Amends, repeals, and adds to existing law to revise provisions regarding the Division of Occupational and Professional Licenses.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 505 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING; AMENDING SECTION2 36-2107, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DU-3 TIES OF THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION4 54-308, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS OF THE5 BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS; AMENDING SECTION 54-707,6 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF7 THE STATE BOARD OF CHIROPRACTIC PHYSICIANS; AMENDING SECTION 54-1208,8 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS OF THE BOARD OF9 LICENSURE OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS;10 AMENDING SECTION 54-1223, IDAHO CODE, TO REVISE PROVISIONS REGARDING11 THE SAVING CLAUSE AND EXEMPTIONS; AMENDING SECTION 54-1413, IDAHO CODE,12 TO REVISE PROVISIONS REGARDING DISCIPLINARY ACTION; AMENDING SECTION13 54-1509, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DU-14 TIES OF THE STATE BOARD OF OPTOMETRY; AMENDING SECTION 54-1728, IDAHO15 CODE, TO REVISE PROVISIONS REGARDING PENALTIES AND REINSTATEMENT IN-16 TERVALS; AMENDING SECTION 54-1806, IDAHO CODE, TO REVISE PROVISIONS17 REGARDING THE POWERS AND DUTIES OF THE STATE BOARD OF MEDICINE; AMENDING18 SECTION 54-1806A, IDAHO CODE, TO REVISE PROVISIONS REGARDING MEDICAL19 DISCIPLINARY ENFORCEMENT AND TO RENAME THE SECTION; AMENDING SECTION20 54-2206, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DU-21 TIES OF THE PHYSICAL THERAPY LICENSURE BOARD; AMENDING SECTION 54-2305,22 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS OF THE BOARD OF23 PSYCHOLOGIST EXAMINERS; AMENDING SECTION 54-2412, IDAHO CODE, TO RE-24 VISE PROVISIONS REGARDING THE POWERS OF THE STATE BOARD OF DRINKING25 WATER AND WASTEWATER PROFESSIONALS AND THE PROCEDURES FOR DISCIPLINARY26 PROCEEDINGS; AMENDING SECTION 54-2607, IDAHO CODE, TO REVISE PRO-27 VISIONS REGARDING THE POWERS AND DUTIES OF THE ADMINISTRATOR OF THE28 DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES; AMENDING SECTION29 54-2808, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DU-30 TIES OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS;31 AMENDING SECTION 54-2819, IDAHO CODE, TO REVISE PROVISIONS REGARDING32 DISCIPLINE; AMENDING SECTION 54-2910, IDAHO CODE, TO REVISE PROVISIONS33 REGARDING THE POWERS AND DUTIES OF THE SPEECH, HEARING AND COMMUNICA-34 TION SERVICES LICENSURE BOARD; AMENDING SECTION 54-3003, IDAHO CODE,35 TO REVISE PROVISIONS REGARDING THE BOARD OF ARCHITECTS AND LANDSCAPE36 ARCHITECTS; AMENDING SECTION 54-3005, IDAHO CODE, TO REVISE PROVISIONS37 REGARDING VIOLATIONS AND PENALTIES; AMENDING SECTION 54-3309, IDAHO38 CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND DUTIES OF THE STATE39 BOARD OF DENTURITRY; AMENDING SECTION 54-4007, IDAHO CODE, TO REVISE40 PROVISIONS REGARDING THE POWERS AND DUTIES OF THE BOARD OF MASSAGE THER-41 APY; AMENDING SECTION 54-4107, IDAHO CODE, TO REVISE PROVISIONS REGARD-42 ING DISCIPLINARY PROCEEDINGS; AMENDING SECTION 54-4311, IDAHO CODE, TO43 REVISE PROVISIONS REGARDING LICENSE OR PERMIT SUSPENSION, REVOCATION,44 AND REFUSAL TO RENEW; AMENDING SECTION 54-5006, IDAHO CODE, TO REVISE45

2 PROVISIONS REGARDING THE ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL1 AND PROFESSIONAL LICENSES; AMENDING SECTION 54-5315, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING DISCIPLINARY PROCEEDINGS OF THE IDAHO LIQ-3 UEFIED PETROLEUM GAS BOARD; AMENDING SECTION 54-5409, IDAHO CODE, TO4 REVISE PROVISIONS REGARDING INJUNCTIONS AND CIVIL PENALTIES; AMENDING5 SECTION 54-5807, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS6 OF THE BARBER AND COSMETOLOGY SERVICES LICENSING BOARD; AMENDING SEC-7 TION 55-1811, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND8 DUTIES OF THE IDAHO REAL ESTATE COMMISSION; AMENDING SECTION 55-1813,9 IDAHO CODE, TO REVISE PROVISIONS REGARDING INVESTIGATIONS AND PROCEED-10 INGS OF THE IDAHO REAL ESTATE COMMISSION; AMENDING CHAPTER 26, TITLE 67,11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2616, IDAHO CODE, TO ES-12 TABLISH PROVISIONS REGARDING DISCIPLINARY PROCEEDINGS OF THE DIVISION13 OF OCCUPATIONAL AND PROFESSIONAL LICENSES; REPEALING SECTION 39-4125,14 IDAHO CODE, RELATING TO INJUNCTIONS AND AFFIDAVITS; REPEALING SECTION15 54-223, IDAHO CODE, RELATING TO INJUNCTIONS; REPEALING SECTION 54-225,16 IDAHO CODE, RELATING TO THE PROSECUTING ATTORNEY AND THE ATTORNEY GEN-17 ERAL; REPEALING SECTION 54-610, IDAHO CODE, RELATING TO PROCEEDINGS FOR18 SUSPENSIONS, REVOCATIONS, OR OTHER DISCIPLINES OF LICENSES; REPEALING19 SECTION 54-713, IDAHO CODE, RELATING TO PENALTIES AND REINSTATEMENT;20 REPEALING SECTION 54-925, IDAHO CODE, RELATING TO OTHER GROUNDS OF RE-21 VOCATION OR SUSPENSION OF DENTAL HYGIENISTS; REPEALING SECTION 54-926,22 IDAHO CODE, RELATING TO OTHER GROUNDS OF REVOCATION OR SUSPENSION OF23 DENTAL THERAPISTS; REPEALING SECTION 54-933, IDAHO CODE, RELATING TO24 INJUNCTION PROCEDURES; REPEALING SECTION 54-1009, IDAHO CODE, RELATING25 TO THE REVOCATION OR SUSPENSION OF LICENSES, HEARINGS, AND TAKING TES-26 TIMONY; REPEALING SECTION 54-1127, IDAHO CODE, RELATING TO INJUNCTIONS27 AND VENUE; REPEALING SECTION 54-1220, IDAHO CODE, RELATING TO DISCI-28 PLINARY ACTIONS AND PROCEDURES; REPEALING SECTION 54-1416, IDAHO CODE,29 RELATING TO INJUNCTIONS; REPEALING SECTION 54-1512, IDAHO CODE, RELAT-30 ING TO PENALTIES AND REINSTATEMENT; REPEALING SECTION 54-1513, IDAHO31 CODE, RELATING TO THE DUTY OF THE PROSECUTING ATTORNEY AND THE ATTORNEY32 GENERAL; REPEALING SECTION 54-1524, IDAHO CODE, RELATING TO INJUNCTION33 PROCEDURES; REPEALING SECTION 54-1815, IDAHO CODE, RELATING TO VIO-34 LATION OF THE MEDICAL PRACTICE ACT AND INJUNCTIONS; REPEALING SECTION35 54-1915, IDAHO CODE, RELATING TO THE PROCEDURE FOR IMPOSITION OF DISCI-36 PLINE; REPEALING SECTION 54-1918, IDAHO CODE, RELATING TO SUBPOENAS AND37 PROCESS; REPEALING SECTION 54-1920A, IDAHO CODE, RELATING TO ENFORCE-38 MENT; REPEALING SECTION 54-2066, IDAHO CODE, RELATING TO INJUNCTIVE39 RELIEF; REPEALING SECTION 54-2115A, IDAHO CODE, RELATING TO THE MAXIMUM40 TIME PERIODS FOR SUSPENSION, REVOCATION, AND REAPPLICATION; REPEALING41 SECTION 54-2116, IDAHO CODE, RELATING TO JUDICIAL REVIEW; REPEALING42 SECTION 54-2120, IDAHO CODE, RELATING TO THE DUTY OF THE ATTORNEY GEN-43 ERAL TO ADVISE AND REPRESENT; REPEALING SECTION 54-2220, IDAHO CODE,44 RELATING TO DISCIPLINE ACTIONS AND PROCEDURES; REPEALING SECTION45 54-2221, IDAHO CODE, RELATING TO DISCIPLINARY ACTIONS AND PENALTIES;46 REPEALING SECTION 54-2311, IDAHO CODE, RELATING TO THE DUTY OF PROSE-47 CUTING ATTORNEYS; REPEALING SECTION 54-2414, IDAHO CODE, RELATING TO48 THE DUTY OF THE PROSECUTING ATTORNEY AND THE ATTORNEY GENERAL; REPEAL-49 ING SECTION 54-2608, IDAHO CODE, RELATING TO REVOCATION OF CERTIFICATES50

3 OF COMPETENCY, SUSPENSION, AND REFUSAL TO RENEW; REPEALING SECTION1 54-2920, IDAHO CODE, RELATING TO DENIAL OF APPLICATIONS; REPEALING2 SECTION 54-2924, IDAHO CODE, RELATING TO INVESTIGATIONS, DISCIPLINARY3 ACTIONS, AND PROCEDURES; REPEALING SECTION 54-2925, IDAHO CODE, RELAT-4 ING TO DISCIPLINARY ACTIONS AND PENALTIES; REPEALING SECTION 54-3113,5 IDAHO CODE, RELATING TO INVESTIGATION OF VIOLATIONS AND HEARINGS; RE-6 PEALING SECTION 54-3114, IDAHO CODE, RELATING TO JUDICIAL REVIEW OF7 BOARD ACTION; REPEALING SECTION 54-3216, IDAHO CODE, RELATING TO THE8 ATTORNEY GENERAL AND PROSECUTING ATTORNEYS; REPEALING SECTION 54-3321,9 IDAHO CODE, RELATING TO JUDICIAL REVIEW OF BOARD ACTION; REPEALING SEC-10 TION 54-3322, IDAHO CODE, RELATING TO SEVERABILITY; REPEALING SECTION11 54-3323, IDAHO CODE, RELATING TO INJUNCTION PROCEDURE; REPEALING SEC-12 TION 54-3409, IDAHO CODE, RELATING TO INJUNCTION PROCEDURE; REPEALING13 SECTION 54-3716, IDAHO CODE, RELATING TO COMPLAINTS; REPEALING SECTION14 54-3720, IDAHO CODE, RELATING TO PENALTIES AND DISCIPLINARY ACTIONS;15 REPEALING SECTION 54-4108, IDAHO CODE, RELATING TO HEARINGS; REPEALING16 SECTION 54-4117, IDAHO CODE, RELATING TO INJUNCTIVE RELIEF; REPEALING17 SECTION 54-4118, IDAHO CODE, RELATING TO PROOF OF COMPLAINT AND PROS-18 ECUTION BY COUNTY ATTORNEYS; REPEALING SECTION 54-4514, IDAHO CODE,19 RELATING TO INJUNCTIVE RELIEF; REPEALING SECTION 54-5013A, IDAHO CODE,20 RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATES, HEARINGS, TAKING21 TESTIMONY, AND JUDICIAL REVIEW; REPEALING SECTION 54-5218, IDAHO CODE,22 RELATING TO THE ATTORNEY GENERAL AND PROSECUTING ATTORNEYS; REPEAL-23 ING SECTION 54-5219, IDAHO CODE, RELATING TO SEVERABILITY; REPEALING24 SECTION 54-5317, IDAHO CODE, RELATING TO THE DUTY OF THE PROSECUTING25 ATTORNEY AND THE ATTORNEY GENERAL; AMENDING SECTION 36-408, IDAHO CODE,26 TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS;27 AMENDING SECTION 36-2116, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-28 ENCE; AMENDING SECTION 54-314, IDAHO CODE, TO REMOVE AN OBSOLETE PROVI-29 SION; AMENDING SECTION 54-712, IDAHO CODE, TO REMOVE A CODE REFERENCE;30 AMENDING SECTION 54-905, IDAHO CODE, TO REMOVE AN OBSOLETE PROVISION;31 AMENDING SECTION 54-906, IDAHO CODE, TO REMOVE AN OBSOLETE PROVISION;32 AMENDING SECTION 54-906A, IDAHO CODE, TO REMOVE AN OBSOLETE PROVI-33 SION; AMENDING SECTION 54-1129, IDAHO CODE, TO REMOVE A CODE REFERENCE;34 AMENDING SECTION 54-1212, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO35 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1222, IDAHO CODE, TO36 REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-1502A, IDAHO CODE,37 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-1732, IDAHO CODE,38 TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 54-1920, IDAHO39 CODE, TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-2118, IDAHO40 CODE, TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-2821, IDAHO41 CODE, TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-3713, IDAHO42 CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 54-4014, IDAHO CODE,43 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-4119, IDAHO CODE,44 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-4133, IDAHO CODE,45 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-4313, IDAHO CODE,46 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 54-4713, IDAHO CODE,47 TO REMOVE AN OBSOLETE PROVISION; AMENDING SECTION 55-1612, IDAHO CODE,48 TO REMOVE A CODE REFERENCE; AMENDING SECTION 55-1613, IDAHO CODE, TO49

4 REMOVE A CODE REFERENCE; AND DECLARING AN EMERGENCY AND PROVIDING AN1 EFFECTIVE DATE.2

Be It Enacted by the Legislature of the State of Idaho:3

SECTION 1. That Section 36-2107, Idaho Code, be, and the same is hereby4 amended to read as follows:5 36-2107. POWERS AND DUTIES OF BOARD. The board shall have the follow-6 ing duties and powers:7 (a) To conduct examinations to ascertain the qualifications of appli-8 cants for outfitter's or guide's licenses, and to issue such licenses to9 qualified applicants, with such restrictions and limitations thereon as the10 board may find reasonable.11 (b) To prescribe and establish rules of procedure to carry into effect12 the provisions of this chapter including, but not limited to, rules pre-13 scribing all requisite qualifications of training, experience, knowledge14 of rules of governmental bodies, condition and type of gear and equipment,15 and examinations to be given applicants, whether oral, written or demonstra-16 tive, or a combination thereof.17 (c) To conduct hearings and proceedings to suspend, revoke or restrict18 the licenses of outfitters or guides, and to suspend, revoke or restrict said19 licenses for due cause in the manner hereinafter provided.20 (d) (c) The board is expressly vested with the power and the authority21 to enforce the provisions of this chapter, including obtaining injunctive22 relief, and to make and enforce any and all reasonable rules which shall by it23 be deemed necessary and which are not in conflict with the provisions of this24 chapter, for the express purpose of safeguarding the health, safety, welfare25 and freedom from injury or danger of those persons utilizing the services of26 outfitters and guides, and for the conservation of wildlife and range re-27 sources.28 (e) (d) The board shall have the power to cooperate with the federal and29 state government through its appropriate agency or instrumentality in mat-30 ters of mutual concern regarding the business of outfitting and guiding in31 Idaho.32 (f) The board shall have the power throughout the state of Idaho to re-33 quest the attendance of witnesses and the production of such books, records34 and papers as may be required at any hearing before it. The board or its hear-35 ing officer may issue and serve subpoenas or subpoenas duces tecum in a man-36 ner consistent with chapter 52, title 67, Idaho Code, the rules of the of-37 fice of the attorney general, and rules 45(e)(2) and 45(g) of the Idaho rules38 of civil procedure. Payment of fees or mileage for service of subpoenas or39 attendance of witnesses shall be paid by the board consistent with the pro-40 visions of chapter 52, title 67, Idaho Code, the rules of the office of the41 attorney general, and rule 45(e)(1) of the Idaho rules of civil procedure.42 Disobedience of a subpoena or subpoena duces tecum may be enforced by making43 application to the district court. Disobedience by a licensee of a subpoena44 or subpoena duces tecum issued by the board shall be deemed a violation of a45 board order.46 (g) (e) The division administrator shall have the power to hire en-47 forcement agents in order to conduct investigations and enforce the provi-48

5 sions of this chapter. All enforcement agents appointed by the board who are1 certified by the Idaho peace officer standards and training council shall2 have the power of peace officers limited to:3 1. Enforcement of the provisions of this chapter.4 2. Responding to express requests from other law enforcement agencies5 for aid and assistance in enforcing other laws. For purposes of this6 section, such a request from a law enforcement agency shall mean only a7 request as to a particular and singular violation or suspicion of viola-8 tion of law and shall not constitute a continuous request for assistance9 outside the purview of enforcement of the provisions of this chapter.10 (h) (f) The board shall designate the number of deer or elk tags allo-11 cated pursuant to section 36-408(4), Idaho Code, among the authorized out-12 fitting operations within each capped or controlled zone, unit, or game man-13 agement area in a fair and equitable manner designed to maximize the use of14 allocated tags by the outfitted public and promote predictability for indi-15 vidual outfitting operations that have previously used or ensured the use of16 the allocated tags designated to them. The board will report the number of17 tags designated to each outfitter operation back to the department of fish18 and game for distribution.19

SECTION 2. That Section 54-308, Idaho Code, be, and the same is hereby20 amended to read as follows:21 54-308. BOARD -- POWERS. The board shall have, in addition to the pow-22 ers conferred elsewhere in this chapter, the following powers:23 (1) To authorize, by written agreement, the division of occupational24 and professional licenses to act as its agent in its interests and, at its25 discretion, to contract with the division of occupational and professional26 licenses for those services deemed necessary for the proper administration27 of this chapter;28 (2) (1) To adopt, pursuant to the administrative procedure act, such29 rules as are necessary for the administration and enforcement of this chap-30 ter, including a code of ethics and standards of practice;31 (3) (2) To maintain records necessary to carry out its duties under this32 chapter;33 (4) (3) To adopt rules setting the qualifications and fitness of appli-34 cants for licensure under this chapter;35 (5) (4) To approve continuing education courses and prescribe by rule36 the minimum number of continuing education hours required of each licensee37 seeking to obtain or renew an architect's license in the state of Idaho;38 (6) To examine for, deny, approve, issue, revoke, suspend or otherwise39 discipline licenses pursuant to this chapter and to conduct investigations40 and hearings in connection with such actions, in accordance with the provi-41 sions of chapter 52, title 67, Idaho Code;42 (7) (5) To establish a procedure for an applicant to request an exemp-43 tion review for a felony or lesser crime conviction. The applicant shall44 bear the burden and financial responsibility of providing all evidence, doc-45 umentation and proof of suitability for licensure required by the board for46 exemption review; and47 (8) To administer or have its designee administer oaths or affirmations48 to witnesses in any proceeding authorized by this chapter;49

6 (9) (a) To engage in discovery as provided in the Idaho rules of civil1 procedure and chapter 52, title 67, Idaho Code, including, but not lim-2 ited to, the power to take depositions of witnesses within or without3 the state in the manner provided by law in civil cases, and to require4 the attendance of witnesses and the production of books, records and pa-5 pers as it may desire at any hearing before it of any matter that it has6 authority to investigate, and for that purpose the board or its desig-7 nated hearing officer may issue a subpoena for any witness or a subpoena8 duces tecum to compel the production of any books, records or papers,9 directed to the sheriff of any county of the state of Idaho where the10 witness resides or may be found, which shall be served and returned in11 the same manner as a subpoena in a criminal case is served and returned.12 The licensed person accused in the proceedings shall have the same right13 of subpoena upon making application to the board.14 (b) The fees and mileage of the witnesses shall be the same as that al-15 lowed in the district courts in criminal cases and will be paid from the16 occupational licenses fund in the same manner as other expenses of the17 board are paid.18 (c) In any case of disobedience to, or neglect of, any subpoena or sub-19 poena duces tecum served upon any person, or the refusal of any witness20 to testify to any matter regarding which he may be interrogated, it21 shall be the duty of the district court, or any judge thereof, of any22 county in this state in which the disobedience, neglect or refusal oc-23 curs, upon application by the board, to compel obedience by proceedings24 for contempt as in the case of disobedience of the requirements of a sub-25 poena issued from the court or for refusal to testify; and26 (10) (6) To take such action as may be necessary to enforce the provi-27 sions of this chapter and to regulate the practice of architecture.28

SECTION 3. That Section 54-707, Idaho Code, be, and the same is hereby29 amended to read as follows:30 54-707. POWERS AND DUTIES. The board shall have the authority to:31 (1) Hire or appoint employees, including an executive director, inves-32 tigators, attorneys, consultants and independent hearing examiners;33 (2) (1) Establish, pursuant to the provisions of chapter 52, title 67,34 Idaho Code, rules, subject to legislative approval, for the administration35 of the provisions of this chapter;36 (3) (2) Conduct Review investigations and examinations and hold hear-37 ings;38 (4) Revoke or suspend licenses to practice chiropractic after provid-39 ing the licensee with an opportunity for an appropriate contested case in ac-40 cordance with the provisions of chapter 52, title 67, Idaho Code;41 (5) In any disciplinary proceeding pursuant to this chapter to admin-42 ister oaths, take depositions of witnesses within or without the state in43 the manner provided by law in civil cases, and shall have the power through-44 out the state of Idaho to require the attendance of such witnesses and the45 production of such books, records, and papers as it may desire at any hear-46 ing and, for that purpose, the board may issue a subpoena for any witnesses47 or subpoena duces tecum to compel the production of any books, records or48 papers, directed to the sheriff of any county in the state of Idaho, where49

7 such witness resides or may be found, which shall be served and returned in1 the same manner as a subpoena in a criminal case is served and returned. The2 fees and mileage of the witnesses shall be the same as allowed in the district3 courts in criminal cases, which fees and mileage shall be paid from any funds4 in the state treasury in the same manner as other expenses of the board are5 paid. The licensee accused in such proceedings shall have the same right of6 subpoena upon making application to the board therefor. In any case of dis-7 obedience to, or neglect of, any subpoena or subpoena duces tecum, served8 upon any person, or the refusal of any witness to testify to any matter re-9 garding which he may lawfully be interrogated, it shall be the duty of the10 district court of any county in this state in which this disobedience, ne-11 glect or refusal occurs, on application by the board to compel compliance12 with the subpoena, to issue its order directing compliance with such sub-13 poena, and in the event of a violation of such order, to compel compliance14 with such order by proceedings for contempt as in the case of disobedience of15 the requirement of a subpoena issued from such court or for refusal to tes-16 tify therein;17 (6) Seek injunctive relief prohibiting the unlawful practice of chiro-18 practic;19 (7) Make and enter into contracts in the necessary performance of its20 duties pursuant to this chapter;21 (8) Develop and submit a proposed budget setting forth the amount nec-22 essary to perform its functions;23 (9) (3) Perform such other duties as set forth in the laws of this state;24 (10) (4) Provide such other services and perform such other functions25 as are necessary to fulfill its responsibilities; and26 (11) Adopt rules to provide for reasonable fees and for administrative27 costs and to assess costs reasonably and necessarily incurred in the en-28 forcement of this chapter when a licensee has been found to be in violation29 thereof; and30 (12) (5) Adopt a rule requiring continuing education as a condition of31 continued licensure or continued certification in clinical nutrition.32

SECTION 4. That Section 54-1208, Idaho Code, be, and the same is hereby33 amended to read as follows:34 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt35 and amend administrative rules including, but not limited to, rules of pro-36 fessional responsibility, rules of continuing professional development37 not to exceed sixteen (16) hours annually for each profession for which the38 professional is licensed, and rules of procedure, not inconsistent with the39 constitution and laws of this state, which may be reasonably necessary for40 the proper performance of its duties and the administration of the chapter41 and the regulation of proceedings before the board. These actions by the42 board shall be binding upon persons licensed under this chapter and shall be43 applicable to business entities holding a certificate of authorization as44 provided in section 54-1235, Idaho Code. It shall adopt and have an official45 seal which shall be affixed to each license and certificate issued. It shall46 have power to provide an office, office equipment and facilities and such47 books and records as may be reasonably necessary for the proper performance48 of its duties.49

8 (2) In carrying into effect the provisions of this chapter, the board1 may subpoena witnesses and compel their attendance, and also may require the2 submission of books, papers, documents, or other pertinent data in any dis-3 ciplinary matters or in any case wherever a violation of this chapter is al-4 leged. Upon failure or refusal to comply with any such order of the board, or5 upon failure to honor its subpoena as herein provided, the board may apply to6 any court of any jurisdiction to enforce compliance with same.7 (3) The board is hereby authorized in the name of the state to apply for8 relief by injunction in the established manner provided in cases of civil9 procedure, without bond, to enforce the provisions of this chapter or to re-10 strain any violation thereof. Venue for all such actions shall be in the dis-11 trict court of the fourth judicial district, Ada county, Idaho.12 (4) (2) The board may subject an applicant for licensure or certifica-13 tion to such examination as it deems necessary to determine qualifications.14 (5) (3) Any action, claim or demand to recover money damages from the15 board or its employees which any person is legally entitled to recover as16 compensation for the negligent or otherwise wrongful act or omission of the17 board or its employees, when acting within the course and scope of their em-18 ployment, shall be governed by the Idaho tort claims act, chapter 9, title19 6, Idaho Code. For purposes of this section, the term "employees" shall in-20 clude, in addition to those persons listed in section 6-902(4), Idaho Code,21 special assignment members, emeritus members and any independent contrac-22 tors while acting within the course and scope of their board related work.23 (6) (4) The board may recommend arbitration of disputes between profes-24 sional engineers or disputes between professional land surveyors.25

SECTION 5. That Section 54-1223, Idaho Code, be, and the same is hereby26 amended to read as follows:27 54-1223. SAVING CLAUSE -- EXEMPTIONS. (1) This chapter shall not be28 construed to affect:29 (a) The practice of any other profession or trade for which a license is30 required under any law of this state or the United States.31 (b) The work of an employee or a subordinate of a person holding a li-32 cense under this chapter, provided such work does not include final en-33 gineering design or land surveying decisions and is done under the di-34 rect responsibility, checking, and supervision of, and verified by, a35 person holding a license under this chapter.36 (c) Any individual teaching upper division engineering subjects that37 are classified as engineering design for any college or university in38 this state as of July 1, 1988, and any such individual employed after39 July 1, 1988, for a period of five (5) years from the date of employment40 with any college or university in this state.41 (d) An individual doing surveying work for himself, or through a busi-42 ness entity, on property owned or leased by the individual or business43 entity, or in which the individual or business entity has an interest,44 estate or possessory right and which affects exclusively the property45 or interests of the individual or business entity; provided, that all46 land surveying maps, plats or plans filed with any county recorder's of-47 fice in the state of Idaho for the purpose of illustrating or defining48

9 boundaries of property ownership, shall be made by a licensed profes-1 sional land surveyor as provided in this chapter.2 (e) An individual doing survey work for himself, or through a business3 entity with respect to the location, amendment, or relocation of a min-4 ing claim.5 (f) The practice of engineering by employees of a business entity as6 long as the services provided by them are for internal business entity7 use only.8 (2) The board, at its discretion, may exempt an exceptional individual9 who has twelve (12) or more years of appropriate experience in engineering10 from the requirement for satisfactory completion of an examination in the11 fundamentals of engineering.12 (3) An applicant for licensure as a professional engineer either by ex-13 amination or by comity who has earned a bachelor degree in engineering from14 an approved engineering program and has, in addition, earned a doctorate de-15 gree in engineering from a college or university which offers an approved un-16 dergraduate program in the same discipline as the doctorate degree earned,17 shall be exempt from the requirement for satisfactory completion of an exam-18 ination in the fundamentals of engineering. Honorary doctorate degrees are19 not considered earned degrees for purposes of this subsection.20 (4) In addition to, and notwithstanding other provisions of this chap-21 ter, in circumstances of emergency creating conditions of imminent and22 substantial danger to the public health, safety or environment through the23 provision of engineering services, the prosecuting attorney or the attorney24 general may institute a civil action for an immediate injunction to halt the25 provision of engineering services.26 (5) (4) A professional engineer licensed in Idaho may review the work27 of a professional engineer who is licensed in another jurisdiction of the28 United States or a foreign country on a project that is a site adaptation29 of a standard design plan to determine that the standard design plan meets30 the standard of care and is applicable to the intended circumstance, with31 or without modification. The Idaho professional engineer shall demonstrate32 responsible charge, as defined in this chapter, by performing professional33 services related to his assignment including developing or obtaining a com-34 plete design record with design criteria and calculations, performing nec-35 essary code research and developing any necessary and appropriate changes to36 the standard design plan necessary to properly apply the standard design to37 the intended circumstance. The nonprofessional services, such as drafting,38 need not be redone by the Idaho professional engineer, but must clearly and39 accurately reflect the Idaho professional engineer's work. The burden is on40 the Idaho professional engineer to show such compliance. The Idaho profes-41 sional engineer shall have control of and responsibility for the entire work42 product, shall seal, sign and date it as required in this chapter, and shall43 be in possession of all original documents or certified copies of documents44 related to the professional engineer's work for the project.45 (6) (5) In the event a licensee in responsible charge of a project46 leaves employment, is transferred, is promoted, becomes incapacitated,47 dies or is otherwise not available to seal, sign and date final documents,48 the duty of responsible charge of the project shall be accomplished by the49 successor licensee by becoming familiar with and reviewing, in detail, and50

10 retaining the project documents to date. Subsequent work on the project must1 clearly and accurately reflect the successor licensee's responsible charge.2 The successor licensee shall seal, sign and date all work product in confor-3 mance with section 54-1215, Idaho Code.4

SECTION 6. That Section 54-1413, Idaho Code, be, and the same is hereby5 amended to read as follows:6 54-1413. DISCIPLINARY ACTION. (1) Grounds for discipline. The board7 shall have the power to refuse to issue, renew or reinstate a license issued8 pursuant to this chapter and may revoke, suspend, place on probation, repri-9 mand, limit, restrict, condition or take other disciplinary action against10 the licensee as it deems proper, upon a determination by the board that the11 licensee take disciplinary action upon a determination that an individual12 engaged in conduct constituting any one (1) of the following grounds:13 (a) Made, or caused to be made, a false, fraudulent or forged state-14 ment or representation in procuring or attempting to procure a license15 to practice nursing;16 (b) Practiced nursing under a false or assumed name;17 (c) Is convicted of or enters a guilty plea for a crime deemed relevant18 in accordance with section 67-9411(1), Idaho Code;19 (d) Is or has been grossly negligent or reckless in performing nursing20 functions;21 (e) Habitually uses alcoholic beverages or drugs as defined by rule;22 (f) Is physically or mentally unfit to practice nursing;23 (g) Violates the provisions of this chapter or rules and standards of24 conduct and practice as may be adopted by the board;25 (h) Otherwise engages in conduct of a character likely to deceive,26 defraud or endanger patients or the public, which includes, but is not27 limited to, failing or refusing to report criminal conduct or other con-28 duct by a licensee that endangers patients;29 (i) Has been disciplined by a nursing regulatory authority in any ju-30 risdiction. A certified copy of the order entered by the jurisdiction31 shall be prima facie evidence of such discipline;32 (j) Failure to comply with the terms of any board order, negotiated set-33 tlement or probationary agreement of the board or to pay fines or costs34 assessed in a prior disciplinary proceeding;35 (k) Engaging in conduct with a patient that is sexual, sexually ex-36 ploitative, sexually demeaning or may reasonably be interpreted as37 sexual, sexually exploitative or sexually demeaning; or engaging in38 conduct with a former patient that is sexually exploitative or may39 reasonably be interpreted as sexually exploitative. It would not be a40 violation under this subsection for a nurse to continue a sexual rela-41 tionship with a spouse or individual of majority if a consensual sexual42 relationship existed prior to the establishment of the nurse-patient43 relationship; or44 (l) Failure to comply with the requirements of the abortion complica-45 tions reporting act, chapter 95, title 39, Idaho Code.46 (2) Separate offense. Each day an individual violates any of the provi-47 sions of this chapter or rules and standards of conduct and practice as may be48 adopted by the board shall constitute a separate offense.49

11 (3) Proceedings.1 (a) The executive director shall conduct such investigations and ini-2 tiate such proceedings as necessary to ensure compliance with this3 section. The board may accept the voluntary surrender of a license4 from any nurse under investigation and accordingly enter an order re-5 voking or suspending such license and/or imposing such conditions,6 limitations, or restrictions on the practice of any such nurse as may7 be appropriate in the discretion of the board. Otherwise, every person8 subject to disciplinary proceedings shall be afforded an opportunity9 for hearing after reasonable notice. All proceedings hereunder shall10 be in accordance with chapter 52, title 67, Idaho Code.11 (b) Hearings shall be conducted by the board or by persons appointed by12 the board to conduct hearings and receive evidence. The board and any13 person duly appointed by the board to conduct hearings shall have all14 powers as are necessary and incident to the orderly and effective re-15 ceipt of evidence including, but not limited to, the power to administer16 oaths and to compel by subpoena attendance of witnesses and production17 of books, records and things at the hearing or at a deposition taken by a18 party in accordance with the Idaho rules of civil procedure. Any party19 shall be entitled to the use of subpoena upon application therefor.20 (c) In the event any person fails to comply with a subpoena personally21 served upon him or refuses to testify to any matter regarding which he22 may be lawfully interrogated, the board shall petition the district23 court in the county where such failure or refusal occurred, or where24 such person resides, to enforce such subpoena or compel such testimony.25 Proceedings before the district court shall be for contempt in the same26 nature as contempt of court for failure or refusal to comply with an27 order of the court, and the court shall have the same powers to secure28 compliance with subpoena and testimony or to impose penalties as in con-29 tempt of court proceedings.30 (d) The assessment of costs and attorney's fees incurred in the inves-31 tigation and prosecution or defense of an administrative proceeding32 against a licensee under this chapter shall be governed by the provi-33 sions of section 12-117(5), Idaho Code.34 (4) (3) Probation/subsequent review. Any order of the board entered35 under this section may be withheld or suspended for a probationary period to36 be fixed by the board upon such terms and conditions as may be appropriate in37 order to regulate, monitor and/or supervise the practice of nursing by the38 licensee subject to such order for the prescribed probationary period. Any39 order of the board entered under this section may be withdrawn, reversed,40 modified or amended upon a showing by the person subject to the order that the41 grounds for discipline no longer exist or that he is rehabilitated, quali-42 fied and competent to practice nursing and that he is not likely to violate43 this chapter or rules adopted hereunder in the future.44 (5) (4) Reporting investigative information.45 (a) Nothing in section 74-106(8) and (9), Idaho Code, shall be con-46 strued as limiting the authority of the board to report current47 significant investigative information to the coordinated licensure48 information system for transmission to states that are parties to any49 multistate agreements or compacts regarding nurse licensure.50

12 (b) The executive director of the board may, in the administration of1 this chapter, share information and otherwise cooperate with govern-2 ment regulatory and law enforcement agencies.3

SECTION 7. That Section 54-1509, Idaho Code, be, and the same is hereby4 amended to read as follows:5 54-1509. STATE BOARD OF OPTOMETRY -- POWERS AND DUTIES. In order to6 protect the public in the practice of optometry, better enable members of7 the public to fix professional responsibility and further safeguard the8 doctor-patient relationship, the state board of optometry shall have the9 following powers and duties:10 (1) To make and prescribe rules for a fair and wholly impartial method11 of examination of candidates to practice optometry.12 (2) To make and prescribe rules defining for the optometrists what13 shall constitute a school, college or university or department of a univer-14 sity or other institution reputable and in good standing and to determine the15 reputability and good standing of a school, college or university or depart-16 ment of a university or other institution by reference to a compliance with17 such rules.18 (3) To make and prescribe rules to establish a standard of preliminary19 education deemed requisite to admission to a school, college or university20 and to require satisfactory proof of the enforcement of such standards by21 schools, colleges and universities.22 (4) To make and prescribe rules governing the relicensing of persons23 applying for a license to practice optometry in the state of Idaho after a24 failure to maintain a license for a period in excess of five (5) years.25 (5) To establish by rule the qualifications necessary to grant a li-26 cense to practice optometry in Idaho by endorsement to persons licensed in27 other states or foreign countries.28 (6) To conduct examinations to ascertain the qualifications and fit-29 ness of applicants to practice optometry or to recognize by rule a national30 testing agency for the administration and grading of such test.31 (7) To make and prescribe rules governing the minimum amount and kind32 of continuing education in optometry to be required annually of each op-33 tometrist seeking to renew his license to practice optometry in the state of34 Idaho.35 (8) To make, prescribe and promulgate rules prescribing a code of36 ethics and standards of professional conduct in practice for the purpose of37 regulating and governing the practice of optometry by licensed optometrists38 within the state of Idaho and to change and modify its rules or prescribe new39 rules in order to improve the practice of optometry for the benefit of the40 people of the state of Idaho.41 (9) To make, prescribe and promulgate rules regarding the establish-42 ment of "branch offices" in the state of Idaho by persons licensed to prac-43 tice optometry.44 (10) To make, prescribe and promulgate rules regarding advertising by45 optometrists licensed to practice in Idaho.46 (11) To make, prescribe and promulgate rules defining "gross incompe-47 tence" as grounds for suspension or revocation of an optometrist's license48 as provided in section 54-1510, Idaho Code.49

13 (12) To make, prescribe and promulgate rules governing the verification1 by an optometrist of the accuracy in compounding and the quality of the work-2 manship and materials used by any person, firm or corporation in the course3 of filling or compounding the optometrist's prescriptions for vision aids of4 any type prior to delivery by the optometrist.5 (13) To make, prescribe and promulgate rules governing the issuance and6 release of prescriptions or copies of prescriptions by optometrists out of7 the office of the optometrist.8 (14) To make, prescribe and promulgate rules governing the type and kind9 of records to be kept by each optometrist pertaining to all patients examined10 or for whom he has adapted optical accessories.11 (15) To make, prescribe and promulgate such other rules required by this12 chapter or necessary or desirable for its enforcement and administration.13 (16) The state board of optometry shall have the power to administer14 oaths, take depositions of witnesses in and out of the state of Idaho in15 the manner of civil cases, require the attendance of such witnesses and the16 production of such books, records and papers as it may desire at any hearing17 before it or deposition authorized by it, pertaining in any manner to any18 matters of which it has authority to investigate and for that purpose the19 board may issue a subpoena for any witness or a subpoena duces tecum to compel20 the production of any books, records or papers directed to the sheriff of any21 county of the state of Idaho, where such witness resides, or may be found,22 which shall be served and returned in the same manner as a subpoena in a civil23 case is returned. The fees and mileage of the witnesses shall be the same as24 that allowed in the district courts in civil cases. In any case of disobe-25 dience to, or neglect of, any subpoena or subpoena duces tecum served upon26 any person, or the refusal of any witness to testify to any matter regarding27 which he may lawfully be interrogated, it shall be the duty of the district28 court, or any judge thereof, of any county in this state in which the proceed-29 ing is held upon application of the board, to compel obedience in proceedings30 for contempt as in the case of disobedience of the requirements of any sub-31 poena issued from such court or for refusal to testify therein. The licensed32 person accused in such proceeding shall have the same right of subpoena upon33 making application to the board as set out in this chapter.34 (17) The state board of optometry shall have the power to hire attor-35 neys, investigators, hearing officers or other employees for carrying out36 the purpose of this chapter or to promote the interests of the profession of37 optometry.38 (18) To authorize, by written agreement, the division of occupational39 and professional licenses as agent to act in its interest.40

SECTION 8. That Section 54-1728, Idaho Code, be, and the same is hereby41 amended to read as follows:42 54-1728. PENALTIES AND REINSTATEMENT INTERVALS. (1) Upon the finding43 of the existence of grounds for discipline of any person or business entity44 holding, seeking, or renewing a certificate under the provisions of this45 chapter, the board of pharmacy may impose any of the following penalties:46 (a) Suspension of the offender's certificate for a term to be deter-47 mined by the board;48 (b) Revocation of the offender's certificate;49

14 (c) Restriction of the offender's certificate to prohibit the offender1 from performing certain acts or from engaging in the practice of phar-2 macy in a particular manner for a term to be determined by the board;3 (d) Refusal to issue or renew the offender's certificate;4 (e) Placement of the offender on probation and supervision by the board5 for a period to be determined by the board; or6 (f) Imposition of an administrative fine not to exceed two thousand7 dollars ($2,000) for each occurrence providing a basis for discipline.8 (2) Whenever it appears that grounds for discipline exist under this9 chapter and the board finds that there is an immediate danger to the public10 health, safety, or welfare, the board is authorized to commence emergency11 proceedings to suspend, revoke, or restrict the certificate. Such proceed-12 ings shall be promptly instituted and processed. Any person whose certifi-13 cate has been disciplined pursuant to this subsection can contest the emer-14 gency proceedings and appeal under the applicable provisions of chapter 52,15 title 67, Idaho Code.16 (3) (1) The board may take any action against a nonresident licensee or17 registrant that the board can take against a resident licensee or registrant18 for violation of the laws of this state or the state in which it resides.19 (4) (2) The board may report any violation by a nonresident licensee or20 registrant, or its agent or employee, of the laws of this state, the state21 in which it resides or the United States to any appropriate state or federal22 regulatory or licensing agency including, but not limited to, the regulatory23 agency of the state in which the nonresident licensee or registrant is a res-24 ident.25 (5) (3) The suspension, revocation, restriction or other action taken26 against a licensee or registrant by a state licensing board with authority27 over a licensee's or registrant's professional certificate or by the drug28 enforcement administration may result in the board's issuance of an order29 likewise suspending, revoking, restricting or otherwise affecting the cer-30 tificate in this state, without further proceeding, but subject to the ef-31 fect of any modification or reversal by the issuing state or the drug en-32 forcement administration.33 (6) The assessment of costs and fees incurred in the investigation34 and prosecution or defense of a person holding, seeking, or renewing a cer-35 tificate under this chapter shall be governed by the provisions of section36 12-117(5), Idaho Code.37 (7) (4) Any person or business entity whose certificate to practice38 pharmacy in this state has been suspended, revoked, or restricted pursuant39 to this chapter, whether voluntarily or by action of the board, shall have40 the right, at reasonable intervals, to petition the board for reinstatement41 of such certificate. Such petition shall be made in writing and in the form42 prescribed by the board. Upon investigation and hearing, the board may in43 its discretion grant or deny such petition, or it may modify its original44 finding to reflect any circumstances that have changed sufficiently to war-45 rant such modifications.46 (8) (5) Nothing herein shall be construed as barring criminal prosecu-47 tions for violations of the act where such violations are deemed as criminal48 offenses in other statutes of this state or of the United States.49

15 (9) All final decisions by the board shall be subject to judicial review1 pursuant to the procedures of the administrative procedure act.2

SECTION 9. That Section 54-1806, Idaho Code, be, and the same is hereby3 amended to read as follows:4 54-1806. POWERS AND DUTIES. The board shall have the authority to:5 (1) Establish, pursuant to the administrative procedure act, rules,6 subject to legislative approval, for administration of this chapter, in-7 cluding rules establishing procedures for the receipt of complaints and for8 the investigation and disposition thereof. Such rules shall provide for9 notice to a person when board staff has undertaken to investigate that person10 and shall provide an opportunity for a person under investigation to meet11 with the committee or board staff before the initiation of formal disci-12 plinary proceedings by the board.13 (2) Conduct Review investigations and examinations and hold hearings14 as authorized by this section and by section 54-1806A, Idaho Code.15 (3) The board shall have the power in any investigation or disciplinary16 proceeding pursuant to this chapter to administer oaths, take depositions17 of witnesses within or without the state in the manner consistent with rules18 adopted by the board pursuant to the administrative procedure act and, upon a19 determination that there is good cause, the board shall have power through-20 out the state of Idaho to require the attendance of such witnesses and the21 production of such books, records, and papers as it may deem appropriate for22 any investigation, deposition or hearing. For that purpose, the board may23 issue a subpoena for any witnesses, or a subpoena duces tecum to compel the24 production of any books, records, or papers, directed to the sheriff of any25 county of the state of Idaho where such witness resides or may be found, which26 subpoena shall be served and returned in the same manner as a subpoena in a27 criminal case is served and returned. The fees and mileage of the witnesses28 shall be the same as that allowed in the district courts in criminal cases,29 which fees and mileage shall be paid from any funds in the state treasury in30 the same manner as other expenses of the board are paid. In any case of dis-31 obedience to, or neglect of, any subpoena or subpoena duces tecum served upon32 any person, or the refusal of any witness to testify to any matter regard-33 ing which he may lawfully be interrogated, it shall be the duty of the dis-34 trict court of any county in this state in which such disobedience, neglect35 or refusal occurs, or any judge thereof, on application by the board to com-36 pel compliance with the subpoena by proceedings for contempt as in the case37 of disobedience of the requirements of a subpoena issued from such court or38 for refusal to testify therein. The licensed person accused in such formal39 contested case shall have the same right of subpoena upon making application40 to the board therefor.41 (4) Seek injunctive relief prohibiting the unlawful practice of42 medicine.43 (5) Make and enter into contracts.44 (6) (3) Operate, manage, superintend and control the licensure of45 physicians and physician assistants.46 (7) Develop and submit a proposed budget setting forth the amount nec-47 essary to perform its functions.48 (8) (4) Perform such other duties as set forth in the laws of this state.49

16 (9) (5) Provide such other services and perform such other functions as1 are necessary to fulfill its responsibilities.2 (10) Apply the provisions of section 12-117(5), Idaho Code, regarding3 the assessment of costs and fees incurred in the investigation and prosecu-4 tion or defense of a licensee under this chapter.5 (11) (6) Share with the department of labor personal identifying infor-6 mation of persons licensed under the provisions of this chapter necessary7 for the department of labor to identify workforce shortage areas in Idaho.8 The information provided to the department of labor concerning any person9 licensed under this chapter shall remain confidential and not subject to10 public disclosure, as required in section 74-106, Idaho Code.11 (12) (7)(a) Collect and review data and information concerning mater-12 nal mortality in the state of Idaho. The board shall have the power13 throughout the state of Idaho to require the production of all informa-14 tion relating to any incidence of maternal mortality.15 (b) The board shall provide an annual summary report no later than Jan-16 uary 31 each year to the legislature on the number of instances of mater-17 nal mortality and other information as determined by the board.18

SECTION 10. That Section 54-1806A, Idaho Code, be, and the same is19 hereby amended to read as follows:20 54-1806A. MEDICAL DISCIPLINARY ENFORCEMENT. COMMITTEE ON PROFES-21 SIONAL DISCIPLINE. The board of medicine shall create a committee on22 professional discipline which shall have the authority under the direct23 supervision and control of the board to conduct professional disciplinary24 enforcement investigations under this chapter and particularly under sec-25 tions 54-1810 and 54-1814, Idaho Code, and to recommend appropriate action26 to the board with respect thereto. The committee on professional discipline27 shall have no authority to impose sanctions or limitations or conditions28 on licenses issued under this chapter and shall be authorized only to make29 recommendations to the board with respect thereto. The board shall provide30 as follows respecting the committee on professional discipline:31 (1) Membership. The committee shall consist of five (5) members ap-32 pointed by the board: four (4) members licensed to practice medicine and33 surgery in the state of Idaho, two (2) of whose terms shall expire at midnight34 on June 30 in each of two (2) successive years, and one (1) member who is an35 adult Idaho citizen of good reputation who shall not be licensed to practice36 medicine in the state of Idaho, whose term shall expire at midnight on June37 30 in the year in which no physician member's term shall expire. All terms of38 appointment shall be for three (3) years. No member of the committee on pro-39 fessional discipline may be appointed to serve more than two (2) terms.40 (2) Chairman. The board of medicine shall designate one (1) member of41 the committee as its chairman who shall serve and function in that capacity42 for one (1) year or until a successor is duly appointed, whichever is later.43 (3) Quorum. Three (3) A majority of the currently appointed members44 shall constitute a quorum.45 (4) Compensation. Members of the committee shall be compensated as46 provided by section 59-509(p), Idaho Code, from the state board of medicine47 occupational licenses fund for expenses incurred in the course of serving on48 the committee.49

17 (5) Conflicts and Disqualification. Members shall disqualify them-1 selves and, on motion of any interested party may, on proper showing, be2 disqualified in any proceeding concerning which they have an actual conflict3 of interest or bias which interferes with their fair and impartial service.4 (6) (5) Powers of the Committee on Professional Discipline. The com-5 mittee shall be empowered and authorized:6 (a) To investigate or inquire into misconduct or unprofessional be-7 havior and to recommend that the board take such action with respect8 thereto as it deems best in the interest of the public and justice, and9 to obtain the assistance of staff and legal counsel hired by the board of10 medicine to administer, process and assist in its work.11 (b) (a) To recommend that the board initiate, for good cause, proceed-12 ings under the disabled physician and physician assistant act for any13 licensed physician or physician assistant incapacitated by illness,14 senility, disability, or addiction to drugs, intoxicants or other chem-15 ical or like substances.16 (c) (b) To recommend that the board provide by order for reciprocal17 discipline in cases involving the discipline of a licensed physician18 or physician assistant disciplined in any other jurisdiction, provided19 that such licensee or applicant shall be entitled to appear and show20 cause why such order should not apply in his or her case.21 (7) Openness. All formal hearings under the board's direction and con-22 trol shall be open to the public. Formal dispositions or other formal ac-23 tions taken by the board under sections 54-1806 and 54-1806A, Idaho Code,24 also shall be public. Proceedings, studies and investigations which do not25 result in formal hearings, formal dispositions or other formal actions by26 the board shall be conducted in private and shall remain confidential.27 (8) Voluntary Restriction of Licensure. A physician may request in28 writing to the board a restriction of his license to practice medicine and29 the board is authorized to grant such request and, if it deems it appropriate30 to do so, to attach conditions to the licensure of the physician to practice31 medicine. The board is also authorized in such cases thereafter to waive32 the commencement of proceedings under this act or other provisions of the33 medical practice act if in the interest of justice it determines that such34 voluntary restrictions have rendered the same unnecessary. Removal of a35 voluntary restriction on or suspension of licensure to practice medicine36 shall be subject to the procedures for reinstatement elsewhere in this act37 or by rule of the board; provided also, such reinstatements may be subject to38 further conditions specially imposed in the individual case as a condition39 of the order entered therein.40 (9) Adjudication of Discipline or Exoneration. The board shall make a41 determination of the merits of all proceedings, studies and investigations42 and, if grounds therefor are found to exist, may issue its order:43 (a) Revoking the respondent physician's or physician assistant's li-44 cense to practice medicine;45 (b) Suspending or restricting the respondent physician's or physician46 assistant's license to practice medicine;47 (c) Imposing conditions or probation upon the respondent physician or48 physician assistant's license, including requiring rehabilitation or49 remediation;50

18 (d) Issuing a public reprimand;1 (e) Imposing an administrative fine not to exceed ten thousand dollars2 ($10,000) for each count or offense; and/or3 (f) Assessing costs and attorney's fees against the respondent physi-4 cian for any investigation and/or administrative proceeding.5 Every person subject to disciplinary proceedings shall be afforded an op-6 portunity for hearing after reasonable notice, and all investigations,7 proceedings, and hearings conducted pursuant to this act shall be conducted8 in accordance with the administrative procedure act, chapter 52, title 67,9 Idaho Code, and any rules adopted by the board pursuant thereto.10 (10) (6) Temporary Suspension or Restriction Pending Final Order. The11 board may temporarily suspend or restrict the license of any physician or12 physician assistant on its own motion or on verified petition of any person,13 pending further or final order, without prior hearing, simultaneously with14 or at any time after the institution of proceedings under this chapter, if15 it finds, that the physician or physician assistant, for reasons set forth16 by petition, affidavit, or other verified showing, or determined in reliance17 upon other reliable proof, is causing great harm to the public or to any pa-18 tient or group of patients, or is imminently likely to cause such harm, for19 which reason he or she and his or her license to practice medicine should be20 immediately suspended or restricted or he or she should be specially con-21 trolled, suspended in or restricted from the practice of medicine. There-22 after the physician or physician assistant may, for good cause, request dis-23 solution or amendment of any such temporary order by petition filed with the24 board, which petition shall be set for prompt hearing before a designated25 hearing officer, which officer shall forthwith hear said matter and report26 to the board his report and recommendations. The board, consistent with due27 process and the administrative procedure act, chapter 52, title 67, Idaho28 Code, shall rule on such petition for dissolution or amendment with the least29 amount of delay reasonably possible.30 (11) Judicial Review. All final decisions by the board shall be subject31 to judicial review pursuant to the administrative procedure act, chapter 52,32 title 67, Idaho Code.33 (12) (7) Protected Action and Communication. There shall be no liabil-34 ity on the part of and no action for damages against:35 (a) Any member of the board, the committee on professional discipline36 or the staff or officials thereof for any action undertaken or performed37 within the scope of the functions of the board or the committee under38 this chapter when acting in good faith and in the reasonable belief that39 such action is warranted; or40 (b) Any person providing information or testimony to the board, the41 committee, or their staff or officials in good faith and in the reason-42 able belief that such information is accurate.43

SECTION 11. That Section 54-2206, Idaho Code, be, and the same is hereby44 amended to read as follows:45 54-2206. POWERS AND DUTIES OF THE BOARD. The board shall have the au-46 thority to administer, coordinate and enforce the provisions of this chap-47 ter. Such authority shall include, but not be limited to, the power to:48

19 (1) Evaluate the qualifications of applicants for licensure, approve1 and administer examinations to test the knowledge and proficiency of appli-2 cants for licensure, and approve or deny the registration and issuance and3 renewal of licenses and permits;4 (2) Authorize all disbursements necessary to carry out the provisions5 of this chapter;6 (3) (2) Promulgate rules not inconsistent with the laws of this state7 which are necessary to carry out the provisions of this chapter;8 (4) (3) Adopt rules providing for continuing education; and9 (5) Obtain restraining orders and injunctions prohibiting conduct in10 violation of the provisions of this chapter, conduct investigations, issue11 subpoenas, and examine witnesses and administer oaths, concerning practices12 which are alleged to violate the provisions of this chapter;13 (6) Suspend or revoke or otherwise sanction licensees in the manner14 provided in this chapter, or place a person holding a license under this15 chapter on probation;16 (7) Require as a condition of receiving or retaining a license issued17 under this chapter that restitution be paid to a consumer;18 (8) (4) Require the inspection of testing equipment and facilities of19 persons engaging in any practice pursuant to this chapter;.20 (9) As the board deems reasonable, take notice of and give effect to21 prior licenses issued to physical therapists and physical therapist assis-22 tants in the state of Idaho by the state board of medicine and such other ac-23 tions, proceedings, orders or decisions of the state board of medicine in-24 volving complaints, investigations, discipline or other matters concerning25 physical therapists or physical therapist assistants; and26 (10) Authorize, by written agreement, the division of occupational and27 professional licenses to act as its agent in its interest.28

SECTION 12. That Section 54-2305, Idaho Code, be, and the same is hereby29 amended to read as follows:30 54-2305. BOARD OF PSYCHOLOGIST EXAMINERS -- POWERS. The board of psy-31 chologist examiners shall have the following powers:32 (1) To pass upon the qualifications and fitness of applicants for li-33 censes, reciprocal licenses, certification and provisional certification34 of prescriptive authority; and, at its option, to adopt and revise rules re-35 quiring applicants to pass examinations relating to their qualifications as36 a prerequisite to the issuance of licenses.37 (2) To adopt and, from time to time, revise such rules in accordance38 with the provisions of chapter 52, title 67, Idaho Code, and not inconsis-39 tent with the law, subject to legislative approval, as may be necessary to40 carry into effect the provisions of this chapter. Such rules shall include,41 but need not be limited to, a code of ethics for psychologists in the state42 consistent with the current, and as future amended, ethical standards for43 psychologists of the American psychological association and the educational44 and professional qualifications of applicants for licensing under this45 chapter.46 (3) To examine for, deny, approve, issue, revoke, suspend and renew the47 licenses, permits, and certifications of psychologists, service extenders,48

20 and psychologist applicants pursuant to this chapter, and to conduct hear-1 ings in connection therewith.2 (4) To conduct hearings review investigations upon complaints concern-3 ing violations of the provisions of, and the rules adopted pursuant to, this4 chapter and cause the prosecution and enjoinder of all such violations.5 (5) The board, or its duly appointed hearing officer, shall have the6 power in any disciplinary proceeding under this chapter to administer oaths,7 take depositions of witnesses within or without the state in the manner pro-8 vided by law in civil cases, and may apply to any district court of this state9 for a subpoena to require the attendance of such witnesses and the produc-10 tion of such books, records, and papers as it deems necessary. The fees and11 mileage of the witnesses shall be the same as that allowed in district courts12 in criminal cases, which fees and mileage shall be paid in the same manner as13 other expenses of the board are paid. In any case of disobedience to, or ne-14 glect of, any subpoena or subpoena duces tecum served upon any person, or the15 refusal of any witness to testify to any matter regarding which he may be law-16 fully interrogated, it shall be the duty of any district court in this state,17 on application by the board, to compel compliance with the subpoena by pro-18 ceedings for contempt, as in the case of disobedience of the requirements of19 the subpoena issued from such court for refusal to testify therein. The li-20 censed person accused in such proceedings shall have the same right of sub-21 poena.22 (6) Proceedings before the board and judicial review of the action of23 the board shall be governed by the provisions of chapter 52, title 67, Idaho24 Code.25 (7) To authorize, by written agreement, the division of occupational26 and professional licenses as agent to act in its interest.27 (8) (5) To adopt a rule requiring continuing education as a condition of28 continued licensure and certification.29 (9) (6) To adopt rules allowing for a temporary permit to individuals30 licensed as psychologists in another state authorizing such individuals to31 practice psychology in Idaho for a period not to exceed thirty (30) days pur-32 suant to such terms and requirements as set forth in the rules.33 (10) (7) To establish by rule an inactive license status.34 (11) (8) To establish by rule the standards and requirements for the use35 of communication technology in the practice of psychology, including super-36 vision.37 (12) (9) To establish by rule certification and provisional certi-38 fication of prescriptive authority pursuant to sections 54-2316 through39 54-2319, Idaho Code.40 (13) (10) To establish by rule a limited formulary or formularies for41 prescribing use by holders of certification and provisional certification42 of prescriptive authority.43 (14) (11) To establish by rule the permitting of service extenders.44

SECTION 13. That Section 54-2412, Idaho Code, be, and the same is hereby45 amended to read as follows:46 54-2412. REVOCATION OR SUSPENSION OF LICENSE -- POWERS OF BOARD --47 PROCEDURES FOR DISCIPLINARY PROCEEDINGS. (1) The board shall have the power48 to revoke, suspend, refuse to issue, refuse to renew, or otherwise limit any49

21 license or certificate issued pursuant to the provisions of this chapter for1 any of the following:2 (a) (1) Procuring a license or registration by knowingly making a false3 statement, submitting false information, or refusing to provide complete4 information in response to a question in an application for licensure or5 through any form of fraud or misrepresentation;6 (b) (2) Being convicted of a felony;7 (c) (3) Misrepresentation or fraudulent representation in the perfor-8 mance of any duty, conduct or activity regulated under this chapter;9 (d) (4) Violating the provisions of this chapter or any rules of the10 board or any code of conduct or ethical standards adopted by the board;11 (e) (5) Being negligent or incompetent; or12 (f) (6) Failing to provide appropriate and personal supervision, if13 acting as the designated responsible charge operator, to any person gaining14 experience under the provisions of this chapter.15 (2) The board shall have the power to administer oaths, take deposi-16 tions of witnesses within or without the state in the manner provided by law17 in civil cases, and, within the state of Idaho, to require the attendance of18 such witnesses and the production of such books, records and papers as it may19 desire, relevant to any hearing before it of any matter it has authority to20 investigate, and for that purpose the board may issue a subpoena for any wit-21 ness or a subpoena duces tecum to compel the production of books, records or22 papers directed to the sheriff of any county of the state of Idaho where such23 witness resides or may be found, which subpoena shall be served and returned24 in the same manner as a subpoena in a criminal case.25 (3) The procedures for disciplinary proceedings shall be in compliance26 with the Idaho administrative procedure act, the Idaho rules of administra-27 tive procedure, and the division of occupational and professional licenses.28

SECTION 14. That Section 54-2607, Idaho Code, be, and the same is hereby29 amended to read as follows:30 54-2607. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFES-31 SIONAL LICENSES -- POWERS AND DUTIES. (1) The administrator shall exercise32 such powers and duties as are reasonably necessary to enforce the minimum33 standards provided in this chapter, and he may among other things:34 (a) Prescribe and establish procedures to effectuate the efficient en-35 forcement of this chapter not herein prescribed.;36 (b) Serve as secretary to the Idaho plumbing board.37 (c) (b) Appoint licensed staff inspectors who shall be authorized to38 enter and inspect by and through a properly identified person, at rea-39 sonable hours, plumbing and plumbing systems.; and40 (d) (c) Make plumbing inspections for another state or local jurisdic-41 tion upon request by an appropriate building official. Such inspec-42 tions shall be made in accordance with the applicable plumbing codes of43 the requesting jurisdiction. Fees charged for such inspection services44 shall be as provided in the rules promulgated by the board.45 (e) Summon witnesses to appear and testify before him on any matter46 within the provisions of this chapter. No person shall be required to47 testify outside the county wherein he resides or where his principal48 place of business is located. Such summons to testify shall be issued49

22 and served in like manner as a subpoena to witness issued from the dis-1 trict court or in other manner consistent with the procedure of the2 division of occupational and professional licenses. In case any wit-3 ness shall fail or refuse to appear and testify upon being summoned as4 herein provided, the clerk of the district court of the county shall,5 upon demand by the administrator or his designated agent, issue a sub-6 poena reciting the demand therefor and summoning the witness to appear7 and testify at a time and place fixed. Violation of such subpoena or8 disobedience thereto shall be deemed and punished as a violation of any9 other subpoena issued from the district court.10 (f) Administer oaths and take affirmations of witnesses appearing be-11 fore him and have the power to appoint competent persons to issue sub-12 poenas, administer oaths and take testimony.13 (g) Impose civil penalties as provided in this chapter and the rules of14 the Idaho plumbing board.15 (h) In addition to any other penalties specified in this chapter, when-16 ever any person violates the provisions of this chapter and the rules of17 the Idaho plumbing board, the administrator may maintain an action in18 the name of the state of Idaho to enjoin that person from any further vi-19 olations. Such action may be brought either in the county in which the20 acts are claimed to have been or are being committed, or in the county21 where the defendant resides, or in Ada county.22 (i) Upon the filing of a certified complaint in the district23 court, the court, if satisfied that the acts complained of have24 been, probably are being, or may be committed, may issue a tem-25 porary restraining order, or a preliminary injunction, or both,26 without bond, enjoining the defendant from the commission of any27 such act or acts constituting the violation.28 (ii) A copy of the complaint shall be served upon the defendant and29 the proceedings shall thereafter be conducted as in other similar30 civil actions.31 (iii) If the commission of the act or acts is established, the32 court shall enter a decree permanently enjoining the defendant33 from committing such act or acts. If an injunction issued under34 the provisions of this section is violated, the court, or the judge35 thereof at chambers, may summarily try and punish the offender for36 contempt of court.37 (2) It shall be the duty of the administrator to give notice to cities38 that supply sewer service to areas outside their city limits and who have39 requested in writing such notice from the administrator of all permits is-40 sued relative to sewer installations. The notice shall be given within ten41 (10) days from the date the permit was requested for such installation. The42 notice shall contain a map of the physical location of the installation and43 reference to the date of inspection if the city so requests.44

SECTION 15. That Section 54-2808, Idaho Code, be, and the same is hereby45 amended to read as follows:46 54-2808. POWERS AND DUTIES OF BOARD. (1) The board shall have the power47 to adopt and amend rules including, but not limited to, a code of ethics and48 standards of conduct which may be reasonably necessary for the proper per-49

23 formance of its duties and the administration of this chapter and the regu-1 lation of proceedings before the board. It shall adopt and have an official2 seal. It shall have power to provide an office, office equipment and facili-3 ties and such books and records as may be reasonably necessary for the proper4 performance of its duties. The board may, by written agreement, authorize5 the division of occupational and professional licenses as agent to act in its6 interest.7 (2) The board is authorized to enter into mutual aid agreements, inter-8 state compacts, contracts or agreements to facilitate the practice and regu-9 lation of geology in this state.10 (3) In carrying into effect the provisions of this chapter, the board,11 under the hand of its chairman and the seal of the board, may request the at-12 tendance of witnesses and the production of such books, records and papers as13 may be required at any hearing before it, and for the purpose of disciplinary14 matters pursuant to this chapter the board may request a district court to15 issue a subpoena for any witness or a subpoena duces tecum to compel the pro-16 duction of any books, records or papers. Subpoenas shall be directed to the17 sheriff of any county in the state of Idaho where such witness resides or may18 be found. Subpoenas shall be served and returned in the same manner as sub-19 poenas in a criminal case. The fees and mileage of the sheriff and witnesses20 shall be the same as that allowed in district court criminal cases, which21 fees and mileage shall be paid from any funds in the state treasury available22 therefor in the same manner as other expenses of the board are paid. Dis-23 obedience of any subpoena issued by the district court or the refusal by any24 witness in failing to testify concerning any matter regarding which he may25 lawfully be interrogated, or the failure to produce any books, records or pa-26 pers, shall constitute a contempt of the district court of any county where27 such disobedience or refusal occurs, and said court, or any judge thereof, by28 proceedings for contempt in said court, may, if such contempt be found, pun-29 ish said witness as in any other case of disobedience of a subpoena issued30 from such court or refusal to testify therein.31 (4) The board is hereby authorized in the name of the state to apply for32 relief by injunction in the established manner provided in cases of civil33 procedure, without bond, to enforce the provisions of this chapter or to re-34 strain any violation thereof.35

SECTION 16. That Section 54-2819, Idaho Code, be, and the same is hereby36 amended to read as follows:37 54-2819. DISCIPLINE. (1) Grounds for discipline. The board shall have38 the power to deny any application for or renewal of a certificate of regis-39 tration or to revoke, suspend or otherwise discipline any registrant or reg-40 istration issued pursuant to this chapter and to limit or restrict the prac-41 tice of any registrant upon a determination by the board that the person take42 disciplinary action upon a determination that an individual:43 (a) (1) Made, or caused to be made, a false, fraudulent or forged state-44 ment, document, credentials or representation in procuring or attempting to45 procure a certificate of registration to practice geology;46 (b) (2) Practiced geology under a false or assumed name;47

24 (c) (3) Was convicted, found guilty, received a withheld judgment or1 suspended sentence in this or any other state of action constituting a crime2 that is deemed relevant in accordance with section 67-9411(1), Idaho Code;3 (d) (4) Violated the provisions of this chapter or rules, standards of4 conduct and practice, or any ethical codes as may be adopted by the board;5 (e) (5) Is or has been grossly negligent, incompetent, or reckless in6 the practice of geology; or7 (f) (6) Has had a license, certificate, or registration to practice as8 a professional geologist suspended or revoked in any jurisdiction. A certi-9 fied copy of the order of suspension or revocation shall be prima facie evi-10 dence of such suspension or revocation.11 (2) Proceedings. Every person subject to disciplinary proceedings12 shall be afforded an opportunity for hearing after reasonable notice.13 (a) All proceedings hereunder shall be in accordance with chapter 52,14 title 67, Idaho Code, and the Idaho rules of administrative procedure,15 as provided in section 67-5206, Idaho Code.16 (b) Hearings shall be conducted by the board or by persons appointed by17 the board to conduct hearings and receive evidence.18 (3) Probation. Any order of the board entered under this section may be19 withheld or suspended for a probationary period to be fixed by the board on20 such terms and conditions as may be appropriate in order to regulate, monitor21 or supervise the practice of geology by the registrant subject to such order22 for the prescribed probationary period.23 (4) Subsequent review. Any order of the board entered under this sec-24 tion may be withdrawn, reversed, modified or amended upon a showing by the25 person subject to the order that the grounds for discipline no longer ex-26 ist or that he is rehabilitated, qualified and competent to practice profes-27 sional geology and that he is not likely to violate the provisions of this28 section or rules adopted hereunder in the future.29 (5) Costs and fees. The board may, pursuant to an order of discipline30 or as a condition to withdrawal, reversal, modification or amendment of the31 order, require the person to pay all or part of the costs and fees incurred by32 the board in proceedings upon which the order was entered.33 (6) Administrative fines. The board may, pursuant to an order of disci-34 pline, require the payment of an administrative fine not to exceed one thou-35 sand dollars ($1,000) for each violation of the provisions of this section or36 rules adopted hereunder.37

SECTION 17. That Section 54-2910, Idaho Code, be, and the same is hereby38 amended to read as follows:39 54-2910. POWERS AND DUTIES OF THE BOARD. The board shall have the au-40 thority to administer, coordinate and enforce the provisions of this chapter41 including, but not limited to:42 (1) Evaluate the qualifications of applicants for licensure, approve43 and administer examinations to test the knowledge and proficiency of appli-44 cants for licensure, and approve or deny the registration and issuance and45 renewal of licenses and permits;46 (2) Authorize all disbursements necessary to carry out the provisions47 of this chapter;48

25 (3) (2) Promulgate rules not inconsistent with the laws of this state1 which are necessary to carry out the provisions of this chapter including,2 but not limited to, ethical standards of practice;3 (4) (3) Adopt rules allowing for continuing education; and4 (5) Obtain restraining orders and injunctions prohibiting conduct in5 violation of the provisions of this chapter, conduct investigations, issue6 subpoenas, examine witnesses and administer oaths, concerning practices7 which are alleged to violate the provisions of this chapter;8 (6) Suspend or revoke or otherwise sanction licenses in the manner pro-9 vided in this chapter, or place a person holding a license under this chapter10 on probation;11 (7) Require as a condition of receiving or retaining a license issued12 under this chapter that restitution be paid to a consumer;13 (8) (4) Require the inspection of testing equipment and facilities of14 persons engaging in any practice pursuant to this chapter; and.15 (9) Authorize, by written agreement, the division of occupational and16 professional licenses to act as its agent in its interest.17

SECTION 18. That Section 54-3003, Idaho Code, be, and the same is hereby18 amended to read as follows:19 54-3003. QUALIFICATIONS -- EXAMINATIONS -- BOARD -- LICENSES -- FEES20 -- ENDORSEMENT -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS21 -- RESTRICTION ON USE OF NAME -- SEAL. (1) Application and practice. In or-22 der to safeguard human health and property, and to promote the public wel-23 fare, any person in either public or private capacity practicing or offer-24 ing to practice landscape architecture shall be required to submit evidence25 of qualifications to practice and shall be issued a license under the provi-26 sions of this chapter.27 (2) Qualifications. For licensure as a landscape architect, evidence28 must be submitted to the board that the applicant:29 (a) Is eighteen (18) years of age or older;30 (b) Has graduated from a college or school of landscape architecture31 approved by the board. In lieu of graduation from an approved college32 or school of landscape architecture, an applicant may present evidence33 of at least eight (8) years of actual, practical experience or education34 in landscape architecture of a grade and character satisfactory to the35 board, as established by rule, that the applicant is competent to prac-36 tice landscape architecture; and37 (c) Has successfully passed an examination approved by the board.38 (3) Examinations. The board shall adopt rules covering the subjects39 and scope of the examinations. Every applicant for license as a landscape40 architect shall be required, in addition to all other requirements, to es-41 tablish by written examination his competency to plan, design, specify and42 supervise the installation and construction of landscape architectural43 projects. Each written examination may be supplemented by such oral exami-44 nations as the board may determine.45 (4) Board powers. The board shall have, in addition to the powers set46 forth elsewhere in this chapter, the following powers and duties:47

26 (a) To authorize, by written agreement, the division of occupational1 and professional licenses to act as agent in its interest and to make2 such rules as shall be necessary in the performance of its duties;3 (b) (a) To adopt rules of professional responsibility; and4 (c) (b) To adopt rules requiring the completion of continuing education5 by each licensee on a biennial basis;6 (d) The board, or its duly appointed hearing officer, shall have the7 power in any disciplinary proceeding against a licensee under this8 chapter to administer oaths, take depositions of witnesses within or9 outside of the state in the manner provided by law in civil cases, and to10 apply to any district court of this state for a subpoena to require the11 attendance of such witnesses and the production of such books, records12 and papers as the board deems necessary in a disciplinary proceeding13 against a licensee. The fees and mileage of the witnesses shall be the14 same as that allowed in the district courts in criminal cases, which15 fees and mileage shall be paid in the same manner as other board ex-16 penses. In any case of disobedience to, or neglect of, any subpoena or17 subpoena duces tecum served upon any person, or refusal of any witness18 to testify to any matter about which he may lawfully be interrogated, it19 shall be the duty of any district court in this state on application by20 the board to compel compliance with the subpoena by conducting proceed-21 ings for contempt, as in the case of disobedience of the requirements of22 a subpoena issued from such court or for refusal to testify therein. The23 licensed person accused in such proceedings shall have the same right of24 subpoena.25 (5) Renewal and reinstatement -- revenue.26 (a) All licenses issued under the provisions of this chapter shall be27 subject to biennial renewal and shall expire unless renewed in the man-28 ner prescribed by the board regarding applications for renewal, contin-29 uing education, and fees. License renewal and reinstatement shall be in30 accordance with section 67-2614, Idaho Code.31 (b) (5) Amounts Fees. The amount of fees shall be as determined by the32 board within the following stated limits:33 (i) (a) The application fee not to exceed two hundred dollars ($200).34 (ii) The fee for examination to be established by board rule not to35 exceed that charged by the council of landscape architectural regis-36 tration boards plus a fifty-dollar ($50.00) processing fee. The board37 may recover the actual costs associated with an applicant's review of a38 failed examination.39 (iii) (b) The fee for an original license and the biennial renewal li-40 cense fee not to exceed four hundred dollars ($400).41 (c) The fee for reinstatement of a license as provided in section42 67-2614, Idaho Code.43 (c) Refund. Fees shall be nonrefundable.44 (d) Deposit. All fees received under the provisions of this chapter45 shall be deposited in the state treasury to the credit of the occupa-46 tional licenses fund, and all costs and expenses incurred by the board47 under the provisions of this chapter shall be a charge against and paid48 from said fund for such purposes, and the funds collected hereunder49 shall be immediately available for the administration of this chapter,50

27 the provisions of any other law notwithstanding. In no instance will1 the occupational licenses fund be obligated to pay any claims that in2 aggregate with claims already paid exceed the income to the occupa-3 tional licenses fund, which has been derived by the application of this4 chapter.5 (e) Appropriation. The money paid into the occupational licenses fund6 is continuously appropriated to the board for expenditure in the manner7 prescribed herein to defray the expenses of the board and in carrying8 out and enforcing the provisions of this chapter.9 (6) Endorsement provisions. The board may approve for licensure:10 (a) An individual with a current council of landscape architectural11 registration boards (CLARB) certification; or12 (b) With limited examination, an applicant who is legally registered13 or licensed as a landscape architect in any other state or country whose14 requirements for registration or licensure are at least substantially15 equivalent to the requirements of this state.16 (7) Exemptions.17 (a) None of the provisions of this chapter shall prevent employees of18 those lawfully practicing as landscape architects from acting under the19 instruction, control or supervision of their employers.20 (b) None of the provisions of this chapter shall apply to the busi-21 ness conducted in this state by any land use planner, horticulturist,22 nurseryman, or landscape nurseryman, gardener, landscape gardener,23 landscape designer, or landscape contractor, as these terms are gen-24 erally used, or any other person, including, but not limited to, their25 right to plan and supervise in connection therewith, except that no such26 person shall use the designation "landscape architect," "landscape ar-27 chitecture," or any description tending to convey the impression that28 they are a licensed landscape architect unless they are registered as29 provided in this chapter.30 (c) This chapter shall not apply to architects, professional engi-31 neers, geologists, and land surveyors any other professionals licensed32 to practice their respective professions.33 (8) This chapter applies to individuals only.34 (a) All licenses shall be issued to individuals only, but nothing35 contained in this chapter shall prevent a duly licensed landscape ar-36 chitect from rendering professional services for a corporation, firm,37 partnership or association.38 (b) Partners. Each partner in a partnership of landscape architects39 shall be licensed to practice landscape architecture or to provide al-40 lied professional services as defined in section 30-21-901, Idaho Code.41 Subject to this requirement, a partnership of landscape architects may42 use a partnership name if such name consists of:43 (i) The names of two (2) or more landscape architects; or44 (ii) The names of one (1) or more landscape architects and one (1)45 or more professional engineers or architects.46 (c) Any person applying to the official of any county or city for a47 business license to practice landscape architecture shall at the time48 of such application exhibit to such official satisfactory evidence that49 such applicant possesses a current Idaho license. The business license50

28 shall not be granted until such evidence is presented, any contrary pro-1 vision of any special act or general act notwithstanding.2 (9) Qualifications for practice -- seal.3 (a) No person shall use the designation "landscape architect" or "land-4 scape architecture" or advertise any title or description tending to5 convey the impression that the person is a landscape architect, or6 practicing landscape architecture, unless such person is a licensed7 landscape architect. Every holder of a license shall display it in the8 principal office, place of business, or place of employment.9 (b) Every landscape architect shall have a seal approved by the board10 that contains the name of the landscape architect and the words "Li-11 censed Landscape Architect, State of Idaho," and such other words or12 figures as the board may deem necessary and prescribe.13 (i) The seal may be a rubber stamp or an electronically applied14 seal. Whenever the seal is applied, the licensee's written sig-15 nature and the date shall be adjacent to or across the seal. The16 seal, signature and date shall be placed on all final reports,17 drawings and title pages of specifications, design information18 and calculations. Whenever presented to a client or to the public,19 such documents that are not final and do not contain a seal, signa-20 ture and date shall be clearly marked as "preliminary," "draft,"21 "not for construction" or similar words to distinguish the docu-22 ments from a finished product.23 (ii) The application of the licensee's seal, signature and the24 date shall constitute certification that the work thereon was pre-25 pared by such landscape architect or under the supervision of such26 landscape architect. Each plan or drawing sheet shall be sealed27 and signed by the licensee or the licensee's agent responsible for28 each sheet. The principal landscape architect in charge shall29 sign and seal the title or first sheet. Copies of electronically30 produced documents listed in subparagraph (i) of this paragraph31 that are distributed for informational use, such as for bidding32 purposes or working copies, may be issued with the licensee's33 seal and a notice that the original document is on file with the34 licensee's signature and date. The words "original signed by:"35 and "date signed:" shall be placed adjacent to or across the seal36 of the electronic original. The storage location of the original37 documents shall also be provided. Only the title page of reports,38 specifications and like documents need bear the seal and signature39 of the licensee and the date.40 (iii) Nothing contained herein shall be construed to permit a41 landscape architect to practice as a licensed architect, a li-42 censed professional engineer or a licensed land surveyor as these43 professions are defined by Idaho Code; provided however, nothing44 contained herein shall be construed to prevent a landscape archi-45 tect from practicing landscape architecture.46

SECTION 19. That Section 54-3005, Idaho Code, be, and the same is hereby47 amended to read as follows:48

29 54-3005. VIOLATIONS AND PENALTIES. (1) It shall be a violation for any1 person to:2 (a) Offer to practice or represent oneself as entitled to practice3 landscape architecture, unless duly licensed under this chapter;4 (b) Attempt to use the license of another;5 (c) Give false or forged evidence to the board or any member thereof in6 obtaining a license;7 (d) Falsely impersonate any other practitioner, of like or different8 name; or9 (e) Otherwise violate any of the provisions of this chapter.10 (2) Such violation shall be a misdemeanor. Each act under this section11 shall be treated as a separate offense.12 (2) Prosecution of violations. All violations of this chapter when re-13 ported to the board and duly substantiated by affidavits or other satisfac-14 tory evidence shall be investigated by the board, and if the report is found15 to be true and the evidence substantiated, the board shall report such vio-16 lations to the county attorney of the county in which the violation occurred17 and request prompt prosecution.18

SECTION 20. That Section 54-3309, Idaho Code, be, and the same is hereby19 amended to read as follows:20 54-3309. BOARD POWERS AND DUTIES. The board shall have the following21 powers and duties:22 (a) To determine the qualifications of persons applying for licenses23 under this chapter;24 (b) To prescribe, administer and determine examinations and a passing25 grade for licenses under this chapter;26 (c) To collect and adjust fees and charges prescribed in this chapter to27 cover the operating expenses of the board as may become necessary from time28 to time;29 (d) To issue licenses for the practice of denturitry under the condi-30 tions prescribed in this chapter;31 (e) To revoke or suspend denturists' licenses in the manner prescribed32 by this chapter;33 (f) To administer oaths and subpoena witnesses for the purpose of car-34 rying out the activities authorized under this chapter;35 (g) (e) To make rules and regulations pursuant to chapter 52, title 67,36 Idaho Code, to carry out the intents and purposes of this chapter; and37 (h) (f) To appoint committees and chairpersons and to delegate respon-38 sibilities to them as the need arises from time to time;.39 (i) To authorize, by written agreement, the division of occupational40 and professional licenses to act as agent in its interest.41

SECTION 21. That Section 54-4007, Idaho Code, be, and the same is hereby42 amended to read as follows:43 54-4007. POWERS AND DUTIES OF THE BOARD. (1) The board shall have the44 authority to:45 (1) (a) Determine the qualifications of persons applying for licensure46 pursuant to this chapter and to define, by rule, the appropriate scope47

30 of massage therapy in this state, provided however, that the scope of1 practice may not exceed that defined in section 54-4002(7), Idaho Code;2 (2) Authorize, by written agreement, the division of occupational and3 professional licenses as agent to act in its interest;4 (3) (b) Promulgate such rules as are necessary for the administration5 of this chapter, including standards of professional conduct;6 (4) Conduct investigations and hold hearings and compel the attendance7 of witnesses and the production of papers at such investigations or hear-8 ings;9 (5) (c) Collect fees and other funds as prescribed by this chapter;10 (6) (d) Contract and pursue other matters lawful in this state relating11 to massage therapy;12 (7) (e) Provide such other services and perform such other functions as13 are necessary and desirable to fulfill its purposes;14 (8) (f) Establish requirements for renewal of license and approval of15 continuing education courses as set forth in section 67-2614, Idaho16 Code;17 (9) (g) Establish rules for the approval of massage therapy entry-level18 educational standards but must remain consistent with curriculum re-19 quirements in this chapter, or rules promulgated pursuant thereto;20 (10) (h) Establish requirements for a student tuition credit program;21 and22 (11) (i) Establish requirements for a temporary license and provi-23 sional permit.24 (2) The registration of massage schools shall remain with the state25 board of education in accordance with chapter 24, title 33, Idaho Code.26

SECTION 22. That Section 54-4107, Idaho Code, be, and the same is hereby27 amended to read as follows:28 54-4107. DISCIPLINARY PROCEEDINGS. (1) The board may refuse to issue,29 refuse to renew or may suspend, revoke or otherwise sanction any license or30 certificate issued under this chapter for any of the following:31 (a) (1) Procuring licensure or certification pursuant to this chapter32 by knowingly making a false statement, submitting false information, refus-33 ing to provide complete information in response to a question in an applica-34 tion for licensure or certification or through any form of fraud or misrepre-35 sentation;36 (b) (2) Being convicted of a felony;37 (c) (3) Making any substantial misrepresentation, false promises or38 false or fraudulent representation;39 (d) (4) Violating the provisions of this chapter or any rules of the40 board;41 (e) (5) Being negligent or incompetent in developing an appraisal, in42 preparing an appraisal report or in communicating an appraisal;43 (f) (6) Accepting an appraisal assignment when the employment is con-44 tingent upon the licensed or certified appraiser reporting a predetermined45 estimate, analysis or opinion, or where the fee to be paid is contingent upon46 the opinion, conclusion, or valuation reached, or upon the consequences re-47 sulting from the appraisal assignment;48

31 (g) (7) Violating the confidential nature of governmental records to1 which he gained access through employment as a licensed or certified ap-2 praiser by a governmental agency;3 (h) (8) Entering into an agreement to perform specialized services for4 a contingent fee and failing to clearly state this fact in each written and5 oral report;6 (i) (9) Failing as a state-licensed or certified real estate appraiser7 to actively and personally supervise any person not licensed or certified8 under the provisions of this chapter who assists said state licensed or cer-9 tified appraiser in performing real estate appraisals;10 (j) (10) Having had a license or certificate to practice revoked, sus-11 pended or otherwise sanctioned by any state; or12 (k) (11) Failing to comply with a board order entered in a disciplinary13 matter.14 (2) The board, or its duly appointed hearing officer, shall have the15 power in any disciplinary proceeding under this chapter to administer oaths,16 take depositions of witnesses within or without the state in the manner pro-17 vided by law in civil cases, and may apply to any district court of this state18 for a subpoena to require the attendance of such witnesses and the produc-19 tion of such books, records and papers as it deems necessary. The fees and20 mileage of the witnesses shall be the same as that allowed in the district21 courts in civil cases, which fees and mileage shall be paid in the same man-22 ner as other expenses of the board are paid. In any case of disobedience to,23 or neglect of, any subpoena or subpoena duces tecum served upon any person,24 or the refusal of any witness to testify to any matter regarding which he may25 lawfully be interrogated, it shall be the duty of any district court in this26 state on application by the board to compel compliance with the subpoena by27 proceedings for contempt, as in the case of disobedience of the requirements28 of a subpoena issued from such court or for refusal to testify therein. The29 state-licensed or certified person accused in such proceedings shall have30 the same right of subpoena.31 (3) Except as otherwise provided in this chapter, all proceedings under32 this chapter shall be in accordance with the administrative procedure act,33 chapter 52, title 67, Idaho Code.34

SECTION 23. That Section 54-4311, Idaho Code, be, and the same is hereby35 amended to read as follows:36 54-4311. SUSPENSION AND REVOCATION OF LICENSE OR PERMIT -- REFUSAL TO37 RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the38 board may deny a license or permit or refuse to renew a license or permit, may39 suspend or revoke a license or permit, or may impose probationary conditions40 if the holder of a license or permit or applicant for a license or permit has41 been found guilty of conduct that has endangered or is likely to endanger the42 health, welfare, or safety of the public. Such conduct includes but is not43 limited to:44 (a) (1) Obtaining a license or permit by means of fraud, misrepresenta-45 tion, or concealment of material facts;46 (b) (2) Violating any of the grounds for discipline set forth in the47 rules established by the board;48

32 (c) (3) Being convicted of a crime that would have a direct and adverse1 bearing on the licensee's or permit holder's ability to practice or perform2 respiratory care competently;3 (d) (4) The unauthorized practice of medicine;4 (e) (5) Violating any provision of this chapter or any of the rules and5 regulations promulgated by the board under the authority of this chapter; or6 (f) (6) Being found mentally incompetent by a court of competent juris-7 diction or being found mentally incompetent or unfit by the board to provide8 respiratory care.9 (2) A denial, refusal to renew, suspension, revocation, or imposition10 of probationary conditions upon a license or permit may be ordered by the11 board after a hearing in the manner provided by this chapter and the rules12 adopted by the board.13

SECTION 24. That Section 54-5006, Idaho Code, be, and the same is hereby14 amended to read as follows:15 54-5006. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFES-16 SIONAL LICENSES. The administrator shall exercise such powers and duties as17 are reasonably necessary to enforce standards provided in this chapter, and18 he may, among other things:19 (1) Serve as secretary to the Idaho heating, ventilation and air condi-20 tioning board.21 (2) (1) Appoint state mechanical inspectors who shall be authorized to22 enter and inspect by and through a properly identified person, at reasonable23 hours, heating, ventilation and air conditioning systems.24 (3) (2) Make HVAC inspections for another state or local jurisdiction25 upon request by an appropriate building official. Such inspections shall be26 made in accordance with the applicable HVAC codes of the requesting juris-27 diction. Fees charged for such inspection services shall be as provided in28 the rules promulgated by the board.29 (4) (3) Notwithstanding the exception provided in section30 54-5002(1)(e), Idaho Code, the administrator may make inspections of31 modular buildings constructed in Idaho upon written request from the32 manufacturer. Such inspections shall be made in accordance with the codes33 adopted in this chapter. Inspection fees for such inspections shall be as34 provided in section 39-4303, Idaho Code. The administrator may issue an in-35 signia of approval if the buildings are in compliance with the requirements36 set forth in chapter 43, title 39, Idaho Code.37 (5) Summon witnesses to appear and testify before him on any matter38 within the provisions of this chapter. No person shall be required to tes-39 tify outside the county wherein he resides or where his principal place of40 business is located. Such summons to testify shall be issued and served in41 like manner as a subpoena to witness issued from the district court, or in42 other manner consistent with procedure of the division of occupational and43 professional licenses. In case any witness shall fail or refuse to appear44 and testify upon being summoned as herein provided, the clerk of the district45 court of the county shall, upon demand by said administrator or his desig-46 nated agent, issue a subpoena reciting the demand therefor and summoning the47 witness to appear and testify at a time and place fixed. Violation of such48

33 subpoena or disobedience thereto shall be deemed and punished as a violation1 of any other subpoena issued from the district court.2 (6) Administer oaths and take affirmations of witnesses appearing be-3 fore him or a duly appointed hearing officer; and have the power to appoint4 competent persons to issue subpoenas, administer oaths and take testimony.5 (7) (4) Impose civil penalties as provided in this chapter and rules of6 the board.7

SECTION 25. That Section 54-5315, Idaho Code, be, and the same is hereby8 amended to read as follows:9 54-5315. REVOCATION OR SUSPENSION OF LICENSE -- PROCEDURES FOR DISCI-10 PLINARY PROCEEDINGS. (1) The board shall have the power to refuse to issue a11 license or revoke, suspend, refuse to renew, or otherwise sanction any li-12 cense issued pursuant to the provisions of this chapter for any of the fol-13 lowing:14 (a) (1) Procuring a license or registration by knowingly making a false15 statement, submitting false information, refusing to provide complete16 information in response to a question in an application for a license or17 through any form of fraud or misrepresentation;18 (b) (2) Being convicted of a felony;19 (c) (3) Misrepresentation or fraudulent representation in the perfor-20 mance of any duty, conduct or activity regulated under this chapter;21 (d) (4) Violating the provisions of this chapter or any rules of the22 board or any code of conduct or ethical standards adopted by the board;23 (e) (5) Being incompetent; or24 (f) (6) Failing to provide appropriate and personal supervision, if25 acting as the designated supervisor, to any person gaining experience under26 the provisions of this chapter.27 (2) The board shall have the power to administer oaths, take deposi-28 tions of witnesses within or without the state in the manner provided by law29 in civil cases, and, within the state of Idaho, to require the attendance of30 such witnesses and the production of such books, records and papers as it may31 desire, relevant to any hearing before it of any matter it has authority to32 investigate, and for that purpose the board may issue a subpoena for any wit-33 ness or a subpoena duces tecum to compel the production of books, records or34 papers directed to the sheriff of any county of the state of Idaho where such35 witness resides or may be found, which subpoena shall be served and returned36 in the same manner as a subpoena in a criminal case.37 (3) The procedures for disciplinary proceedings shall be in compliance38 with the Idaho administrative procedure act, the Idaho rules of administra-39 tive procedure, and the division of occupational and professional licenses.40

SECTION 26. That Section 54-5409, Idaho Code, be, and the same is hereby41 amended to read as follows:42 54-5409. CERTAIN ACTS PROHIBITED. (1) The following acts shall be un-43 lawful and punishable as a misdemeanor:44 (a) (1) The violation of any of the provisions of this chapter;45

34 (b) (2) Permitting any person in one's employ, supervision or control1 to practice as a driving instructor unless that person has complied with the2 provisions of this chapter;3 (c) (3) Practicing or offering to practice any of the occupations de-4 fined in this chapter, unless licensed as herein provided; and5 (d) (4) Maintaining or operating a driving business unless such busi-6 ness is licensed as herein provided.7 (2) The board may seek injunction against any person who practices as8 a driving instructor or who operates a driving business in violation of the9 provisions of this chapter. In the event a permanent injunction is entered10 against such person, or plea or verdict of guilty is entered in any criminal11 matter, the board may impose a civil penalty in the amount of all costs and12 fees incurred by the board in prosecuting the matter.13

SECTION 27. That Section 54-5807, Idaho Code, be, and the same is hereby14 amended to read as follows:15 54-5807. POWERS OF THE BOARD. (1) The board shall have the power to:16 (a) (1) Receive applications for licensure, certification, and regis-17 tration, determine the qualifications of applicants, provide licenses, cer-18 tificates, and registrations to applicants qualified under the provisions19 of this chapter, and reinstate and deny licenses, certificates, and regis-20 trations;21 (b) (2) Establish fees by rule and collect fees as prescribed by this22 chapter;23 (c) (3) Maintain records necessary to carry out its duties under this24 chapter;25 (d) (4) Judge the qualifications and fitness of applicants for li-26 censes, certificates and registrations;27 (e) (5) Examine for, deny, approve, issue, revoke and suspend licenses,28 certificates and registrations, or sanction or impose education, training29 or supervision on any licensee, certificant or registrant pursuant to this30 chapter and conduct investigations in connection with such actions;31 (f) Conduct hearings and proceedings in accordance with the provisions32 of chapter 52, title 67, Idaho Code;33 (g) (6) Establish requirements for reinstatement and renewal of li-34 censes and registrations;35 (h) (7) Adopt and revise such rules as may be necessary to carry into36 effect the provisions of this chapter in compliance with chapter 52, title37 67, Idaho Code;38 (i) (8) Take such action as may be necessary to enforce the provisions39 of this chapter and to regulate the practice of occupations licensed, cer-40 tificated and registered under this chapter;41 (j) (9) Approve relevant cosmetology education for barber and bar-42 ber-styling licenses and approve relevant barber and barber-styling ed-43 ucation for cosmetology licenses; provided that the total instructional44 hours required for a licensed cosmetologist to qualify for a barber or45 barber-styling license shall not exceed one hundred (100) hours, unless re-46 quired by a national accrediting body; and47 (k) Authorize, by written agreement, the division of occupational and48 professional licenses as its agent to act in its interest and, at the board's49

35 discretion, contract with the division of occupational and professional li-1 censes for those services deemed necessary for the proper administration of2 this chapter.3 (2) In any proceeding before the board authorized by this chapter, the4 board or its designee may administer oaths or affirmations to witnesses ap-5 pearing before it, may subpoena witnesses and compel their attendance and6 also may require the production of books, papers, documents, electronically7 stored information and items at such proceedings. If any person shall refuse8 to obey any subpoena so issued or shall refuse to testify or comply with a re-9 quest for production, the board may present its petition to a district judge10 to cause an order to be issued requiring such witness to appear before the11 board to testify and to produce such books, papers and other documents and12 items as directed in the subpoena. Any person failing or refusing to obey13 such order shall be punished for contempt of court.14 (3) In a final order, the board may impose a civil penalty not to exceed15 one thousand dollars ($1,000) for each violation by a licensee, certificant16 or registrant of this chapter or of rules adopted by the board.17

SECTION 28. That Section 55-1811, Idaho Code, be, and the same is hereby18 amended to read as follows:19 55-1811. GENERAL POWERS AND DUTIES. (1) The commission shall have the20 authority to promulgate, to amend and to repeal reasonable rules for the ad-21 ministration and enforcement of this chapter. Such rules may include provi-22 sions for advertising standards to assure full and fair disclosure; provi-23 sions for bond, escrow or trust agreements or other means to assure that all24 improvements referred to in the application for registration and advertis-25 ing will be completed and that purchasers will receive the interest in land26 for which they contracted; provisions for operating procedures; and such27 other rules as are necessary or proper to accomplish the purposes of this28 chapter.29 (2) The commission may revoke a registration ordered under the provi-30 sions of this chapter, issue a cease and desist order and assess costs and at-31 torney's fees for the cost of any investigation and administrative or other32 proceedings against any person who is found to have violated any section of33 this chapter, the commission's administrative rules or any order of the com-34 mission. If any amounts assessed against a subdivider by final order of the35 commission become otherwise uncollectible or payment is in default, and only36 if all of the defendant's rights to appeal have passed, the commission may37 then proceed to district court and seek to enforce collection through judg-38 ment and execution, including an action against any bond filed or escrow or39 trust funds deposited pursuant to section 55-1806, Idaho Code.40 (3) Whenever it appears that a person has engaged or is about to engage41 in acts or practices that constitute or will constitute a violation of the42 provisions of this chapter or of a rule or order hereunder, the commission,43 with or without prior administrative proceedings, may bring an action in any44 district court to enjoin the acts or practices and to enforce compliance with45 this chapter or any rule or order hereunder. Upon a proper showing, a perma-46 nent or temporary injunction or restraining order may be granted.47 (4) (3) The commission may intervene in a suit involving subdivided48 lands. In any suit by or against a subdivider involving subdivided lands,49

36 the subdivider promptly shall furnish the commission notice of the suit and1 copies of all pleadings.2 (5) (4) The commission may:3 (a) Accept registrations filed in other states or with the federal gov-4 ernment;5 (b) Contract with the association of real estate license law officials6 to use its web-based file management system to accept registrations and7 related filings and to reduce the registration fees for applicants who8 use the web-based system to file registration documents;9 (c) Contract with similar agencies in this state or other jurisdictions10 to perform investigative functions.11 (6) (5) The commission shall cooperate with similar agencies in other12 jurisdictions to establish uniform filing procedures and forms, uniform13 public offering statements, advertising standards, rules and common admin-14 istrative practices.15

SECTION 29. That Section 55-1813, Idaho Code, be, and the same is hereby16 amended to read as follows:17 55-1813. INVESTIGATIONS AND PROCEEDINGS. (1) The commission may in-18 vestigate any subdivision offered for disposition in this state and the ac-19 tions of any person who makes any offer or disposition of subdivided lands20 requiring registration under this chapter. In the conduct of the investiga-21 tion, the commission may:22 (a) (1) Rely upon any relevant information concerning a subdivision ob-23 tained from the federal housing administration, the United States depart-24 ment of veterans affairs or any other federal agency or any state agency hav-25 ing comparable duties in relation to subdivisions;26 (b) (2) Require the applicant to submit reports prepared by competent27 engineers as to any hazard to which any subdivision offered for disposition28 is subject or any factor that affects the utility of interests within the29 subdivision and require evidence of compliance in removing or minimizing all30 hazards reflected in engineering reports;31 (c) (3) Require an on-site inspection of the subdivision by a person32 or persons designated by it. All expenses incurred in connection with an33 on-site inspection shall be defrayed by the applicant, and the commission34 shall require a deposit sufficient to defray such expenses in advance;35 (d) (4) Make public or private investigations within or outside this36 state to determine whether any person has violated or is about to violate the37 provisions of this chapter or any rule or order hereunder, or to aid in the38 enforcement of this chapter or in prescribing rules and forms hereunder; and39 (e) (5) Require or permit any person to file a statement in writing, un-40 der oath or otherwise as the commission determines, as to all the facts and41 circumstances concerning the matter to be investigated.42 (2) For the purpose of any investigation or proceeding under this chap-43 ter, the commission or any person designated by it may administer oaths or44 affirmations, and upon its own motion or upon the request of any party the45 commission or any person designated by it shall have the power to adminis-46 ter oaths, take depositions of witnesses in and out of the state of Idaho in47 the manner of civil cases, require the attendance of such witnesses and the48 production of such books, records and papers as it may desire at any hearing49

37 before it or deposition authorized by it pertaining in any manner to any mat-1 ters of which it has authority to investigate, and for that purpose the com-2 mission may issue a subpoena for any witness or a subpoena duces tecum to com-3 pel the production of any books, records or papers that shall be served and4 returned in the same manner as a subpoena in a civil case is returned. The5 fees and mileage of witnesses shall be the same as that allowed in the dis-6 trict courts in civil cases.7 (3) The commission may permit a person registered with the commission8 whose conduct or actions may be under investigation to waive formal proceed-9 ings and enter into a consent proceeding whereby orders, rules or letters of10 censure or warning, whether formal or informal, may be entered against said11 person.12 (4) Except as otherwise provided in this chapter, all proceedings under13 this chapter shall be in accordance with chapter 52, title 67, Idaho Code.14

SECTION 30. That Chapter 26, Title 67, Idaho Code, be, and the same is15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-16 ignated as Section 67-2616, Idaho Code, and to read as follows:17 67-2616. DIVISION PROCEEDINGS AGAINST A LICENSE, PERMIT, CERTIFI-18 CATE, OR REGISTRATION. (1) Every board, commission, program, and committee19 administered by the division shall have the power to hold and conduct hear-20 ings pursuant to chapter 52, title 67, Idaho Code, administer oaths, issue21 subpoenas, take depositions of witnesses, and require the attendance of such22 witnesses and the production of records. Fees and mileage of the witnesses23 shall be the same as that allowed in the district courts in criminal cases.24 In the event of disobedience to or neglect of any subpoena or the refusal of25 any witness to testify, it shall be the duty of the district court to compel26 obedience.27 (2) The division may maintain an action on behalf of any board, commis-28 sion, program, or committee administered by the division to enjoin any per-29 son from persisting in committing any act that constitutes a violation of30 the applicable practice act. The division shall bring such action in dis-31 trict court by filing a verified complaint. Upon a finding that the viola-32 tion is likely to continue, the court may issue a temporary writ enjoining33 the respondent from the act or acts constituting the violation, and the mat-34 ter shall proceed in the same manner as other injunction proceedings.35 (3) Upon a finding that a respondent has violated any of the provisions36 of any applicable practice act, regulation, or professional standard gen-37 erally accepted in the community relevant to the respondent's profession or38 occupation, the board, commission, program, or committee shall have power to39 enter or seek an order of formal discipline, including any or all of the fol-40 lowing:41 (a) Refusing to renew or reinstate the respondent's license, permit,42 certificate, or registration;43 (b) Revoking the respondent's license, permit, certificate, or regis-44 tration;45 (c) Suspending for a definite period of time the respondent's license,46 permit, certificate, or registration;47 (d) Otherwise restricting for a definite period of time the respon-48 dent's license, permit, certificate, or registration;49

38 (e) Requiring rehabilitation, education, or training;1 (f) Issuing a public reprimand;2 (g) Requiring restitution for losses suffered or reimbursement for any3 damages incurred as a result of a violation of the applicable practice4 act;5 (h) Imposing an administrative fine not to exceed one thousand dollars6 ($1,000) for each count or offense, unless otherwise provided in the7 board, commission, program, or committee statutes or rules; and8 (i) Assessing costs and attorney's fees against the respondent for any9 investigation or administrative proceeding.10 (4) Any formal disciplinary action taken pursuant to this section shall11 be conducted in accordance with the contested case provisions of chapter 52,12 title 67, Idaho Code.13 (5) Every board, commission, program, and committee may accept a vol-14 untary surrendering of a license or seek informal disposition of a disci-15 plinary matter by negotiation, stipulation, agreed settlement, or consent16 order imposing any penalties as set forth in subsection (3) of this section.17 Pursuant to the terms of the informal disposition, the matter may remain con-18 fidential and exempt from disclosure under the Idaho public records act, but19 a status report shall be provided to the original complainant upon request.20 (6) In addition to any of the grounds for professional discipline pro-21 vided in the applicable practice act, each board, commission, program, and22 committee administered by the division shall also have the power to enter or23 seek an order for:24 (a) Committing or aiding and abetting unlicensed practice in this25 state;26 (b) The failure of an applicant or licensee to cooperate with an inves-27 tigation; or28 (c) The failure of an applicant or licensee to continue to meet any re-29 quirements for initial licensure.30 (7) Each board, commission, program, and committee shall maintain ju-31 risdiction over every license, permit, certificate, and registration, in-32 cluding those that lapse due to nonrenewal. The existence or status of the33 license, permit, certificate, or registration shall not affect the juris-34 diction of any such board, commission, program, or committee over violations35 of the applicable practice act, regulations, or standards.36 (8) Any person may file a complaint with the relevant board, commis-37 sion, program, or committee against anyone who has been issued a license,38 permit, certificate, or registration by the relevant board, commission,39 program, or committee charging that person with violation of the provisions40 of any applicable practice act, regulation, or professional standard gen-41 erally accepted in the community relevant to the respondent's profession42 or occupation. The complaint shall specify charges in sufficient detail so43 as to disclose to the respondent the alleged acts of misconduct for which44 the respondent is charged. Upon receiving a complaint, the board, commis-45 sion, program, or committee shall notify the respondent holding the license,46 permit, certificate, or registration of the complaint and shall request a47 response from the respondent. If the board, commission, program, or commit-48 tee determines that it lacks jurisdiction over the matters in a complaint, it49 shall communicate such to the original complainant. Each board, commission,50

39 program, and committee shall keep an information file about each complaint1 filed with them, which shall be exempt from disclosure pursuant to sections2 67-2615 and 74-106, Idaho Code. The information in each complaint file shall3 contain complete, current, and accurate information, including but not lim-4 ited to:5 (a) All persons contacted in relation to the complaint;6 (b) A summary of the findings made at each step of the complaint7 process;8 (c) An explanation of the legal basis and reason for a complaint that is9 dismissed; and10 (d) Any other relevant information.11 (9) Each board, commission, program, and committee may refer a com-12 plaint for a violation of any section of this or any other applicable chapter13 before any court of competent jurisdiction. It shall be the duty of the14 prosecuting attorney of each county in the state to prosecute all violations15 of the provisions of this chapter in their respective counties in which such16 violations occur.17

SECTION 31. That Section 39-4125, Idaho Code, be, and the same is hereby18 repealed.19

SECTION 32. That Section 54-223, Idaho Code, be, and the same is hereby20 repealed.21

SECTION 33. That Section 54-225, Idaho Code, be, and the same is hereby22 repealed.23

SECTION 34. That Section 54-610, Idaho Code, be, and the same is hereby24 repealed.25

SECTION 35. That Section 54-713, Idaho Code, be, and the same is hereby26 repealed.27

SECTION 36. That Section 54-925, Idaho Code, be, and the same is hereby28 repealed.29

SECTION 37. That Section 54-926, Idaho Code, be, and the same is hereby30 repealed.31

SECTION 38. That Section 54-933, Idaho Code, be, and the same is hereby32 repealed.33

SECTION 39. That Section 54-1009, Idaho Code, be, and the same is hereby34 repealed.35

SECTION 40. That Section 54-1127, Idaho Code, be, and the same is hereby36 repealed.37

SECTION 41. That Section 54-1220, Idaho Code, be, and the same is hereby38 repealed.39

SECTION 42. That Section 54-1416, Idaho Code, be, and the same is hereby40 repealed.41

40

SECTION 43. That Section 54-1512, Idaho Code, be, and the same is hereby1 repealed.2

SECTION 44. That Section 54-1513, Idaho Code, be, and the same is hereby3 repealed.4

SECTION 45. That Section 54-1524, Idaho Code, be, and the same is hereby5 repealed.6

SECTION 46. That Section 54-1815, Idaho Code, be, and the same is hereby7 repealed.8

SECTION 47. That Section 54-1915, Idaho Code, be, and the same is hereby9 repealed.10

SECTION 48. That Section 54-1918, Idaho Code, be, and the same is hereby11 repealed.12

SECTION 49. That Section 54-1920A, Idaho Code, be, and the same is13 hereby repealed.14

SECTION 50. That Section 54-2066, Idaho Code, be, and the same is hereby15 repealed.16

SECTION 51. That Section 54-2115A, Idaho Code, be, and the same is17 hereby repealed.18

SECTION 52. That Section 54-2116, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 53. That Section 54-2120, Idaho Code, be, and the same is hereby21 repealed.22

SECTION 54. That Section 54-2220, Idaho Code, be, and the same is hereby23 repealed.24

SECTION 55. That Section 54-2221, Idaho Code, be, and the same is hereby25 repealed.26

SECTION 56. That Section 54-2311, Idaho Code, be, and the same is hereby27 repealed.28

SECTION 57. That Section 54-2414, Idaho Code, be, and the same is hereby29 repealed.30

SECTION 58. That Section 54-2608, Idaho Code, be, and the same is hereby31 repealed.32

SECTION 59. That Section 54-2920, Idaho Code, be, and the same is hereby33 repealed.34

SECTION 60. That Section 54-2924, Idaho Code, be, and the same is hereby35 repealed.36

41

SECTION 61. That Section 54-2925, Idaho Code, be, and the same is hereby1 repealed.2

SECTION 62. That Section 54-3113, Idaho Code, be, and the same is hereby3 repealed.4

SECTION 63. That Section 54-3114, Idaho Code, be, and the same is hereby5 repealed.6

SECTION 64. That Section 54-3216, Idaho Code, be, and the same is hereby7 repealed.8

SECTION 65. That Section 54-3321, Idaho Code, be, and the same is hereby9 repealed.10

SECTION 66. That Section 54-3322, Idaho Code, be, and the same is hereby11 repealed.12

SECTION 67. That Section 54-3323, Idaho Code, be, and the same is hereby13 repealed.14

SECTION 68. That Section 54-3409, Idaho Code, be, and the same is hereby15 repealed.16

SECTION 69. That Section 54-3716, Idaho Code, be, and the same is hereby17 repealed.18

SECTION 70. That Section 54-3720, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 71. That Section 54-4108, Idaho Code, be, and the same is hereby21 repealed.22

SECTION 72. That Section 54-4117, Idaho Code, be, and the same is hereby23 repealed.24

SECTION 73. That Section 54-4118, Idaho Code, be, and the same is hereby25 repealed.26

SECTION 74. That Section 54-4514, Idaho Code, be, and the same is hereby27 repealed.28

SECTION 75. That Section 54-5013A, Idaho Code, be, and the same is29 hereby repealed.30

SECTION 76. That Section 54-5218, Idaho Code, be, and the same is hereby31 repealed.32

SECTION 77. That Section 54-5219, Idaho Code, be, and the same is hereby33 repealed.34

SECTION 78. That Section 54-5317, Idaho Code, be, and the same is hereby35 repealed.36

42

SECTION 79. That Section 36-408, Idaho Code, be, and the same is hereby1 amended to read as follows:2 36-408. COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS3 LIMITED -- OUTFITTERS SET-ASIDE. (1) Tags and Permits -- Method of Use. The4 commission is hereby authorized to prescribe the number and kind of wildlife5 that may be taken under authority of the several types of tags and permits6 provided for in this title and the manner in which said tags and permits shall7 be used and validated. All Idaho wolf tags will be valid for hunting, trap-8 ping, and snaring in any unit when seasons are open at the time of take. There9 shall be no limit to the number of wolf tags that an individual can purchase.10 All appropriate fish and game education requirements must be met.11 (2) Limit -- Licenses, Tags or Permits -- Controlled Hunts. The commis-12 sion is hereby authorized to establish a limit annually as to the number of13 each kind and class of licenses, tags, or permits to be sold or issued and is14 further authorized to limit the number or prohibit entirely the participa-15 tion by nonresidents in controlled hunts.16 (3) Outfitted Hunter Tags Set-Aside. When the commission establishes a17 limit as to the number of nonresident deer tags and nonresident elk tags, it18 shall set aside, when setting big game seasons, in a statewide pool, a maxi-19 mum of twenty-five percent (25%) of the nonresident deer tag and nonresident20 elk tag limit. These tags may be allocated to the outfitted hunters in capped21 hunts and controlled hunts and set aside for outfitted hunter use in general22 hunts.23 (a) Such outfitted allocated set-aside tags shall be separate from the24 tag numbers set for residents and nonresidents in each capped or con-25 trolled hunt, unit, or game management area. The set-aside tags shall26 be sold pursuant to commission rule, only to persons that have entered27 into a signed agreement for that year to utilize the services of an out-28 fitter licensed pursuant to chapter 21, title 36, Idaho Code.29 (b) In order for a person to purchase any set-aside nonresident deer30 tag or nonresident elk tag, that person's outfitter must submit an ap-31 plication with the proper fees as required by the director. If any non-32 resident deer tags or nonresident elk tags set aside for use in general33 hunts pursuant to this subsection are unsold by July 15 of the year in34 which they were set aside, they may be sold by the department to the gen-35 eral public pursuant to commission rule. If any nonresident deer tags36 or nonresident elk tags set aside as general capped allocated tags pur-37 suant to this subsection are unsold by July 31 of the year in which they38 were set aside, they may be sold by the department to the general public39 pursuant to commission rule.40 (c) The commission may promulgate all necessary rules to implement the41 provisions of this subsection.42 (4) Deer and Elk Tag Allocation. When setting big game seasons, if the43 commission limits the number of deer or elk tags available for use in any game44 management area, unit, or zone, the commission may allocate by rule, where45 there are outfitted operations, a number of deer and elk tags from the out-46 fitted hunter set-aside pool of tags for use by hunters that have entered47 into a signed agreement for that year to utilize the services of an outfit-48 ter licensed pursuant to chapter 21, title 36, Idaho Code.49

43 (a) In addition to rules promulgated by the commission regarding al-1 location, or pursuant to this section, in capped hunts the commission2 may allocate the number of outfitted hunter elk and deer tags based on3 the highest number within each of the last two (2) years of all elk or4 deer tags using the services of an outfitter in each capped hunt. Any5 additional tags above the original outfitted hunter tag quota may come6 from the nonresident outfitted hunter set-aside pool or the nonresident7 quota in the capped hunt, not to exceed fifty percent (50%) of the non-8 resident quota for each capped hunt. In capped hunts, when tag numbers9 change for all users, they will apply proportionally to all user groups.10 (b) In controlled hunts, the commission may allocate the number of out-11 fitted hunter elk or deer tags based on a number compiled from each out-12 fitter's highest year within the last two (2) years of all elk or deer13 tags using the services of an outfitter for each controlled hunt. Any14 additional tags above the original outfitted hunter tag quota may come15 from the nonresident outfitted hunter set-aside pool or the nonresident16 quota in the controlled hunt, not to exceed fifty percent (50%) of the17 nonresident quota for each controlled hunt.18 (c) Outfitted hunter tag use history will be provided through records19 from the sale of outfitted hunter tags compiled by the Idaho department20 of fish and game and verified use other than allocated tags recorded21 with the department by December 20 by outfitters. The department shall22 distribute the allocated outfitted tags through its point-of-sale ma-23 chines.24 (d) Beginning December 1, 2020, all outfitted deer and elk tag use shall25 be verified in order to qualify for allocated outfitted hunter tag use26 history. Verification consists of the purchase of allocated tags from27 the Idaho department of fish and game or the use of an outfitter-pro-28 vided agreement, including the tag number that is recorded with the de-29 partment.30 (e) All big game tags used in allocated outfitted hunts must be recorded31 by outfitters with the department by December 20 each year. An admin-32 istrative fee of five dollars ($5.00) shall be assessed for each allo-33 cated outfitted big game tag sold or exchanged at a point-of-sale ma-34 chine. An administrative fee of twenty dollars ($20.00) shall be as-35 sessed for each big game tag submitted for verification as being outfit-36 ted.37 (f) The allocated tags shall be designated by the Idaho outfitters and38 guides licensing board to those authorized outfitting operations li-39 censed for elk and deer hunting for the use by the outfitted hunter, pur-40 suant to section 36-2107(h), Idaho Code.41 (g) Those tags not qualified for allocated tag use history include42 emergency depredation, landowner appreciation program hunts, or meat43 packing without an outfitted allocated deer or elk tag.44 (h) The commission may promulgate all necessary rules to implement the45 provisions of this subsection.46 (5) Special Game Tags. The commission is hereby authorized to issue two47 (2) special bighorn sheep tags per year.48 (a) Auction bighorn sheep tag. One (1) special bighorn sheep tag shall49 be auctioned off by an incorporated nonprofit organization dedicated50

44 to wildlife conservation selected by the commission. The tag shall be1 issued by the department of fish and game to the highest eligible bid-2 der. No more than five percent (5%) of all proceeds for the tag may be3 retained by the organization. The tag to be issued pursuant to this4 subsection shall be taken from the nonresident bighorn sheep tag quota.5 The net proceeds shall be forwarded to the director for deposit in the6 fish and game expendable trust account and shall be used for bighorn7 sheep research and management purposes. Moneys raised pursuant to this8 subsection may not be used to transplant additional bighorn sheep into9 that portion of southwest Idaho south of the Snake river and west of U.S.10 highway no. 93, nor for litigation or environmental impact statements11 involving bighorn sheep. No transplants of bighorn sheep accomplished12 with moneys raised pursuant to this subsection shall occur in any area13 until hearings are conducted in the area. Provided however, that none14 of the proceeds generated from the auction of bighorn sheep tags pur-15 suant to this paragraph be used to purchase or acquire private property16 or federally managed grazing permits, nor shall any proceeds generated17 be used for matching funds for the purchase of private property or the18 retirement or the acquisition of federally managed grazing permits.19 (b) Lottery bighorn sheep tag. The commission is also authorized to is-20 sue one (1) special bighorn sheep tag, which will be disposed of by lot-21 tery. The lottery permit can be marketed by the department of fish and22 game or a nonprofit organization dedicated to wildlife conservation se-23 lected by the commission. The tag will be issued by the department of24 fish and game to an eligible person drawn from the lottery provided in25 this subsection. No more than twenty-five percent (25%) of gross rev-26 enue can be retained for administrative costs by the organization. All27 net proceeds for the tag disposed of by lottery pursuant to this sub-28 section shall be remitted to the department and deposited in the fish29 and game expendable trust account. Moneys in the account from the lot-30 tery bighorn sheep tag shall be utilized by the department in solving31 problems between bighorn sheep and domestic sheep, solving problems be-32 tween wildlife and domestic animals or improving relationships between33 sportsmen and private landowners.34 (6) Issuance of Free Permit or Tag to Minor Children with Life-Threat-35 ening Medical Conditions. Notwithstanding any other provision of law, the36 commission may issue free big game permits or tags to minor children who have37 life-threatening medical conditions that have been certified eligible by38 a qualified organization. The commission may prescribe by rule the manner39 and conditions of issuing and using the permits or tags authorized under this40 subsection. For purposes of this subsection, a "qualified organization"41 means a nonprofit organization that is qualified under section 501(c)(3) of42 the Internal Revenue Code and that affords opportunities and experiences to43 minor children with life-threatening medical conditions.44 (7) Issuance of Free Permit or Tag to Military Veterans with Disabil-45 ities. The commission may prescribe by rule the manner and conditions of46 using the permits or tags authorized under this subsection. Notwithstand-47 ing any other provision of law, the commission shall issue five (5) free big48 game permits or tags to disabled military veterans whose disability has been49 certified eligible by the Idaho division of veterans services. All veterans50

45 applying must be sponsored by a "qualified organization," which for purposes1 of this subsection means a governmental agency that assists veterans or a2 nonprofit organization that is qualified under section 501(c)(3), 501(c)(4)3 or 501(c)(19) of the Internal Revenue Code and that affords opportunities,4 experiences and assistance to disabled veterans. The Idaho division of vet-5 erans services shall screen all applicants to ensure only the most deserving6 disabled veterans shall be issued these permits or tags. A list of screened7 applicants shall be provided to the commission in priority order for is-8 suance. The commission shall issue one (1) permit or tag each to the top two9 (2) candidates for a sponsored hunt as designated by the Idaho division of10 veterans services and the three (3) remaining permits or tags to candidates11 sponsored by a qualified organization as described in this subsection.12 (8) Special Wolf Tags. The commission is hereby authorized to issue up13 to ten (10) special auction or lottery tags for hunting wolves. Special wolf14 tags will be auctioned off or made available through lottery by incorporated15 nonprofit organizations dedicated to wildlife conservation and selected by16 the director. No more than five percent (5%) of all proceeds for each tag17 may be retained by the nonprofit organization for administrative costs in-18 volved. Each wolf tag shall be issued by the department of fish and game and19 awarded to the highest eligible bidder or winner of a lottery. Each tag will20 be good for the harvest of one (1) wolf pursuant to commission rule. The pro-21 ceeds from each tag will be sent to the director to be placed in the depart-22 ment general license fund.23 (9) Special Big Game Auction Tags -- Governor's Wildlife Partnership24 Tags. The commission is hereby authorized to issue special big game auc-25 tion tags hereafter named and referred to as "Governor's wildlife partner-26 ship tags" for hunting designated species on dates and in areas designated by27 the commission. To enhance and sustain the value of Idaho's wildlife, up to28 three (3) tags per species per year may be issued for deer, elk and pronghorn29 antelope, one (1) tag per year may be issued for moose, and one (1) tag per30 species per year may be issued for mountain goat and bighorn sheep. Each tag31 will be signed by the governor of Idaho prior to auction to the public and be32 available to either residents or nonresidents of Idaho. Governor's wildlife33 partnership tags issued for deer, elk, pronghorn antelope and moose pursuant34 to this subsection shall be taken from the nonresident controlled hunt pro-35 grams for these species adopted by the fish and game commission. Governor's36 wildlife partnership tags issued for mountain goat and bighorn sheep shall37 be taken from the nonresident mountain goat and bighorn sheep quota. Gover-38 nor's wildlife partnership tags shall be auctioned off by incorporated non-39 profit organizations dedicated to wildlife conservation and selected by the40 director. No more than five percent (5%) of all proceeds from each tag sale41 may be retained by the nonprofit organization for administrative costs in-42 volved, including in the event a tag is redonated and reauctioned. Each tag43 shall be issued by the department of fish and game and awarded to the high-44 est eligible bidder. Each tag shall be good for the harvest of one (1) big45 game animal pursuant to commission rule consistent with the provisions of46 this subsection. The proceeds from each tag shall be sent to the director to47 be allocated up to thirty percent (30%) for sportsmen access programs, such48 as access yes, and the balance for wildlife habitat projects, wildlife man-49 agement projects to increase the quantity and quality of big game herds, and50

46 other research and management activities approved by the commission. Pro-1 vided however, that none of the proceeds generated from the auctions pur-2 suant to the provisions of this subsection shall be used to purchase or ac-3 quire private property or federally managed grazing permits, nor shall any4 proceeds generated be used for matching funds for the purchase of private5 property or the retirement or the acquisition of federally managed grazing6 permits. Moneys raised pursuant to this subsection may not be used to trans-7 plant additional bighorn sheep into that portion of southwest Idaho south of8 the Snake river and west of U.S. highway no. 93, nor for litigation or envi-9 ronmental impact statements involving bighorn sheep.10

SECTION 80. That Section 36-2116, Idaho Code, be, and the same is hereby11 amended to read as follows:12 36-2116. COMPLAINT FOR VIOLATION -- PROSECUTION BY COUNTY ATTOR-13 NEY. (a) The board or its designated agent may prefer a complaint before any14 court of competent jurisdiction in the county where the offense occurred,15 for a violation of: (i) the provisions of subsections (1), (2), (7), (8),16 or (9) of section 36-2113, Idaho Code; or (ii) any regulation promulgated17 pursuant to subsection (d) of section 36-2107(c), Idaho Code.18 (b) Any person convicted of any violation enumerated in subsection19 (a) of this section shall be guilty of a misdemeanor and, upon conviction20 thereof, shall be punished as provided in section 36-2117, Idaho Code. Fifty21 percent (50%) of all fines and forfeitures collected shall be paid to the22 outfitters and guides licensing board and such moneys so received by the23 board shall be deposited with the state treasurer and the state treasurer24 shall credit the same to the occupational licenses fund and fifty percent25 (50%) of all fines and forfeitures collected shall be distributed in accor-26 dance with section 19-4705, Idaho Code.27

SECTION 81. That Section 54-314, Idaho Code, be, and the same is hereby28 amended to read as follows:29 54-314. DISCIPLINE -- INJUNCTION. (1) The board shall have the author-30 ity to sanction any license issued pursuant to the provisions of this chapter31 for any of the following:32 (a) Fraud or deception in applying for, procuring or renewing a license33 under this chapter;34 (b) Fraud or deceit in the practice of architecture or in procuring any35 contract in the practice of architecture;36 (c) Incompetence or gross negligence or recklessness in the practice of37 architecture;38 (d) A conviction, finding of guilt, receipt of a withheld judgment or39 suspended sentence in this or any other state, territory, country or ju-40 risdiction for a felony or a misdemeanor, which misdemeanor involved41 a violation of the provisions of this chapter, a willful violation of42 state or local building codes, or a violation of other laws relating to43 the public health and safety and was committed in the course of practic-44 ing architecture;45 (e) Affixing his signature to, or impressing his seal on, any plans,46 drawings, specifications or other instruments of service that have not47

47 been prepared by him or under his responsible control or permitting his1 name to be used for the purpose of assisting any person who is not a li-2 censed architect to evade the provisions of this chapter;3 (f) Receiving rebates, commissions, grants of money or other favors in4 connection with the work without the knowledge of the party for whom he5 is working or having a pecuniary interest in the performance of the con-6 tract for the work designed, planned or supervised by him without the7 knowledge and consent of the owner;8 (g) Unethical or unprofessional conduct as defined by the rules of the9 board or the code of ethics established by the rules of the board;10 (h) Practicing architecture or representing oneself as a licensed ar-11 chitect when unlicensed in violation of licensing laws of the jurisdic-12 tion in which the conduct took place;13 (i) Having had any professional or occupational license revoked, sus-14 pended or otherwise disciplined in Idaho or any other state, territory,15 country or jurisdiction;16 (j) Failing to maintain the requirements for a license, including not17 fulfilling the continuing education requirement for license renewal18 established by the board in rule;19 (k) Failing to comply with a board order; or20 (l) Violating any of the provisions of this chapter or any of the rules21 promulgated by the board under the authority of this chapter.22 (2) Sanctions that the board may impose include one (1) or more of the23 following:24 (a) Refusal to grant or renew a license;25 (b) Revocation of a license;26 (c) Suspension of a license for a period not to exceed two (2) years;27 (d) Restriction of a license to prohibit the offender from performing28 certain acts or from engaging in the practice of architecture in a par-29 ticular manner for a period not to exceed two (2) years;30 (e) Placement of the offender on probation and supervision by the board31 for a period not to exceed two (2) years; and32 (f) Imposition of an administrative fine not to exceed two thousand33 dollars ($2,000) per violation.34 (3) The procedures for disciplinary proceedings shall be in compliance35 with the Idaho administrative procedure act, the Idaho rules of administra-36 tive procedure, and the division of occupational and professional licenses.37 (4) The board or any Any resident citizen may maintain an action in eq-38 uity in the name of the state of Idaho to enjoin perpetually any person, firm,39 company, corporation or partnership from persisting in the doing of any acts40 constituting a violation of this chapter. Such action shall be brought in41 the district court of the county in which said act or acts or some of them42 are claimed to have been or are being committed by filing a complaint setting43 forth the acts. The court, or a judge thereof at chambers, if satisfied from44 the complaint or by affidavits that the acts complained of have been or are45 being committed and will probably be persisted in, may issue a temporary writ46 enjoining the defendant from the commission of any such act or acts pending47 final disposition of the case. The case shall proceed as in other cases for48 injunction. If at the trial the commission of the act or acts by the defen-49 dant is established, and the court further finds that it is probable that50

48 the defendant will continue therein or in similar violations, the court, or1 a judge thereof at chambers, shall enter a decree perpetually enjoining the2 defendant from thereafter committing said or similar acts.3

SECTION 82. That Section 54-712, Idaho Code, be, and the same is hereby4 amended to read as follows:5 54-712. DISCIPLINE BY THE BOARD -- GROUNDS. Any license or permit is-6 sued under the provisions of this chapter shall be subject to restriction,7 suspension, revocation or other discipline pursuant to the provisions of8 sections 54-707 and 54-713, Idaho Code, if the board finds that the licensee:9 (1) Has been convicted, found guilty, or received a withheld judgment10 or suspended sentence in this or any other state of a crime that is deemed11 relevant in accordance with section 67-9411(1), Idaho Code;12 (2) Used false, fraudulent or forged statements or documents, diplo-13 mas or credentials in connection with any licensing or other requirements of14 this chapter or misrepresented or concealed a material fact in obtaining li-15 censing, renewal or reinstatement;16 (3) Practiced chiropractic under a false or assumed name in this or any17 other state;18 (4) Advertised the practice of chiropractic in a false, misleading or19 deceptive manner;20 (5) Knowingly aided or abetted any person to practice chiropractic21 who is not authorized to practice chiropractic as provided in this chapter22 or failed to adequately supervise auxiliary staff who have contact with23 patients that creates or results in an unreasonable risk of harm to the pa-24 tient;25 (6) Is unable to obtain or renew a license to practice chiropractic, or26 whose license to practice chiropractic has been restricted, revoked or sus-27 pended by any other state, territory or district of the United States or for-28 eign jurisdiction; a certified copy of the order shall be conclusive evi-29 dence of any restriction, revocation or suspension of a license;30 (7) Failed to safeguard the confidentiality of chiropractic records or31 other chiropractic information pertaining to identifiable clients, except32 as required or authorized by law;33 (8) Practiced chiropractic when a license pursuant to this chapter is34 suspended, revoked, or inactive due to failure to renew the license within35 the time and manner required by the board;36 (9) Refused to divulge to the board, upon demand, the means, method, de-37 vice or instrumentality used in the treatment of a disease, injury, ailment,38 or infirmity;39 (10) Has engaged in any conduct that constitutes an abuse or exploita-40 tion of a patient arising out of the trust and confidence placed in the li-41 censee by the patient;42 (11) Has committed any act that constitutes a crime that is deemed rele-43 vant in accordance with section 67-9411(1), Idaho Code;44 (12) Is unable to practice chiropractic with reasonable skill and45 safety by reason of:46 (a) Mental illness;47 (b) Physical illness, including but not limited to physical deteriora-48 tion that adversely affects cognitive, motor or perceptive skills;49

49 (c) Habitual or excessive use or abuse of drugs defined in law as con-1 trolled substances, alcohol, or any other substances that impair abil-2 ity; or3 (d) Having a communicable, contagious or infectious disease that en-4 dangers the health of patients;5 (13) Has violated the standard of care or code of ethics as adopted by6 the board or misrepresented or committed fraud in any aspect of the business7 or practice of chiropractic;8 (14) Promoted unnecessary or inefficacious treatment, procedures, de-9 vices or services or practiced in an incompetent or negligent manner result-10 ing in or creating an unreasonable risk of harm; or11 (15) Has violated any provision of this act or any rule promulgated by12 the board for the administration or enforcement of this act, interfered with13 the board's conduct of investigations, hearings or any other matters relat-14 ing to discipline, including but not limited to misrepresenting facts, at-15 tempting to influence witnesses or failing to answer subpoenas, or otherwise16 failed to cooperate with the board in the fulfillment of its duties.17

SECTION 83. That Section 54-905, Idaho Code, be, and the same is hereby18 amended to read as follows:19 54-905. UNLAWFUL PRACTICE OF DENTISTRY. (1) Any person who shall prac-20 tice, or shall in any manner hold himself out to any other person, or to the21 public, as qualified or licensed to practice dentistry, or who represents22 himself to be a dentist, within the state of Idaho, without at the time23 thereof being a dentist, shall be guilty of a misdemeanor and upon conviction24 thereof shall be fined not less than one thousand dollars ($1,000) nor more25 than three thousand dollars ($3,000), or be imprisoned in the county jail for26 not less than thirty (30) days nor more than six (6) months, or both.27 (2) Each act of practice, or holding out, or representation, shall con-28 stitute a separate offense. In addition, a person found guilty of violating29 the provisions of this section for commercial gain may be assessed a civil30 penalty by the court, commensurate with the gain realized by the defendant,31 of up to twenty-five thousand dollars ($25,000) for each violation of the32 provisions of this section. The civil penalty collected by the court shall33 be remitted to the general fund of the state.34 (2) Conviction under the provisions of this section shall not prevent35 issuance of an injunction as provided in section 54-933, Idaho Code.36

SECTION 84. That Section 54-906, Idaho Code, be, and the same is hereby37 amended to read as follows:38 54-906. UNLAWFUL PRACTICE OF DENTAL HYGIENE. (1) Any person, not a39 dentist, who shall practice, or shall in any manner hold himself out to any40 other person, or to the public, as qualified or licensed to practice dental41 hygiene within the state of Idaho without at the time being a licensed dental42 hygienist, or who performs any act, function, or service permitted a dental43 hygienist by this act without the supervision of a dentist as specified by44 the rules of the board, shall be guilty of a misdemeanor and upon conviction45 shall be fined not less than one hundred dollars ($100) nor more than three46

50 hundred dollars ($300), or be imprisoned in the county jail for not less than1 thirty (30) days nor more than six (6) months, or both.2 (2) Each act of practice, or holding out, or representation shall con-3 stitute a separate offense.4 (2) Conviction under the provisions of this section shall not prevent5 issuance of an injunction as provided in section 54-933, Idaho Code.6

SECTION 85. That Section 54-906A, Idaho Code, be, and the same is hereby7 amended to read as follows:8 54-906A. UNLAWFUL PRACTICE OF DENTAL THERAPY. (1) Any person, not a9 dentist, who shall practice or in any manner hold himself out to any other10 person or to the public as qualified or licensed to practice dental therapy11 within the state of Idaho without at the time being a licensed dental thera-12 pist, or who performs any act, function, or service that is permitted a den-13 tal therapist by this chapter without the supervision of a dentist as speci-14 fied by the rules of the board, shall be guilty of a misdemeanor and upon con-15 viction shall be fined no less than one hundred dollars ($100) nor more than16 three hundred dollars ($300), or be imprisoned in the county jail for no less17 than thirty (30) days nor more than six (6) months, or both.18 (2) Each act of practice, or holding out, or representation shall con-19 stitute a separate offense.20 (2) Conviction under the provisions of this section shall not prevent21 issuance of an injunction as provided in section 54-933, Idaho Code.22

SECTION 86. That Section 54-1129, Idaho Code, be, and the same is hereby23 amended to read as follows:24 54-1129. DECLARATION OF INTENT. It is the purpose of sections 54-112925 through 54-1138, Idaho Code, to provide for the certification of licensed26 funeral establishments selling or offering for sale prearrangement sales27 contracts, to provide for the creation and administration of prearrangement28 sales contract trust funds to assure funds for the performance to purchasers29 who contract through prearrangement sales contracts for the purchase of30 funeral and cemetery merchandise and funeral and cemetery services, and to31 provide for the disbursement and allocation of trust funds upon the cer-32 tified seller's performance of its contractual obligations. The sections33 of Idaho Code specified herein shall not affect the provisions of sections34 54-1101 through 54-1121 and sections 54-1127 and section 54-1128, Idaho35 Code.36

SECTION 87. That Section 54-1212, Idaho Code, be, and the same is hereby37 amended to read as follows:38 54-1212. GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE. Except as39 herein otherwise expressly provided, no license as a professional engineer40 or professional land surveyor, or certification as an engineer intern or41 land surveyor intern, shall be issued until an applicant has successfully42 passed an examination given by or approved by the board, nor shall a license43 as a professional engineer or professional land surveyor, or certification44 as an engineer intern or land surveyor intern, be issued to an applicant hav-45

51 ing habits or character that would justify revocation or suspension of his1 license or certificate, as provided in section 54-1220, Idaho Code. Except2 for military personnel stationed in the state of Idaho on military orders and3 except for persons employed full-time in the state of Idaho, only residents4 of the state of Idaho and students enrolled at an Idaho university or college5 may qualify for initial licensure. The following shall be considered as6 minimum evidence satisfactory to the board that the applicant is qualified7 for certification as an intern or licensure as a professional engineer or8 professional land surveyor:9 (1) As a professional engineer:10 (a) Graduation from an approved engineering program of four (4) years11 or more in a school or college approved by the board as being of sat-12 isfactory standing, passage of examinations on the fundamentals of13 engineering and professional engineering acceptable to the board, and14 a specific record, after graduation, of an additional four (4) years or15 more of progressive experience in engineering work of a grade and char-16 acter satisfactory to the board and indicating that the applicant is17 competent to practice professional engineering; or18 (b) Graduation with a bachelor's degree in a related science from a19 school or college approved by the board, and evidence satisfactory20 to the board that the applicant possesses knowledge and skill approx-21 imating that attained through graduation from an approved four (4)22 year engineering program, passage of examinations on the fundamentals23 of engineering and professional engineering acceptable to the board,24 and a specific record, after graduation, of four (4) years or more of25 progressive experience in engineering work of a grade and character26 satisfactory to the board and indicating that the applicant is compe-27 tent to practice professional engineering.28 (2) As a professional land surveyor:29 (a) Graduation from an approved surveying program of four (4) years or30 more in a school or college approved by the board as being of satisfac-31 tory standing, passage of examinations on the fundamentals of survey-32 ing and professional land surveying acceptable to the board, and a spe-33 cific record of an additional four (4) years or more of progressive com-34 bined office and field experience in land surveying work of a grade and35 character satisfactory to the board and indicating that the applicant36 is competent to practice professional land surveying; or37 (b) Graduation with a bachelor's degree in a related program from38 a school or college approved by the board as being of satisfactory39 standing, and evidence satisfactory to the board that the applicant40 possesses knowledge and skill approximating that attained through41 graduation from an approved four (4) year surveying program, passage42 of examinations on the fundamentals of surveying and professional land43 surveying acceptable to the board, and a specific record of an addi-44 tional four (4) years or more of progressive combined office and field45 experience in land surveying work of a grade and character satisfactory46 to the board and indicating that the applicant is competent to practice47 land surveying.48 (3) As an engineer intern:49

52 (a) Passage of an examination on the fundamentals of engineering and1 graduation from an approved engineering program of four (4) years or2 more in a school or college approved by the board as being of satisfac-3 tory standing and indicating that the applicant is competent to enroll4 as an engineer intern;5 (b) Passage of an examination on the fundamentals of engineering and6 graduation with a bachelor's degree in a related science from a school7 or college approved by the board, and evidence satisfactory to the board8 that the applicant possesses knowledge and skill approximating that9 attained through graduation from an approved four (4) year engineering10 program and indicating that the applicant is competent to be enrolled as11 an engineer intern; or12 (c) Passage of an examination on the fundamentals of engineering and13 graduation with an engineering master's or doctoral degree approved by14 the board, evidence satisfactory to the board that the applicant pos-15 sesses knowledge and skill approximating that attained through gradua-16 tion from an approved four (4) year engineering program and indicating17 that the applicant is competent to be enrolled as an engineer intern.18 (d) In the event the applicant passes the examination prior to gradua-19 tion under the provisions of paragraph (a), (b) or (c) of this subsec-20 tion, a certificate will be issued only after the applicant graduates.21 (4) As a land surveyor intern:22 (a) Passage of an examination on the fundamentals of surveying and23 graduation from an approved surveying program of four (4) years or more24 in a school or college approved by the board as being of satisfactory25 standing and indicating that the applicant is competent to be enrolled26 as a land surveyor intern; or27 (b) Passage of an examination on the fundamentals of surveying and28 graduation with a bachelor's degree in a related program from a school29 or college approved by the board, evidence satisfactory to the board30 that the applicant possesses knowledge and skill approximating that31 attained through graduation from an approved four (4) year surveying32 program and indicating that the applicant is competent to be enrolled as33 a land surveyor intern.34 (c) In the event the applicant passes the examination prior to grad-35 uation from college under the provisions of paragraph (a) or (b) of36 this subsection, a certificate shall be issued only after the applicant37 graduates.38 In counting years of experience for licensure as a professional engi-39 neer or professional land surveyor, the board may, at its discretion, give40 credit, not in excess of one (1) year, for satisfactory graduate study toward41 a master's degree and not in excess of an additional one (1) year for satis-42 factory graduate study toward a doctorate degree. In the event an applicant43 obtains a doctorate degree without first obtaining a master's degree, the44 board may, at its discretion, give credit, not in excess of two (2) years.45 In considering the combined education and experience qualifications of46 applicants, the board shall consider engineering teaching, land surveying47 teaching, each year of satisfactory completion of undergraduate college48 education, advanced degrees in engineering and advanced degrees in land49

53 surveying in establishing the applicants' minimum composite knowledge and1 skill.2 The mere execution, as a contractor, of work designed by a professional3 engineer, or the supervision of the construction of such work as a foreman or4 superintendent, shall not be deemed to be the practice of engineering, but5 if such experience, in the opinion of the board, has involved responsible su-6 pervision of a character that will tend to expand the engineering knowledge7 and skill of the applicant, the board may in its discretion give such credit8 therefor as it may deem proper.9 Any person having the necessary qualifications prescribed in this chap-10 ter that otherwise entitle him for initial licensure or certification shall11 be eligible although he may not be practicing his profession at the time of12 making his application.13 The board may postpone acting on an application for certification or li-14 censure if disciplinary or criminal action related to the applicant's prac-15 tice has been taken or is pending in any other jurisdiction. The board may16 postpone the notification of examination results to applicants on any exam-17 ination if there is any unresolved examination irregularity involving the18 applicant. The board may investigate and adjudicate the validity of exami-19 nation irregularities and if the examination irregularities are substanti-20 ated, the board may invalidate the examination result of the applicant.21

SECTION 88. That Section 54-1222, Idaho Code, be, and the same is hereby22 amended to read as follows:23 54-1222. VIOLATIONS AND PENALTIES -- PROSECUTION OF OFFENSES. Any24 person who shall practice, or offer to practice, professional engineering25 or professional land surveying in this state without being licensed in ac-26 cordance with the provisions of this chapter, or any person presenting or27 attempting to use as his own the license or the seal of another, or any person28 who shall give any false or forged evidence of any kind to the board or to29 any member thereof in obtaining a license or certificate, or any person who30 shall falsely impersonate any other licensee of like or different name, or31 any person who shall attempt to use an expired or revoked license or practice32 at any time during a period the board has suspended or revoked his license, or33 any person who shall violate any of the provisions of this chapter, shall be34 guilty of a misdemeanor.35 Legal counsel selected by the board, or the attorney general of this36 state or anyone designated by him may act as legal advisor of the board. It37 shall be the duty of the attorney general of this state to enforce the pro-38 visions of this chapter relating to unlicensed practice and to prosecute39 any unlicensed person violating the same. The attorney general shall be40 reimbursed by the board for any fees and expenses incurred by the attorney41 general in representing the board or prosecuting unlicensed persons.42

SECTION 89. That Section 54-1502A, Idaho Code, be, and the same is43 hereby amended to read as follows:44 54-1502A. NONLICENSED PERSONS -- PENALTIES AND REMEDIES. (1) The45 board may investigate any person engaged in the practice of optometry within46 the state of Idaho or any person believed to have acted as an optometrist47

54 without being duly licensed as required by this chapter. Upon receipt of1 a written complaint, the board shall perform an investigation of the facts2 alleged. If the board investigation reveals that the facts alleged or re-3 ceived are sufficient to proceed with formal action, the board may authorize4 the filing of an administrative complaint against the person and may seek5 injunctive relief prohibiting such person from engaging in the practice of6 optometry. In addition or alternatively, the board may refer violators of7 the provisions of this chapter for prosecution pursuant to section 54-1513,8 Idaho Code.9 (2) (1) Each violation of the provisions of section 54-1502, Idaho10 Code, shall, upon conviction, result in a fine in an amount not to exceed one11 thousand dollars ($1,000), or imprisonment in the county jail for not less12 than thirty (30) days but not more than ninety (90) days, or by both such fine13 and imprisonment.14 (3) (2) The assessment of costs and fees incurred in the investigation15 and prosecution or defense of a person under this section shall be governed16 by the provisions of section 12-117(5), Idaho Code.17

SECTION 90. That Section 54-1732, Idaho Code, be, and the same is hereby18 amended to read as follows:19 54-1732. VIOLATIONS AND PENALTIES. (1) No drug outlet designated in20 section 54-1729, Idaho Code, shall be operated until a certificate has been21 issued to said facility by the board. Upon the finding of a violation of this22 subsection, the board may impose one (1) or more of the penalties enumerated23 in section 54-1728, Idaho Code.24 (2) Reinstatement of a certificate that has been suspended, revoked25 or restricted by the board may be granted in accordance with the procedures26 specified in section 54-1728(7), Idaho Code.27 (3) The following acts, or the failure to act, and the causing of any28 such act or failure are unlawful:29 (a) The sale, delivery or administration of any prescription drug30 or legend drug, except an emergency medication pursuant to section31 54-1735, Idaho Code, unless:32 (i) Such legend drug is dispensed or delivered by a pharmacist or33 prescriber upon an original prescription, drug order or prescrip-34 tion drug order by a practitioner in good faith in the course of his35 practice. Any person violating the provisions of this subpara-36 graph shall be guilty of a felony and on conviction thereof shall37 be imprisoned in the state penitentiary for a term not to exceed38 three (3) years, or punished by a fine of not more than five thou-39 sand dollars ($5,000), or by both such fine and imprisonment; or40 (ii) In the case of a legend drug dispensed to a person, there is41 a label affixed to the immediate container in which such drug is42 dispensed. Any person violating this subparagraph shall be guilty43 of a misdemeanor and upon conviction thereof shall be fined not44 more than five hundred dollars ($500). Nothing in this subpara-45 graph prohibits a practitioner from delivering professional sam-46 ples of legend drugs in their original containers in the course of47 his practice when oral directions for use are given at the time of48 such delivery.49

55 (b) The refilling of any prescription or drug order for a legend drug,1 except as designated on the prescription or drug order or by the autho-2 rization of the practitioner. Any person guilty of violating the pro-3 visions of this paragraph shall be guilty of a misdemeanor and upon con-4 viction thereof shall be incarcerated in the county jail for a term not5 to exceed one (1) year or punished by a fine of not more than one thousand6 dollars ($1,000), or by both such fine and incarceration.7 (c) The possession or use of a legend drug or a precursor, except an8 emergency medication pursuant to section 54-1735, Idaho Code, by any9 person unless such person obtains such drug on the prescription or drug10 order of a practitioner. Any person guilty of violating the provisions11 of this paragraph shall be guilty of a misdemeanor and upon conviction12 thereof shall be incarcerated in the county jail for a term not to exceed13 one (1) year or punished by a fine of not more than one thousand dollars14 ($1,000), or by both such fine and incarceration.15 (d) The wholesale distribution of drugs or devices by a pharmacy except16 for:17 (i) The sale, transfer, merger or consolidation of all or part of18 the business of a pharmacy or pharmacies from or with another phar-19 macy or pharmacies, whether accomplished as a purchase and sale of20 stock or business assets;21 (ii) The sale of minimal quantities of prescription drugs to prac-22 titioners for office use or to dispensing drug outlets for a spe-23 cific patient need;24 (iii) The sale of a prescription drug for emergency medical rea-25 sons, but never to a wholesale distributor;26 (iv) Intracompany sales of prescription drugs, meaning any trans-27 action or transfer between any division, subsidiary, parent or af-28 filiated or related company under common ownership and control of29 a corporate entity, or any transaction or transfer between coli-30 censees or a colicensed product, but never to a wholesale distrib-31 utor; or32 (v) Other exemptions as permitted by federal law.33 (e) The failure to keep records as required by this chapter. Any person34 guilty of violating the provisions of this paragraph shall be guilty of35 a misdemeanor and upon conviction thereof shall be incarcerated in the36 county jail for a term not to exceed one (1) year or punished by a fine37 of not more than one thousand dollars ($1,000), or by both such fine and38 incarceration.39 (f) The refusal to make available and to accord full opportunity to40 check any record, as required by the board. Any person guilty of vio-41 lating the provisions of this paragraph shall be guilty of a misdemeanor42 and upon conviction thereof shall be incarcerated in the county jail for43 a term not to exceed one (1) year or punished by a fine of not more than44 one thousand dollars ($1,000), or by both such fine and incarceration.45 (g) It is unlawful to:46 (i) Obtain or attempt to obtain a legend drug or procure or at-47 tempt to procure the administration of a legend drug: by fraud,48 deceit, misrepresentation or subterfuge; by the forgery or alter-49 ation of a prescription, drug order, or of any written order; by50

56 the concealment of a material fact; or by the use of a false name or1 the giving of a false address;2 (ii) Communicate information to a practitioner in an effort un-3 lawfully to procure a legend drug, or unlawfully to procure the ad-4 ministration of any such drug. Any such communication shall not be5 deemed a privileged communication;6 (iii) Intentionally make a false statement in any prescription,7 drug order, order, report or record required by this chapter;8 (iv) For the purpose of obtaining a legend drug to falsely assume9 the title of, or represent himself to be, a manufacturer, whole-10 saler, dispenser, prescriber, or other person;11 (v) Make or utter any false or forged prescription or false drug12 order or forged written order;13 (vi) Affix any false or forged label to a package or receptacle14 containing legend drugs. This subparagraph does not apply to law15 enforcement agencies or their representatives while engaged in16 enforcing state and federal drug laws; or17 (vii) Wholesale or retail any prescription or legend drug to any18 person in this state not entitled by law to deliver such drug to19 another.20 Every violation of paragraph (g)(i) through (vi) of this subsection shall21 be a misdemeanor, and any person convicted thereof shall be incarcerated in22 the county jail for a term not to exceed one (1) year or fined not more than23 one thousand dollars ($1,000), or punished by both such fine and imprison-24 ment. Any person violating paragraph (g)(vii) of this subsection is guilty25 of a felony and on conviction thereof shall be imprisoned in the state peni-26 tentiary for a term not to exceed three (3) years or punished by a fine of not27 more than five thousand dollars ($5,000), or by both such fine and imprison-28 ment.29 (4) The ultimate user of a legend drug who has lawfully obtained such30 legend drug may deliver, without being registered, the legend drug to an-31 other person for the purpose of disposal of the legend drug if the person re-32 ceiving the legend drug for purposes of disposal is authorized under a state33 or federal law or regulation to engage in such activity.34

SECTION 91. That Section 54-1920, Idaho Code, be, and the same is hereby35 amended to read as follows:36 54-1920. PENALTIES -- INJUNCTION. (1) Any person, firm, copartner-37 ship, corporation, limited liability company, limited liability partner-38 ship, association or other organization acting in the capacity of a public39 works contractor within the meaning of this chapter, without a license as40 herein provided or fails to comply with the provisions of subsection (1),41 (2) or (3) of section 67-2310, Idaho Code, shall be guilty of a misdemeanor42 and shall, upon conviction thereof, be punished by a fine not to exceed five43 thousand dollars ($5,000) or by imprisonment in the county jail for a term44 not to exceed one (1) year or by both such fine and imprisonment, at the dis-45 cretion of the court. The same penalties shall apply, upon conviction to46 any member of a copartnership, or to any construction, managing or directing47 officer of any corporation, limited liability company or limited liability48

57 partnership, or other organization consenting to, participating in, or aid-1 ing or abetting any such violation of this chapter.2 (2) Every public officer who knowingly lets a public contract to any3 person, firm, copartnership, corporation, limited liability company, lim-4 ited liability partnership, association or other organization who does not5 hold a license as required by the provisions of this chapter or knowingly6 fails to comply with the provisions of subsection (1) or (2) of section7 67-2310, Idaho Code, shall be guilty of a misdemeanor and upon conviction,8 punishable as provided in this section, unless, however, there be no quali-9 fied bidder willing to undertake the public works covered by the contract.10 No person engaged in the business or acting in the capacity of a contractor,11 may bring or maintain any action in any court of this state for the collection12 of compensation for the performance of any act or contract for which a li-13 cense is required by this chapter without alleging and providing that he was14 a duly licensed contractor at all times during the performance of such act or15 contract.16 (3) In addition to any other penalties specified in this section, when-17 ever any person violates the provisions of this chapter by acting as a public18 works contractor without a license, the administrator may maintain an action19 in the name of the state of Idaho to enjoin the person from any further viola-20 tions. Such action may be brought either in the county in which the acts are21 claimed to have been or are being committed, in the county where the defen-22 dant resides or in Ada county. Upon the filing of a verified complaint in the23 district court, the court, if satisfied that the acts complained of have been24 or probably are being or may be committed, may issue a temporary restraining25 order and/or preliminary injunction, without bond, enjoining the defendant26 from the commission of any such act or acts constituting the violation. A27 copy of the complaint shall be served upon the defendant and the proceedings28 shall thereafter be conducted as in other similar civil actions. If the com-29 mission of the act or acts is established, the court shall enter a decree per-30 manently enjoining the defendant from committing such act or acts. If an in-31 junction issued under the provisions of this section is violated, the court,32 or the judge thereof at chambers, may summarily try and punish the offender33 for contempt of court.34

SECTION 92. That Section 54-2118, Idaho Code, be, and the same is hereby35 amended to read as follows:36 54-2118. VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES. In addition37 to the disciplinary actions set forth in section 54-2115, Idaho Code:38 (1) Administrative actions.39 (a) Any person violating the provisions of this chapter, or violating40 a board rule, may be fined by the board or its duly authorized agent not41 more than five thousand dollars ($5,000) for each offense; provided42 that each act on each day of violation shall constitute a separate of-43 fense. Imposition of a fine may be made in conjunction with any other44 board administrative action. No fine may be assessed unless the per-45 son charged was given notice and opportunity for a hearing pursuant46 to the Idaho administrative procedure act. If a person fined fails47 to fully pay the fine, investigatory expenses or reasonable paralegal48 and attorney's fees, the board may recover such amount by action in the49

58 appropriate district court. Any assessment for costs and attorney's1 fees incurred in the investigation and prosecution or defense of a per-2 son under this chapter shall be governed by the provisions of section3 12-117(5), Idaho Code.4 (b) The board may establish alternatives to formal disciplinary ac-5 tion for violations of this chapter or board rules that may include a6 practice remediation program to educate and remediate licensees and7 certificate holders as a result of practice deficiencies. An alterna-8 tive to formal discipline may be offered by the board's liaison officer9 to a licensee or certificate holder when the officer has determined, in10 the officer's sound discretion, after consultation with and approval of11 the board president or vice president if the president is unavailable,12 that animal and public safety will not be compromised and the violation13 can most appropriately be resolved without formal discipline. To fur-14 ther the purposes of an alternative to discipline, it will be offered15 only by or through the liaison officer and, unless the person violates16 its terms, the full board will not be informed of the alternative to17 discipline or have to expressly approve its terms. An alternative to18 formal discipline shall not be available and may not be offered by the19 liaison officer in any of the following circumstances:20 (i) Within the preceding five (5) years, the person has been for-21 mally disciplined by the board or been the subject of an alterna-22 tive to discipline under this subsection;23 (ii) The person is currently on probation by the board;24 (iii) The person is currently under investigation by the board for25 any other offense;26 (iv) Felony charges are pending against the person, or the person27 is the subject of a current criminal investigation involving al-28 legations that, if verified, may reasonably be expected to affect29 the person's qualifications or eligibility to remain licensed or30 certified under this chapter; or31 (v) The act or omission committed by the person:32 1. Caused significant harm to an animal;33 2. Created a substantial risk likely to cause significant34 harm to an animal; or35 3. Involved fraud or deception.36 Among other terms and conditions, an alternative to formal discipline37 may require the licensee or certificate holder to comply with the in-38 structions of the board's liaison officer on remedying the violation,39 pay a monetary civil penalty to the board of up to one thousand dollars40 ($1,000) and pay all board investigative expenses and costs associated41 with the file, if warranted under section 12-117(5), Idaho Code.42 Upon successful completion of the terms and conditions of the alterna-43 tive to discipline, the violation shall not be considered "discipline,"44 shall not be reported to any national disciplinary database, and docu-45 ments and records related to the violation shall be exempt from disclo-46 sure under chapter 1, title 74, Idaho Code.47 (2) Civil court proceedings. The board, the attorney general's office,48 a county prosecuting attorney or any Any citizen of this state may bring an49 action in the district court of either Ada county or any county where a viola-50

59 tion is occurring, to enjoin any person from practicing veterinary medicine1 or practicing as a certified veterinary technician, certified euthanasia2 technician or any agency operating as a certified euthanasia agency without3 a currently valid, active license, certification, temporary permit or tem-4 porary certification. If the court finds that the person is violating the5 provisions of this chapter, it shall enter an injunction restraining that6 person from such unlawful acts.7 (3) Criminal actions. Any person who practices veterinary medicine,8 any person practicing as a certified veterinary technician, a certified eu-9 thanasia technician or any agency operating as a certified euthanasia agency10 without a currently valid, active license, certification, temporary permit11 or temporary certification shall be guilty of a misdemeanor and upon convic-12 tion or withheld judgment shall be fined not less than one hundred dollars13 ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no14 more than one hundred eighty (180) days, or both fined and incarcerated, and15 provided that each act of such unlawful practice shall constitute a distinct16 and separate offense.17 (4) The remedies set forth in this section are not mutually exclusive18 and a successful action on any one (1) remedy does not preclude action on some19 or all of the other remedies.20

SECTION 93. That Section 54-2821, Idaho Code, be, and the same is hereby21 amended to read as follows:22 54-2821. VIOLATIONS OF CHAPTER. (1) Any person who shall practice, or23 offer to practice, professional geology for others in this state without be-24 ing registered in accordance with the provisions of this chapter, or any per-25 son presenting or attempting to use as his own the certificate of registra-26 tion or the seal of another, or any person who shall give any false or forged27 evidence of any kind to the board or to any member thereof in obtaining a cer-28 tificate of registration, or any person who shall falsely impersonate any29 other registrant of like or different name, or any person who shall attempt30 to use an expired or a revoked certificate of registration or practice at any31 time during a period the board has suspended or revoked a certificate of reg-32 istration or any person who shall violate any of the provisions of this chap-33 ter, shall be guilty of a misdemeanor.34 (2) The board may employ legal counsel or may request the attorney gen-35 eral of this state or any assistant designated by him to act as legal advisor36 of the board, and the attorney general shall be reimbursed by the board for37 any expenses incurred by the attorney general in representing the board; and38 all violations of the provisions of this chapter shall be prosecuted by the39 prosecuting attorney of the county or counties in which the violations of the40 chapter may be committed.41

SECTION 94. That Section 54-3713, Idaho Code, be, and the same is hereby42 amended to read as follows:43 54-3713. SUSPENSION AND REVOCATION OF LICENSE -- REFUSAL TO RENEW. (1)44 Subject to the provisions of chapter 52, title 67, Idaho Code, the board may45 deny a license or refuse to renew a license, or may suspend or revoke a li-46 cense or may impose probationary conditions or disciplinary actions set out47

60 in section 54-3720, Idaho Code, if the licensee or applicant for license has1 been found guilty of unprofessional conduct as set forth in section 54-3718,2 Idaho Code, which has endangered or is likely to endanger the health, wel-3 fare, or safety of the public.4 (2) A denial, refusal to renew, suspension, revocation, or imposition5 of probationary conditions upon a license may be ordered by the board after6 a hearing in the manner provided by chapter 52, title 67, Idaho Code. An ap-7 plication for reinstatement may be made to the board one (1) year from the8 date of the revocation of a license. The board shall (a) accept or reject an9 application for reinstatement; and (b) hold a hearing to consider such rein-10 statement.11 (3) A suspended license is subject to expiration and may be renewed as12 provided in this chapter, but such renewal shall not entitle the licensee,13 while the license remains suspended and until it is reinstated, to engage in14 the licensed activity, or in any other conduct or activity in violation of15 the order of judgment by which the license was suspended.16 (4) A license revoked on disciplinary grounds is subject to expiration17 as provided in this chapter, but it may not be renewed. The licensee, as18 a condition of reinstatement, shall meet license requirements for new li-19 censees and shall pay a reinstatement fee set by the board.20

SECTION 95. That Section 54-4014, Idaho Code, be, and the same is hereby21 amended to read as follows:22 54-4014. ENFORCEMENT -- PENALTIES. A person who violates any provi-23 sion of this chapter shall, upon conviction, be guilty of a misdemeanor. The24 board may seek an injunction against any person who practices massage ther-25 apy in violation of the provisions of this chapter.26

SECTION 96. That Section 54-4119, Idaho Code, be, and the same is hereby27 amended to read as follows:28 54-4119. PENALTY FOR VIOLATION. Any person who acts as or holds him-29 self out to be, a state licensed or certified residential or state certi-30 fied general real estate appraiser within the meaning of this chapter with-31 out first obtaining a license or certificate as provided herein, may be pun-32 ished by a fine not to exceed one thousand dollars ($1,000) or by imprison-33 ment in the county jail for a term not to exceed one (1) year, or by both such34 fine and imprisonment in the discretion of the court. The board may prefer35 a complaint for violation of any section of this chapter before any court36 of competent jurisdiction and in any manner prescribed in section 54-4118,37 Idaho Code.38

SECTION 97. That Section 54-4133, Idaho Code, be, and the same is hereby39 amended to read as follows:40 54-4133. ENFORCEMENT. In addition to the powers conferred in section41 54-4107(2), Idaho Code, the board may conduct investigations of AMCs and The42 board may, after notice and hearing, censure an appraisal management com-43 pany, conditionally or unconditionally suspend, revoke or deny the issuance44 or renewal of any registration or any license issued under this act for vio-45

61 lations of this act, appraisal-related laws or rules or orders of the board.1 The board may, in a final order, levy fines or impose civil penalties not to2 exceed two thousand five hundred dollars ($2,500) for each violation if the3 board finds an appraisal management company is attempting to perform, has4 performed or has attempted to perform any of the following acts:5 (1) Any act in violation of this act;6 (2) A material violation of any rule or order adopted by the board; or7 (3) Procuring a registration or the renewal of a registration for it-8 self or any other person by making a false statement, submitting false infor-9 mation or refusing to provide complete information in response to a question10 in an application.11

SECTION 98. That Section 54-4313, Idaho Code, be, and the same is hereby12 amended to read as follows:13 54-4313. MISREPRESENTATION -- CONSUMER PROTECTION ACT. (1) The board14 may bring any action in the district court for a temporary restraining order,15 preliminary injunction, or permanent injunction against any person who vio-16 lates the provisions of this chapter, who falsely holds himself out as a res-17 piratory care practitioner, or who practices or provides respiratory care in18 violation of this chapter.19 (2) Any person who falsely holds himself out as a respiratory care prac-20 titioner shall be guilty of using a method, act, or practice that is declared21 to be unlawful as provided in chapter 6, title 48, Idaho Code.22

SECTION 99. That Section 54-4713, Idaho Code, be, and the same is hereby23 amended to read as follows:24 54-4713. PENALTIES. (1) A person who violates any provision of this25 chapter shall, upon conviction, be guilty of a misdemeanor.26 (2) The board may seek injunction against any person who practices27 acupuncture in violation of this chapter and may, in In the event a perma-28 nent injunction is entered against such person or plea or verdict of guilty29 is entered in any criminal matter, impose a civil penalty in the amount of30 all costs and fees incurred by the board in prosecuting the matter may be31 imposed.32 (3) The representation to another person that a person holds a license,33 certification or permit pursuant to this chapter, when such representa-34 tion is untrue, constitutes the using of a method, act or practice which is35 declared to be unlawful under the provisions of chapter 6, title 48, Idaho36 Code.37

SECTION 100. That Section 55-1612, Idaho Code, be, and the same is38 hereby amended to read as follows:39 55-1612. PENALTY. Professional land surveyors failing to comply with40 the provisions hereof shall be deemed to be within the purview of section41 54-1220, Idaho Code, and shall be subject to disciplinary action as in said42 section provided.43

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SECTION 101. That Section 55-1613, Idaho Code, be, and the same is1 hereby amended to read as follows:2 55-1613. MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES -- PROCEDURE3 -- REQUIREMENTS. The physical existence and location of the monuments of4 property controlling corners and accessories to corners, as well as bench-5 marks established and points set in control surveys by agencies of the United6 States government or the state of Idaho, shall be determined by a field7 search and location survey conducted by or under the direction of a profes-8 sional land surveyor prior to the time when project construction or related9 activities may disturb them. Construction documents or plans prepared by10 professional engineers shall show the existence and location of all such11 monuments, accessories to corners, benchmarks and points set in control sur-12 veys. All monuments, accessories to corners, benchmarks and points set in13 control surveys that are lost or disturbed by construction shall be reestab-14 lished and remonumented, at the expense of the agency or person causing their15 loss or disturbance, at their original location or by the setting of a wit-16 ness corner or reference point or a replacement benchmark or control point,17 by or under the direction of a professional land surveyor. Professional18 engineers who prepare construction documents or plans that do not indicate19 the existence and location of all such monuments, accessories to corners and20 benchmarks and points set in control surveys by agencies of the United States21 government or the state of Idaho shall be deemed to be within the purview of22 and subject to disciplinary action as provided in section 54-1220, Idaho23 Code pursuant to section 67-2616, Idaho Code.24

SECTION 102. An emergency existing therefor, which emergency is hereby25 declared to exist, this act shall be in full force and effect on and after26 July 1, 2026.27