H-1149.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1094

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Health Care (originally sponsored by Representatives Skinner, Schual‑Berke, Cody, Campbell, Conway, Ruderman, Dunshee, Alexander, Edmonds, Kenney, Edwards and Kagi)

Read first time .  Referred to Committee on .

Allowing a health care professional to surrender his or her license to practice.

    AN ACT Relating to the surrender of a health care professional's license; and amending RCW 18.130.160.

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

    Sec. 1.  RCW 18.130.160 and 1993 c 367 s 6 are each amended to read as follows:

    Upon a finding, after hearing, that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority may issue an order providing for one or any combination of the following:

    (1) Revocation of the license;

    (2) Suspension of the license for a fixed or indefinite term;

    (3) Restriction or limitation of the practice;

    (4) Requiring the satisfactory completion of a specific program of remedial education or treatment;

    (5) The monitoring of the practice by a supervisor approved by the disciplining authority;

    (6) Censure or reprimand;

    (7) Compliance with conditions of probation for a designated period of time;

    (8) Payment of a fine for each violation of this chapter, not to exceed five thousand dollars per violation.  Funds received shall be placed in the health professions account;

    (9) Denial of the license request;

    (10) Corrective action;

    (11) Refund of fees billed to and collected from the consumer;

(12) A surrender of the practitioner's license in lieu of other sanctions.

    Any of the actions under this section may be totally or partly stayed by the disciplining authority.  In determining what action is appropriate, the disciplining authority must first consider what sanctions are necessary to protect or compensate the public.  Only after such provisions have been made may the disciplining authority consider and include in the order requirements designed to rehabilitate the license holder or applicant.  All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

    The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing.  The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice.  The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes.

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