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H0661.................................................by HEALTH AND WELFARE
MEDICINE BOARD - Amends existing law to change the compensation of members
of the State Board of Medicine and the Board of Professional Discipline.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black(23), Crow, Stone, Stubbs, Mr Speaker
Floor Sponsor - Black(15)
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hawkins
Floor Sponsor - Ipsen
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/16 Pres signed
03/16 To Governor
03/17 Governor signed
Session Law Chapter 39
Effective: 07/01/98
H0661|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 661 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PHYSICIANS AND SURGEONS; AMENDING SECTION 54-1805, IDAHO CODE, TO 3 CHANGE THE COMPENSATION OF MEMBERS OF THE STATE BOARD OF MEDICINE; AND 4 AMENDING SECTION 54-1806A, IDAHO CODE, TO CHANGE THE COMPENSATION FOR MEM- 5 BERS OF THE BOARD OF PROFESSIONAL DISCIPLINE AND TO MAKE TECHNICAL CORREC- 6 TIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-1805, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-1805. THE STATE BOARD OF MEDICINE ESTABLISHED. (1) There is hereby 11 established in the department of self-governing agencies a state board of med- 12 icine to be composed of ten (10) members. The membership of the state board of 13 medicine as it exists on the effective date of this act is hereby confirmed as 14 members of the board for the terms to which they were originally appointed. 15 (2) (a) The board shall consist of ten (10) members. The director of the 16 department of law enforcement shall be a member of the board. Seven (7) 17 members shall be physicians who are residents of this state and engaged in 18 the active practice of medicine in this state, and two (2) members shall 19 be public members. 20 (b) All physician appointments to the board shall be for six (6) year 21 terms. The physician members shall consist of six (6) members who are 22 licensed to practice medicine and surgery in this state and one (1) member 23 who is licensed to practice osteopathic medicine or osteopathic medicine 24 and surgery in this state. Whenever a term of a member of the board who is 25 licensed to practice medicine and surgery expires or becomes vacant, the 26 Idaho medical association shall nominate three (3) persons licensed to 27 practice medicine and surgery for each such vacancy, and forward such nom- 28 inations to the governor who shall appoint from among such nominees, one 29 (1) person to be a member of the board to fill such vacancy. Whenever a 30 term of the member of the board who is licensed to practice osteopathic 31 medicine or osteopathic medicine and surgery expires or becomes vacant, 32 the Idaho osteopathic association shall nominate three (3) persons 33 licensed to practice osteopathic medicine or osteopathic medicine and sur- 34 gery for such vacancy, and shall forward the nominations to the governor 35 who shall appoint from among such nominees one (1) person to be a member 36 of the board to fill such vacancy. 37 (c) All public members shall be appointed by the governor for three (3) 38 year terms. Public members must reside in the state and be persons of 39 integrity and good reputation who have lived in this state for at least 40 five (5) years immediately preceding their appointment, who have never 41 been authorized to practice a healing art, and who have never had a sub- 42 stantial personal, business, professional, or pecuniary connection with a 43 healing art or with a medical education or health care facility, except as 2 1 patients or potential patients. 2 (3) Appointments to fill vacancies occurring from some other reason than 3 expiration of a term for which a member was appointed, shall be made in the 4 same manner as hereinabove set forth for the unexpired term. The governor may 5 remove any member of the board from the membership of the board, who is guilty 6 of malfeasance, misfeasance or nonfeasance. 7 (4) The board shall elect a chairman from its membership. The members of 8 the board except for state employees shall be compensated as provided by sec- 9 tion 59-509(hn ), Idaho Code. Five (5) members of the 10 board shall constitute a quorum, and the board may act by virtue of a majority 11 vote of members present at a meeting. 12 SECTION 2. That Section 54-1806A, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-1806A. MEDICAL DISCIPLINARY ENFORCEMENT. The board of medicine is 15 authorized to create a board of professional discipline and to delegate to it 16 its role and authority in the enforcement and supervision of professional dis- 17 ciplinary enforcement under this chapter and particularly under sections 18 54-1810 and 54-1814, Idaho Code, including without limitation the power to 19 make rulesand regulationsand to provide forms and procedures 20 therefor, to the full extent that the board of medicine is authorized or 21 empowered to act; such board of professional discipline, however, shall not 22 act or be authorized to act in connection with licensing of applicants, except 23 as respects proceedings for reinstatement following voluntary surrender of 24 license while under investigation or prosecution for conduct allegedly 25 improper, or following restriction, suspension or revocation of license in the 26 state of Idaho or under any other duly constituted medical licensing authority 27 of any other state or territory of the United States or of any other nation. 28 By its order therefor, the state board of medicine shall provide as follows 29 respecting a board of professional discipline created under this chapter: 30 (1) Membership. Said board shall consist of five (5) members appointed 31 by the board of medicine. Initially, it shall consist of two (2) members 32 licensed to practice medicine and surgery in the state of Idaho, whose terms 33 shall expire midnight, June 30, 1979; and two (2) members licensed to practice 34 medicine and surgery in the state of Idaho, whose terms shall expire midnight, 35 June 30, 1978, and one (1) member who is an adult Idaho citizen of good char- 36 acter and reputation who shall not be licensed to practice medicine and sur- 37 gery in the state of Idaho, whose term shall expire midnight , 38 June 30, 1977. Subsequent terms of all members appointed shall be for three 39 (3) years so that there shall be a rotation of membership of a portion of the 40 said board, each year; provided, the board of medicine may, in its discretion, 41 reappoint members and may but need not appoint members of the board of medi- 42 cine itself to any or all of the positions of membership upon said board ini- 43 tially and/or from time to time as vacancies occur. Subsequent appointees to 44 the board shall have the qualifications required of the original appointees. 45 (2) Chairman. The board of medicine shall designate one (1) member of 46 the board of professional discipline as its chairman, and he shall serve and 47 function in that capacity for one (1) year or until his successor is duly 48 appointed, whichever is later. 49 (3) Quorum. Three (3) members shall constitute a quorum though no meet- 50 ing of said board shall be held without reasonable prior notice of at least 51 three (3) days to all members, which notice may be given by the chairman or 52 any three (3) members. Notice may be waived unanimously; otherwise, it shall 53 be in writing and state the time, place and purpose of the meeting. 3 1 (4) Compensation. Members shall be compensated as provided by section 2 59-509(hn ), Idaho Code, from the state board of med- 3 icine fund for expenses incurred in the course of serving on said board or 4 acting on its behalf. 5 (5) Conflicts and Disqualification. Members shall disqualify themselves 6 and, on motion of any interested party may, on proper showing, be disqualified 7 in any proceeding concerning which they have an actual conflict of interest or 8 bias whichinterfersinterferes with their fair and 9 impartial service. 10 (6) Additional Powers of Board of Professional Discipline. In addition 11 to its other powers, the board of professional discipline shall be empowered 12 and authorized: 13 (a) To initiate or commence proceedings, studies or investigations on its 14 own motion and initiative or to proceed on the request or complaint of any 15 person, whether formally or informally stated and whether or not verified; 16 provided, it may impose reasonable requirements respecting the form, con- 17 tent and sufficiency of complaints invoking its jurisdiction. 18 (b) To investigate or inquire into misconduct or unprofessional behavior, 19 whether real, apparent or merely suspected; and take such action with 20 respect thereto as it deems best in the interest of the public and jus- 21 tice. 22 (c) To retain and appoint staff to administer, process and assist in the 23 work assigned it under this chapter or by the board of medicine, includ- 24 ing, as deemed appropriate, legal counsel to assist in presentation of 25 matters before it and/or to advise it on matters of law. 26 (d) To appoint hearing committees to take evidence, conduct hearings and 27 make recommended findings and conclusions to it in any matter or proceed- 28 ing assigned to the committee, which hearing committees shall be of such 29 number and size as the disciplinary board directs composed of licensed 30 physicians resident and licensed to practice medicine and surgery in 31 Idaho, who shall serve without pay and for such term as the board may 32 specify, not to exceed one (1) year or during the pendency of any matters 33 referred to it, whichever is longer. Proceedings before such committees, 34 and before said board, except as otherwise provided or may be inconsistent 35 with the clear intent or conflicting specific provisions of this act, 36 shall be as provided by theAa dministrative 37Pp roceduresAa 38 ct, chapter 52, title 67, Idaho Code; provided, there shall be no 39 hearings de novo on appellate review as a matter of right. 40 (e) To make findings respecting matters coming before it or before any 41 hearing committee or authorized hearing officer acting on its behalf, and 42 to make conclusions and enter orders dispositive of such proceedings, 43 including, without limitation, disciplinary orders as provided in and by 44 the Idaho Code respecting misconduct or other grounds for discipline 45 respecting any licensed physician and surgeon licensed to practice medi- 46 cine and surgery in the state of Idaho, which authority shall, for good 47 cause shown, include the power to suspend, restrict, condition, limit or 48 revoke the license or present or future right or privilege to practice 49 medicine of any physician, surgeon or other person licensed or purporting 50 to be qualified or authorized to practice medicine and surgery in the 51 state of Idaho. 52 (f) To reprimand by informal admonition any licensed physician and sur- 53 geon respecting any matter it finds is minor misconduct. Such reprimand 54 shall be subject to disclosure according to chapter 3, title 9, Idaho 55 Code. 4 1 (g) To accept the resignation and surrender of license of any physician 2 and surgeon under investigation or prosecution who tenders the same, and 3 to impose terms and conditions in connection therewith as it may deem 4 appropriate in the best interest of the public and of justice. 5 (h) To order, for good cause, nondisciplinary suspension or transfer to 6 inactive status of any licensed physician and surgeon incapacitated by 7 illness, senility, disability, or addiction to drugs, intoxicants or other 8 chemical or like substances, and to provide terms and conditions therefor, 9 including provisions and conditions controlling reinstatement and any 10 request therefor; provided, this subparagraph shall not be construed to 11 amend or repeal specific legislation expressly dealing with disabled phy- 12 sicians whether heretofore or hereafter enacted by the legislature of the 13 state of Idaho but rather shall be construed as complementary thereto. 14 (i) To provide by order in general and/or in particular for reciprocal 15 discipline in cases involving the discipline of a licensed physician and 16 surgeon disciplined in any other jurisdiction, provided that such licensee 17 or applicant shall be entitled on due motion and notice to appear and show 18 cause why such order should not apply in his or her case. 19 (j) To provide for and conduct informal proceedings and to provide rules 20 and practices to encourage fair and expeditious disposition of business, 21 complaints and matters properly coming before it. 22 (7) Substitution of Board of Professional Discipline in Matters of Disci- 23 pline and Self-Policing. From and after the effective date of the board of 24 medicine creating and establishing the board of professional discipline, ref- 25 erences in the laws of the state of Idaho, including theMm 26 edicalPp racticesA27a ct, this chapter and the Idaho Code in general, to the 28 board shall, when concerned with matters of self-policing or professional dis- 29 cipline within the medical profession, be deemed and construed to be refer- 30 ences to the board of professional discipline. 31 (8) Openness. Except as specifically otherwise ordered in the interest 32 of justice or the public health, hearings and proceedings before the board of 33 professional discipline shall be open in all cases in which the board has 34 determined that there is probable cause to proceed to formal hearing; pro- 35 vided, as respects reprimands for minor misconduct, proceedings shall be sub- 36 ject to disclosure according to chapter 3, title 9, Idaho Code, unless the 37 respondent physician in writing rejects the reprimand within ten (10) days of 38 the order providing therefor, in which cases said matters shall promptly be 39 set for hearing and such proceedings and hearings thereafter shall be public 40 and open unless, as hereinabove authorized, the board for good cause otherwise 41 orders and directs. Determination that there is probable cause to proceed may 42 be made informally by the chairman and also by written expression of a major- 43 ity of the members of the board of professional discipline. The determination 44 that there is not probable cause to proceed shall be made in writing and a 45 copy forwarded to such person whose complaint may have initiated or commenced 46 the proceedings, which person shall have standing to request en banc review of 47 such determination by the entire committee which shall have jurisdiction to 48 reverse or affirm such determination as in its discretion it deems in the 49 interest of justice and the public health. 50 (9) Voluntary Restriction of Licensure. A physician may request in writ- 51 ing to the board of professional discipline a restriction of his license to 52 practice medicine and the board is authorized to grant such request and, if it 53 deems it appropriate to do so, it is granted the authority in such cases to 54 attach conditions to the licensure of the physician to practice medicine 55 within specified limitations. The board is also authorized in such cases 5 1 thereafter to waive the commencement of proceedings under this act or other 2 provisions of theMm edicalPp 3 racticeAa ct if in the interest of justice it 4 determines that such voluntary proceedings have rendered the same unnecessary. 5 Removal of a voluntary restriction on or suspension of licensure to practice 6 medicine shall be subject to the procedures for reinstatement elsewhere in 7 this act, in theMm edicalPp 8 racticeAa ct or by ruleand regulation9of the board of professional discipline provided; also, such reinstate- 10 ments may be subject to further conditions specially imposed in the individual 11 case as a condition of the order entered therein. 12 (10) Adjudication of Discipline or Exoneration. At the conclusion of the 13 proceedings the board of professional discipline shall make a determination of 14 the merits and, if grounds therefor are found to exist, may issue its order: 15 (a) Revoking the respondent physician's license to practice medicine; 16 (b) Suspending or restricting the respondent physician's license to prac- 17 tice medicine; 18 (c) Imposing conditions or probation upon the respondent physician and 19 requiring rehabilitation planning, commitment and conditions upon such 20 respondent physician's licensure; 21 (d) Imposing an administrative fine not to exceed ten thousand dollars 22 ($10,000) for each count or offense; and/or 23 (e) Assessing costs and attorney's fees against the respondent physician 24 for any investigation and/or administrative proceeding. 25 If grounds for any of the foregoing are not found to exist, the board shall 26 enter its order so stating and dismissing the proceedings and shall provide 27 the respondent and, if there be one, the complainant or petitioner in the pro- 28 ceedings a true copy thereof. 29 (11) Temporary Suspension or Restriction Pending Final Order. The board 30 of professional discipline may temporarily suspend or restrict the license of 31 any physician or enter an appropriate order of temporary probation, ex parte, 32 on its own motion or on verified petition of any person, pending further or 33 final order, without prior hearing, simultaneously with or at any time after 34 the institution of proceedings under this chapter or theMm 35 edicalPp racticeAa 36 ct, but only if it first finds, on the basis of a responsible showing 37 which satisfactorily demonstrates that the physician in his capacity as such 38 and for reasons set forth by petition, affidavit, or other verified showing, 39 or determined by it in reliance upon other reliable proof, is causing great 40 harm to the public or to any patient or group of patients, or is imminently 41 likely to cause such harm, for which reason he or she and his or her license 42 to practice medicine should be immediately suspended or restricted or he or 43 she should be specially controlled,supsendedsuspended 44 in or restricted from the practice of medicine. In such cases, the 45 board may summarily, and ex parte, order temporary conditions of probation, 46supsensionsuspension or restriction of said physi- 47 cian and his or her license and authority to practice medicine in the state of 48 Idaho, pending further or final order in the proceedings. Thereafter the phy- 49 sician may, for good cause, request dissolution or amendment of any such tem- 50 porary order by petition filed with the board of professional discipline, 51 which petition shall be set for prompt hearing before said board or, if neces- 52 sary and if requested by the affected respondent physician in the interest of 53 early consideration, before a designated hearing officer or special committee 54 appointed by the board for that purpose, which officer or committee shall 55 forthwith hear said matter and report to the board its report and recommenda- 6 1 tions. The board, consistent with due process, shall rule on such petition for 2 dissolution or amendment with the least amount of delay reasonably possible. 3 Neither the record of the proceeding nor any order entered therein may be used 4 against the respondent physician in any other legal proceeding except upon 5 judicial review as provided elsewhere herein. 6 (12) Judicial Review. All final decisions by the board of professional 7 discipline shall be subject to judicial review pursuant to the procedures of 8 the administrative proceduresact, chapter 52, title 67, Idaho 9 Code. 10 (13) Protected Action and Communication. There shall be no liability on 11 the part of and no action for damages against: 12 (a) Any member of the board of professional discipline or the staff or 13 officials thereof for any action undertaken or performed within the scope 14 of the functions of said board or this chapter; or 15 (b) Any person providing information or testimony to the said board or 16 its staff or officials.
STATEMENT OF PURPOSE
RS 07973
The purpose of this legislation is to change the method of
compensating Board Members so they are not considered to be State
employees.
FISCAL NOTE
The change in the method of compensating the Board Members may
actually reduce the fiscal impact to the State since Board Members
would no longer be considered State employees and would no longer
participate in the Public Employer Retirement System.
CONTACT:
Name:
Agency:
Telephone:
Darleene Thorsted
Idaho State Board of Medicine
334-2822
STATEMENT OF PURPOSE/ FISCAL NOTE
H 661