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Committee rejects proposed 100% fee increase for Occupational Therapy licensure

Senate Health and Welfare Committee · February 2, 2026
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Summary

Senators voted to reject Docket No. 24-0601-2501, opposing a proposed 100% fee increase for occupational therapists because committee members said DOPL did not provide sufficient data and cost-benefit analysis to justify the change.

The Senate Health & Welfare Committee voted to reject a proposed rule that would have doubled most occupational therapy licensure fees, concluding the committee did not have sufficient evidence to support such a steep increase.

Orin Duffin (DOPL) outlined that the Occupational Therapy Licensure Board had a cash balance of $16,463 at the end of FY2025 (20% of the board's five-year rolling expenditures) and that the balance was expected to decline by roughly $11,000 annually, creating an anticipated deficit by FY2027. Duffin noted personnel costs had been reduced by nearly 26 percent since 2023 and described the proposed fee increase as short term.

Committee discussion highlighted procedural questions about administrative rulemaking: Lauren Smyser (Division of Financial Management) explained that because a prior motion to approve had failed without a formal motion to reject, the committee needed to reconsider the docket and that Idaho Code § 67-5291 requires a motion to reject and a finding of facts; the requirement for findings of fact was added in 2023. Senator Lenney moved to reject the docket in its entirety on the grounds that the 100 percent increase lacked sufficient supporting data, and Senator Zuiderveld seconded the motion.

On roll call Senators Harris, Zuiderveld, Lenney, Shippy, Blaylock, and Keyser voted aye; Senators Wintrow, Vice Chair Bjerke, and Chair VanOrden voted nay. The motion to reject carried, removing the proposed rule from committee approval. The committee minutes record that a substitute motion to approve failed for lack of a second and that legal counsel should be consulted for unresolved procedural questions about rule rejection and findings of fact.