WHPS & Board of Nursing Substantial Compliance

Washinton’s Board of Nursing will be adjusting to how the Provider Credential Search discloses certain information to the public, to come in line with Substitute House Bill 1255.  This change arises from an effort to reduce stigma associated with any substance use disorder and treatment program for those practitioners who have successfully completed any monitoring they agreed to or that was ordered, and adds a new section to Chapter 18.79 RCW governing nursing care specifically, effective July 23, 2023.  

What is surprising, besides being long overdue, is that the language contemplates “substantial compliance,” though leaving it for the Board to find, as to whether the terms of the order or agreement were “substantially” met.  What does this mean for those who have substantially complied with the terms imposed by Washington Health Professional Services (WHPS) and who want to leave the program?  Also, doesn’t admitting to the stigma affecting a practitioner after “substantial compliance” also acknowledge that the stigma is harmful before then, to protect the practitioner during recovery and monitoring well before “substantial compliance?” 

And what of those practitioners who must endure conditions to their licensure due to mental health and/or substance abuse issues that are not being monitored by WHPS?   

It is time to consider a bigger fix to these highly personal and stigmatizing disclosures—amend the Public Records Act to include exemptions to disclosure of any health care provider licensee’s files unless and until there may be an adjudication on the merits to have a Final Order reflecting any monitoring needed and leave this as a backstop for those who are successful in any “substantial compliance.”