2000 Legislation
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HOUSE BILL NO. 512 – Medicine Bd, Professionl Discipline


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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

Bill Text

  ||||              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
 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  is
 23    authorized to shall create a board of committee on professional discipline and
 24    to delegate to it its role and authority in the enforcement and supervision of
 25    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 and
 29    procedures therefor, to the full extent that the board of medicine  is  autho-
 30    rized  or  empowered to act; such board of and 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 of
 33    applicants,  except as respects proceedings for reinstatement following volun-
 34    tary surrender of license while under investigation or prosecution for conduct
 35    allegedly improper, or following  restriction,  suspension  or  revocation  of
 36    license  in  the  state  of  Idaho or under any other duly constituted medical
 37    licensing authority of any other state or territory of the United States or of
 38    any other nation. By its order therefor, the state shall 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 medicine shall provide as follows  respecting  a
 42    board of committee on professional discipline: created under this chapter:
 43        (1)  Membership.  Said  board The committee shall consist of five (5) mem-
  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, 1979 2002;  and  two  (2)  members
  4    licensed  to  practice medicine and surgery in the state of Idaho, whose terms
  5    shall expire midnight, June 30, 1978 2003, 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, 1977 2001. 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 board committee, each year; provided, the board of medi-
 11    cine may, in its discretion, reappoint members and may but  need  not  appoint
 12    members of the board of medicine itself to any or all of the positions of mem-
 13    bership  upon said board initially and/or from time to time as vacancies occur
 14    to serve on the committee. Subsequent appointees to the board committee  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  discipline committee as its chairman, and he who
 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 board the 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 its
 33    behalf the 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   of   Committee   on   Professional
 39    Discipline.  In addition to its other powers, the board of professional disci-
 40    pline committee 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  own
 43        motion  and  initiative  or  to proceed on the request or complaint of any
 44        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  to
 55        assist in presentation of matters before it and/or to advise it on matters
  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 it the 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 pProceedings 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  this
 13        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 as
 17        a matter of right.
 18        (ec)  To make recommend findings respecting matters coming  before  it  or
 19        before  any  hearing committee or authorized hearing officer acting on its
 20        behalf, and to make recommend conclusions and enter orders  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 the
 25        Idaho Code by 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 in
 53        particular for 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  motion
  1        and notice to 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 rules
  4        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 of
  8    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 concerned
 11    with  matters  of  self-policing or professional discipline within the medical
 12    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 interest
 15    of justice or the public health, hearings and proceedings before the board  of
 16    professional  discipline  shall  be  open  in all cases in which the board has
 17    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  the
 20    respondent  physician in writing rejects the reprimand within ten (10) days of
 21    the order providing therefor, in which cases said matters  shall  promptly  be
 22    set  for  hearing and such proceedings and hearings thereafter shall be public
 23    and open unless, as hereinabove authorized, the board for good cause otherwise
 24    orders and directs. Determination that there is probable cause to proceed  may
 25    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  determination
 27    that  there  is  not  probable cause to proceed shall be made in writing and a
 28    copy forwarded to such person whose complaint may have initiated or  commenced
 29    the proceedings, which person shall have standing to request en banc review of
 30    such  determination  by  the entire committee which shall have jurisdiction to
 31    reverse or affirm such determination as in its  discretion  it  deems  in  the
 32    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 discipline or 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 authority
 37    in such cases to 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. of
 45    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 the
 49    proceedings  tThe  board of professional discipline shall 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
  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 discipline may 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  practice
 17    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 said the board or, if necessary and if
 32    requested by the affected respondent physician in the interest of  early  con-
 33    sideration, before a 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        (120) Judicial Review.  All final decisions by the board  of  professional
 43    discipline  shall  be subject to judicial review pursuant to the procedures of
 44    the administrative procedure act, chapter 52, title 67, Idaho Code.
 45        (131) 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, of the 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 said the board, or the
 50        committee under this chapter; or
 51        (b)  Any person providing information or testimony in good  faith  to  the
 52        said board, the committee or its their staff or officials.
 53        SECTION  2.  That  Section 54-1806, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
  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 examiners and shall
  4    contract with the office of the attorney general for all legal assistance.
  5        (2)  Establish  pursuant  to  the  administrative procedures act rules and
  6    regulations for administration of this chapter, including  rules  and  regula-
  7    tions  governing  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    cer shall 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 cases consistent 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 desire deem 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  of  or  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 regulations for  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:
  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 powers set 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.
  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:
 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 regulations to 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, Idaho
 35    Code rules 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:
 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,
  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
  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 admonition
 10    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        (189) 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 / Fiscal Impact

                  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