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H0013aa......................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
HEARING AID DEALERS AND FITTERS - Amends existing law to provide for an
honorarium for members of the board.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
01/25 Rpt out - to Gen Ord
02/14 Rpt out amen - to engros
02/15 Rpt engros - 1st rdg - to 2nd rdg as amen
02/16 2nd rdg - to 3rd rdg as amen
02/19 3rd rdg as amen - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Swan, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Mader, Ridinger, Sali, Stone
Floor Sponsor -- Swan
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Health/Wel
02/28 Rpt out - rec d/p - to 2nd rdg as amen
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 -- Lodge
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 82
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 13 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE BOARD OF HEARING AID DEALERS AND FITTERS; AMENDING SECTION 3 54-2914, IDAHO CODE, TO BROADEN DISCIPLINARY AUTHORITY AND TO MAKE A TECH- 4 NICAL CORRECTION; AND AMENDING SECTION 54-2915, IDAHO CODE, TO PROVIDE 5 THAT MEMBERS WILL BE PAID AN HONORARIUM AND TO MAKE A TECHNICAL CORREC- 6 TION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-2914, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-2914. POWERS AND DUTIES OF BOARD. The powers and duties of the board 11 are as follows: 12 (a) To authorize all disbursements necessary to carry out the provisions 13 of this act. 14 (b) To register persons who apply to the board and who are qualified 15 under this chapter to engage in the fitting and sale of hearing aids. 16 (c) To make available audiometric equipment and other facilities neces- 17 sary to carry out the examination of applicants as provided in section 18 54-2907, Idaho Code. 19 (d) To issue and renew licenses. 20 (e) To suspend or revoke licenses in the manner provided, or place a per- 21 son holding a license under this chapter on probation, or impose other disci- 22 pline. 23 (f) To require as a condition of receiving or retaining a license issued 24 under this chapter that restitution be paid to a consumer who has a judgment 25 against a hearing aid dealer and fitter when the judgment relates to a hearing 26 aid transaction. 27 (g) To require the inspection of testing equipment and facilities of per- 28 sons engaging in the practice of fitting of and dealing in hearing aids as 29 deemed necessary by the board. 30 (h) To authorize, by written agreement, the bureau of occupational 31 licenses as agent to act in its interest. 32 (i) To impose upon a hearing aid dealer and fitter reasonable costs, 33 investigative expenses and attorney's fees incurred in enforcing the provi- 34 sions of this chapter in cases where the board revokes or suspends the hearing 35 aid dealer's and fitter's license or places the hearing aid dealer and fitter 36 on probation. 37 (j) To enforce all provisions of this chapter and board rules including, 38 but not limited to, obtaining restraining orders and injunctions prohibiting 39 conduct in violation of the provisions of this chapter. 40 (k) To require a hearing aid dealer and fitter who has violated any pro- 41 vision of this chapter or board rule to post a bond pursuant to rules promul- 42 gated by the board as a condition of retaining his license. 43 (l) To supervise issuance of licenses as provided in section 54-2905, 2 1 Idaho Code, and prepare and administer qualifying examinations to test the 2 knowledge and proficiency of applicants licensed by examination. 3 (m) To make and publish rulesand regulationsnot inconsistent with the 4 laws of this state which are necessary to carry out the provisions of this 5 chapter. 6 (n) To appoint or employ subordinate employees. 7 SECTION 2. That Section 54-2915, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-2915. BOARD OF HEARING AID DEALERS AND FITTERS. (a) There shall be 10 established in the department of self-governing agencies a board of hearing 11 aid dealers and fitters which shall exercise such functions as may be required 12 under the act. 13 (b) Members of the board shall be residents of the state. The board shall 14 consist of two (2) hearing aid dealers and fitters, one (1) otolaryngologist 15 or otologist, one (1) audiologist holding the certificate of clinical compe- 16 tence, and one (1) consumer of hearing aids or advocate for consumers of hear- 17 ing aids, who cannot be formerly or currently licensed as a hearing aid dealer 18 and fitter. Each hearing aid dealer and fitter on the board shall have held a 19 license under this chapter for at least two (2) years and hold a valid current 20 license as a hearing aid dealer and fitter, as provided under this chapter. 21 (c) Within thirty (30) days after July 1, 1992, the governor shall select 22 one (1) person who is a consumer or who represents consumers of hearing aids 23 from a list of persons recommended by any senior citizen group, advocacy group 24 for the handicapped, or social service agency. The consumer will be appointed 25 to and replace the first hearing aid dealer and fitter vacancy on the board. 26 The members of the board shall be appointed to serve the following terms: 27one (1) member who is a hearing aid dealer and fitterone (1) member who is a 28 hearing aid dealer and fitter shall serve for a term ending July 30, 1973; one 29 (1) member who is a hearing aid dealer and fitter shall serve for a term end- 30 ing July 30, 1974; one (1) member who is an otolaryngologist or otologist 31 shall serve for a term ending July 30, 1973; one (1) member who is an audiolo- 32 gist shall serve for a term ending July 30, 1974, and one (1) member who is a 33 consumer of hearing aids shall serve for a term ending July 30, 1995. Upon the 34 expiration of the term of any member, the governor shall appoint a successor 35 for a term of three (3) years. A vacancy in the office of a member shall be 36 filled by appointment for the unexpired term. 37 The members of the board shall annually designate one (1) member to serve 38 as chairman, another to serve as vice chairman and another to serve as secre- 39 tary. No member of the board who has served two (2) consecutive terms may be 40 reappointed to the board for at least three (3) years following the expiration 41 of his term of office. 42 (d) Members of the board shall be compensated as provided by section 43 59-509(hn), Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Swan
Seconded by Montgomery
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 13
1 AMENDMENTS TO THE BILL
2 On page 1 of the printed bill, delete lines 8 through 43; on page 2,
3 delete lines 1 through 6; and in line 7, delete "SECTION 2" and insert:
4 "SECTION 1".
5 CORRECTION TO TITLE
6 On page 1, delete line 3; and in line 4, delete "NICAL CORRECTION; AND
7 AMENDING SECTION".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 13, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE BOARD OF HEARING AID DEALERS AND FITTERS; AMENDING SECTION 3 54-2915, IDAHO CODE, TO PROVIDE THAT MEMBERS WILL BE PAID AN HONORARIUM 4 AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 54-2915, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-2915. BOARD OF HEARING AID DEALERS AND FITTERS. (a) There shall be 9 established in the department of self-governing agencies a board of hearing 10 aid dealers and fitters which shall exercise such functions as may be required 11 under the act. 12 (b) Members of the board shall be residents of the state. The board shall 13 consist of two (2) hearing aid dealers and fitters, one (1) otolaryngologist 14 or otologist, one (1) audiologist holding the certificate of clinical compe- 15 tence, and one (1) consumer of hearing aids or advocate for consumers of hear- 16 ing aids, who cannot be formerly or currently licensed as a hearing aid dealer 17 and fitter. Each hearing aid dealer and fitter on the board shall have held a 18 license under this chapter for at least two (2) years and hold a valid current 19 license as a hearing aid dealer and fitter, as provided under this chapter. 20 (c) Within thirty (30) days after July 1, 1992, the governor shall select 21 one (1) person who is a consumer or who represents consumers of hearing aids 22 from a list of persons recommended by any senior citizen group, advocacy group 23 for the handicapped, or social service agency. The consumer will be appointed 24 to and replace the first hearing aid dealer and fitter vacancy on the board. 25 The members of the board shall be appointed to serve the following terms: 26one (1) member who is a hearing aid dealer and fitterone (1) member who is a 27 hearing aid dealer and fitter shall serve for a term ending July 30, 1973; one 28 (1) member who is a hearing aid dealer and fitter shall serve for a term end- 29 ing July 30, 1974; one (1) member who is an otolaryngologist or otologist 30 shall serve for a term ending July 30, 1973; one (1) member who is an audiolo- 31 gist shall serve for a term ending July 30, 1974, and one (1) member who is a 32 consumer of hearing aids shall serve for a term ending July 30, 1995. Upon the 33 expiration of the term of any member, the governor shall appoint a successor 34 for a term of three (3) years. A vacancy in the office of a member shall be 35 filled by appointment for the unexpired term. 36 The members of the board shall annually designate one (1) member to serve 37 as chairman, another to serve as vice chairman and another to serve as secre- 38 tary. No member of the board who has served two (2) consecutive terms may be 39 reappointed to the board for at least three (3) years following the expiration 40 of his term of office. 41 (d) Members of the board shall be compensated as provided by section 42 59-509(hn), Idaho Code.
STATEMENT OF PURPOSE
RS 10489
The purpose of this legislation is to allow the board
the discretion to apply discipline other than the
suspension or revocation of a license. This action is
taken at the Deputy AG's suggestion which will allow
the board to enter into consent agreements with licensees
to assess fines and recover costs rather than being forced
to go through the hearing process (which is more costly to
both the board and the licensee; typically $5 - $50 thousand).
The compensation change will allow the board members to
maintain their own individual retirement accounts without
incurring tax penalties or other financial difficulties due
to participation in PERSI.
FISCAL IMPACT
There is no fiscal impact to the general fund or dedicated funds.
CONTACT
Name: Thomas E. Limbaugh,
Bureau of Occupational Licenses,
Board of Hearing Aid Dealers and Fitters
Phone: 334-3233
Statement of Purpose/Fiscal Note H13a