HOUSE BILL REPORT
SHB 2431
As Passed House:
February 14, 2006
Title: An act relating to health professions background checks.
Brief Description: Requiring background checks on persons licensed as health care professionals.
Sponsors: By House Committee on Appropriations (originally sponsored by Representatives Campbell, Morrell, Ericks, Moeller, Springer, B. Sullivan, Simpson, Green, Sells, O'Brien and Lantz).
Brief History:
Health Care: 1/24/06, 1/27/06 [DP];
Appropriations: 2/3/06, 2/4/06 [DPS].
Floor Activity:
Passed House: 2/14/06, 83-13.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON HEALTH CARE
Majority Report: Do pass. Signed by 9 members: Representatives Cody, Chair; Campbell, Vice Chair; Morrell, Vice Chair; Appleton, Clibborn, Green, Lantz, Moeller and Schual-Berke.
Minority Report: Do not pass. Signed by 6 members: Representatives Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander, Bailey, Condotta and Skinner.
Staff: Chris Blake (786-7392).
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 18 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hunter, Kagi, Kenney, Kessler, Linville, McDermott, Miloscia, Priest, Schual-Berke and P. Sullivan.
Minority Report: Do not pass. Signed by 12 members: Representatives Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Armstrong, Bailey, Buri, Chandler, Clements, Hinkle, Pearson, Talcott and Walsh.
Staff: Amy Hanson (786-7118).
Background:
In 2000, the Department of Health (Department) and the Department of Social and Health
Services released a report on the issue of using criminal background checks as a requirement
for obtaining a credential to practice as a health care provider. The report recommended that
the Department conduct in-state background checks on new applicants for health care
credentials. The Department began conducting background checks on new applicants and
during the 2001-03 biennium, it conducted 85,028 background checks. Four percent of these
had criminal convictions in Washington.
In 2004, the Legislature enacted ESHB 2556 which created the Joint Task Force on Criminal
Background Check Processes (Task Force). Last session the duration of the Task Force was
extended through December 2005. Among the preliminary recommendations considered by
the Task Force were to require all school employees to have background checks as well as
supporting fingerprint-based checks on all child care workers and foster parents.
The federal government maintains two data banks that track information related to actions
against health care providers. The Healthcare Integrity and Protection Data Bank (HIPDB)
collects information on final adverse actions against health care practitioners including civil
judgments, criminal convictions, and licensing actions by state agencies. The National
Practitioner Data Bank (NPDB) collects information on adverse actions (actions against a
license, clinical privileges, professional society membership, participation in Medicaid or
Medicare) against health care practitioners by licensing agencies, health care facilities,
professional societies, and medical malpractice payers.
Summary of Substitute Bill:
The Department must adopt rules to require applicants for an initial license to practice a
health profession to have a background check through the Washington State Patrol (WSP).
The rules must also specify those circumstances in which a state background check is
inadequate and an electronic fingerprint-based national background check through the WSP
and the Federal Bureau of Investigations must be conducted. Such situations include where
an applicant has a criminal record in Washington or has recently lived out-of-state. The
Department may not issue a license to practice a health profession until a background check
on the applicant has been completed. Criminal convictions that constitute unprofessional
conduct must be considered when deciding whether or not to issue a license.
The Department must adopt rules to require that all license holders who practice a profession
that is subject to either the NPDB or the HIPDB have their credentials regularly checked.
The Department shall establish a schedule for conducting the reviews so that license holders
are reviewed every four years. After three consecutive reviews of a license holder without a
report in either data bank, the Department does not have to perform any further reviews of
that individual unless there is probable cause to believe that a review is warranted. License
holders also must report any convictions for a criminal offense that constitutes unprofessional
conduct to the Department and their employers.
The background checks and the NPDB and HIPDB reviews shall be funded through licensing
fees for health care professionals.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed, except for section 1, relating to background checks which takes effect July 1, 2007 and section 2, relating to federal data bank reviews which takes effect January 1, 2008.
Testimony For: (Health Care) (In support) This bill advances patient safety.
(With concerns) There should be a periodic review of the effectiveness of the background
check and data bank review programs.
Testimony For: (Appropriations) None.
Testimony Against: (Health Care) The disciplining authorities should develop the rules for the background checks as they pertain to their own professions, not the Secretary of Health. The information from the data bank reviews must remain confidential.
Testimony Against: (Appropriations) None.
Persons Testifying: (Health Care) (In support) Mary Selecky, Department of Health.
(With concerns) Anne Tan Piazza, Washington State Nurses Association.
(Opposed) Tim Layton, Washington State Medical Association.
Persons Testifying: (Appropriations) None.