WSR 08-20-120



[ Filed September 30, 2008, 5:53 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-14-117.

Title of Rule and Other Identifying Information: WAC 246-16-270 Mandatory reporting by employers of licensed health care providers.

Hearing Location(s): Department of Health, Point Plaza East, Room 152, 310 Israel Road S.E., Tumwater, WA 98501, on November 25, 2008, at 10:30 a.m.

Date of Intended Adoption: November 28, 2008.

Submit Written Comments to: Margaret Gilbert, Department of Health, P.O. Box 47873, Olympia, WA 98504-7873, web site, fax (360) 236-4930, by November 25, 2008.

Assistance for Persons with Disabilities: Contact Margaret Gilbert by November 18, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule would place into chapter 246-16 WAC all rules implementing the mandatory reporting requirements of chapter 18.130 RCW, the Uniform Disciplinary Act. The proposed rule would also assure common terminology in reporting requirements and utilize a common reporting mechanism for all professions and all reporting entities.

Reasons Supporting Proposal: In March 2008, the department adopted mandatory reporting rules as directed by RCW 18.130.070 (as amended in 2006 by SHB 2974). These were placed in chapter 246-16 WAC, Standards of professional conduct. In 2008, 4SHB 1103 imposed additional mandatory reporting requirements and amended RCW 18.130.080.

Statutory Authority for Adoption: RCW 18.130.080.

Statute Being Implemented: RCW 18.130.080.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Margaret Gilbert, Department of Health, P.O. Box 47874, Olympia, WA 98504-7873, (360) 236-4913; Implementation and Enforcement: Karen Jensen, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, (360) 236-4600.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

September 30, 2008

Mary C. Selecky



WAC 246-16-270   Mandatory reporting -- Reports by employers of license holders.   (1) Every license holder, corporation, organization, health care facility, and state and local governmental agency that employs a license holder shall report to the department of health when the employed license holder's services have been terminated or restricted based on a final determination or finding that the license holder:

(a) Has committed an act or acts that may constitute unprofessional conduct; or

(b) May not be able to practice his or her profession with reasonable skill and safety due to a mental or physical condition.

(2) Reports under this section must be submitted to the department of health as soon as possible but no later than twenty days after a final determination or finding is made. The report should contain the information described in WAC 246-16-220(2).

(3) Reports made by a hospital according to RCW 70.41.210 and reports by ambulatory surgical facilities according to RCW 70.230.120 meet the requirement of this section.

(4) If a license holder fails to submit a report required by this section, a civil penalty of up to five hundred dollars may be imposed and the disciplining authority may take action against the license holder for unprofessional conduct.


Washington State Code Reviser's Office