Monday, November 14, 2016

Idaho Legislative Issue Update - November 2016

Administrative rules, fees and regulations are written by agency bureaucrats and lobbyists and released monthly throughout the year.  Most of these rules are classified as “negotiated” meaning citizen input and comments are requested and allowed for a limited specific period of time.  Many citizens are unaware of this process and involvement is low.  You are the key to increasing that involvement.  Remember, once approved, these rules have the full effect of law, so citizen input is critical!

A great way you can help control your government is to review proposed rules concerning issues you understand.  If you know other citizens or businesses in your district that this rule may affect, please alert them and let them know they can send in a comment or call for a hearing.  Thank you for caring and being involved in our Republic!

Below is a brief summary of the proposed administrative rules for November.  To view the entire bulletin follow this link:

AGRICULTURE Committee Rules:
Weights and Measures
Idaho Commercial Feed Law
Idaho Fertilizer Law
Noxious Weed Rules
Noxious Weed Free Forage and Straw Certification
Idaho Soil and Plant Amendment Act of 2001

BOARD OF VETERINARY MEDICINE-Rules of the State of Idaho Board of Veterinary Medicine provide clarity to continuing education requirements for certified veterinary technicians; and eliminate an unnecessary requirement in existing rule regarding membership on the Committee on Humane Euthanasia.

IDAHO GRAPE GROWERS AND WINE PRODUCERS COMMISSION Rules of the Idaho Grape Growers and Wine Producers Commission

BUSINESS Committee Rules:
DIVISION OF BUILDING SAFETY-Rules Governing Plumbing Safety Licensing, Rules Governing Civil Penalties for plumbing contractors,
BOARD OF ACCOUNTANCY- Rules on license “inactive” or “retired” status

Rules on Producers Handling of Fiduciary Funds- to treat cash collateral as fiduciary funds,
Adoption of the International Fire Code to match the anticipated adoption of the 2015 International Building Code by the Division of Building Safety.
Rule to Implement the NAIC Medicare Supplement Insurance-Minimum Standards Model Act-to require all Medicare Supplement (aka Medigap) carriers to offer coverage to pre-65 Medicare eligible individuals;

BUREAU OF OCCUPATIONAL LICENSES-Rules of the State Board of Morticians


Unemployment Insurance Benefits Administration Rules
Unemployment Insurance Tax Administration Rules

JUVENILE CORRECTIONS-Rules of the Custody Review Board
BOARD OF CORRECTION - Rules of Correctional Industries

DEPARTMENT OF PARKS AND RECREATION-Rules Governing the Administration of Park and Recreation Areas and Facilities increase the maximum capacity of motorcycles permitted on Idaho State Park campsites from two to four.
STATE AFFAIRS Committee Rules:

IDAHO PUBLIC UTILITIES COMMISSION-Rules for Telecommunications Relay Services (TRS)


Allowable Vehicle Size
Over-legal Permittee Responsibility and Travel Restrictions
Safety Requirements of Over-legal Permits in compliance to federal Code 49 CFR part 380
Over-legal Permits for Extra-Length, Excess Weight, and Up to 129,000 Pound Vehicle Combinations in accordance with Federal law.


Control of Air Pollution in Idaho-crop burning

Emergency Medical Services (EMS) -- Rule Definitions- EMS terminology
Recognition of Emergency Personnel Licensure Interstate Compact Act (REPLICA)
EMS- Data Collection and Submission Requirements
EMS- Agency Licensing Requirements
EMS- Personnel Licensing Requirements
Food Safety and Sanitation Standards for Food Establishments (The Idaho Food Code)Update the terminology used during inspections of retail food establishments

Rules Governing Certified Family Homes
Align the Rules Governing Certified Family Homes with Idaho Code,
Provides an exemption to certification for VA Medical Foster Homes
Amends the requirements for termination of the admission agreement
Criminal History and Background Checks
Updating the Criminal History and Background Check (CHC) rules
Amending the list of disqualifying crimes for unconditional denials to include crimes
Aligning code with the Idaho Child Care Program's (ICCP) grant and federal regulation requirements

Rules Governing Child and Family Services
These rule changes lower the age at which foster youth may begin receiving independent living services funded by the John H. Chafee Foster Care Independence Program.
Rules Governing the Idaho Child Care Program (ICCP)

Idaho State board of Dentistry Rules-
Eliminate an incorporated document related to standards for patient records
Clarify applicability of timeframe for acceptance of licensure examinations;
Clarify requirements for renewal of an active license;
Authorize a dental hygienist to administer nitrous oxide under general supervision;
Revise the unprofessional conduct rules regarding controlled substances
Add rule regarding minimum infection control and sterilization requirements;
Eliminate continuing education documentation requirement and require instead an attestation of completion;
Add rule requiring basic emergency drugs;
Clarify requirements for sedation permit renewal and reinstatement of an expired permit;
Require dentists to obtain one hour of continuing education related to the prescription monitoring program.

BOARD OF PHARMACY-Rules of the Idaho State Board of Pharmacy rules relating to 2016 Bills: HB 338, HB 373, HB 374, HB 481, and SB 1322a.

Expand the venues at which emergency medication kits can be housed.
Allow Idaho’s Regional Behavioral Health Clinics to donate and receive donated medications to dispense to medically indigent patients.
Enable delegate access to the Prescription Monitoring Program.
Exempt investigational drugs from the products that necessitate registration as a prescriber drug outlet.
Allow prescription medications to be labeled in the name of an authorized entity.

Update and modernize its telepharmacy rules.
Allow streamlined registration of remote dispensing sites to applicants who meet certain criteria.
Broaden technology that may be used at a remote dispensing site beyond just an Automated Dispensing System.  
Remove the requirement that a remote dispensing site be co-located with a medical care facility.
Remove the requirement that business contracts be filed with the Board.
Update limits on the oversight of multiple remote dispensing sites.
Remove duplicative language from the telepharmacy rules.
Allow pharmacists to delegate certain non-judgmental tasks to properly-trained, registered and certified pharmacy technicians under their supervision.
Expand verification technician programs beyond acute care hospitals.
Enable remote data entry by certain pharmacy technicians.
Clarify provisions legal medication returns for institutional pharmacies and to authorize collection for destruction.
Enable broader emergency room dispensing in conformance with a U.S. Supreme Court decision. 
Enable pharmacists to better coordinate refills of medications in order to improve patient medication adherence.
Require the timely notification of medication errors that result in fatal outcomes.
Update requirements for licensure applicants. 
Clarify prepackaged product labeling requirements.
Update the list of required pharmacy references.
Update pharmacy delivery restrictions.

Substance U-47700 inclusion into the list of Schedule I controlled substances is necessary to protect the public health, safety, and welfare.


Property Tax requirements for the taxpayer filing.   
Rule 631: Tax Exemption for Investment in New Plant and Building Facilities Upon County Commissioners’ Approval
 Rule 114: Property Tax Value Information increases the stratum for reporting the properties receiving the homeowner’s exemption.
Rule 317: Occupancy Tax on Newly Constructed Improvements on Real Property-maximum homeowner’s exemption at $100,000.
Rule 609: Property Exempt from Taxation – Homestead maximum homeowner’s exemption amount ($100,000).
Rule 802: Budget Certification Relating to New Construction and Annexation This rule instructs taxing districts on how to compute new construction amounts within urban renewal revenue allocation areas.
Rule 803: Budget Certification – Dollar Certification Form (L-2 Form),
Rule 804: Tax Levy-Certification-Urban Renewal Districts The rule provides for the urban renewal agencies to tell the state tax commission whether or not a plan modification has occurred and describes penalties for non-compliance. This rule provides for a notification process between the tax commission and counties.
Rule 805: Penalty for Failure to Comply with Reporting Requirements-urban renewal plan modifications.
Value of Recreational Vehicles for Annual Registration and Taxation of Unregistered Recreational Vehicles
Property Tax Rule 006 updates the incorporation by reference section to the latest versions of the Official Railway Equipment Register.

Here is a link to ALL of the 2016 Administrative Rules.  These rules will have the full force of law if approved by your legislators in January 2017: