2002 Legislation
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HOUSE BILL NO. 576 – Medicine Bd, membership


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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
  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 / Fiscal Impact

                       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.

Name: Representative Margaret Henbest 
Phone: 208-332-1134