2005 Idaho Code - 39-4515 — HEALTH CARE DIRECTIVE REGISTRY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 45
                  THE MEDICAL CONSENT AND NATURAL DEATH ACT
    39-4515.  HEALTH CARE DIRECTIVE REGISTRY. (1) The secretary of state shall
create and maintain a health care directive registry. The health care
directive registry shall be accessible through a website maintained by the
secretary of state. The information contained in such registry shall include:
the full name of the person executing the health care directive as stated in
the directive, a file identification number unique to the person executing the
directive, and the date the directive was executed.
    (2)  A person may register with the secretary of state a health care
directive or a revocation of a health care directive by submitting the
directive or revocation, completing and submitting an informational
registration form as required by the secretary of state, and paying the
secretary of state the fee which the secretary of state may require for
registering a health care directive. The person who submits a document for
registration pursuant to this section shall provide a return address.
    (3)  The secretary of state may charge and collect a fee not to exceed ten
dollars ($10.00) for the filing of a health care directive. All fees collected
for the filing of a health care directive shall be deposited into the health
care directive registry fund. No fee shall be charged for revoking a health
care directive.
    (4)  Upon receipt of the registration form, the secretary of state shall:
    (a)  Create a digital reproduction of the health care directive or the
    revocation document and the informational registration form;
    (b)  Enter these digitally reproduced documents into the health care
    directive registry database;
    (c)  Assign each entry a unique identification file number and password;
    (d)  Return the original health care directive or revocation thereof to
    the person who submitted the document;
    (e)  Provide to the person who submitted the document a printed record of
    the information entered into the database, the identification file number
    under which it was entered, the password assigned to that identification
    file number; and
    (f)  Provide to the person who submitted the document a wallet-sized card
    that contains the name of the person executing the health care directive
    as it appears on the document, the identification file number assigned to
    the registration, and the password assigned to the identification file
    number.
    (5)  The registry established under this section shall be accessible only
by entering the identification file number and the assigned password on the
health care directive registry website.
    (6)  The secretary of state and those granted access to the health care
directive registry shall use information contained in the registry only for
purposes prescribed in this section. No person granted access to the registry
shall use the information for commercial solicitations or in any fraudulent or
improper way. Any commercial solicitation, fraudulent or improper use of
information contained in the registry shall constitute a violation of this
section and a violation of the Idaho consumer protection act.
    (7)  The secretary of state is not required to review a health care
directive or revocation thereof to ensure that the document complies with any
applicable and statutory  requirements. Entry of a document into the health
care directive registry pursuant to this section does not create a presumption
favoring the validity of the document.
    (8)  The secretary of state shall delete a health care directive and the
informational registration form from the health care directive registry when
the secretary of state receives:
    (a)  A revocation of a health care directive signed by the maker thereof
    or that person's legal representative along with the identification file
    number and assigned password; or
    (b)  Verification from the bureau of health policy and vital statistics of
    the Idaho department of health and welfare that the person who executed
    the health care directive is deceased. The deletion under this paragraph
    shall be performed not less than once every two (2) years. The bureau of
    health policy and vital statistics of the Idaho department of health and
    welfare shall share its registry of death certificates with the secretary
    of state in order to permit the secretary of state to fulfill its
    responsibilities under this paragraph.
    (9)  Neither the secretary of state nor the state of Idaho shall be
subject to civil liability for any claims or demands arising out of the
administration or operation of the health care directive registry.
    (10) There is hereby created in the state treasury the health care
directive registry fund, the moneys of which shall be continuously
appropriated, administered by the secretary of state and used to support,
promote and maintain the health care directive registry. The fund shall
consist of fees paid by persons registering health care directives under this
section and income from investment from the fund, gifts, grants, bequests and
other forms of voluntary donations. On notice from the secretary of state, the
state treasurer shall invest and divest moneys in the fund, and moneys earned
from such investment shall be credited to the fund.