RCW 43.70.075
Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.
(1)(a) The identity of a whistleblower must remain confidential if that whistleblower:
(i) Complains, in good faith, to the department of health about the improper quality of care by a health care provider, or in a health care facility;
(ii) Initiates in good faith any investigation or administrative proceeding about a complaint of improper quality of care made to the department under this section; or
(iii) Submits a notification or report of an adverse event or an incident, in good faith, to the department of health under RCW 70.56.020 or to the independent entity under RCW 70.56.040.
(b) The provisions of RCW 4.24.500 through 4.24.520, providing certain protections to persons who communicate to government agencies, shall apply to complaints and notifications or reports of adverse events or incidents filed under this section. The identity of the whistleblower shall remain confidential unless the department determines that the complaint, initiation, notification, or report was not made or done in good faith.
(c) An employee who is a whistleblower, as defined in this section, and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter 49.60 RCW.
(d) A whistleblower who is not an employee and who as a result of being a whistleblower has been subjected to reprisal or retaliatory action may initiate a civil action in a court of competent jurisdiction to either enjoin further violations, recover actual damages sustained by the whistleblower, or both, and recover the cost of the suit including reasonable attorneys' fees. The court shall award reasonable attorneys' fees in favor of the respondent if the civil action was initiated by a whistleblower who is not an employee and the court finds that the respondent has not engaged in the alleged reprisal or retaliatory action and that the complaint was frivolous, unreasonable, or groundless.
(2) A civil action under this section may not be brought more than two years after the date when the retaliation occurred.
(3) In this section:
(a) "Health care facility" means hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health care facilities as defined in RCW 70.175.020, psychiatric hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51 RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers licensed under chapter 70.41 RCW, ambulatory diagnostic, treatment, or surgical facilities licensed under chapter 70.41 RCW, ambulatory surgical facilities licensed under chapter 70.230 RCW, substance use disorder treatment facilities licensed under chapter 71.24 RCW, and home health agencies licensed under chapter 70.127 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations.
(b) "Improper quality of care" means any practice, procedure, action, or failure to act that violates any state law or rule of the applicable state health licensing authority under Title 18 or chapters 70.41, 71.24, 70.127, 70.175, 71.05, 71.12, and 71.24 RCW, and enforced by the department of health. Each health disciplinary authority as defined in RCW 18.130.040 may, with consultation and interdisciplinary coordination provided by the state department of health, adopt rules defining accepted standards of practice for their profession that shall further define improper quality of care. Improper quality of care shall not include good faith personnel actions related to employee performance or actions taken according to established terms and conditions of employment.
(c) "Reprisal or retaliatory action" means but is not limited to: Denial of adequate staff to perform duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct pursuant to Title 18 RCW; letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; a supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and the revocation, suspension, or reduction of medical staff membership or privileges without following a medical staff sanction process that is consistent with RCW 7.71.050.
(d) "Whistleblower" means a consumer, employee, or health care professional including a health care provider as defined in RCW 7.70.020(1) or member of a medical staff at a health care facility, who in good faith reports alleged quality of care concerns to the department of health or initiates, participates, or cooperates in any investigation or administrative proceeding under this section.
(4) Nothing in this section prohibits a health care facility from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under Title 18 RCW for health professionals or health care facilities.
[ 2019 c 62 § 1; 2006 c 8 § 109; 1995 c 265 § 19.]
NOTES:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Captions not law—Effective dates—Savings—Severability—1995 c 265: See notes following RCW 70.47.015.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.70 - Department of Health.
43.70.020 - Department created.
43.70.030 - Secretary of health.
43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.
43.70.041 - Five-year formal review process of existing rules.
43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.050 - Collection, use, and accessibility of health-related data.
43.70.053 - Hospital consolidated annual income—Reporting.
43.70.054 - Health care data standards—Submittal of standards to legislature.
43.70.060 - Duties of department—Promotion of health care cost-effectiveness.
43.70.068 - Quality assurance—Interagency cooperation.
43.70.070 - Duties of department—Analysis of health services.
43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.
43.70.080 - Transfer of powers and duties from the department of social and health services.
43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.
43.70.110 - License fees—Costs—Other charges—Waiver.
43.70.115 - Licenses—Denial, suspension, revocation, modification.
43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.
43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.
43.70.130 - Powers and duties of secretary—General.
43.70.140 - Annual conference of health officers.
43.70.150 - Registration of vital statistics.
43.70.190 - Violations—Injunctions and legal proceedings authorized.
43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.
43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.
43.70.220 - Transfer of powers and duties from the department of licensing.
43.70.230 - Office of health consumer assistance created—Duties.
43.70.240 - Written operating agreements.
43.70.250 - License fees for professions, occupations, and businesses.
43.70.270 - License moratorium for persons in the service—Rules.
43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.
43.70.310 - Cooperation with department of ecology.
43.70.323 - Hospital infection control grant account.
43.70.327 - Public health supplemental account—Annual statement.
43.70.334 - Temporary worker housing—Definition.
43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.
43.70.400 - Head injury prevention—Legislative finding.
43.70.410 - Head injury prevention—Program, generally.
43.70.420 - Head injury prevention—Information preparation.
43.70.435 - Diagnosed concussions of students—Report.
43.70.440 - Head injury prevention act—Short title—1990 c 270.
43.70.444 - Washington plan for suicide prevention—Steering committee—Report.
43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.
43.70.470 - Retired health care provider liability malpractice insurance—Conditions.
43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.
43.70.495 - Telemedicine training for health care professionals.
43.70.500 - Health care services practice indicators and risk management protocols.
43.70.510 - Health care services coordinated quality improvement program—Rules.
43.70.512 - Public health system—Foundational public health services—Intent.
43.70.515 - Foundational public health services—Funding.
43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.
43.70.526 - Childhood immunizations—Resources for expecting parents.
43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.
43.70.540 - Data collection—Legislative finding and intent.
43.70.545 - Data collection and reporting rules.
43.70.550 - Public health services improvement plan—Contents.
43.70.555 - Assessment standards.
43.70.560 - Media violence—Reporting reduction efforts.
43.70.590 - American Indian health care delivery plan.
43.70.595 - Health equity zones.
43.70.600 - Survey regarding exposure to radio frequencies—Results.
43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.
43.70.610 - Domestic violence education program—Established—Findings.
43.70.613 - Health care professionals—Health equity continuing education.
43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.
43.70.619 - Pregnancy complications—Informational resources.
43.70.620 - List of contacts—Health care professions.
43.70.630 - Cost-reimbursement agreements.
43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.
43.70.645 - Donor human milk—Milk bank safety standards.
43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.
43.70.660 - Product safety education.
43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.
43.70.670 - Human immunodeficiency virus insurance program.
43.70.675 - Public health advisory board.
43.70.680 - Volunteers for emergency or disaster assistance.
43.70.690 - State asthma plan.
43.70.705 - Fall prevention program.
43.70.715 - COVID-19 public health response account.
43.70.720 - Universal vaccine purchase account.
43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.
43.70.738 - Down syndrome resources—Development.
43.70.740 - Adjudicative proceedings.
43.70.765 - Opioid drugs—Warning—Patient education materials.
43.70.770 - State opioid response plan.
43.70.780 - Fruit and vegetable incentives program.
43.70.790 - Health care facility inspection and investigation availability.
43.70.800 - Oversight, consolidation, and standardization—Review.
43.70.810 - Provision of medical information—Dissemination of requirements and authority.
43.70.815 - Environmental health disparities map.
43.70.820 - Environmental justice obligations of the department of health.
43.70.825 - School-based health center program office.
43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.
43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.
43.70.850 - Suicide-safer homes task force.
43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.
43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.