SHB 1493 -
By Committee on Health & Long-Term Care
ADOPTED AND ENGROSSED 4/7/11
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 18.130
RCW to read as follows:
(1) A disciplining authority shall provide a person or entity
making a complaint or report under RCW 18.130.080 with a reasonable
opportunity to supplement or amend the contents of the complaint or
report. The license holder must be provided an opportunity to respond
to any supplemental or amended complaint or report. The disciplining
authority shall promptly respond to inquiries made by the license
holder or the person or entity making a complaint or report regarding
the status of the complaint or report.
(2)(a) Pursuant to chapter 42.56 RCW, following completion of an
investigation or closure of a report or complaint, the disciplining
authority shall, upon request, provide the license holder or the person
or entity making the complaint or report with a copy of the file
relating to the complaint or report, including, but not limited to, any
response submitted by the license holder under RCW 18.130.095(1).
(b) The disciplining authority may not disclose documents in the
file that:
(i) Contain confidential or privileged information regarding a
patient other than the person making the complaint or report; or
(ii) Contain information exempt from public inspection and copying
under chapter 42.56 RCW.
(c) The exemptions in (b) of this subsection are inapplicable to
the extent that the relevant information can be deleted from the
documents in question.
(d) The disciplining authority may impose a reasonable charge for
copying the file consistent with the charges allowed for copying public
records under RCW 42.56.120.
(3)(a) Prior to any final decision on any disciplinary proceeding
before a disciplining authority, the disciplining authority shall
provide the person submitting the complaint or report or his or her
representative, if any, an opportunity to be heard through an oral or
written impact statement about the effect of the person's injury on the
person and his or her family and on a recommended sanction.
(b) If the license holder is not present at the disciplinary
proceeding, the disciplining authority shall transmit the impact
statement to the license holder, who shall certify to the disciplining
authority that he or she has received it.
(c) For purposes of this subsection, representatives of the person
submitting the complaint or report include his or her family members
and such other affected parties as may be designated by the
disciplining authority upon request.
(4) A disciplining authority shall inform, in writing, the license
holder and person or entity submitting the complaint or report of the
final disposition of the complaint or report.
(5)(a) If the disciplining authority closes a complaint or report
prior to issuing a statement of charges under RCW 18.130.090 or a
statement of allegations under RCW 18.130.172, the person or entity
submitting the report may, within thirty days of receiving notice under
subsection (4) of this section, request the disciplining authority to
reconsider the closure of the complaint or report on the basis of new
information relating to the original complaint or report. A request
for reconsideration made under this subsection may only be brought in
relation to the original complaint and may only be brought one time.
(b) The disciplining authority shall, within thirty days of
receiving the request for reconsideration, notify the license holder of
the request and the new information providing the basis therefor. The
license holder has thirty days to provide a response. The disciplining
authority shall notify the person or entity and the license holder in
writing of its final decision on the request for reconsideration,
including an explanation of the reasoning behind the decision."
SHB 1493 -
By Committee on Health & Long-Term Care
ADOPTED 4/7/11
On page 1, line 2 of the title, after "process;" strike the remainder of the title and insert "and adding a new section to chapter 18.130 RCW."