IDAPA 57.01.01
The following are certified providers of the Idaho Sexual Offender Management Board:
This rule established certification requirements for SOMB certified providers and establishes standards to be met by the providers in the services they provide to post-conviction sexual offenders:
This rule implements the following statute passed by the Idaho Legislature:
Crimes and Punishments -
Sexual Offender Registration Notification and Community Right-to-know Act:
8:00am-5:00pm, Monday-Friday
1299 N. Orchard Street, Ste. #110
Boise, ID 83706
Phone: (208) 658-2002
Fax: (208) 287-3322
Email: somb@idoc.idaho.gov
http://somb.idaho.gov
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.
57.01.01 – Rules of the Sexual Offender Management Board
000. Legal Authority. ... 4
001. Scope. ... 4
002. (Reserved) ... 4
003. Incorporation By Reference. ... 4
004. -- 009. (Reserved) ... 4
010. Definitions. ... 4
011. -- 019. (Reserved) ... 6
020. Recordkeeping. ... 6
021. Board Meetings. ... 6
022. -- 039. (Reserved) ... 6
040. Certified Evaluator Qualifications. ... 6
041. Levels Of Psychosexual Evaluator Certification. ... 7
042. -- 079. (Reserved) ... 8
080. Sexual Offender Treatment Provider Qualifications. ... 8
081. Levels Of Sexual Offender Treatment Provider Certification. ... 8
082. -- 099. (Reserved) ... 9
100. Specialized Training For Psychosexual Evaluators And Sexual Offender Treatment Providers. ... 9
101. -- 149. (Reserved) ... 9
150. Request For Conditional Waiver. ... 10
151. (Reserved) ... 10
152. Reciprocity. ... 10
153. Exclusion. ... 10
154. Request For Change In Certification Level. ... 10
155. Application For Change In Certification Level. ... 10
156. -- 199. (Reserved) ... 11
200. Post Conviction Sexual Offender Polygraph Examiner Qualifications. ... 11
201. Levels Of Post Conviction Sexual Offender Polygraph Examiner Certification. ... 11
202. -- 299. (Reserved) ... 11
300. Standards For Professional Conduct And Client Relations. ... 11
301. -- 329. (Reserved) ... 12
330. Initial Certification Application. ... 12
331. Expiration And Renewal Of Certification. ... 13
332. Fees. ... 13
333. Certification Period. ... 13
334. Applicability And Notification Of Changes. ... 14
335. Request For Placement On Inactive Status. ... 14
336. -- 349. (Reserved) ... 14
350. Central Roster Of Psychosexual Evaluators, Sexual Offender Treatment Providers And Post Conviction Sexual Offender Polygraph Examiners. ... 14
351. -- 379. (Reserved) ... 15
380. Denial And Grounds For Discipline. ... 15
381. Reapplication Following Certification Denial Or Disciplinary Action. ... 16
382. Levels Of Discipline. ... 16
383. Formal Discipline. ... 16
384. Informal Discipline. ... 16
385. Withholding Formal Discipline And Probation. ... 16
386. Complaints. ... 16
387. Disciplinary Process. ... 17
388. -- 399. (Reserved) ... 17
400. Quality Assurance. ... 17
401. -- 449. (Reserved) ... 17
450. Psychosexual Evaluations. ... 17
451. -- 479. (Reserved) ... 17
480. Polygraph Examinations. ... 17
481. -- 499. (Reserved) ... 17
500. Sexual Offender Treatment. ... 17
501. -- 999. (Reserved) ... 17
Section 18-8314(3), Idaho Code.
(4-2-26)
01. Scope. These rules implement Sections 18-8312 through 18-8316, Idaho Code, and provide procedures for the Sexual Offender Management Board (SOMB) to:
(4-2-26)
a. Establish certified evaluator, sexual offender treatment provider and post conviction sexual offender polygraph examiner qualifications;
(3-23-22)
b. Establish standards for psychosexual evaluations and sexual offender treatment programs based on current and evolving best practices;
(3-23-22)
c. Approve, issue, renew, deny, suspend, revoke, restrict or otherwise monitor a certification;
(3-23-22)
d. Establish fees for initial and renewal certification;
(3-23-22)
e. Establish procedures for standards and qualification quality assurance; and
(3-23-22)
f. Establish standard protocols for sexual offender management, assessment and classification.
(3-23-22)
The following documents are incorporated by reference into these rules:
(3-23-22)
01. The American Association of Police Polygraphists “Standards and Principles,” © AAPP 2018 v.14.110, is herein incorporated by reference and is available from the American Association of Police Polygraphists, PO Box 657, Waynesville, Ohio 45068, website https://www.americanassociationofpolicepolygraphists.org/web/public/standards.
(3-23-22)
02. The American Polygraph Association “Standards of Practice,” effective August 23, 2019, and “Code of Ethics,” effective September 1, 2015, are herein incorporated by reference and are available from the American Polygraph Association, PO Box 8037, Chattanooga, Tennessee 37414, website https://www.polygraph.org.
(3-23-22)
03. “Idaho Sexual Offender Management Board Standards and Guidelines for Adult Sexual Offender Management Practices,” February 2025 revision, is herein incorporated by reference and is available from the Board’s office and on the Board website, https://somb.idaho.gov/.
(4-2-26)
04. “Idaho Sexual Offender Management Board Standards and Guidelines for Practitioners, Evaluations and Treatment of Juvenile Sexual Offenders,” February 2025 revision, is herein incorporated by reference and is available from the Board’s office and on the Board’s website, https://somb.idaho.gov/.
(4-2-26)
01. Board. The Sexual Offender Management Board described in Section 18-8312, Idaho Code.
(3-23-22)
02. Central Roster. A roster of evaluators, treatment providers and polygraph examiners, who meet the qualifications and are certified by the Board to conduct psychosexual evaluations, provide sexual offender treatment or conduct post-conviction sexual offender polygraphs.
(3-23-22)
03. Certificate Holder. A person who has been approved by the Board and certified as meeting qualifications to conduct or assist in the conduct of psychosexual evaluations, provide sexual offender treatment or conduct post conviction sexual offender polygraphs.
(3-23-22)
04. Certified Evaluator. Either a psychiatrist licensed by this state pursuant to Title 54, Chapter 18, Idaho Code, or a master’s or doctoral level mental health professional licensed by this state pursuant to Title 54, Chapters 23, 32, or 34, Idaho Code. The evaluator shall have by education, experience, and training, expertise in the assessment and treatment of sexual offenders, meet the qualifications, and be approved by the Board to perform psychosexual evaluations in this state, as described in Section 18-8314, Idaho Code. A person meeting this definition may be certified by the Board as either a senior/approved certified evaluator or an associate/supervised certified evaluator. (3-23-22)
05. Certified Post Conviction Sex Offender Polygraph Examiner. A polygraph examiner who has received specialized post conviction sexual offender testing training, and who is certified by the Board to conduct post conviction sexual offender polygraph examinations as ordered or required by the court, Idaho Department of Correction, or Idaho Commission for Pardons and Parole. A person meeting this definition may be certified by the Board as either a senior/approved post conviction sexual offender polygraph examiner or an associate/supervised post conviction sexual offender polygraph examiner. (3-23-22)
06. Certified Treatment Provider. A person who has been certified by the Board as meeting qualifications to provide sexual offender treatment as ordered by the court, Idaho Department of Correction, Idaho Commission for Pardons and Parole, or Idaho Department of Juvenile Corrections. Such person shall be licensed by this state or another state or jurisdiction as a psychiatrist, or a master’s or doctoral level mental health professional, and who has by education, experience and training, expertise in the treatment of sexual offenders. A person meeting this definition may be certified by the Board as either a senior/approved sex offender treatment provider or an associate/supervised sex offender treatment provider. (3-23-22)
07. Client. An adult or juvenile receiving services from a person certified by the Board pursuant to Section 18-8314, Idaho Code. (3-23-22)
08. Established Standards. The “Idaho Sexual Offender Management Board Standards and Guidelines for Adult Sexual Offender Management Practices” and the “Idaho Sexual Offender Management Board Standards and Guidelines for Practitioners, Evaluations and Treatment of Juvenile Sexual Offenders” as referenced in Section 004 of these rules and established pursuant to Section 18-8314, Idaho Code. (3-23-22)
09. Post Conviction Sexual Offender Testing (PCSOT). PCSOT is specialized instruction beyond the basic polygraph training for the purpose of specific polygraph testing of post convicted sexual offenders. (4-2-26)
10. Provisional/Supervised Psychosexual Evaluator. A person with limited clinical experience and specialized training, who may be licensed or is working toward licensure as a psychiatrist or master’s or doctoral level mental health professional, who is authorized by the Board to assist with the conduct of psychosexual evaluations under the clinical supervision of a senior/approved psychosexual evaluator. A person with a provisional/supervised psychosexual evaluator certificate is not considered to be a certified evaluator as defined in Section 18-8303, Idaho Code or for the purposes of conducting a psychosexual evaluation in accordance with Section 18-8316, Idaho Code. Certification approval is specific to adult or juvenile clients. (3-23-22)
11. Provisional/Supervised Sex Offender Treatment Provider. A person with limited clinical experience and specialized training, who may be licensed or is working toward licensure as a psychiatrist or master’s or doctoral level mental health professional, who is authorized by the Board to provide sexual offender treatment under the clinical supervision of a senior/approved sex offender treatment provider. Certification approval is specific to adult or juvenile clients. (3-23-22)
12. Psychosexual Evaluation. A comprehensive evaluation and assessment specifically addressing a person’s sexual development, sexual deviancy, sexual history and risk of re-offense. A psychosexual evaluation for the purpose of these rules is conducted post conviction, as ordered by the court pursuant to Section 18-8316, Idaho Code, or Title 20, Chapter 5, Idaho Code, by a person who has been certified by the Board. (3-23-22)
13. Quality Assurance. Processes established by the Board to review psychosexual evaluations and sexual offender treatment procedures to assure minimum standards and certificate holder qualifications are met. All quality assurance reviews will be conducted under the direction of the Board. (3-23-22)
14. Sexual Offender. A person adjudicated or convicted of an offense as listed in Section 18-8304, Idaho Code, or a substantially equivalent offense under the laws of another state, territory, commonwealth, or other jurisdiction of the United States including tribal courts and military courts; or who has been adjudicated or convicted of a sexual offense-related crime. (3-23-22)
15. Sexual Offender Classification Board (SOCB). A board in effect from 1998 to 2011 that determined whether a sexual offender should be designated as a violent sexual predator; set certified evaluator qualifications and standards; and administered an evaluator certification process. (4-2-26)
16. Supervision. (3-23-22)
a. For purposes of clinical practice supervision for associate/supervised psychosexual evaluator or associate/supervised sex offender treatment provider certification, supervision is generally considered as face-to-face direct contact, documented teleconferencing, or interactive video conferencing with a Board-approved supervisor using a ratio of one (1) hour of clinical supervision for every twenty (20) hours of direct service provided; or (3-23-22)
b. For purposes of clinical practice supervision for provisional/supervised psychosexual evaluator or provisional/supervised treatment provider certification, supervision is considered as continual face-to-face direct contact with a Board-approved supervisor for the first two hundred fifty (250) hours of direct service provided followed by face-to-face direct contact with a Board-approved supervisor using a ratio of one (1) hour of clinical supervision for every fifteen (15) hours of direct service provided; or (3-23-22)
c. For purposes of supervision for associate/supervised post conviction sexual offender polygraph examiners, supervision is generally considered as face-to-face direct contact with a Board-approved supervisor during conduct of the supervisee’s first five (5) PCSOT polygraphs followed by review by a Board-approved supervisor of one (1) PCSOT polygraph for every five (5) PCSOT polygraphs conducted by the supervisee. Such review shall include chart and report review. (3-23-22)
17. Treatment. For purposes of certification eligibility the provision of face-to-face individual, group, or family therapy with a person who has been investigated by law enforcement or child protective services for commission of a sexual offense, or who has been adjudicated or convicted of a sexual offense or sexual offense-related crime. Treatment must be directly relevant to the client’s sexually offending behavior. (3-23-22)
18. Violent Sexual Predator. A person who was designated as a violent sexual predator by the SOCB where such designation has not been removed by judicial action or otherwise. (4-2-26)
011. -- 019. (RESERVED)
020. RECORDKEEPING.
01. Certificate Holders. Records on all applicants and certifications issued, renewed, denied, suspended, revoked, or otherwise monitored shall be maintained for a period not less than five (5) years. (3-23-22)
02. Violent Sexual Predators. The file on a sexual offender who was designated as a violent sexual predator by the SOCB is maintained by the Board and is considered the official file for all purposes. (3-23-22)
021. BOARD MEETINGS.
The Board meets at least quarterly and may meet more frequently. All business of the Board is conducted in compliance with the open meeting law, pursuant to Title 67, Chapter 23, Idaho Code, and Section 18-8315, Idaho Code. (3-23-22)
022. -- 039. (RESERVED)
040. CERTIFIED EVALUATOR QUALIFICATIONS.
01. Certified Evaluators. Each evaluator who conducts or assists with the conduct of a psychosexual evaluation pursuant to Section 18-8316, Idaho Code, must meet the qualifications as set forth in the established standards issued by the Board and be certified by the Board. (3-23-22)
a. Certification approval is specific to adult or juvenile clients. (3-23-22) b. A certificate holder may be separately approved to provide services to both adult and juvenile clients. (3-23-22)
02. Certification Requirements. Minimum requirements for certification as a psychosexual evaluator include criteria, requirements, and expectations in the following categories: (3-23-22)
a. Formal educational requirements; (3-23-22) b. Professional licensure requirements; (3-23-22) c. Clinical experience requirements; (3-23-22) d. Specialized training requirements; and (3-23-22) e. Continuing education and professional development requirements. (3-23-22)
041. LEVELS OF PSYCHOSEXUAL EVALUATOR CERTIFICATION.
The Board issues certificates within three (3) levels reflective of a person's training and experience specific to the population to be served: (3-23-22)
01. Senior/Approved Psychosexual Evaluator. (3-23-22)
a. Possesses a valid Idaho license to practice as a psychiatrist or master's or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist. (3-23-22)
b. Has engaged in a combination of direct, face-to-face clinical practice with sexual offenders and received specialized training for a minimum of one thousand five hundred (1,500) hours. Of this requirement, a minimum of five hundred (500) combined hours shall have been accumulated within the three (3) years immediately preceding an initial application for certification at this level, as set forth in the established standards issued by the Board; and (3-23-22)
c. Has conducted a minimum of nine (9) psychosexual evaluations within the three (3) years preceding an initial application for certification at this level. (3-23-22)
02. Associate/Supervised Psychosexual Evaluator. (3-23-22)
a. Possesses a valid Idaho license to practice as a psychiatrist or master's or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist. (3-23-22)
b. Has engaged in a combination of supervised direct, face-to-face clinical practice with sexual offenders and received specialized training for a minimum of five hundred (500) hours. Of this requirement, a minimum of three hundred (300) combined hours shall have been accumulated within the three (3) years immediately preceding an initial application for certification at this level, as set forth in the established standards issued by the Board; (3-23-22)
c. Has conducted a minimum of six (6) psychosexual evaluations within the three (3) years preceding an initial application for certification at this level; and (3-23-22)
d. Shall only conduct psychosexual evaluations under the clinical practice supervision of a Board-approved supervisor as defined in Paragraph 010.15.a. of these rules, and under the terms of a formal clinical supervision agreement. (3-23-22)
a. Possesses or is currently enrolled in a graduate program of study toward the attainment of a master’s or doctoral degree, preferably with an emphasis on the application of forensic clinical practice; (3-23-22)
b. Possesses or is pursuing a valid license to practice as a psychiatrist or master’s or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist; (3-23-22)
c. May assist with the conduct of psychosexual evaluations only under the clinical supervision of a Board-approved supervisor as defined in Paragraph 010.15.b. of these rules, and under the terms of a formal clinical supervision agreement. Face-to-face supervision is required when providing direct clinical services to sex offenders. (3-23-22)
01. Certified Sexual Offender Treatment Provider. Each person who provides treatment to sexual offenders as ordered or required by the court, Idaho Department of Correction, Idaho Commission for Pardons and Parole, or the Idaho Department of Juvenile Corrections, in accordance with Section 18-8314, Idaho Code, must meet the qualifications as set forth in the established standards issued by the Board and be certified by the Board. (3-23-22)
a. Certification approval is specific to adult or juvenile clients. (3-23-22)
b. A certificate holder may be separately approved to provide services to both adult and juvenile clients. (3-23-22)
02. Certification Requirements. Minimum requirements for certification as a sexual offender treatment provider include criteria, requirements, and expectations in the following categories: (3-23-22)
a. Formal educational requirements; (3-23-22)
b. Professional licensure requirements; (3-23-22)
c. Clinical experience requirements; (3-23-22)
d. Specialized training requirements; and (3-23-22)
e. Continuing education and professional development requirements. (3-23-22)
The Board issues certificates within three (3) levels reflective of a person’s training and experience specific to the population to be served: (3-23-22)
a. Possesses a valid license to practice in this state or another state or jurisdiction as a psychiatrist or master’s or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist; and (3-23-22)
b. Has engaged in a combination of direct, face-to-face clinical practice with sexual offenders and received specialized training for a minimum of one thousand five hundred (1,500) hours. Of this requirement, a minimum of five hundred (500) combined hours shall have been accumulated within the three (3) years immediately preceding an initial application for certification at this level, as set forth in the established standards issued by the Board. (3-23-22)
a. Possesses a valid license to practice in this state or another state or jurisdiction as a psychiatrist or master’s or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist. (3-23-22)
b. Has engaged in a combination of supervised direct, face-to-face clinical practice with sexual offenders and received specialized training for a minimum of five hundred (500) hours. Of this requirement, a minimum of three hundred (300) combined hours shall have been accumulated within the three (3) years immediately preceding an initial application for certification at this level, as set forth in the established standards issued by the Board; and (3-23-22)
c. Shall only provide treatment services under the clinical practice supervision of a Board-approved supervisor as defined in Paragraph 010.15.a. of these rules, and under the terms of a formal clinical supervision agreement. (3-23-22)
a. Possesses or is currently enrolled in a graduate program of study toward the attainment of a master’s or doctoral degree, preferably with an emphasis on the application of forensic clinical practice; and (3-23-22)
b. Possesses or is pursuing a valid license to practice as a psychiatrist or master’s or doctoral level psychologist, social worker, professional counselor, or marriage and family therapist. (3-23-22)
c. Shall only provide treatment services under the clinical supervision of a Board-approved supervisor as defined in Paragraph 010.15.b. of these rules, and under the terms of a formal clinical supervision agreement. Face-to-face supervision is required when providing direct clinical services to sex offenders. (3-23-22)
For initial certification as a psychosexual evaluator or sexual offender treatment provider, an applicant must have participated in specialized training in the field of sexual abuse, as set forth in the established standards issued by the Board. Sources for such training may be formal conferences, symposia, seminars and workshops in areas such as: (3-23-22)
01. Sexually Abusive Behavior. Contemporary research regarding the etiology of sexually abusive behavior; (3-23-22)
02. Offending Behavior. Research-identified risk factors for the development and continuation of sexually abusive/offending behavior; (3-23-22)
03. Assessment, Treatment, and Management of Adult or Juvenile Sex Offenders. Contemporary research and practice in the areas of assessment, treatment, and management of adult or juvenile sex offenders; (3-23-22)
04. Specific Risk Assessment Tools. Research-supported, sex offender-specific risk assessment tools; and (3-23-22)
05. Deviant Sexual Arousal and/or Interests. Physiological assessment of deviant sexual arousal and/or interests. (3-23-22)
01. Conditional Waiver. The Board may consider an initial applicant’s request for a time limited conditional waiver for deficiencies in experience and specialized training qualifications as set forth in the established standards issued by the Board. (3-23-22)
02. Duration. A conditional waiver is limited to a period of two (2) years. Conditional waivers may not be extended or renewed after the third year. (3-23-22)
03. Frequency. A conditional waiver request shall only be considered one (1) time for an initial certification application for psychosexual evaluator and sexual offender treatment provider applicants at the senior/approved or associate/supervised level. (3-23-22)
The Board may consider reciprocity for any applicant who has been licensed or certified to conduct psychosexual evaluations or sexual offender treatment in another state or jurisdiction as set forth in the established standards issued by the Board. (3-23-22)
Each mental health employee of the Idaho Department of Correction or Idaho Department of Juvenile Corrections who conducts psychosexual evaluations or provides sexual offender treatment is exempt from the certification process. This exemption shall only apply while the employee is acting within the course and scope of his employment with the applicable agency. (3-23-22)
01. Request to Advance in Level of Certification. A certificate holder may apply at any time during an effective certification to advance to the next higher level of certification provided that he meets the established qualifications and requirements as set forth in the established standards issued by the Board. (3-23-22)
02. Request to Change to a Less Independent Level of Certification. A certificate holder may apply at any time during an effective certification for a reduction in his level of certification in the event that he no longer meets the established qualifications and requirements for his current level of certification as set forth in the established standards issued by the Board. (3-23-22)
Application for change in certification level shall be on a form provided by the Board and submitted with the required supporting documentation and applicable renewal application processing fee: (3-23-22)
01. Advance to Senior/Approved Level of Certification Application Fee. A non-refundable renewal application fee payable to the Board in the amount of fifty dollars ($50) provided that the application is submitted three hundred sixty-five (365) days or more after the most recent effective certification date. The application fee shall be waived if submission is within three hundred sixty-five (365) days from the most recent effective certification date. (3-23-22)
02. Advance to Associate/Supervised Level of Certification Application Fee. A non-refundable renewal application fee payable to the Board in the amount of thirty dollars ($30) provided that the application is submitted three hundred sixty-five (365) days or more after the most recent effective certification date. The application fee shall be waived if submission is within three hundred sixty-five (365) days from the most recent effective certification date. (3-23-22)
03. Change to a Less Independent Level of Certification Application Fee. A non-refundable renewal application fee payable to the Board in the amount of fifty dollars ($50) provided that the application is submitted three hundred sixty-five (365) days or more after the most recent effective certification date. The application fee shall be waived if submission is within three hundred sixty-five (365) days from the most recent
effective certification date. (3-23-22)
156. -- 199. (RESERVED)
200. POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINER QUALIFICATIONS.
01. Certified Examiner. Each person who conducts post conviction sexual offender polygraphs as ordered or required by the court, Idaho Department of Correction, or Idaho Commission for Pardons and Parole, in accordance with Section 18-8314, Idaho Code, must meet the qualifications as set forth in the established standards issued by the Board and be certified by the Board. There shall not be a separate certification specific to adult or juvenile clients. (3-23-22)
02. Certification Requirements. Minimum requirements for certification as a sexual offender treatment provider include criteria and requirements in the following categories: (3-23-22)
a. Educational requirements; (3-23-22) b. Experience requirements; (3-23-22) c. Specialized training requirements; and (3-23-22) d. Continuing education and professional development requirements. (3-23-22)
201. LEVELS OF POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINER CERTIFICATION.
The Board issues certificates within two (2) levels reflective of a person's experience in conducting post conviction sexual offender polygraphs. (3-23-22)
01. Senior/Approved Post Conviction Sexual Offender Polygraph Examiner. (3-23-22)
a. Has graduated from an American Polygraph Association (APA)-accredited polygraph school; (4-2-26)
b. Has successfully completed a minimum of forty (40) hours of formal post conviction sexual offender polygraph testing beyond the basic polygraph training course requirements from an APA-accredited program or school; and (3-23-22)
c. Has successfully completed a minimum of one hundred (100) polygraph examinations. Of this requirement, a minimum of ten (10) sexual history polygraph examinations and a minimum of ten (10) PCSOT maintenance polygraph examinations shall have been conducted within the three (3) years immediately preceding an initial application for certification at this level, as set forth in the established standards issued by the Board; (3-23-22)
02. Associate/Supervised Post Conviction Sexual Offender Polygraph Examiner. (3-23-22)
a. Has graduated from an APA-accredited polygraph school; (3-23-22)
b. Has successfully completed a minimum of forty (40) hours of formal post conviction sexual offender polygraph testing beyond the basic polygraph training course requirements from an APA-accredited program or school; and (3-23-22)
c. Shall only conduct polygraphs under the supervision of a Board-approved supervisor as defined in Paragraph 010.15.c. of these rules, and under the terms of a formal supervision agreement. (3-23-22)
202. -- 299. (RESERVED)
300. STANDARDS FOR PROFESSIONAL CONDUCT AND CLIENT RELATIONS.
01. General Considerations for Certified Evaluators and Certified Treatment Providers. Each person who is certified by the Board to conduct or assist with the conduct of psychosexual evaluations or provide sexual offender treatment shall: (3-23-22)
a. Adhere to the ethical principles and codes, and all practice standards and guidelines for the person’s respective discipline and area of professional licensure; (3-23-22)
b. Be knowledgeable of statutes and scientific data relevant to specialized sexual offender evaluation and sexual offender treatment; (3-23-22)
c. Be familiar with the statutory requirements for assessments and reports for the courts, pursuant to Section 18-8316, Idaho Code; (3-23-22)
d. Be committed to community protection and safety; (3-23-22)
e. Provide services in a manner that ensures humane and ethical treatment of clients; (3-23-22)
f. Conduct testing in accordance with the person’s licensing body, qualifications and experience, and in a manner that ensures the integrity of testing data; (3-23-22)
g. Avoid relationships with clients that may constitute a conflict of interest, impair professional judgment and risk exploitation; and (3-23-22)
h. Have no sexual relationships with any client. (3-23-22)
02. General Considerations for Certified Post Conviction Sexual Offender Polygraph Examiners. Each person who is certified by the Board to conduct post conviction sexual offender polygraph examinations shall: (3-23-22)
a. Adhere to the ethical principles and codes, and all practice standards and guidelines for the person’s discipline, area of professional practice, or licensure as promulgated by any applicable regulatory board or licensing authority; (3-23-22)
b. Adhere to the standards and guidelines specific to post conviction sexual offender testing as promulgated by the APA; (3-23-22)
c. Adhere to the ethical principles and codes, and all practice standards and guidelines for the administration of polygraph examinations generally, as promulgated by the APA or the American Association of Police Polygraphists, as referenced in Section 003 of these rules; (3-23-22)
d. Avoid relationships with clients that may constitute a conflict of interest, impair professional judgment and risk exploitation; (3-23-22)
e. Have no sexual relationships with any client; (3-23-22)
f. Take factors such as age, mental capacity and co-occurring mental health concerns into consideration when utilizing polygraphy with juvenile offenders; (3-23-22)
g. Be committed to community protection and safety; and (3-23-22)
h. Provide services in a manner that ensures humane and ethical treatment of clients. (3-23-22)
301. -- 329. (RESERVED)
An applicant seeking certification by the Board must submit a completed application on forms provided by the Board for the applicant’s area of practice and client population, if applicable, accompanied by documentation as outlined in
the established standards issued by the Board and an initial certification application fee made payable to the Board. (3-23-22)
No certification shall be renewed, except as follows: (3-23-22)
01. Renewal. At least thirty (30) days prior to the expiration of a certification, a certificate holder shall apply for renewal of the certification on forms provided by the Board for the applicant’s area of practice and client population, if applicable, accompanied by documentation as outlined in the established standards issued by the Board and a renewal certification application fee made payable to the Board. (3-23-22)
02. Removal from the Roster. A certificate holder who has not renewed his certification shall be removed from the central roster. (3-23-22)
03. Renewal After Certification Expiration. A certificate holder whose certification has expired may reapply at any time for certification as follows: (3-23-22)
a. A certificate holder whose certification has been expired for less than three hundred sixty-five (365) days may reapply following the certification renewal process as referenced in Subsection 331.01 of these rules. (3-23-22)
b. A certificate holder whose certification has been expired for three hundred sixty-five (365) days or longer may reapply for certification following the initial certification process as referenced in Section 330 of these rules. (3-23-22)
The following non-refundable application processing fees are established by the Board: (3-23-22)
01. Initial Certification. Application processing fees for initial certification are: (3-23-22)
a. Senior/Approved Psychosexual Evaluator, Treatment Provider, or Post Conviction Sexual Offender Polygraph Examiner – Seventy-five dollars ($75). (3-23-22)
b. Associate/Supervised Psychosexual Evaluator, Treatment Provider, or Post Conviction Sexual Offender Polygraph Examiner – Seventy-five dollars ($75). (3-23-22)
c. Provisional/Supervised Psychosexual Evaluator or Treatment Provider – Fifty dollars ($50). (3-23-22)
02. Renewal Certification. Application processing fees for renewal certification are: (3-23-22)
a. Senior/Approved Psychosexual Evaluator, Treatment Provider, or Post Conviction Sexual Offender Polygraph Examiner – Fifty dollars ($50). (3-23-22)
b. Associate/Supervised Psychosexual Evaluator, Treatment Provider, or Post Conviction Sexual Offender Polygraph Examiner – Fifty dollars ($50). (3-23-22)
c. Provisional/Supervised Psychosexual Evaluator or Treatment Provider – Thirty dollars ($30). (3-23-22)
03. Change in Certification Level. Application processing fees for a change in certification level are as referenced in Section 155 of these rules. (3-23-22)
04. Continuing Education Extension. Application processing fee for a request for an extension of time to complete continuing education requirements is twenty-five dollars ($25). (3-23-22)
Provided that the certificate holder continues to meet the criteria for certification and such certification has not been suspended, revoked, otherwise restricted or placed on voluntary inactive status, the effective period for certification is as follows: (3-23-22)
01. Senior/Approved Psychosexual Evaluator or Treatment Provider. Certification shall remain in effect for two (2) years. Certification renewal shall typically occur during the certificate holder's month of birth two (2) years following initial certification and every two (2) years thereafter. (3-23-22)
02. Associate/Supervised Psychosexual Evaluator or Treatment Provider. Certification shall remain in effect for two (2) years. Certification renewal shall typically occur during the certificate holder's month of birth two (2) years following initial certification and every two (2) years thereafter. (3-23-22)
03. Provisional/Supervised Psychosexual Evaluator or Treatment Provider. Certification shall remain in effect for one (1) year. Certification renewal shall typically occur during the certificate holder's month of birth one (1) year following initial certification and annually thereafter. Certification at the provisional/supervised level is limited to a period of three (3) years, at which time the certificate holder must meet minimum requirements for upgrade to the associate/supervised level to be eligible for certification renewal. (3-23-22)
04. Senior/Approved Post Conviction Sexual Offender Polygraph Examiner. Certification shall remain in effect for two (2) years. Certification renewal shall typically occur during the certificate holder's month of birth two (2) years following initial certification and every two (2) years. (3-23-22)
05. Associate/Supervised Post Conviction Sexual Offender Polygraph Examiner. Certification shall remain in effect for two (2) years from the certificate holder's month of birth following initial certification. Thereafter, the certificate holder must meet minimum requirements for upgrade to the senior/approved level to be eligible for certification renewal. (3-23-22)
334. APPLICABILITY AND NOTIFICATION OF CHANGES.
Certification shall only apply to the person named therein and is not transferable. The Board must be notified in writing within thirty (30) days of any change in the certificate holder's name, business address or phone number. (3-23-22)
335. REQUEST FOR PLACEMENT ON INACTIVE STATUS.
Any certificate holder may request placement on inactive status by submitting a written request to the SOMB specifying the reasons for the request and indicating the inactive status effective date. A certificate holder who is placed on inactive status shall be removed from the central roster of certified evaluators, treatment providers and post conviction sexual offender polygraph examiners. A person who has been placed on inactive status may reapply for certification in accordance with the established standards issued by the Board. (3-23-22)
336. -- 349. (RESERVED)
350. CENTRAL ROSTER OF PSYCHOSEXUAL EVALUATORS, SEXUAL OFFENDER TREATMENT PROVIDERS AND POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINERS.
01. Identification. The Board shall publish a central roster of psychosexual evaluators, sexual offender treatment providers and post conviction sexual offender polygraph examiners pursuant to Sections 18-8312 through 18-8316, Idaho Code, indicating: (3-23-22)
a. The certificate holder's name; (3-23-22) b. The certificate holder's business address and telephone number; (3-23-22) c. Whether the certificate holder is certified or approved by conditional waiver; (3-23-22) d. The category and applicable level of certification; (3-23-22)
e. The expiration date of the certification or conditional waiver; (3-23-22) f. Whether the certificate holder is approved to provide services to adult or juvenile clients, or both; (3-23-22) and g. Current formal disciplinary action imposed on a certificate holder by the Board. (3-23-22)
02. Availability. A copy of the central roster may be obtained from the Board or on the Board's website. (3-23-22)
351. -- 379. (RESERVED)
380. DENIAL AND GROUNDS FOR DISCIPLINE.
01. Cause. The Board may deny, suspend, revoke, restrict or otherwise monitor certification of an applicant or certificate holder for the following reasons: (3-23-22)
a. Failure to meet or maintain the minimum eligibility criteria and qualifications for certification; (3-23-22) b. Falsification of any information or documentation, or concealing a material fact in the application for certification, or during any investigation or quality assurance review; (3-23-22) c. Misrepresentation of current level or designation of certification, or practicing outside the scope or current level or designation of certification; (3-23-22) d. Failure to comply with Section 18-8316, Idaho Code, any portion of this chapter, or the established standards issued by the Board; (3-23-22) e. Failure to demonstrate an understanding of counter-transference issues and a broad knowledge of sexuality in the general populations, and basic theories and typologies of sexual offenders and sexual assault victims; (3-23-22) f. Failure or refusal to comply with the quality assurance review process or to cooperate during any investigation concerning certification, including failure or refusal to provide data, information or records as requested by the Board or designee; (3-23-22) g. Failure to comply with any informal disciplinary measures, remedial steps, corrective action or final order issued by the Board as a condition of continued certification, including practicing on a suspended or restricted certification; (3-23-22) h. Engaging in conduct that departs from the established standards issued by the Board; (3-23-22) i. Revocation, suspension, limitation, reprimand, voluntary surrender or any other disciplinary action or proceeding, including investigation against a license, certificate or privilege to practice by a professional licensing board; (3-23-22) j. Conviction of, or entry of a withheld judgment or plea of nolo contendere to conduct constituting a felony or crime of moral turpitude; or (3-23-22) k. Failure to notify the Board in writing of any circumstances that affect a certificate holder's eligibility for certification, including any disciplinary action taken by a respective professional licensing board or conviction of any felony or crime of moral turpitude. (3-23-22)
02. Mirroring Orders. If a state licensing board with authority over a certificate holder's professional license takes action against the professional license which suspends, restricts, limits, or affects the certificate holder's ability to provide services pursuant to their SOMB certification, the SOMB is authorized to issue an order
suspending, restricting, limiting, or otherwise affecting the certificate holder’s SOMB certification in the same fashion as the professional licensing board’s action. (3-23-22)
03. Emergency Suspension. Pursuant to Section 67-5247, Idaho Code, if the Board finds that public health, safety or welfare requires immediate emergency action the Board may take such action necessary to prevent or avoid the immediate danger as outlined in the established standards issued by the Board. (3-23-22)
01. Denial. An applicant whose certification was denied may reapply when evidence is available confirming that he meets the required qualifications for the respective area of practice as referenced in Sections 040, 080 or 200 of these rules; (3-23-22)
02. Suspension. A person whose certification has been suspended may apply for reinstatement after the suspension period has expired and following completion of any remedial steps or corrective action ordered by the Board, as outlined in the established standards issued by the Board; (3-23-22)
03. Restriction. A person whose certification has been restricted or otherwise monitored may request removal of the restrictions after the restriction period has expired. If no period of restriction was established, the request may be made following completion of any remedial steps or corrective action ordered by the Board, as outlined in the established standards issued by the Board; (3-23-22)
04. Revocation. A person whose certification has been revoked may request reinstatement after the revocation period has expired, as outlined in the established standards issued by the Board. The Board shall have discretion to impose any monitoring conditions upon a certificate holder whose certification has been reinstated following revocation; (3-23-22)
05. Withheld Discipline and Probation. A certificate holder whose formal discipline was withheld and placed on probationary status may request reinstatement after the probationary period has expired and any conditions imposed have been met, as outlined in the established standards issued by the Board. (3-23-22)
The levels of disciplinary action utilized by the Board against a certificate holder may generally include formal discipline, informal discipline or withholding formal discipline and probation. (3-23-22)
Formal disciplinary action consists of suspension, revocation or other restrictions. Formal disciplinary actions restrict or otherwise impede a certificate holder’s ability to perform sexual offender services consistent with their certification level. (3-23-22)
Informal disciplinary action consists of monitoring a certificate holder or issuing letters of informal reprimand or counseling. Informal disciplinary actions do not restrict or otherwise impede a certificate holder’s ability to perform sexual offender services consistent with their certification level. (3-23-22)
The Board may withhold the imposition of formal discipline and place the certificate holder on a period of probation not to exceed two (2) years. The Board may impose any conditions of probation as deemed necessary to ensure compliance with the established standards issued by the Board. Such probationary conditions may include attendance at specialized training, review of the certificate holder’s work product by the Board or its designee, or supervised practice by a senior level certificate holder. Failure to comply with a probationary condition imposed by the Board may result in the imposition of any suspended disciplinary action. (3-23-22)
Any individual may file against a certificate holder by submitting a written complaint to the Board, as outlined in the established standards issued by the Board. (3-23-22)
01. Initial Review. The Board’s designee shall conduct an initial review of any complaint or information received to determine if the Board has jurisdiction. (3-23-22)
02. Investigation. The Board’s designee shall conduct an investigation upon a determination that the Board has jurisdiction and a possible violation may exist. Investigative findings shall be presented to the Board as outlined in the established standards issued by the Board. (3-23-22)
The disciplinary process may be initiated as a result of a complaint received by the Board or a quality assurance review, or be based upon a review of information submitted to the Board during the certification process, monitoring process or while under formal probation. (3-23-22)
388. -- 399. (RESERVED)
Policies for technical review and quality assurance of psychosexual evaluation reports and sexual offender treatment services and polygraph examinations are outlined in the established standards issued by the Board. (3-23-22)
401. -- 449. (RESERVED)
01. Adult Psychosexual Evaluations. Pre-sentence psychosexual evaluations on adult sexual offenders shall be conducted pursuant to the established standards issued by the Board and written utilizing the “Required Format for Psychosexual Evaluation Reports,” found in the Idaho Sexual Offender Management Board Standard and Guidelines for Adult Sexual Offender Management Practices incorporated by reference in Subsection 003.03 of these rules. (3-23-22)
02. Juvenile Psychosexual Evaluations. Psychosexual evaluations on juveniles adjudicated for sexual offenses shall be conducted in accordance with the established standards issued by the Board and written utilizing the “Required Format for Juvenile Psychosexual Evaluation Reports,” found in the Idaho Sexual Offender Management Board Standard and Guidelines for Practitioners, Evaluations and Treatment of Juvenile Sexual Offenders incorporated by reference in Subsection 003.04 of these rules. (3-23-22)
03. Testing. The evaluator shall utilize testing instrumentation and assessment measures as outlined in the established standards issued by the Board. (3-23-22)
04. Client Participation. The client being evaluated may refuse or decline to participate in any testing, assessment measure, or physiological measure used for the pre-sentence psychosexual evaluation. The evaluator shall document the client’s refusal or declination in the psychosexual evaluation report. (3-23-22)
451. -- 479. (RESERVED)
Post conviction sexual offender polygraph examinations performed pursuant to an order or requirement by the court or requested by the Idaho Department of Correction or Idaho Commission for Pardons and Parole shall be conducted by a person certified by the Board to conduct such examinations and follow the established standards issued by the Board. (3-23-22)
481. -- 499. (RESERVED)
Specialized sexual offender treatment conducted pursuant to an order or requirement by the court, the Idaho Department of Correction, the Idaho Commission for Pardons and Parole, or the Idaho Department of Juvenile Corrections shall be conducted by a person certified by the Board to conduct such treatment and follow the established standards issued by the Board. (3-23-22)
501. -- 999. (RESERVED)