SENATE BILL REPORT
SB 6458
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 Reported By Senate Committee On:
Health & Long-Term Care, January 28, 2008
Ways & Means, February 12, 2008
Title: An act relating to regulation of health professionals.
Brief Description: Improving patient safety through increased regulation of health professionals.
Sponsors: Senators Keiser, Shin and Kohl-Welles; by request of Governor Gregoire.
Brief History:
Committee Activity: Health & Long-Term Care: 1/24/08, 1/28/08 [DP-WM, w/oRec].
Ways & Means: 2/11/08, 2/12/08 [DPS, w/oRec].
SENATE COMMITTEE ON HEALTH & LONG-TERM CARE
Majority Report: Do pass and be referred to Committee on Ways & Means.Signed by Senators Keiser, Chair; Franklin, Vice Chair; Fairley, Kastama, Kohl-Welles, and Marr.
Minority Report: That it be referred without recommendation.Signed by Senators Pflug, Ranking Minority Member; Carrell, and Parlette.
Staff: Edith Rice (786-7444)
SENATE COMMITTEE ON WAYS & MEANS
Majority Report: That Substitute Senate Bill No. 6458 be substituted therefor, and the substitute bill do pass.Signed by Senators Fraser, Vice Chair, Capital Budget Chair; Pridemore, Vice Chair, Operating Budget; Zarelli, Ranking Minority Member; Brandland, Carrell, Hatfield, Hewitt, Hobbs, Keiser, Kohl-Welles, Parlette, Rasmussen, Roach, Rockefeller, Schoesler and Tom.
Minority Report: That it be referred without recommendation.Signed by Senators Honeyford and Regala.
Staff: Maria Hovde (786-7710)
Background: In May of 2006 the Governor requested the State Auditor to conduct a
performance audit of the state's Health Professions' Quality Assurance at the Department of
Health (Department). I-900, approved in November 2005, gave the State Auditor the authority
to conduct independent, comprehensive performance audits to state and local government entities.
A Performance Audit Report was issued (Report No. 1000002, August 21, 2007). The release
of this report requires that public testimony be taken within 30 days of the report's publication.
The Legislature must consider the recommendations made in the report during the budgeting
process and issue an annual report by July 1 detailing the Legislature's progress in responding to
the State Auditor's recommendations. The report must justify any recommendations the
Legislature did not respond to and detail additional corrective measure taken.
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 the Department and the 14 health
profession boards and commissions (collectively known as disciplinary authorities). 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.
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 (WSP) or local law enforcement agencies.
Summary of Bill (Recommended Substitute): The disciplinary authority (which may be
Secretary of the Department or one of the health profession boards or commissions) is allowed
to grant a license subject to conditions. A disciplinary authority can deny an application for a
variety of reasons including: having had his or her license revoked in another jurisdiction,
unprofessional conduct, certain crimes, or failure to establish that he or she is qualified. This
denial may be appealed. The disciplinary authority has the ability to require that an applicant
submit to a mental, physical or psychological examination.
The disciplinary authority is authorized to fine or issue a citation to health care providers who do
not respond timely to requests for documents during an investigation. Providers are given 21 days
to produce requested documents and can ask for an extension.
The disciplinary authority can permanently revoke a license if a licensee cannot be rehabilitated
or regain the ability to practice with reasonable skill and safety. Once a license is surrendered or
revoked it is not subject to a petition for reinstatement.
The Secretary of the Department is authorized to receive criminal history information, including
non-conviction data in association with investigation or licensing under this chapter. Non-conviction data cannot be used or disseminated unless authorized under this chapter.
This list of convictions that are cross-checked with the WSP's database are expanded to include
financial crimes, drug crimes, and all felonies.
The State Auditor's recommendation to transfer disciplinary authority from the boards and
commissions to the Department is not included in this bill.
The Medical Quality Assurance Commission (MQAC) Pilot Project is created, beginning July
1, 2008 to last for three years. The pilot project will evaluate the effect of the MQAC having
increased authority over budgeting and staffing issues. The Secretary of the Department of Health
will hire an executive director for MQAC with approval from the MQAC. The Executive Director
will manage employees and prepare a budget. The MQAC and the Secretary will develop key
performance measures and report results to the Legislature and the Governor by December 15,
2012.
EFFECT OF CHANGES MADE BY WAYS & MEANS COMMITTEE (Recommended Substitute): Specifies that standards of practice for the profession must be used when conducting investigations of complaints or reports of unprofessional conduct, and when reviewing criminal history information. Creates The Medical Quality Assurance Commission (MQAC) Pilot Project, beginning July 1, 2008 to last for three years. The pilot project will evaluate the effect of the MQAC having increased authority over budgeting and staffing issues. The Secretary of the Department of Health will hire an executive director for MQAC with approval from the MQAC. The Executive Director will manage employees and prepare a budget. The MQAC and the Secretary will develop key performance measures and report results to the Legislature and the Governor by December 15, 2012.
Appropriation: None.
Fiscal Note: Available.
[OFM requested ten-year cost projection pursuant to I-960.]
Committee/Commission/Task Force Created: No.
Effective Date: The bill contains several effective dates. Please refer to the bill.
Staff Summary of Public Testimony on Original Bill: (Health & Long-Term Care) PRO:
This bill addresses recommendations contained in the State Auditor's report. It gives us useful
tools to improve the quality of health care in Washington.
OTHER: We have specific concerns regarding sections of this bill dealing with license denial,
fines, non-conviction data, and permanent revocation.
Persons Testifying (Health & Long-Term Care): PRO: Christina Hulet, Office of the
Governor; Mary Selecky, Secretary, Department of Health.
OTHER: Anne Piazza, Washington State Nurses Association.
Staff Summary of Public Testimony on Original Bill (Ways & Means): PRO: This bill
includes a number of tools that the Governor believes will be useful to the Department of Health
and the professional boards and commissions in better protecting the public with regard to the
discipline and licensing of health care providers. One of the drivers behind the fiscal note is the
national criminal background for applicants who came from out of state and want to be licensed
in Washington.
OTHER: An amendment is suggested to add language to section 4 and 7 to require a licensed
professional be investigated for any misconduct using the standards of practice of that profession.
Persons Testifying (Ways & Means): PRO: Christina Hulet, Governor's policy office.
CON: Hoyt Suppres, National Association of Social Workers.