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H0657.................................................by HEALTH AND WELFARE
SUBSTANCE ABUSE - REPORT TO EMPLOYER - Amends and adds to existing law to
require health care providers to report certain information relating to
substance abuse; and to provide a controlled substance abuse disclosure
requirement on employers of providers.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 657
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO DISCLOSURE OF ABUSE OF CONTROLLED SUBSTANCES; AMENDING THE HEADING
3 FOR CHAPTER 45, TITLE 54, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 33,
4 LAWS OF 1998, TO REDESIGNATE THE CHAPTER; AMENDING SECTION 54-4501, IDAHO
5 CODE, AS ADDED BY SECTION 1, CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THE
6 SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-4602,
7 IDAHO CODE, TO DEFINE "EMPLOYER," TO FURTHER DEFINE THE TERM "PROVIDER"
8 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-4603, IDAHO CODE,
9 TO REQUIRE PROVIDERS TO REPORT CERTAIN INFORMATION RELATING TO SUBSTANCE
10 ABUSE AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 46, TITLE 54,
11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-4605, IDAHO CODE, TO PRO-
12 VIDE A CONTROLLED SUBSTANCE ABUSE DISCLOSURE REQUIREMENT ON EMPLOYERS OF
13 PROVIDERS; AND AMENDING SECTION 54-4504, IDAHO CODE, AS ADDED BY SECTION
14 1, CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THE SECTION.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That the Heading for Chapter 45, Title 54, Idaho Code, as
17 added by Section 1, Chapter 33, Laws of 1998, be, and the same is hereby
18 amended to read as follows:
19 CHAPTER 456
20 PATIENT FREEDOM OF INFORMATION
21 SECTION 2. That Section 54-4501, Idaho Code, as added by Section 1, Chap-
22 ter 33, Laws of 1998, be, and the same is hereby amended to read as follows:
23 54-45014601. DECLARATION OF PURPOSE. In recognition of the importance of
24 health care to all Idahoans, it is the intent of the legislature to provide
25 patients with easily accessible profile information on specified licensed or
26 registered health care professionals. By creating a database of individual
27 profiles that the public may access, patients will be able to make more
28 informed decisions about whom they wish to engage when in need of health care
29 services. The database should include educational background and work history,
30 disclosure of any final board disciplinary actions, criminal convictions, mal-
31 practice history, and other pertinent information as required by this chapter.
32 The following licensed and registered professional health care providers are
33 subject to this chapter: physicians and surgeons and osteopathic physicians
34 and surgeons, physical therapists, dentists, podiatrists, chiropractors, opto-
35 metric physicians, psychologists, physicians' assistants, nurse practitioners,
36 and certified registered nurse anesthetists.
37 SECTION 3. That Section 54-4602, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-4602. DEFINITIONS. As used in this chapter, the following terms have
2
1 the following meanings:
2 (1) "Board" means the professional licensing and registration board,
3 respectively, for each of the named providers.
4 (2) "Employer" means a person or entity licensed under chapter 18, title
5 54, Idaho Code, or chapter 14, title 39, Idaho Code, who employs a provider or
6 providers.
7 (3) "Patient" means all past, current or future consumers of health care
8 services.
9 (34) "Provider(s)" means the following licensed or registered profes-
10 sional health care providers: podiatrists licensed pursuant to chapter 6,
11 title 54, Idaho Code; chiropractors licensed pursuant to chapter 7, title 54,
12 Idaho Code; dentists licensed pursuant to chapter 9, title 54, Idaho Code;
13 licensed professional nurses and advanced practice professional nurses to
14 include certified nurse-midwives, clinical nurse specialists, nurse practitio-
15 ners and certified registered nurse anesthetists licensed or registered pursu-
16 ant to chapter 14, title 54, Idaho Code; optometric physicians licensed pursu-
17 ant to chapter 15, title 54, Idaho Code; physicians and surgeons and osteop-
18 athic physicians and surgeons, licensed pursuant to chapter 18, title 54,
19 Idaho Code; physicians' assistants registered pursuant to chapter 18, title
20 54, Idaho Code; physical therapists registered pursuant to chapter 22, title
21 54, Idaho Code; and psychologists licensed pursuant to chapter 23, title 54,
22 Idaho Code.
23 SECTION 4. That Section 54-4603, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-4603. PATIENT ACCESS TO PROVIDER INFORMATION. (1) Each person who
26 applies for initial licensure or registration as a provider must, at the time
27 of licensure or registration, and each provider who applies for license or
28 registration renewal must, in conjunction with the renewal of a license or
29 registration, and under procedures which shall be adopted by the board, and
30 in addition to any other information that may be required from the applicant,
31 furnish the following information to the board:
32 (a) Names and addresses of medical/professional schools or other institu-
33 tions of higher learning that provider attended, including any graduate
34 education, and dates of graduation;
35 (b) Speciality certifications that are recognized by the board;
36 (c) Appointments to faculty of any medical/professional school and indi-
37 cation whether provider has had a responsibility for graduate education
38 within the most recent ten (10) years (optional);
39 (d) Location and type of practice for the most recent ten (10) years;
40 (e) Current location of provider's primary practice setting, and if more
41 than one (1) setting, the approximate percentage of time spent at each
42 location;
43 (f) The hospital(s) that serves as the provider's primary admitting
44 facility and at which the provider has active clinical privileges in good
45 standing;
46 (g) Disclosure of whether the provider participates in medicaid and medi-
47 care programs (but not necessarily accepting new patients), or has ever
48 been barred from participation in either program;
49 (h) Disclosure of any translating services that may be available at the
50 provider's practice location(s) (optional);
51 (i) Description of any criminal convictions for felonies or other crimes
52 of moral turpitude within the most recent ten (10) years. For purposes of
53 this subsection, a person shall be deemed convicted of a crime if he pled
3
1 guilty or if he was found or adjudged guilty by a court of competent
2 jurisdiction;
3 (j) Description of any final board disciplinary actions within the most
4 recent ten (10) years that are considered to be public in accordance with
5 the provisions of chapter 3, title 9, Idaho Code;
6 (k) Description of any final disciplinary actions by a board from any
7 other state including, but not limited to, revocation or suspension of
8 license, within the most recent ten (10) years;
9 (l) Description of revocation or involuntary restriction of hospital
10 privileges, or a reduction in credentialing for more than one hundred
11 eighty (180) days, from any state, for reasons related to competence or
12 character, that have been taken by a hospital's governing body or any
13 other official of a hospital after procedural due process has been
14 afforded; or the resignation from or nonrenewal of a medical staff member-
15 ship, or the restriction of privileges at a hospital taken in lieu of or
16 in settlement of a pending disciplinary case related to competence or
17 character in that hospital, within the most recent ten (10) years;
18 (m) Whether the provider carries professional malpractice insurance, and
19 if not, has ever been denied malpractice insurance;
20 (n) Disclosure of all malpractice court judgments and all malpractice
21 arbitration awards in which a payment was awarded to a complaining party
22 during the most recent ten (10) years. Pending malpractice claims shall
23 not be disclosed by the board to patients; however, nothing herein shall
24 be construed to prevent the board from investigating and disciplining a
25 provider on the basis of pending malpractice claims.;
26 (o) Disclosure of settlements of professional malpractice claims within
27 the most recent five (5) years of continuous practice;
28 (i) Providers need only disclose malpractice settlements if there
29 have been five (5) or more settlements in the most recent five (5)
30 years of continuous practice, of fifty thousand dollars ($50,000), or
31 more, per settlement, or if there have been more than ten (10) set-
32 tlements within the most recent five (5) years of continuous practice
33 of any dollar amount;
34 (ii) Settlements that result solely in an adjustment to the fee
35 charged for a provider's services shall not be disclosed pursuant to
36 this chapter;
37 (iii) Information concerning all settlements shall be accompanied by
38 the following statement: "Settlement of a claim may occur for a vari-
39 ety of reasons which do not necessarily reflect negatively on the
40 professional competence or conduct of a provider. A payment in set-
41 tlement of a malpractice action or claim should not be construed as
42 creating presumption that malpractice has occurred. Malpractice his-
43 tories tend to vary by speciality. Some specialities are more likely
44 than others to be the subject of litigation.";
45 (iv) Nothing herein shall be construed to limit or prevent the board
46 from providing further explanatory information regarding settlements;
47 (p) Percentage of ownership interest provider has in other health facili-
48 ties, laboratories, equipment or therapy, except for ownership interest in
49 the primary practice business, to which the provider's patients are, have
50 been, or may be referred;
51 (q) In the case of a provider whose license permits the provider to pre-
52 scribe, handle or dispense controlled substances as defined in chapter 27,
53 title 37, Idaho Code, whether the provider has been disciplined by an
54 employer for mishandling or abusing controlled substances, including the
55 name and address of the employer, the date of the disciplinary action, a
4
1 description of the disciplinary action and a description of the grounds
2 for such action;
3 (r) In the case of a provider whose license permits the provider to pre-
4 scribe, handle or dispense controlled substances, as defined in chapter
5 27, title 37, Idaho Code, whether the provider has been convicted of, or
6 pled guilty to, a state or a federal charge for mishandling or abuse of
7 controlled substances, including a description of the charge, the name and
8 location of the court where the charge was filed, a description of the
9 charge involved in the conviction or plea, and the nature of the sentence
10 imposed;
11 (s) In the case of a provider whose license permits the provider to pre-
12 scribe, handle or dispense controlled substances, as defined in chapter
13 27, title 37, Idaho Code, whether a board has imposed discipline or cor-
14 rective action for the provider's mishandling or abuse of controlled sub-
15 stances, including the name and location of the board, the nature of the
16 discipline or corrective action imposed, the date of such action, and a
17 description of the grounds for such action.
18 (2) Each profile submitted by a provider must include a statement, signed
19 under oath, by the provider attesting to the correctness and completeness of
20 the information contained in the profile.
21 (3) The board shall not be held liable for the correctness or complete-
22 ness of the information contained in the provider profiles, and shall include
23 a disclaimer statement on all released profiles, attesting to the self-
24 reporting nature of the program, and that the information has not been veri-
25 fied by the board.
26 (4) The board shall, at the time of issuing a new license or registra-
27 tion, or in conjunction with license or registration renewal, collect and
28 maintain the information required in this chapter, as submitted by the pro-
29 vider, for the purpose of creating individual profiles on providers that shall
30 be made available to the public as provided in this chapter.
31 (5) No state law that would otherwise prohibit, limit, or penalize dis-
32 closure of information about a provider shall apply to disclosure of informa-
33 tion required by this chapter.
34 (6) If a provider fails to comply with the provisions of this chapter
35 with full and truthful disclosure of information to the board within the time
36 specified by the board, the board may:
37 (a) Fine the provider up to fifty dollars ($50.00) for each day that the
38 provider is not in compliance with the provisions of this chapter;
39 (b) Take any other disciplinary action it deems appropriate, except the
40 board may not revoke, suspend, refuse to issue or refuse to renew a
41 provider's license or registration solely because the provider failed to
42 comply with the provisions of this chapter.
43 SECTION 5. That Chapter 46, Title 54, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
45 ignated as Section 54-4605, Idaho Code, and to read as follows:
46 54-4605. DISCLOSURE OF CONTROLLED SUBSTANCE ABUSE. When an employer of a
47 provider has imposed discipline upon a provider for mishandling or abusing
48 controlled substances, as defined in chapter 27, title 37, Idaho Code, the
49 employer shall, within thirty (30) days of the imposition of such discipline,
50 furnish to the provider's board a description of the disciplinary action, a
51 description of the grounds for such action and the date of the disciplinary
52 action.
5
1 SECTION 6. That Section 54-4504, Idaho Code, as added by Section 1, Chap-
2 ter 33, Laws of 1998, be, and the same is hereby amended to read as follows:
3 54-45044604. INFORMATION AND ACCESS TO PROVIDER PROFILE INFORMATION. The
4 boards and providers subject to the provisions of this chapter shall inform
5 the public that provider profile information is available and make the infor-
6 mation available upon request.
7 The boards and providers shall fully implement the provisions of this
8 chapter no later than January 1, 2000.
9 The boards and providers shall be responsible for promoting public aware-
10 ness of and access to provider profiles as provided in this chapter, which
11 shall include the creation of printed materials and signs to be available in
12 board and provider offices. Profile information on individual providers shall
13 be available at the office(s) of the provider, and their respective board, in
14 written form, upon request, and electronically where available, and shall be
15 considered public information.
STATEMENT OF PURPOSE
RS 13971
This bill amends Chapter 46, Title 54, Idaho Code, to include
licensed professional nurses in the category of providers that
are required to furnish certain job-related information to
professional licensing boards. Currently these professionals,
also generally known as registered nurses, do not need to provide
such information. The information is designed to put the public
on notice of certain background information pertaining to the
professionals, including criminal convictions, disciplinary
action, malpractice information, and the like. The reporting
requirements for all providers are expanded to include instances
where providers who are authorized to handle controlled
substances have been disciplined or convicted for abuse of such
substances. The legislation also imposes certain reporting
requirements on employers of such providers. All reporting is
subject to the safeguards of the current statutory provisions.
The reporting measures will allow the general public to know
whether a provider who handles controlled substances has a
history of substance abuse.
FISCAL IMPACT
There may be a slight fiscal impact on the nursing board by
virtue of having to develop a reporting form like that which is
currently in use by other licensing boards and to file and
process the forms. However, the cost can and should be passed
along to the providers as part of their licensing fees. There
should be no impact on the general account. Other agencies will
have to add language to their current reporting forms but, again,
there should be no impact to the general account.
Contact
Name: Jim Jones
Phone: 385-9200
STATEMENT OF PURPOSE/FISCAL NOTE H 657