IDAPA 24.33.01
Who does this rule apply to? This rule applies to medical physicians, osteopathic physicians, and physician assistants who are licensed or seek to be licensed under the Board of Medicine.
What is the purpose of this rule? The purpose of this rule is to provide information on the eligibility and requirements for licensure and renewal licensure, licensure fees, and continuing education requirements. In addition, this rule provides guidelines for registration of supervising and directing physicians who supervise interns, residents, physician assistants, athletic trainers, and cosmetic medical providers.
This rule implements the following statutes passed by the Idaho Legislature:
The Medical Practice Act
Physicians and Physician Assistants:
State Board of Medicine
Division of Occupational and Professional Licenses
8 a.m. to 5 p.m., Mountain Time, Monday through Friday, except state holidays
11341 W Chinden Blvd, Bldg 4, Boise, ID 83714
Phone: (208) 334-3233
E-mail: DOPLboardsupport@dopl.idaho.gov
Website: https://dopl.idaho.gov/bom/
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.
24.33.01 – Rules of the Board of Medicine for the Practice of Medicine and Osteopathic Medicine in Idaho
| 000. Legal Authority. | 3 |
|---|---|
| 001. Scope. | 3 |
| 002. Definitions. | 3 |
| 003. Abbreviations. | 3 |
| 004. -- 099.(Reserved) | 4 |
| 100. Licensure. | 4 |
| 101. -- 199.(Reserved) | 6 |
| 200. Practice Standards. | 6 |
| 201. -- 299.(Reserved) | 8 |
| 300. Discipline. | 8 |
| 301. -- 399.(Reserved) | 10 |
| 400. Fees. | 10 |
| 401. -- 799.(Reserved) | 10 |
| 800. Physician Panel For Prelitigation Consideration Of Malpractice Claims. | 10 |
| 801. -- 999.(Reserved) | 11 |
These rules are promulgated pursuant to Sections 6-1002, 54-1806 54-1806A, 54-1807, 54-1812, 54-1813, 54-1814, 54-1841, and 54-1867 Idaho Code. (7-1-25)
These rules govern the practice of medicine and osteopathic medicine in Idaho. Nothing in this rule chapter authorizes the practice of medicine or any of its branches by a person not so licensed by the Board. (7-1-25)
01. Ablative. The separation, eradication, removal, or destruction of human tissue. (7-1-25)
02. Acceptable International School of Medicine. An international medical school located outside the United States or Canada that meets the standards for medical educational facilities set forth in Subsection 100.02 and is accredited by the ECFMG. (7-1-25)
03. Acceptable Intern or Resident Training Program. A medical training program or course of medical study that has been approved by the LCME, Council on Medical Education or COCA of the AOA. (7-1-25)
04. Acceptable Postgraduate Training Program. A post graduate medical training program or course of medical study that has been approved by the ACGME or AOA. (7-1-25)
05. Cosmetic Treatment. An aesthetic treatment prescribed by a physician for a patient that uses prescriptive medical/cosmetic devices or products to penetrate or alter human tissue. (7-1-25)
06. Directing Physician. A designated Idaho licensed physician, registered with the Board pursuant to this chapter and Title 54, Chapter 39, Idaho Code, who oversees the practice of athletic training and is responsible for the athletic training services provided by the athletic trainer. (7-1-25)
07. Incisive. The power and quality of cutting of human tissue. (7-1-25)
08. Medical Personnel. An individual who, under the direction and supervision of a supervising physician, pursuant to the applicable Idaho statutes and the applicable rules promulgated by the Board, provides treatments to patients. (7-1-25)
09. Parenteral Admixture. A preparation of sterile products intended for administration by injection. (7-1-25)
10. Prescriptive Medical/Cosmetic Device. An FDA-approved prescriptive device that uses waveform energy including, but not limited to, intense pulsed light or lasers, to cosmetically alter human tissue. (7-1-25)
11. Prescriptive Medical/Cosmetic Product. An FDA-approved prescriptive product whose primary intended use of the product is achieved through chemical action and cosmetically alters human tissue including, but not limited to, filler substances such as collagen or fat; lipo transfer; muscle immobilizers or sclerosing agents. (7-1-25)
12. Supervising Physician of Interns or Residents. Any person approved by the Board who is licensed to practice medicine and surgery or osteopathic medicine and surgery in Idaho, who signs the application for registration of an intern or resident, and who is responsible for the direction and supervision of their activities. (7-1-24)
13. Supervising Physician of Medical Personnel. An Idaho licensed physician who supervises and has full responsibility for treatments provided by medical personnel. (7-1-25)
01. ACGME. Accreditation Council for Graduate Medical Education. (3-28-23)
02. AOA. American Osteopathic Association. (3-28-23)
---03. COCA. Commission on Osteopathic College Accreditation. (3-28-23) - 04. ECFMG. Educational Commission for Foreign Medical Graduates. (3-28-23) - 05. FAIMER. Foundation for Advancement of International Medical Education. (3-28-23) - 06. FDA. United States Food and Drug Administration. (7-1-25) - 07. FSMB. Federation of State Medical Boards. (3-28-23) - 08. LCME. Liaison Committee on Medical Education. (3-28-23) - 09. USMLE. United States Medical Licensing Exam. (3-28-23) - 10. WFME. World Federation for Medical Education. (3-28-23)004. -- 099. (RESERVED)*100. LICENSURE.--- 01. General Qualifications for Licensure and Renewal. (7-1-25) - a. Residence. No period of residence in Idaho is required of any applicant, however, each applicant for licensure must be legally able to work and live in the United States. Original documentation of lawful presence in the United States must be provided upon request. The Board may refuse licensure or to renew a license if the applicant is not lawfully present in the United States. (7-1-25) - b. Special Purpose Examination. Upon inquiry, if further examination is required, the Board may require passage of the Special Purpose Examination (SPEX) administered by the FSMB, a post licensure assessment conducted by the FSMB, or an evaluation by an independent agency accepted by the Board to evaluate physician competence. (3-28-23) - c. Board Determinations. When the Board deems necessary, it may limit, condition, or restrict a newly issued license based on the Board's determination and the recommendation of the assessment or evaluation. (7-1-25) - d. Postgraduate Training Program. Successful completion of one year of a medical residency or internship program constitutes successful completion of a postgraduate training program acceptable to the Board. (3-28-23)02. Licensure for Graduates of International Medical Schools Located Outside of the United States and Canada. (7-1-25) - a. International Medical Graduate. In addition to meeting the General Qualifications for Licensure and Renewal, graduates of international medical schools located outside of the United States and Canada, who do not meet the requirements set forth in Section 54-1812, Idaho Code, must submit to the Board: (7-1-25) - i. Original certificate from the ECFMG or original documentation that the applicant has passed the examination either administered or recognized by the ECFMG and passed an examination acceptable to the Board that demonstrates qualification for licensure or successfully completed the USMLE; (3-28-23) - ii. Original documentation directly from the international medical school that establishes to the satisfaction of the Board that the international medical school meets the standards for medical educational facilities set forth in Subsection 100.02.b. of this Rule; (7-1-25) - iii. A transcript from the international medical school showing successful completion of all the courses---
taken and grades received and original documentation of successful completion of all clinical coursework; and (3-28-23)
iv. Original documentation of successful completion of two (2) years of progressive postgraduate training at one (1) training program accredited for internship, residency, or fellowship training by the ACGME, AOA or the Royal College of Physicians and Surgeons of Canada or its successor organization, provided however, a resident who is attending an Idaho based residency program may be licensed after successful completion of one (1) years of progressive post graduate training, if the following conditions are met: (3-28-23)
(1) Written approval of the residency program director; (3-28-23) (2) Signed written contract with the Idaho residency program to complete the entire residency program; (3-28-23) (3) Remained in good standing at the Idaho-based residency program; (3-28-23) (4) Notified the Board within thirty (30) days if there is a change in circumstances or affiliation with the program; and (3-28-23) (5) Received an MD or DO degree from an approved school that is eligible for Idaho licensure after graduation. (7-1-25)
b. International Medical School Requirements. An international medical school must be listed in the World Directory of Medical Schools, a joint venture of WFME and FAIMER. Graduates of schools not listed in WFME or FAIMER must submit to the Board original documentation of three (3) of the four (4) requirements listed below: (3-28-23)
i. A valid ECFMG Certificate. (3-28-23) ii. Successful completion of three (3) years of progressive post graduate training at one (1) training program accredited for internship, residency or fellowship training in an ACGME or AOA or Royal College of Physicians and Surgeons of Canada or its successor organization's approved program. (3-28-23) iii. Current board certification by a specialty board approved by the American Board of Medical Specialties or the AOA. (3-28-23) iv. Evidence of five (5) years of unrestricted practice as a licensee of any United States or Canadian jurisdiction. (3-28-23)
03. Temporary Registration. (7-1-25)
a. Eligibility. Any person practicing under the supervision of an Idaho-licensed physician as part of a postgraduate medical training program. (7-1-25)
b. Registration Certificate. Each registration will be issued for a period of one (1) year and will identify the supervising physician. Each registrant will notify the Board in writing of any change of the supervising physician or the program or course of study fourteen (14) days prior to any such change. If the Board deems the applicant qualified, and if the course of study requires, the Board may additionally certify on the registration certificate that the registrant is qualified to write prescriptions for Class III through Class V scheduled medications. (7-1-24)
c. Discipline. Registrations may be terminated, suspended, or made conditional by the Board on the grounds set forth in Section 54-1814, Idaho Code. (7-1-24)
d. Annual Renewal. Registration may be renewed annually and, if not renewed by the expiration date, will be canceled. (7-1-24)
e. Notification of Changes. Registrants must notify the Board in writing of any adverse action or termination, whatever the outcome, from any post graduate training program and any name changes within fourteen (14) days of such event. (7-1-24)
f. Disclosure. A registrant must ensure patients are informed that the registrant is currently enrolled in a post graduate training program and working under the supervision of a licensed physician. (7-1-24)
a. Renewal. Prior to license renewal, each licensee shall provide an attestation indicating that they have either: (7-1-25)
i. Completed no less than forty (40) hours of practice-relevant CME during the prior two (2) years; (7-1-25)
ii. Maintained current board certification from the American Board of Medical Specialties, the AOA, or the Royal College of Physicians and Surgeons of Canada or its successor organization; or (7-1-25)
iii. Participated full time in a residency or fellowship training program at a professionally accredited institution. (7-1-25)
b. Verification of Compliance. The Board, in its discretion, may require such additional evidence as is necessary to verify compliance. (7-1-25)
a. Responsibilities. A collaborating physician is responsible for complying with the requirements set forth in Title 54, Chapter 18 and IDAPA 24.33.02 when collaborating and consulting in the medical services provided by any physician assistant or graduate physician assistant either through a collaborative practice agreement or through the facility bylaws or procedures of any facility with credentialing and privileging systems. (3-28-23)
a. Responsibilities. The directing physician accepts full responsibility for the acts and athletic training services provided by the athletic trainer and oversees the practice of athletic training of the athletic trainer, and for the supervision of such acts which include, but are not limited to: (3-28-23)
i. An on-site visit at least semiannually to personally observe the quality of athletic training services provided; and (3-28-23)
ii. Recording of a periodic review of a representative sample of the records, including, but not limited to, records made from the past six (6) months of the review to evaluate the athletic training services that were provided. (3-28-23)
b. Scope of Practice. The directing physician must ensure the scope of practice of the athletic trainer, as set forth in IDAPA 24.33.05, and Section 54-3903, Idaho Code, will be limited to and consistent with the scope of practice of the directing physician and exclude any independent practice of athletic training by an athletic trainer. (3-28-23)
c. Directing Responsibility. The responsibilities and duties of a directing physician may not be transferred to a business entity, professional corporation, or partnership, nor may they be assigned to another physician without prior notification and Board approval. (3-28-23)
d. Available Supervision. The directing physician will oversee the activities of the athletic trainer and must be available either in person or by telephone to supervise, direct, and counsel the athletic trainer. The scope and nature of the direction of the athletic trainer will be outlined in an athletic training service plan or protocol, as set forth in IDAPA 24.33.05. (3-28-23)
e. Disclosure. It is the responsibility of each directing physician to ensure that each athlete who receives athletic training services is aware of the fact that said person is not a licensed physician. (3-28-23)
a. Responsibilities. The supervising physician is responsible for the direction and supervision of the medical acts and patient services provided by an intern or resident. The direction and supervision of such activities include, but are not limited to: (3-28-23)
i. Synchronous direct communication at least monthly with intern or resident to ensure the quality of care provided; (3-28-23)
ii. Recording of a periodic review of a representative sample of medical records to evaluate the medical services that are provided; and (3-28-23)
iii. Regularly scheduled conferences between the supervising physician and the intern or resident. (3-28-23)
b. Available Supervision. The supervising physician will oversee the activities of the intern or resident, and must always be available either in person or by telephone to supervise, direct and counsel the intern or resident. (3-28-23)
c. Disclosure. It is the responsibility of each supervising physician to ensure that each patient who receives the services of an intern or resident is notified of the fact that said person is not a licensed physician. (3-28-23)
a. Purpose. The “practice of medicine,” as defined in Section 54-1803(1), Idaho Code, includes the administration of parenteral admixtures and the performance of cosmetic treatments using prescriptive medical/cosmetic devices and products which penetrate or alter human tissue. Such treatments can lead to significant complications that may result in permanent injury or death and, therefore, can only be performed as set forth herein. (7-1-25)
b. Responsibilities. The supervising physician accepts full responsibility for all treatments provided by medical personnel and for the supervision of such treatments. (7-1-25)
i. Patient Record. The supervising physician must document an adequate legible patient record of his evaluation, assessment, and plan for the patient prior to the initial treatment. (7-1-25)
ii. Available Supervision. The supervising physician will be on-site or immediately available to respond promptly to any questions or problems that may occur while a treatment is being performed by medical personnel. Such supervision includes, but is not limited to: (7-1-25)
(1) Periodic review of the medical records to evaluate the prescribed treatments that are provided by such medical personnel including any adverse outcomes or changes in the treatment protocol; and (7-1-25)
(2) Regularly scheduled conferences between the supervising physician and such medical personnel. (3-28-23)
iii. Verification of Training. The supervising physician is responsible to ensure that, with respect to any treatment performed, the medical personnel possess the proper training to perform the treatment, the indications for
the prescribed treatment, and the pre- and post-procedure care involved. The supervising physician will verify the training of medical personnel upon the board-approved Medical Personnel Supervising Physician Registration form. The Medical Personnel Supervising Physician Registration Form will be maintained on file at each practice location and at the address of record of the supervising physician. (7-1-25)
iv. Cosmetic Treatments. (7-1-25)
(1) Scope. Cosmetic treatments can only be performed by a physician or by medical personnel under the supervision of a physician. Physicians who supervise cosmetic treatments must be trained in the safety and use of prescriptive medical/cosmetic devices and products. Medical personnel providing cosmetic treatments are limited to using prescriptive medical/cosmetic devices and products that are exclusively non-incisive and non-ablative. The supervising physician will ensure cosmetic treatments provided by medical personnel are limited to and consistent with the scope of practice of the supervising physician. (7-1-25)
(2) Supervision. A supervising physician of medical personnel may not supervise more than three (3) medical personnel providing cosmetic treatments contemporaneously. The Board, however, may authorize a supervising physician to supervise a total of six (6) such medical personnel contemporaneously if necessary to provide adequate treatments and upon prior petition documenting adequate safeguards to protect the public health and safety. (7-1-25)
v. Disclosure. It is the responsibility of each supervising physician to ensure that every patient receiving treatment from medical personnel is advised of the education and training of the medical personnel rendering the treatment and that such medical personnel are not licensed physicians. (7-1-25)
vi. Patient Complaints. The supervising physician will report to the Board of Medicine all patient complaints received against medical personnel that relate to the quality and nature of treatments rendered. (7-1-25)
vii. Duties and Responsibilities Nontransferable. The responsibilities and duties of a supervising physician may not be transferred to a business entity, professional corporation, or partnership, nor may they be assigned to another physician or person. (3-28-23)
In addition to the grounds for discipline set forth in Idaho Code, every person licensed or permitted by the Board is subject to discipline upon any of the following grounds: (7-1-25)
01. Unethical Advertising. Advertising the licensee or permittee's practice in any unethical or unprofessional manner, including but not limited to: (7-1-25)
a. Using advertising or representations likely to deceive, defraud, or harm the public. (7-1-25)
b. Making a false or misleading statement regarding the licensee or permittee's skill or the efficacy or value of the treatment, remedy, or service offered, performed, or prescribed by the licensee or permittee. (7-1-25)
03. Standard of Care. Providing health care that fails to meet the standard of health care provided by other qualified licensees or permittees of the same profession, in the same community or similar communities, including but not limited to: (7-1-25)
a. Being found mentally incompetent or insane by any court of competent jurisdiction. (7-1-25)
b. Engaging in practice or behavior that demonstrates a manifest incapacity or incompetence to practice his or her profession. (7-1-25)
c. Allowing another person or organization to use his or her license or permit to practice his or her profession. (7-1-25)
d. Prescribing, selling, administering, distributing or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug to himself or herself or to a spouse, child, or stepchild. (7-1-25)
e. Using any controlled substance or alcohol to an extent that use impairs the licensee or permittee's ability to practice his or her profession competently. (7-1-25)
f. Violating any state or federal law or regulation relating to controlled substances. (7-1-25)
g. Directly promoting surgical procedures or laboratory tests that are unnecessary and not medically indicated. (7-1-25)
h. Failure to transfer pertinent and necessary medical records to another provider when requested to do so by the subject patient or client or by his or her legally designated representative. (7-1-25)
i. Failing to maintain adequate records. Adequate patient or client records means legible records that contain, at a minimum, subjective information, an evaluation and report of objective findings, assessment or diagnosis, and the plan of care. (7-1-25)
j. Providing care or performing any service outside the licensee or permittee's scope of practice as set forth in Idaho Code, including providing care or performing a service without supervision, if such is required by Idaho Code or Board rule. (7-1-25)
k. Failing to have a supervising or directing physician who is licensed by the Board, if such supervision is required by Idaho Code or Board rule. (7-1-25)
04. Conduct. Engaging in any conduct that constitutes an abuse or exploitation of a patient or client arising out of the trust and confidence placed in the licensee or permittee by the patient or client, including but not limited to: (7-1-25)
a. Obtaining any fee by fraud, deceit, or misrepresentation. (7-1-25)
b. Employing abusive billing practices. (7-1-25)
c. Commission of any act of sexual contact, misconduct, exploitation, or intercourse with a patient or client or former patient or client or related to the licensee's practice. (7-1-25)
i. Consent of the patient or client shall not be a defense. (7-1-25)
ii. This section does not apply to sexual contact between a licensee or permittee and the licensee or permittee's spouse or a person in a domestic relationship who is also a patient or client. (7-1-25)
iii. A former patient or client includes a patient or client for whom the licensee or permittee has provided services related to the licensee or permittee's practice, including prescriptions, within the last twelve (12) months; sexual or romantic relationships with former patients or clients beyond that period of time may also be a violation if the licensee or permittee uses or exploits the trust, knowledge, emotions, or influence derived from the prior professional relationship with the patient or client. (7-1-25)
d. Accepting any reimbursement for service, beyond actual expenses, while providing services under a volunteer license. (7-1-25)
e. Employing, supervising, directing, aiding, or abetting a person not licensed or permitted in this state who directly or indirectly performs activities or provides services requiring a license or permit. (7-1-25)
f. Failing to report to the Board any known act or omission of a Board licensee or permittee that violates any provision of these rules. (7-1-25)
g. Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any patient or client, Board or Advisory Board or Committee member, Board staff, hearing officer, or witness in an attempt to influence the outcome of a disciplinary proceeding, investigation, or other legal action. (7-1-25)
h. Failing to obey any and all state and local laws and rules related to the licensee or permittee's practice or profession. (7-1-25)
05. Failure to Cooperate. Failing to cooperate with the Board during any investigation or disciplinary proceeding, even if such investigation or disciplinary proceeding does not personally concern the particular licensee. (7-1-25)
06. On-Site Review. The Board, by and through its designated agents, is authorized to conduct on-site reviews of the activities of its licensees at the locations and facilities in which the licensees practice at such times as the Board deems necessary. (7-1-25)
301. -- 399. (RESERVED)
Nonrefundable fees are as follows:
| Fees – Table | ||
|---|---|---|
| Licensure Fee | - | Not more than $600 |
| Provisional License | - | Not more than $300 |
| Temporary License | - | Not more than $300 |
| Reinstatement License Fee plus total of renewal fees not paid by applicant | - | Not more than $300 |
| Renewal of License to Practice Medicine Fee | - | Not more than $300 |
| Volunteer License Application Fee | - | $0 |
| Volunteer License Renewal Fee | - | $0 |
| Limited License for Bridge Year Physicians | - | Not more than $300 |
| Temporary Registration | - | Not more than $25 |
(7-1-25)
401. -- 799. (RESERVED)
01. Obligation. A physician licensed to practice medicine or osteopathic medicine in Idaho must be available to serve in any two (2) year period, or a longer period not to exceed five (5) years, as determined by the panel chairman, as a physician panelist for prelitigation consideration of a medical malpractice claim. (7-1-25)
02. Excusing Physicians from Serving. A physician panelist so selected must serve unless he had served on a prelitigation panel during any previous two (2) year period, or a longer period not to exceed five (5) years, as determined by the panel chairman or for good cause shown, is excused by the panel chairman. To show good cause for relief from serving, the selected physician panelist must present an affidavit to the panel chairman which shall set out the facts showing that service would constitute an unreasonable burden or undue hardship. The panel chairman has the sole authority to excuse a selected physician from serving on a prelitigation panel. (3-28-23)
03. Penalties for Noncompliance. The Board may condition, limit, suspend, or refuse to renew the
license of any physician whom the Board determines has failed to serve as a physician panelist for the prelitigation consideration of a medical malpractice claim. (3-28-23)
801. -- 999. (RESERVED)