Revised Code of Washington

Wash. Rev. Code § 18.130.300 (2026)

Immunity from liability

✓ current as of May 2026
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(1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.
(2) A voluntary substance abuse monitoring program or an impaired practitioner program approved by a disciplining authority, or individuals acting on their behalf, are immune from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their duties.
[ 1998 c 132 s 11; 1994 sp.s. c 9 s 605; 1993 c 367 s 10; 1984 c 279 s 21.]

Notes:

FindingIntentSeverability1998 c 132: See notes following RCW 18.71.0195.
SeverabilityHeadings and captions not lawEffective date1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 1997–2025 · leading case: Janaszak v. State, 173 Wash. App. 703 (Wash. Ct. App. 2013).
Janaszak v. State, 173 Wash. App. 703 (Wash. Ct. App. 2013). · cites it 10× “¶16 Janaszak asserts that RCW 18.130.300 does not immunize respondents because Miller-Smith exceeded the scope of her duties when she investigated him without the Commission’s prior approval.”
Dutton v. Washington Physicians Health Prog., 943 P.2d 298 (Wash. Ct. App. 1997). · cites it 4× “First, it determined that RCW 18.130.300 provides statutory immunity.”
Mark A. Hiesterman, Appellant/cross-res V. Wa State Dept. Of Health, Respondent/cross-app (Wash. Ct. App. 2023). · cites it 36× “” RCW 18.130.300(1). II. CONSTITUTIONALITY OF RCW 18.”
Delashaw v. Roberts (W.D. Wash. 2020). · cites it 14× “Delashaw contends that the Janaszak court: 9 did not apply RCW 18.130.300 to common law claims for defamation and intentional interference with a business expectancy.”
Delashaw v. Roberts (W.D. Wash. 2020). · cites it 14× “Delashaw contends that the Janaszak court: 9 did not apply RCW 18.130.300 to common law claims for defamation and intentional interference with a business expectancy.”
Melinda Johnson v. Dep't of Health (Wash. Ct. App. 2025). · cites it 9× “Like the policy considerations that provide absolute immunity to governmental entities for the official acts of its prosecutors and judges, “the immunity afforded by RCW 18.130.300 exists not to protect individuals but to protect the integrity of a uniform disciplinary process…”
Joseph Janaszak, Dds v. State Of Washington (Wash. Ct. App. 2013). · cites it 11× “67749-7-I / 11 Janaszak asserts that RCW 18.130.300 does not immunize respondents because Miller-Smith exceeded the scope of her duties when she investigated him without the Commission’s prior approval.”
Clark v. Washington State Dep't of Health (W.D. Wash. 2024). · cites it 6× “Defendants argue that her claims against all Defendants 12 must be dismissed for lack of subject matter jurisdiction because they are immune from suit 13 under the Eleventh Amendment for her federal claims and under RCW 18.130.300 for her state 14 claims. The Court addresses…”
Said Farzad v. State Of Wa, Dept. Of Health-med. Quality Assurance (Wash. Ct. App. 2019). · cites it 5× “In fact, Farzad fails to even cite to the statutes granting immunity to the defendants in this case, RCW 18.130.300 and RCW 4.24.510. Instead of addressing the legal issues regarding the defendants’ immunity from suit, Farzad simply provides a litany of factual assumptions he…”
Dutton v. Wash. Physicians Health Prog., 943 P.2d 298 (Wash. Ct. App. 1997). · cites it 4× “First, it determined that RCW 18.130.300 provides statutory immunity.”
Dang v. Johnson (W.D. Wash. 2023). · cites it 4× “There is no evidence from which to conclude that RCW § 18.130.300 does not 21 apply to the named Defendants here.”
Saade v. State of Washington Dep't of Health (W.D. Wash. 2019). · cites it 2× “20 8 Saade argues that RCW 18.130.300 is inapplicable to Defendant Fenimore because he exceeded the scope of his duty as a DOH investigator.”
— Wash. Rev. Code § 18.130.300(1) — 8 cases
Janaszak v. State, 173 Wash. App. 703 (Wash. Ct. App. 2013). “¶16 Janaszak asserts that RCW 18.130.300 does not immunize respondents because Miller-Smith exceeded the scope of her duties when she investigated him without the Commission’s prior approval.”
Mark A. Hiesterman, Appellant/cross-res V. Wa State Dept. Of Health, Respondent/cross-app (Wash. Ct. App. 2023). “” RCW 18.130.300(1). II. CONSTITUTIONALITY OF RCW 18.”
Delashaw v. Roberts (W.D. Wash. 2020). “Delashaw contends that the Janaszak court: 9 did not apply RCW 18.130.300 to common law claims for defamation and intentional interference with a business expectancy.”
Delashaw v. Roberts (W.D. Wash. 2020). “Delashaw contends that the Janaszak court: 9 did not apply RCW 18.130.300 to common law claims for defamation and intentional interference with a business expectancy.”
Melinda Johnson v. Dep't of Health (Wash. Ct. App. 2025). “Like the policy considerations that provide absolute immunity to governmental entities for the official acts of its prosecutors and judges, “the immunity afforded by RCW 18.130.300 exists not to protect individuals but to protect the integrity of a uniform disciplinary process…”
— Wash. Rev. Code § 18.130.300(2) — 1 case
Said Farzad v. State Of Wa, Dept. Of Health-med. Quality Assurance (Wash. Ct. App. 2019). “In fact, Farzad fails to even cite to the statutes granting immunity to the defendants in this case, RCW 18.130.300 and RCW 4.24.510. Instead of addressing the legal issues regarding the defendants’ immunity from suit, Farzad simply provides a litany of factual assumptions he…”
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