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H0565aa...............................................by HEALTH AND WELFARE
RESIDENTIAL CARE ADMINISTRATORS - Amends existing law relating to the Idaho
Residential Care Administrators Act to revise provisions applicable to
educational programs; to revise provisions applicable to the issuance of
residential care facility administrator licenses; and to revise grounds for
disciplinary action.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
02/27 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 61-0-9
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins,
Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ringo, Roberts, Rusche, Rydalch, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Boe, Brackett, Ring, Sali,
Sayler, Stevenson, Trail
Floor Sponsor - McGeachin
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, 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 -- None
Floor Sponsor - Broadsword
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 125
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. 565
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT; AMENDING SECTION
3 54-4208, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO EDUCATIONAL PRO-
4 GRAMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-4211, IDAHO
5 CODE, TO REMOVE LANGUAGE PROVIDING FOR THE ISSUANCE OF RESIDENTIAL CARE
6 FACILITY ADMINISTRATOR LICENSES TO CERTAIN INDIVIDUALS; AND AMENDING SEC-
7 TION 54-4213, IDAHO CODE, TO REVISE GROUNDS FOR DISCIPLINARY ACTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 54-4208, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-4208. ISSUANCE OF LICENSE -- EDUCATIONAL PROGRAMS. (1) An applicant
12 for a license as a residential care facility administrator who has success-
13 fully complied with the requirements of section 54-4206, Idaho Code, and the
14 standards provided for therein, has passed the examination provided for in
15 section 54-4207, Idaho Code, and, where applicable, has complied with the
16 requirements of section 54-4211, Idaho Code, shall be issued a license.
17 (2). Any license issued by the board under or pursuant to the provisions
18 of this section shall be under the hand and seal of the chairman of the board.
19 (3) If the board finds that programs of training and instruction con-
20 ducted within the state are not sufficient in number or content to enable
21 applicants for residential care facility administrators' licenses and residen-
22 tial care facility administrators to meet requirements established pursuant to
23 this chapter, it shall institute and conduct or arrange with others to conduct
24 one (1) or more such programs, and shall make provision for their accessibil-
25 ity to appropriate residents of this state. The board may approve programs
26 conducted within and outside of this state as sufficient to meet education and
27 training requirements established pursuant to this chapter.
28 SECTION 2. That Section 54-4211, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-4211. PROVISIONAL PERMITS. (1) Pending issuance of a license, the
31 board may issue a provisional permit for a period not exceeding three (3)
32 months, without an examination to an applicant who files a written application
33 for a provisional permit and who is otherwise qualified but does not meet the
34 examination requirements and is applying to fill a vacancy on an emergency
35 basis.
36 (2) Any individual who holds a valid Idaho nursing home administrator's
37 license and is in good standing according to the provisions of chapter 16,
38 title 54, Idaho Code, shall be deemed to meet the requirements for issuance of
39 a residential care facility administrator's license and shall be issued one,
40 upon application and payment of appropriate fees.
2
1 SECTION 3. That Section 54-4213, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or
4 refuse to renew, or refuse to issue, any license or permit issued under the
5 provisions of this chapter, or may reprimand, censure or otherwise discipline
6 the holder of a license or permit in accordance with the provisions of this
7 section upon decision and after due hearing in any of the following cases:
8 (a) Upon proof that such licensee is reasonably unfit to operate a resi-
9 dential care facility;
10 (b) Upon proof of the willful or repeated violation of any of the provi-
11 sions of this chapter or the rules enacted in accordance with, or of will-
12 ful or repeated actions in a manner inconsistent with the health and
13 safety of patients;
14 (c) Upon proof that such licensee has been convicted or found guilty of
15 committed fraud or deceit in the practice of residential care facility
16 administration or related activities or in the licensee's admission to
17 such practice;
18 (d) Upon proof that such licensee has permitted the unauthorized disclo-
19 sure of information relating to a resident in the residential care facil-
20 ity under the administration of the licensee;
21 (e) Conviction of, pleading guilty or nolo contendere to, or receiving a
22 withheld judgment of, a felony or any crime involving dishonesty or the
23 health or safety of a person;
24 (f) Upon proof that the administrator had a license to practice a health
25 care profession or occupation in another state or jurisdiction and such
26 license was suspended or revoked or the administrator has otherwise been
27 disciplined.
28 (2) The board, or a hearing officer designated by it, shall have juris-
29 diction to hear all charges brought under the provisions of this section
30 against residential care facility administrators, or provisional residential
31 care facility administrators, and upon such hearings shall determine such
32 charges upon their merits.
33 (3) Proceedings under this section shall be initiated by filing with the
34 board, charges in writing and under oath. The board on its own motion may con-
35 duct an investigation and initiate charges. The procedures for notification
36 and the hearing on such charges, unless dismissed by the board as unfounded or
37 trivial, shall be conducted pursuant to the provisions of chapter 52, title
38 67, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by McGeachin
Seconded by Bilbao
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 565
1 AMENDMENTS TO SECTION 2
2 On page 1 of the printed bill, in line 30, delete "(1)" and insert: "(1)";
3 and delete lines 36 through 40 and insert:
4 "(2) Any individual who holds a valid Idaho nursing home administrator's
5 license and is in good standing according to the provisions of chapter 16,
6 title 54, Idaho Code, shall may be deemed to meet the requirements for issu-
7 ance of a residential care facility administrator's license and shall may be
8 issued one, upon application and payment of appropriate fees.".
9 CORRECTION TO TITLE
10 On page 1, delete lines 5 and 6 and insert: "CODE, TO REVISE PROVISIONS
11 APPLICABLE TO THE ISSUANCE OF A RESIDENTIAL CARE FACILITY ADMINISTRATOR'S
12 LICENSE; AND AMENDING SEC-".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 565, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT; AMENDING SECTION
3 54-4208, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO EDUCATIONAL PRO-
4 GRAMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-4211, IDAHO
5 CODE, TO REVISE PROVISIONS APPLICABLE TO THE ISSUANCE OF A RESIDENTIAL
6 CARE FACILITY ADMINISTRATOR'S LICENSE; AND AMENDING SECTION 54-4213, IDAHO
7 CODE, TO REVISE GROUNDS FOR DISCIPLINARY ACTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 54-4208, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-4208. ISSUANCE OF LICENSE -- EDUCATIONAL PROGRAMS. (1) An applicant
12 for a license as a residential care facility administrator who has success-
13 fully complied with the requirements of section 54-4206, Idaho Code, and the
14 standards provided for therein, has passed the examination provided for in
15 section 54-4207, Idaho Code, and, where applicable, has complied with the
16 requirements of section 54-4211, Idaho Code, shall be issued a license.
17 (2). Any license issued by the board under or pursuant to the provisions
18 of this section shall be under the hand and seal of the chairman of the board.
19 (3) If the board finds that programs of training and instruction con-
20 ducted within the state are not sufficient in number or content to enable
21 applicants for residential care facility administrators' licenses and residen-
22 tial care facility administrators to meet requirements established pursuant to
23 this chapter, it shall institute and conduct or arrange with others to conduct
24 one (1) or more such programs, and shall make provision for their accessibil-
25 ity to appropriate residents of this state. The board may approve programs
26 conducted within and outside of this state as sufficient to meet education and
27 training requirements established pursuant to this chapter.
28 SECTION 2. That Section 54-4211, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-4211. PROVISIONAL PERMITS. (1) Pending issuance of a license, the
31 board may issue a provisional permit for a period not exceeding three (3)
32 months, without an examination to an applicant who files a written application
33 for a provisional permit and who is otherwise qualified but does not meet the
34 examination requirements and is applying to fill a vacancy on an emergency
35 basis.
36 (2) Any individual who holds a valid Idaho nursing home administrator's
37 license and is in good standing according to the provisions of chapter 16,
38 title 54, Idaho Code, shall may be deemed to meet the requirements for issu-
39 ance of a residential care facility administrator's license and shall may be
40 issued one, upon application and payment of appropriate fees.
2
1 SECTION 3. That Section 54-4213, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or
4 refuse to renew, or refuse to issue, any license or permit issued under the
5 provisions of this chapter, or may reprimand, censure or otherwise discipline
6 the holder of a license or permit in accordance with the provisions of this
7 section upon decision and after due hearing in any of the following cases:
8 (a) Upon proof that such licensee is reasonably unfit to operate a resi-
9 dential care facility;
10 (b) Upon proof of the willful or repeated violation of any of the provi-
11 sions of this chapter or the rules enacted in accordance with, or of will-
12 ful or repeated actions in a manner inconsistent with the health and
13 safety of patients;
14 (c) Upon proof that such licensee has been convicted or found guilty of
15 committed fraud or deceit in the practice of residential care facility
16 administration or related activities or in the licensee's admission to
17 such practice;
18 (d) Upon proof that such licensee has permitted the unauthorized disclo-
19 sure of information relating to a resident in the residential care facil-
20 ity under the administration of the licensee;
21 (e) Conviction of, pleading guilty or nolo contendere to, or receiving a
22 withheld judgment of, a felony or any crime involving dishonesty or the
23 health or safety of a person;
24 (f) Upon proof that the administrator had a license to practice a health
25 care profession or occupation in another state or jurisdiction and such
26 license was suspended or revoked or the administrator has otherwise been
27 disciplined.
28 (2) The board, or a hearing officer designated by it, shall have juris-
29 diction to hear all charges brought under the provisions of this section
30 against residential care facility administrators, or provisional residential
31 care facility administrators, and upon such hearings shall determine such
32 charges upon their merits.
33 (3) Proceedings under this section shall be initiated by filing with the
34 board, charges in writing and under oath. The board on its own motion may con-
35 duct an investigation and initiate charges. The procedures for notification
36 and the hearing on such charges, unless dismissed by the board as unfounded or
37 trivial, shall be conducted pursuant to the provisions of chapter 52, title
38 67, Idaho Code.
STATEMENT OF PURPOSE
RS 15378
Amending section 54-4208, Idaho Code, to clarify approved
educational training programs and to correct punctuation.
Amending section 54-4211, Idaho Code to delete language that
qualifies licensed nursing home administrators without
examination or experience for licensure as residential care
facility administrators
FISCAL NOTE
There is no fiscal impact on general or dedicated funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 565