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Medical Professional Liability State Profile:

Idaho

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#7 ProAssurance State Rank
#42 Market Rank
$45,014,994 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.

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: Interest at the “legal rate” established by § 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; Id. Code § 28-22-104(1)2
  • Code § 12-301

Post-Judgment Tort Actions Rate: The rate established by Idaho Code § 28-22-104(2) (5% plus the base rate in effect on the date of entry)

Post-Judgment Accrual Date: The date of judgment, Id.

One-party or two-party state

Idaho is a one-party 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

Tort Laws

Limits on damages for pain and suffering: $430,740 cap on non-economic damages (adjusted annually to average wage index on 7/1)

  • Code §6-1603 (Effective 7/1/2004)

Limits on contingent attorney fees: None

Reform of collateral source rule: Mandatory

  • Code §6-1606 (1990)

Periodic payment of future damages: Discretionary over $100,000 at request of either party

  • Id. Code §6-1602 (1987)

Statute of limitations: 2 years; 1 year Foreign Object

  • Id. Code §5-219 (1971)

Abortion Law

Now that the Supreme Court has overturned Roe:

Wisconsin legislators will try to prohibit abortion. The current governor is supportive of abortion rights, and the Attorney General has sued the Speaker and Majority Leader of the Wisconsin Legislature seeking a declaratory judgment that the pre-Roe ban is unenforceable.

Abortion Bans:

  • Telemedicine ban
  • Gestational ban
    • 22-week LMP
    • Viability
  • Method ban (enjoined)

Abortion Restrictions:

  • Mandatory ultrasound requirement
  • Biased counseling requirement
  • Waiting period requirement
  • TRAP requirements: facilities
    • Facility requirements
  • TRAP requirements: providers
    • Reporting requirement
    • Admitting privilege requirement (enjoined)
    • Transfer agreement requirement
  • Parental involvement
    • Parental consent requirement

Abortion Protections:

  • Clinic safety and access law