SENATE BILL REPORT

                   SB 5365

              As Reported By Senate Committee On:

          Health & Long-Term Care, February 16, 1995

Title:  An act relating to the uniform disciplinary act.

Brief Description:  Revising the uniform disciplinary act.

Sponsors:  Senators Fairley, Deccio, Wojahn and Winsley; by request of Department of Health.

Brief History:

Committee Activity:  Health & Long-Term Care:  2/2/95, 2/16/95 [DPS].

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Majority Report:  That Substitute Senate Bill No. 5365 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Deccio, Fairley, Franklin, Moyer, Winsley and Wood.

Staff:  Rhoda Jones (786-7198)

Background:  The state's Uniform Disciplinary Act (UDA) of 1984 requires that the state standardize disciplinary procedures for all 47 credentialed health professions.  Authority to do this rests with Secretary of Health for 16 professions, and with 21 independent health care boards and commissions.  The UDA has been changed over the years to improve consistency and uniformity amongst the professions in carrying out discipline activities.

Summary of Substitute Bill:  Health care boards and commissions are required to adopt consistent procedures for all disciplinary procedures under the UDA.  The secretary must establish time periods for each step in the discipline process including investigations, charges, settlements and adjudications.  The role of presiding judges is expanded, allowing them to render final decisions in disciplinary hearings.  Alternative forums for dispute resolution are authorized including mediation, arbitration, or prehearing conferences.

Following a complaint investigation, specific procedures must be followed before a physical or mental examination of a professional may be ordered.  

The Department of Health may screen complaints that are trivial, and not require a health care professional go through the discipline process for these offenses.

Substitute Bill Compared to Original Bill:  A new category of trivial complaints is created, which the Department of Health may define.  These complaints will not be made public.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill makes the UDA more uniform and fair.

Testimony Against:  None.

Testified:  PRO:  Nick Federici, WSNA; Ron Weaver, DOH; Andy Dolan, WSMA; Liz Merten, WA Retail Assn. Pharmacy Council; Patty Hayes, ARNPs United.