| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Health Care & Wellness Committee | |
HB 1101
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Providing for uniform sanctioning of health care professionals.
Sponsors: Representatives Campbell, Green, Cody, Hudgins, Moeller and Wallace.
Brief Summary of Bill |
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Hearing Date: 1/22/07
Staff: Chris Blake (786-7392).
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. Responsibilities in the
disciplinary process are divided between the Secretary of Health (Secretary) and the 14 health
profession boards and commissions (collectively known as "disciplining authorities") according
to the profession that the health care provider is a member of and the relevant step in the
disciplinary process.
After investigating a complaint or report of unprofessional conduct, the disciplining authority
must decide what disciplinary action is warranted by the evidence. The case may be closed
without further action, pursued through an informal action in the form of a statement of
allegations, or pursued through a formal action in the form of a statement of charges.
Upon a finding of an act of unprofessional conduct, the disciplining authority decides which
sanctions should be ordered. These sanctions include: revocation of a license, suspension of a
license, restriction of the practice, mandatory remedial education or treatment, monitoring of the
practice, censure or reprimand, conditions of probation, payment of a fine, denial of a license
request, corrective action, refund of billings, and surrender of the license. In the selection of a
sanction the first consideration is what is necessary to protect or compensate the public, and the
second consideration is what may rehabilitate the health care provider or applicant.
In May 2006, the Department of Health published sanctioning guidelines to assist in (1)
determining the type of action to take following an investigation and (2) selecting which sanction
should be imposed following a finding of unprofessional conduct. The guidelines include a
range of sanctions for seven categories of unprofessional conduct and list several aggravating and
mitigating circumstances that may be considered. The guidelines apply to the twenty-three health
professions regulated by the Secretary, but are not binding on the professions regulated by the
other boards and commissions.
Summary of Bill:
The Secretary shall establish a schedule to define appropriate ranges of sanctions to apply to a
credentialed health care provider for acts of unprofessional conduct. The schedule must identify
aggravating and mitigating circumstances to reduce or enhance a sanction for each act of
unprofessional conduct. The Secretary must consider the maintenance of consistent sanction
determinations that balance the protection of the public's health and the rights of health care
providers. The schedule shall apply to all disciplining authorities and shall be developed with the
advice and consultation of the health profession boards and commissions. Disciplining
authorities must apply sanctions in accordance with the schedule.
Appropriation: None.
Fiscal Note: Requested on January 17, 2007.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.