Idaho § 39-302 - Definitions
Full text of Idaho Idaho Statutes § 39-302 — Definitions, with citation guidance and answers to common questions.
§ 39-302. Definitions
As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:
(1) "Addiction" or "alcoholism" means a primary, chronic, neurobiological disease with genetic, psychosocial and environmental factors influencing its development and manifestations. It is characterized by behaviors that include one (1) or more of the following: impaired control over drug or alcohol use, compulsive use, continued use despite harm, and craving.
(2) "Adolescent" means an individual twelve (12) years through seventeen (17) years of age.
(3) "Adult" means an individual eighteen (18) years of age or older.
(4) "Alcoholic" means a person who has the disease of alcoholism, which is characterized by behaviors that include one (1) or more of the following: impaired control over alcohol use, compulsive use, continued use despite harm, and craving.
(5) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 39-305 (1), Idaho Code, and approved under the provisions of section 39-305 (3), Idaho Code, and rules promulgated by the board of health and welfare pursuant to this chapter.
(6) "Approved public treatment facility" means a treatment agency operating under the provisions of this chapter through a contract with the department of health and welfare pursuant to section 39-304 (7), Idaho Code, and meeting the standards prescribed in section 39-305 (1), Idaho Code, and approved pursuant to section 39-305 (3), Idaho Code, and rules promulgated by the board of health and welfare pursuant to this chapter.
(7) "ASAM" means the manual of patient placement criteria for the treatment of substance-related disorders published by the American society of addiction medicine.
(8) "Department" means the Idaho department of health and welfare.
(9) "Director" means the director of the Idaho department of health and welfare.
(10) "Drug addict" means a person who has the disease of addiction, which is characterized by behaviors that include one (1) or more of the following: impaired control over drug use, compulsive use, continued use despite harm, and craving.
(11) "Eligibility screening" means the collection and review of information directly related to the individual’s substance use and level of functioning that the department uses to determine whether an individual is eligible for adult or adolescent substance use disorder services available through the department.
(12) "Idaho board of alcohol/drug counselor certification" or "IBADCC" means an entity affiliated with the international certification reciprocity consortium (ICRC) recognized by the department to oversee credentialing of Idaho student of addiction studies and certified alcohol/drug counselors in the state of Idaho.
(13) "Incapacitated by alcohol or drugs" means that a person, as a result of the use of alcohol or drugs, is unconscious or has his judgment otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment.
(14) "Incompetent person" means a person who has been adjudged incompetent by an appropriate court within this state.
(15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of drugs or alcohol.
(16) "Licensed professional" means a person who holds an active license or registration with the applicable jurisdiction for the profession and provides services within the practice authority for the applicable profession consistent with the laws and regulations of the state where services are provided and consistent with the applicable standard of care.
(17) "National certification commission for addiction professionals" or "NCCAP" means an entity recognized by the department to provide counselor certification and endorsements in the state of Idaho.
(18) "Priority population" means individuals who receive services ahead of other persons. Priority populations are determined yearly by the department and align with federally mandated priorities.
(19) "Recovery support services" means those ancillary, nonclinical services needed for a client to maintain substance abuse or addiction recovery. These services may include transportation, childcare, drug testing, safe and sober housing and care management.
(20) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or substances.
(21) "Treatment" means the broad range of emergency, outpatient, intensive outpatient, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, and vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons and/or drug addicts.
[39-302, added 1975, ch. 149, sec. 1, p. 376; am. 1987, ch. 289, sec. 2, p. 610; am. 2006, ch. 407, sec. 1, p. 1232; am. 2008, ch. 94, sec. 1, p. 259; am. 2012, ch. 107, sec. 3, p. 288; am. 2025, ch. 178, sec. 3, p. 843.]
Frequently Asked Questions About Idaho § 39-302
What does Idaho Statutes § 39-302 cover?
Section 39-302 ("Definitions") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 39-302?
A common citation format is "Idaho Statutes § 39-302" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 39-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.