2006 Legislation
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HOUSE BILL NO. 832 – H&W Bd, powers & duties

HOUSE BILL NO. 832

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H0832aa...................................................by WAYS AND MEANS
HEALTH AND WELFARE BOARD - Amends existing law to provide for oversight of
the Department of Health and Welfare by the Board of Health and Welfare; to
provide an exception to the powers and duties of the director of the
Department of Health and Welfare; to increase membership of the Board of
Health and Welfare; to provide for certain qualifications for board
members; to provide for additional voting and nonvoting members; to remove
the requirement that a board secretary be elected; to provide for meetings
and special meetings; to clarify the scope of the board's duties; to revise
voting requirements; to provide additional powers and duties of the board;
and to require certain issues be addressed in an annual report by the board
to the Governor and the Legislature.
                                                                        
03/17    House intro - 1st rdg - to printing
03/20    Rpt prt - to Health/Wel
03/27    Rpt out - to Gen Ord
03/28    Rpt out amen - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 59-5-6
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Lake,
      LeFavour, Martinez, Mathews, McKague, Miller, Mitchell, Moyle,
      Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
      Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Loertscher, Nonini, Rydalch, Sali
      Absent and excused -- Bayer, Field(23), Kemp, McGeachin, Smylie, Mr.
      Speaker
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/31    Senate intro - 1st rdg - to Health/Wel
04/03    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      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 -- Fulcher, Gannon, Geddes
    Floor Sponsor - Keough
    Title apvd - to House
04/04    To enrol - Rpt enrol - Sp signed - Pres signed
    To Governor
04/10    Governor signed
         Session Law Chapter 416
         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. 832
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION  56-1003,  IDAHO
  3        CODE,  TO PROVIDE FOR OVERSIGHT OF THE DEPARTMENT OF HEALTH AND WELFARE BY
  4        THE BOARD OF HEALTH AND WELFARE AND TO PROVIDE AN EXCEPTION TO THE  POWERS
  5        AND  DUTIES  OF  THE  DEPARTMENT'S DIRECTOR; AND AMENDING SECTION 56-1005,
  6        IDAHO CODE, TO INCREASE THE MEMBERSHIP OF THE BOARD, TO PROVIDE  FOR  CER-
  7        TAIN  QUALIFICATIONS  FOR BOARD MEMBERS APPOINTED BY THE GOVERNOR, TO PRO-
  8        VIDE FOR CERTAIN ADDITIONAL VOTING AND NONVOTING MEMBERS TO THE BOARD,  TO
  9        REMOVE  THE  REQUIREMENT THAT A BOARD SECRETARY BE ELECTED, TO PROVIDE FOR
 10        MEETINGS AND SPECIAL MEETINGS, TO REVISE BOARD DUTIES,  TO  REVISE  VOTING
 11        REQUIREMENTS, TO PROVIDE ADDITIONAL BOARD POWERS AND DUTIES AND TO REQUIRE
 12        CERTAIN  ISSUES  TO  BE  ADDRESSED IN AN ANNUAL REPORT BY THE BOARD TO THE
 13        GOVERNOR AND LEGISLATURE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 56-1003, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        56-1003.  POWERS  AND  DUTIES OF THE DIRECTOR. The director shall have the
 18    following powers and duties:
 19        (1) All of the powers and duties of the department of public  health,  the
 20    department  of health, the board of health and all nonenvironmental protection
 21    duties of the department of health and welfare are hereby vested to the direc-
 22    tor of the department of health and welfare. Provided however, that  oversight
 23    of  the  department  and  rulemaking  and hearing functions relating to public
 24    health and licensure and certification standards shall be vested in the  board
 25    of  health  and  welfare.  Except when the authority is vested in the board of
 26    health and welfare under law,  tThe director shall have all  such  powers  and
 27    duties  as  may  have been or could have been exercised by his predecessors in
 28    law, including the authority to adopt, promulgate, and enforce rules, in those
 29    circumstances when the authority to adopt, promulgate, and enforce such  rules
 30    is  not  vested in the board of health and welfare, and shall be the successor
 31    in law to all contractual obligations entered into by predecessors in law. All
 32    rulemaking proceedings and hearings of the director shall be governed  by  the
 33    provisions of chapter 52, title 67, Idaho Code.
 34        (2)  The  director  shall,  pursuant  and subject to the provisions of the
 35    Idaho Code, and the provisions of this chapter, formulate and recommend to the
 36    board rules, codes and standards, as may be necessary to  deal  with  problems
 37    related  to personal health, and licensure and certification requirements per-
 38    tinent thereto, which shall, upon adoption by the board, have the force of law
 39    relating to any purpose which may be necessary and feasible for enforcing  the
 40    provisions  of this chapter including, but not limited to, the maintenance and
 41    protection of personal health. Any such rule or standard  may  be  of  general
 42    application  throughout  the state or may be limited as to times, places, cir-
 43    cumstances or conditions  in  order  to  make  due  allowance  for  variations
                                                                        
                                           2
                                                                        
  1    therein.
  2        (3)  The  director,  under  the  rules, codes or standards adopted by him,
  3    shall have the general supervision of the  promotion  and  protection  of  the
  4    life,  health  and  mental  health of the people of this state. The powers and
  5    duties of the director shall include, but not be limited to, the following:
  6        (a)  The issuance of licenses and permits as prescribed by law and by  the
  7        rules of the board;
  8        (b)  The  supervision  and administration of laboratories and the supervi-
  9        sion and administration of standards of tests for environmental pollution,
 10        chemical analyses and communicable diseases. The director may require that
 11        laboratories operated by any city, county, institution,  person,  firm  or
 12        corporation  for health or environmental purposes conform to standards set
 13        by the board of health and welfare and the board of environmental quality;
 14        (c)  The supervision and administration of a mental health program,  which
 15        shall  include  services for the evaluation, screening, custody and treat-
 16        ment of the mentally ill and those persons suffering from a mental defect,
 17        or mental defects;
 18        (d)  The enforcement of minimum standards of health, safety and sanitation
 19        for all public swimming pools within the state;
 20        (e)  The supervision and administration of the various schools,  hospitals
 21        and institutions that were the responsibility of the board of health;
 22        (f)  The supervision and administration of services dealing with the prob-
 23        lems of alcoholism including, but not limited to, the care and rehabilita-
 24        tion of persons suffering from alcoholism;
 25        (g)  The  establishment  of  liaison  with other governmental departments,
 26        agencies and boards in order  to  effectively  assist  other  governmental
 27        entities with the planning for the control of or abatement of health prob-
 28        lems.  All  of the rules and standards adopted by the board shall apply to
 29        state institutions;
 30        (h)  The supervision and administration of an  emergency  medical  service
 31        program  including, but not limited to, assisting other governmental agen-
 32        cies and local governmental units, in providing first aid emergency  medi-
 33        cal services and for transportation of the sick and injured;
 34        (i)  The  supervision  and  administration  of  administrative units whose
 35        responsibility shall be to assist and encourage  counties,  cities,  other
 36        governmental  units,  and industries in the control of and/or abatement of
 37        health problems;
 38        (j)  The enforcement of all laws, rules, codes and standards  relating  to
 39        health.
 40        (4)  The  director,  when  so  designated  by the governor, shall have the
 41    power to apply for, receive on behalf of the state, and  utilize  any  federal
 42    aid,  grants,  gifts, gratuities, or moneys made available through the federal
 43    government.
 44        (5)  The director shall have the power to enter into  and  make  contracts
 45    and  agreements with any public agencies or municipal corporations for facili-
 46    ties, land, and equipment when such use will have a beneficial,  recreational,
 47    or  therapeutic  effect  or be in the best interest in carrying out the duties
 48    imposed upon the department.
 49        The director shall also have the power to enter  into  contracts  for  the
 50    expenditure  of  state matching funds for local purposes. This subsection will
 51    constitute the authority for public  agencies  or  municipal  corporations  to
 52    enter into such contracts and expend money for the purposes delineated in such
 53    contracts.
 54        (6)  The  director  is  authorized to adopt an official seal to be used on
 55    appropriate occasions, in connection with the functions of the  department  or
                                                                        
                                           3
                                                                        
  1    the  board,  and  such  seal shall be judicially noticed. Copies of any books,
  2    records, papers and other documents in the department  shall  be  admitted  in
  3    evidence  equally  with  the  originals  thereof when authenticated under such
  4    seal.
  5        (7)  The director, under rules adopted by the board of health and welfare,
  6    shall have the power to impose and enforce orders of isolation and  quarantine
  7    to  protect  the public from the spread of infectious or communicable diseases
  8    or from contamination from chemical or biological  agents,  whether  naturally
  9    occurring or propagated by criminal or terrorist act.
 10        (a)  An  order  of isolation or quarantine issued pursuant to this section
 11        shall be a final agency action for purposes of judicial  review.  However,
 12        this  shall not prevent the director from reconsidering, amending or with-
 13        drawing the order. Judicial review of orders of  isolation  or  quarantine
 14        shall  be  de  novo. The court may affirm, reverse or modify the order and
 15        shall affirm the order if it appears by a preponderance  of  the  evidence
 16        that  the  order is reasonably necessary to protect the public from a sub-
 17        stantial and immediate danger of the spread of an infectious or communica-
 18        ble disease or from contamination by a chemical or biological agent.
 19        (b)  If the director has reasonable cause to believe a chemical or biolog-
 20        ical agent has been released in an identifiable place, including a  build-
 21        ing  or  structure,  an  order of quarantine may be imposed to prevent the
 22        movement of persons into or out of that place, for  a  limited  period  of
 23        time,  for  the purpose of determining whether a person or persons at that
 24        place have been contaminated with a chemical or biological agent which may
 25        create a substantial and immediate danger to the public.
 26        (c)  Any person who violates an order of isolation or quarantine shall  be
 27        guilty of a misdemeanor.
                                                                        
 28        SECTION  2.  That  Section 56-1005, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        56-1005.  BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION  --  POWERS  --
 31    SUBPOENA  --  DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
 32    fare shall consist of eleven (11) members, seven  (7)  members  who  of  which
 33    shall be appointed by the governor, with the advice and consent of the senate.
 34    The  members  appointed  by  the  governor  may be removed by the governor for
 35    cause. Each member of the board appointed by the governor shall be  a  citizen
 36    of  the United States, a resident of the state of Idaho, and a qualified elec-
 37    tor. Not more than four (4) members of the board  appointed  by  the  governor
 38    shall  be  from  any  one (1) political party. All Of the members of the board
 39    appointed by the governor, four (4) members shall be chosen with due regard to
 40    their knowledge and interest in health and social services,  two  (2)  members
 41    shall  be chosen based on their experience in business or finance, and one (1)
 42    member shall be selected as a representative of the public at large. The other
 43    four (4) members of the board shall be:
 44        (a)  The chairperson of the senate health and welfare  committee,  or  the
 45        chair's designee;
 46        (b)  The  chairperson  of  the house of representatives health and welfare
 47        committee, or the chair's designee;
 48        (c)  The director of the department of health and welfare, who shall serve
 49        as the board's secretary and as a nonvoting member; and
 50        (d)  A representative of the office of the governor, as designated by  the
 51        governor, who shall serve as a nonvoting member.
 52        (2)  The  members of the board of health and welfare appointed by the gov-
 53    ernor, serving on the effective date of this act shall continue in  office  as
                                                                        
                                           4
                                                                        
  1    members of the board of health and welfare. All members of the board of health
  2    and welfare appointed by the governor shall serve four (4) year terms.
  3        (3)  The board annually shall elect a chairman, and a vice chairman, and a
  4    secretary,  and  shall  hold such meetings as may be necessary for the orderly
  5    conduct of its business, and such meetings shall be held from time to time  on
  6    seventy-two (72) hours' notice of the chairman or a majority of the members no
  7    less  than  once  every  two  (2) months. Special meetings of the board may be
  8    called by the chairman of the board, by a majority of the  voting  members  of
  9    the  board or, on written request, by the director of the department of health
 10    and welfare. Five (5) members shall be necessary to constitute a quorum at any
 11    regular or special meeting and the action of the majority of  members  present
 12    shall  be  the  action of the board. The members of the board shall be compen-
 13    sated as provided in section 59-509(h), Idaho Code.
 14        (4)  The board, in furtherance of its duties under this act law and  under
 15    its rules, shall have the power to administer oaths, certify to official acts,
 16    and  to  issue subpoenas for the attendance of witnesses and the production of
 17    papers, books, accounts, documents and testimony. The board may, if a  witness
 18    refuses  to  attend or testify, or to produce any papers required by such sub-
 19    poenas, report to the district court in and for the county in which  the  pro-
 20    ceeding  is pending, by petition, setting forth that due notice has been given
 21    of the time and place of attendance of said witnesses, or  the  production  of
 22    said papers, that the witness has been properly summoned, and that the witness
 23    has  failed  and refused to attend or produce the papers required by this sub-
 24    poena before the board, or has refused to answer questions propounded  to  him
 25    in  the  course of said proceedings, and ask an order of said court compelling
 26    the witness to attend and testify and produce said papers  before  the  board.
 27    The  court, upon the petition of the board, shall enter an order directing the
 28    witness to appear before the court at a time and place  to  be  fixed  by  the
 29    court  in such order, the time to be not more than ten (10) days from the date
 30    of the order, and then and there shall show cause why he has not attended  and
 31    testified or produced said papers before the board. A copy of said order shall
 32    be  served  upon  said witness. If it shall appear to the court that said sub-
 33    poena was regularly issued by the board and regularly served, the court  shall
 34    thereupon  order  that  said  witness  appear before the board at the time and
 35    place fixed in said order, and testify or produce the  required  papers.  Upon
 36    failure  to  obey said order, said witness shall be dealt with for contempt of
 37    court.
 38        (5)  The director, his designee, or any party to the  action  may,  in  an
 39    investigation  or hearing before the board, cause the deposition or interroga-
 40    tory of witnesses or parties residing within or without the state, to be taken
 41    in the manner prescribed by law for like depositions  and  interrogatories  in
 42    civil  actions in the district court of this state, and to that end may compel
 43    the attendance of said witnesses and production of  books,  documents,  papers
 44    and accounts.
 45        (6)  Any  person  aggrieved  by an action or inaction of the department of
 46    health and welfare shall be afforded an opportunity for a  fair  hearing  upon
 47    request  therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
 48    the rules promulgated thereunder. In those cases  where  the  board  has  been
 49    granted  the  authority  to hold such a hearing pursuant to a provision of the
 50    Idaho Code, the hearing may be conducted by the board at a regular or  special
 51    meeting, or the board may designate hearing officers, who shall have the power
 52    and  authority  to  conduct  hearings in the name of the board at any time and
 53    place. In any hearing, a member of the board or hearing officer designated  by
 54    it,  shall have the power to administer oaths, examine witnesses, and issue in
 55    the name of the board subpoenas requiring the testimony of witnesses  and  the
                                                                        
                                           5
                                                                        
  1    production of evidence relevant to any matter in the hearing.
  2        (7)  Any  person adversely affected by a final determination of the board,
  3    may secure judicial review by filing a petition for review as prescribed under
  4    the provisions of chapter 52, title 67, Idaho Code. The  petition  for  review
  5    shall  be  served  upon the chairman of the board, the director of the depart-
  6    ment, and upon the attorney general of the state of Idaho. Such service  shall
  7    be  jurisdictional  and  the provisions of this section shall be the exclusive
  8    procedure for appeal.
  9        (8)  The board, by the affirmative vote of four (4) five (5) of  its  mem-
 10    bers,  may  adopt,  amend  or  repeal  the  rules, codes, and standards of the
 11    department, that are necessary and feasible in order to carry out the purposes
 12    and provisions of this act its duties and responsibilities and to enforce  the
 13    laws of this state.
 14        The  rules  and orders so adopted and established shall have the force and
 15    effect of law and may deal with any matters deemed necessary and feasible  for
 16    protecting the health of the state.
 17        (9)  All  rulemaking  proceedings  and hearings of the board shall be gov-
 18    erned by the provisions of chapter 52, title 67, Idaho Code.
 19        (10) In addition to any other powers and duties granted to the board under
 20    law, the board shall:
 21        (a)  Advise the director and the governor on department fiscal, policy and
 22        administrative matters;
 23        (b)  Review and advise the director regarding the  department's  strategic
 24        plan and performance measures;
 25        (c)  Develop  goals  and  standards  to  measure department efficiency and
 26        effectiveness;
 27        (d)  Review and  advise  the  director  and  the  governor  on  department
 28        initiatives; and
 29        (e)  Evaluate  the  performance  of  the  other advisory boards within the
 30        department.
 31        (11) The board shall provide an annual report to the governor and  to  the
 32    legislature prior to the start of each legislative session, addressing:
 33        (a)  The key department fiscal and policy issues;
 34        (b)  The department's managerial and overall performance;
 35        (c)  The major proposed and ongoing departmental initiatives; and
 36        (d)  The  issues  related to the performance of the boards that advise the
 37        department on specific policy or program areas.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Rusche              
                                                                        
                                                     Seconded by Henbest             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 832
                                                                        
  1                               AMENDMENTS TO SECTION 2
  2        On page 5 of the printed bill, in line 26, following ";" insert: "and"; in
  3    line 28, delete "; and" and insert: "."; delete lines 29 and 30; in  line  34,
  4    following  ";"  insert: "and"; in line 35, delete "; and" and insert: "."; and
  5    delete lines 36 and 37.

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. 832, As Amended
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION  56-1003,  IDAHO
  3        CODE,  TO PROVIDE FOR OVERSIGHT OF THE DEPARTMENT OF HEALTH AND WELFARE BY
  4        THE BOARD OF HEALTH AND WELFARE AND TO PROVIDE AN EXCEPTION TO THE  POWERS
  5        AND  DUTIES  OF  THE  DEPARTMENT'S DIRECTOR; AND AMENDING SECTION 56-1005,
  6        IDAHO CODE, TO INCREASE THE MEMBERSHIP OF THE BOARD, TO PROVIDE  FOR  CER-
  7        TAIN  QUALIFICATIONS  FOR BOARD MEMBERS APPOINTED BY THE GOVERNOR, TO PRO-
  8        VIDE FOR CERTAIN ADDITIONAL VOTING AND NONVOTING MEMBERS TO THE BOARD,  TO
  9        REMOVE  THE  REQUIREMENT THAT A BOARD SECRETARY BE ELECTED, TO PROVIDE FOR
 10        MEETINGS AND SPECIAL MEETINGS, TO REVISE BOARD DUTIES,  TO  REVISE  VOTING
 11        REQUIREMENTS, TO PROVIDE ADDITIONAL BOARD POWERS AND DUTIES AND TO REQUIRE
 12        CERTAIN  ISSUES  TO  BE  ADDRESSED IN AN ANNUAL REPORT BY THE BOARD TO THE
 13        GOVERNOR AND LEGISLATURE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 56-1003, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        56-1003.  POWERS  AND  DUTIES OF THE DIRECTOR. The director shall have the
 18    following powers and duties:
 19        (1) All of the powers and duties of the department of public  health,  the
 20    department  of health, the board of health and all nonenvironmental protection
 21    duties of the department of health and welfare are hereby vested to the direc-
 22    tor of the department of health and welfare. Provided however, that  oversight
 23    of  the  department  and  rulemaking  and hearing functions relating to public
 24    health and licensure and certification standards shall be vested in the  board
 25    of  health  and  welfare.  Except when the authority is vested in the board of
 26    health and welfare under law,  tThe director shall have all  such  powers  and
 27    duties  as  may  have been or could have been exercised by his predecessors in
 28    law, including the authority to adopt, promulgate, and enforce rules, in those
 29    circumstances when the authority to adopt, promulgate, and enforce such  rules
 30    is  not  vested in the board of health and welfare, and shall be the successor
 31    in law to all contractual obligations entered into by predecessors in law. All
 32    rulemaking proceedings and hearings of the director shall be governed  by  the
 33    provisions of chapter 52, title 67, Idaho Code.
 34        (2)  The  director  shall,  pursuant  and subject to the provisions of the
 35    Idaho Code, and the provisions of this chapter, formulate and recommend to the
 36    board rules, codes and standards, as may be necessary to  deal  with  problems
 37    related  to personal health, and licensure and certification requirements per-
 38    tinent thereto, which shall, upon adoption by the board, have the force of law
 39    relating to any purpose which may be necessary and feasible for enforcing  the
 40    provisions  of this chapter including, but not limited to, the maintenance and
 41    protection of personal health. Any such rule or standard  may  be  of  general
 42    application  throughout  the state or may be limited as to times, places, cir-
 43    cumstances or conditions  in  order  to  make  due  allowance  for  variations
                                                                        
                                           2
                                                                        
  1    therein.
  2        (3)  The  director,  under  the  rules, codes or standards adopted by him,
  3    shall have the general supervision of the  promotion  and  protection  of  the
  4    life,  health  and  mental  health of the people of this state. The powers and
  5    duties of the director shall include, but not be limited to, the following:
  6        (a)  The issuance of licenses and permits as prescribed by law and by  the
  7        rules of the board;
  8        (b)  The  supervision  and administration of laboratories and the supervi-
  9        sion and administration of standards of tests for environmental pollution,
 10        chemical analyses and communicable diseases. The director may require that
 11        laboratories operated by any city, county, institution,  person,  firm  or
 12        corporation  for health or environmental purposes conform to standards set
 13        by the board of health and welfare and the board of environmental quality;
 14        (c)  The supervision and administration of a mental health program,  which
 15        shall  include  services for the evaluation, screening, custody and treat-
 16        ment of the mentally ill and those persons suffering from a mental defect,
 17        or mental defects;
 18        (d)  The enforcement of minimum standards of health, safety and sanitation
 19        for all public swimming pools within the state;
 20        (e)  The supervision and administration of the various schools,  hospitals
 21        and institutions that were the responsibility of the board of health;
 22        (f)  The supervision and administration of services dealing with the prob-
 23        lems of alcoholism including, but not limited to, the care and rehabilita-
 24        tion of persons suffering from alcoholism;
 25        (g)  The  establishment  of  liaison  with other governmental departments,
 26        agencies and boards in order  to  effectively  assist  other  governmental
 27        entities with the planning for the control of or abatement of health prob-
 28        lems.  All  of the rules and standards adopted by the board shall apply to
 29        state institutions;
 30        (h)  The supervision and administration of an  emergency  medical  service
 31        program  including, but not limited to, assisting other governmental agen-
 32        cies and local governmental units, in providing first aid emergency  medi-
 33        cal services and for transportation of the sick and injured;
 34        (i)  The  supervision  and  administration  of  administrative units whose
 35        responsibility shall be to assist and encourage  counties,  cities,  other
 36        governmental  units,  and industries in the control of and/or abatement of
 37        health problems;
 38        (j)  The enforcement of all laws, rules, codes and standards  relating  to
 39        health.
 40        (4)  The  director,  when  so  designated  by the governor, shall have the
 41    power to apply for, receive on behalf of the state, and  utilize  any  federal
 42    aid,  grants,  gifts, gratuities, or moneys made available through the federal
 43    government.
 44        (5)  The director shall have the power to enter into  and  make  contracts
 45    and  agreements with any public agencies or municipal corporations for facili-
 46    ties, land, and equipment when such use will have a beneficial,  recreational,
 47    or  therapeutic  effect  or be in the best interest in carrying out the duties
 48    imposed upon the department.
 49        The director shall also have the power to enter  into  contracts  for  the
 50    expenditure  of  state matching funds for local purposes. This subsection will
 51    constitute the authority for public  agencies  or  municipal  corporations  to
 52    enter into such contracts and expend money for the purposes delineated in such
 53    contracts.
 54        (6)  The  director  is  authorized to adopt an official seal to be used on
 55    appropriate occasions, in connection with the functions of the  department  or
                                                                        
                                           3
                                                                        
  1    the  board,  and  such  seal shall be judicially noticed. Copies of any books,
  2    records, papers and other documents in the department  shall  be  admitted  in
  3    evidence  equally  with  the  originals  thereof when authenticated under such
  4    seal.
  5        (7)  The director, under rules adopted by the board of health and welfare,
  6    shall have the power to impose and enforce orders of isolation and  quarantine
  7    to  protect  the public from the spread of infectious or communicable diseases
  8    or from contamination from chemical or biological  agents,  whether  naturally
  9    occurring or propagated by criminal or terrorist act.
 10        (a)  An  order  of isolation or quarantine issued pursuant to this section
 11        shall be a final agency action for purposes of judicial  review.  However,
 12        this  shall not prevent the director from reconsidering, amending or with-
 13        drawing the order. Judicial review of orders of  isolation  or  quarantine
 14        shall  be  de  novo. The court may affirm, reverse or modify the order and
 15        shall affirm the order if it appears by a preponderance  of  the  evidence
 16        that  the  order is reasonably necessary to protect the public from a sub-
 17        stantial and immediate danger of the spread of an infectious or communica-
 18        ble disease or from contamination by a chemical or biological agent.
 19        (b)  If the director has reasonable cause to believe a chemical or biolog-
 20        ical agent has been released in an identifiable place, including a  build-
 21        ing  or  structure,  an  order of quarantine may be imposed to prevent the
 22        movement of persons into or out of that place, for  a  limited  period  of
 23        time,  for  the purpose of determining whether a person or persons at that
 24        place have been contaminated with a chemical or biological agent which may
 25        create a substantial and immediate danger to the public.
 26        (c)  Any person who violates an order of isolation or quarantine shall  be
 27        guilty of a misdemeanor.
                                                                        
 28        SECTION  2.  That  Section 56-1005, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        56-1005.  BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION  --  POWERS  --
 31    SUBPOENA  --  DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
 32    fare shall consist of eleven (11) members, seven  (7)  members  who  of  which
 33    shall be appointed by the governor, with the advice and consent of the senate.
 34    The  members  appointed  by  the  governor  may be removed by the governor for
 35    cause. Each member of the board appointed by the governor shall be  a  citizen
 36    of  the United States, a resident of the state of Idaho, and a qualified elec-
 37    tor. Not more than four (4) members of the board  appointed  by  the  governor
 38    shall  be  from  any  one (1) political party. All Of the members of the board
 39    appointed by the governor, four (4) members shall be chosen with due regard to
 40    their knowledge and interest in health and social services,  two  (2)  members
 41    shall  be chosen based on their experience in business or finance, and one (1)
 42    member shall be selected as a representative of the public at large. The other
 43    four (4) members of the board shall be:
 44        (a)  The chairperson of the senate health and welfare  committee,  or  the
 45        chair's designee;
 46        (b)  The  chairperson  of  the house of representatives health and welfare
 47        committee, or the chair's designee;
 48        (c)  The director of the department of health and welfare, who shall serve
 49        as the board's secretary and as a nonvoting member; and
 50        (d)  A representative of the office of the governor, as designated by  the
 51        governor, who shall serve as a nonvoting member.
 52        (2)  The  members of the board of health and welfare appointed by the gov-
 53    ernor, serving on the effective date of this act shall continue in  office  as
                                                                        
                                           4
                                                                        
  1    members of the board of health and welfare. All members of the board of health
  2    and welfare appointed by the governor shall serve four (4) year terms.
  3        (3)  The board annually shall elect a chairman, and a vice chairman, and a
  4    secretary,  and  shall  hold such meetings as may be necessary for the orderly
  5    conduct of its business, and such meetings shall be held from time to time  on
  6    seventy-two (72) hours' notice of the chairman or a majority of the members no
  7    less  than  once  every  two  (2) months. Special meetings of the board may be
  8    called by the chairman of the board, by a majority of the  voting  members  of
  9    the  board or, on written request, by the director of the department of health
 10    and welfare. Five (5) members shall be necessary to constitute a quorum at any
 11    regular or special meeting and the action of the majority of  members  present
 12    shall  be  the  action of the board. The members of the board shall be compen-
 13    sated as provided in section 59-509(h), Idaho Code.
 14        (4)  The board, in furtherance of its duties under this act law and  under
 15    its rules, shall have the power to administer oaths, certify to official acts,
 16    and  to  issue subpoenas for the attendance of witnesses and the production of
 17    papers, books, accounts, documents and testimony. The board may, if a  witness
 18    refuses  to  attend or testify, or to produce any papers required by such sub-
 19    poenas, report to the district court in and for the county in which  the  pro-
 20    ceeding  is pending, by petition, setting forth that due notice has been given
 21    of the time and place of attendance of said witnesses, or  the  production  of
 22    said papers, that the witness has been properly summoned, and that the witness
 23    has  failed  and refused to attend or produce the papers required by this sub-
 24    poena before the board, or has refused to answer questions propounded  to  him
 25    in  the  course of said proceedings, and ask an order of said court compelling
 26    the witness to attend and testify and produce said papers  before  the  board.
 27    The  court, upon the petition of the board, shall enter an order directing the
 28    witness to appear before the court at a time and place  to  be  fixed  by  the
 29    court  in such order, the time to be not more than ten (10) days from the date
 30    of the order, and then and there shall show cause why he has not attended  and
 31    testified or produced said papers before the board. A copy of said order shall
 32    be  served  upon  said witness. If it shall appear to the court that said sub-
 33    poena was regularly issued by the board and regularly served, the court  shall
 34    thereupon  order  that  said  witness  appear before the board at the time and
 35    place fixed in said order, and testify or produce the  required  papers.  Upon
 36    failure  to  obey said order, said witness shall be dealt with for contempt of
 37    court.
 38        (5)  The director, his designee, or any party to the  action  may,  in  an
 39    investigation  or hearing before the board, cause the deposition or interroga-
 40    tory of witnesses or parties residing within or without the state, to be taken
 41    in the manner prescribed by law for like depositions  and  interrogatories  in
 42    civil  actions in the district court of this state, and to that end may compel
 43    the attendance of said witnesses and production of  books,  documents,  papers
 44    and accounts.
 45        (6)  Any  person  aggrieved  by an action or inaction of the department of
 46    health and welfare shall be afforded an opportunity for a  fair  hearing  upon
 47    request  therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
 48    the rules promulgated thereunder. In those cases  where  the  board  has  been
 49    granted  the  authority  to hold such a hearing pursuant to a provision of the
 50    Idaho Code, the hearing may be conducted by the board at a regular or  special
 51    meeting, or the board may designate hearing officers, who shall have the power
 52    and  authority  to  conduct  hearings in the name of the board at any time and
 53    place. In any hearing, a member of the board or hearing officer designated  by
 54    it,  shall have the power to administer oaths, examine witnesses, and issue in
 55    the name of the board subpoenas requiring the testimony of witnesses  and  the
                                                                        
                                           5
                                                                        
  1    production of evidence relevant to any matter in the hearing.
  2        (7)  Any  person adversely affected by a final determination of the board,
  3    may secure judicial review by filing a petition for review as prescribed under
  4    the provisions of chapter 52, title 67, Idaho Code. The  petition  for  review
  5    shall  be  served  upon the chairman of the board, the director of the depart-
  6    ment, and upon the attorney general of the state of Idaho. Such service  shall
  7    be  jurisdictional  and  the provisions of this section shall be the exclusive
  8    procedure for appeal.
  9        (8)  The board, by the affirmative vote of four (4) five (5) of  its  mem-
 10    bers,  may  adopt,  amend  or  repeal  the  rules, codes, and standards of the
 11    department, that are necessary and feasible in order to carry out the purposes
 12    and provisions of this act its duties and responsibilities and to enforce  the
 13    laws of this state.
 14        The  rules  and orders so adopted and established shall have the force and
 15    effect of law and may deal with any matters deemed necessary and feasible  for
 16    protecting the health of the state.
 17        (9)  All  rulemaking  proceedings  and hearings of the board shall be gov-
 18    erned by the provisions of chapter 52, title 67, Idaho Code.
 19        (10) In addition to any other powers and duties granted to the board under
 20    law, the board shall:
 21        (a)  Advise the director and the governor on department fiscal, policy and
 22        administrative matters;
 23        (b)  Review and advise the director regarding the  department's  strategic
 24        plan and performance measures;
 25        (c)  Develop  goals  and  standards  to  measure department efficiency and
 26        effectiveness; and
 27        (d)  Review and  advise  the  director  and  the  governor  on  department
 28        initiatives.
 29        (11) The  board  shall provide an annual report to the governor and to the
 30    legislature prior to the start of each legislative session, addressing:
 31        (a)  The key department fiscal and policy issues;
 32        (b)  The department's managerial and overall performance; and
 33        (c)  The major proposed and ongoing departmental initiatives.

Statement of Purpose / Fiscal Impact


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                    STATEMENT OF PURPOSE
                              
                          RS 16257
                              
  This legislation expands the Board of Health and Welfare's
  oversight of the Department of Health and Welfare.  The
  proposal requires the board to take a more active role by
  advising the Governor and director on fiscal, policy, and
  administrative matters; becoming a participant in the
  department's strategic planning efforts; and commenting on
  proposed department initiatives such as service integration
  and Medicaid reform.  The legislation also seeks to improve
  communication between the department and the Legislature by
  making the chairs of the Senate and House Health and Welfare
  committee regular voting members of the board, and requiring
  the board to submit an annual report to lawmakers.
  
  
  
  
                        FISCAL NOTE
                              
  Increasing the size of the board and frequency of board
  meetings will result in some increase in travel and related
  expenses.  Additional costs will also be incurred for the
  board to comply with new reporting requirements.  Additional
  costs shall be incurred for mailing costs of $1,000;
  publication costs of $5,000 for a new annual report; and
  $15,900 for additional travel and per diem for four new
  board members.  This projection assumes there will be 4 one-
  day meetings, and 2 two-day meetings each year.  The General
  Fund portion will be $13,200 and the federal fund portion is
  $8,800 for a total of $22,000.
  
  
  Contact:
  Name: Rep Henbest
  Phone 332-1000
  Name: Sen. Keough
  Phone 332-1000
  
  
  Statement of Purpose/Fiscal Note                         H 832   

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