Amends and repeals existing law to revise provisions regarding the Board of Health and Welfare, substate administrative regions, and regional behavioral health boards.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1314 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; AMENDING SECTION 56-1001,2 IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 56-1002, IDAHO3 CODE, TO REMOVE A PROVISION REGARDING SUBSTATE ADMINISTRATIVE REGIONS;4 REPEALING SECTION 56-1005, IDAHO CODE, RELATING TO THE BOARD OF HEALTH5 AND WELFARE; AMENDING SECTION 56-1006, IDAHO CODE, TO PROVIDE THAT6 CERTAIN REFERENCES TO THE BOARD OF HEALTH AND WELFARE SHALL MEAN THE7 DEPARTMENT OF HEALTH AND WELFARE AND TO PROVIDE THAT CERTAIN RULES SHALL8 REMAIN IN FULL FORCE AND EFFECT; AMENDING SECTION 59-904, IDAHO CODE,9 TO REVISE PROVISIONS REGARDING THE FILLING AND CONFIRMATION OF CERTAIN10 STATE OFFICES; AMENDING SECTION 39-3123, IDAHO CODE, TO REMOVE OBSOLETE11 LANGUAGE; REPEALING SECTION 39-3124, IDAHO CODE, RELATING TO THE IDAHO12 BEHAVIORAL HEALTH COOPERATIVE; AMENDING SECTION 39-3125, IDAHO CODE,13 TO REVISE PROVISIONS REGARDING THE STATE BEHAVIORAL HEALTH PLANNING14 COUNCIL AND TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 39-3127,15 IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 39-3129,16 IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 39-3131,17 IDAHO CODE, TO REMOVE A PROVISION REGARDING REGIONAL BEHAVIORAL HEALTH18 BOARDS; REPEALING SECTION 39-3132, IDAHO CODE, RELATING TO ESTABLISH-19 MENT OF REGIONAL BEHAVIORAL HEALTH BOARDS; REPEALING SECTION 39-3133,20 IDAHO CODE, RELATING TO THE EXECUTIVE COMMITTEE OF THE REGIONAL BEHAV-21 IORAL HEALTH BOARDS; REPEALING SECTION 39-3134, IDAHO CODE, RELATING TO22 MEMBERS, TERMS, AND APPOINTMENT OF REGIONAL BEHAVIORAL HEALTH BOARDS;23 REPEALING SECTION 39-3135, IDAHO CODE, RELATING TO POWERS AND DUTIES;24 AND DECLARING AN EMERGENCY.25

Be It Enacted by the Legislature of the State of Idaho:26

SECTION 1. That Section 56-1001, Idaho Code, be, and the same is hereby27 amended to read as follows:28 56-1001. DEFINITIONS. Whenever used or referred to in this chapter,29 unless a different meaning clearly appears from the context, the following30 terms shall have the following meanings:31 (1) "Biological agent" means a bacterium, virus, fungus, protozoan,32 parasite, or other microorganism and associated toxins with the ability to33 adversely affect human health or cause death.34 (2) "Board" means the board of health and welfare as created in section35 56-1005, Idaho Code.36 (3) "Chemical agent" means any chemical that through its chemical ac-37 tion on life processes can cause death, temporary incapacitation, or perma-38 nent harm to humans or animals.39 (4) "Department" means the department of health and welfare.40 (5) "Director" means the director of the department of health and wel-41 fare.42

2 (6) "Isolation" means the separation of a person diagnosed with an in-1 fectious or a communicable disease, presenting medically unknown symptoms,2 or contaminated from a chemical, nuclear, or biological agent for a period of3 time limited to when the person is infectious, displaying medically unknown4 symptoms, or contaminated.5 (7) "Laboratory" means not only facilities for biological, serologi-6 cal, biophysical, cytological and pathological tests but also facilities7 for the chemical or other examination of materials from water, air or other8 substances.9 (8) "Medically unknown symptoms" means symptoms that are or could be10 suggestive of an infectious or communicable disease and that do not suffi-11 ciently reveal the structural or other specified pathology of an illness on12 initial examination.13 (9) "Person" means any individual, association, partnership, firm,14 joint stock company, trust, estate, political subdivision, public or pri-15 vate corporation, state or federal governmental department, agency or16 instrumentality, or any other legal entity recognized by law as the subject17 of rights and duties.18 (10) "Public swimming pool" means an artificial structure, and its ap-19 purtenances, that contains water more than two (2) feet deep that is used or20 intended to be used for swimming or recreational bathing, and that is for the21 use of any segment of the public pursuant to a general invitation but not an22 invitation to a specific occasion or occasions. The term does not include23 a swimming pool operated solely for and in conjunction with a hotel, motel24 or other place of lodging, or a trailer park, apartment, condominium or any25 other residential facility containing multiple dwellings.26 (11) "Quarantine" means the separation of a person exposed to:27 (a) An infectious or a communicable disease;28 (b) Another person displaying medically unknown symptoms; or29 (c) Another person exposed to contamination from a chemical, nuclear,30 or biological agent;31 under circumstances likely to result in the spread of the disease, symptoms,32 or contaminant to the person who had such contact. The separation may last33 only for a reasonable period of time sufficient to determine whether or not34 the exposed person will become sick.35 (12) "Restricted access" means limited or disallowed access to an area:36 (a) That has been cordoned off;37 (b) At which signs have been posted limiting or disallowing access; or38 (c) To which entry or exit has in some other way been limited or blocked.39 (13) "State" means the state of Idaho.40 (14) "Substantive" means that which creates, defines or regulates the41 rights of any person or implements, interprets or prescribes law or policy,42 but does not include statements concerning only the internal management of43 the department and not affecting private rights or procedures available to44 the public.45

SECTION 2. That Section 56-1002, Idaho Code, be, and the same is hereby46 amended to read as follows:47 56-1002. DEPARTMENT OF HEALTH AND WELFARE -- CREATION -- ADMINISTRA-48 TIVE REGIONS. (1) There is created and established in the state government a49

3 department of health and welfare which shall, for the purposes of section 20,1 article IV of the constitution of the state of Idaho, be an executive depart-2 ment of the state government. The executive and administrative power of this3 department shall be vested in the director of the department who shall be ap-4 pointed by and serve at the pleasure of the governor, with the advice and con-5 sent of the senate.6 (2) The department shall be organized into such administrative and gen-7 eral services divisions as may be necessary in order to efficiently adminis-8 ter the department. Each division shall be headed by a division administra-9 tor who shall be appointed by and serve at the pleasure of the director with10 the concurrence of the board. Any new bureau chief hired to head a bureau11 shall be appointed by and serve at the pleasure of the director with the con-12 currence of the board.13 (3) In order to provide more effective and economical access to the14 state health and social services by the people of Idaho, the governor is15 hereby authorized to establish substate administrative regions. In the16 designation of these regions specific consideration shall be given to the17 geographic and economic convenience of the citizens included therein. Each18 substate administrative region shall be headed by a regional director who19 shall be appointed by and serve at the pleasure of the director with the con-20 currence of the board.21

SECTION 3. That Section 56-1005, Idaho Code, be, and the same is hereby22 repealed.23

SECTION 4. That Section 56-1006, Idaho Code, be, and the same is hereby24 amended to read as follows:25 56-1006. TITLE SUPERSEDED. Except with respect to environmental pro-26 tection functions, wherever the words "board of health" or "board of health27 and welfare" appear in the Idaho Code, they shall mean the board department28 of health and welfare, and wherever the words "administrator of health"29 appear in the Idaho Code, they shall mean the director of the department of30 health and welfare, and wherever the words "department of health" appear31 in the Idaho Code, they shall mean the department of health and welfare.32 Notwithstanding any other provision of law to the contrary, all rulemaking33 vested in the board of health and welfare shall now be vested in the depart-34 ment. Nothing in this section shall be construed to invalidate or otherwise35 require repromulgation of any existing rules promulgated by the board of36 health and welfare. All existing rules promulgated by the board of health37 and welfare shall continue in full force and effect as if adopted by the38 department and shall remain in effect until amended or repealed by the de-39 partment, rejected by the legislature, or otherwise changed pursuant to law.40

SECTION 5. That Section 59-904, Idaho Code, be, and the same is hereby41 amended to read as follows:42 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All43 vacancies in any state office, and in the supreme and district courts, unless44 otherwise provided for by law, shall be filled by appointment by the gover-45 nor. Appointments to fill vacancies pursuant to this section shall be made46

4 as provided in subsections (b), (c), (d), (e), (f) and (g) of this section,1 subject to the limitations prescribed in those subsections.2 (b) Nominations and appointments to fill vacancies occurring in the of-3 fice of lieutenant governor, state controller, state treasurer, superinten-4 dent of public instruction, attorney general and secretary of state shall be5 made by the governor, subject to the advice and consent of the senate, for6 the balance of the term of office to which the predecessor of the person ap-7 pointed was elected.8 (c) Nominations and appointments to and vacancies in the following9 listed offices shall be made or filled by the governor subject to the advice10 and consent of the senate for the terms prescribed by law, or in case such11 terms are not prescribed by law, then to serve at the pleasure of the gover-12 nor:13 Director of the department of administration,14 Director of the department of finance,15 Director of the department of insurance,16 Director, department of agriculture,17 Director of the department of water resources,18 Director of the Idaho state police,19 Director of the department of commerce,20 Director of the department of labor,21 Director of the department of environmental quality,22 Director of the department of juvenile corrections,23 Director of the department of health and welfare,24 Executive director of the commission of pardons and parole,25 The state historic preservation officer,26 The administrator of the division of human resources,27 Member of the state tax commission,28 Members of the board of regents of the university of Idaho and the state29 board of education,30 Members of the Idaho water resource board,31 Members of the state fish and game commission,32 Members of the Idaho transportation board,33 Voting members of the state board of health and welfare,34 Members of the board of environmental quality,35 Members of the board of directors of state parks and recreation,36 Members of the board of correction,37 Members of the industrial commission,38 Members of the Idaho public utilities commission,39 Members of the Idaho personnel commission,40 Members of the board of directors of the Idaho state retirement system,41 Members of the board of directors of the state insurance fund,42 Members of the commission of pardons and parole.43 (d) Appointments made by the state board of land commissioners to the44 office of director, department of lands, and appointments to fill vacancies45 occurring in those offices shall be submitted by the president of the state46 board of land commissioners to the senate for the advice and consent of the47 senate in accordance with the procedure prescribed in this section.48 (e) Appointments made pursuant to this section while the senate is in49 session shall be submitted along with the letter of appointment to the sen-50

5 ate forthwith for the advice and consent of that body. Appointments made1 pursuant to this section while the senate is not in session shall be submit-2 ted along with the letter of appointment to the senate pursuant to section3 67-803, Idaho Code. Should the senate adjourn without granting its consent4 to an appointment the appointment shall thereupon become void and a vacancy5 in the office to which the appointment was made shall exist, and the office6 shall be deemed vacant upon the date of adjournment. It is the duty of the ap-7 pointing authority to supply the senate with the letter of appointment. The8 appointee shall supply the senate with the documentation it requests.9 All appointments made pursuant to subsection (c) of this section, ex-10 cept those appointments for which a term of office is fixed by law, shall ter-11 minate at the expiration of any gubernatorial term. Appointments to fill the12 vacancies thus created by the expiration of the term of office of the gover-13 nor shall be forthwith submitted to the senate for the advice and consent of14 that body, and when so submitted shall be as expeditiously considered as pos-15 sible.16 Upon receipt of an appointment along with the letter of appointment in17 the senate for the purpose of securing the advice and consent of the sen-18 ate, the appointment shall be referred by the presiding officer to the appro-19 priate committee of the senate for consideration and report prior to action20 thereon by the full senate.21 (f) Excepting the appointments made pursuant to subsection (c) of this22 section, whenever an appointee's term has expired as prescribed by law,23 the governor or the authorized appointing authority must fill the position24 within twelve (12) months of the expiration of the term. However, an of-25 fice will be vacant if the governor or the authorized appointing authority:26 (i) fails to timely appoint a qualified person at the earlier of the time27 required by law or required in this subsection; or (ii) fails to provide28 the senate with an appropriate letter or document of appointment by the29 thirty-sixth legislative day of the subsequent legislative session. All30 letters or documents of appointment must, as reasonably possible, accompany31 the additional documentation required by the senate. At the request of the32 secretary of the senate, the governor or the authorized appointing authority33 must provide the additional documentation.34 (g) It is the intent of the legislature that the provisions of this sec-35 tion as amended by this chapter shall not apply to appointments which have36 been made prior to the effective date of this chapter. It is the further in-37 tent of the legislature that the provisions of this section shall apply to38 the offices listed in this section and to any office created by law or exec-39 utive order which succeeds to the powers, duties, responsibilities and au-40 thorities of any of the offices listed in subsections (c) and (d) of this sec-41 tion.42

SECTION 6. That Section 39-3123, Idaho Code, be, and the same is hereby43 amended to read as follows:44 39-3123. DESIGNATION OF STATE MENTAL HEALTH AUTHORITY AND STATE SUB-45 STANCE USE DISORDER AUTHORITY. The Idaho department of health and welfare is46 hereby designated the state mental health authority and the state substance47 use disorder authority, hereinafter referred to as the state behavioral48 health authority. The state behavioral health authority is responsible49

6 for overseeing the state of Idaho's behavioral health system of care. The1 department shall fulfill this role through a collaborative process, taking2 into consideration and incorporating whenever reasonably possible the rec-3 ommendations and evaluations of the state behavioral health planning coun-4 cil and the regional behavioral health boards in all statewide efforts to5 expand, improve, modify or transform the behavioral health service delivery6 system of the state. The provisions of this section shall not prohibit ap-7 propriations to executive agencies or the judiciary to fund community-based8 behavioral health treatment within their target population. The behavioral9 health authority shall report utilization, performance, outcome and other10 quality assurance data to the state behavioral health planning council and11 the regional behavioral health board on an annual basis.12

SECTION 7. That Section 39-3124, Idaho Code, be, and the same is hereby13 repealed.14

SECTION 8. That Section 39-3125, Idaho Code, be, and the same is hereby15 amended to read as follows:16 39-3125. STATE BEHAVIORAL HEALTH PLANNING COUNCIL. (1) A state be-17 havioral health planning council, hereinafter referred to as the planning18 council, shall be established to serve as an advocate for children and adults19 with behavioral health disorders; to advise the state behavioral health20 authority on issues of concern, on policies and on programs and to provide21 guidance to the state behavioral health authority in the development and22 implementation of the state behavioral health systems plan; to monitor and23 evaluate the allocation and adequacy of behavioral health services within24 the state on an ongoing basis; to monitor and evaluate the effectiveness of25 state laws that address behavioral health services; to ensure that individ-26 uals with behavioral health disorders have access to prevention, treatment27 and rehabilitation services; to serve as a vehicle for policy and program28 development; and to present to the governor, the judiciary and the legis-29 lature by June 30 of each year a report on the council's activities and an30 evaluation of the current effectiveness of the behavioral health services31 provided directly or indirectly by the state to adults and children. The32 planning council shall establish readiness and performance criteria for the33 regional boards to accept and maintain responsibility for family support and34 recovery support services. The planning council shall evaluate regional35 board adherence to the readiness criteria and make a determination if the36 regional board has demonstrated readiness to accept responsibility over the37 family support and recovery support services for the region. The planning38 council shall report to the behavioral health authority if it determines a39 regional board is not fulfilling its responsibility to administer the fam-40 ily support and recovery support services for the region and recommend the41 regional behavioral health centers assume responsibility over the services42 until the board demonstrates it is prepared to regain the responsibility.43 (2) The planning council shall be appointed by the governor and be44 comprised of no more than fifty percent (50%) state employees or providers45 of behavioral health services. Membership shall also reflect to the extent46 possible the collective demographic characteristics of Idaho's citizens.47 The planning council membership shall include representation from con-48

7 sumers; families of adults with serious mental illness or substance use1 disorders; behavioral health advocates; prevention specialists; principal2 state agencies and the judicial branch with respect to behavioral health,3 education, vocational rehabilitation, adult correction, juvenile justice4 and law enforcement, title XIX of the social security act and other enti-5 tlement programs; and public and private entities concerned with the need,6 planning, operation, funding and use of mental health services or substance7 use disorders, and related support services; and the regional behavioral8 health board in each department of health and welfare region as provided for9 in section 39-3134, Idaho Code. The planning council may include members of10 the legislature.11 (3) The planning council members will serve a term of two (2) years or12 at the pleasure of the governor, provided however, that of the members first13 appointed, one-half (1/2) of the appointments shall be for a term of one (1)14 year and one-half (1/2) of the appointments shall be for a term of two (2)15 years. The governor will appoint a chair and a vice-chair whose terms will be16 two (2) years.17 (4) The council may establish subcommittees at its discretion.18

SECTION 9. That Section 39-3127, Idaho Code, be, and the same is hereby19 amended to read as follows:20 39-3127. COORDINATION OF SERVICES BETWEEN REGIONS AND STATE. The di-21 rector of the department of health and welfare shall coordinate services22 between the regional behavioral health centers, regional behavioral health23 boards and the state psychiatric hospitals.24

SECTION 10. That Section 39-3129, Idaho Code, be, and the same is hereby25 amended to read as follows:26 39-3129. DIVISION ADMINISTRATOR FOR REGIONAL BEHAVIORAL HEALTH CEN-27 TERS -- DUTIES. The director of the department of health and welfare shall28 appoint a division administrator to manage the regional behavioral health29 centers and shall supervise its program; shall prescribe uniform standards30 of treatment, services and care provided by the regional behavioral health31 centers and regional behavioral health boards; shall set the professional32 qualifications for staff positions; and make such other policy as are neces-33 sary and proper to carry out the purposes and intent of this chapter.34

SECTION 11. That Section 39-3131, Idaho Code, be, and the same is hereby35 amended to read as follows:36 39-3131. BEHAVIORAL HEALTH SERVICES TO BE OFFERED. The regional be-37 havioral health center shall provide or arrange for the delivery of services38 that, combined with community family support and recovery support services39 provided through the regional behavioral health boards, medicaid and ser-40 vices delivered through a private provider network, will lead to the estab-41 lishment of a comprehensive regional behavioral health system of care that42 incorporates patient choice and family involvement to the extent reasonably43 practicable and medically and professionally appropriate. The regional be-44

8 havioral health center shall provide or arrange for the delivery of the fol-1 lowing services:2 (1) Treatment services for individuals who do not have other benefits3 available to meet their behavioral health needs as resources allow includ-4 ing, but not limited to, psychiatric services, medication management, re-5 habilitative and community-based services, outpatient and intensive outpa-6 tient services, assertive community treatment, case management and residen-7 tial care;8 (2) Community family support and recovery support services as defined9 in section 39-3135(7), Idaho Code, until the regional behavioral health10 board can meet the initial readiness criteria and voluntarily accepts re-11 sponsibility for these services or if the regional behavioral health board12 fails to sustain criteria to maintain responsibility for these services;13 (3) (2) Evaluation and intervention for individuals experiencing a be-14 havioral health emergency;15 (4) (3) Hospital precare and postcare services, in cooperation with16 state and community psychiatric hospitals, for individuals who have been17 committed to the custody of the director of health and welfare pursuant18 to sections 18-212 and 66-329, Idaho Code, or who are under an involuntary19 treatment order pursuant to chapter 24, title 16, Idaho Code;20 (5) (4) Evaluation and securing mental health treatment services as21 ordered by a court for individuals pursuant to section 19-2524, 20-511A or22 20-519B, Idaho Code; and23 (6) (5) Evaluation and securing treatment services for individuals who24 are accepted into mental health courts.25

SECTION 12. That Section 39-3132, Idaho Code, be, and the same is hereby26 repealed.27

SECTION 13. That Section 39-3133, Idaho Code, be, and the same is hereby28 repealed.29

SECTION 14. That Section 39-3134, Idaho Code, be, and the same is hereby30 repealed.31

SECTION 15. That Section 39-3135, Idaho Code, be, and the same is hereby32 repealed.33

SECTION 16. An emergency existing therefor, which emergency is hereby34 declared to exist, this act shall be in full force and effect on and after its35 passage and approval.36