SENATE BILL REPORT
SB 5907


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 February 16, 2007

Title: An act relating to mandatory reporting of unprofessional conduct.

Brief Description: Requiring health professionals to report unprofessional conduct by other health professionals.

Sponsors: Senator Keiser.

Brief History:

Committee Activity: Health & Long-Term Care: 2/21/07.


SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Staff: Edith Rice (786-7444)

Background
Under the Uniform Disciplinary Act any person can submit a written complaint charging a licensed health professional or applicant with unprofessional conduct. 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 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.

As the result of the passage of Substitute House Bill 2974 from the 2006 Legislative Session, the Department of Health is developing rules to require every license holder to report any conviction, determination or finding that another license holder has committed unprofessional conduct.
Licensed health professionals are also required to report any finding that he or she has committed unprofessional conduct to the disciplining authority.

Licensed health professionals who in good faith make a report of unprofessional conduct against another licensed health professional, are immune from civil damages in regards to that report.

Summary of Bill: Any member of a licensed health profession who has reasonable cause to believe that another member of a licensed health profession has committed an act of unprofessional conduct must report the act to the appropriate disciplinary authority. Failure to do so amounts to unprofessional conduct. Licensed health professionals who make such a report in good faith are immune from civil damages.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

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