2003 Legislation
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SENATE BILL NO. 1165 – Polysomnography, license/permit

SENATE BILL NO. 1165

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S1165......................................................by STATE AFFAIRS
POLYSOMNOGRAPHY - Amends and adds to existing law to define terms; to
require a license or permit for the practice of polysomnography related
respiratory care; to set forth qualifications; to provide permits; to
provide continuing education; to provide for a conditional permit; and to
revise provisions relating to membership of the licensure board.
                                                                        
03/13    Senate intro - 1st rdg - to printing
03/14    Rpt prt - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/25    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Brandt
    Title apvd - to House
03/26    House intro - 1st rdg - to Health/Wel
03/31    Rpt out - rec d/p - to 2nd rdg
04/01    2nd rdg - to 3rd rdg
04/02    3rd rdg - PASSED - 65-2-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, 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, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Tilman, Wills, Wood, Mr. Speaker
      NAYS -- Kulczyk, McKague
      Absent and excused -- Crow, Stevenson, Trail
    Floor Sponsor - Sali
    Title apvd - to Senate
04/03    To enrol
04/04    Rpt enrol - Pres signed
04/07    Sp signed - To Governor
04/08    Governor signed
         Session Law Chapter 254
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1165
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PRACTICE OF RESPIRATORY  THERAPY;  AMENDING  SECTION  54-4303,
  3        IDAHO  CODE, TO REVISE A DEFINITION, TO DEFINE TERMS AND TO MAKE TECHNICAL
  4        CORRECTIONS; AMENDING CHAPTER 43, TITLE 54, IDAHO CODE, BY THE ADDITION OF
  5        A NEW SECTION 54-4304A, IDAHO CODE, TO REQUIRE A LICENSE OR PERMIT FOR THE
  6        PRACTICE OF POLYSOMNOGRAPHY RELATED RESPIRATORY CARE, TO SET FORTH  QUALI-
  7        FICATIONS, TO PROVIDE FOR PERMITS, TO PROVIDE FOR CONTINUING EDUCATION, TO
  8        PROVIDE  FOR APPLICATION OF CERTAIN PROVISIONS AND TO PROVIDE FOR A CONDI-
  9        TIONAL PERMIT; AND AMENDING SECTION 54-4313, IDAHO CODE, TO REVISE  PROVI-
 10        SIONS  RELATING  TO  MEMBERSHIP OF THE LICENSURE BOARD; AND TO PROVIDE FOR
 11        THE FILLING OF BOARD VACANCIES FOLLOWING PASSAGE OF THE ACT.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 54-4303, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        54-4303.  DEFINITIONS. As used in this chapter:
 16        (1)  "Act"  means  the  respiratory care practice act of 1991, chapter 43,
 17    title 54, Idaho Code.
 18        (2)  "Applicant" means a person who applies for a  license,  permit  or  a
 19    temporary permit pursuant to this chapter.
 20        (3)  "Board"  means  the  Idaho state board of medicine established by and
 21    constituted pursuant to section 54-1805, Idaho Code, or any successor  section
 22    or statute.
 23        (4)  "Certified  pulmonary function technologist" (CPFT) means the profes-
 24    sional designation earned by a person who has successfully completed the entry
 25    level  pulmonary  function  certification  examination  administered  by   the
 26    national board for respiratory care, inc.
 27        (5)  "Certified  respiratory  therapy technician" (CRTT) means the profes-
 28    sional designation earned by a person who has successfully completed the entry
 29    level examination administered by the national  board  for  respiratory  care,
 30    inc.
 31        (6)  "Entry  level  examination"  means  the certification examination for
 32    entry level respiratory therapy practitioners  administered  by  the  national
 33    board  for respiratory care, inc., the successful completion of which entitles
 34    a person to the professional designation  of  "certified  respiratory  therapy
 35    technician" (CRTT).
 36        (7)  "Licensed physician" means a physician licensed by the board.
 37        (8)  "Licensure" means the issuance of a license to an applicant under the
 38    provisions  of  this  chapter  entitling  such person to hold himself out as a
 39    respiratory care practitioner and entitling him to practice or perform  respi-
 40    ratory care in the state.
 41        (89)  "Licensure  board"  means  the  licensure  board established by this
 42    chapter to accept applications under this chapter, to make recommendations and
 43    consult with the board and to perform such other duties as may be required  or
                                                                        
                                           2
                                                                        
  1    authorized in this chapter or by the board.
  2        (910) "National  board  for  respiratory  care, inc." means the nationally
  3    recognized private testing, examining and credentialing body for the  respira-
  4    tory care profession.
  5        (101) "Performance  of  respiratory care" means respiratory care practiced
  6    or performed in accordance with the written, telephonic or verbal prescription
  7    of a licensed physician and includes, but is not limited  to,  the  diagnostic
  8    and therapeutic use of the following: administration of medical gases, (except
  9    for  the  purpose  of  anesthesia), aerosols and humidification; environmental
 10    control mechanisms and hyperbaric therapy;  pharmacologic  agents  related  to
 11    respiratory  care  protocols; mechanical or physiological ventilatory support;
 12    bronchopulmonary hygiene; cardiopulmonary resuscitation;  maintenance  of  the
 13    natural  airway;  insertion  and  maintenance  of artificial airways; specific
 14    diagnostic and testing  techniques  employed  in  the  medical  management  of
 15    patients  to assist in diagnosis, monitoring, treatment and research of pulmo-
 16    nary abnormalities, including measurements of ventilatory  volumes,  pressures
 17    and  flows, collection, reporting and analysis of specimens of blood and blood
 18    gases, arterial  punctures,  insertion  and  maintenance  of  arterial  lines,
 19    expired  and inspired gas samples, respiratory secretions, and pulmonary func-
 20    tion testing; and hemodynamic and other related  physiologic  measurements  of
 21    the  cardiopulmonary system; observation and monitoring of signs and symptoms,
 22    general behavior, general physical response to respiratory care treatment  and
 23    diagnostic  testing  and  determination of whether such signs, symptoms, reac-
 24    tions, behavior or general response exhibit abnormal  characteristics;  imple-
 25    mentation based on observed abnormalities of appropriate reporting or referral
 26    of  respiratory  care or changes in treatment regimen, pursuant to a prescrip-
 27    tion by a physician or the initiation of emergency procedures.
 28        (112) "Person" means an individual.
 29        (123) "Polysomnography" means the process of analysis, attended monitoring
 30    and recording of physiologic data during sleep and wakefulness  to  assist  in
 31    the  assessment  and  diagnosis  of  sleep/wake disorders and other disorders,
 32    syndromes and dysfunctions that either  are  sleep  related,  manifest  during
 33    sleep or disrupt normal sleep/wake cycles and activities.
 34        (14) "Polysomnography related respiratory care services" means the limited
 35    practice  of  respiratory  care  in the provision of polysomnography services,
 36    under the supervision of an Idaho licensed physician, by a person at  a  sleep
 37    disorder center or laboratory who holds a permit issued by the board as a reg-
 38    istered   polysomnographic  technologist,  polysomnographic  technician  or  a
 39    polysomnographic trainee, or who is otherwise licensed as a  respiratory  care
 40    practitioner or who is exempt from licensure or permitting pursuant to section
 41    54-4308, Idaho Code. Polysomnography related respiratory care services include
 42    therapeutic  and  diagnostic use of oxygen, noninvasive ventilatory assistance
 43    of spontaneously breathing  patients  and  cardiopulmonary  resuscitation  and
 44    maintenance  of nasal and oral airways that do not extend into the trachea, as
 45    ordered by an Idaho licensed physician or by written procedures and  protocols
 46    of  the associated sleep disorder center or laboratory as approved by an Idaho
 47    licensed physician and which do not violate a rule adopted by the board.  This
 48    chapter  does  not in any way authorize the practice of medicine or any of its
 49    branches by any person not so licensed by the board. Further, licensed  respi-
 50    ratory  practitioners,  and  those  exempt  from licensure pursuant to section
 51    54-4308, Idaho Code, are not limited in their scope of practice  of  provision
 52    of  respiratory  care which they may provide, including in connection with the
 53    provision of polysomnography services.
 54        (15) "Polysomnographic technician" means a person who holds  a  permit  as
 55    set  forth  in  section 54-4304A, Idaho Code, and who performs polysomnography
                                                                        
                                           3
                                                                        
  1    related respiratory care services under the supervision of an Idaho  permitted
  2    registered polysomnographic technologist, licensed respiratory care practitio-
  3    ner or an Idaho licensed physician.
  4        (16) "Polysomnographic  trainee" means a person who holds a temporary per-
  5    mit  as  set  forth  in  section  54-4304A,  Idaho  Code,  and  who   performs
  6    polysomnography related respiratory care services under the direct supervision
  7    of  an  Idaho  licensed respiratory care practitioner, or a person exempt from
  8    such licensure pursuant to section 54-4308, Idaho  Code,  an  Idaho  permitted
  9    registered  polysomnographic technologist, an Idaho permitted polysomnographic
 10    technician or an Idaho licensed physician.  Direct  supervision  by  an  Idaho
 11    licensed respiratory care practitioner, or such person exempt from such licen-
 12    sure pursuant to section 54-4308, Idaho Code, or an Idaho permitted registered
 13    polysomnographic  technologist  or technician, or an Idaho licensed physician,
 14    means that such a person shall be on the premises where such  polysomnographic
 15    related respiratory care services are provided and shall be immediately avail-
 16    able for consultation with the polysomnographic trainee.
 17        (17) "Practice  of  respiratory  care" means, but shall not be limited to,
 18    the provision of respiratory and inhalation therapy which shall  include,  but
 19    not  be  limited to: therapeutic and diagnostic use of medical gases, humidity
 20    and aerosols including the maintenance of associated apparatus; administration
 21    of drugs  and  medications  to  the  cardiorespiratory  system;  provision  of
 22    ventilatory assistance and ventilatory control; postural drainage, percussion,
 23    breathing  exercises  and other respiratory rehabilitation procedures; cardio-
 24    pulmonary resuscitation and maintenance of natural airways, the insertion  and
 25    maintenance of artificial airways; and the transcription and implementation of
 26    a  physician's written, telephonic or verbal orders pertaining to the practice
 27    of respiratory care. It also includes testing techniques employed in  respira-
 28    tory  care  to  assist  in diagnosis, monitoring, treatment and research. This
 29    shall be understood  to  include,  but  not  be  limited  to,  measurement  of
 30    ventilatory  volumes,  pressures  and  flows, specimen collection of blood and
 31    other materials, pulmonary function testing and hemodynamic and other  related
 32    physiological monitoring of the cardiopulmonary system. The practice of respi-
 33    ratory  care  is  not  limited  to the hospital setting but shall be performed
 34    under the general supervision of a licensed physician.
 35        (18) "Registered polysomnographic technologist" means a person who holds a
 36    permit as set forth in section 54-4304A, Idaho Code, and who works  under  the
 37    supervision  of an Idaho licensed physician to provide polysomnography related
 38    respiratory care services.
 39        (139) "Respiratory care" means the allied  health  profession  responsible
 40    for  the  treatment,  management,  diagnostic  testing,  control  and  care of
 41    patients with deficiencies and abnormalities associated with the  cardiopulmo-
 42    nary system, under the general supervision of a licensed physician.
 43        (1420) "Respiratory  care practitioner" means a person who has been issued
 44    a license by the board under the provisions of this chapter.
 45        (1521) "Respiratory  care  protocols"  means   policies,   procedures   or
 46    protocols  developed  or instituted by health care facilities or institutions,
 47    through collaboration when appropriate or necessary with administrators,  phy-
 48    sicians,  registered  nurses, physical therapists, respiratory care practitio-
 49    ners and other licensed, certified or registered health care practitioners.
 50        (1622) "Registered pulmonary function technologist" (RPFT) means the  pro-
 51    fessional  designation  earned  by a person who has successfully completed the
 52    advanced pulmonary function  certification  examination  administered  by  the
 53    national board for respiratory care, inc.
 54        (1723) "Registered  respiratory  therapist"  (RRT)  means the professional
 55    designation earned by a person who has successfully completed the written reg-
                                                                        
                                           4
                                                                        
  1    istry and clinical simulation examinations administered by the national  board
  2    for respiratory care, inc.
  3        (1824) "Respiratory  therapist"  means  a person who practices or provides
  4    respiratory care.
  5        (1925) "Respiratory therapy" means the practice or performance of respira-
  6    tory care as defined in this chapter including, but not limited to, inhalation
  7    therapy.
  8        (26) "Sleep disorder center or laboratory"  means  a  facility  for  sleep
  9    related  disorders  that provides polysomnography and is under the supervision
 10    of an Idaho licensed physician or medical director licensed by the  board  who
 11    is responsible for patient care provided in such center or laboratory. A sleep
 12    disorder  center or laboratory which provides polysomnography related respira-
 13    tory care to patients shall have an Idaho licensed respiratory care practitio-
 14    ner, an Idaho permitted registered  polysomnographic  technologist,  an  Idaho
 15    permitted  polysomnographic  technician,  or a person exempt from licensure or
 16    permitting pursuant to section 54-4308, Idaho Code, in constant attendance.
 17        (207) "Written registry and clinical simulation  examinations"  means  the
 18    certification  examinations administered by the national board for respiratory
 19    care, inc., the successful completion of which entitles a person  the  profes-
 20    sional designation of "registered respiratory therapist" (RRT).
                                                                        
 21        SECTION  2.  That  Chapter  43,  Title 54, Idaho Code, be, and the same is
 22    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 23    ignated as Section 54-4304A, Idaho Code, and to read as follows:
                                                                        
 24        54-4304A.  POLYSOMNOGRAPHY  RELATED RESPIRATORY CARE. (1) Only persons who
 25    are licensed as respiratory care practitioners or who are exempt  from  licen-
 26    sure  pursuant  to section 54-4308, Idaho Code, or who hold a permit issued by
 27    the board as registered polysomnographic technologists, polysomnographic tech-
 28    nicians or  polysomnographic  trainees  may  provide  polysomnography  related
 29    respiratory care services.
 30        (2)  Qualification  for  permit.  An  applicant  for  a  permit to provide
 31    polysomnography  related   respiratory   care   services   as   a   registered
 32    polysomnographic  technologist  or polysomnographic technician or for a tempo-
 33    rary permit as a polysomnographic trainee under the provisions of this section
 34    who is not otherwise licensed to provide respiratory care services  or  exempt
 35    from the requirements of this chapter pursuant to section 54-4308, Idaho Code,
 36    must:
 37        (a)  Submit  an  application to the licensure board on forms prescribed by
 38        the board and in accordance with the rules adopted by the  board  pay  the
 39        permit fee required under this chapter;
 40        (b)  Be,  on  or  before the date of issuance of the permit, eighteen (18)
 41        years of age or older;
 42        (c)  Not have been convicted of an offense or disciplined by  a  licensing
 43        body  in a manner that bears, in the judgment of the board, a demonstrable
 44        relationship to the provision of polysomnography related respiratory  care
 45        services;
 46        (d)  Be a high school graduate or have passed a general educational devel-
 47        opment (GED) examination and earned a GED certificate; and
 48        (e)  Be currently certified in cardiopulmonary resuscitation (CPR).
 49        (3)  Registered  polysomnographic technologist.  An applicant must possess
 50    the following qualifications: successful completion of the certification exam-
 51    ination as a registered  polysomnographic  technologist  administered  by  the
 52    board  of  registered  polysomnographic  technologists (BRPT) or an equivalent
 53    examination, approved by the board as recommended by the licensure board,  and
                                                                        
                                           5
                                                                        
  1    any  additional  reasonable  minimal requirements as may be adopted by rule of
  2    the board.
  3        (4)  Polysomnographic technician. An applicant must possess the  following
  4    qualifications:
  5        (a)  Successful  completion  of a polysomnography program of not less than
  6        one (1) year duration, associated with a state licensed  or  a  nationally
  7        accredited educational facility; or
  8        (b)  Successful  completion  of  a  minimum  of seven hundred twenty (720)
  9        hours of experience as a polysomnographic trainee with  documented  profi-
 10        ciency  in  polysomnography related respiratory care services, as approved
 11        by the board, as recommended by the licensure board and adopted  by  board
 12        rule.
 13        (5)  Polysomnographic trainee.  An applicant must provide written documen-
 14    tation  that  an  Idaho permitted registered polysomnographic technologist, an
 15    Idaho permitted polysomnographic technician,  an  Idaho  licensed  respiratory
 16    care  provider,  or  an  Idaho  licensed physician will directly supervise the
 17    applicant's performance of basic polysomnography related respiratory care ser-
 18    vices and provide documentation of at least one (1) of the following:
 19        (a)  That the applicant has at least seven hundred twenty (720)  hours  of
 20        experience  as  a  paid  employee  or  contractor in a health care related
 21        field;
 22        (b)  That the applicant is currently enrolled in a polysomnography program
 23        associated with a state licensed  or  a  nationally  accredited  education
 24        facility; or
 25        (c)  That the applicant has successfully completed twenty-four (24) semes-
 26        ter  credit  hours  (or  a  quarter hour system equivalent of the same) of
 27        postsecondary education at  a  state  licensed  or  nationally  accredited
 28        facility.
 29        (6)  Permits.
 30        (a)  Permits for registered polysomnographic technologists and permits for
 31        polysomnographic technicians shall be issued after applicants have met the
 32        requirements of this chapter and submitted an application and payment of a
 33        fee  in  an  amount to be fixed by the board. Permits, including renewals,
 34        for registered polysomnographic  technologists   shall  be  issued  for  a
 35        period  of  not  less  than one (1) year nor more than five (5) years, the
 36        exact period to be fixed by the board. Permits,  including  renewals,  for
 37        polysomnographic technicians shall be issued for a period of one (1) year,
 38        and  shall  be  renewed for successive one (1) year periods, not to exceed
 39        three (3) renewals for a total period of  four  (4)  years.  Such  permits
 40        shall  be  renewed  on  their expiration date upon completion of a renewal
 41        application and upon payment of a renewal fee in an amount to be fixed  by
 42        the board.
 43        (b)  Temporary permits for polysomnographic trainees shall be issued after
 44        applicants  have  met  the  requirements  of this chapter and submitted an
 45        application and payment of a fee in an amount to be fixed  by  the  board.
 46        Such  permits  shall be issued for a period of not more than one (1) year,
 47        the exact period to be fixed by the board. Such permits may be renewed  on
 48        their  expiration  date  upon completion of a renewal application and upon
 49        payment of a renewal fee in an amount to be fixed  by  the  board,  for  a
 50        period of one (1) year, with renewal limited to one (1) such renewal, pro-
 51        vided however, such permits for polysomnographic trainees shall be limited
 52        to a total period of two (2) years.
 53        (c)  Each  individual  applicant for renewal of an active permit shall, on
 54        or before the expiration date of the permit, submit satisfactory proof  to
 55        the  licensure board of successful completion of not less than twelve (12)
                                                                        
                                           6
                                                                        
  1        hours of approved continuing education per year in addition to  any  other
  2        requirements  for  renewal  as adopted by board rule. The board, as recom-
  3        mended by the licensure board, may substitute all  or  a  portion  of  the
  4        coursework  required  in  this  section when a permittee shows evidence of
  5        passing an approved challenge exam or of completing  equivalent  education
  6        as  determined  by the board, as recommended by the licensure board, to be
  7        in full compliance with the education requirements of this section.
  8        (7)  The provisions of this chapter governing  procedures  for  suspension
  9    and  revocation of licenses, payment and assessment of fees and governing mis-
 10    representation, penalties and severability and other administrative procedures
 11    shall apply equally to permits for the  practice  of  polysomnography  related
 12    respiratory care services as to licenses for the practice of respiratory care.
 13        (8)  Conditional   permit.   Any   individual   who   desires  to  provide
 14    polysomnography related respiratory care services as described in this chapter
 15    and who meets the requirements of subsection (2) of this section, as  well  as
 16    the  necessary requirements as outlined below, may make application for a con-
 17    ditional permit as follows:
 18        (a)  An applicant for a conditional polysomnographic  technologist  permit
 19        must  provide evidence satisfactory to the board of the successful comple-
 20        tion of the certification examination  as  a  registered  polysomnographic
 21        technologist  administered  by  the  board  of registered polysomnographic
 22        technologists (BRPT) or an equivalent examination, approved by the  board,
 23        as recommended by the licensure board.
 24        (b)  An  applicant  for  a  conditional polysomnographic technician permit
 25        must provide evidence satisfactory to the board of the successful  comple-
 26        tion  of  a minimum of seven hundred twenty (720) hours of experience pro-
 27        viding polysomnography services as a paid employee or contractor.
 28        (c)  An applicant for a conditional polysomnographic trainee  permit  must
 29        provide evidence satisfactory to the board of the successful completion of
 30        a  minimum  of  three  hundred  sixty  (360) hours of experience providing
 31        polysomnography services as a paid employee or contractor.
 32        (d)  Conditional permits referred shall be issued on or after  January  1,
 33        2004,  and shall be issued until such time as the board may adopt rules as
 34        may be required for the issuance of regular permits as provided in subsec-
 35        tions (3) through (7) of this section.
                                                                        
 36        SECTION 3.  That Section 54-4313, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        54-4313.  LICENSURE  BOARD.  (1) The licensure board shall consist of five
 39    (5) members appointed by the board, three  (3)  of  whom  shall  be  certified
 40    respiratory  care  practitioners,  one  (1)  of  whom,  in addition to being a
 41    licensed respiratory care practitioner, shall also be an Idaho permitted  reg-
 42    istered  polysomnographic  technologist, and all of whom shall be residents of
 43    Idaho at the time of their appointment and for their term of service. The per-
 44    sons appointed to the licensure board who are required to  be  licensed  under
 45    this  chapter  shall  have been engaged in rendering respiratory care services
 46    and polysomnography related respiratory care services,  respectively,  to  the
 47    public,  in  teaching,  or in research in respiratory care and polysomnography
 48    related respiratory care services, respectively, for at least five  (5)  years
 49    immediately  preceding their appointments. These members shall at all times be
 50    holders of valid licenses for the practice of respiratory care  in  Idaho  and
 51    one  (1) such member shall be a holder of a valid Idaho permit as a registered
 52    polysomnographic technologist, except for the members of the first board,  all
 53    of  whom  shall, at the time of appointment, hold the designation of certified
                                                                        
                                           7
                                                                        
  1    respiratory therapy technician or registered respiratory  therapist  conferred
  2    by  the  national  board  for respiratory  care, inc. and all of whom meet the
  3    requirements for licensure under the provisions of this chapter. The remaining
  4    two (2) members of the licensure board shall be members of health  professions
  5    or  members  of  the public with an interest in the rights of the consumers of
  6    health services.
  7        (2)  The board, within sixty (60) days following  the  effective  date  of
  8    this  chapter, shall appoint two (2) licensure board members for a term of one
  9    (1) year; two (2) for a term of two (2) years; and one (1) for a term of three
 10    (3) years. Appointments made thereafter shall be for three (3) year terms, but
 11    no person shall be appointed to serve more than  two  (2)  consecutive  terms.
 12    Terms  shall  begin  on the first day of the calendar year and end on the last
 13    day of the calendar year or until successors are  appointed,  except  for  the
 14    first  appointed  members who shall serve through the last calendar day of the
 15    year in which they are appointed, before commencing the  terms  prescribed  in
 16    this section.
 17        (3)  The  two  (2)  members  of  the licensure board who shall be licensed
 18    respiratory care practitioners shall be selected  by  the  board  of  medicine
 19    after  considering  a  list  of  three  (3) qualified applicants for each such
 20    vacancy submitted by the Idaho society of respiratory care or other interested
 21    associations. The member of the licensure board who shall be a licensed respi-
 22    ratory care practitioner and an Idaho  permitted  registered  polysomnographic
 23    technologist  shall  be  selected by the board of medicine after considering a
 24    list of three (3) qualified applicants submitted by the Idaho  sleep  disorder
 25    association  or  other  interested  associations. The remaining two (2) public
 26    members shall be selected by the board of medicine which may  solicit  nomina-
 27    tions  of  qualified applicants submitted by the Idaho society for respiratory
 28    care, the Idaho sleep disorder association or other interested associations or
 29    individuals.
 30        (4)  The licensure board shall within sixty (60) days after the  effective
 31    date  of  this  chapter,  and  annually thereafter, hold a meeting and elect a
 32    chairman who shall preside at meetings of the licensure board.  In  the  event
 33    the  chairman  is  not  present  at any licensure board meeting, the licensure
 34    board may by majority vote of the members present appoint a  temporary  chair-
 35    man.  A majority of the members of the licensure board shall constitute a quo-
 36    rum. Other meetings may be convened at the call of the chairman or the written
 37    request of any two (2) licensure board members.
 38        (45)  Each member of the licensure board shall be compensated as  provided
 39    in section 59-509(h), Idaho Code.
                                                                        
 40        SECTION  4.  The first vacancy on the licensure board which occurs follow-
 41    ing the passage of this act shall be filled by the appointment of  a  licensed
 42    respiratory  care  practitioner who is also the holder of a valid Idaho permit
 43    as a registered polysomnographic technologist when the rules to  provide  such
 44    designation have been adopted by the board.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE
                                
                            RS 13155
                                


The Idaho State Board of Medicine has suggested that some
sleep disorder clinic or laboratory personnel (polysomnographers)
have been practicing respiratory therapy without a license.  The
purpose of this legislation is to provide for the issuance of
limited permits to some polysomnographers allowing them to
continue to perform their limited scope of duties in the field of
respiratory therapy without becoming licensed as full-fledged
respiratory therapists.  The legislation provides qualifications
for permits, including educational requirements, and places
polysomnographers under the direction of the respiratory therapy
licensure board, a board under the direction of the Idaho State
Board of Medicine.



FISCAL IMPACT

This bill will have no impact on the General Fund. 






                    Contact:  Molly Creswell
                    Givens Pursley LLP
                    388-1200
          











STATEMENT OF PURPOSE/FISCAL NOTE                   S 116