BILL REQ. #:  H-5291.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to health care licensing and disciplinary boards and commissions; amending RCW 18.71.0191, 18.64.310, 18.79.130, 43.70.240, and 43.70.250; adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.25 RCW; adding a new section to chapter 18.30 RCW; adding a new section to chapter 18.32 RCW; adding a new section to chapter 18.35 RCW; adding a new section to chapter 18.52 RCW; adding a new section to chapter 18.54 RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.59 RCW; adding a new section to chapter 18.74 RCW; adding a new section to chapter 18.83 RCW; adding a new section to chapter 18.92 RCW; and adding a new section to chapter 18.108 RCW.

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

Sec. 1   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 ((appoint, from a list of three names supplied by the commission,)) employ an executive director ((who shall act to carry out the provisions of this chapter. The secretary shall 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)), hired by the commission and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

Sec. 2   RCW 18.64.310 and 1996 c 191 s 49 are each amended to read as follows:
     The department shall:
     (1) Establish reasonable license and examination fees and fees for services to other agencies in accordance with RCW 43.70.250 and 43.70.280. In cases where there are unanticipated demands for services, the department may request payment for services directly from the agencies for whom the services are performed, to the extent that revenues or other funds are available. Drug-related investigations regarding licensed health care practitioners shall be funded by an appropriation to the department from the health professions account. The payment may be made on either an advance or a reimbursable basis as approved by the director of financial management;
     (2) Employ((, with confirmation by the board,)) an executive ((officer)) director, ((who shall be exempt from the provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in Washington, and employ inspectors, investigators, chemists, and other persons as necessary to assist it for any purpose which it may deem necessary)) hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter;
     (3) Investigate and prosecute, at the direction of the board, including use of subpoena powers, violations of law or regulations under its jurisdiction or the jurisdiction of the board of pharmacy;
     (4) Make, at the direction of the board, inspections and investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held, compounded, dispensed, sold, or administered to the ultimate consumer, to take and analyze any drugs or devices and to seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law. The written operating agreement between the department and the board, as required by RCW 43.70.240 shall include provisions for the department to involve the board in carrying out its duties required by this section.

Sec. 3   RCW 18.79.130 and 1994 sp.s. c 9 s 413 are each amended to read as follows:
     The secretary shall ((appoint, after consultation with the commission,)) employ an executive director ((who shall act to carry out this chapter. The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the compensation and provide for travel expenses for the executive director and all such employees, in accordance with RCW 43.03.050 and 43.03.060)), hired by the commission and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

Sec. 4   RCW 43.70.240 and 1998 c 245 s 73 are each amended to read as follows:
     (1) The secretary and each of the professional licensing and disciplinary boards ((under the administration of the department shall enter into written operating agreements on administrative procedures with input from the regulated profession and the public. The intent of these agreements is to provide a process for the department to consult each board on administrative matters and to ensure that the administration and staff functions effectively enable each board)) and commissions shall enter into written joint operating agreements that detail the budgetary, staffing, administrative, and other licensing and disciplinary support that the department will provide each board and commission. The intent of these agreements is to provide a legal framework for ensuring that each board and commission is provided with adequate administrative and staff support from the department to effectively enable the board or commission to fulfill its statutory responsibilities.
     (2) The joint agreements shall include, but are not ((be)) limited to, the following provisions:
     (((1) Administrative activities supporting the board's policies, goals, and objectives;
     (2) Development and review of the agency budget as it relates to the board; and
     (3) Board related personnel issues.
     The agreements shall be reviewed and revised in like manner if appropriate at the beginning of each fiscal year, and at other times upon written request by the secretary or the board.))
     (a) With regard to the independent executive director:
     (i) That the executive director is hired by and serves at the pleasure of the board or commission;
     (ii) Each board or commission, depending on their budget, scope of duties expected of its executive director, and other considerations, may reach agreement with another board or commission to hire and share the services of the same executive director, or, in the alternative, reach an agreement with the secretary to perform the duties of the executive director;
     (iii) That the position is exempt from the provisions of the civil service law, chapter 41.06 RCW, and the executive director's salary is established by the board or commission;
     (iv) That the executive director is responsible for hiring, evaluating, dismissing, disciplining, and directing department of health professional, clerical, technical, investigative, legal, and administrative personnel necessary to carry on the work of the board or commission; and
     (v) That the executive director handles all administrative duties of the board or commission, including preparing an annual budget, and any other duties so delegated to the executive director by the board or commission.
     (b) With regard to an annual budget:
     (i) The board or commission is responsible for proposing its own biennial budget;
     (ii) The secretary must forward the budgets proposed by the board or commission to the office of financial management; and
     (iii) Prior to adopting licensing and registration fees under RCW 43.70.250, the secretary shall work with the boards and commissions to determine the appropriate fees for the individual profession.
     (c) With regard to rules and guidelines: Prior to the secretary exercising the secretary's authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplining authority of a board or commission, the secretary shall first meet with the board or commission to determine how those rules or guidelines, or changes to rules or guidelines, might impact the board or commission's ability to effectively carry out its statutory duties. If the board or commission, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the board's or commission's ability to effectively carry out its statutory duties, then the individual board or commission shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in (e) of this subsection.
     (d) With regard to performance measurements: Annually, each board and commission in consultation with the secretary shall set performance-based goals for the upcoming year.
     (e) With regard to dispute resolution: In the event there is a disagreement between a board or commission and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute.
     (f) With regard to an annual review: Joint agreements must be reviewed annually in June. The parties are required to have an agreement on proposed changes, if any, in place by July 1st of that year. If the parties fail to reach an agreement by July 1st, a mediator must be brought in to resolve the dispute as set forth in (e) of this subsection. Until such time as the dispute is resolved, the terms of the current agreement remain in effect.

Sec. 5   RCW 43.70.250 and 2006 c 72 s 4 are each amended to read as follows:
     (1) It shall be the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. The secretary shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations, or businesses administered by the department. In fixing said fees, the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program and the cost of regulating licensed volunteer medical workers in accordance with RCW 18.130.360, except as provided in RCW 18.79.202 until June 30, 2013. All such fees shall be fixed by rule adopted by the secretary in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
     (2) By September of each year, the secretary shall provide each of the health professions boards and commissions a detailed accounting of how the fees collected from each of the boards and commissions deposited into the health professions account was used to support that particular profession's program.

NEW SECTION.  Sec. 6   A new section is added to chapter 18.22 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 7   A new section is added to chapter 18.25 RCW to read as follows:
     The secretary shall employ an executive director hired by the commission and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the commission, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 8   A new section is added to chapter 18.30 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 9   A new section is added to chapter 18.32 RCW to read as follows:
     The secretary shall employ an executive director hired by the commission and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the commission, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 10   A new section is added to chapter 18.35 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 11   A new section is added to chapter 18.52 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 12   A new section is added to chapter 18.54 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 13   A new section is added to chapter 18.57 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 14   A new section is added to chapter 18.59 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 15   A new section is added to chapter 18.74 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 16   A new section is added to chapter 18.83 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 17   A new section is added to chapter 18.92 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.

NEW SECTION.  Sec. 18   A new section is added to chapter 18.108 RCW to read as follows:
     The secretary shall employ an executive director hired by the board and serving in accordance with RCW 43.70.240. The executive director shall perform all of the duties specified in RCW 43.70.240 and assist the board, as directed, in carrying out its responsibilities under this chapter.