BILL REQ. #:  H-0444.3 

Read first time 01/10/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to background checks for health care providers; amending RCW 18.130.310; adding new sections to chapter 18.130 RCW; adding a new section to chapter 43.70 RCW; and providing an effective date.

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)(a) The department shall establish requirements for each applicant for an initial license to obtain a state background check through the state patrol prior to the issuance of any license. The background check may be fingerprint-based at the discretion of the department.
     (b) The department shall specify those situations where a background check under (a) of this subsection is inadequate and an applicant for an initial license must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington.
     (2) The department shall adopt rules to require license holders to report to the disciplining authority and to the individual's employer any arrests, convictions, or other determinations or findings by a law enforcement agency occurring after the effective date of this section for a criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2). The report must be made within fourteen days of the conviction.
     (3) The department shall conduct an annual review of a representative sample of all license holders who have previously obtained a background check through the department. The selection of the license holders to be reviewed shall be representative of all categories of license holders and geographic locations.
     (4)(a) When deciding whether or not to issue an initial license, the disciplining authority shall consider the results of any background check conducted pursuant to subsection (1) of this section that reveals a conviction for any criminal offense that constitutes unprofessional conduct under this chapter or the chapters specified in RCW 18.130.040(2) or a series of arrests that when considered together demonstrate a pattern of behavior that, without investigation, may pose a risk to the safety of the license holder's patients.
     (b) If the background check conducted pursuant to subsection (2) of this section reveals any information related to unprofessional conduct that has not been previously disclosed to the disciplining authority, it shall take appropriate disciplinary action against the license holder.
     (5) The department shall:
     (a) Require the applicant or license holder to submit full sets of fingerprints if necessary to complete the background check;
     (b) Require the applicant to submit any fees for background check activities conducted pursuant to subsection (1) of this section, except as precluded by RCW 43.70.110, and other information required by the state patrol;
     (c) Notify the applicant of the results of the background check; and
     (d) Restrict use of the background check results to determining the individual's suitability for a license and to conducting disciplinary functions.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.130 RCW to read as follows:
     Nothing in RCW 18.130.310 or sections 1 and 4 of this act limits the authority of the disciplining authority to investigate the suitability of an individual for holding a license.

Sec. 3   RCW 18.130.310 and 1989 1st ex.s. c 9 s 313 are each amended to read as follows:
     Subject to RCW 40.07.040, the disciplinary authority shall submit a biennial report to the legislature on its proceedings during the biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. In addition, the report shall provide data on the department's background check activities conducted under sections 1 and 2 of this act and the effectiveness of those activities in identifying potential license holders who may not be qualified to practice safely. The report may include recommendations for improving the disciplinary process, including proposed legislation. The department shall develop a uniform report format.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.70 RCW to read as follows:
     To implement section 1 of this act, the department may increase application and renewal fees by amounts that exceed the fiscal growth factor under RCW 43.135.055.

NEW SECTION.  Sec. 5   Section 1 of this act takes effect January 1, 2008.