1998 Legislation
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HOUSE BILL NO. 661 – Medicine Bd, members, compensation


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 661

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 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


 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( h  n ), 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  rules    and regulations  and 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.


 1        (4)  Compensation.  Members  shall  be  compensated as provided by section
 2    59-509( h  n ), 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 which  interfers   interferes  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 the    A    a  dministrative
37          P   p rocedure s   A  a
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.


 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 the  M  m
26    edical   P    p  ractice  s      A
27      a  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


 1    thereafter  to  waive  the commencement of proceedings under this act or other
 2    provisions of the  M  m edical    P    p
 3    ractice   A  a 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 the  M  m  edical    P    p
 8    ractice    A  a ct or by rule  and regulation
 9     of 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 the  M  m
35    edical   P    p  ractice    A    a
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,   supsended      suspended
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,
46      supsension   suspension  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-


 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  procedure  s  act, 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 / Fiscal Impact


                           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 
                               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.
    Darleene Thorsted
    Idaho State Board of Medicine
    H 661