WSR 09-04-050

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed January 30, 2009, 12:35 p.m. , effective March 2, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-16-270 Mandatory reporting by employers of license[d] health care providers, additional mandatory reporting requirements were imposed in 2008 by 4SHB 1103, amending RCW 18.130.080. This rule adds those requirements to other mandatory reporting requirements already implemented in chapter 246-16 WAC.

Statutory Authority for Adoption: RCW 18.130.080.

Adopted under notice filed as WSR 08-20-120 on September 30, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: January 2, 2009.

Mary C. Selecky

Secretary

OTS-1795.1


NEW SECTION
WAC 246-16-270   Mandatory reporting -- Reports by employers of license holders.   (1) Every license holder, corporation, organization, health care facility, and state and local governmental agency that employs a license holder shall report to the department of health when the employed license holder's services have been terminated or restricted based on a final determination or finding that the license holder:

(a) Has committed an act or acts that may constitute unprofessional conduct; or

(b) May not be able to practice his or her profession with reasonable skill and safety due to a mental or physical condition.

(2) Reports under this section must be submitted to the department of health as soon as possible but no later than twenty days after a final determination or finding is made. The report should contain the information described in WAC 246-16-220(2).

(3) Reports made by a hospital according to RCW 70.41.210 and reports by ambulatory surgical facilities according to RCW 70.230.120 meet the requirement of this section.

(4) If a license holder fails to submit a report required by this section, a civil penalty of up to five hundred dollars may be imposed and the disciplining authority may take action against the license holder for unprofessional conduct.

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Washington State Code Reviser's Office