HB 1300

HB 1300

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: Modifying the powers and duties of health care disciplining authorities.

Sponsors: Representatives Morrell, Campbell, Cody, Curtis, Schual-Berke, Green and Moeller; by request of Department of Health.

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.

Individuals who have been convicted of a felony may not be disqualified from government employment or the practice of a profession or business that requires a license, solely because of the prior conviction. There is an exception for situations in which the conviction is directly related to the employment or the profession or business at issue and less than ten years has passed.

Defendants who have completed their probation may have their records of convictions vacated and be released of any penalties and disabilities that arose from the conviction. In addition, the conviction is prohibited from being disseminated or disclosed by either the Washington State Patrol or local law enforcement agencies.

Summary of Bill:

The circumstances for which a disciplining authority may deny an application for a health care provider credential or issue the credential with conditions are specified. These circumstances are where the applicant:

When determining the disposition of an application in which the applicant's mental or physical condition is at issue, the disciplining authority may require the applicant to submit to a mental or physical examination at his or her expense. If the applicant does not submit to an examination, the disciplining authority may deny the application. An applicant is deemed to have waived all objections to the admissibility of the testimony or reports of the health care provider who performed the physical, mental, or psychological examination.

Credentialed health care providers are required to produce any documents, records, or other items within twenty-one days of a request by a disciplining authority. If a health care provider fails to produce the materials or obtain an extension, the disciplining authority may issue a citation and assess a maximum fine of $500 for each day that the materials are not produced. The citation must contain specific provisions, including notification to the health care provider that he or she may request a hearing within twenty days of the issuance of the citation.

A credentialed health care provider who has surrendered his or her credential or had it revoked may not petition the disciplining authority for reinstatement. The exemption for defendants who have completed their probation to have the records of their convictions vacated and the disclosure of that conviction not be distributed by the Washington State Patrol or local law enforcement agencies does not apply to the Uniform Disciplinary Act. Health care provider credentials are exempt from protections that prevent a person from being disqualified to practice a profession for no more than ten years when he or she has a prior felony conviction.

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

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Health Care & Wellness Committee