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H0576.................................................by HEALTH AND WELFARE
MEDICINE BOARD - MEMBERSHIP - Amends existing law to increase the number of
members on the Board of Medicine; to revise the nomination process and to
revise quorum requirements; and to provide for disqualification of members
where a conflict of interest or bias is present.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 55-4-11
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Harwood, Henbest, Jaquet, Jones, Kunz, Lake,
Loertscher, Mader, Martinez, Montgomery, Mortensen, Pearce, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith(33), Smylie, Stone, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- Campbell, Hadley, Hornbeck, McKague
Absent and excused -- Gould, Hammond, Higgins, Kellogg, Kendell,
Langford, Meyer, Moyle, Pischner, Smith(23), Stevenson
Floor Sponsor - Henbest
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 576
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF MEDICINE; AMENDING SECTION 54-1805, IDAHO CODE,
3 TO INCREASE THE NUMBER OF MEMBERS ON THE BOARD, TO REVISE TERMS, TO REVISE
4 THE NOMINATION PROCESS AND TO REVISE QUORUM REQUIREMENTS; AND AMENDING
5 SECTION 54-1806, IDAHO CODE, TO PROVIDE FOR DISQUALIFICATION OF MEMBERS
6 WHERE A CONFLICT OF INTEREST OR BIAS IS PRESENT.
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 twelve (102) members. The membership of the state
13 board of medicine as it exists on the effective date of this act is hereby
14 confirmed as members of the board for the terms to which they were originally
15 appointed.
16 (2) (a) The board shall consist of ten twelve (102) members. The director
17 of the Idaho state police shall be a member of the board. Seven Nine (79)
18 members shall be physicians who are residents of this state and engaged in
19 the active practice of medicine in this state, and two three (23) members
20 shall be public members.
21 (b) All appointments to the board shall be for four (4) years. No person
22 may be appointed for more than two (2) consecutive terms, nor be appointed
23 to serve more than eight (8) years consecutively on the board or committee
24 on professional discipline, or both.
25 (c) All physician appointments to the board shall be for six (6) year
26 terms. The physician members shall consist of six eight (68) members who
27 are licensed to practice medicine and surgery in this state and one (1)
28 member who is licensed to practice osteopathic medicine or osteopathic
29 medicine and surgery in this state. Whenever a term of a physician member
30 of the board who is licensed to practice medicine and surgery expires or
31 becomes vacant, any individual, organization, or group may nominate poten-
32 tial board appointees to the governor. Tthe Idaho respective medical asso-
33 ciations in Idaho shall be specifically requested to each nominate three
34 (3) persons licensed physicians in Idaho. to practice medicine and surgery
35 for each such vacancy, and forward such nominations to tThe governor who
36 shall appoint from among such nominees nominations received, one (1) per-
37 son physician to be a member of the board to fill such vacancy. Whenever a
38 term of the member of the board who is licensed to practice osteopathic
39 medicine or osteopathic medicine and surgery expires or becomes vacant,
40 the Idaho osteopathic association shall nominate three (3) persons
41 licensed to practice osteopathic medicine or osteopathic medicine and sur-
42 gery for such vacancy, and shall forward the nominations to the governor
43 who shall appoint from among such nominees one (1) person to be a member
2
1 of the board to fill such vacancy.
2 (cd) All public members shall be appointed by the governor for three (3)
3 year terms. Public members must reside in the state and be persons of
4 integrity and good reputation who have lived in this state for at least
5 five (5) years immediately preceding their appointment, who have never
6 been authorized to practice a healing art, and who have never had a sub-
7 stantial personal, business, professional, or pecuniary connection with a
8 healing art or with a medical education or health care facility, except as
9 patients or potential patients.
10 (3) Appointments to fill vacancies occurring from some other reason than
11 expiration of a term for which a member was appointed, shall be made in the
12 same manner as hereinabove set forth for the unexpired term. The governor may
13 remove any member of the board from the membership of the board, who is guilty
14 of malfeasance, misfeasance or nonfeasance.
15 (4) The board shall elect a chairman from its membership. The members of
16 the board except for state employees shall be compensated as provided by sec-
17 tion 59-509(n), Idaho Code. Five Seven (57) members of the board shall consti-
18 tute a quorum, and the board may act by virtue of a majority vote of members
19 present at a meeting.
20 SECTION 2. That Section 54-1806, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 54-1806. POWERS AND DUTIES. (1) The board shall have the authority to:
23 (1a) Hire or appoint employees, including an executive director, investi-
24 gators, attorneys, consultants and independent hearing examiners.
25 (2b) Establish pursuant to the administrative procedure act rules for
26 administration of this chapter, including rules governing all activities
27 of persons employed as physician's assistants by persons licensed to prac-
28 tice medicine in this state. The board shall adopt rules pursuant to the
29 administrative procedure act establishing procedures for the receipt of
30 complaints and for the investigation and disposition thereof. Such rules
31 shall provide for notice to a person when the board has authorized the
32 committee to investigate that person and shall provide an opportunity for
33 a person under investigation to meet with the committee or its staff
34 before the initiation of formal disciplinary proceedings by the board.
35 (3c) Conduct investigations and examinations and hold hearings as autho-
36 rized by this section and by section 54-1806A, Idaho Code.
37 (4d) The board shall have the power in any disciplinary proceeding pursu-
38 ant to this chapter to administer oaths, take depositions of witnesses
39 within or without the state in the manner consistent with rules adopted by
40 the board pursuant to the administrative procedure act, and upon a deter-
41 mination that there is good cause the board shall have power throughout
42 the state of Idaho to require the attendance of such witnesses and the
43 production of such books, records, and papers as it may deem appropriate
44 at any hearing. For that purpose the board may issue a subpoena for any
45 witnesses or a subpoena duces tecum to compel the production of any books,
46 records or papers, directed to the sheriff of any county of the state of
47 Idaho, where such witness resides, or may be found, which shall be served
48 and returned in the same manner as a subpoena in a criminal case is served
49 and returned. The fees and mileage of the witnesses shall be the same as
50 that allowed in the district courts in criminal cases, which fees and
51 mileage shall be paid from any funds in the state treasury in the same
52 manner as other expenses of the board are paid. In any case of disobedi-
53 ence to, or neglect of, any subpoena or subpoena duces tecum served upon
3
1 any person, or the refusal of any witness to testify to any matter regard-
2 ing which he may lawfully be interrogated, it shall be the duty of the
3 district court of any county in this state in which such disobedience,
4 neglect or refusal occurs, or any judge thereof, on application by the
5 board to compel compliance with the subpoena by proceedings for contempt
6 as in the case of disobedience of the requirements of a subpoena issued
7 from such court or for refusal to testify therein. The licensed person
8 accused in such proceedings shall have the same right of subpoena upon
9 making application to the board therefor.
10 (5e) Seek injunctive relief prohibiting the unlawful practice of medi-
11 cine.
12 (6f) Make and enter into contracts.
13 (7g) Operate, manage, superintend and control the licensure of physi-
14 cians.
15 (8h) Develop and submit a proposed budget setting forth the amount neces-
16 sary to perform its functions.
17 (9i) Perform such other duties as set forth in the laws of this state.
18 (10j) Provide such other services and perform such other functions as are
19 necessary to fulfill its responsibilities.
20 (11k) Provide for reasonable fees through rules for administrative costs
21 and assess costs reasonably and necessarily incurred in the enforcement of
22 this chapter when a licensee has been found to be in violation of this
23 chapter.
24 (12l) Prepare an annual report.
25 (2) Members shall disqualify themselves, and on motion of any interested
26 party may, on proper showing, be disqualified in any proceeding concerning
27 which they have an actual conflict of interest or bias which interferes with
28 their fair and impartial service.
STATEMENT OF PURPOSE
RS 11779C1
The purpose of this legislation is to amend previous legislation
to extend the members of the State Board of Medicine from ten to
twelve and to delineate the terms of service for board members.
It further states that conflict of interest requires
disqualification, either by self, or any interested party showing
proper cause.
FISCAL IMPACT
There is no impact to the general fund.
*
Contact
Name: Representative Margaret Henbest
Phone: 208-332-1134
STATEMENT OF PURPOSE/FISCAL NOTE H 576