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S1364.................................................by HEALTH AND WELFARE
ACUPUNCTURE BOARD - Amends existing law to change the measure of
compensation for members of the Board of Acupuncture; to put the Board of
Acupuncture in the Department of Self-Governing Agencies; and to provide
that the Bureau of Occupational Licenses is empowered to provide services
to the Board of Acupuncture.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Health/Wel
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch, Ipsen, Parry, Sorensen
Floor Sponsor - Stegner
Title apvd - to House
02/15 House intro - 1st rdg - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 62-1-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond,
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Wood, Zimmermann
NAYS -- Gould
Absent and excused -- Chase, Geddes, Hansen(23), Hansen(29),Trail,
Wheeler, Mr Speaker
Floor Sponsor - Sali
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed
03/27 Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 82
Effective: 07/01/00
S1364
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1364
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF ACUPUNCTURE; AMENDING SECTION 54-4704, IDAHO CODE, TO
3 CHANGE THE MEASURE OF COMPENSATION FOR MEMBERS OF THE BOARD OF ACUPUNC-
4 TURE; AMENDING SECTION 67-2601, IDAHO CODE, TO PUT THE BOARD OF ACUPUNC-
5 TURE IN THE DEPARTMENT OF SELF-GOVERNING AGENCIES; AND AMENDING SECTION
6 67-2602, IDAHO CODE, TO PROVIDE THAT THE BUREAU OF OCCUPATIONAL LICENSES
7 IS EMPOWERED TO PROVIDE SERVICES TO THE BOARD OF ACUPUNCTURE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 54-4704, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-4704. BOARD OF ACUPUNCTURE CREATED -- APPOINTMENT -- TERMS. (1) There
12 is hereby established in the department of self-governing agencies a state
13 board of acupuncture and the members thereof shall be appointed by the gover-
14 nor within sixty (60) days following the effective date of this chapter.
15 (2) The board shall consist of five (5) members, three (3) of whom shall
16 be licensed pursuant to this chapter, one (1) of whom shall be certified pur-
17 suant to this chapter, and one (1) of whom shall be a member of the public
18 with an interest in the rights of the consumers of acupuncture services.
19 (3) In making appointments to the board of acupuncture, consideration
20 shall be given to recommendations made by the Idaho acupuncture association,
21 other similar professional organizations and individual acupuncturists and
22 physicians.
23 (4) All members of the board shall be current residents of the state of
24 Idaho and have been residents of the state of Idaho for a minimum of three (3)
25 years immediately preceding appointment.
26 (5) The initial three (3) licensed acupuncturist members of the board
27 shall be persons who are eligible to become licensed pursuant to this chapter,
28 and who shall, within thirty (30) days of their appointment, become licensed
29 pursuant to this chapter. The certified acupuncturist member shall be a person
30 with sufficient qualification to be eligible for certification pursuant to
31 this chapter and shall, within thirty (30) days of appointment, become certi-
32 fied.
33 (6) The initial board shall be appointed for staggered terms, the longer
34 of which shall not exceed four (4) years. After the initial appointments, all
35 terms shall be four (4) years, and a member may be reappointed. In the event
36 of death, resignation, or removal of any member before the expiration of the
37 term to which appointed, the vacancy shall be filled for the unexpired portion
38 of the term in the same manner as the original appointment.
39 (7) The governor may remove any member of the board for cause, prior to
40 the expiration of the member's term.
41 (8) The board shall, within thirty (30) days after its appointment, and
42 at least annually thereafter, hold a meeting and elect a chairman. The board
43 may hold additional meetings on the call of the chairman or at the written
2
1 request of any two (2) members of the board. The board may appoint such com-
2 mittees as it considers necessary to carry out its duties. A majority of the
3 members of the board shall constitute a quorum.
4 (9) Each member of the board shall be compensated as provided in section
5 59-509(hn), Idaho Code.
6 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
9 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
10 self-governing agencies. The department shall, for the purposes of section 20,
11 article IV of the constitution of the state of Idaho, be an executive depart-
12 ment of the state government.
13 (2) The department shall consist of the following:
14 (a) agricultural commodity commissions: Idaho apple commission, as pro-
15 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
16 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
17 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
18 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
19 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
20 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
21 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
22 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho
23 wheat commission, as provided by chapter 33, title 22, Idaho Code; and,
24 (b) professional and occupational licensing boards: Idaho state board of
25 certified public accountancy, as provided by chapter 2, title 54, Idaho
26 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
27 Code; board of architectural examiners, as provided by chapter 3, title
28 54, Idaho Code; office of the state athletic director, as provided by
29 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
30 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
31 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
32 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
33 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
34 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
35 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
36 state board of denturitry, as provided by chapter 33, title 54, Idaho
37 Code; state board of engineering examiners, as provided by chapter 12,
38 title 54, Idaho Code; board of environmental health specialists examiners,
39 as provided by chapter 24, title 54, Idaho Code; state board for registra-
40 tion of professional geologists, as provided by chapter 28, title 54,
41 Idaho Code; board of hearing aid dealers and fitters, as provided by chap-
42 ter 29, title 54, Idaho Code; Idaho state board of landscape architects,
43 as provided by chapter 30, title 54, Idaho Code; state board of medicine,
44 as provided by chapter 18, title 54, Idaho Code, and its associated physi-
45 cal therapist advisory board, as provided by chapter 22, title 54, Idaho
46 Code; state board of morticians, as provided by chapter 11, title 54,
47 Idaho Code; board of nurses, as provided by chapter 14, title 54, Idaho
48 Code; board of examiners of nursing home administrators, as provided by
49 chapter 16, title 54, Idaho Code; state board of optometry, as provided by
50 chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as
51 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro-
52 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as
53 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
3
1 ogist examiners, as provided by chapter 23, title 54, Idaho Code; public
2 works contractors licensing board, as provided by chapter 19, title 54,
3 Idaho Code; Idaho real estate commission, as provided by chapter 20, title
4 54, Idaho Code; real estate appraiser board, as provided by chapter 41,
5 title 54, Idaho Code; board of social work examiners, as provided by chap-
6 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro-
7 vided by chapter 21, title 54, Idaho Code; and the board of examiners of
8 residential care facility administrators, as provided by chapter 42, title
9 54, Idaho Code.
10 (c) the board of examiners, pursuant to section 67-2001, Idaho Code.
11 (d) the division of building safety, to be headed by a division adminis-
12 trator and comprised of four (4) bureaus: plumbing, electrical, buildings,
13 and logging and industrial safety. The division administrator and bureau
14 chiefs shall be nonclassified employees exempt from the provisions of
15 chapter 53, title 67, Idaho Code. The administrator of the division shall
16 administer the provisions of chapter 40, title 39, Idaho Code, relating to
17 manufactured homes and recreational vehicles; chapter 41, title 39, Idaho
18 Code, relating to modular buildings; chapter 21, title 44, Idaho Code,
19 relating to manufactured home dealer and broker licensing; chapter 10,
20 title 54, Idaho Code, relating to electrical contractors and journeymen;
21 chapter 26, title 54, Idaho Code, relating to plumbing and plumbers; and
22 shall perform such additional duties as are imposed upon him by law. The
23 division administrator shall cooperate with the industrial commission and
24 aid and assist the commission in its administration of sections 72-720,
25 72-721 and 72-723, Idaho Code, and at the request of the commission shall
26 make inspection of appliances, tools, equipment, machinery, practices or
27 conditions, and make a written report to the commission. The administrator
28 shall make recommendations to the commission to aid the commission in its
29 administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided
30 however, that nothing herein shall be construed as transferring to the
31 administrator any of the authority or powers now vested in the industrial
32 commission.
33 (3) The bureau of occupational licenses is hereby created within the
34 department of self-governing agencies.
35 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
38 licenses created in the department of self-governing agencies by section
39 67-2601, Idaho Code, shall be empowered, by written agreement between the
40 bureau and each agency for which it provides administrative or other services
41 as provided by law, to provide such services for the board of acupuncture,
42 board of architectural examiners, board of barber examiners, board of chiro-
43 practic physicians, board of cosmetology, counselor licensing board, board of
44 environmental health specialist examiners, state board of denturitry, board of
45 hearing aid dealers and fitters, board of landscape architects, board of
46 morticians, board of examiners of nursing home administrators, board of optom-
47 etry, board of podiatrists, board of psychologist examiners, real estate
48 appraiser board, board of examiners of residential care facility administra-
49 tors, board of social work examiners and such other professional and occupa-
50 tional licensing boards or commodity commissions as may request such services.
51 The bureau may charge a reasonable fee for such services provided any agency
52 not otherwise provided for by law and shall maintain proper accounting methods
53 for all funds under its jurisdiction.
4
1 (2) Notwithstanding the statutes governing specific boards, for any board
2 that contracts with the bureau of occupational licenses, each board member
3 shall hold office until a successor has been duly appointed and qualified.
STATEMENT OF PURPOSE
RS 09836
Section 1. This Statute allows Board of Acupuncture members to receive an honorarium of
$50.00 per day for attending board meetings. Currently the honorarium is considered salary
under 59-1302 of the Public Employees Retirement System statutes. When the honorarium is
paid, a contribution to PERSI for the board members is processed. Board members, who
contribute to employer or personal retirement programs in addition to PERSI, run into IRS
restrictions due to the PERSI account. Some board members have opted to refuse the
honorarium, which results in no contribution to a PERSI account. Those members must,
however, still be set up in the PERSI system, as required by law, before they can be entered in
the Idaho Employee Information System (EIS). Members must be entered in EIS before they can
receive reimbursement for expenses incurred while conduction board business and lodging
expenses.
This change would result in the honorarium no longer being considered as a salary, and would
hereafter be exempt those board members from participation in PERSI.
Section 2. & 3. This would add the Board of Acupuncture to the list of professional and
occupational licensing boards under the Bureau of Occupational License statute.
FISCAL IMPACT
There is no fiscal impact to the State of Idaho as a result of this legislation.
Contact: Joe Stegner
(208) 332-1342
STATEMENT OF PURPOSE/FISCAL NOTE S1364