Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Health Care & Wellness Committee |
SSB 5752
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: Regarding cost recovery in disciplinary proceedings involving dentists.
Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Marr, Pflug, Hobbs and Keiser).
Brief Summary of Substitute Bill |
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Hearing Date: 3/12/09
Staff: Jim Morishima (786-7191)
Background:
The Dental Quality Assurance Commission (DQAC) is responsible for the licensure and discipline of dentists. The DQAC, staff from the Department of Health, and office of the Attorney General perform a variety of tasks related to the disciplinary process, including reviewing complaints, investigating possible violations, evaluating evidence, and conducting hearings. Cases involving unprofessional conduct may be resolved after an adjudicatory proceeding (governed by the Administrative Procedures Act) or by stipulated agreement. A dentist against whom action is taken by the DQAC may appeal to courts.
The costs relating to the disciplinary and licensing activities of the DQAC are borne by licensed dentists via fees.
Summary of Bill:
In a contested disciplinary hearing where sanctions are imposed upon a dentist, the DQAC must assess upon the dentist a fee to partially recover the state's hearing expenses. The fee must consist of:
$6,000 for every full day of hearing and $3,000 for every partial day of hearing; and
up to $10,000 as partial recovery of reasonable investigation and hearing preparation expenses.
In a disciplinary proceeding involving a dentist that is resolved by an agreement prior to completion of a contested hearing, the DQAC must assess upon the dentist a fee of up to $10,000 as partial recovery of reasonable investigation and hearing preparation expenses. In a case resolved by stipulated informal disposition, the fee may not exceed $2,000 per allegation.
If a dentist seeks judicial review of a disciplinary action where a partial recovery fee was assessed, the court must impose a partial cost recovery fee of $25,000 unless the license holder achieves a substantial element of relief.
The DQAC or a court may waive a fee if it would create a substantial undue hardship for the dentist or it would be manifestly unjust to assess the fee given the circumstances of the case. All fee recoveries and reimbursements must be deposited in the Health Professions Account and allocated to the DQAC. The fee recoveries must be fully credited in reduction of actual or projected expenditures used to determine dentist license renewal fees.
Appropriation: None.
Fiscal Note: Requested 3/6/09.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.