SENATE BILL REPORT
SB 5504


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.

As of January 23, 2007

Title: An act relating to the uniform sanctioning of health care professionals.

Brief Description: Providing for uniform sanctioning of health care professionals.

Sponsors: Senators Keiser, Kohl-Welles, Franklin, Marr and Carrell.

Brief History:

Committee Activity: Health & Long-Term Care:


SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Staff: Edith Rice (786-7444)

Background: Under the Uniform Disciplinary Act, health profession disciplinary authorities have the ability to take a variety of disciplinary actions against members of the health profession who have committed unprofessional conduct. Disciplinary actions can include revocation or suspension of a license, restriction on practice, remedial education, censure or reprimand, payment of fines, and corrective action. Unprofessional conduct is defined by statute under RCW 18.130.180. The statute lists 25 categories of conduct, acts, or conditions which constitute unprofessional conduct for any license holder or applicant. Some examples include: conduct involving moral turpitude, misrepresentation in obtaining a license, incompetence, violation of drug laws, failure to cooperate with disciplinary authorities, and conflicts of interest. In determining appropriate disciplinary action for unprofessional conduct, the disciplinary authority must first consider the sanctions necessary to protect or compensate the public.

Summary of Bill: The Secretary of the Department of Health must develop a schedule defining a range of disciplinary sanctions applicable to all health care profession disciplinary authorities. This schedule of disciplinary sanctions is to be applied when a license holder has been found to have committed unprofessional conduct. It must provide for mitigating and aggravating circumstances, as well as instances where there have been multiple findings of unprofessional conduct. The Secretary must consider maintaining consistent sanction determinations and balance protection of public health with the rights of health care providers. The disciplining authority must consider this sanction schedule in determining appropriate action, and if the schedule allows for any flexibility must first consider what sanctions are necessary to protect or compensate the public

Appropriation: None.

Fiscal Note: Requested on January 23, 2007.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.