DOH Summary Suspension

We previously posted about summary suspensions generally in administrative matters.

However, what comes up frequently are summary suspensions by the Department of Health of a health care provider who may have surrendered their licenses in another jurisdiction, thinking they will simply focus on continuing to work in Washington.  

If you have been found by a Department in the other state to have committed unprofessional conduct, either by agreement or otherwise, Washington State will “take emergency action” and order a summary suspension of your Washington State license based merely on the finding of unprofessional conduct by the other state.  The summary suspension remains in effect until proceedings by the Washington disciplining authority have been completed.

You can request that the disciplining authority provide a show cause hearing before a panel, which must be requested within twenty (20) days of the issuance of the order.  At the hearing, which will be set within fourteen (14) days, you may present evidence to demonstrate that you do not pose an immediate threat to the public health and safety, or that restrictions short of a suspension may be appropriate.  Though the disciplining authority has the burden, it is met by more probable than not evidence, the lowest burden.

Thus, you will have a very short period in which to do a lot of heavy lifting to try and resolve a summary suspension with the Department of Health.  

RCW 18.130.050(8)(a)

RCW 18.130.135