Department of Health
Licensed healthcare professionals in Washington are regulated under the Uniform Disciplinary Act. The Department of Health (DOH) is responsible for enforcing the Act. Alleged violations of DOH rules can lead the Department to investigate healthcare professionals for “unprofessional conduct,” pursuant to RCW 18.130.180 and to issue a Statement of Charges (SOC) or Statement of Allegations (SOA). DOH actions against healthcare providers are frequently based on allegations of drug diversion, substance abuse, practice below the standard of care, criminal convictions, and failure to comply with a mandatory reporting requirement regarding a criminal conviction.
Anyone who has been notified that the Department is investigating him/her or who has been issued a Statement of Charges should consult with an experienced professional license defense attorney prior to contacting or responding to the Department. Attorney Adam Scott has successfully defended many clients in DOH matters. If you have received a Notice of Investigation or a Statement of Charges, contact Adam Scott today.
Regulation of Healthcare Providers by DSHS
Voluntary Substance Abuse Monitoring
Participation in a voluntary substance abuse monitoring program can be an alternative to disciplinary action against healthcare providers whose ability to practice may be impaired by drug use. The Department of Health has approved four such programs:
- Washington Physicians Health Program (WPHP) : or physicians (MD, OD), physician assistants, podiatrists, dentists, and veterinarians.
- Washington Recovery Assistance Program for Pharmacy (WRAPP): For pharmacy professions (pharmacists, pharmacy assistants, pharmacy interns, pharmacy technicians).
- Washington Health Professional Services (WHPS): For nursing professions (LPN, RN, ARNP, CRNA).
- Washington Recovery and Monitoring Program (WRAMP): For all credentialed healthcare professions not covered by the above programs.
Healthcare providers who work in DSHS-licensed facilities or who care for vulnerable adults should consult with an experienced licensure defense attorney before entering into WHPS (or a similar program) or admitting to drug abuse or diversion to DOH or any other regulatory authority. [Link to blog]. DSHS has taken the troubling legal position that diversion of drugs prescribed to a vulnerable adult necessarily constitutes “financial exploitation.” Apart from DOH’s decision about whether to take some action against your license, a DSHS finding of abuse, neglect or financial exploitation can prevent you from being able to work in DSHS-licensed facilities and working in the care of vulnerable adults, thereby severely limiting your ability to find work.
Regulation of Healthcare Providers by DSHS
The Department of Health (DOH) regulates the following professions:
o Acupuncturist (East Asian Medicine Practitioner)
o Advanced Emergency Medical Technician (AEMT)
o Advanced Registered Nurse Practitioner (ARNP)
o Agency Affiliated Counselor
o Applied Behavior Analysis (ABA)
o Athletic Trainer
o Audiologist
o Behavior Technician, Certified
o Cardiovascular Invasive Specialist
o Certified Adviser
o Chemical Dependency Professional
o Chiropractic X-Ray Technician
o Clandestine Drug Lab Cleanup
o Controlled Substance Researcher
o Dentist
o Denturist`
o Drinking Water Operating Permit
o Drug Lab Cleanup (Illegal Meth Lab)
o East Asian Medicine Practitioner
o Emergency Medical Responder (EMR)
o Emergency Medical Services Personnel
o Emergency Medical Technician (EMT)
o Family Therapist
o Food Worker
o Genetic Counselor
o Healthcare Professional Volunteer
o Licensed Practical Nurse (LPN)
o Marriage and Family Therapist
o Massage Therapist (Animal Massage)
o Midwife
o Nursing (RN, LPN, ARNP)
o Nursing Technician Registered
o Occupational Therapist and Assistant
o Ocularist
o Optician
o Optometrist
o Orthotists
o Osteopathic Physician
o Osteopathic Physician Assistant
o Physical Therapist Assistant
o Physician Assistants – Medical
o Physician Assistants – Osteopathic
o Podiatric Physician and Surgeon
o Registered Nursing Assistant
o Respiratory Care Practitioner
o Sex Offender Treatment Provider
o Speech-Language Pathology Assistant
o Veterinarian
o Veterinary Medication Clerk
o Veterinary Technician
o X-Ray Technician
Attorney Adam Scott also has extensive experience representing clients before the Department of Health boards, commissions, and advisory committees. The following boards, commissions, and advisory committees are responsible for regulating the competency and safety of healthcare providers under their jurisdiction:
o Applied Behavior Analysis Advisory Committee
o Athletic Trainer Advisory Committee
o Certified Counselors and Hypnotherapists Advisory Committee
o Chemical Dependency Professionals Advisory Committee
o Chiropractic Quality Assurance Commission
o Dental Hygiene Examining Committee
o Denturists Board
o Dispensing Optician Examining Committee
o East Asian Medicine Advisory Committee
o Emergency Medical Services & Trauma Systems Steering Committee
o Hearing and Speech Board
o Massage Board
o Medical Quality Assurance Committee
o Mental Health Counselors, Marriage and Family Therapists, and Social Workers Committee
o Midwifery Advisory Committee
o Naturopathy Board
o Nursing Care Quality Assurance Commission
o Nursing Home Administrators Board
o Occupational Therapy Board
o Optometry Board
o Orthotics and Prosthetics Advisory Committee
o Osteopathic Physicians and Surgeons Board
o Pharmacy Commission
o Physical Therapy Board
o Podiatric Medical Board
o Psychology Examining Board
o Veterinary Board of Governors