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Glossary of Terms

The purpose of this glossary is to assist you in understanding the words and phrases used by the Department of Health. These summaries are not legal definitions, but rather general descriptions of words and phrases used in the Health Professions Web site, the profession home pages and in legal documents.

 

A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W    X   Y   Z  


A

Active

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate.

Active in Renewal

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate.

Active Not Renewable

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate. The credential is active, but cannot be renewed when it expires.

Active On Probation

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate.

Active Print License

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate.

Active With Conditions

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate. The credential is active, identifies credential holder is being monitored for compliance, but is not restricted or on probation.

Active With Restrictions

A credential status indicating a health care professional has a current license to practice or health care agency or facility has a current license to operate.

Active Provisional

A credential status indicating a health care professional has a current license to practice while waiting for an opportunity take/pass exam or health care agency or facility has a current license to operate while awaiting an inspection.

Adjudicative Clerk Office

A unit within the Department of Health that coordinates the distribution of documents and schedules the settlement conferences and hearings. The Adjudicative Clerk Office is similar to the clerk's office in courts of law.

Adjudicative Proceeding or Process

The legal process used to resolve disciplinary matters. It begins with a statement or allegations of charges and includes efforts to settle a case rather than hold a formal hearing. If the case is not settled, it includes preparing for and conducting a formal hearing. Formal hearings are similar to trials in courts of law.

Administrative Procedures Act (APA)

A law that establishes requirements for rule making, adjudicative proceedings, and appeal of Department of Health disciplinary decisions to courts of law. Chapter 34.05. RCW

Agreed Order

A document issued by the disciplinary authority that is negotiated by the health care professional and their attorney, if represented, with representatives from the Department of Health. The conditions regarding practice are agreed upon. The order is presented to the disciplinary authority and if approved, becomes final. The document is usually called a Stipulated Finding of Facts, Conclusion of Law and Agreed Order.

Appeal Process

A health care professional has the right to appeal a final decision of a disciplinary authority to a court of appeals. The process involves filing a petition with a county superior court. Depending on the outcome, the health care professional can appeal to an appellate court. An appellate court's decision sets precedence for future decisions of the same nature. The Washington State Supreme Court has also been petitioned by health care professionals to hear their case, if they found the appellate court's decision unsatisfactory. The terms, appeal process and judicial review, have the same meaning.

Appellant

One of the parties to a case. The appellant is called this because he or she is appealing an action or a decision. The other parties might be called the respondent, or might be an administrative agency.

Applicant

A person who applies for a credential. Applicant and candidate have the same meaning.

Approved

A credential status indicating an individual or organization that is not credentialed by the Department of Health, but is required to be approved by the Department of Health.

Assessment

The Department of Health or the disciplining authority reviews the complaint and background information made against a health care professional or health care agency or facility to see if an investigation should occur. A case can be closed at this point.

Assistant Attorney General

An attorney who works in the Washington State Attorney General's Office representing state agencies in the hearing phase of the disciplinary and appeal processes.

B

Below Threshold

Thresholds established by each disciplinary authority that are used as a basis to close a case concerning a health care professional without an investigation or disciplinary action. Below Threshold complaints are ones that suggest little or no risk of harm to the public.

Board

Members of a health care profession and public members appointed by the Governor to determine the competency and quality of health care professionals in a particular profession. The board's authority is outlined in the law relating to the profession. The terms, board and commission, have the same meaning.

Brief Adjudicative Proceeding

An adjudicative process that relies on a legal document review, without testimony from individuals at a hearing, to resolve a dispute.

C

Candidate

A person who applies for a credential. Candidate and applicant have the same meaning.

Case Disposition

The process of evaluating evidence from an investigation and making a decision to take action or to close the complaint.

Case Number

A number assigned for tracking purposes when allegations against a health care professional are first received.

Certification

A voluntary process by which the state grants recognition to an individual who has met certain qualifications. The qualifications are set in law. A non-certified person may perform the same tasks, but may not use "certified" in the title.

Closed

A credential status for a health care professional applicant that remains deficient of required documentation or fees for 300 days or more - or- for a facility or organization that stopped operating/no longer in business.

Commission

Members of a health care profession and public members appointed by the Governor to determine the competency and quality of health care professionals in a particular profession. The commission's authority is outlined in the law relating to the profession. The terms, board and commission, have the same meaning.

Complainant

A person who submits a complaint.

Compliance and Monitoring

The process used to monitor a health care professional who has been disciplined and must comply with specific conditions in order to practice. Conditions may include payment of fines, psychological evaluation and treatment, retraining, supervision, etc.

Continuance

Postponing the hearing to a later date.

Continuing Education

Education that is in addition to the educational requirements for entry into a profession. Continuing education helps health care professionals become aware of new developments in their field.

Corrective Action

Formal or informal actions a disciplinary authority can take to limit or restrict a health care professional in practice or to impose conditions for practice. The health care professional may also be prevented from practicing as a result of the action. The terms, corrective action and disciplinary action, have the same meaning.

Cost Recovery

A complaint that is resolved informally by the disciplinary authority with a Stipulation to Informal Disposition (STID) permits the recovery of costs incurred in the process. Up to $1000 per allegation may be reimbursed to the program for the costs of the investigation and processing the complaint.

Credential

A document authorizing a person to practice a regulated health care profession. The law regulating the profession determines whether the credential needs to be a license, certification or registration.

D

Default Order

A final order issued by the disciplinary authority when the licensee was notified and failed to answer or participate in the adjudicative process. A Default Order authorizes the disciplinary authority to issue a final order without further participation by the health care professional.

Denied

A credential status indicating a health care professional applicant or candidate -or- for a facility or organization that has been denied a credential.

Disciplinary Action

Formal or informal actions a disciplinary authority can take to limit or restrict a health care professional in practice or to impose conditions for practice. The health care professional may also be prevented from practicing as a result of the action. The terms, disciplinary action and corrective action, have the same meaning.

Disciplinary Authority

The entity authorized by law to regulate the profession. The Department of Health Secretary is the disciplinary authority for some health care professions. Boards and commissions serve as the disciplinary authorities for other health care professions.

Disciplinary Guidelines

Standards adopted by the Department of Health and all health care profession boards and commissions that provide a consistent approach for taking action against health care professionals.

Docket Number

A tracking number assigned to cases by the Adjudicative Clerk Office. One docket number may be assigned to a number of cases that are resolved at the same time regarding a single health care professional.

E

Enforcement Action

An action taken by a disciplining authority to deny an applicant’s request for licensure or restrict, suspend, revoke, modify, or not renew the license of a currently licensed health care professional or health care agency or facility.

Expired

A credential status indicating a health care professional or health care agency or facility that is not renewed on or before the expiration date. While expired, the health care professional cannot practice or health care agency or facility cannot operate.

Expired in Renewal

A credential status indicating a health care professional or health care agency or facility that is not renewed on or before the expiration date. While expired, the health care professional cannot practice or health care agency or facility cannot operate.

F

Final Order

A document issued by the disciplinary authority that is issued as a result of a formal hearing and is usually called Findings of Fact, Conclusions of Law, and Final Order.

Fine

One of a number of sanctions that the disciplinary authority (board, commission, or designee of the Department of Health Secretary) can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. The law permits a fine of up to $5,000 for each violation determined by the disciplinary authority as the result of a hearing.

Formal Hearing

A proceeding in which evidence is heard by the disciplinary authority, in order to make a decision regarding the facts of the case. Both the health care professional and the representative for the Department of Health present their arguments. It is a formal proceeding similar to a trial that results in action for or against the health care professional.

H

Health Law Judge

An attorney employed by the Department of Health to conduct adjudicative proceedings. For professions regulated by the Department of Health Secretary, the Health Law Judge conducts the proceedings and makes the final decision. For boards and commissions, the Health Law Judge presides, but members of the board or commission make the final decision.

I

Inactive

A credential status indicating a health care professional has requested when they are not practicing in Washington. (Only selected professions allowed Inactive status in RCW).

Initial Finding

A term that means a determination made by the Department of Health upon investigation of an allegation of abandonment, abuse, financial exploitation, neglect, or self-neglect. If the department determines it is more likely than not the incident occurred, the department documents the finding as "substantiated." If the department determines it is more likely than not, the incident did not occur, the department documents the finding as "unsubstantiated." If the department cannot make a determination about whether the incident occurred or did not occur on a more probable than not basis, the department documents the finding as "inconclusive."

Inoperable

A credential status indicating a health care professional cannot practice because he/she is not employed where employment is a requirement of the credential. This is not the result of disciplining action. The health care professional can resume practice when appropriately employed.

Intake

Reports that come to the Department of Health that register a complaint about a health care professional or a health care agency or facility. The department staff checks to see if there have been prior complaints or discipline on the health care professional or health care agency or facility.

Investigation

The process used by trained Department of Health employees to interview people and gather the facts about a complaint.

J

Judicial Review

A health care professional has the right to appeal a final decision of a disciplinary authority to a court of appeals. The process involves filing a petition with a county superior court. Depending on the outcome, the health care professional can appeal to an appellate court. An appellate court's decision sets precedence for future decisions of the same nature. The Washington State Supreme Court has also been petitioned by health care professionals to hear their case, if they found the appellate court's decision unsatisfactory. The terms, judicial review and appeal process, have the same meaning.

Jurisdiction

A legal term that refers to the subject matter a disciplinary authority is allowed by law to address. If the disciplinary authority does not have jurisdiction, no action can be taken.

L

License

A method of regulation by which the state grants permission to persons who meet predetermined qualifications to engage in a health profession. The qualifications are set by law and without a license; the practice of the specific health profession would be unlawful. Licensure protects the scope of practice and the health care professional's title.

Limitation

One of a number of sanctions that the disciplinary authority can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. An example of a limitation is the health care professional may only treat male patients as the result of a hearing in which the allegations were sexual misconduct involving female patients. The terms, limitation, and restriction, have the same meaning.

Limited License

A type of credential that allows a health care professional to practice only in limited settings or under limited circumstances, depending on the profession. A limited license could be granted to a physician who will be employed by a county health department and who is already licensed in another state. A limited license is NOT the result of disciplinary action.

M

Military

A credential status indicating a health care professional is active military.

N

No Cause for Action

A complaint that is closed because no violation of the law has been proven.

Non Applicable

Determined that credential is not required for the services provided.

Notice of Correction

A notice issued to the health care professional that a violation of a statute or rule has been documented. The notices are NOT considered disciplinary actions. The provider is given a reasonable period of time to correct the violation. By law, Notices of Correction cannot be appealed. They are not open to public disclosure unless someone requests the information in the name of the specific health care professional.

P

Panel

Three or more members of a board or commission who have been designated to make disciplinary decisions on behalf of the board or commission. The law permits the use of panels.

Pending

A credential status for an application that is in process of being reviewed and has not been issued.

Permanent Revocation

A credential status that indicates a sanction that the disciplining authority has imposed. A revocation ends the health care professional’s right to practice their profession.

Petition

A formal request. An example is a petition for review (appeal).

Petition for Reconsideration

A health care professional may petition the disciplinary authority to reconsider its decision as a result of a formal hearing. The petition must be filed within ten days of the service of the final order. The petition will have been denied if the disciplinary authority does not address the request within 20 days from receipt, or let the health care professional know in writing when it will act on the petition.

Practitioner

A health care professional.

Probation

A period of time during which a health care professional must meet certain conditions set by the disciplinary authority in order to continue to practice. The terms, probation and stayed suspension, have the same meaning.

Program

Department of Health staff that work to support the licensing, rulemaking, and disciplinary processes for a regulated profession.

Public Disclosure

The release of public records that relate to the conduct of a government function kept by the Department of Health or any other state agency. Not all records can be disclosed due to legal constraints. For example, medical records cannot be released.

Public Member

An individual serving on a board or commission who is not a member of the profession.

Public Record

Any document that is required by law to be created or maintained. Public records can have many formats including electronic.

R

Registration

A process by which the state maintains; an official roster of names and addresses of the practitioners in a given profession and, if required, the location, nature, and operation of the health activity practiced.

Reprimand

One of a number of sanctions that the disciplinary authority (board, commission, or designee of the Department of Health Secretary) can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. A reprimand is considered a formal rebuke regarding the conduct.

Respondent

A health care professional who has received notice of allegations against him/her.

Restriction

One of a number of sanctions that the disciplinary authority can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. An example of a limitation is the health care professional may only treat male patients as the result of a hearing in which the allegations were sexual misconduct involving female patients. The terms, restriction, and limitation, have the same meaning.

Retired

A credential status allowing intermittent or emergency practice.

Retired Active

A credential status allowing intermittent or emergency practice.

Retired Active In State

A credential status allowing intermittent or emergency practice.

Retired Active Out Of State

A credential status allowing intermittent or emergency practice.

Reviewing Member

Usually a member of a board or commission assigned to review the evidence in a particular complaint against a health care professional. The member works with an investigator, a staff attorney, and/or an assistant attorney general to present a recommendation to the disciplinary authority about how the case should be resolved. The member brings their professional expertise to the process.

Revised Code of Washington (RCW)

Laws (also known as statutes) that are written by the Legislature and signed into law by the Governor. RCWs are filed by chapter with the Code Reviser. Title 18, Business and Professions, is the chapter that refers to the regulation of health professions Revised Code of Washington (RCW).

Revoked

Credential status that indicates a sanction that the disciplining authority has imposed. A revocation ends the health care professional’s right to practice their profession.

Rule

Also known as Washington Administrative Codes (WACs), rules are an interpretation of statutes written by a government agency or board. Rules help clarify the terms that are found in related statutes. Rules are legally binding and are filed by chapter with the Code Reviser. Title 246, Department of Health, is the chapter that refers to the regulation of health professions. Revised Code of Washington (RCW).

S

Sanctions

Conditions that the disciplinary authority can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. Sanctions that can be imposed are defined in the Uniform Disciplinary Act and range from reprimand to revocation.

Service

Service of a legal document means posting in the United States mail, properly addressed, postage prepaid, or personal service. Service by mail is complete upon deposit in the United States mail.

Settlement Conference

A settlement conference is a meeting made available to health care professionals once they have been notified of the allegations or charges against them. The health care professional and attorney, if represented, attend. They meet with representatives of the Department of Health including a staff attorney or an assistant attorney general. It is an opportunity to mutually agree upon conditions for continued practice, if the health care professional can practice safely. The Agreed Order must then be presented and approved by the disciplinary authority.

Staff Attorney

A Department of Health attorney who provides a legal review of a complaint after investigation, writes legal documents, assists in managing the case once the health care professional is notified of the allegations or charges, attends settlement conference, and presents Agreed Orders to the disciplinary authority.

Statement of Charges

A document issued that presents allegations of violations of the law, the Uniform Disciplinary Act, or other laws that pertain to health care professionals.

Statute

Laws that are written by the Legislature and signed into law by the Governor. Statutes are filed by chapter with the Code Reviser. Title 18, Business and Professions, is the chapter that refers to the regulation of health professions. Revised Code of Washington (RCW).

Statutory Authority

The authority granted by the Legislature that gives a government agency, board or commission the power to enforce the law or create rules to implement the law.

Stayed Suspension

A sanction that the disciplinary authority can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. A stayed suspension allows the health care professional to practice as long as certain conditions are met. The terms, stayed suspension and probation, have the same meaning.

Stipulation to Informal Disposition (STID)

An informal method for the disciplinary authority to resolve a complaint against a health care professional. The document when issued is accompanied by another document called a Statement of Allegations. If the health care professional agrees to sign the STID, he/she does not admit to unprofessional conduct, but does agree to corrective action. Additional training is an example of corrective action. STIDs are reportable to national data banks but they are not open to public disclosure unless someone requests the information in the name of the specific health care professional.

Summary Limitation

A sanction that the disciplinary authority can impose as the result of an investigation that indicates there is immediate danger to the public, if the health care professional continues some part of their practice. Until a hearing is held, the health care professional is limited in their practice, but may legally continue the practice that is not limited.

Summary Restriction

Credential status that indicates that the disciplining authority has determined that the credential holder poses immediate danger to the public. Until a hearing is held, the health care professional is limited in their practice.

Summary Suspension

Credential status that indicates that the disciplinary authority has determined that the credential holder poses immediate danger to the public if the health care professional continues to practice. The health care professional cannot legally practice until a hearing is held.

Superseded

Credential status that indicates that the credential is no longer active but has been followed by another higher level or permanent, credential.

Surrender

Credential status that indicates that the license is surrendered, not allowed to practice.

Suspended

Credential status that the disciplining authority can impose as the result of a hearing in which the health care professional was found to have committed unprofessional conduct. A suspension ends the health care professional’s right to practice their profession for a specific period of time and/or until certain conditions are met.

T

Temporary Credential

A type of credential that authorizes a health care professional to practice for a limited time. The temporary credential is NOT the result of disciplinary action.

Terminated

A credential status indicating a health care professional cannot practice because he/she no longer has an appropriate supervisor. This is NOT the result of disciplining action. The health care professional can resume practice when another supervisor accepts responsibility.
 

U

Uniform Disciplinary Act (UDA)

This is a chapter in Washington State law that provides standardized procedures for approving applicants for credentials and for disciplining health care professionals. The purpose is to assure the public of the professional competency and quality of health care professionals. Chapter 18.130 RCW Regulation of Health Professions  Uniform Disciplinary Act

Unprofessional Conduct

The Uniform Disciplinary Act identifies 25 violations of the law for which a health care professional can be charged with unprofessional conduct.

V

Voluntary Surrender

A credential status indicating the health care professional voluntarily gave up the credential rather than face disciplining action.

Vulnerable Adult

A vulnerable adult is defined by law as a person who is:

  • 60 years of age or older who lacks the functional, physical, or mental ability to care for himself or herself;
  • an adult with a developmental disability;
  • admitted to any facility;
  • receiving care and services from home health, hospice, or home care agencies licensed or required to be licensed under Chapter 70.127 RCW;
  • receiving services from an individual provider;
  • functionally disabled yet who lives in his or her own home;
  • under the care of a legal guardian per RCW 11.88.008.

A vulnerable adult, per the Office of Attorney General, is one who by virtue of age, physical injury, disability, disease or emotional or developmental disorders is unable to independently provide for their own basic necessities for life.

W

Washington Administrative Code (WAC)

An interpretation of statutes written by a government agency or board. WACs help clarify the terms that are found in related statutes (RCWs). WACs are legally binding and are filed by chapter with the Code Reviser. Title 246, Department of Health, is the chapter that refers to the regulation of health professions. Revised Code of Washington (RCW).

Whistleblower Protection

Statutes that protect the identity of a person who files a complaint with the Department of Health. A person who files a complaint in good faith is immune from being sued in a civil action related to the filing of the complaint.

Z

Zlegacy – Withdrawn

This references the older previous credentialing system, in use prior to February 2008.

 


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