reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4123 - APPRAISAL PANEL — ANNUAL SIZE CALCULATION.

54-4123. APPRAISAL PANEL — ANNUAL SIZE CALCULATION. For purposes of determining whether, within a calendar year, an AMC oversees an appraisal panel of more than fifteen (15) state certified or state licensed appraisers in one (1) state or twenty-five (25) or more state certified or state licensed appraisers in two (2) or more states:
(1) An appraiser is deemed part of the AMC’s appraiser panel as of the earliest date on which the AMC:
(a) Accepts the appraiser for the AMC’s consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or
(b) Engages the appraiser to perform one (1) or more appraisals on behalf of a creditor for a covered transaction or secondary mortgage market participation in connection with covered transactions.
(2) An appraiser who is deemed part of the AMC’s appraiser panel pursuant to subsection (1) of this section is deemed to remain on the panel until the date on which the AMC:
(a) Sends written notice to the appraiser removing the appraiser from the appraiser panel with an explanation of its action; or
(b) Receives written notice from the appraiser asking to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(3) If an appraiser is removed from an AMC’s appraiser panel pursuant to subsection (2) of this section, but the AMC subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the twelve (12) months after the appraiser is removed, the removal will be deemed not to have occurred, and the appraiser will be deemed to have been part of the AMC’s appraiser panel without interruption.
(4) The period for purposes of counting appraisers on an AMC’s appraiser panel is the calendar year.
History:
[54-4123, added 2016, ch. 131, sec. 1, p. 389.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4125 - EXEMPTIONS.

54-4125. EXEMPTIONS. The provisions of this act shall not apply to:
(1) A person that exclusively employs appraisers on an employer and employee basis for the performance of appraisals in this state;
(2) A federally regulated AMC;
(3) A department or unit within a financial institution that is subject to direct regulation by an agency of the United States government that is a member of the federal financial institutions examination council or its successor, or to regulation by an agency of this state, that receives a request for the performance of an appraisal from one (1) employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser that is an independent contractor to the institution, except that an AMC that is a wholly owned subsidiary of a financial institution shall not be considered a department or unit within a financial institution to which the provisions of this act do not apply; and
(4) An appraiser who enters into an agreement with another appraiser for the performance of an appraisal that upon completion results in a report signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal.
History:
[54-4125, added 2016, ch. 131, sec. 1, p. 391.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4126 - OWNERSHIP REQUIREMENTS — CONTROLLING PERSONS.

54-4126. OWNERSHIP REQUIREMENTS — CONTROLLING PERSONS. (1) No AMC shall be registered in this state if the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for substantive cause, as determined by the appropriate state appraiser certifying and licensing agency. An AMC is not barred from registration in this state if the license or certificate of the appraiser with an ownership interest was not revoked for a substantive cause and has been reinstated by the state or states in which the appraiser was licensed or certified.
(2) No AMC shall be registered in this state if any natural person that owns more than ten percent (10%) of the appraisal management company:
(a) Is determined by the board to not be in compliance with all minimum federal requirements; or
(b) Fails to submit to a background investigation, including a fingerprint-based criminal history check, carried out by the board.
(3) Each appraisal management company applying to the board for a registration in this state shall designate one (1) controlling person that will be the main contact for all communication between the board and the appraisal management company and notify the board of any change in the appraisal management company’s controlling person. The controlling person designated pursuant to this subsection shall:
(a) Have never had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in lieu of revocation for a substantive reason in any state, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated;
(b) Be in compliance with all minimum federal requirements, as determined by the board; and
(c) Submit to a background investigation, including a fingerprint-based criminal history check, carried out by the board.
History:
[54-4126, added 2016, ch. 131, sec. 1, p. 391; am. 2020, ch. 104, sec. 3, p. 280.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4127 - LIMITATIONS ON AGREEMENTS.

54-4127. LIMITATIONS ON AGREEMENTS. (1) An appraisal management company applying to the board for a registration in this state shall not knowingly or through lack of diligence for the purpose of performing appraisals or appraisal management services:
(a) Employ any person who has had a license or certificate to act as an appraiser in this state or in any other state refused, denied, canceled, revoked or surrendered in lieu of revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated;
(b) Enter into any independent contractor arrangements, whether in verbal, written or other form, with any person who has had a license or certificate to act as an appraiser in this state refused, denied, canceled, revoked or surrendered in lieu of a revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated; and
(c) Enter into any contract, agreement or other business relationship relating to the appraisal of real property, whether in verbal, written or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement or other business relationship, whether in verbal, written or any other form, with any person who has ever had a license or certificate to act as an appraiser in this state or in any other state refused, denied, canceled, revoked or surrendered in lieu of revocation, unless the person has subsequently had the license or certificate to act as an appraiser granted or reinstated.
(2) Each appraisal management company seeking to be registered in this state shall certify to the board upon registration and renewal that it has a system in place to train those who select individual appraisers for real estate appraisal services in the state to ensure that the selectors have appropriate training in placing appraisal assignments. The board cannot require that any person under this subsection meet education requirements required of persons seeking or maintaining a license as an appraiser.
(3) An appraisal management company registered in this state shall not prohibit an independent appraiser that is part of an appraisal panel from recording the fee that the appraiser was paid by the AMC for the performance of the appraisal within the communication of the appraisal.
History:
[54-4127, added 2016, ch. 131, sec. 1, p. 392.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4128 - APPRAISER ENGAGEMENT.

54-4128. APPRAISER ENGAGEMENT. (1) Before or at the time of placing an assignment with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall verify that the appraiser receiving the assignment meets the competency rule of the uniform standards of professional appraisal practice. An attestation provided by an appraiser that such appraiser is geographically competent within the appraiser’s scope of practice will satisfy an appraisal management company’s responsibility under this subsection.
(2) Except as otherwise provided in this act, an appraisal management company registered in this state pursuant to this act may not enter into any contracts or agreements with an appraiser for the performance of the appraisal in this state unless it verifies that the individual is licensed or certified to perform the appraisal pursuant to the state of Idaho real estate appraiser act. The appraisal management company may verify the status of the appraiser by contacting the board or utilizing the national registry of the appraisal subcommittee.
(3) Each appraisal management company seeking to be registered in this state shall certify to the board upon registration and renewal on a form prescribed by the board that the appraisal management company has a system and process in place to verify that an individual being added to the appraiser panel of the appraisal management company to perform appraisal services in this state holds a current license pursuant to the Idaho real estate appraiser act. The appraisal management company may verify the status of the appraiser by contacting the board or utilizing the national registry of the appraisal subcommittee.
(4) An appraisal management company shall engage only Idaho state certified or Idaho state licensed appraisers for appraisal services for federally related transactions in conformity with any federally related transaction regulations.
(5) Every AMC that engages an appraiser to perform one (1) or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions shall direct appraisers to perform the assignment in accordance with the uniform standards of professional appraisal practice.
History:
[54-4128, added 2016, ch. 131, sec. 1, p. 392.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4129 - APPRAISAL REVIEW.

54-4129. APPRAISAL REVIEW. Any employee of, or independent contractor to, the appraisal management company that performs an appraisal review shall be licensed or certified in this state or another state; provided that if a value opinion is provided, the person must be licensed in this state. A person performing a review that does not fall under the definition of an appraisal review is not required to be certified or licensed in any state.
History:
[54-4129, added 2016, ch. 131, sec. 1, p. 393.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4130 - APPRAISER COMPENSATION.

54-4130. APPRAISER COMPENSATION. Except in cases of breach of contract or substandard performance of services, an appraisal management company shall pay an appraiser for the completion of an appraisal or valuation assignment not later than forty-five (45) days after the date the appraiser provides the completed appraisal or valuation assignment to the company or its assignee unless otherwise agreed to by the parties. An appraiser with an adjudicated claim for fees unpaid for more than forty-five (45) days may assert a claim against the bond or letter of credit required in section 54-4124, Idaho Code.
History:
[54-4130, added 2016, ch. 131, sec. 1, p. 393.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4132 - ADDITIONAL POWERS OF THE BOARD.

54-4132. ADDITIONAL POWERS OF THE BOARD. In addition to the powers conferred elsewhere in this chapter, the board shall have the power under this act, in relation to appraisal management companies, to:
(1) Authorize by written agreement the division of occupational and professional licenses to act as its agent, to act in its interest and, in its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this act;
(2) Adopt, pursuant to the administrative procedure act, rules that are consistent with the provisions of this act and are not in conflict with state or federal law that may be reasonably necessary to implement, administer and enforce the provisions of this act;
(3) Conduct investigations into violations of this act;
(4) Receive applications for and approve registration of appraisal management companies pursuant to the provisions of this act;
(5) Hold meetings and hearings at such times as it may designate;
(6) Collect, deposit and disburse application and other fees and income;
(7) Collect the actual costs and fees, including attorney’s fees, incurred by the board in the investigation and prosecution of an AMC upon the finding of a violation of this act or a rule adopted or an order issued by the board under this act. Provided, however, that the assessment of costs and fees against or in favor of a licensee under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code;
(8) Take such action as may be necessary to enforce the provisions of this act and to regulate appraisal management companies;
(9) Report an AMC’s violation of applicable appraisal-related laws, regulations or orders, as well as disciplinary and enforcement actions or other relevant information about an AMC’s operations to state and federal agencies; and
(10) Require new applicants, owners or designated controlling persons for each new applicant to submit to a satisfactory fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database and to collect fees from applicants for the cost of such background checks.
History:
[54-4132, added 2016, ch. 131, sec. 1, p. 394; am. 2018, ch. 348, sec. 20, p. 816; am. 2022, ch. 94, sec. 59, p. 321.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4133 - ENFORCEMENT.

54-4133. ENFORCEMENT. In addition to the powers conferred in section 54-4107(2), Idaho Code, the board may conduct investigations of AMCs and may, after notice and hearing, censure an appraisal management company, conditionally or unconditionally suspend, revoke or deny the issuance or renewal of any registration or any license issued under this act for violations of this act, appraisal-related laws or rules or orders of the board. The board may, in a final order, levy fines or impose civil penalties not to exceed two thousand five hundred dollars ($2,500) for each violation if the board finds an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:
(1) Any act in violation of this act;
(2) A material violation of any rule or order adopted by the board; or
(3) Procuring a registration or the renewal of a registration for itself or any other person by making a false statement, submitting false information or refusing to provide complete information in response to a question in an application.
History:
[54-4133, added 2016, ch. 131, sec. 1, p. 395.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 41 - IDAHO REAL ESTATE APPRAISERS ACT › Section 54-4134 - FEDERAL REGISTRY REQUIREMENTS.

54-4134. FEDERAL REGISTRY REQUIREMENTS. (1) The board shall collect from each AMC registered or seeking to be registered in this state the information that the appraisal subcommittee requires to be submitted to it by the state pursuant to regulations or guidance promulgated by the appraisal subcommittee.
(2) A federally regulated AMC operating in this state shall report to the board the information required to be submitted by the state to the appraisal subcommittee, pursuant to the appraisal subcommittee’s policies regarding the determination of the AMC national registry fee. These reports shall include:
(a) A report to the board in a form prescribed by the board of the intent of the federally regulated AMC to operate in this state;
(b) Information related to whether the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for a substantive cause, as determined by the appraisal subcommittee; and
(c) If such person has had such action taken on his appraisal license, the board shall collect information related to whether the license was revoked for a substantive cause and if it has been reinstated by the state or states in which the appraiser was licensed.
History:
[54-4134, added 2016, ch. 131, sec. 1, p. 395.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4201 - SHORT TITLE.

54-4201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Residential Care Facility Administrators Act."
History:
[54-4201, added 1990, ch. 304, sec. 1, p. 834; am. 2000, ch. 274, sec. 133, p. 870; am. 2003, ch. 201, sec. 4, p. 532.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4202 - DEFINITIONS.

54-4202. DEFINITIONS. As used in this chapter:
(1) "Board" means the board of examiners of residential care facility administrators of the state of Idaho.
(2) "Examiner" means a member of the board of examiners of residential care facility administrators of the state of Idaho.
(3) "Executive secretary" means the secretary of the board of examiners of residential care facility administrators of the state of Idaho.
(4) "Practice of residential care facility administration" means that planning, organizing, directing and control of the operation of a residential care facility.
(5) "Provisional permit" means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter.
(6) "Provisional residential care facility administrator" means an individual who has been issued a permit as such under the provisions of this chapter.
(7) "Residential care facility" means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more elderly, developmentally disabled, physically disabled and/or mentally ill adults not related to the owner.
(8) "Residential care facility administrator" means any individual responsible for planning, organizing, directing and controlling the operation of a residential care facility, or who in fact performs such functions, whether or not such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter.
History:
[54-4202, added 1990, ch. 304, sec. 1, p. 834; am. 2000, ch. 274, sec. 134, p. 870; am. 2003, ch. 201, sec. 5, p. 532.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4203 - FACILITY SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED — PRACTICE BY UNLICENSED PERSON PROHIBITED — PROVISIONAL LICENSE.

54-4203. FACILITY SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED — PRACTICE BY UNLICENSED PERSON PROHIBITED — PROVISIONAL LICENSE. Effective July 1, 1991, no residential care facility in the state shall be operated unless it is under the supervision of a person who holds a currently valid residential care facility administrator’s license, or provisional permit, issued pursuant to this chapter. No person shall practice or offer to practice residential care facility administration in this state or use any title, sign, card or device to indicate that he is a residential care facility administrator unless such person is duly licensed or holds a current provisional permit as required by this chapter.
History:
[54-4203, added 1990, ch. 304, sec. 1, p. 835; am. 2000, ch. 274, sec. 135, p. 871; am. 2003, ch. 201, sec. 6, p. 532.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4204 - BOARD OF EXAMINERS OF RESIDENTIAL CARE FACILITY ADMINISTRATORS.

54-4204. BOARD OF EXAMINERS OF RESIDENTIAL CARE FACILITY ADMINISTRATORS. (1) There is hereby created in the division of occupational and professional licenses a board of examiners of residential care facility administrators that shall consist of five (5) members and be composed of two (2) residential care facility administrators, duly licensed and registered under this chapter, one (1) member shall be selected from any other profession or agency or institution concerned with the care of persons requiring assistance with the daily activities of living, one (1) licensed nurse from the nursing profession and one (1) member representative of the public at large; but no more than two (2) of the members of the board shall be officials or full-time employees of state or local governments. All members of the board shall be citizens of the United States or shall have declared their intent to become citizens of the United States and shall be residents of this state.
(2) The term of office for each member of the board shall be three (3) years, and all board members shall serve at the pleasure of the governor.
(3) (a) Appointments to the board shall be made by the governor who may consider recommendations for appointment to the board from any organized and generally recognized group concerned with residential care facility administration and from any individual residing in this state. Each member of the board shall hold office until his successor is duly appointed and qualified. Dismissals shall be by the governor, for reasonable cause.
(b) Members of the board shall be compensated as provided in section 59-509(l), Idaho Code.
(4) The board shall elect annually from its membership a chairman and vice chairman. The board shall hold two (2) or more meetings each year. A majority of the board membership shall constitute a quorum.
(5) The board shall exercise its powers and perform its duties and functions specified by this chapter.
(6) The board may, by written agreement, authorize the division of occupational and professional licenses, or other appropriate body as provided by law, as agent to act in its interest.
History:
[54-4204, added 1990, ch. 304, sec. 1, p. 835; am. 2000, ch. 274, sec. 136, p. 871; am. 2003, ch. 201, sec. 7, p. 533; am. 2011, ch. 77, sec. 1, p. 162; am. 2016, ch. 340, sec. 41, p. 961; am. 2021, ch. 222, sec. 34, p. 647.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4206 - QUALIFICATIONS FOR EXAMINATION FOR LICENSE.

54-4206. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall admit to the examination for licensure as a residential care facility administrator any candidate who submits the required application, pays a fee as determined by the board, has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, and is at least twenty-one (21) years old; and
(2) Each applicant shall submit evidence satisfactory to the board that he has successfully completed specialized courses or a program of study in the area of residential care facility administration as required and approved by the rules of the board; and
(3) Each applicant shall meet one (1) of the following combinations of education and experience:
(a) A high school diploma or equivalent and eight hundred (800) hours of on-site experience in a residential care facility under the supervision of a licensed administrator;
(b) An associate degree from an accredited college or university or equivalent and four hundred (400) hours of on-site experience in a residential care facility under the supervision of a licensed administrator; or
(c) A bachelor’s degree from an accredited college or university and two hundred (200) hours of on-site experience in a residential care facility under the supervision of a licensed administrator.
(4) A candidate who applies for examination under and pursuant to this section, but who does not otherwise meet the experience requirements provided for in subsection (3) of this section, may submit evidence satisfactory to the board that such applicant has satisfactory practical experience obtained in an internship training program in residential care facility administration as approved by the board or in a medical or health care facility as approved by the board.
History:
[54-4206, added 1990, ch. 304, sec. 1, p. 837; am. 2000, ch. 274, sec. 138, p. 873; am. 2003, ch. 201, sec. 9, p. 535; am. 2011, ch. 92, sec. 1, p. 201; am. 2022, ch. 246, sec. 32, p. 808.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4207 - SUBJECT MATTER OF EXAMINATION — FREQUENCY.

54-4207. SUBJECT MATTER OF EXAMINATION — FREQUENCY. (1) The board shall determine the subjects of examinations for applicants for licensure and the scope, content, and format of such examinations. The board may approve more than one (1) examination to qualify an applicant for licensure. The examination, or examinations, of an applicant for licensure shall demonstrate an applicant’s proficiency in the practice of, and knowledge of, applicable rules of health and safety within the state.
(2) Examinations shall be held at least semiannually at such times and places as the board shall designate.
History:
[54-4207, added 1990, ch. 304, sec. 1, p. 837; am. 2000, ch. 274, sec. 139, p. 874; am. 2003, ch. 201, sec. 10, p. 536; am. 2008, ch. 93, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4209 - LICENSURE — RENEWAL AND REINSTATEMENT OF LICENSES.

54-4209. LICENSURE — RENEWAL AND REINSTATEMENT OF LICENSES. License renewal and reinstatement shall be as set forth in section 67-2614, Idaho Code.
History:
[54-4209, added 1990, ch. 304, sec. 1, p. 838; am. 2000, ch. 274, sec. 141, p. 875; am. 2003, ch. 21, sec. 20, p. 89; am. 2003, ch. 201, sec. 12, p. 537; am. 2016, ch. 124, sec. 2, p. 358.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4210 - ENDORSEMENT OF LICENSES.

54-4210. ENDORSEMENT OF LICENSES. The board, in its discretion, and otherwise subject to the provisions of this chapter and the rules of the board may endorse a residential care facility administrator license issued by the proper authorities of any other state upon payment of a fee and upon submission of evidence meeting such requirements as are established by the rules of the board.
History:
[54-4210, added 1990, ch. 304, sec. 1, p. 839; am. 2000, ch. 274, sec. 142, p. 876; am. 2001, ch. 24, sec. 1, p. 29; am. 2003, ch. 201, sec. 13, p. 538.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4211 - PROVISIONAL PERMITS.

54-4211. PROVISIONAL PERMITS. (1) Pending issuance of a license, the board may issue a provisional permit for a period not exceeding three (3) months, without an examination to an applicant who files a written application for a provisional permit and who is otherwise qualified and meets the requirements of either section 54-4206(2) or (3), Idaho Code, and is applying to fill a vacancy on an emergency basis.
(2) Any individual who holds a valid Idaho nursing home administrator’s license and is in good standing according to the provisions of chapter 16, title 54, Idaho Code, may be deemed to meet the requirements for issuance of a residential care facility administrator’s license and may be issued one, upon application and payment of appropriate fees.
History:
[54-4211, added 1990, ch. 304, sec. 1, p. 840; am. 2000, ch. 274, sec. 143, p. 876; am. 2003, ch. 201, sec. 14, p. 538; am. 2006, ch. 125, sec. 2, p. 360; am. 2012, ch. 168, sec. 1, p. 448.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4212 - MISDEMEANORS LISTED — PENALTIES.

54-4212. MISDEMEANORS LISTED — PENALTIES. (1) It shall be a misdemeanor for any person to:
(a) Sell or fraudulently obtain or furnish any license or aid or abet therein; or
(b) Practice as a residential care facility administrator under cover of any license or permit illegally or fraudulently obtained or unlawfully issued; or
(c) Practice as a residential care facility administrator or use in connection with his or her name any designation tending to imply that he or she is a residential care facility administrator unless duly licensed and registered to so practice under the provisions of this chapter; or
(d) Practice as a residential care facility administrator during the time his or her license or permit issued under the provisions of this chapter shall be suspended or revoked; or
(e) Otherwise violate any of the provisions of this chapter.
(2) Such misdemeanor shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.
History:
[54-4212, added 1990, ch. 304, sec. 1, p. 840; am. 2000, ch. 274, sec. 144, p. 877; am. 2003, ch. 201, sec. 15, p. 539.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4213 - DISCIPLINARY ACTION.

54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or refuse to renew, or refuse to issue, any license or permit issued under the provisions of this chapter, or may reprimand, censure or otherwise discipline the holder of a license or permit in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(a) Upon proof that such licensee is reasonably unfit to operate a residential care facility;
(b) Upon proof of the willful or repeated violation of any of the provisions of this chapter or the rules enacted in accordance with, or of willful or repeated actions in a manner inconsistent with the health and safety of patients;
(c) Upon proof that such licensee has committed fraud or deceit in the practice of residential care facility administration or related activities or in the licensee’s admission to such practice;
(d) Upon proof that such licensee has permitted the unauthorized disclosure of information relating to a resident in the residential care facility under the administration of the licensee;
(e) Conviction of, pleading guilty or nolo contendere to, or receiving a withheld judgment of, a felony or any crime involving dishonesty or the health or safety of a person;
(f) Upon proof that the administrator had a license to practice a health care profession or occupation in another state or jurisdiction and such license was suspended or revoked or the administrator has otherwise been disciplined.
(2) The board, or a hearing officer designated by it, shall have jurisdiction to hear all charges brought under the provisions of this section against residential care facility administrators, or provisional residential care facility administrators, and upon such hearings shall determine such charges upon their merits.
(3) Proceedings under this section shall be initiated by filing with the board, charges in writing and under oath. The board on its own motion may conduct an investigation and initiate charges. The procedures for notification and the hearing on such charges, unless dismissed by the board as unfounded or trivial, shall be conducted pursuant to the provisions of chapter 52, title 67, Idaho Code.
History:
[54-4213, added 1990, ch. 304, sec. 1, p. 840; am. 1993, ch. 216, sec. 92, p. 663; am. 2000, ch. 274, sec. 145, p. 877; am. 2003, ch. 201, sec. 16, p. 539; am. 2006, ch. 125, sec. 3, p. 361.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4214 - REISSUANCE OF REVOKED LICENSE OR PERMIT.

54-4214. REISSUANCE OF REVOKED LICENSE OR PERMIT. (1) The board may, in its discretion, reissue a license or permit to any person whose license or permit has been revoked.
(2) Application for the reissuance of a license or permit shall be made in such manner as the board may direct in accordance with its rules.
History:
[54-4214, added 1990, ch. 304, sec. 1, p. 841; am. 2003, ch. 201, sec. 17, p. 540.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4215 - JUDICIAL REVIEW OF BOARD ACTION.

54-4215. JUDICIAL REVIEW OF BOARD ACTION. Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[54-4215, added 1990, ch. 304, sec. 1, p. 841; am. 1993, ch. 216, sec. 93, p. 664.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT › Section 54-4216 - DISPOSITION OF RECEIPTS — EXPENSE — REFUND.

54-4216. DISPOSITION OF RECEIPTS — EXPENSE — REFUND. All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter, the provisions of other law notwithstanding. In no instance will the occupational licenses fund be obligated to pay any claims which in aggregate with claims already paid exceed the income to the occupational licenses fund that has been derived by the application of this chapter.
The money paid into the occupational licenses fund is continuously appropriated to the board for expenditure in the manner prescribed herein to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.
History:
[54-4216, added 1990, ch. 304, sec. 1, p. 841; am. 2021, ch. 224, sec. 69, p. 687.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4301 - SHORT TITLE.

54-4301. SHORT TITLE. This act shall be known and may be cited as the "Respiratory Care Practice Act."
History:
[54-4301, added 2021, ch. 21, sec. 2, p. 54.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4302 - LEGISLATIVE INTENT.

54-4302. LEGISLATIVE INTENT. To promote the highest degree of professional conduct on the part of persons providing respiratory care to the public and to assure the availability of respiratory care services of high quality to persons in need of such services, it is the intent of the legislature to provide for the licensure and regulation of persons offering respiratory care services to the public.
History:
[54-4302, added 2021, ch. 21, sec. 2, p. 55.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4304 - LICENSURE BOARD.

54-4304. LICENSURE BOARD. (1) The licensure board shall consist of five (5) members appointed by the board, including three (3) licensed respiratory therapists, one (1) licensed respiratory therapist who is also a permitted polysomnographic technologist, and one (1) member of the public. All members shall be residents of Idaho at the time of their appointments and for their terms of service.
(2) In making appointments to the licensure board, the board shall give consideration to recommendations made by the Idaho society for respiratory care, the Idaho sleep professionals association, or other professional organizations or individuals.
(3) Licensure board members shall serve terms not to exceed three (3) years. No person shall be appointed to serve more than two (2) terms. In the event of death, resignation, or removal of any member before the expiration of the term to which appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(4) The board may, upon recommendation of the licensure board, or upon its own motion, remove any member of the licensure board, for cause, prior to the expiration of the member’s term.
(5) The licensure board shall at least annually hold a meeting and elect a chairperson who shall preside at meetings of the licensure board. In the event the chairperson is not present at any licensure board meeting, the licensure board may by majority vote of the members present appoint a temporary chairperson.
(6) A majority of the members of the licensure board shall constitute a quorum. Other meetings may be convened at the call of the chairperson or the written request of any two (2) licensure board members.
(7) Each member of the licensure board shall be compensated as provided in section 59-509(n), Idaho Code.
History:
[54-4304, added 2021, ch. 21, sec. 2, p. 56.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4305 - BOARD OF MEDICINE AND LICENSURE BOARD — POWERS AND DUTIES — FUNDS.

54-4305. BOARD OF MEDICINE AND LICENSURE BOARD — POWERS AND DUTIES — FUNDS. (1) The board shall administer, coordinate, and enforce the provisions of this chapter and, for that purpose, may hire such employees as may be necessary. The licensure board shall make recommendations to, and consult with, the board concerning qualification of applicants for licensure, issuance of licenses, revocation of licenses, and rules to be promulgated under this chapter.
(2) The board may, upon recommendation of the licensure board, adopt rules pursuant to chapter 52, title 67, Idaho Code, necessary to implement the provisions of this chapter, including but not limited to rules relating to professional licensure examination, the establishment of ethical standards of practice, disciplinary proceedings, and license suspension or revocation for persons holding a license or permit to practice in this state under the provisions of this chapter.
(3) The licensure board shall hold meetings, conduct hearings, and keep records and minutes as are necessary to carry out its functions.
(4) All fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the state board of medicine fund created in section 54-1809, Idaho Code. All costs and expenses incurred by the board and licensure board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes. The funds collected pursuant to this chapter shall be immediately available for the administration of this chapter. In no instance shall the state board of medicine fund be obligated to pay any claims that, in aggregate with claims already allowed, exceed the income to the state board of medicine fund that has been derived from the application of this chapter. Moneys paid into the state board of medicine fund pursuant to this chapter are hereby continuously appropriated to the board for expenditure in the manner prescribed in this chapter to defray the expenses of the board and licensure board in carrying out and enforcing the provisions of this chapter.
History:
[54-4305, added 2021, ch. 21, sec. 2, p. 56.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4306 - LICENSE OR PERMIT REQUIRED — PROVISIONAL LICENSE OR PERMIT.

54-4306. LICENSE OR PERMIT REQUIRED — PROVISIONAL LICENSE OR PERMIT. (1) Except as otherwise provided in this chapter, it shall be unlawful for any person to practice or offer to practice respiratory care or polysomnography-related respiratory care or for a person or entity to represent a person to be a respiratory care or polysomnography-related respiratory care practitioner unless such person is licensed or holds a valid permit under the provisions of this chapter or is exempt from the requirements of this chapter.
(2) The board may issue provisional licenses or permits to graduates of approved respiratory care or polysomnography-related respiratory care education programs seeking to qualify for licensure pursuant to this chapter. Provisional licenses and permits shall be issued upon such terms and conditions as the board may determine necessary to ensure safe and qualified performance of respiratory care or polysomnography-related respiratory care functions. The issuance of a provisional license or permit shall be as set forth in this chapter and pursuant to board rule.
History:
[54-4306, added 2021, ch. 21, sec. 2, p. 57.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4307 - POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE.

54-4307. POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE. (1) Only persons who are licensed as respiratory care practitioners or who are exempt from licensure pursuant to section 54-4312, Idaho Code, or who hold a permit issued by the board under the provisions of this chapter may provide polysomnography-related respiratory care services.
(2) An applicant for a permit to provide polysomnography-related respiratory care services must:
(a) Submit an application to the board on forms prescribed by the board and pay the permit fee required under this chapter;
(b) Not have been convicted of an offense or disciplined by a licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the provision of polysomnography-related respiratory care services;
(c) Be a high school graduate or have passed a general educational development (GED) examination and earned a GED certificate; and
(d) Be currently certified in cardiopulmonary resuscitation.
(3) A polysomnographic technologist applicant must have successfully completed the certification examination approved by the board.
(4) A polysomnographic technician applicant must have successfully completed a polysomnography program of not less than one (1) year duration, associated with a nationally accredited educational facility.
History:
[54-4307, added 2021, ch. 21, sec. 2, p. 57.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4308 - REQUIREMENTS FOR LICENSURE.

54-4308. REQUIREMENTS FOR LICENSURE. (1) A person who meets the requirements for licensure under the provisions of this section and who is not exempt from the requirements of this chapter pursuant to section 54-4312, Idaho Code, shall apply to the licensure board for the issuance of a license. The completed application shall be on a form provided by the board.
(2) The board shall issue a license to an applicant if the applicant makes a satisfactory showing to the licensure board that he has:
(a) Not been convicted of a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Not been subjected to disciplinary action in any state or territory of the United States or in any foreign country arising from a showing of gross negligence or intentional misconduct directly related to the provision of respiratory care; and
(c) Successfully received respiratory care credentialing by a board-approved national accrediting organization.
History:
[54-4308, added 2021, ch. 21, sec. 2, p. 57.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4309 - ISSUANCE OF LICENSE OR PERMIT.

54-4309. ISSUANCE OF LICENSE OR PERMIT. The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fees. The board may, in its discretion, by rule or regulation, provide for the proration of fees charged in conjunction with the initial application by a person for a license if such license shall, upon issuance, remain valid for less than one (1) full calendar year before the required renewal date as provided for in section 54-4310, Idaho Code.
History:
[54-4309, added 2021, ch. 21, sec. 2, p. 58.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4310 - LICENSE OR PERMIT EXPIRATION AND RENEWAL.

54-4310. LICENSE OR PERMIT EXPIRATION AND RENEWAL. (1) A license or permit issued under the provisions of this chapter shall be subject to renewal every one (1) or two (2) years and shall expire unless renewed in the manner prescribed by the rules of the licensure board upon payment of a renewal fee.
(2) Each individual applicant for renewal of an active license shall, on or before the expiration of the license, submit satisfactory proof to the licensing board of successful completion of no fewer than twelve (12) hours of board-approved continuing education in addition to any other requirements for renewal.
(3) Upon application, the board shall grant inactive status to the holder of a license who does not practice or provide respiratory care.
(4) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license and examination fee;
(b) Renewal of license fee;
(c) Inactive license fee; and
(d) Provisional license or permit fee.
(5) No license that has been expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-4308, Idaho Code, for obtaining an initial license.
History:
[54-4310, added 2021, ch. 21, sec. 2, p. 58.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 43 - RESPIRATORY CARE PRACTICE ACT › Section 54-4311 - SUSPENSION AND REVOCATION OF LICENSE OR PERMIT — REFUSAL TO RENEW.

54-4311. SUSPENSION AND REVOCATION OF LICENSE OR PERMIT — REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board may deny a license or permit or refuse to renew a license or permit, may suspend or revoke a license or permit, or may impose probationary conditions if the holder of a license or permit or applicant for a license or permit has been found guilty of conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Such conduct includes but is not limited to:
(a) Obtaining a license or permit by means of fraud, misrepresentation, or concealment of material facts;
(b) Violating any of the grounds for discipline set forth in the rules established by the board;
(c) Being convicted of a crime that would have a direct and adverse bearing on the licensee’s or permit holder’s ability to practice or perform respiratory care competently;
(d) The unauthorized practice of medicine;
(e) Violating any provision of this chapter or any of the rules and regulations promulgated by the board under the authority of this chapter; or
(f) Being found mentally incompetent by a court of competent jurisdiction or being found mentally incompetent or unfit by the board to provide respiratory care.
(2) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license or permit may be ordered by the board after a hearing in the manner provided by this chapter and the rules adopted by the board.
History:
[54-4311, added 2021, ch. 21, sec. 2, p. 58.]