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H0012...........................................................by MR. SPEAKER Requested by: Board of Medicine MEDICINE BOARD - Amends existing law to require that applicants for licensure by written examination or licensure by endorsement to practice medicine and surgery or osteopathic medicine and surgery shall include fingerprint-based criminal history checks. 01/06 House intro - 1st rdg - to printing Rpt prt - to Health/Wel 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 62-2-6 AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Mitchell, Moyle, Naccarato, Nielsen, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- Barrett, McKague Absent and excused -- Crow, Edmunson, Miller, Raybould, Ridinger, Wood Floor Sponsor - Ring Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Health/Wel 03/14 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 31-1-3 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Sorensen, Stegner, Sweet, Werk, Williams NAYS -- Schroeder Absent and excused -- Brandt, Davis, Stennett Floor Sponsor - Bailey Title apvd - to House 03/20 To enrol 03/21 Rpt enrol - Sp signed 03/24 Pres signed 03/25 To Governor 03/27 Governor signed Session Law Chapter 126 Effective: 05/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 12 BY MR. SPEAKER Requested by: Board of Medicine 1 AN ACT 2 RELATING TO LICENSURE BY THE BOARD OF MEDICINE; AMENDING SECTION 54-1810, 3 IDAHO CODE, TO REQUIRE THAT APPLICANTS FOR LICENSURE BY WRITTEN EXAMINA- 4 TION TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY 5 SHALL INCLUDE FINGERPRINT-BASED CRIMINAL HISTORY CHECKS; AMENDING SECTION 6 54-1811, IDAHO CODE, TO REQUIRE THAT APPLICANTS FOR LICENSURE BY ENDORSE- 7 MENT TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY 8 SHALL INCLUDE FINGERPRINT-BASED CRIMINAL HISTORY CHECKS; DECLARING AN 9 EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 54-1810, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-1810. LICENSURE BY WRITTEN EXAMINATION. Any person seeking to be 14 licensed to practice medicine and surgery or osteopathic medicine or osteop- 15 athic medicine and surgery in this state must successfully complete the fol- 16 lowing requirements before a license will be issued: 17 (1) Each applicant must submit a completed written application to the 18 board on forms furnished by the board which shall require proof of graduation 19 from a medical school acceptable to the board and successful completion of a 20 postgraduate training program acceptable to the board. The application shall 21 require a fingerprint-based criminal history check of the Idaho central crimi- 22 nal database and the federal bureau of investigation criminal history data- 23 base. Each applicant must submit a full set of the applicant's fingerprints on 24 forms supplied by the board which shall be forwarded to the Idaho department 25 of law enforcement and the federal bureau of investigation identification 26 division for this purpose. 27 (2) Each applicant must pass an examination conducted by or acceptable to 28 the board which shall thoroughly test the applicant's fitness to practice med- 29 icine. If an applicant fails to pass the examination on two (2) separate occa- 30 sions, he shall not be eligible to take the examination for at least one (1) 31 year, and before taking the examination again, he must make a showing to the 32 board that he has successfully engaged in a course of study for the purpose of 33 improving his ability to engage in the practice of medicine. Applicants who 34 fail two (2) separate examinations in another state, territory, or district of 35 the United States or Canada, must make the same showing of successful comple- 36 tion of a course of study prior to examination for licensure. 37 (3) The board may require an applicant to be personally interviewed by 38 the board or a designated committee of the board. Such an interview shall be 39 limited to a review of the applicant's qualifications and professional creden- 40 tials. 41 SECTION 2. That Section 54-1811, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 54-1811. LICENSURE BY ENDORSEMENT. Any person seeking to be licensed to 2 practice medicine in this state who is licensed to practice medicine in 3 another state must successfully complete the following requirements before a 4 license to practice medicine will be issued: 5 (1) Each applicant must submit a completed written application to the 6 board on forms furnished by the board which shall require proof of graduation 7 from a medical school acceptable to the board and successful completion of a 8 postgraduate training program acceptable to the board and which contains proof 9 that the applicant has any one (1) of the following qualifications: 10 (a) The applicant is a diplomate of the national board of medical examin- 11 ers or the national board of examiners for osteopathic physicians and sur- 12 geons; 13 (b) The applicant holds a valid, unrevoked, unsuspended license to prac- 14 tice medicine and surgery, or osteopathic medicine and surgery in a state, 15 territory or district of the United States or Canada, and the applicant 16 demonstrates that he possesses the requisite qualifications to provide the 17 same standard of health care as provided by licensed physicians in this 18 state. The board may require further examination to establish such quali- 19 fications. 20 (2) The application shall require a fingerprint-based criminal history 21 check of the Idaho central criminal database and the federal bureau of inves- 22 tigation criminal history database. Each applicant must submit a full set of 23 the applicant's fingerprints on forms supplied by the board which shall be 24 forwarded to the Idaho department of law enforcement and the federal bureau of 25 investigation identification division for this purpose. 26 (3) The board may require an applicant to be personally interviewed by 27 the board or a designated committee of the board. The interview shall be lim- 28 ited to a review of the applicant's qualifications and professional creden- 29 tials. 30 SECTION 3. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval, and retroactively to May 1, 2002.
STATEMENT OF PURPOSE RS 12323 The Purpose of this legislation is to amend existing law to add language to comply with the Federal Bureau of Investigation (FBI) requirement, Pub. L. 92-544, that Idaho's state statute establishing guidelines for issuance of a license must, in itself, require fingerprinting and authorize the licensing agency to exchange fingerprint data with the FBI to allow access to criminal history record information maintained by the FBI. According to the Department of Justice, agency rules or regulations do not comply with this requirement. FISCAL IMPACT There is no Fiscal Impact to the General Fund. The Fiscal Impact to the Board of Medicine's dedicated fund is an ongoing cost of approximately $9,000 annually for the processing of fingerprints for an average of 220 physician applicants. CONTACT Name: Mary Leonard Agency: Medicine, Board of Phone: 327-7000 Statement of Purpose/Fiscal Impact