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Idaho Society of Professional Engineers
Friday Update – 02/26/16
Important -
Legislative Friday Update – Please Read to be Informed
ISPE Member:
The governor’s office has introduced legislation in this session that impacts
the composition of all trade and professional boards in Idaho. This action came
without much notice to us. We became aware of this within the last three weeks.
This has been dropped in the legislative agenda late in the game making an
organized reaction difficult.
We invite you to go on-line at the State of Idaho website and review the
contents of House Bills #480 and #482. They impact the board positions and staff
of the Idaho Board of Licensure of Professional Engineers and Professional Land
Surveyors.
The reason given for this legislative action is a recent U.S. Supreme Court
decision in the case of North Carolina State Board of Dental Examiners v. the
Federal Trade Commission. ISPE was aware of this case, but had no idea how Idaho
may react to it. In addition, the Idaho Attorney General issued an opinion
(16-1) on this subject on 13 January 2016. The case dealt with the practice of
teeth whitening in North Carolina and if that practice should only be performed
by dentists. The issue generally revolved around the Dental Examiners protecting
their business/professions.
House Bill #480 adds language that assures the Board’s executive director does
not have to be professionally licensed (but does not prevent it either).
House Bill #482, for Idaho’s engineers and land surveyors, proposes changes to
IC sections 54-1203 and 54-1206 with the following results:
1. Nominations to the governor for the Board may come from
any resident of Idaho
2. Removes a professional engineer member
3. Adds a general public member
4. Board members serve at the pleasure of the governor
In light of the Supreme Court decision, ISPE has no issue with placement of a
general public member on the Board. Our primary concern is how nominations for
Board positions are made. Remember that appointments to the Board have always
been made by the governor, but nominations have come from state organized
engineering organizations (ISPE).
The bill is moving quickly. A representative of ISPE met with one of the
governor’s staff last week to discuss the bills. Staff indicated that there was
little time to make any changes to the wording and, in the end, no changes were
made.
Both bills were heard this past Wednesday morning in the House Health & Welfare
Committee. The only meeting attendees that testified were one Idaho professional
engineer, a representative of ISPE and a representative of ACEC of Idaho – no
other trade or professional members of other professions provided testimony.
After testimony was given, the Committee voted to send the bills to the floor
with a “do pass” recommendation. No modifications to the bills were made. They
are moving forward as originally written.
The purpose of this legislative update is to inform you of possible significant
changes to the regulation of professional engineering and land surveying in
Idaho. Remember that you have a right to comment on these bills as citizens of
Idaho. We invite you to become informed and be involved. However be aware that
the state’s goal is always to protect the public and not our profession.
House Bill
480
House Bill
482
Board Makeup Letter -
ISPE
UPCOMING EVENTS:
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March 12, 2016 - ISPE State MATHCOUNTS Competition - Boise State University
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NSPE Calendar of Events
Idaho Society of Professional Engineers
PO Box 170239
Boise, ID 83717-0239
208-426-0636
Fax: 208-426-0639
E-Mail:
ispe@idahospe.org
Web Site:
www.idahospe.org
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