Print Friendly HOUSE BILL NO. 396 – Chiropractic, license/permit, fees
HOUSE BILL NO. 396
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H0396........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
CHIROPRACTIC - Amends existing law to increase the maximum allowable fee
the Board of Chiropractic Physicians may charge for license renewals,
temporary practice permits and registration; and to provide for a fee for
license applications and licensures by endorsement.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 396
BY MR. SPEAKER
Requested by: Bureau of Occupational Licenses
1 AN ACT
2 RELATING TO THE BOARD OF CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-708,
3 IDAHO CODE, TO INCREASE THE MAXIMUM ALLOWABLE FEE FOR LICENSE RENEWALS;
4 AMENDING SECTION 54-709, IDAHO CODE, TO PROVIDE FOR A FEE FOR LICENSE
5 APPLICATIONS; AMENDING SECTION 54-710, IDAHO CODE, TO PROVIDE FOR A FEE
6 FOR LICENSURE BY ENDORSEMENT; AND AMENDING SECTION 54-711, IDAHO CODE, TO
7 INCREASE THE MAXIMUM ALLOWABLE FEE FOR TEMPORARY PRACTICE PERMITS AND REG-
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 54-708, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-708. BOARD TO ISSUE LICENSES. (1) The board shall issue licenses to
13 practice chiropractic to persons who have qualified therefor in accordance
14 with the provisions of this chapter. The board may refuse licensure if it
15 finds that the applicant has engaged in conduct prohibited by sections 54-704
16 and 54-712, Idaho Code, provided, that the board shall take into consideration
17 the rehabilitation of the applicant and other mitigating circumstances. Such
18 licenses shall be issued after payment of the licensing fee in an amount to be
19 fixed by the board, and such licenses shall be issued for a period of one (1)
20 year. Licenses to practice chiropractic shall be renewed on their expiration
21 upon completion of a renewal application and upon payment of a renewal fee,
22 the amount of which shall be fixed by the board, which fee shall not exceed
23 one hundred fifty dollars ($1 050).
24 (2) The board may renew, on an inactive basis, the license of a physician
25 who is not practicing chiropractic in this state. The board shall fix and col-
26 lect an inactive license fee for such an inactive license renewal in an amount
27 not to exceed one hundred fifty dollars ($1 050) and each inactive license
28 shall be issued for a period of one (1) year. A physician holding an inactive
29 license may not engage in the practice of chiropractic in this state. If a
30 physician wishes to convert his inactive license to an active license, he must
31 account to the board for that period of time in which he held an inactive
32 license. All fees authorized by subsections (1) and (2) of this section shall
33 be paid to the bureau of occupational licenses.
34 (3) Whenever the board determines that an applicant for a license to
35 practice chiropractic is not qualified for such a license pursuant to the pro-
36 visions of this chapter, the board shall notify the applicant by certified
37 mail of its denial of licensure and the reasons for denial.
38 SECTION 2. That Section 54-709, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 54-709. LICENSURE BY WRITTEN EXAMINATION. (1) Any person seeking to be
41 licensed to practice chiropractic in this state must successfully complete the
1 following requirements before a license will be issued:
2 (a) Each applicant must submit a completed written application and a fee
3 not to exceed one hundred fifty dollars ($150) to the board on forms fur-
4 nished by the board, which shall require proof of graduation from an
5 acceptable school of chiropractic;
6 (b) Each applicant must pass an examination conducted by or acceptable to
7 the board which shall thoroughly test the applicant's fitness to practice
8 chiropractic. Such examinations must include, but shall not be limited
9 to, the following subjects: anatomy and histology; clinical blood chemis-
10 try and hematology; pathology; bacteriology; clinical nutrition; hygiene
11 and sanitation; physiology; symptomatology; urinalysis; chiropractic
12 jurisprudence; chiropractic orthopedics; physiotherapy; chiropractic prin-
13 ciples, clinical and physical diagnosis; chiropractic adjustment; neurol-
14 ogy, and palpation.
15 (2) If an applicant fails to pass an examination on two (2) separate
16 occasions, he shall not be eligible to take the examination again for at least
17 one (1) year, and before taking the examination again, he must make a showing
18 to the board that he has successfully engaged in a course of study for the
19 purpose of improving his ability to engage in the practice of chiropractic.
20 Applicants who fail two (2) separate examinations in another state, territory
21 or district of the United States or Canada, must make a showing to the board
22 of successful completion of a course of study prior to examination for licen-
24 (3) Applicants may be personally interviewed by the board or a designated
25 committee of the board. The interviews may be conducted to specifically review
26 the applicant's qualifications and professional credentials. The applicant
27 shall be further examined by the board to determine that the applicant pos-
28 sesses the arts and skills of chiropractic adjusting.
29 SECTION 3. That Section 54-710, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-710. LICENSURE BY ENDORSEMENT. Any person seeking to be licensed to
32 practice chiropractic in this state who is licensed to practice chiropractic
33 in another state must successfully complete the following requirements before
34 a license to practice chiropractic will be issued.
35 (1) Each applicant must submit a completed written application and a fee
36 not to exceed one hundred fifty dollars ($150) to the board on forms furnished
37 by the board which require proof of graduation from an acceptable school of
38 chiropractic and which contains proof that the applicant has for five (5) con-
39 secutive years immediately prior to application, practiced chiropractic and
40 holds a valid, unrevoked, unsuspended license to practice chiropractic in a
41 state, territory or district of the United States or Canada, and a national
42 board of chiropractic examiner's certificate.
43 (2) Each applicant must demonstrate that he possesses the requisite qual-
44 ifications to provide the same standard of chiropractic care as provided by
45 physicians in this state. The board may require further examination to estab-
46 lish such qualifications.
47 SECTION 4. That Section 54-711, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-711. TEMPORARY PRACTICE, REGISTRATION AND PERMIT. (1) Any person who
50 has submitted an application to the board for licensure by examination to
51 practice chiropractic in the state of Idaho, may register with the board and
1 be granted a permit to practice chiropractic prior to examination and licen-
2 sure in accordance with board rules upon the following conditions:
3 (a) The applicant must submit a completed registration application to the
4 board on forms furnished by the board together with a fee of not more than
5 one hundred fifty dollars ($150 .00), and must affirmatively show that the
6 applicant will take the next scheduled examination for licensure approved
7 by the board, and that the applicant has not failed two (2) previous exam-
8 inations for licensure approved by the board; and
9 (b) A licensed physician certifies to the board that such applicant will
10 practice chiropractic only under the direct and immediate supervision of
11 such physician and only in the office of such physician.
12 (2) Any person who has completed the required course of study from an
13 acceptable school of chiropractic, but has not yet graduated, may register
14 with the board and be granted a permit to serve a chiropractic internship in
15 accordance with board rules and upon the following conditions:
16 (a) The applicant must submit a completed registration application to the
17 board on forms furnished by the board and submit a fee of not more than
18 one hundred fifty dollars ($150 .00); and
19 (b) A licensed physician certifies to the board that such applicant will
20 practice chiropractic only under the direct and immediate supervision of
21 such physician and only in the office of such physician.
STATEMENT OF PURPOSE
Amend Sections 54-708, 50-710, and 54-711, Idaho Code, to increase
to $150 the maximum allowable fee for chiropractic licensure,
endorsement, temporary practice, and renewal. Amend Section 54- 709,
Idaho Code, to provide for an application fee with a cap of $150.
The fees currently charged by the board are now at the cap provided by
statue. These cap increases will provide a higher cap and room for
the board to increase fees by rule, should an increase be necessary.
The board is currently operating with a positive cash balance and no
increase in fees is anticipated in the immediate future. The
application fee would allow the board to recover some of the cost of
processing applications for those who fail to receive a license.
The actual application fee would be set by board rule.
There is no fiscal impact on general funds. The increase in the cap
is an attempt to enable the Board the option of increasing fees by
rule when the need arises. Raising the cap now provides the Board
with shorter reaction time should an increase in fees become necessary,
providing them the latitude to propose fee increase rules only when
necessary and alleviate operating with a negative cash balance. The
Board currently maintains a cash balance equal to one (1) years
Contact: Budd Hetrick, Jr.
Agency: Occupational License, Bureau
STATEMENT OF PURPOSE/FISCAL NOTE H 396