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Medical Professional Liability State Profile:

Idaho

PRA New Business Paper
#7 ProAssurance State Rank
#42 Market Rank
$45,921,576 Size of MPL Market

CME Requirements

Credit Amount
Idaho requires 40 hours of practice-relevant Category 1 CME credits per licensure cycle. 

Licensure Cycle
Biennial

Topics
 As of February 2021, the Idaho Board of Medicine does not have specific requirements. It allows physicians to self-select topics around which they can earn CME and meet licensure requirements. 

CME requirements listed above were updated based on information from the Idaho Board of Medicine, but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm Idaho's current requirements on the Idaho Board of Medicine’s CME page.

Physician Market Comparison

Idaho = $22,723,588
About the same as New Hampshire ($23,877,956)
Arkansas is about twice the size ($45,765,493)
Wyoming is about half the size ($11,791,020) 

Region

West

New Business Paper

ProAssurance

Tort Laws

Limits on damages for pain and suffering: $490,512 cap on noneconomic damages (adjusted annually to average wage index on 7/1)
  • Idaho Code Ann. § 6-1603
Limits on contingent attorney fees: None
Reform of collateral source rule: Mandatory
  • Idaho Code Ann. § 6-1606
Periodic payment of future damages: Discretionary over $100,000 at request of either party
  • Idaho Code Ann. § 6-1602
Statute of limitations: Two-year; one-year Foreign Object
  • Idaho Code Ann. § 5-219

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: 5% plus the base rate in effect on the date of entry Interest, calculated as established by § 28-22-104(2).
  • Idaho Code Ann. § 28-22-104(2); Schenk v. Smith, 793 P.2d 231 (Idaho Ct. App. 1990)
Prejudgment Accrual Date: The date money becomes “due” and the amount is liquidated or can be ascertained by mathematical computation. In addition, if the plaintiff makes an offer of settlement and, at trial, receives a judgment that equals or exceeds the offer of settlement, the plaintiff can recover interest at the “legal rate” established in Idaho Code § 28-22-104(2) from the date of the offer of settlement.
  • Schenk v. Smith, 793 P.2d 231 (Idaho Ct. App. 1990); Idaho Code Ann. §§ 28-22-104(1)2; 28-22-104(2); 12-301
Post-Judgment Tort Actions Rate: 5% plus the base rate in effect on the date of entry, calculated as established by Idaho Code § 28-22-104(2).
  • Idaho Code Ann. § 28-22-104(2)
Post-Judgment Accrual Date: The date of judgment.
  • Idaho Code Ann. § 28-22-104(2)

One-party or two-party state

Idaho is a one-party consent state.

Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702.

Abortion Law

Now that the Supreme Court has overturned Roe:

Idaho argues that it can enforce its trigger ban, which criminalizes abortion.