(1) The identity of
a whistleblower who complains, in good faith, to the department
of health about the improper quality of care by a health care
provider, or in a health care facility, as defined in *RCW 43.72.010, or who submits a notification or report of an adverse
event or an incident, in good faith, to the department of health
under RCW 70.56.020 or to the independent entity under RCW 70.56.040, shall remain confidential. The provisions of RCW 4.24.500 through 4.24.520, providing certain protections to
persons who communicate to government agencies, shall apply to
complaints and notifications or reports of adverse events or
incidents filed under this section. The identity of the
whistleblower shall remain confidential unless the department
determines that the complaint or notification or report of the
adverse event or incident was not made in good faith. An
employee who is a whistleblower, as defined in this section, and
who as a result of being a whistleblower has been subjected to
workplace reprisal or retaliatory action has the remedies
provided under chapter 49.60 RCW.
(2)(a) "Improper quality of care" means any practice,
procedure, action, or failure to act that violates any state law
or rule of the applicable state health licensing authority under
Title 18 or chapters 70.41, 70.96A, 70.127, 70.175, 71.05, 71.12, and 71.24 RCW, and enforced by the department of health. Each
health disciplinary authority as defined in RCW 18.130.040 may,
with consultation and interdisciplinary coordination provided by
the state department of health, adopt rules defining accepted
standards of practice for their profession that shall further
define improper quality of care. Improper quality of care shall
not include good faith personnel actions related to employee
performance or actions taken according to established terms and
conditions of employment.
(b) "Reprisal or retaliatory action" means but is not
limited to: Denial of adequate staff to perform duties; frequent
staff changes; frequent and undesirable office changes; refusal
to assign meaningful work; unwarranted and unsubstantiated report
of misconduct pursuant to Title 18 RCW; letters of reprimand or
unsatisfactory performance evaluations; demotion; reduction in
pay; denial of promotion; suspension; dismissal; denial of
employment; and a supervisor or superior encouraging coworkers to
behave in a hostile manner toward the whistleblower.
(c) "Whistleblower" means a consumer, employee, or health
care professional who in good faith reports alleged quality of
care concerns to the department of health.
(3) Nothing in this section prohibits a health care facility
from making any decision exercising its authority to terminate,
suspend, or discipline an employee who engages in workplace
reprisal or retaliatory action against a whistleblower.
(4) The department shall adopt rules to implement procedures
for filing, investigation, and resolution of whistleblower
complaints that are integrated with complaint procedures under
Title 18 RCW for health professionals or health care facilities.
[2006 c 8 § 109; 1995 c 265 § 19.]
NOTES:
*Reviser's note: RCW 43.72.010 was repealed by 1995 c 265 § 27. RCW 48.43.005 was enacted by chapter 265, Laws of 1995, and includes a definition of "health care facility."
Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010.
Captions not law -- Effective dates -- Savings -- Severability -- 1995 c 265: See notes following RCW 70.47.015.