H 703 — OCCUPATIONAL AND PROFESSIONAL LICENSING – Amends, repeals, and adds to existing law to revise provisions regarding the Division of Occupational and Professional Licenses.

REPEALING SEC-SECTION TION 54-3409, IDAHO CODE, RELATINGRELAT- ING TO INJUNCTION PROCEDURE;

REPEALING SECTION 54-3720, IDAHO CODE, RELATINGRELAT- ING TO PENALTIES AND DISCIPLINARY ACTIONS;

REPEALING SECTION 54-4118, IDAHO CODE, RELATING TO PROOF OF COMPLAINT AND PROS-PROSECUTION ECUTION BY COUNTY ATTORNEYS;ATTOR- NEYS;

REPEALING SECTION 54-5013A, IDAHO CODE, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATES, HEARINGS, TAKING TESTIMONY, AND JUDICIALJUDI- CIAL REVIEW;

REPEAL-REPEALING ING SECTION 54-5219, IDAHO CODE, RELATING TO SEVERABILITY;

AMENDING SECTION 36-2116, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-REFERENCE; ENCE;

AMENDING SECTION 54-314, IDAHO CODE, TO REMOVE AN OBSOLETE PROVI-PROVISION; SION;

AMENDING SECTIONSEC- TION 54-712, IDAHO CODE, TO REMOVE A CODE REFERENCE;

AMENDING SECTION 54-906A, IDAHO CODE, TO REMOVE AN OBSOLETE PROVI-PROVISION; SION;

AMENDING SECTIONSEC- TION 54-1129, IDAHO CODE, TO REMOVE A CODE REFERENCE;

AMENDING SECTION 54-1222, IDAHO CODE, TO REMOVE AN OBSOLETEOBSO- LETE PROVISION;

That Section 54-1220, Idaho Code, be, and the same is hereby amended to read as follows:

54-1220.

DISCIPLINARY ACTION -- PROCEDURES.

(1) Any affected party may prefer charges of fraud, deceit, gross negligence, incompetence, mis - conduct or violation of any provision of this chapter, or violation of any of the rules promulgated by the board, against any individual licensee or certificate holder or against any business entity holding a certificate of authorization or against a person applying for a license or against a busi - ness entity applying for a certificate of authorization.

Repeated acts of negligence may be considered as a gross act for disciplinary action.

Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the executive director of the board.

The executive director of the board shall be considered an affected party and may be the person making and filing the charges.

(2) All charges, unless dismissed by the board as unfounded or de min- imis, or unless settled informally, shall be heard by the board within six (6) months after the date they were received at the board office unless such time is extended by the board for justifiable cause.

(3) Administrative proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(4) (1) If, after After an administrative hearing, the board votes in favor of sustaining the charges, the board may, in its discretion, impose an administrative penalty, not to exceed five thousand dollars ($5,000) for deposit in the general fund of the state of Idaho.

In addition, the board, in its discretion, may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any combination thereof, the individual's license or certificate or a business entity's certificate of authorization.

The board may also, in its discretion, require the an individual to practice under the supervision of another licensee or require the individual to successfully complete continuing education courses as may be prescribed by the board.

(5) (2) Notwithstanding the provisions of subsection (4) (1) of this section, any person who has violated the recordkeeping or continuing pro- fessional development requirements imposed by the rules of the board may, in lieu of disciplinary proceedings under this chapter or chapter 52, title 67, Idaho Code, elect to pay the board a penalty in the amount of four hundred dollars ($400) for a first-time violation.

Upon successful completion of the recordkeeping or continuing professional development requirements and payment of the penalty, the violation shall not be considered disciplinary action under the provisions of this section and shall not be reported to any national disciplinary database.

(6) The board shall have jurisdiction over licensees and certificate holders whose licenses and certificates are not current, provided the action relates to services performed when the license was current and valid.

SECTION 6.

SECTION 6.7.

The board shall have the power to refuse to issue, renew or reinstate a license issued pursuant to this chapter and may revoke, suspend, place on probation, reprirepri- - mand, limit, restrict, condition or take other disciplinary action against the licensee as it deems proper, upon a determination by the board that the licensee take disciplinary action upon a determination that an individual engaged in conduct constituting any one (1) of the following grounds:

SECTION 7.8.

SECTION 8.9.

(c) Restriction of the offender's certificate to prohibit the offender from performing certain acts or from engaging in the practice of phar-phar - macy in a particular manner for a term to be determined by the board;

SECTION 9.10.

(10) Apply the provisions of section 12-117(5), Idaho Code, regarding the assessment of costs and fees incurred in the investigation and prosecu-prosecu - tion or defense of a licensee under this chapter.

SECTION 10.11.

Every person subject to disciplinary proceedings shall be afforded an opop- - portunity for hearing after reasonable notice, and all investigations, proceedings, and hearings conducted pursuant to this act shall be conducted in accordance with the administrative procedure act, chapter 52, title 67, Idaho Code, and any rules adopted by the board pursuant thereto.

SECTION 11.12.

SECTION 12.13.

(5) The board, or its duly appointed hearing officer, shall have the power in any disciplinary proceeding under this chapter to administer oaths, take depositions of witnesses within or without the state in the manner propro- - vided by law in civil cases, and may apply to any district court of this state for a subpoena to require the attendance of such witnesses and the producproduc- - tion of such books, records, and papers as it deems necessary.

SECTION 13.14.

SECTION 14.15.

Such summons to testify shall be issued and served in like manner as a subpoena to witness issued from the dis-dis - trict court or in other manner consistent with the procedure of the division of occupational and professional licenses.

In case any wit-wit - ness shall fail or refuse to appear and testify upon being summoned as herein provided, the clerk of the district court of the county shall, upon demand by the administrator or his designated agent, issue a subsub- - poena reciting the demand therefor and summoning the witness to appear and testify at a time and place fixed.

SECTION 15.16.

It shall have power to provide an office, office equipment and facili-facili - ties and such books and records as may be reasonably necessary for the proper performance of its duties.

SECTION 16.17.

SECTION 17.18.

SECTION 18.19.

In no instance will the occupational licenses fund be obligated to pay any claims that in aggregate with claims already paid exceed the income to the occupa-occupa - tional licenses fund, which has been derived by the application of this chapter.

SECTION 19.20.

VIOLATIONS AND PENALTIES.PENALTIES .

SECTION 20.21.

SECTION 21.22.

(4) Conduct investigations and hold hearings and compel the attendance of witnesses and the production of papers at such investigations or hearhear- - ings;

SECTION 22.23.

SECTION 23.24.

SECTION 24.25.

SECTION 25.26.

REVOCATION OR SUSPENSION OF LICENSE -- PROCEDURES FOR DISCI-DISCI - PLINARY PROCEEDINGSPROCEEDINGS. .

SECTION 26.27.

SECTION 27.28.

and (k) Authorize, by written agreement, the division of occupational and professional licenses as its agent to act in its interest and, at the board's discretion, contract with the division of occupational and professional li-li - censes for those services deemed necessary for the proper administration of this chapter.

(2) In any proceeding before the board authorized by this chapter, the board or its designee may administer oaths or affirmations to witnesses ap-ap - pearing before it, may subpoena witnesses and compel their attendance and also may require the production of books, papers, documents, electronically stored information and items at such proceedings.

SECTION 28.29.

SECTION 29.30.

(2) For the purpose of any investigation or proceeding under this chap- ter, the commission or any person designated by it may administer oaths or affirmations, and upon its own motion or upon the request of any party the commission or any person designated by it shall have the power to adminis - ter oaths, take depositions of witnesses in and out of the state of Idaho in the manner of civil cases, require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing before it or deposition authorized by it pertaining in any manner to any mat-mat - ters of which it has authority to investigate, and for that purpose the com-com - mission may issue a subpoena for any witness or a subpoena duces tecum to com-com - pel the production of any books, records or papers that shall be served and returned in the same manner as a subpoena in a civil case is returned.

SECTION 30.31.

SECTION 31.

That Section 39-4125 , Idaho Code, be, and the same is hereby repealed.

That Section 54-22339-4125 , Idaho Code, be, and the same is hereby repealed.

That Section 54-22554-223 , Idaho Code, be, and the same is hereby repealed.

That Section 54-61054-225 , Idaho Code, be, and the same is hereby repealed.

That Section 54-71354-610 , Idaho Code, be, and the same is hereby repealed.

That Section 54-92554-713 , Idaho Code, be, and the same is hereby repealed.

That Section 54-92654-925 , Idaho Code, be, and the same is hereby repealed.

That Section 54-93354-926 , Idaho Code, be, and the same is hereby repealed.

That Section 54-100954-933 , Idaho Code, be, and the same is hereby repealed.

That Section 54-1127,54-1009 , Idaho Code, be, and the same is hereby repealed.

That Section 54-1220,54-1127 , Idaho Code, be, and the same is hereby repealed.

That Section 54-151354-1513, , Idaho Code, be, and the same is hereby repealed.

That Section 54-152454-1524, , Idaho Code, be, and the same is hereby repealed.

That Section 54-2608,54-2608 , Idaho Code, be, and the same is hereby repealed.

That Section 54-2920,54-2920 , Idaho Code, be, and the same is hereby repealed.

That Section 54-311354-3113, , Idaho Code, be, and the same is hereby repealed.

That Section 54-311454-3114, , Idaho Code, be, and the same is hereby repealed.

That Section 54-5218,54-5218 , Idaho Code, be, and the same is hereby repealed.

That Section 54-5219,54-5219 , Idaho Code, be, and the same is hereby repealed.

VIOLATIONS AND PENALTIES -- PROSECUTION OF OFFENSESOFFENSES. .