2003 Legislation
Print Friendly

HOUSE BILL NO. 17 – Chiropractor license, renewal fees

HOUSE BILL NO. 17

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0017aa......................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
CHIROPRACTORS - Amends existing law relating to chiropractic physicians to
revise exemptions; and to revise licensing and registration fees.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
03/13    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/24    3rd rdg as amen - PASSED - 63-5-2
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray),
      Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, Meyer,
      Miller, Mitchell, Naccarato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Kulczyk, Langford, McKague, Schaefer
      Absent and excused -- Crow, Moyle
    Floor Sponsor - Eberle
    Title apvd - to Senate
03/25    Senate intro - 1st rdg - to Health/Wel
03/28    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
04/02    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stennett,
      Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Davis, Geddes, Noble, Stegner
    Floor Sponsor - Ingram
    Title apvd - to House
04/03    To enrol
04/04    Rpt enrol - Sp signed
04/07    Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 277
         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. 17
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-705, IDAHO  CODE,  TO
  3        CLARIFY AN EXEMPTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL
  4        CORRECTIONS;  AMENDING SECTION 54-708, IDAHO CODE, TO INCREASE THE MAXIMUM
  5        FEE FOR LICENSE RENEWALS; AMENDING SECTION 54-709, IDAHO CODE, TO  REQUIRE
  6        A  FEE  FOR LICENSURE APPLICATION NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS;
  7        AMENDING SECTION 54-710, IDAHO CODE, TO REQUIRE A  FEE  FOR  LICENSURE  BY
  8        ENDORSEMENT  NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS; AND AMENDING SECTION
  9        54-711, IDAHO CODE, TO INCREASE THE MAXIMUM FEES FOR REGISTRATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 54-705, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        54-705.  EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED. (1)
 14    Under the circumstances described and, subject in each case to the limitations
 15    stated, the following persons, though not holding a license to practice chiro-
 16    practic  in  this  state, may engage in activities included in the practice of
 17    chiropractic:
 18        (a)  A person licensed by this state pursuant to  chapter  18,  title  54,
 19        Idaho Code;
 20        (b)  A  chiropractic  assistant  as  shall be defined and regulated by the
 21        board, administering a procedure set forth in section 54-704, Idaho  Code,
 22        but  not  including the adjustment or manipulation of articulations of the
 23        body, as specifically directed by a chiropractic physician as long as such
 24        directions are within the scope of chiropractic practice;
 25        (c)  A person rendering aid in an emergency, for which no fee for the ser-
 26        vices is contemplated, charged or received;
 27        (d)  A person residing in another state or country and authorized to prac-
 28        tice chiropractic there,  who  is  called  in  consultation  by  a  person
 29        licensed in this state to practice chiropractic, or who for the purpose of
 30        furthering  chiropractic education is invited into this state to conduct a
 31        lecture, clinic, or demonstration, while engaged in activities in  connec-
 32        tion  with the consultation, lecture, clinic, or demonstration, so long as
 33        he does not open an office or appoint a place to meet patients or  receive
 34        calls in this state;
 35        (e)  A  person  authorized  to  practice  chiropractic in another state or
 36        country rendering chiropractic care in a time of disaster or while  caring
 37        for  an ill or injured person while at the scene of an emergency and while
 38        continuing to care for such person;
 39        (f)  Nothing in this chapter shall be construed as preventing or restrict-
 40        ing the practice, services or activities or requiring  licensure  pursuant
 41        to the provisions of this chapter, of any person licensed or registered in
 42        this  state  by any other law, from engaging in any health care profession
 43        or occupation for which such person is licensed or registered;
                                                                        
                                           2
                                                                        
  1        (g)  Any person exempted under the provisions  of  sections  54-1804(1)(a)
  2        through (d), Idaho Code;
  3        (h)  Any  person  who  practices  massage  therapy  as  defined in section
  4        54-704(1)(c), Idaho Code;
  5        (i)  A chiropractic intern, as defined and regulated by the board, who  is
  6        registered with the board to practice chiropractic under the direct super-
  7        vision  of  a licensed chiropractic physician pursuant to a preceptor pro-
  8        gram adopted and developed by the rules of the board.
  9        (2)  Except as provided in subsection (1) of this section, it is  unlawful
 10    for  any  person to practice chiropractic in this state without a license and,
 11    upon conviction thereof, shall be fined not less  than  one  thousand  dollars
 12    ($1,000)  nor more than three thousand dollars ($3,000), or imprisoned for not
 13    less than six (6) months nor more than one (1) year, or by both such fine  and
 14    imprisonment.
 15        (3)  It  is unlawful for any person to assume or use the title or designa-
 16    tion "chiropractor," "chiropractic physician," "doctor of  chiropractic,"  the
 17    initials  "D.C.,"  or any word, or title or abbreviation thereof calculated to
 18    induce the belief that he is engaged in the practice  of  chiropractic  or  to
 19    indicate  to  the public that such person is licensed to practice chiropractic
 20    pursuant to this act chapter unless such person is so licensed, and upon  con-
 21    viction thereof, such person shall be fined not less than five hundred dollars
 22    ($500)  nor  more  than three thousand dollars ($3,000), or imprisoned for not
 23    less than six (6) months nor more than one (1) year, or by both such fine  and
 24    imprisonment.
 25        (4)  When  a  person  has  been  a  recipient of services constituting the
 26    unlawful practice of chiropractic, whether or not he knew the rendition of the
 27    services was unlawful, proof of the rendition  of  unlawful  services  to  the
 28    recipient,  in  an  action  against  the provider of such services for damages
 29    allegedly caused by the services, constitutes prima facie evidence  of  negli-
 30    gence, shifting the burden of proof to such provider of unlawful services. The
 31    following  damages  in  addition  to any other remedies provided by law may be
 32    recovered in such an action:
 33        (a)  Amount of any fees paid for the unlawful services; and
 34        (b)  Reasonable attorney's fees and court costs.
 35        (5)  The board shall refer all violations made known to it to an appropri-
 36    ate prosecuting attorney. The board shall render assistance to  a  prosecuting
 37    attorney in the prosecution of a case pursuant to this section.
                                                                        
 38        SECTION  2.  That  Section  54-708, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        54-708.  BOARD TO ISSUE LICENSES. (1) The board shall  issue  licenses  to
 41    practice  chiropractic  to  persons  who have qualified therefor in accordance
 42    with the provisions of this chapter. The board  may  refuse  licensure  if  it
 43    finds  that the applicant has engaged in conduct prohibited by sections 54-704
 44    and 54-712, Idaho Code, provided, that the board shall take into consideration
 45    the rehabilitation of the applicant and other mitigating  circumstances.  Such
 46    licenses shall be issued after payment of the licensing fee in an amount to be
 47    fixed  by the board, and such licenses shall be issued for a period of one (1)
 48    year. Licenses to practice chiropractic shall be renewed on  their  expiration
 49    upon  completion  of  a renewal application and upon payment of a renewal fee,
 50    the amount of which shall be fixed by the board, which fee  shall  not  exceed
 51    one hundred fifty dollars ($1050).
 52        (2)  The board may renew, on an inactive basis, the license of a physician
 53    who is not practicing chiropractic in this state. The board shall fix and col-
                                                                        
                                           3
                                                                        
  1    lect an inactive license fee for such an inactive license renewal in an amount
  2    not  to  exceed  one  hundred  fifty dollars ($1050) and each inactive license
  3    shall be issued for a period of one (1) year. A physician holding an  inactive
  4    license  may  not  engage  in the practice of chiropractic in this state. If a
  5    physician wishes to convert his inactive license to an active license, he must
  6    account to the board for that period of time in  which  he  held  an  inactive
  7    license.  All fees authorized by subsections (1) and (2) of this section shall
  8    be paid to the bureau of occupational licenses.
  9        (3)  Whenever the board determines that an  applicant  for  a  license  to
 10    practice chiropractic is not qualified for such a license pursuant to the pro-
 11    visions  of  this  chapter,  the board shall notify the applicant by certified
 12    mail of its denial of licensure and the reasons for denial.
                                                                        
 13        SECTION 3.  That Section 54-709, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        54-709.  LICENSURE  BY  WRITTEN  EXAMINATION. (1) Any person seeking to be
 16    licensed to practice chiropractic in this state must successfully complete the
 17    following requirements before a license will be issued:
 18        (a)  Each applicant must submit a completed written application and a  fee
 19        not  to exceed one hundred fifty dollars ($150) to the board on forms fur-
 20        nished by the board, which shall  require  proof  of  graduation  from  an
 21        acceptable school of chiropractic;
 22        (b)  Each applicant must pass an examination conducted by or acceptable to
 23        the  board which shall thoroughly test the applicant's fitness to practice
 24        chiropractic. Such examinations must include, but shall not be limited to,
 25        the following subjects: anatomy and histology;  clinical  blood  chemistry
 26        and  hematology;  pathology; bacteriology; clinical nutrition; hygiene and
 27        sanitation; physiology; symptomatology; urinalysis; chiropractic jurispru-
 28        dence; chiropractic orthopedics; physiotherapy;  chiropractic  principles,
 29        clinical  and  physical diagnosis; chiropractic adjustment; neurology, and
 30        palpation.
 31        (2)  If an applicant fails to pass an  examination  on  two  (2)  separate
 32    occasions, he shall not be eligible to take the examination again for at least
 33    one  (1) year, and before taking the examination again, he must make a showing
 34    to the board that he has successfully engaged in a course  of  study  for  the
 35    purpose  of  improving  his ability to engage in the practice of chiropractic.
 36    Applicants who fail two (2) separate examinations in another state,  territory
 37    or  district  of the United States or Canada, must make a showing to the board
 38    of successful completion of a course of study prior to examination for  licen-
 39    sure.
 40        (3)  Applicants may be personally interviewed by the board or a designated
 41    committee of the board. The interviews may be conducted to specifically review
 42    the  applicant's  qualifications  and  professional credentials. The applicant
 43    shall be further examined by the board to determine that  the  applicant  pos-
 44    sesses the arts and skills of chiropractic adjusting.
                                                                        
 45        SECTION  4.  That  Section  54-710, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        54-710.  LICENSURE BY ENDORSEMENT. Any person seeking to  be  licensed  to
 48    practice  chiropractic  in this state who is licensed to practice chiropractic
 49    in another state must successfully complete the following requirements  before
 50    a license to practice chiropractic will be issued.
 51        (1)  Each  applicant must submit a completed written application and a fee
                                                                        
                                           4
                                                                        
  1    not to exceed one hundred fifty dollars ($150) to the board on forms furnished
  2    by the board which require proof of graduation from an  acceptable  school  of
  3    chiropractic and which contains proof that the applicant has for five (5) con-
  4    secutive  years  immediately  prior to application, practiced chiropractic and
  5    holds a valid, unrevoked, unsuspended license to practice  chiropractic  in  a
  6    state,  territory  or  district of the United States or Canada, and a national
  7    board of chiropractic examiner's certificate.
  8        (2)  Each applicant must demonstrate that he possesses the requisite qual-
  9    ifications to provide the same standard of chiropractic care  as  provided  by
 10    physicians  in this state. The board may require further examination to estab-
 11    lish such qualifications.
                                                                        
 12        SECTION 5.  That Section 54-711, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        54-711.  TEMPORARY  PRACTICE,  REGISTRATION AND PERMIT. (1) Any person who
 15    has submitted an application to the board  for  licensure  by  examination  to
 16    practice  chiropractic  in the state of Idaho, may register with the board and
 17    be granted a permit to practice chiropractic prior to examination  and  licen-
 18    sure in accordance with board rules upon the following conditions:
 19        (a)  The applicant must submit a completed registration application to the
 20        board on forms furnished by the board together with a fee of not more than
 21        fifty  one hundred dollars ($50.100), and must affirmatively show that the
 22        applicant will take the next scheduled examination for licensure  approved
 23        by the board, and that the applicant has not failed two (2) previous exam-
 24        inations for licensure approved by the board; and
 25        (b)  A  licensed physician certifies to the board that such applicant will
 26        practice chiropractic only under the direct and immediate  supervision  of
 27        such physician and only in the office of such physician.
 28        (2)  Any  person  who  has  completed the required course of study from an
 29    acceptable school of chiropractic, but has not  yet  graduated,  may  register
 30    with  the  board and be granted a permit to serve a chiropractic internship in
 31    accordance with board rules and upon the following conditions:
 32        (a)  The applicant must submit a completed registration application to the
 33        board on forms furnished by the board and submit a fee of  not  more  than
 34        fifty one hundred dollars ($50.100); and
 35        (b)  A  licensed physician certifies to the board that such applicant will
 36        practice chiropractic only under the direct and immediate  supervision  of
 37        such physician and only in the office of such physician.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Ring                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 17
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, delete lines 1 and 2 and insert:
  3             "(g)  Any person exempted under the provisions  of  section  54-1804,
  4             Idaho  Code;  A  medical  officer  of  the armed forces of the United
  5             States, of the United States public health service, or  of  the  vet-
  6             erans  administration,  while engaged in the performance of his offi-
  7             cial duties;
  8             (h)  A person administering a remedy, diagnostic procedure or  advice
  9             as specifically directed by a physician;
 10             (i)  A  person  administering a family remedy to a member of the fam-
 11             ily;
 12             (j)  A person authorized or licensed  by  this  state  to  engage  in
 13             activities which may involve the practice of medicine;
 14             (k)  A  person who administers treatment or provides advice regarding
 15             the human body and its functions that:
 16                  (i)   Does not use legend drugs or prescription  drugs  in  such
 17                  practice;
 18                  (ii)  Uses natural elements such as air, heat, water and light;
 19                  (iii) Only  uses  class I or class II nonprescription, approved,
 20                  medical devices as defined in section 513 of the  federal  food,
 21                  drug and cosmetic act;
 22                  (iv)  Only uses vitamins, minerals, herbs, natural food products
 23                  and their extracts, and nutritional supplements; and who
 24                  (v)   Does not perform surgery;
 25                  (vi)  Requires each person receiving services to sign a declara-
 26                  tion  of  informed  consent  which  includes  an overview of the
 27                  health care provider's education which states  that  the  health
 28                  care  provider  is  not  an "M.D." or "D.O." and is not licensed
 29                  under the provisions of this chapter;";
 30    in line 3, delete "(h)" and insert: "(hl)"; and in line 5,  delete  "(i)"  and
 31    insert: "(im)".
                                                                        
 32                                 CORRECTION TO TITLE
 33        On  page  1,  in line 3, delete "CLARIFY AN EXEMPTION" and insert: "REVISE
 34    EXEMPTIONS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 17, As Amended
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-705, IDAHO  CODE,  TO
  3        REVISE  EXEMPTIONS,  TO  PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL
  4        CORRECTIONS; AMENDING SECTION 54-708, IDAHO CODE, TO INCREASE THE  MAXIMUM
  5        FEE  FOR LICENSE RENEWALS; AMENDING SECTION 54-709, IDAHO CODE, TO REQUIRE
  6        A FEE FOR LICENSURE APPLICATION NOT TO EXCEED ONE HUNDRED  FIFTY  DOLLARS;
  7        AMENDING  SECTION  54-710,  IDAHO  CODE, TO REQUIRE A FEE FOR LICENSURE BY
  8        ENDORSEMENT NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS; AND AMENDING  SECTION
  9        54-711, IDAHO CODE, TO INCREASE THE MAXIMUM FEES FOR REGISTRATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  54-705, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        54-705.  EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED. (1)
 14    Under the circumstances described and, subject in each case to the limitations
 15    stated, the following persons, though not holding a license to practice chiro-
 16    practic in this state, may engage in activities included in  the  practice  of
 17    chiropractic:
 18        (a)  A  person  licensed  by  this state pursuant to chapter 18, title 54,
 19        Idaho Code;
 20        (b)  A chiropractic assistant as shall be defined  and  regulated  by  the
 21        board,  administering a procedure set forth in section 54-704, Idaho Code,
 22        but not including the adjustment or manipulation of articulations  of  the
 23        body, as specifically directed by a chiropractic physician as long as such
 24        directions are within the scope of chiropractic practice;
 25        (c)  A person rendering aid in an emergency, for which no fee for the ser-
 26        vices is contemplated, charged or received;
 27        (d)  A person residing in another state or country and authorized to prac-
 28        tice  chiropractic  there,  who  is  called  in  consultation  by a person
 29        licensed in this state to practice chiropractic, or who for the purpose of
 30        furthering chiropractic education is invited into this state to conduct  a
 31        lecture,  clinic, or demonstration, while engaged in activities in connec-
 32        tion with the consultation, lecture, clinic, or demonstration, so long  as
 33        he  does not open an office or appoint a place to meet patients or receive
 34        calls in this state;
 35        (e)  A person authorized to practice  chiropractic  in  another  state  or
 36        country  rendering chiropractic care in a time of disaster or while caring
 37        for an ill or injured person while at the scene of an emergency and  while
 38        continuing to care for such person;
 39        (f)  Nothing in this chapter shall be construed as preventing or restrict-
 40        ing  the  practice, services or activities or requiring licensure pursuant
 41        to the provisions of this chapter, of any person licensed or registered in
 42        this state by any other law, from engaging in any health  care  profession
 43        or occupation for which such person is licensed or registered;
                                                                        
                                           2
                                                                        
  1        (g)  Any  person  exempted  under the provisions of section 54-1804, Idaho
  2        Code; A medical officer of the armed forces of the United States,  of  the
  3        United  States  public  health service, or of the veterans administration,
  4        while engaged in the performance of his official duties;
  5        (h)  A person administering a remedy, diagnostic procedure  or  advice  as
  6        specifically directed by a physician;
  7        (i)  A person administering a family remedy to a member of the family;
  8        (j)  A person authorized or licensed by this state to engage in activities
  9        which may involve the practice of medicine;
 10        (k)  A  person  who administers treatment or provides advice regarding the
 11        human body and its functions that:
 12             (i)   Does not use legend drugs or prescription drugs in  such  prac-
 13             tice;
 14             (ii)  Uses natural elements such as air, heat, water and light;
 15             (iii) Only  uses class I or class II nonprescription, approved, medi-
 16             cal devices as defined in section 513 of the federal food,  drug  and
 17             cosmetic act;
 18             (iv)  Only  uses vitamins, minerals, herbs, natural food products and
 19             their extracts, and nutritional supplements; and who
 20             (v)   Does not perform surgery;
 21             (vi)  Requires each person receiving services to sign  a  declaration
 22             of  informed  consent  which  includes an overview of the health care
 23             provider's education which states that the health  care  provider  is
 24             not  an  "M.D." or "D.O." and is not licensed under the provisions of
 25             this chapter;
 26        (hl)  Any person who practices  massage  therapy  as  defined  in  section
 27        54-704(1)(c), Idaho Code;
 28        (im)  A chiropractic intern, as defined and regulated by the board, who is
 29        registered with the board to practice chiropractic under the direct super-
 30        vision  of  a licensed chiropractic physician pursuant to a preceptor pro-
 31        gram adopted and developed by the rules of the board.
 32        (2)  Except as provided in subsection (1) of this section, it is  unlawful
 33    for  any  person to practice chiropractic in this state without a license and,
 34    upon conviction thereof, shall be fined not less  than  one  thousand  dollars
 35    ($1,000)  nor more than three thousand dollars ($3,000), or imprisoned for not
 36    less than six (6) months nor more than one (1) year, or by both such fine  and
 37    imprisonment.
 38        (3)  It  is unlawful for any person to assume or use the title or designa-
 39    tion "chiropractor," "chiropractic physician," "doctor of  chiropractic,"  the
 40    initials  "D.C.,"  or any word, or title or abbreviation thereof calculated to
 41    induce the belief that he is engaged in the practice  of  chiropractic  or  to
 42    indicate  to  the public that such person is licensed to practice chiropractic
 43    pursuant to this act chapter unless such person is so licensed, and upon  con-
 44    viction thereof, such person shall be fined not less than five hundred dollars
 45    ($500)  nor  more  than three thousand dollars ($3,000), or imprisoned for not
 46    less than six (6) months nor more than one (1) year, or by both such fine  and
 47    imprisonment.
 48        (4)  When  a  person  has  been  a  recipient of services constituting the
 49    unlawful practice of chiropractic, whether or not he knew the rendition of the
 50    services was unlawful, proof of the rendition  of  unlawful  services  to  the
 51    recipient,  in  an  action  against  the provider of such services for damages
 52    allegedly caused by the services, constitutes prima facie evidence  of  negli-
 53    gence, shifting the burden of proof to such provider of unlawful services. The
 54    following  damages  in  addition  to any other remedies provided by law may be
 55    recovered in such an action:
                                                                        
                                           3
                                                                        
  1        (a)  Amount of any fees paid for the unlawful services; and
  2        (b)  Reasonable attorney's fees and court costs.
  3        (5)  The board shall refer all violations made known to it to an appropri-
  4    ate prosecuting attorney. The board shall render assistance to  a  prosecuting
  5    attorney in the prosecution of a case pursuant to this section.
                                                                        
  6        SECTION  2.  That  Section  54-708, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        54-708.  BOARD TO ISSUE LICENSES. (1) The board shall  issue  licenses  to
  9    practice  chiropractic  to  persons  who have qualified therefor in accordance
 10    with the provisions of this chapter. The board  may  refuse  licensure  if  it
 11    finds  that the applicant has engaged in conduct prohibited by sections 54-704
 12    and 54-712, Idaho Code, provided, that the board shall take into consideration
 13    the rehabilitation of the applicant and other mitigating  circumstances.  Such
 14    licenses shall be issued after payment of the licensing fee in an amount to be
 15    fixed  by the board, and such licenses shall be issued for a period of one (1)
 16    year. Licenses to practice chiropractic shall be renewed on  their  expiration
 17    upon  completion  of  a renewal application and upon payment of a renewal fee,
 18    the amount of which shall be fixed by the board, which fee  shall  not  exceed
 19    one hundred fifty dollars ($1050).
 20        (2)  The board may renew, on an inactive basis, the license of a physician
 21    who is not practicing chiropractic in this state. The board shall fix and col-
 22    lect an inactive license fee for such an inactive license renewal in an amount
 23    not  to  exceed  one  hundred  fifty dollars ($1050) and each inactive license
 24    shall be issued for a period of one (1) year. A physician holding an  inactive
 25    license  may  not  engage  in the practice of chiropractic in this state. If a
 26    physician wishes to convert his inactive license to an active license, he must
 27    account to the board for that period of time in  which  he  held  an  inactive
 28    license.  All fees authorized by subsections (1) and (2) of this section shall
 29    be paid to the bureau of occupational licenses.
 30        (3)  Whenever the board determines that an  applicant  for  a  license  to
 31    practice chiropractic is not qualified for such a license pursuant to the pro-
 32    visions  of  this  chapter,  the board shall notify the applicant by certified
 33    mail of its denial of licensure and the reasons for denial.
                                                                        
 34        SECTION 3.  That Section 54-709, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        54-709.  LICENSURE  BY  WRITTEN  EXAMINATION. (1) Any person seeking to be
 37    licensed to practice chiropractic in this state must successfully complete the
 38    following requirements before a license will be issued:
 39        (a)  Each applicant must submit a completed written application and a  fee
 40        not  to exceed one hundred fifty dollars ($150) to the board on forms fur-
 41        nished by the board, which shall  require  proof  of  graduation  from  an
 42        acceptable school of chiropractic;
 43        (b)  Each applicant must pass an examination conducted by or acceptable to
 44        the  board which shall thoroughly test the applicant's fitness to practice
 45        chiropractic. Such examinations must include, but shall not be limited to,
 46        the following subjects: anatomy and histology;  clinical  blood  chemistry
 47        and  hematology;  pathology; bacteriology; clinical nutrition; hygiene and
 48        sanitation; physiology; symptomatology; urinalysis; chiropractic jurispru-
 49        dence; chiropractic orthopedics; physiotherapy;  chiropractic  principles,
 50        clinical  and  physical diagnosis; chiropractic adjustment; neurology, and
 51        palpation.
                                                                        
                                           4
                                                                        
  1        (2)  If an applicant fails to pass an  examination  on  two  (2)  separate
  2    occasions, he shall not be eligible to take the examination again for at least
  3    one  (1) year, and before taking the examination again, he must make a showing
  4    to the board that he has successfully engaged in a course  of  study  for  the
  5    purpose  of  improving  his ability to engage in the practice of chiropractic.
  6    Applicants who fail two (2) separate examinations in another state,  territory
  7    or  district  of the United States or Canada, must make a showing to the board
  8    of successful completion of a course of study prior to examination for  licen-
  9    sure.
 10        (3)  Applicants may be personally interviewed by the board or a designated
 11    committee of the board. The interviews may be conducted to specifically review
 12    the  applicant's  qualifications  and  professional credentials. The applicant
 13    shall be further examined by the board to determine that  the  applicant  pos-
 14    sesses the arts and skills of chiropractic adjusting.
                                                                        
 15        SECTION  4.  That  Section  54-710, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        54-710.  LICENSURE BY ENDORSEMENT. Any person seeking to  be  licensed  to
 18    practice  chiropractic  in this state who is licensed to practice chiropractic
 19    in another state must successfully complete the following requirements  before
 20    a license to practice chiropractic will be issued.
 21        (1)  Each  applicant must submit a completed written application and a fee
 22    not to exceed one hundred fifty dollars ($150) to the board on forms furnished
 23    by the board which require proof of graduation from an  acceptable  school  of
 24    chiropractic and which contains proof that the applicant has for five (5) con-
 25    secutive  years  immediately  prior to application, practiced chiropractic and
 26    holds a valid, unrevoked, unsuspended license to practice  chiropractic  in  a
 27    state,  territory  or  district of the United States or Canada, and a national
 28    board of chiropractic examiner's certificate.
 29        (2)  Each applicant must demonstrate that he possesses the requisite qual-
 30    ifications to provide the same standard of chiropractic care  as  provided  by
 31    physicians  in this state. The board may require further examination to estab-
 32    lish such qualifications.
                                                                        
 33        SECTION 5.  That Section 54-711, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        54-711.  TEMPORARY  PRACTICE,  REGISTRATION AND PERMIT. (1) Any person who
 36    has submitted an application to the board  for  licensure  by  examination  to
 37    practice  chiropractic  in the state of Idaho, may register with the board and
 38    be granted a permit to practice chiropractic prior to examination  and  licen-
 39    sure in accordance with board rules upon the following conditions:
 40        (a)  The applicant must submit a completed registration application to the
 41        board on forms furnished by the board together with a fee of not more than
 42        fifty  one hundred dollars ($50.100), and must affirmatively show that the
 43        applicant will take the next scheduled examination for licensure  approved
 44        by the board, and that the applicant has not failed two (2) previous exam-
 45        inations for licensure approved by the board; and
 46        (b)  A  licensed physician certifies to the board that such applicant will
 47        practice chiropractic only under the direct and immediate  supervision  of
 48        such physician and only in the office of such physician.
 49        (2)  Any  person  who  has  completed the required course of study from an
 50    acceptable school of chiropractic, but has not  yet  graduated,  may  register
 51    with  the  board and be granted a permit to serve a chiropractic internship in
                                                                        
                                           5
                                                                        
  1    accordance with board rules and upon the following conditions:
  2        (a)  The applicant must submit a completed registration application to the
  3        board on forms furnished by the board and submit a fee of  not  more  than
  4        fifty one hundred dollars ($50.100); and
  5        (b)  A  licensed physician certifies to the board that such applicant will
  6        practice chiropractic only under the direct and immediate  supervision  of
  7        such physician and only in the office of such physician.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                            RS 12380C1

54-705 clarifying exemption language; 54-708, 54-709, 54-710, and
54-711 changing the language dealing with renewal.  Additionally,
increasing the cap for renewal fee and examination fee from $100 to
$150. 






                         FISCAL IMPACT

There will be no fiscal impact on General or Dedicated funds with
this proposal to increase the fee cap for renewal and examination
fees until rules are passed.  The additional amount that would be
realized at that time if the entire fee cap was requested, would be
an approximate increase of $27,600 per year.  This amount is based
on the current number of licensees and the total amount of the
requested fee cap increase. 

CONTACT
Name:        Rayola Jacobsen
Agency:      Occupational License, Bureau
Phone:       334-3233

Statement of Purpose/Fiscal Impact                                                  H17