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H0565aa...............................................by HEALTH AND WELFARE RESIDENTIAL CARE ADMINISTRATORS - Amends existing law relating to the Idaho Residential Care Administrators Act to revise provisions applicable to educational programs; to revise provisions applicable to the issuance of residential care facility administrator licenses; and to revise grounds for disciplinary action. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Health/Wel 02/27 Rpt out - to Gen Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 61-0-9 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Black, Boe, Brackett, Ring, Sali, Sayler, Stevenson, Trail Floor Sponsor - McGeachin Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Health/Wel 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Broadsword Title apvd - to House 03/15 To enrol 03/16 Rpt enrol - Sp signed 03/17 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 125 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 565 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT; AMENDING SECTION 3 54-4208, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO EDUCATIONAL PRO- 4 GRAMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-4211, IDAHO 5 CODE, TO REMOVE LANGUAGE PROVIDING FOR THE ISSUANCE OF RESIDENTIAL CARE 6 FACILITY ADMINISTRATOR LICENSES TO CERTAIN INDIVIDUALS; AND AMENDING SEC- 7 TION 54-4213, IDAHO CODE, TO REVISE GROUNDS FOR DISCIPLINARY ACTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-4208, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-4208. ISSUANCE OF LICENSE -- EDUCATIONAL PROGRAMS. (1) An applicant 12 for a license as a residential care facility administrator who has success- 13 fully complied with the requirements of section 54-4206, Idaho Code, and the 14 standards provided for therein, has passed the examination provided for in 15 section 54-4207, Idaho Code, and, where applicable, has complied with the 16 requirements of section 54-4211, Idaho Code, shall be issued a license. 17 (2).Any license issued by the board under or pursuant to the provisions 18 of this section shall be under the hand and seal of the chairman of the board. 19 (3)If the board finds that programs of training and instruction con-20ducted within the state are not sufficient in number or content to enable21applicants for residential care facility administrators' licenses and residen-22tial care facility administrators to meet requirements established pursuant to23this chapter, it shall institute and conduct or arrange with others to conduct24one (1) or more such programs, and shall make provision for their accessibil-25ity to appropriate residents of this state.The board may approve programs 26 conducted within and outside of this state as sufficient to meet education and 27 training requirements established pursuant to this chapter. 28 SECTION 2. That Section 54-4211, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-4211. PROVISIONAL PERMITS.(1)Pending issuance of a license, the 31 board may issue a provisional permit for a period not exceeding three (3) 32 months, without an examination to an applicant who files a written application 33 for a provisional permit and who is otherwise qualified but does not meet the 34 examination requirements and is applying to fill a vacancy on an emergency 35 basis. 36(2) Any individual who holds a valid Idaho nursing home administrator's37license and is in good standing according to the provisions of chapter 16,38title 54, Idaho Code, shall be deemed to meet the requirements for issuance of39a residential care facility administrator's license and shall be issued one,40upon application and payment of appropriate fees.2 1 SECTION 3. That Section 54-4213, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or 4 refuse to renew, or refuse to issue, any license or permit issued under the 5 provisions of this chapter, or may reprimand, censure or otherwise discipline 6 the holder of a license or permit in accordance with the provisions of this 7 section upon decision and after due hearing in any of the following cases: 8 (a) Upon proof that such licensee is reasonably unfit to operate a resi- 9 dential care facility; 10 (b) Upon proof of the willful or repeated violation of any of the provi- 11 sions of this chapter or the rules enacted in accordance with, or of will- 12 ful or repeated actions in a manner inconsistent with the health and 13 safety of patients; 14 (c) Upon proof that such licensee hasbeen convicted or found guilty of15 committed fraud or deceit in the practice of residential care facility 16 administration or related activities or in the licensee's admission to 17 such practice; 18 (d) Upon proof that such licensee has permitted the unauthorized disclo- 19 sure of information relating to a resident in the residential care facil- 20 ity under the administration of the licensee; 21 (e) Conviction of, pleading guilty or nolo contendere to, or receiving a 22 withheld judgment of, a felony or any crime involving dishonesty or the 23 health or safety of a person; 24 (f) Upon proof that the administrator had a license to practice a health 25 care profession or occupation in another state or jurisdiction and such 26 license was suspended or revoked or the administrator has otherwise been 27 disciplined. 28 (2) The board, or a hearing officer designated by it, shall have juris- 29 diction to hear all charges brought under the provisions of this section 30 against residential care facility administrators, or provisional residential 31 care facility administrators, and upon such hearings shall determine such 32 charges upon their merits. 33 (3) Proceedings under this section shall be initiated by filing with the 34 board, charges in writing and under oath. The board on its own motion may con- 35 duct an investigation and initiate charges. The procedures for notification 36 and the hearing on such charges, unless dismissed by the board as unfounded or 37 trivial, shall be conducted pursuant to the provisions of chapter 52, title 38 67, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by McGeachin Seconded by Bilbao IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 565 1 AMENDMENTS TO SECTION 2 2 On page 1 of the printed bill, in line 30, delete "(1)" and insert: "(1)"; 3 and delete lines 36 through 40 and insert: 4 "(2) Any individual who holds a valid Idaho nursing home administrator's 5 license and is in good standing according to the provisions of chapter 16, 6 title 54, Idaho Code,shallmay be deemed to meet the requirements for issu- 7 ance of a residential care facility administrator's license andshallmay be 8 issued one, upon application and payment of appropriate fees.". 9 CORRECTION TO TITLE 10 On page 1, delete lines 5 and 6 and insert: "CODE, TO REVISE PROVISIONS 11 APPLICABLE TO THE ISSUANCE OF A RESIDENTIAL CARE FACILITY ADMINISTRATOR'S 12 LICENSE; AND AMENDING SEC-".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 565, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT; AMENDING SECTION 3 54-4208, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO EDUCATIONAL PRO- 4 GRAMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-4211, IDAHO 5 CODE, TO REVISE PROVISIONS APPLICABLE TO THE ISSUANCE OF A RESIDENTIAL 6 CARE FACILITY ADMINISTRATOR'S LICENSE; AND AMENDING SECTION 54-4213, IDAHO 7 CODE, TO REVISE GROUNDS FOR DISCIPLINARY ACTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-4208, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-4208. ISSUANCE OF LICENSE -- EDUCATIONAL PROGRAMS. (1) An applicant 12 for a license as a residential care facility administrator who has success- 13 fully complied with the requirements of section 54-4206, Idaho Code, and the 14 standards provided for therein, has passed the examination provided for in 15 section 54-4207, Idaho Code, and, where applicable, has complied with the 16 requirements of section 54-4211, Idaho Code, shall be issued a license. 17 (2).Any license issued by the board under or pursuant to the provisions 18 of this section shall be under the hand and seal of the chairman of the board. 19 (3)If the board finds that programs of training and instruction con-20ducted within the state are not sufficient in number or content to enable21applicants for residential care facility administrators' licenses and residen-22tial care facility administrators to meet requirements established pursuant to23this chapter, it shall institute and conduct or arrange with others to conduct24one (1) or more such programs, and shall make provision for their accessibil-25ity to appropriate residents of this state.The board may approve programs 26 conducted within and outside of this state as sufficient to meet education and 27 training requirements established pursuant to this chapter. 28 SECTION 2. That Section 54-4211, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-4211. PROVISIONAL PERMITS. (1) Pending issuance of a license, the 31 board may issue a provisional permit for a period not exceeding three (3) 32 months, without an examination to an applicant who files a written application 33 for a provisional permit and who is otherwise qualified but does not meet the 34 examination requirements and is applying to fill a vacancy on an emergency 35 basis. 36 (2) Any individual who holds a valid Idaho nursing home administrator's 37 license and is in good standing according to the provisions of chapter 16, 38 title 54, Idaho Code,shallmay be deemed to meet the requirements for issu- 39 ance of a residential care facility administrator's license andshallmay be 40 issued one, upon application and payment of appropriate fees. 2 1 SECTION 3. That Section 54-4213, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or 4 refuse to renew, or refuse to issue, any license or permit issued under the 5 provisions of this chapter, or may reprimand, censure or otherwise discipline 6 the holder of a license or permit in accordance with the provisions of this 7 section upon decision and after due hearing in any of the following cases: 8 (a) Upon proof that such licensee is reasonably unfit to operate a resi- 9 dential care facility; 10 (b) Upon proof of the willful or repeated violation of any of the provi- 11 sions of this chapter or the rules enacted in accordance with, or of will- 12 ful or repeated actions in a manner inconsistent with the health and 13 safety of patients; 14 (c) Upon proof that such licensee hasbeen convicted or found guilty of15 committed fraud or deceit in the practice of residential care facility 16 administration or related activities or in the licensee's admission to 17 such practice; 18 (d) Upon proof that such licensee has permitted the unauthorized disclo- 19 sure of information relating to a resident in the residential care facil- 20 ity under the administration of the licensee; 21 (e) Conviction of, pleading guilty or nolo contendere to, or receiving a 22 withheld judgment of, a felony or any crime involving dishonesty or the 23 health or safety of a person; 24 (f) Upon proof that the administrator had a license to practice a health 25 care profession or occupation in another state or jurisdiction and such 26 license was suspended or revoked or the administrator has otherwise been 27 disciplined. 28 (2) The board, or a hearing officer designated by it, shall have juris- 29 diction to hear all charges brought under the provisions of this section 30 against residential care facility administrators, or provisional residential 31 care facility administrators, and upon such hearings shall determine such 32 charges upon their merits. 33 (3) Proceedings under this section shall be initiated by filing with the 34 board, charges in writing and under oath. The board on its own motion may con- 35 duct an investigation and initiate charges. The procedures for notification 36 and the hearing on such charges, unless dismissed by the board as unfounded or 37 trivial, shall be conducted pursuant to the provisions of chapter 52, title 38 67, Idaho Code.
STATEMENT OF PURPOSE RS 15378 Amending section 54-4208, Idaho Code, to clarify approved educational training programs and to correct punctuation. Amending section 54-4211, Idaho Code to delete language that qualifies licensed nursing home administrators without examination or experience for licensure as residential care facility administrators FISCAL NOTE There is no fiscal impact on general or dedicated funds. CONTACT Name: Rayola Jacobsen Agency: Occupational License, Bureau Phone: 334-3233 STATEMENT OF PURPOSE/FISCAL NOTE H 565