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H0015...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
RESIDENTIAL CARE FACILITY ADMINISTRATORS - Amends existing law relating to
residential care facility administrators to revise terminology; to provide for
the adoption of a code of ethics; to revise qualifications for licensure; to
revise provisions relating to the issuance of licenses and license renewal and
reinstatement; and to revise board disciplinary action.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bauer, Bedke, Bieter, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Andersen, Bell, Ring, Roberts
Floor Sponsor - Mitchell
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Health/Wel
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Sweet, Werk
NAYS -- None
Absent and excused -- Calabretta, Davis, Williams
Floor Sponsor - Sweet
Title apvd - to House
03/25 To enrol
03/26 Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
04/02 Governor signed
Session Law Chapter 201
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 15 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO RESIDENTIAL CARE FACILITY ADMINISTRATORS; AMENDING SECTIONS 3 39-3321 AND 39-3371, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING 4 SECTION 39-3561, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A 5 TECHNICAL CORRECTION; AMENDING SECTION 54-4201, IDAHO CODE, TO REVISE THE 6 SHORT TITLE; AMENDING SECTION 54-4202, IDAHO CODE, TO REVISE DEFINITIONS, 7 TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 8 SECTION 54-4203, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO MAKE GRAM- 9 MATICAL CHANGES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 10 54-4204, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REMOVE LANGUAGE 11 PROVIDING FOR THE APPOINTMENT OF AN EXECUTIVE SECRETARY, CLERK, DEPUTY 12 CLERKS AND BOARD EMPLOYEES; AMENDING SECTION 54-4205, IDAHO CODE, TO 13 REVISE BOARD FUNCTIONS AND DUTIES, TO PROVIDE CORRECT TERMINOLOGY, TO MAKE 14 GRAMMATICAL CHANGES AND TO AUTHORIZE THE BOARD TO ADOPT A CODE OF ETHICS 15 FOR RESIDENTIAL CARE FACILITY ADMINISTRATORS; AMENDING SECTION 54-4206, 16 IDAHO CODE, TO REVISE QUALIFICATIONS FOR EXAMINATION FOR LICENSE AND TO 17 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-4207, IDAHO CODE, TO 18 REMOVE LANGUAGE REFERENCING RESIDENTIAL OR ASSISTED LIVING FACILITY ADMIN- 19 ISTRATORS; AMENDING SECTION 54-4208, IDAHO CODE, TO REVISE PROVISIONS 20 RELATING TO ISSUANCE OF LICENSES AND TO PROVIDE CORRECT TERMINOLOGY; 21 AMENDING SECTION 54-4209, IDAHO CODE, TO REVISE PROVISIONS PROVIDING FOR 22 LICENSURE AND RENEWAL AND REINSTATEMENT OF LICENSES AND TO PROVIDE CORRECT 23 TERMINOLOGY; AMENDING SECTION 54-4210, IDAHO CODE, TO REVISE LICENSE 24 ENDORSEMENT PROVISIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC- 25 TION 54-4211, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE 26 FOR PROVISIONAL PERMITS FOR PERIODS NOT EXCEEDING THREE MONTHS; AMENDING 27 SECTION 54-4212, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC- 28 TION 54-4213, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO REVISE PRO- 29 VISIONS RELATING TO DISCIPLINARY ACTIONS TAKEN BY THE BOARD AND TO PROVIDE 30 CORRECT TERMINOLOGY; AMENDING SECTION 54-4214, IDAHO CODE, TO PROVIDE COR- 31 RECT TERMINOLOGY; AND AMENDING SECTIONS 67-2601 AND 67-2602, IDAHO CODE, 32 TO PROVIDE CORRECT TERMINOLOGY. 33 Be It Enacted by the Legislature of the State of Idaho: 34 SECTION 1. That Section 39-3321, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 39-3321. QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR/OPERATOR. Each 37 licensed residential or assisted living facility must employ at least one (1) 38 full-time administrator licensed by the board responsible for licensing resi- 39 dentialor assisted livingcare facility administrators for the state of Idaho 40 who: 41 (1) Is of good moral and responsible character and has not been con- 42 victed, or is not under the influence or control of anyone convicted, of: 43 (a) A criminal offense related to the delivery of an item or service 2 1 under medicare, medicaid or other state health care program; or 2 (b) A criminal offense related to the neglect or abuse of a patient, in 3 connection with the delivery of a health care item or service; or 4 (c) A criminal offense related to fraud, theft, embezzlement, breach of 5 fiduciary responsibility, or other financial misconduct; or 6 (d) A criminal offense resulting in death or injury to a person. 7 (2) Has sufficient physical, emotional, and mental capacity to carry out 8 the requirements of this chapter. 9 (3) Has sufficient management and administrative ability to carry out the 10 requirements of this chapter. 11 Multiple facilities under one (1) administrator may be allowed by the 12 department based on an approved plan of operation. 13 SECTION 2. That Section 39-3371, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-3371. RULES. The board shall have the power and it shall be its duty 16 to promulgate appropriate rules necessary to implement and enforce the stan- 17 dards for certified family homes pursuant to this act including, but not lim- 18 ited to, the following: 19 (1) A home shall not be certified for more than two (2) adults, however, 20 upon an application by the owner and upon a finding by the department that 21 residents can be cared for safely and appropriately based on the residents' 22 specific needs, the department may authorize not more than four (4) adults to 23 be placed in a certified family home which is owner-occupied and which applies 24 to the department for the authorization. Certification as a four (4) resident 25 certified family home shall not be transferable to another person or entity. 26 Four (4) resident certified family homes shall be subject to all statutes and 27 rules governing certified family homes but shall not be subject to the resi- 28 dentialor assisted livingcare facility administrator licensing requirements 29 of chapter 42, title 54, Idaho Code, section 39-3340, Idaho Code, licensing of 30 residential or assisted living facilities for the mentally ill, developmen- 31 tally disabled and physically disabled, or section 39-3540, Idaho Code, 32 licensing of residential or assisted living facilities for the elderly. This 33 provision implementing four (4) resident certified family homes shall be 34 effective on July 1, 2001. Prior to the effective date, the department shall 35 promulgate rules for four (4) resident certified family homes through the 36 negotiated rulemaking process. Nothing in this subsection shall be construed 37 to authorize increased group size for providers of any form of care other than 38 certified family homes. 39 (2) A care provider may be a couple or a single individual. 40 (3) A home cannot be approved as a certified family home if it also pro- 41 vides room and board for other persons. 42 (4) A home cannot be approved as a certified family home and for child 43 foster care at the same time, unless a waiver of this requirement is granted 44 by the department. 45 (5) The care provider must have sufficient income to maintain the home 46 and the services offered. 47 (6) Information obtained by the care provider shall be held confidential 48 except to representatives of the department to provide services or determine 49 compliance with this chapter or upon consent of the individual or his legal 50 guardian. 51 (7) Recordkeeping and reporting requirements as may be deemed necessary. 52 (8) Requirements to assure the safety and adequate care of residents. 3 1 SECTION 3. That Section 39-3561, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-3561. RULES. The board shall have the power and it shall be its duty 4 to promulgate appropriate rules necessary to implement and enforce the stan- 5 dards for certified family homes pursuant to this act including, but not lim- 6 ited to, the following: 7 (1) A home shall be certified for no more than two (2) adults, however, 8 upon an application by the owner and upon a finding by the department that 9 residents can be cared for safely and appropriately based on the residents' 10 specific needs, the department may authorize not more than four (4) adults to 11 be placed in a certified family home which is owner-occupied and which applies 12 to the department for the authorization. Certification as a four (4) resident 13 certified family home shall not be transferable to another person or entity. 14 Four (4) resident certified family homes shall be subject to all statutes and 15 rules governing certified family homes but shall not be subject to the resi- 16 dentialor assisted livingcare facility administrator licensing requirements 17 of chapter 42, title 54, Idaho Code, section 39-3340, Idaho Code, licensing of 18 residential or assisted living facilities for the mentally ill, developmen- 19 tally disabled and physically disabled, or section 39-3540, Idaho Code, 20 licensing of residential or assisted living facilities for the elderly. This 21 provision implementing four (4) resident certified family homes shall be 22 effective on July 1, 2001. Prior to the effective date, the department shall 23 promulgate rules for four (4) resident certified family homes through the 24 negotiated rulemaking process. Nothing in this subsection shall be construed 25 to authorize increased group size for providers of any form of care other than 26 certified family homes. 27 (2) A care provider may be a couple or a single individual. 28 (3) A home cannot be approved asacertified for family home care if it 29 also provides room and board for other persons. 30 (4) A home cannot be approved as a certified family home and for child 31 foster care at the same time, unless a waiver is granted by the department. 32 (5) The care provider must have sufficient income to maintain the home 33 and the services offered. 34 (6) Information obtained by the care provider shall be held confidential 35 except to representatives of the department to provide services or determine 36 compliance with this chapter or upon consent of the individual or his legal 37 guardian. 38 (7) Recordkeeping and reporting requirements as may be deemed necessary. 39 (8) Requirements to assure the safety and adequate care of residents. 40 (9) Until July 1, 1994, residential care facilities serving four (4) or 41 fewer residents and holding a valid license or with an application for a 42 license pending with the department as of July 1, 1994, shall have the option 43 of being certified as a certified family home. Certification as a certified 44 family home under this subsection shall not be transferable to another person 45 or entity. Certified family home providers certified under this subsection 46 shall not be subject to the licensing requirements of chapter 42, title 54, 47 Idaho Code, section 39-3340, Idaho Code, or section 39-3540, Idaho Code. This 48 provision in and of itself shall not be construed to authorize increased group 49 size for providers of any form of care other than certified family homes. 50 SECTION 4. That Section 54-4201, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 54-4201. SHORT TITLE. This chapter shall be known and may be cited as the 4 1 "Idaho Residentialor Assisted LivingCare Facility Administrators Act." 2 SECTION 5. That Section 54-4202, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 54-4202. DEFINITIONS. As used in this chapter: 5 (1) "Board" means the board of examiners of residentialor assisted liv-6ingcare facility administrators of the state of Idaho. 7 (2) "Examiner" means a member of the board of examiners of residentialor8assisted livingcare facility administrators of the state of Idaho. 9 (3) "Executive secretary" means the secretary of the board of examiners 10 of residentialor assisted livingcare facility administrators of the state of 11 Idaho. 12 (4) "Practice of residentialor assisted livingcare facility administra- 13 tion" means that planning, organizing, directing,and control of the operation 14 of a residentialor assisted livingcare facility. 15 (5) "Provisionallicensepermit" means a temporarylicensepermit issued 16 to a provisional residentialor assisted livingcare facility administrator 17 underand pursuant tothe provisions of this chapter. 18 (6) "Provisional residentialor assisted livingcare facility administra- 19 tor" means an individual who has beenlicensedissued a permit as such under 20and pursuant tothe provisions of this chapter. 21 (7) "Residentialor assisted livingcare facility" means a residential or 22 assisted living facility or residence, however named, operated on either a 23 profit or nonprofit basis for the purpose of providing necessary supervision, 24 personal assistance, meals and lodging to three (3) or more elderly, develop- 25 mentally disabled, physically disabled and/or mentally ill adults not related 26 to the owner. 27 (8) "Residentialor assisted livingcare facility administrator" means 28 any individual responsible for planning, organizing, directing,and control- 29 ling the operation of a residentialor assisted livingcare facility, or who 30 in fact performs such functions, whether or not such functions are shared by 31 one (1) or more other persons, and who is licensed under the provisions of 32 this chapter. 33 SECTION 6. That Section 54-4203, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-4203. FACILITY SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- PRAC- 36 TICE BY UNLICENSED PERSON PROHIBITED -- PROVISIONAL LICENSE. Effective July 1, 37 1991, no residentialor assisted livingcare facility in the state shall be 38 operated unless it is under the supervision ofan administratora person who 39 holds a currently valid residentialor assisted livingcare facility 40 administrator's license,and registration,or provisionallicensepermit, 41 issued pursuant to this chapter. No person shall practice or offer to practice 42 residentialor assisted livingcare facility administration in this state or 43 use any title, sign, card,or device to indicate that he is a residentialor44assisted livingcare facility administrator unless such personshall have been45 is duly licensedand registered as a residential or assisted living facility46administrator or licensed asor holds a current provisionalresidential or47assisted living facility administratorpermit as required by this chapter. 48 SECTION 7. That Section 54-4204, Idaho Code, be, and the same is hereby 49 amended to read as follows: 5 1 54-4204. BOARD OF EXAMINERS OF RESIDENTIALOR ASSISTED LIVINGCARE FACIL- 2 ITY ADMINISTRATORS. (1) There is hereby created in the department of self-gov- 3 erning agencies a board of examiners of residentialor assisted livingcare 4 facility administrators, which board shall consist of five (5) members, and 5 composed of two (2) residentialor assisted livingcare facility administra- 6 tors, duly licensed and registered under this chapter, and three (3) other 7 members as hereinafter described, except that such members of the initial 8 board shall be required only to possess the qualifications and be eligible for 9 licensure as required under this chapter, one (1) member shall be selected 10 from any other profession or agency or institution concerned with the care of 11 persons requiring assistance with the daily activities of living; one (1) 12 licensed nurse from the nursing profession; and one (1) member representative 13 of the public at large; but no more than two (2) of the members of the board 14 shall be officials or full-time employees of state or local governments. All 15 members of the board shall be citizens of the United States or shall have 16 declared their intent to become citizens of the United States and shall be 17 residents of this state. 18 (2) One (1) member of the initial board shall be appointed for a one (1) 19 year term of office, two (2) members of the initial board shall be appointed 20 for a two (2) year term of office, and two (2) members of the initial board 21 shall be appointed for a three (3) year term of office. Thereafter, the term 22 of office for each member of the board shall be three (3) years. 23 (3) (a) Appointments to the board shall be made by the governor after 24 consultation with the executive board of any organized and generally rec- 25 ognized group concerned with residentialor assisted livingcare facility 26 administration. Each member of the board shall hold office until his suc- 27 cessor is duly appointed and qualified. Dismissals shall be by the gover- 28 nor, for reasonable cause. 29 (b) The two (2) residentialor assisted livingcare facility administra- 30 tors must be appointed from a list of three (3) submitted by any organized 31 and generally recognized group concerned with residentialor assisted liv-32ingcare facility administration. 33 (c) Members of the board shall be compensated as provided in section 34 59-509(f), Idaho Code. 35 (4) The board shall elect annually from its membership a chairman and 36 vice chairman. The board shall hold two (2) or more meetings each year. A 37 majority of the board membership shall constitute a quorum. 38 (5) The board shall exercise its powers and perform its duties and func- 39 tions specified by this chapter. 40 (6)The board may appoint an executive secretary. He shall be the execu-41tive officer to the board but shall not be a member of the board. He shall42have such powers and shall perform such duties as are prescribed by law and43the rules of the board. A clerk and sufficient deputy clerks to adequately44assist the board and the executive secretary in the keeping of the records and45in the performance of their duties may be appointed by the board. All employ-46ees of the board shall be appointed, and serve in accordance with the provi-47sions of law.48(7)The board may, by written agreement, authorize the bureau of occupa- 49 tional licenses, or other appropriate body as provided by law, as agent to act 50 in its interest. 51 SECTION 8. That Section 54-4205, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 54-4205. FUNCTIONS AND DUTIES OF THE BOARD -- FEE FOR LICENSE APPLICANTS 6 1 -- RULES. (1) It shall be the functions and duties of such board to: 2 (a) Develop, impose and enforce standards consistent with this chapter 3 which shall be met by individuals in order to receive and retain a license 4 or permit as a residentialor assisted livingcare facility administrator. 5whichSuch standards shall be designed to ensure that residentialor6assisted livingcare facility administrators will be individuals who are 7 of good character and are otherwise suitable, and who, by training or 8 experience in the field of institutional administration, are qualified to 9 serve as residentialor assisted livingcare facility administrators; 10 (b) Develop and apply appropriate techniques, including examinations and 11 investigations, for determining whether an individual meets such stan- 12 dards; 13 (c) Issue licenses andregistrationspermits to individuals determined, 14 after application of such techniques, to meet such standards, and revoke 15 or suspend licenses andregistrationspermits previously issued by the 16 board in any case where the individual holding any such license orregis-17trationpermit is determinedsubstantiallyto havefailed to conform to18 violated therequirementsprovisions ofsuch standardsthis chapter; 19 (d) Establish and carry out procedures designed to ensure that individu- 20 als licensed as residentialor assisted livingcare facility administra- 21 tors will, during any period that they serve as such, comply with the 22 requirements of such standards; 23 (e) Receive, investigate,and take appropriate action with respect to any 24 charge or complaint filed with the board charging that any individual 25 licensed as a residentialor assisted livingcare facility administrator 26 has failed to comply with the requirements of such standards; 27 (f) Conduct a continuing study and investigation ofadministrators of28 residentialor assisted living facilities within the state with a view29 care facility administrators tothe improvement ofimprove the standards 30 imposedfor the licensing of such administratorsin order to obtain a 31 license or a permit andofto improve the procedures and methods for the 32 enforcement of such standards with respect toadministrators of residen-33tial or assisted living facilitiesthose who havebeen licensed as such34 obtained a license or a permit; 35 (g) The board shall establish by rule a fee schedule not to exceed one 36 hundred dollars ($100) each for applications for licenses, provisional 37licensespermits, annualrecertification of registrationrenewal and 38 applications fora reciprocalendorsement of a license issued by the 39 proper authorities in another state. 40 (2) The board or any committee or member thereof or any hearing officer 41 designated by such board, acting in an official capacity, shall have powers 42 and duties as provided by law. Such board shall not be bound by the strict 43 rules of evidence in the conduct of its proceedings but any determinations 44 made shall be founded upon sufficient legal evidence to sustain them. 45 (3) The board shall also have the authority to make rules not inconsis- 46 tent with law as may be necessary for the proper performance of its duties. 47 (4) The board shall have the authority to adopt a code of ethics for res- 48 idential care facility administrators in the state which shall be adopted in 49 compliance with chapter 52, title 67, Idaho Code. 50 SECTION 9. That Section 54-4206, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 54-4206. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall 53 admit to the examination for licensure as a residentialor assisted living7 1 care facility administrator any candidate who submits the required applica- 2 tion, pays a fee as determined by the board,andsubmits evidence of good 3 moral character and suitability prescribed by the board,and is at least 4 twenty-one (21) years old except: 5 (a)That on and after July 1, 1991, nNo applicant for a licenseas a res-6idential or assisted living facility administratorshall be admitted to 7 such licensing examinationnor shall such applicant be entitled toor be 8 granted a licenseas a residential or assisted living facility administra-9torunless such applicant shall submit written evidence, on forms provided10for such purpose by the board, that he has successfully completed a course11of study and has been graduatedof graduation from a high schoolapproved12and recognized by the educational authorities of the state in which such13school is located, or a political division thereof or has submitted a cer-14tificate indicating that he hasor of having obtained high school or sec- 15 ondary school equivalency, such certificate being duly certified by a16state educational authority or a political division thereof, and except17that he shall have complied with the provisions of subsection (2) of this18section. 19 (b)On or after July 1, 1991, eEach applicantwho has not completed a20regular course of study or program which course of study or program shall21have been approved by the board as being adequate academic preparation for22residential or assisted living facility administration,shall submit evi- 23 dence satisfactory to the board that he has successfully completed spe- 24 cialized courses or a program of study in the area of residentialor25assisted livingcare facility administration as required and approved by 26 the rules of the board. 27 (2) A candidate who applies for examination under and pursuant to subsec- 28 tion (1) of this section, in lieu of the educational requirements provided for 29 therein, may submit evidence satisfactory to the board that such applicant has 30 obtained two (2) years of satisfactory practical experience in residentialor31assisted livingcare facility administration or in a related health adminis- 32 tration area for each year of high school education. 33 SECTION 10. That Section 54-4207, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-4207. SUBJECT MATTER OF EXAMINATION -- FREQUENCY. (1) The board shall 36 determine the subjects of examination for applicants for licensureas residen-37tial or assisted living facility administratorsand the scope, content, and 38 format of such examinations which in any examination shall be the same for all 39 candidates; except that such examination shall include examination of the 40 applicant to demonstrate his proficiency in the practice of, and knowledge of, 41 applicable rules of health and safety within the state. 42 (2) Examinations shall be held at least semiannually at such times and 43 places as the board shall designate. 44 SECTION 11. That Section 54-4208, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 54-4208. ISSUANCE OF LICENSE-- EXEMPTION-- EDUCATIONAL PROGRAMS. (1) An 47 applicant for a license as a residentialor assisted livingcare facility 48 administrator who has successfully complied with the requirements of section 49 54-4206, Idaho Code, and the standards provided for therein, has passed the 50 examination provided for in section 54-4207, Idaho Code, and, where applica- 51 ble, has complied with the requirements of section 54-4211, Idaho Code, shall 8 1 be issued a license, on a form provided for that purpose by the board, certi-2fying that such applicant has met the requirements of the laws and rules enti-3tling him to serve, act, practice, and otherwise hold himself out as a duly4licensed residential or assisted living facility administrator.5 (2)(a) The board shall issue a provisional license to any individual6applying therefor who has served as a residential or assisted living7facility administrator for all of the calendar year immediately preceding8July 1, 1991, meets the standards of the board and of this chapter relat-9ing to good character, suitability, age, and citizenship, and has paid the10fee as set by the board. No license shall be issued under the provisions11of this section prior to July 1, 1991.12(b) Such provisional license shall terminate two (2) years from date of13issuance but shall be subject to the payment of the annual fee, and shall14be canceled and be of no legal force or effect except that if, prior to15the expiration of such provisional license, such provisional residential16or assisted living facility administrator shall have passed a qualifying17examination and otherwise complied with the provisions of section 54-4206,18Idaho Code, as required by the board, a residential or assisted living19facility administrator license shall be issued to him. 20(3)Any license issued by the board under or pursuant to the provisions 21 of this section shall be under the hand and seal of the chairmanand executive22secretaryof the board. 23 (43) If the board finds that programs of training and instruction con- 24 ducted within the state are not sufficient in number or content to enable 25 applicants for residentialor assisted livingcare facility administrators' 26 licenses and residentialor assisted livingcare facility administrators to 27 meet requirements established pursuant to this chapter, it shall institute and 28 conduct or arrange with others to conduct one (1) or more such programs, and 29 shall make provision for their accessibility to appropriate residents of this 30 state. The board may approve programs conducted within andwithoutoutside of 31 this state as sufficient to meet education and training requirements estab- 32 lished pursuant to this chapter. 33 SECTION 12. That Section 54-4209, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-4209.CERTIFICATE OF REGISTRATIONLICENSURE -- ATTENDANCE AT CONTINU- 36 ING EDUCATION PROGRAM-- REVOCATION OR SUSPENSION-- RENEWAL OFLAPSED REGIS-37TRATIONSLICENSES.-- REGISTER OF APPLICATIONS.(1) Every individual whoholds38a valid license as a residential or assisted living facility administrator39issuedqualifies for licensure by the board under section 54-4208(1), Idaho 40 Code, shallimmediately upon issuance thereof be deemed registered with the41board andbe issued acertificate of registrationlicense. Thereafter, such 42 individual shall annually be required to apply to the board for arecertifica-43tion of registrationlicense renewal and report any facts requested by the 44 board on forms provided for such purpose. All licenses issued under the provi- 45 sions of this chapter shall be subject to annual renewal and shall expire 46 unless renewed in the manner prescribed by the board regarding applications 47 for renewal, continuing education, and fees. License renewal and reinstatement 48 shall be in accordance with section 67-2614, Idaho Code. 49 (2) Upon making an application fora recertification of registration,50suchlicense renewal, each individual shall pay an annualregistrationrenewal 51 fee, andat the same time shallsubmitevidenceproof of the satisfactoryto52the board that during the twelve (12) month period immediately preceding such53application for recertification of registration he has successfully attended a9 1 completion of the required continuing educationprogram or course of studyas 2 may be provided in the rules of the board. 3 (3) Upon receipt ofsuchthe renewal application,for recertification of4registration,theregistrationrequired fee, and theevidence required with5respect toproof of continuing education, the board shall issue arecertifica-6tion of registration to such residential or assisted living facility adminis-7tratorcurrent license. 8 (4)The license of a residential or assisted living facility administra-9tor who fails to comply with the provisions of this section, and who continues10to act as a residential or assisted living facility administrator, shall be11suspended or revoked by the board, in accordance with the provisions of this12chapter.13(5)A residentialor assisted livingcare facility administrator who has 14 been duly licensedand registeredin this state and whose licenseshallhas 15 nothavebeen revoked or suspended, and whoseregistrationlicense has expired 16 for a period of not longer than five (5) years, mayreregister within the17state upon complying with the provisions of this section for recertification18of registration and alsoapply for the reinstatement of his license by filing 19 with the board anaffidavitapplication together with proof of having met the 20 continuing education requirement within the previous twelve (12) months in 21 accordance with the rules of the board, and payment of a twenty-five dollar 22 ($25.00) reinstatement fee together with the renewal fees forbackall lapsed 23 years. 24(6) A residential or assisted living facility administrator whose license25has been expired for five (5) or more years, must reapply for licensure under26the provisions of section 54-4206, Idaho Code.27 (75) The board shall maintain a register of all applications for licens- 28 ingand registrationof residentialor assisted livingcare facility adminis- 29 trators, which register shall show: Theplace of residence,name and address 30 of each applicant, the name and address of employer or business connection of 31 each applicant, the date of application, complete information of educational 32 and experiential qualifications, theaction taken by the boardlicense issue 33 date, theseriallicense number,of the license and of registration certifi-34cates issued to the applicantthe certificate issue date, the date on which 35 the board reviewed and acted upon the application, and such other pertinent 36 information as the board may deem necessary. 37 SECTION 13. That Section 54-4210, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-4210. ENDORSEMENT OF LICENSES. The board, in its discretion, and 40 otherwise subject to the provisions of this chapter,and the rules of the 41 boardpromulgated thereunder prescribing the qualifications for a residential42or assisted living facility administrator license,may endorse a residential 43or assisted livingcare facility administrator license issued by the proper 44 authorities of any other state upon payment of a fee and upon submission of 45 evidencesatisfactory tomeeting such requirements as are established by the 46 rules of the board.that such other state maintained a system and standard of47qualifications and examinations for a residential or assisted living facility48administrator license which were substantially equivalent to those required in49this state at the time such other license was issued by such other state.50 SECTION 14. That Section 54-4211, Idaho Code, be, and the same is hereby 51 amended to read as follows: 10 1 54-4211.TEMPORARYPROVISIONAL PERMITS.-- EXCEPTIONS.(1) Pending issu- 2 ance of a license, the board may issue atemporaryprovisional permit for a 3 period not exceedingsixthree (63) months, without an examination to an 4 applicant who files a written application for atemporaryprovisional permit 5 and who is otherwise qualified but does not meet theexperienceexamination 6 requirementsor whoand is applying to fill a vacancy on an emergency basis. 7 (2) Any individual who holds a valid Idaho nursing home administrator's 8 license and is in good standing according to the provisions of chapter 16, 9 title 54, Idaho Code, shall be deemed to meet the requirements for issuance of 10 a residentialor assisted livingcare facility administrator's license and 11 shall be issued one, upon application and payment of appropriate fees. 12 SECTION 15. That Section 54-4212, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-4212. MISDEMEANORS LISTED -- PENALTIES. (1) It shall be a misdemeanor 15 for any person to: 16 (a) Sell or fraudulently obtain or furnish any license or aid or abet 17 therein; or 18 (b) Practice as a residentialor assisted livingcare facility adminis- 19 trator under cover of any license orregistrationpermit illegally or 20 fraudulently obtained or unlawfully issued; or 21 (c) Practice as a residentialor assisted livingcare facility adminis- 22 trator or use in connection with his or her name any designation tending 23 to imply that he or she is a residentialor assisted livingcare facility 24 administrator unless duly licensed and registered to so practice under the 25 provisions of this chapter; or 26 (d) Practice as a residentialor assisted livingcare facility adminis- 27 trator during the time his or her license orregistrationpermit issued 28 under the provisions of this chapter shall be suspended or revoked; or 29 (e) Otherwise violate any of the provisions of this chapter. 30 (2) Such misdemeanor shall be punishable by a fine of not more than five 31 hundred dollars ($500) or by imprisonment in the county jail for not more than 32 ninety (90) days, or by both such fine and imprisonment. 33 SECTION 16. That Section 54-4213, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-4213.REVOCATION OR SUSPENSION OF LICENSE OR REGISTRATION, REPRIMAND,36CENSURE, OR OTHER DISCIPLINEDISCIPLINARY ACTION. (1) Thelicense or registra-37tion of any person practicing or offering to practice residential or assisted38living facility administration, or the license of a provisional residential or39assisted living facility administrator, may be revoked or suspended, or such40licensee may be reprimanded, censured, or otherwise disciplinedboard may 41 revoke or suspend, or refuse to renew, or refuse to issue, any license or per- 42 mit issued under the provisions of this chapter, or may reprimand, censure or 43 otherwise discipline the holder of a license or permit in accordance with the 44 provisions of this section upon decision and after due hearing in any of the 45 following cases: 46 (a) Upon proof that such licensee is reasonably unfit to operate a resi- 47 dentialor assisted livingcare facility; 48 (b) Upon proofthat such licensee has willfully or repeatedly violatedof 49 the willful or repeated violation of any of the provisions of this chapter 50 or the rules enacted in accordance with, orwillfullyof willful or 51repeatedly actedrepeated actions in a manner inconsistent with the health 11 1 and safety ofthepatients;of the home in which he is the administrator;2 (c) Upon proof that such licenseeishas been convicted or found guilty 3 of fraud or deceit in the practice of residentialor assisted livingcare 4 facility administration or related activities, or in his or her admission5to such practice. 6 (2) The board, or a hearing officer designated by it, shall have juris- 7 diction to hear all charges brought under the provisions of this section 8 againstpersons licensed and registered asresidentialor assisted livingcare 9 facility administrators, orlicensed asprovisional residentialor assisted10livingcare facility administrators, and upon such hearings shall determine 11 such charges upon their merits.If the board determines that such person is12guilty of the charges, the board may revoke his or her license and registra-13tion, suspend him or her from practice or reprimand, censure, or otherwise14discipline such licensee.15 (3) Proceedings under this section shall be initiated by filing with the 16 board, charges in writing and under oath. The board on its own motion may con- 17 duct an investigation and initiate charges. The procedures for notification 18 and the hearing on such charges, unless dismissed by the board as unfounded or 19 trivial, shall be conducted pursuant to the provisions of chapter 52, title 20 67, Idaho Code. 21 SECTION 17. That Section 54-4214, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-4214. REISSUANCE OF REVOKED LICENSE ORREGISTRATIONPERMIT. (1) The 24 board may, in its discretion, reissue a license orregistrationpermit to any 25 person whose license orregistrationpermit has been revoked. 26 (2) Application for the reissuance of a license orregistrationpermit 27 shall be made in such manner as the board may direct in accordance with its 28 rules. 29 SECTION 18. That Section 67-2601, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 32 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 33 self-governing agencies. The department shall, for the purposes of section 20, 34 article IV of the constitution of the state of Idaho, be an executive depart- 35 ment of the state government. 36 (2) The department shall consist of the following: 37 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 38 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 39 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as pro- 40 vided by chapter 29, title 25, Idaho Code; Idaho cherry commission, as 41 provided by chapter 37, title 22, Idaho Code; Idaho dairy products commis- 42 sion, as provided by chapter 31, title 25, Idaho Code; Idaho pea and len- 43 til commission, as provided by chapter 35, title 22, Idaho Code; Idaho 44 potato commission, as provided by chapter 12, title 22, Idaho Code; Idaho 45 prune commission, as provided by chapter 30, title 22, Idaho Code; and the 46 Idaho wheat commission, as provided by chapter 33, title 22, Idaho Code. 47 (b) Professional and occupational licensing boards: Idaho state board of 48 certified public accountancy, as provided by chapter 2, title 54, Idaho 49 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 50 Code; board of architectural examiners, as provided by chapter 3, title 51 54, Idaho Code; office of the state athletic director, as provided by 12 1 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 2 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 3 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 4 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 5 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 6 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 7 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 8 state board of denturitry, as provided by chapter 33, title 54, Idaho 9 Code; state board of engineering examiners, as provided by chapter 12, 10 title 54, Idaho Code; state board for registration of professional geolo- 11 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing 12 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code; 13 Idaho state board of landscape architects, as provided by chapter 30, 14 title 54, Idaho Code; state board of medicine, as provided by chapter 18, 15 title 54, Idaho Code, and its associated physical therapist advisory 16 board, as provided by chapter 22, title 54, Idaho Code; state board of 17 morticians, as provided by chapter 11, title 54, Idaho Code; board of 18 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin- 19 ers of nursing home administrators, as provided by chapter 16, title 54, 20 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 21 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 22 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 23 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 24 54, Idaho Code; Idaho state board of psychologist examiners, as provided 25 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 26 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 27 provided by chapter 41, title 54, Idaho Code; board of social work examin- 28 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 29 nary medicine, as provided by chapter 21, title 54, Idaho Code; and the 30 board of examiners of residentialor assisted livingcare facility admin- 31 istrators, as provided by chapter 42, title 54, Idaho Code. 32 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 33 (d) The division of building safety, to be headed by a division adminis- 34 trator and comprised of five (5) bureaus: plumbing, electrical, buildings, 35 public works contractor licensing, and logging and industrial safety. The 36 division administrator and bureau chiefs shall be nonclassified employees 37 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin- 38 istrator of the division shall administer the provisions of chapter 40, 39 title 39, Idaho Code, relating to manufactured homes and recreational 40 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings; 41 chapter 21, title 44, Idaho Code, relating to manufactured home dealer 42 and broker licensing; chapter 10, title 54, Idaho Code, relating to elec- 43 trical contractors and journeymen; chapter 19, title 54, Idaho Code, 44 relating to licensing of public works contractors; chapter 26, title 54, 45 Idaho Code, relating to plumbing and plumbers; and shall perform such 46 additional duties as are imposed upon him by law. The division administra- 47 tor shall cooperate with the industrial commission and aid and assist the 48 commission in its administration of sections 72-720, 72-721 and 72-723, 49 Idaho Code, and at the request of the commission shall make inspection of 50 appliances, tools, equipment, machinery, practices or conditions, and make 51 a written report to the commission. The administrator shall make recommen- 52 dations to the commission to aid the commission in its administration of 53 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that 54 nothing herein shall be construed as transferring to the administrator any 55 of the authority or powers now vested in the industrial commission. 13 1 (e) The division of veterans services to be headed by a division adminis- 2 trator who shall be a nonclassified employee exempt from the provisions of 3 chapter 53, title 67, Idaho Code. The administrator of the division shall 4 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 5 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 6 sion established under chapter 2, title 65, Idaho Code, and shall perform 7 such additional duties as are imposed upon him by law. 8 (3) The bureau of occupational licenses is hereby created within the 9 department of self-governing agencies. 10 SECTION 19. That Section 67-2602, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational 13 licenses created in the department of self-governing agencies by section 14 67-2601, Idaho Code, shall be empowered, by written agreement between the 15 bureau and each agency for which it provides administrative or other services 16 as provided by law, to provide such services for the board of acupuncture, 17 board of architectural examiners, board of barber examiners, board of chiro- 18 practic physicians, board of cosmetology, counselor licensing board, state 19 board of denturitry, board of hearing aid dealers and fitters, board of land- 20 scape architects, board of morticians, board of examiners of nursing home 21 administrators, board of optometry, board of podiatrists, board of psycholo- 22 gist examiners, real estate appraiser board, board of examiners of residential 23or assisted livingcare facility administrators, board of social work examin- 24 ers, and such other professional and occupational licensing boards or commod- 25 ity commissions as may request such services. The bureau may charge a reason- 26 able fee for such services provided any agency not otherwise provided for by 27 law and shall maintain proper accounting methods for all funds under its 28 jurisdiction. 29 (2) Notwithstanding the statutes governing specific boards, for any board 30 that contracts with the bureau of occupational licenses, each board member 31 shall hold office until a successor has been duly appointed and qualified. 32 (3) The department of self-governing agencies, by and through the bureau 33 of occupational licenses, shall be empowered to provide administrative or 34 other services for the administration of chapter 48, title 54, Idaho Code, to 35 issue, suspend, revoke or refuse to renew certificates of registration, to 36 issue subpoenas, to prescribe and impose fees and to assess administrative 37 penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.
STATEMENT OF PURPOSE
RS 12403
54-4201 To strike the term, assisted living and add care throughout
this act. 54-4206 to add language providing qualification for
examinations; 54-4208 to strike language dealing with licensing
forms; 54-4209 to strike language dealing with registration,
certification and renewal and to change the renewal date from
annual to birth date of applicant in conjunction with 67-2614; 54-
4210 to strike language dealing with other states systems and
qualifications for equivalency adding language allowing
requirements to be established by Board rule; 54-4211 to change
temporary permits to provisional permits; 54-4213 to strike
revocation or suspension language and to add refuse to renew
language.
FISCAL IMPACT
This change will save approximately $3,000.00 in one-time costs
involved with changing the Board's name. If the Board's name
remains in its present form, costs would be incurred with the
destruction and re-ordering of all documents that carry the Board's
name.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H15