Z-0482.1  _______________________________________________

                         SENATE BILL 5359

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Thibaudeau, Winsley, Parlette and Franklin; by request of Department of Health

Read first time 01/19/2001.  Referred to Committee on Health & Long‑Term Care.

Modifying the health professions' appointment of pro tem members.

    AN ACT Relating to the health professions' use of pro tem board members; and amending RCW 18.130.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 18.130.060 and 1995 c 336 s 5 are each amended to read as follows:

    In addition to the authority specified in RCW 18.130.050, the secretary has the following additional authority:

    (1) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter;

    (2) Upon the request of a board, to appoint ((not more than three pro tem members for the purpose of participating as members of one or more committees of the board in connection with)) pro tem members to participate as members of a panel of the board in connection with proceedings specifically identified in the request.  Individuals so appointed must meet the same minimum qualifications as regular members of the board.  Pro tem members appointed for matters under this chapter are appointed for a term of no more than one year.  No pro tem member may serve more than four one-year terms.  While serving as board members pro tem, persons so appointed have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular members of the board.  The chairperson of a ((committee)) panel shall be a regular member of the board appointed by the board chairperson.  ((Committees)) Panels have authority to act as directed by the board with respect to all matters concerning the review, investigation, and adjudication of all complaints, allegations, charges, and matters subject to the jurisdiction of the board.  The authority to act through ((committees)) panels does not restrict the authority of the board to act as a single body at any phase of proceedings within the board's jurisdiction.  Board ((committees)) panels may make interim orders and issue final decisions with respect to matters and cases delegated to the ((committee)) panel by the board.  Final decisions may be appealed as provided in chapter 34.05 RCW, the Administrative Procedure Act;

    (3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation and to establish fees to witnesses in any agency adjudicative proceeding as authorized by RCW 34.05.446;

    (4) To conduct investigations and practice reviews at the direction of the disciplining authority and to issue subpoenas, administer oaths, and take depositions in the course of conducting those investigations and practice reviews at the direction of the disciplining authority;

    (5) To have the health professions regulatory program establish a system to recruit potential public members, to review the qualifications of such potential members, and to provide orientation to those public members appointed pursuant to law by the governor or the secretary to the boards and commissions specified in RCW 18.130.040(2)(b), and to the advisory committees and councils for professions specified in RCW 18.130.040(2)(a).

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