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Senate committee approves RS31866 to make counselor fingerprint checks discretionary for DOPL
Summary
The Senate Commerce Committee voted to send RS31866 to print, changing a prior requirement that the Division of Occupational and Professional Licenses (DOPL) perform fingerprint-based criminal background checks for counselors and therapists so the checks are discretionary when the division determines they are necessary.
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The Idaho Senate Commerce Committee voted to send RS31866 to print after hearing from the measure’s sponsor, Senator Mark Harris. The draft clarifies that the Division of Occupational and Professional Licenses (DOPL) may require fingerprint-based criminal background checks for applicants seeking licensure as counselors and therapists, rather than being compelled to do so by the prior language in House Bill 490.
Senator Mark Harris, Legislative District 35, presented the request statute and said the change responds to the failure of an interstate compact to pass last year. “What this is… last year we passed House Bill 490 that allowed the division administrator to conduct fingerprint criminal background checks as a requirement for licensure and registration,” Harris told the committee. He said RS31866 aligns with HB 490’s intent while allowing DOPL discretion: it “makes it clear that DOPL is not absolutely required by House Bill 490 to do fingerprint-based criminal background checks, but instead can later require this for licensed applicants, counselors, and therapists if necessary.”
Harris told members the amendment is fiscally neutral and intended to help DOPL “simplify and streamline its licensing process.” Committee members raised no substantive questions on the measure. Senator Burnt moved to send RS31866 to print; Senator Guthrie seconded. The committee approved the motion by voice vote.
The action does not itself change statute; it is a request statute (RS) drafted for committee consideration and printing. No vote tally beyond a voice “aye” was recorded in the transcript.
RS31866 will be printed for formal committee consideration and any subsequent steps required before enactment.
The committee handled this item at the start of the recorded meeting, and there were no public witnesses recorded on the RS.
