H-1501

AN ACT Relating to public disclosure of complaints filed under the uniform disciplinary act; amending RCW 18.130.095; and adding a new section to chapter 42.17 RCW.

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

Sec. 1. RCW 18.130.095 and 1995 c 336 s 6 are each amended to read as follows:

(1) The secretary, in consultation with the disciplining authorities, shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final orders involving a licensee, applicant, or unlicensed person. The uniform procedural rules adopted under this subsection apply to all adjudicative proceedings conducted under this chapter and shall include provisions for ((~~the~~)) establishing time periods for initial assessment, investigation, charging, discovery, settlement, and adjudication of complaints, and shall include enforcement provisions for violations of the specific time periods by the department, the disciplining authority, and the respondent. A licensee shall be notified of the receipt of a complaint, except when such notification would impede an effective investigation, and shall be allowed to submit a written statement about that complaint at the earliest point of time which shall be included in the file. Complaints about the practice of health care providers filed after the effective date of this act are exempt from public disclosure under chapter 42.17 RCW until the complaint has been assessed and determined to warrant an investigation by the disciplining authority. Complaints determined not to warrant an investigation by the disciplining authority shall no longer be considered complaints but shall remain in the records and tracking system of the department subject to public disclosure. Complaints, after investigation, determined to warrant no cause for action, may be disclosed upon request with an explanation of that determination, but shall remain in the records and tracking system of the department, subject to public disclosure.

(2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement:

(a) For violation of this chapter, the investigator shall inform such person, in writing of: (i) The nature of the complaint; (ii) that the person may consult with legal counsel at his or her expense prior to making a statement; and (iii) that any statement that the person makes may be used in an adjudicative proceeding conducted under this chapter; and

(b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the licensee, applicant, or unlicensed person under investigation if a statement of charges is issued.

(3) Only upon the authorization of a disciplining authority identified in RCW 18.130.040(2)(b), the secretary, or his or her designee, may serve as the presiding officer for any disciplinary proceedings of the disciplining authority authorized under this chapter. Except as provided in RCW 18.130.050(8), the presiding officer shall not vote on or make any final decision. All functions performed by the presiding officer shall be subject to chapter 34.05 RCW. The secretary, in consultation with the disciplining authorities, shall adopt procedures for implementing this subsection.

(4) The uniform procedural rules shall be adopted by all disciplining authorities listed in RCW 18.130.040(2), and shall be used for all adjudicative proceedings conducted under this chapter, as defined by chapter 34.05 RCW. The uniform procedural rules shall address the use of a presiding officer authorized in subsection (3) of this section to determine and issue decisions on all legal issues and motions arising during adjudicative proceedings.

NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW under the subchapter heading "public records" to read as follows:

Complaints filed under chapter 18.130 RCW after the effective date of this act are exempt from disclosure under this chapter to the extent provided in RCW 18.130.095(1).