UDA Cooperation

Health care professionals governed by the Uniform Disciplinary Act under Chapter 18.130 of the RCW should be aware that besides cooperating with the Department’s investigation at the risk of a charge of unprofessional conduct under RCW 18.130.180(8) [see our prior post here], there may be ramifications for any attempts to address the disciplinary body during a pending matter.

Specifically, “[i]nterference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action, or by the use of financial inducements to any patient or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary proceeding.”  RCW 18.130.180(22)

Thus, if your statements contradict the allegations, you had better be certain you can prove otherwise at the end of the day.  While perjury may not be punishable in the literal sense at the administrative hearing level, it could still draw a charge of unprofessional conduct under subsection 22, besides being an act “involving moral turpitude” or dishonesty under subsection 1.  

While the Department may threaten “prosecution” of RCW 18.130.180(22), there is only one case of precedent to date, where the licensee threatened and harassed a complainant witness in this context, and not the disciplinary panel itself.   

However, as a practical matter, targeting or even mildly harassing the panel for a different outcome leading up to hearing is ill advised, as they will be less motivated to find any resolution short of hearing and the licensee may be exposed to a worse outcome at the end of the day, than any settlement attempted beforehand. 

RCW 18.130.180

Heinmiller v. Dep't of Health, 127 Wash.2d 595, 606, 903 P.2d 433 (1995), amended, 909 P.2d 1294 (Wash. 1996).