Print Friendly HOUSE BILL NO. 628 – Medicine Bd, professionl discipline
HOUSE BILL NO. 628
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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)
|||| 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
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 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
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 p Proceedings 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
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 (1 10) 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 (1 21) 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 (1 32) 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 procedure s 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
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-
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
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 rules and regulations to be promulgated under this chap-
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
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
50 SECTION 5. That Section 54-1841, Idaho Code, be, and the same is hereby
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-
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
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-
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 b Board 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 (1 89) 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
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.
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
CONTACT: Rep. Debbie Field
STATEMENT OF PURPOSE/ FISCAL NOTE H 628