Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2578

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Department of Social and Health Services Investigations.

The Department of Social and Health Services (DSHS) must initiate investigations upon the report of abuse, abandonment, neglect, exploitation, and financial exploitation of a vulnerable adult. If the initial report to the DSHS or its investigation shows that the conduct may have been criminal, the DSHS must immediately report the information to law enforcement. In addition, when a report or investigation involves a licensed health care provider, the DSHS must notify the relevant disciplining authority.

In several instances facilities and agencies licensed by or contracting with the DSHS are prohibited from allowing any person associated with the entity to have unsupervised access to a vulnerable adult if the person has been found to have engaged in the abuse, abandonment, neglect, or exploitation of a vulnerable adult. These requirements generally apply to nursing homes, boarding homes, and adult family homes. In addition, agencies and facilities providing services, housing, or care for vulnerable adults may not allow unsupervised access to vulnerable adults to people who are the subject of a protective order or who have been convicted of certain crimes or found by an administrative decision to have abused a vulnerable adult.

Investigations of Health Care Providers.

The Department of Health and the 15 health professions boards and commissions (disciplining authorities) have regulatory authority over their respective health professions, including issuing licenses, administering investigations, and conducting disciplinary hearings. A disciplining authority may take emergency action against a credentialed health care provider by summarily suspending the person's credential. In cases in which a credentialed health care provider is prohibited from practicing in another state, the disciplining authority in Washington must issue a summary suspension until the disciplinary proceedings in Washington have been completed.

Summary of Bill:

Any credentialed health care provider or applicant for a health professions credential who has been disqualified from having unsupervised access to vulnerable adults by a final order of the Department of Social and Health Services, is prohibited from practicing his or her profession until the Department of Health or appropriate health professions board or commission has completed its disciplinary proceedings.