2006 Legislation
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HOUSE BILL NO. 565 – Residentl care admin, license, educ

HOUSE BILL NO. 565

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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-
 20    ducted  within  the  state  are  not sufficient in number or content to enable
 21    applicants for residential care facility administrators' licenses and residen-
 22    tial care facility administrators to meet requirements established pursuant to
 23    this chapter, it shall institute and conduct or arrange with others to conduct
 24    one (1) or more such programs, and shall make provision for their  accessibil-
 25    ity  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, shall be deemed to meet the requirements for issuance of
 39    a  residential  care facility administrator's license and shall be issued one,
 40    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 has been convicted or found  guilty  of
 15        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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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, shall may be deemed to meet the requirements  for  issu-
  7    ance  of  a residential care facility administrator's license and shall may 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-".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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-
 20    ducted within the state are not sufficient in  number  or  content  to  enable
 21    applicants for residential care facility administrators' licenses and residen-
 22    tial care facility administrators to meet requirements established pursuant to
 23    this chapter, it shall institute and conduct or arrange with others to conduct
 24    one  (1) or more such programs, and shall make provision for their accessibil-
 25    ity 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, shall may be deemed to meet the requirements  for  issu-
 39    ance  of  a residential care facility administrator's license and shall may 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 has been convicted or found  guilty  of
 15        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 / Fiscal Impact


                      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