2000 Legislation
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HOUSE BILL NO. 628 – Medicine Bd, professionl discipline


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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
      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)

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 628
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
 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  medicine  is
 20    authorized to shall create a board of committee on professional discipline and
 21    to delegate to it its role and authority in the enforcement and supervision of
 22    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,
 25    including  without limitation the power to make rules and to provide forms and
 26    procedures therefor, to the full extent that the board of medicine  is  autho-
 27    rized  or  empowered to act; such board of and to recommend appropriate action
 28    to the board with respect thereto. The committee on  professional  discipline,
 29    however, shall not act or be authorized to act in connection with licensing of
 30    applicants,  except as respects proceedings for reinstatement following volun-
 31    tary surrender of license while under investigation or prosecution for conduct
 32    allegedly improper, or following  restriction,  suspension  or  revocation  of
 33    license  in  the  state  of  Idaho or under any other duly constituted medical
 34    licensing authority of any other state or territory of the United States or of
 35    any other nation. By its order therefor, the state shall 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 board of medicine shall provide as follows  respecting  a
 39    board of the committee on professional discipline: created under this chapter:
 40        (1)  Membership.  Said  board The 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
  1    discipline  until  the expiration of their current terms. Thereafter, it shall
  2    consist of two four (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 the
  5    state of Idaho, whose terms shall expire midnight, June 30, 1978  in  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 shall in 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  a
 12    portion  of the said board, each year; provided, the board of medicine may, in
 13    its discretion, reappoint members and may but need not appoint members of  the
 14    board  of  medicine  itself  to any or all of the positions of membership upon
 15    said board initially and/or from time to time as vacancies  occur.  Subsequent
 16    appointees to the board shall have the qualifications required of the original
 17    appointees.  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    the  board  of  professional  discipline committee as its chairman, and he who
 23    shall serve and function in that capacity for one (1) year or until his a suc-
 24    cessor is duly appointed, whichever is later.
 25        (3)  Quorum.  Three (3) members shall constitute a quorum though no  meet-
 26    ing  of said board the 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 on said board or acting on  its
 34    behalf the 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 of Board of the Committee  on  Professional  Disci-
 40    pline.  In  addition to its other powers, the board of professional discipline
 41    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 own
 44        motion and initiative or to proceed on the request  or  complaint  of  any
 45        person, whether formally or informally stated and whether or not verified;
 46        provided,  it may impose reasonable requirements respecting the form, con-
 47        tent 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  staff to obtain the assistance of staff and
 53        legal counsel hired by the board of medicine  to administer,  process  and
 54        assist  in the its work. assigned it under this chapter or by the board of
 55        medicine, including, as deemed appropriate, legal  counsel  to  assist  in
  1        presentation 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 to it the committee
  5        in  any matter or proceeding assigned to the committee, which hearing com-
  6        mittees shall be of  such  number  and  size  as  the  disciplinary  board
  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 pProceedings before such of  the  committee  and  any  hearing
 12        officers or hearing committees, and before said board, except as otherwise
 13        provided  or may be inconsistent with the clear intent or conflicting spe-
 14        cific 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-
 17        ings de novo on appellate review as 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 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 provided in and by the
 25        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 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        (jh)  To provide recommend that the board adopt rules to provide  for  and
  4        permit  the committee to conduct informal proceedings and to provide rules
  5        and practices to 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-
  8    pline  and  Self-Policing.  From  and after the effective date of the board of
  9    medicine creating and establishing the board of professional discipline,  ref-
 10    erences in the laws of the state of Idaho, including the medical practice act,
 11    this chapter and the Idaho Code in general, to the board shall, when concerned
 12    with  matters  of  self-policing or professional discipline within the medical
 13    profession, be deemed and construed to be references to the board  of  profes-
 14    sional discipline.
 15        (8)  Openness.  Except  as  specifically otherwise ordered in the interest
 16    of justice or the public health, hearings and proceedings before the board  of
 17    professional  discipline  shall  be  open  in all cases in which the board has
 18    determined that there is probable cause to proceed  to  formal  hearing;  pro-
 19    vided,  as respects reprimands for minor misconduct, proceedings shall be sub-
 20    ject to disclosure according to chapter 3, title 9,  Idaho  Code,  unless  the
 21    respondent  physician in writing rejects the reprimand within ten (10) days of
 22    the order providing therefor, in which cases said matters  shall  promptly  be
 23    set  for  hearing and such proceedings and hearings thereafter shall be public
 24    and open unless, as hereinabove authorized, the board for good cause otherwise
 25    orders and directs. Determination that there is probable cause to proceed  may
 26    be  made informally by the chairman and also by written expression of a major-
 27    ity of the members of the board of professional discipline. The  determination
 28    that  there  is  not  probable cause to proceed shall be made in writing and a
 29    copy forwarded to such person whose complaint may have initiated or  commenced
 30    the proceedings, which person shall have standing to request en banc review of
 31    such  determination  by  the entire committee which shall have jurisdiction to
 32    reverse or affirm such determination as in its  discretion  it  deems  in  the
 33    interest  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 board of professional discipline or 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  authority
 44    in  such cases to 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;  of
 52    professional  discipline provided; 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 the
  1    proceedings  tThe  board of professional discipline shall 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
 19    of professional discipline may 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  practice
 24    act,  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 before said the board or, if necessary and if
 39    requested by the affected respondent physician in the interest of  early  con-
 40    sideration, before a 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 board  of  professional
 50    discipline  shall  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, of the committee on professional discipline
 55        or the staff or officials thereof for any action undertaken  or  performed
  1        within the scope of the functions of said the 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 the said board,  the
  5        committee,  or its their 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  procedures  act  rules  and
 13    regulations  for  administration  of this chapter, including rules and regula-
 14    tions governing 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-
 25    cer shall 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  manner  provided  by  law in civil cases consistent 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  may desire deem 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    records  of  or  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-
  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 rules and regulations for  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  procedures and powers set forth in section 54-1806A,
 16    Idaho 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
  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:
 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 rules and regulations to be promulgated under this chap-
 35    ter.
 36        (2)  The board  shall,  upon  recommendation  of  the  board  of  athletic
 37    trainers, adopt rules and 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 in section 54-1806A, Idaho
 48    Code this 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.
  1        SECTION 6.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
  2    amended to read as follows:
  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
  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  of  professional  discipline
 24    reprimands by informal admonition medicine  and  investigations  and  informal
 25    proceedings,  including  informal proceedings of any committee of the board of
 26    medicine, pursuant to subsection (6)(f) of section 54-1806A chapter 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
  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 / Fiscal Impact

                 STATEMENT OF PURPOSE

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