Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Health Care Committee

HB 1538

Brief Description: Modifying hospital reporting of restrictions on health care practitioners.

Sponsors: Representatives Cody, Campbell and Morrell; by request of Department of Health.

Brief Summary of Bill
  • Expands requirements for hospitals to report to the state any actions that restrict or terminate a physician's clinical privileges to apply to actions that restrict or terminate the practice of other health care providers.

Hearing Date: 2/4/05

Staff: Chris Blake (786-7392).

Background:

Hospitals are required to report to certain state or federal government agencies when they take specific actions to restrict or terminate some health care providers' licenses. In Washington, when a hospital terminates or restricts the clinical privileges of a physician because of his or her commission of any act of unprofessional conduct, it must notify the Medical Quality Assurance Commission within sixty days of the action.

Nationally, hospitals and other health care entities must report any professional review actions that adversely affect a physician's or dentist's clinical privileges to the National Practitioner Data Bank (NPDB). Hospitals also have the option of reporting to the NPDB when any adverse actions are taken against the clinical privileges of health care providers other than physicians and dentists. Reports must be made to the NPDB within fifteen days from the date that the action was taken.

Summary of Bill:

The requirement that hospitals report to the Medical Quality Assurance Commission the restriction or termination of a physician's privileges due to the commission of an act of unprofessional conduct is broadened to include additional categories of health care providers. The broader requirements direct hospitals to report to the Department of Health (Department) when the practice of a health care provider is restricted, suspended, limited, or terminated due to the commission of an act of unprofessional conduct, or if it is voluntarily or involuntarily restricted or terminated to avoid action by a hospital.

The health care professions that are subject to the reports are: pharmacists, occupational therapists, physical therapists, audiologists, speech-language pathologists, advanced registered nurse practitioners, dentists, naturopathic physicians, optometrists, osteopathic physicians and surgeons, osteopathic physician assistants, physicians, physician assistants, podiatrists, and psychologists.

The time for a hospital to report to the Department is reduced from sixty days to fifteen days. The maximum penalty for a hospital that does not comply with the reporting requirements is increased from $250 to $10,000. A hospital, hospital administrator, or hospital executive officer that files a report in good faith is immune from liability related to the report.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.