BILL REQ. #:  H-0851.1 

Read first time 02/04/2005.   Referred to Committee on Health Care.

     AN ACT Relating to alternative disciplinary process for physicians and physician assistants; amending RCW 18.130.090; adding new sections to chapter 18.130 RCW; creating new sections; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that professional discipline is a critical function of ensuring quality health care for the people of the state of Washington, and that an alternative disciplinary process for some professions will strengthen that process.

Sec. 2   RCW 18.130.090 and 1993 c 367 s 1 are each amended to read as follows:
     (1) If the disciplining authority determines, upon investigation, that there is reason to believe a violation of RCW 18.130.180 has occurred, a statement of charge or charges shall be prepared and served upon the license holder or applicant at the earliest practical time. The statement of charge or charges shall be accompanied by a notice that the license holder or applicant may request a hearing to contest the charge or charges.
     (2) For license holders and applicants under chapter 18.71 or 18.71A RCW, the disciplining authority shall file the statement of charges with the superior court in the county in which the license holder provided the care or committed the act that is the subject of the complaint. The license holder or applicant must file a request for hearing with the superior court in which the statement of charges has been filed within twenty days after being served the statement of charges. If the twenty-day limit results in a hardship upon the license holder or applicant, he or she may request for good cause an extension not to exceed sixty additional days. If the superior court finds that there is good cause, it shall grant the extension. The failure to request a hearing constitutes a default, whereupon the superior court may enter a decision on the basis of the facts available to it. If a hearing is requested, the hearing shall be held pursuant to section 4 of this act.
     (3) For license holders and applicants not covered by subsection (2) of this section, the license holder or applicant must file a request for hearing with the disciplining authority within twenty days after being served the statement of charges. If the twenty-day limit results in a hardship upon the license holder or applicant, he or she may request for good cause an extension not to exceed sixty additional days. If the disciplining authority finds that there is good cause, it shall grant the extension. The failure to request a hearing constitutes a default, whereupon the disciplining authority may enter a decision on the basis of the facts available to it.
     (((2))) If a hearing is requested, the time of the hearing shall be fixed by the disciplining authority as soon as convenient, but the hearing shall not be held earlier than thirty days after service of the charges upon the license holder or applicant.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.130 RCW to read as follows:
     (1) A complainant dissatisfied with the decision of the disciplining authority regarding a license holder or applicant under chapter 18.71 or 18.71A RCW may appeal that decision to the prosecuting attorney in the county in which the license holder provided the care or committed the act that is the subject of the complaint. If the prosecuting attorney determines, upon investigation, that there is reason to believe a violation of RCW 18.130.180 has occurred, a statement of charge or charges shall be prepared and served upon the license holder or applicant at the earliest practical time. The statement of charge or charges shall be accompanied by a notice that the license holder or applicant may request a hearing to contest the charge or charges. The decision of the prosecuting attorney as to filing charges is final and may not be appealed by the complainant or disciplining authority in any forum.
     (2) The prosecuting attorney shall file the statement of charges with the superior court. The license holder or applicant must file a request for hearing with the superior court in which the statement of charges has been filed within twenty days after being served the statement of charges. If the twenty-day limit results in a hardship upon the license holder or applicant, he or she may request for good cause an extension not to exceed sixty additional days. If the superior court finds that there is good cause, it shall grant the extension. The failure to request a hearing constitutes a default, whereupon the superior court may enter a decision on the basis of the facts available to it. If a hearing is requested, the hearing shall be held pursuant to section 4 of this act.
     (3) If the prosecuting attorney files a statement of charges, he or she shall also serve as the disciplining authority as to the settlement function in RCW 18.130.098. All settlements are subject to the approval of the superior court in which the statement of charges was filed pursuant to this section or RCW 18.130.090.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.130 RCW to read as follows:
     (1) If a disciplinary authority under RCW 18.130.090 or a prosecuting attorney under section 3 of this act files a statement of charges in superior court, the superior court shall serve as the disciplinary authority for purposes of RCW 18.130.160 and shall serve as the hearing authority for purposes of RCW 18.130.170(1).
     (2) The superior court shall hold hearings requested under RCW 18.130.090 or section 3 of this act in accordance with the civil and related rules of the superior courts.
     (3) The superior court shall grant an expedited hearing upon a petition filed by:
     (a) The disciplinary authority or county prosecutor on the grounds of jeopardy to the health and safety of patients caused by delay; or
     (b) The license holder on the grounds of undue prejudice caused by delay.
     (4) Appeals from the decision of the superior court are governed by the court rules governing appeals in civil matters from the superior courts.

NEW SECTION.  Sec. 5   The supreme court may implement this act through court rule.

NEW SECTION.  Sec. 6   This act takes effect January 1, 2006.