Wash. Rev. Code § 70.230.120

Reports — Discipline of a health care provider for unprofessional conduct — Penalties

Ambulatory surgical facility administrators must report all instances where (1) a health care provider is restricted or terminated due to a finding that they have engaged in unprofessional conduct; (2) a health care provider enters into a voluntary restriction agreement while the subject of an investigation regarding their unprofessional conduct; or (3) a health care provider enters into a voluntary restriction in exchange for the ambulatory surgical facility’s promise to cease an investigation or proceeding regarding the provider’s unprofessional conduct. Washington defines unprofessional conduct as including “incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed.”

Ambulatory surgical facilities must comply with their reporting obligations within 15 days of a determination that the provider engaged in unprofessional conduct or the provider’s voluntary restriction agreement. Failure to comply with this requirement will result in a maximum fine of $250.

Ambulatory surgical facilities and their administrators are immune from any liability that may arise out of complying with their reporting obligations so long as the reports are made in good faith.

Within 15 days of receiving a report, the department of health must forward the report to the relevant disciplining authority. The disciplining authority will then alert the department of health of their determination. The department must subsequently forward the determination to the ambulatory surgical center within 15 days.