SENATE BILL REPORT

SB 6298

BYSenators West, Wojahn, Kreidler and Johnson

Relating to the uniform disciplinary act.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):January 24, 1990

Senate Staff:Scott Plack (786-7409)

AS OF JANUARY 23, 1990

BACKGROUND:

The Uniform Disciplinary Act (Chapter 18.130) regulates the unprofessional conduct and unsafe practice of health professionals licensed by the state.  The disciplinary authority is the board which regulates the profession or the secretary of health when the profession has no statutorily authorized board.  Current law (18.130. 070 RCW) permits the disciplinary authority to require persons to report information concerning any conviction, determination, or finding that a license holder has committed an act of unprofessional conduct or is unable to practice with reasonable skill and safety.  Such reports are currently public information.  There is concern that unrestricted public access to such information may inhibit persons from providing it to the disciplinary authority. 

Existing statues provide for confidentiality of some records and of information concerning active investigations conducted by the disciplinary authority.  All treatment, pre-treatment and monitoring records of health care practitioners participating in approved impaired provider treatment programs are exempt from public disclosure (18.130.175 RCW).  Information and records complied by a disciplinary authority actively involved in an investigation of a health profession suspected of unprofessional conduct or unsafe practice are also exempt from disclosure (42.17.310 RCW).

SUMMARY:

Reports filed with a disciplinary authority that concern convictions, determinations or findings of unprofessional conduct or unsafe practice of a health professional license holder are exempted from the public disclosure law.  Exceptions are provided.  The license holder, or his or her authorized representative or counsel, may review and provide statements and other information pertinent to the report.  In addition, a representative or investigator of the disciplinary authority may have access to the reports. 

Upon a determination that the report is without merit, the disciplinary authority may purge the report from its records.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 10, 1990