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H0009aa......................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
CHIROPRACTIC INTERNS - Amends existing law to provide for the registration
of chiropractic interns who are under the supervision of licensed
chiropractic physicians; and to provide for registration and issuance of
temporary permits.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/15 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/23 3rd rdg as amen - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young
NAYS -- None
Absent and excused -- Chase, Deal, Gould, Jones, Kendell, Montgomery,
Ridinger, Smith, Mr. Speaker
Floor Sponsor -- Moss
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Ipsen
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 80
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 9 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-705, IDAHO CODE, TO 3 PROVIDE FOR REGISTRATION OF CHIROPRACTIC INTERNS UNDER THE SUPERVISION OF 4 LICENSED CHIROPRACTIC PHYSICIANS, TO PROVIDE A CORRECT REFERENCE AND TO 5 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-707, IDAHO CODE, TO 6 BROADEN THE DISCIPLINARY AUTHORITY OF THE STATE BOARD OF CHIROPRACTIC PHY- 7 SICIANS WITH REGARD TO LICENSES AND PERMITS; AND AMENDING SECTION 54-711, 8 IDAHO CODE, TO PROVIDE FOR REGISTRATION AND ISSUANCE OF TEMPORARY PERMITS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 54-705, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-705. EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED. (1) 13 Under the circumstances described and, subject in each case to the limitations 14 stated, the following persons, though not holding a license to practice chiro- 15 practic in this state, may engage in activities included in the practice of 16 chiropractic: 17 (a) A person licensed by this state pursuant to chapter 18, title 54, 18 Idaho Code; 19 (b) A chiropractic assistant as shall be defined and regulated by the 20 board, administering a procedure set forth in section 54-704, Idaho Code, 21 but not including the adjustment or manipulation of articulations of the 22 body, as specifically directed by a chiropractic physician as long as such 23 directions are within the scope of chiropractic practice; 24 (c) A person rendering aid in an emergency, for which no fee for the ser- 25 vices is contemplated, charged or received; 26 (d) A person residing in another state or country and authorized to prac- 27 tice chiropractic there, who is called in consultation by a person 28 licensed in this state to practice chiropractic, or who for the purpose of 29 furthering chiropractic education is invited into this state to conduct a 30 lecture, clinic, or demonstration, while engaged in activities in connec- 31 tion with the consultation, lecture, clinic, or demonstration, so long as 32 he does not open an office or appoint a place to meet patients or receive 33 calls in this state; 34 (e) A person authorized to practice chiropractic in another state or 35 country rendering chiropractic care in a time of disaster or while caring 36 for an ill or injured person while at the scene of an emergency and while 37 continuing to care for such person; 38 (f) Nothing in this chapter shall be construed as preventing or restrict- 39 ing the practice, services or activities or requiring licensure pursuant 40 to the provisions of this chapter, of any person licensed or registered in 41 this state by any other law, from engaging in any health care profession 42 or occupation for which such person is licensed or registered.; 43 (g) Any person exempted under the provisions of section 54-1804, Idaho 2 1 Code.; 2 (h) Any person who practices massage therapy as defined in section 3 54-704(1)(c), Idaho Code; 4 (i) A chiropractic intern, as defined and regulated by the board, who is 5 registered with the board to practice chiropractic under the direct super- 6 vision of a licensed chiropractic physician pursuant to a preceptor pro- 7 gram adopted and developed by the rules of the board. 8 (2) Except as provided in subsection (1) of this section, it is unlawful 9 for any person to practice chiropractic in this state without a license and, 10 upon conviction thereof, shall be fined not less than one thousand dollars 11 ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not 12 less than six (6) months nor more than one (1) year, or by both such fine and 13 imprisonment. 14 (3) It is unlawful for any person to assume or use the title or designa- 15 tion "chiropractor," "chiropractic physician," "doctor of chiropractic," the 16 initials "D.C.," or any word or title or abbreviation thereof calculated to 17 induce the belief that he is engaged in the practice of chiropractic or to 18 indicate to the public that such person is licensed to practice chiropractic 19 pursuant to this act unless such person is so licensed, and upon conviction 20 thereof, such person shall be fined not less than five hundred dollars ($500) 21 nor more than three thousand dollars ($3,000), or imprisoned for not less than 22 six (6) months nor more than one (1) year, or by both such fine and imprison- 23 ment. 24 (4) When a person has been a recipient of services constituting the 25 unlawful practice of chiropractic, whether or not he knew the rendition of the 26 services was unlawful, proof of the rendition of unlawful services to the 27 recipient, in an action against the provider of such services for damages 28 allegedly caused by the services, constitutes prima facie evidence of negli- 29 gence, shifting the burden of proof to such provider of unlawful services. The 30 following damages in addition to any other remedies provided by law may be 31 recovered in such an action: 32 (a) Amount of any fees paid for the unlawful services; and 33 (b) Reasonable attorney's fees and court costs. 34 (5) The board shall refer all violations made known to it to an appropri- 35 ate prosecuting attorney. The board shall render assistance to a prosecuting 36 attorney in the prosecution of a case pursuant to this section. 37 SECTION 2. That Section 54-707, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-707. POWERS AND DUTIES. The board shall have the authority to: 40 (1) Hire or appoint employees, including an executive director, investi- 41 gators, attorneys, consultants and independent hearing examiners; 42 (2) Establish, pursuant to the provisions of chapter 52, title 67, Idaho 43 Code, rules for the administration of the provisions of this chapter; 44 (3) Conduct investigations and examinations and hold hearings; 45 (4) Revoke or suspend licenses or permits to practice chiropractic, or 46 impose any other discipline upon a licensee or permittee, after providing the 47 licensee with an opportunity for an appropriate contested case in accordance 48 with the provisions of chapter 52, title 67, Idaho Code; 49 (5) In any disciplinary proceeding pursuant to this chapter to administer 50 oaths, take depositions of witnesses within or without the state in the manner 51 provided by law in civil cases, and shall have the power throughout the state 52 of Idaho to require the attendance of such witnesses and the production of 53 such books, records, and papers as it may desire at any hearing and, for that 3 1 purpose, the board may issue a subpoena for any witnesses or subpoena duces 2 tecum to compel the production of any books, records or papers, directed to 3 the sheriff of any county in the state of Idaho, where such witness resides or 4 may be found, which shall be served and returned in the same manner as a sub- 5 poena in a criminal case is served and returned. The fees and mileage of the 6 witnesses shall be the same as that allowed in the district courts in criminal 7 cases, which fees and mileage shall be paid from any funds in the state trea- 8 sury in the same manner as other expenses of the board are paid. The licensee 9 accused in such proceedings shall have the same right of subpoena upon making 10 application to the board therefor. In any case of disobedience to, or neglect 11 of, any subpoena or subpoena duces tecum, served upon any person, or the 12 refusal of any witness to testify to any matter regarding which he may law- 13 fully be interrogated, it shall be the duty of the district court of any 14 county in this state in which this disobedience, neglect or refusal occurs, on 15 application by the board to compel compliance with the subpoena, to issue its 16 order directing compliance with such subpoena, and in the event of a violation 17 of such order, to compel compliance with such order by proceedings for con- 18 tempt as in the case of disobedience of the requirement of a subpoena issued 19 from such court or for refusal to testify therein; 20 (6) Seek injunctive relief prohibiting the unlawful practice of chiro- 21 practic; 22 (7) Make and enter into contracts in the necessary performance of its 23 duties pursuant to this chapter; 24 (8) Develop and submit a proposed budget setting forth the amount neces- 25 sary to perform its functions; 26 (9) Perform such other duties as set forth in the laws of this state; 27 (10) Provide such other services and perform such other functions as are 28 necessary to fulfill its responsibilities; 29 (11) Adopt rules to provide for reasonable fees and for administrative 30 costs and to assess costs reasonably and necessarily incurred in the enforce- 31 ment of this chapter when a licensee has been found to be in violation 32 thereof; 33 (12) Adopt a rule requiring continuing education as a condition of contin- 34 ued licensure; and 35 (13) Adopt rules pursuant to chapter 52, title 67, Idaho Code, to estab- 36 lish and operate a system of peer review for chiropractic physicians which 37 shall include, but not be limited to, the appropriateness, quality, utiliza- 38 tion, and cost of chiropractic services and the ethical performance of chiro- 39 practic care. 40 SECTION 3. That Section 54-711, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-711. TEMPORARY PRACTICE, REGISTRATION AND PERMIT. (1) Any person who 43 has submitted an application to the board for licensure by examination to 44 practice chiropractic in the state of Idaho, maybe permittedregister with 45 the board and be granted a permit to practice chiropractic prior to examina- 46 tion and licensure in accordance with board rules upon the following condi- 47 tions: 48 (1a) The applicant mustrequest permission of the board in writing to49engage in such temporary practicesubmit a completed registration applica- 50 tion to the board on forms furnished by the board together with a fee of 51 not more than fifty dollars ($50.00), and must affirmatively show that the 52 applicant will take the next scheduled examination for licensuregiven53 approved by the board, and that the applicant has not failed two (2) pre- 4 1 vious examinationsconductedfor licensure approved by the board; and 2 (2b) A licensed physician certifies to the board that such applicant will 3 practice chiropractic only under the direct and immediate supervision of 4 such physician and only in the office of such physician. 5 (2) Any person who has completed the required course of study from an 6 acceptable school of chiropractic, but has not yet graduated, may register 7 with the board and be granted a permit to serve a chiropractic internship in 8 accordance with board rules and upon the following conditions: 9 (a) The applicant must submit a completed registration application to the 10 board on forms furnished by the board and submit a fee of not more than 11 fifty dollars ($50.00); and 12 (b) A licensed physician certifies to the board that such applicant will 13 practice chiropractic only under the direct and immediate supervision of 14 such physician and only in the office of such physician.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Moss
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 9
1 AMENDMENTS TO THE BILL
2 On page 2 of the printed bill, delete lines 37 through 53; on page 3,
3 delete lines 1 through 39; and in line 40, delete "SECTION 3" and insert:
4 "SECTION 2".
5 CORRECTION TO TITLE
6 On page 1, in line 5, delete "AMENDING SECTION 54-707, IDAHO CODE, TO";
7 delete line 6; and in line 7, delete "SICIANS WITH REGARD TO LICENSES AND PER-
8 MITS;".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 9, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-705, IDAHO CODE, TO 3 PROVIDE FOR REGISTRATION OF CHIROPRACTIC INTERNS UNDER THE SUPERVISION OF 4 LICENSED CHIROPRACTIC PHYSICIANS, TO PROVIDE A CORRECT REFERENCE AND TO 5 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 54-711, IDAHO CODE, TO 6 PROVIDE FOR REGISTRATION AND ISSUANCE OF TEMPORARY PERMITS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-705, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-705. EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED. (1) 11 Under the circumstances described and, subject in each case to the limitations 12 stated, the following persons, though not holding a license to practice chiro- 13 practic in this state, may engage in activities included in the practice of 14 chiropractic: 15 (a) A person licensed by this state pursuant to chapter 18, title 54, 16 Idaho Code; 17 (b) A chiropractic assistant as shall be defined and regulated by the 18 board, administering a procedure set forth in section 54-704, Idaho Code, 19 but not including the adjustment or manipulation of articulations of the 20 body, as specifically directed by a chiropractic physician as long as such 21 directions are within the scope of chiropractic practice; 22 (c) A person rendering aid in an emergency, for which no fee for the ser- 23 vices is contemplated, charged or received; 24 (d) A person residing in another state or country and authorized to prac- 25 tice chiropractic there, who is called in consultation by a person 26 licensed in this state to practice chiropractic, or who for the purpose of 27 furthering chiropractic education is invited into this state to conduct a 28 lecture, clinic, or demonstration, while engaged in activities in connec- 29 tion with the consultation, lecture, clinic, or demonstration, so long as 30 he does not open an office or appoint a place to meet patients or receive 31 calls in this state; 32 (e) A person authorized to practice chiropractic in another state or 33 country rendering chiropractic care in a time of disaster or while caring 34 for an ill or injured person while at the scene of an emergency and while 35 continuing to care for such person; 36 (f) Nothing in this chapter shall be construed as preventing or restrict- 37 ing the practice, services or activities or requiring licensure pursuant 38 to the provisions of this chapter, of any person licensed or registered in 39 this state by any other law, from engaging in any health care profession 40 or occupation for which such person is licensed or registered.; 41 (g) Any person exempted under the provisions of section 54-1804, Idaho 42 Code.; 43 (h) Any person who practices massage therapy as defined in section 2 1 54-704(1)(c), Idaho Code; 2 (i) A chiropractic intern, as defined and regulated by the board, who is 3 registered with the board to practice chiropractic under the direct super- 4 vision of a licensed chiropractic physician pursuant to a preceptor pro- 5 gram adopted and developed by the rules of the board. 6 (2) Except as provided in subsection (1) of this section, it is unlawful 7 for any person to practice chiropractic in this state without a license and, 8 upon conviction thereof, shall be fined not less than one thousand dollars 9 ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not 10 less than six (6) months nor more than one (1) year, or by both such fine and 11 imprisonment. 12 (3) It is unlawful for any person to assume or use the title or designa- 13 tion "chiropractor," "chiropractic physician," "doctor of chiropractic," the 14 initials "D.C.," or any word or title or abbreviation thereof calculated to 15 induce the belief that he is engaged in the practice of chiropractic or to 16 indicate to the public that such person is licensed to practice chiropractic 17 pursuant to this act unless such person is so licensed, and upon conviction 18 thereof, such person shall be fined not less than five hundred dollars ($500) 19 nor more than three thousand dollars ($3,000), or imprisoned for not less than 20 six (6) months nor more than one (1) year, or by both such fine and imprison- 21 ment. 22 (4) When a person has been a recipient of services constituting the 23 unlawful practice of chiropractic, whether or not he knew the rendition of the 24 services was unlawful, proof of the rendition of unlawful services to the 25 recipient, in an action against the provider of such services for damages 26 allegedly caused by the services, constitutes prima facie evidence of negli- 27 gence, shifting the burden of proof to such provider of unlawful services. The 28 following damages in addition to any other remedies provided by law may be 29 recovered in such an action: 30 (a) Amount of any fees paid for the unlawful services; and 31 (b) Reasonable attorney's fees and court costs. 32 (5) The board shall refer all violations made known to it to an appropri- 33 ate prosecuting attorney. The board shall render assistance to a prosecuting 34 attorney in the prosecution of a case pursuant to this section. 35 SECTION 2. That Section 54-711, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-711. TEMPORARY PRACTICE, REGISTRATION AND PERMIT. (1) Any person who 38 has submitted an application to the board for licensure by examination to 39 practice chiropractic in the state of Idaho, maybe permittedregister with 40 the board and be granted a permit to practice chiropractic prior to examina- 41 tion and licensure in accordance with board rules upon the following condi- 42 tions: 43 (1a) The applicant mustrequest permission of the board in writing to44engage in such temporary practicesubmit a completed registration applica- 45 tion to the board on forms furnished by the board together with a fee of 46 not more than fifty dollars ($50.00), and must affirmatively show that the 47 applicant will take the next scheduled examination for licensuregiven48 approved by the board, and that the applicant has not failed two (2) pre- 49 vious examinationsconductedfor licensure approved by the board; and 50 (2b) A licensed physician certifies to the board that such applicant will 51 practice chiropractic only under the direct and immediate supervision of 52 such physician and only in the office of such physician. 53 (2) Any person who has completed the required course of study from an 3 1 acceptable school of chiropractic, but has not yet graduated, may register 2 with the board and be granted a permit to serve a chiropractic internship in 3 accordance with board rules and upon the following conditions: 4 (a) The applicant must submit a completed registration application to the 5 board on forms furnished by the board and submit a fee of not more than 6 fifty dollars ($50.00); and 7 (b) A licensed physician certifies to the board that such applicant will 8 practice chiropractic only under the direct and immediate supervision of 9 such physician and only in the office of such physician.
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STATEMENT OF PURPOSE
RS 10497
The purpose of this legislation is to allow an unlicensed
person, who has met the chiropractic educational requirements,
but has not yet graduated, to serve an internship and obtain
practical experience under the supervision of a licensed
chiropractic physician. The current provision concerning
temporary practice is vague and does not allow for the
practice of an intern.
FISCAL IMPACT
There is no fiscal impact to the general fund.
CONTACT
Name: Thomas E. Limbaugh, Bureau of Occupational
Licenses, Board of Chiropractic Physicians
Phone: 334-3233
Statement of Purpose/Fiscal Note H 9a