2071-S.E AAS 4/18/91

ESHB 2071 - S COMM AMD

By Committee on Health & Long-Term Care

                                                       Adopted 4/18/91 - Voice Vote

     Strike everything after the enacting clause and insert the following:

     "Sec. 1.  RCW 18.72.040 and 1986 c 300 s 2 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 ((three)) four members of the public who meet the qualifications contained in RCW 70.39.020(2) and one nonvoting physician assistant authorized to practice under chapter 18.71A RCW.  The public members and the physician assistant member shall be appointed by the governor.  The physician assistant member shall vote on matters relating to the disciplining of physician assistants.  The physician assistant and public members' terms shall be for four years.  In order to achieve staggered terms, the public member serving on the board on June 11, 1986, shall continue to serve until October 1, 1987.  The remaining two public members shall be appointed to initial terms of three years and four years, respectively.

     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."

     "NEW SECTION. Sec. 2.  A new section is added to chapter 18.72 RCW to read as follows:

     To assist in identifying impairment related to alcohol abuse, the board may obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing."

     "Sec. 3.  RCW 18.130.180 and 1989 c 270 s 33 are each amended to read as follows:

     The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

     (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not.  If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action.  Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based.  For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.  Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

     (2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

     (3) All advertising which is false, fraudulent, or misleading;

     (4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed;

     (5) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

     (6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;

     (7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;

     (8) Failure to cooperate with the disciplining authority by:

     (a) Not furnishing any papers or documents;

     (b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; or

     (c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding;

     (9) Failure to comply with an order issued by the disciplining authority or an assurance of discontinuance entered into with the disciplining authority;

     (10) Aiding or abetting an unlicensed person to practice when a license is required;

     (11) Violations of rules established by any health agency;

     (12) Practice beyond the scope of practice as defined by law or rule;

     (13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

     (14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;

     (15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;

     (16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;

     (17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession.  For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended.  Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

     (18) The procuring, or aiding or abetting in procuring, a criminal abortion;

     (19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;

     (20) The willful betrayal of a practitioner-patient privilege as recognized by law;

     (21) Violation of chapter 19.68 RCW;

     (22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

     (23) Current misuse of:

     (a) Alcohol;

     (b) Controlled substances; or

     (c) Legend drugs;

     (24) Abuse of a client or patient or sexual contact with a client or patient;

(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of medical or health-related products or services intended for patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest is presented, as defined by rules of the disciplining authority, in consultation with the department, based on recognized professional ethical standards."

ESHB 2071 - S COMM AMD

By Committee on Health & Long-Term Care

                                                       Adopted 4/18/91 - Voice Vote

     On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 18.72.040 and 18.130.180; and adding a new section to chapter 18.72 RCW."