Changes have been made to the law that govern sexual misconduct and disclosure (WAC
246-16-100). During the 2019 legislative session, the
Legislature passed HB 1198. This bill requires a health care provider who is subject to the Uniform Disciplinary Act and has been sanctioned by the
Secretary for sexual misconduct to provide for the duration of the stipulation
or order, a disclosure to every patient at the patient's next visit with the
provider.
There have been questions recently about how these changes apply
to the fire service. Essentially, the law was intended for planned or scheduled
medical appointments. The sexual misconduct rules do not apply in
emergent situations where services cannot or will not be performed by another
health care provider. However, as scheduled inter-facility transports
and scheduled community paramedic work becoming more common in our
industry, it could, in fact, be considered a planned or appointment-based medical
visit, thus requiring proper disclosure to patients. Lastly, compliance
with the legal provisions of this new law also only need to occur if or when
there have been sanctions brought against the medical provider.
The intent of this email is to simply provide basic understanding
of potential impact of these new changes to the fire service and it is not
intended to serve in any capacity as professional legal advice. As
always, please consult professional legal counsel regarding any policies or
decisions pertaining to the above information.
If you have further questions on the impact of these changes, you may contact the EMS Chair, Ryan McGrady