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H0416.....................................................by WAYS AND MEANS
BOARD OF MEDICINE - Amends existing law to provide that the Board of
Medicine shall contract with the Attorney General's Office for legal
assistance; and to revise grounds for medical discipline by the Board of
Medicine.
04/14 House intro - 1st rdg - to printing
04/15 Rpt prt - to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 416
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF MEDICINE; AMENDING SECTION 54-1806, IDAHO CODE, TO
3 DELETE THE AUTHORITY OF THE BOARD OF MEDICINE TO HIRE ATTORNEYS AND TO
4 PROVIDE THAT THE BOARD SHALL CONTRACT WITH THE OFFICE OF THE ATTORNEY GEN-
5 ERAL FOR LEGAL ASSISTANCE; AND AMENDING SECTION 54-1814, IDAHO CODE, TO
6 REVISE GROUNDS FOR MEDICAL DISCIPLINE BY THE BOARD OF MEDICINE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-1806, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-1806. POWERS AND DUTIES. The board shall have the authority to:
11 (1) Hire or appoint employees, including an executive director, investi-
12 gators, attorneys, consultants and independent hearing examiners and to con-
13 tract with the office of the attorney general for legal assistance.
14 (2) Establish pursuant to the administrative procedure act rules for
15 administration of this chapter, including rules governing all activities of
16 persons employed as physician's assistants by persons licensed to practice
17 medicine in this state. The board shall adopt rules pursuant to the adminis-
18 trative procedure act establishing procedures for the receipt of complaints
19 and for the investigation and disposition thereof. Such rules shall provide
20 for notice to a person when the board has authorized the committee to investi-
21 gate that person and shall provide an opportunity for a person under investi-
22 gation to meet with the committee or its staff before the initiation of formal
23 disciplinary proceedings by the board.
24 (3) Conduct investigations and examinations and hold hearings as autho-
25 rized by this section and by section 54-1806A, Idaho Code.
26 (4) The board shall have the power in any disciplinary proceeding pursu-
27 ant to this chapter to administer oaths, take depositions of witnesses within
28 or without the state in the manner consistent with rules adopted by the board
29 pursuant to the administrative procedure act, and upon a determination that
30 there is good cause the board shall have power throughout the state of Idaho
31 to require the attendance of such witnesses and the production of such books,
32 records, and papers as it may deem appropriate at any hearing. For that pur-
33 pose the board may issue a subpoena for any witnesses or a subpoena duces te-
34 cum to compel the production of any books, records or papers, directed to the
35 sheriff of any county of the state of Idaho, where such witness resides, or
36 may be found, which shall be served and returned in the same manner as a sub-
37 poena in a criminal case is served and returned. The fees and mileage of the
38 witnesses shall be the same as that allowed in the district courts in criminal
39 cases, which fees and mileage shall be paid from any funds in the state trea-
40 sury in the same manner as other expenses of the board are paid. In any case
41 of disobedience to, or neglect of, any subpoena or subpoena duces tecum served
42 upon any person, or the refusal of any witness to testify to any matter
43 regarding which he may lawfully be interrogated, it shall be the duty of the
2
1 district court of any county in this state in which such disobedience, neglect
2 or refusal occurs, or any judge thereof, on application by the board to compel
3 compliance with the subpoena by proceedings for contempt as in the case of
4 disobedience of the requirements of a subpoena issued from such court or for
5 refusal to testify therein. The licensed person accused in such proceedings
6 shall have the same right of subpoena upon making application to the board
7 therefor.
8 (5) Seek injunctive relief prohibiting the unlawful practice of medicine.
9 (6) Make and enter into contracts.
10 (7) Operate, manage, superintend and control the licensure of physicians.
11 (8) Develop and submit a proposed budget setting forth the amount neces-
12 sary to perform its functions.
13 (9) Perform such other duties as set forth in the laws of this state.
14 (10) Provide such other services and perform such other functions as are
15 necessary to fulfill its responsibilities.
16 (11) Provide for reasonable fees through rules for administrative costs
17 and assess costs reasonably and necessarily incurred in the enforcement of
18 this chapter when a licensee has been found to be in violation of this chap-
19 ter.
20 (12) Prepare an annual report.
21 SECTION 2. That Section 54-1814, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-1814. GROUNDS FOR MEDICAL DISCIPLINE. Every person licensed to prac-
24 tice medicine, licensed to practice as a physician assistant or registered as
25 an extern, intern or resident in this state is subject to discipline by the
26 board pursuant to the procedures set forth in this chapter and rules promul-
27 gated pursuant thereto upon any of the following grounds:
28 (1) Conviction of a felony, or a crime involving moral turpitude, or the
29 entering of a plea of guilty or the finding of guilt by a jury or court of
30 commission of a felony or a crime involving moral turpitude.
31 (2) Use of false, fraudulent or forged statements or documents, diplomas
32 or credentials in connection with any licensing or other requirements of this
33 act.
34 (3) Practicing medicine under a false or assumed name in this or any
35 other state.
36 (4) Advertising the practice of medicine in any unethical or unprofes-
37 sional manner.
38 (5) Knowingly aiding or abetting any person to practice medicine who is
39 not authorized to practice medicine as provided in this chapter.
40 (6) Performing or procuring an unlawful abortion or aiding or abetting
41 the performing or procuring of an unlawful abortion.
42 (7) The provision of health care which fails to meet the standard of
43 health care provided by other qualified physicians in the same community or
44 similar communities, taking into account his training, experience and the
45 degree of expertise to which he holds himself out to the public Engaging in
46 conduct which is incompetence, negligence, or malpractice which results in
47 injury to a patient or which creates an unreasonable risk that a patient may
48 be harmed. The use of a nontraditional treatment by itself shall not consti-
49 tute unprofessional conduct, provided that it does not result in injury to a
50 patient or create an unreasonable risk that a patient may be harmed.
51 (8) Division of fees or gifts or agreement to split or divide fees or
52 gifts received for professional services with any person, institution or cor-
53 poration in exchange for referral.
3
1 (9) Giving or receiving or aiding or abetting the giving or receiving of
2 rebates, either directly or indirectly.
3 (10) Inability to obtain or renew a license to practice medicine, or revo-
4 cation of, or suspension of a license to practice medicine by any other state,
5 territory, district of the United States or Canada, unless it can be shown
6 that such action was not related to the competence of the person to practice
7 medicine or to any conduct designated herein.
8 (11) Prescribing or furnishing narcotic or hallucinogenic drugs to
9 addicted persons to maintain their addictions and level of usage without
10 attempting to treat the primary condition requiring the use of narcotics.
11 (12) Prescribing or furnishing narcotic, hypnotic, hallucinogenic, stimu-
12 lating or dangerous drugs for other than treatment of any disease, injury or
13 medical condition.
14 (13) Failure to safeguard the confidentiality of medical records or other
15 medical information pertaining to identifiable patients, except as required or
16 authorized by law.
17 (14) The direct promotion by a physician of the sale of drugs, devices,
18 appliances or goods to a patient that are unnecessary and not medically indi-
19 cated.
20 (15) Abandonment of a patient.
21 (16) Willfully and intentionally representing that a manifestly incurable
22 disease or injury or other manifestly incurable condition can be permanently
23 cured.
24 (17) Failure to supervise the activities of externs, interns, residents,
25 nurse practitioners, certified nurse-midwives, clinical nurse specialists, or
26 physician assistants.
27 (18) Practicing medicine when a license pursuant to this chapter is sus-
28 pended, revoked or inactive.
29 (19) Practicing medicine in violation of a voluntary restriction or terms
30 of probation pursuant to this chapter.
31 (20) Refusing to divulge to the board upon demand the means, method,
32 device or instrumentality used in the treatment of a disease, injury, ailment,
33 or infirmity.
34 (21) Commission of any act constituting a felony or commission of any act
35 constituting a crime involving moral turpitude.
36 (22) Engaging in any conduct which constitutes an abuse or exploitation of
37 a patient arising out of the trust and confidence placed in the physician by
38 the patient.
STATEMENT OF PURPOSE
RS 13287
The purpose of this legislation requires the Board of Medicine to
contract with the Office of the Attorney General for legal assistance.
It also redefines the grounds for medical discipline stating that a
doctor, intern, physician or person licensed to practice medicine who is
incompetent, commits negligence or malpractice that results in injury to
a patient is subject to disciplinary action. It goes on to state that
non-traditional treatment is not constituted as unprofessional
misconduct if the patient is not harmed or subject to unreasonable risk.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Representative Debbie Field
Phone: 332-1127
Representative Margaret Henbest
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 416