View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0628......................................................by STATE AFFAIRS MEDICINE BOARD - Amends existing law to create a Committee on Professional Discipline in the Board of Medicine; to provide membership, powers and duties and to govern the rules of practice and procedure to be followed in disciplinary matters; and to provide that the proceedings of the Board of Medicine and its committees are exempted from disclosure. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Jud 02/22 Rpt out - to Health/Wel 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 56-0-14 AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stoicheff, Stone, Tilman, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Alltus, Callister, Campbell, Chase, Gould, Hansen(29), Jones, Kellogg, Pischner, Smith, Stevenson, Taylor, Trail(Miller), Mr Speaker Floor Sponsors - Field(13), Hansen(23), Boe Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Health/Wel 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/29 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-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Stegner Floor Sponsor - King-Barrutia Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 332 Effective: 07/01/00 (With specific instructions for rules and rulemaking)
H0628|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 628 BY STATE AFFAIRS 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 HAVE AUTHORITY TO HIRE OR APPOINT EMPLOY- 7 EES AND ADOPT RULES, TO DELETE REFERENCE TO THE BOARD OF PROFESSIONAL DIS- 8 CIPLINE, TO REVISE THE AUTHORITY FOR THE BOARD TO REQUEST SUBPOENAS AND TO 9 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1814, IDAHO CODE, TO 10 DELETE A CITATION AND TO PROVIDE FOR RULES; AMENDING SECTION 54-3914, 11 IDAHO CODE, TO DELETE A CITATION AND TO PROVIDE FOR RULES; REPEALING SEC- 12 TION 54-1841, IDAHO CODE; AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE 13 THAT THE RECORDS OF CERTAIN BOARD OF MEDICINE PROCEEDINGS AND ANY COMMIT- 14 TEE OF THE BOARD BE EXEMPT FROM DISCLOSURE AND TO MAKE A TECHNICAL CORREC- 15 TION; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 54-1806A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-1806A. MEDICAL DISCIPLINARY ENFORCEMENT. The board of medicineis20authorized toshall create aboard ofcommittee on professional disciplineand21to delegate to it its role and authority in the enforcement and supervision of22 which shall have the authority under the direct supervision and control of the 23 board to conduct professional disciplinary enforcement investigations under 24 this chapter and particularly under sections 54-1810 and 54-1814, Idaho Code, 25including without limitation the power to make rules and to provide forms and26procedures therefor, to the full extent that the board of medicine is autho-27rized or empowered to act; such board ofand to recommend appropriate action 28 to the board with respect thereto. The committee on professional discipline,29however, shall not act or be authorized to act in connection with licensing of30applicants, except as respects proceedings for reinstatement following volun-31tary surrender of license while under investigation or prosecution for conduct32allegedly improper, or following restriction, suspension or revocation of33license in the state of Idaho or under any other duly constituted medical34licensing authority of any other state or territory of the United States or of35any other nation. By its order therefor, the stateshall have no authority to 36 impose sanctions or limitations or conditions on licenses issued under this 37 chapter and shall be authorized only to make recommendations to the board with 38 respect thereto. The boardof medicineshall provide as follows respectinga39board ofthe committee on professional discipline:created under this chapter:40 (1) Membership.Said boardThe committee shall consist of five (5) mem- 41 bers appointed by the board.of medicine.Initially, it shall consist of the 42 members of the board of professional discipline as it is constituted on the 43 effective date of this act who shall serve on the committee on professional 2 1 discipline until the expiration of their current terms. Thereafter, it shall 2 consist oftwofour (24) members licensed to practice medicine and surgery in 3 the state of Idaho, two (2) of whose terms shall expire at midnight,on June 4 30, 1979; and two (2) members licensed to practice medicine and surgery in the5state of Idaho, whose terms shall expire midnight, June 30, 1978in each of 6 two (2) successive years, and one (1) member who is an adult Idaho citizen of 7 good character and reputation who shall not be licensed to practice medicine 8 and surgery in the state of Idaho, whose term shall expire at midnight,on 9 June 30, 1977. Subsequent terms of all members appointed shallin the year in 10 which no physician member's term shall expire. All terms of appointment shall 11 be for three (3) years.so that there shall be a rotation of membership of a12portion of the said board, each year; provided, the board of medicine may, in13its discretion, reappoint members and may but need not appoint members of the14board of medicine itself to any or all of the positions of membership upon15said board initially and/or from time to time as vacancies occur. Subsequent16appointees to the board shall have the qualifications required of the original17appointees.No member of the committee on professional discipline may be 18 appointed after the effective date of this act to serve more than two (2) 19 terms (which shall include terms served on the board of professional disci- 20 pline prior to the effective date of this act). 21 (2) Chairman. The board of medicine shall designate one (1) member of 22 theboard of professional disciplinecommittee as its chairman, and hewho 23 shall serve and function in that capacity for one (1) year or untilhisa suc- 24 cessor is duly appointed, whichever is later. 25 (3) Quorum. Three (3) members shall constitute a quorum though no meet- 26 ing ofsaid boardthe committee shall be held without reasonable prior notice 27 of at least three (3) days to all members, which notice may be given by the 28 chairman or any three (3) members. Notice may be waived unanimously; other- 29 wise, it shall be in writing and state the time, place and purpose of the 30 meeting. 31 (4) Compensation. Members of the committee shall be compensated as pro- 32 vided by section 59-509(n), Idaho Code, from the state board of medicine fund 33 for expenses incurred in the course of serving onsaid board or acting on its34behalfthe committee. 35 (5) Conflicts and Disqualification. Members shall disqualify themselves 36 and, on motion of any interested party may, on proper showing, be disqualified 37 in any proceeding concerning which they have an actual conflict of interest or 38 bias which interferes with their fair and impartial service. 39 (6) Additional Powers ofBoard ofthe Committee on Professional Disci- 40 pline. In addition to its other powers, theboard of professional discipline41 committee shall be empowered and authorized: 42 (a) To recommend to the board that it be authorized by the board to ini- 43 tiate or commence proceedings, studies or investigations,on its own44motion and initiative or to proceed on the request or complaint of any45person, whether formally or informally stated and whether or not verified;46provided, it may impose reasonable requirements respecting the form, con-47tent and sufficiency of complaints invoking its jurisdiction.48(b) Tto investigate or inquire into misconduct or unprofessional 49 behavior, whether real, apparent or merely suspected;and to recommend 50 that the board take such action with respect thereto as it deems best in 51 the interest of the public and justice., and 52(c) To retain and appoint staffto obtain the assistance of staff and 53 legal counsel hired by the board of medicine to administer, process and 54 assist intheits work.assigned it under this chapter or by the board of55medicine, including, as deemed appropriate, legal counsel to assist in3 1presentation of matters before it and/or to advise it on matters of law.2 (db) To recommend to the board that it be authorized by the board to 3 appoint hearing officers or hearing committees to take evidence, conduct 4 hearings and make recommended findings and conclusions toitthe committee 5 in any matter or proceeding assigned to the committee, which hearing com- 6 mittees shall be of such number and size as thedisciplinaryboard 7 directs, composed of licensed physicians resident and licensed to practice 8 medicine and surgery in Idaho, who shall serve without pay and for such 9 term as the board may specify, not to exceed one (1) year or during the 10 pendency of any matters referred to it, whichever is longer. All investi- 11 gations and pProceedingsbefore suchof the committee and any hearing 12 officers or hearing committees, and before said board, except as otherwise13provided or may be inconsistent with the clear intent or conflicting spe-14cific provisions of this act,shall be conducted as provided by rules 15 adopted by the board of medicine pursuant to the administrative procedure 16 act, chapter 52, title 67, Idaho Code; provided, there shall be no hear-17ings de novo on appellate review as a matter of right. 18 (ec) Tomakerecommend findings respecting matters coming before it or 19 before any hearing committee or authorized hearing officer acting on its 20 behalf, and tomakerecommend conclusions andenterorders for the consid- 21 eration 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 providedin andbythe25 Idaho Code respecting misconduct or other grounds for discipline respect- 26 ing any licensed physician and surgeon licensed to practice medicine and 27 surgery in the state of Idaho, which authority shall, for good cause 28 shown, include the power to suspend, restrict, condition, limit or revoke 29 the license or present or future right or privilege to practice medicine 30 of any physician, surgeon or other person licensed or purporting to be 31 qualified or authorized to practice medicine and surgery in the state of 32 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 orderin general and/or in53particularfor 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 entitledon due motion4 1and noticeto appear and show cause why such order should not apply in his 2 or her case. 3 (jh) Toproviderecommend that the board adopt rules to provide for and 4 permit the committee to conduct informal proceedingsand to provide rules5and practicesto encourage fair and expeditious disposition of business, 6 complaints and matters properly coming before it. 7 (7)Substitution of Board of Professional Discipline in Matters of Disci-8pline and Self-Policing. From and after the effective date of the board of9medicine creating and establishing the board of professional discipline, ref-10erences in the laws of the state of Idaho, including the medical practice act,11this chapter and the Idaho Code in general, to the board shall, when concerned12with matters of self-policing or professional discipline within the medical13profession, be deemed and construed to be references to the board of profes-14sional discipline.15(8)Openness.Except as specifically otherwise ordered in the interest16of justice or the public health, hearings and proceedings before the board of17professional discipline shall be open in all cases in which the board has18determined that there is probable cause to proceed to formal hearing; pro-19vided, as respects reprimands for minor misconduct, proceedings shall be sub-20ject to disclosure according to chapter 3, title 9, Idaho Code, unless the21respondent physician in writing rejects the reprimand within ten (10) days of22the order providing therefor, in which cases said matters shall promptly be23set for hearing and such proceedings and hearings thereafter shall be public24and open unless, as hereinabove authorized, the board for good cause otherwise25orders and directs. Determination that there is probable cause to proceed may26be made informally by the chairman and also by written expression of a major-27ity of the members of the board of professional discipline. The determination28that there is not probable cause to proceed shall be made in writing and a29copy forwarded to such person whose complaint may have initiated or commenced30the proceedings, which person shall have standing to request en banc review of31such determination by the entire committee which shall have jurisdiction to32reverse or affirm such determination as in its discretion it deems in the33interest of justice and the public health.All formal hearings conducted by 34 the board or by the committee under the board's direction and control shall be 35 open to the public. Formal dispositions or other formal actions taken by the 36 board under sections 54-1806 and 54-1806A, Idaho Code, also shall be public. 37 Proceedings, studies and investigations which do not result in formal hear- 38 ings, formal dispositions or other formal actions by the board shall be con- 39 ducted in private and shall remain confidential. 40 (98) Voluntary Restriction of Licensure. A physician may request in 41 writing to the boardof professional disciplineor the committee a restriction 42 of his license to practice medicine and the board is authorized to grant such 43 request and, if it deems it appropriate to do so,it is granted the authority44in such casesto attach conditions to the licensure of the physician to prac- 45 tice medicine.within specified limitations.The board is also authorized in 46 such cases thereafter to waive the commencement of proceedings under this act 47 or other provisions of the medical practice act if in the interest of justice 48 it determines that such voluntary proceedings have rendered the same unneces- 49 sary. Removal of a voluntary restriction on or suspension of licensure to 50 practice medicine shall be subject to the procedures for reinstatement else- 51 where in this act, in the medical practice act or by rule of the board;of52professional disciplineprovided;also, such reinstatements may be subject to 53 further conditions specially imposed in the individual case as a condition of 54 the order entered therein. 55 (109) Adjudication of Discipline or Exoneration.At the conclusion of the5 1proceedings tThe boardof professional disciplineshall make a determination 2 of the merits of all proceedings, studies and investigations and, if grounds 3 therefor are found to exist, may issue its order: 4 (a) Revoking the respondent physician's license to practice medicine; 5 (b) Suspending or restricting the respondent physician's license to prac- 6 tice medicine; 7 (c) Imposing conditions or probation upon the respondent physician and 8 requiring rehabilitation planning, commitment and conditions upon such 9 respondent physician's licensure; 10 (d) Imposing an administrative fine not to exceed ten thousand dollars 11 ($10,000) for each count or offense; and/or 12 (e) Assessing costs and attorney's fees against the respondent physician 13 for any investigation and/or administrative proceeding. 14 If grounds for any of the foregoing are not found to exist, the board shall 15 enter its order so stating and dismissing the proceedings and shall provide 16 the respondent and, if there be one, the complainant or petitioner in the pro- 17 ceedings a true copy thereof. 18 (110) Temporary Suspension or Restriction Pending Final Order. The board 19of professional disciplinemay temporarily suspend or restrict the license of 20 any physician or enter an appropriate order of temporary probation, ex parte, 21 on its own motion or on verified petition of any person, pending further or 22 final order, without prior hearing, simultaneously with or at any time after 23 the institution of proceedings under this chapter,or the medical practice24act,but only if it first finds, on the basis of a responsible showing which 25 satisfactorily demonstrates that the physician in his capacity as such and for 26 reasons set forth by petition, affidavit, or other verified showing, or deter- 27 mined by it in reliance upon other reliable proof, is causing great harm to 28 the public or to any patient or group of patients, or is imminently likely to 29 cause such harm, for which reason he or she and his or her license to practice 30 medicine should be immediately suspended or restricted or he or she should be 31 specially controlled, suspended in or restricted from the practice of medi- 32 cine. In such cases, the board may summarily, and ex parte, order temporary 33 conditions of probation, suspension or restriction of said physician and his 34 or her license and authority to practice medicine in the state of Idaho, pend- 35 ing further or final order in the proceedings. Thereafter the physician may, 36 for good cause, request dissolution or amendment of any such temporary order 37 by petition filed with the board,of professional discipline,which petition 38 shall be set for prompt hearing beforesaidthe board or, if necessary and if39requested by the affected respondent physician in the interest of early con-40sideration, beforea designated hearing officer or special committee appointed 41 by the board for that purpose, which officer or committee shall forthwith hear 42 said matter and report to the board its report and recommendations. The board, 43 consistent with due process and the rules adopted by the board pursuant to the 44 administrative procedure act, chapter 52, title 67, Idaho Code, shall rule on 45 such petition for dissolution or amendment with the least amount of delay rea- 46 sonably possible. Neither the record of the proceeding nor any order entered 47 therein may be used against the respondent physician in any other legal pro- 48 ceeding except upon judicial review as provided elsewhere herein. 49 (121) Judicial Review. All final decisions by the boardof professional50disciplineshall be subject to judicial review pursuant to the procedures of 51 the administrative procedure act, chapter 52, title 67, Idaho Code. 52 (132) Protected Action and Communication. There shall be no liability on 53 the part of and no action for damages against: 54 (a) Any member of the board,ofthe committee on professional discipline 55 or the staff or officials thereof for any action undertaken or performed 6 1 within the scope of the functions ofsaidthe board or the committee under 2 this chapter when acting without malice and in the reasonable belief that 3 such action is warranted; or 4 (b) Any person providing information or testimony to thesaidboard, the 5 committee, oritstheir staff or officials without malice and in the rea- 6 sonable belief that such information is accurate. 7 SECTION 2. That Section 54-1806, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-1806. POWERS AND DUTIES. The board shall have the authority to: 10 (1) Hire or appoint employees, including an executive director, investi- 11 gators, attorneys, consultants and independent hearing examiners. 12 (2) Establish pursuant to the administrative proceduresact rulesand13regulationsfor administration of this chapter, including rulesand regula-14tionsgoverning all activities of persons employed as physician's assistants 15 by persons licensed to practice medicine in this state. The board shall adopt 16 rules pursuant to the administrative procedure act establishing procedures 17 for the receipt of complaints and for the investigation and disposition 18 thereof. Such rules shall provide for notice to a person when the board has 19 authorized the committee to investigate that person and shall provide an 20 opportunity for a person under investigation to meet with the committee or its 21 staff before the initiation of formal disciplinary proceedings by the board. 22 (3) Conduct investigations and examinations and hold hearings as autho- 23 rized by this section and by section 54-1806A, Idaho Code. 24 (4) The board, the board of professional discipline or its hearing offi-25cershall have the power in any disciplinary proceeding pursuant to this chap- 26 ter to administer oaths, take depositions of witnesses within or without the 27 state in the mannerprovided by law in civil casesconsistent with rules 28 adopted by the board pursuant to the administrative procedure act, and upon a 29 determination that there is good cause the board shall have power throughout 30 the state of Idaho to require the attendance of such witnesses and the produc- 31 tion of such books, records, and papers as it maydesiredeem appropriate at 32 any hearing.and fFor that purpose the board may issue a subpoena for any 33 witnesses or a subpoena duces tecum to compel the production of any books, 34 recordsofor papers, directed to the sheriff of any county of the state of 35 Idaho, where such witness resides, or may be found, which shall be served and 36 returned in the same manner as a subpoena in a criminal case is served and 37 returned. The fees and mileage of the witnesses shall be the same as that 38 allowed in the district courts in criminal cases, which fees and mileage shall 39 be paid from any funds in the state treasury in the same manner as other 40 expenses of the board are paid. In any case of disobedience to, or neglect of, 41 any subpoena or subpoena duces tecum served upon any person, or the refusal of 42 any witness to testify to any matter regarding which he may lawfully be inter- 43 rogated, it shall be the duty of the district court of any county in this 44 state in which such disobedience, neglect or refusal occurs, or any judge 45 thereof, on application by the board to compel compliance with the subpoena by 46 proceedings for contempt as in the case of disobedience of the requirements of 47 a subpoena issued from such court or for refusal to testify therein. The 48 licensed person accused in such proceedings shall have the same right of sub- 49 poena upon making application to the board therefor. 50 (5) Seek injunctive relief prohibiting the unlawful practice of medicine. 51 (6) Make and enter into contracts. 52 (7) Operate, manage, superintend and control the licensure of physicians. 53 (8) Develop and submit a proposed budget setting forth the amount neces- 7 1 sary to perform its functions. 2 (9) Perform such other duties as set forth in the laws of this state. 3 (10) Provide such other services and perform such other functions as are 4 necessary to fulfill its responsibilities. 5 (11) Provide for reasonable fees through rulesand regulationsfor admin- 6 istrative costs and assess costs reasonably and necessarily incurred in the 7 enforcement of this chapter when a licensee has been found to be in violation 8 of this chapter. 9 (12) Prepare an annual report. 10 SECTION 3. That Section 54-1814, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-1814. GROUNDS FOR MEDICAL DISCIPLINE. Every person licensed to prac- 13 tice medicine, licensed to practice as a physician assistant or registered as 14 an extern, intern or resident in this state is subject to discipline by the 15 board pursuant to the proceduresand powersset forth insection 54-1806A,16Idaho Code,this chapter and rules promulgated pursuant thereto upon any of 17 the following grounds: 18 (1) Conviction of a felony, or a crime involving moral turpitude, or the 19 entering of a plea of guilty or the finding of guilt by a jury or court of 20 commission of a felony or a crime involving moral turpitude. 21 (2) Use of false, fraudulent or forged statements or documents, diplomas 22 or credentials in connection with any licensing or other requirements of this 23 act. 24 (3) Practicing medicine under a false or assumed name in this or any 25 other state. 26 (4) Advertising the practice of medicine in any unethical or unprofes- 27 sional manner. 28 (5) Knowingly aiding or abetting any person to practice medicine who is 29 not authorized to practice medicine as provided in this chapter. 30 (6) Performing or procuring an unlawful abortion or aiding or abetting 31 the performing or procuring of an unlawful abortion. 32 (7) The provision of health care which fails to meet the standard of 33 health care provided by other qualified physicians in the same community or 34 similar communities, taking into account his training, experience and the 35 degree of expertise to which he holds himself out to the public. 36 (8) Division of fees or gifts or agreement to split or divide fees or 37 gifts received for professional services with any person, institution or cor- 38 poration in exchange for referral. 39 (9) Giving or receiving or aiding or abetting the giving or receiving of 40 rebates, either directly or indirectly. 41 (10) Inability to obtain or renew a license to practice medicine, or revo- 42 cation of, or suspension of a license to practice medicine by any other state, 43 territory, district of the United States or Canada, unless it can be shown 44 that such action was not related to the competence of the person to practice 45 medicine or to any conduct designated herein. 46 (11) Prescribing or furnishing narcotic or hallucinogenic drugs to 47 addicted persons to maintain their addictions and level of usage without 48 attempting to treat the primary condition requiring the use of narcotics. 49 (12) Prescribing or furnishing narcotic, hypnotic, hallucinogenic, stimu- 50 lating or dangerous drugs for other than treatment of any disease, injury or 51 medical condition. 52 (13) Failure to safeguard the confidentiality of medical records or other 53 medical information pertaining to identifiable patients, except as required or 8 1 authorized by law. 2 (14) The direct promotion by a physician of the sale of drugs, devices, 3 appliances or goods to a patient that are unnecessary and not medically indi- 4 cated. 5 (15) Abandonment of a patient. 6 (16) Willfully and intentionally representing that a manifestly incurable 7 disease or injury or other manifestly incurable condition can be permanently 8 cured. 9 (17) Failure to supervise the activities of externs, interns, residents, 10 nurse practitioners, certified nurse-midwives, clinical nurse specialists, or 11 physician assistants. 12 (18) Practicing medicine when a license pursuant to this chapter is sus- 13 pended, revoked or inactive. 14 (19) Practicing medicine in violation of a voluntary restriction or terms 15 of probation pursuant to this chapter. 16 (20) Refusing to divulge to the board upon demand the means, method, 17 device or instrumentality used in the treatment of a disease, injury, ailment, 18 or infirmity. 19 (21) Commission of any act constituting a felony or commission of any act 20 constituting a crime involving moral turpitude. 21 (22) Engaging in any conduct which constitutes an abuse or exploitation of 22 a patient arising out of the trust and confidence placed in the physician by 23 the patient. 24 SECTION 4. That Section 54-3914, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-3914. BOARD OF MEDICINE AND BOARD OF ATHLETIC TRAINERS -- POWERS AND 27 DUTIES. (1) The board shall administer, coordinate, and enforce the provisions 28 of this chapter, evaluate the qualifications, and approve the examinations for 29 registration under this chapter, and may issue subpoenas, examine witnesses, 30 and administer oaths, and may investigate practices which are alleged to vio- 31 late the provisions of this chapter. The board of athletic trainers shall con- 32 duct examinations of all applicants for registration and make recommendations 33 to and consult with the board concerning issuance of registrations, revocation 34 of registrations and rulesand regulationsto be promulgated under this chap- 35 ter. 36 (2) The board shall, upon recommendation of the board of athletic 37 trainers, adopt rulesand regulations,pursuant to chapter 52, title 67, Idaho 38 Code, relating to professional conduct to carry out the policy of this chapter 39 including, but not limited to, regulations relating to professional registra- 40 tion and to the establishment of ethical standards of practice, disciplinary 41 proceedings, registration suspension proceedings, or registration revocation 42 proceedings for persons registered to practice as an athletic trainer in this 43 state. 44 (3) The board of athletic trainers shall hold meetings, conduct hearings 45 and keep records and minutes as are necessary to carry out its functions. 46 (4) Every person registered as an athletic trainer in Idaho shall be sub- 47 ject to discipline pursuant to the powers set forth insection 54-1806A, Idaho48Codethis chapter and the rules of the board of medicine promulgated pursuant 49 thereto. 50 SECTION 5. That Section 54-1841, Idaho Code, be, and the same is hereby 51 repealed. 9 1 SECTION 6. That Section 9-340C, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 4 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 5 are exempt from disclosure: 6 (1) Except as provided in this subsection, all personnel records of a 7 current or former public official other than the public official's public ser- 8 vice or employment history, classification, pay grade and step, longevity, 9 gross salary and salary history, status, workplace and employing agency. All 10 other personnel information relating to a public employee or applicant includ- 11 ing, but not limited to, information regarding sex, race, marital status, 12 birth date, home address and telephone number, applications, testing and 13 scoring materials, grievances, correspondence and performance evaluations, 14 shall not be disclosed to the public without the employee's or applicant's 15 written consent. A public official or authorized representative may inspect 16 and copy his personnel records, except for material used to screen and test 17 for employment. 18 (2) Retired employees' and retired public officials' home addresses, home 19 telephone numbers and other financial and nonfinancial membership records; 20 active and inactive member financial and membership records and mortgage port- 21 folio loan documents maintained by the public employee retirement system. 22 Financial statements prepared by retirement system staff, funding agents and 23 custodians concerning the investment of assets of the public employee retire- 24 ment system of Idaho are not considered confidential under this chapter. 25 (3) Information and records submitted to the Idaho state lottery for the 26 performance of background investigations of employees, lottery retailers and 27 major procurement contractors; audit records of lottery retailers, vendors and 28 major procurement contractors submitted to or performed by the Idaho state 29 lottery; validation and security tests of the state lottery for lottery games; 30 business records and information submitted pursuant to sections 67-7412(8) and 31 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 32 obtained and held for the purposes of lottery security and investigative 33 action as determined by lottery rules unless the public interest in disclosure 34 substantially outweighs the private need for protection from public disclo- 35 sure. 36 (4) Records of a personal nature as follows: 37 (a) Records of personal debt filed with a public agency pursuant to law; 38 (b) Personal bank records compiled by a public depositor for the purpose 39 of public funds transactions conducted pursuant to law; 40 (c) Records of ownership of financial obligations and instruments of a 41 public agency, such as bonds, compiled by the public agency pursuant to 42 law; 43 (d) Records, with regard to the ownership of, or security interests in, 44 registered public obligations; 45 (e) Vital statistics records. 46 (5) Information in an income or other tax return measured by items of 47 income or sales, which is gathered by a public agency for the purpose of 48 administering the tax, except such information to the extent disclosed in a 49 written decision of the tax commission pursuant to a taxpayer protest of a 50 deficiency determination by the tax commission, under the provisions of sec- 51 tion 63-3045B, Idaho Code. 52 (6) Records of a personal nature related directly or indirectly to the 53 application for and provision of statutory services rendered to persons apply- 54 ing for public care for the elderly, indigent, or mentally or physically 10 1 handicapped, or participation in an environmental or a public health study, 2 provided the provisions of this subsection making records exempt from disclo- 3 sure shall not apply to the extent that such records or information contained 4 in those records are necessary for a background check on an individual that is 5 required by federal law regulating the sale of firearms, guns or ammunition. 6 (7) Employment security information and unemployment insurance benefit 7 information, except that all interested parties may agree to waive the exemp- 8 tion. 9 (8) Any personal records, other than names, business addresses and busi- 10 ness phone numbers, such as parentage, race, religion, sex, height, weight, 11 tax identification and social security numbers, financial worth or medical 12 condition submitted to any public agency pursuant to a statutory requirement 13 for licensing, certification, permit or bonding. 14 (9) Unless otherwise provided by agency rule, information obtained as 15 part of an inquiry into a person's fitness to be granted or retain a license, 16 certificate, permit, privilege, commission or position, private association 17 peer review committee records authorized in title 54, Idaho Code. Any agency 18 which has records exempt from disclosure under the provisions of this subsec- 19 tion shall annually make available a statistical summary of the number and 20 types of matters considered and their disposition. 21 (10) The records, findings, determinations and decisions of any prelitiga- 22 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 23 (11) Complaints received by the bBoard ofprofessional discipline24reprimands by informal admonitionmedicine and investigations and informal 25 proceedings, including informal proceedings of any committee of the board of 26 medicine, pursuant tosubsection (6)(f) of section 54-1806Achapter 18, title 27 54, Idaho Code, and rules adopted thereunder. 28 (12) Records of the department of health and welfare or a public health 29 district that identify a person infected with a reportable disease. 30 (13) Records of hospital care, medical records, records of psychiatric 31 care or treatment and professional counseling records relating to an 32 individual's condition, diagnosis, care or treatment, provided the provisions 33 of this subsection making records exempt from disclosure shall not apply to 34 the extent that such records or information contained in those records are 35 necessary for a background check on an individual that is required by federal 36 law regulating the sale of firearms, guns or ammunition. 37 (14) Information collected pursuant to the directory of new hires act, 38 chapter 16, title 72, Idaho Code. 39 (15) Personal information contained in motor vehicle and driver records 40 that is exempt from disclosure under the provisions of chapter 2, title 49, 41 Idaho Code. 42 (16) Records of the financial status of prisoners pursuant to subsection 43 (2) of section 20-607, Idaho Code. 44 (17) Records of the department of law enforcement or department of correc- 45 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 46 to DNA databases and databanks. 47 (18) Records of the department of health and welfare relating to a survey, 48 resurvey or complaint investigation of a licensed nursing facility shall be 49 exempt from disclosure. Such records shall, however, be subject to disclosure 50 as public records on and after the fourteenth day following the date that 51 department of health and welfare representatives officially exit the facility 52 pursuant to federal regulations. Provided however, that for purposes of confi- 53 dentiality, no record shall be released under this section which specifically 54 identifies any nursing facility resident. 55 (189) Records and information contained in the registry of immunizations 11 1 against childhood diseases maintained in the department of health and welfare, 2 including information disseminated to others from the registry by the depart- 3 ment of health and welfare. 4 SECTION 7. This act shall be in full force and effect on and after July 5 1, 2000, and the Board of Medicine is directed to begin rulemaking pursuant to 6 Chapter 52, Title 67, Idaho Code, as required by Section 54-1806(2), Idaho 7 Code. Until such rules are final, the Idaho Rules of Administrative Procedure 8 of the Attorney General to the extent they are not inconsistent with rules 9 already adopted by the Board of Medicine, shall be the rules of practice and 10 procedure for the Board of Medicine.
STATEMENT OF PURPOSE RS10157 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 all investigations and disciplinary actions to be conducted by a committee on discipline which will not impose disciplinary sanctions but which will recommend appropriate actions for the consideration of the Board of Medicine, whose members are appointed by the Governor and confirmed by the Senate. The bill also requires the Board to adopt procedural rules governing the receipt, investigation and disposition of complaints. FISCAL NOTE This bill will have no impact on the General Fund. It will redirect the expenditures of the Board of Medicine which are paid from its dedicated account. CONTACT: Rep. Debbie Field (208) 332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE H 628