2005 Washington Revised Code RCW 18.130.160: Finding of unprofessional conduct — Orders — Sanctions — Stay — Costs — Stipulations.

Upon a finding, after hearing, that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority may consider the imposition of sanctions, taking into account any prior findings of fact under RCW 18.130.110, any stipulations to informal disposition under RCW 18.130.172, and any action taken by other in-state or out-of-state disciplining authorities, and issue an order providing for one or any combination of the following:

     (1) Revocation of the license;

     (2) Suspension of the license for a fixed or indefinite term;

     (3) Restriction or limitation of the practice;

     (4) Requiring the satisfactory completion of a specific program of remedial education or treatment;

     (5) The monitoring of the practice by a supervisor approved by the disciplining authority;

     (6) Censure or reprimand;

     (7) Compliance with conditions of probation for a designated period of time;

     (8) Payment of a fine for each violation of this chapter, not to exceed five thousand dollars per violation. Funds received shall be placed in the health professions account;

     (9) Denial of the license request;

     (10) Corrective action;

     (11) Refund of fees billed to and collected from the consumer;

     (12) A surrender of the practitioner's license in lieu of other sanctions, which must be reported to the federal data bank.

     Any of the actions under this section may be totally or partly stayed by the disciplining authority. Safeguarding the public's health and safety is the paramount responsibility of every disciplining authority and in determining what action is appropriate, the disciplining authority must first consider what sanctions are necessary to protect or compensate the public. Only after such provisions have been made may the disciplining authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

     The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes.

[2006 c 99 § 6; 2006 c 8 § 104; 2001 c 195 § 1; 1993 c 367 § 6; 1986 c 259 § 8; 1984 c 279 § 16.]

Reviser's note: This section was amended by 2006 c 8 § 104 and by 2006 c 99 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).      Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010.      Severability -- 1986 c 259: See note following RCW 18.130.010.