BILL REQ. #:  H-4145.1 

Read first time 01/23/2004.   Referred to Committee on Health Care.

     AN ACT Relating to regulation of health care providers; amending RCW 18.71.015 and 18.71.350; an adding a new section to chapter 18.130 RCW.

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

Sec. 1   RCW 18.71.015 and 1999 c 366 s 4 are each amended to read as follows:
     The Washington state medical quality assurance commission is established, consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two individuals who are licensed as physician assistants under chapter 18.71A RCW, and ((four)) eight individuals who are members of the public. Each congressional district now existing or hereafter created in the state must be represented by at least one physician member of the commission. The terms of office of members of the commission are not affected by changes in congressional district boundaries. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
     The members of the commission shall be appointed by the governor. Members of the initial commission may be appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The governor shall consider such physician and physician assistant members who are recommended for appointment by the appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter 9, Laws of 1994 sp. sess. be appointed to the commission. No member may serve more than two consecutive full terms. Each member shall hold office until a successor is appointed.
     Each member of the commission must be a citizen of the United States, must be an actual resident of this state, and, if a physician, must have been licensed to practice medicine in this state for at least five years.
     The commission shall meet as soon as practicable after appointment and elect officers each year. Meetings shall be held at least four times a year and at such place as the commission determines and at such other times and places as the commission deems necessary. A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business.
     The affirmative vote of a majority of a quorum of the commission is required to carry any motion or resolution, to adopt any rule, or to pass any measure. The commission may appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
     Each member of the commission shall be compensated in accordance with RCW 43.03.265 and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses shall be paid from funds appropriated to the department of health.
     Whenever the governor is satisfied that a member of a commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
     Vacancies in the membership of the commission shall be filled for the unexpired term by appointment by the governor.
     The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.
     Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.

Sec. 2   RCW 18.71.350 and 1994 sp.s. c 9 s 333 are each amended to read as follows:
     (1) Every institution or organization providing professional liability insurance to physicians shall send a complete report to the commission of all malpractice settlements, awards, or payments in excess of twenty 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 five-year time period as the result of the alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment.
     (2)(a) The commission may initiate an investigation and disciplinary proceedings under chapter 18.130 RCW against any physician based upon any information contained in a report received under subsection (1) of this section.
     (b) The commission shall conduct a full investigation of the circumstances underlying any case where reports received under subsection (1) of this section demonstrate that a physician has three or more claims within a five-year period and each claim equals at least fifty thousand dollars.
     (3) Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.130 RCW to read as follows:
     (1) The department shall establish and maintain an electronic health care provider locator system to allow the public to use the internet to locate and access data regarding credentialed health care providers in Washington. The system shall, at a minimum, include the following data about each health care provider:
     (a) Year of birth;
     (b) Credential number;
     (c) Type of credential or credentials;
     (d) Status of the license;
     (e) Date that the health care provider first became credentialed;
     (f) Expiration date of the credential;
     (g) Last renewal date of the credential;
     (h) History of restrictions or disciplinary actions taken against the health care provider;
     (i) Copies of legal documents issued after July 1998;
     (j) Convictions of any felonies; and
     (k) Any other information related to the competency of health care providers.
     (2) With respect to both the design of the web site and the information provided on the web site, the system shall facilitate, to the greatest extent practicable, the ability of health care consumers and others to obtain information related to the qualifications or competence of health care providers.