reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 13 - MILITARY AND MILITARY-RELATED STATUS › Section 246-12-560 - How to return to active status from inactive military-related status

Current through Register Vol. 24-14, July 15, 2024
(1) A practitioner
				  in inactive military-related status can return his or her credential to active
				  status at any time.
(2) To change a
				  credential from an inactive military-related status to active status the
				  practitioner must:
(a) Pay the appropriate
				  current active renewal fee;
(b) Pay
				  the current substance abuse monitoring surcharge, if required by the profession
				  as part of renewal;
(c) Submit
				  documentation of the service member's current service or discharge
				  status.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-601 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of WAC 246-12-610 through 246-12-650 is to set
					 minimum standards for suicide prevention trainings for health care
					 professionals to be included on a model list of department of health-approved
					 trainings. Both trainers and health care professions may set standards for
					 trainings that exceed these standards. Training specific to a profession must
					 comply with that profession's rules for continuing education.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-610 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout WAC
					 246-12-601 through 246-12-650 unless the context clearly requires
					 otherwise.
(1) "Department" means the
				  Washington state department of health.
(2) "Health professional" means an individual
				  licensed or holding a retired active license in one of the health professions
				  listed in RCW    43.70.442 as required to take
				  training in suicide assessment, including screening and referral, suicide
				  treatment, and suicide management.
(3) "Model list" means the list of trainings
				  that meet minimum standards established by the department of health pursuant to
				  RCW
				     43.70.442.
(4) "Referral" means facilitating a client or
				  patient's linkage to other resources.
(5) "Screening" means asking questions to
				  identify a person at risk of suicide and to determine the need for further risk
				  assessment or referral. Screening may be the first step of suicide risk
				  assessment.
(6) "Secretary" means
				  the secretary of the department of health or the secretary's
				  designee.
(7) "Suicide assessment"
				  or "suicide risk assessment" means a structured process to gather accurate
				  information from a client or patient to determine risk of suicide.
(8) "Suicide treatment and management" means
				  engagement and collaboration between a health professional or team and client
				  or patient to resolve suicide risk by addressing the factors contributing to
				  risk, and ongoing monitoring and adjustment of treatment and safety
				  plans.
(9) "Training in suicide
				  assessment, treatment, and management" means empirically supported training
				  approved by the appropriate disciplining authority that contains the following
				  elements: Suicide assessment, including screening and referral, suicide
				  treatment, and suicide management.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-620 - Training delivery

Current through Register Vol. 24-14, July 15, 2024
Minimum standards for training delivery:
(1) Training must be provided using a
				  modality and number of sessions in accordance with each health profession's
				  rules for continuing education and suicide prevention training.
(2) Trainings must include opportunities for
				  skill practice through group activities or self-guided exercises.
(3) Trainings must meet the standards for
				  content identified in WAC 246-12-630 and 246-12-640.
(4) Trainers must meet the qualifications
				  identified in WAC 246-12-640.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-630 - Training content

Current through Register Vol. 24-14, July 15, 2024
Minimum standards for training content:
(1) Training content must be based on current
				  empirical research and known best practices.
(2) Training must reflect sensitivity and
				  relevance to the cultures and backgrounds of the relevant client or patient
				  populations.
(3) Content for
				  six-hour trainings must include the following. These are minimum time
				  requirements for each of these content areas. Additional time or content must
				  be added to total at least six hours.
(a) A
				  minimum of ninety minutes on suicide assessment. Content must include:
(i) How to structure an interview to gather
				  information from a client or patient on suicide risk and protective factors and
				  warning signs, including substance abuse;
(ii) How to use the information referenced in
				  (a)(i) of this subsection to understand the risk of suicide;
(iii) Appropriate actions and referrals for
				  various levels of risk; and
(iv)
				  How to appropriately document suicide risk assessment.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-640 - Training quality

Current through Register Vol. 24-14, July 15, 2024
Minimum standards for training quality:
(1) For the purpose of continuing
				  improvement, trainees shall be offered an evaluation assessing training quality
				  and participant learning. Completed evaluations will be returned to the trainer
				  or publisher of the training.
(2)
				  Trainers and training developers must have demonstrated knowledge and
				  experience related to suicide prevention and:
(a) An active license to practice as a health
				  care professional; or
(b) A
				  bachelor's degree or higher in public health, social science, education or a
				  related field from an accredited college or university; or
(c) At least three years of experience
				  delivering training in suicide prevention.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 14 - MINIMUM STANDARDS FOR SUICIDE PREVENTION TRAINING FOR HEALTH CARE PROFESSIONALS › Section 246-12-650 - Training approval processes

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary will approve suicide
				  prevention training programs that meet the requirements outlined in this
				  chapter.
(2) The secretary shall
				  determine a process to evaluate and approve trainings.
(3) Approved trainings will be published on
				  the model list beginning January 1, 2017.
(4) If the secretary notifies a training
				  program of the secretary's intent to deny approval and inclusion on the model
				  list, the training program, through its authorized representative, may request
				  an adjudicative proceeding pursuant to the appeal process in chapter 246-10
				  WAC. A request for an adjudicative proceeding must be in writing, state the
				  basis for contesting the adverse action, include a copy of the adverse notice
				  and be served on and received by the department within twenty-eight days of the
				  date the department mailed the adverse notice. The authorized representative of
				  the training program may submit a new application for the secretary's
				  consideration.
(5) If the secretary
				  notifies an approved training program of the secretary's intent to revoke
				  approval, the training program, through its authorized representative, may
				  request an adjudicative proceeding pursuant to the appeal process in chapter
				  246-10 WAC. A request for an adjudicative proceeding must be in writing, state
				  the basis for contesting the adverse action, include a copy of the adverse
				  notice and be served on and received by the department within twenty-eight days
				  of the applicant's or license holder's receipt of the adverse notice. If a
				  request for adjudicative proceeding is not received by the department within
				  twenty-eight days of the date the department mailed the adverse notice, the
				  secretary's decision is final. The authorized representative of the training
				  program must provide proof that the deficiencies which resulted in withdrawal
				  of the secretary's approval have been corrected before requesting
				  reapproval.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 15 - MINIMUM STANDARDS FOR HEALTH EQUITY CONTINUING EDUCATION TRAININGS FOR HEALTH CARE PROFESSIONALS › Section 246-12-800 - Purpose

Current through Register Vol. 24-14, July 15, 2024
WAC
					 246-12-810 through
					 246-12-830 contain model rules
					 establishing minimum standards for health equity continuing education trainings
					 for health care professionals credentialed under
					 RCW
					    18.130.040 with a continuing education
					 requirement. The rule-making authority for each health profession credentialed
					 under RCW
					    18.130.040 with a continuing education
					 requirement may set standards that exceed the minimum standards in this
					 chapter.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 15 - MINIMUM STANDARDS FOR HEALTH EQUITY CONTINUING EDUCATION TRAININGS FOR HEALTH CARE PROFESSIONALS › Section 246-12-810 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section and
					 RCW
					    43.70.613 apply throughout WAC
					 246-12-800 through
					 246-12-830 unless the context
					 clearly requires otherwise.
(1)
				  "Department" means the Washington state department of health.
(2) "Health care professional" means an
				  individual credentialed or holding a retired active credential in one of the
				  health professions listed in
				  RCW
				     18.130.040 with a continuing education
				  requirement.
(3) "Health equity"
				  means all people have the same opportunities and equal access in order to
				  attain their full health potential regardless of the color of their skin,
				  ancestry, ethnicity, level of education, gender identity, sexual orientation,
				  age, religion, socioeco-nomic status, the job they have, the neighborhood they
				  live in, or their ability status.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 15 - MINIMUM STANDARDS FOR HEALTH EQUITY CONTINUING EDUCATION TRAININGS FOR HEALTH CARE PROFESSIONALS › Section 246-12-820 - Health equity continuing education training minimum hours

Current through Register Vol. 24-14, July 15, 2024
Health care professionals must complete a minimum of two
					 hours in health equity continuing education training every four years, unless
					 the relevant rule-making authority specifies a higher number of hours in
					 rule.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-12 - Administrative procedures and requirements for credentialed health care providers › Part 15 - MINIMUM STANDARDS FOR HEALTH EQUITY CONTINUING EDUCATION TRAININGS FOR HEALTH CARE PROFESSIONALS › Section 246-12-830 - Health equity continuing education training content

Current through Register Vol. 24-14, July 15, 2024
An education program providing health equity continuing
					 education training must:
(1) Include
				  implicit bias training to identify strategies to reduce bias during assessment
				  and diagnosis and may include, but is not limited to, at least one of the
				  topics included in
				  RCW
				     43.70.613(3)(c).
(2) Have trainers with demonstrated knowledge
				  and experience related to health equity. Research referenced in the training
				  must be based on current empirical research and known best practices.
(3) Have courses that assess the health care
				  professional's ability to apply health equity concepts into practice in
				  accordance with profession specific rules, which may include, but are not
				  limited to:
(a) An assessment at the end of an
				  in-person or virtual continuing education training to determine knowledge
				  gained during that training; or
(b)
				  A document provided at the end of an in-person or virtual continuing education
				  training that attests attendance at the training.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-010 - Intent

Current through Register Vol. 24-14, July 15, 2024
These rules establish basic time periods for processing and
				  resolving complaints against credentialed health care providers and applicants.
				  The rules also provide enforcement mechanisms to ensure timely disposition of
				  complaints and adjudicative proceedings. The department of health does not
				  anticipate that the basic time period will be used in all cases. These rules
				  are adopted as required by
				  RCW
				     18.130.095(1). The intent is
				  to promote timely protection of the public and fairness to credential holders,
				  applicants, and complainants, without sacrificing public
				  safety.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-010,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-010, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) A "report" is
				information received by the department of health which raises concern about
				conduct, acts or conditions related to a credential holder or applicant or
				about the credential holder or applicant's ability to practice with reasonable
				skill and safety. If the disciplining authority determines a report warrants an
				investigation, the report becomes a "complaint."
(2) "Days" are calendar days unless otherwise
				indicated. If a time period would end on a Saturday, Sunday, or state holiday,
				that time period will end on the next business day.
(3) "Enhanced management oversight" is
				enhanced direction of a case imposed by department management as an enforcement
				mechanism when a basic time period is exceeded. Management will ensure the case
				moves through the stage promptly. Some examples of enhanced direction may be
				staffing changes, resource reallocation, and work planning.
Statutory Authority:
					 RCW
					 18.130.095. 08-20-121, § 246-14-020,
					 filed 9/30/08, effective 10/31/08; 07-24-073, § 246-14-020, filed 12/4/07,
					 effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-020, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-030 - What happens if a time period expires?

Current through Register Vol. 24-14, July 15, 2024
When a basic time period expires, enhanced management
				  oversight will occur. The reason for the delay will be noted in the tracking
				  system, but work on the case will not be interrupted.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-030,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-030, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-040 - Initial assessment of reports

Current through Register Vol. 24-14, July 15, 2024
(1) Initial assessment is the process of
				determining whether a report warrants an investigation and becomes a complaint.
				The complainant and credential holder or applicant will be notified as soon as
				possible after the initial assessment is complete.
(2) The basic time period for initial
				assessment is twenty-one days.
(3)
				All reports will be reviewed for imminent danger within two working days. If
				imminent danger is identified, the report will be immediately forwarded for
				processing.
Statutory Authority:
					 RCW
					 18.130.095(1). 00-10-114,
					 § 246-14-040, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-050 - Investigation of complaints

Current through Register Vol. 24-14, July 15, 2024
(1)
				Investigation is the process of gathering information which examines the
				complaint and the situation surrounding the complaint.
(2) The basic time period for investigation
				is one hundred seventy days.
Statutory Authority:
					 RCW
					 18.130.095(1). 00-10-114,
					 § 246-14-050, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-060 - Case disposition

Current through Register Vol. 24-14, July 15, 2024
(1)
				Case disposition is the process of deciding whether to issue a statement of
				charges on a complaint, to take informal action, or to close the complaint
				without action. It includes the processes necessary to implement the
				decision.
(2) The basic time period
				for case disposition is one hundred forty days.
(3) If a complaint returns to the case
				disposition stage because a stipulation to informal disposition has been
				rejected, there is a new basic period of sixty days.
Statutory Authority:
					 RCW
					 18.130.095(1). 00-10-114,
					 § 246-14-060, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-090 - Adjudication of statement of charges

Current through Register Vol. 24-14, July 15, 2024
(1) Procedures for adjudication of statements
				of charges are contained in chapters 246-10 and 246-11 WAC. Those rules provide
				for twenty days to file an answer, with a sixty-day extension for good cause,
				and thirty days to issue a scheduling order. They also provide for
				continuances.
(2) The basic time
				period for settlement, discovery, and commencement of hearing is one hundred
				eighty days or less, to be set in the scheduling order.
(3) The basic time period for issuing an
				order is forty-five days. For secretary professions, the forty-five day period
				begins upon completion of the hearing. For boards and commission professions,
				the forty-five day period begins upon completion of the hearing and
				deliberations.
(4) If no answer is
				filed or default occurs during the adjudication, a proposed final order of
				default will be submitted to the disciplining authority within sixty days of
				notice of failure to respond or notice of default. A final order will be issued
				within forty-five days of the submission.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-090,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-090, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-100 - Resolution of a statement of allegations

Current through Register Vol. 24-14, July 15, 2024
(1) If a statement of allegations is issued,
				the respondent will have twenty-eight days to make an initial response. If no
				response is made, the program's attorney may determine informal disposition has
				been rejected. The case will be returned to case disposition.
(2) If a response is made, the basic period
				for completion of informal resolution is sixty days. If informal resolution has
				not been reached within that time, the case will return to case disposition to
				determine appropriate action.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-100,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-100, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-110 - What happens if a case returns to a prior stage?

Current through Register Vol. 24-14, July 15, 2024
If a case returns to a prior stage, any unused basic time
				  period days in the prior stage may be used.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-110,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-110, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-14 - Uniform procedures for complaint resolution › Section 246-14-120 - Notice of applicable time periods

Current through Register Vol. 24-14, July 15, 2024
(1) Affected credential holders, applicants,
				and complainants will be notified of applicable time periods as soon as
				possible consistent with effective case management.
(2) Other information about applicable time
				periods will be released according to public records law.
Statutory Authority:
					 RCW
					 18.130.095. 07-24-073, § 246-14-120,
					 filed 12/4/07, effective 1/4/08. Statutory Authority:
					 RCW
					    18.130.095(1). 00-10-114,
					 § 246-14-120, filed 5/3/00, effective
					 7/2/00.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-15 - Whistleblower complaints in health care settings › Section 246-15-001 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter are adopted pursuant to
				  RCW
				     43.70.075. The purpose of these rules is to
				  protect the identity of persons who communicate in good faith to the department
				  alleging the improper quality of care by a health care facility or provider as
				  defined in this chapter, and set forth the process the department will use in
				  receiving, investigating, and resolving complaints.
Statutory Authority:
					 RCW
					    43.70.075 and
					 43.70.040. 97-02-013, §
					 246-15-001, filed 12/20/96, effective
					 1/20/97.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-15 - Whistleblower complaints in health care settings › Section 246-15-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				  unless the context clearly indicates otherwise.
(1) "Consumer" means:
(a) An individual receiving health care or
				services from a health care facility or health care professional;
(b) A person pursuant to
				RCW
				   7.70.065 authorized to provide informed
				consent to health care on behalf of (a) of this subsection who is not competent
				to consent.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-15 - Whistleblower complaints in health care settings › Section 246-15-020 - Rights and responsibilities-Whistleblower and department

Current through Register Vol. 24-14, July 15, 2024
(1) The identity of the whistle-blower
				remains confidential when, in good faith, the whistleblower:
(a) Complains about the improper quality by a
				health care provider or in a health care facility;
(b) Initiates any investigation or
				administrative proceeding about a complaint of improper quality of care;
				or
(c) Submits a notification or
				report of an adverse event or an incident to the department under
				RCW
				   70.56.020 or to the independent entity under
				RCW
				   70.56.040.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-15 - Whistleblower complaints in health care settings › Section 246-15-030 - Procedures for filing, investigation, and resolution of whistleblower complaints

Current through Register Vol. 24-14, July 15, 2024
(1) In
				filing, investigating, and resolving a whistleblower complaint, the department
				will protect a whistleblower's identity consistent with WAC
				246-15-020.
(2) The regulatory authority will:
(a) Assess complaints based on potential
				imminent danger to the public and prioritize based on the initial
				determination;
(b) If authorized,
				conduct investigations and gather information as appropriate to the
				allegation;
(c) Review
				investigative findings to determine whether a violation of any statutes or
				rules occurred; and
(d) Take
				appropriate disciplinary action or close the case.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › Section 246-16-010 - Purpose of chapter

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter define certain acts of
				  unprofessional conduct for health care providers under the jurisdiction of the
				  secretary of the department of health as provided in
				  RCW
				     18.130.040(2)(a) including
				  persons licensed or certified by the secretary under
				  chapter
				  18.73 RCW or
				  RCW
				     18.71.205. The rules also provide for
				  sanctions. The secretary may adopt rules applicable to specific professions
				  under RCW
				     18.130.040(2). These rules
				  also serve as model rules for the disciplining authorities listed in
				  RCW
				     18.130.040(2)(b).
Statutory Authority:
					 RCW
					 18.130.050(1), (12) and
					 18.130.180. 06-18-045, §
					 246-16-010, filed 8/30/06, effective
					 9/30/06.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › Section 246-16-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Health care
				information" means any information, whether oral or recorded in any form or
				medium that identifies or can readily be associated with the identity of, and
				relates to the health care of, a patient or client.
(2) "Health care provider" means an
				individual applying for a credential or credentialed in a profession listed in
				RCW
				   18.130.040(2)(a).
(3) "Key party" means immediate family
				members and others who would be reasonably expected to play a significant role
				in the health care decisions of the patient or client and includes, but is not
				limited to, the spouse, domestic partner, sibling, parent, child, guardian and
				person authorized to make health care decisions of the patient or
				client.
(4) "Legitimate health care
				purpose" means activities for examination, diagnosis, treatment, and personal
				care of patients or clients, including palliative care, as consistent with
				community standards of practice for the profession. The activity must be within
				the scope of practice of the health care provider.
(5) "Patient" or "client" means an individual
				who receives health care from a health care provider.
Statutory Authority:
					 RCW
					 18.130.050(1), (12) and
					 18.130.180. 06-18-045, §
					 246-16-020, filed 8/30/06, effective
					 9/30/06.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SEXUAL MISCONDUCT › Section 246-16-100 - Sexual misconduct

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  health care provider shall not engage, or attempt to engage, in sexual
				  misconduct with a current patient, client, or key party, inside or outside the
				  health care setting. Sexual misconduct shall constitute grounds for
				  disciplinary action. Sexual misconduct includes but is not limited to:
(a) Sexual intercourse;
(b) Touching the breasts, genitals, anus or
				  any sexualized body part except as consistent with accepted community standards
				  of practice for examination, diagnosis and treatment and within the health care
				  practitioner's scope of practice;
(c) Rubbing against a patient or client or
				  key party for sexual gratification;
(d) Kissing;
(e) Hugging, touching, fondling or caressing
				  of a romantic or sexual nature;
(f)
				  Examination of or touching genitals without using gloves;
(g) Not allowing a patient or client privacy
				  to dress or undress except as may be necessary in emergencies or custodial
				  situations;
(h) Not providing the
				  patient or client a gown or draping except as may be necessary in
				  emergencies;
(i) Dressing or
				  undressing in the presence of the patient, client or key party;
(j) Removing patient or client's clothing or
				  gown or draping without consent, emergent medical necessity or being in a
				  custodial setting;
(k) Encouraging
				  masturbation or other sex act in the presence of the health care provider;
(l) Masturbation or other sex act
				  by the health care provider in the presence of the patient, client or key
				  party;
(m) Suggesting or discussing
				  the possibility of a dating, sexual or romantic relationship after the
				  professional relationship ends;
(n)
				  Terminating a professional relationship for the purpose of dating or pursuing a
				  romantic or sexual relationship;
(o) Soliciting a date with a patient, client
				  or key party;
(p) Discussing the
				  sexual history, preferences or fantasies of the health care provider;
(q) Any behavior, gestures, or expressions
				  that may reasonably be interpreted as seductive or sexual;
(r) Making statements regarding the patient,
				  client or key party's body, appearance, sexual history, or sexual orientation
				  other than for legitimate health care purposes;
(s) Sexually demeaning behavior including any
				  verbal or physical contact which may reasonably be interpreted as demeaning,
				  humiliating, embarrassing, threatening or harming a patient, client or key
				  party;
(t) Photographing or filming
				  the body or any body part or pose of a patient, client, or key party, other
				  than for legitimate health care purposes; and
(u) Showing a patient, client or key party
				  sexually explicit photographs, other than for legitimate health care
				  purposes.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-200 - Mandatory reporting - Intent

Current through Register Vol. 24-14, July 15, 2024
These mandatory reporting rules require certain reports
					 about license holders and are intended to address patient safety. These rules
					 are not intended to limit reports from any person who has a concern about a
					 license holder's conduct or ability to practice safely.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-200, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-210 - Mandatory reporting - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Approved impaired practitioner or
				  voluntary substance abuse program" means a program authorized by
				  RCW
				     18.130.175 and approved by a disciplining
				  authority listed in
				  RCW
				     18.130.040.
(2) "Conviction" means a court has decided a
				  person is guilty of any gross misdemeanor or felony. It includes any guilty or
				  no contest plea and all decisions with a deferred or suspended
				  sentence.
(3) "Determination or
				  finding" means a final decision by an entity required or requested to report
				  under this chapter. This applies even if no adverse action or sanction has been
				  imposed or if the license holder is appealing the decision.
(4) "License holder" means a person holding a
				  credential in a profession regulated by a disciplining authority listed in
				  RCW
				     18.130.040(2).
(5) "Unable to practice with reasonable skill
				  and safety due to a mental or physical condition" means a license holder who:
(a) A court has declared to be incompetent or
				  mentally ill; or
(b) Is not
				  successfully managing a mental or physical condition and as a result poses a
				  risk to patient safety.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-220 - Mandatory reporting - How and when to report

Current through Register Vol. 24-14, July 15, 2024
(1) Reports are submitted to the department
				  of health. The department will give the report to the appropriate disciplining
				  authority for review, possible investigation, and further action.
(a) When a patient has been harmed, a report
				  to the department is required. A report to one of the approved impaired
				  practitioner or voluntary substance abuse programs is not a substitute for
				  reporting to the department.
(b)
				  When there is no patient harm, reports of inability to practice with reasonable
				  skill and safety due to a mental or physical condition may be submitted to one
				  of the approved impaired practitioner or voluntary substance abuse programs or
				  to the department. Reports of unprofessional conduct are submitted to the
				  department.
(c) Reports to a
				  national practitioner data bank do not meet the requirement of this
				  section.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-230 - Mandatory reporting - License holder self reports

Current through Register Vol. 24-14, July 15, 2024
Each license holder must self report:
(1) Any conviction, determination, or finding
				  that he or she has committed unprofessional conduct; or
(2) Information that he or she is unable to
				  practice with reasonable skill and safety due to a mental or physical
				  condition; or
(3) Any
				  disqualification from participation in the federal medicare or medicaid
				  program.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-230, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-235 - Mandatory reporting - License holder reporting other license holders

Current through Register Vol. 24-14, July 15, 2024
A license holder must report another license holder in some
					 circumstances.
(1) The reporting
				  license holder must submit a report when he or she has actual knowledge of:
(a) Any conviction, determination, or finding
				  that another license holder has committed an act that constitutes
				  unprofessional conduct; or
(b) That
				  another license holder may not be able to practice his or her profession with
				  reasonable skill and safety due to a mental or physical condition.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-240 - Mandatory reporting - Reports by professional liability insurance carriers

Current through Register Vol. 24-14, July 15, 2024
Every institution, corporation or organization providing
					 professional liability insurance to a license holder must report:
(1) Any malpractice settlement, award, or
				  payment in excess of twenty thousand dollars that results from a claim or
				  action for damages allegedly caused by a license holder's incompetence or
				  negligence in the practice of the profession.
(2) Award, settlement, or payment of three or
				  more claims during a twelve-month period that result from claims or actions for
				  damages allegedly caused by the license holder's incompetence or negligence in
				  the practice of the profession.
(3)
				  Reports made according to
				  RCW
				     18.57.245 or
				  18.71.350 meet the
				  requirement.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-240, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-245 - Mandatory reporting - Reports by health care institutions

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				  applies to:
(a) Hospitals and specialty
				  hospital defined in
				  chapter
				  70.41 RCW;
(b) Ambulatory surgery facilities defined in
				  chapter 70.230 RCW;
(c) Childbirth
				  centers defined in
				  chapter
				  18.46 RCW;
(d) Nursing homes defined in
				  chapter
				  18.51 RCW;
(e) Chemical dependency treatment programs
				  defined in
				  chapter
				  70.96A RCW;
(f) Drug treatment agencies defined in
				  chapter 69.54 RCW; and
(g) Public
				  and private mental health treatment agencies defined in
				  RCW
				     71.05.020 and
				  71.24.025.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-250 - Mandatory reporting - Reports by health service contractors and disability insurers

Current through Register Vol. 24-14, July 15, 2024
The executive officer of health care service contractors
					 and disability insurers licensed under
					 chapters
					 48.20,
					 48.21,
					 48.21A, and
					 48.44 RCW must report when the
					 entity has made a determination or finding that a license holder has engaged in
					 billing fraud.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-250, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-255 - Mandatory reporting - Reports by professional review organizations

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				  applies to every peer review committee, quality improvement committee, or other
				  similarly designated professional review organization operating in the state of
				  Washington.
(2) Unless prohibited
				  by state or federal law, the professional review organization must report:
(a) When it makes a determination or finding
				  that a license holder has caused harm to a patient or placed a patient at
				  unreasonable risk of harm; and
(b)
				  When it has actual knowledge that the license holder poses an unreasonable risk
				  of harm due to a mental or physical condition.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-260 - Mandatory reporting - Reports by courts

Current through Register Vol. 24-14, July 15, 2024
The department requests that the clerks of trial courts in
					 Washington report professional malpractice judgments and all convictions
					 against a license holder.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-260, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-265 - Mandatory reporting - Reports by state and federal agencies

Current through Register Vol. 24-14, July 15, 2024
The department requests that any state or federal program
					 employing a license holder in Washington reports:
(1) When it determines a license holder has
				  harmed or placed at unreasonable risk of harm a patient or client;
				  and
(2) When it has actual
				  knowledge that the license holder poses an unreasonable risk of harm due to a
				  mental or physical condition.
Statutory Authority:
						RCW
						18.130.070 and
						18.130.060. 08-08-066, §
						246-16-265, filed 3/31/08, effective
						5/1/08.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › MANDATORY REPORTING › Section 246-16-270 - Mandatory reporting - Reports by employers of license holders

Current through Register Vol. 24-14, July 15, 2024
(1) Every license
				  holder, corporation, organization, health care facility, and state and local
				  governmental agency that employs a license holder shall report to the
				  department of health when the employed license holder's services have been
				  terminated or restricted based on a final determination or finding that the
				  license holder:
(a) Has committed an act or
				  acts that may constitute unprofessional conduct; or
(b) May not be able to practice his or her
				  profession with reasonable skill and safety due to a mental or physical
				  condition.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-800 - Sanctions - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Applying these rules.
(a) The disciplining authorities listed in
				  RCW
				     18.130.040(2) will apply
				  these rules to determine sanctions imposed for unprofessional conduct by a
				  license holder in any active, inactive, or expired status. The rules do not
				  apply to applicants.
(b) The
				  disciplining authorities will apply the rules in:
(i) Orders under
				  RCW
				     18.130.110 or
				  18.130.160; and
(ii) Stipulations to informal disposition
				  under RCW
				     18.130.172.
(c) Sanctions will begin on the effective
				  date of the order.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-810 - Sanction schedule - Practice below standard of care

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-810,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-820 - Sanction schedule - Sexual misconduct or contact

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-820,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-830 - Sanction schedule - Abuse - Physical and emotional

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-830,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-840 - Sanction schedule - Diversion of controlled substances or legend drugs

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-840,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-850 - Sanction schedule - Substance abuse

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-850,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-860 - Sanction schedule - Criminal convictions

Current through Register Vol. 24-14, July 15, 2024
Click to view
								  image
Statutory Authority:
						RCW
						18.130.390. 09-15-190, § 246-16-860,
						filed 7/22/09, effective 8/22/09.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-16 - Standards of professional conduct › SANCTIONS › Section 246-16-890 - Sanctions - Aggravating and mitigating factors

Current through Register Vol. 24-14, July 15, 2024
The following nonexclusive list identifies factors that may
					 mitigate or aggravate the sanctions that should be imposed in an order or
					 stipulation to informal disposition.
(1) Factors related to the unprofessional
				  conduct:
(a) Gravity of the unprofessional
				  conduct;
(b) Age, capacity and/or
				  vulnerability of the patient, client or victim;
(c) Number or frequency of the acts of
				  unprofessional conduct;
(d) Injury
				  caused by the unprofessional conduct;
(e) Potential for injury to be caused by the
				  unprofessional conduct;
(f) Degree
				  of responsibility for the outcome;
(g) Abuse of trust;
(h) Intentional or inadvertent
				  act(s);
(i) Motivation is criminal,
				  immoral, dishonest or for personal gain;
(j) Length of time since the unprofessional
				  conduct occurred.