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H0512.................................................by HEALTH AND WELFARE MEDICINE BOARD - Amends existing law to create a Committee on Professional Discipline in the Board of Medicine; to provide for membership, powers and duties of the committee; to require the Board of Medicine to contract with the office of the Attorney General for legal assistance; to revise the Board of Medicine's subpoena power; and to provide that the Board of Medicine shall adopt the rules of the office of the Attorney General for practice and procedure as its rules of practice and procedure; and to provide that the records of certain Board of Medicine proceedings and any committee of the board shall be exempt from disclosure. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 512 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF MEDICINE; AMENDING SECTION 54-1806A, IDAHO CODE, TO 3 PROVIDE A COMMITTEE ON PROFESSIONAL DISCIPLINE WITHIN THE BOARD OF MEDI- 4 CINE, TO PROVIDE POWERS AND DUTIES OF THE COMMITTEE, TO PROVIDE MEMBERSHIP 5 AND TO PROVIDE FOR RULES; AMENDING SECTION 54-1806, IDAHO CODE, TO PROVIDE 6 THAT THE BOARD OF MEDICINE SHALL CONTRACT WITH THE OFFICE OF THE ATTORNEY 7 GENERAL FOR LEGAL ASSISTANCE, TO PROVIDE THAT THE RULES OF THE OFFICE OF 8 THE ATTORNEY GENERAL FOR PRACTICE AND PROCEDURE SHALL BE THE RULES FOR 9 PRACTICE AND PROCEDURE BEFORE THE BOARD, TO DELETE REFERENCE TO THE BOARD 10 OF PROFESSIONAL DISCIPLINE, TO REVISE THE AUTHORITY FOR THE BOARD TO 11 REQUEST SUBPOENAS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 12 54-1814, IDAHO CODE, TO DELETE A CITATION AND TO PROVIDE FOR RULES; AMEND- 13 ING SECTION 54-3914, IDAHO CODE, TO DELETE A CITATION AND TO PROVIDE FOR 14 RULES; REPEALING SECTION 54-1841, IDAHO CODE; AMENDING SECTION 9-340C, 15 IDAHO CODE, TO PROVIDE THAT THE RECORDS OF CERTAIN BOARD OF MEDICINE PRO- 16 CEEDINGS AND ANY COMMITTEE OF THE BOARD BE EXEMPT FROM DISCLOSURE AND TO 17 MAKE A TECHNICAL CORRECTION; PROVIDING AN EFFECTIVE DATE AND PROVIDING 18 APPLICATION. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 54-1806A, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-1806A. MEDICAL DISCIPLINARY ENFORCEMENT. The board of medicine is23 authorized toshall create a board ofcommittee on professional discipline and24 to delegate to it its role and authority in the enforcement and supervision of25 which shall have the authority under the direct supervision and control of the 26 board to conduct professional disciplinary enforcement investigations under 27 this chapter and particularly under sections 54-1810 and 54-1814, Idaho Code, 28 including without limitation the power to make rules and to provide forms and29 procedures therefor, to the full extent that the board of medicine is autho-30 rized or empowered to act; such board ofand to recommend appropriate action 31 to the board with respect thereto. The committee on professional discipline ,32 however, shall not act or be authorized to act in connection with licensing of33 applicants, except as respects proceedings for reinstatement following volun-34 tary surrender of license while under investigation or prosecution for conduct35 allegedly improper, or following restriction, suspension or revocation of36 license in the state of Idaho or under any other duly constituted medical37 licensing authority of any other state or territory of the United States or of38 any other nation. By its order therefor, the stateshall have no authority to 39 impose sanctions or limitations or conditions on licenses issued under this 40 chapter and shall be authorized only to make recommendations to the board with 41 respect thereto. The board of medicineshall provide as follows respecting a 42 board ofcommittee on professional discipline: created under this chapter:43 (1) Membership. Said boardThe committee shall consist of five (5) mem- 2 1 bers appointed by the board of medicine. Initially, it shall consist of two 2 (2) members licensed to practice medicine and surgery in the state of Idaho, 3 whose terms shall expire midnight, June 30, 19792002; and two (2) members 4 licensed to practice medicine and surgery in the state of Idaho, whose terms 5 shall expire midnight, June 30, 19782003, and one (1) member who is an adult 6 Idaho citizen of good character and reputation who shall not be licensed to 7 practice medicine and surgery in the state of Idaho, whose term shall expire 8 midnight, June 30, 19772001. Subsequent terms of all members appointed shall 9 be for three (3) years so that there shall be a rotation of membership of a 10 portion of the said boardcommittee, each year; provided, the board of medi-11 cinemay, in its discretion, reappoint members and may but need not appoint 12 members of the board of medicineitself to any or all of the positions of mem-13 bership upon said board initially and/or from time to time as vacancies occur14 to serve on the committee. Subsequent appointees to the boardcommittee shall 15 have the qualifications required of the original appointees. No member of the 16 committee on professional discipline may be appointed to serve more than two 17 (2) terms. No person who has served six (6) or more years on the board of 18 professional discipline on the effective date of this act may be appointed to 19 serve on the committee on professional discipline. 20 (2) Chairman. The board of medicine shall designate one (1) member of 21 the board of professional disciplinecommittee as its chairman, and hewho 22 shall serve and function in that capacity for one (1) year or until his suc- 23 cessor is duly appointed, whichever is later. 24 (3) Quorum. Three (3) members shall constitute a quorum though no meet- 25 ing of said boardthe committee shall be held without reasonable prior notice 26 of at least three (3) days to all members, which notice may be given by the 27 chairman or any three (3) members. Notice may be waived unanimously; other- 28 wise, it shall be in writing and state the time, place and purpose of the 29 meeting. 30 (4) Compensation. Members of the committee shall be compensated as pro- 31 vided by section 59-509(n), Idaho Code, from the state board of medicine fund 32 for expenses incurred in the course of serving on said board or acting on its33 behalfthe committee. 34 (5) Conflicts and Disqualification. Members shall disqualify themselves 35 and, on motion of any interested party may, on proper showing, be disqualified 36 in any proceeding concerning which they have an actual conflict of interest or 37 bias which interferes with their fair and impartial service. 38 (6) Additional Powers of Board ofCommittee on Professional 39 Discipline. In addition to its other powers, the board of professional disci-40 plinecommittee shall be empowered and authorized: 41 (a) To recommend to the board that it be authorized by the board to ini- 42 tiate or commence proceedings, studies or investigations, on its own43 motion and initiative or to proceed on the request or complaint of any44 person, whether formally or informally stated and whether or not verified;45 provided, it may impose reasonable requirements respecting the form, con-46 tent and sufficiency of complaints invoking its jurisdiction.47 (b) Tto investigate or inquire into misconduct or unprofessional behav- 48 ior, whether real, apparent or merely suspected ;, or alleged violations of 49 section 54-1814, Idaho Code, and to recommend that the board take such 50 action with respect thereto as it deems best in the interest of the public 51 and justice ., and 52 (c) Tto retain and appoint staff other than legal counsel to administer, 53 process and assist in the work assigned it under this chapter or by the 54 board. of medicine, including, as deemed appropriate, legal counsel to55 assist in presentation of matters before it and/or to advise it on matters3 1 of law.2 ( db) To recommend to the board that it be authorized by the board to 3 appoint hearing committees to take evidence, conduct hearings and make 4 recommended findings and conclusions to itthe committee in any matter or 5 proceeding assigned to the committee, which hearing committees shall be of 6 such number and size as the disciplinary board directs composed of 7 licensed physicians resident and licensed to practice medicine and surgery 8 in Idaho, who shall serve without pay and for such term as the board may 9 specify, not to exceed one (1) year or during the pendency of any matters 10 referred to it, whichever is longer. All p Proceedings before such commit-11 tees, and before said board, except as otherwise provided or may be incon-12 sistent with the clear intent or conflicting specific provisions of this13 act,of the committee and any hearing committees shall be conducted as 14 provided by Idaho rules of administrative procedure of the attorney gen- 15 eral and by the administrative procedure act, chapter 52, title 67, Idaho 16 Code ; provided, there shall be no hearings de novo on appellate review as17 a matter of right. 18 ( ec) To makerecommend findings respecting matters coming before it or 19 before any hearing committee or authorized hearing officer acting on its 20 behalf, and to makerecommend conclusions and enterorders for consider- 21 ation of the board dispositive of such proceedings ,. The committee may 22 make recommendations for the consideration of the board and the board is 23 authorized to enter appropriate orders and take appropriate action includ- 24 ing, without limitation, disciplinary orders as provided in and by the25 Idaho Codeby this chapter respecting misconduct or other grounds for dis- 26 cipline respecting any licensed physician and surgeon licensed to practice 27 medicine and surgery in the state of Idaho, which authority shall, for 28 good cause shown, include the power to suspend, restrict, condition, limit 29 or revoke the license or present or future right or privilege to practice 30 medicine of any physician, surgeon or other person licensed or purporting 31 to be qualified or authorized to practice medicine and surgery in the 32 state of Idaho. 33 ( fd) To recommend that the board reprimand by informal admonition any 34 licensed physician and surgeon respecting any matter it finds is minor 35 misconduct. Such reprimand shall be subject to disclosure according to 36 chapter 3, title 9, Idaho Code. 37 ( ge) To recommend that the board accept the resignation and surrender of 38 license of any physician and surgeon under investigation or prosecution 39 who tenders the same, and to impose terms and conditions in connection 40 therewith as it may deem appropriate in the best interest of the public 41 and of justice. 42 ( hf) To recommend that the board order, for good cause, nondisciplinary 43 suspension or transfer to inactive status of any licensed physician and 44 surgeon incapacitated by illness, senility, disability, or addiction to 45 drugs, intoxicants or other chemical or like substances, and to provide 46 terms and conditions therefor, including provisions and conditions con- 47 trolling reinstatement and any request therefor; provided, this subpara- 48 graph shall not be construed to amend or repeal specific legislation 49 expressly dealing with disabled physicians whether heretofore or hereafter 50 enacted by the legislature of the state of Idaho but rather shall be con- 51 strued as complementary thereto. 52 ( ig) To recommend that the board provide by order in general and/or in53 particularfor reciprocal discipline in cases involving the discipline of 54 a licensed physician and surgeon disciplined in any other jurisdiction, 55 provided that such licensee or applicant shall be entitled on due motion4 1 and noticeto appear and show cause why such order should not apply in his 2 or her case. 3 (j) To provide for and conduct informal proceedings and to provide rules4 and practices to encourage fair and expeditious disposition of business,5 complaints and matters properly coming before it.6 (7) Substitution of Board of Professional Discipline in Matters of Disci-7 pline and Self-Policing. From and after the effective date of the board of8 medicine creating and establishing the board of professional discipline, ref-9 erences in the laws of the state of Idaho, including the medical practice act,10 this chapter and the Idaho Code in general, to the board shall, when concerned11 with matters of self-policing or professional discipline within the medical12 profession, be deemed and construed to be references to the board of profes-13 sional discipline.14 (8) Openness. Except as specifically otherwise ordered in the interest15 of justice or the public health, hearings and proceedings before the board of16 professional discipline shall be open in all cases in which the board has17 determined that there is probable cause to proceed to formal hearing; pro-18 vided, as respects reprimands for minor misconduct, proceedings shall be sub-19 ject to disclosure according to chapter 3, title 9, Idaho Code, unless the20 respondent physician in writing rejects the reprimand within ten (10) days of21 the order providing therefor, in which cases said matters shall promptly be22 set for hearing and such proceedings and hearings thereafter shall be public23 and open unless, as hereinabove authorized, the board for good cause otherwise24 orders and directs. Determination that there is probable cause to proceed may25 be made informally by the chairman and also by written expression of a major-26 ity of the members of the board of professional discipline. The determination27 that there is not probable cause to proceed shall be made in writing and a28 copy forwarded to such person whose complaint may have initiated or commenced29 the proceedings, which person shall have standing to request en banc review of30 such determination by the entire committee which shall have jurisdiction to31 reverse or affirm such determination as in its discretion it deems in the32 interest of justice and the public health.33 ( 97) Voluntary Restriction of Licensure. A physician may request in 34 writing to the board of professional disciplineor the committee a restriction 35 of his license to practice medicine and the board is authorized to grant such 36 request and, if it deems it appropriate to do so, it is granted the authority37 in such casesto attach conditions to the licensure of the physician to prac- 38 tice medicine. within specified limitations.The board is also authorized in 39 such cases thereafter to waive the commencement of proceedings under this act 40 or other provisions of the medical practice act if in the interest of justice 41 it determines that such voluntary proceedings have rendered the same unneces- 42 sary. Removal of a voluntary restriction on or suspension of licensure to 43 practice medicine shall be subject to the procedures for reinstatement else- 44 where in this act, in the medical practice act or by rule of the board. of45 professional discipline provided; also, sSuch reinstatements may be subject to 46 further conditions specially imposed in the individual case as a condition of 47 the order entered therein. 48 ( 108) Adjudication of Discipline or Exoneration. At the conclusion of the49 proceedings tThe board of professional disciplineshall make a determination 50 of the merits of all proceedings, studies and investigations and, if grounds 51 therefor are found to exist, may issue its order: 52 (a) Revoking the respondent physician's license to practice medicine; 53 (b) Suspending or restricting the respondent physician's license to prac- 54 tice medicine; 55 (c) Imposing conditions or probation upon the respondent physician and 5 1 requiring rehabilitation planning, commitment and conditions upon such 2 respondent physician's licensure; 3 (d) Imposing an administrative fine not to exceed ten thousand dollars 4 ($10,000) for each count or offense; and/or 5 (e) Assessing costs and attorney's fees against the respondent physician 6 for any investigation and/or administrative proceeding. 7 If grounds for any of the foregoing are not found to exist, the board shall 8 enter its order so stating and dismissing the proceedings and shall provide 9 the respondent and, if there be one, the complainant or petitioner in the pro- 10 ceedings a true copy thereof. 11 ( 119) Temporary Suspension or Restriction Pending Final Order. The board 12 of professional disciplinemay temporarily suspend or restrict the license of 13 any physician or enter an appropriate order of temporary probation, ex parte, 14 on its own motion or on verified petition of any person, pending further or 15 final order, without prior hearing, simultaneously with or at any time after 16 the institution of proceedings under this chapter, or the medical practice17 act,but only if it first finds, on the basis of a responsible showing which 18 satisfactorily demonstrates that the physician in his capacity as such and for 19 reasons set forth by petition, affidavit, or other verified showing, or deter- 20 mined by it in reliance upon other reliable proof, is causing great harm to 21 the public or to any patient or group of patients, or is imminently likely to 22 cause such harm, for which reason he or she and his or her license to practice 23 medicine should be immediately suspended or restricted or he or she should be 24 specially controlled, suspended in or restricted from the practice of medi- 25 cine. In such cases, the board may summarily, and ex parte, order temporary 26 conditions of probation, suspension or restriction of said physician and his 27 or her license and authority to practice medicine in the state of Idaho, pend- 28 ing further or final order in the proceedings. Thereafter the physician may, 29 for good cause, request dissolution or amendment of any such temporary order 30 by petition filed with the board, of professional discipline,which petition 31 shall be set for prompt hearing before saidthe board or, if necessary and if32 requested by the affected respondent physician in the interest of early con-33 sideration, beforea designated hearing officer or special committee appointed 34 by the board for that purpose, which officer or committee shall forthwith hear 35 said matter and report to the board its report and recommendations. The board, 36 consistent with due process and the Idaho rules of administrative procedure of 37 the attorney general, shall rule on such petition for dissolution or amendment 38 with the least amount of delay reasonably possible. Neither the record of the 39 proceeding nor any order entered therein may be used against the respondent 40 physician in any other legal proceeding except upon judicial review as pro- 41 vided elsewhere herein. 42 (1 20) Judicial Review. All final decisions by the board of professional43 disciplineshall be subject to judicial review pursuant to the procedures of44 the administrative procedure act, chapter 52, title 67, Idaho Code. 45 (1 31) Protected Action and Communication. There shall be no liability on 46 the part of and no action for damages against: 47 (a) Any member of the board, ofthe committee on professional discipline 48 or the staff or officials thereof for any action undertaken or performed 49 in good faith within the scope of the functions of saidthe board ,or the 50 committee under this chapter; or 51 (b) Any person providing information or testimony in good faith to the 52 saidboard, the committee or itstheir staff or officials. 53 SECTION 2. That Section 54-1806, Idaho Code, be, and the same is hereby 54 amended to read as follows: 6 1 54-1806. POWERS AND DUTIES. The board shall have the authority to: 2 (1) Hire or appoint employees, including an executive director, investi- 3 gators , attorneys,and consultants and independent hearing examinersand shall 4 contract with the office of the attorney general for all legal assistance. 5 (2) Establish pursuant to the administrative procedure sact rules and6 regulationsfor administration of this chapter, including rules and regula-7 tionsgoverning all activities of persons employed as physician's assistants 8 by persons licensed to practice medicine in this state. The Idaho rules of 9 administrative procedure of the attorney general shall be the rules for prac- 10 tice and procedure before the board. 11 (3) Conduct investigations and examinations and hold hearings as autho- 12 rized by this section and by section 54-1806A, Idaho Code. 13 (4) The board , the board of professional discipline or its hearing offi-14 cershall have the power in any disciplinary proceeding pursuant to this chap- 15 ter to administer oaths, take depositions of witnesses within or without the 16 state in the manner provided by law in civil casesconsistent with the Idaho 17 rules of administrative procedure of the attorney general, and upon a deter- 18 mination that there is good cause the board shall have power throughout the 19 state of Idaho to require the attendance of such witnesses and the production 20 of such books, records, and papers as it may desiredeem appropriate at any 21 hearing and for that purpose the board, may issue a subpoena for any wit- 22 nesses or a subpoena duces tecum to compel the production of any books, 23 records ofor papers, directed to the sheriff of any county of the state of 24 Idaho, where such witness resides, or may be found, which shall be served and 25 returned in the same manner as a subpoena in a criminal case is served and 26 returned. The fees and mileage of the witnesses shall be the same as that 27 allowed in the district courts in criminal cases, which fees and mileage shall 28 be paid from any funds in the state treasury in the same manner as other 29 expenses of the board are paid. In any case of disobedience to, or neglect of, 30 any subpoena or subpoena duces tecum served upon any person, or the refusal of 31 any witness to testify to any matter regarding which he may lawfully be inter- 32 rogated, it shall be the duty of the district court of any county in this 33 state in which such disobedience, neglect or refusal occurs, or any judge 34 thereof, on application by the board to compel compliance with the subpoena by 35 proceedings for contempt as in the case of disobedience of the requirements of 36 a subpoena issued from such court or for refusal to testify therein. The 37 licensed person accused in such proceedings shall have the same right of sub- 38 poena upon making application to the board therefor. 39 (5) Seek injunctive relief prohibiting the unlawful practice of medicine. 40 (6) Make and enter into contracts. 41 (7) Operate, manage, superintend and control the licensure of physicians. 42 (8) Develop and submit a proposed budget setting forth the amount neces- 43 sary to perform its functions. 44 (9) Perform such other duties as set forth in the laws of this state. 45 (10) Provide such other services and perform such other functions as are 46 necessary to fulfill its responsibilities. 47 (11) Provide for reasonable fees through rules and regulationsfor admin- 48 istrative costs and assess costs reasonably and necessarily incurred in the 49 enforcement of this chapter when a licensee has been found to be in violation 50 of this chapter. 51 (12) Prepare an annual report. 52 SECTION 3. That Section 54-1814, Idaho Code, be, and the same is hereby 53 amended to read as follows: 7 1 54-1814. GROUNDS FOR MEDICAL DISCIPLINE. Every person licensed to prac- 2 tice medicine, licensed to practice as a physician assistant or registered as 3 an extern, intern or resident in this state is subject to discipline by the 4 board pursuant to the procedures and powersset forth in section 54-1806A,5 Idaho Code,the rules promulgated pursuant to this chapter upon any of the 6 following grounds: 7 (1) Conviction of a felony, or a crime involving moral turpitude, or the 8 entering of a plea of guilty or the finding of guilt by a jury or court of 9 commission of a felony or a crime involving moral turpitude. 10 (2) Use of false, fraudulent or forged statements or documents, diplomas 11 or credentials in connection with any licensing or other requirements of this 12 act. 13 (3) Practicing medicine under a false or assumed name in this or any 14 other state. 15 (4) Advertising the practice of medicine in any unethical or unprofes- 16 sional manner. 17 (5) Knowingly aiding or abetting any person to practice medicine who is 18 not authorized to practice medicine as provided in this chapter. 19 (6) Performing or procuring an unlawful abortion or aiding or abetting 20 the performing or procuring of an unlawful abortion. 21 (7) The provision of health care which fails to meet the standard of 22 health care provided by other qualified physicians in the same community or 23 similar communities, taking into account his training, experience and the 24 degree of expertise to which he holds himself out to the public. 25 (8) Division of fees or gifts or agreement to split or divide fees or 26 gifts received for professional services with any person, institution or cor- 27 poration in exchange for referral. 28 (9) Giving or receiving or aiding or abetting the giving or receiving of 29 rebates, either directly or indirectly. 30 (10) Inability to obtain or renew a license to practice medicine, or revo- 31 cation of, or suspension of a license to practice medicine by any other state, 32 territory, district of the United States or Canada, unless it can be shown 33 that such action was not related to the competence of the person to practice 34 medicine or to any conduct designated herein. 35 (11) Prescribing or furnishing narcotic or hallucinogenic drugs to 36 addicted persons to maintain their addictions and level of usage without 37 attempting to treat the primary condition requiring the use of narcotics. 38 (12) Prescribing or furnishing narcotic, hypnotic, hallucinogenic, stimu- 39 lating or dangerous drugs for other than treatment of any disease, injury or 40 medical condition. 41 (13) Failure to safeguard the confidentiality of medical records or other 42 medical information pertaining to identifiable patients, except as required or 43 authorized by law. 44 (14) The direct promotion by a physician of the sale of drugs, devices, 45 appliances or goods to a patient that are unnecessary and not medically indi- 46 cated. 47 (15) Abandonment of a patient. 48 (16) Willfully and intentionally representing that a manifestly incurable 49 disease or injury or other manifestly incurable condition can be permanently 50 cured. 51 (17) Failure to supervise the activities of externs, interns, residents, 52 nurse practitioners, certified nurse-midwives, clinical nurse specialists, or 53 physician assistants. 54 (18) Practicing medicine when a license pursuant to this chapter is sus- 55 pended, revoked or inactive. 8 1 (19) Practicing medicine in violation of a voluntary restriction or terms 2 of probation pursuant to this chapter. 3 (20) Refusing to divulge to the board upon demand the means, method, 4 device or instrumentality used in the treatment of a disease, injury, ailment, 5 or infirmity. 6 (21) Commission of any act constituting a felony or commission of any act 7 constituting a crime involving moral turpitude. 8 (22) Engaging in any conduct which constitutes an abuse or exploitation of 9 a patient arising out of the trust and confidence placed in the physician by 10 the patient. 11 SECTION 4. That Section 54-3914, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-3914. BOARD OF MEDICINE AND BOARD OF ATHLETIC TRAINERS -- POWERS AND 14 DUTIES. (1) The board shall administer, coordinate, and enforce the provisions 15 of this chapter, evaluate the qualifications, and approve the examinations for 16 registration under this chapter, and may issue subpoenas, examine witnesses, 17 and administer oaths, and may investigate practices which are alleged to vio- 18 late the provisions of this chapter. The board of athletic trainers shall con- 19 duct examinations of all applicants for registration and make recommendations 20 to and consult with the board concerning issuance of registrations, revocation 21 of registrations and rules and regulationsto be promulgated under this chap- 22 ter. 23 (2) The board shall, upon recommendation of the board of athletic 24 trainers, adopt rules and regulations,pursuant to chapter 52, title 67, Idaho 25 Code, relating to professional conduct to carry out the policy of this chapter 26 including, but not limited to, regulations relating to professional registra- 27 tion and to the establishment of ethical standards of practice, disciplinary 28 proceedings, registration suspension proceedings, or registration revocation 29 proceedings for persons registered to practice as an athletic trainer in this 30 state. 31 (3) The board of athletic trainers shall hold meetings, conduct hearings 32 and keep records and minutes as are necessary to carry out its functions. 33 (4) Every person registered as an athletic trainer in Idaho shall be sub- 34 ject to discipline pursuant to the powers set forth in section 54-1806A, Idaho35 Coderules of the board of medicine promulgated pursuant to this chapter. 36 SECTION 5. That Section 54-1841, Idaho Code, be, and the same is hereby 37 repealed. 38 SECTION 6. That Section 9-340C, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 41 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 42 are exempt from disclosure: 43 (1) Except as provided in this subsection, all personnel records of a 44 current or former public official other than the public official's public ser- 45 vice or employment history, classification, pay grade and step, longevity, 46 gross salary and salary history, status, workplace and employing agency. All 47 other personnel information relating to a public employee or applicant includ- 48 ing, but not limited to, information regarding sex, race, marital status, 49 birth date, home address and telephone number, applications, testing and 50 scoring materials, grievances, correspondence and performance evaluations, 9 1 shall not be disclosed to the public without the employee's or applicant's 2 written consent. A public official or authorized representative may inspect 3 and copy his personnel records, except for material used to screen and test 4 for employment. 5 (2) Retired employees' and retired public officials' home addresses, home 6 telephone numbers and other financial and nonfinancial membership records; 7 active and inactive member financial and membership records and mortgage port- 8 folio loan documents maintained by the public employee retirement system. 9 Financial statements prepared by retirement system staff, funding agents and 10 custodians concerning the investment of assets of the public employee retire- 11 ment system of Idaho are not considered confidential under this chapter. 12 (3) Information and records submitted to the Idaho state lottery for the 13 performance of background investigations of employees, lottery retailers and 14 major procurement contractors; audit records of lottery retailers, vendors and 15 major procurement contractors submitted to or performed by the Idaho state 16 lottery; validation and security tests of the state lottery for lottery games; 17 business records and information submitted pursuant to sections 67-7412(8) and 18 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 19 obtained and held for the purposes of lottery security and investigative 20 action as determined by lottery rules unless the public interest in disclosure 21 substantially outweighs the private need for protection from public disclo- 22 sure. 23 (4) Records of a personal nature as follows: 24 (a) Records of personal debt filed with a public agency pursuant to law; 25 (b) Personal bank records compiled by a public depositor for the purpose 26 of public funds transactions conducted pursuant to law; 27 (c) Records of ownership of financial obligations and instruments of a 28 public agency, such as bonds, compiled by the public agency pursuant to 29 law; 30 (d) Records, with regard to the ownership of, or security interests in, 31 registered public obligations; 32 (e) Vital statistics records. 33 (5) Information in an income or other tax return measured by items of 34 income or sales, which is gathered by a public agency for the purpose of 35 administering the tax, except such information to the extent disclosed in a 36 written decision of the tax commission pursuant to a taxpayer protest of a 37 deficiency determination by the tax commission, under the provisions of sec- 38 tion 63-3045B, Idaho Code. 39 (6) Records of a personal nature related directly or indirectly to the 40 application for and provision of statutory services rendered to persons apply- 41 ing for public care for the elderly, indigent, or mentally or physically hand- 42 icapped, or participation in an environmental or a public health study, pro- 43 vided the provisions of this subsection making records exempt from disclosure 44 shall not apply to the extent that such records or information contained in 45 those records are necessary for a background check on an individual that is 46 required by federal law regulating the sale of firearms, guns or ammunition. 47 (7) Employment security information and unemployment insurance benefit 48 information, except that all interested parties may agree to waive the exemp- 49 tion. 50 (8) Any personal records, other than names, business addresses and busi- 51 ness phone numbers, such as parentage, race, religion, sex, height, weight, 52 tax identification and social security numbers, financial worth or medical 53 condition submitted to any public agency pursuant to a statutory requirement 54 for licensing, certification, permit or bonding. 55 (9) Unless otherwise provided by agency rule, information obtained as 10 1 part of an inquiry into a person's fitness to be granted or retain a license, 2 certificate, permit, privilege, commission or position, private association 3 peer review committee records authorized in title 54, Idaho Code. Any agency 4 which has records exempt from disclosure under the provisions of this subsec- 5 tion shall annually make available a statistical summary of the number and 6 types of matters considered and their disposition. 7 (10) The records, finding, determinations and decision of any prelitiga- 8 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 9 (11) Board of professional discipline reprimands by informal admonition10 medicine proceedings, including the proceedings of any committee of the board 11 of medicine, pursuant to subsection (6)(f) of section 54-1806A,its rules 12 adopted pursuant to chapter 18, title 54, Idaho Code. 13 (12) Records of the department of health and welfare or a public health 14 district that identify a person infected with a reportable disease. 15 (13) Records of hospital care, medical records, records of psychiatric 16 care or treatment and professional counseling records relating to an 17 individual's condition, diagnosis, care or treatment, provided the provisions 18 of this subsection making records exempt from disclosure shall not apply to 19 the extent that such records or information contained in those records are 20 necessary for a background check on an individual that is required by federal 21 law regulating the sale of firearms, guns or ammunition. 22 (14) Information collected pursuant to the directory of new hires act, 23 chapter 16, title 72, Idaho Code. 24 (15) Personal information contained in motor vehicle and driver records 25 that is exempt from disclosure under the provisions of chapter 2, title 49, 26 Idaho Code. 27 (16) Records of the financial status of prisoners pursuant to subsection 28 (2) of section 20-607, Idaho Code. 29 (17) Records of the department of law enforcement or department of correc- 30 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 31 to DNA databases and databanks. 32 (18) Records of the department of health and welfare relating to a survey, 33 resurvey or complaint investigation of a licensed nursing facility shall be 34 exempt from disclosure. Such records shall, however, be subject to disclosure 35 as public records on and after the fourteenth day following the date that 36 department of health and welfare representatives officially exit the facility 37 pursuant to federal regulations. Provided however, that for purposes of confi- 38 dentiality, no record shall be released under this section which specifically 39 identifies any nursing facility resident. 40 (1 89) Records and information contained in the registry of immunizations 41 against childhood diseases maintained in the department of health and welfare, 42 including information disseminated to others from the registry by the depart- 43 ment of health and welfare. 44 SECTION 7. This act shall be in full force and effect on and after July 45 1, 2000, and the Board of Medicine is directed to begin rulemaking on both a 46 temporary and permanent basis pursuant to Chapter 52, Title 67, Idaho Code, to 47 adopt the Idaho Rules of Administrative Procedure of the Attorney General as 48 its rules of practice and procedure and may begin such rulemaking procedures 49 prior to July 1, 2000.
STATEMENT OF PURPOSE RS 0956OC2 A performance evaluation of the Board of Medicine has disclosed that the Board does not have adequate procedures in place for conducting investigations and physician disciplinary proceedings. This bill requires the Board to adopt the Attorney General's procedural rules (which already have been adopted by most agencies). It also requires the Board to obtain its legal services through the Attorney General. (The Office of the Attorney General will require the addition of one (1) F.T.P. and $90,000 spending authority for the State Legal Services Fund). Finally, it requires all investigations and disciplinary actions to be directed by the Board of Medicine, whose members are appointed by the Governor and confirmed by the Senate, rather than as they currently are, performed by a disciplinary board not answerable to the Governor or the Senate. FISCAL NOTE This bill will have no impact on the General Fund. It will re-direct the expenditures of the Board of Medicine which are paid from its dedicated account. A small savings in legal fees paid by the Board potentially could be incurred. A small amount of additional expenses for conducting the required hearings potentially could be incurred. CONTACT: Rep. Debbie Field PHONE: 332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE H 512