BILL REQ. #:  H-0502.3 

Read first time 01/30/13.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the medical quality assurance commission; amending RCW 43.70.320, 18.71.401, 18.71.420, and 18.71.0191; adding a new section to chapter 42.52 RCW; and adding new sections 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 42.52 RCW to read as follows:
     Members of a health profession board or commission, as identified in RCW 18.130.040(2)(b), may express their professional opinions to an elected official about the work of the board or commission on which the member serves, even if those opinions differ from the department of health's official position.

Sec. 2   RCW 43.70.320 and 2008 c 134 s 16 are each amended to read as follows:
     (1) There is created in the state treasury an account to be known as the health professions account. Except as provided otherwise in chapter 18.71 RCW for the medical quality assurance commission, all fees received by the department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties assessed and collected by the department under RCW 18.130.190 ((shall)) must be forwarded to the state treasurer who ((shall)) must credit such moneys to the health professions account.
     (2) Except as provided otherwise in chapter 18.71 RCW for the medical quality assurance commission, all expenses incurred in carrying out the health professions licensing activities of the department ((shall)) must be paid from the account as authorized by legislative appropriation((, except as provided in subsection (4) of this section)). Any residue in the account ((shall)) must be accumulated and ((shall)) does not revert to the general fund at the end of the biennium.
     (3) The secretary ((shall)) must biennially prepare a budget request based on the anticipated costs of administering the health professions licensing activities of the department which ((shall)) must include the estimated income from health professions fees.
     (((4) The secretary shall, at the request of a board or commission as applicable, spend unappropriated funds in the health professions account that are allocated to the requesting board or commission to meet unanticipated costs of that board or commission when revenues exceed more than fifteen percent over the department's estimated six-year spending projections for the requesting board or commission. Unanticipated costs shall be limited to spending as authorized in subsection (3) of this section for anticipated costs.))

NEW SECTION.  Sec. 3   A new section is added to chapter 18.71 RCW to read as follows:
     (1) The commission has authority over budget development, spending, and staffing.
     (a) That the commission must employ an executive director that is:
     (i) Hired by and serves at the pleasure of the commission;
     (ii) Exempt from the provisions of the civil service law, chapter 41.06 RCW, and whose salary is established by the commission in accordance with RCW 43.03.028 and 42.17A.110; and
     (iii) Responsible for performing all administrative duties of the commission, including preparing an annual budget, and any other duties as delegated to the executive director by the commission;
     (b) Consistent with the budgeting and accounting act, beginning with the 2013-2015 biennium, the commission is responsible for proposing its own biennial budget that the commission submits to the office of financial management;
     (c) Prior to adopting credentialing fees under RCW 43.70.250, the commission may consult with the secretary to determine the appropriate fees necessary to support the activities of the commission;
     (d) Prior to the secretary adopting uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the commission, the secretary must first meet with the commission to determine how those rules or guidelines, or changes to rules or guidelines, might impact the commission's ability to effectively carry out its statutory duties. If the commission determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the commission's ability to effectively carry out its statutory duties, then the commission must develop alternative solutions to mitigate the impacts.
     (2) An attorney general representing the department, secretary, or the commission must liberally construe the commission's powers and independence.
     (3) The commission, its members, or staff as directed by the commission, may communicate, present information requested, volunteer information, testify before legislative committees, and educate the legislature, as the commission may from time to time see fit.
     (4) The commission may contract with the department for services from the department that it provides other entities within the department. The commission may negotiate terms and price with the department; however, the department may not charge the commission a higher rate or less favorable term than the best terms received by any of its entities or contractors.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.71 RCW to read as follows:
     The medical quality assurance account is hereby created in the state treasury.

Sec. 5   RCW 18.71.401 and 1997 c 79 s 1 are each amended to read as follows:
     All assessments, fines, and other funds collected or received under this chapter must be deposited in the ((health professions account)) medical quality assurance account created in section 4 of this act and used solely to administer and implement this chapter.

Sec. 6   RCW 18.71.420 and 1991 c 3 s 171 are each amended to read as follows:
     The ((secretary of health shall)) commission must allocate all appropriated funds to accomplish the purposes of this chapter.

Sec. 7   RCW 18.71.0191 and 1994 sp.s. c 9 s 326 are each amended to read as follows:
     ((The secretary of the department of health shall)) Except as provided otherwise in section 3 of this act, the commission must appoint, from a list of three names supplied by the commission, an executive director who ((shall)) must act to carry out the provisions of this chapter. The secretary ((shall)) must 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.

NEW SECTION.  Sec. 8   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.