RCW 18.130.070
Rules requiring reports -- Court
orders -- Immunity from liability -- Licensees required to report.
(Effective until July 1, 2009.)
(1)(a) The secretary shall adopt
rules requiring every license holder to report to the appropriate
disciplining authority any conviction, determination, or finding
that another license holder has committed an act which
constitutes unprofessional conduct, or to report information to
the disciplining authority, an impaired practitioner program, or
voluntary substance abuse monitoring program approved by the
disciplining authority, which indicates that the other license
holder may not be able to practice his or her profession with
reasonable skill and safety to consumers as a result of a mental
or physical condition.
(b) The secretary may adopt rules to require other persons,
including corporations, organizations, health care facilities,
impaired practitioner programs, or voluntary substance abuse
monitoring programs approved by a disciplining authority, and
state or local government agencies to report:
(i) Any conviction, determination, or finding that a license
holder has committed an act which constitutes unprofessional
conduct; or
(ii) Information to the disciplining authority, an impaired
practitioner program, or voluntary substance abuse monitoring
program approved by the disciplining authority, which indicates
that the license holder may not be able to practice his or her
profession with reasonable skill and safety to consumers as a
result of a mental or physical condition.
(c) If a report has been made by a hospital to the
department pursuant to RCW 70.41.210, a report to the
disciplining authority is not required. To facilitate meeting
the intent of this section, the cooperation of agencies of the
federal government is requested by reporting any conviction,
determination, or finding that a federal employee or contractor
regulated by the disciplining authorities enumerated in this
chapter has committed an act which constituted unprofessional
conduct and reporting any information which indicates that a
federal employee or contractor regulated by the disciplining
authorities enumerated in this chapter may not be able to
practice his or her profession with reasonable skill and safety
as a result of a mental or physical condition.
(d) Reporting under this section is not required by:
(i) Any entity with a peer review committee, quality
improvement committee or other similarly designated professional
review committee, or by a license holder who is a member of such
committee, during the investigative phase of the respective
committee's operations if the investigation is completed in a
timely manner; or
(ii) An impaired practitioner program or voluntary substance
abuse monitoring program approved by a disciplining authority
under RCW 18.130.175 if the license holder is currently enrolled
in the treatment program, so long as the license holder actively
participates in the treatment program and the license holder's
impairment does not constitute a clear and present danger to the
public health, safety, or welfare.
(2) If a person fails to furnish a required report, the
disciplining authority may petition the superior court of the
county in which the person resides or is found, and the court
shall issue to the person an order to furnish the required
report. A failure to obey the order is a contempt of court as
provided in chapter 7.21 RCW.
(3) A person is immune from civil liability, whether direct
or derivative, for providing information to the disciplining
authority pursuant to the rules adopted under subsection (1) of
this section.
(4)(a) The holder of a license subject to the jurisdiction
of this chapter shall report to the disciplining authority:
(i) Any conviction, determination, or finding that he or she
has committed unprofessional conduct or is unable to practice
with reasonable skill or safety; and
(ii) Any disqualification from participation in the federal
medicare program, under Title XVIII of the federal social
security act or the federal medicaid program, under Title XIX of
the federal social security act.
(b) Failure to report within thirty days of notice of the
conviction, determination, finding, or disqualification
constitutes grounds for disciplinary action.
[2006 c 99 § 2; 2005 c 470 § 2; 1998 c 132 § 8; 1989 c 373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.]
NOTES:
Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.
Severability -- 1989 c 373: See RCW 7.21.900.
Severability -- 1986 c 259: See note following RCW 18.130.010.
RCW 18.130.070
Rules requiring reports -- Court
orders -- Immunity from liability -- Licensees required to report.
(Effective July 1, 2009.)
(1)(a) The secretary shall adopt rules
requiring every license holder to report to the appropriate
disciplining authority any conviction, determination, or finding
that another license holder has committed an act which
constitutes unprofessional conduct, or to report information to
the disciplining authority, an impaired practitioner program, or
voluntary substance abuse monitoring program approved by the
disciplining authority, which indicates that the other license
holder may not be able to practice his or her profession with
reasonable skill and safety to consumers as a result of a mental
or physical condition.
(b) The secretary may adopt rules to require other persons,
including corporations, organizations, health care facilities,
impaired practitioner programs, or voluntary substance abuse
monitoring programs approved by a disciplining authority, and
state or local government agencies to report:
(i) Any conviction, determination, or finding that a license
holder has committed an act which constitutes unprofessional
conduct; or
(ii) Information to the disciplining authority, an impaired
practitioner program, or voluntary substance abuse monitoring
program approved by the disciplining authority, which indicates
that the license holder may not be able to practice his or her
profession with reasonable skill and safety to consumers as a
result of a mental or physical condition.
(c) If a report has been made by a hospital to the
department pursuant to RCW 70.41.210 or by an ambulatory surgical
facility pursuant to RCW 70.230.110, a report to the disciplining
authority is not required. To facilitate meeting the intent of
this section, the cooperation of agencies of the federal
government is requested by reporting any conviction,
determination, or finding that a federal employee or contractor
regulated by the disciplining authorities enumerated in this
chapter has committed an act which constituted unprofessional
conduct and reporting any information which indicates that a
federal employee or contractor regulated by the disciplining
authorities enumerated in this chapter may not be able to
practice his or her profession with reasonable skill and safety
as a result of a mental or physical condition.
(d) Reporting under this section is not required by:
(i) Any entity with a peer review committee, quality
improvement committee or other similarly designated professional
review committee, or by a license holder who is a member of such
committee, during the investigative phase of the respective
committee's operations if the investigation is completed in a
timely manner; or
(ii) An impaired practitioner program or voluntary substance
abuse monitoring program approved by a disciplining authority
under RCW 18.130.175 if the license holder is currently enrolled
in the treatment program, so long as the license holder actively
participates in the treatment program and the license holder's
impairment does not constitute a clear and present danger to the
public health, safety, or welfare.
(2) If a person fails to furnish a required report, the
disciplining authority may petition the superior court of the
county in which the person resides or is found, and the court
shall issue to the person an order to furnish the required
report. A failure to obey the order is a contempt of court as
provided in chapter 7.21 RCW.
(3) A person is immune from civil liability, whether direct
or derivative, for providing information to the disciplining
authority pursuant to the rules adopted under subsection (1) of
this section.
(4)(a) The holder of a license subject to the jurisdiction
of this chapter shall report to the disciplining authority:
(i) Any conviction, determination, or finding that he or she
has committed unprofessional conduct or is unable to practice
with reasonable skill or safety; and
(ii) Any disqualification from participation in the federal
medicare program, under Title XVIII of the federal social
security act or the federal medicaid program, under Title XIX of
the federal social security act.
(b) Failure to report within thirty days of notice of the
conviction, determination, finding, or disqualification
constitutes grounds for disciplinary action.
[2007 c 273 § 23; 2006 c 99 § 2; 2005 c 470 § 2; 1998 c 132 § 8; 1989 c 373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.]
NOTES:
Effective date -- Implementation -- 2007 c 273: See RCW 70.230.900 and 70.230.901.
Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.
Severability -- 1989 c 373: See RCW 7.21.900.
Severability -- 1986 c 259: See note following RCW 18.130.010.