USA Statutes : washington
Title : Businesses and professions
Chapter : Physicians
RCW 18.71.003Declaration of purpose.This chapter is passed:  (1) In the exercise of the police power of the state to protect public health, to promote the welfare of the state, and to provide an adequate public agency to act as a disciplinary body for the members of the medical profession licensed to practice medicine and surgery in this state;  (2) Because the health and well-being of the people of this state are of paramount importance;  (3) Because the conduct of members of the medical profession licensed to practice medicine and surgery in this state plays a vital role in preserving the health and well-being of the people of the state; and  (4) Because the agency which now exists to handle disciplinary proceedings for members of the medical profession licensed to practice medicine and surgery in this state is ineffective and very infrequently employed, and consequently there is no effective means of handling such disciplinary proceedings when they are necessary for the protection of the public health.[1955 c 202 § 1. Formerly RCW 18.72.010.] RCW 18.71.019Application of Uniform Disciplinary Act Request for review of revocation order.The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter. When a panel of the commission revokes a license, the respondent may request review of the revocation order of the panel by the remaining members of the commission not involved in the initial investigation. The respondent's request for review must be filed within twenty days of the effective date of the order revoking the respondent's license. The review shall be scheduled for hearing by the remaining members of the commission not involved in the initial investigation within sixty days. The commission shall adopt rules establishing review procedures.[1996 c 195 § 1; 1994 sp.s. c 9 § 305; 1987 c 150 § 45; 1986 c 259 § 105.]Notes:Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Severability -- 1987 c 150: See RCW 18.122.901.Severability -- 1986 c 259: See note following RCW 18.130.010. RCW 18.71.0191Executive director Staff.The secretary of the department of health shall appoint, from a list of three names supplied by the commission, an executive director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the commission to accomplish its duties and responsibilities. The executive director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.[1994 sp.s. c 9 § 326; 1991 c 3 § 168; 1979 ex.s. c 111 § 6. Formerly RCW 18.72.155.]Notes:Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Severability -- 1979 ex.s. c 111: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 111 § 21.] RCW 18.71.0193Duty to report unprofessional conduct Exceptions.(1) A licensed health care professional licensed under this chapter shall report to the commission when he or she has personal knowledge that a practicing physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical conditions.  (2) Reporting under this section is not required by:  (a) An appropriately appointed peer review committee member of a licensed hospital or by an appropriately designated professional review committee member of a county or state medical society during the investigative phase of their respective operations if these investigations are completed in a timely manner; or  (b) A treating licensed health care professional of a physician currently involved in a treatment program as long as the physician patient actively participates in the treatment program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety, or welfare.  (3) The commission may impose disciplinary sanctions, including license suspension or revocation, on any health care professional subject to the jurisdiction of the commission who has failed to comply with this section.[1994 sp.s. c 9 § 327; 1986 c 300 § 5. Formerly RCW 18.72.165.]Notes:Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Legislative findings -- Severability -- 1986 c 300: See notes following RCW 18.57.174. RCW 18.71.0195Disciplinary reports Confidentiality Immunity. (Effective until July 1, 2006.)(1) The contents of any report filed under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the commission, or investigator thereof, who has been assigned to review the activities of a licensed physician.  Upon a determination that a report is without merit, the commission's records may be purged of information relating to the report.  (2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, agency of the federal, state, or local government, or the entity established by RCW 18.71.300 and its officers, agents, and employees are immune from civil liability, whether direct or derivative, for providing information to the commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260.[1998 c 132 § 2; 1994 sp.s. c 9 § 328; 1986 c 259 § 117; 1979 ex.s. c 111 § 15. Formerly RCW 18.72.265.]Notes:Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.Finding -- Intent -- 1998 c 132: "The legislature finds that the self-imposed license surcharge on physician licenses to fund a program to help physicians with chemical dependency or mental illness is not being fully spent on that program. It is the intent of the legislature that the program be fully funded and that funds collected into the impaired physician account be spent only on the program." [1998 c 132 § 1.]Severability -- 1998 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 132 § 15.]Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Severability -- 1986 c 259: See note following RCW 18.130.010.Severability -- 1979 ex.s. c 111: See note following RCW 18.71.0191. RCW 18.71.300Impaired physician program Definitions.The definitions in this section apply throughout RCW 18.71.310 through 18.71.340 unless the context clearly requires otherwise.  (1) "Entity" means a nonprofit corporation formed by physicians who have expertise in the areas of alcohol abuse, drug abuse, alcoholism, other drug addictions, and mental illness and who broadly represent the physicians of the state and that has been designated to perform any or all of the activities set forth in RCW 18.71.310(1) by the commission.  (2) "Impaired" or "impairment" means the inability to practice medicine with reasonable skill and safety to patients by reason of physical or mental illness including alcohol abuse, drug abuse, alcoholism, other drug addictions, or other debilitating conditions.  (3) "Impaired physician program" means the program for the prevention, detection, intervention, monitoring, and treatment of impaired physicians established by the commission pursuant to RCW 18.71.310(1).  (4) "Physician" or "practitioner" means a person licensed under this chapter, chapter 18.71A RCW, or a professional licensed under another chapter of Title 18 RCW whose disciplining authority has a contract with the entity for an impaired practitioner program for its license holders.  (5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the commission or entity for impaired physicians taking part in the impaired physician program created by RCW 18.71.310.[1998 c 132 § 3; 1994 sp.s. c 9 § 329; 1989 c 119 § 1; 1987 c 416 § 1. Formerly RCW 18.72.301.]Notes:Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Effective date -- 1987 c 416: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 416 § 10.] RCW 18.71.310Impaired physician program License surcharge.(1) The commission shall enter into a contract with the entity to implement an impaired physician program. The commission may enter into a contract with the entity for up to six years in length. The impaired physician program may include any or all of the following:  (a) Entering into relationships supportive of the impaired physician program with professionals who provide either evaluation or treatment services, or both;  (b) Receiving and assessing reports of suspected impairment from any source;  (c) Intervening in cases of verified impairment, or in cases where there is reasonable cause to suspect impairment;  (d) Upon reasonable cause, referring suspected or verified impaired physicians for evaluation or treatment;  (e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the commission;  (f) Providing monitoring and continuing treatment and rehabilitative support of physicians;  (g) Performing such other activities as agreed upon by the commission and the entity; and  (h) Providing prevention and education services.  (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of not less than twenty-five and not more than thirty-five dollars per year on each license renewal or issuance of a new license to be collected by the department of health from every physician and surgeon licensed under this chapter in addition to other license fees. These moneys shall be placed in the impaired physician account to be used solely for the implementation of the impaired physician program.[2001 c 109 § 1; 1998 c 132 § 4; 1997 c 79 § 2; 1994 sp.s. c 9 § 330; 1991 c 3 § 169; 1989 c 119 § 2; 1987 c 416 § 2. Formerly RCW 18.72.306.]Notes:Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.Effective date -- 1997 c 79: See note following RCW 18.71.401.Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Effective date -- 1987 c 416: See note following RCW 18.72.301. RCW 18.71.320Impaired physician program Procedures.The entity shall develop procedures in consultation with the commission for:  (1) Periodic reporting of statistical information regarding impaired physician activity;  (2) Periodic disclosure and joint review of such information as the commission may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report. However, the entity shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section;  (3) Immediate reporting to the commission of the name and results of any contact or investigation regarding any suspected or verified impaired physician who is reasonably believed probably to constitute an imminent danger to himself or herself or to the public;  (4) Reporting to the commission, in a timely fashion, any suspected or verified impaired physician who fails to cooperate with the entity, fails to submit to evaluation or treatment, or whose impairment is not substantially alleviated through treatment, or who, in the opinion of the entity, is probably unable to practice medicine with reasonable skill and safety;  (5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.[1998 c 132 § 5; 1994 sp.s. c 9 § 331; 1987 c 416 § 3. Formerly RCW 18.72.311.]Notes:Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Effective date -- 1987 c 416: See note following RCW 18.71.300. RCW 18.71.330Impaired physician program Evaluation of physician.If the commission has reasonable cause to believe that a physician is impaired, the commission shall cause an evaluation of such physician to be conducted by the entity or the entity's designee or the commission's designee for the purpose of determining if there is an impairment. The entity or appropriate designee shall report the findings of its evaluation to the commission.[1998 c 132 § 6; 1994 sp.s. c 9 § 332; 1987 c 416 § 4. Formerly RCW 18.72.316.]Notes:Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Effective date -- 1987 c 416: See note following RCW 18.71.300. RCW 18.71.340Impaired physician program Entity records protected. (Effective until July 1, 2006.)All entity records are not subject to disclosure pursuant to chapter 42.17 RCW.[1998 c 132 § 7; 1987 c 416 § 6. Formerly RCW 18.72.321.]Notes:Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.Finding -- Intent -- Severability -- 1998 c 132: See notes following RCW 18.71.0195.Effective date -- 1987 c 416: See note following RCW 18.71.300. RCW 18.71.350Report of malpractice payments by insurers.(1) Every institution or organization providing professional liability insurance to physicians shall send a complete report to the commission of all malpractice settlements, awards, or payments in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician's incompetency or negligence in the practice of medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a five-year time period as the result of the alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment.  (2) Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars.[1994 sp.s. c 9 § 333; 1993 c 367 § 17; 1986 c 300 § 6. Formerly RCW 18.72.340.]Notes:Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.Legislative findings -- Severability -- 1986 c 300: See notes following RCW 18.57.174. RCW 18.71.360Driving records.To assist in identifying impairment related to alcohol abuse, the commission may obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing.[1994 sp.s. c 9 § 334; 1991 c 215 § 2. Formerly RCW 18.72.345.]Notes:Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. RCW 18.71.420Allocation of all appropriated funds.The secretary of health shall allocate all appropriated funds to accomplish the purposes of this chapter.[1991 c 3 § 171; 1983 c 71 § 3. Formerly RCW 18.72.400.]