BILL REQ. #:  S-5280.1 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to establishing a medical quality assurance commission pilot project; amending RCW 18.71.0191 and 43.70.240; and adding a new section to chapter 18.71 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.71 RCW to read as follows:
     (1) The commission shall conduct a medical quality assurance commission pilot project to evaluate the effect of granting the commission additional authority over budget development, spending, and staffing. The pilot project shall begin July 1, 2008, and conclude June 30, 2011.
     (2) The pilot project shall include the following provisions:
     (a) That the secretary shall employ an executive director who is approved by the commission and exempt from the provisions of the civil service law, chapter 41.06 RCW, and serves at the pleasure of the commission;
     (b) That the executive director performs all administrative duties of the commission, including managing employees assigned by the secretary to the commission, preparing an annual budget, and any other duties delegated to the executive director by the commission;
     (c) That the secretary shall employ and assign investigators with medical expertise, as required to enable the commission to accomplish its duties and responsibilities. The secretary shall consult with the executive director when making primary staffing assignments on a long-term basis to foster the development and maintenance of staff expertise. To ensure continuity and best practices, the secretary shall regularly evaluate staff assignments and workload distribution;
     (d) Consistent with the budget and accounting act:
     (i) With regard to budget for the remainder of the 2007-2009 biennium, the commission has authority to spend the funds allotted with respect to its professions, physicians regulated under this chapter, and physician assistants regulated under chapter 18.71A RCW; and
     (ii) Beginning with the 2009-2011 biennium, the commission is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management;
     (e) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall consult with the commission to determine the appropriate fees for the individual professions, consistent with RCW 43.70.250;
     (f) That the commission shall annually negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals.
     (3) By December 15, 2012, the secretary and the commission shall report to the governor and the legislature on the results of the pilot project. The report shall:
     (a) Compare the effectiveness of licensing and disciplinary activities of the commission during the pilot project with the licensing and disciplinary activities of the commission prior to the pilot project;
     (b) Compare the effectiveness of licensing and disciplinary activities of the commission during the pilot project with the disciplinary activities of other disciplining authorities during the same time period as the pilot project;
     (c) Compare the efficiency of the commission with respect to the timeliness and personnel resources during the pilot project to the efficiency of the commission prior to the pilot project and the efficiency of other disciplining authorities during the same period as the pilot project;
     (d) Compare the budgetary activity of the commission during the pilot project to the budgetary activity of the commission prior to the pilot project and to the budgetary activity of other disciplining authorities during the same period as the pilot project;
     (e) Evaluate the commission's ability to meet the key performance measures identified in subsection (2)(f) of this section in comparison to other disciplining authorities; and
     (f) Review summaries of national research and data regarding regulatory effectiveness and patient safety.

Sec. 2   RCW 18.71.0191 and 1994 sp.s. c 9 s 326 are each amended to read as follows:
     Except as provided in section 1 of this act for the duration of the pilot project, the secretary of the department of health shall appoint, from a list of three names supplied by the commission, an executive director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the commission to accomplish its duties and responsibilities. The executive director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.

Sec. 3   RCW 43.70.240 and 1998 c 245 s 73 are each amended to read as follows:
     The secretary and each of the professional licensing and disciplinary boards or commissions under the administration of the department shall enter into written operating agreements on administrative procedures with input from the regulated profession and the public. The intent of these agreements is to provide a process for the department to consult each board or commission on administrative matters and to ensure that the administration and staff functions effectively enable each board or commission to fulfill its statutory responsibilities. The agreements shall include, but not be limited to, the following provisions:
     (1) Administrative activities supporting the board's policies, goals, and objectives;
     (2) Development and review of the agency budget as it relates to the board; ((and))
     (3) Board related personnel issues; and
     (4) Other issues as provided in section 1 of this act, pertaining to the medical quality assurance commission pilot project for the duration of that project.
     The agreements shall be reviewed and revised in like manner if appropriate at the beginning of each fiscal year, and at other times upon written request by the secretary or the board.