SENATE BILL REPORT

ESSB 5857

BYSenate Committee on Human Services & Corrections (originally sponsored by Senators Wojahn, Deccio, Tanner, Johnson and Vognild)

Establishing the impaired physician program.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):March 2, 1987; March 5, 1987

Majority Report:  That Substitute Senate Bill No. 5857 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.

Senate Staff:Scott Plack (786-7409)

                  April 14, 1987

AS PASSED SENATE, MARCH 13, 1987

BACKGROUND:

Currently, there is no statutorily established program for the treatment of physicians impaired by alcoholism, drug abuse, and mental illness.  Physicians suspected by the Medical Disciplinary Board as having impairment problems are evaluated.  If the Board determines that the physician has an impairment problem, it has the right to impose sanctions prescribed by the Uniform Disciplinary Act.  In most cases the Board requires that physicians enroll in a treatment program acceptable to the Board.  Physicians may also self-refer themselves for treatment for impairment problems.

SUMMARY:

The Medical Disciplinary Board is directed to enter into an agreement with a committee whose purpose is to identify impaired physicians, intervene in cases of verified impairment, and provide treatment and post-treatment.

The committee is composed of physicians who have expertise in the areas of alcoholism, drug abuse, or mental illness.  They are to be broadly representative of the state's physicians.

The impaired physician program is funded through a surcharge of $15 placed on each new and renewed physician license, which is dedicated to the program.

The physician committee shall consult with the Board with regard to statistical information on impaired physicians and investigations conducted.  The commission is required to report to the Board the name of any physician who is believed to constitute an imminent danger to the public or any physician who refuses to cooperate with the committee.

The Board shall direct the committee to evaluate any physician it believes to be impaired.  The findings of the committee are to be reported to the Board.

All committee records pertaining to impaired physicians are confidential and not subject to subpoena or admissible in any legal proceedings.

Freedom from liability is granted to Board and committee members while in the performance of their duties.

An unspecified appropriation from the health profession's account is made to the Department of Licensing for the program.

Appropriation:    $500,200 biennium

Fiscal Note:      requested

Senate Committee - Testified: Dr. Roy Clark, WSMA; Jack Reder, WSMA; Dr. Richard Briggs, WSMA; Mike Ryherd, WSMA; Chris Rose, Dept. of Licensing

HOUSE AMENDMENT:

It is clarified that committee records on impaired physicians are not subject to the public disclosure law.  The impaired physician program will be funded through a surcharge of up to $15 on each new and renewed physician license.  The appropriation is adjusted to reflect the amount estimated in the fiscal note ($501,200).  An emergency clause is added.