2004 Legislation
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HOUSE BILL NO. 694 – Nursing license/background check

HOUSE BILL NO. 694

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Bill Status



H0694.................................................by HEALTH AND WELFARE
NURSING LICENSES - Amends existing law relating to the Idaho Board of
Nursing to require applicants for original licensure and for license
reinstatement to submit to criminal background checks.
                                                                        
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 63-3-4
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali, Sayler,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Trail, Wills
      NAYS -- Barrett, Kulczyk, Wood
      Absent and excused -- Lake, Rydalch, Schaefer, Mr. Speaker
    Floor Sponsor - Henbest
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Health/Wel
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      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
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 268
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 694
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO BOARD OF NURSING; AMENDING SECTION 54-1401, IDAHO  CODE,
  3        TO REQUIRE APPLICANTS FOR ORIGINAL LICENSURE AND FOR LICENSE REINSTATEMENT
  4        TO SUBMIT TO CRIMINAL BACKGROUND CHECKS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 54-1401, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        54-1401.  PURPOSE -- LICENSE REQUIRED -- REPRESENTATION TO THE PUBLIC.  In
  9    order  to safeguard the public health, safety and welfare, it is in the public
 10    interest to regulate and control nursing in the state  of  Idaho,  to  promote
 11    quality  health  care  services, to prohibit unqualified and dishonest persons
 12    from practicing nursing, and to protect against  acts  or  conduct  which  may
 13    endanger the health and safety of the public.
 14        (1)  License  required.  It  shall  be unlawful for any person to practice
 15    nursing or offer to practice nursing unless that person is duly licensed  pur-
 16    suant to this act.
 17        (2)  Representation  to  the  public.  Only a person who holds a valid and
 18    current license to practice professional nursing in  this  state  or  a  party
 19    state  pursuant to sections 54-1409 and 54-1418, Idaho Code, may use the title
 20    "nurse," "registered nurse," "graduate nurse" or "professional nurse"  or  the
 21    abbreviation  "R.N."  or  any  other  designations, titles or abbreviations to
 22    indicate that the person is practicing nursing in this state.  Only  a  person
 23    who  holds  a  valid and current license to practice practical nursing in this
 24    state or a party state pursuant to sections 54-1407 and 54-1418,  Idaho  Code,
 25    may  use  the  title  "nurse," "licensed practical nurse," or the abbreviation
 26    "L.P.N." or any other designations, titles or abbreviations to  indicate  that
 27    the person is practicing nursing in this state.
 28        (3)  On  and after July 1, 2005, all applicants for original licensure and
 29    for license reinstatement will be required to submit  to  a  fingerprint-based
 30    criminal  history check of the Idaho central criminal database and the federal
 31    bureau of investigation criminal history database. Each applicant for original
 32    licensure and for  license  reinstatement  must  submit  a  full  set  of  the
 33    applicant's  fingerprints  and  any  relevant fees directly to the Idaho state
 34    police and the federal bureau of  investigation  identification  division  for
 35    this purpose.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 13455C1

The purpose of this legislation is to amend existing law to require
that all applicants for original licensure and applicants for
license reinstatement submit to criminal background checks.  This
legislation amends existing law in order to comply with the Federal
Bureau of Investigation (FBI) requirement, Pub. L. 92-544, which
requires state agencies desiring to utilize criminal background
checks to have authority to do so set forth specifically in
statute, not in rule.

                         FISCAL  IMPACT

There is no fiscal impact to the General Fund.  The fiscal impact
to the Board of Nursing dedicated fund includes costs related to
personnel, operating, and capital.  The Board anticipates the need
for 2.0 additional FTEs to manage processes related to
administration, investigation, and discipline for the 1,500 initial
and reinstating licensees who will annually provide criminal
background information.  The Board estimates one-time start-up
costs for equipment and furnishings and ongoing costs for personnel
salaries and benefits and program operation and administration. 
Total estimated impact:  $14,000 one-time; $80,000/year ongoing.



CONTACT   
Name:     Sandra Evans
Agency:   Board of Nursing
Phone:    334-3110 ext 26

Statement of Purpose/Fiscal Impact                      H 694