BILL REQ. #:  H-5049.1 

READ FIRST TIME 2/7/06.   

     AN ACT Relating to health professions background checks; amending RCW 18.130.310; adding new sections to chapter 18.130 RCW; adding a new section to chapter 43.70 RCW; and providing effective dates.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.130 RCW to read as follows:
     (1) This section applies to individuals who apply for an initial license under this chapter on or after the effective date of this section.
     (2) The department shall adopt rules:      
     (a) To require a state background check through the state patrol on each applicant for an initial license. The background check may be fingerprint-based at the discretion of the department; and
     (b) To specify those situations where a background check under (a) of this subsection is inadequate and an applicant for an initial license must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has lived out-of-state recently or where the applicant has a criminal record in Washington.
     (3) The background check required under subsection (2) of this section must be completed before the license is issued.
     (4) The department shall:
     (a) Require the applicant to submit full sets of fingerprints if necessary to complete the background check;
     (b) Require the applicant to submit any fees, except as precluded by RCW 43.70.110, and other information required by the state patrol;
     (c) Notify the applicant of the results of the background check; and
     (d) Restrict use of the background check results to determining the individual's suitability for a license.
     (5) When deciding whether or not to issue a license, the disciplining authority shall consider the results of a background check that reveal a conviction for any criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2).

NEW SECTION.  Sec. 2   A new section is added to chapter 18.130 RCW to read as follows:
     (1) This section applies to license holders.
     (2) The department shall adopt rules to require a review of the federal national practitioner data bank and the federal healthcare integrity and protection data bank for each license holder for a profession that is covered by either of these data banks.
     (3) The department shall establish a schedule for conducting the reviews in subsection (2) of this section. The schedule shall require all license holders to have a review conducted within four years of the effective date of this section and at least every four years thereafter. If three successive reviews conducted at regular intervals over the following twelve years show that no reports that constitute unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2) have been reported, no further reviews are required unless the department has probable cause to believe that such a review is warranted.
     (4) The department shall:
     (a) Require the license holder to submit any fees or information necessary to complete a review required by subsection (2) of this section;
     (b) Restrict use of the results of any review to determining the individual's suitability for a license.
     (5) The disciplining authority shall initiate appropriate disciplinary actions against an individual if a review required by subsection (2) of this section and any subsequent investigation reveals activity that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2).
     (6) The license holder shall report to the disciplining authority and to the individual's employer any conviction occurring after the effective date of this section for a criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2). The report must be made within fourteen days of the conviction.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.130 RCW to read as follows:
     Nothing in this act limits the authority of the disciplining authority to investigate the suitability of an individual for holding a license.

Sec. 4   RCW 18.130.310 and 1989 1st ex.s. c 9 s 313 are each amended to read as follows:
     Subject to RCW 40.07.040, the disciplinary authority shall submit a biennial report to the legislature on its proceedings during the biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the report shall provide data on the department's background check and health professional data bank review activities conducted under sections 1 and 2 of this act and the effectiveness of those activities in identifying potential license holders who may not be qualified to practice safely. The report may include recommendations for improving the disciplinary process, including proposed legislation. The department shall develop a uniform report format.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.70 RCW to read as follows:
     To implement this act, the department may increase application and renewal fees by amounts that exceed the fiscal growth factor under RCW 43.135.055.

NEW SECTION.  Sec. 6   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 7   (1) Section 1 of this act takes effect July 1, 2007.
     (2) Section 2 of this act takes effect January 1, 2008.