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H0033...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
PROFESSIONAL LICENSES - Amends existing law to revise provisions relating to
the renewal and reinstatement of certain professional licenses.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Bus
01/24 Rpt out - rec d/p - to 2nd rdg
01/27 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 64-3-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23), Gagner,
Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
Moyle, Nacarrato, 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, Crow, McKague
Absent and excused -- Bieter, Field(18), Schaefer
Floor Sponsor - Cannon
Title apvd - to Senate
01/29 Senate intro - 1st rdg - to Com/HuRes
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 34-0-1
AYES -- 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 -- Andreason
Floor Sponsor - Goedde
Title apvd - to House
02/11 To enrol
02/12 Rpt enrol - Sp signed
02/13 Pres signed
02/14 To Governor
02/18 Governor signed
Session Law Chapter 21
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 33 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO PROFESSIONAL LICENSES; AMENDING SECTION 54-304, IDAHO CODE, TO 3 PROVIDE DESCRIPTIVE LANGUAGE, TO REVISE LICENSE RENEWAL AND REINSTATEMENT 4 PROVISIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-507, 5 IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR A JULY RENEWAL DATE; AMENDING 6 SECTION 54-515, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TO REVISE 7 LICENSE RENEWAL AND REINSTATEMENT PROVISIONS; AMENDING SECTION 54-518, 8 IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR LICENSE EXPIRATION IN JUNE 9 AND TO ALLOW FEES TO BE PRORATED OR REFUNDED; AMENDING SECTION 54-607, 10 IDAHO CODE, TO REVISE LICENSE RENEWAL AND REINSTATEMENT PROVISIONS AND TO 11 MAKE A GRAMMATICAL CHANGE; AMENDING SECTIONS 54-708 AND 54-815, IDAHO 12 CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TO REVISE LICENSE RENEWAL AND 13 REINSTATEMENT PROVISIONS; AMENDING SECTION 54-1115A, IDAHO CODE, TO REVISE 14 LICENSE RENEWAL AND REINSTATEMENT PROVISIONS; AMENDING SECTION 54-1522, 15 IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO REVISE LICENSE RENEWAL AND 16 REINSTATEMENT PROVISIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC- 17 TION 54-1608, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO REVISE 18 LICENSE RENEWAL AND REINSTATEMENT PROVISIONS AND TO MAKE A GRAMMATICAL 19 CHANGE; AMENDING SECTION 54-2315, IDAHO CODE, TO PROVIDE DESCRIPTIVE LAN- 20 GUAGE, TO REVISE LICENSE RENEWAL AND REINSTATEMENT PROVISIONS AND TO PRO- 21 VIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-2906, IDAHO CODE, TO REMOVE 22 LANGUAGE PROVIDING EFFECTIVE DATES FOR LICENSES AND TO MAKE TECHNICAL COR- 23 RECTIONS; AMENDING SECTION 54-2911, IDAHO CODE, TO REVISE LICENSE RENEWAL 24 AND REINSTATEMENT PROVISIONS, TO REMOVE DESCRIPTIVE LANGUAGE AND TO MAKE 25 TECHNICAL CORRECTIONS; AMENDING SECTION 54-3003, IDAHO CODE, TO PROVIDE 26 DESCRIPTIVE LANGUAGE AND TO REVISE LICENSE RENEWAL AND REINSTATEMENT PRO- 27 VISIONS; AMENDING SECTION 54-3209, IDAHO CODE, TO REVISE PROVISIONS RELAT- 28 ING TO LICENSING FEES AND LICENSE RENEWAL; AMENDING SECTION 54-3313, IDAHO 29 CODE, TO REMOVE LANGUAGE PROVIDING EFFECTIVE DATES FOR LICENSES; AMENDING 30 SECTIONS 54-3316 AND 54-3415, IDAHO CODE, TO REVISE LICENSE RENEWAL AND 31 REINSTATEMENT PROVISIONS; AMENDING SECTION 54-4114, IDAHO CODE, TO PROVIDE 32 DESCRIPTIVE LANGUAGE AND TO REVISE LICENSE RENEWAL AND REINSTATEMENT PRO- 33 VISIONS; AMENDING SECTION 54-4209, IDAHO CODE, TO REVISE LICENSE RENEWAL 34 AND REINSTATEMENT PROVISIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING 35 SECTION 54-4710, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TO REVISE 36 LICENSE RENEWAL AND REINSTATEMENT PROVISIONS; AND AMENDING SECTION 37 67-2614, IDAHO CODE, TO REVISE LICENSE RENEWAL AND REINSTATEMENT PROVI- 38 SIONS AND TO MAKE GRAMMATICAL CHANGES. 39 Be It Enacted by the Legislature of the State of Idaho: 40 SECTION 1. That Section 54-304, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-304. FEES -- ISSUANCE OF LICENSES -- RENEWAL AND REINSTATEMENT. Every 43 person applying for examination for a license under this chapter shall pay a 2 1 fee equal to that charged by the national examining entity plus a processing 2 fee of twenty-five dollars ($25.00) to the bureau of occupational licenses. In 3 case the applicant fails to qualify, said fee shall be retained by the bureau 4 to cover the necessary expenses of said examination. If the result of the 5 examination of any applicant shall be satisfactory to the board, under its 6 rules, it shall issue to such applicant a certificate setting forth the fact 7 that he is a licensed architect and authorized to practice his profession in 8 this state. The fee for reexamination shall be equal to that charged by the 9 national examining entity plus a processing fee of twenty-five dollars 10 ($25.00). The fee for obtaining a license underthe provisions of subsection 111ofsection 54-302A 1., Idaho Code, shall be an amount not to exceed two hun- 12 dred dollars ($200). The fee for permission undersubsection 2 ofsection 13 54-302A 2., Idaho Code, shall be an amount not to exceed two hundred dollars 14 ($200). The annual fee for renewal of a license shall be an amount not to 15 exceed one hundred dollars ($100), which shall be paid to the bureau.The fee16for reinstatement of any license shall be as provided in section 67-2614,17Idaho Code.The board shall adopt fees by rule. All licenses issued under the 18 provisions of this chapter shall be subject to annual renewal and shall expire 19 unless renewed in the manner prescribed by the board regarding applications 20 for renewal, continuing education, and fees. License renewal and reinstatement 21 shall be in accordance with section 67-2614, Idaho Code. 22 SECTION 2. That Section 54-507, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-507. APPROVED BARBER COLLEGES -- REQUIREMENTS -- BOND. No school 25 teaching the art or science of barbering shall operate or be licensed as a 26 school of barbering, unless the entrance requirements are equal to those which 27 are required under section 54-506, Idaho Code. An approved college may teach 28 special courses, but as a prerequisite to graduation the college must provide: 29 (1) A course of instruction for barber-stylists of not less than one 30 thousand eight hundred (1,800) hours and include in its course of instruction 31 the scientific fundamentals for barbering: hygiene; bacteriology; histology of 32 the hair, skin, nails, muscles and nerves; structure of the head, face and 33 neck; elementary chemistry relating to sterilization and antiseptics; diseases 34 of the skin, hair, glands and nails; massaging and manipulating the muscles of 35 the upper body; hair cutting; shaving; and arranging, dressing, curling, 36 waving, straightening, coloring, bleaching and tinting of the hair; and 37 (2) A course of instruction for barbers of not less than nine hundred 38 (900) hours and include in its course of instruction the scientific fundamen- 39 tals for barbering: hygiene; bacteriology; histology of the hair, skin, nails, 40 muscles and nerves; structure of the head, face and neck; elementary chemistry 41 relating to sterilization and antiseptics; diseases of the skin, hair, glands 42 and nails; massaging and manipulating the muscles of the upper body; hair cut- 43 ting; shaving; and arranging and dressing of the hair. 44 For the purpose of this chapter, a recognized approved barber school or 45 college (hereinafter referred to as a college) shall be understood to be a 46 college that has met with the provisions of this chapter, and has a valid 47 unrevoked license issued by the board, to the effect that said college is 48 approved by the state of Idaho. 49 No college in the state shall advertise or use any signs or terms to indi- 50 cate that the college is approved, recognized, accredited, certified, or 51 licensed unless said college is licensed by the board. Every college shall 52 advertise as a college and make known to the public and customers that the 53 work is being done by students. 3 1 All instructors in an approved college must be licensed in the state of 2 Idaho as a barber instructor or a cosmetology instructor. 3 Every instructor in an approved college shall devote his or her entire 4 time during class hours to that of instructing the students and shall not 5 apply his time to that of private or public practice during the school or 6 class hours. 7 A college furnishing satisfactory evidence that it is maintaining the 8 requirements set forth in this chapter, whether located within or without the 9 state, shall, upon the payment of the required fee, be issued a license to the 10 effect that the college is approved by the board. 11 A license issued to a college must be renewed annually.on July first of12each year.Should a college fail or refuse to renew a license said college 13 shall cease to operate if within the state of Idaho and be removed from the 14 list of the approved colleges. 15 The board may cancel or refuse to renew a license issued to a college upon 16 proof that said college has failed or refused to meet with the requirements 17 for approved colleges set forth in this chapter. 18 One (1) instructor must be employed to each fifteen (15) students or frac- 19 tional part thereof and one (1) barber instructor must be employed on a full- 20 time basis in each school or college. 21 Every school or college approved by the board shall deliver to the board, 22 a bond to the state of Idaho in a form approved by the board, and renew the 23 same annually, in the sum of two thousand dollars ($2,000), executed by a cor- 24 porate surety company duly authorized to do business in this state, condi- 25 tioned that such school or college shall continue to give its courses of 26 instruction, in accordance with the provision of this chapter, until it has 27 completed all such courses for which students have enrolled, and conditioned 28 that such school or college shall fully comply with all promises or represen- 29 tations made to enrolled students as an inducement to such students to enroll. 30 Any student so enrolled who may be damaged by reason of the failure of such 31 school or college to comply with such conditions, shall have a right of action 32 in his or her own name, on such bonds, for such damage. 33 SECTION 3. That Section 54-515, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-515. RENEWAL AND REINSTATEMENT OF LICENSES. All persons required to 36 procure licenses from the board of barber examiners as a prerequisite for 37 engaging in a trade, occupation or profession, or for the operation of a bar- 38 ber shop, must annually renew the same in accordance with the provisions of 39 section 67-2614, Idaho Code. All licenses issued under the provisions of this 40 chapter shall be subject to annual renewal and shall expire unless renewed in 41 the manner prescribed by the board regarding applications for renewal, con- 42 tinuing education, and fees. License renewal and reinstatement shall be in 43 accordance with section 67-2614, Idaho Code. 44 SECTION 4. That Section 54-518, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 54-518. FEES. The various fees to be paid by applicants for original reg- 47 istrations, original licenses, annual renewals, and examinations as required 48 under this chapter shall be fixed by rules of the board in amounts not to 49 exceed the following: 50 (1) Original licenses and annual renewals thereof: 51 approved barber college within the state, original license/annual 4 1 renewals......................................................$200.00 2 approved barber college located outside the state, original 3 license/annual renewals........................................100.00 4 barbershop original license/annual renewals.....................50.00 5 barber, original license/annual renewals........................50.00 6 barber-stylist, original license/annual renewals................50.00 7 teacher, original license/annual renewals.......................60.00 8 student registration (no renewal fees required).................60.00 9 temporary permit fee (no renewal fees required).................60.00 10 endorsement.....................................................80.00 11 (2) Examination/Reexamination: 12 barber........................................................$ 75.00 13 teacher license examination....................................100.00 14 All fees shall be paid to the bureau of occupational licenses.Fees shall15not be prorated or refundable.The fee for reinstatement shall be as provided 16 in section 67-2614, Idaho Code.All licenses expire on June 30.17 SECTION 5. That Section 54-607, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-607. LICENSES -- ISSUANCE -- RENEWALS -- DISPLAY. If the applicant 20 shall pass a satisfactory examination, and shall show that he is a person of 21 good moral character and he possesses the qualifications required by this 22 chapter to entitle him to a license as a podiatrist, he shall be entitled to a 23 license authorizing him to practice podiatry within the state of Idaho. Said 24 successful applicant shall be issued his license by the board upon payment of 25 the original license fee which shall be the same fee as required for renewal. 26 All licensesto practice podiatryissued under the provisions of this 27 chapter shall be subject to annual renewal and shall expireon the 30th day of28June of each year; all licensed podiatrists are entitled to and shall renew29their licenses on or before the 1st day of July of each year; and shall make30application therefor, accompanied byunless renewed in the manner prescribed 31 by the board regarding applications for renewal, continuing education, and 32 fees. License renewal and reinstatement shall be in accordance with section 33 67-2614, Idaho Code. Aan annual renewal license fee established by board rule 34 shall nottoexceed four hundred dollars ($400) for podiatrists. Payment of 35 fees herein provided, and satisfactory evidence of having complied with con- 36 tinued education requirements as established by board rules are a condition 37 precedent for issuance of a license. 38 Every person to whom a license is granted shall have such license dis- 39 played continuously in a conspicuous part of his office wherein his practice 40 of podiatry is conducted. 41 The board shall keep on file a register of all applicants for license, 42 rejected applicants, and licensees. 43 The fee for reinstatement of a license shall be as provided in section 44 67-2614, Idaho Code. All fees shall be paid to the bureau of occupational 45 licenses. 46 SECTION 6. That Section 54-708, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 54-708. BOARD TO ISSUE LICENSES -- RENEWAL AND REINSTATEMENT. (1) The 49 board shall issue licenses to practice chiropractic to persons who have quali- 50 fied therefor in accordance with the provisions of this chapter. The board may 51 refuse licensure if it finds that the applicant has engaged in conduct prohib- 5 1 ited by sections 54-704 and 54-712, Idaho Code, provided, that the board shall 2 take into consideration the rehabilitation of the applicant and other mitigat- 3 ing circumstances. Such licenses shall be issued after payment of the licens- 4 ing fee in an amount to be fixed by the board, and such licenses shall be5issued for a period of one (1) year. Licenses to practice chiropractic shall6be renewed on their expiration upon completion of a renewal application and7upon payment of a renewal fee, the amount of which shall be fixed by the8board, which fee shallnot to exceed one hundred dollars ($100). All licenses 9 issued under the provisions of this chapter shall be subject to annual renewal 10 and shall expire unless renewed in the manner prescribed by the board regard- 11 ing applications for renewal, continuing education, and fees. License renewal 12 and reinstatement shall be in accordance with section 67-2614, Idaho Code. 13 (2) The board may renew, on an inactive basis, the license of a physician 14 who is not practicing chiropractic in this state. The board shall fix and col- 15 lect an inactive license fee for such an inactive license renewal in an amount 16 not to exceed one hundred dollars ($100) and each inactive license shall be 17 issued for a period of one (1) year. A physician holding an inactive license 18 may not engage in the practice of chiropractic in this state. If a physician 19 wishes to convert his inactive license to an active license, he must account 20 to the board for that period of time in which he held an inactive license. All 21 fees authorized by subsections (1) and (2) of this section shall be paid to 22 the bureau of occupational licenses. 23 (3) Whenever the board determines that an applicant for a license to 24 practice chiropractic is not qualified for such a license pursuant to the pro- 25 visions of this chapter, the board shall notify the applicant by certified 26 mail of its denial of licensure and the reasons for denial. 27 SECTION 7. That Section 54-815, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-815. RENEWAL AND REINSTATEMENT OF LICENSES.Upon the renewal date of30June 30, 1965, every license or certificate of registration required by this31chapter must be renewed for a period of eighteen (18) months, thereby making32such renewed license or certificate of registration valid until December 31,331966. A fee of one and one-half (1 1/2) times the ordinary renewal fee shall34be charged for such eighteen (18) month renewal. Commencing with the year351966, eEvery license or certificate of registration required by this chapter 36 must be renewed annually, at the prescribed annual fee,on or before December3731in accordance with section 67-2614, Idaho Code. An expired license or cer- 38 tificate may be reinstated.within five (5) years of the date of expiration39upon payment of the reinstatement fees and the furnishing of said person's40qualifications to resume practiceAll licenses issued under the provisions of 41 this chapter shall be subject to annual renewal and shall expire unless 42 renewed in the manner prescribed by the board regarding applications for 43 renewal, continuing education, and fees. License renewal and reinstatement 44 shall be in accordance with section 67-2614, Idaho Code. The reinstatement fee 45 shall be the sum of the accumulated annual renewal fees for the lapsed period, 46 plus the current renewal fee and a twenty-five dollar ($25.00) penalty. 47 SECTION 8. That Section 54-1115A, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 54-1115A. ANNUAL RENEWAL-- CANCELLATION-- REINSTATEMENT. All licenses 50 issuedpursuant to this actunder the provisions of this chapter shall be sub- 51 ject to annual renewal and shall expireon June 30 of each year; all licensees6 1shall renew their licenses on or before July 1 of each yearunless renewed in 2 the manner prescribed by the board regarding applications for renewal, con- 3 tinuing education, and fees. License renewal and reinstatement shall be in 4 accordance with section 67-2614, Idaho Code. In the event a licensee fails to 5 renew a license as provided, theboard shall immediately cancel the license6following the date of delinquency; provided however, that the board may rein-7state any license canceled for failure to renew the same on payment ofrein- 8 statement fee shall be two hundred fifty dollars ($250), together with all9fees delinquent at the time of cancellation and the renewal fee for each year10thereafter up to the time of reinstatement.11Provided further, that where a license has been canceled for a period of12more than five (5) years, the person so affected shall be required to make13application to the board, using the same forms and furnishing the same infor-14mation as required of a person originally applying for a license, and pay the15same fee that is required of a person taking the examination in the particular16profession in which said person holds a canceled Idaho license. Said applicant17shall appear in person before the board at any regular or special meeting for18an examination, the nature of which shall be determined by the board. If after19an examination, the board is of the opinion that the person examined is the20bona fide holder of the canceled license, is of good moral character and, if21found capable of again practicing in this state the profession for which the22original or canceled license was granted, the license shall be reinstated and23the holder thereof entitled to practice subject to the laws of this state. 24 SECTION 9. That Section 54-1522, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-1522. LICENSES -- ISSUANCE -- RENEWAL AND REINSTATEMENT -- RECORDING 27 AND DISPLAY. If the applicant shall pass a satisfactory examination and shall 28 show that he is a person of good moral character and that he possesses the 29 qualifications required in this chapter to entitle him to be licensed as an 30 optometrist, then, upon request, such applicant shall be entitled to a license 31 authorizing the applicant to practice optometry in the state of Idaho. All 32 licenses to practice optometry shall be issued in the name of the Idaho state 33 board of optometry with the seal thereof attached.All licenses so issued34shall expire on the thirtieth day of June following the issuance of the35license and all persons who practice optometry within the meaning of this36chapter are entitled to renew and shall renew their licenses on the first day37of July each calendar yearAll licenses issued under the provisions of this 38 chapter shall be subject to annual renewal and shall expire unless renewed in 39 the manner prescribed by the board regarding applications for renewal, con- 40 tinuing education, and fees. License renewal and reinstatement shall be in 41 accordance with section 67-2614, Idaho Code. The failure to timely renew a 42 license under this section shall require the payment of a fee of one hundred 43 fifty dollars ($150) for a license renewal in addition to other fees which may 44 be required, or other sanctions which may be imposed under thisactchapter. 45 Every person to whom a license is granted shall display the same, or a copy of 46 the same certified to by the board in a conspicuous part of his office wherein 47 the practice of optometry is conducted. It shall be unlawful for any person 48 to practice optometry in the state of Idaho before complying with these 49 requirements. 50Any person licensed to practice optometry in the state of Idaho on the51effective date of this act shall be eligible to renew his license on the first52day of July following the effective date of this act.7 1 SECTION 10. That Section 54-1608, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-1608. ATTENDANCE AT CONTINUING EDUCATION PROGRAM -- REVOCATION OR SUS- 4 PENSION -- RENEWALOF LAPSED LICENSESAND REINSTATEMENT. (1) Every individual 5 who holds a valid license as a nursing home administrator issued by the board 6under section 54-1607(1), Idaho Code,shall annually be required to apply to 7 the board for a renewal of license and report any facts requested by the board 8 on forms provided for such purpose.A license not timely renewed shall be can-9celed immediatelyAll licenses issued under the provisions of this chapter 10 shall be subject to annual renewal and shall expire unless renewed in the man- 11 ner prescribed by the board regarding applications for renewal, continuing 12 education, and fees. License renewal and reinstatement shall be in accordance 13 with section 67-2614, Idaho Code. 14 (2) Upon making an application for a renewal of license,sucheach indi- 15 vidual shall pay an annuallicenserenewal fee,andat the same time shall16 submit evidence satisfactory to the boardthat during the twelve (12) month17period immediately preceding such application for renewal of license he has18successfully attendeddocumenting the attendance and completion of a continu- 19 ing education program or course of study as may be provided in the rules of 20 the board. 21 (3) Upon receipt of such application for renewal of license, the license 22 fee, and the evidence required with respect to continuing education, the board 23 shall issue a renewal of license to such nursing home administrator. 24 (4) The licensed nursing home administrator who fails to comply with the 25 provisions of this section, and who continues to act as a nursing home admin- 26 istrator, shall be subject to discipline by the board, in accordance with the 27 provisions of this act. 28(5) A nursing home administrator who has been duly licensed in this state29and whose license shall not have been revoked or suspended, and whose license30has expired for a period of not longer than five (5) years, may renew his31license within the state upon complying with the provisions of this section32for renewal of license and also filing with the board an affidavit in accor-33dance with the rules of the board, and payment of a one hundred dollar ($100)34reinstatement fee together with fees for back years.35(6) A nursing home administrator whose license has been expired for five36(5) or more years, must reapply for licensure under the provisions of section3754-1605, Idaho Code.38 SECTION 11. That Section 54-2315, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-2315. ADMINISTRATION BY BUREAU OF OCCUPATIONAL LICENSES -- FEE FOR 41 RENEWAL OF LICENSE -- RENEWAL AND REINSTATEMENT. Thisactchapter shall be 42 administered by the bureau of occupational licenses. The fee for renewal of 43 license shall be a fee as established by board rule not to exceed two hundred 44 twenty-five dollars ($225) per annum. 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 SECTION 12. That Section 54-2906, Idaho Code, be, and the same is hereby 50 amended to read as follows: 8 1 54-2906. LICENSING OF APPLICANTS -- FEE -- RECIPROCAL LICENSING -- FEE. 2 (a1) The board shall issue a license to each applicant without discrimination 3 who passes an examination as provided in section 54-2907, Idaho Code, meets 4 the other requirements of this chapter, and remits a license fee. The license 5 fee and renewal fees shall be established by board rule and shall be at least 6 twenty dollars ($20.00) but not more than two hundred fifty dollars ($250). 7The license shall be effective until June 30 of the year following the year in8which it was issued.9 (b2) Whenever the board determines that another state has requirements 10 substantially equivalent to or higher than those in effect pursuant to this 11 chapter and that such state has a program equivalent to or stricter than the 12 program for determining whether applicants pursuant to this chapter are quali- 13 fied to engage in the practice of fitting of and dealing in hearing aids, and 14 provided such other state will license without examination and upon substan- 15 tially the same conditions an applicant holding a license issued under this 16 chapter pursuant to sections 54-2906 and 54-2911, Idaho Code, the board may 17 issue licenses to applicants who hold current, unsuspended and unrevoked 18 licenses to fit and sell hearing aids in such other state and pay the license 19 fee as established by board rule. 20 SECTION 13. That Section 54-2911, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-2911. ANNUAL RENEWAL OF LICENSES -- CONTINUING EDUCATION -- FEE -- 23GRACE PERIOD --REINSTATEMENT FEE. (a1)A license issued under this chapter24shall expire on June 30 of the year following the year in which it was issued25 All licenses issued under the provisions of this chapter shall be subject to 26 annual renewal and shall expire unless renewed in the manner prescribed by the 27 board regarding applications for renewal, continuing education, and fees. 28 License renewal and reinstatement shall be in accordance with section 67-2614, 29 Idaho Code. 30 (b2) Each person who engages in the practice of fitting of and dealing in 31 hearing aids shall, on or beforeJune 30the expiration of his license, submit 32 an application and pay to the board a license fee for a renewal of his license 33 and shall keep such license posted in his office or established place of busi- 34 ness at all times. 35(c) A thirty (30) day grace period shall be allowed after June 30, during36which time licenses may be renewed on payment of the required fee to the37board. After expiration of the grace period, the board may renew such license38upon payment of a reinstatement fee of twenty-five dollars ($25.00) together39with all delinquent renewal fees and the person providing evidence of satis-40factory completion of all continuing education requirements. The grace period41shall only be applicable to the obtaining of a license renewal and shall not42constitute authorization to engage in the practice of fitting of and dealing43in hearing aids. If a license is not renewed within three (3) years of its44expiration, the applicant shall apply for a license pursuant to sections4554-2906, 54-2907 and 54-2909, Idaho Code.46 (d3) Each person who engages in the practice of fitting of and dealing in 47 hearing aids shall annually comply with the continuing education requirements 48 not to exceed ten (10) hours annually, in courses approved by the board for 49 continuing education hours. 50 SECTION 14. That Section 54-3003, Idaho Code, be, and the same is hereby 51 amended to read as follows: 9 1 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD -- CERTIFICATES OF REG- 2 ISTRATION -- FEES -- RECIPROCITY -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS 3 AND CORPORATIONS -- RESTRICTION ON USE OF NAME -- SEAL. (a) Application and 4 practice. In order to safeguard human health and property, and to promote the 5 public welfare, any person in either public or private capacity practicing or 6 offering to practice landscape architecture for hire, shall be required to 7 submit evidence that he is qualified to so practice and shall be registered 8 under the provisions of this act. 9 (b) Qualifications. For license as a landscape architect, evidence must 10 be submitted to the board that the applicant: 11 (1) is eighteen (18) years of age or older; 12 (2) has, before admission to the examination, completed the course of 13 study in and been graduated from a college or school of landscape archi- 14 tecture approved by the board. He shall also submit, before admission to 15 the examination, evidence of actual practical experience in landscape 16 architectural work of grade and character satisfactory to the board. Each 17 complete year of study in such approved college or school of landscape 18 architecture may be accepted in lieu of one (1) year of such experience, 19 and the applicant must submit evidence of sufficient additional acceptable 20 experience to total four (4) years of combined education and experience. 21 In lieu of graduation from an accredited college or school of landscape 22 architecture, and the practical experience in addition thereto, an appli- 23 cant may be admitted to the examination upon presenting evidence of at 24 least four (4) years of actual, practical experience in landscape archi- 25 tectural work of a grade and character satisfactory to the board. 26 (c) Examinations. Examinations for the license shall be held by the board 27 at least once each year, provided that applications shall have been received 28 during the time announced. The board shall adopt rules covering the subjects 29 and scope of the examinations at the times designated. Every applicant for 30 license as a landscape architect shall be required, in addition to all other 31 requirements, to establish by written examination his competency to plan, 32 design, specify, and supervise the installation of landscape projects. Each 33 written examination may be supplemented by such oral examinations as the board 34 may determine. 35 (d) The board. There is hereby created in the department of self-govern- 36 ing agencies an Idaho state board of landscape architects. The board shall 37 consist of three (3) landscape architects. Members of the board shall be 38 appointed by the governor and must be residents of this state, have the quali- 39 fications of landscape architects required by this act, and after the initial 40 board is organized be licensed hereunder. The terms of the members of the 41 board first appointed shall expire as follows: 42 Two (2) members two (2) years later, one (1) member three (3) years later. 43 Thereafter, appointments shall be for four (4) year terms. Each member shall 44 hold office until the appointment and qualification of his successor. Vacan- 45 cies occurring prior to the expiration of the term shall be filled by 46 appointment in like manner for the unexpired term. The board may by written 47 agreement authorize the bureau of occupational licenses to act as agent in its 48 interest, and shall have the power to make such rules as shall be necessary in 49 the performance of its duties. The board shall elect, at its first meeting of 50 every calendar year, from its members, a president, and a secretary who may or 51 may not be a member of the board. The secretary shall hold such office at the 52 pleasure of the board and shall receive a salary fixed by the board. In carry- 53 ing out the provisions of this act, all members of the board shall be compen- 54 sated as provided by section 59-509(m), Idaho Code. Payment of travel and 55 other expenses shall be made from the occupational licenses fund. 10 1 (e) Revenue -- renewal and reinstatement.Certificates of registration2shall expire on the last day of June following their issuance or renewal.3Renewal may be effected during the month of June by payment to the board of4the required fee.5 (1)In case any registrant fails to pay the renewal fee before thirty6(30) days after the due date, the renewal fee shall be the current fee7plus an amount set by the board; provided, that any registrant in good8standing, upon fully retiring from landscape architectural practice, may9withdraw from practice by giving written notice to the board and may10thereafter resume practice at any time upon payment of the then current11renewal fee. Any registrant, other than a properly withdrawn licensee, who12fails to renew his registration for a period of one (1) year may be rein-13stated only on reexamination as is required for new registrants, or reci-14procity. The board shall issue a receipt to each landscape architect15promptly upon payment of the annual license fee.All licenses issued under 16 the provisions of this chapter shall be subject to annual renewal and 17 shall expire unless renewed in the manner prescribed by the board regard- 18 ing applications for renewal, continuing education, and fees. License 19 renewal and reinstatement shall be in accordance with section 67-2614, 20 Idaho Code. 21 (2) Amounts. The amount of fees shall be as determined by the board 22 within the following stated limits: 23 (A) The application fee not to exceed one hundred dollars ($100). 24 (B) The fee for examination to be established by board rule not to 25 exceed that charged by the council of landscape architectural regis- 26 tration board plus a twenty-five dollar ($25.00) processing fee. 27 (C) The fee for an original certificate and the annual license fee 28 not to exceed one hundred twenty-five dollars ($125). 29 (3) Refund. Fees shall be nonrefundable. 30 (4) Deposit. All fees received under the provisions of this act shall be 31 deposited in the state treasury to the credit of the occupational licenses 32 fund and all costs and expenses incurred by the board under the provisions 33 of this act shall be a charge against and paid from said fund for such 34 purposes, and the funds collected hereunder shall be immediately available 35 for the administration of this act, the provisions of any other law not- 36 withstanding. In no instance will the occupational licenses fund be obli- 37 gated to pay any claims which in aggregate with claims already paid exceed 38 the income to the occupational licenses fund which has been derived by the 39 application of this act. 40 (5) Appropriation. The money paid into the occupational licenses fund is 41 continuously appropriated to the board for expenditure in the manner pre- 42 scribed herein to defray the expenses of the board and in carrying out and 43 enforcing the provisions of this act. 44 (f) Reciprocal provisions. The board may certify for registration with 45 limited examination an applicant who is legally registered as a landscape 46 architect in any other state or country whose requirements for registration 47 are at least substantially equivalent to the requirements of this state. 48 (g) Exemptions. 49 (1) None of the provisions of this act shall prevent employees of those 50 lawfully practicing as landscape architects from acting under the instruc- 51 tion, control or supervision of their employers. 52 (2) None of the provisions of this act shall apply to the business con- 53 ducted in this state by any horticulturist, nurseryman, or landscape nurs- 54 eryman, gardener, landscape gardener, landscape designer, or landscape 55 contractor, as these terms are generally used, or any other person, 11 1 including, but not limited to, their right to plan and supervise in con- 2 nection therewith, except that no such person shall use the designation 3 "landscape architect," "landscape architecture," or any description tend- 4 ing to convey the impression that he is a registered landscape architect 5 unless he is registered as provided in this act. 6 (3) This act shall not apply to architects, professional engineers, geol- 7 ogists, and land surveyors, licensed to practice their respective profes- 8 sions. 9 (h) Act applies to natural persons only. 10 (1) All certificates of registration shall be issued to natural persons 11 only but nothing contained in this act shall prevent a duly registered 12 landscape architect from performing his services for a corporation, firm, 13 partnership, or association. 14 (2) Partners. Each partner in a partnership of landscape architects shall 15 be registered to practice. Subject to this requirement, a partnership of 16 landscape architects may use a partnership name if such name consists of: 17 (A) The names of two (2) or more landscape architects. 18 (B) The names of one or more landscape architects and one or more 19 professional engineers, architects, or planners. 20 (3) Any person applying to the licensing official of any county or city 21 for a business license to practice landscape architecture shall at the 22 time of such application exhibit to such licensing official satisfactory 23 evidence under the seal of the board and the hand of its secretary that 24 such applicant possesses a current registration. The license shall not be 25 granted until such evidence is presented, any contrary provision of any 26 special act or general act notwithstanding. 27 (i) Qualifications for practice -- seal: 28 (1) No person shall use the designation "landscape architect" or 29 "landscape architecture," or advertise any title or description tending to 30 convey the impression that he is a landscape architect, or practicing 31 landscape architecture, unless such person is a registered landscape 32 architect. Every holder of a registration certificate shall display it in 33 his principal office, place of business, or place of employment. 34 (2) Every landscape architect shall have a seal approved by the board, 35 which shall contain the name of the landscape architect and the words 36 "Registered Landscape Architect, State of Idaho," and such other words or 37 figures as the board may deem necessary and prescribe. All drawings and 38 title pages of specifications, prepared by such landscape architect or 39 under the supervision of such landscape architect, shall be stamped with 40 the aforesaid seal. Nothing contained herein shall be construed to permit 41 the seal of a landscape architect to serve as a substitute for the seal of 42 a licensed architect, a licensed professional engineer or a licensed land 43 surveyor. 44 SECTION 15. That Section 54-3209, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 54-3209. FEES -- LICENSING -- DURATION OF LICENSES. Each person licensed 47 to practice social work shall payto the bureau of occupational licensesa 48 license fee, not to exceed seventy-five dollars ($75.00) as determined by the 49 rules of the board, on July 1 of each year for the following fiscal year.50Licenses shall expire on the last day of the month of June following their51issuance and shall become invalid after that date. All licenses issued under 52 the provisions of this chapter shall be subject to annual renewal and shall 53 expire unless renewed in the manner prescribed by the board regarding applica- 12 1 tions for renewal, continuing education, and fees. Renewalmayshall be 2effectedin accordance with the requirements of section 67-2614, Idaho Code. 3 SECTION 16. That Section 54-3313, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-3313. LICENSING. A denturist license shall be valid for a period of 6 one (1) year, whereupon a renewal license will be issued upon payment of the 7 renewal fee and the submission of proof of the completion of not less than 8 twelve (12) hours continuing education accredited by the board during the one 9 (1) year immediately preceding the date of application for renewal.A license10issued effective as of a date other than July 1 will be valid until midnight11June 30 next following the date it was issued.The license shall bear on its 12 face the address where the licensee's denturist services will be performed. 13 SECTION 17. That Section 54-3316, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-3316. RENEWAL OR REINSTATEMENT OF LICENSE. All licenses issued under 16 the provisions of this chapter shall be subject to annual renewal and shall 17 expire unless renewed in the manner prescribed by the board regarding applica- 18 tions for renewal, continuing education, and fees.Renewal orLicense renewal 19 and reinstatementof a licenseshall begoverned by the provisions ofin 20 accordance with section 67-2614, Idaho Code. 21 SECTION 18. That Section 54-3415, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-3415. RENEWAL OR REINSTATEMENT OF LICENSE.Renewal or reinstatement24of licenses shall be governed by the provisions ofAll licenses issued under 25 the provisions of this chapter shall be subject to annual renewal and shall 26 expire unless renewed in the manner prescribed by the board regarding applica- 27 tions for renewal, continuing education, and fees. License renewal and rein- 28 statement shall be in accordance with section 67-2614, Idaho Code. 29 SECTION 19. That Section 54-4114, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-4114. TERM OF LICENSE OR CERTIFICATE -- RENEWAL AND REINSTATEMENT.Any32license or certificate for the practice of residential and/or general real33estate appraisal shall expire on June 30, and shall become invalid on July 134unless renewed prior to the expiration dateAll licenses issued under the pro- 35 visions of this chapter shall be subject to annual renewal and shall expire 36 unless renewed in the manner prescribed by the board regarding applications 37 for renewal, continuing education, and fees. License renewal and reinstatement 38 shall be in accordance with section 67-2614, Idaho Code. 39 SECTION 20. That Section 54-4209, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-4209.CERTIFICATE OF REGISTRATIONLICENSURE -- ATTENDANCE AT CONTINU- 42 ING EDUCATION PROGRAM-- REVOCATION OR SUSPENSION-- RENEWAL OFLAPSED REGIS-43TRATIONSLICENSES.-- REGISTER OF APPLICATIONS.(1) Every individual whoholds44a valid license as a residential or assisted living facility administrator45issuedqualifies for licensure by the board under section 54-4208(1), Idaho 13 1 Code, shallimmediately upon issuance thereof be deemed registered with the2board andbe issued acertificate of registrationlicense. Thereafter, such 3 individual shall annually be required to apply to the board for arecertifica-4tion of registrationlicense renewal and report any facts requested by the 5 board on forms provided for such purpose. All licenses issued under the provi- 6 sions of this chapter shall be subject to annual renewal and shall expire 7 unless renewed in the manner prescribed by the board regarding applications 8 for renewal, continuing education, and fees. License renewal and reinstatement 9 shall be in accordance with section 67-2614, Idaho Code. 10 (2) Upon making an application fora recertification of registration,11suchlicense renewal, each individual shall pay an annualregistrationrenewal 12 fee, andat the same time shallsubmitevidenceproof of the satisfactoryto13the board that during the twelve (12) month period immediately preceding such14application for recertification of registration he has successfully attended a15 completion of the required continuing educationprogram or course of studyas 16 may be provided in the rules of the board. 17 (3) Upon receipt ofsuchthe renewal application,for recertification of18registration,theregistrationrequired fee, and theevidence required with19respect toproof of continuing education, the board shall issue arecertifica-20tion of registration to such residential or assisted living facility adminis-21tratorcurrent license. 22 (4)The license of a residential or assisted living facility administra-23tor who fails to comply with the provisions of this section, and who continues24to act as a residential or assisted living facility administrator, shall be25suspended or revoked by the board, in accordance with the provisions of this26chapter.27(5)A residentialor assisted livingcare facility administrator who has 28 been duly licensedand registeredin this state and whose licenseshallhas 29 nothavebeen revoked or suspended, and whoseregistrationlicense has expired 30 for a period of not longer than five (5) years, mayreregister within the31state upon complying with the provisions of this section for recertification32of registration and alsoapply for the reinstatement of his license by filing 33 with the board anaffidavitapplication together with proof of having met the 34 continuing education requirement within the previous twelve (12) months in 35 accordance with the rules of the board, and payment of a twenty-five dollar 36 ($25.00) reinstatement fee together with the renewal fees forbackall lapsed 37 years. 38(6) A residential or assisted living facility administrator whose license39has been expired for five (5) or more years, must reapply for licensure under40the provisions of section 54-4206, Idaho Code.41 (75) The board shall maintain a register of all applications for licens- 42 ingand registrationof residentialor assisted livingcare facility adminis- 43 trators, which register shall show: Theplace of residence,name and address 44 of each applicant, the name and address of employer or business connection of 45 each applicant, the date of application, complete information of educational 46 and experiential qualifications, theaction taken by the boardlicense issue 47 date, theseriallicense number,of the license and of registration certifi-48cates issued to the applicantthe certificate issue date, the date on which 49 the board reviewed and acted upon the application, and such other pertinent 50 information as the board may deem necessary. 51 SECTION 21. That Section 54-4710, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 54-4710. EXPIRATION AND RENEWAL -- REINSTATEMENT. (1) All licensesorand 14 1 certifications issued under the provisions of this chapter shall be subject to 2 annual renewal and shall expire unless renewed in the manner prescribed by the 3rules of theboard, upon payment of a renewalregarding applications for 4 renewal, continuing education, and fees. License renewal and reinstatement 5 shall be in accordance with section 67-2614, Idaho Code. 6 (2) The board shall establish the following fees relating to licensing, 7 which fees shall be established in an amount that is sufficient to defray all 8 costs necessary for the administration of this chapter: 9 (a) Initial license; 10 (b) Renewal of license fee; 11 (c) Initial fee for certification; 12 (d) Initial acupuncture technician certificate; 13 (e) Renewal acupuncture technician certificate; 14 (f) Inactive license and certification fees; 15 (g) Late renewal fees. 16 SECTION 22. That Section 67-2614, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 67-2614. RENEWAL OR REINSTATEMENT OF LICENSE. All persons required to 19 procure licenses from the bureau of occupational licenses as a prerequisite 20 for engaging in a trade, occupation,or profession must annually renew the 21 sameby July first of each yearprior to the license holder's birthday. No 22 less than thirty (30) days prior to the renewal date of a license the bureau 23 shall send to the mailing address of record a bureau approved application for 24 renewal that shall be completed by the licensee and submitted to the bureau 25 with the required fee and confirmation of the completion of any continuing 26 education that may be required. For the renewal period beginning July 1, 2003, 27 the required license renewal fee shall be 1/365 of the annual renewal license 28 fee as determined by the board for each day until the next birthday of the 29 licensee. The required fee for all subsequent annual renewals shall be the 30 amount set forth in the laws and rules of the governing board. All persons 31 required to procure facility licenses from the bureau of occupational licenses 32 as a prerequisite for operating a place of business in which a trade, occupa- 33 tion or profession is practiced shall annually renew the same prior to the 34 anniversary of the original issue date of the license. For the renewal period 35 beginning July 1, 2003, the required facility license renewal fee shall be 36 1/365 of the annual renewal fee determined by the board for each day until the 37 next anniversary date of the license issue date. The required fee for all sub- 38 sequent annual renewals shall be the amount set forth in the laws and rules of 39 the governing board. In case of failuresoto renew a license prior to the 40 expiration date, the bureau shall immediately cancel the same following the 41 date ofdelinquencyexpiration: provided, however, that the bureau may rein- 42 state any license canceled for failure to renewthe sameon payment of no less 43 than twenty-five dollars ($25.00) as may be determined by law or board rule, 44 together with all fees delinquent and documentation of the completion of any 45 continuing education required at the time of cancellation and the renewal fee 46 for each year thereafter up to the time of reinstatement. 47 Provided further, that where a license has been canceled for a period of 48 more than five (5) years, the person so affected shall be required to make 49 application to the bureau, using the same forms and furnishing the same infor- 50 mation as required of a person originally applying for a license, and pay the 51 same fee that is required of a person taking the examination in the particular 52 profession in which said person holds a canceled Idaho license. Said applicant 53 shall appear in person before the bureau at any regular or special meeting for 15 1 an examination, the nature of which shall be determined by the bureau. If 2 after an examination, the bureau is of the opinion that the person examined is 3 the bona fide holder of the canceled license, is of good moral character and, 4 if found capable of again practicing in this state the profession for which 5 the original or canceled license was granted, the license shall be reinstated. 6and the holder thereof entitled to practice subject to the laws of this state.
STATEMENT OF PURPOSE
RS 12379C1
67-2614 changing the renewal date from annual to the birth date of
the applicant. Each code affected by this change is: 54-4806, 54-
4710, 54-304, 54-507, 54-515, 54-518, 54-708, 54-815, 54-3415, 54-
3313, 54-3316, 54-2906, 54-2911, 54-3003, 54-3006, 54-1115A, 54-
1608, 54-1522, 54-607, 54-2315, 54-4209, 54-4114, and 54-3209.
FISCAL IMPACT
There will be no impact on General or Dedicated Funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H 3