AN ACT Relating to the professional discipline of physicians; adding new sections to chapter 18.71 RCW; and adding a new section to chapter 42.17 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 9 of this act.

(1) "Board" means the medical disciplinary board of this state.

(2) "Impaired" or "impairment" means the presence of the diseases of alcoholism, drug abuse, or mental illness.

(3) "Impaired physician program" means the program for the detection, intervention, and monitoring of impaired physicians established by the board pursuant to section 2(1) of this act.

(4) "Physician committee" or "committee" means a committee composed of physicians who have expertise in the areas of alcoholism, drug abuse, or mental illness and that has been designated to perform any or all of the activities set forth in section 2(1) of this act under an agreement with the board.

(5) "Professional incompetence" means the inability or failure of a physician or surgeon to practice medicine with reasonable skill and safety. Impairment in and of itself shall not give rise to a presumption of professional incompetence for any purpose.

(6) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the board for impaired physicians taking part in the impaired physician program created by section 2 of this act.

NEW SECTION. Sec. 2. (1) The board may enter into an agreement for impaired physician programs with the physician committee which shall be broadly representative of the state's physicians, including the state medical association. The committee's functions and responsibilities may include any or all of the following:

(a) Contracting with providers of treatment programs;

(b) Receiving and evaluating reports of suspected impairment from any source;

(d) Referring impaired physicians to treatment programs;

(e) Monitoring the treatment and rehabilitation of impaired physicians;

(f) Providing post-treatment monitoring and support of rehabilitative impaired physicians; and

(g) Performing such other activities as agreed upon by the board and the committee.

(2) An agreement entered into under subsection (1) of this section shall be financed by a surcharge of fifteen dollars on each license renewal or issuance of a new license to be collected by the department of licensing from every physician and surgeon licensed under chapter 18.71 RCW in addition to other license fees and the medical discipline assessment fee established under RCW 18.72.380.

NEW SECTION. Sec. 3. The physician committee shall develop procedures in consultation with the board for:

(1) Periodic reporting of statistical information regarding impaired physician activity;

(2) Periodic disclosure and joint review of such information as the board may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report: PROVIDED, That the committee shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section;

(3) Immediate reporting to the board of the name and results of any contact or investigation regarding any impaired physician who is believed to constitute an imminent danger to the public;

(4) Reporting to the board, in a timely fashion, any impaired physician who refuses to cooperate with the committee, refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment, and who, in the opinion of the committee, exhibits professional incompetence;

(5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.

NEW SECTION. Sec. 4. If the board has reasonable cause to believe that a physician is impaired, the board shall cause an evaluation of such physician to be conducted by the physician committee or its designee for the purpose of determining if there is an impairment. The physician committee shall report the findings of its evaluation to the board.

NEW SECTION. Sec. 5. An impaired physician may request in writing to the board a restriction of his or her license to practice medicine. The board may grant such request for restriction and may attach conditions to the licensure of the physician to practice medicine within specified limitations. Removal of a voluntary restriction on licensure to practice medicine shall be subject to the procedure for reinstatement of license in RCW 18.130.150.

NEW SECTION. Sec. 6. A report to the physician committee shall be deemed to be a report to the board for the purposes of any mandated reporting of physician impairment otherwise provided for by law.

NEW SECTION. Sec. 7. All board and physician committee records pertaining to the impaired physician program shall be kept confidential and are not subject to discovery or subpoena or admissible in any legal proceeding. Such records are not subject to disclosure pursuant to chapter 42.17 RCW. No person in attendance at any meeting of a physician committee may be required to testify as to any committee discussions or proceedings.

NEW SECTION. Sec. 8. An impaired physician who is participating in, or has successfully completed, a treatment program pursuant to sections 2 through 9 of this act, shall not be excluded from any hospital staff solely because of such participation.

NEW SECTION. Sec. 9. (1) The board, the physician committee, and members thereof shall not be liable in damages to any person for any acts, omissions, or recommendations made by him or her in substantial good faith while acting within the scope of his or her responsibilities pursuant to sections 1 through 8 of this act.

(2) No person who in substantial good faith makes a report to a physician committee may be liable in damages to any person.

NEW SECTION. Sec. 10. A new section is added to chapter 42.17 RCW to read as follows:

The disclosure requirements of this chapter shall not apply to records of the medical disciplinary board or a physician committee obtained in an action under sections 1 through 9 of this act.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act are each added to chapter 18.71 RCW.