H-1721.1

SUBSTITUTE HOUSE BILL 1198

ByHouse Health Care & Wellness (originally sponsored by Representatives Caldier, Cody, Harris, Orwall, Slatter, Macri, Wylie, Eslick, Doglio, Griffey, and Robinson)

AN ACT Relating to requiring health care providers sanctioned for sexual misconduct to notify patients; adding a new section to chapter 18.130 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) If a license holder subject to this chapter has been sanctioned by a disciplining authority on or after the effective date of this section for an act or acts of unprofessional conduct involving sexual misconduct, the license holder or his or her designee must provide a disclosure to any patient scheduled for an appointment with the license holder during the period of time that the license holder is subject to the order or stipulation. The disclosure must only be provided to a patient at or prior to the patient's first visit with the license holder following entry of the order or stipulation.

(2) The disclosure must include a copy of the public order or stipulation, a description of all sanctions placed on the license holder by the disciplining authority in the order or stipulation, the duration of all sanctions, the disciplining authority's telephone number, and an explanation of how the patient can find more information about the license holder on the disciplining authority's online license information web site.

(3) The license holder must provide the patient or the patient's surrogate decision maker as designated under RCW  7.70.065 with the disclosure indicating that the patient has received a copy of the public order or stipulation and is aware the provider has been sanctioned for unprofessional conduct involving sexual misconduct, which must be signed by the patient or a surrogate decision maker. A copy of the signed disclosure must be maintained in the patient's file.

(4) A disciplining authority may adopt rules to exempt certain types of sexual misconduct from the requirements of this section.

(5) This section does not apply to license holders subject to chapter 18.92 RCW.

(6) For purposes of this section:

(a) "Order" means an order issued by a disciplining authority including, but not limited to, an agreed order, default order, final order, or a reinstatement order, but does not include a summary restriction order.

(b) "Stipulation" means a stipulation to informal disposition.

--- END ---