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S1340aa...............................................by HEALTH AND WELFARE
DEVELOPMENTALLY DISABLED - Amends existing law relating to the
developmentally disabled to permit an individual with a master's degree in
psychology to serve on an evaluation committee; and to require each
committee member to be specially qualified.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Health/Wel
02/07 Rpt out - to 14th Ord
02/17 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/21 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 33-2-0
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Fulcher,
Gannon, Geddes, Goedde, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Davis, Jorgenson
Absent and excused -- None
Floor Sponsor - McGee
Title apvd - to House
02/27 House intro - 1st rdg - to Health/Wel
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 64-0-6
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, 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),
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Clark, Henbest, Henderson, Smith(24),
Smylie
Floor Sponsor - Rusche
Title apvd - to Senate
03/28 To enrol
03/29 Rpt enrol - Pres signed - Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 284
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1340
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE DEVELOPMENTALLY DISABLED; AMENDING SECTION 66-402, IDAHO CODE,
3 TO PERMIT A MASTER LEVEL HEALTH PROFESSIONAL TO SERVE ON AN EVALUATION
4 COMMITTEE, TO REQUIRE EACH COMMITTEE MEMBER TO BE SPECIALLY QUALIFIED AND
5 TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 66-402, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 66-402. DEFINITIONS. As used in this chapter:
10 (1) "Adult" means an individual eighteen (18) years of age or older.
11 (2) "Artificial life-sustaining procedures" means any medical procedure
12 or intervention which utilizes mechanical means to sustain or supplant a vital
13 function. Artificial life-sustaining procedures shall not include the adminis-
14 tration of medication, and it shall not include the performance of any medical
15 procedure deemed necessary to alleviate pain, or any procedure which could be
16 expected to result in the recovery or long-term survival of the patient and
17 his restoration to consciousness.
18 (3) "Department" means the Idaho department of health and welfare.
19 (4) "Director" means the director of the department of health and wel-
20 fare.
21 (5) "Developmental disability" means a chronic disability of a person
22 which appears before the age of twenty-two (22) years of age and:
23 (a) Is attributable to an impairment, such as mental retardation, cere-
24 bral palsy, epilepsy, autism or other condition found to be closely
25 related to or similar to one (1) of these impairments that requires simi-
26 lar treatment or services, or is attributable to dyslexia resulting from
27 such impairments; and
28 (b) Results in substantial functional limitations in three (3) or more of
29 the following areas of major life activity;: self-care, receptive and
30 expressive language, learning, mobility, self-direction, capacity for
31 independent living, or economic self-sufficiency; and
32 (c) Reflects the need for a combination and sequence of special, inter-
33 disciplinary or generic care, treatment or other services which are of
34 lifelong or extended duration and individually planned and coordinated.
35 (6) "Emancipated minor" means an individual between fourteen (14) and
36 eighteen (18) years of age who has been married or whose circumstances indi-
37 cate that the parent-child relationship has been renounced.
38 (7) "Evaluation committee" means an interdisciplinary team of at least
39 three (3) individuals designated by the director or his designee to evaluate
40 an individual as required by the provisions of this chapter. Each committee
41 must include a physician licensed to practice medicine in the state of Idaho,
42 a licensed social worker, with field training or experience in working with
43 partially disabled or disabled persons, and a clinical psychologist or such
2
1 other master level health professional as designated by the department direc-
2 tor. Each committee member must be specially qualified by training and experi-
3 ence in the diagnosis and treatment of persons with a developmental
4 disability.
5 (8) "Facility" means the Idaho state school and hospital, a nursing
6 facility, an intermediate care facility, an intermediate care facility for the
7 mentally retarded, a licensed residential or assisted living facility, a group
8 foster home, other organizations licensed to provide twenty-four (24) hour
9 care, treatment and training to the developmentally disabled, a mental health
10 center, or an adult and child development center.
11 (9) "Lacks capacity to make informed decisions" means the inability, by
12 reason of developmental disability, to achieve a rudimentary understanding of
13 the purpose, nature, and possible risks and benefits of a decision, after con-
14 scientious efforts at explanation, but shall not be evidenced by improvident
15 decisions within the discretion allowed nondevelopmentally disabled individu-
16 als.
17 (10) "Likely to injure himself or others" means:
18 (a) A substantial risk that physical harm will be inflicted by the
19 respondent upon his own person as evidenced by threats or attempts to com-
20 mit suicide or inflict physical harm on himself; or
21 (b) A substantial risk that physical harm will be inflicted by the
22 respondent upon another as evidenced by behavior which has caused such
23 harm or which places another person or persons in reasonable fear of sus-
24 taining such harm; or
25 (c) That the respondent is unable to meet essential requirements for
26 physical health or safety.
27 (11) "Manage financial resources" means the actions necessary to obtain,
28 administer and dispose of real, personal, intangible or business property,
29 benefits and/or income.
30 (12) "Meet essential requirements for physical health or safety" means the
31 actions necessary to provide health care, food, clothing, shelter, personal
32 hygiene and/or other care without which serious physical injury or illness
33 would occur.
34 (13) "Minor" means an individual seventeen (17) years of age or less.
35 (14) "Protection and advocacy system" means the agency designated by the
36 governor of the state of Idaho to provide advocacy services for people with
37 disabilities pursuant to 42 USC section 6042.
38 (15) "Respondent" means the individual subject to judicial proceedings
39 authorized by the provisions of this chapter.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by McGee
Seconded by Compton
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1340
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 1, delete "master level health pro-
3 fessional" and insert: "individual who has a master's degree in psychology".
4 CORRECTIONS TO TITLE
5 On page 1, in line 3, delete "A MASTER LEVEL HEALTH PROFESSIONAL" and
6 insert: "AN INDIVIDUAL WITH A MASTER'S DEGREE IN PSYCHOLOGY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1340, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE DEVELOPMENTALLY DISABLED; AMENDING SECTION 66-402, IDAHO CODE,
3 TO PERMIT AN INDIVIDUAL WITH A MASTER'S DEGREE IN PSYCHOLOGY TO SERVE ON
4 AN EVALUATION COMMITTEE, TO REQUIRE EACH COMMITTEE MEMBER TO BE SPECIALLY
5 QUALIFIED AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 66-402, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 66-402. DEFINITIONS. As used in this chapter:
10 (1) "Adult" means an individual eighteen (18) years of age or older.
11 (2) "Artificial life-sustaining procedures" means any medical procedure
12 or intervention which utilizes mechanical means to sustain or supplant a vital
13 function. Artificial life-sustaining procedures shall not include the adminis-
14 tration of medication, and it shall not include the performance of any medical
15 procedure deemed necessary to alleviate pain, or any procedure which could be
16 expected to result in the recovery or long-term survival of the patient and
17 his restoration to consciousness.
18 (3) "Department" means the Idaho department of health and welfare.
19 (4) "Director" means the director of the department of health and wel-
20 fare.
21 (5) "Developmental disability" means a chronic disability of a person
22 which appears before the age of twenty-two (22) years of age and:
23 (a) Is attributable to an impairment, such as mental retardation, cere-
24 bral palsy, epilepsy, autism or other condition found to be closely
25 related to or similar to one (1) of these impairments that requires simi-
26 lar treatment or services, or is attributable to dyslexia resulting from
27 such impairments; and
28 (b) Results in substantial functional limitations in three (3) or more of
29 the following areas of major life activity;: self-care, receptive and
30 expressive language, learning, mobility, self-direction, capacity for
31 independent living, or economic self-sufficiency; and
32 (c) Reflects the need for a combination and sequence of special, inter-
33 disciplinary or generic care, treatment or other services which are of
34 lifelong or extended duration and individually planned and coordinated.
35 (6) "Emancipated minor" means an individual between fourteen (14) and
36 eighteen (18) years of age who has been married or whose circumstances indi-
37 cate that the parent-child relationship has been renounced.
38 (7) "Evaluation committee" means an interdisciplinary team of at least
39 three (3) individuals designated by the director or his designee to evaluate
40 an individual as required by the provisions of this chapter. Each committee
41 must include a physician licensed to practice medicine in the state of Idaho,
42 a licensed social worker, with field training or experience in working with
43 partially disabled or disabled persons, and a clinical psychologist or such
2
1 other individual who has a master's degree in psychology as designated by the
2 department director. Each committee member must be specially qualified by
3 training and experience in the diagnosis and treatment of persons with a
4 developmental disability.
5 (8) "Facility" means the Idaho state school and hospital, a nursing
6 facility, an intermediate care facility, an intermediate care facility for the
7 mentally retarded, a licensed residential or assisted living facility, a group
8 foster home, other organizations licensed to provide twenty-four (24) hour
9 care, treatment and training to the developmentally disabled, a mental health
10 center, or an adult and child development center.
11 (9) "Lacks capacity to make informed decisions" means the inability, by
12 reason of developmental disability, to achieve a rudimentary understanding of
13 the purpose, nature, and possible risks and benefits of a decision, after con-
14 scientious efforts at explanation, but shall not be evidenced by improvident
15 decisions within the discretion allowed nondevelopmentally disabled individu-
16 als.
17 (10) "Likely to injure himself or others" means:
18 (a) A substantial risk that physical harm will be inflicted by the
19 respondent upon his own person as evidenced by threats or attempts to com-
20 mit suicide or inflict physical harm on himself; or
21 (b) A substantial risk that physical harm will be inflicted by the
22 respondent upon another as evidenced by behavior which has caused such
23 harm or which places another person or persons in reasonable fear of sus-
24 taining such harm; or
25 (c) That the respondent is unable to meet essential requirements for
26 physical health or safety.
27 (11) "Manage financial resources" means the actions necessary to obtain,
28 administer and dispose of real, personal, intangible or business property,
29 benefits and/or income.
30 (12) "Meet essential requirements for physical health or safety" means the
31 actions necessary to provide health care, food, clothing, shelter, personal
32 hygiene and/or other care without which serious physical injury or illness
33 would occur.
34 (13) "Minor" means an individual seventeen (17) years of age or less.
35 (14) "Protection and advocacy system" means the agency designated by the
36 governor of the state of Idaho to provide advocacy services for people with
37 disabilities pursuant to 42 USC section 6042.
38 (15) "Respondent" means the individual subject to judicial proceedings
39 authorized by the provisions of this chapter.
STATEMENT OF PURPOSE
RS 15406
The Department of Health and Welfare is unable to find clinical
psychologists who are available and interested in serving on Evaluation
Committees recommending guardianships or commitments for individuals with
developmental disabilities. Currently qualified masters-level clinicians
are used to fill the psychologist position on many committees. Qualified
masters-level clinicians are able to perform the required tasks of the
clinical psychologists for the committees and are currently doing so.
The requirement that clinical psychologists serve on each of these
committees leaves committee recommendations vulnerable to challenge,
placing guardianships and commitments in jeopardy.
FISCAL NOTE
There is no fiscal impact to this legislation.
CONTACT:
Name: Cameron Gilliland
Agency: Health and Welfare
Phone: 208-334-5536
STATEMENT OF PURPOSE/FISCAL NOTE S 1340