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Idaho - February 2022

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Page 14 • RN <strong>Idaho</strong> <strong>February</strong>, March, April <strong>2022</strong><br />

ADVOCACY IN ACTION<br />

<strong>Idaho</strong> Legislative Issues Impacting Nurses in <strong>2022</strong><br />

Michael McGrane, MSN, RN<br />

Benn Brocksome<br />

Randall Hudspeth, PhD, APRN-CNP<br />

The first week of the Sixty-Sixth <strong>Idaho</strong><br />

Legislature’s Second Regular Session began on<br />

January 10, <strong>2022</strong>, with the traditional State of the<br />

State Address from Governor Little in the House<br />

Chambers on Monday afternoon. He specifically<br />

called out healthcare workers as having gone<br />

above and beyond the call of duty in managing the<br />

complexities of the COVID pandemic. His office<br />

contacted the <strong>Idaho</strong> Center for Nursing seeking<br />

three nurses to represent the profession during<br />

his speech. They joined the three physicians. The<br />

nurses who represented the profession are Julie<br />

Yerba, RN, from Saint Alphonsus Nampa, Diane<br />

Nichols, RN, from St. Luke’s Boise, and Kylie Jo<br />

Sanders, RN, from the intensive care unit at Saint<br />

Alphonsus Boise.<br />

Committees have resumed and begun organizing<br />

and making plans for rules and legislation that will<br />

be introduced during the session. Overall, the <strong>2022</strong><br />

session is officially underway, and the tone of the<br />

building is far more “normal” than 2021. Hopefully<br />

the traditions of civility and statesmanship that have<br />

returned will hold for the duration of the session.<br />

The first few days of the session included<br />

workplace sensitivity training for legislators and<br />

staff, Economic Outlook Committee meetings<br />

and Change in Employee Compensation (CEC)<br />

Committee meetings as the State’s decision makers<br />

grapple with a massive budget surplus and an influx<br />

of federal funds. It is important to note that the<br />

Governor’s budget forecast recommendations for<br />

fiscal years <strong>2022</strong> and 2023 were adopted by the<br />

Economic Outlook Committee and later forwarded<br />

with a “Do Pass” recommendation to the Joint<br />

Finance & Appropriations Committee (JFAC). This<br />

set the tone and parameters for the budget debates<br />

and other funding requests from legislators and the<br />

Governor’s Division of Financial Management for the<br />

session.<br />

Governor Little and his staff have moved quickly<br />

from the State of the State Address to outlining<br />

the budget and <strong>Idaho</strong>’s successes to the JFAC<br />

and procuring support from legislators on many of<br />

their goals. These range from tax cuts to education<br />

spending and investments, to critical funding for<br />

infrastructure including broadband, water, roads and<br />

bridges, to making continued investments in law<br />

enforcement, behavioral health, and other priorities.<br />

There is much to accomplish and many policy<br />

debates to be had in the weeks ahead.<br />

The first bill printed this year was in the House<br />

Revenue and Taxation Committee. House Bill 436<br />

has many of the same mechanisms as the income<br />

tax cut bill from last session. Chairman Harris<br />

sponsored and introduced this bill and noted the<br />

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success of their efforts last year and the need to do<br />

more for <strong>Idaho</strong>ans this year, including hundreds of<br />

millions of dollars in tax cuts and rebates.<br />

This year, chairmen have the prerogative to offer<br />

virtual testimony, and some committed to doing so<br />

to allow residents from across the state, as well as<br />

technical experts, to participate without the cost of<br />

travel. The health and safety of participants remains<br />

a concern as several legislators contracted COVID<br />

early in the session. COVID testing remains available<br />

to those who work in the capitol and remote and<br />

virtual participation remains an option to ensure<br />

everyone can see and hear what is happening even<br />

if they are not in the building.<br />

With elections for all legislators and statewide<br />

officials, and reapportionment for all legislative<br />

districts looming, legislators are preparing to tackle<br />

a vast number of projects and polices that they<br />

believe can be supported while still cutting taxes<br />

and regulations for <strong>Idaho</strong> residents and businesses.<br />

Hopefully this session will be remembered as one of<br />

the more successful sessions, on the heels of the<br />

longest and most contentious session of last year.<br />

Nursing is well represented at the <strong>Idaho</strong><br />

Legislature. The ANA-<strong>Idaho</strong> and the Nurse Leaders<br />

of <strong>Idaho</strong> share two lobbyists and their legislative<br />

committees are cross populated. The Nurse<br />

Practitioners of <strong>Idaho</strong> and the <strong>Idaho</strong> Association of<br />

Nurse Anesthetists have separate lobbyists making<br />

a total of 4 nursing lobbyists at the Capitol who are<br />

linked to the nursing professions. The associations<br />

that they represent are all linked to each other as<br />

affiliates of the <strong>Idaho</strong> Center for Nursing. Thus, we<br />

can say that we are well represented.<br />

Nursing specific legislation that is upcoming and<br />

that will generate interest amongst nurses are (1)<br />

the rule changes at the Board of Nursing proposed<br />

by the Division of Occupational and Professional<br />

Licensing, and (2) the Rural Nurse Loan Repayment<br />

(RNLR) program that is supported by ANA-<strong>Idaho</strong><br />

and NLI. The purpose of the RNLR is to form a<br />

legal mechanism whereby nurses who complete<br />

their education programs and go work in a rural<br />

area, as defined in the statute, will be able to seek<br />

funds towards academic loan repayments. This<br />

legislation resulted from a Healthcare Transformation<br />

Council of <strong>Idaho</strong> (HTCI) task force that was chaired<br />

by Randy Hudspeth and Carolyn Hansen, CNO at<br />

Bingham Memorial Hospital in Blackfoot. It focused<br />

on how to get more nurses to seek employment<br />

in rural <strong>Idaho</strong>. The average nurse academic debt<br />

upon graduation is near $26,000. A nurse could<br />

receive funds to pay this entire loan within 2 years<br />

of employment as a nurse in a rural setting. Nursing<br />

has gathered support for this legislation from the<br />

nursing membership organizations, <strong>Idaho</strong> Hospital<br />

Association, <strong>Idaho</strong> Healthcare Association, Rural<br />

Health, and the HTCI.<br />

The <strong>Idaho</strong> Board of Nursing has requested<br />

support for a rule change specific to advisory<br />

committees. They would like to re-structure the<br />

existing advisory committees from regularly<br />

scheduled ongoing meetings to an as needed and<br />

more specifically focused groups. In discussions<br />

about the intended outcome of these rule changes,<br />

the nursing associations are supportive and believe<br />

that this will be both cost and time saving while<br />

maintaining the ability to have workgroups to<br />

address specific issues.<br />

Nurses will have the opportunity to meet with<br />

legislators and also with Governor Little at the<br />

Capitol on Thursday, <strong>February</strong> 17 from 0815 until<br />

noon. The general Nurses’ Day at the Capitol will be<br />

held in the rotunda lobby and also allow nurses and<br />

students to listen to the House and Senate session<br />

from the Gallery seating section. Registration is<br />

required for this event and is available on both the<br />

ANAI and NLI websites.<br />

Policy Update:<br />

HB 436 – Income Taxes House Revenue and<br />

Taxation Committee. HB 436 makes several changes to<br />

<strong>Idaho</strong> State Code in an effort to cut taxes. First it takes the<br />

income tax brackets from five down to four. It also lowers<br />

each brackets rate to 1%, 3%, $4.5%, and 6% starting<br />

January 1, <strong>2022</strong>. This results in an estimated $250 million<br />

in ongoing income tax relief.<br />

This bill also uses $94 million in funds amassed from<br />

online sales tax to provide a one-time sales tax rebate for<br />

all <strong>Idaho</strong>ans who file an income tax return, regardless of<br />

whether they owe or not. The State will return the greater<br />

amount of either 12% of personal income tax from 2020<br />

or $75 for each taxpayer and dependent. The sales tax<br />

rebate for all <strong>Idaho</strong>ans is estimated to be a total of $350<br />

million statewide and one time. This bill is sponsored by<br />

House Revenue and Taxation Committee Chairman<br />

Steve Harris (R-21) and Co-Sponsored by House Majority<br />

Leader Mike Moyle (R-14), Senate Local Government<br />

and Taxation Committee Chairman Jim Rice (R-10), and<br />

Senator C. Scott Grow (R-14). This bill is expected to get<br />

a lot of attention and move quickly early in the legislative<br />

session and progress through both chambers at a rapid<br />

pace and ahead of many other large policy discussions.<br />

Religious Exemption to the Child Protection Act<br />

A renewed effort to repeal the religious exemption<br />

to the Child Protection Act is being promoted by The<br />

Campaign to Protect <strong>Idaho</strong> Kids. The religious exemption<br />

allows parents to deny life-saving medical care to their<br />

children in preference to faith healing. Representative<br />

John Gannon of Boise is proposing legislation to remove<br />

the religious exemption from law. Several efforts over the<br />

past five years have repeatedly stalled without a bill being<br />

heard.<br />

2021 Oral Health Workforce Assessment Report<br />

In January, the Department of Health and Welfare Oral<br />

Health Program, released the 2021 Oral Health Workforce<br />

Assessment. Here is a link to the report.<br />

https://urldefense.com/v3/__https:/healthandwelfare.<br />

idaho.gov/health-wellness/healthy-infants-children/oralhealth__;!!DzKa6zecyZU!Bfr_s-AgFPe8nUREJjSPhiCmyp<br />

aEe91CaBfkfmYlAjKMpj3BXrD1_cCiRFBxKD_wTPolrqw$<br />

Once on the website, select the “Oral Health<br />

Workforce Assessment 2021” on the lower right hand<br />

column.<br />

Rules Making<br />

There is a link for the Index of Proposed Rules for rules<br />

seeking legislative approval. Current Proposed Rules |<br />

adminrules.idaho.gov Committees in both the House and<br />

Senate are assigned rules to approve. As a reminder, if<br />

rules pass either the House or the Senate, they are set to<br />

go into effect.<br />

Here is a list of rules that may be of interest to nurses.<br />

The Board of Nursing is now under the Division of<br />

Occupational and Professional Licenses (DOPL). This<br />

year, many rules require reauthorization to become or<br />

remain effective.<br />

IDAPA 16 – DEPARTMENT OF<br />

HEALTH AND WELFARE<br />

• 16-0000-2000F – Omnibus Rulemaking<br />

Reauthorizing Agency Fee Chapters<br />

• 16-0307-2001 – Home Health Agencies<br />

• 16-0309-2002 – Medicaid Basic Plan Benefits<br />

o 16-0309-2004<br />

• 16-0310-2002 – Medicaid Enhanced Plan Benefits<br />

• 16-0321-2001 – Developmental Disabilities<br />

Agencies (DDA)<br />

• 16-0417-2001 – Residential Habilitation Agencies<br />

IDAPA 24 – DIVISION OF OCCUPATIONAL<br />

AND PROFESSIONAL LICENSES<br />

Board of Nursing<br />

• 24-3401-2000F – Omnibus Rulemaking<br />

Reauthorizing Agency Fee Chapter

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