BILL REQ. #:  H-0297.1 

Prefiled 12/30/08. Read first time 01/12/09.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the composition of the Washington state dental quality assurance commission; amending RCW 18.32.0351, 18.32.0355, and 18.32.0357; and adding a new section to chapter 18.32 RCW.

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

Sec. 1   RCW 18.32.0351 and 2007 c 269 s 16 are each amended to read as follows:
     (1) The Washington state dental quality assurance commission is established, consisting of sixteen members each appointed by the governor to a four-year term. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, members of the previous boards and committees regulating these professions be appointed to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. ((Twelve)) Six members of the commission must be dentists, ((two)) one member((s)) must be an expanded function dental ((auxiliaries)) auxiliary licensed under chapter 18.260 RCW, and ((two)) nine members must be public members.
     (2) To meet the additional membership requirements established in this act, the commission may temporarily exceed sixteen members subject to the requirements of this subsection. Within thirty days of the effective date of this section, the governor shall appoint an additional seven public members to the commission. The governor may appoint the new public members to staggered terms, but subsequent public members shall be appointed to full four-year terms. The positions on the commission occupied by nonpublic members shall be eliminated as the full terms of the nonpublic members occupying the positions expire until the membership of the commission meets the requirements of subsection (1) of this section.
     (3) During the period of time in which the membership of the commission exceeds sixteen members, the secretary may temporarily adjust any fee authorized by this chapter by an amount not to exceed any increased costs caused by the increased membership of the commission.

Sec. 2   RCW 18.32.0355 and 1994 sp.s. c 9 s 206 are each amended to read as follows:
     Members must be citizens of the United States and residents of this state. Dentist members must be licensed dentists in the active practice of dentistry for a period of five years before appointment. Of the ((twelve)) six dentists appointed to the commission, at least ((four)) two must reside and engage in the active practice of dentistry east of the summit of the Cascade mountain range. 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.

Sec. 3   RCW 18.32.0357 and 1999 c 364 s 2 are each amended to read as follows:
     The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
     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 a motion or resolution, to adopt a rule, or to pass a measure.
     The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be 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.
     The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
     The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
     The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.
     The commission shall establish continuing dental education requirements.
     The attorney general shall advise the commission and represent it in all legal proceedings.
     In any panel used by the commission under chapter 18.130 RCW, the public members must outnumber the nonpublic members.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.32 RCW to read as follows:
     (1) Five years after the commission is compromised of sixteen members, nine of whom are public members, the secretary, in consultation with the commission, shall evaluate the commission's ability to carry out its duties under this chapter. In performing the evaluation, the secretary shall consider whether the changes made in this act:
     (a) Serve the public interest;
     (b) Increase public safety; and
     (c) Increase public confidence in the professions regulated under this chapter.
     (2) The secretary shall report the results of the evaluation to the appropriate committees of the legislature no later than November 15th in the year the evaluation is performed.