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

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
505
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
OCCUPATIONAL
AND
PROFESSIONAL
LICENSING;
AMENDING
SECTION
2
36
-
2107,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DU
-
3
TIES
OF
THE
OUTFITTERS
AND
GUIDES
LICENSING
BOARD;
AMENDING
SECTION
4
54
-
308,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
OF
THE
5
BOARD
OF
ARCHITECTS
AND
LANDSCAPE
ARCHITECTS;
AMENDING
SECTION
54
-
707,
6
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
7
THE
STATE
BOARD
OF
CHIROPRACTIC
PHYSICIANS;
AMENDING
SECTION
54
-
1208,
8
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
OF
THE
BOARD
OF
9
LICENSURE
OF
PROFESSIONAL
ENGINEERS
AND
PROFESSIONAL
LAND
SURVEYORS;
10
AMENDING
SECTION
54
-
1223,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
1
1
THE
SAVING
CLAUSE
AND
EXEMPTIONS;
AMENDING
SECTION
54
-
1413,
IDAHO
CODE,
12
TO
REVISE
PROVISIONS
REGARDING
DISCIPLINARY
ACTION;
AMENDING
SECTION
13
54
-
1509,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DU
-
14
TIES
OF
THE
STATE
BOARD
OF
OPTOMETRY;
AMENDING
SECTION
54
-
1728,
IDAHO
15
CODE,
TO
REVISE
PROVISIONS
REGARDING
PENALTIES
AND
REINSTATEMENT
IN
-
16
TERVALS;
AMENDING
SECTION
54
-
1806,
IDAHO
CODE,
TO
REVISE
PROVISIONS
17
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
STATE
BOARD
OF
MEDICINE;
AMENDING
18
SECTION
54
-
1806A,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
MEDICAL
19
DISCIPLINARY
ENFORCEMENT
AND
TO
RENAME
THE
SECTION;
AMENDING
SECTION
20
54
-
2206,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DU
-
21
TIES
OF
THE
PHYSICAL
THERAPY
LICENSURE
BOARD;
AMENDING
SECTION
54
-
2305,
22
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
OF
THE
BOARD
OF
23
PSYCHOLOGIST
EXAMINERS;
AMENDING
SECTION
54
-
2412,
IDAHO
CODE,
TO
RE
-
24
VISE
PROVISIONS
REGARDING
THE
POWERS
OF
THE
STATE
BOARD
OF
DRINKING
25
WATER
AND
WASTEWATER
PROFESSIONALS
AND
THE
PROCEDURES
FOR
DISCIPLINARY
26
PROCEEDINGS;
AMENDING
SECTION
54
-
2607,
IDAHO
CODE,
TO
REVISE
PRO
-
27
VISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
ADMINISTRATOR
OF
THE
28
DIVISION
OF
OCCUPATIONAL
AND
PROFESSIONAL
LICENSES;
AMENDING
SECTION
29
54
-
2808,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DU
-
30
TIES
OF
THE
STATE
BOARD
OF
REGISTRATION
FOR
PROFESSIONAL
GEOLOGISTS;
31
AMENDING
SECTION
54
-
2819,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
32
DISCIPLINE;
AMENDING
SECTION
54
-
2910,
IDAHO
CODE,
TO
REVISE
PROVISIONS
33
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
SPEECH,
HEARING
AND
COMMUNICA
-
34
TION
SERVICES
LICENSURE
BOARD;
AMENDING
SECTION
54
-
3003,
IDAHO
CODE,
35
TO
REVISE
PROVISIONS
REGARDING
THE
BOARD
OF
ARCHITECTS
AND
LANDSCAPE
36
ARCHITECTS;
AMENDING
SECTION
54
-
3005,
IDAHO
CODE,
TO
REVISE
PROVISIONS
37
REGARDING
VIOLATIONS
AND
PENALTIES;
AMENDING
SECTION
54
-
3309,
IDAHO
38
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
STATE
39
BOARD
OF
DENTURITRY;
AMENDING
SECTION
54
-
4007,
IDAHO
CODE,
TO
REVISE
40
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
BOARD
OF
MASSAGE
THER
-
41
APY;
AMENDING
SECTION
54
-
4107,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARD
-
42
ING
DISCIPLINARY
PROCEEDINGS;
AMENDING
SECTION
54
-
4311,
IDAHO
CODE,
TO
43
REVISE
PROVISIONS
REGARDING
LICENSE
OR
PERMIT
SUSPENSION,
REVOCATION,
44
AND
REFUSAL
TO
RENEW;
AMENDING
SECTION
54
-
5006,
IDAHO
CODE,
TO
REVISE
45

2
PROVISIONS
REGARDING
THE
ADMINISTRATOR
OF
THE
DIVISION
OF
OCCUPATIONAL
1
AND
PROFESSIONAL
LICENSES;
AMENDING
SECTION
54
-
5315,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
DISCIPLINARY
PROCEEDINGS
OF
THE
IDAHO
LIQ
-
3
UEFIED
PETROLEUM
GAS
BOARD;
AMENDING
SECTION
54
-
5409,
IDAHO
CODE,
TO
4
REVISE
PROVISIONS
REGARDING
INJUNCTIONS
AND
CIVIL
PENALTIES;
AMENDING
5
SECTION
54
-
5807,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
6
OF
THE
BARBER
AND
COSMETOLOGY
SERVICES
LICENSING
BOARD;
AMENDING
SEC
-
7
TION
55
-
1811,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
8
DUTIES
OF
THE
IDAHO
REAL
ESTATE
COMMISSION;
AMENDING
SECTION
55
-
1813,
9
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
INVESTIGATIONS
AND
PROCEED
-
10
INGS
OF
THE
IDAHO
REAL
ESTATE
COMMISSION;
AMENDING
CHAPTER
26,
TITLE
67,
1
1
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
2616,
IDAHO
CODE,
TO
ES
-
12
TABLISH
PROVISIONS
REGARDING
DISCIPLINARY
PROCEEDINGS
OF
THE
DIVISION
13
OF
OCCUPATIONAL
AND
PROFESSIONAL
LICENSES;
REPEALING
SECTION
39
-
4125,
14
IDAHO
CODE,
RELATING
TO
INJUNCTIONS
AND
AFFIDAVITS;
REPEALING
SECTION
15
54
-
223,
IDAHO
CODE,
RELATING
TO
INJUNCTIONS;
REPEALING
SECTION
54
-
225,
16
IDAHO
CODE,
RELATING
TO
THE
PROSECUTING
ATTORNEY
AND
THE
ATTORNEY
GEN
-
17
ERAL;
REPEALING
SECTION
54
-
610,
IDAHO
CODE,
RELATING
TO
PROCEEDINGS
FOR
18
SUSPENSIONS,
REVOCATIONS,
OR
OTHER
DISCIPLINES
OF
LICENSES;
REPEALING
19
SECTION
54
-
713,
IDAHO
CODE,
RELATING
TO
PENALTIES
AND
REINSTATEMENT;
20
REPEALING
SECTION
54
-
925,
IDAHO
CODE,
RELATING
TO
OTHER
GROUNDS
OF
RE
-
21
VOCATION
OR
SUSPENSION
OF
DENTAL
HYGIENISTS;
REPEALING
SECTION
54
-
926,
22
IDAHO
CODE,
RELATING
TO
OTHER
GROUNDS
OF
REVOCATION
OR
SUSPENSION
OF
23
DENTAL
THERAPISTS;
REPEALING
SECTION
54
-
933,
IDAHO
CODE,
RELATING
TO
24
INJUNCTION
PROCEDURES;
REPEALING
SECTION
54
-
1009,
IDAHO
CODE,
RELATING
25
TO
THE
REVOCATION
OR
SUSPENSION
OF
LICENSES,
HEARINGS,
AND
TAKING
TES
-
26
TIMONY;
REPEALING
SECTION
54
-
1127,
IDAHO
CODE,
RELATING
TO
INJUNCTIONS
27
AND
VENUE;
REPEALING
SECTION
54
-
1220,
IDAHO
CODE,
RELATING
TO
DISCI
-
28
PLINARY
ACTIONS
AND
PROCEDURES;
REPEALING
SECTION
54
-
1416,
IDAHO
CODE,
29
RELATING
TO
INJUNCTIONS;
REPEALING
SECTION
54
-
1512,
IDAHO
CODE,
RELAT
-
30
ING
TO
PENALTIES
AND
REINSTATEMENT;
REPEALING
SECTION
54
-
1513,
IDAHO
31
CODE,
RELATING
TO
THE
DUTY
OF
THE
PROSECUTING
ATTORNEY
AND
THE
ATTORNEY
32
GENERAL;
REPEALING
SECTION
54
-
1524,
IDAHO
CODE,
RELATING
TO
INJUNCTION
33
PROCEDURES;
REPEALING
SECTION
54
-
1815,
IDAHO
CODE,
RELATING
TO
VIO
-
34
LATION
OF
THE
MEDICAL
PRACTICE
ACT
AND
INJUNCTIONS;
REPEALING
SECTION
35
54
-
1915,
IDAHO
CODE,
RELATING
TO
THE
PROCEDURE
FOR
IMPOSITION
OF
DISCI
-
36
PLINE;
REPEALING
SECTION
54
-
1918,
IDAHO
CODE,
RELATING
TO
SUBPOENAS
AND
37
PROCESS;
REPEALING
SECTION
54
-
1920A,
IDAHO
CODE,
RELATING
TO
ENFORCE
-
38
MENT;
REPEALING
SECTION
54
-
2066,
IDAHO
CODE,
RELATING
TO
INJUNCTIVE
39
RELIEF;
REPEALING
SECTION
54
-
2115A,
IDAHO
CODE,
RELATING
TO
THE
MAXIMUM
40
TIME
PERIODS
FOR
SUSPENSION,
REVOCATION,
AND
REAPPLICATION;
REPEALING
41
SECTION
54
-
2116,
IDAHO
CODE,
RELATING
TO
JUDICIAL
REVIEW;
REPEALING
42
SECTION
54
-
2120,
IDAHO
CODE,
RELATING
TO
THE
DUTY
OF
THE
ATTORNEY
GEN
-
43
ERAL
TO
ADVISE
AND
REPRESENT;
REPEALING
SECTION
54
-
2220,
IDAHO
CODE,
44
RELATING
TO
DISCIPLINE
ACTIONS
AND
PROCEDURES;
REPEALING
SECTION
45
54
-
2221,
IDAHO
CODE,
RELATING
TO
DISCIPLINARY
ACTIONS
AND
PENALTIES;
46
REPEALING
SECTION
54
-
2311,
IDAHO
CODE,
RELATING
TO
THE
DUTY
OF
PROSE
-
47
CUTING
ATTORNEYS;
REPEALING
SECTION
54
-
2414,
IDAHO
CODE,
RELATING
TO
48
THE
DUTY
OF
THE
PROSECUTING
ATTORNEY
AND
THE
ATTORNEY
GENERAL;
REPEAL
-
49
ING
SECTION
54
-
2608,
IDAHO
CODE,
RELATING
TO
REVOCATION
OF
CERTIFICATES
50

3
OF
COMPETENCY,
SUSPENSION,
AND
REFUSAL
TO
RENEW;
REPEALING
SECTION
1
54
-
2920,
IDAHO
CODE,
RELATING
TO
DENIAL
OF
APPLICATIONS;
REPEALING
2
SECTION
54
-
2924,
IDAHO
CODE,
RELATING
TO
INVESTIGATIONS,
DISCIPLINARY
3
ACTIONS,
AND
PROCEDURES;
REPEALING
SECTION
54
-
2925,
IDAHO
CODE,
RELAT
-
4
ING
TO
DISCIPLINARY
ACTIONS
AND
PENALTIES;
REPEALING
SECTION
54
-
3113,
5
IDAHO
CODE,
RELATING
TO
INVESTIGATION
OF
VIOLATIONS
AND
HEARINGS;
RE
-
6
PEALING
SECTION
54
-
3114,
IDAHO
CODE,
RELATING
TO
JUDICIAL
REVIEW
OF
7
BOARD
ACTION;
REPEALING
SECTION
54
-
3216,
IDAHO
CODE,
RELATING
TO
THE
8
ATTORNEY
GENERAL
AND
PROSECUTING
ATTORNEYS;
REPEALING
SECTION
54
-
3321,
9
IDAHO
CODE,
RELATING
TO
JUDICIAL
REVIEW
OF
BOARD
ACTION;
REPEALING
SEC
-
10
TION
54
-
3322,
IDAHO
CODE,
RELATING
TO
SEVERABILITY;
REPEALING
SECTION
1
1
54
-
3323,
IDAHO
CODE,
RELATING
TO
INJUNCTION
PROCEDURE;
REPEALING
SEC
-
12
TION
54
-
3409,
IDAHO
CODE,
RELATING
TO
INJUNCTION
PROCEDURE;
REPEALING
13
SECTION
54
-
3716,
IDAHO
CODE,
RELATING
TO
COMPLAINTS;
REPEALING
SECTION
14
54
-
3720,
IDAHO
CODE,
RELATING
TO
PENALTIES
AND
DISCIPLINARY
ACTIONS;
15
REPEALING
SECTION
54
-
4108,
IDAHO
CODE,
RELATING
TO
HEARINGS;
REPEALING
16
SECTION
54
-
4117,
IDAHO
CODE,
RELATING
TO
INJUNCTIVE
RELIEF;
REPEALING
17
SECTION
54
-
4118,
IDAHO
CODE,
RELATING
TO
PROOF
OF
COMPLAINT
AND
PROS
-
18
ECUTION
BY
COUNTY
ATTORNEYS;
REPEALING
SECTION
54
-
4514,
IDAHO
CODE,
19
RELATING
TO
INJUNCTIVE
RELIEF;
REPEALING
SECTION
54
-
5013A,
IDAHO
CODE,
20
RELATING
TO
REVOCATION
OR
SUSPENSION
OF
CERTIFICATES,
HEARINGS,
TAKING
21
TESTIMONY,
AND
JUDICIAL
REVIEW;
REPEALING
SECTION
54
-
5218,
IDAHO
CODE,
22
RELATING
TO
THE
ATTORNEY
GENERAL
AND
PROSECUTING
ATTORNEYS;
REPEAL
-
23
ING
SECTION
54
-
5219,
IDAHO
CODE,
RELATING
TO
SEVERABILITY;
REPEALING
24
SECTION
54
-
5317,
IDAHO
CODE,
RELATING
TO
THE
DUTY
OF
THE
PROSECUTING
25
ATTORNEY
AND
THE
ATTORNEY
GENERAL;
AMENDING
SECTION
36
-
408,
IDAHO
CODE,
26
TO
PROVIDE
A
CORRECT
CODE
REFERENCE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
27
AMENDING
SECTION
36
-
2116,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFER
-
28
ENCE;
AMENDING
SECTION
54
-
314,
IDAHO
CODE,
TO
REMOVE
AN
OBSOLETE
PROVI
-
29
SION;
AMENDING
SECTION
54
-
712,
IDAHO
CODE,
TO
REMOVE
A
CODE
REFERENCE;
30
AMENDING
SECTION
54
-
905,
IDAHO
CODE,
TO
REMOVE
AN
OBSOLETE
PROVISION;
31
AMENDING
SECTION
54
-
906,
IDAHO
CODE,
TO
REMOVE
AN
OBSOLETE
PROVISION;
32
AMENDING
SECTION
54
-
906A,
IDAHO
CODE,
TO
REMOVE
AN
OBSOLETE
PROVI
-
33
SION;
AMENDING
SECTION
54
-
1129,
IDAHO
CODE,
TO
REMOVE
A
CODE
REFERENCE;
34
AMENDING
SECTION
54
-
1212,
IDAHO
CODE,
TO
REMOVE
A
CODE
REFERENCE
AND
TO
35
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
54
-
1222,
IDAHO
CODE,
TO
36
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
1502A,
IDAHO
CODE,
37
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
1732,
IDAHO
CODE,
38
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
54
-
1920,
IDAHO
39
CODE,
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
2118,
IDAHO
40
CODE,
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
2821,
IDAHO
41
CODE,
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
3713,
IDAHO
42
CODE,
TO
REMOVE
A
CODE
REFERENCE;
AMENDING
SECTION
54
-
4014,
IDAHO
CODE,
43
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
4119,
IDAHO
CODE,
44
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
4133,
IDAHO
CODE,
45
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
4313,
IDAHO
CODE,
46
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
54
-
4713,
IDAHO
CODE,
47
TO
REMOVE
AN
OBSOLETE
PROVISION;
AMENDING
SECTION
55
-
1612,
IDAHO
CODE,
48
TO
REMOVE
A
CODE
REFERENCE;
AMENDING
SECTION
55
-
1613,
IDAHO
CODE,
TO
49

4
REMOVE
A
CODE
REFERENCE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
1
EFFECTIVE
DATE.
2
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
3
SECTION
1.
That
Section
36
-
2107,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
36
-
2107.
POWERS
AND
DUTIES
OF
BOARD.
The
board
shall
have
the
follow
-
6
ing
duties
and
powers:
7
(a)
To
conduct
examinations
to
ascertain
the
qualifications
of
appli
-
8
cants
for
outfitter's
or
guide's
licenses,
and
to
issue
such
licenses
to
9
qualified
applicants,
with
such
restrictions
and
limitations
thereon
as
the
10
board
may
find
reasonable.
1
1
(b)
To
prescribe
and
establish
rules
of
procedure
to
carry
into
effect
12
the
provisions
of
this
chapter
including,
but
not
limited
to,
rules
pre
-
13
scribing
all
requisite
qualifications
of
training,
experience,
knowledge
14
of
rules
of
governmental
bodies,
condition
and
type
of
gear
and
equipment,
15
and
examinations
to
be
given
applicants,
whether
oral,
written
or
demonstra
-
16
tive,
or
a
combination
thereof.
17
(c)
To
conduct
hearings
and
proceedings
to
suspend,
revoke
or
restrict
18
the
licenses
of
outfitters
or
guides,
and
to
suspend,
revoke
or
restrict
said
19
licenses
for
due
cause
in
the
manner
hereinafter
provided.
20
(d)
(c)
The
board
is
expressly
vested
with
the
power
and
the
authority
21
to
enforce
the
provisions
of
this
chapter
,
including
obtaining
injunctive
22
relief,
and
to
make
and
enforce
any
and
all
reasonable
rules
which
shall
by
it
23
be
deemed
necessary
and
which
are
not
in
conflict
with
the
provisions
of
this
24
chapter,
for
the
express
purpose
of
safeguarding
the
health,
safety,
welfare
25
and
freedom
from
injury
or
danger
of
those
persons
utilizing
the
services
of
26
outfitters
and
guides,
and
for
the
conservation
of
wildlife
and
range
re
-
27
sources.
28
(e)
(d)
The
board
shall
have
the
power
to
cooperate
with
the
federal
and
29
state
government
through
its
appropriate
agency
or
instrumentality
in
mat
-
30
ters
of
mutual
concern
regarding
the
business
of
outfitting
and
guiding
in
31
Idaho.
32
(f)
The
board
shall
have
the
power
throughout
the
state
of
Idaho
to
re
-
33
quest
the
attendance
of
witnesses
and
the
production
of
such
books,
records
34
and
papers
as
may
be
required
at
any
hearing
before
it.
The
board
or
its
hear
-
35
ing
officer
may
issue
and
serve
subpoenas
or
subpoenas
duces
tecum
in
a
man
-
36
ner
consistent
with
chapter
52,
title
67,
Idaho
Code,
the
rules
of
the
of
-
37
fice
of
the
attorney
general,
and
rules
45(e)(2)
and
45(g)
of
the
Idaho
rules
38
of
civil
procedure.
Payment
of
fees
or
mileage
for
service
of
subpoenas
or
39
attendance
of
witnesses
shall
be
paid
by
the
board
consistent
with
the
pro
-
40
visions
of
chapter
52,
title
67,
Idaho
Code,
the
rules
of
the
office
of
the
41
attorney
general,
and
rule
45(e)(1)
of
the
Idaho
rules
of
civil
procedure.
42
Disobedience
of
a
subpoena
or
subpoena
duces
tecum
may
be
enforced
by
making
43
application
to
the
district
court.
Disobedience
by
a
licensee
of
a
subpoena
44
or
subpoena
duces
tecum
issued
by
the
board
shall
be
deemed
a
violation
of
a
45
board
order.
46
(g)
(e)
The
division
administrator
shall
have
the
power
to
hire
en
-
47
forcement
agents
in
order
to
conduct
investigations
and
enforce
the
provi
-
48

5
sions
of
this
chapter.
All
enforcement
agents
appointed
by
the
board
who
are
1
certified
by
the
Idaho
peace
officer
standards
and
training
council
shall
2
have
the
power
of
peace
officers
limited
to:
3
1.
Enforcement
of
the
provisions
of
this
chapter.
4
2.
Responding
to
express
requests
from
other
law
enforcement
agencies
5
for
aid
and
assistance
in
enforcing
other
laws.
For
purposes
of
this
6
section,
such
a
request
from
a
law
enforcement
agency
shall
mean
only
a
7
request
as
to
a
particular
and
singular
violation
or
suspicion
of
viola
-
8
tion
of
law
and
shall
not
constitute
a
continuous
request
for
assistance
9
outside
the
purview
of
enforcement
of
the
provisions
of
this
chapter.
10
(h)
(f)
The
board
shall
designate
the
number
of
deer
or
elk
tags
allo
-
1
1
cated
pursuant
to
section
36
-
408(4),
Idaho
Code,
among
the
authorized
out
-
12
fitting
operations
within
each
capped
or
controlled
zone,
unit,
or
game
man
-
13
agement
area
in
a
fair
and
equitable
manner
designed
to
maximize
the
use
of
14
allocated
tags
by
the
outfitted
public
and
promote
predictability
for
indi
-
15
vidual
outfitting
operations
that
have
previously
used
or
ensured
the
use
of
16
the
allocated
tags
designated
to
them.
The
board
will
report
the
number
of
17
tags
designated
to
each
outfitter
operation
back
to
the
department
of
fish
18
and
game
for
distribution.
19
SECTION
2.
That
Section
54
-
308,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
54
-
308.
BOARD
-
-
POWERS.
The
board
shall
have,
in
addition
to
the
pow
-
22
ers
conferred
elsewhere
in
this
chapter,
the
following
powers:
23
(1)
To
authorize,
by
written
agreement,
the
division
of
occupational
24
and
professional
licenses
to
act
as
its
agent
in
its
interests
and,
at
its
25
discretion,
to
contract
with
the
division
of
occupational
and
professional
26
licenses
for
those
services
deemed
necessary
for
the
proper
administration
27
of
this
chapter;
28
(2)
(1)
To
adopt,
pursuant
to
the
administrative
procedure
act,
such
29
rules
as
are
necessary
for
the
administration
and
enforcement
of
this
chap
-
30
ter,
including
a
code
of
ethics
and
standards
of
practice;
31
(3)
(2)
To
maintain
records
necessary
to
carry
out
its
duties
under
this
32
chapter;
33
(4)
(3)
To
adopt
rules
setting
the
qualifications
and
fitness
of
appli
-
34
cants
for
licensure
under
this
chapter;
35
(5)
(4)
To
approve
continuing
education
courses
and
prescribe
by
rule
36
the
minimum
number
of
continuing
education
hours
required
of
each
licensee
37
seeking
to
obtain
or
renew
an
architect's
license
in
the
state
of
Idaho;
38
(6)
To
examine
for,
deny,
approve,
issue,
revoke,
suspend
or
otherwise
39
discipline
licenses
pursuant
to
this
chapter
and
to
conduct
investigations
40
and
hearings
in
connection
with
such
actions,
in
accordance
with
the
provi
-
41
sions
of
chapter
52,
title
67,
Idaho
Code;
42
(7)
(5)
To
establish
a
procedure
for
an
applicant
to
request
an
exemp
-
43
tion
review
for
a
felony
or
lesser
crime
conviction.
The
applicant
shall
44
bear
the
burden
and
financial
responsibility
of
providing
all
evidence,
doc
-
45
umentation
and
proof
of
suitability
for
licensure
required
by
the
board
for
46
exemption
review;
and
47
(8)
To
administer
or
have
its
designee
administer
oaths
or
affirmations
48
to
witnesses
in
any
proceeding
authorized
by
this
chapter;
49

6
(9)
(a)
To
engage
in
discovery
as
provided
in
the
Idaho
rules
of
civil
1
procedure
and
chapter
52,
title
67,
Idaho
Code,
including,
but
not
lim
-
2
ited
to,
the
power
to
take
depositions
of
witnesses
within
or
without
3
the
state
in
the
manner
provided
by
law
in
civil
cases,
and
to
require
4
the
attendance
of
witnesses
and
the
production
of
books,
records
and
pa
-
5
pers
as
it
may
desire
at
any
hearing
before
it
of
any
matter
that
it
has
6
authority
to
investigate,
and
for
that
purpose
the
board
or
its
desig
-
7
nated
hearing
officer
may
issue
a
subpoena
for
any
witness
or
a
subpoena
8
duces
tecum
to
compel
the
production
of
any
books,
records
or
papers,
9
directed
to
the
sheriff
of
any
county
of
the
state
of
Idaho
where
the
10
witness
resides
or
may
be
found,
which
shall
be
served
and
returned
in
1
1
the
same
manner
as
a
subpoena
in
a
criminal
case
is
served
and
returned.
12
The
licensed
person
accused
in
the
proceedings
shall
have
the
same
right
13
of
subpoena
upon
making
application
to
the
board.
14
(b)
The
fees
and
mileage
of
the
witnesses
shall
be
the
same
as
that
al
-
15
lowed
in
the
district
courts
in
criminal
cases
and
will
be
paid
from
the
16
occupational
licenses
fund
in
the
same
manner
as
other
expenses
of
the
17
board
are
paid.
18
(c)
In
any
case
of
disobedience
to,
or
neglect
of,
any
subpoena
or
sub
-
19
poena
duces
tecum
served
upon
any
person,
or
the
refusal
of
any
witness
20
to
testify
to
any
matter
regarding
which
he
may
be
interrogated,
it
21
shall
be
the
duty
of
the
district
court,
or
any
judge
thereof,
of
any
22
county
in
this
state
in
which
the
disobedience,
neglect
or
refusal
oc
-
23
curs,
upon
application
by
the
board,
to
compel
obedience
by
proceedings
24
for
contempt
as
in
the
case
of
disobedience
of
the
requirements
of
a
sub
-
25
poena
issued
from
the
court
or
for
refusal
to
testify;
and
26
(10)
(6)
To
take
such
action
as
may
be
necessary
to
enforce
the
provi
-
27
sions
of
this
chapter
and
to
regulate
the
practice
of
architecture.
28
SECTION
3.
That
Section
54
-
707,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
54
-
707.
POWERS
AND
DUTIES.
The
board
shall
have
the
authority
to:
31
(1)
Hire
or
appoint
employees,
including
an
executive
director,
inves
-
32
tigators,
attorneys,
consultants
and
independent
hearing
examiners;
33
(2)
(1)
Establish
,
pursuant
to
the
provisions
of
chapter
52,
title
67,
34
Idaho
Code,
rules
,
subject
to
legislative
approval,
for
the
administration
35
of
the
provisions
of
this
chapter;
36
(3)
(2)
Conduct
Review
investigations
and
examinations
and
hold
hear
-
37
ings
;
38
(4)
Revoke
or
suspend
licenses
to
practice
chiropractic
after
provid
-
39
ing
the
licensee
with
an
opportunity
for
an
appropriate
contested
case
in
ac
-
40
cordance
with
the
provisions
of
chapter
52,
title
67,
Idaho
Code;
41
(5)
In
any
disciplinary
proceeding
pursuant
to
this
chapter
to
admin
-
42
ister
oaths,
take
depositions
of
witnesses
within
or
without
the
state
in
43
the
manner
provided
by
law
in
civil
cases,
and
shall
have
the
power
through
-
44
out
the
state
of
Idaho
to
require
the
attendance
of
such
witnesses
and
the
45
production
of
such
books,
records,
and
papers
as
it
may
desire
at
any
hear
-
46
ing
and,
for
that
purpose,
the
board
may
issue
a
subpoena
for
any
witnesses
47
or
subpoena
duces
tecum
to
compel
the
production
of
any
books,
records
or
48
papers,
directed
to
the
sheriff
of
any
county
in
the
state
of
Idaho,
where
49

7
such
witness
resides
or
may
be
found,
which
shall
be
served
and
returned
in
1
the
same
manner
as
a
subpoena
in
a
criminal
case
is
served
and
returned.
The
2
fees
and
mileage
of
the
witnesses
shall
be
the
same
as
allowed
in
the
district
3
courts
in
criminal
cases,
which
fees
and
mileage
shall
be
paid
from
any
funds
4
in
the
state
treasury
in
the
same
manner
as
other
expenses
of
the
board
are
5
paid.
The
licensee
accused
in
such
proceedings
shall
have
the
same
right
of
6
subpoena
upon
making
application
to
the
board
therefor.
In
any
case
of
dis
-
7
obedience
to,
or
neglect
of,
any
subpoena
or
subpoena
duces
tecum,
served
8
upon
any
person,
or
the
refusal
of
any
witness
to
testify
to
any
matter
re
-
9
garding
which
he
may
lawfully
be
interrogated,
it
shall
be
the
duty
of
the
10
district
court
of
any
county
in
this
state
in
which
this
disobedience,
ne
-
1
1
glect
or
refusal
occurs,
on
application
by
the
board
to
compel
compliance
12
with
the
subpoena,
to
issue
its
order
directing
compliance
with
such
sub
-
13
poena,
and
in
the
event
of
a
violation
of
such
order,
to
compel
compliance
14
with
such
order
by
proceedings
for
contempt
as
in
the
case
of
disobedience
of
15
the
requirement
of
a
subpoena
issued
from
such
court
or
for
refusal
to
tes
-
16
tify
therein;
17
(6)
Seek
injunctive
relief
prohibiting
the
unlawful
practice
of
chiro
-
18
practic;
19
(7)
Make
and
enter
into
contracts
in
the
necessary
performance
of
its
20
duties
pursuant
to
this
chapter;
21
(8)
Develop
and
submit
a
proposed
budget
setting
forth
the
amount
nec
-
22
essary
to
perform
its
functions;
23
(9)
(3)
Perform
such
other
duties
as
set
forth
in
the
laws
of
this
state;
24
(10)
(4)
Provide
such
other
services
and
perform
such
other
functions
25
as
are
necessary
to
fulfill
its
responsibilities;
and
26
(11)
Adopt
rules
to
provide
for
reasonable
fees
and
for
administrative
27
costs
and
to
assess
costs
reasonably
and
necessarily
incurred
in
the
en
-
28
forcement
of
this
chapter
when
a
licensee
has
been
found
to
be
in
violation
29
thereof;
and
30
(12)
(5)
Adopt
a
rule
requiring
continuing
education
as
a
condition
of
31
continued
licensure
or
continued
certification
in
clinical
nutrition.
32
SECTION
4.
That
Section
54
-
1208,
Idaho
Code,
be,
and
the
same
is
hereby
33
amended
to
read
as
follows:
34
54
-
1208.
BOARD
-
-
POWERS.
(1)
The
board
shall
have
the
power
to
adopt
35
and
amend
administrative
rules
including,
but
not
limited
to,
rules
of
pro
-
36
fessional
responsibility,
rules
of
continuing
professional
development
37
not
to
exceed
sixteen
(16)
hours
annually
for
each
profession
for
which
the
38
professional
is
licensed,
and
rules
of
procedure,
not
inconsistent
with
the
39
constitution
and
laws
of
this
state,
which
may
be
reasonably
necessary
for
40
the
proper
performance
of
its
duties
and
the
administration
of
the
chapter
41
and
the
regulation
of
proceedings
before
the
board.
These
actions
by
the
42
board
shall
be
binding
upon
persons
licensed
under
this
chapter
and
shall
be
43
applicable
to
business
entities
holding
a
certificate
of
authorization
as
44
provided
in
section
54
-
1235,
Idaho
Code.
It
shall
adopt
and
have
an
official
45
seal
which
shall
be
affixed
to
each
license
and
certificate
issued.
It
shall
46
have
power
to
provide
an
office,
office
equipment
and
facilities
and
such
47
books
and
records
as
may
be
reasonably
necessary
for
the
proper
performance
48
of
its
duties.
49

8
(2)
In
carrying
into
effect
the
provisions
of
this
chapter,
the
board
1
may
subpoena
witnesses
and
compel
their
attendance,
and
also
may
require
the
2
submission
of
books,
papers,
documents,
or
other
pertinent
data
in
any
dis
-
3
ciplinary
matters
or
in
any
case
wherever
a
violation
of
this
chapter
is
al
-
4
leged.
Upon
failure
or
refusal
to
comply
with
any
such
order
of
the
board,
or
5
upon
failure
to
honor
its
subpoena
as
herein
provided,
the
board
may
apply
to
6
any
court
of
any
jurisdiction
to
enforce
compliance
with
same.
7
(3)
The
board
is
hereby
authorized
in
the
name
of
the
state
to
apply
for
8
relief
by
injunction
in
the
established
manner
provided
in
cases
of
civil
9
procedure,
without
bond,
to
enforce
the
provisions
of
this
chapter
or
to
re
-
10
strain
any
violation
thereof.
Venue
for
all
such
actions
shall
be
in
the
dis
-
1
1
trict
court
of
the
fourth
judicial
district,
Ada
county,
Idaho.
12
(4)
(2)
The
board
may
subject
an
applicant
for
licensure
or
certifica
-
13
tion
to
such
examination
as
it
deems
necessary
to
determine
qualifications.
14
(5)
(3)
Any
action,
claim
or
demand
to
recover
money
damages
from
the
15
board
or
its
employees
which
any
person
is
legally
entitled
to
recover
as
16
compensation
for
the
negligent
or
otherwise
wrongful
act
or
omission
of
the
17
board
or
its
employees,
when
acting
within
the
course
and
scope
of
their
em
-
18
ployment,
shall
be
governed
by
the
Idaho
tort
claims
act,
chapter
9,
title
19
6,
Idaho
Code.
For
purposes
of
this
section,
the
term
"employees"
shall
in
-
20
clude,
in
addition
to
those
persons
listed
in
section
6
-
902(4),
Idaho
Code,
21
special
assignment
members,
emeritus
members
and
any
independent
contrac
-
22
tors
while
acting
within
the
course
and
scope
of
their
board
related
work.
23
(6)
(4)
The
board
may
recommend
arbitration
of
disputes
between
profes
-
24
sional
engineers
or
disputes
between
professional
land
surveyors.
25
SECTION
5.
That
Section
54
-
1223,
Idaho
Code,
be,
and
the
same
is
hereby
26
amended
to
read
as
follows:
27
54
-
1223.
SAVING
CLAUSE
-
-
EXEMPTIONS.
(1)
This
chapter
shall
not
be
28
construed
to
affect:
29
(a)
The
practice
of
any
other
profession
or
trade
for
which
a
license
is
30
required
under
any
law
of
this
state
or
the
United
States.
31
(b)
The
work
of
an
employee
or
a
subordinate
of
a
person
holding
a
li
-
32
cense
under
this
chapter,
provided
such
work
does
not
include
final
en
-
33
gineering
design
or
land
surveying
decisions
and
is
done
under
the
di
-
34
rect
responsibility,
checking,
and
supervision
of,
and
verified
by,
a
35
person
holding
a
license
under
this
chapter.
36
(c)
Any
individual
teaching
upper
division
engineering
subjects
that
37
are
classified
as
engineering
design
for
any
college
or
university
in
38
this
state
as
of
July
1,
1988,
and
any
such
individual
employed
after
39
July
1,
1988,
for
a
period
of
five
(5)
years
from
the
date
of
employment
40
with
any
college
or
university
in
this
state.
41
(d)
An
individual
doing
surveying
work
for
himself,
or
through
a
busi
-
42
ness
entity,
on
property
owned
or
leased
by
the
individual
or
business
43
entity,
or
in
which
the
individual
or
business
entity
has
an
interest,
44
estate
or
possessory
right
and
which
affects
exclusively
the
property
45
or
interests
of
the
individual
or
business
entity;
provided,
that
all
46
land
surveying
maps,
plats
or
plans
filed
with
any
county
recorder's
of
-
47
fice
in
the
state
of
Idaho
for
the
purpose
of
illustrating
or
defining
48

9
boundaries
of
property
ownership,
shall
be
made
by
a
licensed
profes
-
1
sional
land
surveyor
as
provided
in
this
chapter.
2
(e)
An
individual
doing
survey
work
for
himself,
or
through
a
business
3
entity
with
respect
to
the
location,
amendment,
or
relocation
of
a
min
-
4
ing
claim.
5
(f)
The
practice
of
engineering
by
employees
of
a
business
entity
as
6
long
as
the
services
provided
by
them
are
for
internal
business
entity
7
use
only.
8
(2)
The
board,
at
its
discretion,
may
exempt
an
exceptional
individual
9
who
has
twelve
(12)
or
more
years
of
appropriate
experience
in
engineering
10
from
the
requirement
for
satisfactory
completion
of
an
examination
in
the
1
1
fundamentals
of
engineering.
12
(3)
An
applicant
for
licensure
as
a
professional
engineer
either
by
ex
-
13
amination
or
by
comity
who
has
earned
a
bachelor
degree
in
engineering
from
14
an
approved
engineering
program
and
has,
in
addition,
earned
a
doctorate
de
-
15
gree
in
engineering
from
a
college
or
university
which
offers
an
approved
un
-
16
dergraduate
program
in
the
same
discipline
as
the
doctorate
degree
earned,
17
shall
be
exempt
from
the
requirement
for
satisfactory
completion
of
an
exam
-
18
ination
in
the
fundamentals
of
engineering.
Honorary
doctorate
degrees
are
19
not
considered
earned
degrees
for
purposes
of
this
subsection.
20
(4)
In
addition
to,
and
notwithstanding
other
provisions
of
this
chap
-
21
ter,
in
circumstances
of
emergency
creating
conditions
of
imminent
and
22
substantial
danger
to
the
public
health,
safety
or
environment
through
the
23
provision
of
engineering
services,
the
prosecuting
attorney
or
the
attorney
24
general
may
institute
a
civil
action
for
an
immediate
injunction
to
halt
the
25
provision
of
engineering
services.
26
(5)
(4)
A
professional
engineer
licensed
in
Idaho
may
review
the
work
27
of
a
professional
engineer
who
is
licensed
in
another
jurisdiction
of
the
28
United
States
or
a
foreign
country
on
a
project
that
is
a
site
adaptation
29
of
a
standard
design
plan
to
determine
that
the
standard
design
plan
meets
30
the
standard
of
care
and
is
applicable
to
the
intended
circumstance,
with
31
or
without
modification.
The
Idaho
professional
engineer
shall
demonstrate
32
responsible
charge,
as
defined
in
this
chapter,
by
performing
professional
33
services
related
to
his
assignment
including
developing
or
obtaining
a
com
-
34
plete
design
record
with
design
criteria
and
calculations,
performing
nec
-
35
essary
code
research
and
developing
any
necessary
and
appropriate
changes
to
36
the
standard
design
plan
necessary
to
properly
apply
the
standard
design
to
37
the
intended
circumstance.
The
nonprofessional
services,
such
as
drafting,
38
need
not
be
redone
by
the
Idaho
professional
engineer,
but
must
clearly
and
39
accurately
reflect
the
Idaho
professional
engineer's
work.
The
burden
is
on
40
the
Idaho
professional
engineer
to
show
such
compliance.
The
Idaho
profes
-
41
sional
engineer
shall
have
control
of
and
responsibility
for
the
entire
work
42
product,
shall
seal,
sign
and
date
it
as
required
in
this
chapter,
and
shall
43
be
in
possession
of
all
original
documents
or
certified
copies
of
documents
44
related
to
the
professional
engineer's
work
for
the
project.
45
(6)
(5)
In
the
event
a
licensee
in
responsible
charge
of
a
project
46
leaves
employment,
is
transferred,
is
promoted,
becomes
incapacitated,
47
dies
or
is
otherwise
not
available
to
seal,
sign
and
date
final
documents,
48
the
duty
of
responsible
charge
of
the
project
shall
be
accomplished
by
the
49
successor
licensee
by
becoming
familiar
with
and
reviewing,
in
detail,
and
50

10
retaining
the
project
documents
to
date.
Subsequent
work
on
the
project
must
1
clearly
and
accurately
reflect
the
successor
licensee's
responsible
charge.
2
The
successor
licensee
shall
seal,
sign
and
date
all
work
product
in
confor
-
3
mance
with
section
54
-
1215,
Idaho
Code.
4
SECTION
6.
That
Section
54
-
1413,
Idaho
Code,
be,
and
the
same
is
hereby
5
amended
to
read
as
follows:
6
54
-
1413.
DISCIPLINARY
ACTION.
(1)
Grounds
for
discipline.
The
board
7
shall
have
the
power
to
refuse
to
issue,
renew
or
reinstate
a
license
issued
8
pursuant
to
this
chapter
and
may
revoke,
suspend,
place
on
probation,
repri
-
9
mand,
limit,
restrict,
condition
or
take
other
disciplinary
action
against
10
the
licensee
as
it
deems
proper,
upon
a
determination
by
the
board
that
the
1
1
licensee
take
disciplinary
action
upon
a
determination
that
an
individual
12
engaged
in
conduct
constituting
any
one
(1)
of
the
following
grounds:
13
(a)
Made,
or
caused
to
be
made,
a
false,
fraudulent
or
forged
state
-
14
ment
or
representation
in
procuring
or
attempting
to
procure
a
license
15
to
practice
nursing;
16
(b)
Practiced
nursing
under
a
false
or
assumed
name;
17
(c)
Is
convicted
of
or
enters
a
guilty
plea
for
a
crime
deemed
relevant
18
in
accordance
with
section
67
-
9411(1),
Idaho
Code;
19
(d)
Is
or
has
been
grossly
negligent
or
reckless
in
performing
nursing
20
functions;
21
(e)
Habitually
uses
alcoholic
beverages
or
drugs
as
defined
by
rule;
22
(f)
Is
physically
or
mentally
unfit
to
practice
nursing;
23
(g)
Violates
the
provisions
of
this
chapter
or
rules
and
standards
of
24
conduct
and
practice
as
may
be
adopted
by
the
board;
25
(h)
Otherwise
engages
in
conduct
of
a
character
likely
to
deceive,
26
defraud
or
endanger
patients
or
the
public,
which
includes,
but
is
not
27
limited
to,
failing
or
refusing
to
report
criminal
conduct
or
other
con
-
28
duct
by
a
licensee
that
endangers
patients;
29
(i)
Has
been
disciplined
by
a
nursing
regulatory
authority
in
any
ju
-
30
risdiction.
A
certified
copy
of
the
order
entered
by
the
jurisdiction
31
shall
be
prima
facie
evidence
of
such
discipline;
32
(j)
Failure
to
comply
with
the
terms
of
any
board
order,
negotiated
set
-
33
tlement
or
probationary
agreement
of
the
board
or
to
pay
fines
or
costs
34
assessed
in
a
prior
disciplinary
proceeding;
35
(k)
Engaging
in
conduct
with
a
patient
that
is
sexual,
sexually
ex
-
36
ploitative,
sexually
demeaning
or
may
reasonably
be
interpreted
as
37
sexual,
sexually
exploitative
or
sexually
demeaning;
or
engaging
in
38
conduct
with
a
former
patient
that
is
sexually
exploitative
or
may
39
reasonably
be
interpreted
as
sexually
exploitative.
It
would
not
be
a
40
violation
under
this
subsection
for
a
nurse
to
continue
a
sexual
rela
-
41
tionship
with
a
spouse
or
individual
of
majority
if
a
consensual
sexual
42
relationship
existed
prior
to
the
establishment
of
the
nurse
-
patient
43
relationship;
or
44
(l)
Failure
to
comply
with
the
requirements
of
the
abortion
complica
-
45
tions
reporting
act,
chapter
95,
title
39,
Idaho
Code.
46
(2)
Separate
offense.
Each
day
an
individual
violates
any
of
the
provi
-
47
sions
of
this
chapter
or
rules
and
standards
of
conduct
and
practice
as
may
be
48
adopted
by
the
board
shall
constitute
a
separate
offense.
49

11
(3)
Proceedings.
1
(a)
The
executive
director
shall
conduct
such
investigations
and
ini
-
2
tiate
such
proceedings
as
necessary
to
ensure
compliance
with
this
3
section.
The
board
may
accept
the
voluntary
surrender
of
a
license
4
from
any
nurse
under
investigation
and
accordingly
enter
an
order
re
-
5
voking
or
suspending
such
license
and/or
imposing
such
conditions,
6
limitations,
or
restrictions
on
the
practice
of
any
such
nurse
as
may
7
be
appropriate
in
the
discretion
of
the
board.
Otherwise,
every
person
8
subject
to
disciplinary
proceedings
shall
be
afforded
an
opportunity
9
for
hearing
after
reasonable
notice.
All
proceedings
hereunder
shall
10
be
in
accordance
with
chapter
52,
title
67,
Idaho
Code.
1
1
(b)
Hearings
shall
be
conducted
by
the
board
or
by
persons
appointed
by
12
the
board
to
conduct
hearings
and
receive
evidence.
The
board
and
any
13
person
duly
appointed
by
the
board
to
conduct
hearings
shall
have
all
14
powers
as
are
necessary
and
incident
to
the
orderly
and
effective
re
-
15
ceipt
of
evidence
including,
but
not
limited
to,
the
power
to
administer
16
oaths
and
to
compel
by
subpoena
attendance
of
witnesses
and
production
17
of
books,
records
and
things
at
the
hearing
or
at
a
deposition
taken
by
a
18
party
in
accordance
with
the
Idaho
rules
of
civil
procedure.
Any
party
19
shall
be
entitled
to
the
use
of
subpoena
upon
application
therefor.
20
(c)
In
the
event
any
person
fails
to
comply
with
a
subpoena
personally
21
served
upon
him
or
refuses
to
testify
to
any
matter
regarding
which
he
22
may
be
lawfully
interrogated,
the
board
shall
petition
the
district
23
court
in
the
county
where
such
failure
or
refusal
occurred,
or
where
24
such
person
resides,
to
enforce
such
subpoena
or
compel
such
testimony.
25
Proceedings
before
the
district
court
shall
be
for
contempt
in
the
same
26
nature
as
contempt
of
court
for
failure
or
refusal
to
comply
with
an
27
order
of
the
court,
and
the
court
shall
have
the
same
powers
to
secure
28
compliance
with
subpoena
and
testimony
or
to
impose
penalties
as
in
con
-
29
tempt
of
court
proceedings.
30
(d)
The
assessment
of
costs
and
attorney's
fees
incurred
in
the
inves
-
31
tigation
and
prosecution
or
defense
of
an
administrative
proceeding
32
against
a
licensee
under
this
chapter
shall
be
governed
by
the
provi
-
33
sions
of
section
12
-
117(5),
Idaho
Code.
34
(4)
(3)
Probation/subsequent
review.
Any
order
of
the
board
entered
35
under
this
section
may
be
withheld
or
suspended
for
a
probationary
period
to
36
be
fixed
by
the
board
upon
such
terms
and
conditions
as
may
be
appropriate
in
37
order
to
regulate,
monitor
and/or
supervise
the
practice
of
nursing
by
the
38
licensee
subject
to
such
order
for
the
prescribed
probationary
period.
Any
39
order
of
the
board
entered
under
this
section
may
be
withdrawn,
reversed,
40
modified
or
amended
upon
a
showing
by
the
person
subject
to
the
order
that
the
41
grounds
for
discipline
no
longer
exist
or
that
he
is
rehabilitated,
quali
-
42
fied
and
competent
to
practice
nursing
and
that
he
is
not
likely
to
violate
43
this
chapter
or
rules
adopted
hereunder
in
the
future.
44
(5)
(4)
Reporting
investigative
information.
45
(a)
Nothing
in
section
74
-
106(8)
and
(9),
Idaho
Code,
shall
be
con
-
46
strued
as
limiting
the
authority
of
the
board
to
report
current
47
significant
investigative
information
to
the
coordinated
licensure
48
information
system
for
transmission
to
states
that
are
parties
to
any
49
multistate
agreements
or
compacts
regarding
nurse
licensure.
50

12
(b)
The
executive
director
of
the
board
may,
in
the
administration
of
1
this
chapter,
share
information
and
otherwise
cooperate
with
govern
-
2
ment
regulatory
and
law
enforcement
agencies.
3
SECTION
7.
That
Section
54
-
1509,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
54
-
1509.
STATE
BOARD
OF
OPTOMETRY
-
-
POWERS
AND
DUTIES.
In
order
to
6
protect
the
public
in
the
practice
of
optometry,
better
enable
members
of
7
the
public
to
fix
professional
responsibility
and
further
safeguard
the
8
doctor
-
patient
relationship,
the
state
board
of
optometry
shall
have
the
9
following
powers
and
duties:
10
(1)
To
make
and
prescribe
rules
for
a
fair
and
wholly
impartial
method
1
1
of
examination
of
candidates
to
practice
optometry.
12
(2)
To
make
and
prescribe
rules
defining
for
the
optometrists
what
13
shall
constitute
a
school,
college
or
university
or
department
of
a
univer
-
14
sity
or
other
institution
reputable
and
in
good
standing
and
to
determine
the
15
reputability
and
good
standing
of
a
school,
college
or
university
or
depart
-
16
ment
of
a
university
or
other
institution
by
reference
to
a
compliance
with
17
such
rules.
18
(3)
To
make
and
prescribe
rules
to
establish
a
standard
of
preliminary
19
education
deemed
requisite
to
admission
to
a
school,
college
or
university
20
and
to
require
satisfactory
proof
of
the
enforcement
of
such
standards
by
21
schools,
colleges
and
universities.
22
(4)
To
make
and
prescribe
rules
governing
the
relicensing
of
persons
23
applying
for
a
license
to
practice
optometry
in
the
state
of
Idaho
after
a
24
failure
to
maintain
a
license
for
a
period
in
excess
of
five
(5)
years.
25
(5)
To
establish
by
rule
the
qualifications
necessary
to
grant
a
li
-
26
cense
to
practice
optometry
in
Idaho
by
endorsement
to
persons
licensed
in
27
other
states
or
foreign
countries.
28
(6)
To
conduct
examinations
to
ascertain
the
qualifications
and
fit
-
29
ness
of
applicants
to
practice
optometry
or
to
recognize
by
rule
a
national
30
testing
agency
for
the
administration
and
grading
of
such
test.
31
(7)
To
make
and
prescribe
rules
governing
the
minimum
amount
and
kind
32
of
continuing
education
in
optometry
to
be
required
annually
of
each
op
-
33
tometrist
seeking
to
renew
his
license
to
practice
optometry
in
the
state
of
34
Idaho.
35
(8)
To
make,
prescribe
and
promulgate
rules
prescribing
a
code
of
36
ethics
and
standards
of
professional
conduct
in
practice
for
the
purpose
of
37
regulating
and
governing
the
practice
of
optometry
by
licensed
optometrists
38
within
the
state
of
Idaho
and
to
change
and
modify
its
rules
or
prescribe
new
39
rules
in
order
to
improve
the
practice
of
optometry
for
the
benefit
of
the
40
people
of
the
state
of
Idaho.
41
(9)
To
make,
prescribe
and
promulgate
rules
regarding
the
establish
-
42
ment
of
"branch
offices"
in
the
state
of
Idaho
by
persons
licensed
to
prac
-
43
tice
optometry.
44
(10)
To
make,
prescribe
and
promulgate
rules
regarding
advertising
by
45
optometrists
licensed
to
practice
in
Idaho.
46
(11)
To
make,
prescribe
and
promulgate
rules
defining
"gross
incompe
-
47
tence"
as
grounds
for
suspension
or
revocation
of
an
optometrist's
license
48
as
provided
in
section
54
-
1510,
Idaho
Code.
49

13
(12)
To
make,
prescribe
and
promulgate
rules
governing
the
verification
1
by
an
optometrist
of
the
accuracy
in
compounding
and
the
quality
of
the
work
-
2
manship
and
materials
used
by
any
person,
firm
or
corporation
in
the
course
3
of
filling
or
compounding
the
optometrist's
prescriptions
for
vision
aids
of
4
any
type
prior
to
delivery
by
the
optometrist.
5
(13)
To
make,
prescribe
and
promulgate
rules
governing
the
issuance
and
6
release
of
prescriptions
or
copies
of
prescriptions
by
optometrists
out
of
7
the
office
of
the
optometrist.
8
(14)
To
make,
prescribe
and
promulgate
rules
governing
the
type
and
kind
9
of
records
to
be
kept
by
each
optometrist
pertaining
to
all
patients
examined
10
or
for
whom
he
has
adapted
optical
accessories.
1
1
(15)
To
make,
prescribe
and
promulgate
such
other
rules
required
by
this
12
chapter
or
necessary
or
desirable
for
its
enforcement
and
administration.
13
(16)
The
state
board
of
optometry
shall
have
the
power
to
administer
14
oaths,
take
depositions
of
witnesses
in
and
out
of
the
state
of
Idaho
in
15
the
manner
of
civil
cases,
require
the
attendance
of
such
witnesses
and
the
16
production
of
such
books,
records
and
papers
as
it
may
desire
at
any
hearing
17
before
it
or
deposition
authorized
by
it,
pertaining
in
any
manner
to
any
18
matters
of
which
it
has
authority
to
investigate
and
for
that
purpose
the
19
board
may
issue
a
subpoena
for
any
witness
or
a
subpoena
duces
tecum
to
compel
20
the
production
of
any
books,
records
or
papers
directed
to
the
sheriff
of
any
21
county
of
the
state
of
Idaho,
where
such
witness
resides,
or
may
be
found,
22
which
shall
be
served
and
returned
in
the
same
manner
as
a
subpoena
in
a
civil
23
case
is
returned.
The
fees
and
mileage
of
the
witnesses
shall
be
the
same
as
24
that
allowed
in
the
district
courts
in
civil
cases.
In
any
case
of
disobe
-
25
dience
to,
or
neglect
of,
any
subpoena
or
subpoena
duces
tecum
served
upon
26
any
person,
or
the
refusal
of
any
witness
to
testify
to
any
matter
regarding
27
which
he
may
lawfully
be
interrogated,
it
shall
be
the
duty
of
the
district
28
court,
or
any
judge
thereof,
of
any
county
in
this
state
in
which
the
proceed
-
29
ing
is
held
upon
application
of
the
board,
to
compel
obedience
in
proceedings
30
for
contempt
as
in
the
case
of
disobedience
of
the
requirements
of
any
sub
-
31
poena
issued
from
such
court
or
for
refusal
to
testify
therein.
The
licensed
32
person
accused
in
such
proceeding
shall
have
the
same
right
of
subpoena
upon
33
making
application
to
the
board
as
set
out
in
this
chapter.
34
(17)
The
state
board
of
optometry
shall
have
the
power
to
hire
attor
-
35
neys,
investigators,
hearing
officers
or
other
employees
for
carrying
out
36
the
purpose
of
this
chapter
or
to
promote
the
interests
of
the
profession
of
37
optometry.
38
(18)
To
authorize,
by
written
agreement,
the
division
of
occupational
39
and
professional
licenses
as
agent
to
act
in
its
interest.
40
SECTION
8.
That
Section
54
-
1728,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
54
-
1728.
PENALTIES
AND
REINSTATEMENT
INTERVALS.
(1)
Upon
the
finding
43
of
the
existence
of
grounds
for
discipline
of
any
person
or
business
entity
44
holding,
seeking,
or
renewing
a
certificate
under
the
provisions
of
this
45
chapter,
the
board
of
pharmacy
may
impose
any
of
the
following
penalties:
46
(a)
Suspension
of
the
offender's
certificate
for
a
term
to
be
deter
-
47
mined
by
the
board;
48
(b)
Revocation
of
the
offender's
certificate;
49

14
(c)
Restriction
of
the
offender's
certificate
to
prohibit
the
offender
1
from
performing
certain
acts
or
from
engaging
in
the
practice
of
phar
-
2
macy
in
a
particular
manner
for
a
term
to
be
determined
by
the
board;
3
(d)
Refusal
to
issue
or
renew
the
offender's
certificate;
4
(e)
Placement
of
the
offender
on
probation
and
supervision
by
the
board
5
for
a
period
to
be
determined
by
the
board;
or
6
(f)
Imposition
of
an
administrative
fine
not
to
exceed
two
thousand
7
dollars
($2,000)
for
each
occurrence
providing
a
basis
for
discipline.
8
(2)
Whenever
it
appears
that
grounds
for
discipline
exist
under
this
9
chapter
and
the
board
finds
that
there
is
an
immediate
danger
to
the
public
10
health,
safety,
or
welfare,
the
board
is
authorized
to
commence
emergency
1
1
proceedings
to
suspend,
revoke,
or
restrict
the
certificate.
Such
proceed
-
12
ings
shall
be
promptly
instituted
and
processed.
Any
person
whose
certifi
-
13
cate
has
been
disciplined
pursuant
to
this
subsection
can
contest
the
emer
-
14
gency
proceedings
and
appeal
under
the
applicable
provisions
of
chapter
52,
15
title
67,
Idaho
Code.
16
(3)
(1)
The
board
may
take
any
action
against
a
nonresident
licensee
or
17
registrant
that
the
board
can
take
against
a
resident
licensee
or
registrant
18
for
violation
of
the
laws
of
this
state
or
the
state
in
which
it
resides.
19
(4)
(2)
The
board
may
report
any
violation
by
a
nonresident
licensee
or
20
registrant,
or
its
agent
or
employee,
of
the
laws
of
this
state,
the
state
21
in
which
it
resides
or
the
United
States
to
any
appropriate
state
or
federal
22
regulatory
or
licensing
agency
including,
but
not
limited
to,
the
regulatory
23
agency
of
the
state
in
which
the
nonresident
licensee
or
registrant
is
a
res
-
24
ident.
25
(5)
(3)
The
suspension,
revocation,
restriction
or
other
action
taken
26
against
a
licensee
or
registrant
by
a
state
licensing
board
with
authority
27
over
a
licensee's
or
registrant's
professional
certificate
or
by
the
drug
28
enforcement
administration
may
result
in
the
board's
issuance
of
an
order
29
likewise
suspending,
revoking,
restricting
or
otherwise
affecting
the
cer
-
30
tificate
in
this
state,
without
further
proceeding,
but
subject
to
the
ef
-
31
fect
of
any
modification
or
reversal
by
the
issuing
state
or
the
drug
en
-
32
forcement
administration.
33
(6)
The
assessment
of
costs
and
fees
incurred
in
the
investigation
34
and
prosecution
or
defense
of
a
person
holding,
seeking,
or
renewing
a
cer
-
35
tificate
under
this
chapter
shall
be
governed
by
the
provisions
of
section
36
12
-
117(5),
Idaho
Code.
37
(7)
(4)
Any
person
or
business
entity
whose
certificate
to
practice
38
pharmacy
in
this
state
has
been
suspended,
revoked,
or
restricted
pursuant
39
to
this
chapter,
whether
voluntarily
or
by
action
of
the
board,
shall
have
40
the
right,
at
reasonable
intervals,
to
petition
the
board
for
reinstatement
41
of
such
certificate.
Such
petition
shall
be
made
in
writing
and
in
the
form
42
prescribed
by
the
board.
Upon
investigation
and
hearing,
the
board
may
in
43
its
discretion
grant
or
deny
such
petition,
or
it
may
modify
its
original
44
finding
to
reflect
any
circumstances
that
have
changed
sufficiently
to
war
-
45
rant
such
modifications.
46
(8)
(5)
Nothing
herein
shall
be
construed
as
barring
criminal
prosecu
-
47
tions
for
violations
of
the
act
where
such
violations
are
deemed
as
criminal
48
offenses
in
other
statutes
of
this
state
or
of
the
United
States.
49

15
(9)
All
final
decisions
by
the
board
shall
be
subject
to
judicial
review
1
pursuant
to
the
procedures
of
the
administrative
procedure
act.
2
SECTION
9.
That
Section
54
-
1806,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
54
-
1806.
POWERS
AND
DUTIES.
The
board
shall
have
the
authority
to:
5
(1)
Establish
,
pursuant
to
the
administrative
procedure
act,
rules
,
6
subject
to
legislative
approval,
for
administration
of
this
chapter
,
in
-
7
cluding
rules
establishing
procedures
for
the
receipt
of
complaints
and
for
8
the
investigation
and
disposition
thereof.
Such
rules
shall
provide
for
9
notice
to
a
person
when
board
staff
has
undertaken
to
investigate
that
person
10
and
shall
provide
an
opportunity
for
a
person
under
investigation
to
meet
1
1
with
the
committee
or
board
staff
before
the
initiation
of
formal
disci
-
12
plinary
proceedings
by
the
board
.
13
(2)
Conduct
Review
investigations
and
examinations
and
hold
hearings
14
as
authorized
by
this
section
and
by
section
54
-
1806A,
Idaho
Code.
15
(3)
The
board
shall
have
the
power
in
any
investigation
or
disciplinary
16
proceeding
pursuant
to
this
chapter
to
administer
oaths,
take
depositions
17
of
witnesses
within
or
without
the
state
in
the
manner
consistent
with
rules
18
adopted
by
the
board
pursuant
to
the
administrative
procedure
act
and,
upon
a
19
determination
that
there
is
good
cause,
the
board
shall
have
power
through
-
20
out
the
state
of
Idaho
to
require
the
attendance
of
such
witnesses
and
the
21
production
of
such
books,
records,
and
papers
as
it
may
deem
appropriate
for
22
any
investigation,
deposition
or
hearing.
For
that
purpose,
the
board
may
23
issue
a
subpoena
for
any
witnesses,
or
a
subpoena
duces
tecum
to
compel
the
24
production
of
any
books,
records,
or
papers,
directed
to
the
sheriff
of
any
25
county
of
the
state
of
Idaho
where
such
witness
resides
or
may
be
found,
which
26
subpoena
shall
be
served
and
returned
in
the
same
manner
as
a
subpoena
in
a
27
criminal
case
is
served
and
returned.
The
fees
and
mileage
of
the
witnesses
28
shall
be
the
same
as
that
allowed
in
the
district
courts
in
criminal
cases,
29
which
fees
and
mileage
shall
be
paid
from
any
funds
in
the
state
treasury
in
30
the
same
manner
as
other
expenses
of
the
board
are
paid.
In
any
case
of
dis
-
31
obedience
to,
or
neglect
of,
any
subpoena
or
subpoena
duces
tecum
served
upon
32
any
person,
or
the
refusal
of
any
witness
to
testify
to
any
matter
regard
-
33
ing
which
he
may
lawfully
be
interrogated,
it
shall
be
the
duty
of
the
dis
-
34
trict
court
of
any
county
in
this
state
in
which
such
disobedience,
neglect
35
or
refusal
occurs,
or
any
judge
thereof,
on
application
by
the
board
to
com
-
36
pel
compliance
with
the
subpoena
by
proceedings
for
contempt
as
in
the
case
37
of
disobedience
of
the
requirements
of
a
subpoena
issued
from
such
court
or
38
for
refusal
to
testify
therein.
The
licensed
person
accused
in
such
formal
39
contested
case
shall
have
the
same
right
of
subpoena
upon
making
application
40
to
the
board
therefor.
41
(4)
Seek
injunctive
relief
prohibiting
the
unlawful
practice
of
42
medicine.
43
(5)
Make
and
enter
into
contracts.
44
(6)
(3)
Operate,
manage,
superintend
and
control
the
licensure
of
45
physicians
and
physician
assistants.
46
(7)
Develop
and
submit
a
proposed
budget
setting
forth
the
amount
nec
-
47
essary
to
perform
its
functions.
48
(8)
(4)
Perform
such
other
duties
as
set
forth
in
the
laws
of
this
state.
49

16
(9)
(5)
Provide
such
other
services
and
perform
such
other
functions
as
1
are
necessary
to
fulfill
its
responsibilities.
2
(10)
Apply
the
provisions
of
section
12
-
117(5),
Idaho
Code,
regarding
3
the
assessment
of
costs
and
fees
incurred
in
the
investigation
and
prosecu
-
4
tion
or
defense
of
a
licensee
under
this
chapter.
5
(11)
(6)
Share
with
the
department
of
labor
personal
identifying
infor
-
6
mation
of
persons
licensed
under
the
provisions
of
this
chapter
necessary
7
for
the
department
of
labor
to
identify
workforce
shortage
areas
in
Idaho.
8
The
information
provided
to
the
department
of
labor
concerning
any
person
9
licensed
under
this
chapter
shall
remain
confidential
and
not
subject
to
10
public
disclosure,
as
required
in
section
74
-
106,
Idaho
Code.
1
1
(12)
(7)
(a)
Collect
and
review
data
and
information
concerning
mater
-
12
nal
mortality
in
the
state
of
Idaho.
The
board
shall
have
the
power
13
throughout
the
state
of
Idaho
to
require
the
production
of
all
informa
-
14
tion
relating
to
any
incidence
of
maternal
mortality.
15
(b)
The
board
shall
provide
an
annual
summary
report
no
later
than
Jan
-
16
uary
31
each
year
to
the
legislature
on
the
number
of
instances
of
mater
-
17
nal
mortality
and
other
information
as
determined
by
the
board.
18
SECTION
10.
That
Section
54
-
1806A,
Idaho
Code,
be,
and
the
same
is
19
hereby
amended
to
read
as
follows:
20
54
-
1806A.
MEDICAL
DISCIPLINARY
ENFORCEMENT.
COMMITTEE
ON
PROFES
-
21
SIONAL
DISCIPLINE.
The
board
of
medicine
shall
create
a
committee
on
22
professional
discipline
which
shall
have
the
authority
under
the
direct
23
supervision
and
control
of
the
board
to
conduct
professional
disciplinary
24
enforcement
investigations
under
this
chapter
and
particularly
under
sec
-
25
tions
54
-
1810
and
54
-
1814,
Idaho
Code,
and
to
recommend
appropriate
action
26
to
the
board
with
respect
thereto.
The
committee
on
professional
discipline
27
shall
have
no
authority
to
impose
sanctions
or
limitations
or
conditions
28
on
licenses
issued
under
this
chapter
and
shall
be
authorized
only
to
make
29
recommendations
to
the
board
with
respect
thereto.
The
board
shall
provide
30
as
follows
respecting
the
committee
on
professional
discipline:
31
(1)
Membership.
The
committee
shall
consist
of
five
(5)
members
ap
-
32
pointed
by
the
board:
four
(4)
members
licensed
to
practice
medicine
and
33
surgery
in
the
state
of
Idaho,
two
(2)
of
whose
terms
shall
expire
at
midnight
34
on
June
30
in
each
of
two
(2)
successive
years,
and
one
(1)
member
who
is
an
35
adult
Idaho
citizen
of
good
reputation
who
shall
not
be
licensed
to
practice
36
medicine
in
the
state
of
Idaho,
whose
term
shall
expire
at
midnight
on
June
37
30
in
the
year
in
which
no
physician
member's
term
shall
expire.
All
terms
of
38
appointment
shall
be
for
three
(3)
years.
No
member
of
the
committee
on
pro
-
39
fessional
discipline
may
be
appointed
to
serve
more
than
two
(2)
terms.
40
(2)
Chairman.
The
board
of
medicine
shall
designate
one
(1)
member
of
41
the
committee
as
its
chairman
who
shall
serve
and
function
in
that
capacity
42
for
one
(1)
year
or
until
a
successor
is
duly
appointed,
whichever
is
later.
43
(3)
Quorum.
Three
(3)
A
majority
of
the
currently
appointed
members
44
shall
constitute
a
quorum.
45
(4)
Compensation.
Members
of
the
committee
shall
be
compensated
as
46
provided
by
section
59
-
509(p),
Idaho
Code,
from
the
state
board
of
medicine
47
occupational
licenses
fund
for
expenses
incurred
in
the
course
of
serving
on
48
the
committee.
49

17
(5)
Conflicts
and
Disqualification.
Members
shall
disqualify
them
-
1
selves
and,
on
motion
of
any
interested
party
may,
on
proper
showing,
be
2
disqualified
in
any
proceeding
concerning
which
they
have
an
actual
conflict
3
of
interest
or
bias
which
interferes
with
their
fair
and
impartial
service.
4
(6)
(5)
Powers
of
the
Committee
on
Professional
Discipline.
The
com
-
5
mittee
shall
be
empowered
and
authorized:
6
(a)
To
investigate
or
inquire
into
misconduct
or
unprofessional
be
-
7
havior
and
to
recommend
that
the
board
take
such
action
with
respect
8
thereto
as
it
deems
best
in
the
interest
of
the
public
and
justice,
and
9
to
obtain
the
assistance
of
staff
and
legal
counsel
hired
by
the
board
of
10
medicine
to
administer,
process
and
assist
in
its
work.
1
1
(b)
(a)
To
recommend
that
the
board
initiate,
for
good
cause,
proceed
-
12
ings
under
the
disabled
physician
and
physician
assistant
act
for
any
13
licensed
physician
or
physician
assistant
incapacitated
by
illness,
14
senility,
disability,
or
addiction
to
drugs,
intoxicants
or
other
chem
-
15
ical
or
like
substances.
16
(c)
(b)
To
recommend
that
the
board
provide
by
order
for
reciprocal
17
discipline
in
cases
involving
the
discipline
of
a
licensed
physician
18
or
physician
assistant
disciplined
in
any
other
jurisdiction,
provided
19
that
such
licensee
or
applicant
shall
be
entitled
to
appear
and
show
20
cause
why
such
order
should
not
apply
in
his
or
her
case.
21
(7)
Openness.
All
formal
hearings
under
the
board's
direction
and
con
-
22
trol
shall
be
open
to
the
public.
Formal
dispositions
or
other
formal
ac
-
23
tions
taken
by
the
board
under
sections
54
-
1806
and
54
-
1806A,
Idaho
Code,
24
also
shall
be
public.
Proceedings,
studies
and
investigations
which
do
not
25
result
in
formal
hearings,
formal
dispositions
or
other
formal
actions
by
26
the
board
shall
be
conducted
in
private
and
shall
remain
confidential.
27
(8)
Voluntary
Restriction
of
Licensure.
A
physician
may
request
in
28
writing
to
the
board
a
restriction
of
his
license
to
practice
medicine
and
29
the
board
is
authorized
to
grant
such
request
and,
if
it
deems
it
appropriate
30
to
do
so,
to
attach
conditions
to
the
licensure
of
the
physician
to
practice
31
medicine.
The
board
is
also
authorized
in
such
cases
thereafter
to
waive
32
the
commencement
of
proceedings
under
this
act
or
other
provisions
of
the
33
medical
practice
act
if
in
the
interest
of
justice
it
determines
that
such
34
voluntary
restrictions
have
rendered
the
same
unnecessary.
Removal
of
a
35
voluntary
restriction
on
or
suspension
of
licensure
to
practice
medicine
36
shall
be
subject
to
the
procedures
for
reinstatement
elsewhere
in
this
act
37
or
by
rule
of
the
board;
provided
also,
such
reinstatements
may
be
subject
to
38
further
conditions
specially
imposed
in
the
individual
case
as
a
condition
39
of
the
order
entered
therein.
40
(9)
Adjudication
of
Discipline
or
Exoneration.
The
board
shall
make
a
41
determination
of
the
merits
of
all
proceedings,
studies
and
investigations
42
and,
if
grounds
therefor
are
found
to
exist,
may
issue
its
order:
43
(a)
Revoking
the
respondent
physician's
or
physician
assistant's
li
-
44
cense
to
practice
medicine;
45
(b)
Suspending
or
restricting
the
respondent
physician's
or
physician
46
assistant's
license
to
practice
medicine;
47
(c)
Imposing
conditions
or
probation
upon
the
respondent
physician
or
48
physician
assistant's
license,
including
requiring
rehabilitation
or
49
remediation;
50

18
(d)
Issuing
a
public
reprimand;
1
(e)
Imposing
an
administrative
fine
not
to
exceed
ten
thousand
dollars
2
($10,000)
for
each
count
or
offense;
and/or
3
(f)
Assessing
costs
and
attorney's
fees
against
the
respondent
physi
-
4
cian
for
any
investigation
and/or
administrative
proceeding.
5
Every
person
subject
to
disciplinary
proceedings
shall
be
afforded
an
op
-
6
portunity
for
hearing
after
reasonable
notice,
and
all
investigations,
7
proceedings,
and
hearings
conducted
pursuant
to
this
act
shall
be
conducted
8
in
accordance
with
the
administrative
procedure
act,
chapter
52,
title
67,
9
Idaho
Code,
and
any
rules
adopted
by
the
board
pursuant
thereto.
10
(10)
(6)
Temporary
Suspension
or
Restriction
Pending
Final
Order.
The
1
1
board
may
temporarily
suspend
or
restrict
the
license
of
any
physician
or
12
physician
assistant
on
its
own
motion
or
on
verified
petition
of
any
person,
13
pending
further
or
final
order,
without
prior
hearing,
simultaneously
with
14
or
at
any
time
after
the
institution
of
proceedings
under
this
chapter,
if
15
it
finds,
that
the
physician
or
physician
assistant,
for
reasons
set
forth
16
by
petition,
affidavit,
or
other
verified
showing,
or
determined
in
reliance
17
upon
other
reliable
proof,
is
causing
great
harm
to
the
public
or
to
any
pa
-
18
tient
or
group
of
patients,
or
is
imminently
likely
to
cause
such
harm,
for
19
which
reason
he
or
she
and
his
or
her
license
to
practice
medicine
should
be
20
immediately
suspended
or
restricted
or
he
or
she
should
be
specially
con
-
21
trolled,
suspended
in
or
restricted
from
the
practice
of
medicine.
There
-
22
after
the
physician
or
physician
assistant
may,
for
good
cause,
request
dis
-
23
solution
or
amendment
of
any
such
temporary
order
by
petition
filed
with
the
24
board,
which
petition
shall
be
set
for
prompt
hearing
before
a
designated
25
hearing
officer,
which
officer
shall
forthwith
hear
said
matter
and
report
26
to
the
board
his
report
and
recommendations.
The
board,
consistent
with
due
27
process
and
the
administrative
procedure
act,
chapter
52,
title
67,
Idaho
28
Code,
shall
rule
on
such
petition
for
dissolution
or
amendment
with
the
least
29
amount
of
delay
reasonably
possible.
30
(11)
Judicial
Review.
All
final
decisions
by
the
board
shall
be
subject
31
to
judicial
review
pursuant
to
the
administrative
procedure
act,
chapter
52,
32
title
67,
Idaho
Code.
33
(12)
(7)
Protected
Action
and
Communication.
There
shall
be
no
liabil
-
34
ity
on
the
part
of
and
no
action
for
damages
against:
35
(a)
Any
member
of
the
board,
the
committee
on
professional
discipline
36
or
the
staff
or
officials
thereof
for
any
action
undertaken
or
performed
37
within
the
scope
of
the
functions
of
the
board
or
the
committee
under
38
this
chapter
when
acting
in
good
faith
and
in
the
reasonable
belief
that
39
such
action
is
warranted;
or
40
(b)
Any
person
providing
information
or
testimony
to
the
board,
the
41
committee,
or
their
staff
or
officials
in
good
faith
and
in
the
reason
-
42
able
belief
that
such
information
is
accurate.
43
SECTION
11.
That
Section
54
-
2206,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
54
-
2206.
POWERS
AND
DUTIES
OF
THE
BOARD.
The
board
shall
have
the
au
-
46
thority
to
administer,
coordinate
and
enforce
the
provisions
of
this
chap
-
47
ter.
Such
authority
shall
include,
but
not
be
limited
to,
the
power
to:
48

19
(1)
Evaluate
the
qualifications
of
applicants
for
licensure,
approve
1
and
administer
examinations
to
test
the
knowledge
and
proficiency
of
appli
-
2
cants
for
licensure,
and
approve
or
deny
the
registration
and
issuance
and
3
renewal
of
licenses
and
permits;
4
(2)
Authorize
all
disbursements
necessary
to
carry
out
the
provisions
5
of
this
chapter;
6
(3)
(2)
Promulgate
rules
not
inconsistent
with
the
laws
of
this
state
7
which
are
necessary
to
carry
out
the
provisions
of
this
chapter;
8
(4)
(3)
Adopt
rules
providing
for
continuing
education;
and
9
(5)
Obtain
restraining
orders
and
injunctions
prohibiting
conduct
in
10
violation
of
the
provisions
of
this
chapter,
conduct
investigations,
issue
1
1
subpoenas,
and
examine
witnesses
and
administer
oaths,
concerning
practices
12
which
are
alleged
to
violate
the
provisions
of
this
chapter;
13
(6)
Suspend
or
revoke
or
otherwise
sanction
licensees
in
the
manner
14
provided
in
this
chapter,
or
place
a
person
holding
a
license
under
this
15
chapter
on
probation;
16
(7)
Require
as
a
condition
of
receiving
or
retaining
a
license
issued
17
under
this
chapter
that
restitution
be
paid
to
a
consumer;
18
(8)
(4)
Require
the
inspection
of
testing
equipment
and
facilities
of
19
persons
engaging
in
any
practice
pursuant
to
this
chapter
;
.
20
(9)
As
the
board
deems
reasonable,
take
notice
of
and
give
effect
to
21
prior
licenses
issued
to
physical
therapists
and
physical
therapist
assis
-
22
tants
in
the
state
of
Idaho
by
the
state
board
of
medicine
and
such
other
ac
-
23
tions,
proceedings,
orders
or
decisions
of
the
state
board
of
medicine
in
-
24
volving
complaints,
investigations,
discipline
or
other
matters
concerning
25
physical
therapists
or
physical
therapist
assistants;
and
26
(10)
Authorize,
by
written
agreement,
the
division
of
occupational
and
27
professional
licenses
to
act
as
its
agent
in
its
interest.
28
SECTION
12.
That
Section
54
-
2305,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
54
-
2305.
BOARD
OF
PSYCHOLOGIST
EXAMINERS
-
-
POWERS.
The
board
of
psy
-
31
chologist
examiners
shall
have
the
following
powers:
32
(1)
To
pass
upon
the
qualifications
and
fitness
of
applicants
for
li
-
33
censes,
reciprocal
licenses,
certification
and
provisional
certification
34
of
prescriptive
authority;
and,
at
its
option,
to
adopt
and
revise
rules
re
-
35
quiring
applicants
to
pass
examinations
relating
to
their
qualifications
as
36
a
prerequisite
to
the
issuance
of
licenses.
37
(2)
To
adopt
and,
from
time
to
time,
revise
such
rules
in
accordance
38
with
the
provisions
of
chapter
52,
title
67,
Idaho
Code,
and
not
inconsis
-
39
tent
with
the
law
,
subject
to
legislative
approval,
as
may
be
necessary
to
40
carry
into
effect
the
provisions
of
this
chapter.
Such
rules
shall
include,
41
but
need
not
be
limited
to,
a
code
of
ethics
for
psychologists
in
the
state
42
consistent
with
the
current
,
and
as
future
amended,
ethical
standards
for
43
psychologists
of
the
American
psychological
association
and
the
educational
44
and
professional
qualifications
of
applicants
for
licensing
under
this
45
chapter.
46
(3)
To
examine
for,
deny,
approve,
issue,
revoke,
suspend
and
renew
the
47
licenses,
permits,
and
certifications
of
psychologists,
service
extenders,
48

20
and
psychologist
applicants
pursuant
to
this
chapter,
and
to
conduct
hear
-
1
ings
in
connection
therewith.
2
(4)
To
conduct
hearings
review
investigations
upon
complaints
concern
-
3
ing
violations
of
the
provisions
of,
and
the
rules
adopted
pursuant
to,
this
4
chapter
and
cause
the
prosecution
and
enjoinder
of
all
such
violations.
5
(5)
The
board,
or
its
duly
appointed
hearing
officer,
shall
have
the
6
power
in
any
disciplinary
proceeding
under
this
chapter
to
administer
oaths,
7
take
depositions
of
witnesses
within
or
without
the
state
in
the
manner
pro
-
8
vided
by
law
in
civil
cases,
and
may
apply
to
any
district
court
of
this
state
9
for
a
subpoena
to
require
the
attendance
of
such
witnesses
and
the
produc
-
10
tion
of
such
books,
records,
and
papers
as
it
deems
necessary.
The
fees
and
1
1
mileage
of
the
witnesses
shall
be
the
same
as
that
allowed
in
district
courts
12
in
criminal
cases,
which
fees
and
mileage
shall
be
paid
in
the
same
manner
as
13
other
expenses
of
the
board
are
paid.
In
any
case
of
disobedience
to,
or
ne
-
14
glect
of,
any
subpoena
or
subpoena
duces
tecum
served
upon
any
person,
or
the
15
refusal
of
any
witness
to
testify
to
any
matter
regarding
which
he
may
be
law
-
16
fully
interrogated,
it
shall
be
the
duty
of
any
district
court
in
this
state,
17
on
application
by
the
board,
to
compel
compliance
with
the
subpoena
by
pro
-
18
ceedings
for
contempt,
as
in
the
case
of
disobedience
of
the
requirements
of
19
the
subpoena
issued
from
such
court
for
refusal
to
testify
therein.
The
li
-
20
censed
person
accused
in
such
proceedings
shall
have
the
same
right
of
sub
-
21
poena.
22
(6)
Proceedings
before
the
board
and
judicial
review
of
the
action
of
23
the
board
shall
be
governed
by
the
provisions
of
chapter
52,
title
67,
Idaho
24
Code.
25
(7)
To
authorize,
by
written
agreement,
the
division
of
occupational
26
and
professional
licenses
as
agent
to
act
in
its
interest.
27
(8)
(5)
To
adopt
a
rule
requiring
continuing
education
as
a
condition
of
28
continued
licensure
and
certification.
29
(9)
(6)
To
adopt
rules
allowing
for
a
temporary
permit
to
individuals
30
licensed
as
psychologists
in
another
state
authorizing
such
individuals
to
31
practice
psychology
in
Idaho
for
a
period
not
to
exceed
thirty
(30)
days
pur
-
32
suant
to
such
terms
and
requirements
as
set
forth
in
the
rules.
33
(10)
(7)
To
establish
by
rule
an
inactive
license
status.
34
(11)
(8)
To
establish
by
rule
the
standards
and
requirements
for
the
use
35
of
communication
technology
in
the
practice
of
psychology,
including
super
-
36
vision.
37
(12)
(9)
To
establish
by
rule
certification
and
provisional
certi
-
38
fication
of
prescriptive
authority
pursuant
to
sections
54
-
2316
through
39
54
-
2319,
Idaho
Code.
40
(13)
(10)
To
establish
by
rule
a
limited
formulary
or
formularies
for
41
prescribing
use
by
holders
of
certification
and
provisional
certification
42
of
prescriptive
authority.
43
(14)
(11)
To
establish
by
rule
the
permitting
of
service
extenders.
44
SECTION
13.
That
Section
54
-
2412,
Idaho
Code,
be,
and
the
same
is
hereby
45
amended
to
read
as
follows:
46
54
-
2412.
REVOCATION
OR
SUSPENSION
OF
LICENSE
-
-
POWERS
OF
BOARD
-
-
47
PROCEDURES
FOR
DISCIPLINARY
PROCEEDINGS
.
(1)
The
board
shall
have
the
power
48
to
revoke,
suspend,
refuse
to
issue,
refuse
to
renew,
or
otherwise
limit
any
49

21
license
or
certificate
issued
pursuant
to
the
provisions
of
this
chapter
for
1
any
of
the
following:
2
(a)
(1)
Procuring
a
license
or
registration
by
knowingly
making
a
false
3
statement,
submitting
false
information,
or
refusing
to
provide
complete
4
information
in
response
to
a
question
in
an
application
for
licensure
or
5
through
any
form
of
fraud
or
misrepresentation;
6
(b)
(2)
Being
convicted
of
a
felony;
7
(c)
(3)
Misrepresentation
or
fraudulent
representation
in
the
perfor
-
8
mance
of
any
duty,
conduct
or
activity
regulated
under
this
chapter;
9
(d)
(4)
Violating
the
provisions
of
this
chapter
or
any
rules
of
the
10
board
or
any
code
of
conduct
or
ethical
standards
adopted
by
the
board;
1
1
(e)
(5)
Being
negligent
or
incompetent;
or
12
(f)
(6)
Failing
to
provide
appropriate
and
personal
supervision,
if
13
acting
as
the
designated
responsible
charge
operator,
to
any
person
gaining
14
experience
under
the
provisions
of
this
chapter.
15
(2)
The
board
shall
have
the
power
to
administer
oaths,
take
deposi
-
16
tions
of
witnesses
within
or
without
the
state
in
the
manner
provided
by
law
17
in
civil
cases,
and,
within
the
state
of
Idaho,
to
require
the
attendance
of
18
such
witnesses
and
the
production
of
such
books,
records
and
papers
as
it
may
19
desire,
relevant
to
any
hearing
before
it
of
any
matter
it
has
authority
to
20
investigate,
and
for
that
purpose
the
board
may
issue
a
subpoena
for
any
wit
-
21
ness
or
a
subpoena
duces
tecum
to
compel
the
production
of
books,
records
or
22
papers
directed
to
the
sheriff
of
any
county
of
the
state
of
Idaho
where
such
23
witness
resides
or
may
be
found,
which
subpoena
shall
be
served
and
returned
24
in
the
same
manner
as
a
subpoena
in
a
criminal
case.
25
(3)
The
procedures
for
disciplinary
proceedings
shall
be
in
compliance
26
with
the
Idaho
administrative
procedure
act,
the
Idaho
rules
of
administra
-
27
tive
procedure,
and
the
division
of
occupational
and
professional
licenses.
28
SECTION
14.
That
Section
54
-
2607,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
54
-
2607.
ADMINISTRATOR
OF
THE
DIVISION
OF
OCCUPATIONAL
AND
PROFES
-
31
SIONAL
LICENSES
-
-
POWERS
AND
DUTIES.
(1)
The
administrator
shall
exercise
32
such
powers
and
duties
as
are
reasonably
necessary
to
enforce
the
minimum
33
standards
provided
in
this
chapter,
and
he
may
among
other
things:
34
(a)
Prescribe
and
establish
procedures
to
effectuate
the
efficient
en
-
35
forcement
of
this
chapter
not
herein
prescribed
.
;
36
(b)
Serve
as
secretary
to
the
Idaho
plumbing
board.
37
(c)
(b)
Appoint
licensed
staff
inspectors
who
shall
be
authorized
to
38
enter
and
inspect
by
and
through
a
properly
identified
person,
at
rea
-
39
sonable
hours,
plumbing
and
plumbing
systems
.
;
and
40
(d)
(c)
Make
plumbing
inspections
for
another
state
or
local
jurisdic
-
41
tion
upon
request
by
an
appropriate
building
official.
Such
inspec
-
42
tions
shall
be
made
in
accordance
with
the
applicable
plumbing
codes
of
43
the
requesting
jurisdiction.
Fees
charged
for
such
inspection
services
44
shall
be
as
provided
in
the
rules
promulgated
by
the
board.
45
(e)
Summon
witnesses
to
appear
and
testify
before
him
on
any
matter
46
within
the
provisions
of
this
chapter.
No
person
shall
be
required
to
47
testify
outside
the
county
wherein
he
resides
or
where
his
principal
48
place
of
business
is
located.
Such
summons
to
testify
shall
be
issued
49

22
and
served
in
like
manner
as
a
subpoena
to
witness
issued
from
the
dis
-
1
trict
court
or
in
other
manner
consistent
with
the
procedure
of
the
2
division
of
occupational
and
professional
licenses.
In
case
any
wit
-
3
ness
shall
fail
or
refuse
to
appear
and
testify
upon
being
summoned
as
4
herein
provided,
the
clerk
of
the
district
court
of
the
county
shall,
5
upon
demand
by
the
administrator
or
his
designated
agent,
issue
a
sub
-
6
poena
reciting
the
demand
therefor
and
summoning
the
witness
to
appear
7
and
testify
at
a
time
and
place
fixed.
Violation
of
such
subpoena
or
8
disobedience
thereto
shall
be
deemed
and
punished
as
a
violation
of
any
9
other
subpoena
issued
from
the
district
court.
10
(f)
Administer
oaths
and
take
affirmations
of
witnesses
appearing
be
-
1
1
fore
him
and
have
the
power
to
appoint
competent
persons
to
issue
sub
-
12
poenas,
administer
oaths
and
take
testimony.
13
(g)
Impose
civil
penalties
as
provided
in
this
chapter
and
the
rules
of
14
the
Idaho
plumbing
board.
15
(h)
In
addition
to
any
other
penalties
specified
in
this
chapter,
when
-
16
ever
any
person
violates
the
provisions
of
this
chapter
and
the
rules
of
17
the
Idaho
plumbing
board,
the
administrator
may
maintain
an
action
in
18
the
name
of
the
state
of
Idaho
to
enjoin
that
person
from
any
further
vi
-
19
olations.
Such
action
may
be
brought
either
in
the
county
in
which
the
20
acts
are
claimed
to
have
been
or
are
being
committed,
or
in
the
county
21
where
the
defendant
resides,
or
in
Ada
county.
22
(i)
Upon
the
filing
of
a
certified
complaint
in
the
district
23
court,
the
court,
if
satisfied
that
the
acts
complained
of
have
24
been,
probably
are
being,
or
may
be
committed,
may
issue
a
tem
-
25
porary
restraining
order,
or
a
preliminary
injunction,
or
both,
26
without
bond,
enjoining
the
defendant
from
the
commission
of
any
27
such
act
or
acts
constituting
the
violation.
28
(ii)
A
copy
of
the
complaint
shall
be
served
upon
the
defendant
and
29
the
proceedings
shall
thereafter
be
conducted
as
in
other
similar
30
civil
actions.
31
(iii)
If
the
commission
of
the
act
or
acts
is
established,
the
32
court
shall
enter
a
decree
permanently
enjoining
the
defendant
33
from
committing
such
act
or
acts.
If
an
injunction
issued
under
34
the
provisions
of
this
section
is
violated,
the
court,
or
the
judge
35
thereof
at
chambers,
may
summarily
try
and
punish
the
offender
for
36
contempt
of
court.
37
(2)
It
shall
be
the
duty
of
the
administrator
to
give
notice
to
cities
38
that
supply
sewer
service
to
areas
outside
their
city
limits
and
who
have
39
requested
in
writing
such
notice
from
the
administrator
of
all
permits
is
-
40
sued
relative
to
sewer
installations.
The
notice
shall
be
given
within
ten
41
(10)
days
from
the
date
the
permit
was
requested
for
such
installation.
The
42
notice
shall
contain
a
map
of
the
physical
location
of
the
installation
and
43
reference
to
the
date
of
inspection
if
the
city
so
requests.
44
SECTION
15.
That
Section
54
-
2808,
Idaho
Code,
be,
and
the
same
is
hereby
45
amended
to
read
as
follows:
46
54
-
2808.
POWERS
AND
DUTIES
OF
BOARD.
(1)
The
board
shall
have
the
power
47
to
adopt
and
amend
rules
including,
but
not
limited
to,
a
code
of
ethics
and
48
standards
of
conduct
which
may
be
reasonably
necessary
for
the
proper
per
-
49

23
formance
of
its
duties
and
the
administration
of
this
chapter
and
the
regu
-
1
lation
of
proceedings
before
the
board.
It
shall
adopt
and
have
an
official
2
seal.
It
shall
have
power
to
provide
an
office,
office
equipment
and
facili
-
3
ties
and
such
books
and
records
as
may
be
reasonably
necessary
for
the
proper
4
performance
of
its
duties.
The
board
may,
by
written
agreement,
authorize
5
the
division
of
occupational
and
professional
licenses
as
agent
to
act
in
its
6
interest.
7
(2)
The
board
is
authorized
to
enter
into
mutual
aid
agreements,
inter
-
8
state
compacts,
contracts
or
agreements
to
facilitate
the
practice
and
regu
-
9
lation
of
geology
in
this
state.
10
(3)
In
carrying
into
effect
the
provisions
of
this
chapter,
the
board,
1
1
under
the
hand
of
its
chairman
and
the
seal
of
the
board,
may
request
the
at
-
12
tendance
of
witnesses
and
the
production
of
such
books,
records
and
papers
as
13
may
be
required
at
any
hearing
before
it,
and
for
the
purpose
of
disciplinary
14
matters
pursuant
to
this
chapter
the
board
may
request
a
district
court
to
15
issue
a
subpoena
for
any
witness
or
a
subpoena
duces
tecum
to
compel
the
pro
-
16
duction
of
any
books,
records
or
papers.
Subpoenas
shall
be
directed
to
the
17
sheriff
of
any
county
in
the
state
of
Idaho
where
such
witness
resides
or
may
18
be
found.
Subpoenas
shall
be
served
and
returned
in
the
same
manner
as
sub
-
19
poenas
in
a
criminal
case.
The
fees
and
mileage
of
the
sheriff
and
witnesses
20
shall
be
the
same
as
that
allowed
in
district
court
criminal
cases,
which
21
fees
and
mileage
shall
be
paid
from
any
funds
in
the
state
treasury
available
22
therefor
in
the
same
manner
as
other
expenses
of
the
board
are
paid.
Dis
-
23
obedience
of
any
subpoena
issued
by
the
district
court
or
the
refusal
by
any
24
witness
in
failing
to
testify
concerning
any
matter
regarding
which
he
may
25
lawfully
be
interrogated,
or
the
failure
to
produce
any
books,
records
or
pa
-
26
pers,
shall
constitute
a
contempt
of
the
district
court
of
any
county
where
27
such
disobedience
or
refusal
occurs,
and
said
court,
or
any
judge
thereof,
by
28
proceedings
for
contempt
in
said
court,
may,
if
such
contempt
be
found,
pun
-
29
ish
said
witness
as
in
any
other
case
of
disobedience
of
a
subpoena
issued
30
from
such
court
or
refusal
to
testify
therein.
31
(4)
The
board
is
hereby
authorized
in
the
name
of
the
state
to
apply
for
32
relief
by
injunction
in
the
established
manner
provided
in
cases
of
civil
33
procedure,
without
bond,
to
enforce
the
provisions
of
this
chapter
or
to
re
-
34
strain
any
violation
thereof.
35
SECTION
16.
That
Section
54
-
2819,
Idaho
Code,
be,
and
the
same
is
hereby
36
amended
to
read
as
follows:
37
54
-
2819.
DISCIPLINE.
(1)
Grounds
for
discipline.
The
board
shall
have
38
the
power
to
deny
any
application
for
or
renewal
of
a
certificate
of
regis
-
39
tration
or
to
revoke,
suspend
or
otherwise
discipline
any
registrant
or
reg
-
40
istration
issued
pursuant
to
this
chapter
and
to
limit
or
restrict
the
prac
-
41
tice
of
any
registrant
upon
a
determination
by
the
board
that
the
person
take
42
disciplinary
action
upon
a
determination
that
an
individual
:
43
(a)
(1)
Made,
or
caused
to
be
made,
a
false,
fraudulent
or
forged
state
-
44
ment,
document,
credentials
or
representation
in
procuring
or
attempting
to
45
procure
a
certificate
of
registration
to
practice
geology;
46
(b)
(2)
Practiced
geology
under
a
false
or
assumed
name;
47

24
(c)
(3)
Was
convicted,
found
guilty,
received
a
withheld
judgment
or
1
suspended
sentence
in
this
or
any
other
state
of
action
constituting
a
crime
2
that
is
deemed
relevant
in
accordance
with
section
67
-
9411(1),
Idaho
Code;
3
(d)
(4)
Violated
the
provisions
of
this
chapter
or
rules,
standards
of
4
conduct
and
practice,
or
any
ethical
codes
as
may
be
adopted
by
the
board;
5
(e)
(5)
Is
or
has
been
grossly
negligent,
incompetent,
or
reckless
in
6
the
practice
of
geology;
or
7
(f)
(6)
Has
had
a
license,
certificate,
or
registration
to
practice
as
8
a
professional
geologist
suspended
or
revoked
in
any
jurisdiction.
A
certi
-
9
fied
copy
of
the
order
of
suspension
or
revocation
shall
be
prima
facie
evi
-
10
dence
of
such
suspension
or
revocation.
1
1
(2)
Proceedings.
Every
person
subject
to
disciplinary
proceedings
12
shall
be
afforded
an
opportunity
for
hearing
after
reasonable
notice.
13
(a)
All
proceedings
hereunder
shall
be
in
accordance
with
chapter
52,
14
title
67,
Idaho
Code,
and
the
Idaho
rules
of
administrative
procedure,
15
as
provided
in
section
67
-
5206,
Idaho
Code.
16
(b)
Hearings
shall
be
conducted
by
the
board
or
by
persons
appointed
by
17
the
board
to
conduct
hearings
and
receive
evidence.
18
(3)
Probation.
Any
order
of
the
board
entered
under
this
section
may
be
19
withheld
or
suspended
for
a
probationary
period
to
be
fixed
by
the
board
on
20
such
terms
and
conditions
as
may
be
appropriate
in
order
to
regulate,
monitor
21
or
supervise
the
practice
of
geology
by
the
registrant
subject
to
such
order
22
for
the
prescribed
probationary
period.
23
(4)
Subsequent
review.
Any
order
of
the
board
entered
under
this
sec
-
24
tion
may
be
withdrawn,
reversed,
modified
or
amended
upon
a
showing
by
the
25
person
subject
to
the
order
that
the
grounds
for
discipline
no
longer
ex
-
26
ist
or
that
he
is
rehabilitated,
qualified
and
competent
to
practice
profes
-
27
sional
geology
and
that
he
is
not
likely
to
violate
the
provisions
of
this
28
section
or
rules
adopted
hereunder
in
the
future.
29
(5)
Costs
and
fees.
The
board
may,
pursuant
to
an
order
of
discipline
30
or
as
a
condition
to
withdrawal,
reversal,
modification
or
amendment
of
the
31
order,
require
the
person
to
pay
all
or
part
of
the
costs
and
fees
incurred
by
32
the
board
in
proceedings
upon
which
the
order
was
entered.
33
(6)
Administrative
fines.
The
board
may,
pursuant
to
an
order
of
disci
-
34
pline,
require
the
payment
of
an
administrative
fine
not
to
exceed
one
thou
-
35
sand
dollars
($1,000)
for
each
violation
of
the
provisions
of
this
section
or
36
rules
adopted
hereunder.
37
SECTION
17.
That
Section
54
-
2910,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
54
-
2910.
POWERS
AND
DUTIES
OF
THE
BOARD.
The
board
shall
have
the
au
-
40
thority
to
administer,
coordinate
and
enforce
the
provisions
of
this
chapter
41
including,
but
not
limited
to:
42
(1)
Evaluate
the
qualifications
of
applicants
for
licensure,
approve
43
and
administer
examinations
to
test
the
knowledge
and
proficiency
of
appli
-
44
cants
for
licensure,
and
approve
or
deny
the
registration
and
issuance
and
45
renewal
of
licenses
and
permits;
46
(2)
Authorize
all
disbursements
necessary
to
carry
out
the
provisions
47
of
this
chapter;
48

25
(3)
(2)
Promulgate
rules
not
inconsistent
with
the
laws
of
this
state
1
which
are
necessary
to
carry
out
the
provisions
of
this
chapter
including,
2
but
not
limited
to,
ethical
standards
of
practice;
3
(4)
(3)
Adopt
rules
allowing
for
continuing
education;
and
4
(5)
Obtain
restraining
orders
and
injunctions
prohibiting
conduct
in
5
violation
of
the
provisions
of
this
chapter,
conduct
investigations,
issue
6
subpoenas,
examine
witnesses
and
administer
oaths,
concerning
practices
7
which
are
alleged
to
violate
the
provisions
of
this
chapter;
8
(6)
Suspend
or
revoke
or
otherwise
sanction
licenses
in
the
manner
pro
-
9
vided
in
this
chapter,
or
place
a
person
holding
a
license
under
this
chapter
10
on
probation;
1
1
(7)
Require
as
a
condition
of
receiving
or
retaining
a
license
issued
12
under
this
chapter
that
restitution
be
paid
to
a
consumer;
13
(8)
(4)
Require
the
inspection
of
testing
equipment
and
facilities
of
14
persons
engaging
in
any
practice
pursuant
to
this
chapter
;
and
.
15
(9)
Authorize,
by
written
agreement,
the
division
of
occupational
and
16
professional
licenses
to
act
as
its
agent
in
its
interest.
17
SECTION
18.
That
Section
54
-
3003,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
54
-
3003.
QUALIFICATIONS
-
-
EXAMINATIONS
-
-
BOARD
-
-
LICENSES
-
-
FEES
20
-
-
ENDORSEMENT
-
-
EXEMPTIONS
-
-
INDIVIDUALS,
PARTNERSHIPS
AND
CORPORATIONS
21
-
-
RESTRICTION
ON
USE
OF
NAME
-
-
SEAL.
(1)
Application
and
practice.
In
or
-
22
der
to
safeguard
human
health
and
property,
and
to
promote
the
public
wel
-
23
fare,
any
person
in
either
public
or
private
capacity
practicing
or
offer
-
24
ing
to
practice
landscape
architecture
shall
be
required
to
submit
evidence
25
of
qualifications
to
practice
and
shall
be
issued
a
license
under
the
provi
-
26
sions
of
this
chapter.
27
(2)
Qualifications.
For
licensure
as
a
landscape
architect,
evidence
28
must
be
submitted
to
the
board
that
the
applicant:
29
(a)
Is
eighteen
(18)
years
of
age
or
older;
30
(b)
Has
graduated
from
a
college
or
school
of
landscape
architecture
31
approved
by
the
board.
In
lieu
of
graduation
from
an
approved
college
32
or
school
of
landscape
architecture,
an
applicant
may
present
evidence
33
of
at
least
eight
(8)
years
of
actual,
practical
experience
or
education
34
in
landscape
architecture
of
a
grade
and
character
satisfactory
to
the
35
board,
as
established
by
rule,
that
the
applicant
is
competent
to
prac
-
36
tice
landscape
architecture;
and
37
(c)
Has
successfully
passed
an
examination
approved
by
the
board.
38
(3)
Examinations.
The
board
shall
adopt
rules
covering
the
subjects
39
and
scope
of
the
examinations.
Every
applicant
for
license
as
a
landscape
40
architect
shall
be
required,
in
addition
to
all
other
requirements,
to
es
-
41
tablish
by
written
examination
his
competency
to
plan,
design,
specify
and
42
supervise
the
installation
and
construction
of
landscape
architectural
43
projects.
Each
written
examination
may
be
supplemented
by
such
oral
exami
-
44
nations
as
the
board
may
determine.
45
(4)
Board
powers.
The
board
shall
have,
in
addition
to
the
powers
set
46
forth
elsewhere
in
this
chapter,
the
following
powers
and
duties:
47

26
(a)
To
authorize,
by
written
agreement,
the
division
of
occupational
1
and
professional
licenses
to
act
as
agent
in
its
interest
and
to
make
2
such
rules
as
shall
be
necessary
in
the
performance
of
its
duties;
3
(b)
(a)
To
adopt
rules
of
professional
responsibility;
and
4
(c)
(b)
To
adopt
rules
requiring
the
completion
of
continuing
education
5
by
each
licensee
on
a
biennial
basis;
6
(d)
The
board,
or
its
duly
appointed
hearing
officer,
shall
have
the
7
power
in
any
disciplinary
proceeding
against
a
licensee
under
this
8
chapter
to
administer
oaths,
take
depositions
of
witnesses
within
or
9
outside
of
the
state
in
the
manner
provided
by
law
in
civil
cases,
and
to
10
apply
to
any
district
court
of
this
state
for
a
subpoena
to
require
the
1
1
attendance
of
such
witnesses
and
the
production
of
such
books,
records
12
and
papers
as
the
board
deems
necessary
in
a
disciplinary
proceeding
13
against
a
licensee.
The
fees
and
mileage
of
the
witnesses
shall
be
the
14
same
as
that
allowed
in
the
district
courts
in
criminal
cases,
which
15
fees
and
mileage
shall
be
paid
in
the
same
manner
as
other
board
ex
-
16
penses.
In
any
case
of
disobedience
to,
or
neglect
of,
any
subpoena
or
17
subpoena
duces
tecum
served
upon
any
person,
or
refusal
of
any
witness
18
to
testify
to
any
matter
about
which
he
may
lawfully
be
interrogated,
it
19
shall
be
the
duty
of
any
district
court
in
this
state
on
application
by
20
the
board
to
compel
compliance
with
the
subpoena
by
conducting
proceed
-
21
ings
for
contempt,
as
in
the
case
of
disobedience
of
the
requirements
of
22
a
subpoena
issued
from
such
court
or
for
refusal
to
testify
therein.
The
23
licensed
person
accused
in
such
proceedings
shall
have
the
same
right
of
24
subpoena.
25
(5)
Renewal
and
reinstatement
-
-
revenue.
26
(a)
All
licenses
issued
under
the
provisions
of
this
chapter
shall
be
27
subject
to
biennial
renewal
and
shall
expire
unless
renewed
in
the
man
-
28
ner
prescribed
by
the
board
regarding
applications
for
renewal,
contin
-
29
uing
education,
and
fees.
License
renewal
and
reinstatement
shall
be
in
30
accordance
with
section
67
-
2614,
Idaho
Code.
31
(b)
(5)
Amounts
Fees
.
The
amount
of
fees
shall
be
as
determined
by
the
32
board
within
the
following
stated
limits:
33
(i)
(a)
The
application
fee
not
to
exceed
two
hundred
dollars
($200).
34
(ii)
The
fee
for
examination
to
be
established
by
board
rule
not
to
35
exceed
that
charged
by
the
council
of
landscape
architectural
regis
-
36
tration
boards
plus
a
fifty
-
dollar
($50.00)
processing
fee.
The
board
37
may
recover
the
actual
costs
associated
with
an
applicant's
review
of
a
38
failed
examination.
39
(iii)
(b)
The
fee
for
an
original
license
and
the
biennial
renewal
li
-
40
cense
fee
not
to
exceed
four
hundred
dollars
($400).
41
(c)
The
fee
for
reinstatement
of
a
license
as
provided
in
section
42
67
-
2614,
Idaho
Code.
43
(c)
Refund.
Fees
shall
be
nonrefundable.
44
(d)
Deposit.
All
fees
received
under
the
provisions
of
this
chapter
45
shall
be
deposited
in
the
state
treasury
to
the
credit
of
the
occupa
-
46
tional
licenses
fund,
and
all
costs
and
expenses
incurred
by
the
board
47
under
the
provisions
of
this
chapter
shall
be
a
charge
against
and
paid
48
from
said
fund
for
such
purposes,
and
the
funds
collected
hereunder
49
shall
be
immediately
available
for
the
administration
of
this
chapter,
50

27
the
provisions
of
any
other
law
notwithstanding.
In
no
instance
will
1
the
occupational
licenses
fund
be
obligated
to
pay
any
claims
that
in
2
aggregate
with
claims
already
paid
exceed
the
income
to
the
occupa
-
3
tional
licenses
fund,
which
has
been
derived
by
the
application
of
this
4
chapter.
5
(e)
Appropriation.
The
money
paid
into
the
occupational
licenses
fund
6
is
continuously
appropriated
to
the
board
for
expenditure
in
the
manner
7
prescribed
herein
to
defray
the
expenses
of
the
board
and
in
carrying
8
out
and
enforcing
the
provisions
of
this
chapter.
9
(6)
Endorsement
provisions.
The
board
may
approve
for
licensure:
10
(a)
An
individual
with
a
current
council
of
landscape
architectural
1
1
registration
boards
(CLARB)
certification;
or
12
(b)
With
limited
examination,
an
applicant
who
is
legally
registered
13
or
licensed
as
a
landscape
architect
in
any
other
state
or
country
whose
14
requirements
for
registration
or
licensure
are
at
least
substantially
15
equivalent
to
the
requirements
of
this
state.
16
(7)
Exemptions.
17
(a)
None
of
the
provisions
of
this
chapter
shall
prevent
employees
of
18
those
lawfully
practicing
as
landscape
architects
from
acting
under
the
19
instruction,
control
or
supervision
of
their
employers.
20
(b)
None
of
the
provisions
of
this
chapter
shall
apply
to
the
busi
-
21
ness
conducted
in
this
state
by
any
land
use
planner,
horticulturist,
22
nurseryman,
or
landscape
nurseryman,
gardener,
landscape
gardener,
23
landscape
designer,
or
landscape
contractor,
as
these
terms
are
gen
-
24
erally
used,
or
any
other
person,
including,
but
not
limited
to,
their
25
right
to
plan
and
supervise
in
connection
therewith,
except
that
no
such
26
person
shall
use
the
designation
"landscape
architect,"
"landscape
ar
-
27
chitecture,"
or
any
description
tending
to
convey
the
impression
that
28
they
are
a
licensed
landscape
architect
unless
they
are
registered
as
29
provided
in
this
chapter.
30
(c)
This
chapter
shall
not
apply
to
architects,
professional
engi
-
31
neers,
geologists,
and
land
surveyors
any
other
professionals
licensed
32
to
practice
their
respective
professions.
33
(8)
This
chapter
applies
to
individuals
only.
34
(a)
All
licenses
shall
be
issued
to
individuals
only,
but
nothing
35
contained
in
this
chapter
shall
prevent
a
duly
licensed
landscape
ar
-
36
chitect
from
rendering
professional
services
for
a
corporation,
firm,
37
partnership
or
association.
38
(b)
Partners.
Each
partner
in
a
partnership
of
landscape
architects
39
shall
be
licensed
to
practice
landscape
architecture
or
to
provide
al
-
40
lied
professional
services
as
defined
in
section
30
-
21
-
901,
Idaho
Code.
41
Subject
to
this
requirement,
a
partnership
of
landscape
architects
may
42
use
a
partnership
name
if
such
name
consists
of:
43
(i)
The
names
of
two
(2)
or
more
landscape
architects;
or
44
(ii)
The
names
of
one
(1)
or
more
landscape
architects
and
one
(1)
45
or
more
professional
engineers
or
architects.
46
(c)
Any
person
applying
to
the
official
of
any
county
or
city
for
a
47
business
license
to
practice
landscape
architecture
shall
at
the
time
48
of
such
application
exhibit
to
such
official
satisfactory
evidence
that
49
such
applicant
possesses
a
current
Idaho
license.
The
business
license
50

28
shall
not
be
granted
until
such
evidence
is
presented,
any
contrary
pro
-
1
vision
of
any
special
act
or
general
act
notwithstanding.
2
(9)
Qualifications
for
practice
-
-
seal.
3
(a)
No
person
shall
use
the
designation
"landscape
architect"
or
"land
-
4
scape
architecture"
or
advertise
any
title
or
description
tending
to
5
convey
the
impression
that
the
person
is
a
landscape
architect,
or
6
practicing
landscape
architecture,
unless
such
person
is
a
licensed
7
landscape
architect.
Every
holder
of
a
license
shall
display
it
in
the
8
principal
office,
place
of
business,
or
place
of
employment.
9
(b)
Every
landscape
architect
shall
have
a
seal
approved
by
the
board
10
that
contains
the
name
of
the
landscape
architect
and
the
words
"Li
-
1
1
censed
Landscape
Architect,
State
of
Idaho,"
and
such
other
words
or
12
figures
as
the
board
may
deem
necessary
and
prescribe.
13
(i)
The
seal
may
be
a
rubber
stamp
or
an
electronically
applied
14
seal.
Whenever
the
seal
is
applied,
the
licensee's
written
sig
-
15
nature
and
the
date
shall
be
adjacent
to
or
across
the
seal.
The
16
seal,
signature
and
date
shall
be
placed
on
all
final
reports,
17
drawings
and
title
pages
of
specifications,
design
information
18
and
calculations.
Whenever
presented
to
a
client
or
to
the
public,
19
such
documents
that
are
not
final
and
do
not
contain
a
seal,
signa
-
20
ture
and
date
shall
be
clearly
marked
as
"preliminary,"
"draft,"
21
"not
for
construction"
or
similar
words
to
distinguish
the
docu
-
22
ments
from
a
finished
product.
23
(ii)
The
application
of
the
licensee's
seal,
signature
and
the
24
date
shall
constitute
certification
that
the
work
thereon
was
pre
-
25
pared
by
such
landscape
architect
or
under
the
supervision
of
such
26
landscape
architect.
Each
plan
or
drawing
sheet
shall
be
sealed
27
and
signed
by
the
licensee
or
the
licensee's
agent
responsible
for
28
each
sheet.
The
principal
landscape
architect
in
charge
shall
29
sign
and
seal
the
title
or
first
sheet.
Copies
of
electronically
30
produced
documents
listed
in
subparagraph
(i)
of
this
paragraph
31
that
are
distributed
for
informational
use,
such
as
for
bidding
32
purposes
or
working
copies,
may
be
issued
with
the
licensee's
33
seal
and
a
notice
that
the
original
document
is
on
file
with
the
34
licensee's
signature
and
date.
The
words
"original
signed
by:"
35
and
"date
signed:"
shall
be
placed
adjacent
to
or
across
the
seal
36
of
the
electronic
original.
The
storage
location
of
the
original
37
documents
shall
also
be
provided.
Only
the
title
page
of
reports,
38
specifications
and
like
documents
need
bear
the
seal
and
signature
39
of
the
licensee
and
the
date.
40
(iii)
Nothing
contained
herein
shall
be
construed
to
permit
a
41
landscape
architect
to
practice
as
a
licensed
architect,
a
li
-
42
censed
professional
engineer
or
a
licensed
land
surveyor
as
these
43
professions
are
defined
by
Idaho
Code;
provided
however,
nothing
44
contained
herein
shall
be
construed
to
prevent
a
landscape
archi
-
45
tect
from
practicing
landscape
architecture.
46
SECTION
19.
That
Section
54
-
3005,
Idaho
Code,
be,
and
the
same
is
hereby
47
amended
to
read
as
follows:
48

29
54
-
3005.
VIOLATIONS
AND
PENALTIES
.
(1)
It
shall
be
a
violation
for
any
1
person
to:
2
(a)
Offer
to
practice
or
represent
oneself
as
entitled
to
practice
3
landscape
architecture,
unless
duly
licensed
under
this
chapter;
4
(b)
Attempt
to
use
the
license
of
another;
5
(c)
Give
false
or
forged
evidence
to
the
board
or
any
member
thereof
in
6
obtaining
a
license;
7
(d)
Falsely
impersonate
any
other
practitioner,
of
like
or
different
8
name;
or
9
(e)
Otherwise
violate
any
of
the
provisions
of
this
chapter.
10
(2)
Such
violation
shall
be
a
misdemeanor.
Each
act
under
this
section
1
1
shall
be
treated
as
a
separate
offense.
12
(2)
Prosecution
of
violations.
All
violations
of
this
chapter
when
re
-
13
ported
to
the
board
and
duly
substantiated
by
affidavits
or
other
satisfac
-
14
tory
evidence
shall
be
investigated
by
the
board,
and
if
the
report
is
found
15
to
be
true
and
the
evidence
substantiated,
the
board
shall
report
such
vio
-
16
lations
to
the
county
attorney
of
the
county
in
which
the
violation
occurred
17
and
request
prompt
prosecution.
18
SECTION
20.
That
Section
54
-
3309,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
54
-
3309.
BOARD
POWERS
AND
DUTIES.
The
board
shall
have
the
following
21
powers
and
duties:
22
(a)
To
determine
the
qualifications
of
persons
applying
for
licenses
23
under
this
chapter;
24
(b)
To
prescribe,
administer
and
determine
examinations
and
a
passing
25
grade
for
licenses
under
this
chapter;
26
(c)
To
collect
and
adjust
fees
and
charges
prescribed
in
this
chapter
to
27
cover
the
operating
expenses
of
the
board
as
may
become
necessary
from
time
28
to
time;
29
(d)
To
issue
licenses
for
the
practice
of
denturitry
under
the
condi
-
30
tions
prescribed
in
this
chapter;
31
(e)
To
revoke
or
suspend
denturists'
licenses
in
the
manner
prescribed
32
by
this
chapter;
33
(f)
To
administer
oaths
and
subpoena
witnesses
for
the
purpose
of
car
-
34
rying
out
the
activities
authorized
under
this
chapter;
35
(g)
(e)
To
make
rules
and
regulations
pursuant
to
chapter
52,
title
67,
36
Idaho
Code,
to
carry
out
the
intents
and
purposes
of
this
chapter;
and
37
(h)
(f)
To
appoint
committees
and
chairpersons
and
to
delegate
respon
-
38
sibilities
to
them
as
the
need
arises
from
time
to
time
;
.
39
(i)
To
authorize,
by
written
agreement,
the
division
of
occupational
40
and
professional
licenses
to
act
as
agent
in
its
interest.
41
SECTION
21.
That
Section
54
-
4007,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
54
-
4007.
POWERS
AND
DUTIES
OF
THE
BOARD.
(1)
The
board
shall
have
the
44
authority
to:
45
(1)
(a)
Determine
the
qualifications
of
persons
applying
for
licensure
46
pursuant
to
this
chapter
and
to
define,
by
rule,
the
appropriate
scope
47

30
of
massage
therapy
in
this
state,
provided
however,
that
the
scope
of
1
practice
may
not
exceed
that
defined
in
section
54
-
4002(7),
Idaho
Code;
2
(2)
Authorize,
by
written
agreement,
the
division
of
occupational
and
3
professional
licenses
as
agent
to
act
in
its
interest;
4
(3)
(b)
Promulgate
such
rules
as
are
necessary
for
the
administration
5
of
this
chapter,
including
standards
of
professional
conduct;
6
(4)
Conduct
investigations
and
hold
hearings
and
compel
the
attendance
7
of
witnesses
and
the
production
of
papers
at
such
investigations
or
hear
-
8
ings;
9
(5)
(c)
Collect
fees
and
other
funds
as
prescribed
by
this
chapter;
10
(6)
(d)
Contract
and
pursue
other
matters
lawful
in
this
state
relating
1
1
to
massage
therapy;
12
(7)
(e)
Provide
such
other
services
and
perform
such
other
functions
as
13
are
necessary
and
desirable
to
fulfill
its
purposes;
14
(8)
(f)
Establish
requirements
for
renewal
of
license
and
approval
of
15
continuing
education
courses
as
set
forth
in
section
67
-
2614,
Idaho
16
Code;
17
(9)
(g)
Establish
rules
for
the
approval
of
massage
therapy
entry
-
level
18
educational
standards
but
must
remain
consistent
with
curriculum
re
-
19
quirements
in
this
chapter,
or
rules
promulgated
pursuant
thereto;
20
(10)
(h)
Establish
requirements
for
a
student
tuition
credit
program;
21
and
22
(11)
(i)
Establish
requirements
for
a
temporary
license
and
provi
-
23
sional
permit.
24
(2)
The
registration
of
massage
schools
shall
remain
with
the
state
25
board
of
education
in
accordance
with
chapter
24,
title
33,
Idaho
Code.
26
SECTION
22.
That
Section
54
-
4107,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
54
-
4107.
DISCIPLINARY
PROCEEDINGS.
(1)
The
board
may
refuse
to
issue,
29
refuse
to
renew
or
may
suspend,
revoke
or
otherwise
sanction
any
license
or
30
certificate
issued
under
this
chapter
for
any
of
the
following:
31
(a)
(1)
Procuring
licensure
or
certification
pursuant
to
this
chapter
32
by
knowingly
making
a
false
statement,
submitting
false
information,
refus
-
33
ing
to
provide
complete
information
in
response
to
a
question
in
an
applica
-
34
tion
for
licensure
or
certification
or
through
any
form
of
fraud
or
misrepre
-
35
sentation;
36
(b)
(2)
Being
convicted
of
a
felony;
37
(c)
(3)
Making
any
substantial
misrepresentation,
false
promises
or
38
false
or
fraudulent
representation;
39
(d)
(4)
Violating
the
provisions
of
this
chapter
or
any
rules
of
the
40
board;
41
(e)
(5)
Being
negligent
or
incompetent
in
developing
an
appraisal,
in
42
preparing
an
appraisal
report
or
in
communicating
an
appraisal;
43
(f)
(6)
Accepting
an
appraisal
assignment
when
the
employment
is
con
-
44
tingent
upon
the
licensed
or
certified
appraiser
reporting
a
predetermined
45
estimate,
analysis
or
opinion,
or
where
the
fee
to
be
paid
is
contingent
upon
46
the
opinion,
conclusion,
or
valuation
reached,
or
upon
the
consequences
re
-
47
sulting
from
the
appraisal
assignment;
48

31
(g)
(7)
Violating
the
confidential
nature
of
governmental
records
to
1
which
he
gained
access
through
employment
as
a
licensed
or
certified
ap
-
2
praiser
by
a
governmental
agency;
3
(h)
(8)
Entering
into
an
agreement
to
perform
specialized
services
for
4
a
contingent
fee
and
failing
to
clearly
state
this
fact
in
each
written
and
5
oral
report;
6
(i)
(9)
Failing
as
a
state
-
licensed
or
certified
real
estate
appraiser
7
to
actively
and
personally
supervise
any
person
not
licensed
or
certified
8
under
the
provisions
of
this
chapter
who
assists
said
state
licensed
or
cer
-
9
tified
appraiser
in
performing
real
estate
appraisals;
10
(j)
(10)
Having
had
a
license
or
certificate
to
practice
revoked,
sus
-
1
1
pended
or
otherwise
sanctioned
by
any
state;
or
12
(k)
(11)
Failing
to
comply
with
a
board
order
entered
in
a
disciplinary
13
matter.
14
(2)
The
board,
or
its
duly
appointed
hearing
officer,
shall
have
the
15
power
in
any
disciplinary
proceeding
under
this
chapter
to
administer
oaths,
16
take
depositions
of
witnesses
within
or
without
the
state
in
the
manner
pro
-
17
vided
by
law
in
civil
cases,
and
may
apply
to
any
district
court
of
this
state
18
for
a
subpoena
to
require
the
attendance
of
such
witnesses
and
the
produc
-
19
tion
of
such
books,
records
and
papers
as
it
deems
necessary.
The
fees
and
20
mileage
of
the
witnesses
shall
be
the
same
as
that
allowed
in
the
district
21
courts
in
civil
cases,
which
fees
and
mileage
shall
be
paid
in
the
same
man
-
22
ner
as
other
expenses
of
the
board
are
paid.
In
any
case
of
disobedience
to,
23
or
neglect
of,
any
subpoena
or
subpoena
duces
tecum
served
upon
any
person,
24
or
the
refusal
of
any
witness
to
testify
to
any
matter
regarding
which
he
may
25
lawfully
be
interrogated,
it
shall
be
the
duty
of
any
district
court
in
this
26
state
on
application
by
the
board
to
compel
compliance
with
the
subpoena
by
27
proceedings
for
contempt,
as
in
the
case
of
disobedience
of
the
requirements
28
of
a
subpoena
issued
from
such
court
or
for
refusal
to
testify
therein.
The
29
state
-
licensed
or
certified
person
accused
in
such
proceedings
shall
have
30
the
same
right
of
subpoena.
31
(3)
Except
as
otherwise
provided
in
this
chapter,
all
proceedings
under
32
this
chapter
shall
be
in
accordance
with
the
administrative
procedure
act,
33
chapter
52,
title
67,
Idaho
Code.
34
SECTION
23.
That
Section
54
-
4311,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
54
-
4311.
SUSPENSION
AND
REVOCATION
OF
LICENSE
OR
PERMIT
-
-
REFUSAL
TO
37
RENEW.
(1)
Subject
to
the
provisions
of
chapter
52,
title
67,
Idaho
Code,
the
38
board
may
deny
a
license
or
permit
or
refuse
to
renew
a
license
or
permit,
may
39
suspend
or
revoke
a
license
or
permit,
or
may
impose
probationary
conditions
40
if
the
holder
of
a
license
or
permit
or
applicant
for
a
license
or
permit
has
41
been
found
guilty
of
conduct
that
has
endangered
or
is
likely
to
endanger
the
42
health,
welfare,
or
safety
of
the
public.
Such
conduct
includes
but
is
not
43
limited
to:
44
(a)
(1)
Obtaining
a
license
or
permit
by
means
of
fraud,
misrepresenta
-
45
tion,
or
concealment
of
material
facts;
46
(b)
(2)
Violating
any
of
the
grounds
for
discipline
set
forth
in
the
47
rules
established
by
the
board;
48

32
(c)
(3)
Being
convicted
of
a
crime
that
would
have
a
direct
and
adverse
1
bearing
on
the
licensee's
or
permit
holder's
ability
to
practice
or
perform
2
respiratory
care
competently;
3
(d)
(4)
The
unauthorized
practice
of
medicine;
4
(e)
(5)
Violating
any
provision
of
this
chapter
or
any
of
the
rules
and
5
regulations
promulgated
by
the
board
under
the
authority
of
this
chapter;
or
6
(f)
(6)
Being
found
mentally
incompetent
by
a
court
of
competent
juris
-
7
diction
or
being
found
mentally
incompetent
or
unfit
by
the
board
to
provide
8
respiratory
care.
9
(2)
A
denial,
refusal
to
renew,
suspension,
revocation,
or
imposition
10
of
probationary
conditions
upon
a
license
or
permit
may
be
ordered
by
the
1
1
board
after
a
hearing
in
the
manner
provided
by
this
chapter
and
the
rules
12
adopted
by
the
board.
13
SECTION
24.
That
Section
54
-
5006,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
54
-
5006.
ADMINISTRATOR
OF
THE
DIVISION
OF
OCCUPATIONAL
AND
PROFES
-
16
SIONAL
LICENSES.
The
administrator
shall
exercise
such
powers
and
duties
as
17
are
reasonably
necessary
to
enforce
standards
provided
in
this
chapter,
and
18
he
may,
among
other
things:
19
(1)
Serve
as
secretary
to
the
Idaho
heating,
ventilation
and
air
condi
-
20
tioning
board.
21
(2)
(1)
Appoint
state
mechanical
inspectors
who
shall
be
authorized
to
22
enter
and
inspect
by
and
through
a
properly
identified
person,
at
reasonable
23
hours,
heating,
ventilation
and
air
conditioning
systems.
24
(3)
(2)
Make
HVAC
inspections
for
another
state
or
local
jurisdiction
25
upon
request
by
an
appropriate
building
official.
Such
inspections
shall
be
26
made
in
accordance
with
the
applicable
HVAC
codes
of
the
requesting
juris
-
27
diction.
Fees
charged
for
such
inspection
services
shall
be
as
provided
in
28
the
rules
promulgated
by
the
board.
29
(4)
(3)
Notwithstanding
the
exception
provided
in
section
30
54
-
5002(1)(e),
Idaho
Code,
the
administrator
may
make
inspections
of
31
modular
buildings
constructed
in
Idaho
upon
written
request
from
the
32
manufacturer.
Such
inspections
shall
be
made
in
accordance
with
the
codes
33
adopted
in
this
chapter.
Inspection
fees
for
such
inspections
shall
be
as
34
provided
in
section
39
-
4303,
Idaho
Code.
The
administrator
may
issue
an
in
-
35
signia
of
approval
if
the
buildings
are
in
compliance
with
the
requirements
36
set
forth
in
chapter
43,
title
39,
Idaho
Code.
37
(5)
Summon
witnesses
to
appear
and
testify
before
him
on
any
matter
38
within
the
provisions
of
this
chapter.
No
person
shall
be
required
to
tes
-
39
tify
outside
the
county
wherein
he
resides
or
where
his
principal
place
of
40
business
is
located.
Such
summons
to
testify
shall
be
issued
and
served
in
41
like
manner
as
a
subpoena
to
witness
issued
from
the
district
court,
or
in
42
other
manner
consistent
with
procedure
of
the
division
of
occupational
and
43
professional
licenses.
In
case
any
witness
shall
fail
or
refuse
to
appear
44
and
testify
upon
being
summoned
as
herein
provided,
the
clerk
of
the
district
45
court
of
the
county
shall,
upon
demand
by
said
administrator
or
his
desig
-
46
nated
agent,
issue
a
subpoena
reciting
the
demand
therefor
and
summoning
the
47
witness
to
appear
and
testify
at
a
time
and
place
fixed.
Violation
of
such
48

33
subpoena
or
disobedience
thereto
shall
be
deemed
and
punished
as
a
violation
1
of
any
other
subpoena
issued
from
the
district
court.
2
(6)
Administer
oaths
and
take
affirmations
of
witnesses
appearing
be
-
3
fore
him
or
a
duly
appointed
hearing
officer;
and
have
the
power
to
appoint
4
competent
persons
to
issue
subpoenas,
administer
oaths
and
take
testimony.
5
(7)
(4)
Impose
civil
penalties
as
provided
in
this
chapter
and
rules
of
6
the
board.
7
SECTION
25.
That
Section
54
-
5315,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
54
-
5315.
REVOCATION
OR
SUSPENSION
OF
LICENSE
-
-
PROCEDURES
FOR
DISCI
-
10
PLINARY
PROCEEDINGS
.
(1)
The
board
shall
have
the
power
to
refuse
to
issue
a
1
1
license
or
revoke,
suspend,
refuse
to
renew,
or
otherwise
sanction
any
li
-
12
cense
issued
pursuant
to
the
provisions
of
this
chapter
for
any
of
the
fol
-
13
lowing:
14
(a)
(1)
Procuring
a
license
or
registration
by
knowingly
making
a
false
15
statement,
submitting
false
information,
refusing
to
provide
complete
16
information
in
response
to
a
question
in
an
application
for
a
license
or
17
through
any
form
of
fraud
or
misrepresentation;
18
(b)
(2)
Being
convicted
of
a
felony;
19
(c)
(3)
Misrepresentation
or
fraudulent
representation
in
the
perfor
-
20
mance
of
any
duty,
conduct
or
activity
regulated
under
this
chapter;
21
(d)
(4)
Violating
the
provisions
of
this
chapter
or
any
rules
of
the
22
board
or
any
code
of
conduct
or
ethical
standards
adopted
by
the
board;
23
(e)
(5)
Being
incompetent;
or
24
(f)
(6)
Failing
to
provide
appropriate
and
personal
supervision,
if
25
acting
as
the
designated
supervisor,
to
any
person
gaining
experience
under
26
the
provisions
of
this
chapter.
27
(2)
The
board
shall
have
the
power
to
administer
oaths,
take
deposi
-
28
tions
of
witnesses
within
or
without
the
state
in
the
manner
provided
by
law
29
in
civil
cases,
and,
within
the
state
of
Idaho,
to
require
the
attendance
of
30
such
witnesses
and
the
production
of
such
books,
records
and
papers
as
it
may
31
desire,
relevant
to
any
hearing
before
it
of
any
matter
it
has
authority
to
32
investigate,
and
for
that
purpose
the
board
may
issue
a
subpoena
for
any
wit
-
33
ness
or
a
subpoena
duces
tecum
to
compel
the
production
of
books,
records
or
34
papers
directed
to
the
sheriff
of
any
county
of
the
state
of
Idaho
where
such
35
witness
resides
or
may
be
found,
which
subpoena
shall
be
served
and
returned
36
in
the
same
manner
as
a
subpoena
in
a
criminal
case.
37
(3)
The
procedures
for
disciplinary
proceedings
shall
be
in
compliance
38
with
the
Idaho
administrative
procedure
act,
the
Idaho
rules
of
administra
-
39
tive
procedure,
and
the
division
of
occupational
and
professional
licenses.
40
SECTION
26.
That
Section
54
-
5409,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
54
-
5409.
CERTAIN
ACTS
PROHIBITED.
(1)
The
following
acts
shall
be
un
-
43
lawful
and
punishable
as
a
misdemeanor:
44
(a)
(1)
The
violation
of
any
of
the
provisions
of
this
chapter;
45

34
(b)
(2)
Permitting
any
person
in
one's
employ,
supervision
or
control
1
to
practice
as
a
driving
instructor
unless
that
person
has
complied
with
the
2
provisions
of
this
chapter;
3
(c)
(3)
Practicing
or
offering
to
practice
any
of
the
occupations
de
-
4
fined
in
this
chapter,
unless
licensed
as
herein
provided;
and
5
(d)
(4)
Maintaining
or
operating
a
driving
business
unless
such
busi
-
6
ness
is
licensed
as
herein
provided.
7
(2)
The
board
may
seek
injunction
against
any
person
who
practices
as
8
a
driving
instructor
or
who
operates
a
driving
business
in
violation
of
the
9
provisions
of
this
chapter.
In
the
event
a
permanent
injunction
is
entered
10
against
such
person,
or
plea
or
verdict
of
guilty
is
entered
in
any
criminal
1
1
matter,
the
board
may
impose
a
civil
penalty
in
the
amount
of
all
costs
and
12
fees
incurred
by
the
board
in
prosecuting
the
matter.
13
SECTION
27.
That
Section
54
-
5807,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
54
-
5807.
POWERS
OF
THE
BOARD.
(1)
The
board
shall
have
the
power
to:
16
(a)
(1)
Receive
applications
for
licensure,
certification,
and
regis
-
17
tration,
determine
the
qualifications
of
applicants,
provide
licenses,
cer
-
18
tificates,
and
registrations
to
applicants
qualified
under
the
provisions
19
of
this
chapter,
and
reinstate
and
deny
licenses,
certificates,
and
regis
-
20
trations;
21
(b)
(2)
Establish
fees
by
rule
and
collect
fees
as
prescribed
by
this
22
chapter;
23
(c)
(3)
Maintain
records
necessary
to
carry
out
its
duties
under
this
24
chapter;
25
(d)
(4)
Judge
the
qualifications
and
fitness
of
applicants
for
li
-
26
censes,
certificates
and
registrations;
27
(e)
(5)
Examine
for,
deny,
approve,
issue,
revoke
and
suspend
licenses,
28
certificates
and
registrations,
or
sanction
or
impose
education,
training
29
or
supervision
on
any
licensee,
certificant
or
registrant
pursuant
to
this
30
chapter
and
conduct
investigations
in
connection
with
such
actions;
31
(f)
Conduct
hearings
and
proceedings
in
accordance
with
the
provisions
32
of
chapter
52,
title
67,
Idaho
Code;
33
(g)
(6)
Establish
requirements
for
reinstatement
and
renewal
of
li
-
34
censes
and
registrations;
35
(h)
(7)
Adopt
and
revise
such
rules
as
may
be
necessary
to
carry
into
36
effect
the
provisions
of
this
chapter
in
compliance
with
chapter
52,
title
37
67,
Idaho
Code;
38
(i)
(8)
Take
such
action
as
may
be
necessary
to
enforce
the
provisions
39
of
this
chapter
and
to
regulate
the
practice
of
occupations
licensed,
cer
-
40
tificated
and
registered
under
this
chapter;
41
(j)
(9)
Approve
relevant
cosmetology
education
for
barber
and
bar
-
42
ber
-
styling
licenses
and
approve
relevant
barber
and
barber
-
styling
ed
-
43
ucation
for
cosmetology
licenses;
provided
that
the
total
instructional
44
hours
required
for
a
licensed
cosmetologist
to
qualify
for
a
barber
or
45
barber
-
styling
license
shall
not
exceed
one
hundred
(100)
hours,
unless
re
-
46
quired
by
a
national
accrediting
body;
and
47
(k)
Authorize,
by
written
agreement,
the
division
of
occupational
and
48
professional
licenses
as
its
agent
to
act
in
its
interest
and,
at
the
board's
49

35
discretion,
contract
with
the
division
of
occupational
and
professional
li
-
1
censes
for
those
services
deemed
necessary
for
the
proper
administration
of
2
this
chapter.
3
(2)
In
any
proceeding
before
the
board
authorized
by
this
chapter,
the
4
board
or
its
designee
may
administer
oaths
or
affirmations
to
witnesses
ap
-
5
pearing
before
it,
may
subpoena
witnesses
and
compel
their
attendance
and
6
also
may
require
the
production
of
books,
papers,
documents,
electronically
7
stored
information
and
items
at
such
proceedings.
If
any
person
shall
refuse
8
to
obey
any
subpoena
so
issued
or
shall
refuse
to
testify
or
comply
with
a
re
-
9
quest
for
production,
the
board
may
present
its
petition
to
a
district
judge
10
to
cause
an
order
to
be
issued
requiring
such
witness
to
appear
before
the
1
1
board
to
testify
and
to
produce
such
books,
papers
and
other
documents
and
12
items
as
directed
in
the
subpoena.
Any
person
failing
or
refusing
to
obey
13
such
order
shall
be
punished
for
contempt
of
court.
14
(3)
In
a
final
order,
the
board
may
impose
a
civil
penalty
not
to
exceed
15
one
thousand
dollars
($1,000)
for
each
violation
by
a
licensee,
certificant
16
or
registrant
of
this
chapter
or
of
rules
adopted
by
the
board.
17
SECTION
28.
That
Section
55
-
1811,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
55
-
1811.
GENERAL
POWERS
AND
DUTIES.
(1)
The
commission
shall
have
the
20
authority
to
promulgate,
to
amend
and
to
repeal
reasonable
rules
for
the
ad
-
21
ministration
and
enforcement
of
this
chapter.
Such
rules
may
include
provi
-
22
sions
for
advertising
standards
to
assure
full
and
fair
disclosure;
provi
-
23
sions
for
bond,
escrow
or
trust
agreements
or
other
means
to
assure
that
all
24
improvements
referred
to
in
the
application
for
registration
and
advertis
-
25
ing
will
be
completed
and
that
purchasers
will
receive
the
interest
in
land
26
for
which
they
contracted;
provisions
for
operating
procedures;
and
such
27
other
rules
as
are
necessary
or
proper
to
accomplish
the
purposes
of
this
28
chapter.
29
(2)
The
commission
may
revoke
a
registration
ordered
under
the
provi
-
30
sions
of
this
chapter,
issue
a
cease
and
desist
order
and
assess
costs
and
at
-
31
torney's
fees
for
the
cost
of
any
investigation
and
administrative
or
other
32
proceedings
against
any
person
who
is
found
to
have
violated
any
section
of
33
this
chapter,
the
commission's
administrative
rules
or
any
order
of
the
com
-
34
mission.
If
any
amounts
assessed
against
a
subdivider
by
final
order
of
the
35
commission
become
otherwise
uncollectible
or
payment
is
in
default,
and
only
36
if
all
of
the
defendant's
rights
to
appeal
have
passed,
the
commission
may
37
then
proceed
to
district
court
and
seek
to
enforce
collection
through
judg
-
38
ment
and
execution,
including
an
action
against
any
bond
filed
or
escrow
or
39
trust
funds
deposited
pursuant
to
section
55
-
1806,
Idaho
Code.
40
(3)
Whenever
it
appears
that
a
person
has
engaged
or
is
about
to
engage
41
in
acts
or
practices
that
constitute
or
will
constitute
a
violation
of
the
42
provisions
of
this
chapter
or
of
a
rule
or
order
hereunder,
the
commission,
43
with
or
without
prior
administrative
proceedings,
may
bring
an
action
in
any
44
district
court
to
enjoin
the
acts
or
practices
and
to
enforce
compliance
with
45
this
chapter
or
any
rule
or
order
hereunder.
Upon
a
proper
showing,
a
perma
-
46
nent
or
temporary
injunction
or
restraining
order
may
be
granted.
47
(4)
(3)
The
commission
may
intervene
in
a
suit
involving
subdivided
48
lands.
In
any
suit
by
or
against
a
subdivider
involving
subdivided
lands,
49

36
the
subdivider
promptly
shall
furnish
the
commission
notice
of
the
suit
and
1
copies
of
all
pleadings.
2
(5)
(4)
The
commission
may:
3
(a)
Accept
registrations
filed
in
other
states
or
with
the
federal
gov
-
4
ernment;
5
(b)
Contract
with
the
association
of
real
estate
license
law
officials
6
to
use
its
web
-
based
file
management
system
to
accept
registrations
and
7
related
filings
and
to
reduce
the
registration
fees
for
applicants
who
8
use
the
web
-
based
system
to
file
registration
documents;
9
(c)
Contract
with
similar
agencies
in
this
state
or
other
jurisdictions
10
to
perform
investigative
functions.
1
1
(6)
(5)
The
commission
shall
cooperate
with
similar
agencies
in
other
12
jurisdictions
to
establish
uniform
filing
procedures
and
forms,
uniform
13
public
offering
statements,
advertising
standards,
rules
and
common
admin
-
14
istrative
practices.
15
SECTION
29.
That
Section
55
-
1813,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
55
-
1813.
INVESTIGATIONS
AND
PROCEEDINGS.
(1)
The
commission
may
in
-
18
vestigate
any
subdivision
offered
for
disposition
in
this
state
and
the
ac
-
19
tions
of
any
person
who
makes
any
offer
or
disposition
of
subdivided
lands
20
requiring
registration
under
this
chapter.
In
the
conduct
of
the
investiga
-
21
tion,
the
commission
may:
22
(a)
(1)
Rely
upon
any
relevant
information
concerning
a
subdivision
ob
-
23
tained
from
the
federal
housing
administration,
the
United
States
depart
-
24
ment
of
veterans
affairs
or
any
other
federal
agency
or
any
state
agency
hav
-
25
ing
comparable
duties
in
relation
to
subdivisions;
26
(b)
(2)
Require
the
applicant
to
submit
reports
prepared
by
competent
27
engineers
as
to
any
hazard
to
which
any
subdivision
offered
for
disposition
28
is
subject
or
any
factor
that
affects
the
utility
of
interests
within
the
29
subdivision
and
require
evidence
of
compliance
in
removing
or
minimizing
all
30
hazards
reflected
in
engineering
reports;
31
(c)
(3)
Require
an
on
-
site
inspection
of
the
subdivision
by
a
person
32
or
persons
designated
by
it.
All
expenses
incurred
in
connection
with
an
33
on
-
site
inspection
shall
be
defrayed
by
the
applicant,
and
the
commission
34
shall
require
a
deposit
sufficient
to
defray
such
expenses
in
advance;
35
(d)
(4)
Make
public
or
private
investigations
within
or
outside
this
36
state
to
determine
whether
any
person
has
violated
or
is
about
to
violate
the
37
provisions
of
this
chapter
or
any
rule
or
order
hereunder,
or
to
aid
in
the
38
enforcement
of
this
chapter
or
in
prescribing
rules
and
forms
hereunder;
and
39
(e)
(5)
Require
or
permit
any
person
to
file
a
statement
in
writing,
un
-
40
der
oath
or
otherwise
as
the
commission
determines,
as
to
all
the
facts
and
41
circumstances
concerning
the
matter
to
be
investigated.
42
(2)
For
the
purpose
of
any
investigation
or
proceeding
under
this
chap
-
43
ter,
the
commission
or
any
person
designated
by
it
may
administer
oaths
or
44
affirmations,
and
upon
its
own
motion
or
upon
the
request
of
any
party
the
45
commission
or
any
person
designated
by
it
shall
have
the
power
to
adminis
-
46
ter
oaths,
take
depositions
of
witnesses
in
and
out
of
the
state
of
Idaho
in
47
the
manner
of
civil
cases,
require
the
attendance
of
such
witnesses
and
the
48
production
of
such
books,
records
and
papers
as
it
may
desire
at
any
hearing
49

37
before
it
or
deposition
authorized
by
it
pertaining
in
any
manner
to
any
mat
-
1
ters
of
which
it
has
authority
to
investigate,
and
for
that
purpose
the
com
-
2
mission
may
issue
a
subpoena
for
any
witness
or
a
subpoena
duces
tecum
to
com
-
3
pel
the
production
of
any
books,
records
or
papers
that
shall
be
served
and
4
returned
in
the
same
manner
as
a
subpoena
in
a
civil
case
is
returned.
The
5
fees
and
mileage
of
witnesses
shall
be
the
same
as
that
allowed
in
the
dis
-
6
trict
courts
in
civil
cases.
7
(3)
The
commission
may
permit
a
person
registered
with
the
commission
8
whose
conduct
or
actions
may
be
under
investigation
to
waive
formal
proceed
-
9
ings
and
enter
into
a
consent
proceeding
whereby
orders,
rules
or
letters
of
10
censure
or
warning,
whether
formal
or
informal,
may
be
entered
against
said
1
1
person.
12
(4)
Except
as
otherwise
provided
in
this
chapter,
all
proceedings
under
13
this
chapter
shall
be
in
accordance
with
chapter
52,
title
67,
Idaho
Code.
14
SECTION
30.
That
Chapter
26,
Title
67,
Idaho
Code,
be,
and
the
same
is
15
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
16
ignated
as
Section
67
-
2616,
Idaho
Code,
and
to
read
as
follows:
17
67
-
2616.
DIVISION
PROCEEDINGS
AGAINST
A
LICENSE,
PERMIT,
CERTIFI
-
18
CATE,
OR
REGISTRATION.
(1)
Every
board,
commission,
program,
and
committee
19
administered
by
the
division
shall
have
the
power
to
hold
and
conduct
hear
-
20
ings
pursuant
to
chapter
52,
title
67,
Idaho
Code,
administer
oaths,
issue
21
subpoenas,
take
depositions
of
witnesses,
and
require
the
attendance
of
such
22
witnesses
and
the
production
of
records.
Fees
and
mileage
of
the
witnesses
23
shall
be
the
same
as
that
allowed
in
the
district
courts
in
criminal
cases.
24
In
the
event
of
disobedience
to
or
neglect
of
any
subpoena
or
the
refusal
of
25
any
witness
to
testify,
it
shall
be
the
duty
of
the
district
court
to
compel
26
obedience.
27
(2)
The
division
may
maintain
an
action
on
behalf
of
any
board,
commis
-
28
sion,
program,
or
committee
administered
by
the
division
to
enjoin
any
per
-
29
son
from
persisting
in
committing
any
act
that
constitutes
a
violation
of
30
the
applicable
practice
act.
The
division
shall
bring
such
action
in
dis
-
31
trict
court
by
filing
a
verified
complaint.
Upon
a
finding
that
the
viola
-
32
tion
is
likely
to
continue,
the
court
may
issue
a
temporary
writ
enjoining
33
the
respondent
from
the
act
or
acts
constituting
the
violation,
and
the
mat
-
34
ter
shall
proceed
in
the
same
manner
as
other
injunction
proceedings.
35
(3)
Upon
a
finding
that
a
respondent
has
violated
any
of
the
provisions
36
of
any
applicable
practice
act,
regulation,
or
professional
standard
gen
-
37
erally
accepted
in
the
community
relevant
to
the
respondent's
profession
or
38
occupation,
the
board,
commission,
program,
or
committee
shall
have
power
to
39
enter
or
seek
an
order
of
formal
discipline,
including
any
or
all
of
the
fol
-
40
lowing:
41
(a)
Refusing
to
renew
or
reinstate
the
respondent's
license,
permit,
42
certificate,
or
registration;
43
(b)
Revoking
the
respondent's
license,
permit,
certificate,
or
regis
-
44
tration;
45
(c)
Suspending
for
a
definite
period
of
time
the
respondent's
license,
46
permit,
certificate,
or
registration;
47
(d)
Otherwise
restricting
for
a
definite
period
of
time
the
respon
-
48
dent's
license,
permit,
certificate,
or
registration;
49

38
(e)
Requiring
rehabilitation,
education,
or
training;
1
(f)
Issuing
a
public
reprimand;
2
(g)
Requiring
restitution
for
losses
suffered
or
reimbursement
for
any
3
damages
incurred
as
a
result
of
a
violation
of
the
applicable
practice
4
act;
5
(h)
Imposing
an
administrative
fine
not
to
exceed
one
thousand
dollars
6
($1,000)
for
each
count
or
offense,
unless
otherwise
provided
in
the
7
board,
commission,
program,
or
committee
statutes
or
rules;
and
8
(i)
Assessing
costs
and
attorney's
fees
against
the
respondent
for
any
9
investigation
or
administrative
proceeding.
10
(4)
Any
formal
disciplinary
action
taken
pursuant
to
this
section
shall
1
1
be
conducted
in
accordance
with
the
contested
case
provisions
of
chapter
52,
12
title
67,
Idaho
Code.
13
(5)
Every
board,
commission,
program,
and
committee
may
accept
a
vol
-
14
untary
surrendering
of
a
license
or
seek
informal
disposition
of
a
disci
-
15
plinary
matter
by
negotiation,
stipulation,
agreed
settlement,
or
consent
16
order
imposing
any
penalties
as
set
forth
in
subsection
(3)
of
this
section.
17
Pursuant
to
the
terms
of
the
informal
disposition,
the
matter
may
remain
con
-
18
fidential
and
exempt
from
disclosure
under
the
Idaho
public
records
act,
but
19
a
status
report
shall
be
provided
to
the
original
complainant
upon
request.
20
(6)
In
addition
to
any
of
the
grounds
for
professional
discipline
pro
-
21
vided
in
the
applicable
practice
act,
each
board,
commission,
program,
and
22
committee
administered
by
the
division
shall
also
have
the
power
to
enter
or
23
seek
an
order
for:
24
(a)
Committing
or
aiding
and
abetting
unlicensed
practice
in
this
25
state;
26
(b)
The
failure
of
an
applicant
or
licensee
to
cooperate
with
an
inves
-
27
tigation;
or
28
(c)
The
failure
of
an
applicant
or
licensee
to
continue
to
meet
any
re
-
29
quirements
for
initial
licensure.
30
(7)
Each
board,
commission,
program,
and
committee
shall
maintain
ju
-
31
risdiction
over
every
license,
permit,
certificate,
and
registration,
in
-
32
cluding
those
that
lapse
due
to
nonrenewal.
The
existence
or
status
of
the
33
license,
permit,
certificate,
or
registration
shall
not
affect
the
juris
-
34
diction
of
any
such
board,
commission,
program,
or
committee
over
violations
35
of
the
applicable
practice
act,
regulations,
or
standards.
36
(8)
Any
person
may
file
a
complaint
with
the
relevant
board,
commis
-
37
sion,
program,
or
committee
against
anyone
who
has
been
issued
a
license,
38
permit,
certificate,
or
registration
by
the
relevant
board,
commission,
39
program,
or
committee
charging
that
person
with
violation
of
the
provisions
40
of
any
applicable
practice
act,
regulation,
or
professional
standard
gen
-
41
erally
accepted
in
the
community
relevant
to
the
respondent's
profession
42
or
occupation.
The
complaint
shall
specify
charges
in
sufficient
detail
so
43
as
to
disclose
to
the
respondent
the
alleged
acts
of
misconduct
for
which
44
the
respondent
is
charged.
Upon
receiving
a
complaint,
the
board,
commis
-
45
sion,
program,
or
committee
shall
notify
the
respondent
holding
the
license,
46
permit,
certificate,
or
registration
of
the
complaint
and
shall
request
a
47
response
from
the
respondent.
If
the
board,
commission,
program,
or
commit
-
48
tee
determines
that
it
lacks
jurisdiction
over
the
matters
in
a
complaint,
it
49
shall
communicate
such
to
the
original
complainant.
Each
board,
commission,
50

39
program,
and
committee
shall
keep
an
information
file
about
each
complaint
1
filed
with
them,
which
shall
be
exempt
from
disclosure
pursuant
to
sections
2
67
-
2615
and
74
-
106,
Idaho
Code.
The
information
in
each
complaint
file
shall
3
contain
complete,
current,
and
accurate
information,
including
but
not
lim
-
4
ited
to:
5
(a)
All
persons
contacted
in
relation
to
the
complaint;
6
(b)
A
summary
of
the
findings
made
at
each
step
of
the
complaint
7
process;
8
(c)
An
explanation
of
the
legal
basis
and
reason
for
a
complaint
that
is
9
dismissed;
and
10
(d)
Any
other
relevant
information.
1
1
(9)
Each
board,
commission,
program,
and
committee
may
refer
a
com
-
12
plaint
for
a
violation
of
any
section
of
this
or
any
other
applicable
chapter
13
before
any
court
of
competent
jurisdiction.
It
shall
be
the
duty
of
the
14
prosecuting
attorney
of
each
county
in
the
state
to
prosecute
all
violations
15
of
the
provisions
of
this
chapter
in
their
respective
counties
in
which
such
16
violations
occur.
17
SECTION
31.
That
Section
39
-
4125
,
Idaho
Code,
be,
and
the
same
is
hereby
18
repealed.
19
SECTION
32.
That
Section
54
-
223
,
Idaho
Code,
be,
and
the
same
is
hereby
20
repealed.
21
SECTION
33.
That
Section
54
-
225
,
Idaho
Code,
be,
and
the
same
is
hereby
22
repealed.
23
SECTION
34.
That
Section
54
-
610
,
Idaho
Code,
be,
and
the
same
is
hereby
24
repealed.
25
SECTION
35.
That
Section
54
-
713
,
Idaho
Code,
be,
and
the
same
is
hereby
26
repealed.
27
SECTION
36.
That
Section
54
-
925
,
Idaho
Code,
be,
and
the
same
is
hereby
28
repealed.
29
SECTION
37.
That
Section
54
-
926
,
Idaho
Code,
be,
and
the
same
is
hereby
30
repealed.
31
SECTION
38.
That
Section
54
-
933
,
Idaho
Code,
be,
and
the
same
is
hereby
32
repealed.
33
SECTION
39.
That
Section
54
-
1009
,
Idaho
Code,
be,
and
the
same
is
hereby
34
repealed.
35
SECTION
40.
That
Section
54
-
1127
,
Idaho
Code,
be,
and
the
same
is
hereby
36
repealed.
37
SECTION
41.
That
Section
54
-
1220
,
Idaho
Code,
be,
and
the
same
is
hereby
38
repealed.
39
SECTION
42.
That
Section
54
-
1416
,
Idaho
Code,
be,
and
the
same
is
hereby
40
repealed.
41

40
SECTION
43.
That
Section
54
-
1512
,
Idaho
Code,
be,
and
the
same
is
hereby
1
repealed.
2
SECTION
44.
That
Section
54
-
1513
,
Idaho
Code,
be,
and
the
same
is
hereby
3
repealed.
4
SECTION
45.
That
Section
54
-
1524
,
Idaho
Code,
be,
and
the
same
is
hereby
5
repealed.
6
SECTION
46.
That
Section
54
-
1815
,
Idaho
Code,
be,
and
the
same
is
hereby
7
repealed.
8
SECTION
47.
That
Section
54
-
1915
,
Idaho
Code,
be,
and
the
same
is
hereby
9
repealed.
10
SECTION
48.
That
Section
54
-
1918
,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
repealed.
12
SECTION
49.
That
Section
54
-
1920A
,
Idaho
Code,
be,
and
the
same
is
13
hereby
repealed.
14
SECTION
50.
That
Section
54
-
2066
,
Idaho
Code,
be,
and
the
same
is
hereby
15
repealed.
16
SECTION
51.
That
Section
54
-
2115A
,
Idaho
Code,
be,
and
the
same
is
17
hereby
repealed.
18
SECTION
52.
That
Section
54
-
2116
,
Idaho
Code,
be,
and
the
same
is
hereby
19
repealed.
20
SECTION
53.
That
Section
54
-
2120
,
Idaho
Code,
be,
and
the
same
is
hereby
21
repealed.
22
SECTION
54.
That
Section
54
-
2220
,
Idaho
Code,
be,
and
the
same
is
hereby
23
repealed.
24
SECTION
55.
That
Section
54
-
2221
,
Idaho
Code,
be,
and
the
same
is
hereby
25
repealed.
26
SECTION
56.
That
Section
54
-
2311
,
Idaho
Code,
be,
and
the
same
is
hereby
27
repealed.
28
SECTION
57.
That
Section
54
-
2414
,
Idaho
Code,
be,
and
the
same
is
hereby
29
repealed.
30
SECTION
58.
That
Section
54
-
2608
,
Idaho
Code,
be,
and
the
same
is
hereby
31
repealed.
32
SECTION
59.
That
Section
54
-
2920
,
Idaho
Code,
be,
and
the
same
is
hereby
33
repealed.
34
SECTION
60.
That
Section
54
-
2924
,
Idaho
Code,
be,
and
the
same
is
hereby
35
repealed.
36

41
SECTION
61.
That
Section
54
-
2925
,
Idaho
Code,
be,
and
the
same
is
hereby
1
repealed.
2
SECTION
62.
That
Section
54
-
3113
,
Idaho
Code,
be,
and
the
same
is
hereby
3
repealed.
4
SECTION
63.
That
Section
54
-
3114
,
Idaho
Code,
be,
and
the
same
is
hereby
5
repealed.
6
SECTION
64.
That
Section
54
-
3216
,
Idaho
Code,
be,
and
the
same
is
hereby
7
repealed.
8
SECTION
65.
That
Section
54
-
3321
,
Idaho
Code,
be,
and
the
same
is
hereby
9
repealed.
10
SECTION
66.
That
Section
54
-
3322
,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
repealed.
12
SECTION
67.
That
Section
54
-
3323
,
Idaho
Code,
be,
and
the
same
is
hereby
13
repealed.
14
SECTION
68.
That
Section
54
-
3409
,
Idaho
Code,
be,
and
the
same
is
hereby
15
repealed.
16
SECTION
69.
That
Section
54
-
3716
,
Idaho
Code,
be,
and
the
same
is
hereby
17
repealed.
18
SECTION
70.
That
Section
54
-
3720
,
Idaho
Code,
be,
and
the
same
is
hereby
19
repealed.
20
SECTION
71.
That
Section
54
-
4108
,
Idaho
Code,
be,
and
the
same
is
hereby
21
repealed.
22
SECTION
72.
That
Section
54
-
4117
,
Idaho
Code,
be,
and
the
same
is
hereby
23
repealed.
24
SECTION
73.
That
Section
54
-
4118
,
Idaho
Code,
be,
and
the
same
is
hereby
25
repealed.
26
SECTION
74.
That
Section
54
-
4514
,
Idaho
Code,
be,
and
the
same
is
hereby
27
repealed.
28
SECTION
75.
That
Section
54
-
5013A
,
Idaho
Code,
be,
and
the
same
is
29
hereby
repealed.
30
SECTION
76.
That
Section
54
-
5218
,
Idaho
Code,
be,
and
the
same
is
hereby
31
repealed.
32
SECTION
77.
That
Section
54
-
5219
,
Idaho
Code,
be,
and
the
same
is
hereby
33
repealed.
34
SECTION
78.
That
Section
54
-
5317
,
Idaho
Code,
be,
and
the
same
is
hereby
35
repealed.
36

42
SECTION
79.
That
Section
36
-
408,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
36
-
408.
COMMISSION'S
AUTHORITY
-
-
TAGS
-
-
PERMITS
-
-
NONRESIDENTS
3
LIMITED
-
-
OUTFITTERS
SET
-
ASIDE.
(1)
Tags
and
Permits
-
-
Method
of
Use.
The
4
commission
is
hereby
authorized
to
prescribe
the
number
and
kind
of
wildlife
5
that
may
be
taken
under
authority
of
the
several
types
of
tags
and
permits
6
provided
for
in
this
title
and
the
manner
in
which
said
tags
and
permits
shall
7
be
used
and
validated.
All
Idaho
wolf
tags
will
be
valid
for
hunting,
trap
-
8
ping,
and
snaring
in
any
unit
when
seasons
are
open
at
the
time
of
take.
There
9
shall
be
no
limit
to
the
number
of
wolf
tags
that
an
individual
can
purchase.
10
All
appropriate
fish
and
game
education
requirements
must
be
met.
1
1
(2)
Limit
-
-
Licenses,
Tags
or
Permits
-
-
Controlled
Hunts.
The
commis
-
12
sion
is
hereby
authorized
to
establish
a
limit
annually
as
to
the
number
of
13
each
kind
and
class
of
licenses,
tags,
or
permits
to
be
sold
or
issued
and
is
14
further
authorized
to
limit
the
number
or
prohibit
entirely
the
participa
-
15
tion
by
nonresidents
in
controlled
hunts.
16
(3)
Outfitted
Hunter
Tags
Set
-
Aside.
When
the
commission
establishes
a
17
limit
as
to
the
number
of
nonresident
deer
tags
and
nonresident
elk
tags,
it
18
shall
set
aside,
when
setting
big
game
seasons,
in
a
statewide
pool,
a
maxi
-
19
mum
of
twenty
-
five
percent
(25%)
of
the
nonresident
deer
tag
and
nonresident
20
elk
tag
limit.
These
tags
may
be
allocated
to
the
outfitted
hunters
in
capped
21
hunts
and
controlled
hunts
and
set
aside
for
outfitted
hunter
use
in
general
22
hunts.
23
(a)
Such
outfitted
allocated
set
-
aside
tags
shall
be
separate
from
the
24
tag
numbers
set
for
residents
and
nonresidents
in
each
capped
or
con
-
25
trolled
hunt,
unit,
or
game
management
area.
The
set
-
aside
tags
shall
26
be
sold
pursuant
to
commission
rule,
only
to
persons
that
have
entered
27
into
a
signed
agreement
for
that
year
to
utilize
the
services
of
an
out
-
28
fitter
licensed
pursuant
to
chapter
21,
title
36,
Idaho
Code.
29
(b)
In
order
for
a
person
to
purchase
any
set
-
aside
nonresident
deer
30
tag
or
nonresident
elk
tag,
that
person's
outfitter
must
submit
an
ap
-
31
plication
with
the
proper
fees
as
required
by
the
director.
If
any
non
-
32
resident
deer
tags
or
nonresident
elk
tags
set
aside
for
use
in
general
33
hunts
pursuant
to
this
subsection
are
unsold
by
July
15
of
the
year
in
34
which
they
were
set
aside,
they
may
be
sold
by
the
department
to
the
gen
-
35
eral
public
pursuant
to
commission
rule.
If
any
nonresident
deer
tags
36
or
nonresident
elk
tags
set
aside
as
general
capped
allocated
tags
pur
-
37
suant
to
this
subsection
are
unsold
by
July
31
of
the
year
in
which
they
38
were
set
aside,
they
may
be
sold
by
the
department
to
the
general
public
39
pursuant
to
commission
rule.
40
(c)
The
commission
may
promulgate
all
necessary
rules
to
implement
the
41
provisions
of
this
subsection.
42
(4)
Deer
and
Elk
Tag
Allocation.
When
setting
big
game
seasons,
if
the
43
commission
limits
the
number
of
deer
or
elk
tags
available
for
use
in
any
game
44
management
area,
unit,
or
zone,
the
commission
may
allocate
by
rule,
where
45
there
are
outfitted
operations,
a
number
of
deer
and
elk
tags
from
the
out
-
46
fitted
hunter
set
-
aside
pool
of
tags
for
use
by
hunters
that
have
entered
47
into
a
signed
agreement
for
that
year
to
utilize
the
services
of
an
outfit
-
48
ter
licensed
pursuant
to
chapter
21,
title
36,
Idaho
Code.
49

43
(a)
In
addition
to
rules
promulgated
by
the
commission
regarding
al
-
1
location,
or
pursuant
to
this
section,
in
capped
hunts
the
commission
2
may
allocate
the
number
of
outfitted
hunter
elk
and
deer
tags
based
on
3
the
highest
number
within
each
of
the
last
two
(2)
years
of
all
elk
or
4
deer
tags
using
the
services
of
an
outfitter
in
each
capped
hunt.
Any
5
additional
tags
above
the
original
outfitted
hunter
tag
quota
may
come
6
from
the
nonresident
outfitted
hunter
set
-
aside
pool
or
the
nonresident
7
quota
in
the
capped
hunt,
not
to
exceed
fifty
percent
(50%)
of
the
non
-
8
resident
quota
for
each
capped
hunt.
In
capped
hunts,
when
tag
numbers
9
change
for
all
users,
they
will
apply
proportionally
to
all
user
groups.
10
(b)
In
controlled
hunts,
the
commission
may
allocate
the
number
of
out
-
1
1
fitted
hunter
elk
or
deer
tags
based
on
a
number
compiled
from
each
out
-
12
fitter's
highest
year
within
the
last
two
(2)
years
of
all
elk
or
deer
13
tags
using
the
services
of
an
outfitter
for
each
controlled
hunt.
Any
14
additional
tags
above
the
original
outfitted
hunter
tag
quota
may
come
15
from
the
nonresident
outfitted
hunter
set
-
aside
pool
or
the
nonresident
16
quota
in
the
controlled
hunt,
not
to
exceed
fifty
percent
(50%)
of
the
17
nonresident
quota
for
each
controlled
hunt.
18
(c)
Outfitted
hunter
tag
use
history
will
be
provided
through
records
19
from
the
sale
of
outfitted
hunter
tags
compiled
by
the
Idaho
department
20
of
fish
and
game
and
verified
use
other
than
allocated
tags
recorded
21
with
the
department
by
December
20
by
outfitters.
The
department
shall
22
distribute
the
allocated
outfitted
tags
through
its
point
-
of
-
sale
ma
-
23
chines.
24
(d)
Beginning
December
1,
2020,
all
outfitted
deer
and
elk
tag
use
shall
25
be
verified
in
order
to
qualify
for
allocated
outfitted
hunter
tag
use
26
history.
Verification
consists
of
the
purchase
of
allocated
tags
from
27
the
Idaho
department
of
fish
and
game
or
the
use
of
an
outfitter
-
pro
-
28
vided
agreement,
including
the
tag
number
that
is
recorded
with
the
de
-
29
partment.
30
(e)
All
big
game
tags
used
in
allocated
outfitted
hunts
must
be
recorded
31
by
outfitters
with
the
department
by
December
20
each
year.
An
admin
-
32
istrative
fee
of
five
dollars
($5.00)
shall
be
assessed
for
each
allo
-
33
cated
outfitted
big
game
tag
sold
or
exchanged
at
a
point
-
of
-
sale
ma
-
34
chine.
An
administrative
fee
of
twenty
dollars
($20.00)
shall
be
as
-
35
sessed
for
each
big
game
tag
submitted
for
verification
as
being
outfit
-
36
ted.
37
(f)
The
allocated
tags
shall
be
designated
by
the
Idaho
outfitters
and
38
guides
licensing
board
to
those
authorized
outfitting
operations
li
-
39
censed
for
elk
and
deer
hunting
for
the
use
by
the
outfitted
hunter,
pur
-
40
suant
to
section
36
-
2107
(h)
,
Idaho
Code.
41
(g)
Those
tags
not
qualified
for
allocated
tag
use
history
include
42
emergency
depredation,
landowner
appreciation
program
hunts,
or
meat
43
packing
without
an
outfitted
allocated
deer
or
elk
tag.
44
(h)
The
commission
may
promulgate
all
necessary
rules
to
implement
the
45
provisions
of
this
subsection.
46
(5)
Special
Game
Tags.
The
commission
is
hereby
authorized
to
issue
two
47
(2)
special
bighorn
sheep
tags
per
year.
48
(a)
Auction
bighorn
sheep
tag.
One
(1)
special
bighorn
sheep
tag
shall
49
be
auctioned
off
by
an
incorporated
nonprofit
organization
dedicated
50

44
to
wildlife
conservation
selected
by
the
commission.
The
tag
shall
be
1
issued
by
the
department
of
fish
and
game
to
the
highest
eligible
bid
-
2
der.
No
more
than
five
percent
(5%)
of
all
proceeds
for
the
tag
may
be
3
retained
by
the
organization.
The
tag
to
be
issued
pursuant
to
this
4
subsection
shall
be
taken
from
the
nonresident
bighorn
sheep
tag
quota.
5
The
net
proceeds
shall
be
forwarded
to
the
director
for
deposit
in
the
6
fish
and
game
expendable
trust
account
and
shall
be
used
for
bighorn
7
sheep
research
and
management
purposes.
Moneys
raised
pursuant
to
this
8
subsection
may
not
be
used
to
transplant
additional
bighorn
sheep
into
9
that
portion
of
southwest
Idaho
south
of
the
Snake
river
and
west
of
U.S.
10
highway
no.
93,
nor
for
litigation
or
environmental
impact
statements
1
1
involving
bighorn
sheep.
No
transplants
of
bighorn
sheep
accomplished
12
with
moneys
raised
pursuant
to
this
subsection
shall
occur
in
any
area
13
until
hearings
are
conducted
in
the
area.
Provided
however,
that
none
14
of
the
proceeds
generated
from
the
auction
of
bighorn
sheep
tags
pur
-
15
suant
to
this
paragraph
be
used
to
purchase
or
acquire
private
property
16
or
federally
managed
grazing
permits,
nor
shall
any
proceeds
generated
17
be
used
for
matching
funds
for
the
purchase
of
private
property
or
the
18
retirement
or
the
acquisition
of
federally
managed
grazing
permits.
19
(b)
Lottery
bighorn
sheep
tag.
The
commission
is
also
authorized
to
is
-
20
sue
one
(1)
special
bighorn
sheep
tag,
which
will
be
disposed
of
by
lot
-
21
tery.
The
lottery
permit
can
be
marketed
by
the
department
of
fish
and
22
game
or
a
nonprofit
organization
dedicated
to
wildlife
conservation
se
-
23
lected
by
the
commission.
The
tag
will
be
issued
by
the
department
of
24
fish
and
game
to
an
eligible
person
drawn
from
the
lottery
provided
in
25
this
subsection.
No
more
than
twenty
-
five
percent
(25%)
of
gross
rev
-
26
enue
can
be
retained
for
administrative
costs
by
the
organization.
All
27
net
proceeds
for
the
tag
disposed
of
by
lottery
pursuant
to
this
sub
-
28
section
shall
be
remitted
to
the
department
and
deposited
in
the
fish
29
and
game
expendable
trust
account.
Moneys
in
the
account
from
the
lot
-
30
tery
bighorn
sheep
tag
shall
be
utilized
by
the
department
in
solving
31
problems
between
bighorn
sheep
and
domestic
sheep,
solving
problems
be
-
32
tween
wildlife
and
domestic
animals
or
improving
relationships
between
33
sportsmen
and
private
landowners.
34
(6)
Issuance
of
Free
Permit
or
Tag
to
Minor
Children
with
Life
-
Threat
-
35
ening
Medical
Conditions.
Notwithstanding
any
other
provision
of
law,
the
36
commission
may
issue
free
big
game
permits
or
tags
to
minor
children
who
have
37
life
-
threatening
medical
conditions
that
have
been
certified
eligible
by
38
a
qualified
organization.
The
commission
may
prescribe
by
rule
the
manner
39
and
conditions
of
issuing
and
using
the
permits
or
tags
authorized
under
this
40
subsection.
For
purposes
of
this
subsection,
a
"qualified
organization"
41
means
a
nonprofit
organization
that
is
qualified
under
section
501(c)(3)
of
42
the
Internal
Revenue
Code
and
that
affords
opportunities
and
experiences
to
43
minor
children
with
life
-
threatening
medical
conditions.
44
(7)
Issuance
of
Free
Permit
or
Tag
to
Military
Veterans
with
Disabil
-
45
ities.
The
commission
may
prescribe
by
rule
the
manner
and
conditions
of
46
using
the
permits
or
tags
authorized
under
this
subsection.
Notwithstand
-
47
ing
any
other
provision
of
law,
the
commission
shall
issue
five
(5)
free
big
48
game
permits
or
tags
to
disabled
military
veterans
whose
disability
has
been
49
certified
eligible
by
the
Idaho
division
of
veterans
services.
All
veterans
50

45
applying
must
be
sponsored
by
a
"qualified
organization,"
which
for
purposes
1
of
this
subsection
means
a
governmental
agency
that
assists
veterans
or
a
2
nonprofit
organization
that
is
qualified
under
section
501(c)(3),
501(c)(4)
3
or
501(c)(19)
of
the
Internal
Revenue
Code
and
that
affords
opportunities,
4
experiences
and
assistance
to
disabled
veterans.
The
Idaho
division
of
vet
-
5
erans
services
shall
screen
all
applicants
to
ensure
only
the
most
deserving
6
disabled
veterans
shall
be
issued
these
permits
or
tags.
A
list
of
screened
7
applicants
shall
be
provided
to
the
commission
in
priority
order
for
is
-
8
suance.
The
commission
shall
issue
one
(1)
permit
or
tag
each
to
the
top
two
9
(2)
candidates
for
a
sponsored
hunt
as
designated
by
the
Idaho
division
of
10
veterans
services
and
the
three
(3)
remaining
permits
or
tags
to
candidates
1
1
sponsored
by
a
qualified
organization
as
described
in
this
subsection.
12
(8)
Special
Wolf
Tags.
The
commission
is
hereby
authorized
to
issue
up
13
to
ten
(10)
special
auction
or
lottery
tags
for
hunting
wolves.
Special
wolf
14
tags
will
be
auctioned
off
or
made
available
through
lottery
by
incorporated
15
nonprofit
organizations
dedicated
to
wildlife
conservation
and
selected
by
16
the
director.
No
more
than
five
percent
(5%)
of
all
proceeds
for
each
tag
17
may
be
retained
by
the
nonprofit
organization
for
administrative
costs
in
-
18
volved.
Each
wolf
tag
shall
be
issued
by
the
department
of
fish
and
game
and
19
awarded
to
the
highest
eligible
bidder
or
winner
of
a
lottery.
Each
tag
will
20
be
good
for
the
harvest
of
one
(1)
wolf
pursuant
to
commission
rule.
The
pro
-
21
ceeds
from
each
tag
will
be
sent
to
the
director
to
be
placed
in
the
depart
-
22
ment
general
license
fund.
23
(9)
Special
Big
Game
Auction
Tags
-
-
Governor's
Wildlife
Partnership
24
Tags.
The
commission
is
hereby
authorized
to
issue
special
big
game
auc
-
25
tion
tags
hereafter
named
and
referred
to
as
"Governor's
wildlife
partner
-
26
ship
tags"
for
hunting
designated
species
on
dates
and
in
areas
designated
by
27
the
commission.
To
enhance
and
sustain
the
value
of
Idaho's
wildlife,
up
to
28
three
(3)
tags
per
species
per
year
may
be
issued
for
deer,
elk
and
pronghorn
29
antelope,
one
(1)
tag
per
year
may
be
issued
for
moose,
and
one
(1)
tag
per
30
species
per
year
may
be
issued
for
mountain
goat
and
bighorn
sheep.
Each
tag
31
will
be
signed
by
the
governor
of
Idaho
prior
to
auction
to
the
public
and
be
32
available
to
either
residents
or
nonresidents
of
Idaho.
Governor's
wildlife
33
partnership
tags
issued
for
deer,
elk,
pronghorn
antelope
and
moose
pursuant
34
to
this
subsection
shall
be
taken
from
the
nonresident
controlled
hunt
pro
-
35
grams
for
these
species
adopted
by
the
fish
and
game
commission.
Governor's
36
wildlife
partnership
tags
issued
for
mountain
goat
and
bighorn
sheep
shall
37
be
taken
from
the
nonresident
mountain
goat
and
bighorn
sheep
quota.
Gover
-
38
nor's
wildlife
partnership
tags
shall
be
auctioned
off
by
incorporated
non
-
39
profit
organizations
dedicated
to
wildlife
conservation
and
selected
by
the
40
director.
No
more
than
five
percent
(5%)
of
all
proceeds
from
each
tag
sale
41
may
be
retained
by
the
nonprofit
organization
for
administrative
costs
in
-
42
volved,
including
in
the
event
a
tag
is
redonated
and
reauctioned.
Each
tag
43
shall
be
issued
by
the
department
of
fish
and
game
and
awarded
to
the
high
-
44
est
eligible
bidder.
Each
tag
shall
be
good
for
the
harvest
of
one
(1)
big
45
game
animal
pursuant
to
commission
rule
consistent
with
the
provisions
of
46
this
subsection.
The
proceeds
from
each
tag
shall
be
sent
to
the
director
to
47
be
allocated
up
to
thirty
percent
(30%)
for
sportsmen
access
programs,
such
48
as
access
yes,
and
the
balance
for
wildlife
habitat
projects,
wildlife
man
-
49
agement
projects
to
increase
the
quantity
and
quality
of
big
game
herds,
and
50

46
other
research
and
management
activities
approved
by
the
commission.
Pro
-
1
vided
however,
that
none
of
the
proceeds
generated
from
the
auctions
pur
-
2
suant
to
the
provisions
of
this
subsection
shall
be
used
to
purchase
or
ac
-
3
quire
private
property
or
federally
managed
grazing
permits,
nor
shall
any
4
proceeds
generated
be
used
for
matching
funds
for
the
purchase
of
private
5
property
or
the
retirement
or
the
acquisition
of
federally
managed
grazing
6
permits.
Moneys
raised
pursuant
to
this
subsection
may
not
be
used
to
trans
-
7
plant
additional
bighorn
sheep
into
that
portion
of
southwest
Idaho
south
of
8
the
Snake
river
and
west
of
U.S.
highway
no.
93,
nor
for
litigation
or
envi
-
9
ronmental
impact
statements
involving
bighorn
sheep.
10
SECTION
80.
That
Section
36
-
2116,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
36
-
2116.
COMPLAINT
FOR
VIOLATION
-
-
PROSECUTION
BY
COUNTY
ATTOR
-
13
NEY.
(a)
The
board
or
its
designated
agent
may
prefer
a
complaint
before
any
14
court
of
competent
jurisdiction
in
the
county
where
the
offense
occurred,
15
for
a
violation
of:
(i)
the
provisions
of
subsections
(1),
(2),
(7),
(8),
16
or
(9)
of
section
36
-
2113,
Idaho
Code;
or
(ii)
any
regulation
promulgated
17
pursuant
to
subsection
(d)
of
section
36
-
2107
(c)
,
Idaho
Code.
18
(b)
Any
person
convicted
of
any
violation
enumerated
in
subsection
19
(a)
of
this
section
shall
be
guilty
of
a
misdemeanor
and,
upon
conviction
20
thereof,
shall
be
punished
as
provided
in
section
36
-
2117,
Idaho
Code.
Fifty
21
percent
(50%)
of
all
fines
and
forfeitures
collected
shall
be
paid
to
the
22
outfitters
and
guides
licensing
board
and
such
moneys
so
received
by
the
23
board
shall
be
deposited
with
the
state
treasurer
and
the
state
treasurer
24
shall
credit
the
same
to
the
occupational
licenses
fund
and
fifty
percent
25
(50%)
of
all
fines
and
forfeitures
collected
shall
be
distributed
in
accor
-
26
dance
with
section
19
-
4705,
Idaho
Code.
27
SECTION
81.
That
Section
54
-
314,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
54
-
314.
DISCIPLINE
-
-
INJUNCTION.
(1)
The
board
shall
have
the
author
-
30
ity
to
sanction
any
license
issued
pursuant
to
the
provisions
of
this
chapter
31
for
any
of
the
following:
32
(a)
Fraud
or
deception
in
applying
for,
procuring
or
renewing
a
license
33
under
this
chapter;
34
(b)
Fraud
or
deceit
in
the
practice
of
architecture
or
in
procuring
any
35
contract
in
the
practice
of
architecture;
36
(c)
Incompetence
or
gross
negligence
or
recklessness
in
the
practice
of
37
architecture;
38
(d)
A
conviction,
finding
of
guilt,
receipt
of
a
withheld
judgment
or
39
suspended
sentence
in
this
or
any
other
state,
territory,
country
or
ju
-
40
risdiction
for
a
felony
or
a
misdemeanor,
which
misdemeanor
involved
41
a
violation
of
the
provisions
of
this
chapter,
a
willful
violation
of
42
state
or
local
building
codes,
or
a
violation
of
other
laws
relating
to
43
the
public
health
and
safety
and
was
committed
in
the
course
of
practic
-
44
ing
architecture;
45
(e)
Affixing
his
signature
to,
or
impressing
his
seal
on,
any
plans,
46
drawings,
specifications
or
other
instruments
of
service
that
have
not
47

47
been
prepared
by
him
or
under
his
responsible
control
or
permitting
his
1
name
to
be
used
for
the
purpose
of
assisting
any
person
who
is
not
a
li
-
2
censed
architect
to
evade
the
provisions
of
this
chapter;
3
(f)
Receiving
rebates,
commissions,
grants
of
money
or
other
favors
in
4
connection
with
the
work
without
the
knowledge
of
the
party
for
whom
he
5
is
working
or
having
a
pecuniary
interest
in
the
performance
of
the
con
-
6
tract
for
the
work
designed,
planned
or
supervised
by
him
without
the
7
knowledge
and
consent
of
the
owner;
8
(g)
Unethical
or
unprofessional
conduct
as
defined
by
the
rules
of
the
9
board
or
the
code
of
ethics
established
by
the
rules
of
the
board;
10
(h)
Practicing
architecture
or
representing
oneself
as
a
licensed
ar
-
1
1
chitect
when
unlicensed
in
violation
of
licensing
laws
of
the
jurisdic
-
12
tion
in
which
the
conduct
took
place;
13
(i)
Having
had
any
professional
or
occupational
license
revoked,
sus
-
14
pended
or
otherwise
disciplined
in
Idaho
or
any
other
state,
territory,
15
country
or
jurisdiction;
16
(j)
Failing
to
maintain
the
requirements
for
a
license,
including
not
17
fulfilling
the
continuing
education
requirement
for
license
renewal
18
established
by
the
board
in
rule;
19
(k)
Failing
to
comply
with
a
board
order;
or
20
(l)
Violating
any
of
the
provisions
of
this
chapter
or
any
of
the
rules
21
promulgated
by
the
board
under
the
authority
of
this
chapter.
22
(2)
Sanctions
that
the
board
may
impose
include
one
(1)
or
more
of
the
23
following:
24
(a)
Refusal
to
grant
or
renew
a
license;
25
(b)
Revocation
of
a
license;
26
(c)
Suspension
of
a
license
for
a
period
not
to
exceed
two
(2)
years;
27
(d)
Restriction
of
a
license
to
prohibit
the
offender
from
performing
28
certain
acts
or
from
engaging
in
the
practice
of
architecture
in
a
par
-
29
ticular
manner
for
a
period
not
to
exceed
two
(2)
years;
30
(e)
Placement
of
the
offender
on
probation
and
supervision
by
the
board
31
for
a
period
not
to
exceed
two
(2)
years;
and
32
(f)
Imposition
of
an
administrative
fine
not
to
exceed
two
thousand
33
dollars
($2,000)
per
violation.
34
(3)
The
procedures
for
disciplinary
proceedings
shall
be
in
compliance
35
with
the
Idaho
administrative
procedure
act,
the
Idaho
rules
of
administra
-
36
tive
procedure,
and
the
division
of
occupational
and
professional
licenses.
37
(4)
The
board
or
any
Any
resident
citizen
may
maintain
an
action
in
eq
-
38
uity
in
the
name
of
the
state
of
Idaho
to
enjoin
perpetually
any
person,
firm,
39
company,
corporation
or
partnership
from
persisting
in
the
doing
of
any
acts
40
constituting
a
violation
of
this
chapter.
Such
action
shall
be
brought
in
41
the
district
court
of
the
county
in
which
said
act
or
acts
or
some
of
them
42
are
claimed
to
have
been
or
are
being
committed
by
filing
a
complaint
setting
43
forth
the
acts.
The
court,
or
a
judge
thereof
at
chambers,
if
satisfied
from
44
the
complaint
or
by
affidavits
that
the
acts
complained
of
have
been
or
are
45
being
committed
and
will
probably
be
persisted
in,
may
issue
a
temporary
writ
46
enjoining
the
defendant
from
the
commission
of
any
such
act
or
acts
pending
47
final
disposition
of
the
case.
The
case
shall
proceed
as
in
other
cases
for
48
injunction.
If
at
the
trial
the
commission
of
the
act
or
acts
by
the
defen
-
49
dant
is
established,
and
the
court
further
finds
that
it
is
probable
that
50

48
the
defendant
will
continue
therein
or
in
similar
violations,
the
court,
or
1
a
judge
thereof
at
chambers,
shall
enter
a
decree
perpetually
enjoining
the
2
defendant
from
thereafter
committing
said
or
similar
acts.
3
SECTION
82.
That
Section
54
-
712,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
54
-
712.
DISCIPLINE
BY
THE
BOARD
-
-
GROUNDS.
Any
license
or
permit
is
-
6
sued
under
the
provisions
of
this
chapter
shall
be
subject
to
restriction,
7
suspension,
revocation
or
other
discipline
pursuant
to
the
provisions
of
8
section
s
54
-
707
and
54
-
713
,
Idaho
Code,
if
the
board
finds
that
the
licensee:
9
(1)
Has
been
convicted,
found
guilty,
or
received
a
withheld
judgment
10
or
suspended
sentence
in
this
or
any
other
state
of
a
crime
that
is
deemed
1
1
relevant
in
accordance
with
section
67
-
9411(1),
Idaho
Code;
12
(2)
Used
false,
fraudulent
or
forged
statements
or
documents,
diplo
-
13
mas
or
credentials
in
connection
with
any
licensing
or
other
requirements
of
14
this
chapter
or
misrepresented
or
concealed
a
material
fact
in
obtaining
li
-
15
censing,
renewal
or
reinstatement;
16
(3)
Practiced
chiropractic
under
a
false
or
assumed
name
in
this
or
any
17
other
state;
18
(4)
Advertised
the
practice
of
chiropractic
in
a
false,
misleading
or
19
deceptive
manner;
20
(5)
Knowingly
aided
or
abetted
any
person
to
practice
chiropractic
21
who
is
not
authorized
to
practice
chiropractic
as
provided
in
this
chapter
22
or
failed
to
adequately
supervise
auxiliary
staff
who
have
contact
with
23
patients
that
creates
or
results
in
an
unreasonable
risk
of
harm
to
the
pa
-
24
tient;
25
(6)
Is
unable
to
obtain
or
renew
a
license
to
practice
chiropractic,
or
26
whose
license
to
practice
chiropractic
has
been
restricted,
revoked
or
sus
-
27
pended
by
any
other
state,
territory
or
district
of
the
United
States
or
for
-
28
eign
jurisdiction;
a
certified
copy
of
the
order
shall
be
conclusive
evi
-
29
dence
of
any
restriction,
revocation
or
suspension
of
a
license;
30
(7)
Failed
to
safeguard
the
confidentiality
of
chiropractic
records
or
31
other
chiropractic
information
pertaining
to
identifiable
clients,
except
32
as
required
or
authorized
by
law;
33
(8)
Practiced
chiropractic
when
a
license
pursuant
to
this
chapter
is
34
suspended,
revoked,
or
inactive
due
to
failure
to
renew
the
license
within
35
the
time
and
manner
required
by
the
board;
36
(9)
Refused
to
divulge
to
the
board,
upon
demand,
the
means,
method,
de
-
37
vice
or
instrumentality
used
in
the
treatment
of
a
disease,
injury,
ailment,
38
or
infirmity;
39
(10)
Has
engaged
in
any
conduct
that
constitutes
an
abuse
or
exploita
-
40
tion
of
a
patient
arising
out
of
the
trust
and
confidence
placed
in
the
li
-
41
censee
by
the
patient;
42
(11)
Has
committed
any
act
that
constitutes
a
crime
that
is
deemed
rele
-
43
vant
in
accordance
with
section
67
-
9411(1),
Idaho
Code;
44
(12)
Is
unable
to
practice
chiropractic
with
reasonable
skill
and
45
safety
by
reason
of:
46
(a)
Mental
illness;
47
(b)
Physical
illness,
including
but
not
limited
to
physical
deteriora
-
48
tion
that
adversely
affects
cognitive,
motor
or
perceptive
skills;
49

49
(c)
Habitual
or
excessive
use
or
abuse
of
drugs
defined
in
law
as
con
-
1
trolled
substances,
alcohol,
or
any
other
substances
that
impair
abil
-
2
ity;
or
3
(d)
Having
a
communicable,
contagious
or
infectious
disease
that
en
-
4
dangers
the
health
of
patients;
5
(13)
Has
violated
the
standard
of
care
or
code
of
ethics
as
adopted
by
6
the
board
or
misrepresented
or
committed
fraud
in
any
aspect
of
the
business
7
or
practice
of
chiropractic;
8
(14)
Promoted
unnecessary
or
inefficacious
treatment,
procedures,
de
-
9
vices
or
services
or
practiced
in
an
incompetent
or
negligent
manner
result
-
10
ing
in
or
creating
an
unreasonable
risk
of
harm;
or
1
1
(15)
Has
violated
any
provision
of
this
act
or
any
rule
promulgated
by
12
the
board
for
the
administration
or
enforcement
of
this
act,
interfered
with
13
the
board's
conduct
of
investigations,
hearings
or
any
other
matters
relat
-
14
ing
to
discipline,
including
but
not
limited
to
misrepresenting
facts,
at
-
15
tempting
to
influence
witnesses
or
failing
to
answer
subpoenas,
or
otherwise
16
failed
to
cooperate
with
the
board
in
the
fulfillment
of
its
duties.
17
SECTION
83.
That
Section
54
-
905,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
54
-
905.
UNLAWFUL
PRACTICE
OF
DENTISTRY.
(1)
Any
person
who
shall
prac
-
20
tice,
or
shall
in
any
manner
hold
himself
out
to
any
other
person,
or
to
the
21
public,
as
qualified
or
licensed
to
practice
dentistry,
or
who
represents
22
himself
to
be
a
dentist,
within
the
state
of
Idaho,
without
at
the
time
23
thereof
being
a
dentist,
shall
be
guilty
of
a
misdemeanor
and
upon
conviction
24
thereof
shall
be
fined
not
less
than
one
thousand
dollars
($1,000)
nor
more
25
than
three
thousand
dollars
($3,000),
or
be
imprisoned
in
the
county
jail
for
26
not
less
than
thirty
(30)
days
nor
more
than
six
(6)
months,
or
both.
27
(2)
Each
act
of
practice,
or
holding
out,
or
representation,
shall
con
-
28
stitute
a
separate
offense.
In
addition,
a
person
found
guilty
of
violating
29
the
provisions
of
this
section
for
commercial
gain
may
be
assessed
a
civil
30
penalty
by
the
court,
commensurate
with
the
gain
realized
by
the
defendant,
31
of
up
to
twenty
-
five
thousand
dollars
($25,000)
for
each
violation
of
the
32
provisions
of
this
section.
The
civil
penalty
collected
by
the
court
shall
33
be
remitted
to
the
general
fund
of
the
state.
34
(2)
Conviction
under
the
provisions
of
this
section
shall
not
prevent
35
issuance
of
an
injunction
as
provided
in
section
54
-
933,
Idaho
Code.
36
SECTION
84.
That
Section
54
-
906,
Idaho
Code,
be,
and
the
same
is
hereby
37
amended
to
read
as
follows:
38
54
-
906.
UNLAWFUL
PRACTICE
OF
DENTAL
HYGIENE.
(1)
Any
person,
not
a
39
dentist,
who
shall
practice,
or
shall
in
any
manner
hold
himself
out
to
any
40
other
person,
or
to
the
public,
as
qualified
or
licensed
to
practice
dental
41
hygiene
within
the
state
of
Idaho
without
at
the
time
being
a
licensed
dental
42
hygienist,
or
who
performs
any
act,
function,
or
service
permitted
a
dental
43
hygienist
by
this
act
without
the
supervision
of
a
dentist
as
specified
by
44
the
rules
of
the
board,
shall
be
guilty
of
a
misdemeanor
and
upon
conviction
45
shall
be
fined
not
less
than
one
hundred
dollars
($100)
nor
more
than
three
46

50
hundred
dollars
($300),
or
be
imprisoned
in
the
county
jail
for
not
less
than
1
thirty
(30)
days
nor
more
than
six
(6)
months,
or
both.
2
(2)
Each
act
of
practice,
or
holding
out,
or
representation
shall
con
-
3
stitute
a
separate
offense.
4
(2)
Conviction
under
the
provisions
of
this
section
shall
not
prevent
5
issuance
of
an
injunction
as
provided
in
section
54
-
933,
Idaho
Code.
6
SECTION
85.
That
Section
54
-
906A,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
54
-
906A.
UNLAWFUL
PRACTICE
OF
DENTAL
THERAPY.
(1)
Any
person,
not
a
9
dentist,
who
shall
practice
or
in
any
manner
hold
himself
out
to
any
other
10
person
or
to
the
public
as
qualified
or
licensed
to
practice
dental
therapy
1
1
within
the
state
of
Idaho
without
at
the
time
being
a
licensed
dental
thera
-
12
pist,
or
who
performs
any
act,
function,
or
service
that
is
permitted
a
den
-
13
tal
therapist
by
this
chapter
without
the
supervision
of
a
dentist
as
speci
-
14
fied
by
the
rules
of
the
board,
shall
be
guilty
of
a
misdemeanor
and
upon
con
-
15
viction
shall
be
fined
no
less
than
one
hundred
dollars
($100)
nor
more
than
16
three
hundred
dollars
($300),
or
be
imprisoned
in
the
county
jail
for
no
less
17
than
thirty
(30)
days
nor
more
than
six
(6)
months,
or
both.
18
(2)
Each
act
of
practice,
or
holding
out,
or
representation
shall
con
-
19
stitute
a
separate
offense.
20
(2)
Conviction
under
the
provisions
of
this
section
shall
not
prevent
21
issuance
of
an
injunction
as
provided
in
section
54
-
933,
Idaho
Code.
22
SECTION
86.
That
Section
54
-
1129,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
54
-
1129.
DECLARATION
OF
INTENT.
It
is
the
purpose
of
sections
54
-
1129
25
through
54
-
1138,
Idaho
Code,
to
provide
for
the
certification
of
licensed
26
funeral
establishments
selling
or
offering
for
sale
prearrangement
sales
27
contracts,
to
provide
for
the
creation
and
administration
of
prearrangement
28
sales
contract
trust
funds
to
assure
funds
for
the
performance
to
purchasers
29
who
contract
through
prearrangement
sales
contracts
for
the
purchase
of
30
funeral
and
cemetery
merchandise
and
funeral
and
cemetery
services,
and
to
31
provide
for
the
disbursement
and
allocation
of
trust
funds
upon
the
cer
-
32
tified
seller's
performance
of
its
contractual
obligations.
The
sections
33
of
Idaho
Code
specified
herein
shall
not
affect
the
provisions
of
sections
34
54
-
1101
through
54
-
1121
and
sections
54
-
1127
and
section
54
-
1128,
Idaho
35
Code.
36
SECTION
87.
That
Section
54
-
1212,
Idaho
Code,
be,
and
the
same
is
hereby
37
amended
to
read
as
follows:
38
54
-
1212.
GENERAL
REQUIREMENTS
FOR
EXAMINATION
AND
LICENSE.
Except
as
39
herein
otherwise
expressly
provided,
no
license
as
a
professional
engineer
40
or
professional
land
surveyor,
or
certification
as
an
engineer
intern
or
41
land
surveyor
intern,
shall
be
issued
until
an
applicant
has
successfully
42
passed
an
examination
given
by
or
approved
by
the
board,
nor
shall
a
license
43
as
a
professional
engineer
or
professional
land
surveyor,
or
certification
44
as
an
engineer
intern
or
land
surveyor
intern,
be
issued
to
an
applicant
hav
-
45

51
ing
habits
or
character
that
would
justify
revocation
or
suspension
of
his
1
license
or
certificate
,
as
provided
in
section
54
-
1220,
Idaho
Code
.
Except
2
for
military
personnel
stationed
in
the
state
of
Idaho
on
military
orders
and
3
except
for
persons
employed
full
-
time
in
the
state
of
Idaho,
only
residents
4
of
the
state
of
Idaho
and
students
enrolled
at
an
Idaho
university
or
college
5
may
qualify
for
initial
licensure.
The
following
shall
be
considered
as
6
minimum
evidence
satisfactory
to
the
board
that
the
applicant
is
qualified
7
for
certification
as
an
intern
or
licensure
as
a
professional
engineer
or
8
professional
land
surveyor:
9
(1)
As
a
professional
engineer:
10
(a)
Graduation
from
an
approved
engineering
program
of
four
(4)
years
1
1
or
more
in
a
school
or
college
approved
by
the
board
as
being
of
sat
-
12
isfactory
standing,
passage
of
examinations
on
the
fundamentals
of
13
engineering
and
professional
engineering
acceptable
to
the
board,
and
14
a
specific
record,
after
graduation,
of
an
additional
four
(4)
years
or
15
more
of
progressive
experience
in
engineering
work
of
a
grade
and
char
-
16
acter
satisfactory
to
the
board
and
indicating
that
the
applicant
is
17
competent
to
practice
professional
engineering;
or
18
(b)
Graduation
with
a
bachelor's
degree
in
a
related
science
from
a
19
school
or
college
approved
by
the
board,
and
evidence
satisfactory
20
to
the
board
that
the
applicant
possesses
knowledge
and
skill
approx
-
21
imating
that
attained
through
graduation
from
an
approved
four
(4)
22
year
engineering
program,
passage
of
examinations
on
the
fundamentals
23
of
engineering
and
professional
engineering
acceptable
to
the
board,
24
and
a
specific
record,
after
graduation,
of
four
(4)
years
or
more
of
25
progressive
experience
in
engineering
work
of
a
grade
and
character
26
satisfactory
to
the
board
and
indicating
that
the
applicant
is
compe
-
27
tent
to
practice
professional
engineering.
28
(2)
As
a
professional
land
surveyor:
29
(a)
Graduation
from
an
approved
surveying
program
of
four
(4)
years
or
30
more
in
a
school
or
college
approved
by
the
board
as
being
of
satisfac
-
31
tory
standing,
passage
of
examinations
on
the
fundamentals
of
survey
-
32
ing
and
professional
land
surveying
acceptable
to
the
board,
and
a
spe
-
33
cific
record
of
an
additional
four
(4)
years
or
more
of
progressive
com
-
34
bined
office
and
field
experience
in
land
surveying
work
of
a
grade
and
35
character
satisfactory
to
the
board
and
indicating
that
the
applicant
36
is
competent
to
practice
professional
land
surveying;
or
37
(b)
Graduation
with
a
bachelor's
degree
in
a
related
program
from
38
a
school
or
college
approved
by
the
board
as
being
of
satisfactory
39
standing,
and
evidence
satisfactory
to
the
board
that
the
applicant
40
possesses
knowledge
and
skill
approximating
that
attained
through
41
graduation
from
an
approved
four
(4)
year
surveying
program,
passage
42
of
examinations
on
the
fundamentals
of
surveying
and
professional
land
43
surveying
acceptable
to
the
board,
and
a
specific
record
of
an
addi
-
44
tional
four
(4)
years
or
more
of
progressive
combined
office
and
field
45
experience
in
land
surveying
work
of
a
grade
and
character
satisfactory
46
to
the
board
and
indicating
that
the
applicant
is
competent
to
practice
47
land
surveying.
48
(3)
As
an
engineer
intern:
49

52
(a)
Passage
of
an
examination
on
the
fundamentals
of
engineering
and
1
graduation
from
an
approved
engineering
program
of
four
(4)
years
or
2
more
in
a
school
or
college
approved
by
the
board
as
being
of
satisfac
-
3
tory
standing
and
indicating
that
the
applicant
is
competent
to
enroll
4
as
an
engineer
intern;
5
(b)
Passage
of
an
examination
on
the
fundamentals
of
engineering
and
6
graduation
with
a
bachelor's
degree
in
a
related
science
from
a
school
7
or
college
approved
by
the
board,
and
evidence
satisfactory
to
the
board
8
that
the
applicant
possesses
knowledge
and
skill
approximating
that
9
attained
through
graduation
from
an
approved
four
(4)
year
engineering
10
program
and
indicating
that
the
applicant
is
competent
to
be
enrolled
as
1
1
an
engineer
intern;
or
12
(c)
Passage
of
an
examination
on
the
fundamentals
of
engineering
and
13
graduation
with
an
engineering
master's
or
doctoral
degree
approved
by
14
the
board,
evidence
satisfactory
to
the
board
that
the
applicant
pos
-
15
sesses
knowledge
and
skill
approximating
that
attained
through
gradua
-
16
tion
from
an
approved
four
(4)
year
engineering
program
and
indicating
17
that
the
applicant
is
competent
to
be
enrolled
as
an
engineer
intern.
18
(d)
In
the
event
the
applicant
passes
the
examination
prior
to
gradua
-
19
tion
under
the
provisions
of
paragraph
(a),
(b)
or
(c)
of
this
subsec
-
20
tion,
a
certificate
will
be
issued
only
after
the
applicant
graduates.
21
(4)
As
a
land
surveyor
intern:
22
(a)
Passage
of
an
examination
on
the
fundamentals
of
surveying
and
23
graduation
from
an
approved
surveying
program
of
four
(4)
years
or
more
24
in
a
school
or
college
approved
by
the
board
as
being
of
satisfactory
25
standing
and
indicating
that
the
applicant
is
competent
to
be
enrolled
26
as
a
land
surveyor
intern;
or
27
(b)
Passage
of
an
examination
on
the
fundamentals
of
surveying
and
28
graduation
with
a
bachelor's
degree
in
a
related
program
from
a
school
29
or
college
approved
by
the
board,
evidence
satisfactory
to
the
board
30
that
the
applicant
possesses
knowledge
and
skill
approximating
that
31
attained
through
graduation
from
an
approved
four
(4)
year
surveying
32
program
and
indicating
that
the
applicant
is
competent
to
be
enrolled
as
33
a
land
surveyor
intern.
34
(c)
In
the
event
the
applicant
passes
the
examination
prior
to
grad
-
35
uation
from
college
under
the
provisions
of
paragraph
(a)
or
(b)
of
36
this
subsection,
a
certificate
shall
be
issued
only
after
the
applicant
37
graduates.
38
In
counting
years
of
experience
for
licensure
as
a
professional
engi
-
39
neer
or
professional
land
surveyor,
the
board
may,
at
its
discretion,
give
40
credit,
not
in
excess
of
one
(1)
year,
for
satisfactory
graduate
study
toward
41
a
master's
degree
and
not
in
excess
of
an
additional
one
(1)
year
for
satis
-
42
factory
graduate
study
toward
a
doctorate
degree.
In
the
event
an
applicant
43
obtains
a
doctorate
degree
without
first
obtaining
a
master's
degree,
the
44
board
may,
at
its
discretion,
give
credit,
not
in
excess
of
two
(2)
years.
45
In
considering
the
combined
education
and
experience
qualifications
of
46
applicants,
the
board
shall
consider
engineering
teaching,
land
surveying
47
teaching,
each
year
of
satisfactory
completion
of
undergraduate
college
48
education,
advanced
degrees
in
engineering
and
advanced
degrees
in
land
49

53
surveying
in
establishing
the
applicants'
minimum
composite
knowledge
and
1
skill.
2
The
mere
execution,
as
a
contractor,
of
work
designed
by
a
professional
3
engineer,
or
the
supervision
of
the
construction
of
such
work
as
a
foreman
or
4
superintendent,
shall
not
be
deemed
to
be
the
practice
of
engineering,
but
5
if
such
experience,
in
the
opinion
of
the
board,
has
involved
responsible
su
-
6
pervision
of
a
character
that
will
tend
to
expand
the
engineering
knowledge
7
and
skill
of
the
applicant,
the
board
may
in
its
discretion
give
such
credit
8
therefor
as
it
may
deem
proper.
9
Any
person
having
the
necessary
qualifications
prescribed
in
this
chap
-
10
ter
that
otherwise
entitle
him
for
initial
licensure
or
certification
shall
1
1
be
eligible
although
he
may
not
be
practicing
his
profession
at
the
time
of
12
making
his
application.
13
The
board
may
postpone
acting
on
an
application
for
certification
or
li
-
14
censure
if
disciplinary
or
criminal
action
related
to
the
applicant's
prac
-
15
tice
has
been
taken
or
is
pending
in
any
other
jurisdiction.
The
board
may
16
postpone
the
notification
of
examination
results
to
applicants
on
any
exam
-
17
ination
if
there
is
any
unresolved
examination
irregularity
involving
the
18
applicant.
The
board
may
investigate
and
adjudicate
the
validity
of
exami
-
19
nation
irregularities
and
if
the
examination
irregularities
are
substanti
-
20
ated,
the
board
may
invalidate
the
examination
result
of
the
applicant.
21
SECTION
88.
That
Section
54
-
1222,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
54
-
1222.
VIOLATIONS
AND
PENALTIES
-
-
PROSECUTION
OF
OFFENSES
.
Any
24
person
who
shall
practice,
or
offer
to
practice,
professional
engineering
25
or
professional
land
surveying
in
this
state
without
being
licensed
in
ac
-
26
cordance
with
the
provisions
of
this
chapter,
or
any
person
presenting
or
27
attempting
to
use
as
his
own
the
license
or
the
seal
of
another,
or
any
person
28
who
shall
give
any
false
or
forged
evidence
of
any
kind
to
the
board
or
to
29
any
member
thereof
in
obtaining
a
license
or
certificate,
or
any
person
who
30
shall
falsely
impersonate
any
other
licensee
of
like
or
different
name,
or
31
any
person
who
shall
attempt
to
use
an
expired
or
revoked
license
or
practice
32
at
any
time
during
a
period
the
board
has
suspended
or
revoked
his
license,
or
33
any
person
who
shall
violate
any
of
the
provisions
of
this
chapter,
shall
be
34
guilty
of
a
misdemeanor.
35
Legal
counsel
selected
by
the
board,
or
the
attorney
general
of
this
36
state
or
anyone
designated
by
him
may
act
as
legal
advisor
of
the
board.
It
37
shall
be
the
duty
of
the
attorney
general
of
this
state
to
enforce
the
pro
-
38
visions
of
this
chapter
relating
to
unlicensed
practice
and
to
prosecute
39
any
unlicensed
person
violating
the
same.
The
attorney
general
shall
be
40
reimbursed
by
the
board
for
any
fees
and
expenses
incurred
by
the
attorney
41
general
in
representing
the
board
or
prosecuting
unlicensed
persons.
42
SECTION
89.
That
Section
54
-
1502A,
Idaho
Code,
be,
and
the
same
is
43
hereby
amended
to
read
as
follows:
44
54
-
1502A.
NONLICENSED
PERSONS
-
-
PENALTIES
AND
REMEDIES.
(1)
The
45
board
may
investigate
any
person
engaged
in
the
practice
of
optometry
within
46
the
state
of
Idaho
or
any
person
believed
to
have
acted
as
an
optometrist
47

54
without
being
duly
licensed
as
required
by
this
chapter.
Upon
receipt
of
1
a
written
complaint,
the
board
shall
perform
an
investigation
of
the
facts
2
alleged.
If
the
board
investigation
reveals
that
the
facts
alleged
or
re
-
3
ceived
are
sufficient
to
proceed
with
formal
action,
the
board
may
authorize
4
the
filing
of
an
administrative
complaint
against
the
person
and
may
seek
5
injunctive
relief
prohibiting
such
person
from
engaging
in
the
practice
of
6
optometry.
In
addition
or
alternatively,
the
board
may
refer
violators
of
7
the
provisions
of
this
chapter
for
prosecution
pursuant
to
section
54
-
1513,
8
Idaho
Code.
9
(2)
(1)
Each
violation
of
the
provisions
of
section
54
-
1502,
Idaho
10
Code,
shall,
upon
conviction,
result
in
a
fine
in
an
amount
not
to
exceed
one
1
1
thousand
dollars
($1,000),
or
imprisonment
in
the
county
jail
for
not
less
12
than
thirty
(30)
days
but
not
more
than
ninety
(90)
days,
or
by
both
such
fine
13
and
imprisonment.
14
(3)
(2)
The
assessment
of
costs
and
fees
incurred
in
the
investigation
15
and
prosecution
or
defense
of
a
person
under
this
section
shall
be
governed
16
by
the
provisions
of
section
12
-
117(5),
Idaho
Code.
17
SECTION
90.
That
Section
54
-
1732,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
54
-
1732.
VIOLATIONS
AND
PENALTIES.
(1)
No
drug
outlet
designated
in
20
section
54
-
1729,
Idaho
Code,
shall
be
operated
until
a
certificate
has
been
21
issued
to
said
facility
by
the
board.
Upon
the
finding
of
a
violation
of
this
22
subsection,
the
board
may
impose
one
(1)
or
more
of
the
penalties
enumerated
23
in
section
54
-
1728,
Idaho
Code.
24
(2)
Reinstatement
of
a
certificate
that
has
been
suspended,
revoked
25
or
restricted
by
the
board
may
be
granted
in
accordance
with
the
procedures
26
specified
in
section
54
-
1728
(7)
,
Idaho
Code.
27
(3)
The
following
acts,
or
the
failure
to
act,
and
the
causing
of
any
28
such
act
or
failure
are
unlawful:
29
(a)
The
sale,
delivery
or
administration
of
any
prescription
drug
30
or
legend
drug,
except
an
emergency
medication
pursuant
to
section
31
54
-
1735,
Idaho
Code,
unless:
32
(i)
Such
legend
drug
is
dispensed
or
delivered
by
a
pharmacist
or
33
prescriber
upon
an
original
prescription,
drug
order
or
prescrip
-
34
tion
drug
order
by
a
practitioner
in
good
faith
in
the
course
of
his
35
practice.
Any
person
violating
the
provisions
of
this
subpara
-
36
graph
shall
be
guilty
of
a
felony
and
on
conviction
thereof
shall
37
be
imprisoned
in
the
state
penitentiary
for
a
term
not
to
exceed
38
three
(3)
years,
or
punished
by
a
fine
of
not
more
than
five
thou
-
39
sand
dollars
($5,000),
or
by
both
such
fine
and
imprisonment;
or
40
(ii)
In
the
case
of
a
legend
drug
dispensed
to
a
person,
there
is
41
a
label
affixed
to
the
immediate
container
in
which
such
drug
is
42
dispensed.
Any
person
violating
this
subparagraph
shall
be
guilty
43
of
a
misdemeanor
and
upon
conviction
thereof
shall
be
fined
not
44
more
than
five
hundred
dollars
($500).
Nothing
in
this
subpara
-
45
graph
prohibits
a
practitioner
from
delivering
professional
sam
-
46
ples
of
legend
drugs
in
their
original
containers
in
the
course
of
47
his
practice
when
oral
directions
for
use
are
given
at
the
time
of
48
such
delivery.
49

55
(b)
The
refilling
of
any
prescription
or
drug
order
for
a
legend
drug,
1
except
as
designated
on
the
prescription
or
drug
order
or
by
the
autho
-
2
rization
of
the
practitioner.
Any
person
guilty
of
violating
the
pro
-
3
visions
of
this
paragraph
shall
be
guilty
of
a
misdemeanor
and
upon
con
-
4
viction
thereof
shall
be
incarcerated
in
the
county
jail
for
a
term
not
5
to
exceed
one
(1)
year
or
punished
by
a
fine
of
not
more
than
one
thousand
6
dollars
($1,000),
or
by
both
such
fine
and
incarceration.
7
(c)
The
possession
or
use
of
a
legend
drug
or
a
precursor,
except
an
8
emergency
medication
pursuant
to
section
54
-
1735,
Idaho
Code,
by
any
9
person
unless
such
person
obtains
such
drug
on
the
prescription
or
drug
10
order
of
a
practitioner.
Any
person
guilty
of
violating
the
provisions
1
1
of
this
paragraph
shall
be
guilty
of
a
misdemeanor
and
upon
conviction
12
thereof
shall
be
incarcerated
in
the
county
jail
for
a
term
not
to
exceed
13
one
(1)
year
or
punished
by
a
fine
of
not
more
than
one
thousand
dollars
14
($1,000),
or
by
both
such
fine
and
incarceration.
15
(d)
The
wholesale
distribution
of
drugs
or
devices
by
a
pharmacy
except
16
for:
17
(i)
The
sale,
transfer,
merger
or
consolidation
of
all
or
part
of
18
the
business
of
a
pharmacy
or
pharmacies
from
or
with
another
phar
-
19
macy
or
pharmacies,
whether
accomplished
as
a
purchase
and
sale
of
20
stock
or
business
assets;
21
(ii)
The
sale
of
minimal
quantities
of
prescription
drugs
to
prac
-
22
titioners
for
office
use
or
to
dispensing
drug
outlets
for
a
spe
-
23
cific
patient
need;
24
(iii)
The
sale
of
a
prescription
drug
for
emergency
medical
rea
-
25
sons,
but
never
to
a
wholesale
distributor;
26
(iv)
Intracompany
sales
of
prescription
drugs,
meaning
any
trans
-
27
action
or
transfer
between
any
division,
subsidiary,
parent
or
af
-
28
filiated
or
related
company
under
common
ownership
and
control
of
29
a
corporate
entity,
or
any
transaction
or
transfer
between
coli
-
30
censees
or
a
colicensed
product,
but
never
to
a
wholesale
distrib
-
31
utor;
or
32
(v)
Other
exemptions
as
permitted
by
federal
law.
33
(e)
The
failure
to
keep
records
as
required
by
this
chapter.
Any
person
34
guilty
of
violating
the
provisions
of
this
paragraph
shall
be
guilty
of
35
a
misdemeanor
and
upon
conviction
thereof
shall
be
incarcerated
in
the
36
county
jail
for
a
term
not
to
exceed
one
(1)
year
or
punished
by
a
fine
37
of
not
more
than
one
thousand
dollars
($1,000),
or
by
both
such
fine
and
38
incarceration.
39
(f)
The
refusal
to
make
available
and
to
accord
full
opportunity
to
40
check
any
record,
as
required
by
the
board.
Any
person
guilty
of
vio
-
41
lating
the
provisions
of
this
paragraph
shall
be
guilty
of
a
misdemeanor
42
and
upon
conviction
thereof
shall
be
incarcerated
in
the
county
jail
for
43
a
term
not
to
exceed
one
(1)
year
or
punished
by
a
fine
of
not
more
than
44
one
thousand
dollars
($1,000),
or
by
both
such
fine
and
incarceration.
45
(g)
It
is
unlawful
to:
46
(i)
Obtain
or
attempt
to
obtain
a
legend
drug
or
procure
or
at
-
47
tempt
to
procure
the
administration
of
a
legend
drug:
by
fraud,
48
deceit,
misrepresentation
or
subterfuge;
by
the
forgery
or
alter
-
49
ation
of
a
prescription,
drug
order,
or
of
any
written
order;
by
50

56
the
concealment
of
a
material
fact;
or
by
the
use
of
a
false
name
or
1
the
giving
of
a
false
address;
2
(ii)
Communicate
information
to
a
practitioner
in
an
effort
un
-
3
lawfully
to
procure
a
legend
drug,
or
unlawfully
to
procure
the
ad
-
4
ministration
of
any
such
drug.
Any
such
communication
shall
not
be
5
deemed
a
privileged
communication;
6
(iii)
Intentionally
make
a
false
statement
in
any
prescription,
7
drug
order,
order,
report
or
record
required
by
this
chapter;
8
(iv)
For
the
purpose
of
obtaining
a
legend
drug
to
falsely
assume
9
the
title
of,
or
represent
himself
to
be,
a
manufacturer,
whole
-
10
saler,
dispenser,
prescriber,
or
other
person;
1
1
(v)
Make
or
utter
any
false
or
forged
prescription
or
false
drug
12
order
or
forged
written
order;
13
(vi)
Affix
any
false
or
forged
label
to
a
package
or
receptacle
14
containing
legend
drugs.
This
subparagraph
does
not
apply
to
law
15
enforcement
agencies
or
their
representatives
while
engaged
in
16
enforcing
state
and
federal
drug
laws;
or
17
(vii)
Wholesale
or
retail
any
prescription
or
legend
drug
to
any
18
person
in
this
state
not
entitled
by
law
to
deliver
such
drug
to
19
another.
20
Every
violation
of
paragraph
(g)(i)
through
(vi)
of
this
subsection
shall
21
be
a
misdemeanor,
and
any
person
convicted
thereof
shall
be
incarcerated
in
22
the
county
jail
for
a
term
not
to
exceed
one
(1)
year
or
fined
not
more
than
23
one
thousand
dollars
($1,000),
or
punished
by
both
such
fine
and
imprison
-
24
ment.
Any
person
violating
paragraph
(g)(vii)
of
this
subsection
is
guilty
25
of
a
felony
and
on
conviction
thereof
shall
be
imprisoned
in
the
state
peni
-
26
tentiary
for
a
term
not
to
exceed
three
(3)
years
or
punished
by
a
fine
of
not
27
more
than
five
thousand
dollars
($5,000),
or
by
both
such
fine
and
imprison
-
28
ment.
29
(4)
The
ultimate
user
of
a
legend
drug
who
has
lawfully
obtained
such
30
legend
drug
may
deliver,
without
being
registered,
the
legend
drug
to
an
-
31
other
person
for
the
purpose
of
disposal
of
the
legend
drug
if
the
person
re
-
32
ceiving
the
legend
drug
for
purposes
of
disposal
is
authorized
under
a
state
33
or
federal
law
or
regulation
to
engage
in
such
activity.
34
SECTION
91.
That
Section
54
-
1920,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
54
-
1920.
PENALTIES
-
-
INJUNCTION
.
(1)
Any
person,
firm,
copartner
-
37
ship,
corporation,
limited
liability
company,
limited
liability
partner
-
38
ship,
association
or
other
organization
acting
in
the
capacity
of
a
public
39
works
contractor
within
the
meaning
of
this
chapter,
without
a
license
as
40
herein
provided
or
fails
to
comply
with
the
provisions
of
subsection
(1),
41
(2)
or
(3)
of
section
67
-
2310,
Idaho
Code,
shall
be
guilty
of
a
misdemeanor
42
and
shall,
upon
conviction
thereof,
be
punished
by
a
fine
not
to
exceed
five
43
thousand
dollars
($5,000)
or
by
imprisonment
in
the
county
jail
for
a
term
44
not
to
exceed
one
(1)
year
or
by
both
such
fine
and
imprisonment,
at
the
dis
-
45
cretion
of
the
court.
The
same
penalties
shall
apply,
upon
conviction
to
46
any
member
of
a
copartnership,
or
to
any
construction,
managing
or
directing
47
officer
of
any
corporation,
limited
liability
company
or
limited
liability
48

57
partnership,
or
other
organization
consenting
to,
participating
in,
or
aid
-
1
ing
or
abetting
any
such
violation
of
this
chapter.
2
(2)
Every
public
officer
who
knowingly
lets
a
public
contract
to
any
3
person,
firm,
copartnership,
corporation,
limited
liability
company,
lim
-
4
ited
liability
partnership,
association
or
other
organization
who
does
not
5
hold
a
license
as
required
by
the
provisions
of
this
chapter
or
knowingly
6
fails
to
comply
with
the
provisions
of
subsection
(1)
or
(2)
of
section
7
67
-
2310,
Idaho
Code,
shall
be
guilty
of
a
misdemeanor
and
upon
conviction,
8
punishable
as
provided
in
this
section,
unless,
however,
there
be
no
quali
-
9
fied
bidder
willing
to
undertake
the
public
works
covered
by
the
contract.
10
No
person
engaged
in
the
business
or
acting
in
the
capacity
of
a
contractor,
1
1
may
bring
or
maintain
any
action
in
any
court
of
this
state
for
the
collection
12
of
compensation
for
the
performance
of
any
act
or
contract
for
which
a
li
-
13
cense
is
required
by
this
chapter
without
alleging
and
providing
that
he
was
14
a
duly
licensed
contractor
at
all
times
during
the
performance
of
such
act
or
15
contract.
16
(3)
In
addition
to
any
other
penalties
specified
in
this
section,
when
-
17
ever
any
person
violates
the
provisions
of
this
chapter
by
acting
as
a
public
18
works
contractor
without
a
license,
the
administrator
may
maintain
an
action
19
in
the
name
of
the
state
of
Idaho
to
enjoin
the
person
from
any
further
viola
-
20
tions.
Such
action
may
be
brought
either
in
the
county
in
which
the
acts
are
21
claimed
to
have
been
or
are
being
committed,
in
the
county
where
the
defen
-
22
dant
resides
or
in
Ada
county.
Upon
the
filing
of
a
verified
complaint
in
the
23
district
court,
the
court,
if
satisfied
that
the
acts
complained
of
have
been
24
or
probably
are
being
or
may
be
committed,
may
issue
a
temporary
restraining
25
order
and/or
preliminary
injunction,
without
bond,
enjoining
the
defendant
26
from
the
commission
of
any
such
act
or
acts
constituting
the
violation.
A
27
copy
of
the
complaint
shall
be
served
upon
the
defendant
and
the
proceedings
28
shall
thereafter
be
conducted
as
in
other
similar
civil
actions.
If
the
com
-
29
mission
of
the
act
or
acts
is
established,
the
court
shall
enter
a
decree
per
-
30
manently
enjoining
the
defendant
from
committing
such
act
or
acts.
If
an
in
-
31
junction
issued
under
the
provisions
of
this
section
is
violated,
the
court,
32
or
the
judge
thereof
at
chambers,
may
summarily
try
and
punish
the
offender
33
for
contempt
of
court.
34
SECTION
92.
That
Section
54
-
2118,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
54
-
2118.
VIOLATIONS
OF
CHAPTER
-
-
REMEDIES
AND
PENALTIES.
In
addition
37
to
the
disciplinary
actions
set
forth
in
section
54
-
2115,
Idaho
Code:
38
(1)
Administrative
actions.
39
(a)
Any
person
violating
the
provisions
of
this
chapter,
or
violating
40
a
board
rule,
may
be
fined
by
the
board
or
its
duly
authorized
agent
not
41
more
than
five
thousand
dollars
($5,000)
for
each
offense;
provided
42
that
each
act
on
each
day
of
violation
shall
constitute
a
separate
of
-
43
fense.
Imposition
of
a
fine
may
be
made
in
conjunction
with
any
other
44
board
administrative
action.
No
fine
may
be
assessed
unless
the
per
-
45
son
charged
was
given
notice
and
opportunity
for
a
hearing
pursuant
46
to
the
Idaho
administrative
procedure
act.
If
a
person
fined
fails
47
to
fully
pay
the
fine,
investigatory
expenses
or
reasonable
paralegal
48
and
attorney's
fees,
the
board
may
recover
such
amount
by
action
in
the
49

58
appropriate
district
court.
Any
assessment
for
costs
and
attorney's
1
fees
incurred
in
the
investigation
and
prosecution
or
defense
of
a
per
-
2
son
under
this
chapter
shall
be
governed
by
the
provisions
of
section
3
12
-
117(5),
Idaho
Code.
4
(b)
The
board
may
establish
alternatives
to
formal
disciplinary
ac
-
5
tion
for
violations
of
this
chapter
or
board
rules
that
may
include
a
6
practice
remediation
program
to
educate
and
remediate
licensees
and
7
certificate
holders
as
a
result
of
practice
deficiencies.
An
alterna
-
8
tive
to
formal
discipline
may
be
offered
by
the
board's
liaison
officer
9
to
a
licensee
or
certificate
holder
when
the
officer
has
determined,
in
10
the
officer's
sound
discretion,
after
consultation
with
and
approval
of
1
1
the
board
president
or
vice
president
if
the
president
is
unavailable,
12
that
animal
and
public
safety
will
not
be
compromised
and
the
violation
13
can
most
appropriately
be
resolved
without
formal
discipline.
To
fur
-
14
ther
the
purposes
of
an
alternative
to
discipline,
it
will
be
offered
15
only
by
or
through
the
liaison
officer
and,
unless
the
person
violates
16
its
terms,
the
full
board
will
not
be
informed
of
the
alternative
to
17
discipline
or
have
to
expressly
approve
its
terms.
An
alternative
to
18
formal
discipline
shall
not
be
available
and
may
not
be
offered
by
the
19
liaison
officer
in
any
of
the
following
circumstances:
20
(i)
Within
the
preceding
five
(5)
years,
the
person
has
been
for
-
21
mally
disciplined
by
the
board
or
been
the
subject
of
an
alterna
-
22
tive
to
discipline
under
this
subsection;
23
(ii)
The
person
is
currently
on
probation
by
the
board;
24
(iii)
The
person
is
currently
under
investigation
by
the
board
for
25
any
other
offense;
26
(iv)
Felony
charges
are
pending
against
the
person,
or
the
person
27
is
the
subject
of
a
current
criminal
investigation
involving
al
-
28
legations
that,
if
verified,
may
reasonably
be
expected
to
affect
29
the
person's
qualifications
or
eligibility
to
remain
licensed
or
30
certified
under
this
chapter;
or
31
(v)
The
act
or
omission
committed
by
the
person:
32
1.
Caused
significant
harm
to
an
animal;
33
2.
Created
a
substantial
risk
likely
to
cause
significant
34
harm
to
an
animal;
or
35
3.
Involved
fraud
or
deception.
36
Among
other
terms
and
conditions,
an
alternative
to
formal
discipline
37
may
require
the
licensee
or
certificate
holder
to
comply
with
the
in
-
38
structions
of
the
board's
liaison
officer
on
remedying
the
violation,
39
pay
a
monetary
civil
penalty
to
the
board
of
up
to
one
thousand
dollars
40
($1,000)
and
pay
all
board
investigative
expenses
and
costs
associated
41
with
the
file,
if
warranted
under
section
12
-
117(5),
Idaho
Code.
42
Upon
successful
completion
of
the
terms
and
conditions
of
the
alterna
-
43
tive
to
discipline,
the
violation
shall
not
be
considered
"discipline,"
44
shall
not
be
reported
to
any
national
disciplinary
database,
and
docu
-
45
ments
and
records
related
to
the
violation
shall
be
exempt
from
disclo
-
46
sure
under
chapter
1,
title
74,
Idaho
Code.
47
(2)
Civil
court
proceedings.
The
board,
the
attorney
general's
office,
48
a
county
prosecuting
attorney
or
any
Any
citizen
of
this
state
may
bring
an
49
action
in
the
district
court
of
either
Ada
county
or
any
county
where
a
viola
-
50

59
tion
is
occurring,
to
enjoin
any
person
from
practicing
veterinary
medicine
1
or
practicing
as
a
certified
veterinary
technician,
certified
euthanasia
2
technician
or
any
agency
operating
as
a
certified
euthanasia
agency
without
3
a
currently
valid,
active
license,
certification,
temporary
permit
or
tem
-
4
porary
certification.
If
the
court
finds
that
the
person
is
violating
the
5
provisions
of
this
chapter,
it
shall
enter
an
injunction
restraining
that
6
person
from
such
unlawful
acts.
7
(3)
Criminal
actions.
Any
person
who
practices
veterinary
medicine,
8
any
person
practicing
as
a
certified
veterinary
technician,
a
certified
eu
-
9
thanasia
technician
or
any
agency
operating
as
a
certified
euthanasia
agency
10
without
a
currently
valid,
active
license,
certification,
temporary
permit
1
1
or
temporary
certification
shall
be
guilty
of
a
misdemeanor
and
upon
convic
-
12
tion
or
withheld
judgment
shall
be
fined
not
less
than
one
hundred
dollars
13
($100),
nor
more
than
ten
thousand
dollars
($10,000),
or
incarcerated
for
no
14
more
than
one
hundred
eighty
(180)
days,
or
both
fined
and
incarcerated,
and
15
provided
that
each
act
of
such
unlawful
practice
shall
constitute
a
distinct
16
and
separate
offense.
17
(4)
The
remedies
set
forth
in
this
section
are
not
mutually
exclusive
18
and
a
successful
action
on
any
one
(1)
remedy
does
not
preclude
action
on
some
19
or
all
of
the
other
remedies.
20
SECTION
93.
That
Section
54
-
2821,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
54
-
2821.
VIOLATIONS
OF
CHAPTER.
(1)
Any
person
who
shall
practice,
or
23
offer
to
practice,
professional
geology
for
others
in
this
state
without
be
-
24
ing
registered
in
accordance
with
the
provisions
of
this
chapter,
or
any
per
-
25
son
presenting
or
attempting
to
use
as
his
own
the
certificate
of
registra
-
26
tion
or
the
seal
of
another,
or
any
person
who
shall
give
any
false
or
forged
27
evidence
of
any
kind
to
the
board
or
to
any
member
thereof
in
obtaining
a
cer
-
28
tificate
of
registration,
or
any
person
who
shall
falsely
impersonate
any
29
other
registrant
of
like
or
different
name,
or
any
person
who
shall
attempt
30
to
use
an
expired
or
a
revoked
certificate
of
registration
or
practice
at
any
31
time
during
a
period
the
board
has
suspended
or
revoked
a
certificate
of
reg
-
32
istration
or
any
person
who
shall
violate
any
of
the
provisions
of
this
chap
-
33
ter,
shall
be
guilty
of
a
misdemeanor.
34
(2)
The
board
may
employ
legal
counsel
or
may
request
the
attorney
gen
-
35
eral
of
this
state
or
any
assistant
designated
by
him
to
act
as
legal
advisor
36
of
the
board,
and
the
attorney
general
shall
be
reimbursed
by
the
board
for
37
any
expenses
incurred
by
the
attorney
general
in
representing
the
board;
and
38
all
violations
of
the
provisions
of
this
chapter
shall
be
prosecuted
by
the
39
prosecuting
attorney
of
the
county
or
counties
in
which
the
violations
of
the
40
chapter
may
be
committed.
41
SECTION
94.
That
Section
54
-
3713,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
54
-
3713.
SUSPENSION
AND
REVOCATION
OF
LICENSE
-
-
REFUSAL
TO
RENEW.
(1)
44
Subject
to
the
provisions
of
chapter
52,
title
67,
Idaho
Code,
the
board
may
45
deny
a
license
or
refuse
to
renew
a
license,
or
may
suspend
or
revoke
a
li
-
46
cense
or
may
impose
probationary
conditions
or
disciplinary
actions
set
out
47

60
in
section
54
-
3720,
Idaho
Code,
if
the
licensee
or
applicant
for
license
has
1
been
found
guilty
of
unprofessional
conduct
as
set
forth
in
section
54
-
3718,
2
Idaho
Code,
which
has
endangered
or
is
likely
to
endanger
the
health,
wel
-
3
fare,
or
safety
of
the
public.
4
(2)
A
denial,
refusal
to
renew,
suspension,
revocation,
or
imposition
5
of
probationary
conditions
upon
a
license
may
be
ordered
by
the
board
after
6
a
hearing
in
the
manner
provided
by
chapter
52,
title
67,
Idaho
Code.
An
ap
-
7
plication
for
reinstatement
may
be
made
to
the
board
one
(1)
year
from
the
8
date
of
the
revocation
of
a
license.
The
board
shall
(a)
accept
or
reject
an
9
application
for
reinstatement;
and
(b)
hold
a
hearing
to
consider
such
rein
-
10
statement.
1
1
(3)
A
suspended
license
is
subject
to
expiration
and
may
be
renewed
as
12
provided
in
this
chapter,
but
such
renewal
shall
not
entitle
the
licensee,
13
while
the
license
remains
suspended
and
until
it
is
reinstated,
to
engage
in
14
the
licensed
activity,
or
in
any
other
conduct
or
activity
in
violation
of
15
the
order
of
judgment
by
which
the
license
was
suspended.
16
(4)
A
license
revoked
on
disciplinary
grounds
is
subject
to
expiration
17
as
provided
in
this
chapter,
but
it
may
not
be
renewed.
The
licensee,
as
18
a
condition
of
reinstatement,
shall
meet
license
requirements
for
new
li
-
19
censees
and
shall
pay
a
reinstatement
fee
set
by
the
board.
20
SECTION
95.
That
Section
54
-
4014,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
54
-
4014.
ENFORCEMENT
-
-
PENALTIES.
A
person
who
violates
any
provi
-
23
sion
of
this
chapter
shall,
upon
conviction,
be
guilty
of
a
misdemeanor.
The
24
board
may
seek
an
injunction
against
any
person
who
practices
massage
ther
-
25
apy
in
violation
of
the
provisions
of
this
chapter.
26
SECTION
96.
That
Section
54
-
4119,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
54
-
4119.
PENALTY
FOR
VIOLATION.
Any
person
who
acts
as
or
holds
him
-
29
self
out
to
be,
a
state
licensed
or
certified
residential
or
state
certi
-
30
fied
general
real
estate
appraiser
within
the
meaning
of
this
chapter
with
-
31
out
first
obtaining
a
license
or
certificate
as
provided
herein,
may
be
pun
-
32
ished
by
a
fine
not
to
exceed
one
thousand
dollars
($1,000)
or
by
imprison
-
33
ment
in
the
county
jail
for
a
term
not
to
exceed
one
(1)
year,
or
by
both
such
34
fine
and
imprisonment
in
the
discretion
of
the
court.
The
board
may
prefer
35
a
complaint
for
violation
of
any
section
of
this
chapter
before
any
court
36
of
competent
jurisdiction
and
in
any
manner
prescribed
in
section
54
-
4118,
37
Idaho
Code.
38
SECTION
97.
That
Section
54
-
4133,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
54
-
4133.
ENFORCEMENT.
In
addition
to
the
powers
conferred
in
section
41
54
-
4107(2),
Idaho
Code,
the
board
may
conduct
investigations
of
AMCs
and
The
42
board
may,
after
notice
and
hearing,
censure
an
appraisal
management
com
-
43
pany,
conditionally
or
unconditionally
suspend,
revoke
or
deny
the
issuance
44
or
renewal
of
any
registration
or
any
license
issued
under
this
act
for
vio
-
45

61
lations
of
this
act,
appraisal
-
related
laws
or
rules
or
orders
of
the
board.
1
The
board
may,
in
a
final
order,
levy
fines
or
impose
civil
penalties
not
to
2
exceed
two
thousand
five
hundred
dollars
($2,500)
for
each
violation
if
the
3
board
finds
an
appraisal
management
company
is
attempting
to
perform,
has
4
performed
or
has
attempted
to
perform
any
of
the
following
acts:
5
(1)
Any
act
in
violation
of
this
act;
6
(2)
A
material
violation
of
any
rule
or
order
adopted
by
the
board;
or
7
(3)
Procuring
a
registration
or
the
renewal
of
a
registration
for
it
-
8
self
or
any
other
person
by
making
a
false
statement,
submitting
false
infor
-
9
mation
or
refusing
to
provide
complete
information
in
response
to
a
question
10
in
an
application.
1
1
SECTION
98.
That
Section
54
-
4313,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
54
-
4313.
MISREPRESENTATION
-
-
CONSUMER
PROTECTION
ACT.
(1)
The
board
14
may
bring
any
action
in
the
district
court
for
a
temporary
restraining
order,
15
preliminary
injunction,
or
permanent
injunction
against
any
person
who
vio
-
16
lates
the
provisions
of
this
chapter,
who
falsely
holds
himself
out
as
a
res
-
17
piratory
care
practitioner,
or
who
practices
or
provides
respiratory
care
in
18
violation
of
this
chapter.
19
(2)
Any
person
who
falsely
holds
himself
out
as
a
respiratory
care
prac
-
20
titioner
shall
be
guilty
of
using
a
method,
act,
or
practice
that
is
declared
21
to
be
unlawful
as
provided
in
chapter
6,
title
48,
Idaho
Code.
22
SECTION
99.
That
Section
54
-
4713,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
54
-
4713.
PENALTIES.
(1)
A
person
who
violates
any
provision
of
this
25
chapter
shall,
upon
conviction,
be
guilty
of
a
misdemeanor.
26
(2)
The
board
may
seek
injunction
against
any
person
who
practices
27
acupuncture
in
violation
of
this
chapter
and
may,
in
In
the
event
a
perma
-
28
nent
injunction
is
entered
against
such
person
or
plea
or
verdict
of
guilty
29
is
entered
in
any
criminal
matter,
impose
a
civil
penalty
in
the
amount
of
30
all
costs
and
fees
incurred
by
the
board
in
prosecuting
the
matter
may
be
31
imposed
.
32
(3)
The
representation
to
another
person
that
a
person
holds
a
license,
33
certification
or
permit
pursuant
to
this
chapter,
when
such
representa
-
34
tion
is
untrue,
constitutes
the
using
of
a
method,
act
or
practice
which
is
35
declared
to
be
unlawful
under
the
provisions
of
chapter
6,
title
48,
Idaho
36
Code.
37
SECTION
100.
That
Section
55
-
1612,
Idaho
Code,
be,
and
the
same
is
38
hereby
amended
to
read
as
follows:
39
55
-
1612.
PENALTY.
Professional
land
surveyors
failing
to
comply
with
40
the
provisions
hereof
shall
be
deemed
to
be
within
the
purview
of
section
41
54
-
1220,
Idaho
Code,
and
shall
be
subject
to
disciplinary
action
as
in
said
42
section
provided
.
43

62
SECTION
101.
That
Section
55
-
1613,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
to
read
as
follows:
2
55
-
1613.
MONUMENTS
DISTURBED
BY
CONSTRUCTION
ACTIVITIES
-
-
PROCEDURE
3
-
-
REQUIREMENTS.
The
physical
existence
and
location
of
the
monuments
of
4
property
controlling
corners
and
accessories
to
corners,
as
well
as
bench
-
5
marks
established
and
points
set
in
control
surveys
by
agencies
of
the
United
6
States
government
or
the
state
of
Idaho,
shall
be
determined
by
a
field
7
search
and
location
survey
conducted
by
or
under
the
direction
of
a
profes
-
8
sional
land
surveyor
prior
to
the
time
when
project
construction
or
related
9
activities
may
disturb
them.
Construction
documents
or
plans
prepared
by
10
professional
engineers
shall
show
the
existence
and
location
of
all
such
1
1
monuments,
accessories
to
corners,
benchmarks
and
points
set
in
control
sur
-
12
veys.
All
monuments,
accessories
to
corners,
benchmarks
and
points
set
in
13
control
surveys
that
are
lost
or
disturbed
by
construction
shall
be
reestab
-
14
lished
and
remonumented,
at
the
expense
of
the
agency
or
person
causing
their
15
loss
or
disturbance,
at
their
original
location
or
by
the
setting
of
a
wit
-
16
ness
corner
or
reference
point
or
a
replacement
benchmark
or
control
point,
17
by
or
under
the
direction
of
a
professional
land
surveyor.
Professional
18
engineers
who
prepare
construction
documents
or
plans
that
do
not
indicate
19
the
existence
and
location
of
all
such
monuments,
accessories
to
corners
and
20
benchmarks
and
points
set
in
control
surveys
by
agencies
of
the
United
States
21
government
or
the
state
of
Idaho
shall
be
deemed
to
be
within
the
purview
of
22
and
subject
to
disciplinary
action
as
provided
in
section
54
-
1220,
Idaho
23
Code
pursuant
to
section
67
-
2616,
Idaho
Code
.
24
SECTION
102.
An
emergency
existing
therefor,
which
emergency
is
hereby
25
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
26
July
1,
2026.
27