IDAPA 16.05.01
Department employees, contractors, providers of services, and other individuals or entities who request or use that information.
These rules govern the use and disclosure of information maintained by the Department, in compliance with applicable state and federal laws, and federal regulations. These rules apply to all use and disclosure information, regardless of the form in which it is retained or disclosed; and all individuals and entities must comply with any standards in state or federal law or regulation that contain additional requirements or are more restrictive than the requirements of these rules.
This rule implements the following statutes passed by the Idaho Legislature:
Health and Safety -
Vital Statistics:
Artificial Insemination:
Public Assistance and Welfare -
Public Assistance Law:
There is no provision for administrative appeal before the Department. To contest a decision by the department pertaining to access to records and health information, consult the Idaho Public Records Act, Chapter 1, Title 74, Idaho Code, or other relevant provisions of law.
Individuals have a right to review and copy records maintained by the Department, subject to the provisions of the Idaho Public Records Act, Title 74, Chapter 1, Idaho Code, these rules, and state and federal laws that make records confidential. Unless otherwise exempted, all public records in the custody of the Department are subject to disclosure. The Department's Administrative Procedures Section (APS) and designated custodians in Department offices receive and respond to public records requests. APS can be reached at the mailing address for the Department's business office. Non-identifying or non-confidential information provided to the public by the Department in the ordinary course of business is not required to be reviewed by a public records custodian. Original records must not be removed from the Department by individuals who make public records requests.
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
Idaho Department of Health and Welfare
Mailing Address:
Attn: Administrative Procedures Section
P.O. Box 83720
Boise, ID 83720-0036
Phone: (208) 334-5500
Fax: (208) 639-5741, Attn: APS
Email: prr@dhw.idaho.gov
Webpage: https://healthandwelfare.idaho.gov/news-notices/public-records-requests/public-records-requests
Street Address:
450 West State Street, 10th floor
Boise, ID 83702
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
16.05.01 – Use and Disclosure of Department Records
000. Legal Authority. ... 4
001. Scope. ... 4
002. – 010. (Reserved) ... 4
011. Definitions For Vital Statistics. ... 4
012. – 279. (Reserved) ... 5
280. Vital Statistics -- Verification Of Data. ... 5
281. Vital Statistics: Disclosure For Research, Public Health Or Statistical Purposes. .. 5
282. (Reserved) ... 5
283. Vital Statistics: Procedures For Requesting Information. ... 5
284. – 999. (Reserved) ... 5
Sections 39-242, 56-221, 56-222, 56- 1003, and 56-1004, Idaho Code. (7-1-25)
These rules govern the use and disclosure of information maintained by the Department, in compliance with applicable state and federal laws, and federal regulations. (7-1-25)
The definitions provided in Section 011 of these rules apply to Vital Statistics and to the disclosure provisions of Section 39-270, Idaho Code. (3-17-22)
01. Authorized Representative. An attorney, physician, funeral director, a legally designated agent, or an entity whose purpose for obtaining a vital record is to pay direct benefits to a person with a direct and tangible interest. (7-1-26)
02. Individuals with a Direct and Tangible Interest. Individuals who have a direct and tangible interest in a vital record are: (3-17-22)
a. The registrant and that person’s spouse, children, parents, grandparents, grandchildren, siblings, or guardian; (3-17-22)
b. Any other person who demonstrates that the record is needed for the determination or protection of that person’s property right; (3-17-22)
c. An authorized representative of any of these individuals; (3-17-22)
d. The surviving next-of-kin if a deceased registrant has no other surviving family member listed in this subsection; (3-17-22)
e. The Idaho Attorney General, and state and federal prosecuting attorneys, if such attorney submits an affidavit affirming that the record is necessary in the furtherance of the attorney’s official law enforcement duties, is not reasonably available from another source, and that reasonable steps will be taken to preserve the confidentiality of the record; (3-17-22)
f. Any person, upon the order of an Idaho court of competent jurisdiction, where the court finds that disclosure of the record is necessary in the interests of justice; and (3-17-22)
g. Any person with the right to control the disposition of remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan as authorized in Section 54-1142(1) Idaho Code, in accordance with Section 39-270(b), Idaho Code. (3-17-22)
03. Parent. Does not include an individual whose parental rights have been terminated with respect to a specific child. (7-1-26)
04. Public Health. The science and practice of: (7-1-26)
a. Preventing disease, prolonging life, or promoting health within populations and communities; (7-1-26)
b. Control of communicable infections; (7-1-26)
c. Education of the individual in healthy choices; (7-1-26)
d. Promotion of early diagnosis and prevention of disease; and (7-1-26)
e. The overall support and participation in systems that ensure everyone a standard of living to maintain health and longevity. (7-1-26)
05. Research. Organized scientific inquiry or examination of data in order to discover and interpret
facts.
(3-17-22)
06. Statistical Purposes. The collection, analysis, interpretation and presentation of masses of non-identifying numerical information. (3-17-22)
012. – 279. (RESERVED)
01. Verifications. The Registrar will confirm or deny the presence and accuracy of data already known to a governmental agency that requests information from a vital record. Such verifications may be conducted by telephone for Idaho state agencies. Other requests for verification require a signed application on forms provided or approved by the Registrar, and a copy of the front and back of signed photo identification or such other information as the Registrar requests. Verifications may also be conducted via Department automated systems approved by the Registrar. (3-17-22)
02. Administrative Fact of Death Verifications. Upon agreement in writing to such conditions as the Registrar may impose, the Registrar may compare Idaho state agency administrative data to Idaho death data and return an indication of death, also known as fact of death verification, for administrative purposes only. (3-17-22)
03. Verifications to Protect a Person’s Property Right. The State Registrar may approve electronic fact of death verification by entities seeking to determine or protect a person’s property right. (3-17-22)
Upon agreement in writing to such conditions as the Registrar may impose, the Registrar may permit the use of data from vital statistics records for research, public health or statistical purposes. The Registrar may deny a request for access to identifying information if the Registrar determines that the benefits would be outweighed by the possible adverse consequences to those individuals whose records would be used. (3-17-22)
282. (RESERVED)
Individuals who request access to, information from, or copies of vital records must present a signed application on forms provided or approved by the Registrar, and a copy of the front and back of signed photo identification or such other information as the Registrar requests. (7-1-26)
01. Expedited Copy. An expedited certified copy of a vital record may be issued using Department automated systems. (3-17-22)
02. Certified Copy. When a certified copy is issued, it is certified as a true copy or abstract of the original vital record by the Registrar. The certified copy will include the date issued, the Registrar’s signature or an authorized facsimile thereof, and the seal of the issuing office and excluding information contained in the statistical section of any record. Full or short form certified copies of vital records may be issued. (7-1-26)
284. – 999. (RESERVED)