AN
ACT Relating to compensation for members of part-time health commissions;
amending RCW 18.25.0171, 18.32.0361, 18.71.015, and 18.79.090; and adding a new
section to chapter 43.03 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 43.03 RCW to read as follows:
(1)
Any part-time commission that has rule-making authority, performs
quasi-judicial functions, has responsibility for the policy direction of a
health profession credentialing program, and performs regulatory and licensing
functions with respect to a health care profession licensed under Title 18 RCW
shall be identified as a class five group for purposes of compensation.
(2)
Except as otherwise provided in this section, each member of a class five group
is eligible to receive compensation in an amount not to exceed two hundred
fifty dollars for each day during which the member attends an official meeting
of the group or performs statutorily prescribed duties approved by the
chairperson of the group. A person shall not receive compensation for a day of
service under this section if the person (a) occupies a position, normally
regarded as full-time in nature, in any agency of the federal government,
Washington state government, or Washington state local government; and (b)
receives any compensation from such government for working that day.
(3)
Compensation may be paid a member under this section only if it is necessarily
incurred in the course of authorized business consistent with the
responsibilities of the commission established by law.
Sec.
2. RCW
18.25.0171 and 1994 sp.s. c 9 s 107 are each amended to read as follows:
The
commission shall elect officers each year. Meetings of the commission are open
to the public, except that 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.
Each
member of the commission shall be compensated in accordance with ((RCW
43.03.240)) section 1 of this act. Members shall be reimbursed for
travel expenses incurred in the actual performance of their duties, as provided
in RCW 43.03.050 and 43.03.060.
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 of at least three members. A quorum
for transaction of any business by a panel is 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 chiropractic.
The
commission may adopt such rules as are consistent with this chapter as may be
deemed necessary and proper to carry out the purposes of this chapter.
Sec.
3. RCW
18.32.0361 and 1994 sp.s. c 9 s 208 are each amended to read as follows:
Each
member of the commission shall be compensated in accordance with ((RCW
43.03.240)) section 1 of this act. Members shall be reimbursed for
travel expenses incurred in the actual performance of their duties, as provided
in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and
reimbursed for their activities in developing or administering a multistate
licensing examination, as provided in this chapter.
Sec.
4. RCW
18.71.015 and 1994 sp.s. c 9 s 303 are each amended to read as follows:
The
Washington state medical quality assurance commission is established,
consisting of thirteen individuals licensed to practice medicine in the state
of Washington under this chapter, two individuals who are licensed as physician
assistants under chapter 18.71A RCW, and four individuals who are members of the
public. Each congressional district now existing or hereafter created in the
state must be represented by at least one physician member of the commission.
The terms of office of members of the commission are not affected by changes in
congressional district boundaries. 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.
The
members of the commission shall be appointed by the governor. Members of the
initial commission may be appointed to staggered terms of one to four years,
and thereafter all terms of appointment shall be for four years. The governor
shall consider such physician and physician assistant members who are
recommended for appointment by the appropriate professional associations in the
state. In appointing the initial members of the commission, it is the intent
of the legislature that, to the extent possible, the existing members of the
board of medical examiners and medical disciplinary board repealed under
section 336, chapter 9, Laws of 1994 sp. sess. be appointed to the commission.
No member may serve more than two consecutive full terms. Each member shall
hold office until a successor is appointed.
Each
member of the commission must 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
commission shall meet as soon as practicable after appointment and elect
officers each year. Meetings shall be held at least four times a year and at
such place as the commission determines and at such other times and places as
the commission deems necessary. 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 any motion or resolution, to adopt any rule, or to pass any measure. The
commission may appoint panels consisting of at least three members. A quorum
for the transaction of any business by a panel is 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.
Each
member of the commission shall be compensated in accordance with ((RCW
43.03.240)) section 1 of this act and in addition thereto shall be
reimbursed for travel expenses incurred in carrying out the duties of the
commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses
shall be paid from funds appropriated to the department of health.
Whenever
the governor is satisfied that a member of a commission has been guilty of
neglect of duty, misconduct, or malfeasance or misfeasance in office, the
governor shall file with the secretary of state a statement of the causes for
and the order of removal from office, and the secretary shall forthwith send a
certified copy of the statement of causes and order of removal to the last
known post office address of the member.
Vacancies
in the membership of the commission shall be filled for the unexpired term by
appointment by the governor.
The
members of the commission are immune from suit in an action, civil or criminal,
based on its disciplinary proceedings or other official acts performed in good
faith as members of the commission.
Whenever
the workload of the commission requires, the commission may request that the
secretary appoint pro tempore members of the commission. When serving, pro
tempore members of the commission have all of the powers, duties, and
immunities, and are entitled to all of the emoluments, including travel
expenses, of regularly appointed members of the commission.
Sec.
5. RCW
18.79.090 and 1994 sp.s. c 9 s 409 are each amended to read as follows:
Each
commission member shall be compensated in accordance with ((RCW 43.03.240))
section 1 of this act and shall be paid travel expenses when away from
home in accordance with RCW 43.03.050 and 43.03.060.
