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JFAC orders report and draft legislation on moving Licensing & Certification from Health & Welfare to DOPL, exempts program from personnel-transfer restriction

February 14, 2025 | 2025 Joint Legislative Sessions, 2025 Legislative Sessions, Idaho


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JFAC orders report and draft legislation on moving Licensing & Certification from Health & Welfare to DOPL, exempts program from personnel-transfer restriction
The Joint Finance-Appropriations Committee on Feb. 14 approved language directing the Idaho Department of Health and Welfare to work with the Division of Occupational and Professional Licenses (DOPL) to study the logistics of transferring the Licensing & Certification program to DOPL and to provide a report and draft legislation to JFAC by next January.

The committee also approved language exempting Licensing & Certification from restrictive FY2025 and FY2026 personnel-to-operating transfer restrictions so the program can use personnel savings to pay contract nurses when needed. The exemption applies only as outlined in the committees intent language.

Committee discussion was brief but included an objection to the strength of the drafting requirement: one member said they were comfortable with an exploratory report but could not support language that "shall draft legislation" if the review does not indicate a transfer is appropriate. The committee carried the motion after recorded votes: 16 ayes, 2 nays, 2 absent/excused.

Why it matters: Licensing & Certification handles certification and licensing functions that support regulated care settings and contract nursing coverage; the committees language could lead to a structural transfer between agencies if the review recommends legislative change. The report is to include logistics, draft statutory language if warranted, and implementation details for JFAC consideration.

What the motion requires: Department of Health and Welfare must collaborate with DOPL, draft a report for JFAC, and (per the language approved) provide draft legislation by the date specified in the committees motion. The motion does not itself change law or transfer the program; it requires the study and possible draft legislation.

Committee procedure and votes: The motion was moved and seconded on the record, several members voiced reservations about the drafting requirement, and the roll call produced 16 ayes, 2 nays and 2 members absent/excused. The committee recorded the objection in the transcript; nevertheless the committee accepted the language and will expect the report.

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