2003 Legislation
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HOUSE BILL NO. 15 – Residentl care fclty admin, license

HOUSE BILL NO. 15

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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

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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    dential or assisted living care 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    dential or assisted living care 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    dential  or assisted living care 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 as a certified 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 Residential or Assisted Living Care 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 residential or assisted liv-
  6    ing care facility administrators of the state of Idaho.
  7        (2)  "Examiner" means a member of the board of examiners of residential or
  8    assisted living care facility administrators of the state of Idaho.
  9        (3)  "Executive secretary" means the secretary of the board  of  examiners
 10    of residential or assisted living care facility administrators of the state of
 11    Idaho.
 12        (4)  "Practice of residential or assisted living care facility administra-
 13    tion" means that planning, organizing, directing, and control of the operation
 14    of a residential or assisted living care facility.
 15        (5)  "Provisional  license permit" means a temporary license permit issued
 16    to a provisional residential or assisted living  care  facility  administrator
 17    under and pursuant to the provisions of this chapter.
 18        (6)  "Provisional residential or assisted living care facility administra-
 19    tor"  means  an individual who has been licensed issued a permit as such under
 20    and pursuant to the provisions of this chapter.
 21        (7)  "Residential or assisted living care 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)  "Residential or assisted living care  facility  administrator"  means
 28    any  individual  responsible for planning, organizing, directing, and control-
 29    ling the operation of a residential or assisted living care 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 residential or assisted living care facility in the  state  shall  be
 38    operated  unless  it is under the supervision of an administrator a person who
 39    holds  a  currently  valid  residential  or  assisted  living  care   facility
 40    administrator's  license,  and  registration,  or  provisional license permit,
 41    issued pursuant to this chapter. No person shall practice or offer to practice
 42    residential or assisted living care facility administration in this  state  or
 43    use  any  title, sign, card, or device to indicate that he is a residential or
 44    assisted living care facility administrator unless such person shall have been
 45    is duly licensed and registered as a residential or assisted  living  facility
 46    administrator  or  licensed  as  or holds a current provisional residential or
 47    assisted living facility administrator permit 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 RESIDENTIAL OR ASSISTED LIVING CARE FACIL-
  2    ITY ADMINISTRATORS. (1) There is hereby created in the department of self-gov-
  3    erning  agencies  a  board of examiners of residential or assisted living care
  4    facility administrators, which board shall consist of five  (5)  members,  and
  5    composed  of  two (2) residential or assisted living care 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 residential or assisted living care  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) residential or assisted living care facility administra-
 30        tors must be appointed from a list of three (3) submitted by any organized
 31        and generally recognized group concerned with residential or assisted liv-
 32        ing care 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-
 41    tive  officer  to  the  board but shall not be a member of the board. He shall
 42    have such powers and shall perform such duties as are prescribed  by  law  and
 43    the  rules  of  the  board. A clerk and sufficient deputy clerks to adequately
 44    assist the board and the executive secretary in the keeping of the records and
 45    in the performance of their duties may be appointed by the board. All  employ-
 46    ees  of  the board shall be appointed, and serve in accordance with the provi-
 47    sions 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 residential or assisted living care facility administrator.
  5        which Such standards shall be  designed  to  ensure  that  residential  or
  6        assisted  living  care 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 residential or assisted living care 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 and registrations permits to  individuals  determined,
 14        after  application  of such techniques, to meet such standards, and revoke
 15        or suspend licenses and registrations permits  previously  issued  by  the
 16        board  in any case where the individual holding any such license or regis-
 17        tration permit is determined substantially to have failed  to  conform  to
 18        violated the requirements provisions of such standards this chapter;
 19        (d)  Establish  and carry out procedures designed to ensure that individu-
 20        als licensed as residential or assisted living care  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 residential or assisted living care facility administrator
 26        has failed to comply with the requirements of such standards;
 27        (f)  Conduct a continuing study and  investigation  of  administrators  of
 28        residential  or  assisted  living  facilities within the state with a view
 29        care facility administrators to the improvement of improve  the  standards
 30        imposed  for  the  licensing  of  such administrators in order to obtain a
 31        license or a permit and of to improve the procedures and methods  for  the
 32        enforcement  of  such standards with respect to administrators of residen-
 33        tial or assisted living facilities those who have been  licensed  as  such
 34        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
 37        licenses  permits,  annual  recertification  of  registration  renewal and
 38        applications for a reciprocal endorsement  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 residential or assisted living
                                                                        
                                           7
                                                                        
  1    care facility administrator any candidate who submits  the  required  applica-
  2    tion,  pays  a  fee  as  determined by the board, and submits 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 license as a res-
  6        idential  or  assisted  living facility administrator shall be admitted to
  7        such licensing examination nor shall such applicant be entitled to  or  be
  8        granted a license as a residential or assisted living facility administra-
  9        tor unless such applicant shall submit written evidence, on forms provided
 10        for such purpose by the board, that he has successfully completed a course
 11        of  study and has been graduated of graduation from a high school approved
 12        and recognized by the educational authorities of the state in  which  such
 13        school is located, or a political division thereof or has submitted a cer-
 14        tificate  indicating that he has or of having obtained high school or sec-
 15        ondary school equivalency, such certificate  being  duly  certified  by  a
 16        state  educational  authority  or a political division thereof, and except
 17        that he shall have complied with the provisions of subsection (2) of  this
 18        section.
 19        (b)  On  or  after  July  1, 1991, eEach applicant who has not completed a
 20        regular course of study or program which course of study or program  shall
 21        have been approved by the board as being adequate academic preparation for
 22        residential  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 residential or
 25        assisted living care 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 residential or
 31    assisted living care 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 licensure as residen-
 37    tial  or  assisted  living facility administrators and 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 residential or assisted living care 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-
  2    fying that such applicant has met the requirements of the laws and rules enti-
  3    tling  him  to  serve, act, practice, and otherwise hold himself out as a duly
  4    licensed residential or assisted living facility administrator.
  5        (2)  (a)  The board shall issue a provisional license  to  any  individual
  6        applying  therefor  who  has  served  as  a residential or assisted living
  7        facility administrator for all of the calendar year immediately  preceding
  8        July  1, 1991, meets the standards of the board and of this chapter relat-
  9        ing to good character, suitability, age, and citizenship, and has paid the
 10        fee as set by the board. No license shall be issued under  the  provisions
 11        of this section prior to July 1, 1991.
 12        (b)  Such  provisional  license shall terminate two (2) years from date of
 13        issuance but shall be subject to the payment of the annual fee, and  shall
 14        be  canceled  and  be of no legal force or effect except that if, prior to
 15        the expiration of such provisional license, such  provisional  residential
 16        or  assisted  living facility administrator shall have passed a qualifying
 17        examination and otherwise complied with the provisions of section 54-4206,
 18        Idaho Code, as required by the board, a  residential  or  assisted  living
 19        facility 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 chairman and executive
 22    secretary of 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 residential or assisted living  care  facility  administrators'
 26    licenses  and  residential  or assisted living care 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 and without outside  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 REGISTRATION LICENSURE -- ATTENDANCE AT CONTINU-
 36    ING EDUCATION PROGRAM -- REVOCATION OR SUSPENSION -- RENEWAL OF LAPSED  REGIS-
 37    TRATIONS LICENSES. -- REGISTER OF APPLICATIONS. (1) Every individual who holds
 38    a  valid  license  as  a residential or assisted living facility administrator
 39    issued qualifies for licensure by the board under  section  54-4208(1),  Idaho
 40    Code,  shall  immediately  upon issuance thereof be deemed registered with the
 41    board and be issued a certificate of registration  license.  Thereafter,  such
 42    individual shall annually be required to apply to the board for a recertifica-
 43    tion  of  registration  license  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 for  a  recertification  of  registration,
 50    such license renewal, each individual shall pay an annual registration renewal
 51    fee,  and  at the same time shall submit evidence proof of the satisfactory to
 52    the board that during the twelve (12) month period immediately preceding  such
 53    application for recertification of registration he has successfully attended a
                                                                        
                                           9
                                                                        
  1    completion  of the required continuing education program or course of study as
  2    may be provided in the rules of the board.
  3        (3)  Upon receipt of such the renewal application, for recertification  of
  4    registration,  the  registration  required fee, and the evidence required with
  5    respect to proof of continuing education, the board shall issue a recertifica-
  6    tion of registration to such residential or assisted living facility  adminis-
  7    trator current license.
  8        (4)  The  license of a residential or assisted living facility administra-
  9    tor who fails to comply with the provisions of this section, and who continues
 10    to act as a residential or assisted living facility  administrator,  shall  be
 11    suspended  or  revoked by the board, in accordance with the provisions of this
 12    chapter.
 13        (5)  A residential or assisted living care facility administrator who  has
 14    been  duly  licensed  and registered in this state and whose license shall has
 15    not have been revoked or suspended, and whose registration license has expired
 16    for a period of not longer than five (5)  years,  may  reregister  within  the
 17    state  upon  complying with the provisions of this section for recertification
 18    of registration and also apply for the reinstatement of his license by  filing
 19    with  the board an affidavit application 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 for back all  lapsed
 23    years.
 24        (6)  A residential or assisted living facility administrator whose license
 25    has  been expired for five (5) or more years, must reapply for licensure under
 26    the provisions of section 54-4206, Idaho Code.
 27        (75)  The board shall maintain a register of all applications for  licens-
 28    ing  and registration of residential or assisted living care facility adminis-
 29    trators, which register shall show: The place 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, the action taken by the board license  issue
 33    date, the serial license number, of the license and of  registration  certifi-
 34    cates  issued  to  the applicant the 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    board promulgated thereunder prescribing the qualifications for a  residential
 42    or  assisted  living facility administrator license, may endorse a residential
 43    or assisted living care facility administrator license issued  by  the  proper
 44    authorities  of  any  other state upon payment of a fee and upon submission of
 45    evidence satisfactory to meeting such requirements as are established  by  the
 46    rules  of the board. that such other state maintained a system and standard of
 47    qualifications and examinations for a residential or assisted living  facility
 48    administrator license which were substantially equivalent to those required in
 49    this 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.  TEMPORARY PROVISIONAL PERMITS. -- EXCEPTIONS. (1) Pending  issu-
  2    ance  of  a  license, the board may issue a temporary provisional permit for a
  3    period not exceeding six three (63)  months,  without  an  examination  to  an
  4    applicant  who  files a written application for a temporary provisional permit
  5    and who is otherwise qualified but does not meet  the  experience  examination
  6    requirements or who and 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  residential  or  assisted  living care 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 residential or assisted living care facility adminis-
 19        trator under cover of any license  or  registration  permit  illegally  or
 20        fraudulently obtained or unlawfully issued; or
 21        (c)  Practice  as  a residential or assisted living care 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 residential or assisted living care facility
 24        administrator unless duly licensed and registered to so practice under the
 25        provisions of this chapter; or
 26        (d)  Practice as a residential or assisted living care  facility  adminis-
 27        trator  during  the  time his or her license or registration permit 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,
 36    CENSURE, OR OTHER DISCIPLINE DISCIPLINARY ACTION. (1) The license or registra-
 37    tion  of any person practicing or offering to practice residential or assisted
 38    living facility administration, or the license of a provisional residential or
 39    assisted living facility administrator, may be revoked or suspended,  or  such
 40    licensee  may  be  reprimanded,  censured,  or otherwise disciplined board 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        dential or assisted living care facility;
 48        (b)  Upon proof that such licensee has willfully or repeatedly violated of
 49        the willful or repeated violation of any of the provisions of this chapter
 50        or the rules enacted in  accordance  with,  or  willfully  of  willful  or
 51        repeatedly acted repeated actions in a manner inconsistent with the health
                                                                        
                                           11
                                                                        
  1        and safety of the patients; of the home in which he is the administrator;
  2        (c)  Upon  proof  that such licensee is has been convicted or found guilty
  3        of fraud or deceit in the practice of residential or assisted living  care
  4        facility  administration or related activities, or in his or her admission
  5        to 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    against persons licensed and registered as residential or assisted living care
  9    facility administrators,  or licensed as provisional residential  or  assisted
 10    living  care  facility  administrators, and upon such hearings shall determine
 11    such charges upon their merits. If the board determines that  such  person  is
 12    guilty  of  the charges, the board may revoke his or her license and registra-
 13    tion, suspend him or her from practice or  reprimand,  censure,  or  otherwise
 14    discipline 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 OR REGISTRATION PERMIT. (1) The
 24    board may, in its discretion, reissue a license or registration permit to  any
 25    person whose license or registration permit has been revoked.
 26        (2)  Application  for  the  reissuance of a license or registration permit
 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 residential or assisted living care 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
 23    or  assisted living care 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 / Fiscal Impact


                     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