H-3824.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2380

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Dellwo and Dyer)

 

Read first time 01/31/94.

 

Modifying malpractice insurance coverage.



    AN ACT Relating to mandated malpractice coverage for health care practitioners; and amending RCW 18.130.330 and 48.22.080.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 18.130.330 and 1993 c 492 s 412 are each amended to read as follows:

    (1) Except to the extent that liability insurance is not available, every licensed, certified, or registered health care practitioner whose services are included in the uniform benefits package, as determined by RCW 43.72.130, and whose scope of practice includes independent practice, shall, as a condition of licensure and relicensure, be required to provide evidence of a minimum level of malpractice insurance coverage ((issued by a company authorized to do business in this state.  On or)) of a type satisfactory to the department before ((January 1, 1994,)) July 1, 1995.

    The department shall designate by rule:

    (((1))) (a) Those health professions whose scope of practice includes independent practice;

    (((2))) (b) For each health profession whose scope of practice includes independent practice, whether malpractice insurance is available; ((and

    (3))) (c) If such insurance is available, the appropriate minimum level of mandated coverage; and    

    (d) The types of malpractice insurance coverage that will satisfy the requirements of this section.

    (2) By December 1, 1994, the department of health shall submit recommendations to appropriate committees of the legislature regarding implementation of this section.  The report shall address at least the following issues:

    (a) Whether exemption of a health care practitioner from the requirements of this section, including but not limited to health care practitioners employed by the federal government and retired health care practitioners, is appropriate; and

    (b) Whether receipt of malpractice coverage through a certified health plan should be recognized as satisfying the requirements of this section.

 

    Sec. 2.  RCW 48.22.080 and 1993 c 492 s 413 are each amended to read as follows:

    Effective July 1, 1994, a casualty insurer's issuance of a new medical malpractice policy or renewal of an existing medical malpractice policy to a physician or other independent health care practitioner shall be conditioned upon that practitioner's participation in, and completion of, an insurer-designed health care liability risk management training program once every three years.   Completion of said training program during 1994 shall satisfy the first three-year training requirement.  The risk management training shall provide information related to avoiding adverse health outcomes resulting from substandard practice and minimizing damages associated with the adverse health outcomes that do occur.  For purposes of this section, "independent health care practitioners" means those health care practitioner licensing classifications designated by the department of health in rule pursuant to RCW 18.130.330.

 


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