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H0832aa...................................................by WAYS AND MEANS
HEALTH AND WELFARE BOARD - Amends existing law to provide for oversight of
the Department of Health and Welfare by the Board of Health and Welfare; to
provide an exception to the powers and duties of the director of the
Department of Health and Welfare; to increase membership of the Board of
Health and Welfare; to provide for certain qualifications for board
members; to provide for additional voting and nonvoting members; to remove
the requirement that a board secretary be elected; to provide for meetings
and special meetings; to clarify the scope of the board's duties; to revise
voting requirements; to provide additional powers and duties of the board;
and to require certain issues be addressed in an annual report by the board
to the Governor and the Legislature.
03/17 House intro - 1st rdg - to printing
03/20 Rpt prt - to Health/Wel
03/27 Rpt out - to Gen Ord
03/28 Rpt out amen - to engros
03/29 Rpt engros - 1st rdg - to 2nd rdg as amen
03/30 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 59-5-6
AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Lake,
LeFavour, Martinez, Mathews, McKague, Miller, Mitchell, Moyle,
Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- Barrett, Loertscher, Nonini, Rydalch, Sali
Absent and excused -- Bayer, Field(23), Kemp, McGeachin, Smylie, Mr.
Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/31 Senate intro - 1st rdg - to Health/Wel
04/03 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Fulcher, Gannon, Geddes
Floor Sponsor - Keough
Title apvd - to House
04/04 To enrol - Rpt enrol - Sp signed - Pres signed
To Governor
04/10 Governor signed
Session Law Chapter 416
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 832
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION 56-1003, IDAHO
3 CODE, TO PROVIDE FOR OVERSIGHT OF THE DEPARTMENT OF HEALTH AND WELFARE BY
4 THE BOARD OF HEALTH AND WELFARE AND TO PROVIDE AN EXCEPTION TO THE POWERS
5 AND DUTIES OF THE DEPARTMENT'S DIRECTOR; AND AMENDING SECTION 56-1005,
6 IDAHO CODE, TO INCREASE THE MEMBERSHIP OF THE BOARD, TO PROVIDE FOR CER-
7 TAIN QUALIFICATIONS FOR BOARD MEMBERS APPOINTED BY THE GOVERNOR, TO PRO-
8 VIDE FOR CERTAIN ADDITIONAL VOTING AND NONVOTING MEMBERS TO THE BOARD, TO
9 REMOVE THE REQUIREMENT THAT A BOARD SECRETARY BE ELECTED, TO PROVIDE FOR
10 MEETINGS AND SPECIAL MEETINGS, TO REVISE BOARD DUTIES, TO REVISE VOTING
11 REQUIREMENTS, TO PROVIDE ADDITIONAL BOARD POWERS AND DUTIES AND TO REQUIRE
12 CERTAIN ISSUES TO BE ADDRESSED IN AN ANNUAL REPORT BY THE BOARD TO THE
13 GOVERNOR AND LEGISLATURE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 56-1003, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 56-1003. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the
18 following powers and duties:
19 (1) All of the powers and duties of the department of public health, the
20 department of health, the board of health and all nonenvironmental protection
21 duties of the department of health and welfare are hereby vested to the direc-
22 tor of the department of health and welfare. Provided however, that oversight
23 of the department and rulemaking and hearing functions relating to public
24 health and licensure and certification standards shall be vested in the board
25 of health and welfare. Except when the authority is vested in the board of
26 health and welfare under law, tThe director shall have all such powers and
27 duties as may have been or could have been exercised by his predecessors in
28 law, including the authority to adopt, promulgate, and enforce rules, in those
29 circumstances when the authority to adopt, promulgate, and enforce such rules
30 is not vested in the board of health and welfare, and shall be the successor
31 in law to all contractual obligations entered into by predecessors in law. All
32 rulemaking proceedings and hearings of the director shall be governed by the
33 provisions of chapter 52, title 67, Idaho Code.
34 (2) The director shall, pursuant and subject to the provisions of the
35 Idaho Code, and the provisions of this chapter, formulate and recommend to the
36 board rules, codes and standards, as may be necessary to deal with problems
37 related to personal health, and licensure and certification requirements per-
38 tinent thereto, which shall, upon adoption by the board, have the force of law
39 relating to any purpose which may be necessary and feasible for enforcing the
40 provisions of this chapter including, but not limited to, the maintenance and
41 protection of personal health. Any such rule or standard may be of general
42 application throughout the state or may be limited as to times, places, cir-
43 cumstances or conditions in order to make due allowance for variations
2
1 therein.
2 (3) The director, under the rules, codes or standards adopted by him,
3 shall have the general supervision of the promotion and protection of the
4 life, health and mental health of the people of this state. The powers and
5 duties of the director shall include, but not be limited to, the following:
6 (a) The issuance of licenses and permits as prescribed by law and by the
7 rules of the board;
8 (b) The supervision and administration of laboratories and the supervi-
9 sion and administration of standards of tests for environmental pollution,
10 chemical analyses and communicable diseases. The director may require that
11 laboratories operated by any city, county, institution, person, firm or
12 corporation for health or environmental purposes conform to standards set
13 by the board of health and welfare and the board of environmental quality;
14 (c) The supervision and administration of a mental health program, which
15 shall include services for the evaluation, screening, custody and treat-
16 ment of the mentally ill and those persons suffering from a mental defect,
17 or mental defects;
18 (d) The enforcement of minimum standards of health, safety and sanitation
19 for all public swimming pools within the state;
20 (e) The supervision and administration of the various schools, hospitals
21 and institutions that were the responsibility of the board of health;
22 (f) The supervision and administration of services dealing with the prob-
23 lems of alcoholism including, but not limited to, the care and rehabilita-
24 tion of persons suffering from alcoholism;
25 (g) The establishment of liaison with other governmental departments,
26 agencies and boards in order to effectively assist other governmental
27 entities with the planning for the control of or abatement of health prob-
28 lems. All of the rules and standards adopted by the board shall apply to
29 state institutions;
30 (h) The supervision and administration of an emergency medical service
31 program including, but not limited to, assisting other governmental agen-
32 cies and local governmental units, in providing first aid emergency medi-
33 cal services and for transportation of the sick and injured;
34 (i) The supervision and administration of administrative units whose
35 responsibility shall be to assist and encourage counties, cities, other
36 governmental units, and industries in the control of and/or abatement of
37 health problems;
38 (j) The enforcement of all laws, rules, codes and standards relating to
39 health.
40 (4) The director, when so designated by the governor, shall have the
41 power to apply for, receive on behalf of the state, and utilize any federal
42 aid, grants, gifts, gratuities, or moneys made available through the federal
43 government.
44 (5) The director shall have the power to enter into and make contracts
45 and agreements with any public agencies or municipal corporations for facili-
46 ties, land, and equipment when such use will have a beneficial, recreational,
47 or therapeutic effect or be in the best interest in carrying out the duties
48 imposed upon the department.
49 The director shall also have the power to enter into contracts for the
50 expenditure of state matching funds for local purposes. This subsection will
51 constitute the authority for public agencies or municipal corporations to
52 enter into such contracts and expend money for the purposes delineated in such
53 contracts.
54 (6) The director is authorized to adopt an official seal to be used on
55 appropriate occasions, in connection with the functions of the department or
3
1 the board, and such seal shall be judicially noticed. Copies of any books,
2 records, papers and other documents in the department shall be admitted in
3 evidence equally with the originals thereof when authenticated under such
4 seal.
5 (7) The director, under rules adopted by the board of health and welfare,
6 shall have the power to impose and enforce orders of isolation and quarantine
7 to protect the public from the spread of infectious or communicable diseases
8 or from contamination from chemical or biological agents, whether naturally
9 occurring or propagated by criminal or terrorist act.
10 (a) An order of isolation or quarantine issued pursuant to this section
11 shall be a final agency action for purposes of judicial review. However,
12 this shall not prevent the director from reconsidering, amending or with-
13 drawing the order. Judicial review of orders of isolation or quarantine
14 shall be de novo. The court may affirm, reverse or modify the order and
15 shall affirm the order if it appears by a preponderance of the evidence
16 that the order is reasonably necessary to protect the public from a sub-
17 stantial and immediate danger of the spread of an infectious or communica-
18 ble disease or from contamination by a chemical or biological agent.
19 (b) If the director has reasonable cause to believe a chemical or biolog-
20 ical agent has been released in an identifiable place, including a build-
21 ing or structure, an order of quarantine may be imposed to prevent the
22 movement of persons into or out of that place, for a limited period of
23 time, for the purpose of determining whether a person or persons at that
24 place have been contaminated with a chemical or biological agent which may
25 create a substantial and immediate danger to the public.
26 (c) Any person who violates an order of isolation or quarantine shall be
27 guilty of a misdemeanor.
28 SECTION 2. That Section 56-1005, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 56-1005. BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION -- POWERS --
31 SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
32 fare shall consist of eleven (11) members, seven (7) members who of which
33 shall be appointed by the governor, with the advice and consent of the senate.
34 The members appointed by the governor may be removed by the governor for
35 cause. Each member of the board appointed by the governor shall be a citizen
36 of the United States, a resident of the state of Idaho, and a qualified elec-
37 tor. Not more than four (4) members of the board appointed by the governor
38 shall be from any one (1) political party. All Of the members of the board
39 appointed by the governor, four (4) members shall be chosen with due regard to
40 their knowledge and interest in health and social services, two (2) members
41 shall be chosen based on their experience in business or finance, and one (1)
42 member shall be selected as a representative of the public at large. The other
43 four (4) members of the board shall be:
44 (a) The chairperson of the senate health and welfare committee, or the
45 chair's designee;
46 (b) The chairperson of the house of representatives health and welfare
47 committee, or the chair's designee;
48 (c) The director of the department of health and welfare, who shall serve
49 as the board's secretary and as a nonvoting member; and
50 (d) A representative of the office of the governor, as designated by the
51 governor, who shall serve as a nonvoting member.
52 (2) The members of the board of health and welfare appointed by the gov-
53 ernor, serving on the effective date of this act shall continue in office as
4
1 members of the board of health and welfare. All members of the board of health
2 and welfare appointed by the governor shall serve four (4) year terms.
3 (3) The board annually shall elect a chairman, and a vice chairman, and a
4 secretary, and shall hold such meetings as may be necessary for the orderly
5 conduct of its business, and such meetings shall be held from time to time on
6 seventy-two (72) hours' notice of the chairman or a majority of the members no
7 less than once every two (2) months. Special meetings of the board may be
8 called by the chairman of the board, by a majority of the voting members of
9 the board or, on written request, by the director of the department of health
10 and welfare. Five (5) members shall be necessary to constitute a quorum at any
11 regular or special meeting and the action of the majority of members present
12 shall be the action of the board. The members of the board shall be compen-
13 sated as provided in section 59-509(h), Idaho Code.
14 (4) The board, in furtherance of its duties under this act law and under
15 its rules, shall have the power to administer oaths, certify to official acts,
16 and to issue subpoenas for the attendance of witnesses and the production of
17 papers, books, accounts, documents and testimony. The board may, if a witness
18 refuses to attend or testify, or to produce any papers required by such sub-
19 poenas, report to the district court in and for the county in which the pro-
20 ceeding is pending, by petition, setting forth that due notice has been given
21 of the time and place of attendance of said witnesses, or the production of
22 said papers, that the witness has been properly summoned, and that the witness
23 has failed and refused to attend or produce the papers required by this sub-
24 poena before the board, or has refused to answer questions propounded to him
25 in the course of said proceedings, and ask an order of said court compelling
26 the witness to attend and testify and produce said papers before the board.
27 The court, upon the petition of the board, shall enter an order directing the
28 witness to appear before the court at a time and place to be fixed by the
29 court in such order, the time to be not more than ten (10) days from the date
30 of the order, and then and there shall show cause why he has not attended and
31 testified or produced said papers before the board. A copy of said order shall
32 be served upon said witness. If it shall appear to the court that said sub-
33 poena was regularly issued by the board and regularly served, the court shall
34 thereupon order that said witness appear before the board at the time and
35 place fixed in said order, and testify or produce the required papers. Upon
36 failure to obey said order, said witness shall be dealt with for contempt of
37 court.
38 (5) The director, his designee, or any party to the action may, in an
39 investigation or hearing before the board, cause the deposition or interroga-
40 tory of witnesses or parties residing within or without the state, to be taken
41 in the manner prescribed by law for like depositions and interrogatories in
42 civil actions in the district court of this state, and to that end may compel
43 the attendance of said witnesses and production of books, documents, papers
44 and accounts.
45 (6) Any person aggrieved by an action or inaction of the department of
46 health and welfare shall be afforded an opportunity for a fair hearing upon
47 request therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
48 the rules promulgated thereunder. In those cases where the board has been
49 granted the authority to hold such a hearing pursuant to a provision of the
50 Idaho Code, the hearing may be conducted by the board at a regular or special
51 meeting, or the board may designate hearing officers, who shall have the power
52 and authority to conduct hearings in the name of the board at any time and
53 place. In any hearing, a member of the board or hearing officer designated by
54 it, shall have the power to administer oaths, examine witnesses, and issue in
55 the name of the board subpoenas requiring the testimony of witnesses and the
5
1 production of evidence relevant to any matter in the hearing.
2 (7) Any person adversely affected by a final determination of the board,
3 may secure judicial review by filing a petition for review as prescribed under
4 the provisions of chapter 52, title 67, Idaho Code. The petition for review
5 shall be served upon the chairman of the board, the director of the depart-
6 ment, and upon the attorney general of the state of Idaho. Such service shall
7 be jurisdictional and the provisions of this section shall be the exclusive
8 procedure for appeal.
9 (8) The board, by the affirmative vote of four (4) five (5) of its mem-
10 bers, may adopt, amend or repeal the rules, codes, and standards of the
11 department, that are necessary and feasible in order to carry out the purposes
12 and provisions of this act its duties and responsibilities and to enforce the
13 laws of this state.
14 The rules and orders so adopted and established shall have the force and
15 effect of law and may deal with any matters deemed necessary and feasible for
16 protecting the health of the state.
17 (9) All rulemaking proceedings and hearings of the board shall be gov-
18 erned by the provisions of chapter 52, title 67, Idaho Code.
19 (10) In addition to any other powers and duties granted to the board under
20 law, the board shall:
21 (a) Advise the director and the governor on department fiscal, policy and
22 administrative matters;
23 (b) Review and advise the director regarding the department's strategic
24 plan and performance measures;
25 (c) Develop goals and standards to measure department efficiency and
26 effectiveness;
27 (d) Review and advise the director and the governor on department
28 initiatives; and
29 (e) Evaluate the performance of the other advisory boards within the
30 department.
31 (11) The board shall provide an annual report to the governor and to the
32 legislature prior to the start of each legislative session, addressing:
33 (a) The key department fiscal and policy issues;
34 (b) The department's managerial and overall performance;
35 (c) The major proposed and ongoing departmental initiatives; and
36 (d) The issues related to the performance of the boards that advise the
37 department on specific policy or program areas.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Rusche
Seconded by Henbest
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 832
1 AMENDMENTS TO SECTION 2
2 On page 5 of the printed bill, in line 26, following ";" insert: "and"; in
3 line 28, delete "; and" and insert: "."; delete lines 29 and 30; in line 34,
4 following ";" insert: "and"; in line 35, delete "; and" and insert: "."; and
5 delete lines 36 and 37.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 832, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF HEALTH AND WELFARE; AMENDING SECTION 56-1003, IDAHO
3 CODE, TO PROVIDE FOR OVERSIGHT OF THE DEPARTMENT OF HEALTH AND WELFARE BY
4 THE BOARD OF HEALTH AND WELFARE AND TO PROVIDE AN EXCEPTION TO THE POWERS
5 AND DUTIES OF THE DEPARTMENT'S DIRECTOR; AND AMENDING SECTION 56-1005,
6 IDAHO CODE, TO INCREASE THE MEMBERSHIP OF THE BOARD, TO PROVIDE FOR CER-
7 TAIN QUALIFICATIONS FOR BOARD MEMBERS APPOINTED BY THE GOVERNOR, TO PRO-
8 VIDE FOR CERTAIN ADDITIONAL VOTING AND NONVOTING MEMBERS TO THE BOARD, TO
9 REMOVE THE REQUIREMENT THAT A BOARD SECRETARY BE ELECTED, TO PROVIDE FOR
10 MEETINGS AND SPECIAL MEETINGS, TO REVISE BOARD DUTIES, TO REVISE VOTING
11 REQUIREMENTS, TO PROVIDE ADDITIONAL BOARD POWERS AND DUTIES AND TO REQUIRE
12 CERTAIN ISSUES TO BE ADDRESSED IN AN ANNUAL REPORT BY THE BOARD TO THE
13 GOVERNOR AND LEGISLATURE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 56-1003, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 56-1003. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the
18 following powers and duties:
19 (1) All of the powers and duties of the department of public health, the
20 department of health, the board of health and all nonenvironmental protection
21 duties of the department of health and welfare are hereby vested to the direc-
22 tor of the department of health and welfare. Provided however, that oversight
23 of the department and rulemaking and hearing functions relating to public
24 health and licensure and certification standards shall be vested in the board
25 of health and welfare. Except when the authority is vested in the board of
26 health and welfare under law, tThe director shall have all such powers and
27 duties as may have been or could have been exercised by his predecessors in
28 law, including the authority to adopt, promulgate, and enforce rules, in those
29 circumstances when the authority to adopt, promulgate, and enforce such rules
30 is not vested in the board of health and welfare, and shall be the successor
31 in law to all contractual obligations entered into by predecessors in law. All
32 rulemaking proceedings and hearings of the director shall be governed by the
33 provisions of chapter 52, title 67, Idaho Code.
34 (2) The director shall, pursuant and subject to the provisions of the
35 Idaho Code, and the provisions of this chapter, formulate and recommend to the
36 board rules, codes and standards, as may be necessary to deal with problems
37 related to personal health, and licensure and certification requirements per-
38 tinent thereto, which shall, upon adoption by the board, have the force of law
39 relating to any purpose which may be necessary and feasible for enforcing the
40 provisions of this chapter including, but not limited to, the maintenance and
41 protection of personal health. Any such rule or standard may be of general
42 application throughout the state or may be limited as to times, places, cir-
43 cumstances or conditions in order to make due allowance for variations
2
1 therein.
2 (3) The director, under the rules, codes or standards adopted by him,
3 shall have the general supervision of the promotion and protection of the
4 life, health and mental health of the people of this state. The powers and
5 duties of the director shall include, but not be limited to, the following:
6 (a) The issuance of licenses and permits as prescribed by law and by the
7 rules of the board;
8 (b) The supervision and administration of laboratories and the supervi-
9 sion and administration of standards of tests for environmental pollution,
10 chemical analyses and communicable diseases. The director may require that
11 laboratories operated by any city, county, institution, person, firm or
12 corporation for health or environmental purposes conform to standards set
13 by the board of health and welfare and the board of environmental quality;
14 (c) The supervision and administration of a mental health program, which
15 shall include services for the evaluation, screening, custody and treat-
16 ment of the mentally ill and those persons suffering from a mental defect,
17 or mental defects;
18 (d) The enforcement of minimum standards of health, safety and sanitation
19 for all public swimming pools within the state;
20 (e) The supervision and administration of the various schools, hospitals
21 and institutions that were the responsibility of the board of health;
22 (f) The supervision and administration of services dealing with the prob-
23 lems of alcoholism including, but not limited to, the care and rehabilita-
24 tion of persons suffering from alcoholism;
25 (g) The establishment of liaison with other governmental departments,
26 agencies and boards in order to effectively assist other governmental
27 entities with the planning for the control of or abatement of health prob-
28 lems. All of the rules and standards adopted by the board shall apply to
29 state institutions;
30 (h) The supervision and administration of an emergency medical service
31 program including, but not limited to, assisting other governmental agen-
32 cies and local governmental units, in providing first aid emergency medi-
33 cal services and for transportation of the sick and injured;
34 (i) The supervision and administration of administrative units whose
35 responsibility shall be to assist and encourage counties, cities, other
36 governmental units, and industries in the control of and/or abatement of
37 health problems;
38 (j) The enforcement of all laws, rules, codes and standards relating to
39 health.
40 (4) The director, when so designated by the governor, shall have the
41 power to apply for, receive on behalf of the state, and utilize any federal
42 aid, grants, gifts, gratuities, or moneys made available through the federal
43 government.
44 (5) The director shall have the power to enter into and make contracts
45 and agreements with any public agencies or municipal corporations for facili-
46 ties, land, and equipment when such use will have a beneficial, recreational,
47 or therapeutic effect or be in the best interest in carrying out the duties
48 imposed upon the department.
49 The director shall also have the power to enter into contracts for the
50 expenditure of state matching funds for local purposes. This subsection will
51 constitute the authority for public agencies or municipal corporations to
52 enter into such contracts and expend money for the purposes delineated in such
53 contracts.
54 (6) The director is authorized to adopt an official seal to be used on
55 appropriate occasions, in connection with the functions of the department or
3
1 the board, and such seal shall be judicially noticed. Copies of any books,
2 records, papers and other documents in the department shall be admitted in
3 evidence equally with the originals thereof when authenticated under such
4 seal.
5 (7) The director, under rules adopted by the board of health and welfare,
6 shall have the power to impose and enforce orders of isolation and quarantine
7 to protect the public from the spread of infectious or communicable diseases
8 or from contamination from chemical or biological agents, whether naturally
9 occurring or propagated by criminal or terrorist act.
10 (a) An order of isolation or quarantine issued pursuant to this section
11 shall be a final agency action for purposes of judicial review. However,
12 this shall not prevent the director from reconsidering, amending or with-
13 drawing the order. Judicial review of orders of isolation or quarantine
14 shall be de novo. The court may affirm, reverse or modify the order and
15 shall affirm the order if it appears by a preponderance of the evidence
16 that the order is reasonably necessary to protect the public from a sub-
17 stantial and immediate danger of the spread of an infectious or communica-
18 ble disease or from contamination by a chemical or biological agent.
19 (b) If the director has reasonable cause to believe a chemical or biolog-
20 ical agent has been released in an identifiable place, including a build-
21 ing or structure, an order of quarantine may be imposed to prevent the
22 movement of persons into or out of that place, for a limited period of
23 time, for the purpose of determining whether a person or persons at that
24 place have been contaminated with a chemical or biological agent which may
25 create a substantial and immediate danger to the public.
26 (c) Any person who violates an order of isolation or quarantine shall be
27 guilty of a misdemeanor.
28 SECTION 2. That Section 56-1005, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 56-1005. BOARD -- COMPOSITION -- OFFICERS -- COMPENSATION -- POWERS --
31 SUBPOENA -- DEPOSITIONS -- REVIEW -- RULES. (1) The board of health and wel-
32 fare shall consist of eleven (11) members, seven (7) members who of which
33 shall be appointed by the governor, with the advice and consent of the senate.
34 The members appointed by the governor may be removed by the governor for
35 cause. Each member of the board appointed by the governor shall be a citizen
36 of the United States, a resident of the state of Idaho, and a qualified elec-
37 tor. Not more than four (4) members of the board appointed by the governor
38 shall be from any one (1) political party. All Of the members of the board
39 appointed by the governor, four (4) members shall be chosen with due regard to
40 their knowledge and interest in health and social services, two (2) members
41 shall be chosen based on their experience in business or finance, and one (1)
42 member shall be selected as a representative of the public at large. The other
43 four (4) members of the board shall be:
44 (a) The chairperson of the senate health and welfare committee, or the
45 chair's designee;
46 (b) The chairperson of the house of representatives health and welfare
47 committee, or the chair's designee;
48 (c) The director of the department of health and welfare, who shall serve
49 as the board's secretary and as a nonvoting member; and
50 (d) A representative of the office of the governor, as designated by the
51 governor, who shall serve as a nonvoting member.
52 (2) The members of the board of health and welfare appointed by the gov-
53 ernor, serving on the effective date of this act shall continue in office as
4
1 members of the board of health and welfare. All members of the board of health
2 and welfare appointed by the governor shall serve four (4) year terms.
3 (3) The board annually shall elect a chairman, and a vice chairman, and a
4 secretary, and shall hold such meetings as may be necessary for the orderly
5 conduct of its business, and such meetings shall be held from time to time on
6 seventy-two (72) hours' notice of the chairman or a majority of the members no
7 less than once every two (2) months. Special meetings of the board may be
8 called by the chairman of the board, by a majority of the voting members of
9 the board or, on written request, by the director of the department of health
10 and welfare. Five (5) members shall be necessary to constitute a quorum at any
11 regular or special meeting and the action of the majority of members present
12 shall be the action of the board. The members of the board shall be compen-
13 sated as provided in section 59-509(h), Idaho Code.
14 (4) The board, in furtherance of its duties under this act law and under
15 its rules, shall have the power to administer oaths, certify to official acts,
16 and to issue subpoenas for the attendance of witnesses and the production of
17 papers, books, accounts, documents and testimony. The board may, if a witness
18 refuses to attend or testify, or to produce any papers required by such sub-
19 poenas, report to the district court in and for the county in which the pro-
20 ceeding is pending, by petition, setting forth that due notice has been given
21 of the time and place of attendance of said witnesses, or the production of
22 said papers, that the witness has been properly summoned, and that the witness
23 has failed and refused to attend or produce the papers required by this sub-
24 poena before the board, or has refused to answer questions propounded to him
25 in the course of said proceedings, and ask an order of said court compelling
26 the witness to attend and testify and produce said papers before the board.
27 The court, upon the petition of the board, shall enter an order directing the
28 witness to appear before the court at a time and place to be fixed by the
29 court in such order, the time to be not more than ten (10) days from the date
30 of the order, and then and there shall show cause why he has not attended and
31 testified or produced said papers before the board. A copy of said order shall
32 be served upon said witness. If it shall appear to the court that said sub-
33 poena was regularly issued by the board and regularly served, the court shall
34 thereupon order that said witness appear before the board at the time and
35 place fixed in said order, and testify or produce the required papers. Upon
36 failure to obey said order, said witness shall be dealt with for contempt of
37 court.
38 (5) The director, his designee, or any party to the action may, in an
39 investigation or hearing before the board, cause the deposition or interroga-
40 tory of witnesses or parties residing within or without the state, to be taken
41 in the manner prescribed by law for like depositions and interrogatories in
42 civil actions in the district court of this state, and to that end may compel
43 the attendance of said witnesses and production of books, documents, papers
44 and accounts.
45 (6) Any person aggrieved by an action or inaction of the department of
46 health and welfare shall be afforded an opportunity for a fair hearing upon
47 request therefor in writing pursuant to chapter 52, title 67, Idaho Code, and
48 the rules promulgated thereunder. In those cases where the board has been
49 granted the authority to hold such a hearing pursuant to a provision of the
50 Idaho Code, the hearing may be conducted by the board at a regular or special
51 meeting, or the board may designate hearing officers, who shall have the power
52 and authority to conduct hearings in the name of the board at any time and
53 place. In any hearing, a member of the board or hearing officer designated by
54 it, shall have the power to administer oaths, examine witnesses, and issue in
55 the name of the board subpoenas requiring the testimony of witnesses and the
5
1 production of evidence relevant to any matter in the hearing.
2 (7) Any person adversely affected by a final determination of the board,
3 may secure judicial review by filing a petition for review as prescribed under
4 the provisions of chapter 52, title 67, Idaho Code. The petition for review
5 shall be served upon the chairman of the board, the director of the depart-
6 ment, and upon the attorney general of the state of Idaho. Such service shall
7 be jurisdictional and the provisions of this section shall be the exclusive
8 procedure for appeal.
9 (8) The board, by the affirmative vote of four (4) five (5) of its mem-
10 bers, may adopt, amend or repeal the rules, codes, and standards of the
11 department, that are necessary and feasible in order to carry out the purposes
12 and provisions of this act its duties and responsibilities and to enforce the
13 laws of this state.
14 The rules and orders so adopted and established shall have the force and
15 effect of law and may deal with any matters deemed necessary and feasible for
16 protecting the health of the state.
17 (9) All rulemaking proceedings and hearings of the board shall be gov-
18 erned by the provisions of chapter 52, title 67, Idaho Code.
19 (10) In addition to any other powers and duties granted to the board under
20 law, the board shall:
21 (a) Advise the director and the governor on department fiscal, policy and
22 administrative matters;
23 (b) Review and advise the director regarding the department's strategic
24 plan and performance measures;
25 (c) Develop goals and standards to measure department efficiency and
26 effectiveness; and
27 (d) Review and advise the director and the governor on department
28 initiatives.
29 (11) The board shall provide an annual report to the governor and to the
30 legislature prior to the start of each legislative session, addressing:
31 (a) The key department fiscal and policy issues;
32 (b) The department's managerial and overall performance; and
33 (c) The major proposed and ongoing departmental initiatives.
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STATEMENT OF PURPOSE
RS 16257
This legislation expands the Board of Health and Welfare's
oversight of the Department of Health and Welfare. The
proposal requires the board to take a more active role by
advising the Governor and director on fiscal, policy, and
administrative matters; becoming a participant in the
department's strategic planning efforts; and commenting on
proposed department initiatives such as service integration
and Medicaid reform. The legislation also seeks to improve
communication between the department and the Legislature by
making the chairs of the Senate and House Health and Welfare
committee regular voting members of the board, and requiring
the board to submit an annual report to lawmakers.
FISCAL NOTE
Increasing the size of the board and frequency of board
meetings will result in some increase in travel and related
expenses. Additional costs will also be incurred for the
board to comply with new reporting requirements. Additional
costs shall be incurred for mailing costs of $1,000;
publication costs of $5,000 for a new annual report; and
$15,900 for additional travel and per diem for four new
board members. This projection assumes there will be 4 one-
day meetings, and 2 two-day meetings each year. The General
Fund portion will be $13,200 and the federal fund portion is
$8,800 for a total of $22,000.
Contact:
Name: Rep Henbest
Phone 332-1000
Name: Sen. Keough
Phone 332-1000
Statement of Purpose/Fiscal Note H 832
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