_______________________________________________
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1950
_______________________________________________
State of Washington 49th Legislature 1986 Regular Session
By House Committee on Social & Health Services (originally sponsored by Representatives Brooks and May)
Read first time 2/7/86 and passed to Committee on Rules.
AN ACT Relating to medical practice; amending RCW 18.72.040, 18.72.050, 18.72.055, 18.72.080, and 18.72.155; adding a new section to chapter 18.72 RCW; adding a new section to chapter 70.41 RCW; and repealing RCW 18.72.060, 18.72.070, and 18.72.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 202, Laws of 1955 as amended by section 1, chapter 71, Laws of 1977 and RCW 18.72.040 are each amended to read as follows:
There is
hereby created the "Washington state medical disciplinary board,"
which shall be composed of one holder of a valid license to practice medicine
and surgery from each congressional district now existing or hereafter created
in the state and ((one)) three members of the public who
meet((s)) the qualifications contained in RCW 70.39.020(2). The
members of the board shall be appointed by the governor. In appointing
the medical members of the board, the governor shall consider persons nominated
by the state medical association. The ((public member's)) members'
terms shall be for ((two)) four years commencing on
October 1st of each odd-numbered year. The board shall be an administrative
agency of the state of Washington.
The attorney general shall be the advisor of the board and shall represent it in all legal proceedings.
Sec. 2. Section 5, chapter 202, Laws of 1955 as last amended by section 3, chapter 30, Laws of 1982 1st ex. sess. and RCW 18.72.050 are each amended to read as follows:
((Members
of the board, except the public member, shall be elected by secret mail ballot
by the holders of licenses to practice medicine and surgery residing in each
congressional district, now or hereafter existing in the state, and shall hold
office until their successors are elected and qualified.)) Members from
even-numbered congressional districts shall be ((elected)) appointed
in even-numbered years and members from odd-numbered congressional districts
shall be ((elected)) appointed in odd-numbered years. The board
shall not be deemed unlawfully constituted and a member of the board shall not
be deemed ineligible to serve the remainder of the member's unexpired term on
the board solely by reason of the establishment of new or revised boundaries
for congressional districts.
Sec. 3. Section 4, chapter 30, Laws of 1982 1st ex. sess. and RCW 18.72.055 are each amended to read as follows:
The terms
of office of members of the medical disciplinary board who are ((elected))
appointed from the various congressional districts shall not be
affected by the creation of either new boundaries for congressional districts
or additional districts. In such an event, each board member so ((elected))
appointed may continue to serve in office for the balance of the term
for which he or she was ((elected or)) appointed: PROVIDED, That the
board member continues to reside within the boundaries of the congressional
district as they existed at the time of his or her ((election or))
appointment. Vacancies which occur in a board member position during the
balance of any such term shall be filled pursuant to RCW 18.72.080, as now or
hereafter amended, by a successor who resides within the boundaries of the
congressional district from which the member whose office was vacated was ((elected))
appointed as they existed at the time of his or her ((election)) appointment.
((At the election immediately)) Preceding expiration of the term
of office of each board member provided for in this section following the
creation of either new boundaries for congressional districts or additional
districts, and thereafter, a successor shall be ((elected)) appointed
from the congressional district which corresponds in number with the congressional
district from which the incumbent was appointed ((or elected)).
Sec. 4. Section 8, chapter 202, Laws of 1955 and RCW 18.72.080 are each amended to read as follows:
Vacancies
in the board shall be filled by the governor ((and a member appointed to
fill a vacancy on the board shall serve until the naming of his successor in
the next district election and until his successor takes office on the October
1st following the election)) in the same manner as the original appointment.
Sec. 5. Section 6, chapter 111, Laws of 1979 ex. sess. and RCW 18.72.155 are each amended to read as follows:
The director of the department of licensing shall appoint, from a list of three names supplied by the board, an executive secretary who shall act to carry out the provisions of this chapter. The director shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the board to accomplish its duties and responsibilities. Investigators employed under this section shall be assigned solely to the board.
The executive secretary shall be exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.
NEW SECTION. Sec. 6. A new section is added to chapter 18.72 RCW to read as follows:
Every institution or organization providing professional liability insurance directly or indirectly to physicians shall send a complete report to the medical disciplinary board of all malpractice settlements, awards, or payments in excess of thirty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician's incompetency or negligence in the practice of medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a year as the result of the alleged physician's incompetency or negligence in the practice of medicine regardless of the dollar amount of the award or payment.
NEW SECTION. Sec. 7. A new section is added to chapter 70.41 RCW to read as follows:
A hospital licensed pursuant to this chapter shall, prior to the grant or renewal of professional privileges, or the association of or employment of any physician, require the physician to provide the following information:
(1) The name of any hospital with which the physician is or was associated or employed or granted professional privileges;
(2) If the association, employment, or grant of professional privilege was discontinued, the reasons therefor;
(3) Any pending professional medical misconduct proceedings, or any pending medical malpractice actions against the physician, whether in this or any other state, and the substance of the allegations in the pending actions;
(4) The existence of any judgment, settlement, or award in excess of thirty thousand dollars resulting from a claim or action for damages allegedly caused by negligence or incompetence in the practice of medicine;
(5) The substance of any findings resulting from any proceeding against the physician for professional medical misconduct, but this information shall not be discoverable nor admissible in any civil action except as provided in RCW 4.24.250.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) Section 6, chapter 202, Laws of 1955, section 2, chapter 111, Laws of 1979 ex. sess. and RCW 18.72.060;
(2) Section 7, chapter 202, Laws of 1955 and RCW 18.72.070; and
(3) Section 12, chapter 202, Laws of 1955 and RCW 18.72.120.