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SENATE BILL NO. 1066
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S1066.................................................by HEALTH AND WELFARE
NURSING HOME ADMINISTRATORS - Amends and repeals existing law relating to
the Idaho Board of Nursing Home Administrators to remove references to
provisional licenses and registration; and to clarify a requirement that
applicants complete an administrator-in-training program.
01/29 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Health/Wel
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Parry
Floor Sponsor - Stegner
Title apvd - to House
03/03 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Geddes, Gould, Hadley, Hansen(23), Hansen(29),
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Limbaugh, Linford, Loertscher, Marley, McKague, Meyer(Duncan),
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Williams,
NAYS -- None
Absent and excused -- Black, Callister, Gagner, Hammond, Henbest,
Mader, Wheeler, Mr Speaker
Floor Sponsor - Loertscher
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 161
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1066
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BOARD OF NURSING HOME ADMINISTRATORS; AMENDING SECTION
3 54-1601, IDAHO CODE, TO STRIKE REFERENCES TO PROVISIONAL LICENSE AND TO
4 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1602, IDAHO CODE, TO
5 STRIKE REFERENCE TO PROVISIONAL LICENSE AND TO MAKE A TECHNICAL CORREC-
6 TION; AMENDING SECTION 54-1604, IDAHO CODE, TO STRIKE REFERENCE TO REGIS-
7 TRATION AND TO PROVIDE FOR RENEWAL OF LICENSES; AMENDING SECTION 54-1605,
8 IDAHO CODE, TO STRIKE OBSOLETE REQUIREMENTS AND TO REQUIRE COMPLETION OF
9 ADMINISTRATOR-IN-TRAINING PROGRAM; AMENDING SECTION 54-1607, IDAHO CODE,
10 TO STRIKE REFERENCE TO PROVISIONAL LICENSE, TO AUTHORIZE A TEMPORARY
11 LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1608, IDAHO
12 CODE, TO GOVERN RENEWAL OF LICENSE AND TO MAKE A TECHNICAL CORRECTION;
13 AMENDING SECTION 54-1610, IDAHO CODE, TO GOVERN APPLICATION OF THE
14 ADMINISTRATOR-IN-TRAINING PROVISIONS AND TO MAKE TECHNICAL CORRECTIONS;
15 AMENDING SECTION 54-1611, IDAHO CODE, TO STRIKE REFERENCE TO REGISTRATION;
16 AMENDING SECTION 54-1612, IDAHO CODE, TO STRIKE REFERENCE TO REGISTRATION
17 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1613, IDAHO CODE,
18 TO STRIKE REFERENCE TO REGISTRATION; AND REPEALING SECTION 54-1615, IDAHO
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 54-1601, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-1601. DEFINITIONS. (1) As used in this act, unless otherwise stated,
24 the following terms shall have the respective meanings hereinafter set forth
25 or indicated:
26 (2) "Board" means the board of examiners of nursing home administrators
27 of the state of Idaho.
28 (3) "Examiner" means a member of the board of examiners of nursing home
29 administrators of the state of Idaho.
30 (4) "Executive secretary" means the secretary of the board of examiners
31 of nursing home administrators of the state of Idaho.
32 (5) "Nursing home administrator" means any individual responsible for
33 planning, organizing, directing, and controlling the operation of a nursing
34 home, or who in fact performs such functions, whether or not such functions
35 are shared by one (1) or more other persons.
36 (6) "Provisional license" means a temporary license issued to a
37 provisional nursing home administrator under and pursuant to the provisions of
38 this act.
39 (7) "Provisional nursing home administrator" means an individual who has
40 been licensed as such under and pursuant to the provisions of this act.
41 (8) "Nursing home administrator-in-training" means an individual
42 registered as such under and pursuant to the provisions of this act.
43 ( 9 7 ) "Practice of nursing home administration"
1 means that planning, organizing, directing, and control of the operation of a
2 nursing home.
3 ( 10 8 ) "Health care facility" means any institu-
4 tion or facility which supplies all of the functional needs of an individual
5 in need of residence care and defined as such for licensing purposes under
6 state law or pursuant to the rules for nursing homes, hospitals, residential
7 care homes, whether proprietary or nonprofit, and shall include, but not be
8 limited to, health care facilities owned or administered by the state govern-
9 ment or any agency or political subdivisions thereof.
10 SECTION 2. That Section 54-1602, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-1602. SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- PRACTICE BY
13 UNLICENSED PERSON PROHIBITED . -- PROVISIONAL LICENSE.
14 Effective July 1, 1970, n N o nursing home in
15 the state shall be operated unless it is under the supervision of an adminis-
16 trator who holds a currently valid nursing home administrator's license
17 and registration, or provisional license, issued pursuant to this act.
18 No person shall practice or offer to practice nursing home administration in
19 this state or use any title, sign, card, or device to indicate that he is a
20 nursing home administrator unless such person shall have been duly licensed
21 and registered as a nursing home administrator or licensed
22 as a provisional nursing home administrator as required by this act.
23 SECTION 3. That Section 54-1604, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-1604. FUNCTIONS AND DUTIES OF BOARD -- FEE FOR LICENSE APPLICANTS --
26 RULES . AND REGULATIONS. (1) It shall be the func-
27 tions and duties of such board to:
28 (a) Develop, impose, and enforce standards consistent with this act which
29 shall be met by individuals in order to receive and retain a license as a
30 nursing home administrator which standard shall be designed to insure that
31 nursing home administrators will be individuals who are of good character
32 and are otherwise suitable, and who, by training or experience in the
33 field of institutional administration, are qualified to serve as nursing
34 home administrators;
35 (b) Develop and apply appropriate techniques, including examinations and
36 investigations, for determining whether an individual meets such stan-
38 (c) Issue licenses and registrations to individuals deter-
39 mined, after application of such techniques, to meet such standards, and
40 revoke or suspend licenses and registrations previously
41 issued by the board in any case where the individual holding any such
42 license or registration is determined substantially to have
43 failed to conform to the requirements of such standards;
44 (d) Establish and carry out procedures designated to insure that individ-
45 uals licensed as nursing home administrators will, during any period that
46 they serve as such, comply with the requirements of such standards;
47 (e) Receive, investigate, and take appropriate action with respect to any
48 charge or complaint filed with the board charging that any individual
49 licensed as a nursing home administrator has failed to comply with the
50 requirements of such standards;
51 (f) Conduct a continuing study and investigation of administrators of
1 nursing homes within the state with a view to the improvement of the stan-
2 dards imposed for the licensing of such administrators and of procedures
3 and methods for the enforcement of such standards with respect to adminis-
4 trators of nursing homes who have been licensed as such;
5 (g) The fee to be paid by applicants for licenses, recertification
6 of registration renewal of licenses and applicants
7 seeking a reciprocal endorsement of a license issued by the proper author-
8 ities in another state, shall be set by board rule in an amount not to
9 exceed eighty-five dollars ($85.00).
10 (2) The board or any committee or member thereof or any hearing officer
11 designated by such board, acting in an official capacity, shall have powers
12 and duties as provided by law.
13 Such board shall not be bound by the strict rules of evidence in the con-
14 duct of its proceedings but any determinations made shall be founded upon
15 sufficient legal evidence to sustain them.
16 (3) The board shall also have the authority to make rules not inconsis-
17 tent with law as may be necessary for the proper performance of its duties,
18 and to take such other actions as may be necessary to enable the state to meet
19 the requirements set forth in section 1908 of the "Social Security Act," the
20 federal rules promulgated thereunder, and other pertinent federal require-
22 SECTION 4. That Section 54-1605, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 54-1605. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall
25 admit to examination for licensure as a nursing home administrator any candi-
26 date who pays a fee as determined by the board, and submits evi-
27 dence of good moral character and suitability prescribed by the board,
28 and is at least twenty-one (21) years old except :
29 (a) That on and after July 1, 1970, no applicant for license as a nursing
30 home administrator shall be admitted to such licensing examination nor
31 shall such applicant be entitled to or be granted a license as a nursing
32 home administrator unless such applicant shall submit written evidence, on
33 forms provided for such purpose by the board, that he has successfully
34 completed a course of study and has been graduated from a high school
35 approved and recognized by the educational authorities of the state in
36 which such school is located, or a political division thereof or has sub-
37 mitted a certificate indicating that he has obtained high school or sec-
38 ondary school equivalency, such certificate being duly certified by a
39 state educational authority or a political division thereof, and except
40 that he shall have complied with the provisions of subsection (2) of this
42 (b) That on or after January 1, 1975, no applicant for license as a nurs-
43 ing home administrator shall be admitted to such licensing examination,
44 nor shall such applicant be entitled to or be granted a license as a nurs-
45 ing home administrator, unless such applicant shall submit written evi-
46 dence, on forms provided for such purpose by the board, that he has suc-
47 cessfully completed two (2) years of college level study after high school
48 study in an accredited institution of higher learning and except that he
49 shall have complied with the provisions of subsection (2) of this section.
50 (c) That on or after January 1, 1980, that no appli-
51 cant for license as a nursing home administrator shall be admitted to such
52 licensing examination nor shall such applicant be entitled to or be
53 granted a license as a nursing home administrator unless such applicant
1 shall submit written evidence, on forms provided for such purpose by the
2 board, that he has successfully completed a course of study for a bacca-
3 laureate degree and has been awarded such degree from an accredited insti-
4 tution of higher learning or its equivalent as provided in subsection (3)
5 of this section , and except that he shall have complied with the
6 provisions of subsection (2) of this section.
7 (2) On and after July 1, 1970, each applicant who has not completed a
8 regular course of study or program in an accredited institution of higher
9 learning, which course of study or program shall have been approved by the
10 board as being adequate academic preparation for nursing home administration,
11 shall in addition to meeting the requirements of subsection (1)(a) of this
12 section submit evidence satisfactory to the board that he has successfully
13 completed specialized courses or a program of study in the area of nursing
14 home administration as required and approved by the rules of the board .
15 (2) Additionally, the applicant shall have completed an
16 administrator-in-training program as described in section 54-1610, Idaho Code.
18 (3) A candidate who applies for examination under and pursuant to subsec-
19 tion (1) (b) or (c) of this section, in lieu of the educational
20 requirements provided for therein, may submit evidence satisfactory to the
21 board that such applicant has obtained two (2) years of satisfactory practical
22 experience in nursing home administration or in a related health admin-
23 istration area management in a health care facility for
24 each year of required posthigh school education.
25 SECTION 5. That Section 54-1607, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 54-1607. ISSUANCE OF LICENSE -- EXEMPTION -- EDUCATIONAL PROGRAMS --
28 ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) An applicant for a license as a
29 nursing home administrator who has successfully complied with the requirements
30 of section 54-1605 , Idaho Code, and the standards provided for
31 therein, has passed the examination provided for in section 54-1606 ,
32 Idaho Code, and, where applicable, has complied with the requirements
33 of section 54-1610, Idaho Code, shall be issued a license, on a
34 form provided for that purpose by the board, certifying that such applicant
35 has met the requirements of the laws and rules entitling him to serve, act,
36 practice, and otherwise hold himself out as a duly licensed nursing home
37 administrator; provided, however, nothing in this act or the rules and
38 regulations thereunder shall be construed to require an applicant for a
39 license as a nursing home administrator , or a provisional
40 license, who is certified by a recognized church or religious denomina-
41 tion which teaches reliance on spiritual means alone for healing as having
42 been approved to administer institutions certified by such church or denomina-
43 tion for the care and treatment of the sick in accordance with its teachings,
44 to demonstrate proficiency in any medical techniques or to meet any medical
45 educational qualifications or medical standards not in accord with the reme-
46 dial care and treatment provided in such institutions.
47 (2) (a) The board shall issue a provisional license to any individ-
48 ual applying therefor who has served as a nursing home administrator for all
49 of the calendar year immediately preceding July 1, 1970, meets the standards
50 of the board and of this article relating to good character, suitability, age,
51 and citizenship, and has paid the fee as set by the board. No license shall be
52 issued under this section prior to April 1, 1970.
53 (b) Such provisional license shall terminate two (2) years from date of
1 issuance or at midnight, June 30, 1972, whichever is earlier, but shall be
2 subject to the payment of the annual fee, and shall be canceled and be of no
3 legal force or effect thereafter; except that if, prior to the expiration of
4 such provisional license, such provisional nursing home administrator shall
5 have passed a qualifying examination and otherwise complied with the provi-
6 sions of section 54-1605, as required by the board, a nursing home administra-
7 tor license shall be issued to him.
8 (c) A provisional license may not be issued to any person after June 30,
10 (3) Any license issued by the board under or pursuant to the
11 provisions of this section shall be under the hand and seal of the chairman
12 and executive secretary of the board.
13 ( 4 3 ) If the board finds that programs of train-
14 ing and instruction conducted within the state are not sufficient in number
15 or content to enable applicants for nursing home administrators' licenses and
16 nursing home administrators to meet requirements established pursuant to this
17 act, it shall institute and conduct or arrange with others to conduct one (1)
18 or more such programs, and shall make provision for their accessibility to
19 appropriate residents of this state. The board may approve programs conducted
20 within and without this state as sufficient to meet education and training
21 requirements established pursuant to this act. For purposes of this subsec-
22 tion, the board shall have the authority to receive and disburse federal funds
23 received pursuant to requirements of the "social security act."
24 (4) Pending issuance of a license, the board may issue a temporary
25 license for a period not exceeding one (1) year, without examination to an
26 applicant who files a written application, who is otherwise qualified, and who
27 is applying to fill a vacancy on an emergency basis.
28 SECTION 6. That Section 54-1608, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-1608. CERTIFICATE OF REGISTRATION -- ATTENDANCE AT CON-
31 TINUING EDUCATION PROGRAM -- REVOCATION OR SUSPENSION -- RENEWAL OF LAPSED
32 REGISTRATIONS LICENSES. -- REGISTER OF APPLI-
33 CATIONS. (1) Every individual who holds a valid license as a nursing
34 home administrator issued by the board under section 54-1607 (1), Idaho Code,
35 shall immediately upon issuance thereof be deemed registered with the
36 board and be issued a certificate of registration. Thereafter, such individual
37 shall annually be required to apply to the board for a recertifi-
38 cation of registration renewal of license and report any
39 facts requested by the board on forms provided for such purpose. A
40 license not timely renewed shall be canceled immediately.
41 (2) Upon making an application for a recertification of registra-
42 tion renewal of license , such individual shall pay an
43 annual registration license fee, and at the same
44 time shall submit evidence satisfactory to the board that during the
45 twelve - (12) month period immediately preceding such application
46 for recertification of registration renewal of license
47 he has successfully attended a continuing education program or course
48 of study as may be provided in the rules of the board.
49 (3) Upon receipt of such application for recertification of regis-
50 tration renewal of license , the registration
51 license fee, and the evidence required with respect to continuing
52 education, the board shall issue a recertification of registration
53 renewal of license to such nursing home administrator.
1 (4) The license d of a nursing home administra-
2 tor who fails to comply with the provisions of this section, and who continues
3 to act as a nursing home administrator, shall be suspended or revoked
4 subject to discipline by the board, in accordance with the
5 provisions of this act.
6 (5) A nursing home administrator who has been duly licensed and
7 registered in this state and whose license shall not have been revoked
8 or suspended, and whose registration license has
9 expired for a period of not longer than five (5) years, may reregister
10 renew his license within the state upon complying with the
11 provisions of this section for recertification of registration
12 renewal of license and also filing with the board an affidavit in
13 accordance with the rules of the board, and payment of a twenty-five dollar
14 ($25.00) reinstatement fee together with fees for back years.
15 (6) A nursing home administrator whose license has been expired for five
16 (5) or more years, must reapply for licensure under the provisions of section
17 54-1605, Idaho Code.
18 (7) The board shall maintain a register of all applications for
19 licensing and registration of nursing home administrators, which register
20 shall show: The place of residence, name and address of each applicant, the
21 name and address of employer or business connection of each applicant, the
22 date of application, complete information of educational and experiential
23 qualifications, the action taken by the board, the serial number of the
24 license and of registration certificates issued to the applicant, the date on
25 which the board reviewed and acted upon the application, and such other perti-
26 nent information as the board may deem necessary.
27 SECTION 7. That Section 54-1610, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 54-1610. ADMINISTRATORS-IN-TRAINING -- TEMPORARY PERMITS -- EXAMINATION
30 AFTER ONE YEAR -- QUARTERLY REPORTS -- EXCEPTIONS . -- EMER-
31 GENCY PERMITS. (1) After July 1, 1972, e E very
32 applicant for a nursing home administrator license who shall have otherwise
33 qualified under the provisions of section 54-160 6
34 5 , Idaho Code, shall be granted a temporary permit
35 upon application to the board and shall serve for a one (1) year period
36 under the direct supervision of a duly licensed and regis-
37 tered nursing home administrator in accordance with the rules of the
38 board. At the expiration of the one-year-in-training period said applicant
39 shall be eligible to take the examination.
40 (2) The nursing home administrator-in-training shall submit quarterly
41 reports on forms provided therefor by the board.
42 (3) This section shall not apply to any individual who has successfully
43 completed a course of study for a master ' s degree in health
44 administration or in a related health care field related to
45 long-term care, or who has successfully completed a course of study for a
46 master's degree in health administration and has one (1) year management expe-
47 rience in long-term care and who has been awarded such degree from an
48 accredited institution of higher learning.
49 (4) Every nursing home administrator-in-training shall register the fact
50 of such training with the board in accordance with the rules and on forms pro-
51 vided therefor by the board.
52 (5) Pending issuance of a license, the board may issue a temporary
53 permit for a period not exceeding one (1) year, without examination to an
1 applicant who files a written application for a temporary permit and who is
2 otherwise qualified but does not meet the experience requirements or who is
3 applying to fill a vacancy on an emergency basis.
4 SECTION 8. That Section 54-1611, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 54-1611. MISDEMEANORS LISTED -- PENALTIES. (1) It shall be a misdemeanor
7 for any person to:
8 (a) Sell or fraudulently obtain or furnish any license or aid or abet
9 therein; or
10 (b) Practice as a nursing home administrator under cover of any license
11 or registration illegally or fraudulently obtained or unlaw-
12 fully issued; or
13 (c) Practice as a nursing home administrator or use in connection with
14 his or her name any designation tending to imply that he or she is a nurs-
15 ing home administrator unless duly licensed and registered to
16 so practice under the provisions of this act; or
17 (d) Practice as a nursing home administrator during the time his or her
18 license or registration issued under the provisions of this
19 article shall be suspended or revoked; or
20 (e) Otherwise violate any of the provisions of this act.
21 (2) Such misdemeanor shall be punishable by a fine of not more than five
22 hundred dollars ($500) or by imprisonment in the county jail for not more than
23 ninety (90) days, or by both such fine and imprisonment.
24 SECTION 9. That Section 54-1612, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-1612. REVOCATION OR SUSPENSION OF LICENSE , OR REG-
27 ISTRATION, REPRIMAND, CENSURE, OR OTHER DISCIPLINE. (1) The license
28 or registration of any person practicing or offering to practice
29 nursing home administration , or the license of a provisional nursing
30 home administrator, may be revoked or suspended, or such licensee may
31 be reprimanded, censured, or otherwise disciplined in accordance with the pro-
32 visions of this section upon decision and after due hearing in any of the fol-
33 lowing cases:
34 (a) Upon proof that such licensee is reasonably unfit to operate a nurs-
35 ing home.
36 (b) Upon proof that such licensee has wilfully will-
37 fully or repeatedly violated any of the provisions of this act or
38 the rules enacted in accordance with, or wilfully will-
39 fully or repeatedly acted in a manner inconsistent with the health
40 and safety of the patients of the home in which he is the administrator.
41 (c) Upon proof that such licensee is guilty of fraud or deceit in the
42 practice of nursing home administration or related activities, or in his
43 or her admission to such practice.
44 (2) The board, or a hearing officer designated by it shall have jurisdic-
45 tion to hear all charges brought under the provisions of this section against
46 persons licensed and registered as nursing home
47 administrators , or licensed as provisional nursing home administrators
48 , and upon such hearings shall determine such charges upon their merits.
49 If the board determines that such person is guilty of the charges, the board
50 may revoke his or her license , and registration,
51 suspend him or her from practice, or reprimand, censure, or otherwise disci-
1 pline such licensee.
2 (3) Proceedings under this section shall be initiated by filing with the
3 board, charges in writing and under oath. The board on its own motion may con-
4 duct an investigation and initiate charges. The procedures for notification
5 and the hearing on such charges, unless dismissed by the board as unfounded or
6 trivial, shall be conducted pursuant to the provisions of chapter 52, title
7 67, Idaho Code.
8 SECTION 10. That Section 54-1613, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-1613. REISSUANCE OF REVOKED LICENSE . OR REGISTRA-
11 TION. (1) The board may, in its discretion, reissue a license or
12 registration to any person whose license or registration
13 has been revoked.
14 (2) Application for the reissuance of a license or registration
15 shall be made in such manner as the board may direct in accordance with
16 its rules.
17 SECTION 11. That Section 54-1615, Idaho Code, be, and the same is hereby
STATEMENT OF PURPOSE
Idaho Board of Nursing Home Administrators
Amend existing statute to remove references to a provisional
license that became obsolete June 30, 1972; update language to
current usage without changing intent; clarify purpose of a
temporary permit; clarify that applicants must complete an
administrator in training program referenced in another section of
the code; clarify that experience in lieu of education must
consist of management in a health care facility.
There is no fiscal impact to the General Fund or dedicated funds.
Name: Carmen Westberg
Agency:Bur. of Occupational License; ID Bd. of Nursing Home
Statement of Purpose/Fiscal Impact S1066