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JFAC asks Health and Welfare, DOPL to draft legislation and report on moving licensing and certification out of DHW
Summary
The committee approved language requiring the Department of Health and Welfare to work with the Division of Occupational and Professional Licenses on a report — and to draft legislation — outlining what a transfer of licensing and certification would look like, prompting at least one objection in committee.
BOISE, Feb. 14, 2025 — The Joint Finance-Appropriations Committee approved language directing the Department of Health and Welfare (DHW) to collaborate with the Division of Occupational and Professional Licenses (DOPL) on a report, including draft legislation, that describes the logistics of potentially relocating DHW’s Licensing and Certification program.
Why it matters: Licensing and certification funds and operations affect provider oversight, contract nurse staffing and department operations. The committee’s language asks state agencies to study the policy, legal and operational changes a transfer would require and to return a report to JFAC by January; it does not itself move the program.
What was approved: Committee staff explained that the language would require DHW and DOPL to "work together... to talk through the logistics" of transferring the licensing and certification program. The language on the screen also included a requirement that the department "shall draft legislation" to reflect any recommended changes and produce a report for JFAC by the following January. Committee discussion included concerns about the strength of the "shall draft legislation" phrase and one recorded objection to unanimous consent. Representative Tanner moved to accept the language; Senator Cook seconded the motion and the motion passed on a recorded roll call.
Committee reaction: Sen. Wintrow objected to the unanimous consent request earlier in the exchange, saying she was uncomfortable with the mandatory drafting language. After the objection, a formal motion proceeded and carried on roll call. Representative Cook later clarified that the approved language remains a reporting and drafting requirement and does not itself change statute or transfer authority; any bill would still require legislative approval.
Next steps: DHW and DOPL are required to develop the requested report and draft legislation and submit them to JFAC per the calendar in the committee language; any actual transfer of authority would need further legislative action.
