H-0527.2          _______________________________________________


                                  HOUSE BILL 1397



State of Washington              52nd Legislature             1991 Regular Session


By Representatives Beck, Prentice, Paris, Betrozoff, Braddock, Wood, May, Cole and Brekke.


Read first time January 28, 1991.  Referred to Committee on Health Care.Providing a defense for doctors accused of using unconventional practices.

     AN ACT Relating to the medical disciplinary board; amending RCW 18.71.019; and adding a new section to chapter 18.71 RCW.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 18.71 RCW to read as follows:

     The medical disciplinary board shall not deny, limit, fail to renew a physician's license, or take other disciplinary action against a licensed physician in this state for professional incompetence on the basis that the licensee's practice or prescribed treatment of a patient is unconventional, investigational, or innovative medical practice without a factual finding of demonstrable harm to the patient because of that practice or treatment.  The board shall make a finding of professional incompetence under this section only upon substantial evidence of demonstrable harm existing in the board's official record of proceedings under RCW 18.71.060.


     Sec. 2.  RCW 18.71.019 and 1987 c 150 s 45 are each amended to read as follows:

     The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses under this chapter, subject to the terms of section 1 of this act.