HOUSE BILL REPORT

SHB 563

BYHouse Committee on Health Care (originally sponsored by Representative Braddock)

Revising provisions relating to the uniform disciplinary act.

House Committe on Health Care

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (11)

     Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, D. Sommers, Sprenkle and Vekich.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE MARCH 13, 1987

BACKGROUND:

Psychologists, nursing home administrators and hearing aid dealers are not covered under the Uniform Disciplinary Act for the regulated health professions, and their respective disciplinary boards have elected to come under it.  The purpose of the Uniform Disciplinary Act is to provide uniform procedures and unprofessional conduct provisions for all the regulated health professions.

The operation of professional practices by unlicensed persons and businesses is not currently governed by the Uniform Disciplinary Act, and the disciplinary authorities of a number of health professions have no authority to pursue remedies and sanctions provided by that act for unlicensed practice.

Currently, there are no recognized formats established for credentialing new health professions seeking registration, certification or licensure.

SUMMARY:

The Council on Hearing Aids, the Board of Examiners for Nursing Home Administrators and the Examining Board of Psychology, being the disciplinary authorities for the regulated professions of hearing aid dealers, nursing home administrators and psychologists, are covered under the provisions of the Uniform Disciplinary Act.  Existing statutory provisions in conflict with the Uniform Disciplinary Act are repealed.

Unauthorized practice of persons or businesses is governed by the procedures and sanctions provided in the Uniform Disciplinary Act for the professions of acupuncture, podiatry, chiropractic, dental hygienists, dentistry, dispensing opticians, hearing aids, drugless healing, embalmers and funeral directors, midwifery, ocularists, osteopathy, occupational therapists, physicians and physician assistants, physical therapy, practical nurses, psychology, registered nurses, veterinary medicine and massage operators.

A number of housekeeping changes are made to the Uniform Disciplinary Act.  Board members are authorized to direct investigations of complaints, not private consultants, but the disciplining authorities can delegate to others to sign subpoenas and statements of charges.  The director of the Department of Licensing can appoint up to three pro temps members as members of an investigation committee upon the request of a board, and can conduct investigations and practice reviews at the direction of a board.  Fines can be enforced in Superior Court.  Violations of injunctions are punishable by a maximum civil penalty of $25,000.

Uniform administrative provisions are provided in a new chapter which the department would utilize in administering the regulatory programs of new health professions credentialed after the effective date of this chapter.  Uniform formats for the registration, certification or licensure of new health professions are established for consistency and for ease of administration and evaluation by the legislature.  General powers and duties are specified, including adoption of rules, setting self-supporting fees, establishing forms and procedures, hiring staff, administering examinations and registering, certifying or licensing applicants.  Professional advisory committees appointed by the director would assist the department in these responsibilities.

The State Health Coordinating Council is required to make recommendations assessing the social and financial impacts of any proposal for a mandated health insurance coverage, if requested by legislative committees.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Bob Van Schoorl, Department of Licensing; Chris Rose, Department of Licensing; Susan Johnson, Service Employees Union and Gail Toraason, Washington State Psychological Association.

House Committee - Testified Against: Patty Joynes, Washington State Nurse's Association; Cliff Webster, Washington State Medical Association; Mike Ryherd, Washington State Medical Association; Dr. John Brown; Dental Disciplinary Board; Dr. Charles V. Farrell; Greg Forge, Washington State Dental Association and Glen Hudson, Washington Health Care Association.

House Committee - Testimony For:     Psychologists, nursing home administrators and hearing aid dealers have elected to come under the Uniform Disciplinary Act (UDA) to update and streamline their licensure chapters.  Unlicensed practice of individuals and businesses is currently not covered under law, and the boards need authority to investigate and discipline such practices to protect the public health and safety.  The provision of uniform formats for registration, certification or licensure for new health professions seeking credentialing would achieve consistency for ease of administration, provide equity and make legislative evaluation of the proposals easier.

House Committee - Testimony Against: To the original bill:  The proposed pilot projects for continuing competency assessment need more evaluation by the boards to insure cooperation with the professions.  The Consumer Protection Act sanctions should not be used in addition to the sanctions provided in the Uniform Disciplinary Act.  In addition, courts have restricted its application only to the business aspects of professions and not to negligence.