BILL REQ. #:  S-0260.2 

Read first time 01/12/2007.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to membership of the Washington state medical quality assurance commission; amending RCW 18.71.015; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) A large percentage of Washington residents use medical doctors who practice holistic medicine.
     (2) Holistic medicine is the art and science that addresses the whole person, body, mind, and spirit, and the practice of holistic medicine integrates conventional and complementary therapies to prevent and treat disease, but most importantly to promote optimal health.
     (3) The centers for disease control found from the national health interview survey done in 2002 that thirty-six percent of all adults in the United States over the age of eighteen years of age use some form of complementary and alternative medicine.
     (4) It is in the public interest that at least one physician who practices holistic medicine be on the medical quality assurance commission because in some respects the skill sets and treatment modalities offered materially differ between holistic and allopathic practitioners. Although physicians trained in holistic medicine are not universally better than allopathic providers, their training is based on different paradigms. Availability of both is essential for public health, and the commission can only be reasonably expected to hold a balanced view on the complete spectrum of treatment modalities if the holistic segment of the profession is included.

Sec. 2   RCW 18.71.015 and 2006 c 8 s 103 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, at least one of the physicians must practice holistic medicine and be certified by the American board of holistic medicine; two individuals who are licensed as physician assistants under chapter 18.71A RCW((,)); and six individuals who are members of the public. At least two of the public members shall not be from the health care industry. 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. When a panel is reviewing a case involving a physician who practices holistic medicine, at least one member of the panel shall be a practitioner of holistic medicine. 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.