For immediate release: December 14, 2006 (06-207)

Contacts:
Tim Church, Communications Office 360-236-4077
Donn Moyer, Communications Office 360-236-4076

OLYMPIA - A ruling by the Washington Supreme Court will make it more difficult for the state to discipline health care providers. The court has ruled that the burden of proof in all professional license disciplinary proceedings is "clear and convincing evidence," rather than a "preponderance of the evidence" The "clear and convincing" evidence standard makes it tougher to prove a case. It is a more difficult burden to meet. This higher standard of proof previously was applied to actions involving physicians, but not to other health professionals.

"We’re disappointed because this ruling makes it harder for us to protect patients," said Secretary of Health Mary Selecky. "Still, we remain dedicated to protecting the public and this new standard won’t change that."

According to Laurie Jinkins of the Department of Health, the higher standard will make it tougher to prove cases — especially when the victim is incapacitated by age or disability. The legislature has given the department additional tools that will not be affected by this court ruling. "We’ll continue to check national databanks for actions in other states regarding our license-holders and applicants," said Jinkins. "We are proud of the efforts we have made over the past several years and will be undeterred in our efforts to protect the public."

The agency has focused its resources on high priority issues, including the physical and sexual abuse of patients. The types of information obtained before granting licenses has also been expanded. The Supreme Court’s ruling will not affect the agency’s ability to use these tools to protect public health and safety.

The Health Professions Quality Assurance office of the state Department of Health helps assure access to safe, competent health care providers. The office works with 12 boards, four commissions, and eight advisory committees. It sets licensing standards for 57 health care professions. This includes, among others, medical doctors, nurses, and counselors. The program and its partners credential nearly 300,000 health care professionals in our state.

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