2003 Legislation
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HOUSE BILL NO. 12 – Medicine Bd, license, criminal hist

HOUSE BILL NO. 12

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Daily Data Tracking History



H0012...........................................................by MR. SPEAKER
                       Requested by: Board of Medicine
MEDICINE BOARD - Amends existing law to require that applicants for licensure
by written examination or licensure by endorsement to practice medicine and
surgery or osteopathic medicine and surgery shall include fingerprint-based
criminal history checks.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 62-2-6
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal,
      Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Mitchell, Moyle,
      Naccarato, Nielsen, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, McKague
      Absent and excused -- Crow, Edmunson, Miller, Raybould, Ridinger, Wood
    Floor Sponsor - Ring
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Health/Wel
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Sorensen, Stegner, Sweet, Werk, Williams
      NAYS -- Schroeder
      Absent and excused -- Brandt, Davis, Stennett
    Floor Sponsor - Bailey
    Title apvd - to House
03/20    To enrol
03/21    Rpt enrol - Sp signed
03/24    Pres signed
03/25    To Governor
03/27    Governor signed
         Session Law Chapter 126
         Effective: 05/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 12
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Board of Medicine
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSURE BY THE BOARD  OF  MEDICINE;  AMENDING  SECTION  54-1810,
  3        IDAHO  CODE,  TO REQUIRE THAT APPLICANTS FOR LICENSURE BY WRITTEN EXAMINA-
  4        TION TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND  SURGERY
  5        SHALL  INCLUDE FINGERPRINT-BASED CRIMINAL HISTORY CHECKS; AMENDING SECTION
  6        54-1811, IDAHO CODE, TO REQUIRE THAT APPLICANTS FOR LICENSURE BY  ENDORSE-
  7        MENT  TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY
  8        SHALL INCLUDE FINGERPRINT-BASED  CRIMINAL  HISTORY  CHECKS;  DECLARING  AN
  9        EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 54-1810, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        54-1810.  LICENSURE BY WRITTEN  EXAMINATION.  Any  person  seeking  to  be
 14    licensed  to  practice medicine and surgery or osteopathic medicine or osteop-
 15    athic medicine and surgery in this state must successfully complete  the  fol-
 16    lowing requirements before a license will be issued:
 17        (1)  Each  applicant  must  submit  a completed written application to the
 18    board on forms furnished by the board which shall require proof of  graduation
 19    from  a  medical school acceptable to the board and successful completion of a
 20    postgraduate training program acceptable to the board. The  application  shall
 21    require a fingerprint-based criminal history check of the Idaho central crimi-
 22    nal  database  and  the federal bureau of investigation criminal history data-
 23    base. Each applicant must submit a full set of the applicant's fingerprints on
 24    forms supplied by the board which shall be forwarded to the  Idaho  department
 25    of  law  enforcement  and  the  federal bureau of investigation identification
 26    division for this purpose.
 27        (2)  Each applicant must pass an examination conducted by or acceptable to
 28    the board which shall thoroughly test the applicant's fitness to practice med-
 29    icine. If an applicant fails to pass the examination on two (2) separate occa-
 30    sions, he shall not be eligible to take the examination for at least  one  (1)
 31    year,  and  before taking the examination again, he must make a showing to the
 32    board that he has successfully engaged in a course of study for the purpose of
 33    improving his ability to engage in the practice of  medicine.  Applicants  who
 34    fail two (2) separate examinations in another state, territory, or district of
 35    the  United States or Canada, must make the same showing of successful comple-
 36    tion of a course of study prior to examination for licensure.
 37        (3)  The board may require an applicant to be  personally  interviewed  by
 38    the  board  or a designated committee of the board. Such an interview shall be
 39    limited to a review of the applicant's qualifications and professional creden-
 40    tials.
                                                                        
 41        SECTION 2.  That Section 54-1811, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        54-1811.  LICENSURE  BY  ENDORSEMENT. Any person seeking to be licensed to
  2    practice medicine in this state  who  is  licensed  to  practice  medicine  in
  3    another  state  must successfully complete the following requirements before a
  4    license to practice medicine will be issued:
  5        (1)  Each applicant must submit a completed  written  application  to  the
  6    board  on forms furnished by the board which shall require proof of graduation
  7    from a medical school acceptable to the board and successful completion  of  a
  8    postgraduate training program acceptable to the board and which contains proof
  9    that the applicant has any one (1) of the following qualifications:
 10        (a)  The applicant is a diplomate of the national board of medical examin-
 11        ers or the national board of examiners for osteopathic physicians and sur-
 12        geons;
 13        (b)  The  applicant holds a valid, unrevoked, unsuspended license to prac-
 14        tice medicine and surgery, or osteopathic medicine and surgery in a state,
 15        territory or district of the United States or Canada,  and  the  applicant
 16        demonstrates that he possesses the requisite qualifications to provide the
 17        same  standard  of  health care as provided by licensed physicians in this
 18        state. The board may require further examination to establish such  quali-
 19        fications.
 20        (2)  The  application  shall  require a fingerprint-based criminal history
 21    check of the Idaho central criminal database and the federal bureau of  inves-
 22    tigation  criminal  history database. Each applicant must submit a full set of
 23    the applicant's fingerprints on forms supplied by the  board  which  shall  be
 24    forwarded to the Idaho department of law enforcement and the federal bureau of
 25    investigation identification division for this purpose.
 26        (3)  The  board  may  require an applicant to be personally interviewed by
 27    the board or a designated committee of the board. The interview shall be  lim-
 28    ited  to  a  review of the applicant's qualifications and professional creden-
 29    tials.
                                                                        
 30        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval, and retroactively to May 1, 2002.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12323

The Purpose of this legislation is to amend existing law to add
language to comply with the Federal Bureau of Investigation (FBI)
requirement, Pub. L. 92-544, that Idaho's state statute
establishing guidelines for issuance of a license must, in itself,
require fingerprinting and authorize the licensing agency to
exchange fingerprint data with the FBI to allow access to criminal
history record information maintained by the FBI. According to the
Department of Justice, agency rules or regulations do not comply
with this requirement.


                         FISCAL IMPACT

There is no Fiscal Impact to the General Fund.  The Fiscal Impact
to the Board of Medicine's dedicated fund is an ongoing cost of
approximately $9,000 annually for the processing of fingerprints
for an average of 220 physician applicants.


CONTACT
Name:        Mary Leonard
Agency:      Medicine, Board of
Phone:       327-7000

Statement of Purpose/Fiscal Impact