S-0125.2  _______________________________________________

                         SENATE BILL 5018

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Costa and Thibaudeau

Read first time 01/08/2001.  Referred to Committee on Health & Long‑Term Care.

Authorizing the department of health to impose civil penalties.

    AN ACT Relating to the imposition of civil penalties by the department of health against a licensed hospital that fails to report a required event; amending RCW 70.41.130; and prescribing penalties.

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

    Sec. 1.  RCW 70.41.130 and 1991 c 3 s 335 are each amended to read as follows:

    The department is authorized to deny, suspend, revoke, or modify a license or provisional license in any case in which it finds that there has been a failure or refusal to comply with the requirements of this chapter or the standards or rules adopted under this chapter.  RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

The department is authorized to assess a civil fine or civil penalty in any case in which it finds the licensee failed to report an event that is required by statute or rule to be reported to the department.  The civil fine or civil penalty shall not exceed one thousand dollars per incident unreported.  The department is authorized to approve expenditure of the civil penalty by the licensee on improvements that would ensure future compliance in reporting, or reduce future incidents.  Assessment of a civil fine or civil penalty is subject to the provisions of chapters 34.05 and 43.05 RCW and RCW 43.70.095.  The department may adopt rules to implement the civil fines or civil penalties referenced in this section.

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