Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS
Section 16.06.05.010 - DEFINITIONS

Universal Citation: ID Admin Code 16.06.05.010

Current through September 2, 2024

The following terms are used in this chapter as defined below:

01. Central Office. The state-level administrative office of the Department of Health and Welfare located in Boise, Idaho.

02. Department. The Idaho Department of Health and Welfare.

03. Director. The Director of the Idaho Department of Health and Welfare or their designee.

04. Family and Children's Services (FACS). Those programs and services directed to families and children, administered by the Department of Health and Welfare.

05. Field Office. A Department of Health and Welfare service delivery site.

06. Infant. An infant less than one (1) year of age or older than one (1) year of age but less than two (2) years of age who has been continuously hospitalized since birth, who was born extremely prematurely, or who has a long-term disability.

07. Infant -- Extremely Premature. An infant born before the twenty-seventh week or weighing less than one thousand (1,000) grams or having a crown-heel length that is less than forty-seven (47) centimeters or with occipito-frontal diameter less than eleven and one-half (11.5) centimeters.

08. Reasonable Medical Judgment. A medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. Such a judgment may not take into account the future extent of the infant's disability or social or economic factors related to the infant or family.

09. Regional Office. An Idaho Department of Health and Welfare office located in one (1) of seven (7) areas of the state that comprises a geographically defined service area for the administration and delivery of the Department's services.

10. Withholding of Medically Indicated Treatment.

a. The failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration and medication which, in the treating physician's reasonable medical judgment, will most likely be effective in ameliorating or correcting all such conditions.

b. The term does not include the failure to provide treatment, other than appropriate nutrition, hydration, or medication, to an infant when, in the treating physician's reasonable medical judgment, any of the following circumstances apply:
i. The infant is chronically and irreversibly comatose; or

ii. The provision of such treatment would merely prolong dying, would not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or would otherwise be futile in terms of the survival of the infant; or

iii. The provision of such treatment would be virtually futile in terms of the survival of the infant, and the treatment itself under such circumstances would be inhumane.

Effective March 17, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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