BILL REQ. #:  H-3677.1 

Prefiled 01/05/10. Read first time 01/11/10.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the disciplinary process of the medical quality assurance commission; and amending RCW 18.71.019.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.71.019 and 1996 c 195 s 1 are each amended to read as follows:
     (1) The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter.
     (2) When a panel of the commission revokes a license, the respondent may request review of the revocation order of the panel by the remaining members of the commission not involved in the initial investigation. The respondent's request for review must be filed within twenty days of the effective date of the order revoking the respondent's license. The review shall be scheduled for hearing by the remaining members of the commission not involved in the initial investigation within sixty days. The commission shall adopt rules establishing review procedures.
     (3)(a) In addition to the requirements of RCW 18.130.095, the secretary or the commission, as applicable, shall provide to a complainant a written explanation of any determination pertaining to his or her complaint including, but not limited to, a determination to initiate an investigation, a determination to close a complaint without investigation, a determination of whether to initiate a formal disciplinary hearing, a finding of unprofessional conduct following a hearing, or a finding that unprofessional conduct did not occur following a hearing.
     (b) Within sixty days of receiving a written explanation from the secretary or commission under (a) of this subsection, the complainant may appeal the determination to an administrative law judge in accordance with chapter 34.05 RCW.
     (c) Within sixty days of receiving a decision under (b) of this subsection, the complainant may request judicial review of the decision in accordance with chapter 34.05 RCW.
     (d) Following a ruling in favor of the complainant under (b) or (c) of this subsection, the secretary or the commission, as appropriate, shall continue to pursue the case against the license holder.
     (4)(a) Prior to any final decision on any disciplinary proceeding before the commission, the commission shall provide the complainant or his or her representative an opportunity to be heard through an oral or written victim impact statement, or both, at the victim's or his or her representative's option, about the impact of the victim's injury on the victim and his or her family and on a recommended sanction.
     (b) The commission shall make reasonable efforts to ensure that the victim or his or her representative be given the opportunity to provide the impact statement in the presence of the physician who is the subject of the disciplinary proceeding, unless the physician is not present at the proceeding. If the physician is not present, the commission shall transmit the impact statement to the physician who shall certify to the commission that he or she has received and read it.
     (c) For purposes of this subsection, representatives of the victim include his or her family members and such other affected parties as may be designated by the commission upon request.