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Idaho House Health and Welfare Committee introduces five health-related RS bills, including code cleanup and controlled-substances updates
Summary
The House Health and Welfare Committee voted to introduce five rules-sponsored (RS) bills covering LPN scope-of-practice language, consolidation of long-term care boards, updates to controlled-substances schedules, a Department of Health and Welfare code cleanup, and federal Medicaid third‑party authorization compliance.
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The Idaho House Health and Welfare Committee on an introductory vote moved five RS bills forward for printing, including measures to clarify licensed practical nurse duties, merge two long‑term care licensing boards, add new substances to controlled substances schedules, update obsolete Idaho Code references to the Department of Health and Welfare, and align Medicaid third‑party authorization rules with federal law.
The measures were introduced during the committee's session, and each motion passed by voice vote. Committee members asked questions of agency staff on the code cleanup measure (RS31820), and the Board of Pharmacy's scheduling changes (RS31822) were summarized by the agency executive.
The committee’s introduction vote advances the measures to the committee bill (print) stage; no final enactment or detailed amendments occurred in this session.
Votes at a glance — RS bills introduced - RS 31,965 — Clarifies delegated duties from registered nurses to licensed practical nurses by replacing vague language with a definition that includes “performing delegated assessments.” Motion to introduce moved and approved by voice vote.
- RS 31,812 — Merges the Board of Examiners for Nursing Home Administrators and the Board of Examiners for Residential Care Facility Administrators into a single board of long‑term care. Motion to introduce moved and approved by voice vote.
- RS 31,822 — Updates the Idaho Controlled Substances Act to add 24 illicit substances (benzodiazepine derivatives, synthetic fentanyls, synthetic cannabinoids and synthetic cathinones) to Schedule I, move 23 synthetic anabolic (testosterone) derivatives to Schedule III, and add the FDA‑approved postpartum depression medication zuranolone (Zirzuvue) to Schedule IV. The Idaho Board of Pharmacy representative asked the bill be printed; no fiscal impact to the general fund was reported and the motion to introduce was approved by voice vote.
- RS 31,820 — Code cleanup and “stop doing” reorganization for Idaho Code references to the Department of Health and Welfare. The draft removes antiquated references (for example, to a former State Board of Health), transfers certain responsibilities to agencies such as the Department of Environmental Quality or the Department of Juvenile Corrections where appropriate, and removes the department from several statutory sign‑offs (including a long‑unused role related to the corrections compact and a historic role tied to pool regulation that is handled by district health boards under memoranda of understanding). Committee members asked about potential fiscal impacts; Legislative staff described much of the bill as “dead text” while flagging pool regulation as the area most likely to produce a fiscal note. The motion to introduce was approved by voice vote.
- RS 31,796 — Implements a federal requirement from the Consolidated Appropriations Act of 2020, ensuring Medicaid remains the payer of last resort and preventing non‑Medicaid third‑party payers from denying payment solely because an item or service lacked prior authorization from the third party when Medicaid would cover the service. The motion to introduce was approved by voice vote.
Committee discussion and agency answers Jared Larson, Legislative and Regulatory Affairs Chief at the Department of Health and Welfare, described RS31820 as a “stop doing list,” explaining the measure consolidates and removes outdated references to the department across Idaho Code and shifts some statutory language to agencies that now carry those functions. Larson said the most likely fiscal impacts would appear in the public‑pool regulation provisions but characterized much of the bill as correcting vestigial references.
Nikki Chopsky, Health Professions Bureau Chief at the Division of Occupational and Professional Licenses and executive officer for the Boards of Medicine, Nursing and Pharmacy, summarized RS31822 and asked the committee to print the bill for a full hearing: “I respectfully request you to print RS31822 and I will stand for your questions.” Chopsky reported the board discussed the language in two open public meetings beginning in September 2024 and that no public feedback had been received to date; she said no fiscal impact to the general fund was expected.
Representative Dore Healy introduced RS31965, saying the proposed language removes the vague phrase “contributing to” and instead clarifies that delegated tasks for LPNs may include “performing delegated assessments” to better reflect practical roles and improve safety and quality of care. Representative Wheeler moved the motion to introduce RS31965; the motion carried by voice vote.
Next steps All five RS bills were approved for printing by the committee and will return for full committee bill hearings (prints) where the members will receive line‑by‑line presentations, fiscal notes where applicable, and an opportunity for public comment. Printing does not constitute passage; it advances the bills to the next legislative step.
For the record: motions to introduce each RS passed by voice vote; the committee did not record individual roll‑call tallies in this session.
