BILL REQ. #:  H-0024.4 

Read first time 01/14/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the Washington state veterinary board of governors; amending RCW 18.92.021, 18.92.046, 18.130.050, and 18.130.060; and adding a new section to chapter 18.92 RCW.

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

Sec. 1   RCW 18.92.021 and 2007 c 235 s 3 are each amended to read as follows:
     (1) There is created a Washington state veterinary board of governors consisting of seven members, ((five)) three of whom shall be licensed veterinarians, one of whom shall be a licensed veterinary technician trained in both large and small animal medicine, and ((one)) three of whom shall be ((a lay)) members of the general public.
     (2)(a) The licensed members shall be appointed by the governor. At the time of their appointment the licensed members of the board must be actual residents of the state ((in active practice as licensed)) with an active or retired active license as a practitioner((s)) of veterinary medicine, surgery, and dentistry, or employed as a licensed veterinary technician, as applicable, and must be citizens of the United States. Not more than one licensed veterinary member shall be from the same congressional district. The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
     (b) The terms of the ((first)) licensed members of the board shall be ((as follows: One member for five, four, three, two, and one years respectively. Thereafter the terms shall be)) for ((five)) three years ((and until their successors are appointed and qualified)).
     (c) The ((lay)) members of the general public shall be appointed by the governor for a ((five)) three-year term ((and until the lay member's successor is appointed)). The members of the general public may not have a material or financial interest in the rendering of veterinary services or have a family member who provides veterinary services. The governor may stagger the initial terms of the members of the general public as required to prevent their terms from expiring simultaneously.
     (d) A member may be appointed to serve a second term, if that term does not run consecutively.
     (e) Vacancies in the board shall be filled by the governor, the appointee to hold office for the remainder of the unexpired term.
     (3) The licensed veterinary technician member is a nonvoting member with respect to board decisions related to the discipline of a veterinarian involving standard of care.
     (4) Officers of the board shall be a chair and a secretary-treasurer to be chosen by the members of the board from among its members.
     (5) At least four voting members of the board, including at least two members of the general public, shall constitute a quorum at meetings of the board.
     (6) The board must maintain a written record of any closed session proceedings.
     (7) The following are public records for purposes of chapter 42.56 RCW and must be disclosed to the public upon request:
     (a) Any worksheet used by a reviewing board member in any part of the disciplinary process; and
     (b) The written record required by subsection (6) of this section.
     (8) The board may not use panels in disciplinary actions as provided in chapter 18.130 RCW.

Sec. 2   RCW 18.92.046 and 1987 c 150 s 58 are each amended to read as follows:
     (1) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
     (2) In all cases of unprofessional conduct relating to licensees under this chapter that do not involve clinical expertise or standards of practice, as those terms are defined in RCW 18.130.020, the secretary is the disciplining authority responsible for all disciplinary activities identified in chapter 18.130 RCW that relate to the evaluation of complaints, performance of investigations, and review of the results of investigations to determine the appropriate disposition of a case. The secretary may seek the advice of the board as necessary when conducting these activities. The board shall conduct an initial review of each complaint to determine if the case involves issues of clinical expertise or standards of practice. Within seventy-two hours of receipt of a complaint from the secretary, the board must identify whether the complaint should be transferred to the secretary. If the board determines that the case involves issues of clinical expertise or standards of practice, then the case, upon notice to the secretary, must become the responsibility of the board under its authority as a disciplining authority under RCW 18.130.050.
     (3)(a) In addition to requirements under RCW 18.130.095, the secretary or the board, as applicable, must provide to the complainant a written explanation of any determination pertaining to the complaint. Such actions must include a determination to initiate an investigation, a determination to close a complaint without investigation, a determination to close a complaint after investigation, a finding of unprofessional conduct following a hearing, or a finding that unprofessional conduct did not occur following a hearing.
     (b) Within twenty days of receiving a written explanation from the secretary or the board relating to a determination identified in (a) of this subsection, the complainant may appeal the determination to an administrative law judge for review in accordance with chapter 34.05 RCW.
     (c) Within twenty days of receiving a decision from an administrative law judge denying an appeal under (b) of this subsection, the complainant may request judicial review of the decision in accordance with chapter 34.05 RCW.
     (4) Following a successful appeal of a case under subsection (3)(b) or (c) of this section, the secretary or the board, as appropriate, shall continue to pursue the case against the license holder.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.92 RCW to read as follows:
     (1) In any disciplinary proceeding administered under chapter 18.130 RCW in which the secretary or the board issues an order for a sanction under RCW 18.130.160, other than the revocation of a license, the sanction must be based on a finding supported by a preponderance of the evidence that the veterinarian has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition.
     (2) In any proceeding in which the secretary or the board issues an order to revoke a license under RCW 18.130.160, the sanction must be based on a finding supported by clear, cogent, and convincing evidence that the veterinarian has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition.

Sec. 4   RCW 18.130.050 and 2008 c 134 s 3 are each amended to read as follows:
     Except as provided in RCW 18.130.062 and chapter 18.92 RCW, the disciplining authority has the following authority:
     (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;
     (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter;
     (3) To hold hearings as provided in this chapter;
     (4) To issue subpoenas and administer oaths in connection with any investigation, consideration of an application for license, hearing, or proceeding held under this chapter;
     (5) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;
     (6) To compel attendance of witnesses at hearings;
     (7) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews and to issue citations and assess fines for failure to produce documents, records, or other items in accordance with RCW 18.130.230;
     (8) To take emergency action ordering summary suspension of a license, or restriction or limitation of the license holder's practice pending proceedings by the disciplining authority. Within fourteen days of a request by the affected license holder, the disciplining authority must provide a show cause hearing in accordance with the requirements of RCW 18.130.135. Consistent with RCW 18.130.370, a disciplining authority shall issue a summary suspension of the license or temporary practice permit of a license holder prohibited from practicing a health care profession in another state, federal, or foreign jurisdiction because of an act of unprofessional conduct that is substantially equivalent to an act of unprofessional conduct prohibited by this chapter or any of the chapters specified in RCW 18.130.040. The summary suspension remains in effect until proceedings by the Washington disciplining authority have been completed;
     (9) To conduct show cause hearings in accordance with RCW 18.130.062 or 18.130.135 to review an action taken by the disciplining authority to suspend a license or restrict or limit a license holder's practice pending proceedings by the disciplining authority;
     (10) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer. Disciplining authorities identified in RCW 18.130.040(2)(b) may not delegate the final decision regarding disposition of the license or imposition of sanctions to a presiding officer in any case pertaining to standards of practice or where clinical expertise is necessary;
     (11) To use individual members of the boards to direct investigations and to authorize the issuance of a citation under subsection (7) of this section. However, the member of the board shall not subsequently participate in the hearing of the case;
     (12) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
     (13) To contract with license holders or other persons or organizations to provide services necessary for the monitoring and supervision of license holders who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;
     (14) To adopt standards of professional conduct or practice;
     (15) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter. After January 1, 2009, all sanctions must be issued in accordance with RCW 18.130.390;
     (16) To restrict or place conditions on the practice of new licensees in order to protect the public and promote the safety of and confidence in the health care system;
     (17) To designate individuals authorized to sign subpoenas and statements of charges;
     (18) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;
     (19) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a license holder's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3).

Sec. 5   RCW 18.130.060 and 2008 c 134 s 4 are each amended to read as follows:
     In addition to the authority specified in RCW 18.130.050 and 18.130.062 and chapter 18.92 RCW, the secretary has the following additional authority:
     (1) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter. The secretary must, whenever practical, make primary assignments on a long-term basis to foster the development and maintenance of staff expertise. To ensure continuity and best practices, the secretary will regularly evaluate staff assignments and workload distribution;
     (2) Upon the request of a board or commission, to appoint pro tem members to participate as members of a panel of the board or commission in connection with proceedings specifically identified in the request. Individuals so appointed must meet the same minimum qualifications as regular members of the board or commission. 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 or commission 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 or commission. The chairperson of a panel shall be a regular member of the board or commission appointed by the board or commission chairperson. Panels have authority to act as directed by the board or commission with respect to all matters subject to the jurisdiction of the board or commission and within the authority of the board or commission. The authority to act through panels does not restrict the authority of the board or commission to act as a single body at any phase of proceedings within the board's or commission's jurisdiction. Board or commission panels may issue final orders and decisions with respect to matters and cases delegated to the panel by the board or commission. 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); and
     (6) To adopt rules, in consultation with the disciplining authorities, requiring every license holder to report information identified in RCW 18.130.070.