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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
]]]] 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 2 RELATING TO LICENSING OF NURSES; AMENDING SECTION 54-1401, IDAHO CODE, TO 3 PROVIDE A CORRECT CODE CITATION; AND AMENDING SECTION 54-1413, IDAHO CODE, 4 TO REVISE AND ADD TO GROUNDS FOR DISCIPLINE AND TO MAKE TECHNICAL CORREC- 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: 9 54-1401. PURPOSE -- LICENSE REQUIRED -- REPRESENTATION TO THE PUBLIC. In 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 54-140 98 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, 2 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; or9 (b) Practiced nursing under a false or assumed name; or10 (c) Is convicted of a felony or of any offense involving moral turpitude; 11 or12 (d) Is or has been grossly negligent or reckless in performing nursing 13 functions; or14 (e) Habitually uses alcoholic beverages or narcotic, hypnotic or halluci-15 nogenicdrugs as defined by rule; or16 (f) Is physically or mentally unfit to practice nursing; or17 (g) Violates the provisions of this chapter or rules and standards of 18 conduct and practice as may be adopted by the board; or19 (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; or23 (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 insureensure 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 3 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 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. CONTACT Name: Sandra Evans Agency: Nursing, Board of Phone: (208) 334-3110 STATEMENT OF PURPOSE/FISCAL NOTE H 388