Z-1104               _______________________________________________

 

                                                   HOUSE BILL NO. 2927

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representative Braddock; by request of Department of Health

 

 

Read first time 1/26/90 and referred to Committee on Health Care.

 

 


AN ACT Relating to the practice of medicine in Washington; and amending RCW 18.71.015 and 18.71.030.

 

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

 

        Sec. 1.  Section 2, chapter 284, Laws of 1961 as last amended by section 1, chapter 116, Laws of 1987 and RCW 18.71.015 are each amended to read as follows:

          There is hereby created a board of medical examiners consisting of six individuals licensed to practice medicine in the state of Washington, one individual who is registered as a ((physician's)) physician assistant under chapter 18.71A RCW ((who shall be entitled to vote only on matters directly related to physicians' assistants)), and ((one individual who is not a physician)) two individuals who are not physicians, to be known as the Washington state board of medical examiners.

          The board shall be appointed by the governor.  ((The members of the first board shall be appointed within thirty days after March 21, 1961, to serve the following terms:  One member for one year, one member for two years, one member for three years, one member for four years, one member for five years, and the physician's assistant for a term of five years, from the date of their appointment, or until their successors are duly appointed and qualified.))  On expiration of the term of any member, the governor shall appoint for a period of five years an individual of similar qualifications to take the place of such member.  Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been appointed and shall have qualified.

          Each member of the board shall 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 board shall meet as soon as practicable after appointment and elect a ((chairman)) chair and a ((secretary)) vice-chair from its members.  Meetings shall be held at least four times a year and at such place as the board shall determine and at such other times and places as the board deems necessary.  A majority of the board members serving shall constitute a quorum for the transaction of board business.

          It shall require the affirmative vote of a majority of ((the members)) a quorum of the board to carry any motion or resolution, to adopt any rule, to pass any measure, or to authorize or deny the issuance of any certificate.

          Each member of the board shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses  incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.  Any such expenses shall be paid from funds appropriated to the department ((of licensing)).

          Any member of the board may be removed by the governor for neglect of duty, misconduct, or malfeasance or misfeasance in office.

          Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor.

 

        Sec. 2.  Section 1, chapter 2, Laws of 1983 as last amended by section 4, chapter 48, Laws of 1988 and RCW 18.71.030 are each amended to read as follows:

          Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:

          (1) The furnishing of medical assistance in cases of emergency requiring immediate attention;

          (2) The domestic administration of family remedies;

          (3)  The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.31 RCW, as now or hereafter amended;

          (4) The practice of dentistry, osteopathy, osteopathy and surgery, nursing, chiropractic, podiatry, optometry, naturopathy or any other healing art licensed under the methods or means permitted by such license;

           (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;

           (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;

           (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the board:  PROVIDED, HOWEVER, That the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

           (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state:  PROVIDED, That the performance of such services shall be only pursuant to his or her duties as a trainee;

           (9) The practice of medicine by a person who is regularly enrolled in a ((physician's)) physician assistant program approved by the board:  PROVIDED, HOWEVER, That the performance of such services be only pursuant to a regular course of instruction in said program:  AND PROVIDED FURTHER, That such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

           (10) The practice of medicine by a registered ((physician's)) physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;

           (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;

           (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the board of medical examiners:  PROVIDED, That a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist:  AND PROVIDED FURTHER, That the medical disciplinary board shall have jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to the provisions of chapter 18.72 RCW and chapter 18.130 RCW;

          (13) Emergency lifesaving service rendered by a physician's trained mobile intravenous therapy technician, by a physician's trained mobile airway management technician, or by a physician's trained mobile intensive care paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;

          (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW 18.88.295 and 28A.31.160.