H-3520              _______________________________________________

                                                   HOUSE BILL NO. 2553

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Prentice, Brooks, Morris, Sprenkle, Wolfe, Day and May

Read first time 1/15/90 and referred to Committee on Health Care.

AN ACT Relating to the uniform disciplinary act; and amending RCW; 18.130.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 7, chapter 279, Laws of 1984 as last amended by section 19, chapter 373, Laws of 1989 and RCW 18.130.070 are each amended to read as follows:

          (1) The disciplining authority may adopt rules requiring any person, including, but not limited to, licensees, corporations, organizations, health care facilities, and state or local governmental agencies, to report to the disciplining authority any conviction, determination, or finding that a license holder has committed an act which constitutes unprofessional conduct, or to report information which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition.  To facilitate meeting the intent of this section, the cooperation of agencies of the federal government is requested by reporting any conviction, determination, or finding that a federal employee or contractor regulated by the disciplinary authorities enumerated in this chapter has committed an act which constituted unprofessional conduct and reporting any information which indicates that a federal employee or contractor regulated by the disciplinary authorities enumerated in this chapter may not be able to practice his or her profession with reasonable skill and safety as a result of a mental or physical condition.

          (2) If a person fails to furnish a required report, the disciplining authority may petition the superior court of the county in which the person resides or is found, and the court shall issue to the person an order to furnish the required report.  A failure to obey the order is a contempt of court as provided in chapter 7.21 RCW.

          (3) A person is immune from civil liability, whether direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section.

          (4) The holder of a license subject to the jurisdiction of this chapter shall report to the disciplining authority any conviction, determination, or finding that the licensee has committed unprofessional conduct or is unable to practice with reasonable skill or safety.  Failure to report within thirty days of notice of the conviction, determination, or finding constitutes grounds for disciplinary action.

(5) The contents of any report filed under this section shall be confidential and exempt from public disclosure under chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved, the licensee's counsel, or authorized representative who may submit any additional exculpatory or explanatory statements or other information.  The statements or other information shall be included in the file; or (b) by a representative or investigator of the disciplinary authority who has been assigned to review the activities of the licensee.

Upon a determination that a report is without merit, the disciplining authority's records may be purged of information relating to the report.