BILL REQ. #: H-0720.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/24/11. Referred to Committee on Health Care & Wellness.
AN ACT Relating to providing greater transparency to the health professions disciplinary process; and adding a new section to chapter 18.130 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 and shall promptly respond to inquiries made by the person or
entity regarding the status of the complaint or report.
(2)(a) Except as provided in (b) of this subsection, the
disciplining authority shall, upon request, provide 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 complainant or his or her representative, if any, an
opportunity to be heard through an oral or written victim impact
statement about the effect of the victim's injury on the victim and his
or her family and on a recommended sanction.
(b) If the subject of the proceeding is not present at the
disciplinary proceeding, the disciplining authority shall transmit the
victim impact statement to the subject of the proceeding, 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 disciplining authority upon request.
(4) A disciplining authority shall inform, in writing, the person
or entity submitting the complaint or report of the final disposition
of the complaint or report.
(5) Within thirty days of receiving notice under subsection (4) of
this section, the person or entity submitting the complaint or report
may request the disciplining authority to reconsider its decision. The
request for reconsideration may contain supplemental information
relating to the original complaint or report. The disciplining
authority shall, within thirty days of receiving the request for
reconsideration, notify the person or entity in writing of the
disciplining authority's final decision on the request, including an
explanation of the reasoning behind the decision.