This section modifies existing section 18.22.250. Here is the modified chapter for context.
To implement a podiatric physician health program as authorized by RCW 18.130.175, the board shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The podiatric physician health program may include any or all of the following:
Contracting with providers of treatment programs;
Receiving and evaluating reports of suspected impairment from any source;
Intervening in cases of verified impairment;
Referring impaired podiatric physicians to treatment programs;
Monitoring the treatment and rehabilitation of impaired podiatric physicians including those ordered by the board;
Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired podiatric physicians; and
Performing other related activities as determined by the board.
A contract entered into under subsection (1) of this section shall be financed by a surcharge of fifty dollars per year or equivalent on each license issuance or renewal to be collected by the department from every podiatric physician licensed under this chapter. These moneys must be placed in the health professions account to be used solely for implementation of the podiatric physician health program.
This section modifies existing section 18.32.534. Here is the modified chapter for context.
To implement a dentist health program as authorized by RCW 18.130.175, the commission shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The dentist health program may include any or all of the following:
Contracting with providers of treatment programs;
Receiving and evaluating reports of suspected impairment from any source;
Intervening in cases of verified impairment;
Referring impaired dentists to treatment programs;
Monitoring the treatment and rehabilitation of impaired dentists including those ordered by the commission;
Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired dentists; and
Performing other related activities as determined by the commission.
A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to fifty dollars per year or equivalent on each license issuance or renewal to be collected by the department of health from every dentist licensed under this chapter . These moneys shall be placed in the health professions account to be used solely for the implementation of the dentist health program.
This section modifies existing section 18.57.015. Here is the modified chapter for context.
To implement an osteopathic physician health program as authorized by RCW 18.130.175, the board shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The osteopathic physician health program may include any or all of the following:
Contracting with providers of treatment programs;
Receiving and evaluating reports of suspected impairment from any source;
Intervening in cases of verified impairment;
Referring impaired osteopathic physicians to treatment programs;
Monitoring the treatment and rehabilitation of impaired osteopathic physicians including those ordered by the board;
Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired osteopathic physicians; and
Performing other related activities as determined by the board.
A contract entered into under subsection (1) of this section shall be financed by a surcharge of fifty dollars per year or equivalent on each license issuance or renewal to be collected by the department from every osteopathic physician licensed under this chapter. These moneys shall be placed in the health professions account to be used solely for the implementation of the osteopathic physician health program.
This section modifies existing section 18.71.300. Here is the modified chapter for context.
The definitions in this section apply throughout RCW 18.71.310 through 18.71.340 unless the context clearly requires otherwise.
"Entity" means a nonprofit corporation formed by physicians who have expertise in substance use disorders, mental illness**, and other potentially impairing health conditions** 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.
"Impaired" or "impairment" means the inability to practice medicine with reasonable skill and safety to patients by reason of a health condition.
"Physician health program" means the program for the prevention, detection, intervention, referral for evaluation and treatment, and monitoring of impaired or potentially impaired physicians established by the commission pursuant to RCW 18.71.310(1).
This section modifies existing section 18.71.310. Here is the modified chapter for context.
The commission shall enter into a contract with the entity to implement a physician health program. The commission may enter into a contract with the entity for up to six years in length. The physician health program may include any or all of the following:
Entering into relationships supportive of the physician health program with professionals who provide either evaluation or treatment services, or both;
Receiving and assessing reports of suspected impairment from any source;
Intervening in cases of verified impairment, or in cases where there is reasonable cause to suspect impairment;
Upon reasonable cause, referring suspected or verified impaired physicians for evaluation or treatment;
Monitoring the treatment and rehabilitation of participants including those ordered by the commission;
Providing monitoring and care management support of program participants;
Performing such other activities as agreed upon by the commission and the entity; and
Providing prevention and education services.
A contract entered into under subsection (1) of this section shall be financed by a surcharge of fifty dollars per year or equivalent on each license renewal or issuance of a new license to be collected by the department of health from every physician , surgeon**, and physician assistant** licensed under this chapter in addition to other license fees. These moneys shall be placed in the impaired physician account to be used solely to support the physician health program.
All funds in the impaired physician account shall be paid to the contract entity within sixty days of deposit.
This section modifies existing section 18.71.315. Here is the modified chapter for context.
The impaired physician account is created in the custody of the state treasurer. All receipts from RCW 18.71.310 from license surcharges on physicians and physician assistants shall be deposited into the account. Expenditures from the account may only be used for the physician health program under this chapter. Only the secretary of health or the secretary's designee may authorize expenditures from the account. No appropriation is required for expenditures from this account.
This section modifies existing section 18.71.320. Here is the modified chapter for context.
The entity shall develop procedures in consultation with the commission for:
Periodic reporting of statistical information regarding physician health program participant activity;
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;
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;
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;
Informing each participant of the physician health program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.
This section modifies existing section 18.92.047. Here is the modified chapter for context.
To implement a veterinarian health program as authorized by RCW 18.130.175, the veterinary board of governors shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The veterinarian health program may include any or all of the following:
Contracting with providers of treatment programs;
Receiving and evaluating reports of suspected impairment from any source;
Intervening in cases of verified impairment;
Referring impaired veterinarians to treatment programs;
Monitoring the treatment and rehabilitation of impaired veterinarians including those ordered by the board;
Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired veterinarians; and
Performing other related activities as determined by the board.
A contract entered into under subsection (1) of this section shall be financed by a surcharge of twenty-five dollars per year or equivalent on each license issuance or renewal of a new license to be collected by the department of health from every veterinarian licensed under this chapter . These moneys shall be placed in the health professions account to be used solely for the implementation of the veterinarian health program.
This section modifies existing section 18.130.070. Here is the modified chapter for context.
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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, physician health program, or voluntary substance use disorder 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.
The secretary may adopt rules to require other persons, including corporations, organizations, health care facilities, physician health programs, or voluntary substance use disorder monitoring programs approved by the disciplining authority, and state or local government agencies**,** to report:
Any conviction, determination, or finding that a license holder has committed an act which constitutes unprofessional conduct; or
Information to the disciplining authority, physician health program, or voluntary substance use disorder 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.
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.
Reporting under this section is not required by:
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
A physician health program or voluntary substance use disorder monitoring program approved by a disciplining authority under RCW 18.130.175 if the license holder is currently enrolled in the program, so long as the license holder actively participates in the program and the license holder's impairment does not constitute a clear and present danger to the public health, safety, or welfare.
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.
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.
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The holder of a license subject to the jurisdiction of this chapter shall report to the disciplining authority:
Any conviction, determination, or finding that he or she has committed unprofessional conduct or is unable to practice with reasonable skill or safety; and
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.
Failure to report within thirty days of notice of the conviction, determination, finding, or disqualification constitutes grounds for disciplinary action.