RCW 18.32.765
Pilot project -- Commission -- Authority over
budget. (Effective until January 1, 2012.)
(1) The commission
may conduct a pilot project to evaluate the effect of granting
the commission additional authority over budget development,
spending, and staffing. If the commission intends to conduct a
pilot project, it must provide a notice in writing to the
secretary by June 1, 2008. If the commission chooses to conduct
a pilot project, the pilot project shall begin on July 1, 2008,
and conclude on June 30, 2013.
(2) The pilot project shall include the following
provisions:
(a) That the secretary shall employ an executive director
that is:
(i) Hired by and serves at the pleasure of the commission;
(ii) Exempt from the provisions of the civil service law,
chapter 41.06 RCW and whose salary is established by the
commission in accordance with RCW 43.03.028 and *42.17.370; and
(iii) Responsible for performing all administrative duties
of the commission, including preparing an annual budget, and any
other duties as delegated to the executive director by the
commission;
(b) Consistent with the budgeting and accounting act:
(i) With regard to budget for the remainder of the 2007-2009
biennium, the commission has authority to spend the remaining
funds allocated with respect to its professions, dentists
licensed under this chapter and expanded function dental
auxiliaries and dental assistants regulated under chapter 18.260 RCW; and
(ii) Beginning with the 2009-2011 biennium, the commission
is responsible for proposing its own biennial budget which the
secretary must submit to the office of financial management;
(c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commission to
determine the appropriate fees necessary to support the
activities of the commission;
(d) That, prior to the secretary exercising the secretary's
authority to adopt uniform rules and guidelines, or any other
actions that might impact the licensing or disciplinary authority
of the commission, the secretary shall first meet with the
commission to determine how those rules or guidelines, or changes
to rules or guidelines, might impact the commission's ability to
effectively carry out its statutory duties. If the commission,
in consultation with the secretary, determines that the proposed
rules or guidelines, or changes to existing rules or guidelines,
will negatively impact the commission's ability to effectively
carry out its statutory duties, then the individual commission
shall collaborate with the secretary to develop alternative
solutions to mitigate the impacts. If an alternative solution
cannot be reached, the parties may resolve the dispute through a
mediator as set forth in (f) of this subsection;
(e) That the commission shall negotiate with the secretary
to develop performance-based expectations, including
identification of key performance measures. The performance
expectations should focus on consistent, timely regulation of
health care professionals; and
(f) That in the event there is a disagreement between the
commission and the secretary, that is unable to be resolved
through negotiation, a representative of both parties shall agree
on the designation of a third party to mediate the dispute.
(3) By December 15, 2013, the secretary, the commission, and
the other commissions conducting similar pilot projects under RCW 18.71.430, 18.79.390, and 18.25.210, shall report to the governor
and the legislature on the results of the pilot project. The
report shall:
(a) Compare the effectiveness of licensing and disciplinary
activities of each commission during the pilot project with the
licensing and disciplinary activities of the commission prior to
the pilot project and the disciplinary activities of other
disciplining authorities during the same time period as the pilot
project;
(b) Compare the efficiency of each commission with respect
to the timeliness and personnel resources during the pilot
project to the efficiency of the commission prior to the pilot
project and the efficiency of other disciplining authorities
during the same period as the pilot project;
(c) Compare the budgetary activity of each commission during
the pilot project to the budgetary activity of the commission
prior to the pilot project and to the budgetary activity of other
disciplining authorities during the same period as the pilot
project;
(d) Evaluate each commission's regulatory activities,
including timelines, consistency of decision making, and
performance levels in comparison to other disciplining
authorities; and
(e) Review summaries of national research and data regarding
regulatory effectiveness and patient safety.
(4) The secretary shall employ staff that are hired and
managed by the executive director provided that nothing contained
in this section may be construed to alter any existing collective
bargaining unit or the provisions of any existing collective
bargaining agreement.
[2008 c 134 § 32.]
NOTES:
*Reviser's note: RCW 42.17.370 was recodified as RCW 42.17A.110 pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Finding -- Intent -- Severability -- 2008 c 134: See notes following RCW 18.130.020.
RCW 18.32.765
Pilot project -- Commission -- Authority over
budget. (Effective January 1, 2012.)
(1) The commission may
conduct a pilot project to evaluate the effect of granting the
commission additional authority over budget development,
spending, and staffing. If the commission intends to conduct a
pilot project, it must provide a notice in writing to the
secretary by June 1, 2008. If the commission chooses to conduct
a pilot project, the pilot project shall begin on July 1, 2008,
and conclude on June 30, 2013.
(2) The pilot project shall include the following
provisions:
(a) That the secretary shall employ an executive director
that is:
(i) Hired by and serves at the pleasure of the commission;
(ii) Exempt from the provisions of the civil service law,
chapter 41.06 RCW and whose salary is established by the
commission in accordance with RCW 43.03.028; and
(iii) Responsible for performing all administrative duties
of the commission, including preparing an annual budget, and any
other duties as delegated to the executive director by the
commission;
(b) Consistent with the budgeting and accounting act:
(i) With regard to budget for the remainder of the 2007-2009
biennium, the commission has authority to spend the remaining
funds allocated with respect to its professions, dentists
licensed under this chapter and expanded function dental
auxiliaries and dental assistants regulated under chapter 18.260 RCW; and
(ii) Beginning with the 2009-2011 biennium, the commission
is responsible for proposing its own biennial budget which the
secretary must submit to the office of financial management;
(c) That, prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the commission to
determine the appropriate fees necessary to support the
activities of the commission;
(d) That, prior to the secretary exercising the secretary's
authority to adopt uniform rules and guidelines, or any other
actions that might impact the licensing or disciplinary authority
of the commission, the secretary shall first meet with the
commission to determine how those rules or guidelines, or changes
to rules or guidelines, might impact the commission's ability to
effectively carry out its statutory duties. If the commission,
in consultation with the secretary, determines that the proposed
rules or guidelines, or changes to existing rules or guidelines,
will negatively impact the commission's ability to effectively
carry out its statutory duties, then the individual commission
shall collaborate with the secretary to develop alternative
solutions to mitigate the impacts. If an alternative solution
cannot be reached, the parties may resolve the dispute through a
mediator as set forth in (f) of this subsection;
(e) That the commission shall negotiate with the secretary
to develop performance-based expectations, including
identification of key performance measures. The performance
expectations should focus on consistent, timely regulation of
health care professionals; and
(f) That in the event there is a disagreement between the
commission and the secretary, that is unable to be resolved
through negotiation, a representative of both parties shall agree
on the designation of a third party to mediate the dispute.
(3) By December 15, 2013, the secretary, the commission, and
the other commissions conducting similar pilot projects under RCW 18.71.430, 18.79.390, and 18.25.210, shall report to the governor
and the legislature on the results of the pilot project. The
report shall:
(a) Compare the effectiveness of licensing and disciplinary
activities of each commission during the pilot project with the
licensing and disciplinary activities of the commission prior to
the pilot project and the disciplinary activities of other
disciplining authorities during the same time period as the pilot
project;
(b) Compare the efficiency of each commission with respect
to the timeliness and personnel resources during the pilot
project to the efficiency of the commission prior to the pilot
project and the efficiency of other disciplining authorities
during the same period as the pilot project;
(c) Compare the budgetary activity of each commission during
the pilot project to the budgetary activity of the commission
prior to the pilot project and to the budgetary activity of other
disciplining authorities during the same period as the pilot
project;
(d) Evaluate each commission's regulatory activities,
including timelines, consistency of decision making, and
performance levels in comparison to other disciplining
authorities; and
(e) Review summaries of national research and data regarding
regulatory effectiveness and patient safety.
(4) The secretary shall employ staff that are hired and
managed by the executive director provided that nothing contained
in this section may be construed to alter any existing collective
bargaining unit or the provisions of any existing collective
bargaining agreement.
[2011 c 60 § 6; 2008 c 134 § 32.]
NOTES:
Effective date -- 2011 c 60: See RCW 42.17A.919.
Finding -- Intent -- Severability -- 2008 c 134: See notes following RCW 18.130.020.