US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-117A.  REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED
ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS. (1) When the employment of
a health care provider has been terminated, either voluntarily or
involuntarily, for adulteration or misappropriation of controlled substances,
as defined in chapter 27, title 37, Idaho Code, the employer shall, within
thirty (30) days of the termination, furnish written notice of the
termination, described herein as "notice of termination," to the health care
provider's professional licensing board of the state of Idaho, which shall
include a description of the controlled substance adulteration or
misappropriation involved in the termination. An employer who in good faith
provides such information shall not be held civilly liable for the disclosure
or the consequences of providing the information. There is a rebuttable
presumption that an employer is acting in good faith when the employer
provides such information. The presumption of good faith is overcome only upon
showing by clear and convincing evidence that the employer disclosed the
information with actual malice or with deliberate intent to mislead. For the
purposes of this section, "actual malice" means knowledge that the information
was false or given with reckless disregard of whether the information was
false. For the purposes of this section, the term "health care provider" means
any person licensed by a professional licensing board of the state of Idaho
whose license permits the health care provider to dispense or administer
controlled substances. For the purposes of this section, "employer" means a
person or entity licensed under chapter 18, title 54, Idaho Code, or chapter
13, title 39, Idaho Code, who employs a health care provider or providers.
    (2)  A professional licensing board that receives a notice of termination
from an employer pursuant to subsection (1) of this section shall maintain the
notice of termination for the health care provider. The notice of termination
shall be subject to disclosure in accordance with the provisions of subsection
(3) of this section.
    (3)  Any prospective employer of a health care provider shall, before
hiring such health care provider, request in writing that the health care
provider's professional licensing board furnish the prospective employer any
notice of termination maintained by the board with respect to the health care
provider. The prospective employer shall maintain the confidentiality of such
information and shall not disclose it to any other person or entity without
the prior written approval of the health care provider or as required by law,
court order or the rules of civil procedure. The professional licensing board
shall require, as a condition of furnishing the notice of termination, that
the prospective employer file a written request for the health care provider's
notice of termination, stating under oath that the request for the notice of
termination is made for a bona fide hiring purpose, that the request is made
pursuant to the provisions of this section, and that the prospective employer
will not disclose the information to any other person or entity without the
prior written approval of the health care provider or as required by law,
court order or rules of civil procedure. In the event that the prospective
employer discloses the information in the notice of termination to any other
person or entity in violation of the provisions of this section, and unless
the disclosure is required by law, court order or the rules of civil
procedure, the health care provider may pursue a civil cause of action against
the prospective employer for a breach of the health care provider's right of
privacy. Upon receipt of a request made in accordance with this section for a
health care provider's notice of termination, the professional licensing board
shall furnish the notice of termination to the prospective employer. The
professional licensing board shall not be held liable for the correctness or
completeness of the information contained in the notice of termination and
shall include a disclaimer statement on all released information, attesting
that the information has not been verified by the professional licensing
board. An employer who obtains a notice of termination from the appropriate
professional licensing board as provided in this section shall not be held
civilly liable for hiring or contracting with a health care provider who the
employer in good faith believes has been rehabilitated from drug abuse, absent
the employer's gross negligence or reckless conduct.
    (4)  Notices of termination submitted hereunder shall be maintained and
available to employers as set forth above for fifteen (15) years from the date
of receipt by the professional licensing board.