Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Judiciary Committee | |
HB 1548
Title: An act relating to special immunities.
Brief Description: Providing immunity from civil actions for a health professional making a good faith claim of unprofessional conduct or inability to practice safely against another health professional.
Sponsors: Representatives Clibborn, Bailey, Hinkle, Moeller, Buri, Morrell, Skinner, Lantz, Williams, Darneille, Murray, O'Brien, Rodne and Campbell.
Brief Summary of Bill |
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Hearing Date: 2/14/05
Staff: Edie Adams (786-7180).
Background:
The Uniform Disciplinary Act (UDA) governs disciplinary actions for all 57 categories of
credentialed health care providers. The UDA defines acts of unprofessional conduct, establishes
sanctions for such acts, and provides general procedures for addressing complaints and taking
disciplinary actions against a credentialed health care provider. In addition, the UDA provides
authority for a disciplining authority to investigate a provider when the authority believes the
provider may be unable to practice with reasonable skill and safety because of a mental or
physical condition. The authority to discipline health care providers under the UDA is given to
the Secretary of Health and the 16 health professions boards and commissions according to the
provider's health care profession and the relevant step in the disciplinary process.
The UDA gives immunity to any person who, in good faith, either submits a written complaint to
a disciplining authority charging a health care professional with unprofessional conduct or
reports information to a disciplining authority indicating that a provider may not be able to
practice his or her profession with reasonable skill and safety because of a mental or physical
condition.
Another provision of law provides immunity specifically to physicians, dentists, and pharmacists
who in good faith file charges or present evidence of incompetency or gross misconduct against
another member of their profession before the Medical Quality Assurance Commission, the
Dental Quality Assurance Commission, or the Board of Pharmacy.
Summary of Bill:
The immunity granted to physicians, dentists, and pharmacists who in good faith file charges or
present evidence to a disciplining authority about incompetence or misconduct of another
physician, dentist, or pharmacist is expanded to:
A health care professional who prevails in a civil action on the good faith defense provided in this immunity statute is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.