Z-1552               _______________________________________________

                                                   HOUSE BILL NO. 1735

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Braddock, P. King, Brekke and Ebersole;by request of Department of Licensing

Read first time 1/25/88 and referred to Committee on Health Care. Referred to Committee on Ways & Means 2/5/88.

AN ACT Relating to substance abuse by health care professionals; adding a new section to chapter 18.130 RCW; and making an appropriation.

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) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct is the result of substance abuse, the disciplining authority may refer the license holder to a voluntary substance abuse monitoring program approved by the disciplining authority.

           The cost of the program shall be the responsibility of  the license holder.  Referral of the license holder to the program shall be done only with the consent of the license holder. Referral to the program may also include probationary conditions for a designated period of time.  If the license holder does not consent to be referred to the program or does not successfully complete the program, the disciplining authority may take appropriate action under RCW 18.130.160.

          (2) In addition to approving substance abuse monitoring programs that may receive referrals from the disciplining authority, the disciplining authority shall establish by rule requirements for participation of license holders who are not being investigated or monitored by the disciplining authority for substance abuse.  License holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action under RCW 18.130.160 for their substance abuse if they meet the requirements of this section and the program in which they are participating.

          (3) The license holder shall sign a waiver allowing the program to release information to the disciplining authority if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.  The substance abuse program shall report to the disciplining authority any license holder who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to practice with reasonable skill or safety.  License holders shall report to the disciplining authority if they fail to comply with this section or do not complete the program's requirements.

          (4) The treatment records of license holders referred to or voluntarily participating in approved programs shall be confidential, shall be exempt from RCW 42.17.250 through 42.17.450, and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the disciplining authority for cause as defined in subsection (3) of this section.  Records relating to license holders referred to the program by the disciplining authority or relating to license holders reported to the disciplining authority by the program for cause, shall be released to the disciplining authority at the request of the disciplining authority.  Records held by the disciplining authority under this section shall be exempt from RCW 42.17.250 through 42.17.450 and shall not be subject to discovery by subpoena except by the license holder.

          (5) "Substance abuse," as used in this section, means the impairment, as determined by the disciplining authority, of a license holder's professional services by an addiction to, a dependency on, or the use of alcohol, legend drugs, or controlled substances.

          (6) This section does not affect an employer's right or ability to make employment-related decisions regarding a license holder.  This section does not restrict the authority of the disciplining authority to take disciplinary action for any other unprofessional conduct.

NEW SECTION. Sec. 2.     There is appropriated from the health professions account to the department of licensing for the biennium ending June 30, 1989, the sum of thirty-nine thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.