39-5608. LIABILITY OF ACTIONS UNDER THIS CHAPTER. (1) The participant, his designee or legal representative, if such is responsible, shall be liable for any acts of the participant performed or committed while receiving care or services under the provisions of this chapter.
(2) The department shall not be held liable for any actions under this chapter, except pursuant to section 39-5603(13), Idaho Code, when the representative of the department is acting on behalf of the participant, his designee or legal representative; however, the provisions of section 39-5603(11), Idaho Code, shall remain in force.
(3) Nothing in this chapter shall exempt the provider of services from any liability caused by such provider’s negligence, abuse, or other improper action of the provider.
History:
[(39-5608) 39-A4707, as added by 1981, ch. 65, sec. 1, p. 93; am. and redesignated 1990, ch. 326, sec. 7, p. 893; am. and redesig. 1997, ch. 316, sec. 6, p. 937; am. 2000, ch. 274, sec. 129, p. 865; am. 2006, ch. 283, sec. 2, p. 871.]
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