HB 1718 — Concerning well-being programs for certain health care professionals.

ENGROSSEDH-0943.1 SUBSTITUTE HOUSE BILL 1718 State of Washington 69th Legislature 2025 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Thai, Shavers, Parshley, Zahn, and Scott)Scott READRead FIRSTfirst TIMEtime 02/21/25.01/29/25.

Referred to Committee on Health Care & Wellness.

1 ESHBHB 1718 individuals of the same sex.

(10)(a) "Physician well-being program" means a formal program established for the purpose of addressing issues related to career fatigue and well-being in physicians licensed under chapter 18.71 RCW, osteopathic physicians and surgeons licensed under chapter 18.57 RCW, physicians licensed under chapter 18.71B RCW, and physician assistants licensed under chapterschapter 18.71A and 18.71C RCW, that:

(i) Uses primarily one-on-one, peer-to-peer interactions and connects participants to physical and behavioral health resources and professional supports when appropriate;

(iii) May include discussions pertaining to general career fatigue and well-beingwellness arising from the physician's or physician assistant's professional obligations, but not for other purposes such as evaluationevaluation, of specific care or harm of specific patients, discipline, quality improvement, or the identification and prevention of medical malpracticemalpractice; or misconduct of specific providers;

(iv) Is established in writing andor contracted for, in advance of any peer-to-peer interactions or referrals, by an employer of physicians and physician assistants, a nonprofit professional medical p.

2 ESHBHB 1718 physicians and physician assistants, a nonprofit professional medical organization representing a specialty of physicians, or a statewide organization representing physicians and physician assistants;

and (vi) Does not include the monitoring of physicians or physician assistants who may be unable to practice medicine with reasonable skill and safety.

(1)(a) The secretary shall adopt rules requiring every license holder to report to the appropriate disciplining authority any conviction, determination, or finding that another license holder has committed an act which constitutes unprofessional conduct, or to report information to the disciplining authority, physician health program, or voluntary substance use disorder monitoring program approved by the disciplining authority, which indicates that the other license holder may not be able to practice his or her p.

3 ESHBHB 1718 approved by the disciplining authority, which indicates that the other license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition.

((or)) (ii) A physician health program or voluntary substance use disorder monitoring program approved by a disciplining authority under RCW 18.130.175 if the license holder is currently enrolled in the program, so long as the license holder actively participates in p.

4 ESHBHB 1718 under RCW 18.130.175 if the license holder is currently enrolled in the program, so long as the license holder actively participates in the program and the license holder's impairment does not constitute a clear and present danger to the public health, safety, or welfare;

If the license holder is not competent to practice with reasonable skill and safety, or if a patient has been harmed, the license holder shall be reported by the physician well-beingwellness program medical director or other licensee to the disciplining authority according to requirements established and adopted in rule by the Washington medical commission or, if permitted by rule, referred to a physicians health program or voluntary substance use disorder monitoring program approved under RCW 18.130.175.

Any report made to the disciplining authority under this section is not privileged or confidential and is subject to the public records act.

p.(1)(a) Physician well-being program records relating to well- being program participants created specifically for, and collected and maintained by the physician well-being program, are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to discovery by subpoena or admissible as evidence.

5This ESHBp. 1718 (1)(a) Physician well-being program records relating to well- being program participants created specifically for, and collected and maintained by the physician well-being program, are confidential and exempt from disclosure under chapter 42.56 RCW and shall not be subject to discovery by subpoena or admissible as evidence.

This5 HB 1718 privilege does not protect facts, information, communications, or documents available from other original sources and does not protect any document outside the scope of the privilege established under this section.

(b) ThisNothing in this section doesprecludes notintroduction applyinto toevidence theinformation organizingabout documentsa orlicense contractsholder establishingcollected and maintained in a physician well-being program orin toany recordscivil createdaction priorby to the establishmentlicense ofholder theregarding: physician well-being program.

(c) Nothing in this section precludes introduction into evidence information about a license holder collected and maintained in a physician well-being program in any civil action by the license holder regarding:

(d)(c) The information admitted under (c)(b) of this subsection must not be reasonably discoverable, given the scope and limits of discovery, from other nonprivileged sources.

(2) InThis thesection casedoes thatnot theapply license holder is unable to practicethe withorganizing reasonabledocuments skill and safety or acontracts patientestablishing has been harmed, a reportphysician mustwellness beprogram madeor to therecords disciplinarycreated authorityprior orto the physiciansestablishment healthof program or voluntary substance use disorder monitoring program approved by a disciplining authority under RCW 18.130.175 in accordance with RCW 18.130.070(1)(d)(iii) and rules adopted by the Washingtonphysician medicalwell-being commission.program.

Any(3) In the case that the license holder is unable to practice with reasonable skill and safety or a patient has been harmed, a report must be made to the disciplinary authority or the physicians health program or voluntary substance use disorder monitoring program approved by a disciplining authority under thisRCW section18.130.175 isin notaccordance privilegedwith orRCW confidential18.130.070(1)(d)(iii) and isrules subjectadopted toby the publicWashington recordsmedical act.commission.

6 ESHBHB 1718