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H0255.................................................by HEALTH AND WELFARE
PATIENT FREEDOM OF INFORMATION ACT - Amends existing law to provide that
advanced practice professional nurses, including certified nurse-midwives,
clinical nurse specialists, nurse practioners and certified registered
nurse anesthetists, are included in the definition of "provider" under the
Patient Freedom of Information Act; and to require that a person who
applies for initial licensure or registration as a provider must, at the
time of licensure or registration, furnish certain information to the
licensing board.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stone, Taylor(Taylor), Tilman, Tippets, Watson,
Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Boe, Hansen(29), Kellogg, Stoicheff, Trail,
Mr Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 27-1-7
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Danielson,
Davis, Deide, Dunklin, Geddes, Hawkins, Ingram, Ipsen, Keough, King,
Lee, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--Darrington
Absent and excused--Burtenshaw, Crow, Frasure, McLaughlin, Noh,
Parry, Twiggs
Floor Sponsor - Wheeler
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 119
Effective: 03/18/99
H0255|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 255 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE PATIENT FREEDOM OF INFORMATION ACT; AMENDING SECTION 54-4502, 3 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 33, LAWS OF 1998, TO REDESIG- 4 NATE THE SECTION AND TO PROVIDE THAT ADVANCED PRACTICE PROFESSIONAL NURSES 5 TO INCLUDE CERTIFIED NURSE-MIDWIVES, CLINICAL NURSE SPECIALISTS, NURSE 6 PRACTITIONERS AND CERTIFIED REGISTERED NURSE ANESTHETISTS ARE INCLUDED IN 7 THE DEFINITION OF PROVIDER; AMENDING SECTION 54-4503, IDAHO CODE, AS ADDED 8 BY SECTION 1, CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THE SECTION AND TO 9 REQUIRE A PERSON WHO APPLIES FOR INITIAL LICENSURE OR REGISTRATION AS A 10 PROVIDER MUST, AT THE TIME OF LICENSURE OR REGISTRATION, FURNISH CERTAIN 11 INFORMATION; AND DECLARING AN EMERGENCY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 54-4502, Idaho Code, as added by Section 1, Chap- 14 ter 33, Laws of 1998, be, and the same is hereby amended to read as follows: 15 54-45024602 . DEFINITIONS. As used in this chap- 16 ter, the following terms have the following meaning s : 17 (1) "Board" means the professional licensing and registration board, 18 respectively, for each of the named providers. 19 (2) "Patient" means all past, current or future consumers of health care 20 services. 21 (3) "Provider(s)" means the following licensed or registered professional 22 health care providers: podiatrists licensed pursuant to chapter 6, title 54, 23 Idaho Code; chiropractors licensed pursuant to chapter 7, title 54, Idaho 24 Code; dentists licensed pursuant to chapter 9, title 54, Idaho Code;25nurse practitionersadvanced practice professional nurses to 26 include certified nurse-midwives, clinical nurse specialists, nurse practitio- 27 ners and certified registered nurse anesthetists licensed or registered 28 pursuant to chapter 14, title 54, Idaho Code; optometric physicians licensed 29 pursuant to chapter 15, title 54, Idaho Code; physicians and surgeons and 30 osteopathic physicians and surgeons, licensed pursuant to chapter 18, title 31 54, Idaho Code; physicians' assistants registered pursuant to chapter 18, 32 title 54, Idaho Code; physical therapists registered pursuant to chapter 22, 33 title 54, Idaho Code; and psychologists licensed pursuant to chapter 23, title 34 54, Idaho Code. 35 SECTION 2. That Section 54-4503, Idaho Code, as added by Section 1, Chap- 36 ter 33, Laws of 1998, be, and the same is hereby amended to read as follows: 37 54-45034603 . PATIENT ACCESS TO PROVIDER INFOR- 38 MATION. (1) Each person who applies for initial licensure or registration as a 39 provider must, at the time ofapplicationlicensure or reg- 40 istration , and each provider who applies for license or registration 41 renewal must, in conjunction with the renewal of a license or registration, 2 1 and under procedures which shall be adopted by the board, and in addition to 2 any other information that may be required from the applicant, furnish the 3 following information to the board: 4 (a) Names and addresses of medical/professional schools or other institu- 5 tions of higher learning that provider attended, including any graduate 6 education, and dates of graduation; 7 (b) Speciality certifications that are recognized by the board; 8 (c) Appointments to faculty of any medical/professional school and indi- 9 cation whether provider has had a responsibility for graduate education 10 within the most recent ten (10) years (optional); 11 (d) Location and type of practice for the most recent ten (10) years; 12 (e) Current location of provider's primary practice setting, and if more 13 than one (1) setting, the approximate percentage of time spent at each 14 location; 15 (f) The hospital(s) that serves as the provider's primary admitting 16 facility and at which the provider has active clinical privileges in good 17 standing; 18 (g) Disclosure of whether the provider participates in medicaid and medi- 19 care programs (but not necessarily accepting new patients), or has ever 20 been barred from participation in either program; 21 (h) Disclosure of any translating services that may be available at the 22 provider's practice location(s) (optional); 23 (i) Description of any criminal convictions for felonies or other crimes 24 of moral turpitude within the most recent ten (10) years. For purposes of 25 this subsection, a person shall be deemed convicted of a crime if he pled 26 guilty or if he was found or adjudged guilty by a court of competent 27 jurisdiction; 28 (j) Description of any final board disciplinary actions within the most 29 recent ten (10) years that are considered to be public in accordance with 30 the provisions of chapter 3, title 9, Idaho Code; 31 (k) Description of any final disciplinary actions by a board from any 32 other state including, but not limited to, revocation or suspension of 33 license, within the most recent ten (10) years; 34 (l) Description of revocation or involuntary restriction of hospital 35 privileges, or a reduction in credentialing for more than one hundred 36 eighty (180) days, from any state, for reasons related to competence or 37 character, that have been taken by a hospital's governing body or any 38 other official of a hospital after procedural due process has been 39 afforded; or the resignation from or nonrenewal of a medical staff member- 40 ship, or the restriction of privileges at a hospital taken in lieu of or 41 in settlement of a pending disciplinary case related to competence or 42 character in that hospital, within the most recent ten (10) years; 43 (m) Whether the provider carries professional malpractice insurance, and 44 if not, has ever been denied malpractice insurance; 45 (n) Disclosure of all malpractice court judgments and all malpractice 46 arbitration awards in which a payment was awarded to a complaining party 47 during the most recent ten (10) years. Pending malpractice claims shall 48 not be disclosed by the board to patients; however, nothing herein shall 49 be construed to prevent the board from investigating and disciplining a 50 provider on the basis of pending malpractice claims. 51 (o) Disclosure of settlements of professional malpractice claims within 52 the most recent five (5) years of continuous practice; 53 (i) Providers need only disclose malpractice settlements if there 54 have been five (5) or more settlements in the most recent five (5) 55 years of continuous practice, of fifty thousand dollars ($50,000), 3 1 or more, per settlement, or if there have been more than ten (10) 2 settlements within the most recent five (5) years of continuous prac- 3 tice of any dollar amount; 4 (ii) Settlements that result solely in an adjustment to the fee 5 charged for a provider's services shall not be disclosed pursuant to 6 this chapter; 7 (iii) Information concerning all settlements shall be accompanied by 8 the following statement: "Settlement of a claim may occur for a vari- 9 ety of reasons which do not necessarily reflect negatively on the 10 professional competence or conduct of a provider. A payment in set- 11 tlement of a malpractice action or claim should not be construed as 12 creating presumption that malpractice has occurred. Malpractice his- 13 tories tend to vary by speciality. Some specialities are more likely 14 than others to be the subject of litigation."; 15 (iv) Nothing herein shall be construed to limit or prevent the board 16 from providing further explanatory information regarding settlements; 17 (p) Percentage of ownership interest provider has in other health facili- 18 ties, laboratories, equipment or therapy, except for ownership interest in 19 the primary practice business, to which the provider's patients are, have 20 been, or may be referred. 21 (2) Each profile submitted by a provider must include a statement, signed 22 under oath, by the provider attesting to the correctness and completeness of 23 the information contained in the profile. 24 (3) The board shall not be held liable for the correctness or complete- 25 ness of the information contained in the provider profiles, and shall include 26 a disclaimer statement on all released profiles, attesting to the self- 27 reporting nature of the program, and that the information has not been veri- 28 fied by the board. 29 (4) The board shall, at the time of issuing a new license or registra- 30 tion, or in conjunction with license or registration renewal, collect and 31 maintain the information required in this chapter, as submitted by the pro- 32 vider, for the purpose of creating individual profiles on providers that shall 33 be made available to the public as provided in this chapter. 34 (5) No state law that would otherwise prohibit, limit, or penalize dis- 35 closure of information about a provider shall apply to disclosure of informa- 36 tion required by this chapter. 37 (6) If a provider fails to comply with the provisions of this chapter 38 with full and truthful disclosure of information to the board within the time 39 specified by the board, the board may: 40 (a) Fine the provider up to fifty dollars ($50.00) for each day that the 41 provider is not in compliance with the provisions of this chapter; 42 (b) Take any other disciplinary action it deems appropriate, except the 43 board may not revoke, suspend, refuse to issue or refuse to renew a 44 provider's license or registration solely because the provider failed to 45 comply with the provisions of this chapter. 46 SECTION 3. An emergency existing therefor, which emergency is hereby 47 declared to exist, this act shall be in full force and effect on and after its 48 passage and approval.
STATEMENT OF PURPOSE
RS 08975The purpose of this legislation is to amend the Patient Freedom of
Information Act. Section 54-4501 shall be amended by adding to the
definition of provider; certified nurse-midwives and clinical nurse
specialists. Also Section 54-4503 shall be amended to require that
only upon licensure, not application, shall a provider need to
supply the information requested in Section 54-4503 to the board.
This legislation will be declared an emergency and will therefore
be in full force and effect on and after its passage and approval.
FISCAL NOTE
There will be no impact to the General Fund. Licensing fees
paid by the affected health care providers to their respective
state licensing boards will increase by approximately 5-15%.
CONTACT: Rep. Margaret Henbest
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 255