in its interests and, at its discretion, to contract with the bureau of occupational licenses for those services deemed necessary for the proper administration of this chapter;
2. To adopt, pursuant to the administrative procedure act, such rules as are necessary for the administration and enforcement of this chapter, including a code of ethics and standards of practice;
3. To maintain records necessary to carry out its duties under this chapter;
4. To adopt rules setting the qualifications and fitness of applicants for licensure under this chapter;
5. To approve continuing education courses and prescribe by rule the minimum number of continuing education hours required of each licensee seeking to obtain or renew an architect’s license in the state of Idaho;
6. To examine for, deny, approve, issue, revoke, suspend or otherwise discipline licenses pursuant to this chapter and to conduct investigations and hearings in connection with such actions, in accordance with the provisions of chapter 52, title 67, Idaho Code;
7. To establish a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review;
8. To administer or have its designee administer oaths or affirmations to witnesses in any proceeding authorized by this chapter;
9. 1. To engage in discovery as provided in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code, including, but not limited to, the power to take depositions of witnesses within or without the state in the manner provided by law in civil cases, and to require the attendance of witnesses and the production of books, records and papers as it may desire at any hearing before it of any matter that it has authority to investigate, and for that purpose the board or its designated hearing officer may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho where the witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The licensed person accused in the proceedings shall have the same right of subpoena upon making application to the board. (9)(a) To engage in discovery as provided in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code, including, but not limited to, the power to take depositions of witnesses within or without the state in the manner provided by law in civil cases, and to require the attendance of witnesses and the production of books, records and papers as it may desire at any hearing before it of any matter that it has authority to investigate, and for that purpose the board or its designated hearing officer may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho where the witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The licensed person accused in the proceedings shall have the same right of subpoena upon making application to the board.
   2. The fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases and will be paid from the occupational licenses account in the same manner as other expenses of the board are paid.
   3. In any case of disobedience to, or neglect of, any subpoena or subpoena duces tecum served upon any person, or the refusal of any witness to testify to any matter regarding which he may be interrogated, it shall be the duty of the district court, or any judge thereof, of any county in this state in which the disobedience, neglect or refusal occurs, upon application by the board, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or for refusal to testify; and (10) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of architecture.

§ 54-309. Qualifications for licensure.

1. An applicant shall be eligible to be licensed as an architect if the applicant:
   1. Passes all examination divisions of the architectural registration examination (ARE) or an examination that is approved by the board; and
   2. Has completed an architectural experience program deemed satisfactory to the board indicating that the applicant is competent to practice architecture.
2. A person is eligible to take the ARE if that person:
   1. Holds a professional degree in architecture from a program that is accredited by the national architectural accrediting board or that is approved by the board; and
   2. Has started or completed an architectural experience program deemed satisfactory to the board.
3. In lieu of holding a professional degree in architecture as required by subsection (2)(a) of this section, an applicant may provide to the board satisfactory evidence of knowledge and skill approximating that attained through graduation from an approved architectural curriculum by showing a specific record of eight (8) or more years of experience in architectural work of a character deemed satisfactory to the board. This experience may also include that necessary to satisfy the architectural work experience program requirements of subsections (1)(b) and (2)(b) of this section.

§ 54-310. License by endorsement.

The board may grant a license to any person who, at the time of application, holds a valid and current license in good standing as an architect issued by the authorized regulatory entity of another state, territory or jurisdiction of the United States, provided that the requirements for licensure are substantially equivalent to the requirements for licensure under this chapter, and upon payment of a fee set in rule by the board.

§ 54-311. Temporary license.

1. The board may grant a temporary license to any person who, for the purpose of offering to render architectural services and for that purpose only, has submitted to the board a complete application for an architect’s license under this chapter and who, at the time of application, holds a valid and current license in good standing as an architect issued by the authorized regulatory entity of another state, territory or jurisdiction of the United States.
2. A temporary license is valid for six (6) months from the date it is issued. A temporary license is nonrenewable and shall expire automatically upon issuance of a full initial license.

§ 54-312. Renewal and reinstatement.

All licenses issued under the provisions of this chapter, except for temporary licenses, shall be for a term of one (1) year and shall expire on the birthday of the licensee unless renewed in the manner prescribed by rule. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.

§ 54-313. Fees.

1. The board shall establish by rule the following fees for licensure under the provisions of this chapter:
   1. An application fee;
   2. A license fee;
   3. An endorsement license fee;
   4. A temporary license fee;
   5. An annual renewal fee; and
   6. A reinstatement fee as provided in section 67-2614, Idaho Code.
2. All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational licenses account in the dedicated fund. All costs and expenses incurred by the board for the administration of this chapter shall be a charge against and paid from the account, and the funds collected hereunder shall be immediately available for such purposes, the provisions of any other law notwithstanding.

§ 54-314. Discipline — Injunction.

1. The board shall have the authority to sanction any license issued pursuant to the provisions of this chapter for any of the following:
   1. Fraud or deception in applying for, procuring or renewing a license under this chapter;
   2. Fraud or deceit in the practice of architecture or in procuring any contract in the practice of architecture;
   3. Incompetence or gross negligence or recklessness in the practice of architecture;
   4. A conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state, territory, country or jurisdiction for a felony or a misdemeanor, which misdemeanor involved a violation of the provisions of this chapter, a willful violation of state or local building codes, or a violation of other laws relating to the public health and safety and that were committed in the course of practicing architecture;
   5. Affixing his signature to, or impressing his seal upon, any plans, drawings, specifications or other instruments of service that have not been prepared by him, or under his responsible control, or permitting his name to be used for the purpose of assisting any person who is not a licensed architect to evade the provisions of this chapter;
   6. Receiving rebates, commissions, grants of money or other favors in connection with the work, without the knowledge of the party for whom he is working, or having a pecuniary interest in the performance of the contract for the work designed, planned or supervised by him without the knowledge and consent of the owner;
   7. Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board;
   8. Practicing architecture or representing oneself as a licensed architect when unlicensed, in violation of licensing laws of the jurisdiction in which the conduct took place;
   9. Having had any professional or occupational license revoked, suspended or otherwise disciplined in Idaho or any other state, territory, country or jurisdiction;
   10. Failing to maintain the requirements for a license, including not fulfilling the continuing education requirement for license renewal established by the board in rule;
   11. Failing to comply with a board order; or
   12. Violating any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.
2. Sanctions that the board may impose include one (1) or more of the following:
   1. Refusal to grant or renew a license;
   2. Revocation of a license;
   3. Suspension of a license for a period not to exceed two (2) years;
   4. Restriction of a license to prohibit the offender from performing certain acts or from engaging in the practice of architecture in a particular manner for a period not to exceed two (2) years;
   5. Placement of the offender on probation and supervision by the board for a period not to exceed two (2) years; and
   6. Imposition of an administrative fine not to exceed two thousand dollars ($2,000) per violation.
3. The procedures for disciplinary proceedings shall be in compliance with the Idaho administrative procedure act and the rules of the office of the attorney general and the bureau of occupational licenses. (4) The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation or partnership from persisting in the doing of any acts constituting a violation of this chapter. Such action shall be brought in the district court of the county in which said act or acts or some of them are claimed to have been or are being committed, by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from the complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the case. The case shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant is established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing said or similar acts.

§ 54-315. Certain acts a misdemeanor.

1. The following acts shall be unlawful and punishable as a misdemeanor:
   1. Practicing or offering to engage in the practice of architecture, as defined in this chapter, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this chapter;
   2. Aiding and abetting the unlicensed practice of architecture in this state; and
   3. Representing oneself to be an architect or implying that he is an architect, as defined in this chapter, through the use of the word architect, architecture, architectural or similar terms, without having at the time of so doing a valid architect’s license issued under this chapter.
2. The provisions of this section do not apply to:
   1. Persons who use the term “landscape architect”; or
   2. Persons previously licensed as an architect in good standing in this or in any other state, territory, country or jurisdiction whose license has lapsed based upon retirement, for the purpose of identifying the person’s profession but not for the purpose of practicing architecture.

§ 54-316. Severability.

The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining provisions of this chapter.

§ 54-401. State athletic commission.

There is hereby created and established the state athletic commission in the department of self-governing agencies. The state athletic commission shall be administered by the state athletic commissioner who shall be appointed by the governor subject to confirmation by the senate and shall be subject to removal at the pleasure of the governor. The state athletic commissioner shall be appointed for a term of four (4) years and shall receive an honorarium not to exceed that provided in section 59-509(p), Idaho Code.

§ 54-402. Definitions.

1. The terms used in this chapter have the following meanings:
   1. “Amateur combatant” means an individual who has never been a professional combatant, as defined in this chapter, as well as an individual who has never received nor competed for any purse or other article of value, either for participating in or being associated in any way with any contest or exhibition of unarmed combat or for the expenses of training therefor, other than a noncash prize which does not exceed fifty dollars ($50.00) in value.
   2. “Applicant” means any individual, club, association, corporation, partnership, trust or other business entity which submits an application to the commission for a license or permit pursuant to this chapter.
   3. “Booking agent” means persons who act as bookers, agents, agencies and representatives who secure engagements and contracts for combatants.
   4. “Boxing” means the pugilistic act of attack and defense with the fists, practiced as a sport. The term includes all variations of the sport permitting or using other parts of the human body to deliver blows upon an opponent including, but not limited to, the foot, knee, leg, elbow or head. “Boxing” includes, but is not limited to, kickboxing and martial arts but does not include professional wrestling.
   5. “Broadcast” means any audio or visual transmission sent by any means of signal within, into or from this state, whether live or taped or time delayed, and includes any replays thereof.
   6. “Bureau” means the Idaho bureau of occupational licenses.
   7. “Closed-circuit telecast” means any telecast of contests or exhibitions which is not intended to be available for viewing without the payment of a fee, collected or based upon each telecast viewed, or for the privilege of viewing the telecast.
   8. “Club” means an incorporated or unincorporated association or body of individuals voluntarily united and acting together for some common or special purpose.
   9. “College” and “university” mean:
      1. An educational institution of higher learning that typically grants associate’s, bachelor’s, master’s or doctorate degrees;
      2. A division or school of a university; and
      3. As used in this chapter, also includes educational institutions known as community colleges and professional-technical schools.
   10. “Combatant” means an individual who takes part as a competitor in a contest or exhibition.
   11. “Commission” means the state athletic commission.
   12. “Commissioner” means the state athletic commissioner.
   13. “Contest” means a boxing match in which the participants strive earnestly in good faith to win.
   14. “Corner person” means, but shall not be limited to, a trainer, a second or any other individual who attends the combatant during a match.
   15. “Exhibition” means an engagement in which the participants show or display their skill without necessarily striving to win, such as a wrestling match between professional wrestlers or a boxing match where boxers are sparring.
   16. “Judge” means an individual other than a referee who shall have a vote in determining the winner of any contest.
   17. “Kickboxing” means any form of competitive pugilistic contest or exhibition in which blows are delivered with the hand and any part of the foot.
   18. “License” means a certificate issued to a person by the commission that is required for the person to conduct, participate in or otherwise be associated with sanctioned contests or exhibitions.
   19. “Licensee” means a person who has been issued a license by the commission.
   20. “Manager” means a person who controls or administers the affairs of any professional combatant. The term “manager” includes a person acting as a booking agent or a person acting as the representative of a manager.
   21. “Martial arts” means any form of karate, kung fu, tae kwon do, sumo, judo or any other system or form of combat or self-defense art.
   22. “Matchmaker” means a person who brings together or induces combatants to participate in contests or exhibitions or a person who arranges contests or exhibitions.
   23. “Participant” means any person who is required by this chapter to be licensed by the commission in connection with taking part in or being associated with a contest or exhibition.
   24. “Person” means any individual, partnership, limited liability company, club, association, corporation, organization, secondary school, college, university, trust or other legal entity.
   25. “Physician” means an individual licensed under the laws of this state to engage in the general practice of medicine or osteopathic medicine.
   26. “Professional combatant” means an individual eighteen (18) years of age or older who participates as a competitor in a contest or exhibition for money, prizes or purses, or who teaches, instructs or assists in the practice of unarmed combat or sparring as a means of obtaining pecuniary gain.
   27. “Professional contest and professional exhibition” means any contest or exhibition conducted within this state involving professional combatants.
   28. “Professional wrestling” means an activity in which combatants struggle hand-to-hand primarily for the purpose of providing entertainment to spectators and which does not comprise a bona fide athletic contest or competition.
   29. “Promoter” means any person including an owner, officer, partner, member, director, employee or shareholder thereof, who produces, arranges, stages or otherwise promotes any contest or exhibition.
   30. “Pugilistic” means an act related to the skill or practice of fighting with the fists.
   31. “Purse” means the financial guarantee or any other remuneration or thing of value for which a person participates in a contest or exhibition.
   32. “Ring official” means any individual who performs an official function during the progress of a regulated contest or exhibition including, but not limited to, timekeepers, judges, referees and attending physicians.
   33. “Sanctioning permit” means a license issued by the commission or a permit issued by an approved amateur athletic sanctioning organization, that authorizes a promoter to promote a single program of contests and exhibitions at a specific venue.
   34. “Secondary school” means a school which, for operational purposes, is organized and administered on the basis of grades seven (7) through twelve (12), inclusive, or any combination thereof. (ii) “Sparring” means to engage in a form of unarmed combat, such as occurs in a practice or exhibition match.
   35. “Trainer” means an individual who assists, coaches or instructs any unarmed combatant with respect to physical conditioning, strategy, techniques or preparation for competition in contests or exhibitions.
   36. “Unarmed combat” means a fight or contest between individuals or groups without the use of weapons other than the natural appurtenances of the human body.
2. To the extent the commission deems pertinent, any specialized term not otherwise defined in this chapter may be defined by rule.

§ 54-403. Agents, employees and inspectors.

1. The commission shall contract with the bureau of occupational licenses to act as the board’s agent and employ such employees and inspectors as may be necessary to provide the required administrative, investigative, legal and fiscal services and otherwise administer the provisions of this chapter.
2. The commissioner may appoint up to five (5) deputy state athletic commissioners who shall be assigned such duties and given such authority as designated by the commissioner. Deputy commissioners shall serve at the discretion of the commissioner and may be appointed for a term not to exceed the tenure of the commissioner. Deputy commissioners shall be entitled to an honorarium as provided in section 59-509(n), Idaho Code.
3. No less than one (1) commissioner or deputy commissioner or agent of the commission shall be present at any contest or exhibition held under the provisions of this chapter. Such agents shall carry official identification evidencing their authority. It shall be their duty to see that all rules of the commission and the provisions of this chapter are strictly complied with and to be present at the accounting of the gross receipts of any contest or exhibition, and such agent is authorized to receive from the licensee conducting the contest or exhibition the statement of gross receipts herein provided for and to immediately transmit such reports to the commission.

§ 54-404. Records — Oaths — Compulsory process.

The commission or its agent shall keep full and correct minutes of its transactions and proceedings, which shall at all times be open to public inspection. Any agent of the commission shall have the power to administer oaths in all matters pertaining to or concerning the proceedings of the official duties of the commission. The commission shall have power to summon witnesses to appear and testify on any matter deemed material to the proper discharge of its duties. Such summons shall be served in like manner as a subpoena issued out of the district court and shall be served by the sheriff of the proper county, and such service returned by him to the commission without compensation.

§ 54-405. Sanctioning permit for amateur and professional contests and exhibitions — Telecasts.

The commission shall have power to issue and for cause to immediately revoke any sanctioning permit to conduct amateur and professional contests and exhibitions, including a simultaneous telecast of any live, current or spontaneous contests and exhibitions on a closed-circuit telecast within this state, whether originating in this state or elsewhere, and for which a charge is made, as herein provided under such terms and conditions and at such times and places as the commission may determine. Such permit shall entitle the holder thereof to conduct contests and exhibitions under such terms and conditions and at such times and places as the commission may determine. In case the commission shall refuse to grant a permit to any applicant, or shall cancel any permit, such applicant, or the holder of such canceled permit shall be entitled, upon application, to a hearing to be held not less than sixty (60) days after the filing of such order at such place as the commission may designate; provided however, that [if] it has been found by a valid finding and such finding is fully set forth in the order, that the applicant or permittee has been guilty of any felony or of disobeying any provision of this chapter, such hearing shall be denied.

§ 54-406. Duties of commission — Sanctioning permits — Licensing — Exemptions — Medical certification.

1. The commission shall have power, and it shall be its duty, to direct, supervise and control all amateur and professional contests and exhibitions within the state and no such contest or exhibition shall be held or given within this state except in accordance with the provisions of this chapter. The commission has authority to adopt rules to implement the provisions of this chapter and to implement each of the duties and responsibilities conferred upon the commission including, but not limited to:
   1. Development of an ethical code of conduct for commissioners, commission staff and commission officials;
   2. Facility and safety requirements relating to the ring, floor plan and apron seating, emergency medical equipment and services, and other equipment and services necessary for the conduct of a program of matches;
   3. Requirements regarding a participant’s apparel, bandages, handwraps, gloves, mouthpiece and appearance during a match;
   4. Requirements relating to a manager’s participation, presence and conduct during a match;
   5. Duties and responsibilities of all licensees under this chapter;
   6. Procedures for hearings and resolution of disputes, including the commission’s recovery of its costs and fees incurred from an unsuccessful challenger of a contest decision as well as a deposit in an amount determined by the commission;
   7. Qualifications for appointment of referees and judges;
   8. Designation and duties of a knockdown timekeeper;
   9. Setting fee and reimbursement schedules for referees and other officials appointed by the commission or the representative of the commission;
   10. Establishment of criteria for approval, disapproval, suspension of approval and revocation of approval of amateur sanctioning organizations for amateur contests and exhibitions held in this state including, but not limited to, the health and safety standards the organizations use before, during and after the matches to ensure the health, safety and well-being of the amateur combatants participating in the matches, including the qualifications and numbers of health care personnel required to be present, the qualifications required for referees, and other requirements relating to the health, safety and well-being of the amateur combatants participating in the matches. The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of United States amateur boxing, inc., as the minimum health and safety standards for an amateur boxing sanctioning organization, and the health and safety standards of the international amateur kickboxing sport association as the minimum health and safety standards for an amateur kickboxing sanctioning organization; and
   11. Establish fees to be paid by an amateur athletic sanctioning organization that is approved pursuant to subsection (3)(b)(ii) of this section, which fees shall include:
       1. Initial and annual application processing fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000); and (ii) Initial and annual approval fees of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
2. The commission may, in its discretion, issue or refuse to issue and for cause immediately revoke any sanctioning permit whether or not an admission fee is charged by any person, organization, association or fraternal society. The commission may also, in its discretion, issue or refuse to issue and for cause immediately revoke, suspend or otherwise discipline licenses for participants of sanctioned contests and exhibitions. The commission may recover the costs and fees incurred in the investigation and prosecution of a licensee or permit holder who is found in violation of the provisions of this chapter or the commission’s rules.
3. Specifically exempt from the provisions of this chapter are all contests or exhibitions that:
   1. Are contests or exhibitions conducted by any secondary school, college or university, whether public or private, where all the participating contestants are bona fide students enrolled in any secondary school, college or university, within or without this state;
   2. Are entirely contests or exhibitions in which all combatants are amateurs and which have been sanctioned as amateur athletic contests or exhibitions by any of the following associations:
      1. United States amateur boxing, inc., also known as USA boxing, inc., the amateur athletic union of the United States, inc., also known as the national amateur athletic union, the amateur athletic union and the AAU or any similar nationally recognized entity approved by the commission; or
      2. Any other entity that the commission approves to be an amateur athletic sanctioning organization, which approval shall be subject to annual review for purposes of renewal. Notwithstanding any other provision of this chapter, the promoter of any contest or exhibition sanctioned by an organization approved pursuant to this subparagraph shall comply with sections 54-408, 54-411, 54-413, 54-417, 54-419, 54-421 and 54-422, Idaho Code, and the promoter and each participant in such contest or exhibition are subject to sections 54-416, 54-418 and 54-420, Idaho Code, unless specifically exempted by commission rule;
   3. Are contests or exhibitions held under the auspices or sanction of an established nonprofit secondary school activities organization or of its public or nonprofit accredited secondary school members, or held under the auspices or sanction of an established college or university activities organization or its public or not-for-profit accredited college or university members; or
   4. Are contests or exhibitions conducted by any military installation or branch of the United States armed forces, or the state national guard, where the participants are employed by the military installation, are members of the branch of the armed forces, or the state national guard unit conducting the contest or exhibition.

§ 54-407. Time between boxing contests.

1. In no case may a boxing combatant participate in more than one (1) boxing contest or exhibition in any twenty-four (24) hour period.
2. Without the special permission of the commission, a boxing combatant may not compete in a boxing contest or exhibition in this state unless:
   1. Four (4) days have elapsed since his last contest if the contest lasted for no more than four (4) rounds.
   2. Seven (7) days have elapsed since his last contest if the contest lasted five (5) or six (6) rounds.
   3. Fourteen (14) days have elapsed since his last contest if the contest lasted seven (7) or eight (8) rounds.
   4. Twenty-one (21) days have elapsed since his last contest if the contest lasted nine (9) or ten (10) rounds.
   5. Forty-five (45) days have elapsed since his last contest if the contest lasted eleven (11) or twelve (12) rounds.

§ 54-408. Promoters — Bond or other security — Medical insurance.

1. Before any sanctioning permit is issued to any promoter to conduct or hold a contest or exhibition and before an approved amateur athletic sanctioning organization sanctions an exempt amateur event, the promoter shall file with the commission a bond or other form of financial security payable to the state of Idaho in an amount determined by the commission, executed by the promoter and a surety company or companies authorized to do business in this state, and conditioned upon the faithful performance by the promoter, which shall include, but not be limited to, the cancellation of a sanctioned contest or exhibition without good cause as determined by the commission.
2. The bond or other form of financial security required under this section shall guarantee the payment of all taxes, fees, fines and other moneys due and payable pursuant to the provisions of this chapter and the rules of the commission or regulations of an approved amateur athletic sanctioning organization, as applicable, including, but not limited to, the payment of purses to the participants, other than the promoter, any contributions for required insurance, pensions, disability and medical examinations, the repayment to ticketholders of purchased tickets, and if applicable, the payment of fees to ring officials and physicians and, in the event of the cancellation of a sanctioned contest or exhibition without good cause, an amount determined by the commission.
3. The commission may modify the amount of bond or other form of financial security if the commission determines that modification is required to ensure adequate and sufficient coverage for payment of taxes, fees, fines, purses and other moneys due and payable pursuant to the provisions of this section. Failure of any promoter to secure a modified bond or other form of financial security required pursuant to this subsection within such period of time as the commission may prescribe, shall be grounds for the commission to revoke any sanctioning permit and cancel any contest or exhibition.
4. All proceeds collected pursuant to the provisions of this section shall be deposited in the state treasury to the credit of the occupational licenses fund [account].
5. Promoters must obtain health insurance to cover any injuries incurred by participants, other than the promoter, at the time of the event.

§ 54-409. Considerations before issuance of license or sanctioning permit.

Before issuing any license or sanctioning permit, the commission shall consider the following in order of importance:

1. The preservation of the safety and health of the contestants;
2. The best interest and welfare of the public; and
3. The best interest of the sport in general.

§ 54-410. Issuance of a license or sanctioning permit.

Upon the approval by the commission of any application for a license or sanctioning permit, the payment of such fees as determined by the commission and the filing of the bond or other form of financial security as the commission may require, the commission shall forthwith issue such license or sanctioning permit.

§ 54-410A, 54-410B. License and sanction of state athletic director — Reports of a tax on admission charges for showing of telecasts of boxing, sparring, and wrestling matches — Personal and private venture — Limitation of Profit. [Repealed.]

§ 54-411. Statement and report of event — Tax on gross receipts.

1. Any promoter as herein provided shall, at least seven (7) days prior to the holding of any contest or exhibition, file with the commission a statement setting forth the name of each combatant, his manager or managers, the total number of tickets available for the contest or exhibition and such other information as the commission may require. The promoter shall pay to the commission at the time of the sanctioning permit application an initial event tax of one thousand dollars ($1,000). Within seventy-two (72) hours after the termination of any contest or exhibition the promoter shall file with the commission representative a gross receipts report, duly verified as the commission may require showing the number of tickets sold for such contest or exhibition, the price charged for such tickets and the gross receipts thereof without any deduction whatsoever, and such other and further information as the commission may require. If the initial event tax previously paid is less than nine percent (9%) of the gross receipts for the event, then the promoter shall pay to the commission at the time of filing the above report an additional event tax equal to nine percent (9%) of the gross receipts, minus the initial event tax previously paid, for deposit by the commission.
2. All tickets for any contest or exhibition shall be issued, sold and distributed by an independent ticket distributor or broker not associated with the promoter and not associated with the venue unless approved by the commission. The number of complimentary tickets shall be limited to two percent (2%) of the total tickets sold per event location. All complimentary tickets exceeding this set amount shall be subject to taxation. The promoter shall limit the number of persons admitted to the event to the number of available tickets that are actually sold, given away or otherwise issued for the event.
3. Gross receipts reports signed under oath shall also include:
   1. The name of the promoter;
   2. The contest or exhibition sanctioning permit number;
   3. The promoter’s business address and any license or sanctioning permit number required of such promoter by law;
   4. Gross receipts as specified by this section, during the period specified by this section; and
   5. Such further information as the commission may require to enable it to compute correctly and collect the assessment levied pursuant to this section.
4. In addition to the information required on gross receipts reports, the commission may request, and the promoter shall furnish, any information deemed necessary for a correct computation of the assessment levied pursuant to this section.
5. All levies pursuant to this section shall be collected by the commission and shall be deposited in the state treasury to the credit of the occupational licenses fund [account].
6. The moneys collected from the assessment levied pursuant to the provisions of this section shall be in addition to all other revenues and funds received by the commission. (7) The promoter shall compute and pay to the commission the required assessment due. If the payment of the assessment is not postmarked or delivered to the commission as specified in subsection (1) of this section, the assessment shall be delinquent from such date. In addition, if the promoter has not paid the initial event tax as provided in subsection (1) of this section, the promoter shall not hold the event.

(8) Of the moneys collected by the commission pursuant to the tax authorized in subsection (1) of this section, up to five percent (5%) of said tax may be used by the commission for the promotion and support of amateur contests and exhibitions in this state. All parties interested in receiving a distribution must submit an application to the commission which shall include the name of the person or entity applying and a detailed description of what the applicant intends to do with the distribution if granted. The commission shall consider all applications and assign distributions, if any, at the end of each fiscal year to those applicants the commission deems most qualified. The commission may make such distributions only if the commission has a positive balance within the occupational licenses fund [account] and sufficient revenue to cover its projected expenses for the upcoming year.

(9) It shall be the duty of every promoter required to make a gross receipts report and pay any assessment pursuant to the provisions of this section to keep and preserve suitable records and documents which may be necessary to determine the amount of assessment due as will substantiate and prove the accuracy of such reports. All such records shall be preserved for a period of three (3) years, unless the commission, in writing, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the commission or by its authorized agents.

(10) In the event the state athletic commission’s debt owed to the bureau of occupational licenses exceeds two hundred thousand dollars ($200,000), the commission’s operations will be suspended, including issuance of licenses and permits. In order for the commission’s operations to be reinstated all outstanding debt owed to the bureau of occupational licenses must be paid in full.

§ 54-412. Funds.

All fees received under the provisions of this chapter shall be paid to the bureau of occupational licenses and deposited in the state treasury to the credit of the occupational licenses fund [account] and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from such fund [account].

§ 54-413. Simultaneous or closed-circuit telecasts — Report — Tax on gross receipts.

Every promoter who charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current or spontaneous contest or exhibition on a closed-circuit telecast viewed within this state shall, within seventy-two (72) hours after such event, furnish to the commission a verified gross receipts report on a form which is supplied by the commission showing the number of tickets issued or sold, and the gross receipts therefor without any deductions whatsoever. Such promoter shall also at the same time pay to the commission a tax equal to five percent (5%) of such gross receipts paid for admission to the showing of the contest or exhibition. In no event, however, shall the tax be less than twenty-five dollars ($25.00). The tax shall apply uniformly at the same rate to all persons subject to the tax.

§ 54-413A. Amateur rules. [Repealed.]

§ 54-414. Boxing rounds and bouts limited.

No boxing contest or boxing exhibition held in this state whether under the provisions of this chapter or otherwise shall be for more than ten (10) rounds. Each round in a contest or exhibition shall be scheduled to last for the same length of time. No one (1) round of any boxing contest or exhibition shall be scheduled for longer than three (3) minutes and there shall be not less than one (1) minute intermission between each round. In the event of bouts involving a state or regional championship, the commission may grant an extension of no more than two (2) additional rounds to allow total bouts of twelve (12) rounds. The commission shall promulgate rules to assure clean and sportsmanlike conduct on the part of all participants and officials, and the proper and orderly conduct of the contest or exhibition in all respects, including, but not limited to, the weight of the gloves required for contests and exhibitions, and to otherwise make rules consistent with this chapter, but such rules shall apply only to contests or exhibitions held under the provisions of this chapter.

§ 54-415. Physician’s attendance — Examination of combatants.

1. Each combatant for a contest or exhibition shall be examined within thirty-six (36) hours prior to the contest or exhibition by a physician appointed by the commission. The physician shall forthwith and before such contest or exhibition report in writing and over his signature the physical condition of each and every combatant to the commissioner or agent present at such contest. Blank forms of physicians’ reports shall be provided by the commission and all questions upon such blanks shall be answered in full. At the discretion of the commission and immediately prior to a contest or exhibition, the commission may require a combatant to be examined by a physician appointed by the commission. No combatant whose physical condition is not approved by the examining physician shall be permitted to participate in any contest or exhibition. The promoter conducting such contest or exhibition shall pay the examining physician a fee in the amount designated by the commission. No contest or exhibition shall be held unless a physician is present throughout the contest or exhibition. The promoter shall pay the fees, in the amount designated by the commission, of the physician who is required to be present at a contest or exhibition.
2. The physician present at the contest or exhibition shall have the authority to stop any contest or exhibition when in the physician’s opinion it would be dangerous for a combatant to continue.

§ 54-416. Annual licenses — Fees — Revocation.

1. The commission shall grant annual licenses in compliance with the rules prescribed by the commission, and the payment of the fees, the amount of which is to be determined by the commission upon application, prescribed to promoters, managers, booking agents, matchmakers, ring officials, combatants and corner persons; provided, that the provisions of this section shall not apply to combatants or other persons who may participate in contests or exhibitions which are exempted from the provisions of this chapter pursuant to section 54-406(3), Idaho Code.
2. Any such license may be revoked by the commission for any cause which it shall deem sufficient.
3. No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.
4. The ring officials for any contest shall be designated by the commission from among the active pool of licensed or appointed ring officials.
5. The ring officials for any exhibition shall be provided by the promoter and licensed by the commission.

§ 54-417. Participation in purse — Conducting sham contests or exhibitions — Forfeiture of license.

Any person promoting exhibitions or contests who shall directly or indirectly participate in the purse or fee of any manager of any combatant and any licensee who shall conduct or participate in any sham or fake contest or exhibition shall thereby forfeit any licenses issued pursuant to this chapter and the commission shall declare the license canceled and void and the licensee shall not thereafter be entitled to receive another such license, or any license issued pursuant to the provisions of this chapter.

§ 54-418. Violation of rules — Sham contests or exhibitions — Penalties.

Any participant who shall participate in any sham or fake contest or exhibition and any participant who violates any rule of the commission shall be penalized in the following manner. For the first offense he shall be restrained by order of the commission for a period of not less than three (3) months from participating in any contest or exhibition held under the provisions of this chapter, such suspension to take effect immediately after the occurrence of the offense, for any second offense such participant or licensee shall be forever suspended from participation in any contest or exhibition under the provisions of this chapter.

§ 54-419. Inaccurate statement and report of event — Additional tax — Notice — Penalty for delinquency.

Whenever any promoter shall fail to make a report of any contest or exhibition within the time prescribed in this chapter or when such report is unsatisfactory to the commission, the commission or its agent may examine the books and records of such promoter; and may subpoena and examine under oath any officer of such promoter and such other person or persons as may be necessary to determine the total tax due. If upon the completion of such examination it shall be determined that an additional tax is due, notice thereof shall be served upon the promoter and if such promoter shall fail to pay such additional tax within twenty (20) days after service of such notice the delinquent promoter shall forfeit any licenses issued pursuant to this chapter and shall forever be disqualified from receiving any new license and in addition thereto, such promoter shall be liable to this state in the penal sum of ten thousand dollars ($10,000) to be collected by the attorney general by such action as may be necessary and in the manner provided by law. All moneys collected pursuant to the provisions of this section shall be remitted to the occupational licenses fund [account]. Regardless of whether the delinquent promoter timely pays any additional tax, the commission may discipline the promoter for failing to make the statement and report of event within the prescribed time or for negligently or knowingly making an inaccurate statement and report of event.

§ 54-420. Prohibitions — Penalties — Injunctions.

1. Any person conducting or participating in contests or exhibitions within this state without first having obtained a license or sanctioning permit in the manner provided in this chapter is in violation of the provisions of this chapter.
2. It is unlawful for any promoter or person associated with or employed by any promoter to destroy any ticket or ticket stub, whether sold or unsold, within three (3) months after the date of any contest or exhibition.
3. The striking of any individual who is not a licensed combatant in that particular contest or exhibition shall constitute grounds for suspension, revocation or both of a license issued pursuant to the provisions of this chapter.
4. Any person violating any of the provisions of this chapter or the rules of the commission for which no penalty is otherwise herein provided, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000) or by incarceration in the county jail for not more than thirty (30) days or by both such fine and incarceration. The commission shall suspend or revoke the license of any person convicted of violating the provisions of this chapter and the rules of the commission.
5. In addition to other penalties provided by law if, after a hearing in accordance with the provisions of this chapter and the rules of the commission, the commission shall find any person to be in violation of any of the provisions of this chapter, such person may be subject to an administrative penalty equal to the greater of five hundred dollars ($500) or one percent (1%) of gross receipts received for each violation. Each day a person is in violation of the provisions of this chapter and the rules of the commission may constitute a separate violation. All administrative penalties collected pursuant to the provisions of this subsection shall be deposited in the state treasury to the occupational licenses fund [account]. Upon the request of the commission or its agent, the attorney general may institute action to enforce the administrative penalties imposed pursuant to this subsection in the district court for Ada county.
6. Upon the request of the commission or its agent, the county prosecutor in the county where a violation has occurred or is about to occur may make application to the district court in the county for an order enjoining the acts or practices prohibited by the provisions of this chapter and the rules of the commission, and upon a showing that the person has engaged or is about to engage in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.

§ 54-421. Emergency medical equipment and personnel.

A promoter shall have an ambulance or paramedical unit with appropriate resuscitation equipment continuously present at the event site during the performance of all contests and exhibitions in case a serious injury occurs.

§ 54-422. Security — Promoter’s responsibility.

A promoter shall ensure that adequate security personnel are present at a contest or exhibition to control the crowd or audience in attendance. The size of the security force shall be determined by mutual agreement of the promoter, the person in charge of operating the event site or other facility and the commission.

§ 54-501. Requirements of licensure and barbershop licensure. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-502. Practice defined. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-503. Practice of apprentice. [Repealed.]

§ 54-504. Exceptions. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-505. Qualifications for certificate of registration as registered barber. [Repealed.]

§ 54-506. Qualifications for licensure. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-507. Approved barber colleges — Requirements

Bond. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-508. One instructor for each fifteen students. [Repealed.]

§ 54-509. Application for examination. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-510. Examinations. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-511. Issuance of certificate of registration and license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-512. Persons having practiced barbering or barber-styling in another state or country. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-513. Performance of services to be limited to licensed shops and schools or colleges. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-514. Display of license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-515. Renewal and reinstatement of licenses. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-516. Refusal, revocation or suspension of license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-517. Hearings. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-518. Fees. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-519. Certain acts prohibited. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-520. False affidavit as perjury. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-521. Board of barber examiners — Powers and duties

Designation of persons to report to board. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-522. Public record for licenses. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-523. Use of terminology limited

Barber poles. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-524. Inspection. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-525. Separability. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-526. Short title. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-527. Licenses of teachers. [Repealed.]

§ 54-528. Qualifications of teachers. [Repealed.]

§ 54-529. Requirements of students. [Repealed.]

§ 54-530. Judicial review. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 1, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-601. Purposes of the act.

The practice of podiatry in the state of Idaho is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the profession of podiatry merit and receive the confidence of the public, and to that end that only qualified persons be permitted to practice podiatry in the state of Idaho. This act shall be liberally construed to carry out these objects and purposes.

§ 54-602. Podiatry defined.

1. Podiatry shall, for the purpose of this chapter, mean the diagnosis and mechanical, electrical, medical, physical and surgical treatment of ailments of the human foot and leg, and the casting of feet for the purpose of preparing or prescribing corrective appliances, prosthetics, and/or the making of custom shoes for corrective treatment; provided, however, that the casting of feet for preparing corrective appliances, prosthetics and/or custom shoes may be permitted on the prescription of a duly licensed person in the healing arts in this state. Podiatrists shall be limited in their practice to the human foot and leg. Surgical treatment, as herein used, shall mean the surgical treatment of the foot and ankle and those soft tissue structures below the knee governing the function of the foot and ankle, but shall not include the amputation of the leg, surgery of the knee joint, surgery of the bony structures proximal to the distal half of the tibia, or the administration or monitoring of general anesthesia.
2. Advanced surgical procedures, as determined by the state board of podiatry, shall be performed in a licensed hospital or certified ambulatory surgical center accredited by the joint commission on accreditation of healthcare organizations or the accreditation association for ambulatory health care where a peer review system is in place.
3. A podiatrist may administer narcotics and medications in the treatment of ailments of the human foot and leg in the same manner as a physician and surgeon licensed to practice under chapter 18, title 54, Idaho Code.
4. It is not the intent of this section, and nothing herein shall be so construed, to prohibit the sale of noncustom built shoes that are commonly sold by merchants in commercial establishments.
5. A podiatrist is defined as a natural person who practices podiatry and who within the scope of this chapter is a physician and surgeon of the foot and ankle, and shall be referred to as a podiatric physician and surgeon; provided, further, that nothing within this chapter shall prohibit any physician or surgeon, registered and licensed as such and authorized to practice under the laws of the state of Idaho, or any physician or surgeon of the United States army, navy or public health service when in actual performance of his duties, from practicing medicine and surgery.

§ 54-605. Powers and duties of state board of podiatry.

The state board of podiatry, herein referred to as the board, shall have the following powers:

1. To approve examinations to ascertain the qualifications and fitness of applicants to practice podiatry; to pass upon the qualifications of applicants for licenses by endorsement; and to establish, by rule, the specific examinations to be required of each applicant for licensure.
2. To prescribe rules defining for the podiatrists what shall constitute a reputable school, college or university, or department of a university or other institution in good standing, and to determine the reputability of good standing of a school, college or university, or department of a university or other institution, by reference to compliance with such rules.
3. To establish a standard of preliminary education deemed requisite for admission to a school, college or university teaching podiatry, and to require satisfactory proof of the enforcement of such standards by schools, colleges and universities.
4. To prescribe rules for a fair and wholly impartial method of examination of candidates to practice podiatry.
5. To conduct hearings and proceedings for discipline of licensees as set forth in this chapter.
6. To make and promulgate rules when required in this chapter to be administered.
7. To make and promulgate rules prescribing the standards for the ethical practice of podiatry in the state.
8. To authorize, by written agreement, the bureau of occupational licenses as agent to act in its interest.
9. To make and promulgate rules defining and requiring a podiatric residency as a condition of licensure.
10. To promulgate rules establishing an inactive license status and an inactive license fee.

§ 54-606. State board of podiatry — Examination for licenses.

1. Every person, except as hereinafter provided, desiring to commence the practice of podiatry within this state shall make written application to the state board of podiatry upon forms to be prescribed and furnished by the board for a license so to do. Such applications shall be accompanied by a fee as established by board rule not to exceed four hundred dollars ($400). Each applicant shall be at least twenty-one (21) years of age, of good moral character, have completed an accredited podiatric residency as defined by board rule, and be a graduate of some reputable school of podiatry accredited by the board. A reputable school of podiatry for the purposes herein shall mean a school of podiatry requiring for graduation the graduation from an accredited high school, credits granted for at least two (2) full years of general college study in a college or university of recognized standing, and four (4) full years of study in such school of podiatry or its equivalent.
2. Each applicant shall take and pass a competency exam approved by board rule. The examination shall test for entry level competency to provide podiatric medical services.
3. The examination fee shall not exceed the amount charged by the board approved exam provider. The applicant shall pay the examination fee directly to the exam provider.

§ 54-607. Licenses — Issuance — Renewals — Display.

1. If the applicant passes a satisfactory examination and shows that he is a person of good moral character and he possesses the qualifications required by this chapter to entitle him to a license as a podiatrist, he shall be entitled to a license authorizing him to practice podiatry within the state of Idaho. The successful applicant shall be issued his license by the board upon payment of the original license fee that shall be established by board rule and shall not exceed the annual renewal fee.
2. All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. An annual renewal license fee established by board rule shall not exceed six hundred fifty dollars ($650) for podiatrists. Payment of fees herein provided and satisfactory evidence of having complied with continued education requirements as established by board rule are conditions precedent for issuance of a license.
3. Every person to whom a license is granted shall have such license displayed continuously in a conspicuous part of his office wherein his practice of podiatry is conducted.
4. The board shall keep on file a register of all applicants for license, rejected applicants and licensees.
5. The fee for reinstatement of a license shall be as provided in section 67-2614, Idaho Code. All fees shall be paid to the bureau of occupational licenses.

§ 54-608. Grounds for suspension, denial, refusal to renew or revocation of license.

No license may be issued, and a license previously issued may be suspended, revoked or otherwise disciplined, if the person applying or the person licensed is:

1. Found guilty by a court of competent jurisdiction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
2. Found by the board to be a repeated and excessive abuser of any drug, including alcohol, or any controlled substance;
3. Found by the board to be in violation of any provision of this chapter or the rules promulgated pursuant thereto;
4. Found by the board to have used fraud or deception in the procuring of any license;
5. Found by the board to have had any action, including denial of a license or the voluntary surrender of or voluntary limitation on a license, taken against the licensee by any peer review body, any health care institution, any professional medical society or association or any court, law enforcement or governmental agency;
6. Found by the board to have been unethical, unprofessional or dishonorable in the practice of healing the sick; or
7. Found by the board to have failed to comply with an order issued by the board.

§ 54-609. Unprofessional or dishonorable conduct justifying suspension or revocation of license defined.

It shall constitute unprofessional or dishonorable conduct justifying suspension or revocation of a license for any person holding a license to practice podiatry to:

1. Offer, give or promise, either directly or indirectly, any gift in return for the procurement of a patient or patients for podiatric treatment.
2. Request, list, accept or receive any rebates or commission for prescribing or recommending any footwear, drug, medicine, or any other article, to his patients.
3. Prescribe, dispense or pretend to use, in treating any patient, any secret remedial agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any treatment, therapy or remedy whatsoever.
4. Use any form of advertising that is false, misleading or deceptive.
5. Use any title other than that of podiatrist or doctor of podiatric medicine; provided the term “foot specialist” or “physician and surgeon of the feet” may be used as explanatory terms of the title podiatrist but not alone or as a substitute therefor.
6. Employ a solicitor or solicitors to obtain business.
7. Publish or use untruthful or improbable statements with the intent of deceiving or defrauding the public or any patient.
8. Violate any rule promulgated by the board which prescribes the standards for the ethical practice of podiatry in this state.

§ 54-610. Proceedings for suspension, revocation or other discipline of license.

1. Proceedings for the suspension, revocation or other discipline of a license shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.
2. The board shall have the power to administer oaths, take depositions of witnesses within or without the state in the manner provided by law in civil cases, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire, relevant to any hearing before it of any matter which it has authority to investigate, and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of books, records or papers, directed to the sheriff of any county of the state of Idaho where such witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case. Fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases, and shall be paid from any funds in the state treasury in the same manner as other expenses of the board are paid. In the event of disobedience to or neglect of any subpoena or subpoena duces tecum served upon any person, or the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county in this state in which such disobedience, neglect or refusal occurs, or any judge thereof, on application by the board, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or for refusal to testify therein. The licensed person accused shall have the same right of subpoena upon making application to the board therefor.
3. If the board shall find that the licensed person accused has violated any of the provisions of this act, the board may enter an order suspending his license for not less than thirty (30) days nor more than two (2) years. A suspended license may not be reinstated during the term of the suspension except upon order of a district court reversing the board, or upon order of the board itself after hearing new or additional evidence not available at the original proceedings. A revoked license may not be reinstated except upon order of a district court reversing the board.

§ 54-611. Judicial review of proceedings of the board revoking or suspending license.

Any person whose license shall have been revoked or suspended by the board shall have the right to judicial review of the board’s action in accordance with the provisions of chapter 52, title 67, Idaho Code.

§ 54-612. Examination not required of licensed persons.

Any person now licensed in the state to practice podiatry shall be entitled to a renewal of his license, without examination, by applying to the board for a renewal of the same, submitting satisfactory evidence of having met the continued education requirements and tendering the renewal license fee.

§ 54-613. License by endorsement.

The board may issue a license to an applicant by endorsement where the applicant has passed an examination for and is currently licensed to practice podiatry in another state. The applicant must satisfy in all other respects the requirements for licensure in this act and any rules adopted by the board. All applications for licensure by endorsement must be accompanied by an application fee as established by board rule not to exceed four hundred dollars ($400).

§ 54-614. Practice without a license a misdemeanor.

Any person who practices or attempts to practice podiatry, publicly advertises as a podiatrist, or who uses the title chiropodist, podiatrist, or any other word, title or abbreviation calculated to induce belief that he is engaged in the practice of podiatry, or who holds himself out to the public as diagnosing the ailments of or treating in any manner the human foot by medical, physical or surgical methods, without a license as provided in this act, shall be deemed guilty of a misdemeanor.

§ 54-616. Podiatrist’s assistant. [Repealed.]

§ 54-701. Short title.

This act may be cited as the “Chiropractic Practice Act.”

§ 54-702. Legislative intent.

Recognizing that the practice of chiropractic is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to insure the public health, safety and welfare in the state of Idaho by the licensure and regulation of chiropractic physicians and the exclusion of unlicensed persons from the practice of chiropractic.

§ 54-703. Definitions.

As used in this chapter, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meaning:

1. “Acceptable school of chiropractic” means any school of chiropractic that meets the standards or requirements of a national chiropractic school accrediting organization acceptable to the board or that has status as a candidate for accreditation before such organization.
2. “Board” means the state board of chiropractic physicians.
3. “License to practice chiropractic” means a license issued by the board to a person who has graduated from an acceptable school of chiropractic and who has fulfilled the licensure requirements of this chapter.
4. “Person” means a natural person.
5. “Physician” means any person who holds a license to practice chiropractic; provided further, that others authorized by law to use the term “physician” shall not be considered physicians for the purpose of this chapter.
6. The “practice of chiropractic” means:
   1. To investigate, examine, and diagnose for any human disease, ailment, injury, infirmity, deformity, or other condition; and
   2. To apply principles or techniques of chiropractic practice as set forth in section 54-704, Idaho Code, in the prevention or treatment of any of the conditions listed in paragraph (a) of this subsection; or
   3. To offer, undertake, attempt to do or hold oneself out as able to do any of the acts prescribed in paragraphs (a) and (b) of this subsection.

§ 54-704. Chiropractic practice.

1. Chiropractic practice and procedures that may be employed by physicians are as follows: the system of specific adjustment or manipulation of the articulations and tissues of the body; the investigation, examination and clinical diagnosis of conditions of the human body and the treatment of the human body by the application of manipulative, manual, mechanical, physiotherapeutic or clinical nutritional methods and may include the use of diagnostic X-rays.
2. As used in this section:
   1. “Adjustment” means the application of a precisely controlled force applied by hand or by mechanical device to a specific focal point on the anatomy for the express purpose of creating a desired angular movement in skeletal joint structures in order to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex; “chiropractic adjustment” utilizes, as appropriate, short-lever force, high-velocity force, short-amplitude force, or specific line-of-correction force to achieve the desired angular movement, as well as low-force neuromuscular, neurovascular, neuro-cranial, or neuro-lymphatic reflex technique procedures.
   2. “Manipulation” means an application of a resistive movement by applying a nonspecific force without the use of a thrust that is directed into a region and not into a focal point of the anatomy for the general purpose of restoring movement and reducing fixation.
   3. “Massage therapy,” also called massology, means the systematic manual or mechanical mobilization of the soft tissue of the body by such movements as rubbing, kneading, pressing, rolling, slapping and tapping for the purpose of promoting circulation of the blood and lymph, relaxation of muscles, release from pain, restoration of metabolic balance, and the other benefits both physical and mental.
3. Nothing herein contained shall allow a physician to:
   1. Perform surgical operations or practice obstetrics; or
   2. Prescribe, dispense, independently administer, distribute, or direct to a patient a drug, substance or product that:
      1. Under federal law is required, prior to being dispensed or delivered, to be labeled with any of the following statements:
         1. “Caution: Federal law prohibits dispensing without prescription”;
         2. “Rx only”; or
         3. “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian”; or
      2. Is required by any applicable federal or state law, rule or regulation to be dispensed on prescription only or prescription drug order only, or is restricted to use by practitioners only.
4. Notwithstanding the provisions of subsection (3) of this section, a chiropractic physician certified in clinical nutrition may independently administer prescription drug products as provided in section 54-716, Idaho Code.
5. Notwithstanding the provisions of subsection (3) of this section, a chiropractic physician certified in clinical nutrition may issue a prescription for drug products provided in section 54-716, Idaho Code, to be: (a) Dispensed by an Idaho licensed pharmacy;
6. Chiropractic practice, as herein defined, is hereby declared not to be the practice of medicine within the meaning of the laws of the state of Idaho defining the same, and physicians licensed pursuant to this chapter shall not be subject to the provisions of chapter 18, title 54, Idaho Code, nor liable to any prosecution thereunder, when acting within the scope of practice as defined in this chapter.

(b) Delivered directly to the prescribing chiropractic physician’s office; and

(c) Administered directly to the patient in the prescribing chiropractic physician’s office.

§ 54-705. Exceptions — Prohibited practices — Negligence established.

1. Under the circumstances described and, subject in each case to the limitations stated, the following persons, though not holding a license to practice chiropractic in this state, may engage in activities included in the practice of chiropractic:
   1. A person licensed by this state pursuant to chapter 18, title 54, Idaho Code;
   2. A chiropractic assistant as shall be defined and regulated by the board, administering a procedure set forth in section 54-704, Idaho Code, but not including the adjustment or manipulation of articulations of the body, as specifically directed by a chiropractic physician as long as such directions are within the scope of chiropractic practice;
   3. A person rendering aid in an emergency, for which no fee for the services is contemplated, charged or received;
   4. A person residing in another state or country and authorized to practice chiropractic there, who is called in consultation by a person licensed in this state to practice chiropractic, or who for the purpose of furthering chiropractic education is invited into this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, so long as he does not open an office or appoint a place to meet patients or receive calls in this state;
   5. A person authorized to practice chiropractic in another state or country rendering chiropractic care in a time of disaster or while caring for an ill or injured person while at the scene of an emergency and while continuing to care for such person;
   6. Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to the provisions of this chapter, of any person licensed or registered in this state by any other law, from engaging in any health care profession or occupation for which such person is licensed or registered;
   7. A medical officer of the armed forces of the United States, of the United States public health service, or of the veterans administration, while engaged in the performance of his official duties;
   8. A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;
   9. A person administering a family remedy to a member of the family;
   10. A person authorized or licensed by this state to engage in activities which may involve the practice of medicine;
   11. A person who administers treatment or provides advice regarding the human body and its functions that:
       1. Does not use legend drugs or prescription drugs in such practice;
       2. Uses natural elements such as air, heat, water and light;
       3. Only uses class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;
       4. Only uses vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements; and who
       5. Does not perform surgery; (vi) Requires each person receiving services to sign a declaration of informed consent which includes an overview of the health care provider’s education which states that the health care provider is not an “M.D.” or “D.O.” and is not licensed under the provisions of this chapter;
   12. Any person who practices massage therapy as defined in section 54-704(2)(c), Idaho Code;
   13. A chiropractic intern, as defined and regulated by the board, who is registered with the board to practice chiropractic under the direct supervision of a licensed chiropractic physician pursuant to a preceptor program adopted and developed by the rules of the board.
2. Except as provided in subsection (1) of this section, it is unlawful for any person to practice chiropractic in this state without a license and, upon conviction thereof, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
3. It is unlawful for any person to assume or use the title or designation “chiropractor,” “chiropractic physician,” “doctor of chiropractic,” the initials “D.C.,” or any word, title or abbreviation thereof calculated to induce the belief that he is engaged in the practice of chiropractic or to indicate to the public that such person is licensed to practice chiropractic pursuant to this chapter unless such person is so licensed, and upon conviction thereof, such person shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
4. When a person has been a recipient of services constituting the unlawful practice of chiropractic, whether or not he knew the rendition of the services was unlawful, proof of the rendition of unlawful services to the recipient, in an action against the provider of such services for damages allegedly caused by the services, constitutes prima facie evidence of negligence, shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:
   1. Amount of any fees paid for the unlawful services; and
   2. Reasonable attorney’s fees and court costs.
5. The board shall refer all violations made known to it to an appropriate prosecuting attorney. The board shall render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.

§ 54-706. State board of chiropractic physicians created.

1. There is hereby established in the department of self-governing agencies a state board of chiropractic physicians to be composed of five (5) members. The members of the board shall be appointed by the governor for a term of three (3) years. The governor may consider recommendations for appointment to the board from any chiropractic association or any individual residing in this state. No person may be appointed for more than two (2) consecutive terms.
2. The board shall consist of four (4) physicians who are licensed to practice chiropractic in this state, and each of whom shall have been engaged continuously in the practice of chiropractic within the state of Idaho for a period of not less than three (3) years prior to his appointment.
3. The governor shall appoint a representative of the public as one (1) member of the board who shall be designated as the public member. The public member of the board shall be a resident of the state of Idaho who has attained the age of twenty-one (21) years, and shall not be nor shall ever have been a physician, the spouse of a physician, a person licensed under the laws of any state to practice a healing art, or a person who has or has had a material financial interest in providing health care services.
4. The board shall elect a chairman from its membership. The members of the board, except for state employees, shall be compensated as provided by section 59-509(n), Idaho Code. Three (3) members of the board shall constitute a quorum, and the board may act by virtue of a majority vote of members present at a meeting.
5. The members of the board serve at the pleasure of the governor.

§ 54-707. Powers and duties.

The board shall have the authority to:

1. Hire or appoint employees, including an executive director, investigators, attorneys, consultants and independent hearing examiners;
2. Establish, pursuant to the provisions of chapter 52, title 67, Idaho Code, rules for the administration of the provisions of this chapter;
3. Conduct investigations and examinations and hold hearings;
4. Revoke or suspend licenses to practice chiropractic after providing the licensee with an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code;
5. In any disciplinary proceeding pursuant to this chapter to administer oaths, take depositions of witnesses within or without the state in the manner provided by law in civil cases, and shall have the power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records, and papers as it may desire at any hearing and, for that purpose, the board may issue a subpoena for any witnesses or subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county in the state of Idaho, where such witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The fees and mileage of the witnesses shall be the same as allowed in the district courts in criminal cases, which fees and mileage shall be paid from any funds in the state treasury in the same manner as other expenses of the board are paid. The licensee accused in such proceedings shall have the same right of subpoena upon making application to the board therefor. In any case of disobedience to, or neglect of, any subpoena or subpoena duces tecum, served upon any person, or the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, it shall be the duty of the district court of any county in this state in which this disobedience, neglect or refusal occurs, on application by the board to compel compliance with the subpoena, to issue its order directing compliance with such subpoena, and in the event of a violation of such order, to compel compliance with such order by proceedings for contempt as in the case of disobedience of the requirement of a subpoena issued from such court or for refusal to testify therein;
6. Seek injunctive relief prohibiting the unlawful practice of chiropractic;
7. Make and enter into contracts in the necessary performance of its duties pursuant to this chapter;
8. Develop and submit a proposed budget setting forth the amount necessary to perform its functions;
9. Perform such other duties as set forth in the laws of this state;
10. Provide such other services and perform such other functions as are necessary to fulfill its responsibilities;
11. Adopt rules to provide for reasonable fees and for administrative costs and to assess costs reasonably and necessarily incurred in the enforcement of this chapter when a licensee has been found to be in violation thereof; and
12. Adopt a rule requiring continuing education as a condition of continued licensure or continued certification in clinical nutrition.

§ 54-707A. Fees.

1. The board shall establish by rule fees for licensure under the provisions of this chapter including, but not limited to, the following:
   1. Application fee not to exceed two hundred fifty dollars ($250);
   2. Initial license fee not to exceed two hundred fifty dollars ($250);
   3. Endorsement license fee not to exceed two hundred fifty dollars ($250);
   4. Annual renewal of license fee not to exceed two hundred fifty dollars ($250);
   5. Inactive license fee not to exceed one hundred fifty dollars ($150);
   6. Temporary permit fee not to exceed one hundred fifty dollars ($150);
   7. Intern permit fee not to exceed one hundred fifty dollars ($150); and
   8. Continuing education provider application fee not to exceed five hundred dollars ($500); and
   9. Clinical nutrition certification fee not to exceed two hundred fifty dollars ($250).
2. Fees charged pursuant to paragraphs (b), (c), (f), (g), and (i) of subsection (1) of this section shall be in addition to the application fee.
3. All fees received under the provisions of this chapter shall be nonrefundable and shall be deposited in the state treasury to the credit of the occupational license [licenses] account in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the account for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

§ 54-708. Board to issue licenses — Renewal and reinstatement — Inactive license — Clinical nutrition certification.

1. The board shall issue licenses to practice chiropractic to persons who have qualified therefor in accordance with the provisions of this chapter. The board may refuse licensure if it finds that the applicant has engaged in conduct prohibited by sections 54-704 and 54-712, Idaho Code, provided, that the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances. An applicant for a license or permit under this chapter must submit the fee set by board rules. All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
2. A physician holding a current active license in this state who is not practicing chiropractic in this state may be issued an inactive license. The physician must submit the fee set by board rules and a written request for an inactive license. Each inactive license shall be issued for a period of one (1) year. A physician holding an inactive license may not engage in the practice of chiropractic in this state. A physician wishing to convert an inactive license to an active license must account to the board for that period of time in which the license was inactive and must fulfill requirements that demonstrate competency to resume practice. Those requirements may include, but are not limited to, education, supervised practice and examination. The board may consider practice in another jurisdiction in determining competency.
3. The board may issue a clinical nutrition certification to a licensee under this chapter who submits a completed application, pays the application fee set by board rule, and provides proof to the board of successful completion of the educational requirements provided in section 54-717, Idaho Code.

§ 54-709. Licensure by written examination.

1. Any person seeking to be licensed to practice chiropractic in this state must successfully complete the following requirements before a license will be issued:
   1. Each applicant must submit the fee set by board rules and a completed application to the board on forms furnished by the board, which shall require proof of graduation from an acceptable school of chiropractic;
   2. Each applicant must pass an examination required by board rules. Such examination must include, but shall not be limited to, the following subjects: anatomy and histology; clinical blood chemistry and hematology; pathology; bacteriology; clinical nutrition; hygiene and sanitation; physiology; symptomatology; urinalysis; chiropractic jurisprudence; chiropractic orthopedics; physiotherapy; chiropractic principles, clinical and physical diagnosis; chiropractic adjustment; neurology, and palpation.
2. If an applicant fails to pass an examination on two (2) separate occasions, he shall not be eligible to take the examination again for at least one (1) year, and before taking the examination again, he must make a showing to the board that he has successfully engaged in a course of study for the purpose of improving his ability to engage in the practice of chiropractic. Applicants who fail two (2) separate examinations in another state, territory or district of the United States or Canada must make a showing to the board of successful completion of a course of study prior to examination for licensure.

§ 54-710. Licensure by endorsement.

Any person seeking to be licensed to practice chiropractic in this state who is licensed to practice chiropractic in another state must successfully complete the following requirements before a license to practice chiropractic will be issued.

1. Each applicant must submit the fee set by board rules and a completed application to the board on forms furnished by the board that require proof of graduation from an acceptable school of chiropractic and that contains proof that the applicant has for five (5) consecutive years immediately prior to application practiced chiropractic and holds a valid, unrevoked, unsuspended license to practice chiropractic in a state, territory or district of the United States or Canada, and a national board of chiropractic examiner’s certificate.
2. Each applicant must demonstrate that he possesses the requisite qualifications to provide the same standard of chiropractic care as provided by physicians in this state. The board may require further examination to establish such qualifications.

§ 54-711. Temporary practice, registration and permit.

1. Any person who has submitted an application to the board for licensure by examination to practice chiropractic in the state of Idaho may register with the board and be granted a permit to practice chiropractic prior to examination and licensure in accordance with board rules upon the following conditions:
   1. The applicant must submit the fee set by board rules and a completed registration application to the board on forms furnished by the board and must affirmatively show that the applicant will take the next scheduled examination for licensure approved by the board and that the applicant has not failed two (2) previous examinations for licensure approved by the board; and
   2. A licensed physician certifies to the board that such applicant will practice chiropractic only under the direct and immediate supervision of such physician and only in the office of such physician.
2. Any person who has completed the required course of study from an acceptable school of chiropractic, but has not yet graduated, may register with the board and be granted a permit to serve a chiropractic internship in accordance with board rules and upon the following conditions:
   1. The applicant must submit the fee set by board rules and a completed registration application to the board on forms furnished by the board; and
   2. A licensed physician certifies to the board that such applicant will practice chiropractic only under the direct and immediate supervision of such physician and only in the office of such physician.

§ 54-712. Discipline by the board — Grounds.

Any license or permit issued under the provisions of this chapter shall be subject to restriction, suspension, revocation or other discipline pursuant to the provisions of sections 54-707 and 54-713, Idaho Code, if the board finds that the licensee:

1. Has been convicted, found guilty, received a withheld judgment or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
2. Used false, fraudulent or forged statements or documents, diplomas or credentials in connection with any licensing or other requirements of this chapter or misrepresented or concealed a material fact in obtaining licensing, renewal or reinstatement;
3. Practiced chiropractic under a false or assumed name in this or any other state;
4. Advertised the practice of chiropractic in a false, misleading or deceptive manner;
5. Knowingly aided or abetted any person to practice chiropractic who is not authorized to practice chiropractic as provided in this chapter or failed to adequately supervise auxiliary staff who have contact with patients which creates or results in an unreasonable risk of harm to the patient;
6. Is unable to obtain or renew a license to practice chiropractic, or whose license to practice chiropractic has been restricted, revoked or suspended by any other state, territory or district of the United States or foreign jurisdiction; a certified copy of the order shall be conclusive evidence of any restriction, revocation or suspension of a license;
7. Failed to safeguard the confidentiality of chiropractic records or other chiropractic information pertaining to identifiable clients, except as required or authorized by law;
8. Practiced chiropractic when a license pursuant to this chapter is suspended, revoked, or inactive due to failure to renew the annual license within the time and manner required by the board;
9. Refused to divulge to the board, upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment, or infirmity;
10. Has engaged in any conduct which constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the licensee by the patient;
11. Has committed any act which constitutes a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
12. Is unable to practice chiropractic with reasonable skill and safety by reason of:
    1. Mental illness; or
    2. Physical illness including, but not limited to, physical deterioration which adversely affects cognitive, motor or perceptive skills; or
    3. Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substances which impair ability; or
    4. Having a communicable, contagious or infectious disease which endangers the health of patients;
13. Has violated the standard of care or code of ethics as adopted by the board or misrepresented or committed fraud in any aspect of the business or practice of chiropractic;
14. Promoted unnecessary or inefficacious treatment, procedures, devices or services or practiced in an incompetent or negligent manner resulting in or creating an unreasonable risk of harm; or (15) Has violated any provision of this act or any rule promulgated by the board for the administration or enforcement of this act, interfered with the board’s conduct of investigations, hearings or any other matters relating to discipline including, but not limited to, misrepresenting facts, attempting to influence witnesses or failing to answer subpoenas, or otherwise failed to cooperate with the board in the fulfillment of its duties.

§ 54-713. Penalties and reinstatement.

1. Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license, or renewing a license under the provisions of this chapter, the board may impose one (1) or more of the following penalties:
   1. Suspension of the offender’s license for a term to be determined by the board;
   2. Revocation of the offender’s license;
   3. Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of chiropractic in a particular manner for a term to be determined by the board;
   4. Refusal to renew the offender’s license;
   5. Placement of the offender on probation and supervision by the board for a period of time and under terms and conditions to be determined by the board;
   6. Imposition of an administrative fine not to exceed two thousand dollars ($2,000);
   7. Written letters of censure or reprimand which shall become a permanent record in the files of the licensee and which may be published within the discretion of the board; or
   8. Restitution for losses suffered or reimbursement for any damages incurred by a patient as a result of a violation of this chapter.
2. In lieu of the penalties imposed by subsection (1) of this section, the board and licensee may enter into a written mutual agreement whereby the licensee agrees to discontinue a particular activity or comply with the provisions of this chapter without an admission or finding of culpability of the licensee, the violation of which may be the basis for disciplinary action by the board.
3. The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding a license, seeking a license or renewing a license under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
4. Any person whose license to practice chiropractic in this state has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.
5. Nothing herein contained shall be construed as barring criminal prosecutions for violations of the provisions of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
6. All final decisions by the board shall be subject to judicial review pursuant to the provisions of the administrative procedure act.

§ 54-714. Observation of public health law.

Each physician shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases, reporting and certifying deaths and all matters pertaining to public health. Failure to comply with these requirements shall constitute grounds for disciplinary action pursuant to the provisions of this chapter.

§ 54-715. Peer review committee. [Repealed.]

Repealed by S.L. 2019, ch. 79, § 2, effective July 1, 2019.

§ 54-716. Administering prescription drug products.

1. A licensee under this chapter who is certified in clinical nutrition may obtain and independently administer, during chiropractic practice, the following prescription drug products:
   1. Vitamins:
      1. Vitamin A;
      2. All B vitamins; and
      3. Vitamin C;
   2. Minerals:
      1. Ammonium molybdate;
      2. Calcium;
      3. Chromium;
      4. Copper;
      5. Iodine;
      6. Magnesium;
      7. Manganese;
      8. Potassium;
      9. Selenium;
      10. Sodium; and
      11. Zinc;
   3. Fluids:
      1. Dextrose;
      2. Lactated ringers;
      3. Plasma lyte;
      4. Saline; and
      5. Sterile water;
   4. Epinephrine; and
   5. Oxygen for use during an emergency or allergic reaction.
2. The prescription drug products listed in subsection (1) of this section may be administered through oral, topical, intravenous, intramuscular or subcutaneous routes. The route of administration and dosing shall be in accordance with the product’s labeling as approved by the federal food and drug administration or with the manufacturer’s instructions.
3. The prescription drug products listed in subsection (1) of this section shall be obtained from a wholesale distributor, manufacturer, pharmacy or outsourcing facility licensed under chapter 17, title 54, Idaho Code.
4. No vitamin or mineral may be compounded, as defined in section 54-1705, Idaho Code, by a chiropractic physician. A compounded drug product containing two (2) or more of the approved vitamins or minerals shall be obtained for office use from either an outsourcing facility or a compounding pharmacy licensed under chapter 17, title 54, Idaho Code.
5. Nothing herein would remove or impact the ability of a chiropractic physician who does not obtain a clinical nutrition certification to continue to utilize nonprescriptive nutritional supplements.

§ 54-717. Certification in clinical nutrition.

1. To qualify for certification in clinical nutrition, a licensee of this chapter must have successfully completed a minimum of the following courses:
   1. Seven (7) credits (seventy-seven (77) hours) of didactic human nutrition, nutrition biochemistry and nutritional pharmacology; and
   2. Twenty-four (24) hours of practicum in intravenous and injectable nutrient therapy, which must include: sterile needle practices, phlebotomy, proper injection techniques, intravenous therapy techniques, intramuscular injection techniques, safety practices, and use and expected outcomes utilizing micronutrients, response to adverse effects, lab testing and blood chemistry interpretation.
2. Until January 1, 2019, a licensee of this chapter who commenced obtaining the education requirements of subsection (1)(a) of this section no earlier than January 1, 2013, and thereafter successfully completed those requirements, may be determined to have satisfied the requirements of subsection (1)(a) of this section as provided in board rule.
3. The practicum required for certification in clinical nutrition by subsection (1)(b) of this section must commence and be successfully completed after the effective date of this section and pursuant to board rule.
4. All active chiropractic physicians wishing to obtain certification in clinical nutrition must first successfully complete the education described in subsection (1) of this section.
5. In order to maintain clinical nutrition certification, a chiropractic physician certified in clinical nutrition must obtain recertification in clinical nutrition every three (3) years pursuant to board rule.
6. All chiropractic physicians certified in clinical nutrition must maintain a current cardiopulmonary resuscitation (CPR) and basic life support (BLS) certification, as well as have BLS equipment on the chiropractic premises where treatment is being performed.
7. Prior to providing a course of intravenous or injectable nutrition therapy, chiropractic physicians certified in clinical nutrition must provide to their patients informed consent documentation that explains the benefits and potential risks of the specific course of intravenous or injectable nutrition therapy that is being proposed. The physician must obtain from the patient written voluntary permission to perform the proposed therapy.

The courses required by this subsection must be taken from an accredited chiropractic college or other accredited institution of higher education and must be from an accredited program at the college or institution or be a program approved by board rule.

For purposes of this section, “accredited” means accredited by an accrediting agency recognized by the United States department of education.

§ 54-801. Declaration of policy. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-802. Definitions. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-803. Regulation of cosmetological establishments. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-804. Exemptions. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-805. Requirements for license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-805A. Requirements for license

Retail cosmetics dealer. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-805B. Requirements for license — Limitations of license

Makeover or glamour photography business. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-806. Schools and establishments — Who may operate — Licensure

Management. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-807. Practice of apprentice. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-808. Regulations for schools. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-809. Applications. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-810. Examinations. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-811. Issuance of certificate and license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-812. Endorsement licensure. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-813. Practitioners prior to amendments. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-814. Display of license. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-815. Renewal and reinstatement of licenses. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-816. Refusal, revocation or suspension of license

Sanctions. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-817. Hearings. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-818. Fees. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-819. Certain acts prohibited. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-820. Perjury. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-821. Administrative regulations. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-822. Public records for licenses. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-823. Fees deposited in state treasury. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-824. Establishments

Inspection rules. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-824A. Sanitation. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-825. Separability. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-826. Short title. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-827. Permit to practice, demonstrate or teach cosmetology. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-828. Idaho board of cosmetology — Appointment

Term. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-829. Board

Qualifications of members. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-830. Board

Powers. [Repealed.]

§ 54-831. Board

Organization and meetings. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-832. Compensation and expenses of board members. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-833. Removal of board members and filling vacancies. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-834. Records and reports. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-835. Judicial review. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-836. Counsel

Court action. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-837. Minimum hours of instruction for certain services. [Repealed.]

Repealed by S.L. 2018, ch. 228, § 2, effective July 1, 2018. For present comparable provisions, see§ 54-5801 et seq.

§ 54-900. Purpose.

Recognizing that the practice of dentistry, dental therapy, and dental hygiene is a privilege granted by the state of Idaho and is not a natural right of individuals, the purpose of this chapter is to assure the public health, safety and welfare in the state by the licensure and regulation of dentists, dental therapists, and dental hygienists.

§ 54-901. Definition — Practice of dentistry.

The practice of dentistry is the doing by one (1) person, for a direct or indirect consideration, of one or more of the following with respect to the teeth, gums, alveolar process, jaws, or adjacent tissues of another person, namely:

Examining for diagnosis, treatment, extraction, repair, replacement, substitution, or correction;

Diagnosing of disease, pain, injury, deficiency, deformity or physical condition;

Treating, operating, prescribing, extracting, repairing, taking impressions, fitting, replacing, substituting, or correcting;

Administering anesthetics or medicaments in connection with any of the foregoing.

§ 54-902. Definition — Practice of dental hygiene.

The practice of dental hygiene is the doing by one (1) person for a direct or indirect consideration of one (1) or more of the following with respect to the teeth or dental health of another person, namely, cleaning, polishing, removing stains or concretions; performing nonsurgical periodontal therapy; administering prescribed anesthetics or medicaments; applying preventive agents; performing nonsurgical, clinical and laboratory oral diagnostic tests for interpretation by a dentist; preparation of preliminary records of oral conditions; and such other dental services as specified by the dentist unless prohibited by the board in its adopted rules.

§ 54-903. General definitions.

As used in this chapter:

1. “Association” means the Idaho state dental association and the Idaho dental hygienists’ association.
2. “Board” means the state board of dentistry.
3. “Conviction” or “convicted” means a finding of guilt by a judge or jury, an entry of a guilty plea by a defendant and its acceptance by the court, a forfeiture of a bail bond or collateral deposited to secure a defendant’s appearance, a judgment of conviction, a suspended sentence, probation, a withheld judgment, or a finding of guilt under the uniform code of military justice.
4. “Dental assistant” is a person who need not be licensed under this chapter, but who is regularly employed at a dental office, who works under a dentist’s supervision, and is adequately trained and qualified according to standards established by the board to perform the dental services permitted to be performed by assistants by this chapter and applicable rules of the board.
5. “Dental hygienist” is a person both qualified and licensed by the laws of Idaho to practice dental hygiene.
6. “Dental specialist” is a dentist who has graduated from a board-approved postgraduate program in the dentist’s specialty and is a person both qualified and licensed by the laws of Idaho to practice a dental specialty recognized by the board.
7. “Dental therapist” is a person both qualified and licensed by the laws of Idaho to practice dental therapy.
8. “Dentist” is a person both qualified and licensed by the laws of Idaho to practice dentistry.
9. “Direct supervision” is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, that a dentist remain in the practice setting while the procedure is performed, and that before dismissal of the patient a dentist approves the work performed by the dental therapist, dental assistant, or dental hygienist.
10. “Extended access oral health care setting” means and includes:
    1. Dental and dental hygiene treatment and services provided at locations including, but not limited to, a school district, county, state or federal agency, hospital, medical office, long-term care facility, public health district, dental or dental hygiene school, tribal clinic, or federally qualified health center; or
    2. Oral health care programs approved by the board and conducted by or through a nonprofit public or private entity, organized in accordance with section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code, that provide free dental or dental hygiene services to persons who, due to age, infirmity, indigence, disability or other similar reason, may be unable to receive regular dental and dental hygiene treatment. The board may require reapproval of the oral health care programs on an annual basis or at such other times as may be deemed by the board to be necessary or appropriate.
    3. Dental therapy preventative treatment and preventative services provided in a school or long-term care facility in an incorporated city that is wholly or partially within or has a border contiguous to the boundaries of a tribal reservation.
11. “General supervision” is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist authorize the procedure which is carried out, but not requiring that a dentist be in the practice setting when the authorized procedure is performed. (12) “Indirect supervision” is supervision of a dental therapist, dental assistant, or dental hygienist requiring that a dentist authorize a procedure and that a dentist be in the practice setting while the procedure is performed by the therapist, assistant, or hygienist.

§ 54-906. Unlawful practice of dental hygiene.

1. Any person, not a dentist, who shall practice, or shall in any manner hold himself out to any other person, or to the public, as qualified or licensed to practice dental hygiene within the state of Idaho without at the time being a licensed dental hygienist, or who performs any act, function, or service permitted a dental hygienist by this act without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both.
2. Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933, Idaho Code.

Each act of practice, or holding out, or representation shall constitute a separate offense.

§ 54-906A. Unlawful practice of dental therapy.

1. Any person, not a dentist, who shall practice or in any manner hold himself out to any other person or to the public as qualified or licensed to practice dental therapy within the state of Idaho without at the time being a licensed dental therapist, or who performs any act, function, or service that is permitted a dental therapist by this chapter without the supervision of a dentist as specified by the rules of the board, shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred dollars ($100) nor more than three hundred dollars ($300), or be imprisoned in the county jail for no less than thirty (30) days nor more than six (6) months, or both. Each act of practice, or holding out, or representation shall constitute a separate offense.
2. Conviction under the provisions of this section shall not prevent issuance of an injunction as provided in section 54-933, Idaho Code.

§ 54-907. State board of dentistry established.

There is hereby established in the department of self-governing agencies a state board of dentistry to be composed of eight (8) members, five (5) of whom shall be dentists, two (2) of whom shall be dental hygienists, and one (1) of whom shall be a member of the public with an interest in the rights of consumers of dental services. Board members shall be appointed by the governor and shall serve at the pleasure of the governor. Upon appointment by the governor, the term of office of a member of the board shall commence on the first Monday of February following his appointment and shall continue for five (5) years, or until his successor has been named, whichever is later. A vacancy in membership of the board shall occur whenever the regular term of a member expires or when a member dies, resigns or is removed from office by the governor. Appointments to fill a vacancy occurring for some reason other than expiration of term of office shall be made for the unexpired term which is being filled.

§ 54-908. State board of dentistry — Vacancies.

1. The governor may consider recommendations for appointment to the board from the Idaho state dental association and from any individual residing in this state. For the purposes of nominations and appointments, the state shall be divided by the association into four (4) components and nominations and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dentist member.
2. The governor may also consider recommendations for appointment to the board from the Idaho dental hygienists’ association and from any individual residing in this state. For the purposes of appointments, the state shall be divided by the Idaho dental hygienists’ association into two (2) components and appointments to the board shall be made in such a manner that each component shall be represented on the board by one (1) dental hygienist member.

§ 54-909. Board of dentistry — Qualifications of members.

Each dentist and each dental hygienist member of the board shall hold a current, active Idaho license and shall be a resident of the state of Idaho. The consumer member of the board must be a resident of the state of Idaho and shall be representative of the public consumers of dental care services.

§ 54-910. State board of dentistry fund — Creation of.

All fees of any kind collected under the provisions of this act shall be deposited with the state treasury to the credit of a separate fund to be known as the state board of dentistry fund and all money that comes into this fund is appropriated to carry out the purposes and objects of this act, and to pay all costs and expenses incurred in connection with this act. Such moneys shall be paid out upon warrants drawn by the state controller upon presentation of proper vouchers approved by the state board of dentistry or its administrator acting within the administrator’s delegated authority. Such claims and vouchers shall be examined by the board of examiners as are other claims against the state. Moneys paid from this fund are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949).

§ 54-911. Board of dentistry — Organization — Meetings — Expenses — Per diem.

The board of dentistry shall select from its dentist members a chairman who shall serve at the pleasure of the board. The board may meet at stated times and shall meet upon the call of its chairman or a majority of the members. It shall keep minutes of its meetings and actions thereat. Five (5) members, three (3) of whom must be dentists and two (2) of whom must be nondentists, shall constitute a quorum, and the vote of the majority of the members present at a meeting at which a quorum is present shall determine the action of the board.

Out of any appropriation applicable to the administration of this chapter, each member of the board shall be compensated as provided by section 59-509(p), Idaho Code.

§ 54-912. Board of dentistry — Powers and duties.

The board shall have the following powers and duties:

1. To ascertain the qualifications and fitness of applicants to practice dentistry, a dental specialty, dental therapy, or dental hygiene; to prepare, conduct and grade qualifying examinations; to require and accept passing results of written and clinical examinations from approved dental, dental therapy, and dental hygiene testing organizations; to issue in the name of the board a certificate of qualification to applicants found to be fit and qualified to practice dentistry, dental therapy, or dental hygiene.
2. To prescribe rules for a fair and wholly impartial method of licensure and examination of applicants to practice dentistry, a dental specialty, dental therapy, or dental hygiene.
3. To define by rule what shall constitute accepted and approved schools, colleges, institutions, universities or departments thereof for the teaching of dentistry, dental therapy, or dental hygiene and to determine, accept and approve those that comply therewith.
4. To promulgate other rules required by law or necessary or desirable for its enforcement and administration; to define by rule the terms unprofessional conduct or practices injurious to the public as the terms are used in section 54-924, Idaho Code, to furnish applications, certificates, licenses and other necessary forms.
5. To inspect or cause to be inspected the offices or operating rooms of all persons licensed under this chapter.
6. 1. Upon its own motion or upon any complaint, to initiate and conduct investigations on all matters relating to the practice of dentistry, dental therapy, or dental hygiene and to conduct hearings or proceedings on its own or through its designated hearing officer, to revoke, suspend or otherwise condition certificates of qualification or licenses of persons practicing dentistry, dental therapy, or dental hygiene and, on such terms as the board shall deem appropriate, to revoke, suspend, or otherwise condition such licenses, provided such hearings and proceedings shall be had in conformance with the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board shall be subject to judicial review as provided in chapter 52, title 67, Idaho Code. (6)(a) Upon its own motion or upon any complaint, to initiate and conduct investigations on all matters relating to the practice of dentistry, dental therapy, or dental hygiene and to conduct hearings or proceedings on its own or through its designated hearing officer, to revoke, suspend or otherwise condition certificates of qualification or licenses of persons practicing dentistry, dental therapy, or dental hygiene and, on such terms as the board shall deem appropriate, to revoke, suspend, or otherwise condition such licenses, provided such hearings and proceedings shall be had in conformance with the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board shall be subject to judicial review as provided in chapter 52, title 67, Idaho Code.
   2. Whenever it appears that grounds for discipline exist under this chapter and the board finds that there is an immediate danger to the public health, safety or welfare, the board is authorized to commence emergency proceedings for revocation or other action. Such proceedings shall be promptly instituted and processed, including the right to contest the emergency proceedings and appeal, under the applicable provisions of chapter 52, title 67, Idaho Code.
7. The board, its designated hearing officer, or representative shall have power to administer oaths, the power to engage in discovery as provided in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code, including, but not limited to, the power to take depositions of witnesses within or without the state in the manner provided by law in civil cases, and shall have power throughout the state of Idaho to require the attendance of witnesses and the production of books, records and papers as it may desire at any hearing before it of any matter which it has authority to investigate, and for that purpose the board or its designated hearing officer may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho, where the witness resides, or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases and shall be paid from the state board of dentistry fund in the same manner as other expenses of the board are paid. In any case of disobedience to, or neglect of, any subpoena or subpoena duces tecum served upon any person, or the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, it shall be the duty of the district court, or any judge thereof, of any county in this state in which the disobedience, neglect or refusal occurs, upon application by the board to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or for refusal to testify. The licensed person accused in the proceedings shall have the same right of subpoena upon making application to the board.
8. The board shall establish an office and may appoint an executive director and may employ other personnel, including attorneys and hearing officers, as may be necessary to assist the board. The board shall prescribe the duties of the executive director and these duties shall include the preparation of all papers and records under law for the board, and shall include enforcement activities as to the board may from time to time appear advisable, and the executive director shall act for and on behalf of the board in such manner as the board may authorize, keep records, property and equipment of the board and discharge other duties as the board may from time to time prescribe. The compensation of the executive director or other personnel shall be determined by the board and the executive director shall be bonded to the state in the time, form and manner prescribed in chapter 8, title 59, Idaho Code.
9. To report annually to the associations on the status of the state board of dentistry fund and furnish the associations a written report on all receipts and expenditures during the preceding year.
10. Provide, by rule, for reasonable fees for administrative costs and assess costs reasonably and necessarily incurred in the enforcement of this chapter when a licensee has been found to be in violation of this chapter.

§ 54-913. Certificates — Licenses — Records.

1. All certificates of qualification to practice dentistry, dental therapy, or dental hygiene, and all licenses shall be issued by the board in the name of the board, with the seal attached.
2. The board shall keep a record of all applicants for licensure to qualify as a dentist, dental therapist, or dental hygienist, of applicants rejected on application or examination with the reason for rejection, of certificates of qualification and of licenses issued, and of dentists, dental therapists, and dental hygienists.

§ 54-915. Qualifications required for dentist, dental therapist, or dental hygienist licensure.

No person hereafter shall be eligible for licensure to practice dentistry, dental therapy, or dental hygiene in this state unless the applicant:

1. Is of good moral character and has not pled guilty to or been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, unless the person demonstrates that he has been sufficiently rehabilitated to warrant the public trust;
2. Shall, for dentistry, have successfully completed the course of study in dentistry, and graduated and received a degree of doctor of dental surgery or doctor of dental medicine from a dental school accepted and approved by the board;
3. Shall, for dental therapy, have:
   1. Successfully completed a course of study in dental therapy;
   2. Graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association, provided that such school has been accepted and approved by the board; and
   3. Completed five hundred (500) hours of supervised clinical practice under the direct supervision of a dentist;
4. Shall, for dental hygiene, have successfully completed the course of study in dental hygiene, and received a degree from a dental hygiene school accepted and approved by the board;
5. Shall, for dentistry, dental therapy, and dental hygiene, pass the examinations provided for in section 54-918, Idaho Code.

§ 54-916A. Dental hygiene licensure by credentials.

The board may issue a license to practice dental hygiene without further examination to an applicant upon evidence that:

1. The applicant currently holds an active license in good standing to practice dental hygiene in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
2. The applicant has been licensed for at least one (1) year and the applicant has practiced a minimum of one thousand (1,000) hours in the two (2) years immediately preceding the date of application;
3. The applicant has graduated from a dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
4. The applicant has successfully completed a board approved clinical examination;
5. The applicant has successfully completed the national board dental hygiene examination; and
6. The applicant has paid the application fee as set by board rule.

§ 54-916B. Dental licensure by credentials.

The board may issue a license to practice dentistry without further examination upon evidence that:

1. The applicant currently holds an active license in good standing to practice dentistry in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
2. The applicant has been in clinical practice at least five (5) years immediately preceding the date of application for a minimum of three thousand five hundred (3,500) hours;
3. The applicant has graduated from a dental school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
4. The applicant has successfully completed the national board dental examinations;
5. The applicant has successfully completed a board-approved clinical examination; and
6. The applicant has paid the application fee as set by board rule.

§ 54-916C. Dental therapy licensure by credentials.

The board may issue a license to practice dental therapy without further examination to an applicant upon evidence that:

1. The applicant currently holds an active license in good standing to practice dental therapy in another state with no disciplinary proceedings or unresolved complaints pending before the state’s licensing board;
2. The applicant has been in clinical practice at least two (2) years and has practiced a minimum of two thousand (2,000) hours in the three (3) years immediately preceding the date of application;
3. The applicant has graduated from a dental therapy school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
4. The applicant has successfully completed board-approved examinations; and
5. The applicant has paid the application fee as set by board rule.

§ 54-917. Allowance or rejection of applicant.

In the event the board finds that the applicant does not possess all the qualifications required for licensure, or that the application or supporting instruments contain false or misleading statements of material facts, the board shall refuse to permit the applicant to be licensed, and shall in writing so notify the applicant giving the reasons therefor. The board shall record such refusal and reasons and the date and means of notification.

§ 54-918. Examinations — Certificate of qualification.

1. An applicant for licensure shall pass such examinations in dentistry, in dental therapy, and in dental hygiene as are conducted by the board or its agent. Examinations shall be written or clinical, or both, and upon such subjects in dentistry, dental therapy, and dental hygiene as the board shall determine will thoroughly test the fitness and ability of the applicant to practice dentistry, dental therapy, or dental hygiene. An applicant for licensure shall pass the written jurisprudence examination conducted by the board. A passing score of seventy-five percent (75%) correct shall be required on the written jurisprudence examination. A passing score of at least seventy-five percent (75%) correct shall be required on any additional written or clinical examinations conducted by the board. It shall report and record the names of applicants who pass and of those who fail the examinations. Upon the candidate’s request, the board will issue to each passing applicant in dentistry, who is qualified for Idaho licensure, a certificate of qualification to practice dentistry, and to each passing applicant in dental therapy, who is qualified for Idaho licensure, a certificate of qualification to practice dental therapy within the state of Idaho, and to each passing applicant in dental hygiene, who is qualified for Idaho licensure, a certificate of qualification to practice dental hygiene within the state of Idaho.
2. In lieu of conducting written examinations other than the jurisprudence examination, the board may require and accept the results of the national board dental and dental hygiene examinations administered by the American dental association. The American dental association shall set the standards for passing the national board dental and dental hygiene examinations. In lieu of conducting clinical examinations, the board may require and accept the results of clinical examinations administered by national or regional testing organizations approved by the board. In lieu of conducting dental therapy examinations, the board may require and accept the results of dental therapy examinations administered by national or regional testing organizations approved by the board. The national or regional testing organizations shall set the standards for passing or acceptable level of competency on the clinical or dental therapy examinations administered.
3. Applicants who fail any examination conducted by the board or its agent shall be notified thereof in writing by the board, which shall also record the fact of failure and the date and means of notification.
4. Written questions and answers of applicants shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless exempt from disclosure in that chapter and title, and shall be destroyed by the board after the period of one (1) year following the examination.

§ 54-919. Cheating.

In the event the board finds prior to the issuance of a certificate of qualification that an applicant, whether or not receiving a passing grade in the examination, has made any false statement with intent to mislead or deceive the board or its members in or in connection with his application, or has cheated or attempted to cheat in examination, such applicant shall be denied a certificate of qualification and shall be notified in writing with the reasons, the facts and the date and means of notification shall be recorded by the board.

In the event of such finding, subsequent to the issuance of a certificate of qualification, proceedings may be maintained to revoke such certificate and any license outstanding, on such ground.

§ 54-920. Licensing — License fees — Biennial renewal of licenses — Late fees and returned checks — Classifications of licenses — Rights of licensees — Notification of change of address.

1. Each person determined by the board as qualified for licensure under this chapter shall pay the prescribed biennial license fee to the board prior to issuance of a license. Unless otherwise specified on a license, licenses issued by the board shall be effective for the biennial licensing period specified in this section. The biennial licensing period for dental and dental therapy licenses shall be a two (2) year period from October 1 of each even-numbered calendar year to September 30 of the next successive even-numbered calendar year. The biennial licensing period for dental hygiene licenses shall be a two (2) year period from April 1 of each odd-numbered calendar year to March 31 of the next successive odd-numbered calendar year. Unless otherwise specified on a license, any license issued during a biennial licensing period shall be effective until the beginning date of the next successive biennial licensing period and the board may prorate the amount of the license fee from the date of issuance of the license until the beginning date of the next applicable biennial licensing period at the discretion of the board. A license issued by the board shall expire unless renewed in the manner specified in this section.
2. The nonrefundable biennial license fees shall be fixed by the board, but shall not exceed the following amounts:
   1. Four hundred dollars ($400) for a dentist with an active status;
   2. Two hundred dollars ($200) for a dentist with an inactive status;
   3. Three hundred dollars ($300) for a dental therapist with an active status;
   4. One hundred fifty dollars ($150) for a dental therapist with an inactive status;
   5. Two hundred twenty dollars ($220) for a dental hygienist with an active status;
   6. One hundred twelve dollars ($112) for a dental hygienist with an inactive status; or
   7. Four hundred dollars ($400) for a dentist with a specialist status.
3. A license issued by the board shall be renewed as prescribed in this section. Prior to the expiration of the effective period of a license, the board shall provide notice of renewal to the licensee’s address of record on file with the board. To renew a dental license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to September 30 of every even-numbered calendar year. To renew a dental hygiene license, each licensee shall submit a properly completed renewal application and the appropriate biennial license fee to the board prior to March 31 of each odd-numbered calendar year. Each licensee determined by the board as qualified for renewal of a license shall be issued a license for the applicable biennial licensing period.
4. Failure to timely submit a complete renewal application and license fee shall result in expiration of the license and termination of the licensee’s right to practice. Failure to submit a complete renewal application, license fee and fifty dollar ($50.00) late fee within thirty (30) days of expiration of the license shall result in cancellation of the license. (5) Any person who delivers a check or other payment to the board that is returned to the board unpaid by the financial institution upon which it was drawn shall pay to the board as an administrative cost, in addition to any other amount owing, the amount of fifty dollars ($50.00). Following notification by the board of the returned check or other payment, the person shall make payment of all moneys owing to the board by certified check or money order within thirty (30) days of the date of notification. A failure to submit the necessary remittance within the thirty (30) day period may result in the expiration of a license or constitute grounds for the board to deny, cancel, suspend or revoke a license.
   1. The term “license with active status” means a license issued by the board to a qualified person who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.
   2. The term “license with an inactive status” means a license issued by the board to a qualified person who is not authorized to be an active practitioner of dentistry, dental therapy, or dental hygiene in the state of Idaho. A person issued a license with an inactive status is not entitled to practice dentistry, dental therapy, or dental hygiene in the state of Idaho.
   3. The terms “license with special status” and “license with provisional status” mean licenses issued by the board to a qualified person on a provisional, conditional, restricted or limited basis under the terms of which the licensee is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to conditions, limitations and requirements imposed by the board. The conditions, limitations and requirements imposed by the board may include, but are not limited to, a limitation on the effective period of the license, a requirement that specific conditions must be fulfilled in order for the license to remain effective, a requirement that specified education, examinations and skills testing be successfully completed during the effective period of the license, a restriction on the scope of permissible services that the licensee is authorized to perform, a restriction on the type of patients for whom treatment may be rendered and a restriction on the locations at which the licensee can perform authorized services.
      1. Compliance with the requirements of this chapter and all rules promulgated under the provisions of this chapter;
      2. Good moral character and good professional conduct; and
      3. Completion of accumulated continuing education as required of a license with uninterrupted active status.

(6) The board of dentistry may issue different classes of licenses as defined in this subsection.

(7)(a) The board may issue a license with active status to any qualified applicant or qualified licensee who is authorized to practice dentistry, dental therapy, or dental hygiene in the state of Idaho. Renewal of a license with active status requires compliance with requirements specified in rule.

(b) The board may issue a license with inactive status to any qualified applicant or qualified licensee who fulfilled the licensure requirements but does not practice in the state of Idaho. Renewal of a license with inactive status requires compliance with requirements specified in rule.

(c) The board may issue a license with provisional status or special status to any person who fulfills, or substantially fulfills, the applicable licensure requirements when the board, acting in its discretion, determined that special circumstances existed which, for the protection of the public health, safety and welfare, required that specific conditions, restrictions or limitations be imposed on the license. A license with special status or provisional status entitles the holder thereof to practice dentistry, dental therapy, or dental hygiene in the state of Idaho subject to the conditions, restrictions and limitations specifically determined by the board and for the period of time prescribed. A provisional license is effective for the period specified by the board and may not be renewed. The board shall develop rules to include definitions, application and renewal requirements, limitations of practice and other conditions regarding provisional and special status licenses. (d) The board may convert a license with inactive status to a license with active status in the event the holder pays the license fee prescribed for licenses with active status and submits to the board satisfactory evidence of:

(e) Persons unable to otherwise fully meet the requirements for conversion of an inactive status license to an active status license must apply as a first-time applicant.

(8) Each person licensed under this chapter shall notify the board in writing of any change in the person’s name or address of record within thirty (30) days after the change has taken place.

§ 54-921. Reinstatement of canceled license.

1. A license that has been canceled for less than two (2) years may be reinstated by submitting all required application and license fees and submitting evidence of completion of all required continuing education hours.
2. A license that has been canceled for more than two (2) years may be reinstated by satisfying the license requirements of a first-time applicant for licensure and submitting all required application and license fees.

§ 54-922. Display of license.

No person shall practice dentistry, dental therapy, or dental hygiene unless he either has on display in his office an unrevoked and unsuspended license for the time period in which he shall practice or has the same immediately producible upon request.

§ 54-923. Revocation for convictions of crime.

A certificate or other evidence of qualification and right to practice dentistry, a dental specialty, dental therapy, or dental hygiene, and a license, may be revoked by the board whenever it shall be shown to the board that the holder of such certificate or other evidence of qualification, right to practice or license has been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, whether such conviction shall have occurred before or after qualification, or accrual of such right, or the issuance of such certificate or other evidence of qualification, or of such license. A person licensed to practice dentistry, a dental specialty, dental therapy, or dental hygiene who is convicted of a felony in any jurisdiction shall notify the board within thirty (30) days of conviction by submitting a copy of the judgment of conviction to the board.

§ 54-924. Other grounds of refusal, revocation or suspension of dentists — Probation agreements.

The board may refuse to issue or renew a dental license, or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental license as the board may deem proper, including administrative penalties not to exceed ten thousand dollars ($10,000) per violation and assessment of the costs of disciplinary proceedings in the event a dentist shall:

1. Intentionally misstate, or fail fully to disclose, a fact material to determination of fitness and qualification in an application for licensure to practice dentistry, or cheat in an examination to practice dentistry; or procure a certificate or finding of qualification to practice dentistry or subsequently a license by false, fraudulent or deceitful means or in any other name than his own true name; or
2. Practice dentistry under any name other than his own true name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code; or
3. Practice or in any manner or by any means or at any place hold out or represent himself as practicing dentistry in or under the name of, or as a member, representative, agent or employee of, or in connection with, any company, association, or corporation, or under any trade, fictitious or business name except as a professional service corporation or professional limited liability company or as a limited managed care plan pursuant to chapter 39, title 41, Idaho Code, except for a dentist practicing dentistry as an employee or contracting dentist providing dentistry services to any health center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b; or
4. 1. Make, or cause to be made, or assist in making, any fraudulent, false, or misleading statement as to his own, or an employee’s, associate’s, or other dentist’s, dental therapist’s, or dental hygienist’s skill or lack of skill, or method of practice; or (4)(a) Make, or cause to be made, or assist in making, any fraudulent, false, or misleading statement as to his own, or an employee’s, associate’s, or other dentist’s, dental therapist’s, or dental hygienist’s skill or lack of skill, or method of practice; or
   2. Claim to practice dentistry without causing pain; or
   3. Claim superiority over other dentists; or
   4. Publish, advertise, or circulate reports, letters, certificates, endorsements, or evidence of cures or corrections of dental conditions by such dentist, his employee or associate by reason of his or their skill, experience, or ability or of his or their use of any system, method, technique, device, drug, medicine, material, manipulation or machine; or
   5. Advertise the use of, or use, any system, method, technique, device, drug, medicine, material or machine, which is either falsely advertised or misnamed; or
5. Use intoxicants or drugs to such a degree as to render him unfit to practice; or
6. Commit malpractice, that is, to provide dental care which fails to meet the standard of dental care provided by other qualified dentists in the same community or similar communities, taking into account his training, experience and the degree of expertise to which he holds himself out to the public; or
7. Engage in unprofessional conduct, as defined by board rules; or
8. Advertise in such way as to deceive or defraud, or probably deceive or defraud, the public or patrons; or
9. Employ or permit any person not a dentist to practice dentistry, or any person not a dentist or dental therapist to practice dental therapy, or any person not a dentist or dental hygienist to practice dental hygiene, in his office or under his control or direction; or
10. Fail, neglect or refuse to keep his office or equipment, or otherwise conduct his work in accordance with current state and federal laws, rules and regulations; or
11. Violate any other provisions of law or rules adopted by the board; or
12. Falsely identify himself to the public as a specialist in a specialty area of dentistry as defined by rule; or
13. Engage in the practice of dentistry as a member, stockholder, employee, director, partner or proprietor in any business entity in which a person, not duly licensed to practice dentistry in this state, holds an ownership interest. The provisions of this subsection shall not apply to such engagement in a limited managed care plan pursuant to chapter 39, title 41, Idaho Code, or to a dentist practicing dentistry for any health care center as defined and authorized in section 330 of the public health service act, codified as amended at 42 U.S.C. 254b.
14. Supervise more than three (3) dental therapists.

§ 54-925. Other grounds of revocation or suspension of dental hygienists — Probation agreements.

The certificate or other evidence of qualification, and the right to practice dental hygiene and the license of any dental hygienist may be revoked, suspended or otherwise conditioned by the board in the event such dental hygienist shall do, in respect to the practice of dental hygiene, or as a dental hygienist, any of the things or acts set forth in section 54-924, Idaho Code; Provided, however, that notwithstanding any provisions of section 54-924, Idaho Code, a dental hygienist shall not practice otherwise than as provided in section 54-904, Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board.

The board may refuse to issue or renew a dental hygiene license, or may revoke, suspend, place on probation, reprimand or take other disciplinary action with respect to a dental hygiene license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings.

§ 54-926. Other grounds of revocation or suspension of dental therapists — Probation agreements.

The certificate or other evidence of qualification, and the right to practice dental therapy and the license of any dental therapist, may be revoked, suspended, or otherwise conditioned by the board in the event such dental therapist shall do, in respect to the practice of dental therapy, or as a dental therapist any of the things or acts set forth in section 54-924, Idaho Code. Notwithstanding any provisions of section 54-924, Idaho Code, a dental therapist shall not practice otherwise than as provided in section 54-902A, Idaho Code, and his doing so shall be an additional ground for revocation, suspension, or other conditions as determined by the board. The board may refuse to issue or renew a dental therapist license, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action with respect to a dental therapy license as the board may deem proper, including administrative penalties not to exceed five thousand dollars ($5,000) per violation and assessment of the costs of disciplinary proceedings.

§ 54-927 — 54-929. Revocation or suspension — Procedure — Counsel — Depositions — Witnesses — Subpoenas — Appeal. [Repealed.]

§ 54-930. Exceptions to application of act.

This act shall not be construed as prohibiting a physician or surgeon, duly authorized to practice as such in this state, from treating diseases of the mouth or performing operations in oral surgery; nor as prohibiting persons authorized by the laws of another state, territory or country to practice dentistry or dental hygiene therein, or persons teaching in approved dental, dental therapy, or dental hygiene schools, from making clinical demonstrations before meetings of dentists, dental therapists, or dental hygienists in Idaho; nor as prohibiting any person from performing merely mechanical work upon inert matter in a dental laboratory; nor to prohibit students in approved dental, dental therapy, or dental hygiene schools from practicing dentistry, dental therapy, or dental hygiene therein as part of their training or education.

§ 54-932. Lost or destroyed certificates or licenses.

If the certificate of qualification or the license of a dentist, dental therapist, or dental hygienist be lost or destroyed, and such fact appear by affidavit of such dentist, dental therapist, or dental hygienist filed with the board together with a fee of ten dollars ($10.00), the board shall issue a duplicate.

§ 54-933. Injunction — Procedure.

The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act. Such action shall be brought in the district court of the county in which such acts or some of them are claimed to have been or are being committed, by filing a verified complaint setting forth said acts. The court, or a judge thereof at chambers, if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending final disposition of the cause. The cause shall proceed as in other cases for injunction. If at the trial the commission of said act or acts by the defendant be established, and the court further find[s] that it is probable that defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining said defendant from thereafter committing said or similar acts.

§ 54-934. Peer review committees — Immunity from liability — Confidentiality of records.

1. The state board of dentistry or the Idaho state dental association or both may establish one (1) or more peer review committees pursuant to this section, for the purpose of:
   1. Determining the relevancy of a dentist’s usual and reasonable fees or treatment procedure to the terms of a contract;
   2. Assessing the quality of services rendered; or
   3. Evaluating claims against dentists or engaging in underwriting decisions in connection with professional liability insurance coverage for dentists.
2. The board or the associations, any one (1) of which has established a peer review committee pursuant to law, any committee member or any staff member of either the board or of the associations assisting a peer review committee, and any witness or consultant appearing before or presenting information to a peer review committee shall be immune from liability in any civil action brought as a result of a peer review investigation or proceeding conducted by a peer review committee, if the board, association, committee or staff member, witness or consultant, acts in good faith within the scope of the function of the committee, has made a reasonable effort to obtain the facts of the matter as to which the board or association or he acts, in the reasonable belief that the action taken is warranted by the facts.
3. Any entity, organization or person acting without malice in making any report or other information available to a peer review committee, or who assists in the origination, investigation or preparation of that information, or assists a committee in carrying out any of its duties or functions, shall be immune from civil liability for any such actions.
4. Any communications or information relating to peer committee investigations or proceedings as provided by law, and the proceedings and records of the committee related to them, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless exempt from disclosure in that chapter and title, and shall not be subject to discovery or introduced into evidence in any civil action against a dentist arising out of matters which are the subject of evaluation and review by the committee.

§ 54-935. Volunteer’s license — Qualifications — Permissible practice — Immunity from liability.

1. Upon application and qualification, the board may issue, without examination, a volunteer’s license to a dentist, dental therapist, or dental hygienist who is retired from the active practice of dentistry, dental therapy, or dental hygiene to enable the retired dentist, dental therapist, or dental hygienist to provide dental, dental therapy, or dental hygiene services at specified locations to persons who, due to age, infirmity, indigence or disability, are unable to receive regular dental treatment.
2. For purposes of this section, a dentist, dental therapist, or dental hygienist previously holding a dental, dental therapist, or dental hygiene license with active status in Idaho or another state shall be considered to be retired if, prior to the date of application for a volunteer’s license, he has surrendered or allowed his license with active status to expire with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, he has converted his license with active status to a license with inactive status with the intention of ceasing to actively practice as a dentist, dental therapist, or dental hygienist for remuneration, or he has converted his license with active or inactive status to a license with retirement or similar status that proscribed the active practice of dentistry, dental therapy, or dental hygiene. A dentist, dental therapist, or dental hygienist whose dental, dental therapy, or dental hygiene license had been restricted, suspended, revoked, surrendered, resigned, converted, or allowed to lapse or expire as the result of disciplinary action or in lieu of disciplinary action being taken shall not be eligible for a volunteer’s license.
3. An application for a volunteer’s license shall include, but not be limited to, the following:
   1. Verification of graduation from a dental, dental therapy, or dental hygiene school accredited by the commission on dental accreditation of the American dental association as of the date of the applicant’s graduation;
   2. Verification from each state board in which the applicant was licensed that the applicant maintained his dental, dental therapy, or dental hygiene license in good standing without disciplinary action that restricted the applicant’s license or resulted in the applicant’s license being placed on probation, suspended, revoked or being surrendered, resigned or otherwise allowed to lapse or expire in lieu of disciplinary action;
   3. Verification that the applicant held a dental, dental therapy, or dental hygiene license in good standing in Idaho or another state as of the date upon which the dentist, dental therapist, or dental hygienist became retired;
   4. Verification that the applicant held an active status dental, dental therapy, or dental hygiene license in good standing in Idaho or another state within five (5) years of the date of application for a volunteer’s license, provided that the board may waive the five (5) year requirement in the event that the applicant demonstrates he possesses the knowledge and skills requisite to the practice of dentistry, dental therapy, or dental hygiene by successfully completing such examinations as are required by the board; and
   5. A notarized statement from the applicant on a form prescribed by the board, that the applicant will not provide any dental, dental therapy, or dental hygiene services to any person or at any location other than as permitted by this section and that the applicant will not accept any amount or form of remuneration, other than as reimbursement for the amount of actual expenses incurred as a volunteer dentist, dental therapist, or dental hygienist, for any dental, dental therapy, or dental hygiene services provided under the authority of a volunteer’s license. (4) For purposes of this section, the specified locations at which a dentist, dental therapist, or dental hygienist holding a volunteer’s license may provide dental, dental therapy, or dental hygiene services shall be limited to the premises or sites of extended access oral health care settings. The dental services provided in an extended access oral health care setting by a dentist holding a volunteer’s license shall not require or include the administration of general anesthesia or moderate sedation to a patient unless otherwise specifically approved in advance by the board.

(5) A volunteer’s license shall be valid for that period specified for dentists, dental therapists, and dental hygienists in section 54-920, Idaho Code, and may be renewed upon application of the licensee unless the license has been revoked in accordance with this section. The board shall maintain a register of all dentists, dental therapists, and dental hygienists who hold a volunteer’s license. The board shall not charge an application or licensing fee for issuing or renewing a volunteer’s license. A volunteer’s license cannot be converted to a license with active, inactive, provisional or special status.

(6) The board may revoke a volunteer’s license upon receiving proof satisfactory to the board that the holder of a volunteer’s license provided dental, dental therapy, or dental hygiene services outside the permissible scope of the volunteer’s license or that grounds existed for enforcement or disciplinary action against the holder of a volunteer’s license under other sections of this chapter or the administrative rules promulgated under this chapter.

(7) When practicing dentistry, dental therapy, or dental hygiene within the permissible scope of a volunteer’s license, the holder of a volunteer’s license issued pursuant to this section shall be immune from liability for any civil action arising out of the provision of volunteer dental, dental therapy, or dental hygiene services. This section does not provide or extend immunity to a holder of a volunteer’s license for any acts or omissions constituting negligence.

§ 54-936. Continued operation of dental practice — Death of sole proprietor dentist.

In the case of the death of a sole proprietor dentist, the provisions of this chapter shall not be construed as prohibiting the personal representative, executor, surviving spouse or surviving heir of the dentist, upon notification to the state board of dentistry, from continuing to operate the dental practice of the deceased for a period of not more than six (6) months following death. An additional six (6) month period of operation shall be allowed upon approval of the board pursuant to rules as adopted by the board. This exception shall only apply where during such period of time there is a good faith effort being made to sell the dental practice and that all the decisions pertaining to the diagnosis, care and treatment of the patients are made by a dentist licensed and authorized to practice pursuant to the provisions of this chapter. For purposes of this section, “sole proprietor dentist” means a dentist who solely owns a dental practice, regardless of the type of legal entity under which it is operated.

§ 54-1001. Declaration of policy.

From and after the taking effect of this act, all installations in the state of Idaho of wires and equipment to convey electric current and installations of apparatus to be operated by such current, except as hereinafter provided, shall be made substantially in accord with the National Electrical Code, NFPA 70, as amended and approved by the Idaho electrical board and adopted by the Idaho legislature, relating to such work as far as the same covers both fire and personal injury hazards.

§ 54-1001B. Inspection provisions inapplicable when installation covered by municipal ordinance.

The provisions of this act relating to state inspection, except as provided in section 54-1001C, [Idaho Code,] shall not apply within the corporate limits of incorporated cities and villages which, by ordinance or building code, prescribe the manner in which wires or equipment to convey current and apparatus to be operated by such current shall be installed, provided that the provisions of the National Electrical Code are used as the minimum standard in the preparation of such ordinances or building codes and provided that actual inspections are made.

§ 54-1001C. Inspections within municipalities — When authorized.

The administrator of the division of building safety may make electrical inspections within any city upon written request from the mayor or manager of such city. Such inspections shall be made in accordance with the local ordinance or building code. Service of the inspector shall be furnished at cost, such cost to be paid monthly to the administrator by the city requesting inspection service.

§ 54-1001D. Inspections of modular buildings — When authorized — Approval and certification.

1. Notwithstanding the exemption provided in subsection (1)(c) of section 54-1016, Idaho Code, the administrator of the division of building safety may make electrical inspections of any modular building upon written request from the manufacturer.
   1. Inspections shall be made in accordance with the codes adopted in this chapter.
   2. Inspection fees shall be as provided in section 39-4303, Idaho Code.
   3. The administrator may issue electrical permits for the installation of electrical equipment, conductors and apparatus in modular buildings.
2. The administrator of the division of building safety is hereby authorized to make inspections of electrical installations as set forth herein and to issue inspection results covering such installations.

§ 54-1002. License essential to engage in business — Licensure authority exclusive to the state.

1. It shall be unlawful for any person, partnership, company, firm, association or corporation to act, or attempt to act, as an electrical contractor or limited electrical contractor in this state until such person, partnership, company, firm, association or corporation shall have received a license as an electrical contractor or limited electrical contractor, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of building safety.
2. It shall be unlawful for any person to act as a journeyman or master electrician in this state until such person shall have received a license as a journeyman or master electrician, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of building safety, provided, however, that any person who has been issued a master electrician’s license pursuant to this chapter may act as a journeyman electrician.
3. It shall be unlawful for any person to act as a limited electrical installer in this state until such person shall have received a license as a limited electrical installer, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of building safety, provided however, that any person who has been issued a master electrician’s license or a journeyman electrician’s license pursuant to this chapter may act as a limited electrical installer.
4. It shall be unlawful for any person to act as a provisional journeyman electrician in this state until such person has received a provisional journeyman electrician’s license, as defined in this chapter, issued pursuant to the provisions of this chapter by the administrator of the division of building safety.
5. Licensure of electrical contractors, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, facility accounts and registration of apprentice electricians and trainees shall be within the exclusive jurisdiction of the state pursuant to this chapter and no local jurisdiction shall have the authority to require additional licensure or registration or to require payment of any fees in order for any licensee or registrant to engage in the electrical construction trade within the local jurisdiction or to issue licenses or registrations to persons licensed or registered under this chapter that are inconsistent with the provisions of this chapter or rules promulgated by the division of building safety. The state shall investigate all local infractions and state violations of this chapter and prosecute the same. The local jurisdictions will assist the state by requesting investigations within their jurisdictions. Nothing in this chapter shall restrict a city or county from imposing stricter public safety rules, notwithstanding any provision of Idaho Code.

§ 54-1003A. Definitions.

1. Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting, or carrying on the business of installing wires or equipment to carry electric current or installing apparatus to be operated by such current, or entering into agreements to install such wires, equipment or apparatus, shall for the purpose of this chapter be known as an electrical contractor. An electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker’s compensation insurance if applicable.
2. Journeyman Electrician. Except as provided in section 54-1016, Idaho Code, and subsections (3), (4), (5) and (6) of this section, any person who personally performs or supervises the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, shall for the purpose of this chapter be known as a journeyman electrician.
3. Apprentice Electrician. Any person who, for the purpose of learning the trade of journeyman electrician, engages in the installation of electrical wiring, equipment, or apparatus while under the constant on-the-job supervision of a qualified journeyman electrician shall for the purpose of this chapter be known as an apprentice electrician.
4. Maintenance Electrician. Any person who is regularly employed to service, maintain or repair electrical apparatus, or to make minor repairs or alterations to existing electrical wires or equipment located on his employer’s premises shall for the purpose of this chapter be known as a maintenance electrician.
5. Master Electrician. A person who has the necessary qualifications, training, experience and technical knowledge to plan, lay out or design the installation of electrical wiring or equipment, or to supervise such planning, layout, or design, and who performs or supervises such planning, layout or design, shall for the purpose of this chapter be known as a master electrician.
6. Limited Electrical Installer. A person having the necessary qualifications, training, experience and technical knowledge to install, alter, repair and supervise the installation, alteration or repair of special classes of electrical wiring, apparatus or equipment within categories adopted by the board. Limited electrical installers shall perform work only within the scope of the restricted category for which the person is licensed.
7. Limited Electrical Contractor. Except as provided in section 54-1016, Idaho Code, any person, partnership, company, firm, association or corporation engaging in, conducting or carrying on the business of installing, altering or repairing restricted categories of electrical wiring, apparatus or equipment within categories adopted by the board, or entering into agreements to perform such restricted work, shall for the purpose of this chapter be known as a limited electrical contractor. Limited electrical contractors shall perform work only within the scope of the restricted category for which the contractor is licensed. A limited electrical contractor, prior to being issued a license, shall be required to provide proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of worker’s compensation insurance if applicable.
8. Limited Electrical Installer Trainee. Any person who engages in the installation of restricted categories of electrical wiring, equipment or apparatus under the constant on-the-job supervision of a qualified limited electrical installer shall for the purpose of this chapter be known as a limited electrical installer trainee.
9. Electrical Facility Employer Account or Facility Account. An employer licensed with the division of building safety who employs individuals holding valid journeyman or master electrician licenses to perform alterations, extensions and new installations of electrical systems or components thereof on premises owned by the employer. The employer may also employ maintenance electricians in accordance with section 54-1016, Idaho Code.
10. Provisional Journeyman Electrician. Any person who has met the requirements of section 54-1007(4), Idaho Code, and who wishes to perform the actual physical work of installing electrical wiring or equipment to convey electric current, or apparatus to be operated by such current, while under the constant on-the-job supervision of a qualified journeyman electrician may upon application, for the purposes of this chapter, be known as a provisional journeyman electrician.

§ 54-1005. Rules — Inspections — Electrical permits and fees.

1. The administrator of the division of building safety is hereby authorized and directed to enforce rules consistent with this chapter for the administration of this chapter and to effectuate the purposes thereof, and for the examination and licensing of electrical contractors, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, limited electrical installer trainees and apprentice electricians, and to make inspections of electrical installations referred to in section 54-1001, Idaho Code, and to issue electrical permits covering such installations, and to collect the fees established therefor.
2. The administrator of the division of building safety may make electrical inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable electrical codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in the rules promulgated by the board.
3. Individuals, firms, cooperatives, corporations, or municipalities selling electricity, hereinafter known as the power supplier, shall not connect with or energize any electrical installation, coming under the provisions of this chapter, unless an inspection has been conducted and resulted as “passed” by the administrator, covering the installation to be energized. Electrical installations approved by the board and addressed through administrative rule may be connected and energized by the power supplier after the purchase of an electrical permit by a licensed electrical contractor.
4. It shall be unlawful for any person, partnership, company, firm, association or corporation other than a power supplier to energize any electrical installation coming under the provisions of this chapter prior to the purchase of an electrical permit covering such installation.

§ 54-1007. Issuance of licenses — Reciprocity.

1. The administrator shall issue licenses to such persons as have by examination shown themselves to be fit, competent and qualified to engage in the trade of journeyman electrician, limited electrical installer or master electrician as defined in section 54-1003A, Idaho Code, and to such persons, firms, partnerships, associations or corporations as have shown themselves to be fit, competent and qualified to engage in the business of electrical contracting or limited electrical contracting as defined in section 54-1003A, Idaho Code.
2. An apprentice electrician, as defined in section 54-1003A, Idaho Code, may take the journeyman’s examination if he has completed the required related instruction for electrical apprentices as approved by the Idaho state board for career technical education, completion of which shall be evidenced by a certificate from an approved provider, and has worked the number of hours as prescribed by the Idaho electrical board, provided that for all the time he is claiming to have worked as an apprentice electrician, the apprentice shall have been registered with the division of building safety as an apprentice. The electrical board may, by rule, fix the apprentice registration fee, in an amount not to exceed the costs of issuing apprentice registration certificates and enforcing the apprentice registration provisions of this chapter, and may also by rule establish requirements relative to the manner of registration renewal, verification of employment, the number of instructional hours completed, continuation training and the number of hours worked. An apprentice who has completed the number of instructional hours and has not taken or passed the journeyman’s examination within two (2) years of completion of the instructional training hours shall provide proof of continuation training as set by rule of the electrical board.
3. Any person who has worked as a licensed journeyman for a period of not less than four (4) years and who has worked the number of hours as prescribed by rule of the board as a licensed journeyman electrician shall be considered as qualified to apply for a master electrician’s license in this state. The Idaho electrical board, in establishing by rule the requirements for a master electrician’s license, shall also take into account the applicant’s performance as a journeyman electrician.
4. Notwithstanding subsection (2) of this section, any person who can demonstrate eight (8) years of work experience, defined as a minimum of sixteen thousand (16,000) hours, making electrical installations on the job, shall be considered as qualified to apply for a journeyman electrician’s license in this state.
5. To the extent that other states that provide for the licensing of electricians require qualifications at least equal to those contained in this chapter, the administrator may enter reciprocal agreements with such other states to grant licenses to electricians licensed by such other states. The administrator, on the recommendation of the Idaho electrical board, may grant licenses to electricians licensed by such other states upon payment by the applicant of the required fee and upon furnishing proof to the board that the applicant has qualifications at least equal to those provided herein for applicants for written examinations. Applicants who qualify for a license under this subsection are not required to take a written examination.
6. A provisional journeyman electrician, as defined in section 54-1003A, Idaho Code, may take the journeyman electrician examination. Upon passing the examination, the administrator of the division of building safety shall issue the provisional journeyman electrician a journeyman electrician’s license. [(7)](6) All verification of employment forms submitted by an individual seeking electrical licensing or registration shall be entered into and maintained in the individual’s file by the division of building safety. The division of building safety shall provide the individual with online access to this information.

§ 54-1009. Revocation or suspension of licenses — Hearings — Taking testimony.

1. The administrator shall have power to revoke or suspend any license or registration if the same was obtained through error or fraud, or if the holder thereof is shown to be grossly incompetent, or has willfully violated any of the rules prescribed by the board, or as prescribed in this chapter; or has, after due notice, failed or refused to correct, within the specified time, any electrical installation not in compliance with the provisions of this chapter, or has failed to pay within the time provided, civil penalties which have become final by operation of law.
2. The administrator shall have the power to suspend any electrical contractor or limited electrical contractor license if, at any time during the term of active contractor or limited contractor licensure, the licensee failed to maintain required liability insurance or applicable worker’s compensation insurance.
3. Before any license shall be revoked or suspended, the holder thereof shall have written notice enumerating the charges against him and shall be given a hearing by said administrator, and have an opportunity to produce testimony in his behalf, at a time and place specified in said notice, which time shall not be less than five (5) days after the service thereof.
   1. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code.
   2. Any party aggrieved by the action of the administrator shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
4. The administrator shall have the power to appoint, by an order in writing, a hearing officer to take testimony, who shall have power to administer oaths, issue subpoenas and compel the attendance of witnesses, and the decision of the administrator shall be based on his examination of the testimony taken and the records produced. Any person whose license has been revoked may, after the expiration of one (1) year from the date of such revocation, but not before, apply for a new license.

§ 54-1011, 54-1012. Temporary permits — Rights granted by certificate. [Repealed.]

§ 54-1013. Renewal of licenses or registrations — Inactive licenses.

1. A license or registration once issued under this chapter, unless revoked or suspended as herein provided, may be renewed at any time during the final month of the licensing period on the payment of the renewal fee herein specified, proof of satisfaction of applicable continuing education requirements as established by the electrical board, proof of satisfaction of applicable apprentice and specialty trainee instruction and work requirements as established by the electrical board, and provided that all outstanding civil penalties, and permit or other fees, have been paid in full, and all outstanding correction notices have been satisfactorily resolved. For electrical contractors and specialty electrical contractors, proof of liability insurance in the amount of three hundred thousand dollars ($300,000) shall also be required, and proof of worker’s compensation insurance shall be required if applicable.
2. Any license or registration that has expired may be revived at any time within one (1) year from the last day of the final month of the licensing period, by payment of the revival fee herein specified, together with all outstanding civil penalties, and permit or other fees and penalties, and upon proof that outstanding correction notices have been satisfactorily resolved. For electrical contractors and limited electrical contractors, proof of liability insurance in the amount of three hundred thousand dollars ($300,000) shall also be required, and proof of worker’s compensation insurance shall be required if applicable.
3. Certificates of competency issued prior to July 1, 1961, shall, for the purpose of this chapter, be considered as licenses and may be renewed or revived as herein provided.
4. The administrator may renew, on an inactive basis, the license of an electrical contractor or limited electrical contractor who is not engaged in electrical contracting in this state. The board shall fix and collect an inactive license fee for such an inactive license renewal in an amount not to exceed one hundred fifty dollars ($150). Each inactive license shall be issued for a period of one (1) year. An electrical contractor or limited electrical contractor holding an inactive license may not engage in the practice of electrical contracting or limited electrical contracting in this state. If an electrical contractor or limited electrical contractor wishes to convert his inactive license to an active license, he may do so by paying a processing fee of thirty dollars ($30.00) and providing proof of the required liability insurance and applicable worker’s compensation insurance.

§ 54-1014. Fees.

The administrator of the division of building safety shall charge the following fees:

1. Application for license or registration ...............................  $15.00
2. Six-month licenses:
   1. Provisional journeyman electrician license ............................... $55.00
   2. Provisional journeyman electrician license renewal ............................... 45.00
      1. If a provisional journeyman electrician applies for a journeyman electrician license, the pro rata value of any time remaining on his provisional journeyman electrician license shall be credited toward the application fee for the journeyman electrician license.
3. One-year licenses and registration, in accordance with sections 54-1008 and 54-1013, Idaho Code:
   1. Electrical contractor license ...............................  $125.00
   2. Electrical contractor license renewal ...............................  100.00
   3. Electrical contractor license revival ...............................  125.00
   4. Limited electrical contractor license ...............................  125.00
   5. Limited electrical contractor license renewal ...............................  100.00
   6. Limited electrical contractor license revival ...............................  125.00
   7. Facility account license ...............................  125.00
   8. Apprentice electrician registration ...............................  15.00
   9. At the time the apprentice applies for a journeyman electrician license, the pro rata value of any remaining time on an apprentice electrician working license shall be credited toward the purchase of the journeyman electrician license.
      1. Apprentice electrician registration renewal ...............................  15.00
   10. Apprentice electrician registration revival ...............................  15.00
4. Three-year licenses and registration, in accordance with sections 54-1008 and 54-1013, Idaho Code:
   1. Master electrician license ...............................  $65.00
   2. Master electrician license renewal ...............................  45.00
   3. Master electrician license revival ...............................  55.00
   4. Journeyman electrician license ...............................  55.00
   5. Journeyman electrician license renewal ...............................  45.00
   6. Journeyman electrician license revival ...............................  55.00
   7. Limited electrical installer license ...............................  55.00
   8. Limited electrical installer license renewal ...............................  45.00
   9. Limited electrical installer license revival ...............................  55.00
   10. Limited electrical installer trainee registration ...............................  30.00
       1. At the time the limited electrical installer trainee applies for a limited electrical installer license, the pro rata value of any remaining time on a limited electrical installer trainee working license shall be credited toward the purchase of the limited electrical installer license.
   11. Limited electrical installer trainee registration renewal ...............................  25.00
   12. Limited electrical installer trainee registration revival ...............................  30.00

§ 54-1015. Electrical board fund established.

All money received by the administrator, under the terms and provisions of this chapter, shall be paid into the state treasury as directed by the provisions of section 59-1014, Idaho Code, and shall be, by the state treasurer, placed to the credit of a dedicated fund to be known as the electrical board fund and all such moneys, hereafter placed in said fund, are hereby set aside and appropriated to the division of building safety to carry into effect the provisions of this chapter.

§ 54-1016. Exemptions.

1. Nothing in this chapter shall be deemed to apply to:
   1. Any regulated utility, telephone company, rural telephone cooperative or municipal communications utility, or its employees, in the installation or maintenance of communication circuits, wires and apparatus by or for such entities or their communications service customers;
   2. Any electrical public utility, or its employees, in the installation and maintenance of electrical wiring, circuits, apparatus and equipment by or for such public utility, or comprising a part of its plants, lines or system;
   3. Modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.
2. The licensing provisions of this chapter shall not apply to:
   1. Any property owner performing noncommercial electrical work in the owner’s primary or secondary residence, or associated outbuildings or land associated with the entire property on which those buildings sit, except that homeowner installations of renewable power generation connected to the community power grid shall be subject to a pre-plan review in accordance with local jurisdictions’ policies and procedures prior to the purchase of a permit;
   2. Any person regularly employed as a maintenance electrician performing electrical maintenance work on the premises owned and operated by his employer, provided that electrical work is limited to maintenance and replacement of electrical fixtures, electrical conductors, electrical equipment and electrical apparatus on a like-for-like basis;
   3. Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the telephone company, rural telephone cooperative, or municipal communications utility;
   4. Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing repair work on customer-owned facilities at the request of the customer;
   5. Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the electrical public utility, rural electrical cooperative, or municipal power utility; and
   6. Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing emergency repair work on customer-owned facilities at the request of the customer.
3. The licensing provisions of this chapter shall not apply to individuals licensed pursuant to chapter 50, title 54, Idaho Code, or certificated pursuant to chapter 26, title 54, Idaho Code, as follows:
   1. Individuals holding a current heating, ventilation and air conditioning (HVAC) license or a current plumbing certification may install electrical circuitry and make connections from the disconnecting means to a water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long. (b) Individuals holding a current HVAC license may install:
      1. Electrical space heaters with no attached ductwork;
      2. Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and
      3. Ventilating fans, except ducted range hoods in residences.
4. To the extent that a plumbing or HVAC installation permit issued by the Idaho division of building safety includes any part of an electrical installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid.
5. Approval and certification requirements of product and equipment as set forth in this chapter and in the adopted edition of the national electrical code do not apply to industrial machinery unless the board has made a determination that such product, machine or classes of products and machines present an undue hazard to life and property.
6. Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of electrical installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed journeyman electrician, and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements.

(c) HVAC licensees may install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity. Plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage.

(d) Individuals holding a current limited energy electrical license may install electrical circuitry and make connections from utilization equipment installed under the restricted category of the limited electrical installer license to outlets, as long as those outlets are in sight from such utilization equipment and not more than fifty (50) feet from such utilization equipment. Outlets shall be installed by others.

§ 54-1017. Violations of act a misdemeanor.

Any person, partnership, company, firm, association or corporation who shall engage in the trade, business or calling of an electrical contractor, journeyman electrician, master electrician, limited electrical installer, limited electrical contractor, limited electrical installer trainee or apprentice electrician without a license or required registration as provided for by this act, or who shall violate any of the provisions of this act, or the rules of the Idaho electrical board or of the administrator of the division of building safety herein provided for, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator shall be guilty of a misdemeanor and shall be subject to the civil penalties established by administrative rule but not to exceed one thousand dollars ($1,000). Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the first violation.

§ 54-1018. Separability.

If any clause, sentence, section, provision or part of this act shall be adjudged to be unconstitutional or invalid for any reason, by any court of competent jurisdiction, such judgment shall not impair, affect or invalidate the remainder of this act which shall remain in full force and effect thereafter.

§ 54-1019. Qualifications of inspectors.

The administrator of the division of building safety shall appoint the number of deputy electrical inspectors as may be required for the effective enforcement of the provisions of this chapter. All inspectors shall be skilled in electrical installations with not less than four (4) years of actual experience as a journeyman or master electrician, shall possess journeyman or master electrician licenses in the state of Idaho prior to appointment and shall be fully familiar with the provisions of this chapter and rules made both by the administrator and the Idaho electrical board. No inspector employed by the division of building safety and assigned to the enforcement of the provisions of this chapter shall be engaged or financially interested in an electrical business, trade, practice or work, or the sale of any supplies connected therewith, nor shall he act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation so engaged. Inspectors employed by municipalities electing to claim exemption under this chapter must possess the qualifications set forth in this section. Inspectors employed by the division of building safety shall take and pass, before the end of their probationary period, a general inspector’s test approved by the Idaho electrical board. Inspectors shall be required to participate in continuous education training as directed by the Idaho electrical board and administered by the division of building safety. The board may also promulgate rules relative to the applicability of this provision to existing electrical inspectors with permanent status in the division.

§ 54-1020. Specialty electricians — Examination and licensing — Rules

Licensure authority exclusive to the state. [Null and void.]

§ 54-1101. Public interest and concern in disposition of human bodies.

The practice and processes involved in processing and making final disposition of human bodies is hereby declared to affect the public interest, health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the processes involved in preparing and making final disposition of human bodies should be so controlled as to protect the public interest and merit the confidence of the public, and to that end that only qualified persons be permitted to practice such acts in the state of Idaho. This act shall be liberally construed to carry out these objects and purposes.

§ 54-1102. Definitions.

As used in this act:

1. “Board” means the state board of morticians of the state of Idaho or any successor thereof.
2. “Bureau chief” means the chief of the bureau of occupational licenses.
3. “Burial” means the interment or entombment of dead human bodies in any manner.
4. “Cremains” means human remains after cremation.
5. “Cremation” means the reduction of the body of a deceased person to cremated remains in a crematory.
6. “Crematory” means a building or structure containing one (1) or more retorts for the reduction of bodies of deceased persons to cremated remains.
7. “Columbarium” means a structure, room or other space in a building or structure containing niches for permanent inurnment of cremains.
8. “Department” means the department of self-governing agencies of the state of Idaho.
9. “Embalming” means the disinfecting, preparing or preserving for final disposition of dead human bodies, in whole or in part, or any attempt to do so, by the use or application of chemical substances, fluids or gases on the body, or by the introduction of the same into the body by vascular or hypodermic injection or by direct introduction into organs or cavities, or by any other method or process.
10. “Establishment” means any funeral establishment or crematory establishment regulated by the board of morticians.
11. “Funeral director” means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
    1. Directing or supervising the burial, cremation or disposal of dead human bodies.
    2. Arranging for funeral services for dead human bodies.
    3. Selling funeral goods and services to the public.
    4. Conducting, directing or supervising a funeral service.
12. “Funeral director license” means a yearly license issued by the board to act as a funeral director and perform funeral director services as defined in this chapter.
13. “Funeral director services” means the services of a funeral director defined in subsection (11) of this section. Funeral director services do not include embalming.
14. “Funeral establishment” means a place of business at a specific street address or location devoted to the embalming and care and preparation for burial or disposal of dead human bodies including all portions of such business premises and all tools, instruments and supplies used in the preparation and embalming of dead human bodies for burial or disposal, and including any chapel or other facility in which funeral or other religious services may be conducted.
15. “Funeral establishment license” means a yearly license issued by the board authorizing the licensee to conduct a funeral establishment as defined in this chapter.
16. “Funeral services” means any funeral or religious service conducted in connection with, or preparatory to, the burial or disposal of a dead human body.
17. “Funeral supplies” means caskets, vaults, burial receptacles and any other personal property sold for use in the burial or disposal of a human body.
18. “Human remains” means the body of a deceased person in any condition or state of decomposition including cremated remains. (19) “Mortician” means any person engaged in or conducting, or holding himself out as engaged in or conducting, any of the following activities:
    1. Caring for or preparing dead human bodies for burial, cremation or disposal.
    2. Disinfecting or preparing dead human bodies by embalming, or otherwise, for funeral service, transportation, burial, cremation or disposal.
    3. Directing or supervising the burial, cremation or disposal of dead human bodies.
    4. Arranging for funeral services for dead human bodies.
    5. Selling funeral goods and services to the public.
    6. Conducting, directing or supervising a funeral service.

(20) “Mortician license” means a yearly license issued by the board to act as a mortician and perform mortician services as defined in this chapter.

(21) “Mortician services” means the services of a mortician defined in subsection (19) of this section.

(22) “Resident trainee” means a person who is engaged in preparing to become licensed as a mortician or funeral director, and who practices under the direct and immediate personal supervision of a licensed mortician pursuant to rules adopted by the board.

(23) “Resident trainee license” means a yearly license issued by the board to act as a licensed resident trainee and perform services under the direct personal supervision of a licensed mortician as defined in this chapter.

§ 54-1103. Persons required to have licenses.

1. It shall be unlawful for any person to perform, offer to perform or hold himself out as performing mortician services or any of the acts of a mortician, unless he shall first obtain a mortician license or resident trainee license as provided in this chapter; and it shall be unlawful for a licensed resident trainee to perform mortician services or any of the acts of a mortician except under the personal supervision of a resident mortician licensed under this chapter.
2. It shall be unlawful for any person to perform, offer to perform or hold himself out as performing funeral director services unless he has a funeral director license or resident trainee license as provided in this chapter.
3. It shall be unlawful for any person to operate a funeral establishment or crematory without first obtaining the valid establishment licenses as provided in this chapter.

§ 54-1108. Examination of applicants for license — Subjects — Certification of results.

The board of morticians shall have the sole power for determining the nature, type and extent of examinations to be taken by applicants for a license. Examinations for mortician applicants shall include generally the following subjects: anatomy, chemistry, physiology, psychology, sanitary science, the care, disinfection, preservation, transportation of and burial, or other final disposition of dead human bodies, and the laws and rules of the state of Idaho. Examinations for funeral director applicants shall include generally the following subjects: sociology, psychology, funeral directing, business law, funeral service law, funeral service merchandising, accounting, computers, and the laws and rules of the state of Idaho. The board shall determine whether the applicant has passed or failed such examination. Examinations may be written or as determined at the discretion of the board, and shall be held at such times and at such places within the state of Idaho as determined by the board of morticians. National conference examinations, passed at an accredited embalming college, may be accepted by the board. Upon the conclusion of grading the above examinations, the board of morticians shall certify the results listing each applicant as having failed or passed the examination, and such determination shall not be subject to review.

§ 54-1111. Requirements for establishment license — Cancellation — Records — Operation by legal representative of estate.

1. The board shall issue a funeral establishment license or crematory establishment license to any person, partnership, association, corporation or other organization, to operate at specific locations only, which has met the following requirements:
   1. That the applicant, if an individual, is a licensed mortician or funeral director under this chapter and is a resident of the state of Idaho.
   2. That the applicant has not been refused a license as a mortician or funeral director or its equivalent, or as an establishment or its equivalent, or had a personal or establishment license revoked in Idaho or in any other state.
   3. That the applicant has designated the name under which the establishment will operate and has designated a location for which the establishment license is to be issued.
   4. That the applicant has at least one (1) mortician licensed under this chapter who is a resident of the state of Idaho and who is, and will be, in the employ or service of the establishment.
   5. That the applicant has filed an application and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. No establishment license shall be transferable, but an applicant may make application for more than one (1) establishment license as long as all of the requirements are met for each license.
   6. That the applicant for a crematory establishment license holds a current funeral establishment license in the state of Idaho.
2. All applications for establishment licenses shall be in writing and shall contain the name of the applicant, the address and location of the establishment, and a description of the type of structure and equipment to be used in the operation of the establishment and such further information as may be required by the board to ensure the safe and sanitary operation of the establishment.
3. The mortician responsible for the operation of an establishment shall maintain such records affecting the handling, custody, care, processing or transportation of human remains as may be required by the laws and rules of the state of Idaho and the board for all human remains received, prepared, cremated or otherwise disposed of by the establishment.
4. In the event a licensed establishment ceases to have a resident full-time licensed mortician in its employ at its place of business, the licensed establishment must replace the full-time licensed mortician within ninety (90) days, or its license shall be canceled. This subsection shall not permit an unlicensed person to perform mortician services. The board may for good cause extend the time a licensed establishment has to replace a resident full-time licensed mortician.

§ 54-1112. Requirements for resident trainee license.

The board shall issue to any person a resident trainee license to practice as a resident trainee and perform services at a particular establishment under the personal supervision of a specified licensed mortician within the state of Idaho who has complied with and fulfilled all of the following requirements:

1. Has attained the age of eighteen (18) years, and is a resident of the state of Idaho.
2. Is of good moral character.
3. Has graduated from an accredited high school or has received an equivalent education as determined by the standards set and established by the state board of education.
4. Has filed an application with the board as required by this chapter and paid the required filing fee. Provided further, that the board shall make the determination of qualifications of all applicants within a reasonable time after the filing of an application with the board. Provided further, no person shall be eligible to be licensed as a resident trainee for a total cumulative period of more than three (3) years in the state of Idaho unless approved by the board for good cause. The three (3) year limitation includes all time practicing as a resident trainee or apprentice for a mortician license, funeral director license, or both.

§ 54-1113. Application for license — Form and contents — Certified copies of documents showing qualifications.

All applications for all licenses to be issued under the provisions of this act shall be filed with the board, together with the required filing fee, upon such forms as prescribed by the board of morticians, and shall contain statements of facts relating to each of the qualifications prescribed in this act for which the license is sought as well as any other information specified by the board of morticians. The board may require, as part of the application, certified copies of documents showing compliance with the requirements for the license sought by the application, including but not limited to certified copies of diplomas or graduation certificates from high schools, colleges and embalming colleges, certified copies of birth certificates, and certified copies of articles of incorporation. The application shall also list and describe the location of court records of any felony of which the applicant has been convicted in a court of law. All applications shall be signed by the applicant who shall verify the contents thereof under oath. All applications shall remain with the board and be a permanent record in that office.

Applications for the renewal of licenses shall be in such abbreviated form as prescribed by the board and shall require any information specified by the board of morticians.

§ 54-1114. Eligibility of embalmers for mortician’s license

Eligibility of registered apprentices for resident trainee license. [Repealed.]

§ 54-1115. License fees.

Any fee required pursuant to this chapter, including fees for original licenses, examinations, annual renewals, and certificates, shall be set by board rule. All fees shall be paid to the bureau of occupational licenses.

§ 54-1115A. Annual renewal — Reinstatement.

All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. In the event a licensee fails to renew a license as provided, the reinstatement fee shall be two hundred fifty dollars ($250).

§ 54-1116. Denial, suspension, or revocation of licenses — Grounds — Probation.

The board may refuse to issue or may refuse to renew or may suspend or may revoke any license, or may place the holder thereof on a term of probation, after proper hearing, upon finding that the holder of such license committed or is subject to any of the following acts or omissions:

1. Conviction of a crime that reflects upon the qualifications, functions, or duties of the respective license. [that is deemed relevant in accordance with section 67-9411(1), Idaho Code]
2. Unprofessional conduct, which is hereby defined to include:
   1. Misrepresentation or fraud in the conduct of mortician or funeral director services;
   2. False or misleading advertising as the holder of a license for the practice of mortician or funeral director services; advertising or using the name of a person who is not an employee of the establishment in connection with that of any establishment;
   3. Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs before death or after death; provided, that this shall not be deemed to prohibit general advertising;
   4. Employment by the licensee of persons known as “cappers,” or “steerers,” or “solicitors,” or other such persons to solicit or obtain agreements with the public for the performance of mortician services;
   5. Employment, directly or indirectly, of any resident trainee, agent, assistant, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular mortician, funeral director or establishment;
   6. The direct or indirect payment, or offer of payment, of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business;
   7. Gross immorality;
   8. Aiding or abetting an unlicensed person to practice mortician or funeral director services;
   9. Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of;
   10. Violation of any of the provisions of this chapter;
   11. Violation of any state law, or municipal or county ordinance, or rule authorized under this chapter affecting the handling, custody, care, processing or transportation of dead human bodies;
   12. Fraud or misrepresentation in obtaining or renewing a license;
   13. Refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody thereof;
   14. Solicitation or acceptance, directly or indirectly, of a request, before need, for an agreement to provide mortician services or funeral supplies at a price less than that offered by such person to others at time of need;
   15. Violation of any statutes of any state having to do with prearrangement or prefinancing of mortician services or funeral supplies; and (p) Failing an inspection conducted by the board or the board’s agent.

§ 54-1118. Sending body to an establishment without inquiry prohibited — Exceptions — Anatomical gifts — Authority regarding disposition.

1. It shall be unlawful for any public officer or employee, an official of any public institution, any physician or surgeon, or any other person who had a professional relationship with any decedent to send or cause to be sent to any establishment or mortician the remains of any deceased person without having first made due inquiry as to the desires of the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code.
2. No company, corporation or association engaged in the business of paying, or providing for the payment, of the expenses for mortician services or funeral supplies, or engaged in the business of providing insurance upon the life of any person for the payment of such expenses upon his death, shall pay any such insurance or benefits to any mortician, funeral director, establishment, or other person in any manner which might or could deprive the decedent as expressed in any prearranged funeral plan as set forth in section 54-1139, Idaho Code, or of the person authorized to direct disposition of the remains under section 54-1142, Idaho Code, from directing the method, manner and arrangements for the disposition of the remains.

No person licensed under this chapter or anyone acting on behalf of a licensee shall participate in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a mortician or an establishment to perform the burial or disposal of a human body, except where the body or a part thereof is given for anatomical purposes.

Nothing herein contained shall be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased.

§ 54-1119. Authority of department of health and welfare to control handling of dead bodies — Rules and regulations.

The department of health and welfare shall have the jurisdiction to regulate, control and supervise the preservation, embalming, handling, transportation and burial or disposal of all dead human bodies and all methods preparatory thereto; and that said department is hereby authorized to make and enforce such rules and regulations relating thereto as in its opinion are necessary to preserve and protect the public health.

§ 54-1120. Receiving body for transportation outside state without permit prohibited — Cremation and removal of human remains.

It shall be unlawful for any public transportation agent of any public transportation facility to receive a dead human body for shipment or transportation by any means of transportation or conveyance to or from any point in this state, or to a point outside this state, unless said embalmed human body is accompanied by a permit for final disposition signed by the individual authorized by law to certify the cause of death. Human remains shall not be delivered to a crematory or removed from the casket or other container without the written consent of the person giving the consent to the cremation of the body.

§ 54-1121. Accounting procedure — Income and expenses.

All income and expenses received or incurred under the provisions of this act shall be itemized, validated, and audited and allowed by the chief of the bureau of occupational licenses.

§ 54-1122 — 54-1125. Advanced funeral agreements — Terms and conditions — Definitions — Trust obligations — Records and reports. [Repealed.]

§ 54-1126. Judicial review of board’s decisions. [Repealed.]

§ 54-1127. Injunction against violations of act — Venue.

The attorney general of the state of Idaho, the board, or any resident citizen may maintain an action in equity in their name or in the name of the state of Idaho to perpetually enjoin any person from persisting in the doing of any acts constituting a violation of this act or in failing to do any acts required by this act. Such action shall be brought in the district court of the county in which such acts or omissions, or some of them, are claimed to have been or are being committed, by filing a verified complaint. The court, or a judge thereof at chambers if satisfied from such complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ, without notice or bond, enjoining the defendant from the commission of any such act or acts pending further hearing of the cause. The cause shall then proceed as in other cases for injunction.

§ 54-1128. Violations constituting misdemeanors — Exceptions — Enforcement.

Any person who knowingly violates any provision of this chapter, or any licensee under this chapter who shall commit an act of unprofessional conduct as defined and designated under the provisions of subsection (2) of section 54-1116, Idaho Code, except paragraphs (g), (i), and (p) thereof, shall be guilty of a misdemeanor unless such conduct is punishable as a felony elsewhere under the law. It shall be the duty of the board of morticians to see that the provisions of this chapter are properly administered and enforced throughout the state, and all peace officers and prosecuting attorneys shall aid in their several capacities in discharge of these duties.

§ 54-1129. Declaration of intent.

It is the purpose of sections 54-1129 through 54-1138, Idaho Code, to provide for the certification of licensed funeral establishments selling or offering for sale prearrangement sales contracts, to provide for the creation and administration of prearrangement sales contract trust funds to assure funds for the performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral and cemetery merchandise and funeral and cemetery services, and to provide for the disbursement and allocation of trust funds upon the certified seller’s performance of its contractual obligations. The sections of Idaho Code specified herein shall not affect the provisions of sections 54-1101 through 54-1121 and sections 54-1127 and 54-1128, Idaho Code.

§ 54-1130. Scope and exceptions.

1. Sections 54-1129 through 54-1138, Idaho Code, apply to all establishments that sell or offer for sale prepaid funeral or cemetery merchandise or services.
2. Sections 54-1133, 54-1134 and 54-1135, Idaho Code, do not apply to:
   1. Agreements to sell or sales made for rights of interment or entombment in a cemetery section, lawn crypt section, mausoleum or columbarium that are in existence at the time of initial payment on the contract; or
   2. Agreements to sell or sales made for monuments and grave markers that will be delivered and installed upon performance of payment.

§ 54-1131. Definitions.

As used in sections 54-1132 through 54-1143, Idaho Code:

1. “Beneficiary” means the person who is to receive the funeral or cemetery merchandise or funeral or cemetery services.
2. “Certified seller” means any licensed funeral establishment that holds a certificate of registration or that is registered to sell or offer for sale prearrangement sales contracts.
3. “Funeral or cemetery merchandise” means personal property normally and customarily sold by funeral establishments, cemeteries, and crematory establishments including, but not limited to, caskets or other primary containers, burial vaults, casket-vaults, grave liners, funeral clothing or accessories, monuments, grave markers and cremation urns. It shall include:
   1. Merchandise identified for the purchaser or the beneficiary to be manufactured for future delivery and use.
   2. Merchandise that has been manufactured and held by the manufacturer for future delivery and use.
   3. Merchandise that has been manufactured and delivered to and in the possession of the seller, who has placed it, until needed, in storage.
4. “Funeral or cemetery services” means those services normally and customarily performed by a funeral service practitioner, mortician, funeral establishment, cemetery or crematory establishment in conjunction with funeral or memorial services, interment, entombment or cremation.
5. “Guaranteed contract” means a written prearrangement sales contract that guarantees the beneficiary funeral or cemetery services or funeral or cemetery merchandise contained in the contract and under which no charges other than the sales price contained in the contract shall be required upon delivery of the merchandise or performance of the funeral and cemetery services.
6. “Nonguaranteed contract” means a written prearrangement sales contract that does not guarantee the beneficiary any specific funeral or cemetery merchandise or services. Any funds paid under this contract are only a deposit to be applied toward the final cost of the funeral or cemetery merchandise or services.
7. “Prepaid prearrangement sale or prearrangement sales contract” means any sale, other than a contract of life insurance entered into by an insurance company, that has as its purpose the furnishing of funeral or cemetery merchandise or funeral or cemetery services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time.
8. “Primary container” means a casket, rental casket, casket-vault, chapel-vault or other container that serves as the repository for dead human remains.
9. “Public cemetery” means a cemetery owned and operated by a cemetery district organized under Idaho law, or by a municipal corporation or political subdivision of the state of Idaho.
10. “Purchaser” means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract with a certified person under which any payment or payments made under the contract are required to be deposited in trust.
11. “Secondary container” means a vault, grave liner, urn or other container purchased by the buyer for a burial or required by the cemetery that will be the repository for the primary container. (12) “Trustee” means any bank, trust company or savings institution authorized to do business in the state of Idaho where accounts are insured with the federal deposit insurance corporation, the federal savings and loan insurance corporation or other similar agency of the United States government.

§ 54-1132. Certificate of authority — Requirements — Display of certificate.

1. Effective July 1, 2021, no licensed funeral establishment may sell a prepaid contract or provide funeral or cemetery merchandise or funeral or cemetery services pursuant to a prepaid contract without first obtaining a valid certificate of authority. The holder of the funeral establishment license shall be responsible for the certificate of authority and any agent of the establishment who operates under the certificate of authority.
2. A certificate of authority for public cemeteries shall be issued by the governing board, city council or board of county commissioners having overall supervision and control of the cemetery. A certificate of authority for privately owned cemeteries shall be issued by the Idaho board of cemeterians. A certificate of authority for funeral establishments licensed under chapter 11, title 54, Idaho Code, shall be issued by the state board of morticians and shall be renewed annually at the same time as the funeral establishment license is renewed.
3. A licensed funeral establishment seeking to obtain a certificate of authority must submit a statement that includes the following:
   1. The types of prepaid contracts to be written;
   2. The name and address of the place of business of the licensed funeral establishment; and
   3. Any information deemed necessary by the certificating authority to show compliance with section 54-1116, Idaho Code.
4. Upon issuance, the certificate of authority shall be posted conspicuously in the licensed funeral establishment.
5. The agent of any licensed funeral establishment holding a certificate shall present a copy of the certificate to the purchaser before engaging in the activity of selling a prearrangement sales contract.
6. A licensed mortician or licensed funeral director shall designate the licensed funeral establishment that shall be responsible to provide any funeral or cemetery merchandise or funeral or cemetery services under prearrangement sales.
7. The licensed funeral establishment designated as responsible to provide the merchandise and services under a prearrangement sales contract shall maintain all contracts and documents associated with any prearrangement sales.

§ 54-1133. Form and content of contract — Price disclosure.

1. Each contract shall be written in clear, understandable language and shall be printed or typed in an easy-to-read font, size, and style.
2. Each contract shall identify the seller, the certificate of authority number the certified seller is working under, purchaser, and the beneficiary if other than the purchaser.
3. Each contract shall specify the services and/or merchandise to be provided, as well as a statement of the law regarding substitution as provided in section 54-1137, Idaho Code.
4. Each contract shall set forth the purchase price and the terms under which it is to be paid.
5. Each contract shall conform to other state or federal regulations, including price disclosure. It is the contract seller’s duty to comply with such regulations.
6. Each contract shall state clearly whether it is a guaranteed price contract or a nonguaranteed price contract.
7. Each contract shall state clearly whether it is a revocable or nonrevocable trust.
8. Each contract shall state the amount of money to be placed in trust and the name of the trustee, but the contract may provide that the certified seller may designate a new trustee to obtain higher interest earnings on the trust funds.
9. Each contract shall explain the disposition of the interest and include a statement of the fees, expenses and taxes that may be deducted from the interest pursuant to section 54-1134, Idaho Code, and a statement of the purchaser’s responsibility for taxes owed on the interest.
10. Each contract shall explain the purchaser’s cancellation rights pursuant to section 54-1135, Idaho Code.

§ 54-1134. Prearrangement trust fund deposits.

1. Within ten (10) business days of receipt, funds received by the certified seller in payments of the prepaid contract shall be deposited in trust as follows:
   1. Fifty percent (50%) of the amount received in payment for a marker, monument or secondary container shall be deposited with the trustee to be held in trust; provided however, the first fifty percent (50%) of the fifty percent (50%), or twenty-five percent (25%) of the total, may be collected, accounted for and applied to the certified seller’s cost of purchase with the remainder to be deposited in trust. No amount need be held in trust for those items that are fully purchased by the certified seller and stored for the purchaser at the certified seller’s expense in a bonded warehouse.
   2. Upon the sale of all other funeral or cemetery merchandise or services, there shall be deposited in trust the amount of eighty-five percent (85%) of the amounts received.
2. Funds deposited in trust shall be identified in the records of the trustee by the name of the purchaser and beneficiary, and adequate records shall be maintained to allocate all earnings to each prearrangement sales contract. Nothing shall prevent the trustee from commingling the deposits in any such trust fund account for purposes of managing and investing the funds. A common trust fund account shall be identified by the name of the trustee.
3. The certificating authority shall, as often as it deems reasonably necessary, examine the trust account, records, documents, and contracts. No less than annually, each certificating authority is required to file a certified audit report for each of its sellers, revealing the total amount of agreements or contracts executed by the seller during the preceding year, the total value of said contracts or agreements, the amount of money collected and paid in trust pursuant to said contracts or agreements, and the name of the trustee.
4. The interest income from the trust on all contracts may be used to pay reasonable trustee fees and administrative expenses incurred in the administration of the trust and taxes. The certificating authority shall, by rule, establish a limit on the amount of fees and expenses that may be deducted from the interest income, and the trustee shall not exceed said limit.
5. At the time of providing the services and/or merchandise, any interest income remaining after payment of trustee fees, administrative expenses and taxes shall be disbursed as follows:
   1. On a guaranteed-price prepaid contract, to the seller.
   2. On a nonguaranteed-price prepaid contract, to the purchaser or the purchaser’s estate.
6. Any certified seller engaging in prearrangement sales that enters into a combination sale that involves the sale of items subject to trust and any item not subject to trust shall be prohibited from increasing the sales price of those items not subject to trust with the purpose of allocating a lesser sales price to items that require a trust deposit.

§ 54-1135. Cancellation of contract — Refund of trust deposits.

1. At any time prior to the death of the beneficiary under a revocable prearrangement sales contract trust, the purchaser may cancel the contract and be entitled to a refund of all payments made, plus accrued interest thereon, less reasonable administrative expenses and taxes incurred in the operation of the trust.
2. Prearrangement sales contracts which are irrevocable pursuant to the terms of such contract shall not be cancellable by the purchaser or by the beneficiary.

§ 54-1136. Solicitation — Limitations.

1. The right of a certified seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited.
2. Advertising and marketing of prearrangement sales contracts is permitted provided that:
   1. The certified seller and its agents clearly identify themselves and their product.
   2. The certified seller and its agents show the certificate of authority as provided in section 54-1132, Idaho Code. If the marketing is by telephone, the certified seller and its agents must disclose the certificate of authority.
3. Advertising and marketing of prearrangement sales contracts is permitted provided that any contract seller shall not:
   1. Directly or indirectly call upon or employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, or similar institutions for the purpose of soliciting prepaid contracts for making funeral or cemetery or final disposition arrangements without first having been specifically requested to do so by such person or by his next of kin.
   2. Solicit for dead human bodies for the purpose of providing funeral or cemetery services, final disposition, or cemetery or funeral merchandise when such solicitation occurs where death is reasonably pending or after death.
   3. Solicit or accept or pay any consideration for recommending specified persons to cause a dead human body to be provided funeral or cemetery services or funeral or cemetery merchandise, or the services of a crematory, mausoleum, or cemetery, except where such arrangement is subject to a prepaid contract.
   4. Be involved in solicitation that comprises an uninvited invasion of personal privacy at the personal residence of a person, unless the solicitation has been previously and expressly requested by the person solicited.

§ 54-1137. Substitutions — Merchandise, services or provider.

1. If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship.
2. The evaluation of quality shall be based on objective criteria.
3. The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section.
4. If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.

§ 54-1138. Enforcement penalty — Disclosure of contracts upon sale of business.

1. Sections 54-1129 through 54-1143, Idaho Code, shall be enforced by the Idaho state board of morticians or by the Idaho state board of cemeterians, depending upon whether the seller is a mortician/funeral director or cemeterian, who shall have authority to promulgate rules to enforce the provisions.
2. Any person violating the provisions of sections 54-1129 through 54-1143, Idaho Code, shall be guilty of a misdemeanor unless such act is punishable as a felony elsewhere under law.
3. No funeral service or funeral merchandise provider, be it funeral home or cemetery or third party seller, shall go out of business or sell a substantial part or all of its assets to any other person or firm without first disclosing the full particulars of all prearrangement sales contracts entered into by such seller, including the date of such contract, the purchaser thereof, the beneficiary, the amount of the trust, the name and location of trustee, and the merchandise or services to be provided under the terms of the contract.

§ 54-1139. Instructions for disposition of person’s remains.

1. A person may provide written instructions as part of a prearranged funeral plan for disposition of the person’s remains by any lawful means. The person shall execute the prearranged funeral plan, containing the instructions, as provided in section 54-1133, Idaho Code.
2. As used in this section, “prearranged funeral plan” means a plan:
   1. For the final disposition of a person’s remains; and
   2. That has been funded in advance of the death of the person leaving instructions for the disposition of that person’s remains.
3. A person, as part of a prearranged funeral plan, shall have the authority to sign all necessary or required forms, authorizations or agreements pertaining to the disposition of his remains including, but not limited to, a cremation authorization form.
4. A person, as part of a prearranged funeral plan, may designate a person to make decisions regarding any substitutions under section 54-1137, Idaho Code.
5. To the extent any provisions relating to the disposition of a person’s remains are not clearly covered in a prearranged funeral plan, then the provisions of section 54-1142, Idaho Code, shall apply. The mere ownership of a burial plot, with or without a headstone or marker, does not constitute a prearranged funeral plan.

§ 54-1140. Person’s directions to be followed — Exception.

Unless a compelling public interest makes it impossible to comply with a person’s direction as provided in section 54-1139, Idaho Code, the remains of a person must be disposed of as instructed in such instrument.

§ 54-1141. Survivor’s services.

The provisions of sections 54-1140 and 54-1142, Idaho Code, shall not prevent the deceased person’s survivors from, at their own expense, pursuing alternate meaningful services and making arrangements for funeral services that do not conflict with the deceased’s instructions for disposition.

§ 54-1142. Authority in absence of or uncovered provisions in a prearranged funeral plan.

1. If the decedent has not made a prearranged funeral plan as set forth in section 54-1139, Idaho Code, or to the extent any provisions relating to the disposition of the person’s remains are not clearly covered in a prearranged funeral plan, the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan vests in, and devolves upon the following in the order named:
   1. The person designated in a written document executed by the decedent and acknowledged in the same manner as required for instruments conveying real property, and subject to such limitations, restrictions, or directions, as may be set forth in such document or, the person designated by the decedent as authorized to direct disposition as listed on the decedent’s United States department of defense record of emergency data, DD form 93, or its successor form, if the decedent died while serving in military service as described in 10 U.S.C. 1481(a)(1) through (8) in any branch of the United States armed forces, United States reserve forces or national guard;
   2. The person designated as agent under a durable power of attorney for health care executed by the decedent, unless such durable power of attorney for health care contains express and clear language denying such right;
   3. The person designated in a durable power of attorney executed by the decedent, if such power of attorney contains express and clear language granting such right to the agent named in such power of attorney;
   4. The competent surviving spouse of the decedent;
   5. A majority of the competent surviving adult children of the decedent, provided that less than one-half (1/2) of the competent surviving adult children shall be vested with the right to control the disposition of the remains of the decedent if they have used reasonable efforts to notify all other competent surviving adult children of their instructions to dispose of the decedent’s remains and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all competent surviving adult children;
   6. The competent surviving parents or parent of the decedent, provided that if one (1) of the competent surviving parents is absent, the remaining competent surviving parent shall be vested with the right to control the disposition of the remains of the decedent after reasonable efforts have been made and are unsuccessful in locating the absent competent surviving parent;
   7. The person appointed by a court of competent jurisdiction as the personal representative or administrator of the estate of the decedent;
   8. The person nominated as the personal representative of the estate of the decedent in the will of the decedent;
   9. The competent adult person or persons entitled to inherit from the decedent under the intestate succession laws of the state of Idaho, respectively in the next degree of kinship, provided that if there is more than one (1) competent surviving adult person of the same degree of kinship, the majority of those persons, and provided further that less than the majority of competent surviving adult persons of the same degree of kinship shall be vested with the right to control the disposition of the remains of the decedent if those persons have used reasonable efforts to notify all other competent surviving adult persons of the same degree of kinship of their instructions to dispose of the decedent’s remains and are not aware of any opposition to those instructions on the part of one-half (1/2) or more of all competent surviving adult persons of the same degree of kinship; (j) If the persons listed above fail to exercise their right to dispose of the remains of the deceased person within forty (40) days of the death of the deceased person, the person acting as guardian of the ward at the time of the ward’s death, or if no guardian was then acting, the person acting as conservator of the protected person at the time of the protected person’s death, has the authority to dispose of the deceased person’s remains, including cremation of the remains.
2. If any person to whom the right of control has vested pursuant to the foregoing has been charged with first or second degree murder or voluntary manslaughter in connection with the decedent’s death, and those charges are known to the funeral director or cemetery authority, the right of control is relinquished and passed on to the next qualifying person as listed above as if the charged person did not exist; provided however, that if the charges against such person are dropped, or if such person is acquitted of the charges, the right of control is returned to the person.
3. For purposes of this section:
   1. “Adult” means an individual who is eighteen (18) years of age or older;
   2. “Child” means a natural or adopted child of the decedent;
   3. “Competent” means the individual has not been declared incompetent by a court of law, or who has been declared competent by a court of law after a prior declaration of incompetence;
   4. “Durable power of attorney” means a power of attorney described in section 15-12-102, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;
   5. “Durable power of attorney for health care” means the document described in chapter 45, title 39, Idaho Code, or any similar document properly executed under the laws of another jurisdiction;
   6. “Will” means any testamentary device which is valid under the Idaho probate code, including, but not limited to, sections 15-2-503, 15-2-504 and 15-2-506, Idaho Code, whether or not originally executed in, or under the laws of, the state of Idaho.
4. 1. A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist in, and a physician may perform, an autopsy of any remains of a decedent in its custody: (4)(a) A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist in, and a physician may perform, an autopsy of any remains of a decedent in its custody:
      1. If the decedent, prior to his death, authorizes an autopsy in his will or in another written instrument, including, but not limited to, a durable power of attorney for health care; or
      2. Upon the receipt of a written authorization signed by, telegrammed from, or received by facsimile transmission from, a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer; or
      3. Upon the receipt of an oral authorization obtained by telephone, and recorded on tape or other recording device, from a person representing himself to be the person who is entitled under this section to control the disposition of the remains of the decedent, or to be a coroner or any other duly authorized public officer. (b) A cemetery authority or a licensed funeral director of a licensed hospital or its authorized personnel is not liable for permitting or assisting, and a physician is not liable for performing, an autopsy pursuant to the authorization provided in paragraph (a) of this subsection unless he has actual notice that such representation is untrue at the time the autopsy is performed. If such authorization is contained in a will, the autopsy may be performed regardless of the validity of the will in other respects and regardless of whether the will may not be offered for, or admitted to, probate until a later date.
5. Persons designated in subsection (1) of this section have a direct and tangible interest in the death certificate of a decedent pursuant to section 39-270(b), Idaho Code.

(c) This subsection shall not authorize the obtaining of an oral authorization by telephone, recorded on tape or other recording device, for the autopsy of a deceased person if it is made known to the physician who is to perform the autopsy that the deceased person was, at the time of his death, a member of a religion or group which opposes autopsies.

§ 54-1143. Right to rely.

1. Any person signing a funeral service agreement or cremation authorization form or any other authorization for disposition, whether part of a prearranged funeral plan or at time of death, shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceased whose remains are sought to be buried or cremated and the signer’s authority to order such disposition.
2. A funeral establishment, cemetery or crematory establishment shall have the right to rely on such authorization and shall have authority to dispose of human remains upon the receipt of an authorization form signed by the decedent or by the person having the right to control disposition as set forth in section 54-1142, Idaho Code, or upon authorization by the county coroner pursuant to section 31-2802, Idaho Code. There shall be no liability of a funeral establishment, cemetery or crematory establishment that disposes of human remains pursuant to such authorization, or that releases or disposes of the remains pursuant to such authorization.

§ 54-1144. Unclaimed remains of veterans.

1. The division of veterans services may assume control over the cremated remains of a deceased person if:
   1. The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
   2. The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
   3. The division of veterans services certifies that the deceased person is eligible for interment at a state veterans cemetery as an armed forces member pursuant to the rules of the state veterans cemetery.
2. An Idaho chapter of a nationally chartered veterans services organization may assume control over the cremated remains of a deceased person if:
   1. The decedent’s remains have not been disposed of pursuant to a prearranged funeral plan as set forth in section 54-1139, Idaho Code;
   2. The persons vested with the right to control the disposition of the remains of a deceased person pursuant to section 54-1142, Idaho Code, have not made final arrangements for the disposition of the remains within one (1) year following the deceased person’s death or have not exercised control over those remains for a period of one (1) year; and
   3. The Idaho chapter of a nationally chartered veterans services organization certifies that:
      1. The deceased person is an armed forces member as defined in the rules of a state veterans cemetery;
      2. The Idaho chapter of a nationally chartered veterans services organization shall be solely responsible for the costs of interment, including the application for and receipt of any available governmental benefits.
3. There shall be no liability of a funeral establishment, mortuary, cemetery, crematory, or a related entity, a licensed mortician, or licensed funeral director, or any employee or agent thereof who transfers the cremated remains of a deceased person to the division of veterans services or an Idaho chapter of a nationally chartered veterans services organization pursuant to the provisions of this section.
4. There shall be no liability of the state of Idaho or any employee or agent thereof related to the transfer of the cremated remains of a deceased person to an Idaho chapter of a nationally chartered veterans services organization or the interment of such remains pursuant to the provisions of this section.

§ 54-1201. Declaration of policy.

To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, for any project physically located in this state, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying for any project physically located in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a licensed professional engineer or professional land surveyor, unless such person has been duly licensed or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly licensed as a professional engineer by the board under this chapter. Except as exempted by section 54-1223, Idaho Code, a land surveyor shall be allowed to practice professional land surveying as defined in this chapter only when he has become duly licensed as a professional land surveyor by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of licensure of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person’s license, which shall not be transferable.

§ 54-1202. Definitions.

As used in this chapter, unless the context or subject matter requires otherwise:

1. “Authoritative” means certified by a professional land surveyor in accordance with established principles of professional land surveying when used to describe products, processes, applications or data resulting from the practice of professional land surveying.
2. “Benchmark” means a material object, natural or artificial, whose elevation is referenced to an adopted datum.
3. “Board” means the Idaho board of licensure of professional engineers and professional land surveyors, hereinafter provided by this chapter.
4. “Business entity” means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.
5. “Consulting engineer” means a professional engineer whose principal occupation is the independent practice of professional engineering; whose livelihood is obtained by offering engineering services to the public; who is devoid of public, commercial and product affiliation that might tend to infer a conflict of interest; and who is cognizant of his public and legal responsibilities, and is capable of discharging them.
6. “Engineer” means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences, and the principles and methods of engineering analysis and design, acquired by professional education and engineering experience.
7. “Engineer intern” means a person who has qualified for, taken and passed an examination in the fundamentals of engineering subjects as provided in this chapter.
8. “Land surveyor intern” means a person who has qualified for, taken and passed an examination in the fundamentals of surveying subjects as provided in this chapter.
9. “Professional boundary land survey” means land surveying services performed by a land surveyor licensed by this chapter and includes establishing, reestablishing, marking, or locating the corners or lines of:
   1. Property boundaries;
   2. The public land survey system;
   3. Rights-of-way;
   4. Easements;
   5. Lease areas; or
   6. Other interests in real property.
10. “Professional engineer” means a person who has been duly licensed as a professional engineer by the board under this chapter.
11. “Professional engineering” and “practice of professional engineering” mean any service or creative work offered to or performed for the public for any project physically located in this state, such as consultation, investigation, evaluation, planning, designing, design coordination, teaching upper division engineering design subjects, and responsible charge of observation of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects or to certify elevation information, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such service requires the application of engineering principles and data. A person shall be construed to practice or offer to practice professional engineering within the meaning and intent of this chapter who practices or offers to practice any of the branches of the profession of engineering for the public for any project physically located in this state or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter, or holds himself out as able to perform or who does perform for the public for any project physically located in this state, any engineering service or work or any other service designated by the practitioner which is the practice of professional engineering. (12)(a) “Professional land surveying” and “practice of professional land surveying” mean responsible charge of authoritative land surveying services using sciences such as mathematics, geodesy and photogrammetry and involving:
    1. The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvement on the earth, and the space above, on or below the earth; and
    2. Providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions or projects. Professional services include acts of consultation, investigation, testimony, planning, mapping, assembling and interpreting and gathering measurements and information related to any one (1) or more of the following:
       1. Determining by measurement the configuration or contour of the earth’s surface or the position of any fixed objects;
       2. Performing geodetic surveys to determine the size and shape of the earth or the position of any point on the earth;
       3. Locating, relocating, establishing, reestablishing or retracing property lines or boundaries of any tract of land, road, right-of-way, easement or real property lease;
       4. Making any survey for a division or subdivision or a consolidation of any tracts of land;
       5. Locating or laying out of alignments, positions or elevations in the field for the construction of fixed works;
       6. Determining, by the use of principles of surveying, the position for any boundary or nonboundary survey monument or reference point or for establishing or replacing any such monument or reference point;
       7. Certifying elevation information;
       8. Preparing narrative land descriptions; or
       9. Creating, preparing or modifying electronic or other data necessary for the performance of activities in subparagraphs 1. through 8. of this paragraph.
          1. Mapping or geographic information system work that is for nonauthoritative boundaries and nonauthoritative elevations;
          2. Construction survey work that is unrelated to establishing vertical and horizontal project control; or
          3. Construction staking of fixed works or the development and use of electronic models for machine-controlled construction that by design are unrelated to determining boundaries described in paragraph (a)(ii)3. of this subsection. Any person shall be construed to practice or offer to practice professional land surveying who engages in professional land surveying, or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be a professional land surveyor, or who represents himself as able to perform or who does perform any professional land surveying service or work or any other service designated by the practitioner which is professional land surveying.

(b) “Professional land surveying” and “practice of professional land surveying” shall not mean:

(13) “Professional land surveyor” means a person who is qualified by reason of his knowledge of the principles of land surveying acquired by education and practical experience to engage in the practice of professional land surveying and who has been duly licensed as a professional land surveyor by the board under this chapter.

(14) “Public” means any person, firm, corporation, partnership, company, government agency, institution or any other entity recognized by law.

(15) “Responsible charge” means the control and direction of engineering work, or the control and direction of land surveying work, requiring initiative, professional skill, independent judgment and professional knowledge of the content of relevant documents during their preparation. Except as allowed under section 54-1223, Idaho Code, reviewing, or reviewing and correcting, documents after they have been prepared by others does not constitute the exercise of responsible charge.

(16) “Retired professional engineer” or “retired professional land surveyor” means a professional licensed under this chapter who chooses to place his license in retired status indicating he is no longer practicing or offering to practice professional engineering or professional land surveying.

(17) “Rules of professional responsibility” means those rules, if any, promulgated by the board, as authorized by the Idaho Code.

(18) “Signature” means either: an original handwritten message identification containing the name of the person who applied it; or a digital signature, which is an electronic authentication process attached to or logically associated with an electronic document. The digital signature must be unique to the person using it; must be capable of verification; must be under the sole control of the person using it; and must be linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

(19) “Standard design plan” means a building, structure, equipment or facility that is intended to be constructed or sited at multiple locations and for which some or all of the plans must be prepared by a professional engineer.

(20) “Survey monuments used as control” means any monument marking, referencing, or used as a witness for a line or corner in any professional boundary land survey as defined in subsection (9) of this section.

§ 54-1203. Idaho board of licensure of professional engineers and professional land surveyors.

A board to be known as the “Idaho board of licensure of professional engineers and professional land surveyors” is a division of the Idaho department of self-governing agencies and shall administer the provisions of this chapter. It shall consist of seven (7) persons, appointed by the governor who may consider recommendations for appointment to the board from any organized and generally recognized state engineering society in this state, any organized and generally recognized state land surveying society in this state and from any individual residing in this state. The board shall be comprised of four (4) persons licensed as professional engineers, two (2) persons licensed as professional land surveyors and one (1) person who shall be a member of the general public with an interest in the rights of consumers of engineering and land surveying services. The members of the board shall have the qualifications required by section 54-1204, Idaho Code. Each member of the board shall take, subscribe and file the oath required by chapter 4, title 59, Idaho Code, before entering upon the duties of the office. On the expiration of the term of any member, a successor shall be appointed in like manner by the governor for a term of five (5) years. Any appointment to complete a term that has not expired, because of resignation, removal or inability of a member to serve for any reason, shall be for the unexpired portion of the term. A member of the board shall hold office until the expiration of the term for which he was appointed and until his successor has been appointed and qualified. A member, after serving two (2) consecutive full terms in addition to any unexpired portion of a term, shall not be reappointed for a period of two (2) years. The board, on its own initiative, may appoint any former member as an emeritus member for special assignment to assist the board in the administration of this chapter.

§ 54-1205. Compensation and expenses of board members.

Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code, when attending to the work of the board or any of its committees and for the time spent in necessary travel; and, in addition thereto, shall be reimbursed for all actual travel, per diem, incidentals and clerical expenses necessarily incurred in carrying out the provisions of this chapter.

§ 54-1206. Removal of board members and filling vacancies.

Board members shall serve at the pleasure of the governor. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-1203, Idaho Code.

§ 54-1207. Board — Organization and meetings.

The board shall hold at least one (1) regular meeting each year. The rules of the board may provide for additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The board shall annually elect a chairman, a vice-chairman and a secretary, who shall be members of the board, and they may provide for an assistant or executive director who need not be a member of the board or a licensee. Four (4) members shall constitute a quorum.

§ 54-1208. Board — Powers.

1. The board shall have the power to adopt and amend administrative rules including, but not limited to, rules of professional responsibility, rules of continuing professional development not to exceed sixteen (16) hours annually for each profession for which the professional is licensed, and rules of procedure, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the administration of the chapter and the regulation of proceedings before the board. These actions by the board shall be binding upon persons licensed under this chapter and shall be applicable to business entities holding a certificate of authorization as provided in section 54-1235, Idaho Code. It shall adopt and have an official seal which shall be affixed to each license and certificate issued. It shall have power to provide an office, office equipment and facilities and such books and records as may be reasonably necessary for the proper performance of its duties.
2. In carrying into effect the provisions of this chapter, the board may subpoena witnesses and compel their attendance, and also may require the submission of books, papers, documents, or other pertinent data in any disciplinary matters or in any case wherever a violation of this chapter is alleged. Upon failure or refusal to comply with any such order of the board, or upon failure to honor its subpoena as herein provided, the board may apply to any court of any jurisdiction to enforce compliance with same.
3. The board is hereby authorized in the name of the state to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this chapter or to restrain any violation thereof. Venue for all such actions shall be in the district court of the fourth judicial district, Ada county, Idaho.
4. The board may subject an applicant for licensure or certification to such examination as it deems necessary to determine qualifications.
5. Any action, claim or demand to recover money damages from the board or its employees which any person is legally entitled to recover as compensation for the negligent or otherwise wrongful act or omission of the board or its employees, when acting within the course and scope of their employment, shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho Code. For purposes of this section, the term “employees” shall include, in addition to those persons listed in section 6-902(4), Idaho Code, special assignment members, emeritus members and any independent contractors while acting within the course and scope of their board related work.
6. The board may recommend arbitration of disputes between professional engineers or disputes between professional land surveyors.

§ 54-1210. Records and reports.

1. The board shall keep a record of its proceedings and a record of all applications for licensure or certification, which record shall show: the name, date of birth and last known address of each applicant; the date of the application; the place of business of such applicant; his education, experience and other qualifications; type of examination required; whether or not the applicant was rejected; whether or not a certificate or license was granted; the dates of the action of the board; and any other information as may be deemed necessary by the board.
2. The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and minutes thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
3. Annually the board shall submit to the governor a report of its activities of the preceding year, and shall also transmit to him a summary statement of the receipts and expenditures of the board.
4. Board records and papers are subject to disclosure according to chapter 1, title 74, Idaho Code.

§ 54-1211. Roster.

A complete roster showing the names and last known addresses of all professional engineers, all professional land surveyors, all business entities holding certificates of authorization as required under section 54-1235, Idaho Code, and all who possess current certification as engineer interns and as land surveyor interns shall be maintained by the board in an electronic format available to the public.

§ 54-1212. General requirements for examination and license.

Except as herein otherwise expressly provided, no license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, shall be issued until an applicant has successfully passed an examination given by or approved by the board, nor shall a license as a professional engineer or professional land surveyor, or certification as an engineer intern or land surveyor intern, be issued to an applicant having habits or character that would justify revocation or suspension of his license or certificate, as provided in section 54-1220, Idaho Code. Except for military personnel stationed in the state of Idaho on military orders and except for persons employed full-time in the state of Idaho, only residents of the state of Idaho and students enrolled at an Idaho university or college may qualify for initial licensure. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for certification as an intern or licensure as a professional engineer or professional land surveyor:

1. As a professional engineer:
   1. Graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of an additional four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering; or
   2. Graduation with a bachelor’s degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program, passage of examinations on the fundamentals of engineering and professional engineering acceptable to the board, and a specific record, after graduation, of four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering.
2. As a professional land surveyor:
   1. Graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional land surveying; or
   2. Graduation with a bachelor’s degree in a related program from a school or college approved by the board as being of satisfactory standing, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program, passage of examinations on the fundamentals of surveying and professional land surveying acceptable to the board, and a specific record of an additional four (4) years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice land surveying. (3) As an engineer intern:
   3. Passage of an examination on the fundamentals of engineering and graduation with an engineering master’s or doctoral degree approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern.
   4. In the event the applicant passes the examination prior to graduation under the provisions of paragraph (a), (b) or (c) of this subsection, a certificate will be issued only after the applicant graduates.

(a) Passage of an examination on the fundamentals of engineering and graduation from an approved engineering program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to enroll as an engineer intern;

(b) Passage of an examination on the fundamentals of engineering and graduation with a bachelor’s degree in a related science from a school or college approved by the board, and evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering program and indicating that the applicant is competent to be enrolled as an engineer intern; or

(4) As a land surveyor intern:

(a) Passage of an examination on the fundamentals of surveying and graduation from an approved surveying program of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to be enrolled as a land surveyor intern; or

(b) Passage of an examination on the fundamentals of surveying and graduation with a bachelor’s degree in a related program from a school or college approved by the board, evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying program and indicating that the applicant is competent to be enrolled as a land surveyor intern.

(c) In the event the applicant passes the examination prior to graduation from college under the provisions of paragraph (a) or (b) of this subsection, a certificate shall be issued only after the applicant graduates.

In counting years of experience for licensure as a professional engineer or professional land surveyor, the board may, at its discretion, give credit, not in excess of one (1) year, for satisfactory graduate study toward a master’s degree and not in excess of an additional one (1) year for satisfactory graduate study toward a doctorate degree. In the event an applicant obtains a doctorate degree without first obtaining a master’s degree, the board may, at its discretion, give credit, not in excess of two (2) years.

In considering the combined education and experience qualifications of applicants, the board shall consider engineering teaching, land surveying teaching, each year of satisfactory completion of undergraduate college education, advanced degrees in engineering and advanced degrees in land surveying in establishing the applicants’ minimum composite knowledge and skill. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, shall not be deemed to be the practice of engineering, but if such experience, in the opinion of the board, has involved responsible supervision of a character that will tend to expand the engineering knowledge and skill of the applicant, the board may in its discretion give such credit therefor as it may deem proper.

Any person having the necessary qualifications prescribed in this chapter that otherwise entitle him for initial licensure or certification shall be eligible although he may not be practicing his profession at the time of making his application.

The board may postpone acting on an application for certification or licensure if disciplinary or criminal action related to the applicant’s practice has been taken or is pending in any other jurisdiction. The board may postpone the notification of examination results to applicants on any examination if there is any unresolved examination irregularity involving the applicant. The board may investigate and adjudicate the validity of examination irregularities and if the examination irregularities are substantiated, the board may invalidate the examination result of the applicant.

§ 54-1214. Examinations.

1. Examinations will be held at such times and places as the board directs. The board shall determine the acceptable grade on examinations.
2. Written professional examinations may be taken only after the applicant has met the other minimum requirements as given in section 54-1212, Idaho Code. The following examinations shall be offered:
   1. Fundamentals of Engineering — The examination consists of a test on the fundamentals of engineering acceptable to the board. Passing this examination qualifies the examinee for an engineer intern certificate, provided he has met all other requirements of certification required by this chapter.
   2. Principles and Practice of Engineering — The professional engineering examination consists of a test on applied engineering acceptable to the board. Passing this examination qualifies the examinee for licensure as a professional engineer, provided he has met the other requirements for licensure required by this chapter.
   3. Fundamentals of Surveying — The examination consists of a test on the fundamentals of surveying acceptable to the board. Passing this examination qualifies the examinee for a land surveyor intern certificate, provided he has met all other requirements for certification required by this chapter.
   4. Principles and Practice of Surveying — The professional surveying examination consists of a test on applied surveying acceptable to the board. Passing this examination qualifies the examinee for licensure as a professional land surveyor, provided he has met the other requirements for licensure required by this chapter.
3. A candidate failing all or part of a professional examination may request reexamination, which may be granted upon payment of a separate examination fee paid by the applicant directly to the entity designated by the board.
4. The board may prepare and adopt specifications for the examinations in engineering and land surveying.
5. The board may issue a restricted license to engineering faculty with an earned doctorate degree. The license shall be restricted to those licensees remaining employed by a college or university in this state and teaching upper division engineering courses. The board may waive technical examinations for such licenses in lieu of other requirements prescribed by rule. As used in this section, “restricted license” means a license to teach college or university upper division courses with an earned doctorate but without passing a technical examination.

§ 54-1215. License — Seals — Intern certificates.

1. The board shall issue a license upon payment of the fee as provided for in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter for licensure as a professional engineer or professional land surveyor, and a certificate shall be issued to those who qualify as an engineer intern or a land surveyor intern. In the case of a professional engineer, the license shall authorize the practice of “professional engineering,” and in the case of a professional land surveyor, the license shall authorize the practice of “professional land surveying.” Licenses shall show the full name of the licensee, shall give a license number, and shall be signed by the chairman and the secretary of the board under seal of the board.
2. The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights, privileges and responsibilities of a licensed professional engineer or of a licensed professional land surveyor, provided that said license has not expired or has not been retired, suspended, or revoked.
3. Except for engineering faculty holding a restricted license pursuant to section 54-1214(5), Idaho Code, each licensee hereunder shall, upon licensure, obtain a seal, the use and design of which are described below. It shall be unlawful for any person to affix or to permit his seal and signature to be affixed to any documents after the license of the licensee named thereon has expired or has been retired, suspended, or revoked, unless said license shall have been renewed, reinstated, or reissued, or for the purpose of aiding or abetting any other person to evade or attempt to evade any portion of this chapter.
   1. The seal may be a rubber stamp, crimp or electronically generated image. Whenever the seal is applied, the licensee’s signature and date shall also be included. If the signature is handwritten, it shall be adjacent to or across the seal. No further words or wording is required. A facsimile signature generated by any method will not be acceptable unless accompanied by a digital signature.
   2. The seal, signature and date shall be placed on all final specifications, land surveys, reports, plats, drawings, plans, design information and calculations whenever presented to a client or any public or governmental agency. Any such document presented to a client or public or governmental agency that is not final and does not contain a seal, signature and date shall be clearly marked as “draft,” “not for construction” or with similar words to distinguish the document from a final document. In the event the final work product is preliminary in nature or contains the word “preliminary,” such as a “preliminary engineering report,” the final work product shall be sealed, signed and dated as a final document if the document is intended to be relied upon to make policy decisions important to the life, health, property, or fiscal interest of the public.
   3. The seal and signature of the licensee and date shall be placed on all original documents in such a manner that such seal, signature and date are reproduced when the original document is copied. The application of the licensee’s seal and signature and the date shall constitute certification that the work thereon was done by him or under his responsible charge. Each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees responsible for each sheet. In the case of a business entity, each plan or drawing sheet shall be sealed and signed and dated by the licensee or licensees involved. Copies of electronically produced documents, listed in paragraph (b) of this subsection, distributed for informational uses such as for bidding purposes or working copies, may be issued with the licensee’s seal and a notice that the original document is on file with the licensee’s signature and the date. The words “Original Signed By:” and “Date Original Signed:” shall be placed adjacent to or across the seal on the electronic original. The storage location of the original document shall also be provided. Only the title page of reports, specifications and like documents need bear the seal and signature of the licensee and the date.
   4. The seal and signature shall be used by licensees only when the work being stamped was under the licensee’s responsible charge.
   5. The design of the seal shall be as determined by the board.
4. The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this chapter a certificate as an engineer intern or land surveyor intern. The engineer intern or land surveyor intern certificate does not authorize the certificate holder to practice as a professional engineer or a professional land surveyor.

§ 54-1216. Expirations and renewals — Fees.

1. Each licensee or intern shall apply for renewal by the last day of the month during which the licensee was born, in even-numbered state of Idaho fiscal years for those born in even-numbered calendar years and in odd-numbered state of Idaho fiscal years for those born in odd-numbered calendar years, and shall become invalid on that date unless renewed.
2. Certificates of authorization for business entities shall expire annually on the last day of the month in which the certificates were initially issued and shall become invalid on that date unless renewed.
3. Renewal shall be effective after the payment of a renewal fee to be fixed by the board at not more than one hundred fifty dollars ($150) and upon completion of any requirements for renewal required by this chapter or administrative rule.
4. The failure on the part of any licensee or certificate holder to renew his or its license or certificate before expiration shall not deprive such person or business entity of the right of renewal, but the fee to be paid for the renewal of a license or certificate after the month in which it is due shall be increased fifty percent (50%) for each month or fraction of a month that payment of renewal is delayed; provided however, that the maximum fee for delayed renewal shall not exceed five hundred dollars ($500).
5. Any work performed after a license or certificate of authorization has expired, but before delayed renewal has been effected, shall become valid upon delayed renewal as if the license or certificate of authorization had not expired, but the licensee or certificate holder may be subject to disciplinary action by the board for practice on an expired license or such other action as provided pursuant to this chapter.
6. The renewal of intern certificates shall be processed as prescribed in subsections (1) and (4) of this section for licensees, except that the biennial renewal fee shall not be more than thirty dollars ($30.00). The failure on the part of any intern to effect renewal shall not invalidate his status as an engineer intern or land surveyor intern, but his name shall be removed from the board’s mailing list.

§ 54-1217. Practitioners at time act becomes effective. [Repealed.]

§ 54-1218. Public works.

1. It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state having power to levy taxes or assessments against property situated therein, to engage in the construction of any public works when the public health or safety is involved unless the plans and specifications and estimates have been prepared by, and the construction reviewed by, a professional engineer.
2. The provisions of this section shall not apply to public construction, reconstruction, maintenance and repair work that is governed by chapter 12, title 42, Idaho Code; or public work that is insignificant, that is projects of less than ten thousand dollars ($10,000) in total cost, performed by employees of the public agency and performed in accordance with standards for such work that have been certified by a professional engineer and duly adopted by the public agency’s governing body including, but not limited to, the Idaho standards for public works construction and any supplements thereto, and only if a professional engineer determines that such public construction, reconstruction, maintenance and repair work does not represent a material risk to public health or safety.

§ 54-1219. Comity licensure — Fee.

The board, upon application therefor and the payment of a fee of not to exceed a maximum of one hundred fifty dollars ($150), may issue a license as a professional engineer or professional land surveyor to any person who holds a license issued to the applicant by the proper authority of any state, territory or possession of the United States, the District of Columbia, or of a foreign country, provided that, in the opinion of the board, the applicant possesses the education, experience and examination credentials, or their equivalents, that were specified in the applicable licensing chapter in effect in this state at the time such license was issued, provided that a professional land surveyor applicant must successfully pass a land surveying examination as prepared and administered by the board, and provided such state, territory, possession or country will license, without examination and upon substantially the same condition, to applicants holding licenses issued by the board under this chapter. In the event the applicant has been licensed and has practiced as a professional engineer or professional land surveyor in another jurisdiction for a minimum of eight (8) years, has no outstanding disciplinary action, and is in good standing under a licensing system which, in the opinion of the board, maintains substantially equivalent professional standards as required under this chapter, the board may, in its discretion, waive the requirement for satisfaction of prescriptive credentials in education and examination. The board may postpone acting on an application for a license by comity if disciplinary or criminal action related to the applicant’s practice has been taken or is pending in any other jurisdiction.

§ 54-1222. Violations and penalties — Prosecution of offenses.

Any person who shall practice, or offer to practice, professional engineering or professional land surveying in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a license or certificate, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked license or practice at any time during a period the board has suspended or revoked his license, or any person who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor.

Legal counsel selected by the board, or the attorney general of this state or anyone designated by him may act as legal advisor of the board. It shall be the duty of the attorney general of this state to enforce the provisions of this chapter relating to unlicensed practice and to prosecute any unlicensed person violating the same. The attorney general shall be reimbursed by the board for any fees and expenses incurred by the attorney general in representing the board or prosecuting unlicensed persons.

§ 54-1223. Saving clause — Exemptions.

1. This chapter shall not be construed to affect:
   1. The practice of any other profession or trade for which a license is required under any law of this state or the United States.
   2. The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final engineering design or land surveying decisions and is done under the direct responsibility, checking, and supervision of, and verified by, a person holding a license under this chapter.
   3. Any individual teaching upper division engineering subjects that are classified as engineering design for any college or university in this state as of July 1, 1988, and any such individual employed after July 1, 1988, for a period of five (5) years from the date of employment with any college or university in this state.
   4. An individual doing surveying work for himself, or through a business entity, on property owned or leased by the individual or business entity, or in which the individual or business entity has an interest, estate or possessory right and which affects exclusively the property or interests of the individual or business entity; provided, that all land surveying maps, plats or plans filed with any county recorder’s office in the state of Idaho for the purpose of illustrating or defining boundaries of property ownership, shall be made by a licensed professional land surveyor as provided in this chapter.
   5. An individual doing survey work for himself, or through a business entity with respect to the location, amendment, or relocation of a mining claim.
   6. The practice of engineering by employees of a business entity as long as the services provided by them are for internal business entity use only.
2. The board, at its discretion, may exempt an exceptional individual who has twelve (12) or more years of appropriate experience in engineering from the requirement for satisfactory completion of an examination in the fundamentals of engineering.
3. An applicant for licensure as a professional engineer either by examination or by comity who has earned a bachelor degree in engineering from an approved engineering program and has, in addition, earned a doctorate degree in engineering from a college or university which offers an approved undergraduate program in the same discipline as the doctorate degree earned, shall be exempt from the requirement for satisfactory completion of an examination in the fundamentals of engineering. Honorary doctorate degrees are not considered earned degrees for purposes of this subsection.
4. In addition to, and notwithstanding other provisions of this chapter, in circumstances of emergency creating conditions of imminent and substantial danger to the public health, safety or environment through the provision of engineering services, the prosecuting attorney or the attorney general may institute a civil action for an immediate injunction to halt the provision of engineering services.
5. A professional engineer licensed in Idaho may review the work of a professional engineer who is licensed in another jurisdiction of the United States or a foreign country on a project that is a site adaptation of a standard design plan to determine that the standard design plan meets the standard of care and is applicable to the intended circumstance, with or without modification. The Idaho professional engineer shall demonstrate responsible charge, as defined in this chapter, by performing professional services related to his assignment including developing or obtaining a complete design record with design criteria and calculations, performing necessary code research and developing any necessary and appropriate changes to the standard design plan necessary to properly apply the standard design to the intended circumstance. The nonprofessional services, such as drafting, need not be redone by the Idaho professional engineer, but must clearly and accurately reflect the Idaho professional engineer’s work. The burden is on the Idaho professional engineer to show such compliance. The Idaho professional engineer shall have control of and responsibility for the entire work product, shall seal, sign and date it as required in this chapter, and shall be in possession of all original documents or certified copies of documents related to the professional engineer’s work for the project. (6) In the event a licensee in responsible charge of a project leaves employment, is transferred, is promoted, becomes incapacitated, dies or is otherwise not available to seal, sign and date final documents, the duty of responsible charge of the project shall be accomplished by the successor licensee by becoming familiar with and reviewing, in detail, and retaining the project documents to date. Subsequent work on the project must clearly and accurately reflect the successor licensee’s responsible charge. The successor licensee shall seal, sign and date all work product in conformance with section 54-1215, Idaho Code.

§ 54-1224. Temporary permits. [Repealed.]

§ 54-1225. Appeals.

Any person or organization who shall feel aggrieved by any action of the board in denying, suspending or revoking a license or certificate or certificate of authorization, as is appropriate, may appeal therefrom in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.

§ 54-1226. Separability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

§ 54-1227. Surveys — Authority and duties of professional land surveyors and professional engineers.

1. Every licensed professional land surveyor is hereby authorized to make land surveys and it shall be the duty of each licensed professional land surveyor, whenever making any professional boundary land survey as defined in section 54-1202, Idaho Code, that is not preliminary in nature, to set permanent and reliable magnetically detectable monuments at all unmonumented corners field-located, the minimum size of which shall be one-half (1/2) inch in least dimension and two (2) feet long iron or steel rod, or a metallic post or pipe one (1) inch in least dimension and two (2) feet long with minimum wall thickness of nominal one-eighth (1/8) inch, or other more substantial monuments designed specifically for use as a survey monument. Such monuments must be substantially in the ground, stable, and permanently marked with the license number of the professional land surveyor responsible for placing the monument.
2. Where special circumstances preclude use of such monuments, the professional land surveyor must place an alternate, stable, permanent monument that is magnetically detectable and marked with the license number of the professional land surveyor placing the monument.
3. Where the corner position cannot be monumented due to special circumstances, the professional land surveyor must establish reference monuments or a witness corner and mark them as such.
4. Any found nonmagnetically detectable monument must be remonumented with a magnetically detectable monument compliant with subsections (1) through (3) of this section.
5. Professional engineers qualified and duly licensed pursuant to this chapter may also perform those other surveys necessary and incidental to their work.

§ 54-1228. Administering and certification of oaths — Authority of professional land surveyors.

Every professional land surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or establish old or obliterated corners, or to perpetuate a corner that is in a perishable condition, or whenever the importance of the land survey makes it desirable. A record of such oaths shall be kept as part of the field notes of the land survey.

§ 54-1229. Legal survey of land.

No survey of land, or plat or subdivision shall be legal unless made by or under the responsible charge of a professional land surveyor.

All land surveys made under the authority of the state, or of any political subdivision of the state, must be performed by a professional land surveyor.

§ 54-1230. Land surveying — Right of entry.

1. Any person duly licensed by the state of Idaho as a professional land surveyor, including all subordinates subject to the supervision of a licensed surveyor while undertaking land survey activities, and any surveyor or his subordinate employed in the execution of any survey authorized by the congress of the United States may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and doing any work that may be necessary to carry out the objects of existing laws relative to surveys, may establish permanent station marks, and may erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.
2. Nothing in this section shall affect the right of entry established in sections 40-1310 and 40-2301, Idaho Code.
3. A surveyor or his subordinate shall not enter railroad property pursuant to this section without written permission from the railroad’s chief engineering officer or his designee.
4. The surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work, or establishing a permanent survey monument without first providing prior notice to the landowner or occupant by first class mail or by personal notice. If the land is occupied by a person other than the landowner, prior notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed as soon as practicable following the contract or agreement to perform the work and at least seven (7) days prior to the entry onto the land unless the notice period is waived in writing by the landowner, occupant, or an agent thereof. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or, if hand delivery cannot be accomplished, it may be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey, and the presence of any temporary or permanent monuments or other markers to be established by the surveyor and left on the land. The surveyor or his agent or employee shall cooperate with the landowner, occupant, or agent thereof to avoid disruption of a business or agricultural operation.

§ 54-1231. Public surveying

Assessment of damages for entry. [Repealed.]

Repealed by S.L. 2020, ch. 127, § 8, effective July 1, 2020.

§ 54-1232. Public surveying

Tender of damages for entry. [Repealed.]

Repealed by S.L. 2020, ch. 127, § 9, effective July 1, 2020.

§ 54-1233. Public surveying

Costs of assessment of damages. [Repealed.]

Repealed by S.L. 2020, ch. 127, § 10, effective July 1, 2020.

§ 54-1234. Monumentation — Penalty and liability for defacing.

If any person shall willfully deface, injure or remove any signal, monument or other object set as a permanent boundary survey marker, benchmark or point set in control surveys by agencies of the United States government or the state of Idaho or set by a professional land surveyor or an agent of the United States government or the state of Idaho, he shall forfeit a sum not exceeding one thousand five hundred dollars ($1,500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.

§ 54-1235. Practice by a business entity.

1. The practice of or offer to practice professional engineering or professional land surveying, as defined in this chapter, by professional engineers or professional land surveyors, through a business entity, or by a business entity through professional engineers or professional land surveyors, as employees, or officers, is permitted subject to the provisions of this chapter, provided that all personnel of such business entity, who act in its behalf as professional engineers or professional land surveyors in this state are licensed as provided by this chapter, or are persons lawfully practicing under the exemptions enumerated in this chapter, and further provided that said business entity, except utilities regulated by the Idaho public utilities commission, has been issued a certificate of authorization by the board as provided by this chapter. No business entity shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with the provisions of this chapter, nor shall any individual practicing professional engineering or professional land surveying as defined in this chapter, be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with such business entity. All final drawings, specifications, plats, reports, or other engineering or land surveying papers or documents involving the practice of professional engineering or professional land surveying as defined in this chapter, which shall have been prepared or approved for the use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the professional engineer or professional land surveyor who prepared or approved them.
2. A business entity organized pursuant to this section may provide or offer to provide allied professional services as defined in section 30-21-901, Idaho Code, in connection with the providing of engineering or land surveying services, by persons licensed in allied professions acting as employees or officers, provided such persons are duly licensed or otherwise legally authorized to render such allied professional services within this state.
3. A business entity desiring a certificate of authorization for engineering, for land surveying, or for both, shall file with the board a description of the engineering or land surveying service to be offered or practiced in the state, an application upon a form to be prescribed by the board and the designation required by the following paragraph, accompanied by the application fee.
4. Such business entity shall file with the board a designation of an individual or individuals duly licensed to practice professional engineering or professional land surveying in this state who shall be in responsible charge of the practice of professional engineering or land surveying, as applicable, by said business entity in this state. In the event there shall be a change in the individual or individuals in responsible charge, such changes shall be designated in writing and filed with the board within thirty (30) days after the effective date of such change. If all requirements of this chapter are met, the board shall issue to such business entity a certificate of authorization for professional engineering, for land surveying, or for both; provided, however, the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate.
5. The secretary of state shall not accept for filing from any person any assumed business name which includes within its name any of the words “engineer,” “engineering,” “land surveyor,” “land surveying,” or any modification or derivation thereof, unless the board shall have issued a letter indicating that the person has a licensed professional in responsible charge of the professional activities of the sole proprietorship or business entity. The board may notify the secretary of state, in writing, that it waives any objection to the name if the person is clearly not governed by chapter 12, title 54, Idaho Code. The secretary of state shall not accept for filing the organizational documents of an Idaho business entity, or authorize the transaction of business by any foreign business entity which includes, among objects for which it is established or within its name, any of the words “engineer,” “engineering,” “land surveyor,” “land surveying,” or any modification or derivation thereof, unless the board shall have issued for said applicant a certificate of authorization or a letter indicating the eligibility of said applicant to receive such certificate. The board may notify the secretary of state, in writing, that it waives any objection to the name or purpose of any business entity if it is clearly not governed by chapter 12, title 54, Idaho Code. The business entity applying shall include such certificate or letter from the board with any filings submitted to the secretary of state.

A professional engineer or professional land surveyor who renders occasional, part-time or consulting engineering or land surveying services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.

§ 54-1236. Exclusive jurisdiction of the state — Restriction on requirement for additional licenses or fees.

1. Only the board of licensure of professional engineers and professional land surveyors of the state of Idaho is authorized and empowered to issue licenses to persons to practice the profession of engineering or land surveying.
2. No local jurisdiction shall have the authority to require additional licensure or to require payment of any fees in order for any professional engineer or professional land surveyor to engage in the practice of the profession for which the board has issued a license.

§ 54-1301 — 54-1309. Healers in general — Educational and license requirements. [Repealed.]

§ 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 which 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 “R.N.” 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 “L.P.N.” 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 of both the Idaho central criminal database and the federal bureau of investigation criminal history database. All such applicants shall submit a full set of their fingerprints and any relevant fees directly to the Idaho board of nursing for forwarding to the appropriate law enforcement agency for processing. Criminal background reports received by the board from the Idaho state police and the federal bureau of investigation shall be used only for licensing decisions and handled and disposed of in a manner consistent with requirements imposed by the Idaho state police and the federal bureau of investigation.

§ 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:
   1. 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;
   2. Contributing to the assessment of the health status of individuals and groups of individuals;
   3. Participating in the development and modification of the strategy of care;
   4. 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;
   5. Maintaining safe and effective nursing care rendered directly or indirectly;
   6. Participating in the evaluation of responses to interventions; and
   7. 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:
   1. Assessing the health status of individuals and groups of individuals;
   2. Identifying health care problems that are amenable to nursing intervention;
   3. Establishing goals to meet identified health care needs;
   4. Planning a strategy of care;
   5. Prescribing nursing interventions to implement the strategy of care;
   6. Implementing the strategy of care, including administering medications and treatments as prescribed by those health care providers authorized to prescribe medication;
   7. Authorizing nursing interventions that may be performed by others and that do not conflict with this chapter;
   8. Maintaining safe and effective nursing care rendered directly or indirectly;
   9. Evaluating responses to interventions;
   10. Teaching the theory and practice of nursing;
   11. Managing the practice of nursing; and
   12. Collaborating with other health professionals in the management of health care. (5) “Nursing education program” means a course of instruction offered and conducted to prepare persons for the practice of nursing, or to increase the knowledge and skills of the practicing nurse.

(6) “Practice of nursing” means the performance by licensed practical nurses, registered nurses and advanced practice registered nurses of acts and services that require formal nursing education and specialized knowledge, judgment and skill, which acts and services assist individuals, groups, communities and populations in order to promote, maintain or restore optimal health and well-being throughout the life process. Nursing practice encompasses a broad continuum of services delivered in health care and non-health care environments for remuneration or as volunteer service. Nursing practice may be clinical as well as nonclinical in a variety of areas including, but not limited to, education, administration, research and public service. Nursing practice occurs at the physical location of the recipient.

§ 54-1403. Board of nursing.

1. Appointment, Removal and Term of Office. There is hereby created within the department of self-governing agencies the board of nursing for the state of Idaho composed of nine (9) members appointed by the governor. Membership of the board shall consist of the following:
   1. Five (5) persons licensed to practice registered nursing in Idaho;
   2. Two (2) persons licensed to practice practical nursing in Idaho;
   3. One (1) person licensed as an advanced practice registered nurse in Idaho; and
   4. One (1) person who is a lay person to health care occupations.
2. Qualifications of Members. No person is qualified for appointment hereunder unless that person is a citizen of the United States and a resident of the state of Idaho. Members required to be licensed hereunder shall not be qualified for appointment to the board unless actively engaged in some field of nursing 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. Five (5) 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.

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 thereof, 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 vacancies which shall be for the unexpired term being filled. No member shall be appointed for more than three (3) consecutive terms. All board members shall serve at the pleasure of the governor.

§ 54-1405. Disposition of funds — State board of nursing account — Creation of.

All fees of any kind collected under the provisions of this act shall be deposited in the state treasury to the credit of an account to be known as the state board of nursing account in accordance with chapter 8, title 57, Idaho Code, which is hereby created and all such monies as are now in or may hereafter come into such account are hereby appropriated for carrying out the purposes and objectives of this act and to pay all costs and expenses incurred in connection therewith.

Such monies shall be paid out upon warrants drawn by the state controller upon presentation of proper vouchers approved by the state board of nursing.

§ 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.

§ 54-1406A. Certified medication assistant.

1. The board shall issue a certificate of medication assistance (MA-C) to an individual who:
   1. Is registered as a nursing assistant, without substantiated charges, on the nursing assistant registry currently maintained by the Idaho department of health and welfare;
   2. Has completed an MA-C program at an institution accredited by the United States department of education;
   3. Has passed the medication aide certification exam approved by the national council of state boards of nursing or other nationally recognized nursing testing organization; and
   4. Has paid applicable fees.
2. The board shall not require the examination required in paragraph (1)(c) of this section for a person who is registered as a nursing assistant pursuant to paragraph (1)(a) of this section on July 1, 2020.
3. The board shall maintain a public registry of the names and addresses of all certified medication assistants.
4. The board is authorized to impose and collect initial application fees and two (2) year renewal fees, as well as reinstatement fees, and verification of records fees not to exceed, in total, one hundred dollars ($100), as determined by board rule. Fees collected pursuant to this section shall be deposited in the state board of nursing account.
5. A person may not use the title “certified medication assistant” or the abbreviation “MA-C” unless such person has been duly certified pursuant to this section.
6. A certified MA-C is permitted to administer medications as delegated by a licensed nurse.
7. The board shall have the authority to administer discipline as set forth in paragraph (a) of this subsection for any one (1) or a combination of grounds for discipline as set forth in paragraph (b) of this subsection.
   1. Disciplinary action by the board shall include:
      1. Denying certification or recertification, suspending, revoking, placing on probation, reprimanding, limiting, restricting, conditioning, or accepting the voluntary surrender of a certificate issued pursuant to this section if a certified medication assistant commits an act that constitutes grounds for discipline;
      2. Referring criminal violations of this section to the appropriate law enforcement agency; and
      3. Imposing a civil penalty of no more than one hundred dollars ($100) per violation.
   2. Grounds for discipline shall include:
      1. Substance abuse or dependency;
      2. Client abandonment, neglect, or abuse;
      3. 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 required in paragraph (1)(c) of this section.
      4. Boundary violations; (v) Performance of unsafe client care;
      5. Performing acts beyond the range of authorized functions or beyond those tasks delegated under the provisions of this section;
      6. Misappropriation or misuse of property;
      7. Obtaining money or property of a client, resident, or other person by theft, fraud, misrepresentation, or duress committed during the course of employment as a certified medication assistant;
      8. Criminal conviction of a misdemeanor that directly relates to or affects the functions of a certified medication assistant or conviction of any felony as set forth in rule;
      9. Putting clients at risk of harm; and
      10. Violating the privacy or failing to maintain the confidentiality of client or resident information.
8. The board shall comply with the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, in taking any disciplinary action against a certified medication assistant and shall maintain records of any such disciplinary action, which records shall be available for public inspection to the same extent as records regarding disciplinary proceedings against nurses and as otherwise consistent with chapter 1, title 74, Idaho Code. The assessment of costs and fees incurred in the investigation and prosecution or defense of a certified medication assistant shall be governed by the provisions of section 12-117(5), Idaho Code.
9. The board shall notify the Idaho nursing assistant registry of any disciplinary action taken against a certified medication assistant pursuant to this section.