View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0393........................................................by MR. SPEAKER
Requested by: Board of Nursing
NURSING - Amends and adds to existing law to increase the maximum fee that
may be imposed for licenses for practical nursing, professional nursing and
advanced practice professional nursing; to provide for nurse emeritus
licenses; to increase the maximum fee for license renewal; to provide for
lapsed licenses and for reinstatement of licenses; and to revise the
provisions and grounds for disciplinary action.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 49-12-9
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Clark, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kunz, Loertscher,
Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pomeroy,
Raybould, Roberts, Robison, Sellman, Shepherd, Smith(33), Stone,
Tilman, Trail, Young, Mr. Speaker
NAYS -- Barrett, Campbell, Crow, Hadley, McKague, Pearce, Ridinger,
Sali, Schaefer, Smylie, Wheeler, Wood
Absent and excused -- Gould, Hammond, Kellogg, Kendell, Lake,
Langford, Pischner, Smith(23), Stevenson
Floor Sponsor - Martinez
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 27-3-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge,
Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Wheeler, Williams
NAYS -- Hawkins, Keough, Thorne
Absent and excused -- Frasure, Ingram, King-Barrutia, Richardson,
Stennett
Floor Sponsor - Lodge
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 80
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 393 BY MR. SPEAKER Requested by: Board of Nursing 1 AN ACT 2 RELATING TO NURSES; AMENDING SECTION 54-1407, IDAHO CODE, TO INCREASE THE MAX- 3 IMUM FEES THAT MAY BE IMPOSED FOR LICENSES FOR PRACTICAL NURSING; AMENDING 4 SECTION 54-1408, IDAHO CODE, TO INCREASE THE MAXIMUM FEES THAT MAY BE 5 IMPOSED FOR LICENSES FOR PROFESSIONAL NURSING; AMENDING SECTION 54-1409, 6 IDAHO CODE, TO INCREASE THE MAXIMUM FEES THAT MAY BE IMPOSED FOR LICENSES 7 FOR ADVANCED PRACTICE PROFESSIONAL NURSING; AMENDING SECTION 54-1410, 8 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION; 9 AMENDING CHAPTER 14, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 10 TION 54-1410, IDAHO CODE, TO PROVIDE FOR NURSE EMERITUS LICENSES; AMENDING 11 SECTION 54-1411, IDAHO CODE, TO INCREASE THE MAXIMUM FEES FOR LICENSE 12 RENEWAL, TO PROVIDE FOR LAPSED LICENSES, TO PROVIDE FOR THE REINSTATEMENT 13 OF LICENSES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1413, 14 IDAHO CODE, TO REVISE THE PROVISIONS AND GROUNDS FOR DISCIPLINARY ACTION, 15 TO PROVIDE FOR SEPARATE OFFENSES AND TO MAKE A TECHNICAL CORRECTION; AND 16 AMENDING SECTION 54-1414, IDAHO CODE, TO PROHIBIT ABETTING VIOLATIONS OF 17 THE CHAPTER AND TO MAKE TECHNICAL CORRECTIONS. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 54-1407, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-1407. LICENSE FOR PRACTICAL NURSING. (1) Qualifications. To qualify 22 for a license to practice practical nursing a person must: 23 (a) Have successfully completed the basic curriculum of an approved 24 eleven (11) month practical nursing education program or its equivalent; 25 and 26 (b) Pass an examination adopted and used by the board to measure knowl- 27 edge and judgment essential for safe practice of practical nursing or have 28 a practical nursing license in good standing, without restriction or limi- 29 tation, issued upon successful similar examination, approved by the board, 30 conducted in another state, territory or foreign country; and 31 (c) Be of sufficiently sound physical and mental health as will not 32 impair or interfere with the ability to practice nursing. 33 (2) Fees. A qualified applicant shall be entitled to a license to prac- 34 tice practical nursing upon payment of a license fee to the board in an amount 35 designated by the board notless than forty dollars ($40.00) nor more than36eighty-fiveto exceed one hundred fifty dollars ($85.0150). 37 SECTION 2. That Section 54-1408, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-1408. LICENSE FOR PROFESSIONAL NURSING. (1) Qualifications. To qualify 40 for a license to practice professional nursing, a person must: 41 (a) Have successfully completed the basic curriculum of an approved pro- 2 1 fessional nursing education program; and 2 (b) Pass an examination adopted and used by the board to measure knowl- 3 edge and judgment essential for safe practice of professional nursing or 4 have a professional or registered nurse license in good standing, without 5 restriction or limitation, issued upon successful similar examination, 6 approved by the board, conducted in another state, territory or foreign 7 country; and 8 (c) Be of sufficiently sound physical and mental health as will not 9 impair or interfere with the ability to practice nursing. 10 (2) Fees. A qualified applicant shall be entitled to a license to prac- 11 tice professional nursing upon payment of a license fee to the board in an 12 amount designated by the board notless than forty-five dollars ($45.00) nor13more than ninetyto exceed two hundred dollars ($90.200). 14 SECTION 3. That Section 54-1409, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-1409. LICENSE FOR ADVANCED PRACTICE PROFESSIONAL NURSING. (1) Qualifi- 17 cations. To qualify for a license to practice advanced practice professional 18 nursing, a person must: 19 (a) Be currently licensed as a professional nurse in Idaho; and 20 (b) Have successfully completed an approved advanced practice profes- 21 sional nursing education program that meets the board requirements for the 22 category of advanced nursing practice for which the applicant is seeking 23 licensure; and 24 (c) Have passed a qualifying examination recognized by the board and have 25 current initial certification or current recertification from a national 26 group recognized by the board; and 27 (d) Be of sufficiently sound physical and mental health as will not 28 impair or interfere with the ability to practice nursing. 29 (2) Fees. A qualified applicant shall be entitled to a license to prac- 30 tice advanced practice professional nursing upon payment of a license fee to 31 the board in an amount designated by the board notless than forty-five dol-32lars ($45.00) nor more than ninetyto exceed two hundred fifty dollars 33 ($90.0250). 34 SECTION 4. That Section 54-1410, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-1410A. TEMPORARY LICENSE. (1) The board may issue temporary licenses 37 to: 38 (a) Graduates of approved nursing education programs seeking to qualify 39 for licensure by thisactchapter; or 40 (b) Persons who have not actively engaged in the practice of nursing in 41 any state for more than three (3) years immediately prior to application 42 for licensure. 43 (2) Temporary licenses shall be issued upon such terms and conditions as 44 the board may determine necessary to insure safe and qualified performance of 45 nursing functions. The board shall define the nature, the scope and period of 46 practice permissible under the temporary license. 47 SECTION 5. That Chapter 14, Title 54, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 49 ignated as Section 54-1410, Idaho Code, and to read as follows: 3 1 54-1410. NURSE EMERITUS LICENSE. (1) Any licensee in good standing, who 2 desires to retire for any length of time from the practice of nursing in this 3 state, shall submit a request in writing, surrender the current license, and 4 pay the required fee; thereafter the current license shall be placed on inac- 5 tive status and an emeritus status license issued. 6 (2) An emeritus status license shall be renewed biennially following sub- 7 mission of a renewal application and fee. 8 (3) Fees are nonrefundable and cannot be prorated. 9 (4) An emeritus status license does not entitle the holder to practice 10 nursing in the state of Idaho, except that: 11 (a) A registered nurse with an emeritus status license may use the title 12 "registered nurse," or the abbreviation "RN"; and 13 (b) A practical nurse with an emeritus status license may use the title 14 "licensed practical nurse," or the abbreviation "LPN"; and 15 (c) An advanced practice professional nurse with an emeritus status 16 license may use an appropriate title or designation as set forth in sec- 17 tion 54-1402(1), Idaho Code. 18 (5) The board may reinstate a license with emeritus status to a license 19 with active status upon payment of the required reinstatement fee, submission 20 of a satisfactory reinstatement application and proof of current competency to 21 practice. 22 (6) If the emeritus status license is allowed to lapse, the licensee 23 shall not hold himself out by the designation "RN" or "LPN," or by any other 24 title or designation. 25 (7) When disciplinary proceedings have been initiated against a licensee 26 with emeritus status, the license shall not be reinstated until the proceed- 27 ings have been completed. 28 SECTION 6. That Section 54-1411, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-1411. RENEWAL AND REINSTATEMENT OF LICENSE. (1) Renewal. Each license 31 issued pursuant to thisactchapter shall be valid from the date of its issue 32 until the first renewal date thereafter. 33 (a) No license shall be valid unless renewed each and every two (2) 34 years on the renewal dates fixed by the board. 35 (b) The board may impose a renewal fee in an amount notless than twenty-36five dollars ($25.00) nor more than fiftyto exceed one hundred dollars 37 ($50.100). 38 (c) A license that is not timely renewed is a lapsed license. 39 (2) Reinstatement. A person whose license has lapsed, or who holds an 40 emeritus status license in good standing, or whose license has been revoked, 41 suspended, limited, conditioned or otherwise sanctioned by the board, may 42 apply for reinstatement of the license to active and unrestricted status. A 43 licensee's ability to apply for reinstatement may be subject to time con- 44 straints imposed by board rule or by the terms of a disciplinary order. An 45 applicant for reinstatement must: 46 (a) Pay a reinstatement fee in an amount not to exceed one hundred dol- 47 lars ($100). 48 (b) Submit a completed reinstatement application and provide proof, sat- 49 isfactory to the board, of the applicant's competency to practice. 50 (c) Document compliance with the terms and conditions set forth in any 51 order of the board as a condition of reinstatement. 52 SECTION 7. That Section 54-1413, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 54-1413. DISCIPLINARY ACTION. (1) Grounds for discipline. The board shall 3 have the power todeny any application for or renewal ofrefuse to issue, 4 renew or reinstate a license, toissued pursuant to this chapter, and may 5 revoke, suspend,or amend anyplace on probation, reprimand, limit, restrict, 6 condition or take other disciplinary action against the licenseeissued pursu-7ant to this act and to limit or restrict the practice of anyas it deems 8 proper, including assessment of the costs of investigation and discipline 9 against the licensee, upon a determination by the board that thepersonlicen- 10 see engaged in conduct constituting any one (1) of the following grounds: 11 (a) Made, or caused to be made, a false, fraudulent or forged statement 12 or representation in procuring or attempting to procure a license to prac- 13 tice nursing; or 14 (b) Practiced nursing under a false or assumed name; or 15 (c) Is convicted of a felony or of any offense involving moral turpitude; 16 or 17 (d) Is or has been grossly negligent or reckless in performing nursing 18 functions; or 19 (e) Habitually uses alcoholic beverages or narcotic, hypnotic or halluci- 20 nogenic drugs; or 21 (f) Is physically or mentally unfit to practice nursing; or 22 (g) Violates the provisions of thisactchapter or rules and standards of 23 conduct and practice as may be adopted by the board; or 24 (h) Otherwise engages in conduct of a character likely to deceive, 25 defraud or endanger patients or the public, which includes, but is not 26 limited to, failing or refusing to report criminal conduct or other con- 27 duct by a licensee that endangers patients; or 28 (i) Has had a license to practice nursing suspended or revoked in any 29 jurisdiction. A certified copy of the order of suspension or revocation 30 shall be prima facie evidence of such suspension or revocation. 31 (2) Separate offense. Each day an individual violates any of the provi- 32 sions of this chapter or rules and standards of conduct and practice as may be 33 adopted by the board shall constitute a separate offense. 34 (3)(a)Proceedings. 35 (a) The executive director shall conduct such investigations and initiate 36 such proceedings as necessary to insure compliance with this section. The 37 board may accept the voluntary surrender of a license from any nurse under 38 investigation and accordingly enter an order revoking or suspending such 39 license and/or imposing such conditions, limitations, or restrictions on 40 the practice of any such nurse as may be appropriate in the discretion of 41 the board. Otherwise, every person subject to disciplinary proceedings 42 shall be afforded an opportunity for hearing after reasonable notice. All 43 proceedings hereunder shall be in accordance with chapter 52, title 67, 44 Idaho Code. 45 (b) Hearings shall be conducted by the board or by persons appointed by 46 the board to conduct hearings and receive evidence. The board and any per- 47 son duly appointed by the board to conduct hearings shall have all powers 48 as are necessary and incident to orderly and effective receipt of evidence 49 including, but not limited to, the power to administer oaths, and to com- 50 pel by subpoena attendance of witnesses and production of books, records 51 and things at the hearing or at a deposition taken by a party in accor- 52 dance with the Idaho rules of civil procedure. Any party shall be entitled 53 to the use of subpoena upon application therefor. 54 (c) In the event any person fails to comply with a subpoena personally 5 1 served upon him or refuses to testify to any matter regarding which he may 2 be lawfully interrogated, the board shall petition the district court in 3 the county where such failure or refusal occurred or where such person 4 resides, to enforce such subpoena or compel such testimony. Proceedings 5 before the district court shall be for contempt in the same nature as con- 6 tempt of court for failure or refusal to comply with an order of the court 7 and the court shall have the same powers to secure compliance with sub- 8 poena and testimony or to impose penalties as in contempt of court pro- 9 ceedings. 10 (34) Probation/Subsequent review. Any order of the board entered under 11 this section may be withheld or suspended for a probationary period to be 12 fixed by the board upon such terms and conditions as may be appropriate in 13 order to regulate, monitor and/or supervise the practice of nursing by the 14 licensee subject to such order for the prescribed probationary period. Any 15 order of the board entered under this section may be withdrawn, reversed, mod- 16 ified or amended upon a showing by the person subject to the order that the 17 grounds for discipline no longer exist or that he is rehabilitated, qualified 18 and competent to practice nursing and that he is not likely to violate this 19actchapter or rules adopted hereunder in the future. The board may, as a 20 condition to withdrawal, reversal, modification or amendment of the order, 21 require the person to pay all or part of the costs incurred by the board in 22 proceedings upon which the order was entered. 23 (45) Reporting investigative information. Nothing in section 9-340C(8) 24 and (9), Idaho Code, shall be construed as limiting the authority of the board 25 to report current significant investigative information to the coordinated 26 licensure information system for transmission to states that are parties to 27 any multistate agreements or compacts regarding nurse licensure. 28 SECTION 8. That Section 54-1414, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-1414. UNLAWFUL CONDUCT -- PENALTIES. (1) It shall be unlawful for any 31 person, corporation, association or other legal entity to: 32 (a) Practice nursing in this state without a current license unless 33 exempted from licensure by thisactchapter; or 34 (b) Falsify or forge any application for licensure, license, renewal of 35 license or certification required by thisactchapter; or 36 (c) Falsely represent by use of any designation, title, or statement, 37 that he is licensed pursuant to thisactchapter; or 38 (d) Falsely represent, by use of any designation, title or statement, 39 that a school or course is approved pursuant to thisactchapter; or 40 (e) Employ unlicensed persons to practice nursing in this state unless 41 the person is exempt from licensure by thisactchapter; or 42 (f) Aid, abet, assist or encourage any personto violatein violating 43 thisactchapter. 44 (2) Any person violating the provisions of this section shall be guilty 45 of a misdemeanor and shall be punishable by fine not to exceed three hundred 46 dollars ($300) or by imprisonment not to exceed six (6) months or both such 47 fine and imprisonment.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 11457
The proposed changes add definitions of several terms and include
"formal reprimand" in authority of the Board which will facilitate
enforcement actions and reporting of those actions. Proposed changes
resetting ceiling for fees will allow the Board greater flexibility
in dealing with administration. Proposed changes creating "emeritus"
or retired status category of licensure will provide licensees in
good standing, who desire to retire, to retain their title subject to
limitations. Proposed changes of a fee for application for
reinstatement of licensure following lapse for nonrenewal or
disciplinary action and the ability of the Board to assess costs of
investigation and hearings will allow the Board to recover the costs
of disciplinary actions.
FISCAL IMPACT
There will be an increase in revenue resulting from assessment of a
fee for application for reinstatement following disciplinary
action. The increase will be for the established amount multiplied
by approximately 15, the approximate number of applications received
in a given year. Additional increase in revenue for assessment of
costs of investigation and disciplinary action will add to the
increase in an average amount of $650 per application. There will
be a decrease in revenue for creation of an "emeritus" status
license, since it is presumed the fee for this license will be
less than the fee for a full active license. The decrease will be for
the difference in fees multiplied by less than 500, the current
number of licensees over the age of 70 years.
CONTACT
Name: Sandra Evans, MAEd., R.N., Executive Director
Agency: Idaho Board of Nursing
Phone: (208) 334-3110 ext. 26
REPRINT/REPRINT/REPRINT
Statement of Purpose/Fiscal Impact H0393