|
Word |
Summary |
|
Active |
A term indicating the
health care professional has a current license to
practice. |
|
Adjudicative Clerk Office
|
An office 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.
|
|
Applicant |
A person who applies for
a credential. Applicant and candidate have the
same meaning. |
|
Assessment |
The process used by the
Department of Health to determine whether to
investigate a complaint or close it without
investigation. |
|
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.
|
|
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. |
|
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. |
|
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.
|
|
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.
|
|
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. |
|
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. |
|
Expired Status
|
The status of a
credential that is not renewed on or before the
expiration date. While expired, the health care
professional cannot practice. |
|
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. |
|
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.
|
|
Inactive Status
|
A credential may be
placed on inactive status at the request of the
health care professional. While inactive, the
health care professional may not practice in
Washington. An inactive status credential must be
renewed, but the fee is lower. Inactive status is
NOT the result of disciplinary action.
|
|
Investigation |
The process used by
trained Department of Health employees to interview
people and gather the facts about a
complaint. |
|
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. |
|
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. |
|
No Cause for
Action |
A complaint that is
closed because no violation of the law has been
proven. |
|
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.
|
|
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. |
|
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. |
|
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 Active
Status |
A credential status,
requested by a health care professional, that allows
practice only on occasion or in an emergency. A
retired active status credential must be renewed,
but the fee is lower. The retired active status is
NOT the result of disciplinary action.
|
|
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). |
|
Revocation |
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
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). |
|
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
Suspension |
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 to practice. The health care
professional cannot legally practice until a hearing
is held. |
|
Surrender of
License |
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
surrender of license ends the health care
professional’s right to practice their profession.
The health care professional agrees to stop practice
and not to practice again. No other sanctions may be
imposed except those relating to the surrender of
his/her credential. The circumstances usually
involve a health care professional at the end of
his/her effective practice. |
|
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
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. |
|
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. |
|
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.
|
|
Washington
Administrative Code (WAC)
|
|
|
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.
|
