SENATE BILL REPORT
SB 6470
BYSenators 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
Senate Hearing Date(s):January 20, 1988; January 26, 1988
Majority Report: That Substitute Senate Bill No. 6470 be substituted therefor, and the substitute bill do pass.
Signed by Senators Deccio, Chairman; Johnson, Vice Chairman; Kreidler, Niemi, Smith, Wojahn.
Senate Staff:Scott Plack (786-7409)
January 27, 1988
AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, JANUARY 26, 1988
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.
Currently, 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 health professions subject to the Uniform Disciplinary Act (Chapter 18.130 RCW) may refer license holders to substance abuse monitorial programs.
The disciplinary authorities shall select approved substance abuse programs. The cost of the program is the responsibility of the license holder.
Referrals 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.
The disciplinary authority shall establish rules precluding disciplinary action for substance abuse against license holders who self-refer to an approved program.
The programs shall report to disciplinary authorities concerning license holders who fail to complete substance abuse treatment or are unable to continue their practice with reasonable skill or safety.
The records of substance abuse treatment programs are confidential and not subject to subpoena or admissible as evidence except when the license holder fails to complete treatment or is deemed as unable to practice with reasonable skill or safety.
Substance abuse is defined.
Employers retain the right to make employment-related decisions about license holders participating in substance abuse treatment.
Participation in substance abuse treatment does not prohibit the disciplinary authority from taking disciplinary action for other unprofessional conduct.
EFFECT OF PROPOSED SUBSTITUTE:
Legislative intent is declared.
The disciplinary authority shall not determine unprofessional conduct as the result of substance abuse. The disciplinary authority may refer a license holder to a substance abuse monitoring program if it suspects unprofessional conduct may be 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.
Substance abuse treatment must be provided by an "approved program" authorized by chapters 70.96A.020(2) or 69.54.030. 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 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.
License holders may reenter a program if they have previously failed to comply with this section.
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.
The Board of Pharmacy also may establish a substance abuse monitoring program for pharmacists and pharmacy assistants. The Board of Pharmacy is declared the disciplinary authority.
A general fund appropriation of up to $5,000 is made to the Board of Pharmacy to establish the program. Licensure fees are to be adjusted to offset the appropriations and pay for the program.
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
Revenue: none
Fiscal Note: available
Senate Committee - Testified: Jean Sullivan, WSNA; Greg Hanon, Washington State Veterinary Association; Mike Ryherd, WSMA; Linda Grant, Association of Alcoholism Programs; Trisha Pearce, WSNA; Wes Hamilton, DSHS; Jeff Larsen, Washington Osteopathic Medicine Association; Robert Van Schoorl, Department of Licensing; Don Williams, Board of Pharmacy