2008 Legislation
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HOUSE BILL NO. 388<br /> – Nurses, license, discipline


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Bill Status

H0388.................................................by HEALTH AND WELFARE
NURSES - Amends existing law relating to nurse licensure to revise and add
to grounds for discipline.

01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Health/Wel
02/08    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35)
      NAYS -- None
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Henbest
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Health/Wel
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsor - Werk
    Title apvd - to House
02/28    To enrol
02/29    Rpt enrol - Sp signed
03/03    Pres signed
03/04    To Governor
03/05    Governor signed
         Session Law Chapter 67
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 388

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT
  5        TIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION 1.  That Section 54-1401, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:

 10    order to safeguard the public health, safety and welfare, it is in the  public
 11    interest  to  regulate  and  control nursing in the state of Idaho, to promote
 12    quality health care services, to prohibit unqualified  and  dishonest  persons
 13    from  practicing  nursing,  and  to  protect against acts or conduct which may
 14    endanger the health and safety of the public.
 15        (1)  License required. It shall be unlawful for  any  person  to  practice
 16    nursing  or offer to practice nursing unless that person is duly licensed pur-
 17    suant to this act.
 18        (2)  Representation to the public. Only a person who  holds  a  valid  and
 19    current  license  to  practice  professional  nursing in this state or a party
 20    state pursuant to sections 54-14098 and 54-1418, Idaho Code, may use the title
 21    "nurse," "registered nurse," "graduate nurse" or "professional nurse"  or  the
 22    abbreviation  "R.N."  or  any  other  designations, titles or abbreviations to
 23    indicate that the person is practicing nursing in this state.  Only  a  person
 24    who  holds  a  valid and current license to practice practical nursing in this
 25    state or a party state pursuant to sections 54-1407 and 54-1418,  Idaho  Code,
 26    may  use  the  title  "nurse," "licensed practical nurse," or the abbreviation
 27    "L.P.N." or any other designations, titles or abbreviations to  indicate  that
 28    the person is practicing nursing in this state.
 29        (3)  On  and after July 1, 2005, all applicants for original licensure and
 30    for license reinstatement will be required to submit  to  a  fingerprint-based
 31    criminal  history check of the Idaho central criminal database and the federal
 32    bureau of investigation criminal history database. Each applicant for original
 33    licensure and for  license  reinstatement  must  submit  a  full  set  of  the
 34    applicant's  fingerprints  and  any  relevant fees directly to the Idaho state
 35    police and the federal bureau of  investigation  identification  division  for
 36    this purpose.

 37        SECTION  2.  That  Section 54-1413, Idaho Code, be, and the same is hereby
 38    amended to read as follows:

 39        54-1413.  DISCIPLINARY ACTION. (1) Grounds for discipline. The board shall
 40    have the power to refuse to issue, renew or reinstate a license issued  pursu-
 41    ant  to  this chapter, and may revoke, suspend, place on probation, reprimand,


  1    limit, restrict, condition or  take  other  disciplinary  action  against  the
  2    licensee  as  it deems proper, including assessment of the costs of investiga-
  3    tion and discipline against the licensee, upon a determination  by  the  board
  4    that the licensee engaged in conduct constituting any one (1) of the following
  5    grounds:
  6        (a)  Made,  or  caused to be made, a false, fraudulent or forged statement
  7        or representation in procuring or attempting to procure a license to prac-
  8        tice nursing; or
  9        (b)  Practiced nursing under a false or assumed name; or
 10        (c)  Is convicted of a felony or of any offense involving moral turpitude;
 11        or
 12        (d)  Is or has been grossly negligent or reckless  in  performing  nursing
 13        functions; or
 14        (e)  Habitually uses alcoholic beverages or narcotic, hypnotic or halluci-
 15        nogenic drugs as defined by rule; or
 16        (f)  Is physically or mentally unfit to practice nursing; or
 17        (g)  Violates  the  provisions  of  this chapter or rules and standards of
 18        conduct and practice as may be adopted by the board; or
 19        (h)  Otherwise engages in  conduct  of  a  character  likely  to  deceive,
 20        defraud  or  endanger  patients  or the public, which includes, but is not
 21        limited to, failing or refusing to report criminal conduct or  other  con-
 22        duct by a licensee that endangers patients; or
 23        (i)  Has  had  a  license  to practice nursing suspended or revoked in any
 24        jurisdiction. A certified copy of the order of  suspension  or  revocation
 25        shall be prima facie evidence of such suspension or revocation; or
 26        (j)  Failure  to comply with the terms of any board order, negotiated set-
 27        tlement or probationary agreement of the board, or to pay fines  or  costs
 28        assessed in a prior disciplinary proceeding.
 29        (2)  Separate  offense.  Each day an individual violates any of the provi-
 30    sions of this chapter or rules and standards of conduct and practice as may be
 31    adopted by the board shall constitute a separate offense.
 32        (3)  Proceedings.
 33        (a)  The executive director shall conduct such investigations and initiate
 34        such proceedings as necessary to insure ensure compliance with  this  sec-
 35        tion.  The  board may accept the voluntary surrender of a license from any
 36        nurse under investigation and accordingly enter an order revoking or  sus-
 37        pending  such  license  and/or  imposing  such conditions, limitations, or
 38        restrictions on the practice of any such nurse as may  be  appropriate  in
 39        the discretion of the board. Otherwise, every person subject to disciplin-
 40        ary proceedings shall be afforded an opportunity for hearing after reason-
 41        able notice. All proceedings hereunder shall be in accordance with chapter
 42        52, title 67, Idaho Code.
 43        (b)  Hearings  shall  be conducted by the board or by persons appointed by
 44        the board to conduct hearings and receive evidence. The board and any per-
 45        son duly appointed by the board to conduct hearings shall have all  powers
 46        as are necessary and incident to orderly and effective receipt of evidence
 47        including,  but not limited to, the power to administer oaths, and to com-
 48        pel by subpoena attendance of witnesses and production of  books,  records
 49        and  things  at  the hearing or at a deposition taken by a party in accor-
 50        dance with the Idaho rules of civil procedure. Any party shall be entitled
 51        to the use of subpoena upon application therefor.
 52        (c)  In the event any person fails to comply with  a  subpoena  personally
 53        served upon him or refuses to testify to any matter regarding which he may
 54        be  lawfully  interrogated, the board shall petition the district court in
 55        the county where such failure or refusal occurred  or  where  such  person


  1        resides,  to  enforce  such subpoena or compel such testimony. Proceedings
  2        before the district court shall be for contempt in the same nature as con-
  3        tempt of court for failure or refusal to comply with an order of the court
  4        and the court shall have the same powers to secure  compliance  with  sub-
  5        poena  and  testimony  or to impose penalties as in contempt of court pro-
  6        ceedings.
  7        (4)  Probation/Subsequent review. Any order of  the  board  entered  under
  8    this  section  may  be  withheld  or suspended for a probationary period to be
  9    fixed by the board upon such terms and conditions as  may  be  appropriate  in
 10    order  to  regulate,  monitor and/or supervise  the practice of nursing by the
 11    licensee subject to such order for the  prescribed  probationary  period.  Any
 12    order of the board entered under this section may be withdrawn, reversed, mod-
 13    ified  or  amended  upon a showing by the person subject to the order that the
 14    grounds for discipline no longer exist or that he is rehabilitated,  qualified
 15    and  competent  to  practice nursing and that he is not likely to violate this
 16    chapter or rules adopted hereunder in the future.  The board may, as a  condi-
 17    tion  to withdrawal, reversal, modification or amendment of the order, require
 18    the person to pay all or part of the costs incurred by the board  in  proceed-
 19    ings upon which the order was entered.
 20        (5)  Reporting investigative information. Nothing in section 9-340C(8) and
 21    (9),  Idaho Code, shall be construed as limiting the authority of the board to
 22    report current significant investigative information to the coordinated licen-
 23    sure information system for transmission to states that  are  parties  to  any
 24    multistate agreements or compacts regarding nurse licensure.

Statement of Purpose / Fiscal Impact

                  STATEMENT OF PURPOSE

                        RS 17373

Due to previous renumbering, Section 54-1401(2), Idaho Code, 
contains a citation to an incorrect statute and the proposed 
legislation will amend that section to refer to the correct 
statute.  The proposed legislation will also amend Section 54-
1413, Idaho Code, to clarify disciplinary grounds for misuse of 
alcohol and drugs, and add failure to comply with a board order, 
negotiated settlement or probationary agreement, or to pay fines 
or costs assessed in a prior disciplinary proceeding as 
independent grounds for additional disciplinary action.

                       FISCAL NOTE

The proposed legislation will not impact the state General Fund.

Name:	Sandra Evans
Agency:	Nursing, Board of
Phone:	(208) 334-3110