HOUSE BILL REPORT

ESSB 5857

BYSenate Committee on Human Services & Corrections (originally sponsored by Senators Wojahn, Deccio, Tanner, Johnson and Vognild)

Establishing the impaired physician program.

House Committe on Health Care

Majority Report:  Do pass with amendment.  (9)

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

Minority Report:  Do not pass.  (2)

      Signed by Representatives Bumgarner and Lux.

House Staff:Bill Hagens (786-7131)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

Currently, there is no specific statutory authority for the treatment of physicians impaired by alcoholism or drug abuse.  However, if the Medical Disciplinary Board has reasonable cause to believe that a physician is unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, drugs or mental or physical condition, it shall hold a hearing to determine the physician's capacity to adequately practice medicine.  The board may suspend or restrict a license or impose conditions upon the practice.  The board can compel a physician to undergo a mental or physical examination.

The Uniform Disciplinary Act declares as unprofessional conduct drunkenness or habitual intemperance in the use of alcohol or addiction to alcohol, or the addiction to drugs.  Sanctions include license revocation, suspension, denial, or restriction; remedial education or treatment; monitoring; censure or reprimand; probation; fines of up to $1,000; and corrective action.

SUMMARY:

A committee is established by the Medical Disciplinary Board composed of physicians possessing expertise in the areas of alcoholism, drug abuse or mental illness, whose purpose is to implement an impaired physician program approved by the board.  The program is to intervene in cases of verified impairment, refer impaired physicians for treatment and monitor the rehabilitation of physicians impaired by alcoholism, drug abuse or mental illness.  The committee is to report to the board any statistical information on impairment activity, the name and results of investigations of physicians believed to be dangerous to the public, including those who refuse to cooperate or respond to treatment and can no longer practice with reasonable skill and safety.

The board is required to refer to the committee for evaluation any physician believed to be impaired.  The committee records are not subject to disclosure under the Public Disclosure Act.  Members of the board and committee are immune from liability for acts performed within the scope of their duties.

The program is funded through the imposition of a surcharge of up to $15 on physician licenses.

Appropriation:    $501,200 biennium

Fiscal Note:      Requested April 3, 1987.

House Committee ‑ Testified For:    Mike Ryherd, Washington State Medical Association; Roy Clark, Washington State Medical Association; and Jack Rider, Washington State Medical Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    One in ten physicians are troubled by alcohol problems, and present serious enough risks in treating patients.  While practice by physicians impaired by alcohol and drugs is already unprofessional conduct, a specific treatment and rehabilitation program is the better solution to handle this problem, while monitoring or curtailing the physician's practice in line with treatment plans.

House Committee - Testimony Against:      None Presented.