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Committee backs bill clarifying fingerprinting for counselors is discretionary, not mandatory
Summary
Senate Bill 1018 was recommended for a do‑pass to the Senate floor. Sponsor Sen. Mark Harris said the bill clarifies fingerprinting for counselors and therapists is not automatically mandatory and that background checks may be used when the division requires them under existing law; no fiscal impact to the general fund was reported.
Senate Bill 1018, which changes statutory language about fingerprinting for counselors and therapists, was recommended for passage by the Senate Commerce and Human Resources Committee.
Senator Mark Harris (District 35) presented the bill and said it updates language in Idaho Code section 50‑435 (as cited in the hearing record) and related statutes to clarify that fingerprinting is not mandatory in every licensing instance. Instead, the bill permits the Division of Occupational and Professional Licenses to require a criminal background check under Idaho Code section 67‑94‑11(a) when the division determines it is necessary.
Harris told the committee the change responds to administrative questions and to language added last session in anticipation of an interstate counselors compact that did not pass. He said the bill does not alter rule‑making authority, licensing scope, discipline, supervision or other substantive authorities and that there is no fiscal impact to the general fund.
Senator Nichols asked whether there was industry opposition; Harris said no negative opinions were raised in the presentation. Senator Guthrie moved and Senator Ward Engleking seconded a motion to send the bill to the Senate floor with a do‑pass recommendation. The committee voted by voice; the chair announced the motion carried and that SB 1018 will be sent to the Senate floor with a due‑pass recommendation.
