1967 AMH MOEL TANG 039

HB 1967 - H AMD 69

By Representative Moeller

ADOPTED 3/8/2007

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

   (1) Upon a guilty plea or conviction of a person for violations of RCW 46.61.502 or 46.61.504, the prosecuting attorney shall notify the state patrol of such guilty plea or conviction.

   (2) When the state patrol receives information that a person has pled guilty to or been convicted of one of the violations under subsection (1) of this section, the state patrol shall transmit that information to the department of health. It is the duty of the department of health to identify whether the person holds a credential issued by the medical quality assurance commission under RCW 18.130.040 and chapter 18.71 RCW, and provide this information to the commission. The commission shall review the information provided by the department of health and assess whether or not the physician should be referred to the impaired physician program under RCW 18.71.330 and RCW 18.130.175."

EFFECT: Removes provisions requiring the court and the Medical Quality Assurance Commission to refer the physician to a substance abuse monitoring program, and instead requires the Commission to assess whether the physician should be referred. Removes language providing that a physician convicted of DUI is not subject to disciplinary action by the Commission if he or she meets the requirements of the substance abuse program. Requires the prosecutor to notify the Washington State Patrol of DUI convictions and requires the WSP to transmit such information to the Department of Health for the department to determine if the offender is a physician (rather than having the court notify the department of licensing and having the DOL transmit such information to the Commission).