FINAL BILL REPORT

SSB 6470

                                  C 247 L 88

BYSenate Committee on Health Care & Corrections (originally sponsored by Senators Deccio, Niemi, Kreidler and Johnson; by request of Department of Licensing)

Providing a voluntary substance abuse program for health care licensees.

Senate Committee on Health Care & Corrections

House Committe on Health Care

SYNOPSIS AS ENACTED

BACKGROUND:

Substance abuse is a growing problem in the health care professions.  Many health professionals routinely have access to prescription drugs as a part of their practice and a high potential for abuse exists.  In addition, health professionals have stressful jobs which make them susceptible to drug and alcohol abuse problems. 

The health professional disciplinary authorities and others are concerned about the public safety and personal health risks resulting from impaired health professionals.

Only the Medical Disciplinary Board has statutory authority to refer physicians to treatment programs.  The other disciplinary authorities are interested also in having authority to refer the impaired health professionals they regulate to treatment programs.

SUMMARY:

The disciplinary authorities for the health professions regulated by the Uniform Disciplinary Act and the Board of Pharmacy may refer license holders to a substance abuse monitoring program if they suspect unprofessional conduct is the result of substance abuse.

The cost of substance abuse treatment is the responsibility of the license holder. A license holder's substance abuse treatment can be paid for by employers, third party insurers or others.

Referrals by the disciplinary authority shall be voluntary and may include probation from practice.  The disciplinary authority may take disciplinary action against a license holder who refuses to consent to substance abuse treatment.  License holders who self refer to approved programs shall not have their participation made known to the disciplinary authority unless that license holder is unable to practice with safety and skill. Participation in substance abuse treatment does not prohibit the disciplinary authority from taking disciplinary action for other unprofessional conduct.

Substance abuse treatment must be provided by an "approved program" authorized by the Department of Social and Health Services.  Adjunct services can be provided by other programs approved by the disciplinary authority.  The disciplinary authority may approve the use of out-of-state programs.

License holders may reenter a program if they have previously failed to comply with this section.

The pre-treatment and treatment records of substance abuse treatment programs are confidential and not subject to subpoena or admissible as evidence.

Immunity from civil liability is provided for individuals, programs, professional associations and others for referring license holders to treatment or for implementing the substance abuse program.

Employers retain the right to make employment-related decisions about license holders participating in substance abuse treatment.

Appropriation:    $39,000 from the health professions account to the Department of Licensing; up to $5,000 from the general fund to the Board of Pharmacy

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 93   0 (House amended)

      Senate    43     0 (Senate concurred)

EFFECTIVE:June 9, 1988