The Department of Health’s Required Disclosure on Sexual Misconduct Sanctions

It has been a little time since RCW 18.130.063 was enacted in October of 2019, where licensed health care providers in Washington must affirmatively disclose to each patient, during the period of time the license holder is “subject to the order or stipulation,” the fact of any act involving sexual misconduct allegations.  The language in the RCW clearly states this disclosure is required whether there is a “stipulation to informal disposition” or by way of an “order,” either an agreed order, default order, final order, order of reinstatement—all but for a summary restriction order, which can be imposed in the course of an investigation, before any decision about discipline is made, formally or informally.

More recently, DOH seems to be veering away from suspension to have some sort of probation instead, or built in, where the licensee must jump through this hoop of shame, as all discipline is reported to the National Practitioner Data Bank and on DOH’s website disclosing licensing history.  This has put additional pressure on the licensee denying such allegations to consider having informal disposition proceed with formal discipline, to have the right to a hearing on the merits rather than resolve informally. 

Regardless, you should seek counsel if you are being “offered” any settlement with DOH over allegations of sexual misconduct, besides the usual issues, with this highly public and personal disclosure required in such cases.