2003 Legislation
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HOUSE BILL NO. 416 – Medicine Bd, legal assistance


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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
04/14    House intro - 1st rdg - to printing
04/15    Rpt prt - to W/M

Bill Text

  ||||              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
  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
  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.
  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 / Fiscal Impact

                       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.

            Name: Representative Debbie Field
                  Phone:     332-1127
      Representative Margaret Henbest
            Phone:     332-1130
      STATEMENT OF PURPOSE/FISCAL NOTE                            H 416