1071-S2 AMH CAMP BLAC 140

2SHB 1071 - H AMD 670

By Representative Campbell

ADOPTED 2/8/2006

   On page 2, after line 19, insert the following:

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

   The secretary, with the advice and consultation of the other disciplining authorities, shall adopt a schedule that defines appropriate ranges of sanctions that are applicable to a finding after a hearing that a license holder has committed unprofessional conduct as defined in this chapter or the chapters specified in RCW 18.130.040(2). The schedule must identify aggravating and mitigating circumstances that may enhance or reduce the sanction imposed by the disciplining authority for each act of unprofessional conduct. The schedule must apply to all disciplining authorities. In addition, the secretary shall make provisions for instances in which there are multiple findings of unprofessional conduct. When establishing the schedule, the secretary shall consider maintaining consistent sanction determinations that balance the protection of the public's health and the rights of health care providers of the different health professions.

   Sec. 4. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

   The disciplining authority has the following authority:

   (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

   (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

   (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

   (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

   (5) To compel attendance of witnesses at hearings;

   (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

   (7) ((To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

   (8))) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

   (((9))) (8) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

   (((10))) (9) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

   (((11))) (10) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

   (((12))) (11) To adopt standards of professional conduct or practice;

   (((13))) (12) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction consistent with section 2 of this act against a license applicant or license holder provided by this chapter;

   (((14))) (13) To designate individuals authorized to sign subpoenas and statements of charges;

   (((15))) (14) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

   (((16))) (15) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3).

   Sec. 5. RCW 18.130.060 and 2001 c 101 s 1 are each amended to read as follows:

   In addition to the authority specified in RCW 18.130.050, the secretary has the following additional authority:

   (1) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter;

   (2) Upon the request of a board, to appoint pro tem members to participate as members of a panel of the board in connection with proceedings specifically identified in the request. Individuals so appointed must meet the same minimum qualifications as regular members of the board. Pro tem members appointed for matters under this chapter are appointed for a term of no more than one year. No pro tem member may serve more than four one-year terms. While serving as board members pro tem, persons so appointed have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular members of the board. The chairperson of a panel shall be a regular member of the board appointed by the board chairperson. Panels have authority to act as directed by the board with respect to all matters concerning the review, investigation, and adjudication of all complaints, allegations, charges, and matters subject to the jurisdiction of the board. The authority to act through panels does not restrict the authority of the board to act as a single body at any phase of proceedings within the board's jurisdiction. Board panels may make interim orders and issue final decisions with respect to matters and cases delegated to the panel by the board. Final decisions may be appealed as provided in chapter 34.05 RCW, the Administrative Procedure Act;

   (3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation and to establish fees to witnesses in any agency adjudicative proceeding as authorized by RCW 34.05.446;

   (4) To conduct investigations and practice reviews at the direction of the disciplining authority and to issue subpoenas, administer oaths, and take depositions in the course of conducting those investigations and practice reviews at the direction of the disciplining authority;

   (5) To take emergency action ordering summary suspension of a license, or restriction or limitation of the license holder's practice pending proceedings by the disciplining authority;

   (6) To have the health professions regulatory program establish a system to recruit potential public members, to review the qualifications of such potential members, and to provide orientation to those public members appointed pursuant to law by the governor or the secretary to the boards and commissions specified in RCW 18.130.040(2)(b), and to the advisory committees and councils for professions specified in RCW 18.130.040(2)(a).

   Sec. 6. RCW 18.130.160 and 2001 c 195 s 1 are each amended to read as follows:

   Upon a finding, after hearing, that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority may issue an order providing for one or any combination of the following, in accordance with the schedule adopted by the secretary in section 2 of this act:

   (1) Revocation of the license;

   (2) Suspension of the license for a fixed or indefinite term;

   (3) Restriction or limitation of the practice;

   (4) Requiring the satisfactory completion of a specific program of remedial education or treatment;

   (5) The monitoring of the practice by a supervisor approved by the disciplining authority;

   (6) Censure or reprimand;

   (7) Compliance with conditions of probation for a designated period of time;

   (8) Payment of a fine for each violation of this chapter, not to exceed five thousand dollars per violation. Funds received shall be placed in the health professions account;

   (9) Denial of the license request;

   (10) Corrective action;

   (11) Refund of fees billed to and collected from the consumer;

   (12) A surrender of the practitioner's license in lieu of other sanctions, which must be reported to the federal data bank.

   Any of the actions under this section may be totally or partly stayed by the disciplining authority. In determining what action is appropriate, the disciplining authority must consider the schedule adopted by the secretary in section 2 of this act. Where the schedule allows flexibility in determining the appropriate sanction, the disciplining authority must first consider what sanctions are necessary to protect or compensate the public. Only after such provisions have been made may the disciplining authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

   The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes."

   Correct the title.

EFFECT: Instructs the secretary of health after consulting the other disciplining authorities, to establish a schedule of ranges of sanctions, including aggravating and mitigating circumstances, for acts of unprofessional conduct committed by health care providers. Requires that all disciplining authorities follow the schedule.

   Transfers the authority of the health professions boards and    commissions to issue summary suspensions to the exclusive    authority of the secretary.