2007 House Bill 1103 (Concerning health professions.)

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• Introduced by Rep. Tom Campbell, (R-Roy) on January 10, 2007, to revise provisions relating to disciplining health care professionals. Among other changes, the bill would require the Department of Health, in consultation with the appropriate boards and commissions, to handle allegations of health care misconduct.
  • Referred to the House Health Care and Wellness Committee on January 10, 2007.
    • Substitute offered to the House Health Care and Wellness Committee on January 29, 2007, to require the Department of Health to conduct background checks on applicants for an initial license and review a representative sample of those who have previously had a background check. Health care providers are required to report any arrests, convictions, or other determinations by law enforcement agencies to the Department. The Department shall issue a temporary license to a health care provider who is waiting for a national background check to be completed. An applicant may request a copy of their background check if it revealed a criminal record. The substitute bill also adds an intent statement regarding the importance of the regulation of health care providers.
    • The substitute passed in the House by voice vote on March 9, 2007.
  • Referred to the House Appropriations Committee on January 31, 2007.
  • Substitute offered to the House Appropriations Committee on February 26, 2007, to add an intent statement regarding the importance of the regulation of health care providers. The Department of Health is required to conduct background checks on applicants for an initial license and review a representative sample of those who have previously had a background check. Health care providers are required to report any arrests, convictions, or other determinations by law enforcement agencies to the Department. The Department shall issue a temporary license to a health care provider who is waiting for a national background check to be completed. An applicant may request a copy of their background check if it revealed a criminal record. The Secretary must assign investigative and legal personnel based upon their expertise with a particular profession. Impaired provider programs are no longer required to report unprofessional conduct to the Department. Disciplining authorities are required to develop a clinical competency examination program and report to the Legislature with recommendations for implementing such programs. Biennial disciplinary reports from the Department must be reported annually. Each board and commission must submit an individual annual report. An emergency clause is added for all provisions of the bill, except those related to background checks. .
  • The substitute passed in the House by voice vote on March 9, 2007.
  • Referred to the House Rules Committee on February 26, 2007.
  • Amendment offered by Rep. Barbara Bailey, (R-Oak Harbor) on March 9, 2007, to remove the emergency clause. The amendment failed in the House by voice vote on March 9, 2007.
  • Amendment offered by Rep. Eileen Cody, (D-West Seattle) on March 9, 2007, to authorize the Medical Quality Assurance Commission, the Podiatric Medical Board, and the State Board of Osteopathic Medicine and Surgery to adopt rules to govern office based sedation and anesthesia. The amendment passed in the House by voice vote on March 9, 2007.
• Passed in the House (70 to 27) on March 9, 2007. [Vote Details and Comments]
• Received in the Senate on March 12, 2007.
  • Referred to the Senate Health & Long-Term Care Committee on March 12, 2007.
    • Amendment offered to the Senate Health & Long-Term Care Committee on March 29, 2007, to provide that the Secretary of the Department of Health must have sole authority regarding disciplinary action for all professions for any complaints involving a health care professional who has had three complaints within a five year period, death of a patient, or sexual misconduct. The disciplinary boards and commissions will retain authority for all other complaints. License holders performing a gynecological examination or procedure must give the patient the opportunity to request that a third party of their choosing be present. A technical amendment clarifies that the board or commission can adopt rules affecting delivery of sedation and anesthesia by any provider (such as a nurse anesthetist) in a doctor's office. A definition is provided for false, fraudulent, or misleading advertising. A patient or patient's guardian or legal representative may submit a signed written complaint. Disciplinary authorities conducting an investigation into unprofessional conduct may consult with other practitioners who use the procedure in question. In order to establish that a licensee or applicant is guilty of unprofessional conduct, disciplinary authorities must provide the testimony of at least one practitioner who uses the procedure which is the subject of the complaint, or a practitioner of complementary alternative medicine may be used to provide such testimony. Complaints based solely on the use of a procedure without proof of harm to a patient is deemed to be not in good faith. Filing a complaint against another licensee for an improper or frivolous reason, or not in good faith, constitutes unprofessional conduct for license holders.
  • Referred to the Senate Ways & Means Committee on March 30, 2007.
• Received in the House on January 14, 2008.
  • Referred to the House Health Care and Wellness Committee on January 14, 2008.
    • Substitute offered in the House on January 31, 2008, increases the authority of those engaged in the regulation of health care providers to identify and remove health care providers who pose a risk to the public.
  • Referred to the House Appropriations Committee on February 5, 2008.
    • Substitute offered in the House on February 11, 2008, to establish four pilot projects involving the Medical Commission, Nursing Commission, Chiropractic Commission, and the Dental Commission that provide independent authority to employ their own executive directors to manage the Department of Health employees and carry out each commission's administrative duties, propose their own biennial budgets, and to develop their own performance-based expectations. The fourth substitute also requires the Secretary of Health and the four commissions involved in the pilot project report to the Governor and the Legislature by December 15, 2013. In addition the act specifies that the report must compare the commissions' effectiveness in licensing and disciplinary activities, their efficiency with respect to timeliness and personnel resources, their budgetary activity, their ability to meet performance measures, and a review of national research regarding regulatory effectiveness and patient safety. Also changed is the legislative intent language regarding the purposes of health professions regulations.
    • The substitute passed in the House by voice vote on February 13, 2008.
• Passed in the House (97 to 0) on February 13, 2008. [Vote Details and Comments]
• Received in the Senate on February 15, 2008.
  • Referred to the Senate Health & Long-Term Care Committee on February 15, 2008.
    • Amendment offered in the Senate on February 27, 2008, to change the underlying bill in the following ways: Boards and Commissions will review all cases initially and only transfer sexual misconduct cases to the Secretary for review, if they do not involved clinical expertise or standard of care issues. The disciplining authority at the show cause hearing must establish that more probable than not, the license holder poses an immediate threat to the public health and safety. Documentation which can be considered at the show cause hearing is specified. When an applicant's background check reveals a criminal record, the applicant will be notified and given the opportunity to request a copy. The Dental Quality Assurance commission can conduct a pilot project but is not required to do so. Performance measures to be evaluated for each pilot project are specified. Staff for those commissions participating in the pilot project are employed by the DOH, and the executive director hires and manages them subject to existing collective bargaining units and agreements. A delayed effective date is provided for the application of the uniform sanctioning schedule. The delayed effective date is removed from background checks.
    • The amendment failed in the Senate by voice vote on March 6, 2008.
  • Referred to the Senate Ways & Means Committee on February 27, 2008.
    • Amendment offered in the Senate on March 3, 2008, to eliminate the pilot projects involving the Chiropractic Quality Assurance Commission, the Nursing Care Quality Assurance Commission, and the Dental Quality Assurance Commission.
    • The amendment passed in the Senate by voice vote on March 6, 2008.
  • Referred to the Senate Rules Committee on March 3, 2008.
    • Amendment offered by Sen. Karen Keiser, (D-Kent) on March 6, 2008, to require the Medical Quality Assurance Commission and Nursing Care Quality Assurance Commission each conduct a pilot project to evaluate the effect of having additional authority over budget and staffing. The Chiropractic Quality Assurance Commission and the Dental Quality Assurance Commission may conduct a pilot project. These two commissions must notify the Secretary in writing by June 1, 2008, if the commission intends to conduct a pilot project. The amendment passed in the Senate by voice vote on March 6, 2008.
• Passed in the Senate (48 to 1) on March 6, 2008. [Vote Details and Comments]
• Received in the House on March 8, 2008. Passed in the House (93 to 0) on March 8, 2008. [Vote Details and Comments]
• Signed with partial veto by Gov. Christine Gregoire on March 25, 2008.

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Introduced by Rep. Tom Campbell, (R-Roy) on January 10, 2007. Passed in the House (70 to 27) on March 9, 2007. New Comment