Avoid Unenforceable Contracts Regarding Complaints Pursuant to the Uniform Disciplinary Act

What Department of Health licensed provider does not want to try and limit their exposure, whether civilly or relative to any action the disciplining authority may take under the Uniform Disciplinary Act?  Maybe a patient or client has expressed their willingness to be paid to resolve legal claims and you think, heck, why not add language to limit their ability to file a complaint with the DOH?  Beware, this is not advisable whatsoever!!  Not only is it possible extortion just to negotiate over this public right, but your entire agreement, even cutting off civil litigation, may be void. 

Know that any agreement that is contrary to public policy, such as agreeing to withhold a report or concern to a regulatory agency, is unenforceable as a matter of law.  The threshold question is whether it has a tendency to be against the public good. Legislative action and/or intention determines public policy.

RCW 18.130.080(6), of the Uniform Disciplinary Act [UDA], provides that a “person is immune from civil liability, whether direct or derivative, for providing information in good faith to the disciplining authority under this section.”  The UDA was intended to “assure the public of the adequacy of professional competence” and provide “assurance of accountability and confidence in the various practices of health care.”  RCW 18.130.010.  Thus, a contract that attempts to circumvent this legislation is clearly against public policy and may be void as a matter of law if that was the intention of the parties at the time.

Consult a lawyer before having your patient/client execute a release of a known claim.