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H0815.....................................................by WAYS AND MEANS
CONTROLLED SUBSTANCE ADULTERATION - Adds to existing law to provide
reporting and disclosure requirements for certain health care providers who
are terminated from employment for adulteration or misappropriation of
controlled substances.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Black, Gagner, Wills
Floor Sponsor - Henbest
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 30-2-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sweet, Werk, Williams
NAYS -- Davis, Stegner
Absent and excused -- Goedde, Sorensen, Stennett
Floor Sponsor - Ingram
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 333
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 815
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO DISCLOSURE OF CONTROLLED SUBSTANCE ADULTERATION OR MISAPPROPRIA-
3 TION; AMENDING CHAPTER 1, TITLE 37, IDAHO CODE, BY THE ADDITION OF A NEW
4 SECTION 37-117A, IDAHO CODE, TO PROVIDE REPORTING AND DISCLOSURE REQUIRE-
5 MENTS FOR CERTAIN HEALTH CARE PROVIDERS WHO ARE TERMINATED FROM EMPLOYMENT
6 FOR ADULTERATION OR MISAPPROPRIATION OF CONTROLLED SUBSTANCES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 1, Title 37, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 37-117A, Idaho Code, and to read as follows:
11 37-117A. REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED
12 ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS. (1) When the employment of
13 a health care provider has been terminated, either voluntarily or involun-
14 tarily, for adulteration or misappropriation of controlled substances, as
15 defined in chapter 27, title 37, Idaho Code, the employer shall, within thirty
16 (30) days of the termination, furnish written notice of the termination,
17 described herein as "notice of termination," to the health care provider's
18 professional licensing board of the state of Idaho, which shall include a
19 description of the controlled substance adulteration or misappropriation
20 involved in the termination. An employer who in good faith provides such
21 information shall not be held civilly liable for the disclosure or the conse-
22 quences of providing the information. There is a rebuttable presumption that
23 an employer is acting in good faith when the employer provides such informa-
24 tion. The presumption of good faith is overcome only upon showing by clear
25 and convincing evidence that the employer disclosed the information with
26 actual malice or with deliberate intent to mislead. For the purposes of this
27 section, "actual malice" means knowledge that the information was false or
28 given with reckless disregard of whether the information was false. For the
29 purposes of this section, the term "health care provider" means any person
30 licensed by a professional licensing board of the state of Idaho whose license
31 permits the health care provider to dispense or administer controlled sub-
32 stances. For the purposes of this section, "employer" means a person or
33 entity licensed under chapter 18, title 54, Idaho Code, or chapter 13, title
34 39, Idaho Code, who employs a health care provider or providers.
35 (2) A professional licensing board that receives a notice of termination
36 from an employer pursuant to subsection (1) of this section shall maintain the
37 notice of termination for the health care provider. The notice of termination
38 shall be subject to disclosure in accordance with the provisions of subsection
39 (3) of this section.
40 (3) Any prospective employer of a health care provider shall, before hir-
41 ing such health care provider, request in writing that the health care
42 provider's professional licensing board furnish the prospective employer any
43 notice of termination maintained by the board with respect to the health care
2
1 provider. The prospective employer shall maintain the confidentiality of such
2 information and shall not disclose it to any other person or entity without
3 the prior written approval of the health care provider or as required by law,
4 court order or the rules of civil procedure. The professional licensing board
5 shall require, as a condition of furnishing the notice of termination, that
6 the prospective employer file a written request for the health care provider's
7 notice of termination, stating under oath that the request for the notice of
8 termination is made for a bona fide hiring purpose, that the request is made
9 pursuant to the provisions of this section, and that the prospective employer
10 will not disclose the information to any other person or entity without the
11 prior written approval of the health care provider or as required by law,
12 court order or rules of civil procedure. In the event that the prospective
13 employer discloses the information in the notice of termination to any other
14 person or entity in violation of the provisions of this section, and unless
15 the disclosure is required by law, court order or the rules of civil proce-
16 dure, the health care provider may pursue a civil cause of action against the
17 prospective employer for a breach of the health care provider's right of pri-
18 vacy. Upon receipt of a request made in accordance with this section for a
19 health care provider's notice of termination, the professional licensing board
20 shall furnish the notice of termination to the prospective employer. The pro-
21 fessional licensing board shall not be held liable for the correctness or com-
22 pleteness of the information contained in the notice of termination and shall
23 include a disclaimer statement on all released information, attesting that the
24 information has not been verified by the professional licensing board. An
25 employer who obtains a notice of termination from the appropriate professional
26 licensing board as provided in this section shall not be held civilly liable
27 for hiring or contracting with a health care provider who the employer in good
28 faith believes has been rehabilitated from drug abuse, absent the employer's
29 gross negligence or reckless conduct.
30 (4) Notices of termination submitted hereunder shall be maintained and
31 available to employers as set forth above for fifteen (15) years from the date
32 of receipt by the professional licensing board.
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STATEMENT OF PURPOSE
RS 14241C1
This legislation will provide for reporting by employers of
health care providers to licensing boards if the employee is
terminated for the adulteration of a controlled substance. It
also provides for the transmissal of this information from the
board to a prospective employer.
FISCAL IMPACT
There is no fiscal impact to the general fund. There will be an
impact to the BON dedicated fund. The BON estimates this
legislation will result in the need for an additional .5 FTE.
One time expenses of $3500.00 and on going expenses of $12,000.00
annually.
Contact
Name: Representative Margaret Henbest
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 815