REGULATORY ACTIVITY:

• Under Section 5 of Senate Bill 1332 of the Fifty-third Legislature, First Regular Session, the Industrial Commission of Arizona was directed to “review   and determine a process for streamlining the authorization process for treatment that is within the evidence-based treatment guidelines” on or before December 31, 2017.  Please be advised that the Commission will hold a public hearing to receive input or information concerning this issue on August 17, 2017, at 1:00 p.m., in the Commission's first floor auditorium located at 800 West Washington Street, Phoenix, Arizona.  This hearing will be held as part of the Commission’s scheduled meeting for that day. The record is considered open, and written and oral comments will be accepted until the close of the hearing on August 17, 2017.  Later, the Commissioners will discuss and act on the issue.  Written comments may be submitted prior to the hearing c/o Kara Dimas, Executive Secretary, Office of the Commission Director, P.O. Box 19070, Phoenix, Arizona 85005-9070.

REGULATORY ACTIVITY:

• Under Section 5 of Senate Bill 1332 of the Fifty-third Legislature, First Regular Session, the Industrial Commission of Arizona was directed to “review   and determine a process for streamlining the authorization process for treatment that is within the evidence-based treatment guidelines” on or before December 31, 2017.  Please be advised that the Commission will hold a public hearing to receive input or information concerning this issue on August 17, 2017, at 1:00 p.m., in the Commission's first floor auditorium located at 800 West Washington Street, Phoenix, Arizona.  This hearing will be held as part of the Commission’s scheduled meeting for that day. The record is considered open, and written and oral comments will be accepted until the close of the hearing on August 17, 2017.  Later, the Commissioners will discuss and act on the issue.  Written comments may be submitted prior to the hearing c/o Kara Dimas, Executive Secretary, Office of the Commission Director, P.O. Box 19070, Phoenix, Arizona 85005-9070.

LEGISLATIVE ACTIONS:

• House Bill 2161
  Relating to cancer presumption and workers' compensation for firefighters.  The legislation adds the following cancers to the list of occupational diseases that would qualify a firefighter for workers' compensation: Buccal cavity and pharynx; Esophagus; Large intestine; Lung; Kidney; Prostate; Skin; Stomach; Testicular; and Non-Hodgkin's lymphoma, multiple myeloma and malignant melanoma.  The bill states that in order for a presumption to be granted, a fire fighter must have received a physical examination that is reasonably aligned with NFPA standards.  Provides an opportunity for rebuttal to eligibility for workers' compensation should there be evidence that there was no known work-related carcinogen exposure or that the firefighter or peace officer's exposure to tobacco products outside of duty contributed substantially to the development of the cancer.  Effective Date August 10, 2017.

• House Bill 2197
  The enacted legislation relates to the Centers for Medicare and Medicaid Services' audio and video capability requirements for telemedicine. Removes CMS' audio and video capability requirements for real-time telemedicine health examinations performed by an allopathic, osteopathic or naturopathic physician prior to prescribing medication or a prescription-only device.  Retains requirement that the examination be conducted during a real-time telemedicine encounter with audio and video capability. Removes CMS' audio and video capability requirements for real-time telemedicine health examinations for the purposes of filling a prescription that resulted from a telemedicine health examination. Effective Date August 10, 2017.

• House Bill 2410
  Relating to cardiac presumption and workers' compensation for firefighters. The enacted legislation adds heart-related, perivascular or pulmonary injuries, illnesses or death as occupational diseases that would conditionally qualify a firefighter for workers' compensation. It stipulates that in order to qualify for the presumption of compensability, a firefighter must have been exposed to a known event and the injury, illness or death must have occurred within 24 hours of exposure to the known event and was reasonably related to the exposure. The legislation permits a rebuttal to the presumption by a preponderance of the evidence if there is a specific cause of the injury, illness or death other than the employment. It excludes an injury, illness or death if there is evidence that a firefighter's exposure to cigarettes or tobacco products outside the scope of the firefighter's duty is a substantial contributing cause in the condition's development.  It adds heart-related, perivascular or pulmonary cases to the definition of personal injury by accident arising out of and in the course of employment. The legislation defines firefighter for the purposes of the section. Effective Date August 10, 2017.

• Senate Bill 1331
  The enacted legislation relates to deviations of workers' compensation rate filings. It allows a member insurer of a rating organization to file up to six uniform percentage deviations to the rating organization's rate filing. It requires the deviations to be established consistent with the underwriting rules that are based on criteria that would lead to a logical distinction of potential risk and makes a technical change. Effective Date August 10, 2017.

• Senate Bill 1332
  The enacted legislation repeals and rewrites statute relating to final settlement agreements involving workers' compensation claims. It allows interested parties to a claim to: settle and release an accepted claim for compensation, benefits, penalties or interest and negotiate a settlement if the period of disability is terminated by the carrier, special fund or self-insured employer. It requires settlements to: be in writing and signed by the carrier, special fund or self-insured employer; include a description of the employee's medical conditions identified and contemplated at the time of the settlement agreement; acknowledge the employee had the opportunity to seek legal advice and be represented by counsel; and include a description of the employee's medical conditions that have been identified and contemplated at the time of the settlement agreement. The legislation stipulates if an employee is represented by counsel, the settlement must include attestations as outlined in the bill. It mandates an employee not represented by counsel appear before an ALJ who is required to make specific factual findings regarding satisfaction of the requirements for a settlement and the attestations and prohibits approval if the settlement requirements are not met or if the settlement is not deemed fair and reasonable to the employee. The legislation maintains the authority of the ICA to approve settlements; the ICA is required to consider whether the settlement is in the best interest of the employee based on whether the employee's injuries are stabilized and the permanency of the injuries and requires lump sum settlement payments to be made within 15 days after approval. The legislation maintains the provision relating to the requirement for the carrier, special fund or self-insured employer to notify the physician of the approval of a settlement if it terminates the employee's entitlement to medical benefits. It prohibits settlements from: being negotiated to settle issues resulting in permanent disability; including settlements of unrelated claims. The legislation exempts the settlement of denied claims from the settlement requirements. It defines full and final settlement and special fund. It contains a delayed effective date of November 1, 2017, for the section related to settlements.  The legislation permits DES and the Office of Economic Opportunity to disclose unemployment insurance information to the ICA, DOI or the AG for use in the prevention, investigation and prosecution of workers' compensation fraud. It stipulates compensation for medical, surgical and hospital benefits must include reimbursement for reasonable travel expenses if the employee has to travel more than 25 miles to obtain care. It requires the ICA to review and determine a process for streamlining the authorization process for treatment within evidence-based medical treatment guidelines before December 31, 2017 (repeals this requirement July 1, 2018.).  Effective Date August 10, 2017.

• Senate Bill 1451
  The enacted legislation relates to requirements for custom orthotics and prosthetics. It requires, beginning January 1, 2018, custom orthotics or prosthetic devices that are furnished to an individual to meet the following requirements: be provided by a fabricator or supplier who is accredited by an approved independent accreditation organization approved by the HHS Secretary; be provided by a health care provider that is a qualified practitioner pursuant to federal law; and have a valid prescription. It prohibits a health care provider that does not receive insurance payment for a custom orthotic or prosthetic device from attempting to collect payment or reimbursement for the amount of coverage denial. The prohibition only applies if the coverage denial is based on the custom device or the provider does not meet all custom orthotic or prosthetic device requirements. The legislation exempts custom orthotic devices or prosthetic devices provided by the following health care professionals: Podiatrists; Allopathic physicians; Osteopathic physicians; Physical therapists; Physicians assistants; and Occupational therapists. It states that custom orthotic or prosthetic device requirements do not require health care providers to accept Medicare patients. The legislation defines custom orthotic or custom prosthetic device.  Effective Date August 10, 2017.

REGULATORY ACTIVITY:

• Published updated Lump Sum Discount tables on March 30, 2017.  The tables are effective January 1, 2017.
• Under A.R.S. 23-1065(F), after notice and a hearing, the Commission was authorized to levy an additional one-half percent assessment under A.R.S. § 23-1065(A) if the total annual reserved liabilities of the Special Fund for apportionment under §§ 23-1065(B) and (C) exceed six million dollars.  The Commission will hold a public hearing to gather information concerning this assessment on May 11, 2017, at 1:00 p.m.  in the Commission’s first floor auditorium located at 800 West Washington Street, Phoenix, Arizona.  This hearing will be held as part of the Commission’s scheduled meeting for that day.  The record is considered open, and written and oral comments will be accepted until the close of the hearing on May 11, 2017.  Later, the Commissioners will discuss and may act on this assessment.  Written comments may be submitted prior to the hearing c/o Kara Dimas, Executive Secretary, Office of the Commission Director, P.O.  Box 19070, Phoenix, Arizona 85005-9070.

LEGISLATIVE ACTIONS:

• Senate Bill 1478
  The enacted legislation Exempts model system programs from inspections or investigations by the Division of Occupational Safety and Health (ADOSH) and repeals membership requirements for the Occupational Safety and Health Review Board (Review Board). Privatizes boiler inspections.  Effective Date: July 15, 2017.

REGULATORY ACTIVITY:

• Arizona published Lump Sum Settlement Discounts Tables for 2017.

LEGISLATIVE ACTIONS:

• House Bill 2307
  The enacted legislation modifies the process for a medical practitioner to gain access to the Controlled Substances Prescription Monitoring Program central database tracking system (CSPMP database), and requires a person who is authorized to access the CSPMP database to do so using only the person's assigned identifier. Allows data collected from the CSPMP database to be used for performing drug utilization review for controlled substances. Increases the amount of money that may be transferred annually from the Arizona Board of Pharmacy (Board) Fund to the CSPMP Fund from $395,795 to $500,000. It removes the requirement that registration with the CSPMP database be renewed biennially, and states a registration is valid in conjunction with a valid U.S. Drug Enforcement Agency registration number in addition to a valid license issued by the medical practitioner's regulatory board.  Allows Arizona Health Care Cost Containment System to use data collected from the CSPMP database for performing drug utilization review for controlled substances to help combat opioid overuse or abuse or for ensuring the continuity of care. Effective Date: July 15, 2017.

FEE SCHEDULE NEWS:

• The state adopted a new medical fee schedule effective October 1, 2016.
• “The Commission has also adopted by reference: 1) The unit values and guidance for consultative, diagnostic and therapeutic services published in the most recent edition of Relative Value Guide, American Society of Anesthesiologists; 2) The most recent edition of Complete Global Service Data for Orthopaedic Surgery, American Academy of Orthopaedic Surgeons; 3) The 1995 and 1997 Documentation Guidelines for Evaluation and Management Services, Centers for Medicare and Medicaid Services (CMS), and; 4) The National Correct Coding Initiative Edits, Additionally, in establishing the follow-up days for adopted codes in the Fee Schedule, the Commission uses the global periods published in the most recent edition of Relative Values for Physicians, Optuminsight, Inc.” The state adopted Medi-Span as the publication for determining the AWP under the Pharmaceutical Fee Schedule.
• The next update to the Arizona fee schedule is set for October 1, 2017.

REGULATORY ACTIVITY:

• The average monthly wage statutory maximum for injuries sustained on or after 1/1/2017 is $4,521.92.  This maximum will be effective through 12/31/2017.

LEGISLATIVE ACTIONS:

• House Bill 2240
  The enacted legislation authorizes the change of an administrative law judge as a matter of right and prescribes the rate of interest on the payment of benefits.  Changes to administrative law judges include:
  • Entitles any interested party regarding a hearing for a worker’s compensation claim to one administrative law judge change as a matter of right by filing a notice of change; Specifies the notice of change must:
    • a. Be signed by the interested party or the party’s authorized agent;
    • b. State the name of the administrative law judge to be changed;
    • c. Certify that the interested party has timely filed the notice of change (The notice is timely if filed not more than 30 days after the date of the notice of hearing or not more than 30 days after the new administrative law judge is assigned to the claim if another interested party has filed a notice of change as a matter of right); and
    • d. Certify that the interested party has not previously been granted a change for the claim.
  • Changes to administrative law judges also clarifies any interested party may file an affidavit that sets forth any of the grounds for an administrative law judge change for cause against a presiding administrative law judge;
  • States an affidavit for an administrative law judge change must be filed with the same time frames as a notice of change;
  • Asserts  the  employer  and  the  employer’s  insurance  carrier  are  considered  a  single  party unless the employer’s and the employer’s insurance company’s interest are in conflict.
  • In regards to payment of Interest on Awards it requires interest on the payment of benefits be paid at 10% or at the rate that is equal to 1% plus the prime rate as published by the Board of Governors of the Federal Reserve System, whichever is less and outlines the instances for when the interest is paid.
  • In addition, the amended statute also specifies only unemployment benefits received during the period of temporary partial disability are considered wages able to be earned. The enacted legislation includes translation services as a medical, surgical and hospital benefit and provides parameters for selecting a translator.  The legislation requires the Industrial Commission of Arizona to research and submit recommendations on ways to allow for investigations into the act or practice of workers’ compensation fraud impacting self-insured employers by December 31, 2016 and makes technical and conforming changes.  Effective Date August 6, 2016.

• House Bill 2350
  The enacted legislation stipulates that Post-Traumatic Stress Disorder (PTSD) of a peace officer is presumed to be a personal injury that is compensable pursuant to statute relating to workers’ compensation.  It requires  a  state  or  political  subdivision  of  the  state  to  establish  a  program  to  provide  a peace officer, firefighter or public safety employee up to 12 visits of licensed counseling, including telemedicine, paid for by the employer, if the employee was: a peace officer exposed to use of deadly force or subjected to deadly force in the line of duty, regardless of whether the officer was physically injured; a firefighter who witnessed the death of another firefighter while engaged in the line of duty; and a public safety employee who: visually  witnesses  the  death  or  maiming  of  one  or  more  persons  or  visually witnesses the immediate aftermath of the death or maiming; responds  to  or  was  directly  involved  in  a  criminal  investigation  of  a  dangerous crime against a child; or requires rescue in the line of duty where one’s life was endangered.  The bill stipulates that payment of licensed counseling by the employer does not create a presumption of a compensable mental injury, illness or condition related to workers’ compensation.   It exempts state employers that provide a program to its public safety employees which: is paid for by the employer; provides licensed counseling for any issue and, in a case related to trauma experienced while in the line of duty, occurs on the request of the employee and in-person; offers at least six visits per year before July 1, 2017; and offers at least 12 visits per year after July 1, 2017.  The enacted legislation defines licensed counseling and public safety employee.  It adds a repeal date of January 1, 2023.   Effective Date August 6, 2016.
• House Bill 2355
  The enacted legislation allows a pharmacist to dispense naloxone hydrochloride (Naloxone) without a prescription to a person at risk of experiencing an opioid-related overdose, a family member or community member in a position to assist that person. Allows a physician, licensed nurse practitioner or any other health professional who has prescribing authority to prescribe and dispense Naloxone to a person at risk, a family member in a position to assist a person at risk, a community organization that provides services to persons at risk or to any other person who is in a position to assist persons at risk.    The legislation requires a school governing board to prescribe and enforce policies and procedures for the emergency administration of Naloxone or any other opioid antagonist approved by the United States Food and Drug Administration by any employee of a school district. It permits a pharmacist to dispense Naloxone or any other opioid antagonist without a prescription to a person who is at risk of experiencing an opioid-related overdose, a family member who is in a position to assist that person or to a community member who is in a position to assist that person. The bill also requires a pharmacist who dispenses Naloxone or any other opioid antagonist to do the following: document the dispensing consistent with the Pharmacy Board rules; and instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable either before or after administering the drug.  It states that the authority of a pharmacist to fill or refill a prescription for Naloxone will not be affected.  The enacted legislation specifies that a pharmacist who dispenses an opioid antagonist is immune from professional liability and criminal prosecution for any decision, act, omission or injury that results if the pharmacist acts with reasonable care and in good faith, except in cases of wanton or willful neglect. The legislation allows a licensed physician, nurse practitioner or any other health professional, who has prescribing authority and who is acting within their scope of practice, directly or by standing order, prescribe or dispense Naloxone to a person who is at risk of experiencing an opioid-related overdose, to a family member of that person, to a community organization that provides services to persons who are at risk of an opioid-related overdose or to any other person who is in a position to assist a person who is at risk of experiencing an opioid-related overdose. It mandates a physician, licensed nurse practitioner or other health professional who prescribes or dispenses Naloxone or any other opioid antagonist to instruct the individual to whom the opioid antagonist is dispensed, to summon emergency services as soon as practicable either before or after administering the opioid antagonist.  The act specifies that a physician, licensed nurse practitioner or any other health professional who prescribes or dispenses an opioid antagonist will be immune from professional liability and criminal prosecution for any decision, act, omission or injury that results if the physician acts with reasonable care and in good faith, except in cases of gross negligence, willful misconduct or intentional wrongdoing.  It states that before a physician, licensed nurse practitioner or other health professional prescribes an opioid antagonist, they may require the person receiving the prescription, as an indicator of good faith, to provide factual basis in writing for a reasonable conclusion that the person or entity meets the description of a person or entity who is able to receive an opioid antagonist. The enacted legislation allows a person to administer an opioid antagonist that is prescribed or dispensed by a physician, licensed nurse practitioner, pharmacist or other health professional to a person who is experiencing an opioid-related overdose. It specifies that a person who administers an opioid antagonist in good faith and without compensation to a person who is experiencing an opioid-related overdose is not liable for any civil or other damages as the result of any act or omission by the person rendering care, or as the result of any act or failure to act to arrange for further medical treatment or care for the person experiencing the overdose, unless the person rendering the care acts with gross negligence, willful misconduct or intentional wrongdoing. The enacted legislation defines person, for the purposes of A.R.S. §36-2226 and A.R.S. §36-2267 as an employee of a school district or charter school who is acting in the person’s official capacity and makes technical and conforming changes.  Effective Date August 6, 2016.
• Senate Bill 1283
  SB 1283 requires a medical practitioner to obtain a patient utilization report from the Controlled Substances Prescription Monitoring Program’s (CSPMP) central database tracking system before prescribing an opioid analgesic or benzodiazepine controlled substance listed in schedule, II, III or IV.  The legislation provides, beginning the later of October 1, 2017 or sixty days after the statewide Health Information Exchange (Exchange) has integrated the CSPMP data into the Exchange, a medical practitioner, before prescribing an opioid analgesic or benzodiazepine controlled substance listed in schedule II, III or IV for a patient, must obtain a patient utilization report regarding the patient for the preceding 12 months from the CSPMP central database tracking system at the beginning of each new course of treatment and at least quarterly while that prescription remains a part of the treatment. It states each medical practitioner regulatory board must notify the medical practitioners licensed by that board of the applicable date.  The legislation permits a medical practitioner a one-year waiver from the requirement due to technological limitations that are reasonably within the control of the practitioner or other exceptional circumstances demonstrated by the practitioner, pursuant to a process established by the Arizona State Board of Pharmacy (Board) by rule.  It stipulates that a medical practitioner is not required to obtain a patient utilization report from the central database tracking system if any of the following apply:
  • The patient is receiving hospice care or palliative care for a serious or chronic illness;
  • The patient is receiving care for cancer, a cancer-related illness or condition or dialysis treatment;
  • A medical practitioner will administer the controlled substance;
  • The patient is receiving the controlled substance during the course of inpatient or residential treatment in a hospital, nursing care facility, assisted living facility, correctional facility or mental health facility;
  • The medical practitioner is prescribing the controlled substance to the patient for no more than a ten-day period for an invasive medical or dental procedure or a medical or dental procedure that results in acute pain to the patient;
  • The medical practitioner is prescribing no more than a five-day prescription and has reviewed the  program’s central database tracking system for that patient within the last 30 days, and the system shows that no other prescriber has prescribed a controlled substance in the preceding 30 day period and,
  • The medical practitioner is prescribing the controlled substance to the patient for no more than a ten-day period for patient who has suffered an acute injury or a medical or dental disease process that is diagnosed in an emergency department setting and that results in acute pain to the patient.  An acute injury or medical disease process does not include back pain.
  • The legislation stipulates that if the medical practitioner uses electronic medical records that integrate data from the CSPMP, a review of the electronic medical records with the integrated data must be deemed compliant with the review of the program’s central database tracking system.  It requires the Board to promote and enter into data sharing agreements for the purpose of integrating the CSPMP into electronic medical records and states by complying with this, a medical practitioner acting in good faith, or the medical practitioner’s employer, is not subject to liability or disciplinary action arising solely from either: Requesting or receiving, or failing to request or receive, prescription monitoring data from the program’s central database tracking system, or acting or failing to act on the basis of the prescription monitoring data provided by the program’s central database tracking system.   The legislation provides that medical practitioners and their delegates are not in violation during any time period in which the CSPMP tracking system is suspended or is not operational or available in a timely manner. If the CSPMP if not accessible, the medical practitioner or their delegate must document the date and time the practitioner or delegate attempted to use the CSPMP.  It requires the Board to conduct an annual voluntary survey of program users to assess user satisfaction with the program’s central database tracking system. The survey may be conducted electronically.  The bill requires the Board, on or before December 1 of each year to provide a report of the survey results to the President of the Senate, the Speaker of the House of Representatives and the Governor along with a copy to the Secretary of the State.  The legislation permits a medical practitioner regulatory board to obtain and use information from the program’s central database tracking system. It stipulates that the Board contract with a third party to conduct an analysis of the CSPMP and report on at least the following: The usability and length of time to query data on the CSPMP’s central database tracking system and recommendations to improve system properties for more efficient and effective clinical use by medical practitioners, strategies to increase and promote use by medical practitioners, the quality of the data and recommendations to improve accuracy and validity, strategies to make it easier to integrate the CSPMP’s central database into electronic health records, an analysis of available and necessary resources for the Board to implement CSPMP provisions, and best practices in this state and other states that have a CSPMP or database. The enacted legislation specifies the report must be completed on or before January 1, 2017.  On or before January 15, 2017 the Board must deliver the report to the President of the Senate, the Speaker of the House of Representatives and the Governor and must provide a copy to the Secretary of State.  The legislation repeals the CSPMP analysis and report section from and after September 30, 2017.  It states on or before October 1, 2016 and every quarter for the following four years, the Board must complete a quarterly report on the number and names of electronic health records companies that have integrated the CSPMP’s central database or are in the process of integrating the database for use by medical practitioners.  The report must include the number of medical practitioners who will have access to the integrated data through an electronic health records system.  The Board must post each report on its public website.  Repeals this from and after September 20, 2021.  The bill exempts the Board for purposes related to this act, from the rule making requirements for one year after the effective date of this act and it also defines emergency department.  Effective August 6, 2016.
• Senate Bill 1500
  SB 1500 continues the Industrial Commission of Arizona (ICA), the Occupational Safety and Health Advisory Committee, the Boiler Advisory Board, with modifications, and the Occupational Safety and Health Review Board (Review Board) for eight years. Makes various changes to ICA per diem and requirements of the Arizona Division of Occupational Safety and Health (ADOSH).  The enacted legislation continues the following for eight years: ICA; Occupational Safety and Health Advisory Committee; Boiler Advisory Board; and Review Board.  The legislation specifies that a Commissioner receives per diem for each day the Commissioner prepares for or attends an ICA meeting rather than each day the Commissioner performs their duties.  It requires Commissioners to provide the ICA Director documentation explaining the duties completed for the day the Commissioner is seeking per diem. It permits the ICA Director to deny per diem for failure to provide documentation or if the duties were not related to preparing for or attending an ICA meeting.  The act stipulates the ICA Director is appointed by Governor, rather than the appointed by the ICA with consent of the Senate. The legislation requires ADOSH to contract with Office of Administrative Hearings (OAH) to conduct hearings and adjudicate contested cases on an employer filing a notice of contest, conditional upon federal approval.  It instructs the ICA Director to notify Legislative Council by January 15, 2019, of the date the condition was or was not met.  It stipulates OAH decisions are subject to appeal to the Review Board.  The legislation permits the ADOSH Director, or their authorized agent, and the ICA to consider violations of an employer’s substance abuse policies as evidenced by test results or other impairment in deciding to recommend and issue a citation.  It prohibits an ADOSH employee or the ICA from: communicating that the employer should not be represented by an attorney and that the employer may be treated more favorably if not represented; conducting an audio recording of an oral statement during an interview without the person’s knowledge and consent; and obtaining a written statement during an interview without informing the person of their right to receive a copy of the written statement within a reasonable time.  The act requires the person to be informed of their right to receive a copy of the recorded oral statement within a reasonable time.  It repeals the authority of the ICA to require the attendance and testimony of witnesses and the production of evidence under oath.  The legislation requires ADOSH to: certify special inspectors; inspect boilers and lined hot water storage heaters until July 1, 2017; and establish a schedule to require regular boiler and lined hot water heater inspections. The legislation amends the Boilers Advisory Board (Board) by codifying establishment of the Board to assist the ICA in drafting standards and regulations for boilers and lined hot water storage heaters consisting of the following members appointed by the ICA: one member representing the boiler or lined hot water storage manufacturer industry; one member representing a public utility; one member representing the insurance industry; one member who is an owner or operator of a boiler or lined hot water storage heater; and one member who is a licensed contractor.  It directs the initial members to assign themselves by lot to terms of one or two years and stipulates subsequent members serve three-year terms.  It requires the Board to: meet at least annually and on the call of the ICA; and annually elect a chairperson from amongst its membership.  It specifies that the ICA determines the time and place of Board meetings. The legislation also removes regulation of private employment agents by the ICA due to the sunset of the Employment Advisory Council.  It requires every employment agent to reasonably ensure any representations made are true and cover all the material facts affecting the employment in question and classifies the failure to comply as an unlawful practice in accordance with consumer fraud. The legislation modifies the definition of trade secret.  It makes technical and conforming changes.  Effective Date August 6 2016.