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Committee approves multiple licensure and fee-rule dockets, including chiropractic and nursing-home administrator rewrites

3161311 · January 23, 2025
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Summary

The Senate Health and Welfare Committee voted to approve a series of pending and temporary rule dockets affecting multiple professional licensing boards; the genetic-counselor docket was approved with an exception removing a specific NSGC ethics clause.

The Senate Health and Welfare Committee approved several pending and temporary rule dockets on Feb. 7, 2025, affecting the rules and fee schedules of multiple professional licensing boards, including the State Board of Chiropractic Physicians, the Board of Examiners of Nursing Home Administrators, the Board of Examiners of Residential Care Facility Administrators, and the Genetic Counselor Licensure Board. The committee also approved temporary fee-decrease rules from the midwifery, dentistry and other boards.

John Price, bureau chief for the Division of Occupational and Professional Licenses’ Occupational Licensing Bureau, presented the State Board of Chiropractic Physicians’ chapter rewrite (docket 24.03.01 / docket number as recorded 2043012401). Price summarized substantive changes: a new definition for “clinical nutritional practice,” a change in continuing-education requirements from 18 hours in 12 months to 36 hours in 24 months (to align with biennial licensure), recognition of the AMA Physicians Recognition Award as a quality CE provider, expanded permitted duties for chiropractic assistants (patient education under supervising physician direction), and removal of duplicative prohibitions tied to Idaho Code Section 54-716 and FDA Title 21. The committee moved to approve the docket (motion by Senator Van Orden); it carried on a voice vote.

Cecily Metcalfe, Board Services Program Manager and executive officer for the Idaho Board of Examiners of Nursing Home Administrators, presented that board’s chapter rewrite (docket 24.09.01 / 2409012401). Metcalfe said the rewrite removes duplicative language, shifts some content (for example, examination logistics) to the exam provider, clarifies licensure pathways (including a pathway for individuals holding a health-services credential), adjusts trainee and preceptor requirements, and removes a proposed “inactive status” that lacked statutory authority. Senator Blaylock moved to approve the docket; Senator Kaiser seconded. The motion carried on a voice vote.

Metcalfe next presented the Idaho Board of Examiners of Residential Care Facility Administrators chapter rewrite (docket 24.19.01 / 2419012401). Substantive changes included a new licensure pathway for applicants holding a health-services executive credential, alignment of continuing-education cycles to biennial renewal, elimination of the jurisprudence exam (to conform with cited Idaho code), and fee adjustments consistent with the division’s 2024 appropriation (Senate Bill 1442), which raised some fees and removed authority for civil fines where not statutorily allowed. Senator Keiser moved to approve the docket; Senator Harris seconded. The motion carried on a voice vote.

On the Genetic Counselor Licensure Board docket (as recorded, docket 24.24.01/2424012401), Metcalfe said the rewrite removed requirements duplicative of national certification (American Board of Genetic Counseling or American Board of Medical Genetics) and removed an inactive-status provision. Senator Shippey moved to approve the docket with a targeted exception: he proposed excluding "number 3, section 2 within the NSGC code of ethics document in incorporation by reference." Shippey read the provision aloud during the meeting, saying it stated genetic counselors must "provide genetic counseling services to their clients regardless of their clients abilities, age, culture, religion, ethnicity, language, ****** orientation and gender identity." (The motion to adopt the docket with that exception was seconded by Senator Keiser and carried on a voice vote.)

The committee also approved multiple temporary rule fee reductions presented by Katie Stewart of the Division of Occupational and Professional Licenses. Stewart said the division is implementing intent-language direction from the 2024 legislature (Senate Bill 1442) to lower fees where cash balances allow, and that several boards added "not more than" language so boards can reduce fees in the future. Highlights Stewart gave:

- Midwifery (temporary rule docket 24.2601.2501): fees were reduced substantially after consolidation with the Board of Nursing; Stewart said application and renewal fees dropped from $200 (application) and $850 (renewal) to $35 application, $35 licensure and $35 renewal. Senator Harris moved to approve the temporary rule; the motion carried on a voice vote.

- Dentistry (temporary rule docket 24.3101.2501): the board voted to reduce fees by 25%; Senator Shippey moved to approve and Senator Blaylock seconded; the motion carried on a voice vote.

- An additional temporary-fee docket (24.3401.2501) reported average fee reductions of about 20% (for a cited example, a fee from $90 down to $70); Senator Harris moved to approve and Senator Blaylock seconded; the motion carried on a voice vote.

Committee members asked clarifying questions about course and examination burdens for some licensure paths and about the House Health and Welfare Committee having held some of these items for further information; presenters said the boards had conducted public meetings and outreach during the rulemaking process and that crosswalks and redline rulebooks were provided to the committee.

Votes at a glance (all carried on voice vote): - Docket 24.03.01 (Rules of the State Board of Chiropractic Physicians): approved; mover Senator Van Orden; second recorded as present (voice vote carried). - Docket 24.09.01 (Board of Examiners of Nursing Home Administrators): approved; mover Senator Blaylock; second Senator Kaiser; voice vote carried. - Docket 24.19.01 (Board of Examiners of Residential Care Facility Administrators): approved; mover Senator Keiser; second Senator Harris; voice vote carried. - Docket 24.24.01 (Genetic Counselor Licensure Board): approved with exception removing NSGC code-of-ethics subsection (motion by Senator Shippey; second Senator Keiser); voice vote carried. - Temporary docket 24.2601.2501 (Board of Midwifery, temporary fees): approved; mover Senator Harris; voice vote carried. - Temporary docket 24.3101.2501 (Board of Dentistry, temporary fees): approved; mover Senator Shippey; second Senator Blaylock; voice vote carried. - Temporary docket 24.3401.2501 (additional board fee reductions): approved; mover Senator Harris; second Senator Blaylock; voice vote carried.

The approvals finalize rule rewrites or temporary fee changes as presented to the committee. Where presenters reported statutory constraints or referenced statute numbers in their summaries, the committee relied on the divisions’ crosswalks and rulebooks for legal verification.