BP BHEAD INT S [atlas:bill]

AN ACT Relating to protecting children, vulnerable adults, and other consumers of health care by using background checks; amending RCW 18.130.040; adding new sections to chapter 18.130 RCW; adding a new section to chapter 43.70 RCW; creating a new section; and providing effective dates.

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

NEW SECTION. Sec. 1. The legislature intends to protect children, vulnerable adults, and other consumers of health care by requiring background checks of all individuals applying for and holding registrations, certifications, and licenses to practice as health care practitioners in the state.

Sec. 2. RCW 18.130.040 and 1998 c 243 s 16 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Chemical dependency professionals certified under chapter 18.205 RCW;

(xvi) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xviii) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

(xix) Denturists licensed under chapter 18.30 RCW; and

(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter ((~~and~~)), the chapters specified in subsection (2) of this section, and sections 4 through 6 of this act. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 18.130 RCW to read as follows:

(1) Notwithstanding RCW 9.96A.020, an individual is permanently disqualified from holding a license under this chapter if the individual has a conviction record of any of the following offenses:

(a) A serious violent offense as defined in RCW 9.94A.030;

(b) A sex offense as defined in RCW 9.94A.030;

(c) Any felony offense constituting: (i) Sexual exploitation of a minor under chapter 9.68A RCW; (ii) criminal mistreatment of a child or dependent person under chapter 9A.42 RCW; or (iii) the sale or purchase of a minor child under RCW 9A.64.030; or

(d) Any federal or out-of-state equivalent to those in (a) through (c) of this subsection.

(2) Notwithstanding RCW 9.96A.020, an individual is disqualified from holding a license under this chapter if the individual has a conviction record of any of the offenses in this subsection. The disqualification shall last for ten years from the date of conviction or release from confinement, whichever is later. At the end of the disqualification period, the individual may reapply but must demonstrate ability to practice with reasonable skill and safety.

(a) A violent offense as defined in RCW 9.94A.030;

(b) A sex-related offense under chapter 9.68, 9A.44, or 9A.88 RCW, that does not constitute a sex offense under RCW 9.94A.030;

(c) A felony offense constituting: (i) Malicious harassment under chapter 9A.36 RCW; (ii) residential burglary under chapter 9A.52 RCW; (iii) theft in the first degree under chapter 9A.56 RCW; (iv) unlawful issuance of checks or drafts under chapter 9A.56 RCW; or (v) fraud under chapter 9A.60 RCW; or

(d) Any federal or out-of-state equivalent to those in (a) through (c) of this subsection.

(3) The department may establish by rule disqualifying criminal offenses in addition to those established in subsections (1) and (2) of this section. Notwithstanding RCW 9.96A.020, the disqualification may be permanent or for a duration established in rule.

(4) Conviction of any offense not set forth in this section may be grounds for disciplinary action under RCW 18.130.180.

NEW SECTION. Sec. 4. A new section is added to chapter 18.130 RCW to read as follows:

(1) This section applies to individuals who apply for an initial license under this chapter on or after the effective date of this section.

(2) Under RCW 18.130.050(13), the department shall require a state background check through the state patrol on each applicant for an initial license. The background check may be fingerprint based at the discretion of the department. The background check must be completed before the license is issued.

(3) The department shall:

(a) Require the applicant to submit full sets of fingerprints if necessary to complete the background check;

(b) Require the applicant to submit any fees and other information required by the state patrol;

(d) Restrict use of the background check results to determining the individual's suitability for a license.

(4) The disciplining authority shall deny a license to any individual whose background check reveals a conviction for any offense in section 3 of this act. Prior to denying the license, the disciplining authority shall provide an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494.

NEW SECTION. Sec. 5. A new section is added to chapter 18.130 RCW to read as follows:

(1) This section applies to individuals who apply for an initial license under this chapter on or after the effective date of this section.

(2) Under RCW 18.130.050(13), the department shall require an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation on each applicant for an initial license. The background check must be completed before the license is issued.

(3) The department shall:

(a) Require the individual to submit full sets of fingerprints as necessary to complete the background check;

(b) Require the individual to submit any fees and other information required by the state patrol;

(d) Restrict use of the background check results to determining the individual's suitability for a license.

NEW SECTION. Sec. 6. A new section is added to chapter 18.130 RCW to read as follows:

(1) This section applies to license holders.

(2) The department shall require state background checks through the state patrol on each license holder. The background checks may be fingerprint based when the department has probable cause to believe that an offense has occurred. Where a license holder's initial background check did not include a fingerprint-based national background check, the first subsequent check shall include a fingerprint-based national background check.

(3) The department shall establish a schedule for conducting the background checks required under subsection (2) of this section. The schedule shall require all license holders to have a background check conducted within four years of the effective date of this section and within every four years thereafter. If three successive background checks conducted at regular intervals over the following twelve years show no offense under section 3 of this act, no further background checks are required unless the department has probable cause to believe that an offense has occurred.

(4) The department shall:

(a) Require the license holder to submit full sets of fingerprints if necessary to complete the background check;

(b) Require the license holder to submit any fees and other information required by the state patrol; and

(5) The disciplining authority shall revoke for the specified time period the license held by any individual if a background check reveals a conviction for any offense in section 3 of this act. Prior to revoking or suspending the license, the disciplining authority shall provide an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494.

(6) If any investigation under this chapter reveals a conviction for any offense specified in section 3 of this act, the disciplining authority shall revoke the license. Prior to revoking or suspending the license, the disciplining authority shall provide an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494.

(7) The license holder shall report to the disciplining authority and to the individual's employer any conviction occurring after the effective date of this section for an offense under section 3 of this act. The report must be made within fourteen days of the conviction.

NEW SECTION. Sec. 7. A new section is added to chapter 18.130 RCW to read as follows:

Nothing in this act limits the authority of the disciplining authority to investigate the suitability of an individual for licensure.

NEW SECTION. Sec. 8. A new section is added to chapter 43.70 RCW to read as follows:

To implement this act, the department may:

(1) Increase application and renewal fees by amounts that exceed the fiscal growth factor under RCW 43.135.055; and

(2) Adopt rules.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. (1) Section 4 of this act takes effect January 1, 2001.

(2) Section 5 of this act takes effect January 1, 2003.

(3) Section 6 of this act takes effect January 1, 2002.