S-4192               _______________________________________________

 

                                                   SENATE BILL NO. 4992

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Zimmerman and McDermott

 

 

Read first time 1/24/86 and referred to Committee on Human Services & Corrections.

 

 


AN ACT Relating to medical practice; amending RCW 18.72.040 and 18.72.155; adding new sections to chapter 18.72 RCW; and adding a new section to chapter 70.41 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 4, chapter 202, Laws of 1955 as amended by section 1, chapter 71, Laws of 1977 and RCW 18.72.040 are each amended to read as follows:

          There is hereby created the "Washington state medical disciplinary board," which shall be composed of one holder of a valid license to practice medicine and surgery from each congressional district now existing or hereafter created in the state and ((one)) three members of the public who meet((s)) the qualifications contained in RCW 70.39.020(2) shall be appointed by the governor.  The public ((member's)) members' terms shall be for two years commencing on October 1st of each odd-numbered year.  The board shall be an administrative agency of the state of Washington.

          The attorney general shall be the advisor of the board and shall represent it in all legal proceedings.  Assistant attorneys general assigned to the board are subject to the continuing approval of the board.

 

        Sec. 2.  Section 6, chapter 111, Laws of 1979 ex. sess. and RCW 18.72.155 are each amended to read as follows:

          The director of the department of licensing shall appoint, from a list of three names supplied by the board, an executive secretary who shall act to carry out the provisions of this chapter.  The director shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the board to accomplish its duties and responsibilities.  Investigators employed under this section shall be assigned solely to the board and, along with the executive secretary, are subject to the continuing approval of the board.

          The executive secretary shall be exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 18.72 RCW to read as follows:

          (1) A licensed health care professional shall report to the board when he or she has personal knowledge that a practicing physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, or has committed an act or acts of unprofessional conduct.

          (2) Reporting under this section is not required by:

          (a) An appointed member of a regularly constituted peer review committee of a licensed hospital, or by a designated member of a professional review committee of a county or state medical society, engaged in an investigation being conducted by the respective committees; or

          (b) A licensed physician or health care institution involved in the treatment of a physician patient.

          (3) The board may impose disciplinary sanctions, including license revocation or suspension, on any person subject to the jurisdiction of the board who has failed to comply with the provisions of this section.  The board may recommend disciplinary sanctions to any disciplinary authority, and the disciplinary authority may take disciplinary action, including license suspension or revocation, against a health care professional not subject to the jurisdiction of the board who has failed to comply with this section.

          (4) As used in this section, "health care professional" means a person licensed by this state to provide health care or related services, including but not limited to, a certified acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, or physician's trained mobile intensive care paramedic.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 18.72 RCW to read as follows:

          Every institution or organization providing professional liability insurance directly or indirectly to physicians shall send a complete report to the medical disciplinary board of all malpractice settlements, awards, or payments in excess of two thousand five hundred dollars as a result of a claim or action for damages alleged to have been caused by an insured physician's incompetency or negligence in the practice of medicine.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 70.41 RCW to read as follows:

          A hospital licensed pursuant to this chapter shall, prior to the grant or renewal of professional privileges, or the association of or employment of any physician, require the physician to provide the following information:

          (1) The name of any hospital with which the physician is or was associated or employed or granted professional privileges;

          (2) If the association, employment, or grant of professional privilege was discontinued, the reasons therefor;

          (3) Any pending professional medical misconduct proceedings, or any pending medical malpractice actions against the physician, whether in this or any other state, and the substance of the allegations in the pending actions;

          (4) The existence of any judgment, settlement, or award in excess of two thousand five hundred dollars resulting from a claim or action for damages allegedly caused by negligence or incompetence in the practice of medicine;

          (5) The substance of any findings resulting from any proceeding against the physician for professional medical misconduct, but this information  shall not be discoverable nor admissible in any civil action except as provided in RCW 4.24.250.