2006 Legislation
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HOUSE BILL NO. 619 – Physical Therapy Practice Act

HOUSE BILL NO. 619

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Bill Status



H0619.................................................by HEALTH AND WELFARE
PHYSICAL THERAPY - Amends and adds to existing law relating to the Physical
Therapy Practice Act to revise definitions; to revise provisions applicable
to the establishment of the Physical Therapy Licensure Board; to provide
for the powers and duties of the board; to remove language requiring an
applicant to furnish references; to revise provisions applicable to the
renewal and reinstatement of licenses; to revise the grounds for
disciplinary action; to revise provisions applicable to disciplinary
actions and procedures; to revise provisions applicable to censure or
reprimand by the board; to provide for the disposition of receipts and
payment of expenses; to provide that the Department of Self-Governing
Agencies shall include the Idaho Physical Therapy Licensure Board; and to
empower the Bureau of Occupational Licenses to enter a written agreement
with the Physical Therapy Licensure Board.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson,
      Ellsworth, Eskridge, 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, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Deal, Field(18), Smith(24), Mr. Speaker
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Health/Wel
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    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 Sponsors - McGee & Brandt
    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 116
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 619
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PHYSICAL THERAPY PRACTICE ACT; AMENDING SECTION 54-2203, IDAHO
  3        CODE, TO DEFINE TERMS AND REVISE DEFINITIONS;  AMENDING  SECTION  54-2205,
  4        IDAHO  CODE,  TO  REVISE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF THE
  5        PHYSICAL THERAPY LICENSURE BOARD; AMENDING CHAPTER  22,  TITLE  54,  IDAHO
  6        CODE, BY THE ADDITION OF A NEW SECTION 54-2206, IDAHO CODE, TO PROVIDE FOR
  7        THE  POWERS AND DUTIES OF THE BOARD; AMENDING SECTION 54-2206, IDAHO CODE,
  8        TO REDESIGNATE THE SECTION, TO REMOVE LANGUAGE REQUIRING AN  APPLICANT  TO
  9        FURNISH  REFERENCES  AND  TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
 10        54-2207, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-2208,
 11        IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
 12        AMENDING SECTION 54-2209, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO
 13        REVISE A CODE REFERENCE; AMENDING SECTION 54-2210, IDAHO CODE, TO REDESIG-
 14        NATE THE SECTION AND TO REVISE A CODE REFERENCE; AMENDING SECTION 54-2211,
 15        IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
 16        AMENDING SECTION 54-2212, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
 17        SECTION  54-2213, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVI-
 18        SIONS APPLICABLE TO LICENSE RENEWAL AND TO REVISE A CODE REFERENCE; AMEND-
 19        ING SECTION 54-2214, IDAHO CODE, TO REDESIGNATE  THE  SECTION,  TO  REVISE
 20        DESCRIPTIVE  LANGUAGE  AND  TO REVISE PROVISIONS APPLICABLE TO THE RENEWAL
 21        AND REINSTATEMENT OF LICENSES;  AMENDING  SECTIONS  54-2215,  54-2216  AND
 22        54-2217,  IDAHO  CODE,  TO  REDESIGNATE  THE  SECTIONS;  AMENDING  SECTION
 23        54-2218, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE THE GROUNDS FOR
 24        DISCIPLINARY  ACTION  AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
 25        54-2219, IDAHO CODE, TO REDESIGNATE  THE  SECTION,  TO  REVISE  PROVISIONS
 26        APPLICABLE  TO  DISCIPLINE ACTIONS AND PROCEDURES AND TO REMOVE REFERENCES
 27        TO THE LICENSURE BOARD; AMENDING SECTION 54-2220, IDAHO CODE, TO  REDESIG-
 28        NATE  THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO CENSURE OR REPRI-
 29        MAND BY THE BOARD; AMENDING SECTIONS 54-2221 AND 54-2222, IDAHO  CODE,  TO
 30        REDESIGNATE  THE  SECTIONS;  AMENDING CHAPTER 22, TITLE 54, IDAHO CODE, BY
 31        THE ADDITION OF A NEW SECTION 54-2224, IDAHO CODE, TO PROVIDE FOR THE DIS-
 32        POSITION OF RECEIPTS AND PAYMENT OF EXPENSES;  AMENDING  SECTION  67-2601,
 33        IDAHO  CODE,  TO  PROVIDE  THAT  THE DEPARTMENT OF SELF-GOVERNING AGENCIES
 34        SHALL INCLUDE THE IDAHO PHYSICAL THERAPY LICENSURE BOARD, TO REMOVE A REF-
 35        ERENCE TO THE LICENSURE BOARD AS ASSOCIATED WITH THE BOARD OF MEDICINE AND
 36        TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 67-2602, IDAHO  CODE,
 37        TO  EMPOWER  THE BUREAU OF OCCUPATIONAL LICENSES TO ENTER A WRITTEN AGREE-
 38        MENT WITH THE PHYSICAL THERAPY LICENSURE BOARD.
                                                                        
 39    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 40        SECTION 1.  That Section 54-2203, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        54-2203.  DEFINITIONS. As used in this chapter:
 43        (1)  "Applicant"  means  a  person  applying for a license or permit under
                                                                        
                                           2
                                                                        
  1    this chapter.
  2        (2)  "Board" means the Idaho state board of medicine.
  3        (2)  "Licensure board" means the physical therapy licensure board.
  4        (3)  "Bureau" means the bureau of occupational licenses.
  5        (4)  "Department" means the department of self-governing agencies.
  6        (5)  "License" means a document issued by the board to a person under this
  7    chapter authorizing the person to practice as a physical therapist or physical
  8    therapist assistant.
  9        (6)  "Physical therapist" means a person who meets  all  the  requirements
 10    licensed  under the provisions of this chapter and who to engages in the prac-
 11    tice of physical therapy.
 12        (47)  "Physical therapist assistant" means a person who meets the require-
 13    ments of this chapter and who performs physical therapy procedures and related
 14    tasks that have been selected and delegated only  by  a  supervising  physical
 15    therapist.
 16        (58)  "Physical  therapy" means the care and services provided by or under
 17    the direction and supervision of a physical therapist.
 18        (69)  The "practice of physical therapy" means the exercise of the profes-
 19    sion of physical therapy by a person who engages in the following health  care
 20    activities:
 21        (a)  Examining,   evaluating  and  testing  individuals  with  mechanical,
 22        physiological and developmental impairments, functional  limitations,  and
 23        disability  or  other  health  and movement related conditions in order to
 24        determine a diagnosis for physical  therapy  and  prognosis  for  physical
 25        therapy,  plan  of  therapeutic  intervention,  and  to assess the ongoing
 26        effects of intervention.
 27        (b)  Alleviating impairments  and  functional  limitations  by  designing,
 28        implementing and modifying therapeutic interventions that include, but are
 29        not  limited  to:  therapeutic  exercise;  functional mobility training in
 30        self-care and in-home, community or work  reintegration;  manual  therapy;
 31        assistive,  adaptive,  protective  and  supportive  devices and equipment;
 32        bronchopulmonary hygiene; debridement and wound care; physical  agents  or
 33        modalities;  mechanical  and  electrotherapeutic  modalities;  and patient
 34        related instruction; and to reduce the risk of injury,  impairment,  func-
 35        tional limitation, and disability, including the promotion and maintenance
 36        of  fitness, health, and quality of life in all age populations. The prac-
 37        tice of physical therapy shall not include the use of  radiology,  surgery
 38        or medical diagnosis of disease.
 39        (c)  Engaging  in  administration,  consultation,  testing,  education and
 40        research as related to paragraphs (a) and (b) of this subsection.
 41        (710) "Supportive personnel" means a person or persons trained  under  the
 42    direction  of a physical therapist who performs designated and supervised rou-
 43    tine physical therapy tasks.
                                                                        
 44        SECTION 2.  That Section 54-2205, Idaho Code, be, and the same  is  hereby
 45    amended to read as follows:
                                                                        
 46        54-2205.  PHYSICAL  THERAPY  LICENSURE  BOARD.  (1) There is hereby estab-
 47    lished in the department of self-governing agencies a physical therapy  licen-
 48    sure  board.  to  the Idaho state board of medicine. The licensure board shall
 49    consist of five (5) members appointed by the board governor, three (3) of whom
 50    shall be licensed physical therapists, one (1) of whom may be a licensed phys-
 51    ical therapist assistant or a licensed physical therapist, and one (1) of whom
 52    shall be a member of the public with an interest in the  rights  of  the  con-
 53    sumers  of  health services. All members of the licensure board shall be resi-
                                                                        
                                           3
                                                                        
  1    dents of Idaho at the time of their appointment and for their term of service.
  2    The persons appointed to the licensure board who are required to  be  licensed
  3    under  this  chapter  shall have been engaged in rendering physical therapy or
  4    physical therapy assistant care services,  respectively,  to  the  public,  in
  5    teaching,  or  in  research  in physical therapy or physical therapy assistant
  6    care services, respectively, for at least three (3) years immediately  preced-
  7    ing  their  appointments. These members, excepting the public member, shall at
  8    all times be holders of  valid  licenses  and  be  in  good  standing  without
  9    restriction upon such license for the practice of physical therapy or physical
 10    therapy assistant, respectively, in Idaho.
 11        (2)  The  board governor, within sixty (60) days after the effective  date
 12    of this act, shall appoint two (2) licensure board members for a term  of  one
 13    (1)  year; two (2) members for a term of two (2) years; and one (1) member for
 14    a term of three (3) years. Appointments made thereafter shall be for three (3)
 15    year terms, but no person shall be appointed to serve more than two  (2)  con-
 16    secutive  terms.  Terms  shall begin on the first day of the calendar year and
 17    end on the last day of the calendar year or until  successors  are  appointed,
 18    except for the first appointed members who shall serve through the last calen-
 19    dar  day  of the year in which they are appointed, before commencing the terms
 20    prescribed in this section.
 21        (3)  The members of the licensure board shall be  selected  by  the  board
 22    governor  after  considering a list of three (3) qualified applicants for each
 23    such vacancy submitted by the Idaho physical therapy association.
 24        (4)  The licensure board, within sixty (60) days after the effective  date
 25    of  this act, and annually thereafter, shall hold a meeting and elect a chair-
 26    man who shall preside at meetings of the licensure board.  In  the  event  the
 27    chairman  is  not  present at any licensure board meeting, the licensure board
 28    may by majority vote of the members present appoint a  temporary  chairman.  A
 29    majority  of  the  members  of  the licensure board shall constitute a quorum.
 30    Other meetings may be convened at the call of the chairman or upon the written
 31    request of any two (2) licensure board members.
 32        (5)  Each member of the licensure board shall be compensated  as  provided
 33    in section 59-509(h), Idaho Code.
 34        (6)  The  licensure  board  shall work in conjunction with the Idaho state
 35    board of medicine to enforce the provisions of this chapter and shall  perform
 36    the duties and functions assigned to the licensure board by the board, includ-
 37    ing, but not limited to:
 38        (a)  Evaluating  the  qualifications of applicants for licensure, adminis-
 39        tering examinations, and issuing and renewing licenses;
 40        (b)  Performing investigations of misconduct  and  making  recommendations
 41        regarding discipline;
 42        (c)  Maintaining a list of licensed physical therapists and physical ther-
 43        apist assistants in this state;
 44        (d)  Evaluating  curricula  of  nationally  accredited schools of physical
 45        therapy and physical therapy assistant;
 46        (e)  Reviewing and recommending fees to be assessed by the board  for  the
 47        issuance and renewal of licenses; and
 48        (f)  Establishing criteria and recommending administrative rules.
 49        (7)  Members of the board shall disqualify themselves and, upon the motion
 50    of  any interested party may, upon proper showing, be disqualified in any pro-
 51    ceeding concerning which they have an actual conflict of interest or bias that
 52    interferes with their fair and impartial service.
 53        (87)  The board governor may remove any member of the licensure board from
 54    the membership of the licensure board who is guilty  of  malfeasance,  misfea-
 55    sance or nonfeasance.
                                                                        
                                           4
                                                                        
  1        SECTION  3.  That  Chapter  22,  Title 54, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 54-2206, Idaho Code, and to read as follows:
                                                                        
  4        54-2206.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
  5    ity to administer, coordinate and enforce the provisions of this chapter. Such
  6    authority shall include, but not be limited to, the power to:
  7        (1)  Evaluate  the qualifications of applicants for licensure, approve and
  8    administer examinations to test the knowledge and  proficiency  of  applicants
  9    for  licensure,  and approve or deny the registration and issuance and renewal
 10    of licenses and permits;
 11        (2)  Authorize all disbursements necessary to carry out the provisions  of
 12    this chapter;
 13        (3)  Promulgate  rules  not inconsistent with the laws of this state which
 14    are necessary to carry out the provisions of this chapter;
 15        (4)  Adopt rules providing for continuing education;
 16        (5)  Obtain restraining orders  and  injunctions  prohibiting  conduct  in
 17    violation  of  the  provisions  of this chapter, conduct investigations, issue
 18    subpoenas, and examine witnesses and administer  oaths,  concerning  practices
 19    which are alleged to violate the provisions of this chapter;
 20        (6)  Suspend  or revoke or otherwise sanction licensees in the manner pro-
 21    vided in this chapter, or place a person holding a license under this  chapter
 22    on probation;
 23        (7)  Require  as  a  condition  of receiving or retaining a license issued
 24    under this chapter that restitution be paid to a consumer;
 25        (8)  Require the inspection of testing equipment and facilities of persons
 26    engaging in any practice pursuant to this chapter;
 27        (9)  As the board deems reasonable, take notice  of  and  give  effect  to
 28    prior licenses issued to physical therapists and physical therapist assistants
 29    in  the  state of Idaho by the state board of medicine and such other actions,
 30    proceedings, orders or decisions of the state board of medicine involving com-
 31    plaints, investigations,  discipline  or  other  matters  concerning  physical
 32    therapists or physical therapist assistants; and
 33        (10)  Authorize, by written agreement, the bureau of occupational licenses
 34    to act as its agent in its interest.
                                                                        
 35        SECTION  4.  That  Section 54-2206, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        54-22067.  APPLICATION FOR LICENSURE AND FEES. An applicant for  licensure
 38    as a physical therapist or physical therapist assistant shall file an applica-
 39    tion with the board on forms prescribed and furnished by the board. The appli-
 40    cation  shall be made under oath, and shall show the applicant's address, edu-
 41    cation, evidence of graduation from a nationally accredited school of physical
 42    therapy or nationally accredited school for physical therapist assistants with
 43    a curriculum acceptable to the board and a detailed summary of any other qual-
 44    ifications deemed relevant to licensure by the board.  The  application  shall
 45    also  require  the disclosure of any criminal conviction or charge against the
 46    applicant other than minor traffic infractions, the disclosure of  any  disci-
 47    plinary  action  against  the applicant by any professional regulatory agency,
 48    including any agency within the state or any other state, and  the  disclosure
 49    of any denial of registration or licensure by any state or district regulatory
 50    body.  An  applicant  shall also furnish not less than two (2) references from
 51    persons having personal knowledge of the applicant's moral character.  A  non-
 52    refundable nonrefundable application fee and payment for the cost of the exam-
                                                                        
                                           5
                                                                        
  1    ination  shall  accompany  the  completed  written  application. Fees shall be
  2    established by the administrative rules of the board.
                                                                        
  3        SECTION 5.  That Section 54-2207, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        54-22078.  DENIAL  OF  APPLICATION.  An application for licensure that has
  6    been denied by the board shall be considered a contested case as provided  for
  7    in  chapter 52, title 67, Idaho Code, and be subject to the provisions of that
  8    chapter, as well as the administrative rules adopted by  the  board  governing
  9    contested cases.
                                                                        
 10        SECTION  6.  That  Section 54-2208, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        54-22089.  EXAMINATIONS. (1) The board shall  authorize  examinations  and
 13    permit  any applicant whose application for licensure has been accepted by the
 14    board to take the board approved examinations. The board shall  determine  the
 15    passing score for examinations. Examinations shall test for entry-level compe-
 16    tence and requisite knowledge and skills in the technical application of phys-
 17    ical therapy services.
 18        (2)  An  applicant  who fails an examination may retake an examination one
 19    (1) additional time without reapplication for  licensure,  provided  that  the
 20    second  examination  occurs within six (6) months from the notification of the
 21    first failure.
 22        (3)  The board shall have the authority  to  prescribe  additional  course
 23    work  or clinical work for any applicant who has failed an examination two (2)
 24    or more times.  An applicant applying for licensure who has failed  any  board
 25    authorized  examination two (2) or more times shall reapply and demonstrate to
 26    the board's satisfaction evidence of successful completion of additional clin-
 27    ical training or course work coursework as determined by the board.
                                                                        
 28        SECTION 7.  That Section 54-2209, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        54-220910.  QUALIFICATIONS  FOR LICENSURE. To be eligible for licensure as
 31    a physical therapist or physical therapist assistant, a person must:
 32        (1)  Be of good moral character; and
 33        (2)  Submit a completed written application to the  board  on  forms  fur-
 34    nished  by the board which shall require proof of graduation from a nationally
 35    accredited school, with a curriculum acceptable to  the  board,  for  physical
 36    therapists  or  physical therapist assistants, and have completed the applica-
 37    tion process; and
 38        (3)  Have either passed to the satisfaction of the board,  an  examination
 39    authorized by the board to determine his or her fitness to practice as a phys-
 40    ical  therapist  or  physical therapist assistant, or be entitled to and apply
 41    for licensure by endorsement as provided for in section 54-22101, Idaho Code.
                                                                        
 42        SECTION 8.  That Section 54-2210, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        54-22101.  QUALIFICATIONS  FOR  LICENSURE BY ENDORSEMENT. A person who can
 45    show to the satisfaction of the board that he or she has  met  the  qualifica-
 46    tions  set  forth in section 54-220910(1) and (2), Idaho Code, and who, at the
 47    time of application,  is a licensed or registered physical therapist or physi-
                                                                        
                                           6
                                                                        
  1    cal therapist assistant in good standing under the laws of  another  state  or
  2    territory,  and  who can show to the satisfaction of the board that the person
  3    has passed a physical therapist or physical  therapist  assistant  examination
  4    which  is  substantially similar to an examination authorized by the board, as
  5    determined by the board, shall be entitled to  licensure  without  examination
  6    upon payment to the board of the licensure fee.
                                                                        
  7        SECTION  9.  That  Section 54-2211, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-22112.  QUALIFICATIONS  FOR  LICENSURE  OF  FOREIGN-EDUCATED   PHYSICAL
 10    THERAPISTS. (1) An applicant for licensure as a physical therapist or physical
 11    therapist assistant who has been educated outside of the United States shall:
 12        (a)  Be of good moral character; and
 13        (b)  Submit  a  completed  written  application to the board on forms fur-
 14        nished by the board which shall require proof of graduation from a  school
 15        for physical therapists or physical therapist assistants with a curriculum
 16        acceptable to the board; and
 17        (c)  Have  his  or her education credentials evaluated by a board approved
 18        credential evaluation agency and provide satisfactory evidence that his or
 19        her education is substantially equivalent to the requirements of  physical
 20        therapists  or physical therapist assistants educated in accredited educa-
 21        tional programs as determined by the board. If the board determines that a
 22        foreign-educated applicant's education is not substantially equivalent, it
 23        may require successful completion of  additional  course  work  coursework
 24        before proceeding with the application process;
 25        (d)  Provide  written  proof that the school of physical therapy education
 26        is recognized by its own ministry of education;
 27        (e)  If the applicant has actually practiced as a  physical  therapist  or
 28        physical  therapist  assistant abroad, the applicant shall provide written
 29        proof of authorization to practice as a physical therapist without limita-
 30        tions in the country where the professional education occurred;
 31        (f)  Provide proof of legal authorization to reside and seek employment in
 32        the United States or its territories;
 33        (g)  Have successfully passed an examination authorized by the board.
 34        (2)  Notwithstanding the provisions  of  this  section,  if  the  foreign-
 35    educated  physical  therapist  or  physical therapist assistant applicant is a
 36    graduate of a professional physical therapy education program accredited by an
 37    agency approved by the board, requirements in subsections (1)(c) and (1)(d) of
 38    this section shall be waived.
                                                                        
 39        SECTION 10.  That Section 54-2212, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        54-22123.  EXEMPTIONS -- MILITARY, STUDENTS, EDUCATORS. In addition to the
 42    exemptions  provided  in  section  54-2204,  Idaho Code, the following persons
 43    shall also be exempt from licensure under this chapter:
 44        (1)  A physical therapist while practicing in the United States armed ser-
 45    vices, United States public health service or veterans administration as based
 46    on requirements under federal regulations for state licensure of  health  care
 47    providers.
 48        (2)  A  person  who is pursuing a course of study leading to a degree as a
 49    physical therapist or physical therapist assistant in an accredited  or  board
 50    approved  professional education program and is satisfying supervised clinical
 51    education requirements related to his or her physical therapy education.
                                                                        
                                           7
                                                                        
  1        (3)  A physical therapist licensed and in good standing  in  another  U.S.
  2    jurisdiction, or a foreign-educated physical therapist credentialed in another
  3    country,  performing  physical therapy as part of teaching or participating in
  4    an educational seminar of no more than sixty (60) days in a calendar year.
                                                                        
  5        SECTION 11.  That Section 54-2213, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        54-22134.  LICENSE  RENEWAL. (1) A license shall be issued for a period of
  8    not less than one (1) year nor more than five (5) years, in  conformance  with
  9    administrative  rules  adopted  by the board. Each license shall set forth its
 10    expiration date on the face of the certificate. The failure of any licensee to
 11    renew his or her license, as required herein and by the  administrative  rules
 12    of  the board shall not deprive such person of the right to renewal, except as
 13    provided for in section 54-2214(2)5, Idaho Code.
 14        (2)  On and after July 1, 2007, each individual applicant for  renewal  of
 15    an  active  license  shall, on or before the expiration of the license, submit
 16    satisfactory proof to the board of successful  completion  of  not  less  than
 17    thirty-two  sixteen  (3216) hours of board-approved continuing education every
 18    two (2) years and as set forth in administrative  rules  adopted  pursuant  to
 19    this  chapter.  The board, in its discretion, may require such additional evi-
 20    dence as is necessary to verify compliance.
 21        (3)  Fees for licensure of  physical  therapists  and  physical  therapist
 22    assistants  shall  be fixed by the board in its administrative rules. All fees
 23    shall be transmitted to the state treasurer for credit to the board's account.
 24        (4)  All licensed physical therapists  or  physical  therapist  assistants
 25    shall  report  to  the  board  any name change or changes in business and home
 26    addresses prior to the expiration of thirty (30) days after the change becomes
 27    final.
                                                                        
 28        SECTION 12.  That Section 54-2214, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        54-22145.  RENEWAL  AND  REINSTATEMENT  OF LICENSE. (1) Reinstatement of a
 31    lapsed license shall require the payment of a renewal fee, satisfactory  proof
 32    of  successful completion of the continuing education requirement set forth in
 33    section 54-2213(2), Idaho Code, and a reinstatement fee in accordance with the
 34    administrative rules adopted by the board, provided  however,  that  no  rein-
 35    statement fee shall be greater in amount than fifty dollars ($50.00).
 36        (2)  Reinstatement  of a license that has lapsed for a period of more than
 37    three (3) consecutive years shall require reapplying for a license and payment
 38    of fees in accordance with the administrative rules adopted by the board.  The
 39    individual shall successfully demonstrate to the board competency in the prac-
 40    tice  of physical therapy. The board may also require the applicant to take an
 41    examination, remedial courses, or both, as shall be determined  by  the  board
 42    All  licenses  issued under the provisions of this chapter shall be subject to
 43    annual renewal and shall expire unless renewed in the manner prescribed by the
 44    board regarding applications  for  renewal,  continuing  education  and  fees.
 45    License renewal and reinstatement shall be in accordance with section 67-2614,
 46    Idaho Code.
                                                                        
 47        SECTION  13.  That Section 54-2215, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        54-22156.  LAWFUL PRACTICE OF PHYSICAL THERAPY. (1) A  physical  therapist
                                                                        
                                           8
                                                                        
  1    or  physical therapist assistant duly licensed in accordance with this chapter
  2    is authorized to practice physical therapy as defined in this chapter.
  3        (2)  A physical therapist shall refer persons under his  or  her  care  to
  4    appropriate  health care practitioners including, but not limited to, licensed
  5    medical physicians, osteopathic physicians, podiatrists,  dentists  or  chiro-
  6    practic  physicians, if the physical therapist has reasonable cause to believe
  7    symptoms or conditions are present that require services beyond the  scope  of
  8    practice  of  physical  therapy  or when the physical therapist has reasonable
  9    cause to believe that physical therapy is contraindicated.
 10        (3)  Physical therapists and physical therapist assistants shall adhere to
 11    the standards of ethics of the physical therapy profession as set forth in the
 12    administrative rules adopted by the board.
                                                                        
 13        SECTION 14.  That Section 54-2216, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        54-22167.  USE  OF  TITLES  AND RESTRICTIONS. (1) A physical therapist may
 16    use the letters "PT" in connection with his or her name or place  of  business
 17    to denote licensure under this chapter.
 18        (2)  It  is  unlawful  for  any  person,  or  for any business entity, its
 19    employees, agents or representatives to use in  connection  with  his  or  her
 20    name,  or  the name of activity of the business, the words "physical therapy,"
 21    "physical therapist," "physiotherapist," "registered physical  therapist,"  or
 22    "licensed physical therapist," or the letters "PT," "LPT," "RPT," or any other
 23    words, abbreviations or insignia indicating or implying directly or indirectly
 24    that  such  person,  business entity, its employees, agents or representatives
 25    are engaged in the practice of physical therapy, unless such services are pro-
 26    vided by or under the direction of a physical therapist licensed in accordance
 27    with this chapter.
 28        (3)  A physical therapist assistant shall use the letters "PTA" in connec-
 29    tion with his or her name to denote licensure under this chapter.
 30        (4)  It is unlawful for any person to use the  title  "physical  therapist
 31    assistant,"  "licensed  physical therapist assistant," or "registered physical
 32    therapist assistant," or the letters "PTA," "RPTA," or "LPTA,"  or  any  other
 33    words,  abbreviations  or insignia in connection with his or her name to indi-
 34    cate or imply, directly or indirectly, that he or she is a physical  therapist
 35    assistant without being licensed in accordance with this chapter as a physical
 36    therapist assistant.
                                                                        
 37        SECTION  15.  That Section 54-2217, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        54-22178.  SUPERVISION OF PHYSICAL  THERAPIST  ASSISTANTS  AND  SUPPORTIVE
 40    PERSONNEL.  (1) A licensed physical therapist shall supervise and be responsi-
 41    ble for patient care given by physical  therapist  assistants  and  supportive
 42    personnel.  A  physical  therapist who delegates tasks or procedures that fall
 43    within the scope of the practice of  physical  therapy  shall  supervise  such
 44    tasks  and  procedures in conformance with administrative rules adopted by the
 45    board.
 46        (2)  A physical therapist shall adhere to the policies and procedures that
 47    delineate the functions, responsibilities  and  supervisory  relationships  of
 48    physical  therapist  assistants and supportive personnel as established by the
 49    board, on the advice and counsel of the committee, in the board's  administra-
 50    tive rules.
                                                                        
                                           9
                                                                        
  1        SECTION  16.  That Section 54-2218, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        54-22189.  GROUNDS FOR DISCIPLINARY ACTION. The following  conduct,  acts,
  4    or conditions shall constitute grounds for disciplinary action:
  5        (1)  Violating  any  provision  of this chapter or any administrative rule
  6    adopted by the board;
  7        (2)  Practicing or offering to practice beyond the scope of physical ther-
  8    apy practice as defined in this chapter or which fails  failing  to  meet  the
  9    standard  of  physical therapy provided by other qualified physical therapists
 10    and physical therapist assistants in the same or similar communities;
 11        (3)  Obtaining or attempting to obtain a license by fraud,  misrepresenta-
 12    tion or omission;
 13        (4)  Engaging  in the performance of substandard care by a physical thera-
 14    pist due to an intentional, negligent, or reckless act or failure to act;
 15        (5)  Engaging in the performance of substandard care by a physical  thera-
 16    pist  assistant,  due to an intentional, negligent, or reckless act or failure
 17    to act, or performing tasks not  selected  or  delegated  by  the  supervising
 18    licensed physical therapist;
 19        (6)  Inadequate supervision supervising by a physical therapist of a phys-
 20    ical  therapist  assistant and/or supportive personnel, or inadequate supervi-
 21    sion supervising by a physical therapist assistant of supportive personnel  in
 22    accordance  with  this  chapter  and  the  administrative rules adopted by the
 23    board;
 24        (7)  Having been convicted of a felony or being  convicted  of  any  crime
 25    involving  moral turpitude that has a bearing on any practice pursuant to this
 26    chapter in the courts of this state or any other state, territory or  country.
 27    Conviction,  as used in this paragraph subsection (7), shall include a finding
 28    or verdict of guilt, an admission of guilt, or a plea of  nolo  contendere  or
 29    its  equivalent. The record of conviction, or a certified copy thereof, certi-
 30    fied by the clerk of the court or by the judge in whose court  the  conviction
 31    occurred, shall be conclusive evidence of such conviction;
 32        (8)  Practicing as a physical therapist or working as a physical therapist
 33    assistant  when  physical  or mental abilities are impaired by the use of con-
 34    trolled substances or other drugs, chemicals or alcohol;
 35        (9)  Having had a license revoked or suspended, other disciplinary  action
 36    taken  or  an  application  for licensure refused, revoked or suspended by the
 37    proper authorities of another state, territory or country,  or  omitting  such
 38    information  from  any  application  to  the board, or failure to divulge such
 39    information when requested by the board;
 40        (10) Commission of Committing  any  act  of  sexual  contact,  misconduct,
 41    exploitation or intercourse with a patient or former patient or related to the
 42    licensee's  practice  of  physical therapy as a physical therapist or physical
 43    therapist assistant., provided:
 44        (a)  Consent of the patient shall not be a defense.;
 45        (b)  This subsection (10) shall not apply  to  sexual  contact  between  a
 46        physical  therapist  or  physical  therapist  assistant  and  the physical
 47        therapist's or physical therapist assistant's spouse  or  a  person  in  a
 48        domestic relationship who is also a patient.;
 49        (c)  A former patient includes means a patient for whom the physical ther-
 50        apist  or  physical therapist assistant has provided physical therapy ser-
 51        vices within the last twelve (12) months.; and
 52        (d)  Sexual or romantic relationships  with  former  patients  beyond  the
 53        period  of  time  set forth herein may also be a violation if the physical
 54        therapist or physical therapist assistant  uses  or  exploits  the  trust,
                                                                        
                                           10
                                                                        
  1        knowledge, emotions or influence derived from the prior professional rela-
  2        tionship with the patient.;
  3        (11) Directly  or indirectly requesting, receiving or participating in the
  4    dividing, transferring or assigning, of any referral fee from any health  care
  5    professional  licensed  or regulated by the state of Idaho, or any other third
  6    party, or profiting by means of a credit or other valuable consideration  such
  7    as  an  unearned  commission, discount or gratuity in connection with the fur-
  8    nishing of physical therapy services. Nothing in this paragraph prohibits  the
  9    members,  owners, shareholders or partners of any regularly and properly orga-
 10    nized business entity recognized by the laws of the state of  Idaho  and  com-
 11    prised  of  physical  therapists  from dividing fees received for professional
 12    services amongst themselves.;
 13        (12) Failing to adhere to the recognized standards of ethics of the physi-
 14    cal therapy profession as published in the administrative rules adopted by the
 15    board.;
 16        (13) Making misleading, deceptive, untrue or fraudulent representations in
 17    violation of this chapter or in the practice of  the  profession,  or  in  the
 18    application process.;
 19        (14) Having  been  adjudged  mentally  incompetent by a court of competent
 20    jurisdiction.;
 21        (15) Aiding or abetting a person not licensed in this state  who  directly
 22    or indirectly performs activities requiring a license.;
 23        (16) Failing  to  report  to  the board any act or omission of a licensee,
 24    applicant, or any other person, which violates any provision of this chapter.;
 25        (17) Interfering with an investigation or disciplinary proceeding by will-
 26    ful misrepresentation of facts or by use of threats or harassment against  any
 27    patient  or  witness to prevent them from providing evidence in a disciplinary
 28    proceeding, investigation or other legal action.;
 29        (18) Failing to maintain patient confidentiality unless otherwise required
 30    by law.;
 31        (19) Failing to maintain adequate records. For purposes of this  paragraph
 32    subsection  (19),  "adequate  patient records" means legible records that con-
 33    tain, at a minimum, an evaluation of objective findings, the plan of care, and
 34    the treatment record.;
 35        (20) Promoting unnecessary devices, treatment, intervention or service for
 36    the financial gain of the practitioner or of a third party.;
 37        (21) Providing treatment intervention unwarranted by the condition of  the
 38    patient.;
 39        (22) Failing to pay a valid judgment that arose out of any practice pursu-
 40    ant to this chapter within two (2) months of the date that the judgment became
 41    final;
 42        (23) Failing  to  meet continuing education requirements as established by
 43    the board.
                                                                        
 44        SECTION 17.  That Section 54-2219, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        54-221920.  DISCIPLINE  ACTIONS  AND PROCEDURES. (1) The board shall regu-
 47    late the practice of physical therapy in the state  of  Idaho.  The  licensure
 48    board shall serve as an advisor to the board as prescribed in section 54-2205,
 49    Idaho Code. The board is authorized to institute any investigation, hearing or
 50    other legal proceeding necessary to effect compliance with this chapter.
 51        (2)  The  board or its hearing officer, upon a finding that action is nec-
 52    essary, shall have the power pursuant to this  chapter  to  administer  oaths,
 53    take  depositions  of witnesses within or without the state in the manner pro-
                                                                        
                                           11
                                                                        
  1    vided by the administrative rules adopted by the board, and shall  have  power
  2    throughout  the state of Idaho to require the attendance of such witnesses and
  3    the production of such books, records and papers as it may desire at any hear-
  4    ing and for that purpose the board may issue a subpoena for any witness  or  a
  5    subpoena duces tecum to compel the production of any books, records or papers,
  6    directed  to  the sheriff of any county of the state of Idaho, where such wit-
  7    ness resides or may be found which shall be served and returned. The board may
  8    require a licensee to be examined to determine his or her mental  or  physical
  9    competence  when  the board has probable cause to believe the licensee is suf-
 10    fering from an impairment that might impede his or  her  ability  to  practice
 11    competently.
 12        (3)  When  it  is  brought  to  the  attention of the board by the written
 13    statement of any person that a person licensed under this chapter has done any
 14    act or thing in violation of any provision  of  this  chapter,  the  board  or
 15    licensure board shall immediately make an investigation of such person, and if
 16    the  board  or licensure board finds that there is probable cause to institute
 17    proceedings against such person, it shall without unnecessary  delay  transmit
 18    to  that  person  by  mail, a copy of the charges and shall fix a day not less
 19    than fourteen (14), nor more than ninety (90), days after said mailing  for  a
 20    hearing  upon  the  matter, said hearing shall be conducted in accordance with
 21    chapter 52, title 67, Idaho Code, and with the administrative rules adopted by
 22    the board.
 23        (4)  The board or licensure board may investigate any person to the extent
 24    necessary to determine if the person is engaged in the  unlawful  practice  of
 25    physical  therapy. If an investigation indicates that a person may be practic-
 26    ing physical therapy unlawfully, the board or licensure board shall inform the
 27    person of the alleged violation. The board may refer the matter  for  prosecu-
 28    tion  whether or not the person ceases the unlawful practice of physical ther-
 29    apy.
 30        (5)  The board may, in the name of the people of the state of Idaho, apply
 31    for injunctive relief in any court of competent  jurisdiction  to  enjoin  any
 32    person  from  committing any act in violation of this chapter. Such injunction
 33    proceedings shall be in addition to, and not in lieu  of,  all  penalties  and
 34    other remedies provided for in this chapter.
                                                                        
 35        SECTION  18.  That Section 54-2220, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        54-22201.  DISCIPLINARY ACTIONS -- PENALTIES. The board  may,  upon  proof
 38    that  a  person has violated any provision contained in this chapter, take the
 39    following disciplinary actions singly or in combination:
 40        (1)  Issue a censure or reprimand by informal admonition for minor miscon-
 41    duct found by the board. Such, which censure or reprimand by the  board  shall
 42    have the same effect and shall be subject to the same requirements for disclo-
 43    sure  as  a reprimand given by the board as provided in section 54-1806A shall
 44    be subject to disclosure according to chapter 3, title 9, Idaho Code;
 45        (2)  Impose restrictions and/or conditions as to scope of practice, place
 46    of practice, supervision of practice, duration of licensed status, or type  or
 47    condition  of  patient  or  client served. The board may require a licensee to
 48    report regularly to the board on matters regarding the restricted license;
 49        (3)  Suspend a license, the duration of which shall be determined  by  the
 50    board;
 51        (4)  Revoke a license;
 52        (5)  Refuse to issue or renew a license;
 53        (6)  Impose  a  reasonable fine for violation of this chapter in an amount
                                                                        
                                           12
                                                                        
  1    not to exceed a maximum amount  as  set  forth  in  the  administrative  rules
  2    adopted by the board;
  3        (7)  Accept a voluntary surrender of a license;
  4        (8)  Assess  costs and attorney's fees against a licensee for any investi-
  5    gation and/or administrative proceeding.
                                                                        
  6        SECTION 19.  That Section 54-2221, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        54-22212.  JUDICIAL  REVIEW.  Any  person  who  shall  be aggrieved by any
  9    action of the board in denying, refusing to renew, suspending  or  revoking  a
 10    certificate  of  licensure, issuing a censure, imposing any restriction upon a
 11    license, or imposing any fine, may seek judicial review thereof in  accordance
 12    with the provisions of chapter 52, title 67, Idaho Code.
                                                                        
 13        SECTION  20.  That Section 54-2222, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        54-22223.  UNLAWFUL PRACTICE -- FINES  AND  PENALTIES.  (1)  It  shall  be
 16    unlawful  for  any person to practice or offer to practice physical therapy in
 17    this state, or to use in connection with his or her name or otherwise  assume,
 18    use  or  advertise  any  title or description tending to convey the impression
 19    that he or she is a physical therapist  or  a  physical  therapist  assistant,
 20    unless such person has been licensed under the provisions of this chapter.
 21        (2)  It  shall be unlawful for any person to aid, abet, or require another
 22    person, licensed or unlicensed, to directly or indirectly violate or evade any
 23    provision of this chapter, or to combine or conspire with another  person,  or
 24    permit  one's  license to be used by another person, or act as an agent, part-
 25    ner, associate, or otherwise, of another person with the intent to violate  or
 26    evade the provisions of this chapter.
 27        (3)  A violation of the provisions of this chapter shall constitute a mis-
 28    demeanor,  and  any  person  convicted thereof shall be fined an amount not to
 29    exceed one thousand dollars ($1,000). A second conviction for a  violation  of
 30    any  provision of this chapter shall also constitute a misdemeanor, and a per-
 31    son convicted of a second violation of this chapter shall be imprisoned  in  a
 32    county  jail  for  a period not to exceed six (6) months, or shall be fined an
 33    amount not to exceed five thousand dollars ($5,000), or shall be  punished  by
 34    both  such fine and imprisonment. Any third or more conviction for a violation
 35    of any provision of this chapter shall constitute a felony, and a person  con-
 36    victed of a third or more violation of this chapter shall be imprisoned in the
 37    state  prison for a period not to exceed three (3) years, or shall be fined an
 38    amount not to exceed ten thousand dollars ($10,000), or shall be  punished  by
 39    both such fine and imprisonment.
                                                                        
 40        SECTION  21.  That  Chapter 22, Title 54, Idaho Code, be, and the same  is
 41    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 42    ignated as Section 54-2224, Idaho Code, and to read as follows:
                                                                        
 43        54-2224.  DISPOSITION  OF RECEIPTS -- EXPENSES. All moneys received pursu-
 44    ant to the provisions of this chapter shall be deposited in the state treasury
 45    to the credit of the occupational licenses fund. All expenses incurred  pursu-
 46    ant  to  the  provisions  of  this chapter shall be paid from the occupational
 47    licenses fund.
                                                                        
 48        SECTION 22.  That Section 67-2601, Idaho Code, be, and the same is  hereby
                                                                        
                                           13
                                                                        
  1    amended to read as follows:
                                                                        
  2        67-2601.  DEPARTMENT  CREATED  --  ORGANIZATION  --  DIRECTOR -- BUREAU OF
  3    OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the  department  of
  4    self-governing agencies. The department shall, for the purposes of section 20,
  5    article  IV of the constitution of the state of Idaho, be an executive depart-
  6    ment of the state government.
  7        (2)  The department shall consist of the following:
  8        (a)  Agricultural commodity commissions: Idaho apple commission,  as  pro-
  9        vided  by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
 10        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 11        by chapter 29, title 25, Idaho Code; Idaho cherry commission, as  provided
 12        by  chapter  37, title 22, Idaho Code; Idaho dairy products commission, as
 13        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 14        sion, as provided by chapter 35, title 22, Idaho Code; Idaho  potato  com-
 15        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 16        mission,  as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
 17        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
 18        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
 19        (b)  Professional and occupational licensing boards: Idaho state board  of
 20        certified  public  accountancy,  as provided by chapter 2, title 54, Idaho
 21        Code; board of acupuncture, as provided by chapter  47,  title  54,  Idaho
 22        Code;  board  of  architectural examiners, as provided by chapter 3, title
 23        54, Idaho Code; office of the state  athletic  director,  as  provided  by
 24        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 25        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 26        bar,  as provided by chapter 4, title 3, Idaho Code; board of chiropractic
 27        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 28        cosmetology, as provided by chapter 8, title 54, Idaho Code;  Idaho  coun-
 29        selor  licensing  board,  as provided by chapter 34, title 54, Idaho Code;
 30        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 31        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 32        Code; state board of engineering examiners, as  provided  by  chapter  12,
 33        title  54, Idaho Code; state board for registration of professional geolo-
 34        gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
 35        services licensure board, as provided by chapter 29, title 54, Idaho Code;
 36        Idaho physical therapy licensure board, as provided by chapter  22,  title
 37        54,  Idaho Code; Idaho state board of landscape architects, as provided by
 38        chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
 39        provided by chapter 513, title 54, Idaho Code; state board of medicine, as
 40        provided by chapter 18, title 54, Idaho Code, and its associated  physical
 41        therapist  advisory  board,  as  provided  by chapter 22, title  54, Idaho
 42        Code; state board of morticians, as provided  by  chapter  11,  title  54,
 43        Idaho  Code; board of naturopathic medical examiners, as provided by chap-
 44        ter 51, title 54, Idaho Code; board of nurses, as provided by chapter  14,
 45        title  54,  Idaho Code; board of examiners of nursing home administrators,
 46        as provided by chapter 16, title 54, Idaho Code; state board of optometry,
 47        as provided by chapter 15, title 54,  Idaho  Code;  Idaho  outfitters  and
 48        guides  board,  as  provided by chapter 21, title 36, Idaho Code; board of
 49        pharmacy, as provided by chapter 17, title 54, Idaho Code; state board  of
 50        podiatry,  as  provided  by  chapter  6, title 54, Idaho Code; Idaho state
 51        board of psychologist examiners, as provided  by  chapter  23,  title  54,
 52        Idaho Code; Idaho real estate commission, as provided by chapter 20, title
 53        54,  Idaho  Code;  real estate appraiser board, as provided by chapter 41,
 54        title 54, Idaho Code; board of social work examiners, as provided by chap-
                                                                        
                                           14
                                                                        
  1        ter 32, title 54, Idaho Code; the board of veterinary  medicine,  as  pro-
  2        vided by chapter 21, title 54, Idaho Code; the board of examiners of resi-
  3        dential care facility administrators, as provided by chapter 42, title 54,
  4        Idaho  Code; and the board of drinking water and wastewater professionals,
  5        as provided by chapter 24, title 54, Idaho Code.
  6        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
  7        (d)  The division of building safety, to be headed by a division  adminis-
  8        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
  9        public works contractor licensing, and logging and industrial safety.  The
 10        division  administrator and bureau chiefs shall be nonclassified employees
 11        exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
 12        istrator of the division shall administer the provisions  of  chapter  40,
 13        title  39,  Idaho  Code,  relating  to manufactured homes and recreational
 14        vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
 15        chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
 16        installer licensing; chapter 10, title 54, Idaho Code, relating  to  elec-
 17        trical  contractors  and  journeymen;  chapter  19,  title 54, Idaho Code,
 18        relating to licensing of public works contractors; chapter 26,  title  54,
 19        Idaho  Code,  relating  to  plumbing  and plumbers; and shall perform such
 20        additional duties as are imposed upon him by law. The division administra-
 21        tor shall cooperate with the industrial commission and aid and assist  the
 22        commission  in  its  administration of sections 72-720, 72-721 and 72-723,
 23        Idaho Code, and at the request of the commission shall make inspection  of
 24        appliances, tools, equipment, machinery, practices or conditions, and make
 25        a written report to the commission. The administrator shall make recommen-
 26        dations  to  the commission to aid the commission in its administration of
 27        sections 72-720, 72-721 and 72-723, Idaho  Code,  provided  however,  that
 28        nothing herein shall be construed as transferring to the administrator any
 29        of the authority or powers now vested in the industrial commission.
 30        (e)  The division of veterans services to be headed by a division adminis-
 31        trator who shall be a nonclassified employee exempt from the provisions of
 32        chapter  53, title 67, Idaho Code. The administrator of the division shall
 33        administer the provisions of chapter 2, title 65, Idaho Code, and  chapter
 34        9,  title  66, Idaho Code, with the advice of the veterans affairs commis-
 35        sion established under chapter 2, title 65, Idaho Code, and shall  perform
 36        such additional duties as are imposed upon him by law.
 37        (3)  The  bureau  of  occupational  licenses  is hereby created within the
 38    department of self-governing agencies.
                                                                        
 39        SECTION 23.  That Section 67-2602, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        67-2602.  BUREAU  OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
 42    licenses created in the  department  of  self-governing  agencies  by  section
 43    67-2601,  Idaho  Code,  shall  be  empowered, by written agreement between the
 44    bureau and each agency for which it provides administrative or other  services
 45    as  provided  by  law,  to provide such services for the board of acupuncture,
 46    board of architectural examiners, board of barber examiners, board  of  chiro-
 47    practic  physicians,  board  of  cosmetology, counselor licensing board, state
 48    board of denturitry, speech and hearing  services  licensure  board,  physical
 49    therapy  licensure  board,  board of landscape architects, liquefied petroleum
 50    gas safety board, board of morticians, board of naturopathic  medical  examin-
 51    ers,  board  of  examiners of nursing home administrators, board of optometry,
 52    board of podiatrists, board of psychologist examiners, real  estate  appraiser
 53    board,  board  of examiners of residential care facility administrators, board
                                                                        
                                           15
                                                                        
  1    of social work examiners, and such other professional and occupational licens-
  2    ing boards or commodity commissions as may request such services.  The  bureau
  3    may  charge  a reasonable fee for such services provided any agency not other-
  4    wise provided for by law and shall maintain proper accounting methods for  all
  5    funds under its jurisdiction.
  6        (2)  Notwithstanding the statutes governing specific boards, for any board
  7    that  contracts  with  the  bureau of occupational licenses, each board member
  8    shall hold office until a successor has been duly appointed and qualified.
  9        (3)  The department of self-governing agencies, by and through the  bureau
 10    of  occupational  licenses,  shall  be  empowered to provide administrative or
 11    other services for the administration of chapter 48, title 54, Idaho Code,  to
 12    issue,  suspend, revoke or refuse to renew licenses and certificates, to issue
 13    subpoenas, to prescribe and impose fees and to assess administrative penalties
 14    pursuant to the provisions of chapter 48, title 54, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 15902
                                
The Practice of Physical Therapy is currently governed by the
Idaho Physical Therapy Licensure Board within the Idaho State
Board of Medicine.  This legislation would transfer the Idaho
Physical Therapy Licensure Board and its administration to the
Department of Self-governing Agencies under the Idaho Bureau of
Occupational Licenses.




                         FISCAL IMPACT

There will be no impact to the General Fund.  The Board will be
self-funded through licensure fees.




CONTACT 
Name:     Jeremy P. Pisca
Agency:   Idaho Physical Therapy Association
Phone:    384-1800


STATEMENT OF PURPOSE/FISCAL NOTE                           H 619