Health Law and Ethics
08.09 Idaho Code Review – Licensure Laws (90 Minutes)
In the previous Homework you have looked at various aspects of the Federal government and in this step and following steps we are now going to look at elements of Idaho Requirements. Going back to the general welfare clause of the Idaho Constitution it is incumbent upon the State of Idaho to assure that persons that practice medicine are properly trained and licensed. As a side note one reason for a license is that to practice medicine in Idaho is a privilege granted to you by the State of Idaho and not a Right granted to you by the Constitution. Therefore, that privilege can be revoked at any time should you fail to meet the standards and your license can be revoked after due process.
Step 01. Start by going to the index for the Idaho Statutes. You will note that the Idaho Code is divided into specific sections. Review the index from the https://legislature.idaho.gov/statutesrules/idstat/ and answer the following questions?
a. How many total Titles are there?
b. Select one of the Titles that interest you.
c. Which Title did you select and what area is regulated that you were not aware had regulations?
Step 02. Now go to Title39 Health and Safety
a. Select a Chapter to review.
b. Which Chapter did you select?
c. Now select a specific section – it will be 39-. Which section did you select?
d. At the very bottom of the section you will see a note similar to this –
[39-5206, added 1982, ch. 181, sec. 1, p. 471.] this tells you when the section was added to Idaho Code.
When was your section added to Idaho Code and was it ever amended and when?
Step 03. Now you will go to Idaho Code Title 39 Chapter 13 – Hospital Licenses and Inspections
a. According to IC 39-1303 after what date did a hospital need to be licensed in Idaho?
b. What year was the requirement amended for licensure?
c. Which specific IC sections are listed as needing a license?
d. The very first area that you need to read of any statute or rule is the definition section. Go to IC39-1301 and answer the following:
a. Who is a person? Rules will state that no person shall do or not do something.
b. Who is a physician? This is key because it defines a hospital as being operated by a physician?
c. If you had a “hospital’ and took care of 1 (one) patient would you be required to be licensed?
d. Why do you think this would be the case?
e. Nurses are not defined in this section of the Idaho Code – as you read the definitions where would you expect to see a definition of a nurse?