H-2033.2 _______________________________________________
SUBSTITUTE HOUSE BILL 1618
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Health Care (originally sponsored by Representatives Skinner, Dyer, Conway, Zellinsky, Cody, Backlund, Parlette and Clements)
Read first time 02/25/97.
AN ACT Relating to treatment programs for impaired physicians; amending RCW 18.71.0195, 18.71.300, 18.71.310, 18.71.320, 18.71.330, and 18.71.340; and adding a new section to chapter 18.71 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.71.0195 and 1994 sp.s. c 9 s 328 are each amended to read as follows:
(1) The contents of any report file under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the commission, or investigator thereof, who has been assigned to review the activities of a licensed physician.
Upon a determination that a report is without merit, the commission's records may be purged of information relating to the report.
(2)
Every individual, medical association, medical society, hospital, medical
service bureau, health insurance carrier or agent, professional liability
insurance carrier, professional standards review organization, ((and))
agency of the federal, state, or local government ((shall be)), or
the entity established by RCW 18.71.300 and its officers, agents, and employees
are immune from civil liability, whether direct or derivative, for
providing information to the commission under RCW 18.130.070, or for which an
individual health care provider has immunity under the provisions of RCW
4.24.240, 4.24.250, or 4.24.260.
Sec. 2. RCW 18.71.300 and 1994 sp.s. c 9 s 329 are each amended to read as follows:
((Unless
the context clearly requires otherwise,)) The definitions in this
section apply throughout RCW 18.71.310 through 18.71.340 unless the context
clearly requires otherwise.
(1)
(("Committee")) "Entity" means a nonprofit
corporation formed by physicians who have expertise in the areas of ((alcoholism))
alcohol abuse, drug abuse, ((or)) alcoholism, other drug
addictions, and mental illness and who broadly represent the physicians of
the state and that has been designated to perform any or all of the activities
set forth in RCW 18.71.310(1) ((pursuant to rules adopted)) by the
commission ((under chapter 34.05 RCW)).
(2)
"Impaired" or "impairment" means the ((presence of the
diseases of alcoholism, drug abuse, mental illness)) inability to
practice medicine with reasonable skill and safety by reason of physical or
mental illness including alcohol abuse, drug abuse, alcoholism, other drug
addictions, or other debilitating conditions.
(3)
"Impaired physician program" means the program for the prevention,
detection, intervention, ((and)) monitoring, and treatment of
impaired physicians established by the commission pursuant to RCW 18.71.310(1).
(4) "Physician" means a person licensed under this chapter, chapter 18.71A RCW, or a professional licensed under another chapter of Title 18 RCW whose disciplinary authority has a contract with the entity for a program for its license holders.
(5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the commission or entity for impaired physicians taking part in the impaired physician program created by RCW 18.71.310.
Sec. 3. RCW 18.71.310 and 1994 sp.s. c 9 s 330 are each amended to read as follows:
(1)
The commission shall enter into a contract with the ((committee)) entity
to implement an impaired physician program. The impaired physician program may
include any or all of the following:
(a)
((Contracting)) Entering into contractual or other relationships
supportive of the impaired physician program with ((providers of)) professionals
who provide either evaluation or treatment ((programs)) services,
or both;
(b)
Receiving and ((evaluating)) assessing reports of suspected
impairment from any source;
(c)
Intervening in cases of ((verified)) actual impairment, or in
cases where there is reasonable cause to suspect impairment;
(d)
Referring suspected or actual impaired physicians ((to)) for
evaluation or treatment ((programs));
(e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the commission;
(f)
Providing ((post-treatment)) monitoring and continuing treatment and
rehabilitative support of ((rehabilitative impaired)) physicians;
(g)
Performing such other activities as agreed upon by the commission and the ((committee))
entity; and
(h) Providing prevention and education services.
(2)
A contract entered into under subsection (1) of this section shall be financed
by a surcharge of ((up to)) twenty-five dollars per year on each
license renewal or issuance of a new license to be collected by the department
of health from every physician and ((surgeon)) physician assistant
licensed under this chapter in addition to other license fees and the medical
discipline assessment fee established under RCW ((18.72.380)) 18.71.400.
These moneys shall be placed in the health professions account to be used
solely for the implementation of the impaired physician program.
Sec. 4. RCW 18.71.320 and 1994 sp.s. c 9 s 331 are each amended to read as follows:
The
((committee)) entity shall develop procedures in consultation
with the commission for:
(1) Periodic reporting of statistical information regarding impaired physician activity;
(2)
Periodic disclosure and joint review of such information as the commission may
deem appropriate regarding reports received, contacts or investigations made,
and the disposition of each report((: PROVIDED, That)). However,
the ((committee)) entity shall not disclose any personally
identifiable information except as provided in subsections (3) and (4) of this
section;
(3) Immediate reporting to the commission of the name and results of any contact or investigation regarding any suspected or actual impaired physician who is reasonably believed to constitute an imminent danger to himself or herself or to the public;
(4)
Reporting to the commission, in a timely fashion, any suspected or actual
impaired physician who ((refuses)) fails to cooperate with the ((committee,
refuses)) entity, fails to submit to evaluation or treatment,
or whose impairment is not substantially alleviated through treatment, ((and))
or who, in the opinion of the ((committee)) entity, is
unable to practice medicine with reasonable skill and safety((. However,
impairment, in and of itself, shall not give rise to a presumption of the
inability to practice medicine with reasonable skill and safety));
(5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.
Sec. 5. RCW 18.71.330 and 1994 sp.s. c 9 s 332 are each amended to read as follows:
If
the commission has reasonable cause to believe that a physician is impaired,
the commission shall cause an evaluation of such physician to be conducted by
the ((committee)) entity or the ((committee's)) entity's
designee or the commission's designee for the purpose of determining if there
is an impairment. The ((committee)) entity or appropriate
designee shall report the findings of its evaluation to the commission.
Sec. 6. RCW 18.71.340 and 1987 c 416 s 6 are each amended to read as follows:
All
((committee)) entity records are not subject to disclosure
pursuant to chapter 42.17 RCW.
NEW SECTION. Sec. 7. A new section is added to chapter 18.71 RCW to read as follows:
The secretary, members of the commission, an impaired practitioner program approved by the commission, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.
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