AGO 1989 No. 8.

Case DateApril 21, 1989
CourtWashington
Washington Attorney General Opinions 1989. AGO 1989 No. 8. April 21, 1989[Orig. Op. Page 1]PRIVATEFEDERAL PREEMPTION -- MEDICAL DISCIPLINARY BOARD -- MEDICINE, SURGERY, AND OSTEOPATHY -- STATE RESERVED POWERS1. Sections 422(b) and 423(c) of Public Law No. 99-660 do not infringe upon rights reserved to the States under the Tenth Amendment of the United States Constitution, because these portions of the Health Care Quality Improvement Act of 1986 carry out a federal purpose, the regulation of interstate commerce.2. Sections 422(b) and 423(c) of Public Law No. 99-660, portions of the Health Care Quality Improvement Act of 1986, do not preempt independent state reporting requirements for health-related professions such as those contained in RCW 18.180.110(2) [18.130.110(2)] and similar statutes.R. Milton Schayes, M.D.ChairmanMedical Disciplinary BoardDepartment of LicensingHighways-Licenses Bldg.Olympia, WA 98504Cite as: AGO 1989 No. 8Dear Doctor Schayes: By letter previously acknowledged, you have requested our opinion on the following questions: 1. Do sections 422(b) and 423(c) of Public Law No. 99-660 infringe upon rights reserved to the States under the Tenth Amendment of the United States Constitution? 2. Do sections 422(b) and 423(c) of Public Law No. 99-660 constitute federal preemption of RCW 18.130.110(2) and any other similar reporting statute adopted by the Washington Legislature? [Orig. Op. Page 2] We answer both questions in the negative for the reasons set forth in our analysis. ANALYSIS In 1984, the Washington Legislature enacted chapter 18.130 RCW, the Uniform Disciplinary Act. Laws of 1984, ch. 279. The chapter was intended to strengthen and consolidate disciplinary procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the enforcement of laws the purpose of which is to assure the public of the adequacy of professional competence and conduct in the healing arts. RCW 18.130.010. The disciplinary authorities covered by chapter 18.130 RCW, including the Board of Medical Examiners established in chapter 18.71 RCW and the Medical Disciplinary Board established in chapter 18.72 RCW, are authorized to investigate complaints or reports of unprofessional conduct, to issue statements of charges, to hold hearings, and to issue orders. RCW 18.130.020(1), .050 [18.130.050], .090 [18.130.090], .160 [18.130.160]. RCW 18.130.110(2) requires the disciplinary authority to report the issuance of statements of charges and final orders to certain designated entities. In 1986, the United States Congress enacted Public Law No. 99-660, relating to health programs. Title IV of Public Law No. 99-660, the Health Care Quality Improvement Act of 1986, was enacted on the basis of congressional findings that "[t]he increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State" and that "[t]here is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician's previous damaging or incompetent performance". Pub. L. No. 99-660, § 402, 100 Stat. 3743, 3784 (codified at 42 U.S.C. § 11101). Section 422 of the Act addresses reporting of sanctions taken by boards of medical examiners, 1 while [Orig. Op. Page 3] section 423 addresses reporting of certain...

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