Idaho 2024 2024 Regular Session

Idaho House Bill H0724 Introduced / Bill

                    LEGISLATURE	OF THE STATE OF IDAHO
Sixty-seventh	Legislature	Second	Regular	Session	-2024
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 724
BY REDMAN
AN ACT1
RELATING	TO OCCUPATIONAL	LICENSING;	AMENDING	SECTION	67 -2604, IDAHO CODE,2
TO REVISE	PROVISIONS	REGARDING	THE DUTIES	OF THE DIVISION	ADMINISTRA	-3
TOR; AMENDING	SECTION	67 -2608, IDAHO CODE, TO REQUIRE	REPORTS	REGARDING4
FUND BALANCES;	AMENDING	SECTION	67 -9403, IDAHO CODE, TO DEFINE	TERMS;5
AMENDING	SECTION	67 -9406, IDAHO CODE, TO REMOVE ADEFINITION;	REPEALING6
SECTION	67 -9407, IDAHO CODE, RELATING	TO AREPORT	TO THE LEGISLATURE;7
AMENDING	CHAPTER	94, TITLE 67, IDAHO CODE, BY THE ADDITION	OF ANEW SEC -8
TION 67 -9407, IDAHO CODE, TO ESTABLISH	PROVISIONS	REGARDING	UNIVERSAL9
OCCUPATIONAL	AND PROFESSIONAL	LICENSING	PRACTICE	AUTHORITY;	AMENDING10
SECTION	67 -9408, IDAHO CODE, TO REVISE PROVISIONS	REGARDING	THE SUNRISE11
REVIEW PROCESS;	AMENDING	SECTION	67 -9409, IDAHO CODE, TO REMOVE ADEFI -12
NITION;	PROVIDING	LEGISLATIVE	INTENT REGARDING	AREPORT TO THE LEGISLA	-13
TURE; AND DECLARING	AN EMERGENCY	AND PROVIDING	AN EFFECTIVE	DATE.14
Be It Enacted	by the Legislature	of the State of Idaho:15
SECTION	1. That Section	67 -2604, Idaho Code, be, and the same is hereby16
amended	to read as follows:17
67 -2604. DUTIES	OF DIVISION	ADMINISTRATOR.	(1) In administering	the18
laws regulating	professions,	trades,	and occupations	within	the division19
of occupational	and professional	licenses,	and in addition	to the authority20
granted	to the administrator	by the laws and rules of the agencies	and enti -21
ties within the division,	the administrator	may:22
(a) Revise the operating	structure	of the division	as needed to provide23
efficient	and appropriate	services	to the various	professions,	trades,24
occupations,	and programs	administered	within the division;25
(b) Conduct	examinations	to ascertain	the qualifications	and fitness26
of applicants	to exercise	the profession,	trade,	or occupation	for27
which an examination	is held;28
(c) Pass upon the qualifications	of applicants	for reciprocal	li -29
censes,	certificates,	registrations,	and authorities;30
(d) Prescribe	rules consistent	with the provisions	of chapter	94, title31
67, Idaho Code, for afair and impartial	method of examination	of candi -32
dates to exercise	the respective	profession,	trade, or occupation;33
(e) Appoint	hearing	officers,	administer	oaths,	take depositions	of34
witnesses	within or without	the state in the manner provided	by the ad -35
ministrative	rules adopted	by the division,	issue subpoenas,	compel the36
attendance	of witnesses,	and assess	costs and fees incurred	in the in -37
vestigation	and prosecution	or defense	of any certificate	holder,	li -38
censee,	or registrant	of the division,	in accordance	with the provi -39
sions of section	12 -117(5),	Idaho Code, when applicable,	the contested40
case provisions	of chapter	52, title 67, Idaho Code, and laws and rules41
of the agencies	within the division;42 2
(f) Assess	civil penalties	as authorized	for aviolation	of laws or1
rules,	provided	that any such civil penalty	collected	for aviolation2
of laws or rules shall not exceed one thousand	dollars	($1,000),	unless3
otherwise	provided	by statute	or rule, and shall be deposited	in the oc -4
cupational	licenses	fund;5
(g) Implement	processes	and promulgate	rules consistent	with the pro -6
visions	of chapter	94, title 67, Idaho Code, for the administration	of7
the chapters	of those agencies	assigned	to the division,	including	but8
not limited	to:9
(i) The application,	issuance,	renewal,	cancellation,	and rein -10
statement	of licenses,	certificates,	registrations,	and permits,11
together	with assessment	of all related	fees;12
(ii) The terms by which fees may be prorated,	if any; and13
(iii) Procedures	for the replacement	of lost or destroyed	li -14
censes,	certificates,	or registrations;15
(h) Employ	individuals,	make expenditures,	enter into contracts,16
require	reports,	make investigations,	travel,	and take other actions17
deemed necessary;18
(i) Collect	and pay such fees as are required	for criminal	background19
checks of applicants,	licensees,	or registrants;20
(j) Provide	honoraria	as set forth in section	59 -509(p),	Idaho Code;21
(k) Require	applications	to be verified	under oath;22
(l) Require	applicants	to provide	aclear and legible	copy of agovern -23
ment -issued photo identification;24
(m) Notwithstanding	any other provisions	of law, terminate	an appli -25
cation that has not had any activity	within one (1) year six (6) months ,26
unless otherwise	specified	in law or rule;27
(n) Issue alicense,	certificate,	permit,	or authority	only on behalf28
of an agency that has administrative	rules approved	by the legislature;29
(o) Implement	application	processes	that provide	for clear adminis	-30
tration	of all licenses,	registrations,	permits,	and certificates,	in -31
cluding	their status and history;	and32
(p) Establish	advisory	committees	as needed	to provide	efficient	and33
appropriate	services	to the various	professions,	trades,	occupations,34
and programs	administered	within the division.35
(2) Notwithstanding	any law governing	any agency	within	the division,36
each board or commission	member shall hold office until asuccessor	has been37
duly appointed	and qualified.38
(3) The administrator	shall administer	the following	provisions	and39
shall perform	such additional	duties	as are imposed	by law: chapter	41,40
title 39, Idaho Code, relating	to the Idaho building	code; chapter	40, ti -41
tle 39, Idaho Code, relating	to manufactured	homes;	chapter	43, title 39,42
Idaho Code, relating	to modular	buildings;	chapter	21, title 44, Idaho Code,43
relating	to manufactured	home dealer	and installer	licensing;	chapter	25,44
title 44, Idaho Code, relating	to mobile	home rehabilitation;	chapter	10,45
title 54, Idaho Code, relating	to electrical	contractors	and journeymen;46
chapter	19, title 54, Idaho Code, relating	to public	works contractors;47
chapter	26, title 54, Idaho Code, relating	to plumbing	and plumbers;	chapter48
45, title 54, Idaho Code, relating	to public	works construction	management49
licensing;	chapter	50, title 54, Idaho Code, relating	to installation	of50 3
heating,	ventilation	and air conditioning	systems;	chapter	80, title 39,1
Idaho Code, relating	to uniform	public	school	building	safety;	chapter	59,2
title 33, Idaho Code, relating	to Idaho school safety and security;	chapter3
86, title 39, Idaho Code, relating	to elevator	safety;	and chapter	22, title4
55, Idaho Code, relating	to underground	facilities	damage prevention.5
(4) For those agencies	listed in subsection	(3) of this section,	the ad -6
ministrator	may, in addition	to those powers listed in this chapter:7
(a) Issue registrations,	licenses,	and certificates;8
(b) Charge afee of seventy	-five dollars	($75.00)	for each examination9
administered,	unless adifferent	fee is established	in law or rule;10
(c) Conduct	hearings	on proceedings	to discipline,	renew, or reinstate11
licenses,	certificates,	or authorities	of persons	exercising	the re -12
spective	profession,	trade, or occupation;13
(d) Revoke,	suspend,	refuse to renew, or take other disciplinary	action14
against	such licenses,	certifications,	or authorities;	and15
(e) Assess civil penalties	as authorized	for aviolation	of law or rule.16
SECTION	2. That Section	67 -2608, Idaho Code, be, and the same is hereby17
amended	to read as follows:18
67 -2608. OCCUPATIONAL	LICENSES	FUND CREATED	--DISPOSITION	OF FEES --19
REPORTS	.(1) There is hereby created	in the state treasury	the occupational20
licenses	fund. All fees and renewal	fees received	by the division	of occu -21
pational	and professional	licenses	for licenses	to engage	in trades,	busi -22
nesses,	occupations,	or professions	shall be deposited	to the credit of the23
occupational	licenses	fund. The administrator	shall ensure	that fees col -24
lected	by the division	are not waived,	prorated,	transferred,	or refunded25
unless authorized	by rule or law of the agency within the division.26
(2) The division	shall prepare	quarterly	reports	regarding	the rev -27
enues and expenditures	of each board and commission.	Such reports	shall be28
submitted	within ten (10) business	days after the end of each quarter	to the29
budget	and policy	analysis	division	of the legislative	services	office	and30
acopy of each report	pertaining	to acertain	board or commission	shall be31
submitted	to that board or commission.32
(3) The division	shall prepare	ayear -end report	regarding	the cash33
balances	of each board and commission.	The report	shall be submitted	annu -34
ally to the budget and policy analysis	division	of the legislative	services35
office no later than December	31. If the year end cash balance	of any board or36
commission	fund detail exceeds	one hundred	fifty percent	(150%) of the five37
(5) year rolling	average	of expenditures,	the division	shall present	aplan38
to the legislature	for reducing	fund balances,	including	but not limited	to39
fee reductions	and holidays.	This plan shall take into account	cash fluctua	-40
tions associated	with multi -year license	renewals.41
SECTION	3. That Section	67 -9403, Idaho Code, be, and the same is hereby42
amended	to read as follows:43
67 -9403. DEFINITIONS.	As used in this chapter:44
(1) "Division	of occupational	and professional	licenses"	means the45
agency created	pursuant	to section	67 -2601, Idaho Code.46 4
(1) (2) "Honorable	conditions"	means an honorable	discharge	or agen -1
eral discharge	"under honorable	conditions."2
(3) "License"	means alicense,	certificate,	registration,	permit,	or3
other authorization	to practice	aprofession	or occupation	in Idaho.4
(4) "Licensed	professional"	means an individual	who holds alicense,5
certificate,	registration,	permit,	or other authorization	issued	by ali -6
censing	authority	to practice	aprofession	or occupation	in Idaho.7
(2) (5) "Licensing	authority"	means any agency,	bureau,	commission,8
department,	division,	or professional	or occupational	licensing	board9
charged	with granting,	suspending,	or revoking	the license,	certificate,10
registration,	permit,	or other authorization	of any person	to practice	a11
profession	or occupation,	including	but not limited	to the professional12
and occupational	licensing	boards	within	the department	of self -governing13
agencies.	The term licensing	authority	does not include	the board of commis -14
sioners	of the Idaho state bar as established	pursuant	to chapter	4, title 3,15
Idaho Code, or the Idaho supreme	court.16
(3) (6) "Licensure"	means alicense,	certificate,	registration,	per -17
mit, or other authorization	of any person to practice	aprofession	or occupa -18
tion.19
(4) (7) "Military"	means the armed forces	or reserves	of the United20
States,	including	the army, navy, marine corps,	coast guard,	air force,	and21
the reserve	components	thereof,	the national	guard of any state,	the mili -22
tary reserves	of any state, or the naval militia	of any state.23
(5) (8) "Veteran"	means any person who has been discharged	or released24
from active duty in the armed forces under honorable	conditions	provided	the25
person	has served	on active	duty for aminimum	of one hundred	eighty	(180)26
consecutive	days.27
SECTION	4. That Section	67 -9406, Idaho Code, be, and the same is hereby28
amended	to read as follows:29
67 -9406. LICENSURE	BY ENDORSEMENT	--MEMBERS	OF THE MILITARY,	VETER -30
ANS, AND SPOUSES.	(1) Alicensing	authority	shall establish	aprocedure	to31
grant licensure	by endorsement	to amember	of the military,	aformer	member32
of the military	after discharge	under honorable	conditions,	aveteran,	or a33
spouse	of any such person,	who possesses	current,	valid,	and unrestricted34
licensure	in another	state,	district,	or territory	of the United States,	or35
in any branch	of the armed forces	or the national	guard.	Such procedure	is36
intended	to provide	licensure	by endorsement	to qualifying	persons	within37
fifteen	(15) business	days after such person	applies	for licensure	under38
this section,	provided	that the applicant	is able to validate	his qualifi	-39
cations	pursuant	to subsection	(2) of this section	within	such time frame.40
Each licensing	authority	may promulgate	applicable	rules to implement	the41
provisions	of this subsection,	if necessary.42
(2) Each applicant	for licensure	by endorsement	under this section	must43
apply to the applicable	licensing	authority	for relevant	licensure	to vali -44
date:45
(a) The applicant's	status as amember of the military,	aformer member46
of the military	after discharge	under honorable	conditions,	aveteran,47
or aspouse of any such person;	and48 5
(b) The applicant's	current,	valid,	and unrestricted	licensure	in1
another	state,	district,	or territory	of the United	States,	or in any2
branch of the armed forces or the national	guard.3
(3) An applicant	for licensure	by endorsement	pursuant	to this section4
must disclose	all current,	pending,	or subsequent	disciplinary	proceed	-5
ings related	to the applicant's	licensure	in another	state,	district,	or6
territory	of the United	States,	or in any branch	of the armed forces	or the7
national	guard.	Alicensing	authority	has discretion	regarding	whether8
to withhold,	revoke,	or place conditions	on an applicant's	licensure	by9
endorsement	related	to such disciplinary	proceeding	and any information10
obtained	by the licensing	authority	related	to such proceedings.	An ap -11
plicant's	failure	to disclose	acurrent,	pending,	or future	disciplinary12
proceeding	pursuant	to this subsection	is grounds	for alicensing	authority13
to withhold,	revoke,	or place conditions	on licensure	by endorsement	pur -14
suant to this section.15
(4) With respect	to an applicant	under this section,	each licensing	au -16
thority	must implement	acondensed	military	application	form to verify	the17
requirements	of subsection	(2) of this section.	Acondensed	application	may18
not request	additional	information	unless such information	is deemed criti -19
cal by the applicable	licensing	authority	to verify the applicant's	qualifi	-20
cation for an Idaho -specific	aspect of practice	or to determine	the applica	-21
ble scope of practice	pursuant	to subsection	(5) of this section.	As part of22
acondensed	military	application,	alicensing	authority	may not require:23
(a) The taking of all or aportion	of an examination,	even if such exami -24
nation is required	of other applicants	for the same type of licensure	in25
Idaho;	or26
(b) The payment	of an application	fee.27
(5) With respect	to applicants	for licensure	by endorsement	under this28
section,	alicensing	authority	may, at its discretion,	compare	the autho -29
rized scope of practice	in the applicable	jurisdiction,	or jurisdictions,30
where the applicant	currently	holds licensure	to the authorized	scope of31
practice	in Idaho.	If such licensing	authority	determines	that the au -32
thorized	scope of practice	in Idaho is broader	than the scope of practice33
authorized	in the jurisdiction,	or jurisdictions,	where the applicant	cur -34
rently holds licensure,	such licensing	authority	may issue alimited	license35
to such applicant	pending	completion	of the additional	education,	training,36
or any other requirements	determined	necessary	by the licensing	authority.37
Alimited	license	issued	under this section	must restrict	the applicant's38
practice	in Idaho to the scope of practice	authorized	in the state where the39
applicant	holds prior licensure	until such time that the applicant	satisfies40
the education,	training,	or other requirements	deemed	necessary	by the li -41
censing	authority	for alimited	period of time necessary	for an applicant	to42
meet the qualifications	for afull license.	Notwithstanding	the provisions43
of subsection	(4) of this section,	alicensing	authority	may administer	an44
examination	or partial	examination	to an applicant	pursuant	to this sub -45
section	for the purpose	of ascertaining	whether	an applicant	possesses46
the requisite	qualifications	for afull license.	Such examination	must be47
narrowly	tailored	to the additional	knowledge	or skills	required	for the48
applicant	to prove that he is qualified	for afull license.49 6
(6) This section	does not restrict	aperson who is amember of aprofes -1
sion or occupation	covered	by an applicable	interstate	licensure	compact	or2
applicable	reciprocity	agreement	from seeking	licensure	by endorsement	pur -3
suant to this section.	In such asituation,	aperson may apply for licensure4
by endorsement	under this section	or may apply for licensure	pursuant	to the5
terms of the applicable	licensure	compact	or reciprocity	agreement.6
(7) An applicant	under this section	is subject	to the laws regulating7
the person's	practice	in Idaho and is subject	to the applicable	licensing	au -8
thority's	jurisdiction.	For purposes	of this section,	the term "licensure"9
means alicense,	certificate,	registration,	permit,	or other authorization10
to practice	aprofession	or occupation.11
SECTION	5. That Section	67 -9407, Idaho Code, be, and the same is hereby12
repealed. 13
SECTION	6. That Chapter	94, Title 67, Idaho Code, be, and the same is14
hereby amended	by the addition	thereto	of aNEW SECTION	,to be known and des -15
ignated	as Section	67 -9407, Idaho Code, and to read as follows:16
67 -9407. UNIVERSAL	OCCUPATIONAL	AND PROFESSIONAL	LICENSING	PRACTICE17
AUTHORITY.	(1) An act is within the practice	authority	of alicensed	profes -18
sional in Idaho under the authority	of the division	of occupational	and pro -19
fessional	licenses	if:20
(a) The act is consistent	with and not expressly	prohibited	by Idaho21
Code;22
(b) The act is consistent	with the individual's	education,	training,23
and experience;	and24
(c) Performance	of the act is within	the accepted	standard	of care for25
the licensed	professional's	profession	or occupation	that would be pro -26
vided in the same or similar	setting	by areasonable	and prudent	indi -27
vidual with the same or similar	education,	training,	and experience.28
(2) Boards	and commissions	under the authority	of the division	of oc -29
cupational	and professional	licenses	shall be authorized	to pursue	disci -30
plinary	action if alicensed	professional	subject	to licensure	by such board31
or commission	fails to meet the standard	of care provided	by other similarly32
licensed	professionals	in the same or similar	settings.	Any penalties	re -33
sulting	from such acts or omissions	must comply	with applicable	state laws34
and regulations	of the licensing	board or commission.35
(3) Alicensing	authority	shall review	its administrative	rules and36
modify	or eliminate	any provisions	in conflict	with the provisions	of this37
section.38
SECTION	7. That Section	67 -9408, Idaho Code, be, and the same is hereby39
amended	to read as follows:40
67 -9408. OCCUPATIONAL	AND PROFESSIONAL	LICENSURE	REVIEW	COMMIT -41
TEE. (1) In order to establish	oversight	of occupational	and professional42
licensure	and related	issues in Idaho,	there is hereby established	an occu -43
pational	and professional	licensure	review committee.44
(2) The committee	shall consist	of eight (8) members,	with four (4) mem -45
bers from the senate,	one (1) of whom shall be cochair	of the committee,	and46 7
four (4) members	from the house of representatives,	one (1) of whom shall be1
cochair	of the committee.	Members	from the senate shall be appointed	by the2
president	pro tempore	of the senate,	and members	from the house of represen	-3
tatives	shall be appointed	by the speaker	of the house of representatives.4
No more than three (3) members	from the senate	and no more than three (3)5
members	from the house of representatives	shall be from the same political6
party.	Appointments	to the committee	shall be for the term of office of the7
member	appointed.	Any vacancy	shall be filled	in amanner	consistent	with8
the appointment	procedure	set forth in this subsection,	except the appoint	-9
ment shall be for the remainder	of the unexpired	term. Acommittee	member may10
be reappointed	to the committee.11
(3) In addition	to conducting	sunrise	and sunset reviews	as set forth in12
this section,	the committee	is authorized	to study and review	occupational13
licensing	and certification	laws in general	in order to determine,	as appli -14
cable, how the legislature	may be able to ease occupational	licensing	barri -15
ers while still protecting	the public health and safety.	The committee	shall16
meet as often as may be necessary	for the proper	performance	of its duties17
upon the call of the cochairs.18
(4) Beginning	January	1, 2021, the The committee	shall conduct	asun -19
rise review upon request	that alawful profession	or occupational	group that20
is not licensed	become licensed.	For purposes	of this section,	aprofession21
or occupation	becoming	"licensed"	means adding	arequirement	that aperson22
must hold alicense,	certificate,	registration,	permit,	or other authoriza	-23
tion issued by alicensing	authority	to engage in such profession	or occupa -24
tion. Sunrise	review by the committee	shall be required	prior to the intro -25
duction	of any proposed	legislation	that alawful profession	or occupational26
group that is not licensed	become	licensed;	provided,	however,	that ager -27
mane committee	of the legislature	later considering	such proposed	legisla	-28
tion shall not be bound by the recommendation	of the committee.	The sunrise29
review process	shall be as follows:30
(a) The legislative	services	office shall prepare	and publish	an appli -31
cation form to be approved	by the committee	and used for the sunrise	re -32
view process.33
(b) Arequestor	shall,	prior to the introduction	of any proposed	leg -34
islation,	submit the application	for sunrise	review to the legislative35
services	office.	The application	shall be submitted	by May 1for review36
and processing	prior to the next regular	legislative	session.37
(c) In addition	to any other information	requested	by the committee	or38
staff, the application	shall include	acopy of the applicant's	proposed39
draft legislation	and adescription	of:40
(i) The requestor's	identity	and relationship	to the profession41
or occupational	group;42
(ii) Why licensing	or other regulation	of the profession	or occu -43
pation is necessary	to protect	against	present,	recognizable,	and44
sufficient	harm to the health,	safety,	or welfare	of the public to45
warrant	the regulation	proposed;46
(iii) Why the proposed	licensing	or other regulation	is the least47
restrictive	regulation	necessary	to protect	against	present,	rec -48
ognizable,	and sufficient	harm to the health,	safety,	or welfare49
of the public to warrant	the regulation	proposed;50 8
(iv) Why the public	cannot	be effectively	protected	by other1
means;2
(v) Whether	the overall	cost -effectiveness	and economic	impact3
of the proposed	regulation,	including	the direct	and indirect4
costs to consumers,	will be outweighed	by the benefits	of the pro -5
posed licensing	or other regulation;6
(vi) Whether	the proposed	licensing	or other regulation	will have7
an unreasonably	negative	effect on job creation,	job retention,	or8
wages in the state or will place unreasonable	restrictions	on the9
ability	of individuals	who seek to practice	or who are practicing	a10
given profession	or occupation	to continue	to practice	or to find11
employment;	and12
(vii) How the license	will comply with the provisions	of this chap -13
ter; and14
(vii) (viii) Any other relevant	information.15
(d) With respect	to an application	timely	received	by the legislative16
services	office by May 1:17
(i) By August	1, the legislative	services	office	shall submit	a18
report	with factual	analysis	to the committee	and the applicant.19
Such report	shall be made available	to the public.	Such report20
shall verify the contents	of an application	and submitted	informa	-21
tion and address	any other related	factual	matters,	but shall not22
contain	arecommendation.23
(ii) By October	1, the committee	shall review such application	and24
submitted	information	and the associated	report	prepared	by the25
legislative	services	office,	along with any other relevant	infor -26
mation,	and hold ameeting	to consider	such application.27
(iii) By November	1, the committee	shall prepare	awritten	rec -28
ommendation	as to whether	arequested	occupation	or profession29
should	be licensed	in the manner	set forth in the application	and30
shall deliver	such recommendation	to the president	pro tempore31
of the senate	and the speaker	of the house of representatives	for32
subsequent	delivery	to the appropriate	germane	committee	chair -33
persons.	Such written	recommendation	may include	nonmandatory34
suggestions	as to how the application,	including	the proposed35
legislation,	may be improved.	An applicant	receiving	such sugges -36
tions shall be encouraged	to follow	the recommended	suggestions37
of the committee	before offering	the legislation	for introduction38
during the next legislative	session.39
(5) The committee	shall develop	aprocess	to conduct	asunset review of40
licensing	authorities	on arotating	basis.	Review of alicensing	authority41
shall include	review	of the existing	laws and regulations	related	to ali -42
censing	authority.43
(a) The sunset	review	process	established	by this subsection	shall be44
conducted	as follows:45
(i) Licensing	authorities	shall be divided	into groups to be de -46
termined	by the committee;47
(ii) After developing	the sunset	review	process,	the committee48
shall endeavor	to review at least one (1) group each year, depend -49
ing on the priorities	and workload	of the committee;50 9
(iii) Each licensing	authority	shall be reviewed	at least every1
ten (10) years;2
(iv) Alicensing	authority	may be reviewed	out of order if the gov -3
ernor or amember of the legislature	makes awritten	request	to the4
committee	and the cochairs	of the committee	approve	such request;5
and6
(v) Each licensing	authority	under review shall submit informa	-7
tion to the committee	to facilitate	the committee's	evaluation	of8
the factors	set forth in paragraph	(d) of this subsection.9
(b) After all groups have been reviewed	once, the committee	shall con -10
tinue to review the groups as described	in this subsection	and according11
to the priorities	and workload	of the committee.12
(c) The review	process	shall include	an opportunity	for stakeholder13
participation,	in such manner as determined	by the committee.14
(d) Upon completion	of the review process	established	in this section,15
the committee	shall issue areport	regarding	its findings.	The report16
shall include	the committee's	findings	as to whether,	with respect	to17
each licensing	authority	under consideration:18
(i) The existing	licensing	or other regulation	is necessary	to19
protect	against	present,	recognizable,	and sufficient	harm to the20
health,	safety,	or welfare	of the public	to warrant	the regula -21
tion;22
(ii) The existing	licensing	or other regulation	is the least re -23
strictive	regulation	necessary	to protect	against	present,	recog -24
nizable,	and sufficient	harm to the health,	safety,	or welfare	of25
the public to warrant	the regulation	proposed;26
(iii) The public can be effectively	protected	by other means;27
(iv) The overall	cost -effectiveness	and economic	impact	of the28
existing	licensing	or other regulation	of the profession	or occu -29
pation,	including	the direct	and indirect	costs to consumers,	is30
outweighed	by the benefits	of the licensing	or other regulation;31
(v) The existing	licensing	or other regulation	has had an unrea -32
sonably	negative	effect	on job creation,	job retention,	or wages33
in the state or has placed unreasonable	restrictions	on the abil -34
ity of individuals	who seek to practice	or who are practicing	a35
given profession	or occupation	to continue	to practice	or to find36
employment;	and37
(vi) Other relevant	information	should be considered.38
(e) Based on the committee's	findings	with respect	to the factors	pro -39
vided in paragraph	(d) of this subsection	with respect	to each licensing40
authority	under review,	the committee's	report	shall include	arecom -41
mendation	as to whether:42
(i) The existing	licensing	or other regulation	should	be re -43
pealed;44
(ii) The existing	licensing	or other regulation	should be amended45
to reduce barriers	to licensure;46
(iii) Other legislative	reforms	are recommended;	or47
(iv) No legislative	reforms	are recommended.48 10
(f) The committee	is authorized	to draft legislation	regarding	recom -1
mended	legislative	actions,	if any, and may attach	such draft legisla	-2
tion to its report.3
(g) Upon completion	of the review process	established	in this section,4
the committee	shall deliver	its report,	along with any related	draft5
legislation,	to the president	pro tempore	of the senate and the speaker6
of the house of representatives	for subsequent	delivery	to the appro -7
priate germane	committee	chairs.8
(h) Agermane	committee	of the legislature	shall not be bound by arec -9
ommendation	of the committee.10
SECTION	8. That Section	67 -9409, Idaho Code, be, and the same is hereby11
amended	to read as follows:12
67 -9409. UNIVERSAL	LICENSURE.	(1) Alicensing	authority	shall estab -13
lish aprocedure	for the issuance	of licensure	to aperson who:14
(a) Possesses	current,	valid,	and unrestricted	licensure	in another15
state, district,	or territory	of the United States;	and16
(b) Demonstrates	competency	in the profession	or occupation	through17
methods	determined	by the licensing	board or commission.18
(2) Each applicant	for universal	licensure	under this section	must ap -19
ply to the applicable	licensing	authority	for relevant	licensure.	An appli -20
cant under this section	shall be subject	to the laws regulating	the person's21
practice	in Idaho and is subject	to the applicable	licensing	authority's	ju -22
risdiction.	For purposes	of this section,	the term "licensure"	means ali -23
cense,	certificate,	registration,	permit,	or other authorization	to prac -24
tice aprofession	or occupation.25
(3) To determine	whether	an applicant	for universal	licensure	who26
possesses	the licensure	requirements	established	in subsection	(1) of this27
section	is otherwise	qualified	for licensure	under Idaho law, alicensing28
authority	shall require	an applicant	to complete	an application,	submit29
supporting	materials,	and undergo	the same background	checks as required	of30
other applicants	for licensure.31
(4) In addition	to the requirements	set forth in this section,	if it ad -32
ministers	an examination	as part of the application	requirements,	alicens -33
ing authority	may require	an applicant	to take and pass all or aportion	of34
such examination	as may be necessary	to demonstrate	competence	to practice35
in Idaho.	Alicensing	authority	shall not establish	ajurisprudence	exami -36
nation to demonstrate	competence	to practice	in Idaho.37
(5) An applicant	for universal	licensure	shall pay the same licensing38
fees as required	for applicants	under the standard	licensing	process	and39
shall be subject	to all applicable	requirements	related	to maintaining	li -40
censure	as established	by the licensing	authority.41
(6) Alicensing	authority	may, at its discretion,	compare	the au -42
thorized	scope of practice	in the state,	or states,	where the applicant43
currently	holds licensure	to the authorized	scope of practice	in Idaho.	If44
such licensing	authority	determines	that the authorized	scope of practice45
in Idaho is broader	than the scope of practice	authorized	in the state,	or46
states,	where the applicant	currently	holds licensure,	such licensing	au -47
thority	may, instead	of issuing	adenial	on the basis of the difference	in48
scope of practice,	issue alimited	license	to such applicant	pending	com -49 11
pletion	of the additional	education,	training,	and any other requirements1
determined	necessary	by the licensing	authority.	Alimited	license	issued2
under this section	shall restrict	the applicant's	practice	in Idaho to the3
scope of practice	authorized	in the state where the applicant	holds prior4
licensure	until such time that the applicant	satisfies	the education,	train -5
ing, or other requirements	deemed necessary	by the licensing	authority	for a6
limited	period of time necessary	for an applicant	to meet the qualifications7
for afull license.8
(7) This section	shall not restrict	aperson	who is amember	of apro -9
fession	or occupation	covered	by an applicable	interstate	licensure	compact10
or applicable	reciprocity	agreement	from seeking	licensure	pursuant	to this11
section.	In such asituation,	aperson may apply for universal	licensure	un -12
der this section	or may apply for licensure	pursuant	to the terms of the ap -13
plicable	licensure	compact	or reciprocity	agreement.	Alicensing	authority14
may promulgate	applicable	rules if necessary	to implement	the provisions	of15
this section.16
(8) Alicensing	authority	shall not establish	additional	methods	of17
demonstrating	competency	to qualify	for universal	licensure	beyond	the re -18
quirements	to qualify	under the standard	licensing	process.19
SECTION	9. REPORT TO LEGISLATURE.	Alicensing	authority	shall, no later20
than January	1, 2025, prepare	and deliver	to an appropriate	germane	leg -21
islative	committee	information	regarding	the actions	taken to comply	with22
the provisions	of section	67 -9407, Idaho Code. Further,	the licensing	au -23
thority	shall report on the profession	-specific	endorsement	and reciprocity24
statutes,	including	proposed	legislative	language,	that must be modified	or25
eliminated	for the licensing	authority	to fully comply	with the provisions26
of sections	67 -9407, 67 -9409, and 67 -9414, Idaho Code.27
SECTION	10. An emergency	existing	therefor,	which emergency	is hereby28
declared	to exist,	this act shall be in full force and effect	on and after29
July 1, 2024.30