Department of Health Disciplinary Matters

Nearly all disciplinary matters regarding health care providers licensed by Washington’s Department of Health [DOH], or privileged to practice in Washington, are governed by Chapter 18.130 RCW of the Uniform Disciplinary Act [UDA].  The stated intent is to have standardized procedures to strengthen and consolidate disciplinary and licensure procedures to assure the public of the adequacy of professional competence and conduct. 

But it also offers some predictable and minimal safeguards for the licensed professional who may come under investigation or have discipline imposed.  That is, provided DOH investigators or Staff Attorneys in fact follow the UDA, which does not always happen.

For example, at “the earliest point of time the license holder must be allowed to submit a written statement” about a complaint made against them.  However, some DOH investigators will ask the licensee to simply speak with them by phone and attempt to forgo this requirement as a matter of efficiency for the investigator—insist on having the opportunity to present your written statement, despite assurances otherwise, as this is your opportunity to clearly memorialize events in your favor that will be part of the DOH’s files, publicly available on request. 

Also, if you are offered a proposed Stipulation to Informal Disposition [STID] based on a Statement of Allegations from DOH, ensure you have all the information you are entitled to.  But avoid forgoing the opportunity to fully negotiate over the proposed terms, for DOH to proceed instead with formal discipline in a Statement of Charges—it is most likely a matter of efficiency for the Staff Attorney and/or the governing body, and not in the licensee’s best interests.