SENATE BILL REPORT

SB 5857

BYSenators 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)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON HUMAN SERVICES & CORRECTIONS, MARCH 5, 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 permitted to enter into an agreement with a physician 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 broadly representative of the states's physicians and include representation of the state medical association.

The program is funded through a surcharge of fifteen dollars placed on each new and renewed physician license.

The physician committee consults with the board with regard to statistical information on impaired physicians and investigations conducted.  The commission reports 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 directs the committee to evaluate any physician it believes to be impaired.  The findings of the committee are reported to the board.

An impaired physician may request the board to restrict his or her license to practice.

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

Physicians successfully completing the treatment programs shall not be excluded from any hospital staff because of participation in the program.

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

Fiscal Note:      requested

EFFECT OF PROPOSED SUBSTITUTE:

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.

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