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.

History:

[39-4515, added 2006, ch. 67, sec. 6, p. 209.]