S-0318.2/91 2nd 778 _______________________________________________


                                 SENATE BILL 5012



State of Washington              52nd Legislature             1991 Regular Session


By Senator Conner.


Read first time January 14, 1991.  Referred to Committee on Health & Long‑Term Care.Redefining scope of practice for uniform disciplinary act.

     AN ACT Relating to the uniform disciplinary act; and amending RCW 18.130.180.




     Sec. 1.  RCW 18.130.180 and 1989 c 270 s 33 are each amended to read as follows:

     The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

     (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not.  If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action.  Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based.  For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.  Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

     (2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

     (3) All advertising which is false, fraudulent, or misleading;

     (4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed;

     (5) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

     (6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself;

     (7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;

     (8) Failure to cooperate with the disciplining authority by:

     (a) Not furnishing any papers or documents;

     (b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; or

     (c)      Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding;

     (9) Failure to comply with an order issued by the disciplining authority or an assurance of discontinuance entered into with the disciplining authority;

     (10) Aiding or abetting an unlicensed person to practice when a license is required;

     (11) Violations of rules established by any health agency;

     (12) Practice beyond the scope of practice as defined by law or rule, except that the board shall not make a finding under this subsection solely on the basis that the practice is unconventional or experimental in the absence of demonstratable physical harm to a patient;

     (13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

     (14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;

     (15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;

     (16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;

     (17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession.  For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended.  Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

     (18) The procuring, or aiding or abetting in procuring, a criminal abortion;

     (19) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;

     (20) The willful betrayal of a practitioner-patient privilege as recognized by law;

     (21) Violation of chapter 19.68 RCW;

     (22) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

     (23) Current misuse of:

     (a) Alcohol;

     (b) Controlled substances; or

     (c) Legend drugs;

     (24) Abuse of a client or patient or sexual contact with a client or patient.